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HomeMy WebLinkAboutCouncil Actions 11-03-03BESTPITCH 36535-110303 ROANOKE CITY COUNCIL REGULAR SESSION NOVEMBER 3, 2003 9:00 A.M. EMERGENCY OPERA TIONS CENTER CONFERENCE ROOM AGENDA Call to Order--Roll Call. A communication from Mayor Ralph K. Smith requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. File #110-132 Approved (7-0) Items listed on the 2:00 p.m. Council docket requiring discussion/clarification; and additions/deletions to the 2:00 p.m. docket. Topics for discussion by the Mayor and Members of Council. Committee liaison reports by the Mayor and Members of Council. Suggestions for improved Council/citizen communications. The following items were discussed at the September 5, 2003 Council Retreat: · Provide RVTV coverage of informal Council briefings and joint sessions of Council with certain Council appointed committees · Brief introduction by the City Manager of items listed under the City Manager's section of the agenda · Display announcements read by the Mayor at the beginning of the Council meeting on a screen in the Council Chamber · Televise a summary of the Council meeting on RVTV Channel 3 immediately following each session · Electronic voting by the Mayor and Members of Council as a time saving measure File #132-448 o Briefings: · Memorial Avenue Update File #514 · Franklin Road and Elm Avenue Update File #514 · Boundary Adjustment File #444 20 minutes 20 minutes 20 minutes THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED AT 2:00 P.M., IN THE COUNCIL CHAMBER. ROANOKE CITY COUNCIL REGULAR SESSION NOVEMBER 3, 2003 2:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order--Roll Call. (All present.) BESTPITCH 36535-110303 The Invocation was delivered by The Reverend E. T. Burton, Pastor, Sweet Union Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Ralph K. Smith. Welcome. Mayor Smith. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Thursday, November 6, 2003, at 7:00 p.m., and Saturday, November 8, 2003, at 4:00 p.m. Council meetings are now being offered with closed captioning for the hearing impaired. 3 ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541. THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEGOV.COM, CLICK ON THE ROANOKE CITY COUNCIL ICON, CLICK ON MEETINGS AND AGENDAS, AND DOWNLOAD THE ADOBE ACROBAT SOFTWARE TO ACCESS THE AGENDA. ALL PERSONS WISHING TO ADDRESS COUNCIL ARE REQUESTED TO REGISTER WITH THE STAFF ASSISTANT WHO IS LOCATED AT THE ENTRANCE TO THE COUNCIL CHAMBER. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH, HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE IS REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE AT WWW.ROANOKEGOV.COM, TO OBTAIN AN APPLICATION. 4 2. PRESENTATIONS AND ACKNOWLEDGMENTS: Proclamation declaring Saturday, November 15, 2003, as America Recycles Day. File #3-282 Proclamation declaring Saturday, November 15, 2003, as Valley Bookfest Day. File #3-323 e CONSENT AGENDA APPROVED (7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 Minutes of the regular meeting of Council held on Monday, September 15, 2003. RECOMMENDED ACTION: Dispense with the reading of the minutes and approve as recorded. C-2 A communication from the City Manager requesting that Council schedule a public hearing for Monday, November 17, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to conveyance of an easement across City-owned property along Tinker Creek, identified as Official Tax No. 4321020. RECOMMENDED ACTION: File #28-166 Concur in the request. 5 C-3 Qualification of the following persons: Calvin H. Johnson and Thomas G. Powers, Jr., as members of the Roanoke Civic Center Commission, for terms ending September 30, 2006; and File #110-192 Minnis E. Ridenour as a Commissioner of The Hotel Roanoke Conference Center Commission, for a term ending June 30, 2005. File #110-247 RECOMMENDED ACTION: Receive and file. REGULAR AGENDA 4. PUBLIC HEARINGS: NONE. 5. PETITIONS AND COMMUNICATIONS: Request of the Virginia Association of the Blind, Shenandoah Division, to address Council with regard to funding for the Therapeutic Division of Roanoke County Parks and Recreation V.I.P. Program for the visually impaired. John Elliott, President, Spokesperson. (Sponsored by Mayor Smith and Council Member Cutler) Mr. Elliott advised that the City of Roanoke appropriates $9,800.00 per year for the Roanoke County Therapeutic Program, $6,600.00 of which is designated for the Visually Impaired Program; therefore, there appears to be an inequity in funding inasmuch as 40 per cent of program participants reside in the City of Roanoke. The matter was referred to the City Manager for report to Council. File #67 6 6. REPORTS OF OFFICERS: a. CITY MANAGER: The City Manager introduced John Elic, Director of Technology. BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. Appropriation of Industrial Access Road funds in connection with Blue Hills Drive extension located in the Roanoke Centre for Industry and Technology. Adopted Budget Ordinance No. 36535-110303 File #207 2. Execution of a Lease Amendment with the Department of General Services to decrease the amount of space being leased in the Commonwealth Building, and pel-mitting the Department of Fire Programs to vacate the building, effective December 1, 2003. Adopted Ordinance No. 36536-110303 File #373-524 b. DIRECTOR OF FINANCE: 1. Financial Report for the month of September 2003. Received and filed. File #1-10 7. REPORTS OF COMMITTEES: NONE. 8. UNFINISHED BUSINESS: NONE. 9. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 7 10. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor, Vice-Mayor and Members of City Council. Council Member Wyatt called attention to her political campaign for the House of Delegates; whereupon, she expressed appreciation to her opponents, Gary Bowman and William Fralin, for conducting positive campaigns. File #132-40 Council Member Bestpitch called attention to the Vaccinate and Vote Campaign through the Community Based Immunization Project. He advised that on Election Day, November 4, representatives of the Vaccinate and Vote Program will be present at 27 of the City's voting precincts to present information on the program, and flu vaccinations will be given from 9:00 a.m. to 2:00 p.m. at the Preston Park Elementary School. File #132-40 Council Member Bestpitch referred to a communication from R. Michael Amyx, Executive Director, Virginia Municipal League, commending the City of Roanoke for its hospitality in hosting the Annual Conference of the Virginia Municipal League on October 19 - 21, 2003. He advised that pursuant to action of the Council at its 9:00 a.m. work session, the VML will be invited to return to Roanoke in 2009. File #17 8 Council Member Bestpitch referred to concerns that have been raised regarding the land on which the City plans to construct a stadium/amphitheater at Orange Avenue and Williamson Road. He read an excerpt from a communication from Faulkner and Flynn stating that, "The scope of the investigative work, the extent of the City's removal and the quantitative nature of the risk analysis performed by the City of Roanoke on this site far exceeds the general criteria for performing an environmental assessment in accordance with industry standards. The City of Roanoke has demonstrated with a high degree of certainty that the subject site does not and will not pose any unacceptable risk to human health or the environment." File #122-529-192 The Mayor raised questions with regard to the new fee structure for police/fire alarm responses in the City of Roanoke; whereupon, the City Manager advised that Council will be provided with information which was previously presented to the Council at the time of enactment of the ordinances. File #289-70-5 Vacancies on certain authorities, boards, commissions and committees appointed by Council. 11. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Mr. John E. Kepley, 2902 Morrison Avenue, S. E., addressed Council in connection with the stadium/amphitheater project. He advised that the project will ultimately result in the demolition of Victory Stadium. File #122 9 Mr. Robert E. Gravely, 929 Loudon Avenue, N. W., presented a document proposing that Roanoke's court system investigate charges of mismanagement of the City of Roanoke. File #377-175 Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., advised that the decision of Council to construct a new stadium/amphitheater at Orange Avenue and Williamson Road will cause dire economic and health consequences for future adults and their children due to incomplete testing of a hazardous waste field costing over $18 million. File #122 12. CITY MANAGER COMMENTS: The City Manager recommended that City offices be closed on December 26, 2003 and January 1, 2004. Council adopted Resolution No. 36537- 110303 (7-0) File #184 CERTIFICATION OF CLOSED SESSION. (7-0) Council appointed/reappointed the following persons to boards and commissions: Sam G. Oakey, III File #110-323 Roanoke Public Library Board for a term ending ending June 30, 2006. Juan D. Motley File #110-304 Youth Services Citizen Board for a term ending May 31, 2006 THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL FRIDAY, NOVEMBER 14, 2003, AT 12 NOON AT THE SALEM CIVIC CENTER, PARLOR C, 1001 BOULEVARD, SALEM, VIRGINIA, FOR THE REGIONAL LEADERSHIP SUMMIT WITH GENERAL ASSEMBLY REPRESENTATIVES. 10 RALPH K. SMITH Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 November 3, 2003 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: This is to request a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, RKS:snh Ralph K. Smith Mayor CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com November 3, 2003 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: Subject: Memorial Avenue Update This is to request space on Council's regular agenda for a 20-minute briefing on the above referenced subject. City Manager DLB:sm c: City Attorney Director of Finance City Clerk CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com November 3, 2003 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: Subject: Franklin Road and Elm Avenue Update This is to request space on Council's regular agenda for a 20-minute briefing on the above referenced subject. Respectfully submitted, City Manager DLB:sm c: City Attorney Director of Finance City Clerk CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com November 3, 2003 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: Subject: Boundary Adjustment This is to request space on Council's regular agenda for a 20-minute briefing on the above referenced subject. Respectfully submitted, ~v,, ~,~ Darlene L. Burcham City Manager DLB:sm c: City Attorney Director of Finance City Clerk CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com November 3, 2003 The Honorable Ralph K. Smith, Mayor The Honorable C. Nelson Harris, Vice-Mayor The Honorable William D. Bestpitch The Honorable M. Rupert Cutler The Honorable Alfred T. Dowe, Jr. The Honorable Beverly T. Fitzpatrick, Jr. The Honorable Linda F. Wyatt Dear Mayor Smith and Members of City Council: Subject: Boundary Line Adjustments Roanoke County has approached the City of Roanoke with a proposed boundary adjustment for several properties, Vinyard Park and Rockydale Quarries. The Roanoke County Administrator and the City Manager have discussed adjusting the boundary line between the County and City to benefit both jurisdictions. These boundary adjustments consist of three adjustments: (i) moving 57.88 acres of Vinyard Park from the City to the County, (ii) moving 7.02 acres owned by Rockydale Quarries from the County to the City, and (iii) moving approximately 38 acres associated with the Roanoke Regional Water Pollution Control Plant from the County to the City. Vinyard Park- The County owns two parcels of land located within City boundaries. The two parcels are in the area that is used by the County as a public park and soccer field (Vinyard Park). Adjusting the boundary for the 57.88 acres places the Vinyard Park parcels within Roanoke County, thus consolidating the park land within one municipality. Rockydale Quarries - The bulk of the Rockydale Quarries facility is located in the City, 4754 Old Rocky Mount Road. However, as the result of an exchange transaction with the Parkway several years ago, Rockydale Quarries acquired a 7.02 ace parcel which is located within the County. In this portion of the valley, the Parkway serves as the dividing Jine between the City and County. The boundary adjustment would in effect establish the Blue Ridge Parkway as the dividing buffer between the City and County, as well as, consolidate Rockydale Quarries Corporation facility property within one municipality. The Honorable Mayor and Members of City Council November 3, 2003 Page 2 Roanoke Regional Water Pollution Control Plant - Similarly, adjusting the boundaries for the 38 acres associated with the Roanoke Regional Water Pollution Control Plant from the County to the City represents an opportunity to consolidate the property within one municipality. It also represents a more equivalent exchange for the Vinyard Park boundary adjustment. Included with this Fetter is a chart summarizing the assessed values of these properties (although much of the acreage is tax exempt since it is owned by the County and City). Additionally, three maps are attached showing the location of these properties and their relationship with adjoining properties. If both jurisdictions are in agreement, the procedure for adjusting the boundary lines between the County and the City includes the following steps: 1) An agreement to relocate the boundary line between the localities 2) Publication of notice of intention to relocate the boundary line followed by a public hearing in each locality 3) Filing a petition with the circuit court for approval of the agreement with a plat depicting the change in the boundary 4) Recordation of the court order establishing the new boundary. The following details the parcels under consideration: Vinyard Park 7020101 70% within Flood Zone) Vinyard Park 9.0649 $ 26,700 7020102 TOTAL 57.887! 134,700* 48.823 RA $108,000 Rockydale Quarries 88.083-01.36 1604 UnderhillAvenue 070.11-01-19.01 7.02 AG3 $ 56,200 .72 12 1700 Underhill Avenue 5.13 070.11-01-03.00 0 Underhill Avenue - Sewage Treatment Plant 32.16 070.11-01-20.00 TOTAL 45,03 R2 12 $ 23,700 $ 93,300 $131,800 000 *Note: Market value data provided by RE Valuation stated a potential value range of $3,000 - $5,000 per acre. Increased value could be supported if zoned LM. The Honorable Mayor and Members of City Council November 3, 2003 Page 3 Upon your approval, staff will be directed to proceed accordingly. Sir~cerely, (~ · ' Darlene L. Bbr-cb~tm City Manager Attachments DLB:ge o: Mary F. Parker, City Clerk Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney Map 1 :~ke Legend ~City of Roanoke Properties Roam County ,/ ~p 2 City of Roanoke Rockydale Quarries Legend ~ R~noke Coun~ Prope~ies City of Roanoke Regional Water Pollution Control Plant ~ke Legend ~ Roanoke County Properties Office of the Mayor CITY OF ROANOKE WHERE~IS, America Recycles Day is a national event designed to invigorate the commitment of citizens to recycling, reducing waste and choosing products made with recycled materials; and IVHEREAS, the City of Roanoke has offered free "commingled" curbside collection of mixed paper and cardboard, and glass, plastic, aluminum cans and steel carts since 2001, and invites all citizens, schools, businesses and places of worship to recycle with the City of Roanoke; and WHERE~S, five important reasons why ~lmericans should recycle and buy products made from recycled materials are: recycling Saves Natural Resources - by producing products from recycled materials, citizens conserve land and reduce the need to drill for oil and dig for materials; Saves Energy - it takes less energy to produce recycled products; Saves Clean ,4ir and Water - producing products from recycled materials create less air and water pollution than products from virgin materials,. Saves Landfill Space - landfill space is conserved when recycled materials go into new products,. Saves Money and Creates Jobs - recycling and remanufacturing activities account for more than one million jobs in the United States; and WHEREAS, the City of Roanoke will recognize America Recycles Day with numerous public events, including a recycling pledge card drawing with prizes donated by local sponsors, a home composting workshop on November 8, an afier-school program at Jackson Park Library on November 12, a film screening of "The Next Industrial Revolution", and an Environmental Studies Writers' Session on November 15, which is part of the Valley Bookfest at the Main Branch of the Roanoke Public Library. NOW, THEREFORE, I, Ralph I( Smith, Mayor of the City of Roanoke, Virginia, encourage all citizens, schools, businesses and places of worship to participate and to support recycling efforts by submitting their "Pledge Card" during the period of Navember 3 - 14, 2003, and do hereby proclaim Saturday, November 15, 2003, throughout this great All-America City, as AMERICA RECYCLES DA E Given under our hands and the Seal of the City of Roanoke this third day of November in the year two thousand and three. ATTEST.. Mary 1~ Parker City Clerk Ralph K Smith Mayor Office of the Mayor CITY OF ROANOKE WHEREAS, expanding the level of literacy in communities through access to the highest quality library and information services is the goal of libraries that are advocates of 21st Century Literacy across the country; and WHEREAS, the need for a highly literate citizenry is essential to our City today and in the future as we move toward enhancing economic development and quality of life within municipal boundaries; and WHEREAS, libraries have developed a climate to promote and to expand literacy in communities by creating library.sponsored pre-school storytimes, reading clubs for people o fall ages, collaborating with volunteer and community-based organizations to provide access to basic skills/literacy services to youth and adults and community- oriented festivals aimed at celebrating reading and writing; and WHEREAS, all citizens are urged to learn more about the importance of literacy and to attend a book festival which celebrates the writing of authors from Southwest Virginia, to be held on Saturday, November 15, 2003, at the Roanoke Main Library. NOW, THEREFORE, L Ralph K. Smith, Mayor of the City of Roanoke, Virginia, in recognition of efforts made by the Roanoke Public Libraries in the area of literacy and to celebrate implementation of the second community-wide celebration of reading and writing, do hereby proclaim Saturday, November 15, 2003, throughout this great All-.4merica City, as VALLEY BOOKFEST DA E Given under our hands and the Seal of the City of Roanoke this third day of November in the year two thousand and three. Mary F Parker City Clerk Ralph K Smith Mayor REGULAR WEEKLY SESSION--ROANOKE CITY COUNCIL September 15, 2003 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, September 15, 2003, at 2:00 p.m., the regular meeting hour, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter 2. Administration, Article II, City Council, Section 2-15, _Rules of Procedure, Rule 1, -R~.qular Meeting~, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., C. Nelson Harris, Linda F. Wyatt, William D. Bestpitch, and Mayor Ralph K. Smith----6. ABSENT: Council Member M. Rupert Cutler ........................................... 1. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by The Reverend Johnny Stone, Pastor, Hill Street Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. PRESENTATIONS AND ACKNOWLEDGMENTS: DECEASED PERSONS-LIBRARIES: Mr. Harris offered the following resolution memorializing the late Betty Brooke Morris Parrott: (#36473-091503) A RESOLUTION memorializing the late Betty Brooke Morris Parrott, wife of former Council Member John H. Parrott. (For full text of Resolution, see Resolution Book No. 68.) Mr. Harris moved the adoption of Resolution No. 36473-091503. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch and Mayor Smith ..................................................................................................... --6. NAYS: None .......................................................................................... 0. (Council Member Cutler was absent.) On behalf of the City of Roanoke and the Members of Council, the Mayor presented a ceremonial copy of Resolution No. 36473-091503 to Mr. Parrott. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to five requests for closed sessions to discuss vacancies on boards and commissions and the terms of contracts in negotiation. MINUTES: Minutes of the regular meeting of Council held on Monday, July 21, 2003, and recessed until Thursday, July 31, 2003, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) Mr. Fitzpatrick moved that the reading of the minutes be dispensed with and that the minutes be approved as recorded. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, Harris, Bestpitch and Mayor Smith ................................................................................................. 5. NAYS: None ........................................................................ -0. (Council Member Cutler was absent.) (Council Member Wyatt was out of the Council Chamber when the vote was recorded.) COMMITTEES.CITY COUNCIL: A communication from Mayor Ralph K. Smith requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before the body. Mr. Fitzpatrick moved that Council concur in the request of the Mayor to convene in a Closed Meeting to discuss vacancies on various authorities, boards, commissions and committees appointed by the Council, as above described. