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HomeMy WebLinkAboutMins 02/07/00 - 07/17/00NOTICE Pursuant to Commonwealth of Virginia, Library of Virginia Records Management and Imaging Services Division, Records Retention and Disposition Schedule, General Schedule No. 4, County, City and Town Administration Records, Series No. 010001; and General Schedule No. 19, Administrative Records, Series No. 010037, those items referred to in the Minutes for full text other than Ordinances and Resolutions have been destroyed in compliance with Guidelines provided by the Library of Virginia. Mary F. Parker, City Clerk ACTION: REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL February 7, 2000 12:15 p.m. The Council of the City of Roanoke met in regular session on Monday, February 7, 2000, at 12:15 p.m., the regular meeting hour, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor David A. Bowers presiding, pursuant to Rule 1, Re__clular Meetinqs, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers .................. 6. ABSENT: Vice-Mayor C. Nelson Harris ..................................................... 1. OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Sr., Assistant City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. CITY MANAGER-COUNCIL: A report of the City Manager requesting that Council convene in a Closed Meeting to discuss acquisition of real property for a public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.1-344 (A)(5), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson moved that Council concur in the request of the City Manager to convene in a Closed Meeting to discuss acquisition and disposition of real property for a public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.1-344 (A)(5), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt and Mayor Bowers .......................................................................................... 6. NAYS: None ......................................................................................... 0. (Vice-Mayor Harris was absent.) 1 2 ACTION: ACTION: CITY MANAGER-COUNCIL: A report of the City Manager requesting that Council convene in a Closed Meeting to discuss acquisition of real property for a public purpose, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. Swain moved that Council concur in the request of the City Manager to convene in a Closed Meeting to discuss acquisition and disposition of real property for a public purpose, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.1- 344 (A)(3), Code of Virginia (1950), as amended. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt and Mayor Bowers ................................................................................ -6. NAYS: None ......................................................................................... 0. (Vice-Mayor Harris was absent.) COUNCIL-CITY ATTORNEY: A report of the City Attorney requesting that Council convene in a Closed Meeting to consult with legal counsel on a matter of probable litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that Council concur in the request of the City Attorney to convene in a Closed Meeting to consult with legal counsel on a matter of probable litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt and Mayor Bowers ......................................................................................... 6. NAYS: None ......................................................................................... 0. (Vice-Mayor Harris was absent.) At 12:20 p.m., the Mayor declared the meeting in recess. 3 At 1:50 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Vice-Mayor Harris and Council Member Swain (left the Closed Meeting at 1:00 p.m.). ACTION: COUNCIL: With respect to the Closed Meeting just concluded, Mr. Hudson moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Hudson, Trout, White, Wyatt and Mayor Bowers---5. NAYS: None ......................................................................................... O. (Vice-Mayor Harris and Council Member Swain were absent.) BUDGET-PUBLIC WORKS: Mr. Trout offered the following resolution resolving a civil investigation of the City's Public Works Service Center by the Department of Environmental Quality: (#34659-020700) A RESOLUTION authorizing and directing the City Manager to execute for and on behalf of the City a Consent Order with the Commonwealth of Virginia Waste Management Board and the Department of Environmental Quality (DEQ) resolving a civil litigation of the City's Public Works Service Center by the DEQ, upon certain terms and conditions; and authorizing the City Manager to take such further action and to execute and provide such further documents as may be necessary to comply with or implement the provisions of the said Consent Order. (For full text of Resolution, see Resolution Book No. 62, page 457.) ACTION: Mr. Trout moved the adoption of Resolution No. 34659-020700. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Trout, White, Wyatt and Mayor Bowers--5. NAYS: None ......................................................................................... 0. (Vice-Mayor Harris and Council Member Swain were absent.) 4 ACTION: Mr. Trout offered the following emergency ordinance transferring $125,000.00 in connection with resolving a civil investigation of the City's Public Works Service Center by the Department of Environmental Quality: (#34660-020700) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 459.) Mr. Trout moved the adoption of Ordinance No. 34660-020700. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Trout, White, Wyatt and Mayor Bowers---5. NAYS: None ......................................................................................... 0. (Vice-Mayor Harris and Council Member Swain were absent.) At 1:55 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., on Monday, February 7, 2000, the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, MunicipalBuilding, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding. PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain (arrived at 2:40 p.m.), James O. Trout, William White, Sr., Linda F. Wyatt, C. Nelson Harris and Mayor David A. Bowers ................................................................................... 7. ABSENT: None ..................................................................................... 0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Sr., Assistant City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Vice-Mayor C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. 5 INTRODUCTIONS ACTS OF ACKNOWLEDGEMENT: The Mayor introduced special guests from the Ukraine, who were visiting the United States on February 7 - 9, 2000, to learn about Human Services Programs. He presented each member of the delegation with a Honorary Citizen Certificate and a City logo lapel pin. 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 one request for a Closed Meeting to discuss personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. MINUTES: Minutes of the regular meetings of Council held on Monday, October 4, 1999; the special meeting held on Friday, October 15, 1999; the joint meeting of City Council and the Roanoke City School Board held on Monday, October 20, 1999; the special meetings held on Monday, October 25, 1999; the regular meeting held on Monday, November 1, 1999; the special meeting held on Tuesday, November 9, 1999; and the regular meeting held on Monday, November 15, 1999, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) ACTION: Mr. White moved that the reading of the Minutes be dispensed with and that the Minutes be approved as recorded. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Hudson, Trout, White, Wyatt, Harris and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Swain was absent.) 6 ACTION: COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the Mayor to convene in a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(I), Code of Virginia (1950), as amended. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Hudson, Trout, White, Wyatt, Harris and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Swain was absent.) CELEBRATIONS-LEGISLATION: A communication from Mayor David A. Bowers transmitting a certificate recognizing that the City of Roanoke joined cities across the nation as an official George Washington Bicentennial Community on December 14, 1999, which was the 200th anniversary of the death of George Washington, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that the communication be received and filed. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Hudson, Trout, White, Wyatt, Harris and Mayor Bowers ....................................................................... 6. NAYS: None ..................................................................... 0. (Council Member Swain was absent.) ACTION: ANNUAL REPORTS-YOUTH: A communication from Thomas M. Winn, III, Chair, Youth Services Citizen Board, transmitting the Annual Report of the Office on Youth, was before Council. (For full text, see communication and Annual Report on file in the City Clerk's Office.) Mr. White moved that the communication and Annual Report be received and filed. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Hudson, Trout, White, Wyatt, Harris and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Swain was absent.) ARCHITECTURAL REVIEW BOARD-CULTURAL SERVICES COMMITTEE-ROANOKE NEIGHBORHOOD PARTNERSHIP-ROANOKE VALLEY RESOURCE AUTHORITY-OATHS OF OFFICE-COMMITTEES: The following reports of qualification were before Council: Matthew Prescott as a member of the Architectural Review Board for a term ending October 1, 2003; Harry F. Collins, Sr., as a member of the New Construction Code, Board of Appeals, for a term ending September 30, 2004; Michael Brennan as a member of the Cultural Services Committee for a term ending June 30, 2000; Barbara N. Duerk as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 2000; and Bittle W. Porterfield, III, as a member of the Roanoke Val!ey Resource Authority Board for a term ending December 13, 2003. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) 7 8 ACTION: Mr. White moved that the reports of qualification be received and filed. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Hudson, Trout, White, Wyatt, Harris and Mayor Bowers .................................................................. 6. NAYS: None ...................................................................... O. (Council Member Swain was absent.) REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: ACTS OF ACKNOWLEDGEMENT-CELEBRATIONS: James R. Justice, President, the Fincastle Resolutions Chapter of the Sons of the American Revolution, presented a resolution adopted by the organization on January 18, 2000, in appreciation of the City of Roanoke's support of an activity which was held on December 14, 1999, to commemorate the death of George Washington, Commander of the Continental Army and First President of the United States of America, who died on December 14, 1799. He advised that the purpose of the activity was to impress upon the citizens the inestimable contributions President Washington made to the creation and development of the United States of America. The Mayor accepted the resolution with appreciation. ROANOKE CiViC CENTER: A report of the Roanoke Civic Center Commission with regard to operational changes for Civic Center parking, was withdrawn. PETITIONS AND COMMUNICATIONS: BONDS/BOND ISSUES-INDUSTRIES: A communication from Harwell M. Darby, Jr., Attorney, representing the Industrial Development Authority of the City of Roanoke, Virginia, requesting approval of a plan of financing, through Industrial Development Revenue Bond, in the amount of $4.5 million, for the benefit of Nordt Properties, LLC, a Virginia Limited Liability Company, and John C. Nordt Co., Inc., a Virginia Corporation, for issuance of the Authority's Industrial Development Revenue Bonds, Series 2000, to assist the Company in ACTION: financing the acquisition, renovation and equipping of a manufacturing facility located at 1420 Coulter Drive in the City of Roanoke, was before Council. (For full text, see communication and other supporting documentation on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#34661-020700) A RESOLUTION approving the plan of financing of the industrial development authority of the City of Roanoke, Virginia, for the benefit of Nordt Properties, LLC, a Virginia limited liability company and John C. Nordt Co. Inc., a Virginia corporation, to the extent required by Section 147 of the Internal Revenue Code of 1986, as amended. (For full text of Resolution, see Resolution Book No. 62, page 460.) Mr. Trout moved the adoption of Resolution No. 34661-020700. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Hudson, Trout, White, Wyatt, Harris and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Swain was absent.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: At this point, 2:40 p.m., Council Member Swain entered the meeting. SIDEWALK, CURB AND GUTTER: A report of the City Manager with regard to the City's curb, gutter and sidewalk request and rating system, was withdrawn. POLICE DEPARTMENT-COMPLAINTS-DRUGS/SUBSTANCE ABUSE-LEGISLATION: The City Manager referred to the January 18, 2000, Council meeting when citizens from the Lafayette Boulevard, 9 10 Chapman Avenue, and Norwich area and other neighborhood representatives voiced their concerns regarding illegal drug related issues in their neighborhoods. She advised that references were made to a particular ordinance that was being used by the City of Virginia Beach, and the City Manager and the City Attorney were instructed to review whether or not City of Roanoke ordinances and state code provisions were being utilized to the maXimum in order to address the anti-drug enforcement issue. She referred to a number of meetings that have taken place over the last several weeks to address the matter, and noted that the Urban Coalition, which represents approximately seven major urban communities in Virginia, dealt very effectively last year in having additional blight and drug enforcement legislation introduced and passed by the Virginia General Assembly. The City Manager advised that during the City's investigation of the matter, it was determined that Section 18.2-258 of the Code of Virginia is in force and effect, however, the City of Roanoke has not used the legislation as aggressively as it might have; therefore, the Police Department has taken steps to enforce the state code section and additional summonses have been issued pursuant to the provisions. She explained that increased enforcement will place owners and tenants on notice of drug activities on particular premises and charge violators with violating state code provisions, along with additional remedies if compliance does not occur. She called attention to a local ordinance which is currently being used by the City of Norfolk to increase drug enforcement in that community and provided Council with a copy of the measure for its consideration. She stated that an Assistant Commonwealth's Attorney has been hired, and charged with the full time responsibility of prosecuting drug related issues, and with his involvement, it is hoped to obtain quick action within the court system on citations that are issued. She advised that the entire City government must be a part of code enforcement and drug enforcement; therefore, the Director of Public Safety will bring together various members of City departments to discuss how the entire City workforce can become more actively engaged in the identification of blight and illegal activities. The City Manager explained that according to Section 15.2-907, Code of Virginia, (1950), as amended, a locality may enact a local ordinance to address drug blight and enforce new procedures by the Police Department to identify those properties that meet the state code definition of drug blight which is defined as a condition existing on real property that intends to endanger the public health and safety of residents and is caused by the regular presence of persons on the property under the influence of controlled substances or the regular ACTION: use of the property for illegal purposes as it relates to controlled substances. She noted that under this process, the City Manager, or her designee, could execute an affidavit certifying the existence of drug blight on the property, provide notice to the owner to take corrective action, and if corrective action is not taken, the City may act to abate the drug blight on the property through removal, repair or securing of the business or structure. She stated that while some persons may be concerned that elimination of drug activity from one particular property will move that activity to another part of the City, it should be noted that City staff is committed to following the flight and to rid the City of those individuals engaging in this type of activity and to send the message that Roanoke has a zero tolerance to drugs. In addition to the ordinance recommended to Council for adoption, she advised that a broad review of City ordinances and administrative procedures for dealing with blight and nuisances in the City will be initiated in general, and teams of City staff and citizens will be appointed to evaluate the City's current methods and propose ways to strengthen and improve efforts to deal with all types of nuisances and blight, with periodic status reports to Council as the procedure progresses. Ms. Wyatt offered the following emergency ordinance: (#34662-020700) AN ORDINANCE amending Chapter 21, Offenses-Miscellaneous, of the Code of the City of Roanoke (1979), as amended, by the addition of new Article VIII entitled, Removal or Repair of Buildings or Other Structures Harborin.q Illegal Drug Activity_; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 462.) Ms. Wyatt moved the adoption of Ordinance No. 34662-020700. The motion was seconded by Mro Trout. Mr. Tommy Donnell, 2210 Charlevoix Court, S. W., appeared before Council in support of the proposed ordinance and expressed appreciation for the City Manager's and Council's expeditious response to the concerns of citizens. Ms. Kathy Hill, President, Riverland Alert Neighbors, spoke in support of the proposed ordinance. Mr. White referred to correspondence from the Roanoke Branch, N.A.A.C.P. and requested that the City Manager review the matter and respond accordingly. (Copy of the correspondence was not filed with the City Clerk.) 11 12 Mr. Jeff Artis, 2407 Clifton Street, N. W., expressed appreciation for the prompt response by the City Manager and Council in working with citizens to help alleviate drug blight in Roanoke's neighborhoods. Following discussion, Ordinance No. 34662-020700 was adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. ITEMS RECOMMENDED FOR ACTION: BUDGET-GRANTS-FIRST UNION NATIONAL BANK: The City Manager submitted a written report advising that Council established a training incentive program on March 14, 1994, in Enterprise Zone One for companies creating or relocating a minimum of 200 new jobs over an 18-month period; and the program requires that jobs, for which training funds are received, be retained for at least five years. It was further advised that First Union National Bank received training funds from the City of Roanoke through the program; a base of 566 jobs was established for the purpose of receiving training funds, with the five-year period commencing on October 1, 1994, and ending on October 1, 1999; the number of jobs to be created or relocated was revised to 420 in June 1999; and First Union National Bank agreed to pay $400.00 for each job below the 420 jobs that were to be created or relocated. It was explained that a review by First Union National Bank, the City of Roanoke Department of Economic Development and the Fifth District Employment and Training Consortium for the period commencing on October 1, 1998, and ending on October 31, 1999, disclosed that First Union National Bank has 393 jobs in Enterprise Zone One, which is 27 jobs below the agreed upon number; therefore, the City of Roanoke has received funding, in the amount of $10,800.00, from First Union National Bank as repayment for training funds received. The City Manager recommended that Council appropriate funds, in the amount of $10,800.00, received from First Union National Bank to Account No. 008-052-9629-9004 (Roanoke Centre for Industry and Technology Addition - Property). ACTION: (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34663-020700) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 465.) Mr. Trout moved the adoption of Ordinance No. 34663-020700. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. POLICE DEPARTMENT-BUDGET-INDUSTRIES-ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that Innotech, now a division of Johnson & Johnson, outgrew its current facility at 5568 Airport Road in early 1997 and began to investigate means to enlarge the facility; and Geoffrey M. Ottaway, owner and developer of the Innotech facility agreed to construct a 30,000 square feet addition and lease the property to Innotech for a period of ten years. It was further advised that the City of Roanoke entered into an agreement for purchase and sale of City-owned property identified as Official Tax No. 6640105; in March 1997, the City conveyed approximately 8.6665 acres to A&M Enterprises, LLC, at a price of $346,660.00; however, a field study conducted before the closing showed the actual acreage to be 8.756 acres, and the City received a check in the amount of $350,240.00; therefore, the additional $3,580.00 received should be appropriated to reflect the difference in sales price. The City Manager recommended that Council appropriate funds, in the amount of $3,580.00, received from A&M Enterprises, LLC, to Account No. 008-052-9629-9004 (Roanoke Centre for Industry and Technology Addition - Property). (For full text, see report on file in the City Clerk's Office.) 13 14 ACTION: Mr. Hudson offered the following emergency budget ordinance: (#34664-020700) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 466.) Mr. Hudson moved the adoption of Ordinance No. 34664-020700. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. HOUSING/AUTHORITY-HIGHER EDUCATION CENTER-BUDGET: A report of the City Manager with regard to Amendment No. 1 to the agreement between the City of Roanoke, the Roanoke Higher Education Authority, and the Roanoke Redevelopment and Housing Authority; and appropriation of funds in connection therewith, was withdrawn. SEWERS AND STORM DRAINS-BUDGET-CONSULTANTS REPORTS-WATER RESOURCES: The City Manager submitted a written report advising that the Forest Park area of the Villa Heights neighborhood has experienced drainage and flooding problems for many years; since annexation of the area in 1943, several storm drain and channelization projects have been completed in the neighborhood to reduce flooding, however, some flooding of streets and homes continues; and previous projects in the watershed have addressed localized problems, but have not been part of a comprehensive watershed plan. It was further advised that the area has also experienced significant sanitary sewer backups during wet weather; inflow and infiltration of stormwater into the sanitary sewer system has caused manhole overflows and sanitary sewer backups into many basements; correcting the problems will likely require the availability of an adequate storm drainage system; and for this reason, the best approach was determined to be a comprehensive contract to combine stormwater and sanitary sewer analysis and design. It was explained that the Forest Park Drainage Project was included in the Capital Improvement Program (CIP), approved by Council on July 21, 1997; the project received a high priority rating in the CIP Drainage Program and funding was established in the 1997 Bond Referendum; following a published Request for Proposals and review of submitting firms, Anderson & Associates of Virginia, Inc., was selected to perform design services for the Forest Park Drainage Project; the proposed contract with Anderson & Associates of Virginia, Inc., will include inventory and field location of existing water, sanitary sewer and storm drain systems, modeling, preliminary design of corrective projects, and priorities for the phasing of future construction projects; the proposal from Anderson & Associates of Virginia, Inc., for professional design services is $314,630.00, and adding a five per cent ($15,730.00) contingency for potential scope of work changes in project design would bring the total appropriation to $330,360.00; and approximately $135,000.00 of contract costs will be associated with the water and sewer systems and $195,360.00 will be associated with the storm drainage system. ~ It was explained that as a comprehensive project for an entire watershed, this project includes additional scope of work from a typical design contract; approximately $173,000.00 of the contract will be used for field location, condition surveys, and database development for existing water, sewer and drainage systems within the watershed area, which will provide the basis for all future water, sanitary sewer and drainage maintenance and construction projects in the watershed; the work has also been determined to be necessary because of the overlap between drainage and sanitary sewer problems and solutions for the watershed; and unless a comprehensive analysis is performed, future drainage and sewer projects in the watershed will be difficult to accurately assess or prioritize. The City Manager advised that one of the goals of the project is to identify specific sources of ground water and rainfall runoff inflow into the sanitary sewer from private homes and businesses; and since the work will involve considerable contact with individual property owners, information mailers will be sent to those persons affected and neighborhood meeting(s) will be held. It was explained that cost of the design project will be $314,630.00, with a contingency of $15,730.00, for a total appropriation of $330,360.00; and funding is available in the following accounts: Sewer Fund Retained Earnings Account Water Fund Retained Earnings Account $110,000.00 25,000.00 15 16 ACTION: Public Improvement Bonds Series 1992A, Account No. 008-052-9700-9176 $195,360.00 Total Funding needs to be appropriated to a new Capital Projects account entitled, "Forest Park Drainage Project." The City Manager recommended that Council appropriate funds for design of the Forest Park Drainage Project; and that she be authorized to enter into a contractual agreement with Anderson & Associates of Virginia, Inc., for engineering design services. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#34665-020700) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Water, Sewage Treatment, and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 467.) Mr. Swain moved the adoption of Ordinance No. 34665-020700. The motion was seconded by Mr. Hudson and adopted by the following vote: ACTION: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. NAYS: None ............................... . ....................................... 0. Mr. Swain offered the following resolution: (#34666-020700) A RESOLUTION authorizing a contract with Anderson & Associates of Virginia, Inc., for professional services for the engineering design for the Forest Park Drainage Project. (For full text of Resolution, see Resolution Book No. 62, page 469.) Mr. Swain moved the adoption of Resolution No. 34666-020700. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. Mr. Swain inquired as to where the City will concentrate its efforts after the Forest Park Drainage Project is completed; whereupon, the Director of Utilities and Operations advised that the Ridgewood Heights area will be targeted next. BUDGET-WILLIAMSON ROAD PARKING GARAGE: The City Manager submitted a written report advising that the Williamson Road Parking Garage is located at 201 Tazewell Avenue, S. E., and is in immediate need of structural and internal renovation; and after proper advertisement and interviews, a consultant selection committee selected Hayes, Seay, Mattern and Mattern, Inc., as the best qualified consultant for the proposed work. It was further advised that a contract for architectural and engineering services, in the amount of $72,100.00, has been prepared and is waiting for execution pending approval by the City Manager, who has authority to execute a contract for this amount after funding is provided; and funds for consultant services are available in the Fiscal Year 2000 (CMERP) budget, as follows: Professional Consultant Services $ 72,100.00 Contingency 5,900.00 Total Funding $ 78,000.00 Cost of services is approximately 14 per cent of the project budget, which is reasonable for the work to be performed due to the complexity of the needed repairs and the professional expertise required for proper design solutions. The City Manager recommended that Council authorize the Director of Finance to establish a capital account entitled, "Williamson Road Parking Garage Renovation", and transfer $78,000.00 to said account from the fiscal year 2000 Capital Maintenance and Equipment Replacement Program (CMERP). (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: 17 18 ACTION: (#34667-020700) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General 'and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 470.) Mr. Trout moved the adoption of Ordinance No. 34667-020700. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers ............................................................. 7. NAYS: None ....................................................................... 0. BUDGET-SNOW REMOVAL: The City Manager submitted a written report advising that the fiscal year 1999-2000 budget includes funding for 2,000 tons of rock salt, and prior fiscal year encumbrances provided for an additional 1,000 tons; approximately 3,550 tons were stockpiled prior to this winter's first snowfall; currently, 2,750 tons of the 3,550 tons of rock salt available have been spread on streets and bridges during recent winter storms; therefore, there is an immediate need to replenish the current stockpiles since the snow season is not over. It was further advised that the cost of 1,000 tons of rock salt will be $42,450.00; funds are available in the General Fund Contingency, Account No. 001-002-9410-2199, and should be transferred to Snow Removal - Chemicals, Account No. 001-052-4140-2045. The City Manager recommended that Council adopt a proposed budget ordinance to transfer funds to purchase 1,000 tons of rock salt. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34668-020700) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 471.) ACTION: Mr. Trout moved the adoption of Ordinance No. 34668-020700. The motion was seconded by Mr. Hudson and adopted by the following vote: 19 AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. BRIDGES-HOUSING/AUTHORITY-HIGHER EDUCATION CENTER: The City Manager submitted a written report advising that on March 28, 1930, the City granted a permit to Norfolk & Western Railway Company (N & W) to construct and maintain an underground tunnel and overhead pedestrian bridge crossing Center Avenue, N. W., between N & W's General Office Building North (GOB North) and General Office Building South (GOB South); mechanical equipment in GOB South provides services to GOB North via the underground tunnel; the buildings are no longer owned by N & W, and one of the current owners, The Roanoke Higher Education Authority, has requested that Council consent to the assignment of the permit to the Roanoke HigherEducation Center, Inc., (RHEC, Inc.), and in turn, to Roanoke Higher Education Associates, LP, per a communication dated October 20, 1999; RHEC, Inc., has assigned to the Roanoke Redevelopment and Housing Authority a portion of its rights, title and interests in and to the original permit as it relates to and concerns the pedestrian bridge only; and current owners need to be able to access and maintain the overhead pedestrian bridge and underground tunnel. The City Manager recommended that Council authorize assignment of the permit granted to N & W Railway Company in 1930 to the Roanoke Higher Education Center, Inc., and in turn, to Roanoke Higher Education Associates, LP, and further authorize assignment of the overhead bridge portion of the permit to the Roanoke Redevelopment and Housing Authority, in a form to be approved by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following resolution: (#34669-020700) A RESOLUTION authorizing the assignment of the permit granted to N & W Railway Company in 1930, for the right to maintain the Pedestrian Bridge and Underground Tunnel crossing Center Avenue, N. W., to the Roanoke Higher Education Center, Inc., 20 ACTION: and then, in turn, to Roanoke Higher Education Associates, LP, and further authorizing the assignment of the overhead bridge portion of the permit to the Roanoke Redevelopment and Housing Authority. (For full text of Resolution, see Resolution Book No. 62, page 472.) Mr. Swain moved the adoption of Resolution No. 34669-020700. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. BUDGET-EQUIPMENT: The City Manager submitted a written report advising that the Information Technology Committee (ITC) has developed a list of priority projects and equipment needs that have been determined as critical and/or time sensitive, as more fully set forth on Attachment one of the report; and all items and projects will be purchased in accordance with requirements of Chapter 23.1, Procurement, Code of the City of Roanoke (1979), as amended. It was further advised that total funding request is $1,164,125.00 and funds are available, as follows: Current Year Capital Maintenance and Equipment Replacement Account City Information Systems, Prior Year Retained Earnings Account To be funded by Roanoke Area Libraries with an Accounts Receivable established for same. $505,100.00 $579,000.00 $ 80,025.00 The City Manager recommended that Council adopt a proposed budget ordinance to appropriate funds. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#34670-020700) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General and City Information Systems Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 473.) ACTION: Mr. Harris moved the adoption of Ordinance No. 34670-020700. The motion was seconded by Mr. Trout and adopted by the following vote: 21 AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. WORKERS COMPENSATION-CITY ' EMPLOYEES-FIRE DEPARTMENT-POLICE DEPARTMENT: The City Manager submitted a written reoort advising that during the November 15, 1999, meeting of Council, Council Member Swain requested information regarding benefits afforded to City employees who are injured in the line of duty; a supplemental pay benefit is afforded to public safety employees, resulting in differential treatment; and this additional benefit, termed the "full pay benefit", was established by Resolution No. 4748 adopted by Council in 1936 to provide an additional one-third salary supplement to workers' compensation for Firefighter/EMT's and Police Officers. Itwas further advised that based on the City's practice of treating sworn Police and Fire/EMS employees differently than the remainder of the City's workforce, Risk Management staff surveyed 16 Virginia localities to determine their treatment of the issue; questions addressed in the survey included, which employees receive the full pay benefit, applicable time limits for receiving the benefit and method used for calculation; results of the survey indicated that Roanoke's practice of paying workers' compensation is different from the practices of other localities in two definite ways: first, all employees in the City of Roanoke are not provided with the "full pay benefit" as in other localities; and second, the full pay benefit received by Police and Fire/EMS employees is not capped at net take home pay prior to the accident. The City Manager recommended that Council extend the full pay benefit currently received by Police and Fire/EMS employees to all full- time City employees; amend the provisions of Resolution No. 4748 to provide that the City Manager shall have the authority to approve a supplemental pay benefit for any employee injured in the line of duty from the date of injury for a period of six months; and an evaluation of the procedure used to calculate the current full paY benefit will be conducted during the fiscal year 2000-01 budget process. (For full text, see report on file in the City Clerk's Office.) 22 ACTION: Mr. Trout offered the following resolution: (#34671-020700) A RESOLUTION extending certain pay benefits to City employees who incur injuries in the line of duty; and repealing Resolution No. 4748 adopted February 28, 1936. (For full text of Resolution, see Resolution Book No. 62, page 476.) Mr. Trout moved the adoption of Resolution No. 34671-020700. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. NAYS: None ...................................................................... 0. FDETC: The City Manager submitted a written report advising that Federal legislation passed in August 1998 requires the closeout of the Job Training Partnership Act (JTPA) funded workforce development programs and implementation of the new Workforce Investment Act by July 1, 2000; and under an existing agreement, the Fifth District Employment and Training Consortium has administered JTPA services benefitting the governments and citizens within the four city and four county area known as the Fifth Planning District for over 25 years (1974- 1999). It was further advised that in October 1999, the Franklin County Board of Supervisors voted to seek membership in the Fifth District Consortium; their decision to request regional re-alignment was based on a review of existing economic development alliances and worker commuting patterns (Franklin County is a member of the Roanoke Regional Economic Development Partnership; Regional Alliance, under the Regional Competitiveness Act with the Roanoke-Alleghany Regional Commission, and the Roanoke Valley Convention and Visitors Bureau); of the 38.8 per cent of Franklin County residents who commute to work, 58.1 per cent commute to the Roanoke Metropolitan Statistical Area); and as a result, the current Consortium Agreement should be modified to reflect Federal legislative changes, dissolving JTPA and implementing the Workforce Investment Act (WlA), and adding Franklin County as a member jurisdiction. The City Manager recommended that Council authorize the modification, and subsequent execution, of the Fifth District Employment and Training Consortium Agreement to reflect Federal ,,1 ACTION: legislative changes, dissolving JTPA and implementing the Workforce Investment Act (WIA), and adding Franklin County as a member jurisdiction. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#34672-020700) A RESOLUTION approving modification of the Fifth District Employment and Training Consortium (FDETC) Agreement to reflect federal legislative changes, upon certain terms and conditions; and adding Franklin County as an FDETC member jurisdiction. (For full text of Resolution, see Resolution Book No. 62, page 477.) Mr. Harris moved the adoption of Resolution No. 34672-020700. The motion was seconded by Mr. Swain and adopted by the following vote: 23 AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. HOUSING/AUTHORITY-GRANTS: The City Manager submitted a written report advising that the U. S. Department of Housing and Urban Development (HUD) and the City of Roanoke entered into the Shelter Plus Care (SPC) Agreement on December 7, 1995, for project number VA36C95-0134; under terms of the agreement, the City received a grant, in the amount of $536,160.00, to be used to carry out the project over a five-year period; and term of the grant will end on December 7, 2000. Itwas further advised that Shelter Plus Care clients encountered difficulties in finding and maintaining suitable housing which have impacted grant expenditures; and it is anticipated that at the end of the term of the current agreement, approximately $380,000.00 will remain unexpended. Itwas explained that the need for housing assistance for hard-to- reach homeless persons with chronic substance abuse and mental health issues continues within the City; a steering committee comprised of representatives from the partner agencies, the Roanoke Redevelopment and Housing Authority and the City was established to develop procedures to track in-kind match contributions, provide 24 ACTION: guidance, enhance cooperation among agencies, and ensure that necessary match documentation is provided; guidelines for getting clients into SPC have been defined and are currently being utilized as an expedient method of ensuring that all avenues are being explored to obtain and maintain clients in the program; HUD has reviewed the project and the performance of the City and has determined that the City is worthy of continuation and thereby granted an extension for an additional five-year term; and if all grant funds are expended for eligible program activities before the end of the additional five-year term, the City shall notify HUD in writing and request termination of the grant agreement. The City Manager recommended that she be authorized to execute the Shelter Plus Care Grant Program Amendment; and advised that by authorizing the extension, impact on services in the City would be positive; at least 20 homeless, disabled and mentally ill citizens will receive permanent housing and supportive services for up to five years in order to stabilize their situations and to remain self-sufficient; and cost to the City would not be an issue since no additional funds are required, with an in-kind match to be provided by the nine partner agencies. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following resolution: (#34673-020700) A RESOLUTION authorizing acceptance of the Shelter Plus Care Grant extension from the U. S. Department of Housing and Urban Development and authorizing execution of the required amendment to the grant extending the grant. (For full text of Resolution, see Resolution Book No. 62, page 478.) Mr. Hudson moved the adoption of Resolution No. 34673-020700. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. BUDGET-HUMAN DEVELOPMENT-YOUTH: The City Manager submitted a written report advising that the Virginia Department of Social Services (VADSS) conducted a statewide study of foster care and adoption staffing in local departments of Social Services during the summer of 1998; and based on this study, VADSS requested and received funding from the Virginia General Assembly to increase local staffing for fiscal year 1999-2000. It was further advised that the Roanoke Department of Social Services submitted a Supplemental Budget Request for additional foster care staffing as part of the budget preparation process for fiscal year 1999-2000; the requested amount of $177,801.00 was based on a preliminary estimate provided by VADSS as the City's share of funding, which included a 20 per cent local match; the Supplemental Request was adopted by Council for fiscal year 1999-2000 and included approval to establish one Social Worker Supervisor and four Social Worker positions; the VADSS awarded the Roanoke-Department of Social Services a final allocation, in the amount of $222,734.00, which allocation is $44,933.00 higher than the amount approved by Council and includes a local match of $8,986.00. It was explained that for fiscal year 1999-2000, $28,180.00 of the additional funding, including State funds of $22,544.00 and a required local match of $5,636.00, can be used to add a Senior Social Worker position, as well as purchase a computer system and other needed supplies for the new position; funding would also cover remodeling costs, computer and telephone cabling services that Social Services has already incurred as a result of adding new staff; for fiscal year 2000-01, the full allocation of $44,933.00 will be used to fund the new position and related expenses for a full fiscal year; and the local match is available in the current budget. The City Manager recommended that Council adopt a proposed budget ordinance to approve funds provided by the Virginia Department of Social Services for foster care and adoption staffing, which increases the General Fund Revenue, estimate by $22,544.00 in Direct Service Revenue, Account No. 001-020-1234-0685; appropriates $22,544.00 to Social Services Cost Center 001-054-5314; transfers $5,636.00 from State-Local Hospitalization Cost Center 001-054-5330- 2010 to Social Services Cost Center 001-054-5314; and allocates $28,180.00 in total expenditures to certain accounts in Social Services Cost Center 001-054-5314. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: 25 26 ACTION: (#34674-020700) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 478.) Mr. Trout moved the adoption of Ordinance No. 34674-020700. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. NAYS: None ...................................................................... 0. CITY ATTORNEY: WESTERN VIRGINIA .LAND TRUST: The City Attorney submitted a written report advising that during its meeting on December 20, 1999, Council referred to the Legislative Committee, the City Manager and the City Attorney a request of the Preservation Alliance of Virginia that Council adopt a resolution supporting the establishment of a dedicated funding source for use of the Virginia Land Conservation Foundation; the Foundation is an entity created by the General Assembly to provide funding for the protection of natural areas, open spaces and parks, farmlands and forest preservation; and last year, the General Assembly appropriated $1.75 million to the Foundation in support of its programs, but funding was not from a dedicated long-term source, therefore, the Foundation is seeking the creation of a funding source. The City Attorney transmitted a proposed resolution which is consistent with the request of the Preservation Alliance of Virginia and advised that many localities have adopted similar resolutions; and recently House Speaker Vance Wilkins proposed that the State appropriate $40 million over the next two years to purchase conservation easements from landowners to help protect open spaces. Itwas noted that the Legislative Committee and the City Manager have reviewed the report and proposed resolution, and have concurred in forwarding the documents to Council for consideration. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following resolution: ACTION: (#34675-020700) A RESOLUTION supporting a permanent funding source for land conservation in the Commonwealth of Virginia. (For full text of Resolution, see Resolution Book No. 62, page 480.) Mr. Harris moved the adoption of Resolution No. 34675-020700. The motion was seconded by Mr. Trout and adopted by the following vote: 27 AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. DIRECTOR OF FINANCE: ACTION: DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the City of Roanoke for the month of December, 1999. (For full text, see Financial Report on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the Financial Report for December would be received and filed. BONDS/BOND ISSUES-BUDGET-JEFFERSON CENTER: The Director of Finance submitted a written report advising that at its November 16, 1998 meeting, Council authorized the City Manager to execute an amendment to the contract with the Jefferson Center Foundation to adopt the renovation project for the Jefferson Center Performance Hall; the project required City funding totaling $2,800,000.00, which is comprised of $400,000.00 of undesignated capital funds (interest earnings), $800,000.00 of Series 1994 General Obligation Bond funds, and $1.6 million of Series 1999 General Obligation Bond funds; Ordinance No. 34084-111698 was adopted on November 16, 1998, appropriating the interest earnings and the funding from 1994 bonds; at that time, the Series 1999 bonds had not been sold, therefore, related funding was not yet available; and the $1.6 million in funding from the sale of Series 1999 General Obligation Bonds is now available and needs to be appropriated. The Director of Finance recommended that Council adopt a proposed budget ordinance which will transfer $1.6 million from the Series 1999 General Obligation Bonds Account-Buildings to the Jefferson Center Performance Hall (008-052-9731-9001). 28 ACTION: (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#34676-020700) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 481.) Mr. Harris moved the adoption of Ordinance No. 34676-020700. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. NAYS: None ...................................................................... 0. BUDGET-HOUSING/AUTHORITY-GRANTS: The Director of Finance submitted a written report advising that by agreement with the City of Roanoke, the Roanoke Redevelopment and Housing Authority administers a large segment of the City's Community Development Block Grant program; the Housing Authority receives program income during the course of its administration of various projects through the sale of land and the receipt of loan repayments from project area residents; the Housing Authority is required to transfer program income to the City of Roanoke; and the City is required to use the income for eligible community development activities. It was further advised that the Housing Authority has made payments to the City, in the amount of $83,873.00, from October 1, 1999 to December 31, 1999, in excess of income estimates previously appropriated; and of this amount, $52,739.00 resulted from the sale of property, $15,552.00 in parking lot rental, and $15,582.00 from various loan repayments. It was explained that the City has received miscellaneous program income as follows, which amounts represent the difference between what was actually received and the amount that was previously appropriated based on repayment estimates: $288,995.00 from Hotel Roanoke, L.L.C., for loan repayment and interest on the $6,000,000.00 Section 108 loan from U. S. Department of Housing and Urban Development; during fiscal year 2000, Hotel Roanoke, L.L.C., made payment totaling $688,995.00, of which $538,000.00 was principal and $150,995.00 was interest. $2,072.00 from Williamson Road Parking Garage which was constructed, in part, using CDBG funds and $18.00 in loan repayments. The Director of Finance recommended that Council appropriate the total $374,958.00 in unanticipated CDBG program income, as follows: Unprogrammed CDBG- Other (035-099-9940-5189) $ 2,072.00 Unprogrammed CDBG -Section 108 (035-G00-0040-5188) 288,995.00 Unprogrammed CDBG - Other (035-G00-0040-5189) 18.00 Unprogrammed CDBG - RRHA (035-G00-0040-5197) 83,873.00 The amounts being appropriated to unprogrammed accounts will be available for future appropriation for eligible community development purposes. It was explained that the Housing Authority also administers a segment of the City's HOME program; the assistance provided by the Housing Authority is predominantly in the form of Iow- or no-interest active and deferred loans to eligible homeowners and homebuyers; loan repayments constitute program income to the City's HOME program; and as of December 31, 1999, loan repayments received in excess of the budget estimate equals $26,864.00; whereupon, the Director of Finance recommended that Council appropriate $26,864.00 to Unprogrammed HOME Account No. 035-090-5322-5320, which will be available for future appropriation for eligible HOME activities. The Director of Finance advised that the City of Roanoke was recently awarded a grant of $111,429.00 from the Office of Community Oriented Policing Services; the proposed budget was slightly higher than the actual amount awarded; and it was recommended that the revenue and expenditure budget for the grant be reduced by $396.00 to agree with the actual award amount; whereupon, the Director of Finance recommended that Council adopt a proposed budget ordinance to adjust revenue and expenditure estimates. (For full text, see report on file in the City Clerk's Office.) 29 3O ACTION: Mr. Trout offered the following emergency budget ordinance: (#34677-020700) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 482.) Mr. Trout moved the adoption of Ordinance No. 34677-020700. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. NAYS: None ...................................................................... 0. BUDGET-HOTEL ROANOKE CONFERENCE CENTER: The Director of Finance submitted a written report advising that the Hotel Roanoke Conference Center Commission needs additional operating funds to finance building repairs, consultant's fees, litigation expenses and other extraordinary costs, all of which are related to the remediation of certain construction defects at the Conference Center; the Commission approved the use of its prior years' retained earnings for this purpose, therefore, an appropriation of $600,000.00 from the Commission's retained earnings is requested; and funds are available in the Hotel Roanoke Conference Center Commission prior years' retained earnings. The Director of Finance recommended that Council adopt a proposed budget ordinance to appropriate prior years' retained earnings to provide additional operating funds. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#34678-020700) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Hotel Roanoke Conference Center Commission Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 484.) ACTION: ACTION: Mr. Hudson moved the adoption of Ordinance No. 34678-020700. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. CITY CLERK: SCHOOLS: The City Clerk submitted a written report advising that pursuant to Chapter 9, Education, of the Code of the City of Roanoke (1979), as amended, establishing a procedure for the election of School Board Trustees, the three year terms of office of F. B. Webster Day, Marsha W. Ellison and Sherman P. Lea will expire on June 30, 2000. It was further advised that pursuant to Section 9-16 of the City Code, on or before February 15 of each year, Council shall announce its intention to elect trustees of the Roanoke City School Board for terms commencing July 1 through (1) public announcement of such intention at two consecutive regular sessions of the Council and (2) advertisement of such intention in a newspaper of general circulation in the City twice a week for two consecutive weeks; Section 9-17 of the City Code provides that applications must be filed in the City Clerk's Office by March 10 of each year; application forms will be available in the City Clerk's Office and may be obtained between the hours of 8:00 a.m., and 5:00 p.m., Monday through Friday; and information describing the duties and responsibilities of School Trustees will also be available. (For full text, see report on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the report would be received and filed. REPORTS OF COMMITTEES: BUDGET-PARKS AND RECREATION-TOURISM-VISITOR'S INFORMATION CENTER: Council Member Carroll E. Swain, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for construction of a Visitor Center and picnic shelter at Mill Mountain Park. 31 32 The City Manager explained that the project consists of construction of a new Visitor Center and Picnic Shelter in Mill Mountain Park; $500,000.00 was appropriated from 1998-99 Capital Projects Bond Funds into Capital Projects Account No. 008-052-9711-9001 entitled, "Mill Mountain Improvements"; original bids, received on July 28, 1999, were rejected; and the Office of City Engineer instructed the Project Consultant to make design modifications to bring the project cost within the budget; and upon completion of modifications, the project was re-advertised for bids. It was advised that bids were received on Tuesday, October 12, 1999, with Building Specialists, Inc., submitting the Iow bid, in the amount of $657,900.00, to be completed in 300 consecutive calendar days, which includes a base bid for the Visitor Center, a base bid for the Picnic Shelter, add alternates 1, 2, 3 and 5, and a 300 calendar day time of completion from Notice to Proceed; the bid complied with all bid requirements, except that the amount exceeded the amount of available funds, thus permitting negotiations for a reduction in scope and cost of the contract; and the Iow bidder, Building Specialists, Inc., agreed to extend its bid for an additional 60 days,, through February 12, 2000, to allow the City to pursue additional funding and design modifications to reduce construction costs. It was noted that the lowest responsive and responsible bid exceeded available funds by $246,000.00, based upon the two base bids, four of the six add alternates and the five per cent project contingency; therefore, in accordance with bid documents, the Office of the City Engineer and the Department of Parks and Recreation negotiated several cost reductions with the Iow bidder, in the amount of $126,943.00; based upon cost reductions, the negotiated bid will be $530,957.00; a project contingency of five per cent ($28,000.00) will be added to the cost, for a total project cost, as revised, of $558,957.00, which exceeds available funds by $118,957.00; and funding for the project is available as follows: Mill Mountain Improvements, Account No. 008-052-9711-9001 $440,000.00 1999 General Obligation Bond Issue, Park Improvements 118,957.00 Total Funding Required, (Contract plus Contingency) $558,957.00 33 The City Manager and the Bid Committee recommended that Council authorize the Director of Finance to transfer $118,957.00 to Mill Mountain Park Improvements, Account No. 008-052-9711-9001; accept the bid of Building Specialists, Inc., and award a contract in the amount of $530,957.00 for construction of the Visitor Center and Picnic Shelter, including add alternates 1, 2, 3 and 5; and authorize the City Manager to enter into a contractual agreement, and reject all other bids received by the City. (For full text, see reports on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#34679-020700) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book,lo. 62, page 485.) ACTION: Mr. Swain moved the adoption of Ordinance No. 34679-020700. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. Mr. Swain offered the following emergency ordinance: (#34680-020700) AN ORDINANCE accepting the bid of Building Specialists, Inc., for the construction of the Visitor Center and Picnic Shelter to include add alternates 1, 2, 3 & 5, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 486.) 34 ACTION: Mr. Swain moved the adoption of Ordinance No. 34680-020700. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. BUDGET-INDUSTRIES: Council Member Carroll E. Swain, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for providing and installing a two-sided entrance sign structure for the Roanoke Centre for Industry and Technology. The City Manager submitted a written report advising that Ronald M. Martin & Associates, P. C., (t/a Martin & Associates, P. C.) designed a new entrance sign for the Roanoke Centre for Industry and Technology; after proper advertisement, bids were received in October 1998, with Avis Construction Co., Inc., submitting the Iow bid of $166,900.00, which exceeded the project budget; the entrance sign was revised and alternate bids were added and re-advertised; bids were received on November 3, 1999, with Southern Signs, Inc., submitting the Iow bid on Alternate Bid III, consisting of one sign with two finished faces, in the amount of $77,100.00; in verifying bidders qualifications, it was found that Southern Signs, Inc., was not registered as a contractor in the Commonwealth of Virginia; therefore, the lowest responsible and responsive bid was submitted by Construction Services of Roanoke, Inc., in the amount of $82,600.00, which includes the addition of $6,600.00 for granite coping stones. It was further advised that funding requirements for the project are as follows: Bid for sign with two finished faces Granite coping stones Contingency Total Funding is available in the following accounts: Roanoke Centre for Industry and Technology Infrastructure Extension Account No. 008-052-9679 Capital Improvement Reserve Economic Development Reserve 008-052-9575-9178 Total $76,000.00 6,600.00 7,9'15.00 $90,515.00 $10,789.00 79,726.00 $90,515.00 ACTION' Time of completion is 130 consecutive calendar days; and the contractor has agreed to extend the bid beyond the 60 day limit. The City Manager and the Bid Committee recommended that Council approve a contract with Construction Services of Roanoke, Inc., Bid item III, in the amount of $82,600.00, and 130 consecutive calendar days construction time; authorize appropriation of funds for the project and authorize the Director of Finance to establish a new Capital Account entitled, "Centre for Industry and Technology Sign." Bid Item III, two-sided sign: Granite caps Project contingency Total $76,000.00 6,600.00 7,915.00 $90,515.00 Reject the other responsive bid. (For full text, see reports on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#34681-020700) AN ORDINANCE'to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 487.) Mr. Swain moved the adoption of Ordinance No. 34681-020700. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. Mr. Swain offered the following emergency ordinance: (#34682-020700) AN ORDINANCE rejecting the bid of Southern Signs, Inc., as being non-responsive; accepting the bid of Construction Services of Roanoke, incorporated, to construct the entranceway sign at the Roanoke Centre for Industry and Technology, upon certain terms 35 36' ACTION: and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 489.) Mr. Swain moved the adoption of Ordinance No. 34682-020700. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers ............................................................ 7. NAYS: None ....................................................................... 0. TRAFFIC-SIDEWALK/CURB AND GUTTER-INDUSTRIES- ECONOMIC DEVELOPMENT: Council Member Carroll E. Swain, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for construction of improvements to Frontage Road to provide accessibility to the Johnson & Johnson Vision Products site from Peters Creek Road and Hershberger Road, N. W. The City Manager submitted a written report advising that the City of Roanoke entered into a Performance Agreement with Johnson & Johnson Vision Products, Inc., on March 19, 1999; the Performance Agreement states that Johnson & Johnson has acquired 31.206 acres (Official Tax Nos. 6460101 and 6460106)for the purpose of building and operating a manufacturing facility, and requires the City to provide access to the Johnson & Johnson facility by completing certain off-site improvements by July 1, 2000; in order to meet the agreement's deadline, off-site improvements will be constructed under two separate contracts; improvements to Ferndale Drive and Ordway Drive are currently under construction, which include a cul-de-sac on Ferndale Drive and extension of Ordway Drive to provide Johnson & Johnson with access to the back of its manufacturing site; the present project involves extension of Frontage Road so that the Johnson & Johnson site will b~. accessible from Peters Creek Road and Hershberger Road; and the project was advertised and bids were opened on January 18, 2000. ACTION: It was further advised that total construction cost is $789,818.69, which amount is comprised of $717,818.69 for the construction contract, plus an additional $72,000.00 as contingency; funds are available from Capital Project Account No. 008-002-9700 entitled, "Johnson & Johnson Off-Site Improvements"; the Iow bid of $717,818.69, which is 14 per cent below the engineer's estimate of $834,982.00, was submitted by L. H. Sawyer Paving Co., Inc., and time is critical in order to achieve the Performance Agreement's completion date of July 1, 2000. The City Manager and the Bid Committee recommended that the City Manager be authorized to execute a contract, in a form to be approved by the City Attorney, with L. H. Sawyer Paving Co., Inc., in the amount of $717,818.69, with a project contingency of $72,000.00, and reject all other bids received by the City. (For full text, see reports on file in the City Clerk's Office.) Mr. Swain offered the following emergency ordinance: (#34683-020700) AN ORDINANCE accepting the bid of L. H. Sawyer Paving Co., Inc., for the construction of off-site roadway improvements by connecting the existing portions of Frontage Road between Hershberger Road and Peters Creek Road, upon certain terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 490.) Mr. Swain moved the adoption of Ordinance No. 34683-020700. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. NAYS: None .......................................... -: ........................... 0. Council Member White inquired as to the status of discussions/commitments between the City, representatives of Johnson & Johnson Vision Products and residents of the area as a result of the proposed project, and suggested that City staff meet with residents to provide an update on the project/commitments. 37 38 It was the consensus of Council to refer the matter to the City Manager for report prior to the next Council meeting on Tuesday, February 22, 2000. Council Member Swain inquired if sidewalk, curb and gutter are proposed for Ordway Drive, N. W., whereupon, itwas the consensus of Council to refer the inquiry to the City Manager for report. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ACTION: CITY MARKET-CITY PROPERTY: Ordinance No. 34637, authorizing execution of Amendment No. 1 to the Agreement between the City and Downtown Associates, dated January 27, 1983, providing for amendment of Paragraph No. 8 of said agreement, relating to maintenance responsibilities of the Lessee and Lessor, as more particularly set forth in a report to Council dated January 18, 2000, having previously been before the Council for its first reading on Tuesday, January 18, 2000, read and adopted on its first reading and laid over, was again before the body, Mr. Harris offering the following for its second reading and final adoption: (#34637-020700) AN ORDINANCE authorizing execution of Amendment No. 1 to the Agreement between the City ("Lessor") and Downtown Associates ("Lessee"), dated January 27, 1983, providing for the amendment of Paragraph No. 8 in said Agreement, said paragraph relating to maintenance responsibilities of Lessee and Lessor. (For full text of Ordinance, see Ordinance Book No. 62, page 455.) Mr. Harris moved the adoption of Ordinance No. 34637-020700. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, Wyatt, Harris and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member White was out of the Council Chamber.) ACTION: SEWERS AND STORM DRAINS-EASEMENTS-CITY PROPERTY: Ordinance No. 34657, authorizing reservation of a 25 foot City sanitary sewer easement across City-owned property identified as Official Tax No. 4260506, located on Findlay Avenue, S. E., for the purpose of extending sanitary sewer service to adjacent property, as more particularly set forth in a report of the Water Resources Committee dated January 4, 2000, having previously been before the Council for its first reading on Tuesday, January 18, 2000, read and adopted on its first reading and laid over, was again before the body, Mr. Harris offering the following for its second reading and final adoption: (#34657-020700) AN ORDINANCE authorizing the reservation of a 25' sanitary sewer easement across City-owned property identified as Official Tax No. 4260506, located on Findlay Avenue, S. E., upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 62, page 456.) Mr. Harris moved the adoption of Ordinance No. 34657-020700. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, Wyatt, Harris and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member White was out of the Council Chamber.) EASEMENTS-APPALACHIAN POWER COMPANY-CITY PROPERTY-INDUSTRIES: Ordinance No. 34658, authorizing the granting of an easement for extension of overhead electric power service across City-owned property, identified as Official Tax No. 6460103, and being adjacent to the Innotech, Inc., property located on Ferndale Drive, N. W., as more particularly set forth in a report of the Water Resources Committee dated January 4, 2000, having previously been before the Council for its first reading on Tuesday, January 18, 2000, read and adopted on its first reading and laid over, was again before the body, Mr. Harris offering the following for its second reading and final adoption: 39 4O ACTION: (#34658-020700) AN ORDINANCE authorizing the granting of an easement for the extension of overhead electric power service across City-owned property identified by Official Tax No. 6460103, and being adjacent to the Innotech, Incorporated, property located on Ferndale Drive, N. W., upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 62, page 457.) Mr. Harris moved the adoption of Ordinance No. 34658-020700. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Hudson, Swain, Trout, Wyatt, Harris and Mayor Bowers ...................................................................... 6. NAYS: None ....................................................................... 0. (Council Member White was out of the Council Chamber.) ROANOKE NEIGHBORHOOD PARTNERSHIP-ROANOKE RENAISSANCE: Mr. Trout offered the following resolution supporting and endorsing the proposals and principles of the Roanoke Neighborhood Renaissance, which was appointed to make recommendations to enhance the quality and health of the City's neighborhoods: (#34684-020700) A RESOLUTION supporting and endorsing the proposals and principles of the Roanoke Neighborhood Renaissance. (For full text of Resolution, see Resolution Book No. 62, page 491.) Mr. Trout moved the adoption of Resolution No. 34684-020700. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, Wyatt, Harris and Mayor Bowers ....................................................................... 6. NAYS: None ...................................................................... -0. (Council Member White was out of the Council Chamber.) ACTION: ZONING-COUNCIL: Mr. Harris offered the following resolution changing the place of commencement of the regular meeting of City Council scheduled to be held at 7:00 p.m., on Tuesday, February 22, 2000, from the City Council Chamber of the Municipal Building to the Exhibit Hall at the Roanoke Civic Center. (#34685-020700) A RESOLUTION changing the place of commencement of the regular meeting of City Council scheduled to be held at 7:00 p.m., on Tuesday, February 22, 2000. (For full text of Resolution, see Resolution Book No. 62, page 493.) Mr. Harris moved the adoption of Resolution No. 34685-020700. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, Trout, Wyatt, Harris and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... O. (Council Member White was out of the Council Chamber.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: TRAFFIC-STREETS AND ALLEYS: Instead of widening 10th Street, N. W., Council Member Hudson called attention to questions raised by citizens as to the feasibility of widening Liberty Road, N. E., from Williamson Road to Gainsboro Road toward the new Second Street Bridge. The City Manager advised that there has been considerable discussion regarding solutions, both as to 10th Street and other roads in the area, and recommended that the matter be submitted to Council in the form of a work session discussion item inasmuch as the area is a part of the City's Six Year Plan and may need certain modifications. It was the consensus of Council to refer the matter to the City Manager for report within 90 days and no later than Monday, June 5, 2000. 41 42 ACTION: TRAFFIC: Council Member Trout inquired as to the timetable for installation of the traffic light at the intersection of Preston Avenue and Plantation Road, N. E.; whereupon, it was the consensus of Council to refer the matter to the City Manager for report. TAXES-LEGISLATION: Council Member Wyatt proposed that the question of enacting a one cent tax on purchases of alcoholic beverage products that would be designated specifically for refuse collection, be referred to the Legislative Committee for review and report to Council. BUDGET-CITY EMPLOYEES-PAY PLAN: Council Member Wyatt referred to a benefits, pay and classification study prepared by Fox Lawson & Associates which pointed out that certain City employees are compensated at a lower per centage than other persons in equitable positions in the Roanoke Valley. She requested, as a part of fiscal year 2000-01 budget study, that the City Manager review the report and submit recommendations to bring City employees up to a fair and equitable wage compared with similar positions in the Roanoke Valley. It was the consensus of Council to refer the matter to the City Manager for report to Council during fiscal year 2000-01 budget study. PUBLIC WORKS-STREETS AND ALLEYS: In connection with reporting potholes in City streets, the Mayor requested that the telephone number be published in the City Page of The Roanoke Times. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 4:05 p.m., the Mayor declared the meeting in recess. At 4:50 p.m., the meeting reconvened in the Council Chamber, with 'Mayor Bowers presiding, and all Members of the Council in attendance. COUNCIL: With respect to the Closed Meeting just concluded, Mr. Swain moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Hudson and adopted by the following vote: ACTION: ACTION: AYES: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised that there are vacancies on the Roanoke Neighborhood Partnership Steering Committee created by expiration of the terms of office of Joseph F. Huddleston, III, James G. Pappas and R. Jean Bevins, and called for nominations to fill the vacancies. Mr. White placed in nomination the name of Carl D. Cooper; Mr. Harris placed in nomination the name of Minnie Jones; and Mr. Swain placed in nomination the name of Robin Murphy-Kelso. There being no further nominations, Mr. Cooper, Ms. Jones and Ms. Murphy-Kelso were appointed as members of the Roanoke Neighborhood Partnership Steering Committee, for terms ending November 30, 2002, by the following vote: FOR MR. COOPER, MS. JONES AND MS. MURPHY-KELSO: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers ............................................................................. 7. OATHS OF OFFICE-COMMITTEES-BUILDINGS/BUILDING DEPARTMENT: The Mayor advised that there is a vacancy on the New Construction Code, Board of Appeals, created by expiration of the term of office of Lynn D. Avis, and called for nominations to fill the vacancy. Mr. White placed in nomination the name of Peter Clapsaddle. There being no further nominations, Mr. Clapsaddle was appointed as a member of the New Construction Code, Board of Appeals, for a term ending September 30, 2003, by the following vote: FOR MR. CLAPSADDLE: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers .......................................... 7. OATHS OF OFFICE-COMMITTEES-LIBRARIES: The Mayor advised that there is a vacancy on the Roanoke Public Library Board created by expiration of the term of office of Marc J. Small, and called for nominations to fill the vacancy. Mr. Harris placed in nomination the name of Gene Wirt. 43 44 There being no further nominations, Mr. Wirt was appointed as a member of the Roanoke Public Library Board, for a term ending June 30, 2002, by the following vote: ACTION: FOR MR. WIRT: Council Members Hudson, Swain, Trout, White, Wyatt, Harris and Mayor Bowers ................................................. 7. CITY MANAGER: The City Manager called attention to a weekly publication prepared by the City Manager's Office known as the "Council Update", and requested input from Council on the format and content of the publication. There being no further business, the Mayor declared the meeting adjourned at 4:55 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Mayor ROANOKE CITY COUNCIL ..... ROANOKE COUNTY BOARD OF SUPERVISORS February8,2000 12:00 noon A joint meeting of the Roanoke City Council and the Roanoke County Board of Supervisors was held on Tuesday, February 8, 2000, at 12:00 noon, at the Roanoke County Administration Center, $204 Bernard Drive, Fourth Floor Conference Room, Roanoke, Virginia, with Mayor David A. Bowers and Vice-Chair H. Odell Minnix presiding. ROANOKE CITY COUNCIL MEMBERS PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain, Linda F. Wyatt and Mayor David A. Bowers ......................................................................................................... 5. ROANOKE CITY COUNCIL MEMBERS ABSENT: Council Members William White, Sr., and James O. Trout ........................................................................ 2. ROANOKE COUNTY BOARD OF SUPERVISORS PRESENT: Supervisors Bob L. Johnson, Joe "Butch" Church and Vice-Chair H. Odell Minnix ............................ 3. ROANOKE COUNTY BOARD OF SUPERVISORS ABSENT: Supervisor Harry C. Nickens and Chairman Joseph P. McNamara .................................................... 2. OTHERS PRESENT: Representing Roanoke City: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; Mary F. Parker, City Clerk; Willard N. Claytor, Director, Real Estate Valuation; Kit B. Kiser, Director, Utilities and Operations; George C. Snead, Jr., Director, Public Safety; Robert K. Bengtson, Director, Public Works; Glenn D. Radcliffe, Director, Human Development; and Joseph D. Slone, Director of Technology; representing Roanoke County: Don C. Myers, Assistant Administrator for Management Services; Paul H. Mahoney, County Attorney; John M. Chambliss, Jr., Assistant Administrator for Human Services; Mary H. Allen, Clerk to the Board; Anne Marie Green, Community Relations Director; William Agee, Communications Coordinator; Gary L. Robertson, Utilities Director; and Joyce W. Waugh, Assistant Director of Economic Development. The invocation was delivered by Vice-Chair Minnix. Following lunch, the business session convened at 12:30 p.m. 45 46 Vice-Chair Minnix welcomed the elected officials and administrative staff to the meeting which provides an opportunity to work together as Roanoke Valley governments. WELCOME CENTERS-ECONOMIC DEVELOPMENT: Mayor Bowers advised that the Commonwealth of Virginia has proposed a considerable investment in two welcome centers: one at Williamsburg and one at Fredericksburg. He commended former Senator J. Granger Macfarlane for his interest in the welcome centers, and advised that the Governor, in his State of the Commonwealth Address, indicated that he would support eight welcome centers, one in Fredericksburg and one in Williamsburg, and it is believed that other welcome centers will be constructed throughout the Commonwealth of Virginia and conceivably a welcome center could be constructed between the New River Valley and Lexington. He encouraged cooperation between Roanoke City and Roanoke County to secure funding for a welcome center for this part of the Commonwealth. Mr. Macfarlane advised that the Roanoke Valley Travelers Information Center is not intended to be in competition with such projects as Explore Park, the new interpretation center, activities of the City of Salem in and around the Salem Civic Center, and efforts of the City of Roanoke to rehabilitate the downtown former passenger rail station for the Roanoke Valley Convention and Visitors Bureau. He noted that the City of Williamsburg has entered into an agreement with Colonial Williamsburg and James City County to completely rehabilitate an entire multi block area of downtown Williamsburg and to construct a large convention and visitors bureau; and the City of Fredericksburg has agreed to support a large guest tourist plaza complex area with an exit off of 1-95. He explained that House Bill 30 provides planning funds for eight welcome centers to be constructed in eight different Virginia locations, and for some time, it has been believed that a welcome center is needed on 1-81 to attract tourists. He called attention to six acres of land owned by the City, in addition to its other Carvins Cove land northeast of the intersection of 1- 81 and Plantation Road, as well as property owned by Hollins University, which would provide a good location for a welcome center. He presented information on a facility known as Tamarack that has been operating for approximately three years in West Virginia at the intersection of 1-77 and 1-64 which is a $16 million project, with $16 million in sales and $860,000.00 generated in sales tax for the State of West Virginia. He advised that Tamarack provides the nation's first and only statewide collection of handmade crafts, arts and cuisine and is strategically positioned to draw upon a traffic market of 50 million travelers annually. He stated that the Roanoke Valley has an opportunity to construct at Tamarack-like facility that would enhance not only the concept of a visitors and tourist center, but would create jobs, tax money and opportunities for small business owners to sell their arts and crafts in this type of setting. He encouraged Roanoke City and Roanoke County to create a climate of agreeability and acceptance, along with their respective economic development staffs, to obtain a line item in the Governor's budget this year as one of the eight welcome centers proposed for construction. He offered to coordinate a tour of the Tamarack facility for Roanoke City and Roanoke County representatives. Vice-Chair Minnix suggested that the remarks of Mr. Macfarlane be referred to the City Manager and the Roanoke County Administrator for study and report to their respective governing bodies. VISITOR'S INFORMATION CENTER-ECONOMIC DEVELOPMENT: Joyce W. Waugh, Assistant Director of Economic Development, presented an update on the Blue Ridge Interpretative Center which is being designed as a partnership between the National Park Service, Roanoke County and Virginia's Explore Park, and advised that the partnership builds on a consensus planning effort among localities and regional groups in the Greater Roanoke Valley area. She stated that the purpose of the interpretative center is to orient visitors to the Blue Ridge Parkway and to the surrounding region and to interpret the cultural heritage, scenic qualities and recreational features of the parkway region in this area of Virginia; and the project will include the history of the Blue Ridge Parkway and regional tourism information. She explained that a Cooperative Agreement directing Federal funds to Roanoke County is currently in effect which includes: $250,000.00 - National Park Service (design/construction), $529,800.00 - Federal Highway Administration (construction), $330,000.00 Roanoke County, $100,000.00 - Regional Alliance (final design/infrastructure), for a total to date of $1,209,000.00. She advised that estimated construction cost of the project is $1.9 million, which includes 9,000 square feet, fixtures, furnishings and equipment, site work, landscaping, electrical upgrade, wastewater upgrade, interpretative exhibit detailing, fabrication and installation, detailed design has been completed, and water and sewer lines have been extended. She explained that Virginia's Explore Park will own, operate and maintain the Interpretative Center when completed; the National Park Service will continue as a partner as required by Federal funds; and a second cooperative agreement is being developed related to ownership, operation and maintenance. She advised that Virginia's Explore Park agrees to donate land for the Interpretative Center and contribute access to existing water and sewer systems which will require extensions and connections; annual estimated cost of staffing, operations, utilities and maintenance is $57,650.00; Roanoke County proposes to provide in-kind staffing or additional monetary contributions and the National Park Service proposes to assist with staffing through the Eastern National Monument Association which is a non-profit group affiliated with the National Park Service. 47 48 EMERGENCY SERVICES: William Agee, Communications Coordinator, Roanoke County, presented a history of the 800MHZ Radio system, which is a 23 channel operation that is utilized by Police, Fire, Rescue, Emergency Medical Services, Sheriff's Departments and other public safety agencies from Roanoke County, Roanoke City and the Town of Vinton. Joseph D. Slone, Director of Technology, City of Roanoke, advised that the regional radio project is successful, and reviewed the benefits of the joint system for citizens of the Roanoke Valley, which provides the capability for fire and other emergency medical service agencies to communicate with each other in a specific and enables the police departments to monitor the actions of each other in a pursuit situation. He explained that considerable Y2K planning took place at the 911 centers which led to disaster preparedness and a contingency exercise with back up equipment in the event of equipment failure; therefore, backup equipment for redundancy planning is in place. He commended the teamwork that was involved to bring together a technical and complex project from two different cultures of doing business; and from a technical point of view, the project was done on time, within budget and the system is fully operational. He advised that the City converted its fire/emergency medical services operations to the new system in February 1999, police converted to the new system in June 1999, the Departments of Public Works, Engineering, Building and Planning, and Utility Line Services have converted to the new system, and the two remaining City departments, Refuse Collection and Parks and Grounds, will be converted by July, 2000. JUVENILE CORRECTIONAL FACILITIES: John M. Chambliss, Jr., Assistant Administrator for Human Services, Roanoke County, advised that Phase I of the Juvenile Detention Center, which is being developed at Coyner Springs, is partially complete consisting of four pods of beds which is a little over one-half of the ultimate design of the facility. He stated that it is anticipated that three of the four pods, which is approximately 48 beds, will be available for use in late May or early June 2000, bids will be received for furnishings and equipment, the two larger pods are already under roof, and during the construction phase, the City of Roanoke has continued to operate the facility. He explained that a special feature proposed for the new facility will be view conferencing capability so that residents of the facility will not have to be transported back and forth to the courts for hearings which will allow hearings to be conducted through the means of video camera and computer systems linked together by telephone circuitry. He stated that it is planned to make beds available to the participating localities on the same ratio that was approved in the needs assessment: 48 beds are anticipated to be used, with 24 beds allocated to the City of Roanoke,12 beds to Roanoke County, six beds to the City of Salem, five beds to Franklin County and one bed to Botetourt County. He added that one of the pods will be used for administrative/food preparation, and abatement will begin immediately for any hazardous materials in the existing facility, much of which will be torn down in order to renovate and construct the remaining pods/beds, for an ultimate capacity of 81 beds which are anticipated to be available on July 1, 2000. He added that the project has been a regional effort with assistance by State agencies, and the Juvenile Detention Commission has issued revenue bonds to finance capital improvements for the facility which have been structured so that when reimbursement from the State's share of the money is received, those parts of the bonds will be paid off and the balance of the debt service will be incorporated in the per diem cost so that the locality using the bed will pay debt service as well as operating costs. Glenn D. Radcliffe, Director, Human Development, City of Roanoke, addressed operating issues and advised that it is expected to receive 50 per cent of construction and operational costs from the State. He added that presently, the State cap funding for construction is $52,000.00 per bed and operational cost is $26,000.00 per bed. He called attention to pending legislation in the General Assembly to increase construction cost to $59,000.00 per bed and $28,500.00 per bed for operational cost, which would provide approximately $800,000.00 in additional funds from the State. Since the number of beds have been increased, he advised that the number of staff positions has also been increased by 18 juvenile care workers, and it is hoped to hire the additional staff by April 15 which will allow time fora training period prior to opening in May/June 2000; and the Superintendent of the facility is expected to be on staff by April/May, 2000. WATER RESOURCES: Kit B. Kiser, Director, Utilities and Operations, City of Roanoke, presented an update on water line connections. He advised that the Carvins Cove Reservoir level has recovered from an all time Iow point of 29.2 feet below spillway on September 1, 1999, to its current level of 13.7 feet below spillway on February 8, 2000. He stated that following the City's declaration of a water supply emergency in June, 1999, and the subsequent agreement with Roanoke County for all water purchases, effective July 1, 1999, the City purchased water from Roanoke County, the City of Salem, and the Town of Vinton until December 22, 1999, at which time the Carvins Cove level had gained to 15 feet below spillway level. Mr. Kiser stated that the one raw water well at Carvins Cove Filter Plant is complete; City staff is negotiating a contract to recommend to Council to locate, design and supervise construction of three additional wells, one at Carvins Cove recreation area, one additional raw water well at the Filter Plant and one finish water production well thatwould use the existing Riverland Road, S. E., water storage tank as a chlorine contact tank. He added that all planned interconnections have been made, except the one involving joint City/County construction of 11,000 feet of a 16 inch line along Lock Haven Road, which construction, planned for this spring, will complete the connections needed to allow the City to purchase a net volume of four million gallons per day from Roanoke County. Mr. Kiser explained that rather than the City selling the County two million gallons of water per day, the City will have the ability to purchase four million gallons per day from the County, up to two million gallons per day from Salem and 49 5O a little more than one million gallons per day from the Town of Vinton (depending on the water system demands for those jurisdiction on a day to day basis); and, in effect, the changes made prior to 1999, those made in 1999 and those planned this spring mean that the City can reduce the draw from Carvins Cove Reservoir by nine million gallons per day; during the height of the drought last fall, and during the mandatory restrictions phase that began when the Reservoir level reached 24 feet below spillway, the demand on Carvins Cove dropped from a normal output of 16 million gallons per day to six million gallons per day; and these changes led to a 28 per cent water rate increase, 18 per cent of which became effective on January 1, 2000, and the remaining ten per cent will be effective on January 1, 2001. Mr. Kiser advised that the Carvins Cove Reservoir has not recovered and it is not known if it will recover this spring; however, if the Cove does not recover, the City should consider resuming the purchase of water if the level drops to 18 feet below spillway, rather than waiting to see if the level drops to 22 feet as was done in 1999. Also, he noted that the Roanoke Valley Alleghany Regional Commission has invited representatives from the City of Roanoke, the City of Salem, the County of Roanoke, the Town of Vinton, and Botetourt County to discuss water supplies and system interconnections, and representatives of Bedford County are to be invited to the next meeting; Council Member W. Alvin Hudson, Jr., represents the City of Roanoke at the meetings; and the Commission has embraced the following goals: Examine present and future needs, Establish as many system interconnects as feasible, Maximize utilization of existing resources, Make recommendations for adequate water supply for the region's future. He added that the Commission has identified a list of major system interconnections. Gary L. Robertson, Utilities Director, County of Roanoke, presented information on water interconnections, specifically in regard to existing connections prior to the summer of 1999 which allowed the City of Roanoke to get water from Roanoke County at only two locations: Grandin Road and Ogden Road. Since 1999, he called attention to construction of the Lock Haven I line from Route 419 to Lock Haven Road and 1-81 that allowed Roanoke County to serve the North Lakes area located in Roanoke County which decreased the demand for water from the Carvins Cove Reservoir, and provided two more interconnections to Roanoke City that allowed the Valley Point/North Lakes Drive area to be served. Next, he stated that Roanoke County constructed a small section of water line from Penn Forest Boulevard to Route 419 along Colonial Avenue which allowed the County to take a small section of line between Brambleton Avenue, Colonial Avenue and Route 419 to the City line and provide two more water lines to the City via Spring Hollow; and in the summer of 1999, the City made a connection to the County's line along Route 460 at the City/County line which allowed the City to obtain water from the Town of 51 Vinton. He explained that the Lock Haven II line will be jointly constructed by the City and the County, Roanoke County prepared the design and will provide all building materials and City crews will provide the construction, which consists of about two miles of water line along Lock Haven Road to Belle Haven Road and will provide the capability to serve most of the remaining parts of North County with Spring Hollow water and provide two to four interconnections to Roanoke City in the northern part of Roanoke County. He advised that with completion of the last water line, there is the capability to bring Spring Hollow water to approximately two-thirds of the Roanoke Valley. At this point, 1:30 p.m., Mayor Bowers left the meeting and Vice-Mayor Harris presided over the remainder of Roanoke City's participation in the joint meeting. LEGISLATION: Mr. Johnson advised that the governments of the Roanoke Valley should organize and join forces to defend their positions in order to receive their fair share of funding from the Commonwealth of Virginia. He stated that the Roanoke Valley must either speak as one voice in this part of the Commonwealth, or the localities will be left behind. He urged that elected and appointed officials join forces with their colleagues from this part of the state and defend their positions. There being no further business, the Vice-Mayor declared the City Council meeting adjourned at 1:40 p.m. APPROVED ATTEST: Mary Fo Parker City Clerk Mayor 52 REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL February 22, 2000 12:15 p.m. The Council of the City of Roanoke met in regular session on Tuesday, February 22, 2000, at 12:15 p. m., the regular meeting hour, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor David A. Bowers presiding, pursuant to Rule 1, Reqular Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt, C. Nelson Harris, W. Alvin Hudson, Jr. and Mayor David A. Bowers ..................................................................................................... 7. ABSENT: None .................................................................................... -0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. At 12:20 p.m., the Mayor declared the meeting in recess. At 12:25 p.m., the meeting reconvened in the Emergency Operations Center Conference Room, Room 159, Municipal Building, with Mayor Bowers presiding, and all Members of the Council in attendance. ZONING: The City Manager introduced Evelyn S. Lander, Chief, Planning and Community Development, for a briefing on the proposed Raleigh Court rezoning and an update on citizen concerns, which is scheduled for a public hearing at the 7:00 p.m. Council session. Ms. Lander advised that in January, 2000, Council approved an amendment to the RM-1, Multi-Family Residential Zoning District, that helped to address one of the housing issues facing many of Roanoke's neighborhoods, which is the abundance of multi-family development within the City. She stated that approximately 45 per cent of the City is presently zoned for multi-family development which is not a healthy balance, with too many persons and families living on small lots or in townhouses that have been converted to apartments. She added that the abundance of multi-family zoning and development goes back to urban renewal efforts during the 1960's when much of the City was targeted for higher density housing and industrial development which was, at the time, an answer for revitalizing the City. She stated that redevelopment did not occur in that pattern and some of Roanoke's neighborhoods are left with now undesirable zoning patterns that do not reflect the existing or future desirable land uses across the City. She explained that the public hearing on the 7:00 p.m., Council docket involves changes in the zoning district in Greater Raleigh Court, which changes have been recommended by the City Planning Commission and are the result of a neighborhood planning effort that was completed in Raleigh Court last year, and will be addressed in other neighborhoods across the City. She added that the plan that was adopted by Council in May 1999 recommended that the City evaluate the multi- family, RM-I and RM-2 zoning district in Raleigh Court, review existing land uses and patterns and determine where changes were needed to promote neighborhood stabilization and compatible balanced housing which would encourage residential property investment. She stated that approximately 40 per cent of Raleigh Court is zoned for multi-family development; the proposed zoning changes are not meant to target rental housing versus owner occupied housing, but are intended to match existing land uses and development patterns with those that are desired for the future. She further stated that the City Planning Commission wishes to promote compatible residential development that allows for development that is suitable according to lot size, to appropriate population density and to protect all property investments. She advised that public workshops were held with residents of Raleigh Court, members of the Roanoke Regional Home Builders Association, members of the Roanoke Valley Association of Realtors and other interested neighborhood leaders to discuss housing and zoning issues facing Raleigh Court, because many of these issues are also shared by other neighborhoods, and as a result of the workshops, the RM-1 amendment was approved by Council, and the Planning Commission then began to look specifically at areas in Raleigh Court where zoning and existing land use conflicted. She stated that once those areas were identified and discussed with the Planning Commission, a public hearing was scheduled for January 12, but prior to the public hearing all property owners, which totaled over 1000, were mailed a detailed letter notifying them of the proposed rezoning and explaining the purpose of the rezoning proposal, all of the properties were individually posted, two legal advertisements were placed in The Roanoke Times and additional information was published in the City Page of The Roanoke Times. Ms. Lander reviewed the following specifics of the proposal: The City Planning Commission has identified five areas for comprehensive rezoning changes, as more fully set forth on a map which was provided to each Member of Council; 312 parcels are recommended for rezoning from RM-2 to RM-1 and 702 parcels are recommended to be rezoned from RM-I to RS-3, which areas are inappropriately zoned based on existing land use and are desired for appropriate future development. City planners designated these areas based upon a specific criteria for drawing zoning boundaries, and lines were drawn that would result in consistency of zoning on both sides of 53 54 the street to insure that there is equality in similarly situated properties, and to minimize the number of non-conforming properties or those uses that would not be permitted under the new zoning district; therefore, areas were selected for change where at least 80 per cent of the existing uses were of the same land use. Even with the proposed rezoning changes, approximately 20-25 per cent of the Greater Raleigh Court neighborhood will continue to be zoned for multi-family development which is important because all of Roanoke's neighborhoods have to provide a healthy balance of various housing types and provide affordable housing, and Raleigh Court is not trying to promote an elitist neighborhood where all property is zoned single family. It was determined in the various meetings and at the City Planning Commission public hearing that was held in January that property owners who have an existing duplex or apartment will be permitted to continue to use the properties and to sell the properties with that use; however, if the properties are discontinued for greater than two years, or if the property is damaged by greater than 50 per cent, that particular use would not be permitted under the new zoning district and could not be reestablished or reconstructed, therefore, any new use of the property must be in accordance with the uses that are permitted in that district. The 50 per cent provision was identified by some citizens as an area of concern, especially by those persons who have existing uses that could become non-conforming. This provision has been included in the zoning ordinance for a number of years and citizens requested that the City Planning Commission review the requirement to insure that their investment, especially in regard to bank refinancing and for insurance purposes, would be protected. As a result of research following the City Planning Commission meeting in January, the City's Zoning Administrator advised that for the last ten years, there have been no instances of non-conforming structures being destroyed to the extent that they could not be rebuilt. Planning staffthen researched how other communities address non-conforming uses and found that other cities had instances where the uses were able to be rebuilt, even if they were destroyed beyond 50 per cent, and the City discovered that its ordinance was more conservative than certain other communities. In response to citizen concerns, Planning staff is currently working with the City Attorney's Office on specific language that will amend the City's Zoning Ordinance to allow the reconstruction of certain non-conforming uses, such as if the structure is a residential property in a residential zone, the structure could be reestablished if it is damaged by greater than 50 per cent. Planning staff will submit a draft amendment to the City Planning Commission at its meeting on March 15, followed by a public hearing on April 19, and Council could hold its public hearing on May 15. 55 In summary, Ms. Lander advised that the zoning recommendations that Council will consider at its 7:00 p.m., session this evening are important recommendations that are needed in the Raleigh court neighborhood to balance housing types, to encourage investment and to protect the quality of life for the residents residing in the area and for those residents that the City wishes to attract to the area. She asked that the concerns of residents regarding the 50 per cent damage provision be placed in the proper perspective and not be used as a reason for delaying the needed action for zoning changes in Greater Raleigh Court. ACTION: Without objection by Council, the Mayor advised that the briefing would be received and filed. POLICE DEPARTMENT: The City Manager introduced a briefing with regard to the new Roanoke City Police Building, 348 Campbell Avenue, S. W., design, construction, and bid schedule, and additional facilities that will be required to accommodate the total needs of Roanoke's Police Department of the future. George C. Snead, Director, Public Safety, advised that in the early 1970's, the Police Department moved to its existing facility which was intended to be a seven to ten year solution. He stated that Phase I of the project will address many compelling key issues for the Police Department to operate out of the existing structure. He called attention to a report of Daniel Smith and Associates, a firm employed by the City to review all City space needs in 1996, which identified the Police Department as the number one priority for facility needs throughout the City; and the Capital ImprOvements Program Citizens Advisory Committee identified the space needs of the Police Department as a critical project, and Council supported and funded the recommendation. Mr. Snead explained that the original building consisted of 20,000 square feet of floor space on two floors, plus a partial basement, the project includes a third floor, plus remodeling the original two floors to accommodate 24 hour police activities; and an additional 7,600 square feet of space was added to the rear of the building at the basement and first floor level to accommodate other 24 hour police functions, for a total project area of 37,600 square feet. He advised that Police Department administration will remain in the Third Street Building until Phase II of the building and will duplicate the square footage. He noted that bids were received on December 22, 1999 with Thor, Inc., submitting the Iow bid in the amount of $4,335,000.00 and 390 consecutive calendar days construction time, which bid exceeded available funding for the project; and negotiations took place which resulted in a cost reduction for a contract amount of $4,015,200.00. Bane Coburn, representing the City Engineer's Office, discussed the concept of the project, and Larry Doyle and Ronald Martin, representing Martin and Associates, Architects and Engineers, explained project details. 56 ACTION: Without objection by Council, the Mayor advised that the briefing would be received and filed. At 1:35 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., on Tuesday, February 22, 2000, the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding. PRESENT: Council Members Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt, C. Nelson Harris, W. Alvin Hudson, Jr. and Mayor David A. Bowers ..................................................................................................... 7. ABSENT: None .................................................................................... 0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Sr., Assistant City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. INTRODUCTIONS AND PRESENTATIONS: SISTER CITIES: The Mayor introduced guests from St. Lo, France, one of Roanoke's Sister Cities on the Normandy coast. He presented each member of the delegation with a Honorary Citizen Certificate. ACTS OF ACKNOWLEDGEMENT-FLOOD REDUCTION/CONTROL: The Mayor presented a Plaque of Recognition to John G. Reed, representing the City Engineer's Office, for his work in connection with the successful participation by the City of Roanoke in the National Flood Insurance Program Community Rating System, in recognition of a series of activities undertaken by the City of Roanoke to protect its citizens from losses by flooding and for significantly exceeding the requirements for National Flood Insurance Program participation and effective flood plain management. On behalf of the Council, the Mayor commended and congratulated Mr. Reed for his work in connection with the City's flood insurance program. 57 POLICE DEPARTMENT-ACTS OF ACKNOWLEDGEMENT: Mr. Harris offered the following resolution: (#34686-022200) A RESOLUTION expressing appreciation to the Retired Persons Services for their generous donation of a Malinois canine for the police department's canine unit. ~ (For full text of Resolution, see Resolution Book No. 62, page 494.) ACTION: Mr. Harris moved the adoption of Resolution No. 34686-022200. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Hudson and Mayor Bowers ........................................................... 7. NAYS: None ....................................................................... 0. The Mayor presented a ceremonial copy of the above referenced resolution to John Morgan and John Payne, representing the Retired Persons Services. 