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, Harris, Bestpitch and Mayor Smith ...................................................................................................... 5. NAYS: None ................................................................... -0. (Council Member Cutler was absent.) (Council Member Wyatt was out of the Council Chamber when the vote was recorded.) CITY COUNCIL-CITIZEN OF TH E YEAR: A communication from Mayor Ralph K. Smith requesting that Council convene in a Closed Meeting to discuss the Citizen of the Year award, pursuant to Section 2.2-3711 (A)(10), Code of Virginia (1950), as amended, was before the body. Mr. Fitzpatrick moved that Council concur in the request of the Mayor to convene in a Closed Meeting to discuss the Citizen of the Year award as above described. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, Harris, Bestpitch and Mayor Smith ........................................................................................................... 5. NAYS: None .......................................................................... --O. (Council Member Cutler was absent.) (Council Member Wyatt was out of the Council Chamber when the vote was recorded.) CITY COUNCIL-CITY PROPERTY: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property, pursuant to Section 2.2-3711(A)(3), Code of Virginia (1950), as amended, was before the body. Mr. Fitzpatrick moved that Council concur in the request of the City Manager to convene in a Closed Meeting to discuss the disposition of publicly-owned property as above described. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, Harris, Bestpitch and Mayor Smith ......................................................................................................... 5. NAYS: None ............................................................................. --0. (Council Member Cutler was absent.) (Council Member Wyatt was out of the Council Chamber when the vote was recorded.) CITY COUNCIL-CITY PROPERTY: A communication from the City Manager requesting that Council convene a Closed Meeting to discuss the disposition of publicly-owned property, pursuant to Section 2.2-3711(A)(3), Code of Virginia (1950), as amended, was before the body. Mr. Fitzpatrick moved that Council concur in the request of the City Manager to convene in a Closed Meeting to discuss the disposition of publicly-owned property as above described. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, Harris, Bestpitch and Mayor Smith ........................................................................................................ 5. NAYS: None .................................................................................. ----0. (Council Member Cutler was absent.) (Council Member Wyatt was out of the Council Chamber when the vote was recorded.) CITY COUNCIL-CITY PROPERTY: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property, pursuant to Section 2.2-3711(A)(3), Code of Virginia (1950), as amended, was before the body. Mr. Fitzpatrick moved that Council concur in the request of the City Manager to convene in a Closed Meeting to discuss the disposition of publicly-owned property as above described. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, Harris, Bestpitch and Mayor Smith ........................................................................................................ 5. NAYS:None ........................................................................... ~. (Council Member Cutler was absent.) (Council Member Wyatt was out of the Council Chamber when the vote was recorded.) FRANCHISES.CITY COUNCIL-CABLE TELEVISION: A communication from the City Manager requesting that Council schedule a public hearing for Monday, October 6, 2003, at 2:00 p.m., or as soon thereafter as the matter may be heard, with regard to adoption of a revised Cable Television Ordinance and approval of renewal of the Franchise Agreement, was before the body. The City Manager advised that City of Roanoke representatives, along with representatives of Roanoke County and the Town of Vinton, have been negotiating a renewal of the Cable Television Franchise Agreement between the City and CoxCom, Inc., d/b/a Cox Communications Roanoke, which will also involve adoption of a revised Cable Television Ordinance for the City. Mr. Fitzpatrick moved that Council concur in the request of the City Manager that a public hearing be held on Monday, October 6, 2003, at 2:00 p.m., or as soon thereafter as the matter may be heard, as above described. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, Harris, Bestpitch and Mayor Smith .................................................................................................... 5. NAYS: None ...............................................................................-0. (Council Member Cutler was absent.) (Council Member Wyatt was out of the Council Chamber when the vote was recorded.) AUDIT COMMITTEE: Minutes of a meeting of the Audit Committee held on Tuesday, September 2, 2003, were before Council. The following items were discussed: Internal Audit Report: Real Estate Valuation Sheriff's Canteen Fund and Jail Inmate Fund Purchasing Cards Facilities Management School Safety - Update Municipal Auditing Annual Plan - June 30, 2004 Audit Committee Annual Report. June 30, 2003 Municipal Auditing Annual Report - June 30, 2003 Mr. Fitzpatrick moved that the Minutes of the meeting of the Audit Committee be received and filed. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, Harris, Bestpitch and Mayor Smith ........................................................................................................ 5. NAYS: None ............................................................................. -0. (Council Member Cutler was absent.) (Council Member Wyatt was out of the Council Chamber when the vote was recorded.) COMMITTEES-TOWING CONTRACT: A report of qualification of Michael W. Conner as a member of the Towing Advisory Board, for a term ending June 30, 2006, was before Council. Mr. Fitzpatrick moved that the report of qualification be received and filed. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, Harris, Bestpitch and Mayor Smith ....................................................................................................... 5. NAYS: None .............................................................................. -0. (Council Member Cutler was absent.) (Council Member Wyatt was out of the Council Chamber when the vote was recorded.) REGULAR AGENDA PUBLIC HEARINGS:NONE. PETITIONS AND COMMUNICATIONS: BUDGET-COMMONWEALTH'S ATTORNEY: A report of the Commonwealth's Attorney presenting cost collection results for fiscal year 2002-2003, was before Council. (For full text, see report on file in the City Clerk's Office.) REPORTS OF OFFICERS: CITY MANAGER: ITEMS RECOMMENDED FOR ACTION: POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager submitted a communication advising that the Help Eliminate Auto Theft (H.E.A.T.) Program is a cooperative effort between the Virginia Department of State Police, the Department of Motor Vehicles, and 161 local law enforcement agencies across the Commonwealth of Virginia; based on population, Virginia has enjoyed a 25.6% decrease in the number of auto thefts since implementation of the H.E.A.T. Program in 1992; and as part of the 2002-2003 H.E.A.T. Program, funds were allocated in the form of grants to financially support implementation of new auto theft enforcement initiatives by law enforcement agencies. it was further advised that in recognition of a continuing trend of auto thefts occurring in the Roanoke Valley, the Police Department developed a plan to proactively address thefts; on August 5, 2003, the Commonwealth of Virginia Department of State Police awarded the City of Roanoke $6,911.00 in grant funds to establish a "Bait Vehicle Program"; grant funds will be used to purchase the appropriate bait vehicle equipment and software needed to successfully operate one bait vehicle; the goal of the "Bait Vehicle Program" is to aid law enforcement officers and detectives with reduction of auto thefts in the Roanoke Valley; using the Police Department's crime analysis statistics, the bait vehicle will be used in areas where frequent vehicle thefts occur; information retrieved from the bait vehicle will also provide the Court with comprehensive verifiable case information to aid in the successful prosecution of auto theft cases; and once established, the program will serve as a deterrent for future car thieves. The City Manager recommended that she be authorized to accept a grant of $6,911.00 from the Commonwealth of Virginia Department of State Police, subject to approval as to form by the City Attorney; and that Council appropriate State grant funds in the amount of $6,911.00, with a corresponding revenue estimate in accounts to be established by the Director of Finance in the Grant Fund. Mr. Dowe offered the following budget ordinance: (#36474-091503) AN ORDINANCE to amend and reordain certain sections of the 2003-2004 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 68.) Mr. Dowe moved the adoption of Ordinance No. 36474-091503. The motion was seconded by Mr. Fitzpatrick and adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch and Mayor Smith .................................................................................................... -6. NAYS: None ................................................................................. --0. (Council Member Cutler was absent.) Mr. Dowe offered the following resolution: (#36475-091503) A RESOLUTION authorizing the acceptance of the Help Eliminate Auto theft (H.E.A.T.) Grant offer made by the Commonwealth of Virginia Department of State Police and authorizing the execution of any required documentation on behalf of the City. (For full text of Resolution, see Resolution Book No. 68.) Mr. Dowe moved the adoption of Resolution No. 36475-091593. The motion was seconded by Mr. Fitzpatrick and adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch and Mayor Smith ........................................................................................................ -6. NAYS:None ....................................................................... ~. (Council Member Cutler was absent.) CITY CODE-ANIMALS/INSECTS-FIREARMS: The City Manager submitted a communication advising that the City continues to address issues relating to options for the management of deer population; a temporary solution to managing the City's deer population has been developed that would utilize two retired Roanoke police officers as temporary City employees who, working as a team, will remove antler-less deer through use of a suppressed rifle provided by the City; and implementation of the temporary plan is scheduled to begin in October 2003. It was further advised that Section 21-60 of the Code of the City of Roanoke (1979), as amended, states that "it shall be unlawful for any person to shoot any gun, pistol or any other firearm within the limits of the City, except in the case of urgent necessity, this section shall not apply to members of the city police force, members of the established armed forces and members of bona fide gun clubs, shooting ranges approved by the City Council and established in the City for their use, and persons shooting in licensed shooting galleries"; while the City Code provides an exception for police officers, the temporary employees will not be "members of the city police force" inasmuch as they will be hired for the deer program exclusively; and there is no provision in Section 21-80 that allows for the discharge of a firearm for the purpose of culling the antler-less deer population. It was explained that the proposed amendment to Section 21-80 states that "persons authorized by the City to cull antler-less deer under the conditions of the Urban Deer Management Program Permit (DPOPP) granted to the City by the Virginia Department of Game and Inland Fisheries" will be allowed to discharge a firearm within the limits of the City; and the proposed amendment to Section 21-80 will enable the City to implement its deer management plan. The City Manager recommended that Council adopt an ordinance amending Section 21-80 of the City Code with regard to the discharging of firearms. Mr. Dowe offered the following ordinance: (#36476-091503) AN ORDINANCE amending and reordaining Section 21-80, Dischar~linq Firearms, Article III, Weapons, of Chapter 21, Offense-Miscellaneous, of the Code of the City of Roanoke (1979), as amended, to exempt persons authorized by the City to cull antler-less deer from the application of Section 21-80; and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 68.) Mr. Dowe moved the adoption of Ordinance No. 36476-091503. The motion was seconded by Mr. Fitzpatrick. Mr. Joseph Schupp, 2323 South Jefferson Street, a member of the City's Wildlife Task Force, commended the City of Roanoke on moving ahead with a portion of the recommendations of the Wildlife Task Force. He advised that the Wildlife Task Force recommended a two-prong approach, i.e.: implementing an urban archery program and a sharpshooting program; one program without the other will not solve the deer problem, but will represent a good start, and the urban archery portion of the recommendations is an important and necessary step. He presented an outline that the City could use to ensure strongly controlled situations regarding the selection of qualified archers, and advised that other cities currently involved in urban archery include Colonial Heights, Franklin, Lynchburg, Martinsville, and the Towns of Altavista, Amherst, Blacksburg, Chistiansburg, ]0 Farmville, Independence, Tazewell, West Point and Fairfax County. He stated that sharpshooting alone is costly and will not resolve the problem, and implementing the urban archery phase will demonstrate to Roanoke's citizens that the City is keeping an eye on taxpayers' money, while proceeding with a necessary and free to the taxpayers portion of the program. Ms. Heidi Baird, 542 Dillard Road, S.W., representing taxpayers with humane attitudes toward wildlife, advised that the City of Roanoke has far more important issues on which to spend its time and money than whether deer are destroying vegetation in certain neighborhoods. She inquired if the City has given any consideration to the consequences of persons shooting guns in urban neighborhoods, or wounded deer in residential neighborhoods, or wounded deer that could run down Route 419 which could cause a traffic accident, all of which bare severe consequences, and should be addressed by Council prior to enacting the deer management program. She asked that action on the matter be deferred and that the recommendations of the Wildlife Task Force be publicized. Mr. Bestpitch advised that there is evidence that deer over population is a problem, not just for the City of Roanoke, or the Commonwealth of Virginia, but throughout most, if not all of the country. He stated that he has been contacted by numerous citizens over a number of months on the issue and he has assured them that the City of Roanoke will ensure that eliminating the deer over population will be done in a restricted and controlled manner, while taking into consideration the concerns of citizens, such as discharge of firearms within neighborhoods and the time of day that such operations will be conducted, etc. He added that the proposed City Code amendment presently before the Council does not include any of the restrictions that have been previously discussed in detail by the Council, and expressed concern that the proposed amendment is broader than previous Council discussions. Therefore, he offered a substitute motion that the matter be referred back to the City Manager for further study and report to Council. The motion failed for lack of a second. The City Manager advised that a program is currently under review by City staff to address the specifics of the deer management program. She assured Council that the intent of the program is to engage in the activity on public property; if the City received a request from a private property owner to enter their property for the purpose of engaging in deer culling, the policy as currently written, but has not been formally adopted by Council, would require that the private property owner contact the City and the private property owner would be required to agree to certain conditions under which the City would engage in the activity on private property. She stated that emphasis has been placed on antlerless deer because experts report that such action would reduce the herd significantly inasmuch as that particular kill represents the equivalent of four deer in the future, as opposed to bucks with antlers. She explained that City staffwas not comfortable with finalizing the deer management program until Council approved the proposed City Code amendment, which is the last of the options that were offered and considered in terms of an approach to deer management in the City. She advised that some months ago, the City received a proposal by an expert company that the City had intended to engage in this activity which involved baiting deer into a particular area and would further concentrate and limit the area in which the activity would occur; however, current State Code provisions do not allow this specific method of action; therefore, as a part of the City's 2004 Legislative Program, special action will be requested by the 2004 Session of the General Assembly. She advised that upon completion, Council could be provided with administrative regulations regarding deer management prior to implementation. There was discussion in regard to the remarks of a previous speaker in connection with injured deer; whereupon, the City Manager advised that every round of fire would have to be accounted for; if a deer is struck and leaves the area, no more shooting would be allowed and those individuals hired by the City would be required to recover the deer before moving on to another site. Mr. Bestpitch expressed concern that Council is being requested to vote on an ordinance amending the City Code prior to completion of the deer management plan; Council has been told by the City Manager that at some point the guidelines could be submitted to the Council, but there is no assurance that the guidelines will be presented to the Council, and he would prefer to review the guidelines prior to voting on the proposed amendment to the City Code. Ordinance No. 36476-091503 was adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, and Mayor Smith---5. NAYS: Council Member Bestpitch ........................................................ 1. (Council Member Cutler was absent.) INDUSTRIES-ECONOMIC DEVELOPMENT: The City Manager submitted a communication advising that on May 19, 2003, Council authorized the City Manager to execute an Option Agreement with Roanoke Development, LLC, for the purchase of New Tract F, designated as Official Tax No. 7230105, at the Roanoke Centre for Industry and Technology (RCIT), which was executed and is dated June 10, 2003; the proposed developer, Roanoke Development, LLC, was contacted by SEMCO, Incorporated of Virginia, to design and construct a build-to-suit manufacturing facility for its sole use, which SEMCO would lease from Roanoke Development, LLC; since that time, SEMCO has decided to own and construct the building itself rather than to use a development corporation and now desires that the Option Agreement be assigned to SEMCO to enable purchase of the property from the City; and the Option Agreement provides that it may be assigned upon the written consent of the City of Roanoke and Roanoke Development, LLC; and Roanoke Development, LLC, has agreed to such assignment. The City Manager recommended that she be authorized to execute an Assignment and Amendment No. One to the Option Agreement for the sale of New Tract F at RCIT and to take such further action and to execute such other documents as may be required for sale of such property, subject to approval by the City Attorney; the transfer will keep the same basic terms and conditions related to project scope, investment, and commitments as was made in the original Option and the separate letter of understanding supplied by SEMCO, Incorporated, however, Roanoke Development, LLC, will be released from any further obligations since SEMCO, Incorporated, will assume all obligations. Mr. Harris offered the following ordinance: (#36477-091503) AN ORDINANCE authorizing the Execution of an Assignment and Amendment Number One with SEMCO, Incorporated of Virginia, to the Option Agreement with Roanoke Development, LLC, for the option to purchase an approximate 18.437 acre parcel of land known as New Tract F located at the Roanoke Centre for Industry and Technology ("RCIT"), upon certain terms and conditions; authorizing the City Manager to take such other action and to execute such other documents as may be required to implement the sale of such property at RCIT to SEMCO, Incorporated of Virginia; and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 68.) Mr. Harris moved the adoption of Ordinance No. 36477-091503. The motion was seconded by Mr. Fitzpatrick and adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch and Mayor Smith .......................................................................................................... -6. NAYS: None .............................................................................. --0. (Council Member Cutler was absent.) PAY PLAN-STATE COMPENSATION BOARD-CITY SHERIFF: The City Manager submitted a communication advising that the Master Deputy Sheriff program is a career enhancement program offered to Sheriff's offices by the State Compensation Board, beginning in 1995; at the time, the Sheriff took advantage of the opportunity through an agreement with the City Manager; and the program continues today, but is not reflected in the City's Pay Plan Ordinance, along with similar career development programs. The City Manager recommended that Council approve an amendment to the Pay Plan Ordinance to include the Master Deputy Sheriff program, which provides a five per cent increase to the base salary up to, but not exceeding, five per cent above the pay range maximum of deputy sheriffs who are appointed by the Sheriff, pursuant to guidelines set forth by the Virginia State Compensation Board. Mr. Dowe offered the following ordinance: (#36478-091503) AN ORDINANCE amending Ordinance No. 36312-051203, adopted May 12, 2003, adopting and establishing, among other things, a Pay Plan for officers and employees of the City, effective July 1,2003, by the addition of a new Paragraph 15, and the renumbering of subsequent paragraphs in the ordinance, in order to include a provision relating to an increase in the base salary of persons qualified and appointed by the Sheriff as Master Deputy Sheriffs; and dispensing with the second reading by title paragraph of this ordinance. (For full text of Ordinance, see Ordinance Book No. 68.) Mr. Dowe moved the adoption of Ordinance No. 36478-091503. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch and Mayor Smith ................................................................................................... -6. NAYS:None ............................................................................. ~. (Council Member Cutler was absent.) POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager submitted a communication advising that Congress has appropriated funds for continuation of the Local Law Enforcement Block Grant (LLEBG) for the period of October 1, 2003 through September 30, 2005, to be administered by the Bureau of Justice Assistance and the U. S. Department of Justice; the purpose of the LLEBG program is to provide funds to units of local government to underwrite projects designed to reduce crime and to improve public safety; and the City of Roanoke has been awarded LLEBG grant funds in the amount of $102,351.00. It was further advised that grant conditions require a local match amount of $11,372.00, for a program total of $113,723.00; the award renews Roanoke's LLEBG Grant program for the eighth consecutive year; grant funds must be used for: (1) payment of overtime to presently employed law enforcement officers for the purpose of increasing the number of hours worked by such personnel and (2) procuring equipment, training and other materials directly related to basic law enforcement functions; police bicycle patrol, directed at specific/problem areas or neighborhoods will be continued through this program; and deadline for acceptance of the grant is September 29, 2003. It was explained that grant funds become available only after a public hearing and an LLEBG program advisory committee meeting have been conducted by the Police Department; the public hearing and the LLEBG Advisory Committee meeting must be conducted prior to November 13, 2003; the LLEBG Program requires that all grant funds ($102,351.00) be placed in an interest bearing account; based on interest earned during the past year of LLEBG funding, interest earnings of $1,500.00 are anticipated for the grant; and the local cash match of $11,372.00 is available in the Police Department's State Asset Forfeiture Account. The City Manager recommended that she be authorized to accept the Local Law Enforcement Block Grant (LLEBG) of $102,351.00 from the Bureau of Justice Assistance, with the Police Department providing $11,372.00 as a local cash match from State Asset Forfeiture Account No. 035-640-3302-2149, and $1,500.00 in anticipated interest earnings; that she be further authorized to execute the grant agreement and any related documents, subject to approval as to form by the City Attorney; and that Council appropriate funds, in the amount of $115,223.00, and establish corresponding revenue estimates in accounts to be established by the Director of Finance in the Grant Fund. Mr. Fitzpatrick offered the following budget ordinance: (#36479-091503) AN ORDINANCE to amend and reordain certain sections of the 2003-2004 Grant Fund Appropriations and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 68.) Mr. Fitzpatrick moved the adoption of Ordinance No. 36479-091503. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch and Mayor Smith .......................................................................................................... --6. NAYS: None ................................................................................ -0. (Council Member Cutler was absent.) Mr. Dowe offered the following resolution: (#36480-091503) A RESOLUTION authorizing the acceptance of the Local Law Enforcement Block Grant offer made by the Bureau of Justice Assistance and authorizing the execution of any required documentation on behalf of the City. (For full text of Resolution, see Resolution Book No. 68.) Mr. Dowe moved the adoption of Resolution No. 36480-091503. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch and Mayor Smith .......................................................................................................... -6. NAYS: None ................................................................................... --0. (Council Member Cutler was absent.) BUDGET-GRANTS.YOUTH: The City Manager submitted a communication advising that the City of Roanoke has been selected as a grantee for the second year of a three-year funding cycle for Runaway and Homeless Youth (RHY) program, under provisions of the Runaway and Homeless Youth Act, in the amount of $126,675.00 annually; funds are used to cover salaries and fringe benefits of a Youth Counselor III, a Youth Counselor II, a relief counselor and related program activities in the Sanctuary Outreach program; and the required local match is offered as in- kind services. It was further advised that the U. S. Department of Health and Human Services awards grants for services in three-year cycles; the project period for this grant began September 30, 2002, and will end on September 29, 2005; the focus of the program is to alleviate problems of runaway and homeless youth and their families, strengthen family relationships and encourage stable living conditions; through the intervention program, Sanctuary outreach staff offers runaway and homeless youth and their families a combination of shelter-based and home-based supportive services that will decrease the incidence of repeat runaway episodes; and program services include: 24 hour intake and referral access, temporary shelter, individual, group and family counseling, community service linkages, aftercare services, case disposition and recreation opportunities. The City Manager recommended that she be authorized to accept the grant, in the amount of $126,675.00 in 2003-2004, from the U. S. Department of Health and Human Services (Grant No. 03CYO433/02) for Sanctuary's RHY Outreach program; to execute the grant agreement and any related documents required by the Department of Health and Human Services, subject to approval as to form by the City Attorney; and that Council appropriate funding, in the amount of $126,675.00, and increase the corresponding revenue estimate in accounts to be established by the Director of Finance in the Grant Fund. Mr. Dowe offered the following budget ordinance: (#36481-091503) AN ORDINANCE to amend and reordain certain sections of the 2003-2004 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 68.) Mr. Dowe moved the adoption of Ordinance No. 36481-091503. The motion was seconded by Mr. Fitzpatrick and adopted by the following vote: ]7 AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch and Mayor Smith ............................................................................................................ 6. NAYS: None ...............................................................................-0. (Council Member Cutler was absent.) Mr. Dowe offered the following resolution: (#36482-091503) A RESOLUTION authorizing the acceptance of a grant from the United States Department of Health and Human Services to be used for salary and fringe benefits of counselors and related activities in the Outreach program; and authorizing the execution of the necessary documents. (For full text of Resolution, see Resolution Book No. 68.) Mr. Dowe moved the adoption of Resolution No. 36482-091503. The motion was seconded by Mr. Fitzpatrick and adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch and Mayor Smith ............................................................................................................ 6. NAYS:None ............................................................................. --0. (Council Member Cutler was absent.) BUDGET-EMERGENCY SERVICES-GRANTS: The City Manager submitted a communication advising that the Virginia Department of Emergency Management has announced allocation of the Base 2003 Office of Domestic Preparedness Equipment Program Grant, which is designed to allow local governments in Virginia to purchase equipment that will enhance their ability to respond to terrorist acts involving weapons of mass destruction; the City of Roanoke has been allocated $79,657.00 based upon a formula that provided $20,000.00, plus 62.7 cents per capita, and funding will be made available upon review of the equipment budget detail listing and approval by the Virginia Department of Emergency Management and the Office of Domestic Preparedness. It was further advised that the funds which require no local match, must be used according to requirements specified by the Office of Domestic Preparedness; and the 2003 grant allows for the purchase of equipment from 12 commodity areas, including personal protective equipment, detection and monitoring equipment, decontamination equipment, and communications. 15 The City Manager recommended that she be authorized to execute any documentation required in connection with obtaining and accepting the above referenced allocation, to furnish such additional information and to take such additional action as may be needed to implement and administer the funds and agreements, said documents to be subject to approval as to form by the City Attorney; and that Council appropriate funding, in the amount of $79,657.00, to accounts in the Grant Fund to be established by the Director of Finance, and establish a revenue estimate in the same amount. Mr. Dowe offered the following budget ordinance: (#36483-091503) AN ORDINANCE to amend and reordain certain sections of the 2003-2004 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 68.) Mr. Dowe moved the adoption of Ordinance No. 36483-091503. The motion was seconded by Mr. Fitzpatrick and adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch and Mayor Smith ............................................................................................................ -6. NAYS: None ................................................................................ -6. (Council Member Cutler was absent.) Mr. Fitzpatrick offered the following resolution: (#36484-091503) A RESOLUTION accepting a Base 2003 Office of Domestic Preparedness Equipment Program Grant made to the City by the Virginia Department of Emergency Management for the purpose of purchasing equipment to enhance the City's ability to respond to terrorist acts involving weapons of mass destruction, and authorizing execution of any required documentation on behalf of the City. (For full text of Resolution, see Resolution Book No. 68.) Mr. Fitzpatrick moved the adoption of Resolution No. 36484-091503. The motion was seconded by Mr. Dowe and adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch and Mayor Smith ....................................................................................................... -6. NAYS:None .............................................................................. ~. (Council Member Cutler was absent.) DIRECTOR OF FINANCE: AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the City of Roanoke for the month of July 2003. Without objection by Council, the Mayor advised that the July Financial Report would be received and filed. REPORTS OF COMMITTEES: BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting appropriation and transfer of the following, was before Council. $166,770.00 in a supplemental appropriation for school transportation charges; the monies will fully fund the cost of transporting pupils for No Child Left Behind programs. $1,102,554.00 from the 2003-04 Capital Maintenance and Equipment Replacement Fund, to provide monies for instructional and administrative technology requests, school bus replacement, facility maintenance and custodial equipment requirements, district-wide furniture replacement, grounds services equipment, facility maintenance vehicle replacement, purchase of video surveillance systems, and repair of a roof. $50,000.00 for the Comprehensive School Reform grant program at Noel C. Taylor Learning Academy; Taylor Learning Academy will implement a basic skills program which includes staffdevelopment and remedial skills instruction, and this continuing program is 100 percent reimbursed by Federal funds. $67,092.00 for the Governor's School program to provide instruction in science and math to high school students; the continuing program will be supported by State funds and tuition collected from participating school districts. $14,000.00 for the Instructional Support Team Project to provide services for children with disabilities at Fallon Park Elementary School, to be funded with Federal funds. $1,981.00 for the Special Education Assistive Technology program to purchase equipment and software to assist students with disabilities, to be 100 per cent reimbursed by Federal funds. A report of the Director of Finance recommending that Council concur in the request, was also before the body. Mr. Dowe offered the following budget ordinance: (#36485-091503) AN ORDINANCE to amend and reordain certain sections of the 2003-2004 School Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 68.) Mr. Dowe moved the adoption of Ordinance No. 36485-091503. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch and Mayor Smith ........................................................................................................... -6. NAYS: None ...................................................................................... -0. (Council Member Cutler was absent.) BONDS/BOND ISSUES-SCHOOLS: A communication from the Roanoke City School Board advising that as a result of School Board action taken at a meeting on September 9, 2003, the School Board adopted a resolution to participate in the 2003 Interest Rate Subsidy Program Bond Sale - VPSA School Financing Bonds (1997 Resolution) Series 2003 C; and proceeds of the bond issue will be used in lieu of Literary Fund loans approved by the State for the Roanoke Academy for Mathematics and Science project. It was further advised that Council is requested to adopt a resolution indicating that the City of Roanoke desires to participate in the VPSA bond issue; and Council will be requested to conduct a public hearing and to take other procedural matters that may be required for participation in the VPSA bond issue. A report of the Director of Finance concurring in the request of the School Board, was also before Council. Mr. Dowe offered the following resolution: (#36486-091503) A RESOLUTION authorizing and directing the City Manager to file an application with the Virginia Public School Authority seeking bond financing in an amount estimated not to exceed $5,000,000.00 to finance the replacement of the existing school building at Roanoke Academy for Mathematics and Science, previously approved pursuant to Resolutions No. 35439-070201 and No. 35440-070201, adopted by the Council at its July 2, 2001, meeting. Mr. Dowe moved the adoption of Resolution No. 36486-091503. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch and Mayor Smith ........................................................................................................ -6. NAYS: None ................................................................................ ._-0. (Council Member Cutler was absent.) UNFINISHED BUSINESS: NONE. INTRODUCTION AND CONSIDERATION RESOLUTIONS: NONE. OF ORDINANCES AND MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: ROANOKE CIVIC CENTER-AUDITS/FINANCIAL REPORTS: Council Member Wyatt, Council's liaison to the Roanoke Civic Center Commission, advised that the Civic Center Commission has requested more timely transmittal of the City's monthly financial reports. FIRE DEPARTMENT-REFUSE COLLECTION-EQUIPMENT: Council Member Wyatt advised that it has been reported that in lieu of purchasing a ladder engine for the Fire Department, the City will purchase three refuse collection vehicles; whereupon, the City Manager advised that she would respond to the inquiry prior to the Council's 7:00 p.m. session. TRAFFIC: The Mayor requested that the City Manager review the new traffic lane changes on Williamson Road. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that Council sets this time as a priority for citizens to be heard; and matters requiring referral to the City Manager will be referred immediately for response, recommendation or report to Council. COMPLAINTS-ARMORY/STADIUM: Mr. John Kepley, 2909 Morrison Street, S. E., inquired as to why four Members of Council are allowed to dictate, control and ignore the wishes of thousands of citizens of the City of Roanoke who have let their voices be heard regarding the fate of Victory Stadium. He stated that if the citizens were allowed to vote on whether to save Victory Stadium, Council's previous decision would go down in defeat, and of the Members of Council who favor a new stadium/amphitheater, Council Member Dowe is the only native Roanoker; therefore, Council Members Bestpitch, Cutler, Wyatt and former Council Member William Carder have few memories of Victory Stadium, or its vital importance to the thousands of citizens who want to save the facility. He expressed appreciation to Mayor Smith, Vice-Mayor Harris and Council Member Fitzpatrick for their support to publicly vote to reopen the Victory Stadium issue. COMPLAINTS-ARMORY/STADIUM: Mr. Chris Craft, 1501 East Gate Avenue, N. E., advised that instead of building a new stadium the City should pave Williamson Road, provide residents of Gainsboro with the funds that were previously promised by the City, address traffic congestion on Orange Avenue, install universal turn lanes on Williamson Road, and seek ways to save taxpayers' money, while not dividing the community. BUDGET-NEIGHBORHOOD ORGANIZATIONS: Ms. Norma Smith, 11 - 14th Street, S. W., called attention to HUD funds which were allocated for Hurt Park. She requested clarification as to whether the funds were designated for Hurt Park, or for the Hurt park neighborhood in general. In view of long standing community needs, she asked that the funds be used for the entire Hurt Park community. CITY MANAGER COMMENTS: NONE. At 3:05 p.m. the Mayor declared the meeting in recess for two City Manager briefings and five Closed Sessions. ZONING: The City Manager introduced a briefing on the Zoning Ordinance; whereupon, Nancy Snodgrass, City Planner II, addressed the following landscaping standards in the existing Zoning Ordinance and the proposed update to the Zoning Ordinance: Vision 2001-2020 provides that "Trees and other vegetation represent both an environmental resource and an important landscape feature in the quality of life in the City." The Urban Forestry Plan provides that "Roanoke will take action in order to achieve an average tree canopy of 40 per cent within ten years". Policy approach to Vision 2001-2020 provides that buildings and trees should shape the City's image rather than asphalt and signs; and maintaining and increasing the City's tree canopy will have a beneficial impact on air quality, storm water control, noise levels, temperature, and visual appearance. Recommended actions - Vision 2001-2020 include revision of the Zoning Ordinance to address landscaping to encourage commercial centers rather than strip development, strengthen landscaping requirements in village centers, and establish tree canopy goals that include preservation standards and planting of trees based on zoning district and density. Overview of the Urban Forestry Plan includes preparation of new standards for better tree preservation, planting and maintenance in private non-residential areas and private developments; and adoption of zoning regulations requiring "green" site development and parking areas. Urban Forestry Plan policies include that an updated Zoning Ordinance will minimize environmental damage during development process- generous tree canopy in parking lots, preserve existing trees and minimum tree canopy percentages by zoning district. Urban Forestry Plan zoning regulations include benchmark landscaping regulations with other localities, stronger tree canopy requirements for parking lots, use of native trees where possible and tree canopy banks. Landscaping standards applicability Existing code: Comprehensive development plan Proposed draft: Comprehensive and basic development plans Where is landscaping required? Existing Code: Buffer yards, street yard trees and parking lots (interior) Proposed draft: Buffer yards, street yard trees, parking lots (interior and perimeter) foundation and tree canopy. Buffer Yards Existing code: One size fits all, generic description and deciduous caliper and spacing Draft ordinance: Variable scale, two definitive options and approved plant list Street Yard Trees Existing Code: one per 50 feet, deciduous trees (minimum two and one half inches caliper) Proposed draft: One per 35 feet, approved plant list Parking Lots: Interior Existing Code: Surface parking areas equal to five per cent of interior of parking area Proposed draft: Surface planting areas equal to five per cent of interior of parking area; trees at rate of 20-year tree canopy of 25 per cent of parking area; approved plant list and planting island standards. Parking Lots: Perimeter Existing Code: No requirement Proposed draft: Eight-foot planting strip along perimeters that abut public street or property line; one deciduous tree per 30 feet and evergreen shrubs three feet on center; and approved plant list. Foundation Landscaping Existing Code: No requirement Proposed draft: Building facades fronting on public streets, three feet deep, one shrub per three linear feet and exempt if no required front yard. Tree Canopy Existing Code: No requirement Proposed draft: Minimum tree canopies by district, 10 to 20 per cent of site; planted and existing; preservation bonus; and credit for other requirements. Landscaping: Overview Benchmark regulations, development plans, approved plant list, buffer yard types, parking lot perimeters, tree canopy - site and parking lots, and foundation planting. Discussion by Council: Commitments made by officials of Calvary Baptist Church in connection with the demolition of a parking lot and proposed landscaping around the parking lot have not been honored, to which the Director of Planning and Code Endorsement advised that he would review the site development plan to determine if there are binding commitments. Some tree canopy is not attractive, for example: older residential streets where American Electric Power has shaped the trees into a "Y" and the center of the tree has been removed; whereupon, the Director of Planning and Code Enforcement advised that from a Zoning Ordinance point of view, a specified tree list is proposed to enable the City to select the right type of tree for a specific location. Not only should there be guidelines in regard to tree canopy, but tree management as well, particularly in older neighborhoods; whereupon, the City Manager advised that if Council wishes to accelerate the replacement of trees in order to address some of the older neighborhoods which are lined with unattractive trees, the City administration could provide a plan of action and costs to address the issue. A program has worked well in some localities in which home owners volunteer to nurture a tree planted by the locality on private property, and it was suggested that the City of Roanoke explore the feasibility of the program. CITY MARKET: The City Manager introduced a briefing on management of the historic City Market Building by Advantis Corporation, including a six month update, progress to date in identifying additional tenants, lease renewals, capital improvements, etc. Representatives of Advantis Corporation, including Tim Allison, Zachary Means and Kimberly Bisger, with over 40 years of combined real estate experience, advised that: An overview of Advantis includes a century of wisdom, a full service commercial real estate company, 500 employees and 175 brokers, 7,500 client transactions over the last five years, 13 regional offices throughout the southeast, GVA partner with global real estate network with member firms in 85 countries on five continents, and 30 million square feet under management. Current Advantis locations include offices in Atlanta, Georgia; Chesapeake, Virginia; Durham, North Carolina; Jacksonville, Florida; Newport News, Virginia; Norfolk, Virginia; Orlando, Florida; Raleigh, North Carolina; Richmond, Virginia; Tampa, Florida; Tysons Corner, Virginia; and Washington, D. C. GVA worldwide includes international strategic partnership, 85 offices in 70 firms in 20 different countries, over 3,660 commercial real estate professionals, over $13 billion in worldwide transactions and 137 million square feet under management. Leasing and sales teams in the Richmond Office include 60 employees, 11 agents, 3.5 million square feet of property for leasing and management, and no conflicts of interest. Advantages of contracting with Advantis include a team approach, technology (any site program), commitment to increase business, greater exposure, and track record of outstanding performance and results. Leasing goals include 100 per cent occupancy, no delinquency, quality tenants, increased rent revenues and lease of second floor market building space. The marketing advertisements, calling. approach includes marketing flyers, newspaper representation at ICSC's, tenant relationships, cold Leasing activity: Tenant Lease Value · Grass Roots $ 68,224.00 · Hong Kong Restaurant 162,265.00 · Tavern on the Market 163,895.00 · Cuticles 10,765.00 · The Galleria 62,529.00 · Subway 134,680.00 · Nuts & Sweet Things 11,724.00 Management services include property management, facility management, construction management, lease audits and facility consulting services. Management goals for the City Market Building include retaining existing tenants, creating operating efficiencies and controlling expenses, 27 improving maintenance operations, implementing preventative maintenance plans, and aligning the Market Building in the Downtown Master Plan. · Capital Improvements include HVAC requirements, electrical components, interior finishes, ADA and exterior finishes. It was advised that: One of the biggest challenges has been to lease second floor space. The Market building has a history of occupants with late rents and Advantis is working with tenants to ensure that payments are made on time. Advantis would like to ensure that rents are not too high, while maintaining a good return of profit for the City of Roanoke. The first and foremost goal is to retain as many of the current tenants as possible. There is a desire to bring in local, regional and national tenants, with the goal of attracting a group of cohesive tenants. Lease negotiations are underway with Subway restaurant. Question was raised as to how a national chain such as a Subway restaurant would compete with local small business operators; whereupon, it was advised that it would work to the advantage of other tenants because clientele driving by who may not be from Roanoke would see the Subway sign and stop, and would then visit the food court; Subway is a national food chain and the first reaction of a market tenant is that they could potentially loose business, but if one looks beyond the initial two to three weeks of activity, in the long run, local tenants would gain business through additional foot traffic and a brand name acknowledgment that will attract people to the area. It is anticipated that there will be a $40,000.00. $50,000.00 annual rate of return on the Market Building. Advantis does not propose changes that will have a negative impact; however, it wishes to align the property to work with the City and the City's Master Plan over the next five to ten years. The City of Roanoke would like to encourage an atmosphere of night life for downtown events; to do so, the "mom and pop" types of operations will be required to work more hours; if more traffic is to be brought downtown to the City Market Building, orto Center in the Square, etc., there is a need for more big names to serve as a drawing point, and a Subway restaurant by itself will not accomplish this goal, but will be a stepping stone. The City Market building has provided a kind of incubator step for numerous businesses, and if the businesses continue to grow, they can be offered more space. The goal of Advantis is to retain existing tenants, to help them grow in their businesses and to be successful, to be involved in operations, to cut costs and to make the City Market building as profitable as possible, while making the facility a better place for people to visit, which is a challenge in that it requires a considerable amount of money, organization, skills, changing vendors, etc. · A good preventative maintenance plan should be implemented that will not allow the building to deteriorate which is expensive. · There is a need to align the City Market building and its use with the downtown master plan. Deferred maintenance items include: HVAC, coils have been cleaned, a chemical treatment is in place to change the water system, and a local contractor, Renew, Inc., has been engaged for janitorial maintenance. · Capital expenses required for the building include: design of the HVAC, with engineering and electrical components to be received within three- four weeks; interior finishes such as new furniture, new carpet on the upstairs floor on the mezzanine level, ADA requirements, issues throughout the building concerning counter and sidewalk entrances, etc., for venders and certain exterior functions. · There was discussion in regard to the need to bring more light into the building and the feasibility of adding more light fixtures as a part of the request for proposals on the engineering component. At 4:50 p.m., the Mayor declared the Council Meeting in recess for five Closed Sessions, which were held in the Council's Conference Room. At 6:45 p.m., the meeting reconvened in the Council Chamber, with all Members of the Council in attendance, except Council Member Cutler. COUNCIL: With respect to the Closed Meeting just concluded, Mr. Bestpitch moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch and Mayor Smith ............................................................................................................ 6. NAYS: None ................................................................................... --0. (Council Member Cutler was absent.) FLOOD REDUCTION/CONTROL: The Mayor advised that there is a vacancy on the Flood Plain Committee, created by the resignation of Sandra Kelly; whereupon, he opened the floor for nominations. Mr. Bestpitch placed in nomination the name of Frank Caldwell. There being no further nominations, Mr. Caldwell was appointed as a member of the Flood Plain Committee, for a term ending June 30, 2004, by the following vote: FOR MR. CALDWELL: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch and Mayor Smith ............................................................................... --6. (Council Member Cutler was absent) At 6:50 p.m., the Mayor declared the Council meeting in recess until 7:00 p.m., in the City Council Chamber. At 7:00 p.m., on Monday September 15, 2003, the Council meeting reconvened in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding. PRESENT: Council Members Alfred T. Dowe, Jr., William D. Bestpitch, Beverly T. Fitzpatrick, Jr., C. Nelson Harris, Linda E. Wyatt, and Mayor Ralph K. Smith ....... -6. ABSENT: Council Member M. Rupert Cutler ................................................ 1. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City Clerk. The invocation was delivered by Vice-Mayor C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. PUBLIC HEARINGS: STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, September 15, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Kermit and Dorothy Shriver that a portion of an alley located off Thyme Street, S. E., at the rear of Lots 4, 5 and 6, Official Tax Nos. 4041901- 4041904, inclusive, be permanently vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, August 29, 2003, and Friday, September 5, 2003. The City Planning Commission submitted a written report advising that the petitioner requests closure of an alley lying between four of their parcels of land; the petitioner purchased the adjoining properties from Carillion Health System in 1997; the unimproved alley requested for closure lies between Official Tax Nos. 401904 inclusive; the alley is approximately 150 feet long and 20 feet wide, or 3,000 square feet; and the petitioner owns all parcels, in addition to Official Tax Nos. 4041905- 4041907 inclusive. It was further advised that the petitioner's properties are zoned C-1, Office District, as are the properties immediately to the south of the subject alley; the western side of Belleview Avenue is zoned RM.2, Residential Mulit-Family, Medium Density; the northern side of Thyme Street, which encompasses properties fronting on Linden Street, is zoned RS-3, Residential Single Family, High Density District; parcels to the south and east of the subject alley are vacant and lie on a steep uphill grade; residential properties lie to the north and west of the alley; and the petitioner's property at Official Tax No. 4041902 consists of a triplex with rental units. It was explained that the alley is currently partially paved off of Thyme Street; the petitioner uses the alley for ingress and egress to a parking lot and an accessory structure covers a portion of the southeastern corner of the alley; and Thyme Street is improved for approximately 100 feet southeast of the alley. The City Planning Commission recommended that Council approve the request and that the petitioner be charged $750.00 for the alley. Mr. Dowe offered the following ordinance: (#36487- 091503) AN ORDINANCE permanently vacating, discontinuing and closing a certain public right.of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 68.) Mr. Dowe moved the adoption of Ordinance No. 36487-091503. The motion was seconded by Mr. Fitzpatrick. Mr. Kermit E. Shriver, petitioner, appeared before Council in support of the request. The Mayor inquired if there were persons present who would like to speak in connection with the public hearing. There being none, he declared the public hearing closed. Mr. Bestpitch moved that Ordinance No. 36487-091503 be amended to include the following: Approval of the application is contingent upon the applicant paying $750.00 for consideration of the right-of.way. The motion was seconded by Mr. Fitzpatrick and adopted. Ordinance No. 36487-091503, as amended, was adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch and Mayor Smith ............................................................................................................ -6. NAYS: None .......................................................................................... -0. (Council Member Cutler was absent.) ZONING: Pursuant to Resolution No, 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, September 15, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of L & M Properties, L.L.C., to rezone three tracts of land located on Wertz Avenue and Mississippi Avenue, N. E., consisting of 14.401 acres, more of less, identified as Official Tax Nos. 3130301,3130504, and 3130312, from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, August 29, 2003, and Friday, September 5, 2003. The City Planning Commission submitted a written report advising that the petitioner proposes to market the subject properties for a distribution center, which under LM permitted uses, would be an "establishment engaged in the wholesale distribution of goods; because of limited vehicular access to the site from Hollins Road and surrounding single-family residential uses, staff advised the petitioner that some of the LM uses permitted by right and by special exception in the zoning ordinance would be inappropriate on the subject properties; the First Amended Petition limits the uses on the subject properties to 14 of the 27 LM permitted uses; and uses of the subject properties, as limited by proffer, narrow the parameters in such a manner that the adjacent and surrounding residential neighborhoods are not compromised by impact of the land use and associated vehicular traffic. It was further advised that the petitioner's request appropriately applies a light manufacturing designation, with conditions, to the subject properties; and the down- zoning request represents an opportunity for reuse and revitalization of an old manufacturing property that has not been successful as a heavy manufacturing site. The City Planning Commission recommended that Council approve the request. Mr. Dow offered the following ordinance: (#36488-091503) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 313, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. (For full text of Ordinance, see Ordinance Book No. 68.) Mr. Dowe moved the adoption of Ordinance No. 36488-091503. The motion was seconded by Mr. Harris. The Mayor inquired if there were persons present who would like to be heard in connection with the matter. There being none, he declared the public hearing closed. There being no discussion or questions by Council Members, Ordinance No. 36488-091503 was adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch and Mayor Smith ............................................................................................................ -6. NAYS: None ...................................................................................... -0. (Council Member Cutler was absent.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, September 15, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of L & M Properties, L.L.C., to rezone three tracts of land located on 2820 Ridgefield Street, N. E., consisting of 0.1055 acre, more or less, identified as Official Tax No. 3130330, from HM, Heavy Manufacturing District, to RM-1, Residential Multifamily, Low Density District, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, August 29, 2003, and Friday, September 5, 2003. The City Planning Commission submitted a written report advising that the subject property is bounded on the north and west (to the side and rear of the subject lot) by a site currently zoned HM, Heavy Manufacturing District, and formerly utilized by Halmode Apparel; the site is the subject of the current petition to rezone from HM, Heavy Manufacturing District, to LM, Light Manufacturing District; all properties directly to the south of the subject property fronting on Ridgefield Road are zoned RM-1, Residential Multifamily, Low Density District, and are developed residentially; and properties directly to the east on the opposite side of Ridgefield Road are also zoned RM-1 and developed as single-family dwellings. It was further advised that the subject property is currently located within the fence enclosing the site of the former Halmode Apparel distribution center and is a separate tract of land from the Halmode site; rezoning of the subject property to RM-1 would make the residential structure conforming and allow for its improvement and viable utilization as a residential structure, the purpose for which it was originally constructed; and the requested RM-1 zoning designation and single-family residential use would be consistent with the balance of the block in which the subject property is located. The City Planning Commission recommended that the request for rezoning be approved, given the potential for retaining and utilizing a viable residential structure adjacent to other residential properties. Mr. Dowe offered the following ordinance: (#36489-091503) AN ORDINANCE to amend §36.1.3, Code of the City of Roanoke (1979), as amended, and Sheet No. 313, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City; and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 68.) Mr. Dowe moved the adoption Ordinance No. 36485-091503. The motion was seconded by Mr. Harris. The Mayor inquired if there were persons present who would like to be heard in connection with the matter. There being none, he declared the public hearing closed. There being no discussion or questions by Council, Ordinance No. 36489. 091503 was adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch and Mayor Smith .............................................................................................................. 6. NAYS: None .......................................................................................... -0. (Council Member Cutler was absent.