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 one request for a Closed Meeting to discuss personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) 58 ACTION' ACTION: ACTION: Mr. White moved that Council concur in the request of the Mayor to convene in a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Hudson and Mayor Bowers ........................................................... 7. NAYS: None ...................................................................... -0. CITY SHERIFF-CITY JAIL: A communication from Mayor David A. Bowers transmitting correspondence from the Honorable George M. McMillan, City Sheriff, advising that the Roanoke City Jail has been fully accredited by the National Commission on Correctional Health Care, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that the communication be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Hudson and Mayor Bowers ........................................................... 7. NAYS: None ....................................................................... 0. ROANOKE NEIGHBORHOOD PARTNERSHIP-ROANOKE ARTS COMMISSION-OATHS OF OFFICE-COMMITTEES: The following reports of qualification were before Council: Carl D. Cooper as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 2002; and Mark C. McConnel as a member of the Roanoke Arts Commission for a term ending June 30, 2001. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mr. White moved that the reports of qualification be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Hudson and Mayor Bowers ........................................................... 7. NAYS: None ....................................................................... 0. REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: ECONOMIC DEVELOPMENT: Philip F. Sparks, Executive Director, Roanoke Valley Economic Development Partnership, presented an oral Annual Report of the Partnership. He advised that the Johnson & Johnson Vision Products announcement occurred in 1999, and was an investment of $125 million with approximately 600 new jobs in Phase I, and Phase II will be an investment of about $200 million, and more than 1200 jobs; a $38 million project in Botetourt County generated 200 new jobs; and a $17 million investment project in Craig County created initially approximately 88 jobs. In terms of projects addressed by the Partnership last year, he stated that $179 million was invested, and 874 new jobs were established in the short term. He advised that from 1980 to 1998, the Roanoke Valley Economic Development Partnership and its partners consisting of the various localities have announced approximately $670 million worth of projects and retail sales correspondingly have grown approximately $1.7 billion. Without objection by Council, the Mayor advised that the Annual Report would be received and filed. PETITIONS AND COMMUNICATIONS: HEALTH DEPARTMENT-YOUTH-CHIP: A communication from Vice-Mayor C. Nelson Harris advising that the City Health Department's Dental Program, which has provided vital services to Roanoke's children and to their families over the years, is now in jeopardy, was before Council. Vice-Mayor Harris further advised that the Dental Program is not mandated by the Commonwealth of Virginia and therefore, is no longer receiving financial support from Richmond; the Dental Program's future is further complicated by its ongoing struggle to attract and to retain a qualified, full-time dentist due to salary and other components; consequently, the Dental Program is no longer operating at capacity as 59 60 it has in recent years; and given the critical service this program provides and the population it serves, it is hoped that Council will seek whatever means possible to assist the program and to enable it to be brought back to the service standard advocated by the City's Health Department officials. It was further advised that during the period of July 1, 1998, through June 30, 1999, the Roanoke City Health Department Dental Program recorded 2,100 patient visits, resulting in services valued at $243,722.00; a few years ago, the Roanoke City Health Department Dental Program employed two full-time dentists; presently, there is one part-time dentist and given the fact that Roanoke City has over 7,000 children who, under Federal guidelines, qualify for free or reduced- price school lunches, the client population for this service is significant and far exceeds the ability of being adequately served by a part-time position. Vice-Mayor Harris pointed out that while Medicaid does pay up to a certain amount for dental care, the vast majority of private sector dentists in the area do not accept Medicaid patients; therefore, he recommended that the matter be referred to the City Manager for review. He noted that the City Health Department plans to forward a request to Council for funding, and may ask Council, through a Supplemental Budget request, to provide the financial difference between operating costs of the program and what the Health Department receives in payments and reimbursements; it is anticipated that the request will be in the range of $60,000.00 to $70,000.00, and while this request will be a matter for*2000-01 budget study in the coming weeks, he requested the support of Council in addressing the matter. ACTION: (For full text, see communication on file in the City Clerk's Office.) Mr. Harris moved that the communication be referred to the City Manager for study, report and recommendation and to 2000-01 budget study. The motion was seconded by Ms. Wyatt. Council Member Swain requested input from the school system in regard to sharing in the cost of the dental program; Council Member Trout suggested that the matter be included in the City's 2001 Legislative Program for funding assistance from the General Assembly based upon the average household income level, and inquired as to whether dental care services are provided by the Bradley Free Clinic; and the Mayor requested a clarification as to why Roanoke County and the City of Salem provide dental health care for children through their public Health Department, while the Roanoke City Health Department does not provide the same service. Robin Haldiman, representing the Child Health Investment Partnership (CHIP), encouraged the City to address the issue, and advised that in a statewide study of Medicaid, only 18 per cent of children with Medicaid had access to the services of a dentist. She stated that 218 children under the Child Health Investment Partnership previously had access to the services of the Roanoke City Health Department dentist, however, that access is no longer available. She advised that based on statistics in a study performed by the Community Based Health Care Coalition, the second leading excuse for school absenteeism in the Roanoke Valley is tooth ache related causes. She implored Council to consider the consequences of the lack of dental care services for the children of the Roanoke Valley. The motion offered by Mr. Harris', seconded by Ms. Wyatt was unanimously adopted. BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting appropriation of funds to the following school accounts, was before Council. $36,000.00 for the Addison Aerospace Middle School renovation project for the replacement of auditorium lighting and sound systems; funding will be provided from 1997 Capital Bond Funds. $85,322.00 from the Capital Maintenance and Equipment Replacement Fund to provide for the division-wide replacement of music instruments, for administrative computer technology, for equipment replacement in the magnet school programs, for facility maintenance equipment needs, for high school athletic field improvements, and for the replacement of a food service delivery vehicle. $18,881.00 for the Perkins Act program to provide funds for vocational equipment; this continuing program will be 100 per cent reimbursed by Federal funds. 61 62 ACTION: $1(~,081.00 for the Western Virginia Regional Science Fair; this continuing grant program will be funded with contributions from participating school districts with a local match of $2,000.00. $22,134.00 for the Refugee School Impact Grant; this new grant program will use Federal funds on a reimbursement basis to provide services to refugee children. A report of the Director of Finance recommending that Council concur in the request of the School Board, was also before the body. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34687-022200) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General, School and School Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 496.) Mr. Trout moved the adoption of Ordinance No. 34687-022200. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Hudson and Mayor Bowers ........................................................... 7. NAYS: None ....................................................................... 0. CITY CODE-JUVENILE CORRECTIONAL FACILITIES-PENSIONS: A communication from Jesse A. Hall and Glenn D. Radcliffe, Commissioners, Roanoke Valley Detention Commission, advising that on October 7, 1998, the Roanoke Valley Detention Commission (RVDC) Service Agreement was executed by the following localities: City of Roanoke, City of Salem, County of Botetourt, County of Franklin and County of Roanoke, was before Council. It was further advised that RVDC was created to renovate the 21 bed facility and construct an addition to the existing Detention Center, and to equip, maintain and operate the expanded 81 bed Detention Center; upon completion of Phase I, scheduled for May 2000, the facility will be placed in service and the RVDC will assume responsibility for ACTION: operation; Section 4.10 of the Service Agreement states that current employees of the existing Detention Center will become employees of the Commission, but will remain members of the City of Roanoke Pension Plan; and the service agreement did not provide for new employees hired by the RVDC to be members of the City's Pension Plan. It was explained that the Commission adopted a resolution on January 20, 2000, requesting that all new full time employees also be members of the City's pension plan; and required contributions on behalf of the employees will be paid to the Pension Plan by the RVDC. Mr. Hall and Mr. Radcliffe recommended that Council adopt an ordinance authorizing current and future employees hired by the Roanoke Valley Detention Commission to be eligible for membership in the City's pension plan, which recommendation has been discussed with the City Manager and the Director of Finance, both of whom concur in the recommendation. (For full text, see communication on file in the City Clerk's Office.) Mr. Trout offered the following emergency ordinance: (#34688-022200) AN ORDINANCE amending and reordaining §22.1-3, Membership Generally, of Chapter 22.1, Pensions and Retirement, of the Code of the City of Roanoke (1979), as amended, by adding a new subsection, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 497.) Mr. Trout moved the adoption of Ordinance No. 34688-022200. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Hudson and Mayor Bowers ........................................................... 7. NAYS: None ....................................................................... 0. REPORTS OF OFFICERS: CITY MANAGER: 63 BRIEFINGS: None. 64 ITEMS RECOMMENDED FOR ACTION: PUBLIC WORKS-ENVIRONMENTAL POLICY: The City Manager submitted a written report advising that the City of Roanoke has been working to resolve environmental issues at the Public Works Service Center and is now ready to move forward with a goal to assure that such incidents are not repeated and to ensure that Roanoke remains in compliance with all environmental rules and regulations; and it is the goal of the City to set an example in the area of environmental concerns by taking a proactive approach to make the City a better place to live and to work by finding ways to continually enhance the environment. It was further advised that on January 19, 2000, a 15 member environmental policy team, which included representatives of the City Attorney's Office, the City Manager's Office, Public Safety and Public Works, prepared a draft environmental policy statement, which will govern operational methods for all facilities that the City of Roanoke operates or controls; and employees at all levels will be trained, monitored, and required to adhere to every aspect of the policy statement. ACTION: It was explained that the policy statement, upon approval by Council, will be the backbone of Roanoke's Environmental Management System; and Council's approval is necessary to enable immediate steps to incorporate the environmental management system into Roanoke's standard business practices and to initiate employee training. The City Manager recommended that Council approve a proposed Environmental Policy for the City of Roanoke. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: (#34689-022200) A RESOLUTION adopting an Environmental Policy for Roanoke. (For full text of Resolution, see Resolution Book No. 62, page 498.) Mr. White moved the adoption of Resolution No. 34689-022200. The motion was seconded by Mr. Harris. Mr. William Tanger, 223 Albemarle Avenue, S. W., (business address) advised that he finds no fault with the City's proposed environmental policy; however, he encouraged more specificity whereby the City will periodically review environmental objectives. He spoke in support of an annual environmental review that would provide citizens with a report on how the City rates in regard to such subjects as air quality, solid waste, and condition of the City's water supply for both drinking and swimming, etc. Upon question, the City Manager indicated that Council will receive an interim report on implementation of the environmental policy within three to six months, followed by annual reports. Resolution No. 34689-022200 was adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Hudson and Mayor Bowers ........................................................... 7. NAYS: None ....................................................................... 0. SEWERS AND STORM DRAINS-BUDGET-WATER RESOURCES: The City Manager submitted a written report advising that the No. 7 methane gas powered blower engine at the Water Pollution Control Plant has been in service since 1973 and has outlived its economic life and needs to be replaced; it has been determined that a variable frequency drive electric motor will provide dependable service with less maintenance and repair than the present engine; after proper advertisement, proposals were received on January 7, 2000, for the design of the 1750 HP 4160 Volt variable frequency drive electric motor, development of contract documents for construction of the motor, and supervision of the purchase and installation of the motor at the Water Pollution Control Plant; bids will be taken on the motor and installation after completion of contract documents; and only one proposal was received from Spectrum Engineers, P. C. It was further advised that Spectrum Engineers, P. C. designed the original 1700 HP direct drive motor and related work; after interviewing the firm, the review team deemed Spectrum Engineers capable of the design work for the project, and a fee for engineering design and other services was negotiated in the amount of $21,000.00; it is estimated that cost of construction of the project is $550,000.00; therefore, the fee for design and other services is reasonable; and funding exists in the Water Pollution Control Plant Retained Earnings Account to be transferred as follows: 66 ACTION: Fee for Services Advertising, reproduction of contract documents, etc. Total $21,000.00 2,000.00 $23,000.00 Funding needs to be appropriated to a new capital account in the Sewer Fund entitled, "Variable Frequency Drive Electric Motor." The City Manager recommended that Council adopt a proposed budget ordinance to appropriate funds for a contract with Spectrum Engineers, P. C., to perform the above described services. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34690-022200) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Sewage Treatment Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 499.) Mr. Trout moved the adoption of Ordinance No. 34690-022200. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Hudson and Mayor Bowers ........................................................... 7. NAYS: None ....................................................................... 0. SEWERS AND STORM DRAINS-BUDGET-FLOOD REDUCTION/CONTROL: The City Manager submitted a written report advising that drainage problems have existed for many years along Salem Turnpike in the vicinity of 29th Street to 31st Street, adjacent to the Lansdowne Park neighborhood, which include standing water on and along the roadway and drainage and erosion problems on private property; the scope of work for a project to address the situation will include evaluation of drainage watersheds for the area and preparation of engineering design and construction documents for drainage structures and systems as required and within the project budget. ACTION: funding established in the 1997 Bond Referendum; following a Request for Proposals and review of proposals, Lumsden Associates, P. C., was selected to perform design services for the project; the proposed contract with Lumsden Associates, P. C., provides for an engineering design of the Salem Turnpike Drainage Project within the construction and property rights acquisition budget of $458,420.00; engineering design will utilize grading, curb and gutter, storm drain piping and drainage structures as required; Lumsden Associates, P. C., submitted a proposal of $37,800.00 for professional design services and adding a ten per cent ($3,780.00) contingency for potential scope of work changes in project design would bring the total fee to $41,580.00; and information mailers will be sent to individual property owners and neighborhood meetings will be scheduled from conceptual to final design phases. The City Manager recommended that Council transfer funds for the design of the Salem Turnpike Drainage Project, 29th Street to 31st Street, as follows: Public Improvement Bond Series 1992A, Account No. 008-052-9700-9176 Public Improvement Bond Series 1996, Account No. 008-052-9701-9176 Total $18,280.00 23,300.00 $41,580.00 (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34691-022200) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 500.) Mr. Trout moved the adoption of Ordinance No. 34691-022200. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Hudson and Mayor Bowers ........................................................... 7. NAYS: None ....................................................................... 0. 67 68 Council Member Swain advised that itwas his understanding that a meeting will be scheduled in the near future by City staff regarding the Forest Park Watershed situation, and suggested that neighborhood leaders be invited to participate. BUDGET-CONSULTANTS REPORTS-WATER RESOURCES: The City Manager submitted a written report advising that in response to the 1999 drought and water conservation efforts, City staffwas directed to investigate alternative water supply sources; one such alternative is the use of groundwater, more commonly known as wells; a Preliminary Groundwater Resource Development Report was prepared for the City by HSI Geotrans of Glen Allen, Virginia, which concluded that there is a good opportunity for development of groundwater resources in the City of Roanoke and identified eight potential well sites; and one production well has been drilled and placed into service at the Carvins Cove Water Treatment Plant which is currently producing approximately 300,000 gallons of water per day. It was further advised that the proposed engineering services contract with Mattern & Craig, Inc., and its subcontractor, HSI Geotrans, will provide for further groundwater resource development; the contract will provide engineering services for the design and development of construction documents for one additional production well at Carvins Cove, a well system to provide potable water to the concession area at Carvins Cove, and one production well to be located in southeast Roanoke City; and contract value is $135,525.00 and estimated total cost of developing the proposed wells, including the contract, is approximately $625,000.00. The City Manager recommended that she be authorized to execute a contract with Mattern & Craig, Inc., for groundwater development, in a form to be approved by the City Attorney, at an initial contract value of $135,525.00; and authorize the Director of Finance to appropriate $150,000.00 from Water Fund Retained Earnings to an account entitled, "Groundwater Development", to provide funds for the contract and a $14,475.00 contingency fund. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34692-022200) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Water Fund Appropriations, and providing for an emergency. ACTION: ACTION: (For full text of Ordinance, see Ordinance Book No. 62, page 501.) Mr. Trout moved the adoption of Ordinance No. 34692-022200. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Hudson and Mayor Bowers ........................................................... 7. NAYS: None ....................................................................... 0. Mr. Trout offered the following resolution: (#34693-022200) A RESOLUTION authorizing a contract with Mattern & Craig, Inc., for engineering services for the design and development of construction documents and related work for wells or systems for alternative water supplies. (For full text of Resolution, see Resolution Book No. 62, page 502.) Mr. Trout moved the adoption of Resolution No. 34693-022200. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Hudson and Mayor Bowers ........................................................... 7. NAYS: None ....................................................................... 0. POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager submitted a written report advising that the Police Department currently has no specialized domestic violence response unit; felony domestic violence crimes are investigated by the Criminal Investigations Bureau, while most misdemeanor domestic violence crimes are investigated by the patrol officer who receives the initial report; and the need exists to provide investigation, support, and documentation of domestic violence offenses in the City. It was further advised that the Virginia Department of Criminal Justice Services (DCJS) provides annual grant funds for activities which increase the apprehension, prosecution, and adjudication of persons committing violent crimes against women, which program is known as "Services, Training, Officers, Prosecution Violence Against Women (V-STOP); in calendar year 1999, DCJS grant funds provided the Police Department with a half-time Domestic Violence Specialist 69 7O ACTION: who provided services to 630 victims of domestic violence; DCJS grant funds, in the amount of $33,721.00, have been awarded for calendar year 2000, which funds will expand the half-time Domestic Violence Specialist to a full-time position to provide services to approximately 1400 victims; and V-STOP funding will continue through 2001 and is anticipated to be extended through 2003, with annual reapplication for funds required. The City Manager explained that to fully implement V-STOP grant activities, the City will provide an in-kind match of $22,212.00; and as the City in-kind match, a Senior Police Officer will work part-time (salary plus benefits) investigating domestic violence cases in coordination with the Domestic Violence Specialist civilian position. The City Manager recommended that Council authorize acceptance of grant funds and that she be authorized to execute grant agreement(s) and any other grant documents related to the V-STOP grant; and that Council appropriate $33,721.00 from the Virginia Department of Criminal Justice Services V-STOP grant program to accounts established by the Director of Finance in accordance with State grant requirements. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#34694-022200) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 502.) Mr. Hudson moved the adoption of Ordinance No. 34694-022200. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Hudson and Mayor Bowers ........................................................... 7. NAYS: None ....................................................................... 0. Mr. Hudson offered the following resolution: (#34695-022200) A RESOLUTION accepting the Services, Training, Officers, Prosecution Violence Against Women (V-STOP) Grant offer made to the City by the Virginia Department of Criminal Justice Services and authorizing execution of any required documentation on behalf of the City. ACTION: (For full text of Resolution, see Resolution Book No. 62, page 504.) Mr. Hudson moved the adoption of Resolution No. 34695-022200. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Hudson and Mayor Bowers ........................................................... 7. NAYS: None ....................................................................... 0. Council Member Wyatt inquired as to the specific type of training required for the Senior Police Officer investigating domestic violence cases; whereupon, the Director of Public Safety advised that he would provide detailed information regarding the nature of training. POLICE DEPARTMENT-TELEPHONE COMPANIES: The City Manager submitted a written report advising that the City has supported the C. A. R. E. Patrol since it began on May 21, 1997; C. A. R. E. is an acronym for a trained group of citizen volunteers known as the Crime Abatement Residential Effort Patrol; the Patrol is a citizen organization that voluntarily patrols designated neighborhoods in teams with cellular telephones donated by U. S. Cellular; the teams are not permitted to intervene in any way other than to observe and report information; the Police C. A. R. E. Advisor trains the C. A. R. E. members on limitations and patrol techniques; the Police Department acts in an advisory capacity to the C. A. R. E. Patrol, which is self-governed and operates within bylaws; U. S. Cellular also provides cellular phones and services to Roanoke Police Department participants in U. S. Cellular's S. A. F. E. program for domestic violence; the cellular telephones are used only in dialing 911 emergency services; citizen interest in the program is high and there is an increase in the sense of volunteerism, with three additional classes having been held to train more citizens in the use of cellular phones; and in order to continue the use of the cellular telephones, U. S. Cellular requires that a liability release be executed on behalf of the City. The City Manager recommended that she be authorized to execute the agreement with U. S. Cellular. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following resolution: 71 72 ACTION: (#34696-022200) A RESOLUTION authorizing execution of an agreement between the City of Roanoke and U.S. Cellular, providing for use of cellular phones for the Crime Abatement Residential Effort (C.A.R.E.) patrol program. (For full text of Resolution, see Resolution Book No. 62, page 505.) Mr. Hudson moved the adoption of Resolution No. 34696-022200. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Hudson and Mayor Bowers ........................................................... 7. NAYS: None ....................................................................... 0. HOUSING/AUTHORITY-HIGHER EDUCATION CENTER- DOWNTOWN NORTH-HENRY STREET REVIVAL COMMITTEE-BUDGET: The City Manager submitted a written report advising that on September 14, 1999, the City approved an agreement between the City of Roanoke, the Roanoke Higher Education Authority and the Roanoke Redevelopment and Housing Authority by which the City granted $2.5 million to the Roanoke Higher Education Authority (RHEA) to be used to renovate and to improve the Roanoke Higher Education Center building. It was further advised that the City has completed a study of the need for infrastructure to be constructed on City-owned property and rights-of-way in the Greater Gainsboro Development Area, which includes the Higher Education Center, as well as RNDC projects and the planned apartment project in the GOB-S Building; the City has identified $3 million to be funded over a period of four years to improve the various infrastructure elements; the three project groups have reviewed the plan and agreed upon the elements which should be funded; il is the desire of all project participants and the City to complete improvements expediently and efficiently; the Housing Authority is willing to amend its contract with the architects and engineers in order to design and engineer all agreed upon infrastructure improvements in the Greater Gainsboro Development area; the City is agreeable to granting the Housing Authority additional funds, in the amount of $131,500.00, to accomplish design and engineering work; and funding is available in Account No. 035-G00-030- 5286, Greater Gainsboro Development Project. ACTION: ACTION: The City Manager recommended that Council approve Amendment No. 1 to the Agreement; and adopt a budget ordinance appropriating funds to design and engineer infrastructure improvements in the Greater Gainsboro area. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (#34697-022200) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects and Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 505.) Ms. Wyatt moved the adoption of Ordinance No. 34697-022200. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Hudson and Mayor Bowers ........................................................... 7. NAYS: None ....................................................................... 0. Ms. Wyatt offered the following emergency ordinance: (#34698-022200) AN ORDINANCE authorizing Amendment Number 1 to an Agreement dated September 14, 1999, among the City of Roanoke (City), the Roanoke Higher Education Authority (RHEA), and the Roanoke Redevelopment and Housing Authority (RRHA) to provide for certain funds to be granted by the City to the RRHA and in turn to the RHEA to have additional design and engineering services performed for designing infrastructure improvements in the Greater Gainsboro Development Area (also known as the Downtown North Project Area); and providing for an emergency.? (For full text of Ordinance, see Ordinance Book No. 62, page 507.) Ms. Wyatt moved the adoption of Ordinance No. 34698-022200. The motion was seconded by Mr. Hudson and adopted by the following vote: 73 74 ACTION: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Hudson and Mayor Bowers ........................................................... 7. NAYS: None ....................................................................... 0. DIRECTOR OF FINANCE: CITY SHERIFF-PENSIONS-CITY EMPLOYEES-GRANTS: The Director of Finance and the City Sheriff submitted a joint written report advising that the Virginia General Assembly of the Commonwealth and the Internal Revenue Service approved eligible Virginia Retirement System (VRS) members to purchase prior service credit on a tax- deferred basis; and employees of the City Sheriff are members of VRS and have requested the availability of this option. It was further advised that in order to offer the option of tax- deferred purchase of prior service credit, Council must adopt the appropriate measure; the purchase must then be made through payroll deduction and the participating VRS member must sign an irrevocable salary reduction payroll agreement detailing the terms (cost and time frame of service to be purchased) of the purchase prior to payroll deductions. The Director of Finance and the City Sheriff recommended that Council adopta resolution which provides authorization for the Director of Finance to establish administrative procedures for tax-deferral of VRS purchased service. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution' (#34699-022200) A RESOLUTION authorizing the pick up of the employee's contribution to Virginia Retirement System (VRS) for past service credit under §414(h) of the Internal Revenue Code. (For full text of Resolution, see Resolution Book No. 62, page 508.) Mr. White moved the adoption of Resolution No. 34699-022200. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Hudson and Mayor Bowers ........................................................... 7. NAYS: None ....................................................................... 0. Council Member Swain requested a clarification on whether there are other departments in the City where the same conditions exist; whereupon, the Director of Finance responded in the affirmative, and advised that the City is required to obtain a ruling from the Internal Revenue Service to deduct the contribution on a pre tax basis. In view of the fact that the Director of Finance advised that approximately 200 persons are similarly situated, which are primarily persons who have worked for the City in some capacity as grant employees and receive no retirement credit in the pension system, Mr. Swain requested a review of the matter and advocated that whatever the City does for one employee, it should do for all employees. The City Manager responded that two issues are involved and the Director of Finance and his staff are addressing both: one has to do with the issue of portability where employees who have worked elsewhere in the Commonwealth of Virginia under a different retirement system may be able to transfer those benefits to the City's system and, in some cases, purchase certain additional benefits because the systems are not identical; and the second issue pertains to those employees who, in the past and currently, have been paid through grants which is a complicated topic and subject to Internal Revenue Service types of rulings. She stated that she is committed to insuring that there is equity among Roanoke City employees. CITY CLERK: CITY CLERK-SCHOOLS: The City Clerk submitted a written report advising that on June 30, 2000, the three year terms of office of F. B. Webster Day, Marsha W. Ellison and Sherman P. Lea as Trustees of the Roanoke City School Board will expire; pursuant to Chapter 9, Education, of the Code of the City of Roanoke (1979), as amended, establishing a procedure for the election of School Trustees, Council must hold certain meetings and take certain actions during the months of March, April and May to conform with the selection process; therefore, she requested the concurrence of Council in establishing the following dates: 75 76 ACTION: On Monday, March 20 at 6:00 p.m., Council will hold an informal meeting (reception) which will be open to the public with all candidates for School Trustee in the Emergency Operations Center Conference Room, Room 159, Municipal Building South. On Monday, March 20 at 7:00 p.m., or as soon thereafter as the matter may be heard, Council as a Committee of the Whole, will review and consider all candidates for the position of School Trustee; at such meeting, Council shall review all applications filed for the position and Council may elect to interview candidates for such positions. On Monday, April 3 at 2:00 p.m., or as soon thereafter as the matter may be heard, Council will, by public vote, select from the field of candidates, those candidates to be accorded the formal interview and all other candidates will be ~liminated from the School Trustee selection process; the number of candidates to be granted the interview shall not exceed three times the number of positions available on the Roanoke City School Board, should there be so many candidates. On Monday, April 17 at 7:00 p.m., or as soon thereafter as the matter may be heard, Council will hold a public hearing to receive the views of citizens. On Tuesday, April 18 at 4:30 p.m., Council will hold a meeting for the purpose of conducting a public interview of candidates for the position of School Trustee. On Monday, May 15 at 2:00 p.m., or as soon thereafter as the matter may be heard, Council will hold an election to fill the two vacancies for terms commencing July 1, 2000, and ending June 30, 2003. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that Council concur in the proposed dates. The motion was seconded by Mr. Harris and unanimously adopted. REPORTS OF COMMITTEES: POLICE DEPARTMENT-BUDGET: Council Member Carroll E. Swain, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for construction of the new Roanoke Police Building consisting of 20,000 square feet of floor space on two floors, plus a partial basement and a third floor, plus remodeling of the original two floors to accommodate 24 hour police activities; an additional 7,600 square feet of space was added to the back of the building at the basement and first floor level to accommodate other 24-hour police functions for a total project area of 37,600 square feet; and Police Department Administration will remain in the Third Street Building until Phase II of the building and will duplicate the square footage. It was further advised that bids were received on December 22, 1999, with Thor, Inc., submitting the lowest responsible and responsive bid, in the amount of $4,335,000.00 and 390 consecutive calendar days construction time; the bid exceeded available funding, therefore, negotiations took place for which a reduction in the cost of the contract resulted in a contract amount of $4,015,200.00; the cost of furniture/equipment, in the amount of $575,000.00, and police lockers, in the amount of $122,500.00, for a total of $697,500.00 needs to be funded; the City Manager has recommended that the $697,500.00 be funded in next year's operating budget through lease-purchase, which brings the contract amount to $4,015,200.00; and funding needs for the project include: Negotiated Contract Project contingency Increase in AlE fee Asbestos abatement Water service (fire & domestic) $4,015,200.00 22O,O0O.0O 26,430.00 41,000.00 15,939.00 $4,318,569.00 Funding is available as follows: From 1994 Bonds From 1999 Bonds Undesignated Capital Projects Fund CMERP Balance 700,000.00 3,349,270.00 169,299.00' 100,000.00 $4,318,569.00 77 78 ACTION: *This funding is derived from the fiscal year 1999 Sale of the Juvenile Detention property to the Roanoke Valley Detention Commission. The Bid Committee recommended and the City Manager concurred that Council award a negotiated contract to Thor, Inc., in the amount of $4,015,200.00 and 390 consecutive calendar days construction time, in accordance with contract documents as prepared by Ronald M. Martin & Associates, P. C. (t/a Martin & Associates, P. C.); authorize the City Manager to enter into a contractual agreement; transfer/appropriate funds as above set forth and authorize the Director of Finance to establish a new capital account entitled, "Roanoke Police Building"; and reject all other bids received by the City for the work. (For full text, see reports on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#34700-022200) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 509.) Mr. Swain moved the adoption of Ordinance No. 34700-022200. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Hudson and Mayor Bowers ........................................................... 7. NAYS: None ....................................................................... 0. Mr. Swain offered the following emergency ordinance: (#34701-022200) AN ORDINANCE accepting the bid of Thor, Incorporated, for the construction of the New Roanoke Police Building, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 511.) ACTION: ACTION: Mr. Swain moved the adoption of Ordinance No. 34701-022200. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Hudson and Mayor Bowers ........................................................... 7. NAYS: None ....................................................................... 0. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: None. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: COUNCIL-NORFOLK SOUTHERN CORPORATION-VIRGINIA TRANSPORTATION MUSEUM: Council Member White commended Council Member Carroll E. Swain for his leadership in an oral history project cataloging employees' experience working for NW, a Norfolk Southern predecessor, between the years 1930 and 1970, which experiences are highlighted in a permanent exhibit at the Virginia Museum of Transportation. (See article in Paces, a Norfolk Southern publication). OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 4:10 p.m., the Mayor declared the meeting in recess. At 4:20 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. COUNCIL: With respect to the Closed Meeting just concluded, Mr. Swain moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements underthe Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Trout and adopted by the following vote: 79 8O AYES: Council Members Swain, Trout, White, Wyatt, Harris, Hudson and Mayor Bowers ........................................................... 7. NAYS: None ....................................................................... 0. At 4:20 p.m., the Mayor declared the meeting in recess until 7:00 p.m. On Tuesday, February 22, 2000, at 7:00 p.m., the Roanoke City Council reconvened in regular session in the Exhibit Hall of the Roanoke Civic Center, 710 Williamson Road, N. W., City of Roanoke, pursuant to Resolution No. 34685-020700, adopted February 7, 2000, with the following Council Members in attendance, Mayor Bowers presiding. PRESENT: Council Members Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt, C. Nelson Harris, W. Alvin Hudson, Jr., and Mayor David A. Bowers ..................................................... 7. ABSENT: None .................................................................. 0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Sr., Assistant City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Vice- Mayor Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Boy Scout Troop 210, South Roanoke Methodist Church. HEARING OF CITIZENS: PROCLAMATIONS-SCHOOLS: The Mayor presented a Proclamation declaring Thursday, March 2, 2000, as "Read Across America Day" to Eric Fisher, representing the Roanoke Education Association. POLICE DEPARTMENT-TRAFFIC-TOWING CONTRACT: Thomas A. Woods, representing Woods Towing and Recovery and Tanglewood Towing, advised that towers have been informed by the City Police Department that they must appear before City Council and request certain changes to the towing contract with the City of Roanoke; whereupon, he called attention to tweproposals that will be presented for Council's consideration. He stated that representatives of approximately 20 towing companies who are currently on the Roanoke City Police towing list were in attendance, consisting of 250 employees and 75 tow trucks, representing a $7 - 10 million local industry, with approximately $150,000.00 - $200,000.00 in tax revenue. He advised that Roanoke City is fortunate to have the caliber of towers and towing equipment that is available in the Roanoke Valley, and in order to maintain the industry's image and to continue to serve Roanoke City towing needs, Council's assistance is needed in updating the current City contract. Linda Jean, General Manager, West Star Towing, spoke on behalf of the towers on the police rotation list, and addressed the issue of storage of vehicles towed by those towers on the rotation list. She explained that the City of Roanoke maintains a list of pre approved towers which is used to tow abandoned, seized, wrecked or disabled vehicles that are called on an as needed basis, 24 hours a day, seven days a week. She stated that unlike other cities and towns which use a rotation list and allow towers to use their own storage facilities, the City of Roanoke has a policy to store the vehicles in house at the City of Roanoke storage lot on Courtland Road. Besides being a conflict of interest, she added that this process is extremely burdensome for a person who is trying to retrieve their vehicle, and the procedure takes management of the business out of the hands of the towers, because the storage of these vehicles is generally not a police issue. She explained that currently, all vehicles removed for non compliance with City Code provisions are towed to the towers storage facility and not the City impound lot. She explained that under the current process, the tower bills the Police Department for the tow causing an administrative exercise that the Police Department would not have to participate in if the towers were allowed to tow the vehicles directly to their own storage facilities. She advised that the storage lot is a fenced in lot that is located 1.9 miles from the police station which requires the citizen to first go to the police department to pay the tow bill, obtain a receipt and go to the impound lot where they must wait for a police officer to open the gate, the police officer is detained while the wrecker hooks up the vehicle and removes it from the impound lot which is another unnecessary use of the police officer's time. She advised that under the present plan, the police officer may, at his or her discretion, advise the tower to take the vehicle to the tower's storage lot and since this flexibility currently exists, it would seem to be a minor change to establish this procedure as a standard practice. She added that towing vehicles to the tower's facility would make the process easier for the customer and would enable the tower to manage the complete tow from 81 82 ACTION' beginning to end, thereby giving the customer one point of contact, ease the burden on the Police Department, and eliminate the waste of valuable time by police officers. Ron Jean, representing West Star Towing, presented the second proposal which is the need for appointment of an advisory board, because there are many facets of towing and recovery work such as abandoned vehicles, wrecked vehicles, etc., and under the present contract, all tows are lumped into one set standard by the City. He recommended that the advisory board consist of representatives of the police department, towing companies and citizens who would be charged with the responsibility of reviewing issues and compiling specific criteria for submittal to Council. Robert Young, 210 Carver Avenue, N. E., called attention to the lack of guidelines addressing the recovery of vehicles. Charles Brown, 210 Baker Street, N. W., spoke in support of appointment of an advisory board which would address outdated issues to a towing contract that has not been revised since 1992. Mr. Hudson moved that the matter be referred to the City Manager and the City Attorney for study, report and recommendation to Council. The motion was seconded by Mr. Trout and unanimously adopted. PUBLIC HEARINGS: STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Tuesday, February 22, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the Northwest Neighborhood Environmental Organization, Inc., that a certain section of Centre Avenue, N. W., extending from its intersection with 9th Street, to a point of termination at the eastern most right-of-way boundary of 10th Street; and a portion of a public alley extending in a westerly direction from its intersection with 9th Street, to the easternmost property line of Official Tax No. 2111914, 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 Thursday, February 3, and Thursday, February 10, 2000, and in The Roanoke Tribune on Thursday, February 10, 2000. (See publisher's affidavits on file in the City Clerk's Office.) . _ ACTION: A report ofthe City Planning Commission recommending thatthe request be approved, subject to certain conditions, was before Council. (For full text, see report on file in the City Clerk's Office.) James Lesniak, Executive Director, Northwest Neighborhood Environmental Organization, Inc., appeared before Council in support of the request. Mr. Trout moved that the following ordinance be placed upon its first reading: (#34702) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 62, page 512.) The motion was seconded by Mr. Swain. The Mayor inquired if there were persons present who would like to address Council with regard to the request. There being none, Ordinance No. 34702 was adopted, on its first reading, by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Hudson and Mayor Bowers ........................................................... 7. NAYS: None ....................................................................... 0. ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Tuesday, February 22, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke that properties located in the 900 block of Centre Avenue, N. W., more specifically described as Official Tax Nos. 2112503 - 2112512, inclusive, and 2111914 -2111922, inclusive, be rezoned from LM, Light Manufacturing District, to RM-3, Residential Multifamily, High Density District. Legal advertisement of the public hearing was published in The Roanoke *rimes on Thursday, February 3, and Thursday, February 10, 2000, and in The Roanoke Tribune on Thursday, February 10, 2000. (See publisher's affidavits on file in the City Clerk's Office.) 83 84 ACTION: A report of the City Planning Commission recommending that Council approve the request for rezoning, advising that the proposed development will provide needed residential opportunities to the neighborhood and strengthen investment in the area, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that the following ordinance be placed upon its first reading: (#34703) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 211, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 62, page 515.) The motion was seconded by Mr. Swain. The Mayor inquired if there were persons presentwho would like to address Council with regard to the request. There being none, Ordinanco No. 34703 was adopted, on its first reading, by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Hudson and Mayor Bowers ........................................................... 7o NAYS: None ....................................................................... 0. ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Tuesday, February 22, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke that properties located in the southwest quadrant of the City, generally known as the Greater Raleigh Court area, be rezoned from RM-1, Residential Multifamily, Low Density District, to RS-3, Residential Single Family District, and from RM-2, Residential Multifamily, Medium Density District, to RM-1, Residential Multifamily, Low Density District. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, February 3, and Thursday, February 10, 2000, and in The Roanoke Tribune on Thursday, February 10, 2000. (See publisher's affidavits on file in the City Clerk's Office.) ACTION: A report of the City Planning Commission recommending that Council approve the comprehensive rezoning petition which supports the adopted plan for Greater Raleigh Cburt and the City's Comprehensive Plan, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. Harris moved that the following ordinance be placed upon its first reading: (#34704) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 123, 124, 132, 133, 134, 142, 143, 144 and 145, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 62, page 516.) The motion was seconded by Mr. Hudson. The Mayor inquired if there were persons present who would like to address Council. Evelyn S. Lander, Chief, Planning and Community Development, reviewed details of the proposed rezoning. (See pages 52 - 55.) The Mayor advised of telephone calls from Ms. Lisa Knappe, 2220 Westover Avenue, S. W., Ms. Christy Jackson, 2145 Westover Avenue, S. W., and a communication from Mr. Matthew Despard, 1934 Avon Road, S. W., in support of the proposed rezoning. Mr. John Wilson, 1550 Terrace Road, S. W., advised that he owns two duplexes on Terrace Road and supports the proposed rezoning. He stated that his property is currently zoned RM-1 and will be rezoned to RS-3 under the proposal before Council; he can continue to rent his property as a duplex, sell it as a duplex and the new buyer could continue to rent the structure as a duplex, however, there is a provision in the proposed ordinance that provides if the duplex is damaged by more than 50 per cent of its assessed value, the structure cannot be rebuilt as a duplex and rented as a duplex. As a property owner, he expressed concern, because if one side of the structure were to burn down and the fire wall were to save the other halt~.of the duplex, his fire insurance company would cover only 50 per cent of the cost of rebuilding; thus, he would have to raze the duplex and reconstruct the structure as a single family dwelling. From a financial standpoint, he stated that he would be at a disadvantage because he would not be 85 86 able to generate the same rental income from a single family dwelling that he receives from a duplex unit; and it could be difficult to sell the duplex because some mortgage companies may not view the 50 per cent reconstruction provision as a good selling point. Mr. George Akers, 4470 Farmwood Drive, S. W., a rental property owner in the area, advised that, in general, he supports the proposed rezoning for the positive growth of the Raleigh Court area. He stated that the proposed rezoning is needed for planning and orderly growth as long as it is administered fairly and equitably and if provisions are made for variances when appropriate. He explained that the 50 per cent reconstruction provision is a hardship for rental property owners who have invested in the area and the provision could dramatically impact marketing, resell and insurance coverage relative to restoration of the properties; therefore, he requested that Council favorably consider a proposal to revise the ordinance as it relates to the 50 per cent destroyed by fire or other disaster. He noted that not all landlords in the City of Roanoke are uncaring, there are landlords who are committed to keeping their property in excellent condition without the threat of punitive action by City government, and requested that Council be pro-active and visionary in its approach to landlord relationships and consider offering certain incentives and encouragement to rental property owners who make property improvements. Mr. William Skeen, 1938 Avon Road, S. W., advised that what is proposed for Raleigh Court will spread throughout the City and help the remainder of Roanoke's neighborhoods as they struggle to maintain their own identity and their special character. He expressed support of the proposed ordinance by Council which will provide quality housing in the City and in Raleigh Court, return Roanoke's neighborhoods to their historic significance and glory, stabilize housing values, and Roanoke's future real estate tax base, stabilize neighborhoods and improve the quality of life and the long term health visibility and viability of the City. Brenda McDaniel, 2037 Carter Road, S. W., President, Raleigh Court Civic League. She advised that Council's action will have a profound impact on one of the City's oldest and most vibrant neighborhoods and on the City of Roanoke as a whole. On behalf of the Greater Raleigh Court Civic League, she stated that the proposal will help to preserve the quality of life in the Raleigh Court area, encourage preservation of the neighborhood's ageing housing stock, stem the tide of middle and upPer income taxpayers from moving out of the City and into surrounding areas, and promise stability of investment to young~ f~milj'6s 'lOoking for a safe, attractive neighborhood in which to raise their children. She advised that the proposed zoning amendment will not put an end to rental property in Greater Raleigh Court, because it has never been the intent of the Greater Raleigh Court Civic League to eradicate rental property from the neighborhood, the proposal will not make it harder for renters to find suitable housing in Raleigh Court, and the proposal will not change the current use of any property if it is a legal use since all legal uses will be grandfathered. She stated that the Greater Raleigh Court Civic League strongly supports the recommendation of the City Planning Department that the 50 per cent provision be eliminated so that if a property is destroyed by fire or other disaster, it can be rebuilt to its original use. She advised that Raleigh Court does not aspire to become an elitist community, but neither does it want to become a sprawling apartment complex; Raleigh Court is trying to maintain balance, because over the past 20 years, the number of single family houses in Raleigh Court that have been converted to multi family housing use has increased alarmingly, with the percentage of owner occupied units in Raleigh Court declining from 71 percent in 1980 to $6 per cent in 1990, while at the same time, the number of renter occupied units increased from 29 per cent to 44 per cent and the percentage of all rental occupied units in Raleigh Court is higher than that in the City of Roanoke as a whole. She noted that Raleigh Court values a diverse population; however, it does not want the kinds of problems that come when people stop caring about and investing in their neighborhoods; therefore, on behalf of the Greater Raleigh Court Civic League, she asked that Council be stewards of the life blood of the City and adopt the proposal as recommended by the City Planning Commission. Dr. Anthony Stavola, 1836 Greenwood Road, S. W., advised that the amendment before Council is a recognition that a major increase in multi-family housing can have a strong impact on the quality of life for all residents in an older neighborhood like Raleigh Court, with narrow streets, small lots, and limited parking. He stated that residents support the idea of allowing property owners to rebuild their property to its current use in the event of destruction of the property. He noted that the theme is balance, balance between single and multi family housing, between owner occupied and rental housing, between young and old, between family and single, between rich and poor which is a balance that makes Raleigh Court such a vibrant and dynamic neighborhood. He advised that if the rezoning is not approved, that balance will be lost with increased rental and multi family housing which will be accompanied by a transient population, greater stress on the infrastructure, and deteriorating housing stock. He called attention to the benefit of the proposed rezoning -- homeowners will get a stable 87 88 neighborhood that encourages them to continue to reside in the area, patronize businesses, send their children to neighborhood schools, and invest in their property; rental property owners will benefit from greater property values; renters will benefit from living in a safe and stable neighborhood; and the City will benefit from a stronger tax base as property values improve and from the lowering of the needs for City services. Mr. Matthew Despard, 1934 Avon Road, S. W., advised that this issue is not about renters versus homeowners, but about maintaining a healthy balance of housing types, and homeowners and renters have a vested interest in maintaining the current quality of life in Raleigh Court. He advised that he was attracted to the Raleigh Court area because of the rich mix of housing and the opportunity for both homeowners and renters to share a high quality of life. He stated that the City can ill afford to see the continuing flight of individuals and families to the suburbs; and the proposal provides the City with an opportunity to act proactively to preserve a neighborhood with aging homes and an older housing stock which is a rarity among United States cities of today and also provides for a balance of housing types and people with different incomes who care about their City. Mr. Robert Richert, 415 Allison Avenue, S. W., spoke in support of the prol~osed rezoning, and advised that Old Southwest understands the consequences of allowing investor driven housing development to go too far, and it is to Raleigh Court's credit that neighborhood leaders have taken this action. He stated that persons who live in the inner City have recognized over the years that living in the City is a matter of give and take and the greater good is part of the consideration that has to be made. He urged that Council support Greater Raleigh Court and vote in favor of the proposed rezoning amendment. Mr. A. L. Wade, Box 3358, Roanoke, spoke in opposition to the rezoning of the Raleigh Court area. He stated that people who rent are generally decent and law abiding individuals who should be allowed to live in any area of the City that they can afford. He advised that more decent housing in Roanoke City is needed, not less; the population of the City of Roanoke is decreasing and this proposed rezoning will lead to further population loss. Ms. Lisa Knappe, 2220 Westover Avenue, S. W., addressed Council in support of the proposed rezoning. She implored Council to enforce ordinances that are currently in effect dealing with rental units that will prevent certain types of behavior by residents and code enforcement to insure that rental units are safe for people to inhabit. Mr. Rick Williams, 3725 Sunrise Avenue, N. W., appeared before Council on behalf of the Williamson Road Action Forum which supports the proposed rezoning, and noted that the proposed rezoning is an example of how the City should put the provisions of Roanoke Vision, the City's Comprehensive Plan, into practice. He stated that the Williamson Road Action Forum looks forward to the day when it begins the same type of planning process for the Williamson Road area that will result in a plan for Williamson Road that will be as forward looking as the Raleigh Court plan. He expressed appreciation to the Raleigh Court Civic League and to the City Planning Commission for their vision, leadership and years of hard work in bringing the matter before Council and encouraged Council to support the proposed rezoning. Mr. Mike Urhbanski, 2108 Mount Vernon Road, S. W., addressed certain issues contained in a recent Editorial in The Roanoke Times which implied that the proposed rezoning is somehow bad for business. He advised that the statement is incorrect because stable and well maintained neighborhoods are crucial to the future of the City of Roanoke. He state that the Editorial suggested that the rezoning proposal is big government at its worst, which is also incorrect; and noted that the rezoning request was a grass roots movement by the residents of Greater Raleigh Court and not an exercise of big government imposing its will on the people, but rather an example of progressive government responding to the will of the people. He further stated that the Editorial ignores the fact that we live in a democratic society and an important part of living in a democratic society is respect for the laws and rights of others. He advised that the proposed rezoning is a prudent act of balance and compromise which is designed to project and improve the neighborhood, and Raleigh Court is requesting the adoption of reasonable regulations to project the sanctity of the neighborhood. Ordinance No. 34704, on its first reading, was adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Hudson and Mayor Bowers ........................................................... 7. NAYS: None ....................................................................... 0. 89 OTHER HEARING OF CITIZENS: 9O POLICE DEPARTMENT-ZONING-FIRE DEPARTMENT-CITY EMPLOYEES-FLOOD REDUCTION/CONTROL-HOTEL ROANOKE CONFERENCE CENTER: Mr. Douglas Trout, a citizen of Roanoke, addressed the following issues of concern: Alleged violation of the City's Fire Code; Alleged tenant/landlord dispute; Alleged loss of personal property/income as a result of the 1985 flood due to the lack of flood insurance and pressure by the City to move or relocate a business; Alleged failure of the Police Department to issue a missing persons report; Alleged refusal of a landlord to renew a lease because the City and the Hotel Roanoke Conference Center Commission had brought pressure on the landlord; and Alleged incorrect information provided by certain City employees regarding the zoning of property which resulted in considerable court costs and legal fees. There being no further business, the Mayor declared the meeting adjourned at 9:10 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Mayor FINANCIAL PLANNING SESSION ........... ROANOKE CITY COUNCIL March 4, 2000 8:30 a.m. The Council held its Financial Planning Session on Saturday, March 4, 2000, in the Director's Conference Room, Second Floor, Roanoke Regional Airport, with Mayor David A. Bowers presiding. PRESENT: Council Members C. Nelson Harris (arrived at 11:30 a.m.), W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers .................................................................................. 7. ABSENT: None ..................................................................................... 0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Sr., Assistant City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; Mary F. Parker, City Clerk; Robert H. Bird, Municipal Auditor; and Willard N. Claytor, Director, Real Estate Valuation. OTHERS PRESENT: Kit B. Kiser, Director, Utilities and Operations; Glenn D. Radcliffe, Director, Human Development; Robert K. Bengtson, Acting Director, Public Works; George C. Snead, Jr., Director, Public Safety; Diane S. Akers, Budget Administrator; Sherman M. Stovall, Budget/Management Analyst; Jesse A. Hall, Deputy Director of Finance; Alicia Stone, Financial Systems Accountant; Ann H. Allen, Manager, Accounting Services; and Loretta S. Spencer, Budget/Management Analyst. The City Manager advised that the input of Council is necessary as the City moves into the next budget cycle, and the Financial Planning Session will set the stage for how the City will operate and execute its future plans. The Director of Finance advised that the capital plan is one of the more significant plans adopted by Council, and estimated cost of project completion is summarized as follows: Buildings $ 29,453,839.00 Economic Development $ 34,776,114.00 Parks $ 9,064,546.00 Schools $ 22,825,000.00 Storm Drains $ 53,937,070.00 Streets Sidewalks and Bridges $ 58,891,544.00 Grand Total - Capital Fund $208,948,113.00 171,860,764.00 37,087,349.00 Proprietary Funds: Civic Center Sewage Treatment Fund Water Fund 2,170,299.00 28,744,415.00 1,436,000.00 Total Proprietary Funds $ 32,350,714.00 Grand Total - All Funds Current CIP $241,298,827.00 (For full text, see Exhibit I in document entitled Capital Improvement Program Fiscal Years 2000-2004, hereinafter referred to as workshop notebook, on file in the City Clerk's Office.) Ms. Akers reviewed unfunded capital project.requests, which are listed as Priority II and are not recommended for funding at this time; however, the projects will continue to be evaluated on a recurring basis and recommended to Council for programming as project priority and funding availability dictates, totaling $233,548,860.00. (For full text, see Exhibit 2 in workshop notebook on file in the City Clerk's Office.) The City Manager addressed basic infrastructure needs for fiscal year 2000- 2004, representing projects that need to be recommended to Council for funding over the next five years: Police Building, Phase II Regional Pound Facility Roanoke Centre for Industry and Technology - (RCIT) Other Economic Development Needs Parks Master Plan High School Facility Study Storm Drain Program Corp. of Engineers Mapping Project Curb, Gutter and Sidewalk Program $6,300,000.00 1,000,000.00 2,592,349.00 10,000,000.00 7,000,000.00 250,000.00 2,000,000.00 1,200,000.00 1,033,075.00 Total $ 31,375,424.00 There was discussion with regard to funding capital requests out of cycle, and some members of Council suggested that Council should establish guidelines pertaining to funding such requests and the feasibility of holding a ClP workshop in the fall of each year to prioritize funding requests well in advance of the City's budget cycle. The City Manager advised that whenever Members of Council receive requests for out of cycle funding, she would ask that Council encourage those citizens to submit their requests in writing to be included in discussions with Council at the appropriate time. The City Manager referred to other unfunded projects that staff believe should be funded at some point in fiscal year 2005 and beyond, as follows: Buildings: New Fire/EMS Stations New Main Library Long Range Facilities Plan One Stop Shop for Human Services Courts Building Additions Municipal Complex Renovations Civic Center Capital Maintenance/Parking Garage Economic Development: Interior Improvements to Virginia Museum of Transportation Parks: Parks Master Plan Projects Satellite Maintenance Facilities New Neighborhood Parks Regional/Community Parks Improvements Beautification Program for Major Access Routes Schools: High School Improvements Patrick Henry William Fleming Streets, Sidewalks and Bridges: Arterial Street Lighting Improvement Program Installation of New Traffic Signals In regard to library improvements, the City Manager advised that after meetings with the Chairperson of the Roanoke City Public Library Board, the Library Foundation, the City Librarian and the City's Director of Human Resources, she is of the opinion that the issue of where the main library should be located has not been adequately addressed, although its current location is not the best location. She stated that there is not an adequate constituency for the library to justify major d changes at this time, therefor, she would propose to take the next two - three years to develop the necessary library constituency before making any major recommendations for changes. She stated that certain cosmetic changes are in order in the range of $100,000.00 to begin the process of making the physical changes that will cause the library to be more appealing and user friendly. The City Manager advised that she has pledged her support to the Superintendent of Schools in regard to a pilot project to extend operating hours of some of the school libraries, which will require coordination of operating hours of neighborhood libraries with school libraries to prevent duplication of services. She stated that an attempt will be made to integrate the school library system with the public library system which is the reason that the main library was not included as a part of the 2000-04 list of projects. She called attention to other planning needs in downtown Roanoke, such as the location of a parking facility, and a downtown hotel, all of which involve a comprehensive planning process for the library over the next several years. There was discussion in regard to renovations to the Virginia Room in the main library; whereupon, the City Manager pointed out that improvements are almost complete and she would continue to review the needs of the Virginia Room. Ms. Wyatt suggested that staff from the City's Department of Technology be assigned to City libraries to assist citizens in learning to use computers. Ms. Allen reviewed debt capacity determinants, as follows: Current Debt Outstanding: Ability to fund new debt issues additional revenues expenditure relocations through re-engineering Importance of having a funding strategy: Increasing debt capacity, along with exploring alternative funding sources, is crucial to funding future capital projects She also reviewed a chart on debt service for fiscal year 2000-2014. (For full text, see page 11 of the workshop notebook.) Ms. Allen reviev.,'ed a chart on project debt service for fiscal year 2000-2006, which is inclusive of the next major general obligation bond issue and one high school issue. She advised that in order to afford a $31.4 million general obligation bond issue in 2003, there would need to be a $375,000.00 annual increase in debt service starting in fiscal year 2001; and to afford a $31.4 million general obligation bond issue in 2003 and a $17.5 million general obligation bond issue in 2005, there would need to be a $470,000.00 annual increase in debt service starting in fiscal year 2001. The Mayor inquired as to what the ratio of debt service to general fund expenditures would become should the City issue approximately $31.4 million of general obligation bonds in 2003 and approximately $17.5 million of general obligation bonds in 2005 for the General Fund contribution toward renovations at Patrick Henry High School; whereupon, with the concurrence of the Mayor, the Director of Finance advised that he would compile the information and respond at a later date. Ms. Allen reviewed a comparison of debt service and bonded debt between Roanoke, Alexandria, Lynchburg, Portsmouth, Richmond, Salem and Roanoke County. (For full text, see pages 15 and 16 of the workshop notebook on file in the City Clerk's Office.) Mr. Hall reviewed revenue highlights/economic trends, i.e: Low unemployment Inflation concerns Currently less than two per cent Strong real estate market Rising interest rates Mortgage Municipal bonds Increased Internet business Increasing regional competition State infringement on local taxing authority Meals tax E911 BPOL Personal property He reviewed a chart on general fund - local tax. revenue and a chart depicting a general fund preliminary revenue increase of $6,229,938.00 based on project dollar growth in the real estate tax, personal property tax, sales tax, utility tax, BPOL, meals tax, intergovernmental and all other. ~ (For full text, see pages 20 and 21 of the workshop notebook on file in the City Clerk's Office.) Mr. Hall reviewed revenue highlights in local taxes in regard to the real estate tax which shows an average growth of 3.4 per cent, a projected dollar growth of $1,363,215.00 in fiscal year 2001, for a 3.15 per cent projected growth in fiscal year 2001. He also reviewed figures in connection with the real property tax freeze for elderly/disabled homeowners which are proposed to increase from $415,622.00 in fiscal year 2000 to $559,785.00 in fiscal year 2001, for a 37 per cent increase; agriculture which is anticipated to decrease from $63,386.00 in fiscal year 2000 to $48,415.00 in fiscal year 2001, for a 24 per cent decrease; property rehabilitation which will increase from $121,000.00 in fiscal year 2000 to $166,094.00 in fiscal year 2001, for a 37 per cent increase; and property rehabilitation which will increase from $121,000.00 in fiscal year 2000 to $166,094.00 in fiscal year 2001, for a 37 per cent increase. Ms. Wyatt requested information on the financial impact to the City of increasing the income levels for tax exempt status for elderly/disabled homeowners to the State maximum allowable limit. Council Member Swain spoke in support of reducing the real estate tax rate, while enacting certain tradeoffs such as increasing the City's cigarette tax, or the City motor vehicle decal tax. The City Manager advised of a study which is underway by City staff with regard to reducing the percentage of improvements for homeowners to receive a tax abatement for property rehabilitation, which would encourage citizens to make home improvements. Mr. Hall reviewed revenue highlights regarding personal property tax, advising that fiscal year 2001 projected dollar growth is $2,122,000.00, or 10.02 per cent; fiscal year 2000 revenues are anticipated to exceed the budget; revenues were budgeted conservatively based on Iow growth in fiscal year 1998; fiscal year 1998 was the year of change from the "Red Book" to the NADA assessment book and fiscal year 2001 will be the fourth year of "No Car Tax" program, with the State to reimburse localities for 70 per cent of personal property tax on qualifying vehicles. He also reviewed intergovernmental revenues, advising that fiscal year 2001 projected dollar growth is $549,197.00, or a projected fiscal year 2001 per centage growth of 1.24 per cent. He explained that the Jail Block grant deceased $479,000.00, or 25.75 per cent, jail recovered costs will decrease approximately $350,000.00; House Bill 599 revenue increased $341,282.00, or 8.28 per cent; and Juvenile Detention Home Block Grant funds of approximately $580,000.00 will be received by the Roanoke Valley Detention Commission instead of the City. Mr. Grisso reviewed potential revenue initiatives for the following taxes: real estate, utility consumer, cigarette, transient room, admissions, meals, E-911, motor vehicle decal, cable television utility depicting current rate, maximum rate and rate change impact. (For full text, see page 26 of the workshop notebook on file in the City Clerk's Office.) Ms. Wyatt suggested that the City investigate the feasibility of enacting a tax on cable television. Mr. Grisso advised that the real estate tax rate reduction of $1.25 to $1.21 per $100.00 of assessed value from 1994 to 1999 had an impact of approximately $1,588,000.00 annually based on current year assessments; tax freeze income limits were raised in fiscal year 1994, fiscal year 1996 and fiscal year 1998 from $22,000.00 to $27,000.00 and the net worth limit increased from $75,000.00 to $80,000.00. He called attention to the personal property tax phase out in 1998-2002 which provided an average relief of $62.00 in 1999, as estimated $107.00 in 2000 and $158.00 in 2001. He stated that there is no sales tax on non prescription drugs, effective July 1, 1998, reflecting a statewide savings of $17.25 million annually to citizens; and a proposed reduction of sales tax on groceries from 4.5 cents to 2.5 cents over the next four years beginning July 1, 2000, will generate a statewide savings to citizens totaling $240 million annually when fully phased in. Ms. Akers reviewed a chart on general fund expenditures by function and category. (See charts on pages 29 and 30 of the workshop notebook on file in the City Clerk's Office.) Ms. Akers advised that general fund expenditures for fiscal year 2000 are monitored monthly by both department managers and the Office of Management and Budget; as of December 31, 1999, 50.9 per cent of the budget had been obligated; most expenditures are on target for the fiscal year; mid year expenditure revenue identified some expenditures which will require the reallocation of funding; and the following four exceptions were noted: Comprehensive Services Act - $300,000.00 Due to the increased need to provide mandated services to school special needs children. Environmental Affairs Program - $200,000.00 Due to requirements to administer an environmental management program and community projects. Solid Waste Management tipping fees for bagged leaf program - $97,000.00 Bagged leaves must now be taken to the landfill. Architectural and engineering fees for Phase II of Police Building - $300,000.00. h Funding to begin design work on Phase II of Police building. Funding sources will be identified and reports will be presented for Council approval in March and April. Ms. Wyatt referred to the $97,000.00 in solid waste management for tipping fees for the bagged leaf program, and requested a cost comparison between bagged leaves and recycled leaves. The City Manager advised of the potential of a bulk leaf collection program on a regional basis, and staffwill provide Council with a briefing at a later date. Ms. Akers advised that there will be a general fund revenue increase of $6,229,938.00, which is proposed to be allocated as follows: City Schools - $1,445,339.00, State Targeted and Local Match - $989,189.00, Maintenance of Effort- $818,537.00, Priority Items -$2,976,873.00. Ms. Akers explained that priority funding items for fiscal year 2001 include the following: Employee Pay and Benefits - $1,875,000.00 ICMA Match Increase - $175,000.00 Health Insurance Premium Increase -$560,000.00 Landfill Tipping Fees for Leaf Disposal - $100,000.00 CIS Support and Maintenance - $197,000.00 Fixed Asset Maintenance - $125,000.00 Environmental Management Program - $100,000.00 Library Media Center Pilot Project - $125,000.00 Transfer of CDBG Administrative Costs to General Fund - $250,000.00 The City Manager advised that a large amount of Community Development Block Grant funds are earmarked for administrative expenses; therefore, she has set a goal for staff, over the next three to five years, to remove as much administrative expenses as possible from the CDBG budget, with $250,000.00 proposed for removal in the upcoming fiscal year. She stated that salaries of Office of Grants Compliance employees will be targeted for fiscal year 2001, thereby enabling more funds to go into neighborhood activities. Ms. Akers reviewed additional priority funding items for fiscal year 2001, as follows: Adjustment in Jail Recovered Costs - $266,700.00 Cultural/Human Services - $39,239.00 Funding for Future Debt Service: Curb, Gutter and Sidewalk - $100,000.00 Victory Stadium Capital Funding - $300,000.00 Greater Gainsboro Parking Garage - $250,000.00 Additional Debt Service - $100,000.00 to $470,000.00 Other Supplemental Items - $1,000,000.00 Ms. Akers reviewed an analysis of the following expenditure increases: Increase in Total Revenues - Schools - State Targeted/Local Match - Maintenance of Effort - Balance - Priority Items - Unfunded - $ 6,229,938.00 (1,445,339.00) (989,189.00) (818,537.00) 2,976,873.00 (5,762,939.00) (2,786,066.00) There was discussion in regard to revising the fiscal year 2000-01 budget study schedule and budget adoption; whereupon, the Mayor requested that the matter be included for discussion during the Monday, March 6, 2000, Council meeting° Ms. Akers presented a HUD budget overview and advised that the Community Development Block Grant benefits Iow to moderate income persons and reduces, or eliminates slums and blight; and the HOME Investment Partnership increases affordable housing and home ownership. She presented the fiscal year 2000-01 HUD budget funding detail and comparison, advising that total for fiscal year 1999-2000 was $4,111,728.00, total for fiscal year 2000-01 is proposed to be $4,381,766.00, for an increase of $270,038.00, or 6.6 per cent. (For full text, see page 40 of the workshop notebook on file in the City Clerk's Office.) Mr. Stovall presented an analysis of the school budget, advising that the total preliminary budget is $97.5 million, total revenue increase of $4.8 million or 5.2 per cent, state/sales tax revenue of $3.2 million, local revenue of $1.5 million and other sources of $.1 million; the revenue increase will be used for maintenance of services at $1.2 million, employee salary raises at $2.2 million and priority items at $1.4 million. He advised that priority items totaling $1.4 million include the following: Enhancement of locally funded magnet school programs. Extension of teacher contracts by five days (150 teachers) for staff development. Addition of five teaching positions. Addition of three positions for technology training and repair. Addition of two high school resource officers and the upgrade of security positions. ,, Increase in substitute teacher pay. Program revisions for educable mentally retarded students. Increase in special education staff for speech therapy and CSA case management. Increase in debt service reserve for high school projects. Opening of middle school libraries to the community. The City Manager called attention to a positive working relationship with the Superintendent of Schools. She stated that after school uses of school libraries is the result of their joint desire to make community buildings more accessible to citizens on a regular basis, and plans are underway for funds to rehabilitate Patrick Henry and William Fleming High Schools, which will be a shared responsibility between the City and the School system. At 12:15 p.m., the Mayor declared the meeting in recess for lunch. At 12:45 p.m., the meeting reconvened in the Director's Conference Room, Roanoke Municipal Airport, with all persons listed on page one in attendance, Mayor Bowers presiding. Ms. Spencer advised that Council previously referred to the Financial Planning Session the question of a review of the annual service charge imposed on certain tax exempt property to determine if the service charge is sufficient to cover the cost of providing City services. She explained that there are four classes of properties that are automatically exempted from taxation, i.e.: properties owned by the Commonwealth of Virginia; properties owned, occupied or used by churches or religious bodies; private or public cemeteries; and properties owned by public libraries or educational institutions. With regard to non-profit organizations, she explained that current law requires that non-profit organizations, which own property not "automatically" exempted, request tax exempt status from the General Assembly; and prior to submitting a request to the General Assembly, organizations must seek a supporting resolution from City Council. With regard to service charges, she advised that if required by a locality, service charges must be collected from owners of all tax exempt real estate, with some exceptions; the rate charged is based on the cost of police, fire and disposal of refuse; the rate cannot exceed 20 per cent of the real estate tax rate; and tax exempt organizations may volunteer to pay a service charge. She noted that in 1992, Council established a policy with respect to supporting requests of non-profit organizations to exempt certain property from taxation; and organizations seeking support for tax exempt status need to agree to voluntarily pay an annual service charge in the amount of 20 per cent of Roanoke's real estate levy. Ms. Spencer reviewed a breakdown of tax exempt property in Roanoke from 1999-2000, including government, religious, charitable, educational, and others, for a total of 1,961 parcels of land, valued at $760,594,800.00; the tax that would be due to the City if the property was not tax exempt totals $9,241,227.00; and service charge collected totals $27,851.000, which represents 16.95 per cent of real estate in the City of Roanoke. She reviewed a flow chart on percentage growth of tax exempt real estate. (See page 50 of the workshop notebook on file in the City Clerk's Office.) The City Manager advised that Council may want to establish a policy setting a threshold for tax exempt property, along with certain parameters, and City staffwill provide a recommended action at a later date based upon a new State law that could go into effect which would allow Council to approve or disapprove a request for tax exempt status. The City Attorney explained that the General Assembly enacted and the Governor signed into law, effective July 1, 2000, a bill that provides that localities may make the decision on tax exempt status rather than the General Assembly; the law was to be reintroduced during this session of the General Assembly, however, the law was not introduced because the Attorney General raised a question as to whether the change could be enacted without a statewide referendum. He stated that the bill will be reintroduced next year with a provision calling for a statewide referendum, and in the future, localities could be placed in a position of having to approve or disapprove tax exempt requests from hundreds of organizations every four years. There was discussion with regard to the feasibility of appointing a citizens tax exempt review committee, similar to the City's Cultural Services Committee and Human Services Committee, to review requests for tax exempt status and report their recommendations to Council. Ms. Spencer presented a tax exempt property benchmark showing Roanoke County at 9.39 per cent, Alexandria at 14.55 per cent, Roanoke City at 16.95 per cent, Lynchburg at 19.29 per cent, Richmond at 17.75 per cent, Salem at 21.79 per cent, Norfolk at 46.80 per cent, reflecting a City average of 22.24 per cent and a County average of 10.48 per cent. Ms. Spencer reviewed the following considerations; i.e.: upward trend in tax exempt properties, percentage of tax exempt properties desired, service charges currently paid by different organizations vary in rate, and the service charge is not sufficient to cover the cost of providing services, but the charge is capped by State law. k Ms. Spencer advised that the recommendation of the City Manager is to determine the percentage of tax exempt properties desired and consider updating the current tax exempt policy. Mr. Grisso reviewed the following items referred to 2000-01 budget study by Council: Consideration of excluding those employees who retired under the 2 for 1 pension plan currently earning $50,000.00 or more per year from any future pay increases. Status: Cost of living adjustments are approved by Council on an annual basis for qualified retirees. Council may exclude the employees who retired under the 2-for-1 pension plan on an annual basis in the ordinance granting the cost of living adjustment. Recommendations from the Mayor's 1999 State of the City Address: IMAX Theater Water Resources Initiative Youth Public Safety Cadets "One America" Initiative With regard to the IMAX Theater, the City Manager advised that it would be appropriate to refer the matter to a future work session for more information on a specific proposal. Ms. Akers reviewed other items referred by Council to fiscal year 2000-01 budget study: Report was req[iested on Roanoke libraries: Short term measures to address expansion needs of the Virginia Room. Review of the entire library system. Renovation of the main library facility, Recommendation as to a systematic funding approach. Status: Virginia Room expansion was completed in January 2000. New Virginia Room Librarian will be on board on April 1, 2000. Recommended budget will include funding for interior improvements to the library. Proposal to expand/renovate the main library will be reviewed as part of the overall assessment of facilities. Contribution from the City for Camp Virginia Jaycee. Status: The City has received a request for $50,000.00 over a five year period. The item will be included in the upcoming Capital Maintenance and ITl Equipment Replacement Program. The Mayor suggested that the City Clerk arrange a time during the upcoming summer months when Council could tour Camp Virginia Jaycee at a 12:15 p.m. Council session. Mr. Grisso reviewed a budget study referral in regard to the question of placing a cap on the amount of City contribution to ICMA-RC on behalf of non- temporary City employees, advising that the recommendation of the City Administration is to increase the contribution amount from $15.00 to $20.00 per pay period for fiscal year 2000-01, and consider placing a cap of $25.00 on the contribution for fiscal year 2001-02. Ms. Akers reviewed a budget study referral in regard to funding for a new SPCA Adoption and Education Center, advising of a coordinated approach including Roanoke City, Roanoke County, Botetourt County and the Town of Vinton, at a total cost estimated at $2 million to $2.5 million; the City's share (52 per cent) will be based on percentage of usage and will be approximately $1 million; and actual cost will be determined after architectural and engineering studies are completed and the site is identified. Mr. Snead advised that the above referenced governments will meet to discuss short term issues, which include their respective contracts with the SPCA, and it is hoped within the next 120 days to prepare a quality plan with time lines for Council's consideration. He stated that an item for discussion will be the potential of the SPCA to front fund capital costs and impose a per diem rate so that capital costs will not have to be included in each Iocality's operating budget and Capital Improvements Program. Ms. Akers reviewed a budget study referral regarding a comprehensive analysis of the highest and best use of the City Market building, advising that the building has been evaluated for upgrade maintenance and needs; the majority of the work needed involves repainting a significant portion of the interior, renovation of the restrooms, heat pump replacement, and upgrades to certain doors, at a total cost estimate of $165,000.00. She stated that as a part of the Outlook Roanoke Plan, staff will be looking at the highest and best use of the City Market building. Ms. Akers reviewed a budget study referral in regard to a request for a cost estimate to improve the appearance of the area around the recycling center on the Roy L. Webber Expressway, which is approximately $1 million to be paid by the City of Roanoke. She advised that the height of the barrier wall would be six feet and not tall enough to provide a shield for truck or buses; and if 1-73 is located along this section of roadway, a sound barrier may be constructed in the future at no cost to the City. Ms. Akers reviewed a budget study referral with regard to implementation of a dental program for children, advising that the Health Department has requested State funding. She stated that the dental program is not considered a mandated program/service by the State; and local funding will be considered during the budget development process, which could be a $70,000.00 investment and comment by the School Board will be solicited. Ms. Akers reviewed a budget study referral in regard to a review of drainage problems, associated costs based on the most critical needs and a proposed source of funding. She advised that a Regional Stormwater Management Plan is evaluated annually; projects are prioritized and constructed when funding becomes available through the Capital Improvement Program; 21 projects are currently underway; over $3 million in additional drainage projects have been identified, but not funded; Roanoke continues to pursue outside funding sources; Federal and State grants have accounted for over $3.2 million in additional stormwater funding over the past three years; and another possible funding source is a stormwater utility tax. Ms. Akers reviewed a budget study referral concerning equitable wages and benefits for City employees based on the recent study of benefits, pay and classification and advised that a recommendation will be presented to Council by the City Manager during fiscal year 2000-01 budget study. The City Manager advised that as a part of the budget process, she has requested that each employee provide suggestions on ways that services could be provided differently, not only in their own area of responsibility, but in every aspect of municipal operations. She stated that she will evaluate every vacant position as to its continuing need, she has sent correspondence to every City employee requesting their ideas on the City's current pay and classification plan and responses may be made via e-mail, voice mail or anonymously. She further stated that she will provide Council with a series of recommendations during fiscal year 2000-01 budget study in regard to pay and benefits for City employees. The Mayor requested that the City Manager review the pay scale for law enforcement positions, particularly those employees in the mid range who have been trained in their respective positions and accept better paying jobs with other localities or the State police. Council Member Swain advised that there are many City employees who believe that their concerns have not been adequately addressed. The City Manager responded that she is reviewing all issues, she plans to review the ideas of City employees and merge those ideas with some of her own impressions, and submit specific recommendations to Council during fiscal year 2000-01 budget study. Mr. Key presented an update on fleet utilization. He reviewed a chart categorizing the City's fleet of vehicles which total 744; a comparison of the number of employees, number of vehicles per employee, population, and vehicles per capita with Lynchburg, Portsmouth, Hampton and Norfolk; and fleet utilization performance from October 1, 1998 - September 30, 1999. (For full text, see pages 67 - 70 of the workshop notebook on file in the City Clerk's Office.) Mr. Key reviewed the proposed fleet utilization performance improvement strategy, i.e.: to focus initially on large, highly visible fleet groups such as sedans, pickup trucks, vans and sport utility vehicle four wheel drives; identify total cost per mile of operation for each vehicle and average costs for each group; and benchmark City average costs against other local government fleet costs. He also reviewed cost benchmarking results, i.e.: average utilization (miles), City average cost per mile, and other local government average cost per mile. (For full text, see page 72 of the workshop notebook on file in the City Clerk's Office.) Regarding further improvement strategies, Mr. Key advised that the following vehicles will be targeted for analysis as to future need: vehicles above the 75th percentile in terms of total cost per mile (vehicles with comparatively Iow utilization rates or high operating and maintenance costs) and vehicles that have relatively Iow vehicle utilization targets; and explore alternatives for meeting valid departmental vehicle needs. He noted that there are 102 targeted vehicles, which comprise 17 per cent of total fleet, excluding specialized equipment. (For full text, see page 74 of the workshop notebook on file in the City Clerk's Office.) Mr. Key explained that further improvement strategy provides for meetings with departments affected to determine disposition of targeted vehicles; a recommended completion date of March 31, 2000; a progress report to the City Manager and City Council on results achieved; the next phase of work with other vehicle categories will be conducted in a similar fashion; a recommended completion date of May 1, 2000, and a second progress report. He reported that other strategies include the use of technology to improve utilization reporting accuracy; establish as standard operating procedure the comparison of estimated repair costs to vehicle book value to decide "repair or replace"; better utilize the fleet management computer system to measure work performance and operate more "as a business"; and develop a comprehensive strategy for funding fleet replacement to include an evaluation of the lease-purchasing option. Mr. Key advised that expected results are: an appropriately sized fleet that meets departmental business requirements, better utilization of fleet vehicles, better condition of the overall fleet equaling reduced maintenance costs, and more efficient fleet maintenance operation. It was the consensus of Council to continue Financial Planning Session discussions on Monday, March 20, 2000, at 12:15 p.m. There being no further business, the Mayor declared the Financial Planning Session adjourned at 2:00 p.m. APPROVED Mary F. Parker City Clerk Mayor 91 REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL March 6, 2000 12:15 p.m. The Council of the City of Roanoke met in regular session on Monday, March 6, 2000, at 12:15 p.m., the regular meeting hour, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor David A. Bowers presiding, pursuant to Rule 1, Reqular Meetinqs. of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members William White, Sr., Linda F. Wyatt, C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain and Mayor David A. Bowers ........... 6. ABSENT: Council Member James O. Trout ............................................... 1. OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Sr., Assistant City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. At 12:18 p.m., the Mayor declared the meeting' in recess. At 12:25 p.m., the meeting reconvened in the Emergency Operations Center Conference Room, Room 159, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Mr. Trout. GREENWAY SYSTEM: Elizabeth Belcher, Greenways Coordinator, advised that in 1995, the conceptual greenway plan was prepared, showing 51 routes; whereupon, she presented a progress report for the year 1999 on Roanoke City projects. She further advised that in January 1999, the first segment of the Roanoke River Greenway opened in Smith Park; in April 1999, the Mill Mountain Star Trail, which was constructed by volunteers and conceived by the Mill Mountain Trails Committee, was opened; and in May, 1999, the first Governor's Conference on Greenway Trails, which was attended by over 400 persons was held in Roanoke, with the theme "Connecting Our Commonwealth," and the Roanoke Valley was selected to host the Conference because of its support of greenways. As a part of the Governor's Conference, she stated that the Wolf Creek Greenway was opened which is the first project in the Town of Vinton; in August 1999, the Valley View Interchange opened which also opened Section 4 of the Lick Run Greenway which is widely used, although the trail is not officially open; and in October 1999, the Hanging Rock Battle Field Trail was opened which is a Civil War trail and was the first ISTEA project in the Roanoke Valley. 92 Ms. Belcher called attention to $575,000.00 in T-21 money that will go to the Lick Run Greenway which is in addition to the $300,000.00 that was previously approved; funding was received from the General Assembly through the Department of Conservation and Recreation; and numerous other grants were received for greenway projects, among which is the Bern-Carder Foundation Challenge Grant, in the amount of $30,000.00; and a $100,000.00 matching grant for which the Roanoke Valley Greenways Commission must raise private matching funds. She advised that over $1 million in grants were awarded in 1999; other donations include six land donations valued at over $800,000.00, over 4000 hours of volunteer time, donated services by Boy Scouts and Girl Scouts and supplies and professional services from various organizations. Ms. Belcher called attention to the success of Roanoke City projects in 1999; i. e.: the Mill Mountain Greenway was the first project that the Greenway Commission and the four localities supported together and an ISTEA grant was received in 1996, $240,000.00 was received in 1997, the City included $250,000.00 in bond money in 1998, and a second appropriation of $150,000.00 in ISTEA funds was received in 1999. She explained that the City entered into a contract with Lardner Klein, Landscape Architects, P. C., for the project and in the year 2000, it is expected that the project will be completed, extending from the City Market, through downtown parks, over Walnut Street Bridge, up old Prospect Road to Mill Mountain, and in conjunction with the Mill Mountain Star Trail, will eventually provide a loop connecting to the Roanoke River Greenway. She added that the Mill Mountain Star Trail was conceived by a trail subcommittee of the Mill Mountain Advisory Committee which is approximately 1.7 miles long and extends from Riverland Road to the Mill Mountain Star, it was built almost entirely with volunteer labor, the City has spent approximately $2000.00 for the parking lot, signs and steps, and this trail ranks as the most inexpensive greenway trail in the Roanoke Valley. She advised that in 1997, the City contracted for designated engineering for the first mile of the Tinker Creek Greenway which will go from the Roanoke River to Wise Avenue, the greenway is expected to go to construction in April 2000 and should be completed within approximately one year, and because of the City's initiative in moving expeditiously to construction, the Greenway Commission and Roanoke City/Roanoke County Planning Departments are reviewing the feasibility of an extension. She noted that a group from Virginia Tech is working on the resources and a hearing will be held on March 22 to receive public comment on the trail. Ms. Belcher advised that the Fishburn Greenway is a citizen-initiated project by the Raleigh Court Civic League. She explained that in 1999, the Raleigh Court Civic League contracted for a design study, held public meetings, and representatives of the Civic League are presently working with Shenandoah Life Insurance Company, which is the only private landowner in the corridor, regarding the possibility of going across a corner of their property; the Raleigh Court Civic League has filed a grant application for additional funding for construction, and in the spring of 2000, the first section of the greenway is expected to be constructed 93 using volunteers. She stated that the Roanoke River Greenway has always been called the backbone of the greenway network, the City of Salem and Roanoke County began approximately a year ago to look at greenway design in their portion of the Roanoke Valley, a location and design study was completed in 1998, they received the Bern-Carder Challenge Grant in 1999 for $30,000.00 in cash and $100,000.00 in matching funds, and when they have raised $230,000.00, they will go to construction on the first mile, the two localities filed a T-21 application in January and hope to receive funding to enable the first mile to go to contract in October 2000. She explained that in Roanoke City, the Roanoke River Greenway opened in January 1999, and the City also entered into a contract with Anderson and Associates, Inc., for a location and design study for the entire section in Roanoke City which is scheduled to be completed by September 2000. Ms. Belcher advised that numerous organizations have been crucial to the success of the greenway project, i. e.: the Roanoke Valley Greenways Commission, the Western Virginia Land Trust, because the land donation came to the Land Trust to be held until such time as the City can receive it as match to the grant; the Fifth Planning District Commission has been important in connection with the initial feasibility study and the filing of ISTEA applications and funds have been funneled through the organization to help with construction of Section 3; and City of Roanoke landowners, which include the developer of Valley View, Barrows Company and William Watson. She stated that land to be received by the Greenway Commission totals 14.4 acres and is valued at $200,000.00 on some records and $800,000.00 on other records which will require a land appraisal at some point. She noted that others who have made contributions are Pathfinders for Greenways, the Department of Forestry, labor has been provided by the Sheriff's Department through the inmate program, Roanoke City Schools have provided equipment, Roanoke City staff has been invaluable in terms of coordination of all building aspects, and neighborhood groups have been supportive of the project and the opportunity to have a greenway in their neighborhood. She advised that remaining projected cost is $986,000.00, with $974,000.00 available in grant awards. In conclusion, Ms. Belcher advised that the Lick Run Greenway across the Valley View Interchange required boldness and vision on the part of the City; and the trail will be a great amenity to the City when it connects Valley View to the Hotel Roanoke and to downtown Roanoke. COUNCIL: The City Manager introduced a briefing on proposed renovations to the City Council Chamber. City staff presented diagrams of the proposed renovations, including lighting/ceiling enhancements, ceiling replacement in the Council's Conference Room, seating in the Council Chamber which includes new chairs for audience seating, Council seating and seating for Council Appointed Officers, the Council dias has been curved as much as possible without interfering with the seating in 94 front of the dias, the dias has been lowered to six inches from the floor and seating for Council Appointed Officers will remain at floor level. It was explained that the Council dias has been moved forward by two feet to provide more space for walking behind the Mayor and Council Members, the front of the Council dias will be curved with a different color to define the position of each Council Member; ceiling lights will be located above the Council dias; an eight by eight foot screen will be installed on the side wall, mechanical and electrical drawings for lighting will be controlled behind the City Manager's work station in the Council Chamber, air conditioning and heating outlets will be changed to provide for better distribution, there will be the capability to pull computer cable into each Council station which will enable Council Members to use personal computers at their station on the dias if they so choose, lights will remain on the Council dais in addition to overhead ceiling lights, and a new state-of-the-art audio-visual system is proposed for the rear of the Council Chamber. With regard to other renovations for Municipal South, it was advised that restrooms will be brought into compliance with the Americans With Disabilities Act on the second and fourth floors, the first floor will be brought into compliance with ADA standards, the hallway on the fourth floor will be refinished, and fabric will be installed in front of the elevator on the third floor. There was discussion with regard to the placement of the speaker's podium in which the Mayor expressed a preference that the podium continue to be located beside the City Manager's work station. Other Members of Council expressed a preference that the speaker's podium be placed directly in front of Council which would require the speaker to address Council rather than the audience. There was discussion as to the feasibility of having two podiums; i.e.: a center podium and a side podium that would be appropriately wired. No decision was made on the location of the podium. Suggestions offered by Council Members include: the Council Chamber wall should be lighter in color to provide for a more comfortable setting, Internet capability should be available at Council work stations, there is a need for soundproofing of the Council's Conference Room and the Mayor's Office, and there is a need for a sound barrier between the Council's Conference Room and the Council's Lounge. Following discussion, it was the consensus of Council that the City Manager and the City Clerk would select the appropriate colors for chair fabrics, carpeting, walls, dias, etc. Without objection by Council, the Mayor advised that the plans as presented by the City Manager would be approved, with the understanding that colors and fabrics would be selected by the City Manager and the City Clerk. At 1:25 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., on Monday, March 6, 2000, the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding. PRESENT: Council Members James O. Trout (arrived at 2:15 p.m.), William White, Sr., Linda F. Wyatt, C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain and Mayor David A. Bowers ............................................................................ 