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, September 15, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of GCSWVA Co., L.L.C., to rezone a tract of land located at the corner of Duke of Glouchester Street, S. W. (private), and Duke of Glouchester Street, S. W. (public), containing 1.3 acre, more of less, identified as a portion of Official Tax No. 5500114, from RM-2, Residential Multifamily, Medium Density District, to C-1, Office District, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, August 29, 2003, and Friday, September 5, 2003. The City Planning Commission submitted a written report advising that the rezoning request is for 1.3 acres of vacant land on the southern portion of Official Tax No. 5500114, with said parcel of land to be subdivided at a later date in accordance with the metes and bounds description of the petition to rezone; and the petitioner proposes to construct a medical clinic on the subject property. It was further advised that because of the transitional nature of the property being situated between commercial development along Duke of Glouchester Street and multifamily development, the proposed change in use is a reasonable development strategy which is consistent with the City's Comprehensive Plan. The proffered general and professional offices, medical office, and medical clinic are compatible uses with the mixed-used character of the area. In addition to the proffered site plan's location of the building close to the street with parking to the side and rear, the entrance to the site and parking lot is located on Duke of Glouchester Street from adjoining residential uses. Although Official Tax No. 5500115, abutting the subject property on the southwest, is a vacant parcel zoned RM-2, Residential Multifamily, Medium Density district, residential development would be limited by topography and adjacent land uses including 1-581 and a shopping center. It was noted that two of the proffered uses, general and professional offices and medical offices, are permitted by right in the C-1, Office District; and the third proffered use, medical clinic, requires the approval of a special exception by the Board of Zoning Appeals. Given the transitional nature of the property and the current mixed land use pattern surrounding the subject property, the City Planning Commission recommended that Council approve the request for rezoning to C-1, Office District, with proffered conditions; because of concerns with regard to site development as related to tree canopy, the Planning Commission further recommended that during the comprehensive site plan development process that the petitioner maximize the planting of deciduous tree cover and that buffering using evergreens be limited to the parking lot next to Duke of Glouchester Street. Mr. Dowe offered the following ordinance: (#36490-091503) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 550, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. (For full text of Ordinance, see Ordinance Book No. 68.) Mr. Dowe moved the adoption of Ordinance No. 36490-091503. The motion was seconded by Mr. Harris. Richard Rife, Agent, GCSWVA Company, LLC, advised that Dr. Weiserbs and his six partners are gastroenterologists currently located in the City of Roanoke; and they seek to rezone the property to construct a new single story office in order to develop a private endoscopy center adjacent to the building, which will be a new endeavor in the City of Roanoke, since the closest endoscopy center in Virginia is located in the Richmond area. He further advised that his client has proffered to limit uses to general and professional offices, medical offices, or medical clinics; if Council approves the request for rezoning, the next step is to proceed to the Board of Zoning Appeals for a special exception for a medical clinic use in a C-1 District; and his client has proffered to develop the site in substantial conformance with the site plan, the proposed use is compatible with the neighborhood, the proposed use is compatible with the neighborhood, the proposed use will provide a good transitional use and provide a positive development for the site, the proposed use is consistent with and supports design principles of Vision 2001-2020, the building will be used as much as possible to screen parking from the two adjoining streets, the project utilizes an existing underdeveloped property in the City of Roanoke, rather than moving into a more suburban location contributing to urban sprawl, existing road and utility systems will be utilized, and Roanoke's economic development strategy as a regional medical center will be reinforced. He called attention to City Planning Commission discussion and a suggestion by Planning staff that some of the trees on the site be restored to such a level that at maturity they would equal 25 per cent of the area of the site; whereupon, he presented a written proffer, however, 37 he advised that he neglected to obtain the signature of Dr. Weiserbs and the City Attorney advises that since he is the Agent and not the owner of the building, the proffer is not legally binding. He stated that the proffer is submitted in good faith and asked that Council instruct the Agent for the City Planning Commission to submit the proffer to the Board of Zoning Appeals, at which time he would submit same on behalf of his client. In clarification, the City Attorney advised that both the City Code and the State Code require that all proffers be signed by the property owner, which represents a legally binding commitment, and a proffer cannot be enforced against an agent unless the agent has been authorized by resolution for the corporation to submit the proffer. He stated that the ordinance before the Council includes certain proffers in the amended petition filed on August 6, 2003, but does not include the proffer above referenced by Mr. Rife; however, Mr. Rife's suggestion that the Board of Zoning Appeals allow the proffer as a condition to approval of a special use permit, which would be enforceable, is satisfactory. In a discussion as to whether action on the matter could be deferred pending a signed proffer by the petitioner, Mr. Rife requested that Council act on the request for rezoning this evening inasmuch as sale of the property is contingent upon the rezoning and the subsequent Board of Zoning Appeals action, therefore, his client is anxious to move forward with the matter. The Mayor inquired if there were other persons present who would like to be heard in connection with the matter. There being none, he declared the public hearing closed. There being no further discussion by Council, Ordinance No. 36490-091503 was adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch and Mayor Smith .............................................................................................................. -6. NAYS: None ............................................................................................ 0. (Council Member Cutler was absent.) NEIGHBORHOOD ORGANIZATIONS-COMMUNITY PLANNING: The City Clerk having advertised a public hearing for Monday, September 15, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City Planning Commission with regard to a proposed amendment to Vision 2001-2020, the City's Comprehensive Plan, to include the Norwich neighborhood Plan, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, August 29, 2003, and Friday, September 5, 2003, and in The Roanoke Tribune on Thursday, September 4, 2003. The City Planning Commission submitted a written report advising that in the planning process, residents and staff identified the following issues facing the Norwich neighborhood: · Unique, but aging housing stock · Lack of curb and guttering and street trees · Previously self-supporting neighborhood that now lacks an identifiable core · Vacant land along the Roanoke River located in the floodway and flood plain · A popular park that could use some improvements (Norwich Park) In order to address the issues, it was further advised that the plan features the following priority recommendations: 1. Housing renovation and revitalization: Consider listing the core area of Norwich to the National Register of Historic Pla Physical improvement of neighborhood gateways and side streets: Develope a streetscape plan for Roanoke Avenue and Bridge Street with mo~ canopy trees to help with traffic calming. Encourage the establishment of a vibrant village center: Expand the current CN zoning around Russell and Bridge Streets at Roanoke Avenue to reinforce the center of the neighborhood. 4. Develop a recreational use plan for the HM zoned land along Roanoke River: Utilize the Roanoke River Flood Reduction Project to provide more access to the vacant land to use as a park greenway. Improve the existing neighborhood park (Norwich Park): Consider more parking along Roanoke Avenue for ball games, and a separate playground for small children. The City Planning Commission recommended that Council approve the Norwich Neighborhood Plan as a component of Vision 2001-2020. Mr. Dowe offered the following ordinance: (#36491-091503) AN ORDINANCE approving the Norwich Neighborhood Plan, and amending Vision 2001-2020, the City's Comprehensive Plan, to include the Norwich Neighborhood Plan; and dispensing with the second reading of this ordinance by title. (For full text of Ordinance, see Ordinance Book No. 68.) Mr. Dowe moved the adoption of Ordinance No. 36491-091503. The motion was seconded by Mr. Harris. The Mayor inquired if there were persons present who would like to speak in connection with the matter; whereupon, Ms. Betty Blankenship, 2316 Russell Avenue, S. W., spoke in support of the Norwich Neighborhood Plan. There being no further speaks, the Mayor declared the public hearing closed. The being no questions or comments by Council Members, Ordinance No. 36491-091503 was adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch and Mayor Smith .............................................................................................................. 6. NAYS: None ............................................................................................ -0. (Council Member Cutler was absent.) NEIGHBORHOOD ORGANIZATIONS-COMMUNITY PLANNING: The City Clerk 4O having advertised a public hearing for Monday, September 15, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City Planning Commission with regard to a proposed amendment to Vision 2001-2020, the City's Comprehensive Plan, to include the Wasena Neighborhood Plan, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, August 29, 2003, and Friday, September 5, 2003, and in The Roanoke Tribune on Thursday, September 4, 2003. The City Planning Commission submitted a written report advising that the following positive features of the Wasena neighborhood need to be maintained: · Home and infrastructure are in very good condition. · Healthy mix of owner and renter occupied homes, and range of housing options. Amenities, such as Wasena Park, Wiley Drive, proximity to downtown, and Iow crime rate. It was further advised that staff noted the following issues in the Wasena plan that need to be addressed: · A former industrial district along the River · The village center along Main Street · Wasena Bridge and its transition onto Main Street In order to address the above listed issues, the plan features the following recommendations: · Zoning Based on the Future Land Use Map · Maintain a zoning district similar to the current RM-1 in residential areas in the update of the zoning ordinance. · Expand the number of uses permissible in the current industrial area to allow for a mix of commercial and high-density opportunities. · Amend the zoning ordinance to ensure that new residential development is compatible with existing structures in terms of 4! setbacks and lot coverage, and to maximize the development potential of vacant properties and structures. Regulate the conversion of single-family homes to multifamily by requiring a special exception approval to ensure that compatibility with the existing neighborhood is maintained. Housing: Encourage a continuation of the neighborhood's current residential mix of single-family, duplex, and multi-family structures. Economic Development: · Market the Main Street village center with particular emphasis on: Small-scale buildings with two-three stories. Neighborhood commercial uses with minimal noise and lighting impacts. Shared parking arrangements, including public/private partnerships. · Target the former ice and cold storage building and industrial district for adaptive reuse. Considerations for development should include: Zoning that allows for flexibility in permitting a vibrant mix of commercial and residential uses, particularly live/work space. High-tech or other industrial uses that have a minimal environmental and neighborhood impact. Possibilities for public/private partnerships. Infrastructure: Implement traffic-calming measures and gateway improvements on both ends of Main Street and Wasena Bridge. The City Planning Commission recommended that Council approve the Wasena Neighborhood Plan for adoption as a component of Vision 2001.2020. Mr. Dowe offered the following ordinance: (#36492-091503) AN ORDINANCE approving the Wasena Neighborhood Plan, and amending Vision 2001 - 2020, the City's Comprehensive Plan, to include the Wasena Neighborhood Plan; and dispensing with the second reading of this ordinance by title. (For full text of Ordinance, see Ordinance Book No. 68.) Mr. Dowe moved the adoption of Ordinance No. 36492-091503. The motion was seconded by Mr. Harris. The Mayor inquired if there were persons present who would like to be heard in connection with the matter. There being none, he declared the public hearing closed. There being no discussion or questions by Council Members, Ordinance No. 36492-091503 was adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch and Mayor Smith ............................................................................................................ -6. NAYS: None ........................................................................................... -0. (Council Member Cutler was absent.) NEIGHBORHOOD ORGANIZATIONS-COMMUNITY PLANNING: The City Clerk having advertised a public hearing for Monday, September 15, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City Planning Commission with regard to a proposed amendment to Vision 2001-2020, the City's Comprehensive Plan, to include the Morningside/Kenwood and Riverdale Neighborhood Plan, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, August 29, 2003, and Friday, September 5, 2003, and in The Roanoke Tribune on Thursday, September 4, 2003. The City Planning Commission submitted a written report advising that residents and staff identified the following major issues facing the Morningside/Kenwood/Riverdale neighborhood: · A lack of new homeowners in the area. · Maintenance and upkeep of an aging housing stock. · Recurring zoning code violations such as outdoor storage and inoperable vehicles. · Ineffective street design along major corridors. · Lack of restaurants and other commercial amenities in village centers. To address the issues, the Neighborhood Plan features the following priority recommendations: Housing: Develop materials and create liaisons with theappropriate groups--i.e, realtor associations, chamber of commerce, etc.--to market the neighborhoods' strengths, especially the abundance of larger, affordable homes, convenient locations, and a pedestrian- oriented neighborhood design. Zoning: Lower zoning density from multifamily to single-and two-family in selected areas (between village centers), leaving higher density zoning in and around village centers. In addition, zoning in village centers should encourage a mix of uses and building sales that are appropriate in a neighborhood setting. Zoning codes should promote the development of well-designed commercial structures that encourage pedestrian activity. Infrastructure: Implement streetscape improvements such as planting species- appropriate street trees, installing and enhancing sidewalks and curbs, and adding parking lanes. Priority streets are: · Dale Avenue · Riverland Road/Bennington Street/13th Street · 9th Street Economic Development: · Apply for the reinstatement of State Enterprise Zone One in 2004. Code Enforcement: · Enforce housing maintenance codes and use public nuisance abatement ordinances--including the Rental Inspection Program--to 44 compel compliance. Encourage citizen participation in the identification of code violations. The above described priority recommendations address the most prominent issues in the neighborhood, but are not comprehensive; the plan contains a number of other action items; Vision 2001-2020, the City's Comprehensive Plan, provided the framework for the plan; and policies and actions of the plan are consistent with Vision 2001-2020. The City Planning Commission recommended that Council approve the Morningside/Kenwood/Riverdale Neighborhood Plan for adoption as a component of Vision 2001-2020. Mr. Dowe offered the following ordinance: (#36493-091503) AN ORDINANCE approving the Morningside/Kenwood and Riverdale Neighborhood Plan, and amending Vision 2001-2020, the City's Comprehensive Plan, to include the Morningside/Kenwood/Riverdale Neighborhood Plan; and dispensing with the second reading of this ordinance by title. (For full text of Ordinance, see Ordinance Book No. 68.) Mr. Dowe moved the adoption of Ordinance No. 36493-091503. The motion was seconded by Mr. Fitzpatrick. The Mayor inquired if there were persons present who would like to be heard in connection with the matter. There being none, he declared the public hearing closed. There being no discussion or questions by Council Members, Ordinance No. 36493-091503 was adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch and Mayor Smith ...................................... NAYS: None ....................................... (Council Member Cutler was absent.) ENTERPRISE ZONE: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, September 15, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, on an application of the City of Roanoke to the Department of Housing and Community Development, pursuant to provisions of the Virginia Enterprise Zone Act, Sections 59.1-170, et. seq., Code of Virginia, (1950), as amended, to seek designation as an Enterprise Zone of property located within the City of Roanoke described as follows, to replace the City's current Enterprise Zone One which expires on December 31,2003, the matter was before the body. Enterprise Zone One A shall consist of portions of downtown; the industrially and commercially zoned areas west of downtown; the industrial corridor along Shenandoah Avenue north of the Norfolk Southern Rail Lines, continuing along Shenandoah Avenue until Peters Creek Road, and continuing along the NS lines until Peters Creek Road; industrially zoned properties to the south of Salem Turnpike, contiguous with the Shenandoah Avenue corridor; industrially zoned properties in and around the Norwich Neighborhood; some industrially zoned properties north of the Norwich Neighborhood north of the Roanoke River; the industrially and commercially zoned properties in and around the Wasena Neighborhood, specifically along the Main Street Village Center and along Eighth Street; the Roanoke Industrial Center off of Ninth Street; the commercially zoned properties comprised of the Southeast By Design project area; industrially and commercially zoned properties in the Southeast Quadrant of the City immediately south of the Norfolk Southern Rail Lines; industrially and commercially zoned properties in the Gainsboro Neighborhood; the 11th Street Commercial Village Center; commercially zoned properties to the north and south of Orange Avenue from 11th Street to 24th Street; commercially zoned properties north of Melrose Avenue between 11th Street and 24th Street; larger commercially zoned properties on Melrose Avenue between 31st Street and Adams Street; commercially zoned properties along Williamson Road north of Rutherford Avenue and south of Hershberger Road; and the industrially and commercially zoned properties to the north and south of Orange Avenue east of Williamson and west of Tinker Creek. Legal advertisement of the public hearing was published in The Roanoke Times on August 31, 2003 and September 7, 2003. The City Manager submitted a communication advising that on January 1, 1984, the Commonwealth of Virginia designated Enterprise Zone One, then known as the City of Roanoke's Urban Enterprise Zone; the designation for Enterprise Zone One is scheduled to expire on December 31, 2003, precipitating the submission of a new application requesting a new designation; the Virginia Enterprise Zone Act of 1982, as amended, authorizes the Governor to designate up to five additional areas within the Commonwealth as Enterprise Zones as of January 1, 2004; and such designation would make qualified business firms which locate or expand with in such a zone eligible for significant benefits, including credits on State taxes and local incentives. It was further advised that in accordance with the Department of Housing and Community Development's Virginia Enterprise Zone Program regulations, the local governing body must hold at least one public hearing affording citizens or interested parties an opportunity to be heard on such matters before submitting an application to the Department of Housing and Community Development for consideration; such public hearing will be held at the Council's meeting on September 15, 2003, at 7:00 p.m.; the application will seek designation as an Enterprise Zone of property located within the City of Roanoke as above described and as shown on a map of Enterprise Zone One A; copy of the draft application is attached to the City Manager's communication which lists local incentives on pages 38 - 45; and Council is requested to endorse such local incentives and to indicate the Council's intent to adopt the incentives if the Enterprise Zone designation is granted to the City. The City Manager recommended that she be authorized to apply, on behalf of the City of Roanoke, to the Virginia Department of Housing and Community Development, to have that area of the City shown on the Enterprise Zone One A Map and as described on Attachment 3 to the communication as an Enterprise Zone, pursuant to provisions of the Virginia Enterprise Zone Act, as amended. She further recommended authorization to submit all necessary information to make application for such Enterprise Zone designation; to meet other program administrative and reporting requirements; and to take such actions and to execute such additional documents as may be necessary to obtain such Enterprise Zone designation; that the City Manager be further authorized to meet and to comply with Enterprise Zone requirements regarding identifying and selling all surplus public land, as defined in the Enterprise Zone regulations, throughout the life of the Enterprise Zone; and that Council endorse the application, by resolution, and express the City's intent to adopt local incentives set forth in the application and certify that a public hearing was held as required by Enterprise Zone Program Regulations. Mr. Fitzpatrick offered the following resolution: (#36494-091503) A RESOLUTION authorizing the City Manager to apply to the Virginia Department of Housing and Community Development to have a certain area of the City designated as an Enterprise Zone that will replace the City's Enterprise Zone One, which expires on December 31, 2003. (For full text of resolution, see Resolution Book No. 68.) Mr. Fitzpatrick moved the adoption of Resolution No. 36494-091503. The motion was seconded by Mr. Harris. The Mayor inquired if there were persons present who would like to speak in connection with the public hearing. There being none, he declared the public hearing closed. There being no questions or comments by Council, Resolution No. 36494-091503 was adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch and Mayor Smith ......................................................................................................... --6. NAYS: None ....................................................................................... -0. (Council Member Cutler was absent.) ZONING-COMMUNITY PLANNING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, September 15, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the proposed amendment of subsections (a) and (c), Section 36.1-345, District regulations: certificate of aDDrooriatenes$. Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, to address installation or replacement of siding, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, August 29, 2003, and Friday, September 5, 2003. The City Planning Commission submitted a written report advising that the H-2, Neighborhood Preservation District, covers a large portion of the Southwest Historic District, which is listed on the Virginia Landmarks Register and the National Register of Historic Places; the intent is to ensure the preservation of buildings which, either aggregate or individually, are of special community significance; and a specific purpose of the H-2 district is to "encourage preservation, protection, and enhancement of streetscapes, structures and areas of architectural, historic or cultural importance." It was explained that Subsections 36.1-345 (a) & (c) of the I-!-2 regulations are proposed to be amended so that residents of the Southwest Historic District can better preserve, protect, and enhance streetscapes and structures; a great concern facing the district is the inappropriate installation or replacement of siding; and an effective way to further the intent of the H-2 preservation district is to require an applicant to apply for a Certificate of Appropriateness from the Architectural Review Board (ARB) for installation or replacement of siding. It was further advised that in general, Section 36.1-345(a) provides that installation or replacement of any exterior structure in the H-2, Neighborhood Preservation District, requires a Certificate of Appropriateness; a structure is defined as anything which is constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground, such as a wall, building, fence sign; however, the ordinance contains provisions which exempt certain activities from the general requirement of obtaining a Certificate of Appropriateness; and Section 36.1-345(b) provides that activities of ordinary maintenance such as painting and minor repairs that are of a frequent or maintenance related nature, do not require a Certificate of Appropriateness, provided that installation and replacement are performed using materials which are of the same design as those architectural features of the structure. It was explained that under the current ordinance, an applicant is not required to obtain a Certificate of Appropriateness for installation or replacement of siding, as long as the applicant is using materials which are of the same design as the siding existing on the building and which maintain the architectural defining features of the building; because of the significance that installation or replacement of siding can have on the appearance of a neighborhood and the architectural integrity of the neighborhood's historic character, the Architectural Review Board requests that an applicant be required to obtain a Certificate of Appropriateness from the Board for such work, along the same lines as an applicant who wishes to make most other exterior changes to a property. It was noted that the H-2, Neighborhood Preservation District, is intended to ensure the preservation of buildings which, either aggregate or individual, are of special community significance; requiring an applicant to obtain a Certificate of Appropriateness for installation or replacement of siding allows staff and the Architectural Review Board an opportunity to review proposed applications to ensure that installation does not have an adverse impact on the architectural integrity of the structure and the neighborhood. The City Planning Commission recommended that Council approve the proposed amendment, which furthers the intent of the Zoning Ordinance and the H-2 District to protect the Southwest Historic District and to maintain the architectural integrity of structures in the neighborhood. Mr. Dowe offered the following ordinance: (#36495-091503) AN ORDINANCE amending and reordaining §36.1-345, District regulations: certificate of aDoro=riatenes.% of Subdivision D, H-2, Neiqhborhood Preservation District, of Division 5, Special District Regulations, of Article III, District Requlations, of Chapter 36.1, Zoning of the Code of the City of Roanoke (1979), as amended, by amending subsections (a) and (c) to address the installation or replacement of siding; and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 68.) Mr. Dowe moved the adoption of Ordinance No. 36495-091503. The motion was seconded by Mr. Fitzpatrick. The Mayor inquired if there were persons present who would like to be heard in connection with the matter; whereupon, Mr. Jim Haynes, 645 Day Avenue, S. W., and Ms. Sarah Muse, 617 6th Street, S. W., appeared before Council in support of the proposed amendment. There being no further speakers, the Mayor declared the public hearing closed. There being no discussion or questions by Council Members, Ordinance No. 36495-091503 was adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch and Mayor Smith ............................................................................................................. 6. NAYS:None ......................................................................................... --O. (Council Member Cutler was absent.) BONDS/BOND ISSUES-BUDGET-CAPITAL IMPROVEMENTS PROGRAM-WATER RESOURCES: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, and pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, September 15, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the proposed adoption of a resolution authorizing the City to contract a debt and to issue sewer revenue bonds of the City, in a principal amount not to exceed $25,000,000.00, to finance the costs of capital 5O improvements to the Roanoke Regional Water Pollution Control Plant, pursuant to Section 15.2-2606.A, Code of Virginia (1950), as amended, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Tuesday, September 2, 2003, and Tuesday, September 9, 2003. The City Manager and the Director of Finance submitted a joint communication advising that the design phase for Contract A of the 2003 Wet Weather Improvements at the Roanoke Regional Water Pollution Control Plant has been completed for Contract A; bids for Contract A were received from four qualified contractors on August 21, 2003; and this is the first of a series of three separate projects which will complete the planned improvements to the Water Pollution Control Plant facilities, with Contracts B and C expected to bid in early 2004. It was further advised that the Departments of Finance and Utilities have evaluated both the issuance by the City of tax exempt general obligation or revenue bonds at competitive sale and issuance by the City of sewer revenue bonds to evidence a loan from the Virginia Water Facilities Revolving Fund administered by the Virginia Resources Authority for funding of the above stated projects; the Virginia Resources Authority has approved a 20 year loan, in a principal amount of $17,511,501.00, at an interest rate not to exceed 3.75 per cent; the Virginia Resources Authority has provided a verbal commitment to increase the loan amount, not to exceed $23,300,000.00, prior to loan closing; interest rate is below current municipal bond rates; and issuance of revenue bonds through the Virginia Resources Authority is advantageous in consideration of future plans for a Water and Waste Water Authority to be established between the City of Roanoke and Roanoke County, which funding level is expected to be adequate for the City's share of the contracts for all three projects (A, B & C). The City Manager and the Director of Finance recommended that Council take the following actions: Adopt a resolution authorizing issuance of sewer revenue bonds of the City to the Virginia Resources Authority as administrator of the Virginia Water Facilities Revolving Fund. Authorize the City Manager and the Director of Finance to take the necessary steps to close on the bond issuance. Appropriate bond proceeds in an account(s) to be created by the Director of Finance in the Water Pollution Control Fund to provide for construction of Contract A, B and C. Establish accounts receivable from partner jurisdictions according to the cost allocation formula set forth in the 2003 Wastewater Agreement and appropriate funds to be received ($24,300,000.00), to the same project account. Mr. Fitzpatrick offered the following resolution: (#36496-091503) A RESOLUTION authorizing the issuance of not to exceed twenty-five million dollars ($25,000,000) principal amount of revenue obligations of the City of Roanoke, Virginia, in the form of sewer revenue bonds of the City of Roanoke, Virginia, for the purpose of providing funds to pay the cost of capital improvements to the sewer system of the City, a revenue producing undertaking of the City, such capital improvements constituting wastewater treatment facilities within the meaning of Title 62.1, Chapter 22, Section 62.1-224, of the Code of Virginia, 1950; fixing the form, denomination and certain other details of such bonds; providing for the issuance of such bonds to the Virginia Resources Authority ("VRA"), as administrator of the Virginia Water Facilities Revolving Fund, to evidence the borrowing to be made by such City from VRA pursuant to a financing agreement by and between VRA and such City; approving the form and the terms, conditions and provisions of such financing agreement and authorizing and directing the execution and delivery thereof; and appointing the Director of Finance as Registrar and Paying Agent for such bonds. (For full text of Resolution, see Resolution Book No. 68.) Mr. Fitzpatrick moved the adoption of Resolution No. 36496-091503. The motion was seconded by Mr. Harris. The Mayor inquired if there were persons present who would like to speak in connection with the public hearing. There being none, he declared the public hearing closed. There being no discussion or questions by Council Members, Resolution No. 36496-091503 was adopted by the following vote: AYES: Council Members Dowe, Bestpitch, Fitzpatrick, Harris, Wyatt, and Mayor Smith ............................................................................................. -6. NAYS: None .......................................................................................... -0. (Council Member Cutler was absent.) Mr. Fitzpatrick offered the following ordinance: (#36497-091503) AN ORDINANCE to amend and reordain certain sections of the 2003-2004 Water Pollution Control Fund Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 68.) Mr. Dowe moved the adoption of Ordinance No. 36497-091503. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Dowe, Bestpitch, Fitzpatrick, Harris, Wyatt, and Mayor Smith ............................................................................................................ -6. NAYS: None ......................................................................................... -0. (Council Member Cutler was absent.) BUDGET-CMERP: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, September 15, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to proposed adjustment to the City of Roanoke Fiscal Year 2003-04 Budget, in connection with appropriation of funds for the Capital Maintenance and Equipment Replacement Program (CMERP), the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, September 5, 2003. The City Manager submitted a communication advising that Section 2-189 of the City Code established a reserve from the year-end General Fund balance for the funding of capital improvements and capital maintenance and equipment replacement; the amount reserved from the undesignated fund balance is calculated as ten per cent of total General Fund appropriations, less any sums paid for General Fund debt service during the fiscal year; and CMERP funding available for appropriation totals $2,480,773.00. It was further advised that additional funding from the Commonwealth of Virginia for highway and street maintenance will increase $229,076.00 above the estimate established with adoption of the fiscal year 2003.04 General Fund budget; funding in the amount of $93,804.00 in Capital Improvement Reserve funding for street related projects is designated for the Campbell Avenue Two-Way Traffic project and needs to be appropriated; and the total of all funding resources available for appropriation is $2,803,653.00. It was explained that a list of CMERP funding recommendations address the following categories: · Contributions/Commitments $ 466,170.00 · Capital Projects 921,728.00 · Fixed Asset Maintenance 391,589.00 · Operational Equipment 180,398.00 · Other 618,768.00 · Vehicular Replacement 225,000.00 Total $2,803,653.00 It was further explained that department CMERP funding requests totaled approximately $4.9 million in non-technology and non-vehicular related items/initiatives; requests for technology-related items/initiatives totaled an additional $3.0 million; technology requests are reviewed and prioritized by the Information Technology Committee and a separate report will recommend appropriation of funds for technology needs; and all vehicular requests are reviewed by the Fleet Management Division Manager and evaluated based upon an approved set of replacement criteria. The City Manager recommended that Council take the following action: Authorize the Director of Finance to increase the revenue estimate for highway maintenance in the amount of $229,076.00. Transfer funding in the amount of $93,804.00 from Capital Improvement Reserve. VDOT Match to accounts as more fully described in an attachment to the communication. Mr. Dowe offered the following ordinance: (#36498-091503) AN ORDINANCE to amend and reordain certain sections of the 2003-2004 General, Water, Water Pollution Control, Civic Facilities, Capital Projects and Fleet Management Funds Appropriations, and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 68.) Mr. Dowe moved the adoption of Ordinance No. 36498-091503. The motion was seconded by Mr. Fitzpatrick. The Mayor inquired if there were persons present who would like to be heard in connection with the matter; whereupon, Mr. Robert Gravely, 3360 Hershberger Road, N. W., suggested that City employees be allowed to have input into the types of equipment purchased by the City, in order to deliver services to Roanoke's citizens. He called attention to trees within the City that need to be pruned and are in danger of damaging property, and the need to repair the City's outdated infrastructure. He stated that taxpayers' money is being spent on unnecessary projects and programs, while the City's workforce is not paid adequately for the work they do. He added that youth are leaving the Roanoke Valley because of the poor job market. There being no further speakers, the Mayor declared the public hearing closed. There being no discussion or questions by Council Members, Ordinance No. 36498-091503 was adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch and Mayor Smith ............................................................................................................. -6. NAYS: None ..................................................................................... --0. (Council Member Cutler was absent.) PARKS AND RECREATION-CITY PROPERTY-LEASES: Pursuant to instructions by the Council, City Clerk having advertised a public hearing for Monday, September 15, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to a proposed lease of a portion of City-owned property located at the Parks and Recreation Department, 210 Reserve Avenue, S. W., to Climbing Performance Institute, Inc., to operate the Rocwood Indoor Adventure Center, for an initial one-year term, with an option to extend for an additional four years, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, September 5, 2003. The City Manager submitted a communication advising that the Rocwood Indoor Adventure Center, located within the Parks and Recreation Administrative Building, 21 Reserve Avenue, S. W., is a multi-faceted climbing facility serving residents of Roanoke and guests; the facility, which opened in March 1993, offers 4,000 square feet of recreation space, including various climbing walls, a climbing tower, a climbing cave, a rappelling station, an equipment storeroom and a staff/reception area; and the Rocwood facility provided an excellent recreation opportunity for youth and families of Roanoke, but unfortunately, the expense of operating Rocwood exceeded revenues and the facility was closed in July, 2002. It was further advised on September 16, 2002, Council adopted Resolution No. 36065-091602, approving the "competitive negotiation" process to obtain a proposal from a minimum of two service providers to manage the Rocwood Indoor Adventure Center; Climbing Performance Institute, Inc., from Fayetteville, North Carolina, submitted the most qualified proposal for operation and management of the facility; and Climbing Performance Institute will have the resources to increase operational hours and programs, while providing a more effective and efficient means of operating the Rocwood Indoor Adventure Center for Roanoke's citizens. Following the public hearing, the City Manager recommended that she be authorized to execute an initial Lease and Agreement with Climbing Performance Institute, Inc., for operation and maintenance of the Rocwood Indoor Adventure Center for one year, with an option to renew for an additional four years, in a form to be approved by the City Attorney. Mr. Dowe offered the following ordinance: (#36499-091503) AN ORDINANCE authorizing the City Manager to enter into a lease and maintenance agreement with Climbing Performance Institute, Inc., for the lease, operation and maintenance of the Rocwood Indoor Adventure Center, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 68.) Mr. Dowe moved the adoption of Ordinance No. 36499-091503. The motion was seconded by Mr. Harris. The Mayor inquired if there were persons present who would like to be heard in connection with the matter. There being none, he declared the public hearing closed. There being no discussion or questions by Council Member, Ordinance No. 36499-091503 was adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch and Mayor Smith ............................................................................................................. 6. NAYS: None ........................................................................................... -0. (Council Member Cutler was absent.) AMERICAN ELECTRIC POWER-SCHOOLS-EASEMENTS: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, September 15, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the proposed conveyance of a 15-foot easement to extend an existing overhead power line located at Patrick Henry High School, 2102 Grandin Road, S. W., to Appalachian Power Company, d/b/a American Electric Power, to provide electric service to a mobile classroom, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, September 5, 2003. The City Manager submitted a communication advising that Appalachian Power Company has requested a 15 foot wide easement to extend an existing power line on the Patrick Henry High School site, in order to provide underground electric service to a mobile classroom; whereupon, the City Manager recommended, following the public hearing, that she be authorized to execute the appropriate documents granting an easement to Appalachian Power Company, said documents to be approved as to form by the City Attorney. Mr. Fitzpatrick offered the following ordinance: (#36500.091503) AN ORDINANCE authorizing the donation and conveyance of a 15 foot overhead easement to extend an existing overhead power line, across City- owned property located at 2102 Grandin Road, S. W., to Appalachian Power Company, to provide electric service to a mobile classroom at Patrick Henry High School, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 68.) Mr. Fitzpatrick moved the adoption of Ordinance No. 36500-091503. The motion was seconded by Mr. Dowe. 57 The Mayor inquired if there were persons present who would like to be heard in connection with the matter. There being none, he declared the public hearing closed. There being no discussion or questions by Council Members, Ordinance No. 36500-091503 was adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch and Mayor Smith ............................................................................................................ -6. NAYS:None .......................................................................................... -0. (Council Member Cutler was absent.) APPALACHIAN POWER COMPANY-AMERICAN ELECTRIC POWER-SCHOOLS: Pursuant to instructions by the Council, the City Clerk having advertised a public hearing for Monday, September 15, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to the proposed conveyance of a 15-foot overhead and underground easement, with a 40 square foot area, to accommodate a new pole across City owned property on Barns Avenue, N. W., identified as Official Tax No. 6610101, to Appalachian Power Company, d/b/a American Electric Power, to provide underground electric service for the new Roanoke City School Transportation Facility, the matter was before the body. Legal advertisement of the oubiic hearing was published in The Roanoke Times on Friday, September 5, 2003. The City Manager submitted a communication advising that Appalachian Power Company has requested a 15 foot wide easement across City-owned property located on Barns Avenue, N. W., to provide underground electric service to the City's new Transportation Center, together with an area of approximately 1,600 square feet to accommodate a new pole; whereupon, the City Manager recommended, following the public hearing, that she be authorized to execute the appropriate documents, to be approved as to form by the City Attorney. Mr. Bestpitch offered the following ordinance: (#36501-091503) AN ORDINANCE authorizing the donation and conveyance of $$ a 15 foot overhead and underground easement, across City-owned property located on Barns Avenue, identified as Official Tax No. 6610101, together with an approximate 1,600 square foot easement to accommodate a new pole, to Appalachian Power Company for the purpose of providing underground electric service to the School Board of the City of Roanoke's School Transportation Facility, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 68.) Mr. Bestpitch moved the adoption of Ordinance No. 36501-091503. The motion was seconded by Mr. Harris. The Mayor inquired if there were persons present who would like to be heard in connection with the matter. There being none, he declared the public hearing closed. There being no discussion or questions by Council Members, Ordinance No. 36501- 091503 was adopted by the following vote: AYES: Council Members Dowe, Fitzpatrick, Harris, Wyatt, Bestpitch and Mayor Smith .................................... NAYS: None ..................................... _ mmm.mm.mm mmm. mmm mmm mmmmmmmm.mmmm.mm.mmmmm.mm.mmi~.mmmmmm~m~m (Council Member Cutler was absent.) OTHER BUSINESS: NONE HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that Council sets this time as a priority for citizens to be heard; and matters requiring referral to the City Manager will be referred immediately for response, recommendation or report to Council. POLICE DEPARTMENT-PAy PLAN-CITY JAIL-CITY EMPLOYEES: Mrs. Zoe Hewitt-Stinnette, 2531 Peters Creek Road, N. W., spoke in support of a higher pay scale for public safety employees. COMPLAINTS-ARMORY/STADIUM: Mr. John Kepley, 2902 Morrison Avenue S. E., continued his remarks from the 2:00 p.m. Council session. He advised that the four Members of Council who voted for the proposed new stadium/amphitheater have been unjust and inconsiderate in their vote to tear down Victory Stadium, they have violated the rights of the citizens of Roanoke and caused much grief and anguish. He stated that the right and honorable solution is to allow the citizens of Roanoke City to vote on the issue because if the citizens are not allowed to vote, there will continue to be anger and discontent among the great majority of Roanoke's citizens; and there should be a better working relationship between City Council, the City Manager and the citizens of Roanoke, in order to bring about progress in the right way. In conclusion, he expressed appreciation to the three Council Members who are native Roanokers, Mayor Smith, Council Member Fitzpatrick and Vice-Mayor Harris, who want to keep Victory Stadium, and for their vote to publicly reopen the Victory Stadium issue for discussion. He referred to another beloved historical landmark which was about to be destroyed, Jefferson High School; however, the late Judge Beverly T. Fitzpatrick, Sr., almost single handedly saved Jefferson High School from being town down and the citizens of Roanoke are now in his debt and they are proud of the restored Jefferson Center. Therefore, he suggested that Council Member Fitzpatrick, son of the late Judge Fitzpatrick, step forward and follow in the footsteps of his father in regard to Victory Stadium. PAY PLAN-COMPLAINTS-CITY EMPLOYEES: Mr. Robert Gravely, 3360 Hershberger Road, N. W., expressed concern with regard to the City's aging infrastructure, the need for more jobs for Roanokers, and the provision of adequate wages for City employees. The being no further business, at 8:10 p.m., the Mayor declared the meeting adjourned. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com November 3, 2003 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Request of Plantation Pipeline Company for Easement on City Property - Tax Map #4321020 Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public hearing on the proposed conveyance of property rights. This is to request that a public hearing be advertised on the above matter for Council's regular meeting to be held on Monday, November 17, 2003. A full report will be included in the November 17, 2003, agenda material for your consideration. bmitted, DarleneL. Bu~ am~/''~ City Manager DLB/SEF C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sarah E. Fitton, Engineering Coordinator CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk November 4, 2003 File #110-192 Ms. Karri R. Brewer, Secretary Roanoke Civic Center Commission Roanoke, Virginia Dear Ms. Brewer: This is to advise you that Thomas G. Powers, Jr. and Calvin H. Johnson have qualified as members of the Roanoke Civic Center Commission, for terms ending September 30, 2006. Sincerely, City Clerk MFP:ew Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Calvin H. Johnson, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Civic Center Commission for a term ending September 30, 2006, according to the best of my ability. Subscribed and sworn to before me this ~' day of Oe'7~/~'~_ 2003. ARTHUR B. CRUSH, III, CLERK ,DEPUTYCLERK Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Thomas G. Powers, Jr., do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Civic Center Commission for a term ending September 30, 2006, according to the best of my ability. Subscribed and sworn to before me this i~'~ay of (_.~(-~ ' 2003. ARTHUR B. CRUSH, III, CLERK BY ~ ,DEPUTYCLERK CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk November 4, 2003 File #110-323 Patricia G. Saunders, Secretary The Hotel Roanoke Conference Center Commission Roanoke, Virginia Dear Ms. Saunders; This is to advise you that Minnis E. Ridenour has qualified as a Commissioner of The Hotel Roanoke Conference Center Commission, for a term ending June 30, 2005. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Minnis E. Ridenour, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a Commissioner of the Hotel Roanoke Conference Center Commission for a term ending June 30, 2005, according to the best of my ability. I swear or affirm. /. /~ ~'~ _ Subscribed and sworn to before me this / ~' day of ~?~003. ARTHUR B. CRUSH, III, CLERK , H:\HRCCC\Oath-Minnis.wpd CITy.. OF ROANOKE Off~ce of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartrnan Assistant City Clerk November 4, 2003 File #67 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, November 3, 2003, John Elliot"[, President, Virginia Association of the Blind, Shenandoah Division, advised that the City of Roanoke appropriates $9,800.00 per year for the Roanoke County Therapeutic Program, $6,600.00 of which is designated for the Visually Impaired Program. He advised that there appears to be an inequity in funding inasmuch as 40 per cent of program participants reside in the City of Roanoke. The matter was referred to the City Manager for report to Council. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew pc: John EIliott, President, Virginia Association of the Blind, Shenandoah Dividison, 6024 Williamson Road, N. W., Roanoke, Virginia 24012 Steven C. Buschor, Director, Parks and Recreation 10/28/03 'r~ 13:3o FAX 540 345 6~88 KINK0$ TO~/ER$ ~001 Item CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk November 4, 2003 File #207 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36535-110303 amending and reordaining certain sections of the 2003-2004 Capital Projects Fund Appropriations, to provide funds in connection with Industrial Access Road Funds for Blue Hills Drive extension. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 3, 2003, and is in full rome and effect upon its passage. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Jesse A. Hall November 4, 2003 Page 2 pc: Darlene L. Burcham, City Manager Beth Neu, Director, Economic Development Sarah E. Fitton, Engineering Coordinator Sherman M. Stovall, Acting Director, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of November, 2003. No. 36535-110303. AN ORDINANCE to establish a revenue estimate and appropriate funding for the Blue Hills Drive Extension, amending and reordaining certain sections of the 2003-2004 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2003-2004 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from State Grant Funds Revenues Blue Hills Drive Extension 008-052-9632-9007 008-052-9632-1373 $ 450,000 450,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk. CITY OF ROANOKE OFFICE OF THE C1TY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com November 3, 2003 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Industrial Access Road Funds Blue Hills Drive Extension Blue Hills Drive, providing access for the industries located in the Roanoke Centre for Industry and Technology (RCIT), has been extended as needed to serve the various parcels as they have been developed. An extension to Blue Hills Drive needs to be completed to allow industrial access to the remaining parcels in RCIT. Council previously adopted Resolution No. 36296-050503, requesting that the Commonwealth Transportation Board provide financing up to $450,000, on a matching basis, from the Industrial, Airport and Rail Access Fund for the final extension of Blue Hills Drive. Such Resolution also authorized the City Manager to execute documentation necessary to accept such funds. The City's request was approved by the Board on September 17, 2003. Such approval is of a bonded nature, which means the City would be required to pay back any funds it receives if the required development does not occur at RCIT. An account needs to be established to accept any funds the City may receive. Recommended Action(s): Appropriate funding to account no. 008-052-9632-9007 - RCIT Infrastructure Extension in the Capital Projects Fund and establish a revenue estimate of the same. City Manager The Honorable Mayor and Members of Council November 3, 2003 Page 2 DLB/SEF C; William M. Hackworth, City Attorney Mary F. Parker, City Clerk Jesse A. Hall, Director of Finance Beth Neu, Director, Economic Development Sarah E. Fitton, Engineering Coordinator CM03-00213 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk November 4, 2003 File #373-524 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 36536-102303 authorizing amendment of an existing lease agreement between the City of Roanoke and the Commonwealth of Virginia, Department of General Services/Division of Engineering and Building, by reducing the amount of square footage being leased in the Commonwealth Building located at 210 Church Avenue, S. W.; and authorizing the release of the Lessee from a portion of the leased premises, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 3, 2003. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Attachment Darlene L. Burcham November 4, 2003 Page 2 pc: Jesse A. Hall, Director of Finance Sherman Stovall, Acting Director, Office of Management and Budget Dana Long, Manager of Billings and Collections Elizabeth Neu, Director, Economic Development IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of Rovember, 2003. Ro. 36536-110303. AN ORDINANCE authorizing the amendment of an existing lease agreement between the City of Roanoke and the Commonwealth of Virginia, Department of General Services/Division of Engineering and Buildings, by reducing the amount of square footage being leased in the Commonwealth Building located at 210 Church Avenue, S.W.; authorizing the release of Lessee from a portion of the leased premises, upon certain terms and conditions, and dispensing with the second reading of this ordinance. WHEREAS, City Council authorized the appropriate City officials to enter into a lease agreement, dated March 28, 1984 and commencing July 1, 1985, ("Lease Agreement"), amended April 28, 1992, between the City of Roanoke and the Commonwealth of Virginia, Department of General Services/Division of Engineering and Buildings ("Lessee") for the lease by Lessee of certain space in the Commonwealth Building ("Leased Premises"); WHEREAS, the Virginia Department of Fire Programs through the Lessee currently occupies approximately 4,800 square feet of the Leased Premised and has determined that more space is needed for its operations and desires to vacate this portion of the Leased Premises; WHEREAS, the United States Bankruptcy Court occupies space on the second floor of the Commonwealth Building and desires to occupy the area that the Virginia Department of Fire Program currently occupies; and WHEREAS, the City and the Lessee both desire to amend the Lease Agreement to allow for the reduction of approximately 4,800 square feet from the Leased Premises in the area that the Virginia Department of Fire Program currently occupies, and to release Lessee from the Lease Agreement with respect to such area. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City and upon form approved by the City Attorney, a lease amendment reducing the amount of space by 4,800 square feet, in the Commonwealth Building, located at 210 Church Avenue, S.W., which is currently leased from the City by the Commonwealth of Virginia, Department of General Services/ Division of Engineering and Buildings and occupied by the Virginia Department of Fire Programs, and as is more particularly stated in the City Manager's letter to Council dated November 3, 2003. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com November 3, 2003 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Commonwealth Building Lease Amendment Background: On July 1, 1985, the City began leasing space in the Commonwealth Building, located at 210 Church Ave, to the Commonwealth of Virginia, Department of General Services/Division of Engineering and Buildings. The Department of General Services located several departments of the Commonwealth on the ground, first, and third floors of the property. Over the years, various departments have moved throughout the building based on the space needed. Currently, the Department of Fire Programs is leasing approximately 4,800 square feet on the first floor and has determined the current space is more than is needed. Though the current lease is set to expire June 30, 2005, the Department of Fire Programs has expressed its desire to relocate to a smaller office at a location that is better suited for accommodating the large fire safety equipment required to park at the site of this office periodically. The United States General Services Administration also leases space in the Commonwealth Building for the United States Bankruptcy Court. The Bankruptcy Court has outgrown its space on the 2nd floor of this building and desires to expand its operation within the Commonwealth Building. The Bankruptcy Court has identified its space needs to be very close to the size of the space being vacated by the Fire Programs. Considerations: The Department of Fire Programs has requested that the City amend the current lease agreement, reducing the total square footage currently being leased to the Department of General Services by 4,800 square feet so the Department of Fire Programs may relocate to the new office space that has been identified. Attached is a copy of the lease amendment that will release the Department of General Services of this space effective December 1, 2003. The United States Bankruptcy Court has agreed to begin leasing this space upon the vacation of the Department of Fire Programs and the appropriate renovation of the space. The lease with the Bankruptcy Court will be presented to Council for approval at an upcoming public hearing scheduled at Council's pleasure. The current rent paid by the Department of General Services for this space is $10.51 per square foot per year for an annual rental amount of 50,868.40. The General Services Administration's rental rate will be structured to recover all costs associated with the renovation of this space with a market rate increase to the base rent. Based on the loss of the Department of Fire Programs as a tenant in December 2003, countered by the gain of the Bankruptcy court as a tenant in early 2004 with higher rental rates, the net effect on this source of rental revenue is expected to be neutral for FY 2004, with increases projected for FY 2005. Recommended Action(s): Authorize the City Manager to execute the attached Lease Amendment permitting the Department of General Services to decrease the amount of space being leased in the Commonwealth Building and permit the Department of Fire Programs to vacate the building effective December 1,2003. Respectfully submitted, City Manager DLB:slm Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Barry L. Key, Director of Management and Budget Dana Long, Manager of Billings and Collections Scott L. Motley, Economic Development Specialist CM03-00216 Second Amendment to Lease THIS LEASE AMENDMENT, made and entered this 1 st day of _November, 2003, amends and forms a part of that certain lease (the "Lease") dated the 28th day of March, 1984, as amended April 27, 1992, by and between the City of Roanoke (Lessor) and the Commonwealth of Virginia, Department of General Services/Division of Engineering and Buildings (Lessee). WHEREAS, the Lease terminates June 30, 2005. WHEREAS, the United States Bankruptcy Court leases space on the second floor of the building and wishes to expand to certain space currently occupied by the Department of Fire Programs on the first floor of the facility. NOW THEREFORE, it is hereby agreed: 1. Effective December 1, 2003, Lessee relinquishes and returns to the Lessor 4,840 square feet of space located on the first floor of the building now or formerly occupied by the Department of Fire Programs, whereupon the leased premises is conclusively deemed to contain 28,908 rentable square feet. 2. Notwithstanding any provision of the lease to the contrary, Lessee shall not be responsible for the costs of tenant build-out, maintenance, repair, utilities, custodial services, and any other costs attributable to operations and maintenance of any space within the building except the leased premises; except Lessee shall pay its pro-rata share of the costs of operating and maintaining areas in common with other tenants and its pro-rata share of capital expenses as provided in the Lease. 3. Lessee will deliver peacefully the leased premises in as good order and repair as the same was at the beginning of this Lease, reasonable wear and tear excepted effect. All other provisions of the lease remain unchanged and in full force and IN WITNESS WHEREOF, this Second Amendment to Lease has been duly executed by the parties by their authorized representatives. Lessor: CITY OF ROANOKE, VIRGINIA ATTEST: By: Mary F. Parker, City Clerk Darlene L. Burcham, City Manager Approved as to Execution Assistant City Attorney Lessee: COMMONWEALTH OF DEPARTMENT OF SERVICES/DIVISION OF AND ENGINEERING VIRGINIA, GENERAL BUILDING By: Richard F. Sliwoski, P.E., Director Recommend Approval: Director, Department of General Services Approval on Behalf of the Governor: Pursuant to Virginia Code §2.2-1149 and as the official designee of the Governor of Virginia, as authorized and designated by Executive Order 88(01) dated December 21, 2001, I hereby approve relinquishment of the space described herein and execution of this instrument. Secretary of Administration Date JESSE A. HALL Director of Finance email: jesso hal]~ci roanoke.va us CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 P.O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAWVER Deputy Director email: ann_shaw~er~ci roanoke va.us November 3, 2003 The Honorable Ralph K. Smith, Mayor The Honorable C. Nelson Harris, Vice Mayor The Honorable William D. Bestpitch, Council Member The Honorable M. Rupert Cutler, Council Member The Honorable Alfred T. Dowe, Jr., Council Member The Honorable Beverly T. Fitzpatrick, Jr., Council Member The Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: SUBJECT: September Financial Report This financial report covers the first three months of the 2003-2004 fiscal year. The following narrative discusses revenues and expenditures. REVENUES General Fund revenues increased 6.9% or $1,992,288 compared to FY03. Variances in specific categories of revenues are discussed in the following paragraphs. Effective with the 2003-2004 fiscal year, recovered costs are being reported as revenues rather than as reductions of department expenditures as in prior years. This change in reporting has the impact of increasing both revenues and expenditures as compared to the prior year. As of the end of September, approximately $1,067,000 in recovered costs had been received and was included in the Charges for Services category. Real estate taxes, due October 5, increased by 7.5% or $1,103,255 with $102,325 of the increase specific to additional collections of delinquent real estate tax. Personal property tax revenues are negative at September 30, 2003 as a result of refunds, exonerations and adjustments which exceed assessments, particularly in delinquent personal property tax. However, the majority of personal property tax revenue will be received at the end of the fiscal year, as the tax becomes due. One item of interest relating to local tax revenues is the performance of retail sales tax. The October collection for the month of August, 2003 increased only .10% when compared to the same month's collection in FY03. On a year-to-date basis, sales tax is presently .3% below the FY03 level. Other local taxes at September 30, 2003 have increased approximately 3.6% over the same period in FY03 when adjusted to include the electric service utility tax payment that was received on October 1. Honorable Mayor and Members of Council November 3, 2003 Page 2 Permits and Fees have increased 31.5% (or $71,362) over FY03 due primarily to an increase in building and other inspection fees as a result of new expansion projects at Maple Leaf Bakery and Magic City Ford and new construction of a daycare facility. General Fund miscellaneous revenues increased significantly due to the sale of surplus property and a donation for parks. Interfund Services revenues decreased 29.2% primarily due to timing differences in the bill to the Airport for fire safety. EXPENDITURES AND ENCUMBRANCES A couple of key changes continue to impact the obligations of the City in the 2003-2004 fiscal year as noted in the previous reports. First, the City granted an average raise of 2.25% to its active employees effective July 1, 2003. Secondly, the City's purchasing division has created an initiative to assure that contractual commitments such as rents are encumbered via purchase order for the annual amount. This has resulted in higher obligations in the current fiscal year compared to the prior fiscal year, but it represents a more realistic assessment of departmental obligations. Also, the changes to recording of recovered costs, discussed above, will result in affected departmental obligations being greater than the prior year since the recovered costs are no longer deducted from obligations. General fund expenditures and encumbrances have increased 7.5%. Public Safety, primarily the Jail, and Health and Welfare account for the majority of this increase, due specifically to the change in accounting for recovered costs discussed previously. The transfer to debt service decreased as a result of debt service savings from the Series 2003 refunding issue. Additionally, the payments required on the 2002 Series issues are lower in the current year than in FY03. I would be pleased to answer questions City Council may have regarding the monthly financial statements. JAH/MAL Attachments Director of Finance CITY OF ROANOKE, VIRGINIA SUMMARY OF CITY MANAGER TRANSFERS AND AVAILABLE CONTINGENCY SEPTEMBER 30, 2003 Transfer Number Date General Fund: Explanation From T._.