7. ABSENT: None ..................................................................................... 0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Sr., Assistant City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Vice-Mayor C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS: PROCLAMATIONS: The Mayor presented a proclamation declaring the month of March as Women's History Month. (For full text, see Proclamation on file in the City Clerk's Office.) ARTS COUNCIL OF ROANOKE VALLEY: Susan Jennings, Executive Director, The Arts Council of the Blue Ridge, advised that Downtown Living 2000 will be held on March 18 - 19, 2000, in the City of Roanoke and serves as a fund raiser for the Arts Council. She explained that certain downtown residents and three businesses will be included as a part of the tour, and expressed appreciation for the City's support. PARKS AND RECREATION-SPECIAL EVENTS: Shauna Hudson, Special Events Coordinator for the City of Roanoke, advised that the St. Patrick's Day Parade and Celtic Festival will be held on March 18, 2000, from 11:00 a.m. until 4:30 p.m., in downtown Roanoke. She presented information on parade participants and invited the Members of Council and citizens to attend. 95 96 ACTION: CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. ROANOKE NEIGHBORHOOD PARTNERSHIP-BLUE RIDGE COMMUNITY SERVICES-OATHS OF OFFICE-COMMITTEES: The following reports of qualification were before Council: Minnie Jones and Robin Murphy-Kelso as members of the Roanoke Neighborhood Partnership Steering Committee for terms ending November 30, 2002; and Robert Williams, Jr., as a member of the Blue Ridge Community Services Board of Directors for a term ending December 31, 2002. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mr. White moved that the reports of qualification be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Wyatt was out of the Council Chamber.) REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ACTION: ITEMS RECOMMENDED FOR ACTION: BUDGET-ENVIRONMENTAL POLICY: The City Manager submitted a written report advising that the City is establishing an Environmental Management Program and has advertised for an Environmental Administrator to lead and manage the program; the Administrator will be responsible for developing and implementing the City's environmental management system, and to establish the program, specific items such as a computer, environmental software, telephone, and safety related equipment and supplies are needed immediately, which will be purchased in accordance with requirements as set forth in Chapter 23.1, Procurement, of the Code of the City of Roanoke (1979), as amended. It was further advised that total funding request is $33,208.00, which funds are available as follows: Current Year Capital Maintenance and Equipment Replacement Account $33,208.00 The City Manager recommended that Council authorize the Director of Finance to establish a new cost center in the Risk Management Fund to be entitled, "Environmental Management"; and adopt a budget ordinance appropriating funds to certain accounts. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34705-030600) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General and Risk Management Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 522.) Mr. Trout moved the adoption of Ordinance No. 34705-030600. The motion was seconded by Mr. Harris and adopted by the following vote: 97 AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. 98 ACTION: PARKS AND RECREATION-COUNCIL-BLUE RIDGE PUBLIC TELEVISION: The City Manager submitted a written report advising that at its meeting on October 20, 1999, Council authorized a five-year lease of five acres of land in Fishburn Park to Blue Ridge Public Television (BRPTV), along with a right-of-way for access to the property; the property had previously been leased to BRPTV in 1966 for 20 years, with a ten-year extension period; and the new lease agreement has been executed by all parties and is now in effect. It was further advised that representatives of BRPTV have requested a longer term lease of the property and they have stated that they intend to start an extensive fund-raising campaign which, in order to be successful, will require that the organization hold a long-term lease on the Fishburn Park property; a substantial part of campaign funds will be used to renovate the current structure which houses BRPTV's offices and studios; and the City Manager supports the concept of allowing a longer term lease for BRPTV, or another successful bidder who would meet the community's needs for public television. It was explained that under State law, whenever a municipality proposes to lease public property in excess of five years, an advertisement must be published in a local newspaper of general circulation for four successive weeks prior to the date of Council's receipt of bids for the lease hold interest; and at the same time the publication is first run, a draft ordinance authorizing the lease, but leaving appropriate blanks to be completed at a later date, must be submitted to the City Clerk's Office for public inspection. In order to expedite the matter, the City Manager recommended that Council authorize public advertisements on the following dates: March 20, 2000, March 27, 2000, April 3, 2000, and April 10, 2000, with the public hearing to be held at Council's 7:00 p.m., meeting on April 17, 2000, to receive public comments regarding the proposed lease of the public property and to open bids; the draft lease, which will be prepared by the City Attorney's Office, will contain substantial protections for the City; and the successful bidder will be required to indemnify the City against liability, to provide liability insurance, and to keep the building in a safe and serviceable condition. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that Council concur in the recommendation of the City Manager. The motion was seconded by Mr. Hudson and unanimously adopted. FLOOD REDUCTION/CONTROL-SEWERS AND STORM DRAINS- BUDGET: The City Manager submitted a written report advising that drainage problems have existed for many years along the existing drainage channel located in the rear yards of residences along a portion of Trevino Drive, located in the Monterey Hills section of the Wildwood neighborhood and bounded by Old Mountain Road and Monterey Road; erosion to private property and public utility easements during significant storms and channel flow is a major concern, with citizen complaints and maintenance requests dating back to 1988; a drainage study was completed by the City's Engineering Department in January, 1997, a meeting was held with affected residents in April, 1997 to review the study, design options and associated costs; drainage improvement options range from a rip rap lined channel to a closed pipe system, with associated costs of $230,000.00 to $630,000.00; and residents favored the pipe system at an estimated cost of $630,000.00, however, no funding is available. It was further advised that the Trevino Drive Drainage Project is included in the Capital Improvement Program (CIP), approved by Council on July 21, 1997, which project received a high priority rating and $200,000.00 was targeted for the project in the 1997 Bond Referendum; after proper advertisement, Engineering Concepts, Inc., was selected to perform design services for the Trevino Drive Drainage Project - Phase I; the proposed contract with Engineering Concepts, Inc., provides for engineering design services for Phase I of the project to stay within construction and property rights acquisition budget at a project cost of $172,600.00; the consultant's scope of work will include evaluation of drainage watersheds, recommendation and evaluation of current and additional channel improvement options, cost analysis, and preparation of design and construction documents for construction of Phase I improvements to the existing channel and within the allowable budget; the proposal from Engineering Concepts, Inc., for professional design services for the project totals $26,100.00, plus a five per cent ($1,300.00) contingency for potential scope of work changes in project design which would bring the total fee to $27,400.00; and information mailers will be sent to those persons who are affected by the project and neighborhood meetings will be held to include citizens in the design and construction process of the project. It was explained that the City Manager has authority to execute the contract, however, funding needs to be provided, and funding is available in the following account: Public Improvement Bond Series 1996, Account No. 008-052-9701-9176 $27,400.00 99 lO0 ACTION: The City Manager recommended that Council authorize transfer of funds to a new Capital Projects account entitled, "Trevino Drive Drainage Project - Phase I". (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34706-030600) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 524.) Mr. Trout moved the adoption of Ordinance No. 34706-030600. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ...................................................................... 0. BUDGET-HUMAN DEVELOPMENT-HOUSING/AUTHORITY- GRANTS: The City Manager submitted a written report advising that the plight of homeless individuals and families has been at the forefront of the community's attention for more than a decade; the number of homeless persons relying on local services has increased; currently the Homeless Assistance Team (HAT) provides outreach and limited case management services to the homeless; the 1999 summer survey conducted by the Roanoke Valley Task Force on Homelessness identified 340 homeless individuals residing in shelters or on the streets of Roanoke; based on Roanoke's 1999 Continuum of Care application, a conditional selection of the Roanoke Homeless Assistance Team Renewal was funded, for a total of $433,656.00, for a three year period beginning February 1, 2000; and conditional acceptance of the project is based on clarification of how the City will serve the homeless veterans population. It was further advised that currently, there are limited outreach services available to homeless persons who are not veterans orwho do not have a diagnosed mental illness; and the Department of Veterans Affairs Medical Center recently hired its first full time homeless veteran ACTION: 101 outreach social worker who will establish working relationships with all appropriate human and social service agencies in the Roanoke Valley which should enhance efforts in the identification, assessment and coordination of services for this segment of the population. It was explained that the Hazardous Materials Response Team has been located in the facilities at Roanoke Area Ministries (RAM) for the past three years; RAM is a day shelter which operates seven days a week from 8:00 a.m. until 4:00 p.m.; in February, HAT moved its operations to the Roanoke Valley Student Trouble Center (TRUST), which agency has provided services to the homeless for 30 years including the establishment of a 24-hour emergency shelter; and TRUST is a logical site for the Homeless Assistance Team's base of operations in as much as the City serves many of the same clients and also allows for extended hours for HAT operations. The City Manager recommended that she be authorized to accept the Roanoke Homeless Assistance Team Renewal Grant Award, in the amount of $433,656.00, from the U. S. Department of Housing and Urban Development and execute the required grant documents on behalf of the City; that the City Manager be authorized to execute documents associated with implementation of grant renewal, including a lease of office space with the Roanoke Valley Student Trouble Center (TRUST) located at 404 Elm Avenue, which lease provides for the City to reimburse TRUST for the monthly cost of leasing space at the rate of $500.00 per month for a three-year period, and a one time cost for phone installation not to exceed $700.00; and appropriate $433,656.00 Supportive Housing Funds to an account to be established in the Grant Fund by the Director of Finance and increase the revenue estimate in the Grant Fund. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#34707-030600) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 525.) Mr. Hudson moved the adoption of Ordinance No. 34707-030600. The motion was seconded by Mr. Harris and adopted by the following vote: 102 ACTION: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ........................................................... 7. NAYS: None ....................................................................... 0. Mr. Hudson offered the following resolution: (#34708-030600) A RESOLUTION authorizing acceptance of the Roanoke Homeless Assistance Team (HAT) Renewal Grant from the U. S. Department of Housing and Urban Development and authorizing execution of the required documentation in connection with acceptance and implementation of this grant. (For full text of Resolution, see Resolution Book No. 62, page 526.) Mr. Hudson moved the adoption of Resolution No. 34708-030600. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. BUDGET-SISTER CITIES-FLAGS:.The City Manager submitted a written report advising that appropriation of funds to provide for installation of new flagpoles for the Sister City Fountain consists of providing and installing five additional flag poles so that each Sister City Flag will fly on its own pole; new lights are needed to illuminate the flags at night, and rather than cutting up the colored sidewalk, the new lights will be located at the third floor level of the parking garage at Campbell Avenue and Market Street, which will also provide easier bulb replacement and maintenance. It was further advised that bids were solicited from four firms, with Construction Services of Roanoke, Inc., submitting the lowest responsive and responsible bid, in the amount of $14,680.00; and required funding is as follows: Contract amount Contingency $14,680.00 2,320.00 SI7,000.00 ACTION: 103 The City Manager has authority to sign the contract, but funds need to be provided for the project; and total funding is available in the 1999- 2000 CMERP account. The City Manager recommended that Council appropriate funds as above set forth and authorize the Director of Finance to establish a new capital account entitled, "Sister City Fountain Flagpoles"; and reject all other bids received by the City. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#34709-030600) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 527.) Mr. Harris moved the adoption of Ordinance No. 34709-030600. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. DIRECTOR OF FINANCE: PURCHASE/SALE OF PROPERTY-DELINQUENT TAXES-REAL ESTATE VALUATION: A joint report of the Director of Finance and the City Attorney recommending authorization to institute and conduct suits to collect delinquent real estate taxes and assessments by private or public judicial sale, was before Council. It was advised that the Code of Virginia provides localities with the right to sell real estate after the second anniversary date on which taxes or other assessments remain unpaid; property sold during these proceedings will be free and clear of all liens incurred by the owner and any other party involved in the suit; State Code provides that reasonable attorney's fees can be paid out of sale proceeds; despite vigorous collection efforts by the City Treasurer and the Office of Billings and Collections, certain irresponsible property owners have refused to pay these debts; and in addition to unpaid taxes, many of 104 these properties cause concern to surrounding property owners because the property is not properly maintained, thereby creating a blight on the neighborhood. ThE Director of Finance and the City Attorney recommended that suits be instituted to collect delinquent real estate taxes and assessments by judicial sale with respect to those properties on lists identified as Exhibits A and B to the report, which lists reflect delinquent taxes and assessments as of 5:00 p.m. on February 28, 2000; real estate taxes on the properties have been delinquent for two or more years; since escheat was effectively eliminated in 1996, it is in the best interest of the City to continue conducting Tax Sales; the primary benefit of conducting the Tax Sale is to sell the property to a responsible landownerwho will properly maintain the property and pay future taxes; the City will then collect future real estate taxes and avoid incurring weed/trash abatement fees and demolition/board up fees; and on October 22, 1997, Council authorized the judicial sale of approximately 200 properties, and auctions for these properties were held throughout 1999. It was explained that a law firm(s) will be selected by the City Attorney's Office to file the suits and take all necessary action to sell the property; legal fees will be paid by the property owner when the delinquent taxes or other assessments are paid or from sale proceeds at the time of sale; it is possible that given the value of some of the properties, the City's entire cost, including attorney's fees, and all delinquent taxes and other assessments may not be paid in full, however, as a result of the sale, the property would be sold free and clear of all liens for these items, thereby encouraging a responsible landowner to purchase the property; prior to the properties identified on Exhibits A and B being turned over to outside law firm(s) so that suit to sell can be filed, in early March 2000, the City will send letters to the owners of these parcels of land advising that if the taxes and assessments are not paid in full, suits will be filed to sell the property in order to collect taxes and assessments; in early April 2000, a notice identifying the property will be published in the newspaper and advising that if the taxes are not paid, a suit will be filed to sell the property; and it is currently anticipated that properties for which taxes are still outstanding will be turned over to outside counsel in May 2000, with the first suits to be filed in July or August 2000. ACTION: ACTION: 105 Mr. Grisso and Mr. Hackworth advised that since Section 58.1- 3954 of the Code of Virginia requires that any suits be instituted and collected in the name of the city in which the taxes are assessed and at the direction of the governing body of the city, a resolution is submitted for Council's consideration. ~ (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#34710-030600) A RESOLUTION directing the City Attorney and the Director of Finance to institute or cause to be instituted, and conduct or cause to be conducted, suits to collect delinquent real estate taxes and assessments by judicial sale. (For full text of Resolution, see Resolution Book No. 62, page 529.) Mr. Trout moved the adoption of Resolution No. 34710-030600. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0o DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the City of Roanoke for the month of January, 2000. (For full text, see Financial Report on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the Financial Report would be received and filed. REPORTS OF COMMITTEES: BUDGET-BRIDGES: Council Member Carroll E. Swain, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for construction of the Thomason Road Bridge Replacement project over Garnand Branch. 106 ACTION: The Bid Committee recommended that Council authorize a contract with H. & S. Construction Company, in the amount of $286,724.90, and 150 consecutive calendar days for completion of the project, with a project contingency of $30,000.00; authorize transfer of funds from 1996 Bonds, in the amount of $316,725.00, and authorize the Director of Finance to establish a new capital account entitled, "Thomason Road Bridge Replacement"; and reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#34711-030600) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 529.) Mr. Swain moved the adoption of Ordinance No. 34711-030600. The motion was seconded by Mr. Hudson and adopted by the following vote: ACTION: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. Mr. Swain offered the following emergency ordinance: (#34712-030600) AN ORDINANCE accepting the bid of H. & S. Construction Company, for the replacement of a bridge at Thomason Road, S. E., over Garnand Branch, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 530.) Mr. Swain moved the adoption of Ordinance No. 34712-030600. The motion was seconded by Mr. Hudson and adopted by the following vote: ACTION: 107 AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ............................................................. 7. NAYS: None ....................................................................... 0. The Mayor inquired if the Thomason Road Bridge will be out of service for repairs and will traffic be detoured, with appropriate notice to the public; whereupon, the Director of Utilities and Operations advised that he would provide Council with a response. SEWERS AND STORM DRAINS-WATER RESOURCES: Council Member Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to advertising a public hearing and conveying a 30-foot right-of-way and water and sanitary sewer easement across City-owned property located off of Dogwood Lane, S. W., Official Tax No. 1390216. A staff report advised that title report for the private conveyance of property located at 3612 Dogwood Lane, S. W., revealed certain issues involving the adjoining property, Official Tax No. 1390216, now opened by the City and used as a pump station site; the attorney representing past and present owners of the property has requested that the City clarify that existing access, sewer and water easements run with the land; and the property owner needs to have the matter resolved to avoid future problems with financing or conveyance of the land. The Water Resources Committee recommended that Council authorize the City Manager to advertise a public hearing and, lacking any comments to the contrary, authorize the conveyance of a 30-foot right-of-way and water and sanitary sewer easement across City-owned property, identified as Official Tax No. 1390216, as shown on the plat entitled "Survey for Denise W. Sweeney", dated June 26, 1996, in a form to be approved by the City Attorney. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt moved that Council concur in the recommendation of the Water Resources Committee. The motion was seconded by Mr. Trout and unanimously adopted. 108 BUDGET-GREENWAY SYSTEM-WATER RESOURCES: Council Member Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to acquisition of property rights for construction of the Mill Mountain Greenway project. A staff report advised that the Mill Mountain Greenway Project is a proposed trail linking the Roanoke City Market to the top of Mill Mountain which will include a combination of on road and off road paved trails extending from the City Market to Mill Mountain by way of Elmwood Park, Williamson Road, the Walnut Avenue Bridge, Piedmont Park, Ivy Street and Prospect Road; Council authorized a contract for design work with LardnerlKlein Landscape Architects, P. C. on December 7, 1998, pursuant to Ordinance No. 34103-120798; plans have sufficiently developed to identify property rights that will be needed for construction of the project; and the project is funded through a combination of Capital Improvement Program bond funds and Intermodal Surface Transportation Efficiency Act (ISTEA) funds. It was further advised that authorization is needed to move forward with procurement of title work, appraisals, and document preparation related to acquisition of the necessary property rights; it is anticipated that the trail will require a variable width right-of-way of approximately ten to 30 feet in width across portions of certain properties; and funds for acquisition of property rights, in the amount of $50,000.00, are available from the sale of 1999 General Obligation Bonds and needs to be appropriated to the Mill Mountain Greenway, Account No. 008-052-9721. The Water Resources Committee recommended that Council authorize the City Manager to acquire all property rights necessary for construction of the project, in a form to be approved by the City Attorney; said property rights may be acquired by negotiation or eminent domain and may include, but are not limited to, fee simple, permanent easements, temporary construction easements, rights-of- way, air rights, licenses or permits, etc; and that Council authorize appropriation of $50,000.00. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (#34713-030600) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. ACTION: 109 (For full text of Ordinance, see Ordinance Book No. 62, page 531.) Ms. Wyatt moved the adoption of Ordinance No. 34713-030600. The motion was seconded by Mr. Trout and adopted by the following vote: ACTION: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. Ms. Wyatt offered the following emergency ordinance: (#34714-030600) AN ORDINANCE providing for the acquisition of certain interests in property needed by the City* for the Mill Mountain Greenway Project; setting a certain limit on the acquisition costs of such property rights; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on the property for the purpose of commencing the project; all upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 532.) Ms. Wyatt moved the adoption of Ordinance No. 34714-030600. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. NEIGHBORHOOD ORGANIZATIONS-PARKS AND RECREATION- LEASES-WATER RESOURCES: Council Member Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to advertising a public hearing and authorizing execution of an extension to the lease agreement for the Alexander-Gish House located at 641 Walnut Avenue, S. W., for a term of five years. A staff report advised that the original lease with the Old Southwest Neighborhood Alliance was authorized pursuant to Ordinance No. 24929 on December 10, 1979; a lease assignment from the Alliance to the Old Southwest Neighborhood Foundation, Inc., was 11'0 ACTION: made in 1981; the lease has been extended for three additional five-year periods on April 22, 1985, December 11, 1989, and January 9, 1995; the current lease expired on December 31, 1999, and extension of the lease under the same terms and conditions as the previous lease has been requested by Old Southwest, Inc.; the previous lease provided for a term of five years, with a lease fee of one dollar per year; extension of the lease will provide for routine maintenance of the property and utility expenses, as well as support a neighborhood organization; and liability insurance and indemnification will be provided as specified in Attachment 2 to the report. The Water Resources Committee recommended that Council authorize the City Manager to advertise a public hearing and, lacking any comments to the contrary, authorize execution of an extension to the lease agreement, in a form to be approved by the City Attorney, for the Alexander-Gish House, for a five year period, from January 1, 2000, through December 31, 2005, at a lease fee of one dollar per year. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt moved that Council concur in the recommendation of the Water Resources Committee. The motion was seconded by Mr. Trout and unanimously adopted. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 34702, permanently vacating, discontinuing and closing a certain section of Centre Avenue, N. W., extending from its intersection with 9th Street, N. W., to a point of termination at the easternmost right-of-way boundary of 10th Street, and a portion of an adjacent alley extending in a westerly direction from its intersection with 9th Street, to the easternmost property line of Official Tax No. 2111914, having previously been before the Council for its first reading on Tuesday, February 22, 2000, read and adopted on its first reading and laid over, was again before the body, Mr. White offering the following for its second reading and final adoption: (#34702-030600) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 62, page 512.) ..... , ACTION: 111 Mr. White moved the adoption of Ordinance No. 34702-030600. The motion was seconded by Mr. Trout and adopted by the following vote: ACTION: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. ZONING: Ordinance No. 34703, rezoning properties located in the 900 block of Centre Avenue, N. W., more specifically identified as Official Tax Nos. 2112503-2112512, inclusive, and 2111914-2111922, inclusive, from LM, Light Manufacturing District, to RM-3, Residential Multifamily, High Density District, pursuant to the First Amended Petition filed in the City Clerk's Office on February 1, 2000, having previously been before the Council for its first reading on Tuesday, February 22, 2000, read and adopted on its first reading and laid over, was again before the body, Mr. Trout offering the following for its second reading and final adoption: (#34703-030600) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 211, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 62, page 515.) Mr. Trout moved the adoption of Ordinance No. 34703-030600. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. ZONING: Ordinance No. 34704, rezoning properties located in the southwest quadrant of the City, generally known as the Greater Raleigh Court area, from RM-1, Residential Multifamily, Low Density District, to RS-3, Residential Single Family District, and from RM-2, Residential Multifamily, Medium Density District, to RM-1, Residential Multifamily, Low Density District, having previously been before the Council for its first reading on Tuesday, February 22, 2000, read and adopted on its first reading and laid over, was again before the body, Mr. Harris offering the following for its second reading and final adoption: 112 ACTION: (#34704-030600) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 123, 124, 132, 133, 134, 142, 143, 144 and 145, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 62, page 516.) Mr. Harris moved the adoption of Ordinance No. 34704-030600. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ............................................................. 7. NAYS: None ....................................................................... 0. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: HOUSING/AUTHORITY: Council Member Swain referred to those programs that assist Iow-income persons in purchasing houses, and inquired as to the availability of any programs and/or agencies that would provide Iow interest loans which could be used for home repairs. It was the consensus of Council to refer the inquiry to the City Manager ,*or response. HOUSING/AUTHORITY-GRANTS-DOWNTOWN ROANOKE, INCORPORATED: Council Member Swain referred to the Downtown Historic Facade grants program which provides incentives for persons who own property in the downtown area to make building repairs, and requested a status report on the program. It was the consensus of Council to refer the matter to the City Manager for response. BUDGET-COUNCIL: Council having received a briefing on proposed City Council Chamber renovations at the 12:15 p.m. session, Mr. Hudson moved that Council approve the proposed renovations, with certain modifications. The motion was seconded by Mr. Trout and unanimously adopted. I (See pages 93 - 94.) ~ _ 113 BUDGET: Itwas the consensus of Council to revise the proposed fiscal year 2000-01 budget study schedule, as follows: May 4,2000 8:30 a.m. Budget Study Session/ Evaluations of Council Appointed Officers May 5,2000 8:30 a.m. Budget Study Session - City Council/Roanoke City School Board/ Evaluation of Council Appointed Officers May 9,2000 3:00 p.m. Special Meeting of Council to adopt the proposed fiscal year 2000-01 budget and HUD Consolidated Plan SPECIAL EVENTS: The City Manager announced that the "Big South Tournament" for the year 2001-2002 was awarded to the City of Roanoke. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: COMPLAINTS-TRAFFIC-HOSPITALS: Mr. Hume Powers, 2641 Nottingham Road, S. E., expressed concern with regard to traffic congestion on South Jefferson Street as a result of Carilion Health System activities. He also expressed concern with regard to the flashing light/pedestrian traffic in front of the College of Health Sciences on South Jefferson Street. It was the consensus of Council to refer the matter to the City Manager for response. There being no further business, the Mayor declared the meeting adjourned at 2:55 p.m. APPROVED ATTEST: Mary Fo Parker City Clerk David A. Bowers Mayor 114 REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL March 20, 2000 12:15 p.m. The Council of the City of Roanoke met in regular session on Monday, March 20, 2000, at 12:15 p.m., the regular meeting hour, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor David A. Bowers presiding, pursuant to Rule 1, Regular Meetinqs. of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Linda F. Wyatt, W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout and Mayor David A. Bowers .......................................... 5. ABSENT: Council Members C. Nelson Harris and William White, Sr.- .......... 2. OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Sr., Assistant City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. At 12:32 p.m., the Mayor declared the meeting in recess. At 12:40 p.m., the meeting reconvened in the Emergency Operations Center Conference Room, Room 159, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Vice-Mayor Harris and Council Member White. CAPITAL IMPROVEMENTS PROGRAM: The City Manager advised that at the Financial Planning Session on Saturday, March 4, 2000, Council requested additional time to discuss in detail the Capital Improvements Program for the City of Roanoke, and, specifically, some of the potential changes that were being proposed. She further advised that Council previously adopted a Capital Improvements Program budget for 2000 - 2004 and additional material was provided for review in regard to projects that City staff believes should be included in the next five year period, as well as other projects requested by outside agencies and organizations; and City staff has identified a number of projects that Council has not had an opportunity to review previously that staff believes should be addressed in the out years, 2005 and beyond. She explained that she was not asking Council to commit to a precise list of projects at this time, but Council's input is needed in order to move forward in the budget process to enable staff to prepare next years' proposed budget. She stated that it was her goal to engage in dialogue with Council and' to obtain specific direction, recognizing that it is the City Manager's responsibility to recommend a 115 budget to Council; and in May, Council will conduct a series of meetings which will include a public hearing and work sessions in which Council will provide final guidance to City staff as to what Council would like to include in the adopted budget for fiscal year 2000-01. Ms. Akers reviewed the current capital plan, totaling $241.3 million which includes 48 projects in seven major categories, the majority of which are fully funded. She called attention to those projects which will be funded through future bond issues such as Victory Stadium, the Greater Gainsboro Parking Garage, the Roanoke River Flood Reduction project, as well as school projects which are not fully funded now but will be funded in the future through literary fund loans or VPSA bond issue. She reviewed a list of unfunded capital needs, and advised that City staff uses certain criteria to develop recommendations which include: impact on public health, safety and welfare, promotion of existing community development plans, City Council's vision, improvements in efficiency and effectiveness, prior commitment/relationship to other projects, and impact on the City's operational budget. She explained that the total list of unfunded capital requests total $279,883,160.00 and City staff has made an attempt to prioritize the requests and to identify those projects which require basic infrastructure needs that should be funded in the near future. She advised that by identifying the magnitude of need, the City can begin planning now for the amount of debt service that will be needed. During a discussion of funds needed for high school renovations, Ms. Akers advised that the high school facilities study is anticipated to be completed during fiscal year 2001-02 and will provide a better estimate of cost which is currently estimated at between $75 - $78 million. She stated that it is projected that improvements to Patrick Henry High School will begin in the summer of 2004 with completion in 2006, and William Fleming High School improvements will begin in the summer of 2006 with completion in 2008. She advised that beginning with the upcoming budget year, the school administration is also setting aside one-half of the debt service for the first high school. The City Manager advised that the school renovations issue will need to be addressed by Council in a collective way with the School Board to determine how the City and others will participate in funding. She stated that it is her understanding that the School Board plans to fund one-half of both school renovations through the operating budget and the other half from the City's General Fund. There was discussion in regard to parking in the vicinity of the Roanoke City Courts facility, Phase II of the Police building, and the neighborhood storm drainage program. The Director of Finance reviewed slides in regard to debt service for fiscal year 2000-2014; projected debt service for fiscal year 2000-06, which indicates that to afford a $31.4 million general obligation bond issue in 2003, a $375,000.00 annual 116 increase in debt service starting in fiscal year 2001 will be required; and to afford a $31.4 million general obligation bond issue in 2003 and a $17.5 million general obligation bond issue in 2005 will require a $470,000.00 annual increase in debt service starting in fiscal year 2001. The Mayor declared the meeting in recess at 1:35 p.m., to be reconvened immediately following the 2:00 p.m., session of City Council. At 1:35 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., on Monday, March 20, 2000, the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, Si W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding. PRESENT: Council Members William White, Sr., Linda F. Wyatt, C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout and Mayor David A. Bowers ......................................................................................................... 7. ABSENT: None ............................................................................. --0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Sr., Assistant City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by The Reverend Jeff Wilson, Pastor, West End United Methodist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS: The Mayor encouraged all citizens to return their United States Census forms by April 1, 2000. 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 ACTION: ACTION: 117 removed from the Consent Agenda and considered separately. He called specific attention to two requests for a Closed Meeting to discuss acquisition of real property for public purposes; and to discuss personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. MINUTES: Minutes of the regular meetings of Council held on Monday, December 6, 1999, and Monday, December 20, 1999; and the special meeting held on Friday, December 31, 1999, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) Mr. White moved that the reading of the Minutes be dispensed with and that the Minutes be approved as recorded. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the Mayor to convene in a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. 118 ACTION: PURCHASE/SALE OF PROPERTY-CITY MANAGER-COUNCIL: A report of the City Manager requesting that Council convene in a Closed Meeting to discuss acquisition of real property for public purpose, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the City Manager to convene in a Closed Meeting to discuss acquisition of real property for public purpose, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. TREES: A communication from Mayor David A. Bowers transmitting correspondence from The National Arbor Day Foundation, advising that the City of Roanoke has again been recognized as a Tree City USA, was before Council. It was further advised that "Arbor Day" in Roanoke is scheduled for Friday, April 28, 2000, at 1:15 p.m., at Huff Lane Micro Village. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that the communication be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Trout and Mayor Bowers ............................................................... 7. NAYS: None ....................................................................... 0. BUDGET-BLUE RIDGE COMMUNITY SERVICES: A communication from Mayor David A. Bowers transmitting correspondence from Rodney P. Furr, Chairperson, Blue Ridge Community Services, with regard to the annual budget request for fiscal year 2000-01, was before Council. 119 A communication from Mr. Furr advised that the Department of Mental Health, Mental Retardation and Substance Abuse Services, has stated that all State Base Funds are to be matched in a 90:10 ratio by local tax funds, and in order to comply with this directive, Blue Ridge Community Services will need an increase of $243,379.00 in addition to the $577,131.00 in local tax funds currently provided by member governments; for the current fiscal year (1999-2000), the City of Roanoke has provided $378,357.00 in local tax dollars to match State funding for mental health, mental retardation and substance abuse services to the community; and based on the service utilization formula which was established in 1983, Blue Ridge Community Services is requesting $568,148.00 for fiscal year 2000-2001 from the City of Roanoke. ACTION: (For full text, see communications on file in the City Clerk's Office.) Mr. White moved that the communications be referred to the City Manager for review and recommendation. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. INSURANCE-PENSIONS: A report of the Director of Finance advising that retirees of the City of Roanoke Pension Plan requested the option to continue dental care insurance; all employees leaving employment with the City of Roanoke are eligible to retain dental care insurance for 18 months under Federal mandates of COBRA; after the 18 months, dental care insurance was not available on a group policy with the City; and negotiations were pursued under the existing Roanoke Valley Consortium contract with Delta Dental, was before Council. It was further advised that retirees and beneficiaries with 15 years of continuous City service are eligible to continue on the City's group health insurance for retirees; and the same eligibility requirement was established for retiree dental care insurance; on January 31, 2000, information was mailed to approximately 1,000 qualified retirees concerning a one-time open enrollment for current retirees, with an effective date of coverage of March 1, 2000; the City had 55 retirees to enroll and future qualified retirees will be offered this option. 120 ACYION: ACTION: (For full t~.xt, see report on file in the City Clerk's Office.) Mr. White moved that the report be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. MUNICIPAL AUDITOR-COMMITTEES-AUDIT COMMITTEE: Minutes of a meeting of the Audit Committee of Roanoke City Council which was held on Monday, March 6, 2000, were before the body. The Audit Committee considered the following items: Financial Audits: Clerk of the Circuit Court Sheriff's Canteen Fund & Jail Inmate Fund Financial Related Audits: Personal Property Billing Economic Development Risk Management Insurance Question Special Events Vending Machines Policy (For full text, see Minutes on file in the City Clerk's Office.) Mr. White moved that the Minutes be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. ACTION: 121 ELECTIONS: A communication from Gilbert E. Butler, Jr., Secretary, Roanoke City Electoral Board, transmitting a certified copy of the Abstract of Votes cast in the Republican Primary Election held in the City of Roanoke on Tuesday, February 29, 2000, was before Council. "ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the February 29, 2000 Republican Primary Election for: PRESIDENT NAMES OF CANDIDATES AS ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES) George W. Bush 4,183 Gary Bauer 47 John McCain 2,461 Alan L. Keyes 150 Steve Forbes 15 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on February 29, 2000, do hereby certify that the above is a true and correct Abstract of Votes cast at said Republican Presidential Primary. Given under our hands this 1st day of March, 2000. A copy teste: [ELECTORAL BOARD SEAL] Carl T. Tinsley, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board Mr. White moved that the communication and Abstract of Votes be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. 122 ACTION: COMMITTEES-ROANOKE ARTS COMMISSION: A communication from Ann Masters tendering her resignation as a member of the Roanoke Arts Commission, effective immediately, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that the communication be received and filed, and that the resignation be accepted. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: SCHOOLS: Rita Bishop, Assistant Superintendent for Instruction, Roanoke City Public Schools, presented a briefing on the International Baccalaureate Diploma Program (IBD) which is a K-12 continuum designed to offer excellent and consistent education around the world. She stated that the Roanoke City Public Schools is the only district in the Commonwealth of Virginia to explore a K-12 lB option, and currently the program offers an lB diploma at William Fleming High School and a middle year program for grades six through ten at the William Ruffner Magnet Center. She explained that Roanoke City is applying for a second round of magnet funding which will enable the offering of the middle year program at Breckinridge Middle School; the school system has applied for funding for a pre-K-5 program at Highland Park Learning Center and if these additions are approved, more than 2200 students will be able to participate in the lB Program next fall. Ms. Bishop advised that William Fleming High School offers the IBD, which is a prestigious college preparation program recognized by colleges and universities world-wide and is provided through a non- profit foundation program based in Geneva, Switzerland. She stated that the program is available to only those schools that meet very stringent academic requirements demanded by the IBD organization; there are approximately 800 schools in 100 countries that offer the program which was funded as a magnet progra, m at William Fleming High School in 1994-95 and William Fleming is one of the 27 authorized lB schools in Virginia. She noted that lB offers comprehensive course study and meets all of the standards of the Standards of Learning, ACTION: which programs demand extensive teacher training; since 1996, more than 100 Fleming/Ruffner teachers have participated in lB training and more than 50 teachers have attended workshops throughout the United States, Canada and Puerto Rico; and students take exit exams at the end of their junior and senior years which are graded by teachers and professors around the world. She advised that students can apply for a full IBD and/or lB certificate depending upon how they rate on exit exams, credit for lB is recognized by colleges and universities worldwide, and students frequently earn up to a year of college credit. 