~o Amount CMT-774 CMT-783 09/04/03 Purchase of New Police Vehicles Jail Support Emergency Services 09/09/03 Coordinator City Manager Capital Proiects Fund: CMT-753 07/16/03 Trout Run Reconstruction Project CMT-753 CMT-756 CMT-768 CMT-781 CMT-1543 CMT-1546 07/16/03 Trout Run Reconstruction Project 07/29/03 Fire Building Paving 08/26/03 Environmental Costs 09/09/03 10th Street Widening Project 09/10/03 Wonju Street Extension Project 09/16/03 Police Building Peters Creek Detention Basins Capital Improvement Reserve Capital Improvement Reserve Environmental Issues- PWSC VDOT Highway Projects VDOT Highway Projects Fire/EMS Facility Improvement Program Fleet Manaqement Fund: Fleet Management - Capital Outlay $ 55,000 Environmental Services and Emergency Management 45,873 Total General Fund $100,873 Trout Run Culvert Repairs $ 15,844 Trout Run Culvert Repairs 3,723 Surface Lot Paving 15,000 Environmental Issues- Colonial Ave 31,649 10th Street Widening 60,000 Wonju Street Extension 48,892 Police Building Design Phase II 50,022 Total Capital Projects Fund $225,130 Fleet Management - Capital CMT-774 09/04/03 New Police Vehicles Jail Outlay $ 55,000 Total Fleet Fund $ 55,000 Notes: Under City Code section 2-121 the City Manger has authority to make transfers up to $75,000 between departments. The scope of this report is limited to transfers that are $10,000 or greater. All contigency transfers are listed on the next page. CITY OF ROANOKE, VIRGINIA SUMMARY OF CITY MANAGER TRANSFERS AND AVAILABLE CONTINGENCY SEPTEMBER 30, 2003 (CONTINUED) Transfer Number Date Explanation Available Continqenc¥ Balance of Contingency at July 1,2003 Contingency Transfers: Technology Zone Incentive CMT-771 09/04/03 Payments CMT-777 09/09/03 Legal Expenses Downtown Roanoke, Inc. Website CMT-1547 09/19/03 Development Partners of Livable Communities CMT-1547 09/19/03 Downtown Wireless Project CMT-1548 09/22/03 CMT-786 09/22/03 Camp Virginia Jaycee Pigion and Starling Population Control Contingency Appropriations Through Budget Ordinances: (none to report) Available Contingency at September 30, 2003 From Contingency Contingency Contingency Contingency Contingency Contingency T_.~o Technology Zone Economic Development Memberships and Affiliations Memberships and Affiliations Memberships and Affiliations Transporation- Streets and Traffic Amount $ 660,710 (2,000) (7,100) (10,000) (1,200) (20,000) (10,000) CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Revenue Source General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Property Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Miscellaneous Revenue Internal Services Total Year to Date for the Period July I - Sept 30 July I - Sept 30 2002-2003 2003-2004 $ 14,815,344 $ 15,907,336 7,011,935 6,645,647 226,198 297,560 322,529 310,706 247,942 210,383 5,279,133 5,224,317 597,689 1,922,522 31,987 73,483 229r378 1621469 $ 281762r135 $ 30r764~423 Current Fiscal Year Percent of Revised Revenue Percentage Revenue Estimate of Change Estimates Received 7.37 % $ 83,500,217 19.05% -5.22 % 60,866,657 10.92% 31.55 % 907,302 32.80% -3.67 % 1,296,130 2397% -15.15 % 1,093,091 19.25% -1.04 % 45,940,204 11.37% 0.00 % 34,300 0.00% 221.66 % 8,469,262 22.70% 129.73 % 420,474 17.48% -29.17 % 2,529r153 6.42% 6.93 % $ 20610661790 16.00% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period July 1 - Sept 30 July I - Sept 30 Expenditures 2002-2003 2003-2004 General Government $ 2,902,883 3,013,895 Judicial Administration 1,566,810 1,533,019 Public Safety 11,864,276 15,382,707 Public Works 8,059,451 7,474,670 Health and Welfare 5,545,860 7,347,748 Parks, Recreation and Cultural 1,353,384 1,602,643 Community Development 1,534,153 1,817,017 Transfer to Debt Service Fund 12,016,456 10,267,097 Transfer to School Fund 12,370,997 12,222,362 Transfer to School Captial Fund 1,025,630 Nondepartmental 3,108r 987 3~ 179r731 Total $ 601323~257 64~8661519 Current Fiscal Year Percent of Percentage Unencumbered Revised Budget of Change Balance Appropriations Obligated 3.82 % $ 8,851,827 $ 11,865,722 25.40% -2.16 % 5,036,589 6,569,608 23.34% 29.66 % 34,659,163 50,041,870 30.74% -7.26 % 17,805,343 25,280,013 29.57% 32.49 % 21,223,652 28,571,400 25.72% 18.42 % 3,880,784 5,483,427 29.23% 18.44 % 4,296,948 6,113,965 29.72% -14.56% 5,075,735 -1.20% 36,667,084 15,342,832 66.92% 48,889,446 25.00% 100,00% 2.28% 9~486,385 7.53% $ 146T983r$10 1,025,630 100.00% 12r666r 116 25.10% $ 2111850T029 30.62% CITY OF ROANOKE, VIRGINIA SCHOOL FUND STATEMENT OF REVENUE Revenue Source State Sales Tax Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Transfer from General Fund Total Year to Date for the Period Current Fiscal Year July I . Sept 30 July I - Sept 30 Percentage 2002.2003 2003-2004 of Change $ 795,466 $ 814,840 2.44 % 9,106,973 9,217,618 1.21% 16,038 32,678 103.75 % 226,416 266,442 17.68 % 12,370,997 12,222~362 -1.20 % $ 22,515,890 $ 22,853,940 Percent of Revised Revenue Revenue Estimate Estimates Received $ 9,162,397 8.89 % 44,486,858 20.72 % 119,048 27.45 % 2,271,378 11.73 % 48,889,446 2500 % 0.17 % $ 104,929,127 21.49 % SCHOOL FUND STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Current Fiscal Year Percent of July 1 ~ Sept 30 July 1 - Sept 30 Percentage Unencumbered Revised Budget 2002-2003 2003.2004 of Change Balance Appropriations Obligated $ 11,481,106 $ 11,415,013 -0.58 % $ 67,358,914 $ 78,773,927 14.49 % 1,008,791 969,451 -3.90 % 3,188,822 4,158,273 23.31% 592,873 727,116 22.64 % 3,722,823 4,449,939 16.34 % Expenditures instruction General Support Transpodation Operation and Maintenance of Plant Facilities Other Uses of Funds Total 3,238,577 952,074 5,371,037 $ 22,644,458 3,143,155 -2.95 % 7,792,646 10,935,801 28.74 % 2,019,607 112.13 % 537,705 2,557,312 7897 % 6~129~307 -- 14,12% 2~053~950 8~183~257 74.90 % $ 24~403,649 7.77 % $ 84~654,860 $ 1091058,509 22.38 % CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE THREE MONTHS ENDING SEPTEMBER 30, 2003 Operating Revenues Commercial Sales Domestic Sales Industrial Sales Town of Vinton City of Salem County of Botetourt County of Bedford Customer Services Charges for Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Purchased Water - Roanoke County Purchased Water ~ City of Salem Depreciation Total Operating Expenses Operating Loss Nonoperating Revenues (Expenses) Interest on Investments Rent Main Extension Agreements Miscellaneous Revenue Interest and Fiscal Charges Net Nonoperating Expenses Net Loss FY 2004 FY 2003 $ 1,106,720 $ 996,989 638,262 501,346 158,935 134,988 4,708 4,356 4,532 7,795 55,045 49,345 3,649 (3,030) 152,215 79,201 249,514 698,602 2,373,580 1,146,942 832,615 447,471 2,427,028 (53,448) 15,571 43,305 104,490 17,156 (282,209) (101,687) $ (155,135) 2,469,592 1,096,568 990,903 262,839 205,119 418,688 2,974,117 (504,525) 32,698 25,500 15,523 (239,488) (165,767) (670,292) CITY OF ROANOKE, VIRGINIA WATER POLLUTION CONTROL FUND COMPARATIVE INCOME STATEMENT FOR THE THREE MONTHS ENDING SEPTEMBER 30, 2003 Operating Revenues Sewage Charges - City Sewage Charges - Roanoke County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services ~nterfund Services Total Operating Revenues Operating Expenses Personar Services Operating Expenses Depreciation Total Operating Expenses Operating Revenue (Loss) Nonopemting Revenues (Expenses) Interest on Investments Miscellaneous Revenue Capital Contributions - Other Jurisdictions Interest and Fiscal Charges Net Nonoperating Expenses Net Loss FY 2004 $ 1,370,659 314,761 64,455 268,013 39,228 143,891 48,988 2,249,995 610,711 1,116,760 460,185 2,187,656 62,339 FY 2003 $ 1,204,263 154,626 40,006 75,753 30,564 110,351 60,209 1,675,772 534,258 1,063,237 472,724 2,070,219 (394,447) 22,219 41,643 321 8,765 (181,821) (185,972) (150,837) (144,008) $ (88,498) $ ($38,465) CITY OF ROANOKE, VIRGINIA CiViC FACILITIES FUND COMPARATIVE INCOME STATEMENT FOR THE THREE MONTHS ENDING SEPTEMBER 30, 2003 Operating Revenues Rentals Event Expenses Display Advertising Admissions Tax Electrical Fees Facility Surcharge Charge Card Fees Commissions Catering/Concessions Other Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenues Interest on Investments Transfer from Capital Projects Fund Transfer from General Fund Transfer from General Fund - Victory Stadium Transfer to Debt Service Fund Miscellaneous Total Nonoperating Revenues FY2004 $ (32,318) (18,176) 2,500 (45,782) (60) (91,435) 1,663 (4,624) (49,308) (1,430) (238,970) 455,498 251,517 131,907 838,922 (1,077,892) 6,200 260,000 35,000 11,450 (43,784) 11,852 280,718 FY2003 $ 18,636 7,568 (4,949) 690 19,217 445 587 70,396 (459) 112,130 394,198 463,984 128,470 986,652 (874,522) 11,060 200,000 (49) 211,011 Net Loss $ (797,174) $ (663,511) Note: Reversal of year end accruals with little offsetting activity in the current year caused certain revenues to have negative balances at September 30th. As events are closed from the Civic Center revolving account to the City, these revenue balances will become positive. 7 CITY OF ROANOKE, VIRGINIA PARKING FUND COMPARATIVE INCOME STATEMENT FOR THE THREE MONTHS ENDING SEPTEMBER 30, 2003 OperMing Revenues Century Station Parking Garage Williamson Road Parking Garage Gainsboro Surface Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Gainsboro Parking Garage Williamson Road Surface Lots Norfolk Avenue Surface Lot Other Surface Lots Total Operating Revenues Operating Expenses Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Interest on Investments Transfer from General Fund Interest and Fiscal Charges Miscellaneous Net Nonoperating Expenses Netlncome FY 2004 $ 99,459 122,529 10,473 53,756 133,944 103,645 12,884 19,157 15,201 31,735 602,783 182,954 135,912 318,866 283,917 (105,635) (105,635) $ 178,282 FY 2003 $ 100,452 96,303 8,432 63,286 143,259 87,352 8,736 19,787 15,096 542,703 184,765 139,534 324,299 218,404 3,089 115,000 (146,953) 140 (28,724) $ 189,680 8 CITY OF ROANOKE, VIRGINIA MARKET BUILDING FUND INCOME STATEMENT FOR THE THREE MONTHS ENDING SEPTEMBER 30, 2003 Operating Revenues Retail Space Rental Total Operating Revenues Operating Expenses Operating Expense Depreciation Total Operating Expenses Operating Loss Nonoperating Revenues Interest on Investments Total Nonoperating Revenues Net Loss FY 2004 $ 56,663 56,663 78,153 633 78,786 (22,123) 766 766 $ (21,357) 9 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED SEPTEMBER 30, 2003 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED SEPTEMBER 30, 2003. BALANCE AT FUND AUG 31, 2003 BALANCE AT BALANCE AT RECEIPTS DISBURSEMENTS SEPT 30, 2003 SEPT 30, 2002 GENERAL ($6,437,179.48) $24,216,503.32 $15,694,093.68 $2,085,230.16 $5,252,355.50 WATER 3,080,956.59 739,883.96 615,831.19 3,205,009.36 6,253,000.15 WATER POLLUT ON CONTROL 8,497,619.22 2,326,077.02 2,010,132.42 8,813,563.82 9,145,789.11 ' CIVIC FACILITIES 1 ~778,482.10 194,470.37 958,984.64 1,013,967.83 3,309,311.901 PARKING (2,573,205.84) 201,287.81 213,737.96 (2,585,655.99) 46,639.48 ~ CAPITAL PROJECTS 52,132,487.14 106,493.10 1,091,048.15 51,147,932.09 60,528,940.57 MARKET BU LD NG OPERATIONS 299,519.85 17,308.27 39,232.96 277,595.16 0.00 iCONFERENCE CENTER 3,925,413.32 1,789.53 23,025.81 3,904,177.04 4,242,325.14! RKE VALLEY DETENTION COMM 0.00 0.00 0.00 0.00 2,606.00 I DEBT SERVICE 14,761,400.38 0.00 5,097,761.00 9,663,639.38 8,083,639.55I DEPT OF TECHNOLOGY 3,850,434.49 228,910.83 284,510.09 3,794,835.23 5,204,974.36 801,180.28 FLEET MANAGEMENT 1,289,754.23 161,604.96 533,825.56 917,533.63 PAYROLL (9,824,093.20) 11,482,439.75 13,380,470.88 (11,722,124.33) (11,791,691.20) RISK MANAGEMENT 11,856,220.65 698,242.41 718,218.96 11,836,244.10 11,755,061.07 PENSION 1,094,433.80 1,383,814.04 1,544,464.99 933,782.85 854,751.83 SCHOOL FUND 10,974,979.14 6,480,215.51 4,582,220.63 12,872,974.02 13,417,438.91 SCHOOL CAPITAL PROJECTS 7,605,138.16 1,942,889.28 948,351.04 8,599,676.40 7,099,353.94 !SCHOOL FOOD SERVICE 344,274.09 106,178.56 223,222.15 227,230.50 41,862.36 I FDETC (4,019.63) 0.00 14,874.48 (18,894.11) 206,035.69 I GRANT 785,233.81 803,855.96 6601374.48 928,715.29 30,800.62 ! TO~AL $103,437,848.82 $51,091,964.68 ~48,6341381.07 $105,895,432143 ~124,484,375.26 CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CiTY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED SEPTEMBER 30, 2003. THAT SAID FOREGOING: CASH: CASH IN HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: COMMERCIAL HiGH PERFORMANCE MONEY MARKET LOCAL GOVERNMENT INVESTMENT POOL MONEY MANAGEMENT ACCOUNT REPURCHASE AGREEMENTS U. S. AGENCIES VIRGINia AIM PROGRAM (U. S. SECURITIES) TOTAL $21,398.47 2,680,587.16 2,263,381.50 20,395,824.64 10,420,175.70 15,000,000.00 18,524,375.00 36,589,689.96 $10~,895,432.4~ DATE: OCTOBER 13, 2003 10 CITY OF ROANOKE PENSION PLAN STATEMENT OF CHANGES IN PLAN NET ASSETS FOR THE THREE MONTHS ENDED SEPTEMBER 30, 2003 Additions: Employer Contributions Investment Income Net Appreciation (Depreciation) in Fair Value of Investments Interest and Dividend Income Total Investment Income (Loss) Less Investment Expense Net investment Income (Loss) Total Additions (Deductions) FY 2004 FY 2003 $ 1,101,002 $ 850,603 4,339,353 369,795 4,709,148 9,050 4,700,098 $ 5,801,100 (3O,324,846) 325,597 (29,999,249) (81,353) (29,917,896) $ (29,067,293) Deductions Benefits Paid to Participants Administrative Expenses Total Deductions Net Increase (Decrease) Net Assets Held in Trust for Pension Benefits: Fund Balance July 1 Fund Balance September 30 $ 4,427,882 (1,460) 4,426,422 1,374,678 283,983,057 $285,357,735 $ 4,069,462 15,652 4,085,114 (33,152,407) 289,534,315 $286,381,908 Note: Negative amounts reflect the reversal of accrual accounting entries made for fiscal year-end financial reporting purposes. 11 CITY OF ROANOKE PENSION PLAN BALANCE SHEET SEPTEMBER 30, 2003 Assets Cash Investments, at Fair Value Due from Other Funds Other Assets Total Assets FY 2004 $ 915,216 285,914,436 1,590 6,150 $ 286,837,392 FY 2003 $ 854,337 256,878,592 1,590 5,785 $ 257,740,304 Liabilities and Fund Balance Liabilities: Due to Other Funds Accounts Payable Total Liabilities Fund Balance: Fund Balance, July 1 Net Gain (Loss) - Year to Date Total Fund Balance Total Liabilities and Fund Balance $ 1,479,593 64 1,479,657 283,983,057 1,374,678 285,357,735 $ 286,837,392 $ 1,350,517 7,879 1,358,396 289,534,315 (33,152,407) 256,381,908 $ 257,740,304 12 October 29, 2003 To the Honorable Judge: On behalf of the Citizens of Roanoke and the City work force, the following have been requested: For a Spiritual inquisition on Roanoke City Council and appointed personnel to be present to discuss issues on how the City of Roanoke is being miss managed and how the City Treasure is being used. A demand has been requested for a complete investigation for all wrong doings and that actions are taken on behalf for the citizens and the work force. That a Spiritual deposition be given to put "Gods" salvation in place. Sincerely, We the people, Thank you in the name of "Jesus" MJ¢ ~ommbsio~ Expires Sep~mb~r ~u, CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk November 4, 2003 File #184 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am enclosing copy of Resolution No. 36537-110303 closing certain City offices on Friday, December 26, 2003, the day after Christmas, and Friday, January 2, 2004, the day after New Year's; providing for additional holiday leave for all City employees. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 3, 2003. Sincerely, Mary F. Parker, CMC City Clerk Enclosure MFP:ew pc: Kenneth S. Cronin, Director of Human Resources IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of November, 2003. No. 36537-110303. A RESOLUTION closing certain City offices on Friday, December 26, 2003, the day after Christmas, and Friday, January 2, 2004, the day after New Year's; and providing for additional holiday leave for all City employees. BE IT RESOLVED by the Council of the City of Roanoke that: i. City offices that are not engaged in performing emergency services or other necessary and essential services of the City shall be closed on Friday, December 26, 2003, and Friday, January 2, 2004. 2. City personnel who are not engaged in performing emergency services or other necessary and essential services for the City shall be excused from work for eight hours on Friday, December 26, 2003, and Friday, January 2, 2004. 3. With respect to emergency service employees and other employees performing necessary and essential services who cannot for reasons of public health, safety or welfare be excused from work on Friday, December 26, 2003, and Friday, January 2, 2004, such employees, regardless of whether they are scheduled to work on December 26, 2003, and January 2, 2004, shall be accorded equal time off at a later date. Employees of the Fire/EMS Department working the three platoon system shall receive twelve hours of holiday time due to their work schedule. 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. MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk(~ci.roanoke.va.us November 5, 2003 File #110-304 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk Mr. Sam G. Oakey, Ill 3211 Oak Ridge Road, S. W. Roanoke, Virginia 24018 Dear Mr. Oakey: At a regular meeting of the Council of the City of Roanoke which was held on Monday, November 3, 2003, you were appointed as a member of the Roanoke Public Library Board, for a term ending June 30, 2006. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant'to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing copy of the Virginia Freedom of Information Act. Mr. Sam G. Oakey, III November 5, 2003 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Roanoke Public Library Board. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: WIodek Zaryczny, Secretary, Roanoke Public Library Board Stephanie M. Moon, Deputy City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the third day of November, 2003, Sam G. Oakey, III, was appointed as a member of the Roanoke Public Library Board, for a term ending June 30, 2006. Given under my hand and the Seal of the City of Roanoke this fifth day of November, 2003. City Clerk MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: ¢lerk(~¢i.roanok¢.v~us STEPHAN1E M. MOON Deputy Ci~ Clerk SHEILA N. HARTMAN Assistant Cit~ Clerk November 5, 2003 File #110-304 Mr. Juan D. Motley 2835 Cove Road, N. W. Roanoke, Virginia 24017 Dear Mr. Motley: At a regular meeting of the Council of the City of Roanoke which was held on Monday, November 3, 2003, you were appointed as a member of the Youth Services Citizen Board, for a term ending May 31,2006. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing copy of the Virginia Freedom of Information Act. Mr. Juan D. Motley November 4, 2003 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Youth Services Citizen Board. Sincerely, Mary F. Parker, CMC City Clerk MFP:ew Enclosures pc: Marion A. Vaughn-Howard, Secretary, Youth Services Citizen Board Stephanie M. Moon, Deputy City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: CiTY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the third day of November, 2003, Juan D. Motley was appointed as a member of the Youth Services Citizen Board, for a term ending May 31,2006. November, 2003. Given under my hand and the Seal of the City of Roanoke this fifth day of City Clerk