123 Ms. Bishop stated that in the spring of 1997, the first lB graduating class included one full IBD graduate and 19 lB certificates; the program is growing, with 219 students at William Fleming taking lB classes, grades six through twelve, and it is anticipated to have three full diploma graduates and 26 certificates. She advised that William Ruffner Middle School is one of the first schools in the country to be authorized to offer a middle year program which is available at only 13 authorized sites throughout the nation, and the City of Richmond has the only other middle years program in the state. Ms. Bishop introduced two Roanoke City School students, currently participating in the IBD Program, who provided their perspectives on advantages of the program. Without objection by Council, the Mayor advised that the remarks of Ms. Bishop would be received and filed. ZONING: Benjamin S. Motley, Chairperson, Board of Zoning Appeals, presented the Annual Report for the year 1999. He advised that the Board heard 11 public hearings, consisting of 29 variance requests, 42 special exception requests and two appeals to the Zoning Administrator's decision. He stated that the goals of the Board are: Continue to serve citizens and developers of the Roanoke community in furthering the use, development and redevelopment of City property through variances and special exceptions; Continue to act as a discretionary administrative body and make decisions in matters where a person or a party within the community would be 'aggrieved by the strict application of the zoning ordinance; and 124 Recommend to the City Planning Commission and City Council necessary revisions and amendments to the zoning ordinance in order for the Board to continue to provide fair and equitable service to the community and its citizens. ACTION: Mr. Motley advised that the Board of Zoning Appeals would like to have the opportunity to provide input to Council regarding future appointments to the Board. (See Annual Report on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the Annual Report would be received and filed. PETITIONS AND COMMUNICATIONS: WATER RESOURCES: Copy of a communication from Mayor David A. Bowers addressed to the City Manager advising that it has been reported in The Roanoke Times that the nation may again suffer a drought or other water crises again this summer; and he hoped that the City of Roanoke has taken action over the last year to address concerns of the citizens that the City will have a more than adequate supply of water in the future, was before Council. Since the water supply issue is vitally important to the citizens of Roanoke and the City should continue to inform its citizens as to what is happening in regard to the water supply, especially as the City approaches the drier summer months, the Mayor requested that Council and the citizens of Roanoke be provided with a briefing on the matter. (For full text, see communication on file in the City Clerk's Office.) Kit B. Kiser, Assistant City Manager for Operations, reported on the condition of the City's water supply. He advised that the Carvins Cove Reservoir was last full on May 7, 1998; that normally in the November - December time frame, Carvins Cove would be full but because of the sustaining drought last year, the nearest the Cove came to being full was about 18 feet in March of 1999. He stated that the City stayed in the drought mode and when the water level dropped to 22 feet, the City began purchasing water from other jurisdictions; Carvins Cove reached its lowest level on September 4, 1999, at 29.2 feet, and the City used about two-thirds of its available water capacity. He explained that the Carvins Cove rose to 18 feet in the latter part of 125 December, 1999, at which time the City stopped purchasing water from other localities, and Carvins Cove has been steadily rising to its present level of 8.5 feet below spillway today. He noted that the City has looked at three different ways to increase its water supply - ground water development, the potential of recycling water, and enlarging the capacity of storage of Carvins Cove by dredging. He explained that the law suit that settled flow by requirements in the early 1970's prohibits the City from expanding the storage capacity of Carvins Cove; the City is not yet at the point where the regulatory community believes that recycling water for drinking should be explored, and it is possible to develop a system for irrigation although it would be an expensive program for a limited use. He explained that ground water development will be pursued, one well is currently pumping and three more are in the process of development; during the last City/County meeting on water issues, there was discussion that should the drought continue or be worse than conditions that existed last year, the City would consider purchasing water when the level reaches 18 feet below spillway, rather than waiting until the level reaches 22 feet. Following comments by the Members of Council, the Mayor advised that without objection by Council, the briefing by Mr. Kiser would be received and filed. . REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: WEED ABATEMENT PROGRAM: The City Manager introduced a briefing on the weed abatement program, specifically with regard to increasing and expanding enforcement capabilities in the area of code enforcement. George C. Snead, Jr., Assistant City Manager for Community Development, advised that in the summer of 1999, certain improvements were made in the weed and trash abatement program and additional improvements are proposed at this time in an effort to address the issue in a more timely manner and to make citizens more responsible for their property. John W. Coates, Director, Department of Parks and Recreation, presented a briefing on the weed and trash ordinance and the current status of the weed abatement program. He advised that the proposed revisions require that property owners not allow the growth of weeds 126 in excess of 14 inches on their property and prohibits excessive accumulations of trash on any parcel of land in the City; currently property owners have 14 days from the date of the notice to cut or abate the nuisance and if they are in non-compliance, the City or a private contractor will abate the nuisance and bill the property owner for costs incurred. He advised that currently the City receives about 2000 service requests per year and of those 2000, 1500 are found to be in violation of the weed and trash codes and the other 500 are either not in violation or represent duplicate calls~ He stated that 80 per cent of the property owners cut or clear their property within the 14 days required by the ordinance which leaves approximately 299 parcels for the City to handle, of which the City clears about two-thirds and the City currently employs a contractor to address about one-third of the complaints. He stated that the average cost of abatement is about $215.00 per parcel, with a total billing of $65,000.00 and the City collects about $15,000.00 of that total billing; the City employs four full time employees and three summer employees in the weed abatement program and the services of a private contractor is used to address about one-third of the abatements. He stated that this past season, there was a one time infusion of additional resources that allowed the City to reduce the response time from 38 days to 28 days from the time that a citizen was notified that they had a nuisance until the City actually abated the nuisance, and those additional resources also allowed the City to abate an additional 60 parcels. He advised that the proposed ordinance amendments before Council are twofold: (1) to allow the City to reduce the compliance period from 14 days to 10 days and (2) to increase the administrative fee from $50.00 to $100.00 to more accurately reflect the cost borne by taxpayers associated with the abatement or nuisance which will result in an additional billing of $15,000.00 per year. He stated that the Parks and Recreation Department will take a much more pro active approach this year and has started canvassing neighborhoods and vacant properties and as of April 4, part-time staffwill be on board. He presented copy of a door hanger that will be posted on adjacent properties whenever the City abates a nuisance, a guide to the program will be provided to the Roanoke Neighborhood Partnership to better inform the public of their responsibilities and requirements of the ordinance, and for the first time this year letters will be mailed to those persons who are repeat offenders advising of the changes and the increased initiatives to be undertaken by the City, and asking that they step up to another level of stewardship to maintain their properties. There was discussion with regard to follow up procedures to collect money owed to the City for weed and trash abatement services, alley clean up efforts, provision of a list of contractors/vendors who are 127 available to assist elderly property owners with weed and trash cleanup, and advertisement on the City Page of The Roanoke Times and on the City's Web-page of the names of contractors/vendors who perform these types of services on a part-time basis; and the plight of elderly citizens who live on a fixed income and cannot afford to pay a private contractor in which case there might be boy scout troops or civic groups that would be willing to render assistance. Without objection by Council, the Mayor advised that the briefing would be received and filed. ITEMS RECOMMENDED FOR ACTION: CITY CODE-WEED ABATEMENT PROGRAM: The City Manager submitted a written report advising that Roanoke's Weed Control Office receives nearly 2000 complaints per year regarding violations of the Weed and Trash Ordinance; currently, owners of violating properties have 14 days to comply with the City's request that noxious weeds and/or trash be removed from a parcel of land; notification is provided by certified mail, or if such certified mail is returned for any reason, notification is provided by the posting of a notice on the property in violation; and if the owner does not comply with the City's request, the City abates the nuisance and charges the property owner for the costs of abatement, and a $50.00 administrative fee. It was further advised that the current $50.00 administrative fee charged on all parcels cut and/or cleaned by the City, or its contractor, does not cover City costs to abate the nuisance which costs approach approximately $100.00 per abatement; the administrative fee includes all staff time not included in the original abatement report, all postage and notification costs, all inspection and reinspection charges, all charges for photographic documentation of the violation, and all costs related to billing for abatement of the neighborhood nuisance; and the current charge for administrative services rendered has not been changed since 1979. It was explained that in order to provide for a more timely resolution of these violations, a reduction in the compliance time from 14 days to ten days is proposed; a ten day compliance period will allow sufficient time for a property owner to file an appeal, if they so desire, pursuant to Section 33-20 of the City Code; and in order to provide for more accurate billing and collection of all costs incurred by the City in regard to abatement of a neighborhood nuisance, an increase in the administrative fee from $50.00 to $100.00 and an amendment to the Fee Compendium reflecting the increase are proposed. 128 ACTION: The City Manager recommended that Council approve the proposed amendments to Section 33-20, Notice of removal of weeds; pre-abatement hearing, Section 33-21, Abatement of public nuisance, and Section 33-22, Accounting for abatement costs, Chapter 33, Vegetation and Trash, of the Code of the City of Roanoke, (1979), as amended, which will accomplish the following: Reduce the compliance time from 14 days to ten days; Increase the administrative fee from $50.00 to $100.00; and Amend the Fee Compendium to reflect an increase in the administrative fee from $50.00 to $100.00. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency ordinance: (#34715-032000) AN ORDINANCE amending subsection (a) of §33-20, Notice of removal of weeds; preabatement hearing, subsection (a) of§33-21, Abatement of public nuisance, and §33-22, Accounting for abatement costs, of Chapter 33, Vegetation and Trash, of the Code of the City of Roanoke (1979), as amended, changing notice requirements, providing for an increase in the administrative fee; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 534.) Mr. White moved the adoption of Ordinance No. 34715-032000. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. BUDGET-LEASES-ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that office space in the Municipal Building currently occupied by the Economic Development Department is no longer adequate to meet the needs of staff; suitable space has been located in the Franklin Plaza Building, 111 Franklin Road, S. W.; 129 the landlord, Crown Roanoke, LLC, will build-out the space and grant possession on May 1, 2000, or as soon thereafter as the lease is executed and the build-out is complete; and terms of the lease agreement are as follows: Number of Square Feet: 2,995.25 rentable square feet plus a 15 per cent prorated share of common areas for an additional 449.25 square feet for a total of 3,444.50 square feet as the basis for rent to be paid Lessor. Term of Lease: Five years Lease Rate $16.75 per square foot annually, which includes build-out, at owner's expense, with a three per cent per year increase Utilities, Janitorial and Maintenance: Provided by Landlord Termination Penalty Lessee shall pay to Lessor the total of (a) six months rent at the rate being paid on a termination date plus (b) unamortized cost of tenant improvements and commissions paid to any broker. These amounts are intended to be amortized over the full five year term of the lease. The cost of tenant improvements shall not exceed $70,000.00. Proposed rent for the first year will be $4,807.95 per month. It was further advised that suitable space to meet the needs of the Economic Development Department is available at a reasonable rate; funding of*$16,923.85 for the current fiscal year is available in General Fund Contingency, Account No. 001-002-9410-2199, and can be transferred to the Economic Development operating budget; and funding for future years will be included in the operating budget for Economic Development. The City Manager recommended that she be authorized to execute a Lease Agreement with Crown Roanoke, LLC, a Virginia Liability Company, in a form to be approved by the City Attorney; and that Council authorize the transfer of $14,423.85 from the General Fund Contingency to the Economic Development operating budget for three months' rent, payable monthly in advance, plus $2,500.00 for fiber optics wiring, for a total transfer of $16,923.85. 130 ACTION: ACTION: (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34716-032000) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 536.) Mr. Trout moved the adoption of Ordinance No. 34716-032000. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. Mr. Trout offered the following emergency ordinance: (#34717-032000) AN ORDINANCE authorizing the City Manager to enter into an agreement with Crown Roanoke, LLC, for the leasing of office space within the Franklin Plaza Building to provide office space for the City, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 537.) Mr. Trout moved the adoption of Ordinance No. 34717-032000. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. PURCHASE/SALE OF PROPERTY-BUDGET-ECONOMIC DEVELOPMENT-INDUSTRIES: The City Manager submitted a written report advising that the City of Roanoke and Insystems Technologies, LTD, entered into a Contract of Sale on April 14, 1999, which included sale of an 0.013 acre tract of land, Official Tax No. 1010310, and an air 131 rights easement beginning 10.5 feet above the ground; Insystems agreed to pay $11,000.00 for the property and the air rights; and the sale was approved pursuant to Ordinance No. 34248-050399. It was further advised that in December, Insystems requested an additional 130-square foot parcel of land adjoining the 0.013-acre tract; on January 4, 2000, Council authorized sale of the additional land in the amount of $2,525.00, pursuant to Ordinance No. 34617-010400; the City has received two checks, one in the amount of $11,000.00 for the 0.013 acre tract of land and air rights and another check in the amount of $2,525.00 for the additional 130 square feet of land acquired in January, which funds need to be appropriated. The City Manager recommended that Council appropriate funds, in the amount of $13,525.00, received from Insystems Technologies, LTD, to Account No. 008-052-9629-9004 (Roanoke Centre for Industry and Technology Addition - Property). (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#34718-032000) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 538.) ACTION: Mr. Trout moved the adoption of Ordinance No. 34718-032000. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. SIDEWALK/CURB AND GUTTER-BRIDGES-PUBLIC WORKS- STREETS AND ALLEYS: The City Manager submitted a written report advising that the Code of Virginia establishes eligibility criteria of localities for receiving funds from the Virginia Department of Transportation (VDOT) for street maintenance; the Code specifies two functional classifications of roadways (Principal/Minor Arterials and 132 Collector/Locals) and establishes a base payment rate per lane mile for each classification of roadway; and rates are adjusted annually by VDOT based upon a statewide maintenance index of unit costs for labor, equipment and materials used by VDOT on roads and bridges. It was further advised that City eligibility for fiscal year 1999-2000 is approximately $8,000,540.00 in street maintenance payments from VDOT; funds are used for many maintenance expenditures that the City incurs for streets, sidewalks, curb and gutter, traffic signals, bridges, signs and pavement markings; a list of streets identified in an attachment to the report should be submitted to VDOT to enable eligibility for payment in the next fiscal year; and approval of the addition to the street inventory could add up to $30,000.00 at current year payment rates. The City Manager recommended that she be authorized to submit a proposed list of streets to the Virginia Department of Transportation for approval by the Commonwealth Transportation Board, in order to ensure State Maintenance Payment eligibility. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following resolution: (#34719-032000) A RESOLUTION authorizing the City Manager to submit a street inventory for State maintenance payment eligibility to the Virginia Department of Transportation (VDOT), upon forms prescribed by VDOT for approval by the Commonwealth Transportation Board, in order to ensure the City's eligibility for State maintenance funds. ACTION: (For full text of Resolution, see Resolution Book No. 62, page 539.) Mr. Swain moved the adoption of Resolution No. 34719-032000. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. SEWERS AND STORM DRAINS-BUDGET-FLOOD REDUCTION/CONTROL: The City Manager submitted a written report advising that drainage problems have existed for many years along 133 ACTION: Summit Drive within the Edgewood-Morwanda Summit Hills Neighborhood, which includes standing water at the intersection of Glenridge Road and Summit Drive, soil erosion along the right-of-way and existing drainage culverts, and some flooding of residences along the east end of Summit Drive; and the scope of work for the project will include evaluation of drainage watersheds for the area and preparation of engineering design and construction documents for drainage structures and systems as required and within the project allowable budget. Itwas further advised that the Summit Hills Drainage Project was included in the Capital Improvement Program (CIP) approved by Council on July 21, 1997, which project received a high priority rating and funding was established in the 1997 Bond Referendum; following a published Request for Proposals and review of firms, T. P. Parker & Son, Engineers & Surveyors, LTD., was selected to perform design services for the project which provides for engineering design of the Summit Hills Drainage Project - Phase I, within a constructional property rights acquisition budget of $173,000.00; the proposal of T. P. Parker & Son, Engineers & Surveyors, LTD, for professional design services is $24,395.00, plus a ten per cent ($2,440.00) contingency for potential scope of work changes in project design, which would bring the total fee to $26,835.00; and information mailers will be sent to affected property owners and neighborhood meetings will be scheduled to include citizens in the design and construction process. The City Manager recommended that Council authorize the Director of Finance to transfer $26,835.00 from Public Improvement Bond Series 1996 to a new Capital Projects Account entitled, "Summit Hills Drainage Project - Phase I". (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (#34720-032000) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 539.) Ms. Wyatt moved the adoption of Ordinance No. 34720-032000. The motion was seconded by Mr. Hudson and adopted by the following vote: 134 ACTION: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. Council Member Swain requested further information on similar drainage projects to be undertaken by the City in the upcoming months. BUDGET-COMMUNICATIONS DEPARTMENT-EQUIPMENT: The City Manager submitted a written report advising that a digital radio base station has been identified as a priority need to support the new public safety mobile data terminals and to allow for continued development of the wireless communication system with Roanoke County; the system uses an unique transmission scheme which is proprietary to Motorola; and based on the need for system compatibility, the requested base station has been determined to be practically available from only one source, in accordance with Section 23.1-6 of the Code of the City of Roanoke, 1979, as amended. Itwas further advised that total funding requested is $85,000.00; and funding to provide for the requested equipment is available in the Current Year Capital Maintenance and Equipment Replacement Program. The City Manager recommended that Council adopt a budget ordinance appropriating funds to provide for~the purchase of the abovedescribed communications equipment. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#34721-032000) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General and City Information Systems Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 540.) Mr. Harris moved the adoption of Ordinance No. 34721-032000. The motion was seconded by Mr. Hudson and adopted by the following vote: 135 AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. REFUSE COLLECTION: The City Manager submitted a written report advising that a collection day for household hazardous waste materials will provide the citizens of Roanoke with a convenient, safe, responsible and cost effective way to remove hazardous materials from their homes; in order to have the program, an organization qualified to collect, transport and dispose of household hazardous waste that is collected must be engaged; although the sealed bid method of procurement would normally be used for ordinary collection services since this procurement involves household hazardous wastes, it is not practicable or fiscally advantageous to the public to use the sealed bid process; the experience and qualifications of a firm that can provide these services is of equal, if not greater, importance than the cost; therefore, the process of competitive negotiation, using a request for proposal, will be the best method of procurement for the services. It was explained that the Code of the City of Roanoke provides, as an alternate method of procurement to using the bid process, a process identified as "competitive negotiation for other than professional services"; approval by Council before this alternate method may be used is necessary; this method will allow for negotiations with all responding vendors to determine the best qualified at the best price; and the initial request will involve a one or two day collection period. The City Manager recommended that Council authorize the use of competitive negotiation as the method to secure a vendor to provide appropriate services for the household hazardous waste collection program. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following resolution: (#34722-032000) A RESOLUTION designating the procurement method known as competitive negotiation, rather than the procurement method known as competitive sealed bidding, to be used for soliciting proposals for services in connection with a household hazardous waste collection program and documenting the basis for this determination. 136 ACTION: (For full text of Resolution, see Resolution Book No. 62, page 542.) Mr. Hudson moved the adoption of Resolution No. 34722-032000. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. The City Manager announced that Household Hazardous Waste Collection Day will be observed on June 17, 2000, in the parking lot at the Roanoke Civic Center. EMERGENCY MEDICAL SERVICES: The City Manager submitted a written report advising that the Fire/EMS Department is responsible for providing emergency medical services to the citizens of the City of Roanoke; one very important aspect of this service is to make appropriate ambulance transportation available to various medical facilities, and the cost for transportation is billed and collected by a contracted organization specifically developed for that purpose; proposals for billing and collection services were requested, with three proposals having been received; and interviews were conducted and a fee was negotiated in accordance with Chapter 23.1, Procurement, of the Code of the City of Roanoke (1979), as amended. It was further advised that funds collected for these services are recorded in the City's General Fund; the current commission rate for the services is set at eight per cent of net monthly collections, up to $94,916.00; once net collections exceed $94,916.00, the rate is 8.45 per cent of net monthly collections; the negotiated amOunt for the new contract is 7.5 per cent of net collections to be paid on a monthly basis; and funds are available in the Fire/EMS Department budget for this purpose. The City Manager recommended that she be authorized to enter into a contract, in a form to be approved by the City Attorney, with Quantum Medical Business Services, Inc., to provide for billings and collections for emergency medical services, for a period of one year, with the option to renew for four additional one year periods, effective May 1, 2000. (For full text, see report on file in the City Clerk's Office.) ACTION: 137 Mr. Trout offered the following resolution: (#34723-032000) A RESOLUTION accepting the proposal of Quantum Medical Business Service, Inc., for collection of bills for emergency medical services, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other proposals made to the City for the work'. (For full text of Resolution, see Resolution Book' No. 62, page 543.) Mr. Trout moved the adoption of Resolution No. 34723-032000. The motion was seconded by Mr. Harris. Council Member Wyatt expressed concern that the City imposes a charge on citizens when they have an emergency requiring an ambulance; and no distinction has been made between senior citizens who cannot afford to pay for the service, but are reluctant to request any type of waiver from the City. She stated that on more than one occasion, she has asked for a review by the City administration and she will continue to raise the same kinds of questions until the matter has been satisfactorily addressed. The City Manager advised that the majority of claims are submitted by a third party and with third party payments, the most efficient way to address the matter is through a billing service. She encouraged Council to adopt the ordinance continuing the contract with Quantum Medical Business Service and committed that City staff will review the matter and provide information on what percentage of the total cost served is in a self pay situation. She advised that there are numerous issues to be addressed and she would propose to bring the matter to Council in the form of a work session format for discussion. Resolution No. 34723-032000 was adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. TRAFFIC-CITY CODE: The City Manager submitted a written report advising that in 1995, Council amended Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979), as amended, to provide for certain revisions and additions to Article V, 138 Keeping of Inoperative Vehicles; enforcement of the amended ordinance was assigned to the Planning Department; and since 1995, ordinance enforcement has resulted in the citing and abatement of over 4,000 junk car violations; and public reaction has been positive, with a high rate of voluntary compliance and few vehicles having to be towed. It was further advised that enforcement revealed that a significant percentage of inoperative vehicles were located on properties used for residential purposes, but zoned for industrial uses; these properties were exempt from the regulatory requirements authorized by State enabling legislation; and Senate Bill No. 1326, which evolved from Council's 1998 Legislative Program, was passed and signed into law on July 1, 1999 which addresses the enforcement problem in industrial zones and provides that certain cities and counties in the Commonwealth of Virginia (including Roanoke) may adopt ordinances to regulate inoperative motor vehicles on any property zoned or used for residential purposes, or on any property zoned for commercial or agricultural purposes. It was explained that the existing inoperative vehicle ordinance provides for the regulation of inoperative vehicles on any property zoned for residential, commercial or agricultural purposes; the proposed amendments will provide for additional regulation of inoperative vehicles on all properties that are being used for residential purposes, but zoned industrial; violations for inoperative vehicles and zoning issues (outdoor storage, illegal uses, commercial vehicles in residential areas, etc.) are currently more than existing staff (two) are able to investigate in a timely manner, therefor, an additional zoning inspector has been requested and it is intended to transfer an existing vacant position into the code enforcement area to strengthen the City's efforts; amendments will improve the City's code enforcement of inoperative vehicles and enhance the overall quality of life in Roanoke's residential neighborhoods; and additional amendments to the inoperative vehicle code will be forthcoming in the next few weeks which will further improve enforcement of inoperative vehicles. The City Manager recommended that Council adopt proposed amendments to Article V, Keeping of Inoperative Vehicles, of Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979), as amended, which amendments will update the City's ordinance to be consistent with State enabling legislation. (For full-text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency ordinance: . _ ACTION: 139 (#34724-032000) AN ORDINANCE amending and reordaining §20- 116, Declaration of findings and policy; §20-119, Kee_Dinq of inoperative vehicles prohibited; and subsection (a) of §20-121, Removal of inoperative vehicles, of Article V, Keeping of Inoperative Vehicles, of Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979), as amended, to provide for regulation of inoperative vehicles in residential, commercial or agricultural districts; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 544.) Mr. Hudson moved the adoption of Ordinance No. 34724-032000. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. Council Member Swain requested that the City Manager review the matter of lubricants on City streets as a result of parked vehicles which could constitute a form of storm water pollution. BUDGET-GRANTS-YOUTH: The City Managersubmitted a written report advising that the Virginia Juvenile Community Crime Control Act of 1995 provides funding for each jurisdiction in the State, which funds are used for development, implementation, and operation of programs and services for juvenile offenders; the Act also allows localities to carry forward unexpended funds from the first to the second year of the Biennium; the City has a total of $60,890.00 in unexpended State funds from fiscal year 1999 to carry forward to fiscal year 2000; and utilization of carry over funds is a routine component of the State Plan process. The City Manager recommended that Council appropriate carry over funds for the VJCCCA Program from certain accounts shown on Attachment I to accounts shown on Attachment II to the report, and adjust the revenue estimate by same; and that the City Manager be authorized to submit the proposed plan to the State Board of Juvenile Justice. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: 14.0 ACTION: (#34725-032000) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General and Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 546.) Mr. Harris moved the adoption of Ordinance No. 34725-032000. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. Mr. Harris offered the following resolution: (#34726-032000) A RESOLUTION endorsing the revised plan of services for juvenile justice programs, funded by the State Department of Juvenile Justice through the Virginia Juvenile Community Crime Control Act of 1995, and authorizing its submittal to the State Board of Juvenile Justice for approval. (For full text of Resolution, see Resolution Book No. 62, page 548.) Mr. Harris moved the adoption of Resolution No. 34726-032000. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. LIBRARIES: The City Managersubmitted a written report advising that several collections of books have been donated to the Roanoke City Public Library over the years, including rare 19th century first editions, 15th and 16th century illuminated manuscripts, and other illustrated rare books, which collections are not available for public use because they are rare and in fragile condition and do not fit within the scope of the Library's collection development policy and are not germane to the Library's mission. ACTION: 141 It was further advised that the selling of donated materials is a standard, customary practice among libraries, and approximately $100,000.00 could be realized from sale of the aforementioned collections; and the Roanoke Public Library Foundation would accept the proceeds from the sale of the donated books and the funds could be invested and the interest appropriated in perpetuity for the Virginia Room and general reference materials. The City Manager recommended that Council authorize the sale of materials through major auction houses such as Sotheby's, local silent auctions, and consignment with booksellers such as Christie's, to gain a fair market return for the materials; and deposit the proceeds of sale with the Roanoke Public Library Foundation for investment to provide ongoing support of the Library. (For full text, see report on file in the City Clerk's Office.) Following discussion of the matter, it was the consensus of Council to refer the report back to the City Manager to determine if the items would be of interest to the Roanoke Museum of Fine Arts and/or the History Museum and Historical Society of Western Virginia; to address the legality of the City incurring income from donated gifts; and to obtain the recommendation of the Roanoke Public Library Board. BUDGET-HUMAN DEVELOPMENT: The City Manager submitted a written report advising that since 1993, the City of Roanoke's allotment for Comprehensive Services Act (CSA) administration has been $25,000.00; and the Virginia General Assembly approved an increase in the CSA administrative allocation formula for fiscal year 1999-2000, thereby increasing Roanoke's administrative allocation to $50,000.00. It was further advised that funding, in the amount of $18,510.00, is currently budgeted as the State's share of CSA Administration; the City of Roanoke will receive additional funding in the amount of $16,130.00; funding for CSA administration requires a local match of 30.72 per cent, or $15,360.00, and the additional local match is available in CSA Administrative Cost Center 035-054-5160. The City Manager recommended that Council adopt a budget ordinanc~ appropriating additional funding, in the amount of $16,130.00, provided by the State for CSA Administration. (For full text, see report on file in the City Clerk's Office.) 142 ACTION: Mr. Trout offered the following emergency budget ordinance: (#34727-032000) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General and Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 549.) Mr. Trout moved the adoption of Ordinance No. 34727-032000. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. CITY ATTORNEY: TRAFFIC-CITY CODE: The City Attorney submitted a written report advising that Section 20-102 of the Code of the City of Roanoke (1979), as amended, authorizes the City Manager, acting through the Chief of Police, to remove "any abandoned motor vehicle" from public property, or private property, when the vehicle there without the consent of the owner; Section 20-101 of the City Code defines an "abandoned motor vehicle" as one which is "inoperable and is left unattended on public property for more than 48 hours, or has remained illegally on public property for more than 48 hours, or has remained for more than 48 hours on private property, without the consent of the property owner, regardless of whether it was brought onto the private property with the consent of the owner or person in control of the private property." It was further advised that Section 46.2-1200 of the Code of Virginia (1950), as amended, is the authority for the City's abandoned motor vehicle ordinance, which code section has been amended to permit the City to enact an ordinance that allows the City to remove immediately, any abandoned motor vehicles from interstate highways and primary highways within the City; and in order for the City to exercise the maximum amount of authority granted to it by said legislation, the City Attorney recommended that Council adopt an ordinance amending Section 20-101 of the City Code. (For full text, see report on file in the City Clerk's Office.) ACTION: 143 Mr. Hudson offered the following emergency ordinance: (#34728-032000) AN ORDINANCE amending and reordaining §20- 101, Definitions, of Division 5, Abandoned Vehicles, of Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979), as amended, to provide for immediate removal of abandoned motor vehicles from interstate highways and primary highways; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 550.) Mr. Hudson moved the adoption of Ordinance No. 34728-032000. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Trout and Mayor Bowers ..................... , ........................................ 7. NAYS: None ....................................................................... CITY CODE-YOUTH: The City Attorney submitted a written report advising that during the 1999 Session of the General Assembly, an amendment was made to Section 15.2-926, Code of Virginia, which is the enabling legislation for juvenile curfew ordinances adopted by local governments; the amendment, which went into effect on July 1, 1999, provides that "a violation of such ordinances by a minor shall be disposed of as provided in Sections 16.1-278.4 and 16.1-278.5, Code of Virginia, and clarifies the authority of juvenile courts and circuit courts in fashioning remedies for violations of juvenile curfew ordinances. It was further advised that the change in State law necessitates that the City's juvenile curfew ordinance, which is set out in Section 21- 5 of the City Code, be amended, which also helps to resolve an issue relating to the City's current ordinance; both Sections 16.1-278.4 and 16.1-278.5, Code of Virginia, now provide clear authorization for either a juvenile court or a circuit court to order the parents of juveniles who violate a local ordinance to participate in programs, cooperate in the provision of treatment to a child, or be subject to such other conditions or limitations as the court may order which are designed for the rehabilitation of either the child or the parent; and incorporation of these statutes into the City's ordinance, which is mandatory, provides a much better remedy for a judge to fashion an order to impose upon an errant parent, rather than fining them for a misdemeanor. 144 ACTION: The City Attorney stated that experience has shown that juvenile curfew ordinances, in and of themselves, are not the cure all for problems with youth, because it takes a variety of programs and efforts and a curfew ordinance is but one part of a community's overall program of protecting youth; whereupon, he recommended that Council adopt a proposed ordinance providing the necessary changes to Section 21-5 of the Code of the City of Roanoke, 1979, as amended. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency ordinance: (#34729-032000) AN ORDINANCE amending and reordaining §21- 5, Curfew for persons sixteen years of age or younger, of Chapter 21, Offenses - Miscellaneous, of the Code of the City of Roanoke (1979), as amended, in order to conform that section to State law, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 552.) Mr. Harris moved the adoption of Ordinance No. 34729-032000. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. POLICE DEPARTMENT-CITY CODE-COMPLAINTS- DRUGS/SUBSTANCE ABUSE-LEGISLATION: The City Attorney submitted a written report advising that pursuant to Ordinance No. 34662-02(~700, Council unanimously adopted Article VIII, Removal or Repair of Buildings or Other Structures Harboring Illegal Drug Activity_, of Chapter 21, Offenses - Miscellaneous, of the Code of the City of Roanoke (1979), as amended, which provides the City with another mechanism for dealing with blight caused by illegal drug activity; and the ordinance is based on State enabling legislation set out in Section 15.2-907 of the Code of Virginia (1950), as amended. It was further advised that Section 15.2-907 of the Code of Virginia allows the City to take corrective action only after 15 days from the date on which a final notice is sent by first-class mail to the owner of property on which drug blight exists, warning the owner that such action may occur; the current City Code provision, Section 21-211, ACTION: 145 implies that the City may commence to abate a drug blight before that 15 day period has run; and Section 21-211 needs to be amended to be consistent with State enabling legislation. The City Attorney recommended that Council adopt a proposed ordinance amending Section 21-211 of the Code of the City of Roanoke, 1979, as amended. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency ordinance: (#34730-032000) AN ORDINANCE amending §21-211, Failure to take corrective action, of Article VIII, Removal or Repair of Buildings or Other Structures Harboring Illegal Drug Activity_; of Chapter 21, Offenses-Miscellaneous, of the Code of the City of Roanoke (1979), as amended, to incorporate the maximum amount of authority granted to the City to take corrective action; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 554.) Mr. Swain moved the adoption of Ordinance No. 34730-032000. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. REPORTS OF COMMITTEES: None. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: None. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: 146 ACTION: STATE HIGHWAYS-ECONOMIC DEVELOPMENT: Council Member Trout inquired as to the status of the economic impact study regarding 1-73; whereupon, it was the consensus of Council that results of the study will be presented to Council at a time to be determined by the City Maneger. COUNCIL-HOUSING/AUTHORITY: Council Member Swain inquired as to what incentives are afforded by the City to those persons who renovate dwellings in downtown Roanoke as private living quarters; whereupon, it was the consensus of Council to refer the matter to the City Manager for review and report to Council. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 4:15 p.m., the Mayor declared the meeting in recess. At 5:05 p.m., the meeting reconvened in the City Council Chamber, with all Members of the Council in attendance, Mayor Bowers presiding. COUNCIL: With respect to the Closed Meeting concluded earlier in the Council session, Mr. Swain moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. At the 12:15 p.m. session, Council having continued the Capital Improvements Program workshop until following completion of the 2:00 p.m., agenda, at 5:10 p.m., Council convened in the CIP Workshop in the Council's Conference Room, with all Members of Council in attendance, Mayor Bowers presiding. At 5:10 p.m., the Capital Improvements Program Workshop reconvened in the City Council's Conference Room, fourth floor, Municipal Building, 215 Church Avenue, S. W., with all members of the Council in attendance, Mayor Bowers presiding. 147 The City Manager recapped the 12:15 p.m., session and advised that it was her understanding that Council would like to appropriate $500,000.00 per year in additional debt service to provide for a $31 million general obligation bond issue, and to renovate the first of the two high schools will require a total of $48.9 million. She requested that Council determine if there are projects for the period 2000 - 2004 that Council would like to include in the $31 million bond issue, and inquired if there is an interest in any or all of the following: To the Rescue Museum (City Share) IMAX Theater (City Share) Art Museum Mill Mountain Zoo Subtotal $1,000,000.00 1,000,000.00 3,000,000.00 500,000.00 $5,500,000.00 At 5:30 p.m., the Mayor left the meeting and the Vice-Mayor presided over the remainder the CIP workshop. The City Manager reviewed the following Other Unfunded Projects - Fiscal Year 2005 and Beyond: Buildings: New Fire/EMS Building New Main Library One Stop Shop for Human Services Courts Building Additions Municipal Building Complex Renovations Civic Center Capital Maintenance and Parking Garage $ 3,750,000.00 25,842,785.00 21,500,000.00 10,000,000.00 3,000,000.00 26,487,375.00 Subtotal Buildings $90,580,160.00 Economic Development: Interior Improvements to Virginia Museum of Transportation $ 500,000.00 Parks: Parks Master Plan Projects Satellite Maintenance Facilities New Neighborhood Parks Community Recreation Center Improvements Beautification Program for Major Access Routes $21,475,000.00 1,315,000.00 1,350,000.00 1,000,000.00 350,000.00 Subtotal Parks $25,490,000.00 148 Schools: Patrick Henry High School Improvements William Fleming High School Improvements Subtotal Schools $35,000,000.00 40,000,000.00 $75,000,000.00 Storm Drains: Storm Drain Program $39,093,000.00 Streets and Sidewalks: Curb, Gutter, and Sidewalk Program Arterial Street Lighting Improvement Program Installation of New Traffic Signals Subtota; Streets and Sidewalks $23,066,925.00 720,000.O0 1,400,000.00 $25,186,925.00 Total $292,725,509.00 The Vice-Mayor inquired as to what action the City Manager would request of Council at this time; whereupon, she advised that guidance by Council is requested to the extent possible, although it is helpful for staff to know that the challenge is to move $500,000.00 per year in additional debt service. She stated that she did not want to strongly encourage decisions by Council until Council is comfortable with making those kinds of decisions; therefore, one option would be to leave the matter "fuzzie" at this point and allow staff to begin to deal with how much money Council would like to set aside. She stated that if Council believes it should set aside funds for more than the 2000-04 programs that were previously adopted, there is a need to look long range because the City has almost $300 million worth of worthy projects. She encouraged Council Members to advise citizens who submit funding requests for funds for special projects that the City follows a process of evaluation of all projects in the fall, the budget is adopted in May which sets the course for the next year, and with that type of plan in place, the community will accept that all requests cannot be honored in any one given year. There being no further business, at 5:50 p,.m., the Vice-Mayor declared the meeting in recess until 7:00 p.m., in the City Council Chamber. 149 On Monday, March 20, 2000, at 7:00 p.m., the Roanoke City Council reconvened in regular session in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding. PRESENT: Council Members Linda F. Wyatt, C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout and Mayor David A. Bowers .......................................................................... 6. ABSENT: Council Member William White, Sr.- ........................ 1. OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Sr., Assistant City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk .... The reconvened meeting was opened with a prayer by a representative of the Virginia Skyline Girl Scout Council. The Pledge of Allegiance to the Flag of the United States of America was led by troop representatives of the Virginia Skyline Girl Scout Council. INTRODUCTIONS AND PRESENTATIONS: YOUTH: Girl Scout cookies and information on scouting were presented by troop representatives of the Virginia Skyline Girl Scout Council. SCHOOLS: On June 30, 2000, the three year terms of office of F. B. Webster Day, Marsha W. Ellison and Sherman P. Lea as Trustees of the Roanoke City School Board will expire. Pursuant to Chapter 9, Education, of the Code of the City of Roanoke (1979), as amended, establishing a procedure for the election of School Trustees, on or before March 31, Council, as a Committee of the whole, will review and consider all candidates for the position of School Trustee, and at such meeting Council shall review all applications filed for the position and may elect to interview candidates for such positions; whereupon, the matter was before the body. The Mayor advised that prior to the deadline on March 10, 2000, at 5:00 p.m., the following persons submitted applications: 150 James P. Beatty F. B. Webster Day Marsha W. Ellison Sherman P. Lea William H. Lindsey Gloria P. Manns William E. Skeen ACTS OF ACKNOWLEDGEMENT-SPORTS ACTIVITIES: Mayor Bowers recognized and commended the Roanoke Catholic Celtics Basketball Team, winners of the Virginia Independent Schools' Division II Boys Basketball State Championship. HEARING OF CITIZENS: WATER RESOURCES-CONSULTANTS REPORTS: Elizabeth T. Bowles, Chair, Carvins Cove Reservoir Citizens Advisory Committee, appeared before Council and read a prepared statement in connection with recommendations of Whitesell Orrison, Inc., with regard to the Land Use Plan for Carvins Cove. She advised that the Advisory Committee emphasizes in its report that the primary reason the Carvins Cove Reservation exists is to provide pure drinking water to the citizens of Roanoke at minimum cost; and the Committee was cognizant that any use of these 13,000 acres of City-owned land, other than water-source protection must be considered a secondary use. She stated that based on the consultants report, the Committee has concluded that the current level of non-motorized, noncommercial recreational use of Carvins Cove Reservation does not pose a threat to the quality of the water at the reservoir; and therefore, the committee recommends that such forms of recreation as hiking and jogging, mountain biking, horseback riding, and nature study by individuals and small groups be made legal through changes in the City Code; however, they strongly believe that the use of gasoline-powered, oil- using outboard motors on boats on the water supply reservoir should be prohibited, just as it is on other municipal water supply reservoirs that were studied. Further, she advised that the current network of roads, trails, parking lots, picnic areas, restrooms, signs and related infrastructure in Carvins Cove Reservation is in dire need of upgrading and in some instances closure and/or relocation; silt from road and trail erosion and oil from parking lots located too close to the lake pose threats to the quality of the water; and a repair and ecological restoration program should be undertaken promptly. Finally, she stated that the Advisory Committee is aware of the importance of the contributions to the Carvins Cove water supply made by two creeks that originate in neighboring counties - Catawba Creek and Tinker Creek; the upper reaches of these steams are diverted, in part, into the water supply reservoir by means of tunnels; and the Committee encourages Council to ask the City Manager to explore means of protecting these sources of our drinking water through cooperative efforts with her counterparts in Roanoke and Botetourt Counties, who, with the help of private soil and water conservation and land trust groups, may be able to keep pollutants out of these waters, just as we do on the Carvins Cove Reservation lands owned and controlled by the City. 151 Dr. M. Rupert Cutler, Vice-Chair, Carvins Cove Reservoir Citizens Advisory Committee, read a prepared statement advising that assuming that the City will make certain needed repairs, the Committee sees no reason to ban public recreational uses in the Carvins Cove that can be described as "light", which are classified as forms of outdoor recreation that are non-motorized, noncommercial, during the day only (no overnight camping),and only by individuals and groups often or less, with exceptions made for larger groups under appropriate supervision; the kinds of recreation that would be approved of in the Cove include boating (but no gasoline motor), fishing, picnicking, hiking, jogging, mountain bicycling, horseback-riding, bird-watching and other forms of nature study, and school and university class field trips to study the area's natural and cultural resources. He further advised that prohibited would be such activities as swimming, any kind of motors (except electric trolling motors on boats), smoking, open fires, camping, any kind of excessively noisy devices, littering or waste disposal, for-profit commercial events, or groups larger than ten without a special use permit. Dr. Cutler advised that the Advisory Committee heard from a variety of recreational interest groups regarding current shortcomings at Carvins Cove and, in response, the Committee makes the following recommendations for recreation of the natural environment and improvement of recreational services: re-vegetate eroded stream banks with native plants, relocate roads and trails away from stream banks and other critical wildlife habitat, improve the very confusing signage, add another fishing pier, relocate and improve the picnic areas and restrooms, make parking areas sufficiently large enough to allow horse trailers to be turned around or driven through, create a network of designated and maintained recreational trails with proper signage and with maintenance help from volunteers like the Appalachian Trail, and consider holding a limited deer-hunting season to keep the deer herd in check. 152 Dr. Cutler stated that if Council, as the consultant and the Advisory Committee recommends, decides to make light recreational day use of Carvins Cove legal, the expertise of the Department of Parks and Recreation should be used to manage recreation, and suggested that the City Manager assign a recreation professional on the staff of the Parks Department to Carvins Cove to oversee recreation and recreational infrastructure; and provide for coordinated, joint administration of the Cove by assigning responsibility for water supply matters to the Water Department and administration of the recreational resources to the Parks Department. Finally, Dr. Cutler stated that the Advisory Committee makes an earnest plea to Council to take seriously the threat of our drinking water supply posed by the diversion of Catawba Creek and Tinker Creek water into the Carvins Cove Reservoir; currently, there is no monitoring of the quality of these waters, no way to close the tunnels remotely if a contamination threat was found to exist, and no program designed to help landowners along these creeks reduce unhealthy agricultural and urban runoff into these streams. Therefore, Dr. Cutler suggested that the topic of how to protect the entire source of Carvins Cove water be included on the agendas of future intergovernmental coordination meetings with officials from Roanoke and Botetourt Counties. (For full text, see statements read by Mrs. Bowles and Dr. Cutler on file in the City Clerk's Office.) (For full text of consultants report, see Carvins Cove Land Use Plan prepared by Whitesell Orrison, Inc., Landscape Architecture Land Planning, dated January 15, 2000, on file in the City Clerk's Office.) June Camper, 725 Wildwood Road, S. W., Executive Director, Roanoke Valley Horse Show, expressed appreciation for the City's support of the 1999 Roanoke Valley Horse Show. She called attention to an economic impact study that was prepared by the Roanoke Valley Convention and Visitors Bureau which reveals that the economic impact from the Roanoke Valley Horse Show is over $13 million for the one week, representing new money that is brought into the Roanoke Valley. Donnis Honeywell, President, Roanoke Valley Horsemen's Association, Inc., 130 Crest Hills Drive, Moneta, Virginia, addressed the future of horseback riding as a recreational activity at Carvins Cove. She advised that there are over 350 members of the organization, the purpose of which is to enhance the experience of horse ownership and 153 to support education and research related thereto. She called attention to the willingness of the organization to work with the City administration to provide input into the process of determining how activities will be regulated once new criteria is adopted related to management and recreation at Carvins Cove. She advised that horsemen have a long usage at Carvins Cove and have built and maintained most of the mountains and the trails that cross the mountains and valleys that make up the area. She stated that most recently, mountain biking has become a popular activity at Carvins Cove and this network of trails is now shared by many different users; and with the popularity of outdoor recreation and especially with the arrival of mountain bikers as significant users, attention has become focused on the management of the recreational activities and the wisdom of the use of Carvins Cove for these activities in general. She noted that when these issues surfaced some time ago, Council enlisted the advice of experts, the result of which is the report of the consultant currently before Council for consideration. She advised that the Roanoke Valley Horsemen's Association would like to be a part of the regulatory processes that will allow continued horseback riding at Carvins Cove along with other users of the trails. Bud La Roche, Regional Fisheries Manager for the Virginia Department of Game and Inland Fisheries, which is the agency responsible for wildlife management, expressed a desire to open a new era of cooperative management with the City of Roanoke and the Department of Game and Inland Fisheries relating to the Carvins Cove Reservoir, and it is hoped to do so within the new land use management plan to be developed. Mr. Rick Perry, 3075 Greenhill Drive, Salem, Virginia, spoke in support of allowing small gasoline (34 horsepower) engines at Carvins Cove. He called attention to the need for fish restocking, less noise pollution, and increased hours of operation at Carvins Cove. He asked that representatives of the sport of fishing be included for input prior to formalizing the recommendations of the Advisory Committee. Mr. Mark Martin, 3322 Oliver Road, N. E.,~commended Council and the Advisory Committee on the level of commitment displayed by all parties to discern the highest and best use of valuable resources at Carvins Cove. He requested that Council adopt the recommendations of the Advisory Committee and the consultants' report regarding recreational land use at Carvins Cove; and advised that the proposed recommendations are more restrictive than those for reservoirs located on the National Forest; the recommendations are compatible with responsible recreational land management policies of adjacent State and Federal agencies; and the City of Roanoke has an unusual opportunity to utilize resources in develoPing and maintaining the trails and facilities at Carvins Cove. He encouraged the City to take advantage of the opportunity to both protect its water supply/quality and to provide the residents of Roanoke with an unique recreational area. Carol Via, 6016 Burnham Road, Roanoke County, Vice-President of Publicity, Roanoke - Blue Ridge Mountain Bicycle Club, spoke in support of the recommendations of the Advisory Committee which will increase economic development and recreational activities for the Roanoke Valley. Wesley Best, 2601 Longview Avenue, S. W., advised that he served as a member of the Advisory Committee, however, his remarks represent his viewpoint as a private citizen in funding the various proposals that have been offered. He suggested that the City consider the volunteer efforts that have been used in nearby areas for trail systems, specifically the Explore Park Trail system which consisted of strictly volunteer labor. He called attention to hundreds of people who are willing to devote their time and effort to build and maintain the trail, all of which can be done without a large cash outlay. He spoke in support of the recommendations of the Carvins Cove Advisory Committee. Brian Lang, 6752 Quail Place, N. E., representing the Virginia Mountain Bike Patrol, advised that members of the organization patrol trails as volunteers to assist other trail users and to provide education about trail use policies and local regulations. He stated that he supports the opening of Carvins Cove to allow certain recreational activities and to regulate its use through the Department of Parks and Recreation. Question was raised in regard to whether or not there was input from the Mayor's Committee for People With Disabilities; whereupon, Gene Whitesell, Landscape Architect, Whitesell and Orrison, advised that the consultant took into consideration the Americans With Disabilities Act (ADA) compliance, specifically with regard to improvements to picnic facilities and trails adjacent to the park area, etc., to create ADA compliance. He stated that while the consultant did not receive direct input from the Mayors' Committee for Pe~ople with Disabilities, disabled accessibility was considered in the overall proposal. 155 Council Member Swain requested that representatives of the Mayor's Committee for People with Disabilities be afforded the opportunity for input. Mr. Mike Mills, 1316 Grandin Road, S. W., advised that there are numerous persons in the Roanoke Valley who care about recreational opportunities and it would be hoped to work more towards recreational possibilities for the entire City, such as bike lanes, more sidewalks, greenway improvements, etc. Mr. Robert Gravely, 1412 Moorman Road, N. W., advised that those persons using the Roanoke River and Tinker Creek for recreation should be more mindful of the effects of littering. Mr. Trout moved that the report of the Carvins Cove Land Use Advisory Committee be referred to the City Manager for review and report to Council. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member White was absent.) The Mayor requested that the City Manager review that portion of the prepared remarks of Dr. Rupert Cutler, Vice-Chair of the Carvins Cove Comprehensive Land Use Advisory Committee, in regard to the 200 acre dairy farm located on the headwaters of Tinker Creek in Botetourt County; and also the impact on water quality as a result of residential development in Botetourt County. POLICE DEPARTMENT: Bishop Spencer Manns, Jr., advised of the need for a civilian review panel which will cause the Police Department to be more accountable for its actions, and referred to over 100 alleged misconduct complaints filed against the Police Department which should be addressed by the City. He also advised that Police Officers need sensitivity training. Mr. George E. Franklin, Jr., 1715 Loudon Avenue, N. W., advised that he was present out of his concern regarding alleged police misconduct. He stated that he served as Chair of a committee which is dedicated to the social, political, economic, and cultural progress of the citizens of Roanoke; the committee has adopted the City's vision 156 statement as its charge and wishes to move swiftly toward getting a process started that will lead Roanoke to the status of "Star City" and will allow Roanoke to appreciate its past and direct a plan for the future. He noted that the committee is concerned with addressing a few major issues that were left over from the 20th century, and to eradicate any sense of oppressive behavior by members of City government in order that all citizens will realize their full potential and available resources toward developing a shining future, along with an appreciation of the past. Mr. Wayne Jones, 1309 Essex Avenue, N. W., advised that some time ago, a community relations task force recommended that Council take measures to establish a civilian review panel in response to harassment charges, excessive force and racial profiling which seems to be prevalent in the northwest community by certain police officers. He referred to an incident that occurred on December 31,1999, in which a citizen was shot by a police officer, and that citizen continues to be hospitalized; and asked how many other citizens of Roanoke will have to be a party to this type of behavior before Council recognizes the seriousness of the problems that exist within the Police Department, and when will Council take the appropriate action to address the problems. Mr. Michael Holland, 3747 Norway Drive, N. W., gave testimony to the difficulties experienced by a college educated African-American make in his search for a job in the City of Roanoke, and asked when will the leaders of the City of Roanoke recognize that problems do exist and bring together all of Roanoke's diverse communities. He stated that when he asks young black men and women who are about to graduate from high school or college what their future plans are, their response is to move away from Roanoke because there is nothing here for them. Mr. Linc Barrett, IV, 4268 Joplin Lane, S. W., advised that he appeared before Council out of his concern regarding a perception that has become reality for many citizens as to how they deal with the City's Police Department. He called attention to numerous complaints that have been filed againstthe Police Department, not all of which could be false, and encouraged that Council appoint a citizen review panel, independent of the Police Department, which will create more confidence in Council and in Roanoke's Police Department. He expressed concern regarding the plight of Henry Street which seems to be making no progress, with no objectives or purpose. He advised that constructive, measurable guidelines are needed to address the question of when Henry Street will come back in some form, or a 157 specific date, rather than individuals on a committee submitting recommendations that are not implemented. 'He stated that he is concerned with preserving the cultural and historical integrity of Roanoke's older black communities which seem to be under attack, and asked how those neighborhoods will be preserved from encroachment by developers. He requested that Council appoint a civilian review panel which will create more confidence in Council and in the Police Department and that citizens be provided with a timetable as to when something will be accomplished on Henry Street. Mr. Martin D. Jeffrey, President, Roanoke Chapter, N.A.A.C.P., advised that the incident which occurred on December 31, 1999, in which a citizen was shot by a police officer occurred as a result of a loosely restrained police dog, an over zealous police officer, and the absence of any real or external process for accountability by the Police Department. He stated that the City of Roanoke is drowning in a flood of lack of accountability, greed and complacency, and insensitivity and prejudice. He advised that the era of lack of accountability has lasted long enough and it is time for levels of accountability in the community. He referred to the growing number of citizens, composed of taxpayers and voters, who have joined a movement known as "Joshua's Army" who want the City of Roanoke to be all that it can be. He stated that citizens request that Council vote before the May 2 Councilmanic election on the recommendation of the Community Relations Task Force which included establishment of a civilian review panel to monitor police complaints. In regard to community-based economic development, including Henry Street and its use of imminent domain, Mr. Jeffrey advised that citizens want a real commitment to community and neighborhood preservation on both sides of the track and a moratorium on the destruction of further buildings on Henry Street and in Gainsboro. In regard to equal employment opportunity, he asked that the City strengthen its Equal Employment Opportunity policy to provide accountability and to serve as an example of leadership to local industry. In regard to education, equity and access, he requested that Council adopt a resolution which will allow citizens to elect School Board Trustees. Mr. Paul M. Holt, III, 1012 Campbell Avenue, S. W., advised that it does not matter if a person is convicted of a felony or a misdemeanor, but what does matter is that they are a citizen of Roanoke and no citizen deserves to be treated unfairly. He stated that either a civilian review panel is needed to assess police department actions, or, whenever an internal problem exists, there should be better 158 communication with the citizenry. He explained that when a complaint is filed against a police officer, actions taken as a result of the complaint are not reported, and if Council does not want to appoint a civilian review panel, the citizens of Roanoke deserve the right to know the actions taken as a result of a complaint filed against a police officer. Mr. Robert Gravely, 1412 Moorman Road, N. W., advised that the City of Roanoke has taken its citizens for granted by not hearing their wishes. He stated that there have been problems in the Police Department for years, with police officers practicing racial tactics in the black community and judges upholding actions of the Police Department. He stated that the City's economic situation is in a down swing because of such actions and the job market does not pay enough for the average person to be able to afford to live in Roanoke. Mr. Trout moved that the remarks be referred to the City Manager for review and report to Council. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Wyatt, Harris, Hudson, Swain Trout and Mayor Bowers ............................................................................ 6. NAYS: None .................................................................... ---0. (Council Member White was absent.) PUBLIC HEARINGS: STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted, by the Council on Monday, April 6, 1981,'the City Clerk having advertised a public hearing for Monday, March 20, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Robert Young that a ten foot wide alleyway running parallel with Carver Avenue, N. W., and running adjacent to lots identified as Official Tax Nos. 2041325 - 2041335, inclusive, and 2041341 on the south and property identified as Official Tax Nos. 3070316 and 3070301 on the north, fora distance of approximately 500 feet, 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 Thursday, March 2, 2000, and Thursday, March 9, 2000, and in The Roanoke Tribune on Thursday, March 9, 2000. (See publisher's affidavits on file in the City Clerk's Office.) 15g A report of the City Planning Commission advising that Mr. Young desires to use the alley for personal use, was before Council. The City Planning Commission recommended that Council approve the request to close and permanently vacate the above described section of public alley, subject to the following conditions: The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals thereof, and record same with the Clerk of the Circuit Court for the City of Roanoke; said plat shall combine all properties which would otherwise be landlocked by the requested closure, or otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law. Said plat shall retain appropriate easements, together with the right of ingress and egress over the same, for installation and maintenance of any and all existing utilities that may be located within the right-of-way. Upon meeting all other conditions to the granting of the application, the applicant shall deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of the ordinance granting the request for recordation in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as required by the Clerk to effect such recordation. Upon recording a certified copy of the ordinance granting the request with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, the Clerk's receipt, demonstrating that such recordation has occurred. If the above conditions have not been met within a period of one year from the date of adoption of the ordinance, granting the request, the ordinance shall be null and void with no further action by Council being necessary. (For full text, see report on file in the City Clerk's Office.) 160 ACTION: Robert Young, Petitioner, appeared before Council in support of his request. Mr. Trout moved that the following ordinance be placed upon its first reading: (#34731) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 62, page 555.) The motion was seconded by Mr. Swain. The Mayor inquired if there were persons present who would like to address Council with regard to the request. There being none, Ordinance No. 34731 was adopted, on its first reading, by the following vote: AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member White was absent.) STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981~ the City Clerk having advertised a public hearing for Monday, March 20, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the Roanoke Redevelopment and Housing Authority that a certain alley which extends easterly from First Street, N. W., between Wells Avenue and Centre Avenue for a distance of approximately 247 feet, 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 Thursday, March 2, 2000, and Thursday, March 9, 2000, and in The Roanoke Tribune on Thursday, March 9, 2000. (See publisher's affidavits on file in the City Clerk's Office.) 161 A report of the City Planning Commission advising that the application is submitted in connection with current and on-going needs of the Henry Street Project, was before Council. The City Planning Commission recommended that Council approve the request to close and permanently vacate the above described section of public alley, subject to the following conditions: The applicant shall submit to the Agent for the Planning Commission, receive all required approvals thereof, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, said plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over same, for installation and maintenance of any and all existing utilities that may be located within the right-of-way. The applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of an ordinance granting the request for recordation in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner~ and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. The applicant shall, upon a certified copy of the ordinance granting the request being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, in said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. If the above conditions have not been met within a period of 12 months from the date of adoption of the ordinance, granting the request, said ordinance shall be null and void with no further action by Council being necessary. (For full text, see report on file in the City Clerk's Office.) 162 John Baker, Executive Director, City of Roanoke Redevelopment and Housing Authority, appeared before Council in support of the request. ACTION: Mr. Trout moved that the following ordinance be placed upon its first reading: (#34732) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 62, page 557.) The motion was seconded by Mr. Hudson. The Mayor inquired if there were persons present who would like to address Council with regard to the request. There being none, Ordinance No. 34732 was adopted, on its first reading, by the following vote: :~' AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and Mayor Bowers ....................................................................... --6. NAYS: None ...................................................................... -0. (Council Member White was absent.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, March 20, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Emergency Veterinary Services of Roanoke, Inc., that a parcel of land containing 2.35 acres, more or less, located at 4902 Frontage Road, N. W., identified as Official Tax No. 6490804, be rezoned from RS-l, Residential Single Family District, to C-2, General Commercial 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 Thursday, March 2, 2000, and Thursday, March 9, 2000, and in The Roanoke Tribune on Thursday, March 9, 2000. (See publisher's affidavits on file in the City Clerk's Office.) ACTION: 163 A report of the City Planning Commission advising that the purpose of the request for rezoning is to redevelop the existing residential property for construction of a new building to be used as an emergency veterinary clinic, was before Council. The City Planning Commission recommended that Council approve the request for rezoning, subject to certain proffered conditions. (For full text, see report on file in the City Clerk's Office.) Edward A. Naif, Attorney, appeared before Council in support of the request of his client. Mr. Trout moved that the following ordinance be placed upon its first reading: (#34733) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 649, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 62, page 559.) The motion was seconded by Mr. Swain. The Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning. Ms. Ann Shannon, 4888 Frontage Road, N. W., advised that the area is slowly becoming a commercial district and she is being pushed out of her home. She stated that since January, property on the corner of Laurelridge Road and Frontage Road has been placed on the market for sale-which is zoned for residential use and that will create a commercial site on the left side of her property and a residential site on the right side. She called attention to water run off problems affecting her property during heavy rainfall, and asked that Frontage Road remain in its present condition and that the request for rezoning be denied. Mr. William Bestpitch, 381 Washington Avenue, S. W., inquired as to the amount of C-2 property currently existing in the City of Roanoke and how much is needed. He called attention to numerous C- 2 properties presently in the City of Roanoke that contain buildings in poor condition and inquired as to why those properties are not considered for such ventures as Mr. Natt's clients propose. He expressed concern that it does a great disservice to business owners and commercial property owners in the City of Roanoke when a business person operates his or her business until they retire, at which point there is no interest in purchasing the property because developers can request that the City of Roanoke rezone other property. He stated that one can travel up and down Williamson Road and other areas of the City and see property that needs to be redeveloped for this type of use. Mr. E. Duane Howard, 508 Walnut Avenue, S. E., spoke against the proposed rezoning and advised that it is important for Council to listen to the concerns of Ms. Shannon and how the rezoning will effect her neighborhood and her property. He concurred in the remarks of Mr. Bestpitch, and inquired as to why the petitioners could not use the facilities of already established animal clinics for evening emergency situations. There was discussion with regard to water run off onto the property of Ms. Shannon and the need for additional buffering of the "skunk hollow" area; whereupon, Mr. Natt advised that his clients will provide additional screening, buffering and storm water management. Upon concern expressed by the City Attorney in regard to State Code req'Jirements that proffered conditions must be submitted in writing and signed by the property owner, Mr. Natt orally submitted that his clients will agree, during development plan review, to include additional buffering/screening on the eastern side of the property line between the property of Ms. Ann Shannon and the proposed development and work with City staff to meet requirements regarding storm water management. No other persons wishing to be heard and no further questions or comments by the Members of Council, Ordinance No. 34733, on its first reading, was adopted by the following vote: AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member White was absent.) ACTION: ZONING: Pursuant to 165 Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, March 20, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Westwin of Roanoke, Inc., that a tract of land located at 2123 Crystal Spring Avenue, S. W., described as Lots 13 and 14, Block 49, Crystal Spring Land Company Official Tax No. 1050514, be rezoned from C-1, Office District, to CN, Neighborhood Commercial 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 Thursday, March 2, 2000, and Thursday, March 9, 2000, and in The Roanoke Tribune on Thursday, March 9, 2000. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the applicant desires to renovate the property for an upscale restaurant, was before Council. The City Planning Commission recommended that Council approve the request for rezoning, subject to certain proffered conditions. (For full text, see report on file in the City Clerk's Office.) David C. Helscher, Attorney, appeared before Council in support of the request of his client. Mr. Trout moved that the following ordinance be placed upon its first reading: (#34734) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No.105, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 62, page 561 .) The motion was seconded by Mr. Hudson. The Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning. 166 Michael Cleary, Attorney, representing First Presbyterian Church, advised that after meetings with representatives of the Church and Westwin Associates, the parties have been unable to reach a compromise. He stated that the proposed rezoning will take a property that is zoned for office use and convert same to a more intense use such as the proposed restaurant, and the church is more concerned about uses of the property if the proposed restaurant is not successful. Before approving the rezoning, he asked that Council take into consideration the type of restaurants that could be operated in a CN, Neighborhood Commercial District, and the impact on the ministry of First Presbyterian Church. The Reverend Robert Smith, Pastor, First Presbyterian Church, 2125 South Jefferson Street, advised that the Church is concerned with the way in which businesses have continued to crowd them out. Since Carilion Health System expanded, he stated that the Church has had a problem with being pressed from the north, and the parking area of the Church is notsufficient for its membership. He expressed concern that many of the activities of the Church occur during morning and evening hours and on many occasions the parking lot is occupied by persons other than Church members and guests; and the church is concerned that a restaurant with a seating capacity for 60 persons will place it in an adversarial relationship with restaurant patrons. He advised that it is important for Council to respect the need of the Church to continue to engage in its ministry and to be able to do so in an effective manner; therefore, on behalf of First Presbyterian Church, he requested that the petition for rezoning be denied. David C. Helsher, Attorney, representing the petitioner, clarified that vehicular parking will be addressed through valet parking, the restaurant will not be open on Sunday, and his client has extended an invitation to First Presbyterian Church to use restaurant parking facilities on Sunday. He advised that his client has stated that it will provide sufficient parking, and address any parking problems that may arise in a constructive manner. Mr. E. Duane Howard, 508 Walnut Avenue, S. W., advised that if First Presbyterian Church needs to have a car towed away, they should do so and the aggrieved party will either be angry enough that they will not continue to park on church premises, or they will not patronize the restaurant. He stated that residents of the area support the restaurant which is good for the neighborhood, there is available on street parking, and First Presbyterian Church should not have any more input in the request than if they were an individual resident. He urged that Council approve the request for rezoning. ACTION: 167 Barbara N. Duerk, Member, City planning Commission, submitted a minority report, advising that questions by adjoining landowners on both sides of the parcel of land were presented at the City Planning Commission's public hearing; Ms. Ann Shannon who lives at 4888 Frontage Road, N. W., objected because she had not been contacted by the attorney to attend a neighborhood meeting and Mr. Whitescarver, owner of WHO Enterprises, did not want his 35 employees to work beside an animal hospital. She stated that her concern is if the property is rezoned C-2, other C-2 zoning will be allowed for adjoining properties. She requested that Council table the petition for rezoning until the Economic Development Department can establish figures showing that C-2 use for the Frontage Road property is better and more appropriate than those uses allowed in a C-1 District. (For full text, see report on file in the City Clerk's Office.) There being no other persons who wished to be heard and no further comments or questions by the Members of Council, Ordinance No. 34734, on its first reading, was adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout and Mayor Bowers ............................................................................... 5. NAYS: Vice-Mayor Harris ............ , ......................................... 1. (Council Member White was absent.) SEWERS AND STORM DRAINS-EASEMENTS-WATER RESOURCES: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, March 20, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the proposal of the City of Roanoke to grant a 30-foot right-of-way and water and sanitary sewer easement across City-owned property located on Dogwood Lane, S. W., identified as Official Tax No. 1390216, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, March 12, 2000. (See publisher's affidavits on file in the City Clerk's Office.) Mr. Trout moved that the following ordinance be placed upon its first reading- 168 (#34735) AN ORDINANCE authorizing the conveyance of a 30-foot right-of-way and water and sanitary sewer easement across City-owned property on Dogwood Lane, S. W., identified by Official Tax No. 1390216, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 62, page 562.) Thc motion was seconded by Mr. Harris. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 34735 was adopted, on its first reading, by the following vote: AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and Mayor Bowers ...................................................................... -6. NAYS: None ....................................................................... 0. (Council Member White was absent.) PARKS AND RECREATION-CITY PROPERTY-WATER RESOURCES-NEIGHBORHOOD ORGANIZATIONS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, March 20, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the proposal of the City of Roanoke to extend the lease of a certain City-owned structure known as the Alexander-Gish House, located in Highland Park at 641 Walnut Avenue, S. W., together with the outbuilding and parking lot, to Old Southwest, Inc., for a period of five years, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, March 12, 2000. (See publisher's affidavits on file in the City Clerk's Office.) ACTION: Mr. Trout moved that the following ordinance be placed upon its first reading: (#34736) AN ORDINANCE authorizing the proper City officials to extend the lease agreement between the City and Old Southwest, Inc., for a period of five years, for the use of a certain City-owned structure known as the Alexander-Gish House, located in Highland Park, together with the outbuilding and parking lot, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Bo~k No. 62, page $63.) 169 The motion was seconded by Mr. Harris. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. William Bestpitch, 381 Washington Avenue, S. W., President, Old Southwest, Inc., appeared before Council in support of extension of the lease agreement. Ordinance No. 34736, on its first reading, was adopted by the following vote: AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout and Mayor Bowers ......................................................................... 6. NAYS: None ....................................................................... 0~ (Council Member White was absent.) OTHER HEARING OF CITIZENS: ZONING-COMPLAINTS: Mr. George Gunther, P. O. Box 12353, Roanoke, Virginia, expressed concern with regard to certified mail from the Zoning Department to citizens of Roanoke, i. e., the Post Office has been instructed to return unclaimed certified mail to the City within five days. He stated that certified mail from the City to citizens of Roanoke should nct be returned for at least 15 business days or 21 calendar days to allow sufficient time for taxpayers to claim their mail. It was the consensus of Council to refer the remarks of Mr. Gunther to the City Manager for response. There being no further business, the Mayor declared the meeting adjourned at 10:50 p.m. APPROVED ATTEST: Ma~ .Pa~r er''~' ~ City Clerk Mayor 170 REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL April 3, 2000 12:15 p.m. The Council of the City of Roanoke met in regular session on Monday, April 3, 2000, at 12:15 p.m., the regular meeting hour, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor David A. Bowers presiding, pursuant to Rule 1, Reaular Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Linda F. Wyatt, C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout, William White, Sr. and Mayor David A. Bowers ......................................................................................................... -7. ABSENT: None ...................................................................................... 0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk= At 12:17 p.m., the Mayor declared the meeting in recess. At 12:25 p.m., the meeting reconvened in the Emergency Operations Center Conference Room, Room 159, with Mayor Bowers presiding, and all Members of the Council in attendance. CITY MANAGER: The City Manager presented an oral briefing on proposed City staff reorganization which will require adoption of measures to change the names of certain departments and/or other minor activities. She reviewed the current organizational chart of the City and the proposed reorganization, which is fluid and can be revised as necessary. She advised that Roanoke's needs are changing as a community and the City should be willing to address those changes by revising its organizational structure; an attempt has been made to reduce the number of directors or assistant City Managers and to subsequently reduce the number of departments from 30 plus to 14. She suggested that those activities reporting to the individual Assistant City Managers should be arranged in such a way so as to be conducive to the kind of consideration, team work and integration that will be critical for the future of the City of Roanoke. Ms. Burcham reviewed the following proposed organizational chart: 171 CITY MANAGER DEPUTY CITY MANAGER - Public Information Officer - Environmental Manager - Tourism and Cultural Activities and Agencies DEPARTMENT OF ECONOMIC DEVELOPMENT ASSISTANT CITY MANAGER FOR ORGANIZATIONAL SUPPORT DEPARTMENT OF MANAGEMENT AND BUDGET - Grants Compliance - Citizen Service Center DEPARTMENT OF HUMAN RESOURCES - Occupational Health - Risk Management DEPARTMENT OF TECHNOLOGY - Emergency Communications Center - Radio Systems Maintenance - Information Systems DEPARTMENT OF GENERAL ASSISTANT CITY MANAGER FOR OPERATIONS DEPARTMENT OF UTILITIES - Water - Utility Line Services DEPARTMENT OFFIREIEMS DEPARTMENT OF PUBLIC WORKS - Streets and Traffic - Engineering - Solid Waste Management and Recycling DEPARTMENT OF CIVIC ASSISTANT CITY MANAGER FOR COMMUNITY DEVELOPMENT DEPARTMENT OF PLANNING AND CODE ENFORCEMENT - Planning - Code Enforcement DEPARTMENT OF PARKS AND RECREATION - Natural Resources - Parks and Facilities - Recreation DEPARTMENT OFHUMAN SERVICES - Social Services - Youth Services DEPARTMENT OF POLICE SERVICES - Building Services - Fleet Management - Purchasing FACILITIES - Victory Stadium - Civic Center DEPARTMENT OF BUILDING DEPARTMENT OF LIBRARIES INSPECTIONS The City Manager explained that the organizational chart signals an opportunity for the City to be more responsive to both internal needs, as well as citizen needs, and the proposed reorganization will better suit the needs of the community; and with Council's concurrence, she will ask the City Attorney to prepare the necessary measures to effect the name changes of departments, changes in the title of certain individuals from manager to division or bureau head within a department, and changes to titles and pay grades would not have an immediate effect on compensation; but could mean that the range will be shorter than the previous pay range. She added that this is an opportunity for existing staff to signal a desire to change positions, or to be reassigned to other positions, effective as soon as possible and no later than July 1. 172 in a discussion of the proposed reorganization, the City Manager advised that there will be a redirection in the total number of management positions and staff; and City departments have been requested to review vacancies in their departments to determine if employee positions can be consolidated and to determine if management positions can be reduced. She added that Director positions will be reduced from four to three Assistant City Managers; there will be further restructuring within individual departments and the budget that will be presented to Council at its next meeting will include significant restructuring changes which will generate additional funds in the overall general fund budget. She advised that no employee will lose their job as a result of the proposed reorganization; and a high degree of accountability and responsibility will be placed on department heads who will be expected to convene meetings with other division heads to insure that solutions are found atthe lowest level in the City organization. Presently, she stated that the Directors and the City Manager and Assistant City Manager function as a team rather than operating in their individual silos, and by sharing information, they also share in decision making, and called attention to remodeling of office space in the City Manager's Office in order to place the City Manager, Deputy City Manager and Assistant City Managers in the same suite of offices. She advised that administrative support staff has been reduced by two positions, and administrative staff in the City Manager's Office work as a self-managed work team and decide upon such things as work flow, vacation schedules, etc. Following discussion of the City Manager's proposed reorganization, without objection by Council, the Mayor advised that the briefing would be received and filed. TRAFFIC: The City Manager advised that representatives of various neighborhood organizations will attend the April 17, 2000, meeting of City Council to share their concerns with regard to the proposed widening of 10th Street and to officially ask that Council rescind its earlier position on the widening of 10th Street. She called attention to a meeting which was held with neighborhood representatives to review past actions of Council and proposed future actions, after which City staff agreed to prepare preliminary drawings that the Director of Public Works could take back to the neighborhoods based on their input that could serve as a substitution to the four-laning of 10th Street. In the meantime, she advised that she has requested that the Virginia Department of Transportation suspend any action on the 10~ Street project until there is an opportunity to hear from citizens. She called on Robert K. Bengtson, Director of Public Works, for a status report on his meetings with neighborhood representatives and the alternative plan presently under consideration, which is presented to Council in anticipation of neighborhood representatives addressing Council at its meeting on April 17. Mr. Bengtson advised that four neighborhood organizations were in attendance at the meeting referred to by the City Manager: Washington Park Neighborhood Alliance, Melrose/Rugby Neighborhood Forum, Grayson Avenue 173 Beautification Council, and Williamson Road Action Forum. He explained that in June 1998, a four-lane improvement was proposed for 10th Street from Gilmer Avenue to Orange Avenue and three lanes from Orange Avenue to Williamson Road, and VDOT was proceeding accordingly, however, information from neighborhood organizations in February 2000 indicated a need for further review. He reviewed a plan that reflects the ideas that were brought forth by neighborhood representatives which include two lanes of traffic, with the southbound and northbound lanes being ten feet wide, adjoining each travel lane would be a five foot bicycle lane with a white line separating the travel lane from the bike lane on each side of the street, new curb, gutter and sidewalk, striping of about seven and one-half feet with landscaping and utility poles and street lights on both sides of the street. Mr. Bengtson reviewed ideas submitted by representatives of the neighborhood organizations that the project consist of two lanes as opposed to four lanes; left turn storage lanes at particular locations along Moorman Road, Orange Avenue, Rugby Boulevard, Grayson Avenue and Hunt Avenue; traffic signals at the intersections of Williamson Road, Hunt Avenue, Orange Avenue, Moorman Road and Grayson Avenue; drainage facility improvements in terms of curb and gutter for the entire length of the project; five feet wide sidewalks on both sides of the street; bicycle lanes; and site distance improvements for safety reasons, particularly at the intersection of 10th Street and Staunton Avenue where it is' difficult to see oncoming traffic because the hill crests at Roundhill Avenue and the Courtland Road intersection. There was discussion with regard to whether VDOT will fund a two-lane roadway and the City Manager pointed out that if VDOT does not approve a two-lane project, it then becomes a one hundred per cent City funded project, although there is a possibility of enhancement funds for the project if it does not proceed through its normal route. She stated that this plan has not been-reviewed with VDOT officials. Mr. Bengtson further advised that the bridge over Lick Run would als° be replaced by virtue of the project and landscaping would be included. The City Manager advised that VDOT is prepared to provide funds to design a roadway, therefore, the project is closer to reality now more than ever before, however, the real question is, will VDOT design the roadway in a manner that supports the 10th Street community of today. On a larger scale, she stated that this is a state wide problem dealing with the level of funding that the state makes available for roads and the process by which roads are developed which is something that should be discussed in the City's Legislative Program. Council Member Swain requested a list of participants in the neighborhood meeting, which Mr. Bengtson advised that he would provide. 174 ACTION: Without objection by Council, the Mayor advised that the 10th Street briefing would be received and filed. PURCHASE/SALE OF PROPERTY: A report of the City Manager requesting that Council convene in a Closed Meeting to discuss acquisition and disposition of real property for public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Sect. 2.1-344 (A)(3), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. Harris moved that Council concur in the request of the City Manager to convene in a Closed Meeting to discuss acquisition and disposition of real property for public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout, White and Mayor Bowers .......................................................................................... 7. NAYS: None .......................................................................................... 0. Inasmuch as the 2:00 p.m., Council session would convene in 15 minutes, it was the consensus of Council to hold the Closed Meeting immediately following the 2:00 p.m., Council session. At 1:45 p.m., the Mayor declared the meeting in recess until 2:00 p.m, in the City Council Chamber, fourth floor, Municipal Building. At 2:00 p.m., on Monday, April 3, 2000, the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding. PRESENT: Council Members Linda F. Wyatt, C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout, William White, Sr. and Mayor David A. Bowers ........................................................................................................ -7. ABSENT: None ..................................................................................... 0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. 175 The reconvened meeting was opened with a prayer by The Reverend Elizabeth McMaster, Minister, Unitarian Universalist Church of Roanoke. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS: CITY SHERIFF: The Mayor recognized the Roanoke City Sheriff's Office upon achievement of 100 per cent compliance with the Board of Corrections Life, Health and Safety Standards for Jails. PROCLAMATIONS-HOUSING/AUTHORITY: The Mayor presented a Proclamation declaring the month of April 2000 as Fair Housing Month. (For full text, see Proclamation on file in the City Clerk's Office.) PROCLAMATIONS: The Mayor presented a Proclamation declaring the week of April 9 - 15 as KOVAR - Knights of Columbus Week. (For full text, see Proclamation on file in the City Clerk's Office.) PROCLAMATIONS-POLICE DEPARTMENT-COMMUNICATIONS DEPARTMENT: The Mayor presented a Proclamation declaring the week of April 9 - 15 as National Telecommunicator's Week. (For full text, see Proclamation on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#34737-040300) A RESOLUTION recognizing Sharon F. McGhee as Roanoke Public Safety Telecommunicator of the Year 2000 in the City's E-911 Communications Center. (For full text of Resolution, see Resolution Book No. 62, page 564.) ACTION: Mr. Trout moved the adoption of Resolution No. 34737-040300. The motion was seconded by Mr. Hudson and adopted by the following vote: 176 ACTION: ACTION: AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout, White and Mayor Bowers ............................................................ -7. NAYS: None ....................................................................... 0. 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. COMMITTEES-ROANOKE ARTS COMMISSION: A communication from Ann Weinstein, Member, Roanoke Arts Commission, advising of the resignation of Mark Scala, effective immediately, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that the communication be received and filed, and that the resignation be accepted. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. BUILDINGS/BUILDING DEPARTMENT-OATHS OF OFFICE- COMMITTEES: The following report of qualification was before Council: Peter W. Clapsaddle as a member of the New Construction Code, Board of Appeals, for a term ending September 30, 2003. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mr. White moved that the report of qualification be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: 177 AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. REGULAR AGENDA SCHOOLS: The Mayor advised that on June 30, 2000, there will be three vacancies on the Roanoke City School Board for terms commencing July 1, 2000, and ending June 30, 2003. He further advised that seven applications for the positions were received prior to the deadline on March 10, 2000. The Mayor explained that Section 9-20, Selection of Candidates for Public Interview, provides that on or before April 20 of each year Council shall, by public vote, select from the field of candidates those candidates to be accorded the public interview required by Section 9-21 of the City Code, and all other candidates shall be eliminated from the School Trustee selection process. ACTION: Mr. White moved that James P. Beatty, F. B. Webster Day, Marsha W. Ellison, Sherman P. Lea, William H. Lindsey (application was withdrawn), Gloria P. Manns and William E. Skeen be accorded the public interview by Council on Tuesday, April 18, 2000, commencing at 4:30 p.m., in the City Council Chamber. The motion was seconded by Mr. Trout and unanimously adopted. HEARING OF CITIZENS UPON PUBLIC MATTERS: AIRPORT-BUDGET: A communication from Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport, transmitting the Airport Commission's fiscal year 2000-2001 budget and proposed capital expenditures, was before Council. (For full text, see communication and supporting documentation on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#34738-040300) A RESOLUTION approving the Roanoke Regional Airport Commission's 2000-2001 proposed operating and capital budget upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 62, page 565.) 178 ACTION: ACTION: ACTION: Mr. Trout moved the adoption of Resolution No. 34738-040300. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0o TAXICABS AND FOR-HIRE VEHICLES: Richard E. Viar, Attorney, representing Yellow Cab Services of Roanoke, Inc., appeared before Council and presented a petition requesting an adjustment in rates for taxicab service and for hire automobiles in the City of Roanoke, which rates are regulated pursuant to Section 34-130 Code of the City of Roanoke (1979), as amended, and represent an approximate 17 per cent increase over present rates. He advised that the rate increase is required if Yellow Cab is to partially offset increased costs of doing business which have been experienced since the last increase on October 15, 1990. C. R. Sisson, representing Liberty Cab Co., requested that any increase be technically achievable insofar as programming meters, number of passengers, etc., and that any increase not be exorbitant. Mr. Trout moved that the matter be referred to the City Manager for report and recommendation to Council. The motion was seconded by Mr. Hudson and unanimously adopted. HOUSING/AUTHORITY: A request of Ms. Gloria Dorma, to discuss multi-family housing in the City of Roanoke, was before Council. The Mayor advised that Ms. Dorma had requested that the matter be deferred until the regular meeting of Council'on Monday, April 17, 2000, at 2:00 p.m. PETITIONS AND COMMUNICATIONS: TECHNOLOGY BUSINESS ADVISORY COUNCIL: A communication from Mayor David A. Bowers with regard to the Mayor's Technology Business Advisory Council advising that following discussion late last year with several business leaders, it became apparent that the City needed to understand and represent technology businesses, a growing part of the national economy, in a better way; and although the City has had success over the years under the leadership of Jim Trout, Brian Wishneffand Phil Sparks in bringing new 179 businesses and industry (and many new jobs) to Roanoke, he was impressed with those persons in technology related businesses who said that the City needed to do more to be competitive in this sector, was before Council. The Mayor stated that an informal group of business, government, school, civic and banking leaders met on two occasions to discuss the City's role in promoting technology businesses, which started as an informal process, but quickly gained momentum and will shortly need additional structure and advice from other groups, such as Council Member Trout and the Economic Development Commission; he added that this is an exciting new venture for City government, and, more importantly, for the business sector in the Roanoke Valley; and accordingly, he requested Beth Doughty, President of the Roanoke Regional Chamber of Commerce, to establish a working group of about ten persons to submit ideas to Council regarding a more formal structure of the group, and to prioritize issues and concerns which technology business leaders in the Roanoke Valley believe should be addressed. (For full text, see communication on file in the City Clerk's Office.) Elizabeth Doughty, President, The Roanoke Valley Regional Chamber of Commerce, advised that in January 2000, the beginning of the new century provided a good opportunity to discuss Roanoke's position in terms of the new economy; therefore, approximately 40 business leaders were convened by the Mayor at a luncheon to discuss Roanoke's potential in the new economy, and this group became known as the Mayor's Technology Business Advisory Council. She stated that the group engaged in discussions regarding Roanoke's potential for new economy jobs and the growth of software and technology based businesses that could provide opportunities for Roanoke's young people. She advised that a second meeting of the Mayor's Technology Business Council was hosted last month which included discussion on Roanoke's potential and those things that could happen to help make Roanoke more competitive, the out growth of which was the creation of a task force composed of representatives of business technology companies, Roanoke Valley Chamber of Commerce, the New Century Venture Center, and the City Manager's Office. She stated that the Task Force will submit recommendations on how to make Roanoke more competitive in the future and to foster the growth of technology based businesses in the locality. 180 ACTION: Bonz Hart, President, Meridium, called attention to the opportunity to engage in regional efforts to insure that the Roanoke Valley is in the forefront as the economy moves to more of a technology based world. Lisa Isom, representing the New Century Venture Center, advised that while the Center is a mixed use faCility, it deals more and more with technology-type companies in an effort to render assistance. She called attention to the need for high speed Internet access for technology companies and the importance of attracting and retaining good employees. She advised that the next meeting of the Advisory Council will be held at the New Century Business Venture Center located at 1354 8th Street, S. W., on May 12, 2000, at 12:00 noon, and invited the Members of Council to attend. Without objection by Council, the Mayor advised that his communication and the remarks of Ms. Doughty, Mr. Hart and Ms. Isom would be received and filed. BUDGET-COMMONWEALTH'S ATTORNEY-GRANTS: A communication from the Commonwealth's Attorney advising that the Department of Criminal Justice Services (DCJS) has awarded the City of Roanoke a grant in the amount of $92,759.00 for the year 2000 to be known as VIRGINIA EXILE, which will provide the City with additional funding resources to enhance prosecution efforts to combat violent gun carriers in the City, was before Council. It was further advised that the EXILE Grant coincides with the implementation of new state laws which set minimum mandatory sentences for convicted felons who possess guns, individuals who possess guns while possessing drugs, and people who bring guns onto school property with the intent to use them; the City would use the funds to target those who illegally possess and use firearms and to reduce the number of violent firearms crimes in the City, and this goal will be achieved through a unified effort of prosecution, law enforcement, and a public awareness campaign. It was explained that VIRGINIA EXILE funding will continue at least through 2002; annual re-application for funding will be required; VIRGINIA EXILE in the City of Roanoke will fund the hiring of a dedicated prosecutor, and a part-time administrative assistant, allow police to conduct gun check points, and provide for a computer system to track gun offenses from the time of arrest to the time of final disposition. ACTION: 181 The Commonwealth's Attorney recommended that Council adopt a resolution accepting year 2000 DCJS funds and authorize the City Manager to execute the requisite Grant Agreement, Funding Approval, and any other forms required by DCJS on behalf of the City in order to accept such funds, said Agreement and forms to be approved as to form by the City Attorney; appropriate $103,066.00 to certain accounts in the Grant Fund as established by the Director of Finance and in accordance with State grant requirements, and establish a grant fund revenue estimate; and increase General Fund revenue estimate, Account No. 001-020-1234-0405, by $10,307.00 and increase expenditure estimate in Transfer to Grant Fund Account, No. 001-004- 9310-9535, by $10,307.00, to fund the local match. The City Manager submitted a report concurring in the recommendation of the Commonwealth's Attorney. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#34739-040300) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General and Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 566.) Mr. Hudson moved the adoption of Ordinance No. 34739-040300. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. Mr. Hudson offered the following resolution: (#34740-040300) A RESOLUTION accepting the Virginia Exile Grant offer made to the City by the Department of Criminal Justice Services and authorizing execution of any required documentation on behalf of the City. (For full text of Resolution, see Resolution Book No. 62, page 567.) 182 ACTION: Mr. Hudson moved the adoption of Resolution No. 34740-040300. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: PARKS AND RECREATION: The City Manager introduced a briefing on the Parks and Recreation Comprehensive Master Plan by Beverly T. Fitzpatrick, Jr., Chair, and Elizabeth Poff, Vice Chair, Citizens Advisory Committee. Mr. Fitzpatrick presented findings of the Parks and Recreation Comprehensive Master Plan, which was a team effort by 21 members of the Citizens Advisory Committee, with assistance of Parks and Recreation staff and the consultant. Ms. Poff reviewed key issues of the Master Plan, which form action strategies in regard to recreation centers, trails and greenways, aquatic facilities, recreation programs, marketing of recreational programs, maintenance of facilities/parks, Carvins Cove and the recreational usage thereof, the role of Parks and Recreation as a partner with the school system, skateboard park, etc., departmental organization with other governmental entities, funding, and a comparison of other cities and bench marking. She advised that a comparison of Roanoke with other cities revealed that Roanoke spends on average of $31.97 per capita compared with like cities throughout the nation that spends an average of $62.30 per capita, and cities in the Commonwealth of Virginia spend an average of $53.37 per capita; funding issues relative to recovered costs revealed that the City of Roanoke is recovering approximately 26 per cent as opposed to the national average of 52 per cent; and demographics support facilities, the need for more gyms and playing fields and overall improvement of existing facilities. 183 Mr. Fitzpatrick reviewed the 11 strategies and recommendations contained in the Master Plan and advised that three phases are proposed: Phase I: $3.8 million which has already been identified in the 1997 bond issue for park improvements. Phase I1:$10.9 million consisting of $900,000.00 in park improvements, the first major recreation center, the first major swimming pool renovation, a projected $1 million worth of land for renovation, and $1 million worth of greenway improvements for which no funds have been identified; and Phase II1: To include the above listed items, except for $3 million in park acquisition as opposed to $900,000.00, for a grand total of $27.7 million, for which funds have not been identified. Mr. Fitzpatrick advised that the report is intended for briefing purposes only and will be presented to the Long Range Planning Committee of the City Planning Commission and to the full membership of the City Planning Commission° (See comprehensive Parks and Recreation Master Plan (Draft) on file in the City Clerk's Office.) Council Member Swain inquired if the "little green house" in Washington Park will be historically preserved; whereupon, Mr. Fitzpatrick stated that the Advisory Committee did not address the structure specifically, but it was looked at in terms of historic preservation and the environment and will be included in the more detailed strategies of the process. Following comments by Members of Council, and without objection by Council, the Mayor advised that the briefing would be received and filed. ITEMS RECOMMENDED FOR ACTION: RAILSIDE LINEAR WALK: The City Manager submitted a written report advising that property located adjacent to the tracks of Norfolk Southern Railway Company, between Second Street and South Jefferson Street, was acquired by the City from the Norfolk Southern Railway Company for development of the Railside Linear Park; ACTION: approximately 15,256 square feet of property needs to be dedicated as public street right-of-way to permit public access to existing loading docks on the warehouse buildings; remaining City property located between the proposed public street and existing buildings needs to be subdivided, creating eight new lots, in a manner to permit future conveyance to adjoining property owners since the City has no need for the property; and dedication of this right-of-way will provide public access for the adjoining property owners, which needs to be assured prior to construction of the final phase of the Railside Linear Park. The City Manager recommended that she be authorized to execute the appropriate documents, in a form to be approved by the City Attorney, subdividing and creating eight new lots, and dedicating City property to public street purposes. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#34741-040300) A RESOLUTION authorizing execution of a plat of subdivision and any other documents necessary to provide for the dedication as public right-of-way of a 15,256 square foot area situated north of Norfolk Avenue, S. W., between South Jefferson Street and Second Street, S. W. (For full text of Resolution, see Resolution Book No. 62, page 568.) Mr. Trout moved the adoption of Resolution No. 34741-040300. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. CMERP-PUBLIC WORKS-EQUIPMENT: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program (CMERP) identified the need to replace a street sweeper in the Parks and Grounds Department; which unit will replace an older unit that is expensive to repair and has extensive downtime. ACTION: 185 The City Manager recommended that Council authorize issuance of a purchase order for one tricycle type street sweeper from Virginia Public Works Equipment Company, at a total cost of $88,849.00, and reject all other bids received by the City. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#34742-040300) A RESOLUTION accepting the bid of Virginia Public Works Equipment Company, for the purchase of one new tricycle type street sweeper, upon certain terms and conditions; and rejecting all other bids made for such items. (For full text of Resolution, see Resolution Book No. 62, page 569.) Mr. Trout moved the adoption of Resolution No. 34742-040300. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. FEE COMPENDIUM: The City Manager submitted a written report advising that on April 7, 1986, Council adopted Resolution No. 28075 as part of the City's Fee Compendium, permitting City departments to assess a fee for personal photocopies provided to the public, in the amount of $.50 per copy if the copy was made by a City employee and $.25 per copy if the copy was made by the requesting individual; and these fees normally include reasonable staff time and remain in effect today. Itwas further advised that in 1999, the Virginia General Assembly amended Section 2.1-342.F, Code of Virginia (1950), as amended, Virginia Freedom of Information Act which states in part: "...A public body may make reasonable charges for its actual cost incurred in accessing, duplicating, supplying, or searching for the requested records. No public body shall impose any extraneous, intermediary or surplus fees or expenses to recoup the general costs associated with creating or maintaining records or transacting the general business of the public body. Any duplicating fee charged 186 by a public body shall not exceed the actual cost of duplication; the public body may also make a reasonable charge for cost incurred in supplying documents produced from a geographic information system at the request of anyone other than the owner of the land that is the subject of the request. However, such charges shall not exceed the actual cost to the public body in supplying such records . . ." It was explained that the Management Services Department is responsible for overseeing centralized photocopying activities for the City; based on the current billing rate for copies made for internal use by City departments, the cost to provide photocopies is $0.05 per impression; and this rate, however, does not include charges for any applicable search and/or computer time, as copy!ng equipment is made available for use by all City departments and agencies. In order to comply with the Code of Virginia regarding fees for accessing, duplicating, supplying, or searching for requested public records, the City Manager recommended that Council approve a rate change for personal photocopies provided to the public and amend the Fee Compendium, as follows: Copy Charge: $.05 per impression Research/Staff Time Charge: If staff time is required to search/research public records, an additional charge may be applied based on the hourly rate of pay, including fringe benefits, of the individual City employee(s) conductin~g the search. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#34743-040300) A RESOLUTION amending the City's Fee Compendium to comply with the Code of Virginia in imposing fees for accessing, duplicating, supplying, or searching for requested public records. (For full text of Resolution, see Resolution Book No. 62, page 570.) .... ACTION: 187 Mr. Trout moved the adoption of Resolution No. 34743-040300. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout, White and Mayor Bowers .............................................................. 7o NAYS: None ....................................................................... 0. AIRPORT-TRAFFIC-BUDGET-SIGNALS AND ALARMS: The City Manager submitted a written report advising that the intersections of Airport Road at Towne Square Boulevard and Airport Road at Municipal Drive, N. W., have been on the City's list for future traffic signalization for several years; while both locations have met the warrants for signalization, neither were ranked high enough to make the list of intersections funded from the latest bond referendum, and they currently rank second and eighth respectively on the pending list of new traffic signals; Advance Auto Parts, Inc., has been working with Roanoke County regarding expansion of its existing facility on the east side of Airport Road; Roanoke County approached City staff concerning the need for signalization at the two intersections noted above, which led to an offer by the County to fund 50 per cent of the $350,000.00 total estimated cost to signalize these two locations; funding sources have been identified to provide the City's share of $175,000.00; the City would handle all design and construction activities and obtain 50 per cent reimbursement from Roanoke County; and these sources do not include funds previously established for new traffic signals in the latest bond referendum. The City Manager recommended that Council adopt an ordinance authorizing her to execute an agreement with Roanoke County for sharing in the cost of traffic signalization on Airport Road, and amend the professional services agreement with Mattern & Craig, P. C., for traffic signal design; and adopt a budget ordinance transferring $175,000.00 to a new account and appropriating $175,000.00 as provided by Roanoke County, (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#34744-040300) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. 188 ACTION: (For full text of Ordinance, see Ordinance Book No. 62, page 571.) Mr. Hudson moved the adoption of Ordinance No. 34744-040300. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout, White and Mayor Bowers ............................................................. -7. NAYS: None ....................................................................... 0. Mr. Hudson offered the following resolution: (#34745-040300) A RESOLUTION endorsing Roanoke's participation with the County of Roanoke sharing the actual cost of two (2) new traffic signals on Airport Road, N. W., within Roanoke, and authorizing the appropriate Roanoke officials to enter into the requisite agreement with the County of Roanoke, upon certain terms and conditions. ACTION: (For full text of Resolution, see Resolution Book No. 62, page 572.) Mr. Hudson moved the adoption of Resolution No. 34745-040300. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. BUDGET-HOUSING/AUTHORITY-GRANTS: The City Manager submitted a written report advising that the Derelict Structures Fund (DSF) is a program funded by the General Assembly to assist with the removal or renovation of badly deteriorated properties; the Virginia Department of Housing and Community Development (DHCD) solicited proposal.~ for the program in 1999; on August 16, 1999, Council authorized the Acting City Manager to submit a funding proposal for $100,000.00 for renovation of the Shenandoah Hotel on the City Market; and in January 2000, DHCD notified the City that its proposal was one of five in the State that had been approved. It was further advised that in order to accept the funds, the City must execute a grant agreement with the Virginia Department of Housing and Community Development which commits the funds for ACTION: 189 use exclusively on the Shenandoah Hotel, as proposed; the Hotel is being renovated by the Western Virginia Foundation for the Arts and Sciences for temporary housing for Mill Mountain Theatre actors, rehearsal space, public educational activities, and ground-floor retail space; and to disburse grant funds to the project, an agreement with the Western Virginia Foundation for the Arts and Sciences is necessary. The City Manager recommended that she be authorized to execute the Derelict Structures Fund Agreement with the Virginia Department of Housing and Community Development to accept the $100,000.00 grant, and to execute a contract, to be approved as to form by the City Attorney, with the Western Virginia Foundation for the Arts and Sciences for disbursement of the grant funds; and that Council appropriate $100,000.00 to an account in the Grant Fund to be established by the Director of Finance and establish a revenue estimate in the same amount. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#34746-040300) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 573.) Mr. Harris moved the adoption of Ordinance No. 34746-040300. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. Mr. Harris offered the following resolution: (#34747-040300) A RESOLUTION authorizing the acceptance of a Derelict Structures Fund Grant from the Virginia Department of Housing and Community Development, authorizing execution of any and all requisite documents, and authorizing execution of an agreement with the Western Virginia Foundation for the Arts and Sciences for disbursement of the grant funds. 190 ACTION: (For full text of Resolution, see Resolution Book No. 62, page 574.) Mr. Harris moved the adoption of Resolution No. 34747-040300. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. SEWERS AND STORM DRAINS-PARKS AND RECREATION: The City Manager submitted a written report advising that the Roanoke River Interceptor Sewer Replacement is part of a renovation and expansion of joint use sewer facilities project and replaces the existing interceptor sewer from the Water Pollution Control Plant to the Salem City limit; Contracts Al, A2, B1 and B2 are with Alex E. Paris Contracting Co., Inc., and replaces the existing interceptor from the Water Pollution Control Plant to Wasena Park at Winchester Street, which contracts represent a total of 26,982 feet (5.1 miles) of sewer replacement. It was explained that the project (Contracts Al, A2, B1 and B2) is approximately 99 per cent complete and is scheduled to be completed by April 1, 2000; a proposed 60 inch diameter sewer was found to be in conflict with the existing sewer at three locations in Wasena Park; Council was briefed on the issue on October 4, 1999; the conflict required the contractor to perform extra work to divert the existing sewer flow by pumping and to replace approximately 330 feet of existing 42" sewer ($385,275.00); the contractor also performed additional work to grout the tunnel at Reserve Avenue ($72,425.00); Change Order No. 6, in the total amount of $457,700.00, includes all costs associated with the additional work and is recommended for approval; the consulting engineer, Black & Veatch, concurs in the recommendation; and funds are available in the project contingency and each participating local government will be responsible for its pro- rata share of this regional project. It was noted that the proposed change order cost is apportioned between the participating jurisdictions as follows: City of Roanoke 36.7% $167,976.00 City of Salem 33.7% 154,245.00 Roanoke County 29.6% 135,479.00 Total 100.0% $457,700.00 - - ACTION: 191 Th[ City Manager recommended that she be authorized to execute Change Order No. 6, in a form to be approved by the City Attorney, with Alex E. Paris Contracting Co., Inc., in the total amount of $457,700.00, and 15 additional calendar days of contract time. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency ordinance: (#34748-040300) AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 6 to the City's contract with Alex E. Paris Contracting Co., Inc., for the Roanoke River Interceptor Sewer Replacement, Contracts AI~ A2, B1 and B2, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 575.) Mr. Harris moved the adoption of Ordinance No. 34748-040300. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Wyatt, Harris, Hudson, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. Mr. Hume Powers, 2641 Nottingham Road, S. E., complained about the delays in connection with the reopening of Wiley Drive; whereupon, the City Manager was requested to provide Council with a projected date for Wiley Drive reopening. COUNCIL: Pursuant to the action taken by Council at its 12:15 p.m., session, Council convened in Closed Meeting to discuss a matter regarding acquisition and disposition of real property for public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. At 4:20 p.m., the Mayor declared the meeting in recess. At 4:45 p.m., the meeting reconvened in the Council Chamber with Vice-Mayor Harris presiding and all Members of the Council in attendance, with the exception of Mayor Bowers. (The Mayor left the meeting following the Closed Session.) 192 ACTION: ACTION: COUNCIL: With respect to the Closed Meeting just concluded, Mr. Swain moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements underthe Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout, White and Vice-Mayor Harris .................................................................. 6. NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) DIRECTOR OF FINANCE: DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the City of Roanoke for the month of February, 2000. (For full text, see Financial Report on file in the City Clerk's Office.) Without objection by Council, the Vice-Mayor advised that the Financial Report would be received and filed. REPORTS OF COMMITTEES: LEGISLATION: Council Member William White, Sr., Chairperson, Legislative Committee, presented a written report on behalf of the Committee, advising that the City's Legislative Services Contract with Thomas A. Dick runs through June 30, 2000; in order for the City to enter into a new agreement to procure services, it was necessary to issue a request for proposals from those who may wish to provide this service on and after July 1, 2000; and even though the City's proposal was advertised in the usual fashion, Thomas A. Dick submitted the only proposal. It was further advised that in his proposal, Mr. Dick offers to continue providing legislative liaison services for the City according to the same terms and conditions that he now provides those services, however, he requested that the City increase the hours budgeted for him to perform these services during the period between Sessions of the General Assembly from 85 hours, as currently provided, to 150 hours, at a rate of $100.00 per hour. ACTION: 193 The Legislative Committee recommended that Council concur in the request of Mr. Dick as the City continues to use his services more and more during the period between General Assembly Sessions; last year, the City requested that Mr. Dick monitor various legislative committees that were working during the summer months, as well as attend meetings of the Virginia Coalition on Cities; and the City Manager, City Attorney and Director of Finance concur in the recommendation of the Legislative Committee. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: (#34749-040300) A RESOLUTION authorizing the execution of a contract with Thomas A. Dick to provide legislative liaison services. (For full text of Resolution, see Resolution Book No. 62, page 576.) Mr. White moved the adoption of Resolution No. 34749-040300. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout, White and Vice-Mayor Harris ......................................................................... 6. NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 34731, permanently vacating, discontinuing and closing a ten foot wide alleyway running parallel with Carver Avenue, N. W., and running adjacent to lots identified as Official Tax Nos. 2041325 - 2041335, inclusive, and 2041341 on the south and property identified as Official Tax Nos. 3070316 and 3070301 on the north, for a distance of approximately 500 feet, having previously been before the Council for its first reading on Monday, March 20, 2000, read and adopted on its first reading and laid over, was again before the body, Mr. White offering the following for its second reading and final adoption: 194 ACTION: ACTION: (#34731-040300) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 62, page 555.) Mr. White moved the adoption of Ordinance No. 3473t-040300. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout, White and Vice-Mayor Harris ......................................................................... 6. NAYS: None ...................................................................... -0. (Mayor Bowers was absent.) STREETS AND ALLEYS: Ordinance No. 34732, permanently vacating, discontinuing and closing a certain alley which extends easterly from First Street, N. W., between Wells Avenue and Centre Avenue for a distance of approximately 247 feet, having previously been before the Council for its first reading on Monday, March 20, 2000, read and adopted on its first reading and laid over, was again before the body, Mr. Trout offering the following for its second reading and final adoption: (#34732-040300) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 62, page 557.) Mr. Trout moved the adoption of Ordinance No. 34732-040300. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout, White and Vice-Mayor Harris ........................................... ; ............................ 6. NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) ACTION: 195 ZONING: Ordinance No. 34733, rezoning a parcel of land containing 2.34 acres, more or less, located at 4902 Frontage Road, N. W., identified as Official Tax No. 6490804, from RS-l, Residential Single Family District, to C-2, General Commercial District, subject to certain proffers contained in a Second Amended Petition for rezoning filed in the Office of the City Clerk on March 6, 2000, having previously been before the Council for its first reading on Monday, March 20, 2000, read and adopted on its first reading and laid over, was again before the body, Mr. Trout offering the following for its second reading and final adoption: (#34733-040300) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 649, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 62, page 559.) Mr. Trout moved the adoption of Ordinance No. 34733-040300. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout, White and Vice-Mayor Harris ........................................................................ 6. NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) ZONING: Ordinance No. 34734, rezoning a tract of land located at 2123 Crystal Spring Avenue, S. W., described as Lots 13 and 14, Block 49, Crystal Spring Land Co., Official Tax No. 1050514, from C-1, Office District, to CN, Neighborhood Commercial District, subject to certain proffers contained in the Second Amended Petition filed in the Office of the City Clerk on March 14, 2000, having previously been before the Council for its first reading on Monday, March 20, 2000, read and adopted on its first reading and laid over, was again before the body, Mr. Hudson offering the following for its second reading and final adoption: (#34734-040300) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No.105, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. 196 ACTION: ACTION: (For full text of Ordinance, see Ordinance Book No. 62, page 561 .) Mr. Hudson moved the adoption of Ordinance No. 34734-040300. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout and White ......................................................................................... 5. NAYS: Vice-Mayor Harris ..................................................... 1. (Mayor Bowers was absent.) SEWERS AND STORM DRAINS-WATER RESOURCES: Ordinance No. 34735, authorizing the conveyance of a 30-foot right-of-way and water and sanitary sewer easement across City-owned property located on Dogwood Lane, S. W., identified as Official Tax No. 1390216, for use by adjoining property owned by Denise Sweeney, as shown on a survey attached to the report of the Water Resources Committee dated March 6, 2000, having previously been before the Council for its first reading on Monday, March 20, 2000, read and adopted on its first reading and laid over, was again before the body, Mr. Swain offering the following for its second reading and final adoption: (#34735-040300) AN ORDINANCE authorizing the conveyance of a 30-foot right-of-way and water and sanitary sewer easement across City-owned property on Dogwood Lane, S. W., identified by Official Tax No. 1390216, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 62, page 562.) Mr. Swain moved the adoption of Ordinance No. 34735-040300. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout, White and Vice-Mayor Harris ........................................................................ 6. NAYS: None ....................................................................... 0. (Mayor B~wers was absent.) NEIGHBORHOOD ORGANIZATIONS-LEASES-WATER RESOURCES: Ordinance No. 34736, authorizing the proper City officials to extend a lease agreement between the City and Old Southwest, Inc., ACTION: 197 for a period of five years, for use of a certain City-owned structure known as the Alexander-Gish House, located in Highland Park, together with the outbuilding and parking lot, for a term of five years, effective January 1, 2000, and ending December 31, 2004, at an annual lease fee of $1.00 over the five-year period, 'upon certain terms and conditions as more particularly described in a report to Council from the Water Resources Committee dated March 6, 2000, having previously been before the Council for its first reading on Monday, March 20, 2000, read and adopted on its first reading and laid over, was again before the body, Mr. Hudson offering the following for its second reading and final adoption: (#34736-040300) AN ORDINANCE authorizing the proper City officials to extend the lease agreement between the City and Old Southwest, Inc., for a period of five years, for the use of a certain City- owned structure known as the Alexander-Gish House, located in Highland Park, together with the outbuilding and parking lot, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 62, page 563.) Mr. Hudson moved the adoption of Ordinance No. 34736-040300. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout, White and Vice-Mayor Harris ........................................................................ 6. NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) CO~JNCIL: Mr. Trout offered the following resolution changing the place of commencement of the regular meeting of City Council scheduled to be held at 12:15 p.m., on Monday, April 17, 2000, to the Exhibit Hall of the Roanoke Civic Center, 710 Williamson Road, N. W., with the 2:00 p.m., session on the same date to be held in the City Council Chamber, 215 Church Avenue, S. W.: (#34750-040300) A RESOLUTION changing the place of commencement of the regular meeting of City Council scheduled to be held at 12:15 p.m., on Monday, April 17, 2000. (For full text of Resolution, see Resolution Book No. 62, page 577.) 198 ACTION: Mr. Trout moved the adoption of Resolution No. 34750-040300. The motion was seconded by Mro Swain and adopted by the following vote: AYES: Council Members Wyatt, Hudson, Swain, Trout, White and Vice-Mayor Harris ........................................................................ 6. NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: BUDGET-PENSIONS: Council Member Trout addressed the question of providing a 2.4 per cent cost-of-living increase for City retirees, effective July 1, 2000, which is equivalent to the Social Security increase that was provided on January 1, 2000; whereupon, the matter was referred to the City Manager and the Director of Finance for report during fiscal year 2000-01 budget study. RESPOND! SYSTEM: It was the consensus of Council to refer a request of Council Member Swain for a briefing on the Respond! System to the City Manager for response. SPORTS ACTIVITIES: Council Member Wyatt commended the Roanoke Express Hockey Team upon winning the Northwest Division Championship for the East Coast Hockey League. POLICE DEPARTMENT-PARKS AND RECREATION-JEFFERSON CENTER-CONSULTANTS REPORTS-HIGHER EDUCATION CENTER- WATER RESOURCES: Council Member Wyatt reiterated a previous request for information on consultant's fees in connection with the following: Roanoke Higher Education Center Parks and Recreation Master Plan Jefferson Center/Fitzpatrick Hall/Auditorium Police Building Railside Linear Park Carvins Cove Mill Mountain Development Plan 199 It was the consensus of Council to refer the request for information to the City Manager for response. INSURANCE-CITY EMPLOYEES-PENSIONS: Council Members Wyatt and Hudson addressed the cost of medical insurance and dental insurance for City retirees, and requested that the City Manager and the Director of Finance provide Council with a cost estimate of providing the same supplement to retirees as is provided to active City employees. It was the consensus of Council to refer the matter to the City Manager and the Director of Finance for report during fiscal year 2000- 01 budget study. REFUSE COLLECTION: Council Member Swain called attention to the need for a campaign to educate citizens on the consequences of littering and the cost to taxpayers of removing litter; and Council Member Hudson called attention to certain unsightly conditions on the west side of Peters Creek Road at Cove Road, N. W. It was the consensus of Council to refer the matters to the City Manager for response. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None. There being no further business, the Vice-Mayor declared the meeting adjourned at 5:10 p.m. APPROVED ATTEST: Mary F. PaR(er City Clerk Mayor 200 REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL April 17, 2000 12:15 p.m. The Council of the City of Roanoke met in regular session on Monday, April 17, 2000, at 12:15 p.m., the regular meeting hour, with Mayor David A. Bowers presiding, in the Exhibit Hall, at the Roanoke Civic Center, 710 Williamson Road, N. E., pursuant to Rule 1, Regular Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 34750 adopted on April 3, 2000. CITY COUNCIL MEMBERS PRESENT: W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout, Linda F. Wyatt and Mayor David A. Bowers ................................... 5. ABSENT: Vice-Mayor C. Nelson Harris and Council Member William White, Sr. - ..................................................................................................... 2. ARCHITECTURAL REVIEW BOARD MEMBERS PRESENT: Donald C. Harwood, David L. Bandy, Matthew Prescott and Robert B. Manetta, Chair .......................... 4. ABSENT: Kevin A. Deck, Lawrence E. Johns and Alison S. Blanton ........... 3. CITY PLANNING COMMISSION MEMBERS PRESENT: Gilbert E. Butler, Jr., D. Kent Chrisman, Alfred T. Dowe, Jr., Barbara N. Duerk, Robert B. Manetta, Richard A. Rife and Melvin L. Hill, Chair.- ............................................................. 7. ABSENT: ............................................................................................ 0. BOARD OF ZONING APPEALS MEMBERS PRESENT: Joel W. Richert, Sydnor W. Brizendine, Jr. and Benjamin S. Motley, Chair; .................................. 3. ABSENT: Clay Grogan and Willard G. Light ............................................. 2. OTHERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Sr., Assistant City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Deputy Director of Finance; Mary F. Parker, City Clerk; Robert H. Bird, Municipal Auditor; Willard N. Claytor, Director, Real Estate Valuation; Kit B. Kiser, Assistant City Manager for Operations; George C. Snead, Jr., Assistant City Manager for Community Development; Glenn D. Radcliffe, Director, Human Services; Robert K. Bengtson, Director, Public Works; Steven J. Talevi, Assistant City Attorney; Evelyn S. Lander, Director, Planning and Code Enforcement; Evelyn D. Dorsey, 201 Zoning Administrator; David Diaz, City Planner; J. Neil Holthouser, City Planner/Secretary, Architectural Review Board; Martha P. Franklin, Secretary, City Planning Commission; and Linda Leedy, Secretary, Board of Zoning Appeals. ARCHITECTURAL REVIEWBOARD-PLANNING-ZONING: Melvin L. Hill, Chair, City Planning Commission, advised that the mission of the City Planning Commission is to advise and assist City Council in promoting the orderly growth and development of the City through the preparation and recommendation of various plans, ordinances, and public programs; and under the Code of Virginia, the Commission has specific responsibility of preparing and recommending to the governing body, the Comprehensive Plan and the Subdivision Ordinance. He reviewed typical responsibilities of the City Planning Commission, as foil ows: *Prepares, reviews and makes recommendations to City Council in proposed amendments to the City's land development regulations. *Reviews and makes recommendations to City Council on specific requests for rezonings, street and alley closures, and zoning text amendments. *Assists other governmental bodies in recommending land development policies to City Council. *Prepares, reviews, and makes recommendation to City Council on various neighborhood and area plans, as well as the City's Comprehensive Plan. *Evaluates the public need for and the locations of public facilities (roads, schools, parks, historic sites, utilities, etc.) and makes recommendations to City Council. *Promotes planning and encourages public interest in City plans. *Reviews development plans for major commercial development when they are adjacent to single family residential areas or, as requested by the agent. *Considers street name changes as requested by the City Manager or Council. Mr. Hill reviewed initiatives for the year 2000, as follows: 202 Prepare, review and recommend at least four neighborhood plans. The plan for Greater Raleigh Court is completed. A plan for the Melrose Rugby Neighborhood is almost finished. Plans for Peters Creek North (Norwood, Fairhope, Washington Heights and Miller Court neighborhoods) and Southern Hills have been initiated. Prepare, reviewand recommend a new City Comprehensive Plan. City Council has authorized funding for this initiative. Planning Commission staff is working with City departments to develop a public participation process, determine important plan components, and identify implementation/measurement activities. A consultant should be hired by May. Public outreach efforts and data collection could begin in June, and public workshops held in the fall. The plan is expected to take one year. Improve public involvement and participation in planning activities and public hearings. The Commission and staff are working closer with neighborhood organizations to inform them of pending items. Filing deadlines have been modified to allow earlier notification to adjacent property owners and neighborhood groups. New rezoning application packages have been developed. Neighborhood meetings are encouraged. Mr. Hill advised that the regular meeting of the City Planning Commission has been moved from the first Wednesday to the third Wednesday of each month, which will provide more time for citizens/neighborhood organizations to be involved in the planning process. He stated that each neighborhood plan will involve different issues and an additional planner position will be assigned to work on neighborhood plans which will help to accelerate the process. Benjamin S. Motley, Chair, Board of Zoning Appeals, advised that the mission of the Board of Zoning Appeals is to serve as a mechanism for relief of provisions of the Zoning Ordinance as mandated by the Commonwealth of Virginia; and the Board also hears appeals of decisions made by the Zoning Administrator and authorizes Special Exception Use permits in the City of Roanoke. He reviewed typical responsibilities of the Board of Zoning Appeals, as follows: *Hears and decides requests for variances from regulations set forth in the City's Zoning Ordinance. 203 *Considers and authorizes requests for special exception use permits set forth in the Zoning Ordinance; authorization may specify certain conditions for operation, including time limits for the permit. *Hears and decides appeals to any order, requirement, decision, or determination made by the City's Zoning Administrator. *Interprets the location of zoning district boundaries as depicted on the Official Zoning Map. *Recommends appropriate changes to zoning regulations to the Planning Commission that may be of a recurring nature, of questionable interpretation, or in need of further study. Mr. Motley advised that initiatives for the year 2000 are: Recommend appropriate changes to zoning regulations to the Planning Commission for telecommunication towers, used car lots, signs, and group care facilities. These special exception use permit facilities are increasing in number and have changed over the years. Revised standards are needed to assist the Board in appropriately reviewing requests for facilities. Improve communication with citizens and neighborhood organizations. Board staff is working closer with applicants, neighborhood groups, and affected property owners on items pending review. Changes in filing deadlines are proposed to provide more opportunity for communication and discussion. Strengthening the understanding of Board of Zoning Appeals responsibilities. Board members are encouraged to become certified under the Virginia Certified Board of Zoning Appeals Program. Additional discussions have been held with related City boards and City Council to communicate issues and promote understanding of responsibilities. Mr. Motley requested that the Board of Zoning Appeals be permitted to submit input in regard to future appointments to the Board by Council. Robert B. Manetta, Chair, Architectural Review Board, reviewed the mission of the Architectural Review Board which is to preserve, protect and enhance the character of significant historic, architectural, or cultural properties located in historic districts, and to ensure the design compatibility and appropriateness of new construction and alterations therein; and the Board also identifies historic properties and recommends historic designation for such properties. 2O4 He reviewed typical responsibilities of the Architectural Review Board, as follows: *Administers the historic district regulations adopted by City Council. *Reviews new construction, alterations and demolition of structures located within the City's historic districts (H-l, Historic District and H-2, Neighborhood Preservation District), in accordance with zoning regulations and adopted architectural design guidelines. *Recommends historic landmark status and historic district protection for significant historic, architectural, or cultural properties in the City. *Provides architectural and design expertise to City Council, City Administration, and other City Boards, as requested. *Assists applicants in maintaining and enhancing the contributing architectural features of historic buildings through informal workshops and individual work sessions. Mr. Manetta reviewed initiatives for the year 2000, as follows: Improve communication with property owners in the City's historic districts. The Board and its staff have revised the design review process to assist property owners with applications, plans, and review process, and weekly design review meetings. The Board will further streamline its decision-making process by clearly defining fast-track administrative review items, such as fences, rear decks, etc. The Board will sponsor workshops on various topics and work with neighborhood organizations to distribute information and educate property owners. Improve monitoring of construction undertaken in the district and enforce applicable regulations, if necessary. Citizens have complained that many property owners ignore City permit and zoning regulations and illegally undertake construction in historic districts. City Zoning Inspectors and Board staff are actively pursuing violations and working with property owners to achieve compliance. Establish a historic resource inventory program to identify and survey important historic properties and potential districts. Using matching funds from the State, the City has committed to a survey of downtown Roanoke to identify historic resources and pursue their listing on the National Register of Historic Places. The Board will establish an ongoing inventory program to survey important areas of the City. Previous surveys have included City Market, Warehouse Row, Gainsboro, Old Southwest, and Belmont. Survey data will be used as a basis for architectural design guidelines, to pursue local landmark status, and to nominate properties for listing on the National Register. Such listing allows property owners to claim up to 45 per cent of their rehabilitation costs in the form of Federal and State income tax credits. 205 Ms. Duerk advised that a member of the City Planning Commission also serves on the Architectural Review Board, and suggested that Council consider appointing a member of the Roanoke Neighborhood Partnership Steering Committee to the City Planning Commission. There was discussion with regard to infill development in the historic district in such a manner as to preserve the historic qualities of the neighborhood while encouraging infill development. It was noted that no interest has been expressed with regard to constructing new structures in old southwest or in the Gainsboro area and the City is struggling with the issues of how to attract new construction in view of limitations on lot size, setbacks, etc. It was also noted that some infill property is owned by the Roanoke Redevelopment and Housing Authority; and a committee of City staff is reviewing the Tax Abatement Program to encourage rehabilitation of property in Roanoke's neighborhoods. Following discussion, the Mayor suggested that the matter of infill development be referred to the City Manager for report as to future recommendations for implementation. There being no further business, at 1:40 p.m., the Mayor declared the meeting of Roanoke City Council in recess until 2:00 p.m., in the City Council Chamber, 215 Church Avenue, S. W., Roanoke, Virginia. At 1:40 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., on Monday, April 17, 2000, the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding. PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain, James O. Trout, William White, Sr. (arrived late), Linda F. Wyatt and Mayor David A. Bowers ............................................................................................. 7. ABSENT: None ...................................................................................... 0. 206 OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Sr., Assistant City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Deputy Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Vice-Mayor C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to one request for a Closed Meeting to discuss personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. MINUTES: Minutes of the regular meetings of Council held on Tuesday, January 4, 2000, and Tuesday, January 18, 2000, and a special meeting held on Monday, January 10, 2000, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) ACTION: Mr. Trout moved that the reading of the Minutes be dispensed with and that the Minutes be approved as recorded. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member White was absent.) COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. ACTION: 207 (For full text, see communication on file in the City Clerk's Office.) Mr. Trout moved that Council concur in the request of the Mayor to convene in a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member White was absent.) YOUTH: A communication from Mayor David A. Bowers with regard to summer youth activities in the City of Roanoke, was removed from the Consent Agenda for discussion. (See page 211.) BONDS/BOND ISSUES-FLOOD REDUCTIO~IICONTROL: A report of the City Manager advising that a $7.5 million bond referendum was passed in 1989 to provide partial funding for the Roanoke River Flood Reduction Project, and the utility tax was increased to pay the debt service for the bond, was before Council. It was further advised that a Local Cooperation Agreement (LCA) was executed between the City of Roanoke and the U. S. Army Corps of Engineers on June 25, 1990, to construct the project; and the project was delayed, pending completion and approval of environmental testing and assessments, by the Virginia Department of Environmental Quality in 1998; under the agreement signed with the Corps of Engineers, the City committed to fund the Roanoke River Flood Reduction Project with a five per cent local cash match for total project costs, 100 per cent of costs for lands and easements, 100 per cent of relocation costs, and 50 per cent of recreation trail costs; current total estimated project cost is $43 million, with the City's share estimated at $15.3 million; to date, $9.2 million in funding has been accumulated for the project; and with construction scheduled to begin in the year 2001, additional funding from the bonds will be requir.ed. 208 ACTION: It was explained that inasmuch as a bond must be issued within eight years of its referendum, and the original bond referendum was passed in 1989, reauthorization of the bond is required prior to its issuance; and a public hearing is required before the bond may be reauthorized. The City Manager recommended that Council authorize a public hearing to be held on Monday, May 15, 2000, at 7:00 p.m., in connection with issuance by the City of general obligation public improvement bonds for the Roanoke River Flood Reduction Project, in the amount of $7.5 million. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that Council concur in the request to hold a public hearing on Monday, May 15, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard in the City Council Chamber. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, Wyatt and Mayor Bowers ........................................................................ 6. NAYS: None ....................................................................... 0. (Council Member White was absent.) HENRY STREET REVIVAL COMMITTEE-STREETS AND ALLEYS- DOWNTOWN NORTH: A report of the City Manager advising that proposed improvements to the Greater Gainsboro Development Project include development of a higher education center, an office building, residential property and a parking garage, with related infrastructure and site improvements necessary to support such development; plans for the parking garage have been sufficiently finalized to identify property that will be required for construction of the garage; and authorization is needed to file a petition to close a public alley between Shenandoah and Centre Avenues, N. W., was before Council. The City Manager recommended that Council authorize the filing of a petition to close an alley between Shenandoah and Centre Avenues, N. W., with the City to retain ownership of the property, if possible. (For full text, see report on file in the City Clerk's Office.) ACTION: 209 Mr. Trout moved that Council concur in the recommendation of the City Manager. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member White was absent.) DOWNTOWN NORTH-HENRY STREET REVIVAL COMMITTEE- STREETS AND ALLEYS: A report of the City Manager advising that proposed improvements to the Greater Gainsboro Development Project include development of a higher education center, an office building, residential property and a parking garage, with related infrastructure and site improvements necessary to support such development, was before Council. ACTION: It was further advised that plans for the parking garage have been sufficiently finalized to identify property currently owned by Roanoke Foundation for Downtown, Inc., that will be required for construction of the garage; preliminary discussions with the Foundation have identified the need for an exchange of property to satisfy project requirements; and authorization is needed to file a petition to close a portion of public right-of-way and deed such to the Roanoke Foundation for Downtown, Inc. (or their successors in interest) in exchange for a parcel of land needed for the parking garage. The City Manager recommended that Council authorize the filing of a petition to close a portion of public right-of-way along Shenandoah Avenue, N. W., with the City to retain ownership of the property, if possible, until such time as the City and Roanoke Foundation for Downtown, Inc., are prepared to exchange properties; and further authorize the City Manager to enter into an agreement with Roanoke Foundation for Downtown, Inc., in a form to be approved by the City Attorney, to permit the exchange of property. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that Council concur in the recommendation of the City Manager. The motion was seconded by Mr. Swain and adopted by the following vote: 21 0 ACTION: AYES: Council Members Harris, Hudson, Swain, Trout, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member White was absent.) DOWNTOWN NORTH-HENRY STREET REVIVAL COMMITTEE- STREETS AND ALLEYS: A report of the City Manager recommending authorization to file a petition to vacate an alley between Jefferson and First Streets, N. W., and between Wells and Centre Avenues, N. W., relating to the Greater Gainsboro Development Project, was removed from the Consent Agenda for discussion. (See page 212.) DOWNTOWN NORTH-HENRY STREET REVIVAL COMMITTEE- STREETS AND ALLEYS: A report of the City Manager advising that proposed improvements to the Greater Gainsboro Development Project include development of a higher education center, an office building, residential property and a parking garage, with related infrastructure and site improvements necessary to support such development; the proposed public street vacation is necessary for development of the proposed parking garage and adjacent pedestrian spaces; and authorization is needed to file a petition to close a portion of First Street, N. W., was before Council. The City Manager recommended that Council authorize the filing of a petition to close a portion of First Street, N. W., between Centre and Shenandoah Avenues, with the City to retain ownership of the property, if possible. (For full text, see report on file in the City Clerk's Office.) Mr. Trout moved that Council concur in the recommendation of the City Manager. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member White was absent.) 211 HUMAN DEVELOPMENT-ECONOMIC DEVELOPMENT-OATHS OF OFFICE-COMMITTEES: The following reports of qualification were before Council' Frank W. Feather as a member of the Human Services Committee for a term ending June 30, 2000; and J. Granger Macfarlane as a member of the Economic Development Commission for a term ending June 30, 2002. ACTION: ACTION: (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mr. Trout moved that the reports of qualification be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Trout, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member White was absent). REGULAR AGENDA YOUTH: A communication from Mayor David A. Bowers with regard to summer youth activities in the City of Roanoke; i.e.: Public Safety Cadet Corps, America's Promise, Summer Reading Program, City Internships, Job Training Camp, Summer Food Program, Parks and Recreation activities, was before Council. The City Manager advised that based upon the number of programs and opportunities available for young people in the City of Roanoke, the May 19 issue of the City Page of The Roanoke Times will be used to promote activities that are available to Roanoke's youth. The Mayor requested that the information also be provided to students in the high schools and middle schools. Without objection by Council, the Mayor advised that the communication be received and filed. 212 DOWNTOWN NORTH-HENRY STREET REVIVAL COMMITTEE- STREETS AND ALLEYS: The City Manager submitted a written report in connection with proposed improvements in the Greater Gainsboro Development Project which include development of a higher education center, an office building, residential property and a parking garage, with related infrastructure and site improvements necessary to support such development, advising that several real estate transactions are necessary to complete the project. It was further advised that authorization is needed to file a petition to close an alley between Jefferson and First Streets, N. W., and between Wells and Centre Avenues, N. W.; whereupon, the City Manager recommended that Council authorize the filing of a petition on the above described property with the City to retain ownership of the property, if possible. (For full text, see report on file in the City Clerk's Office.) Steven Lemon, representing the Roanoke Higher Education Authority, P. O. Box 13364, which is the group responsible for renovating the GOB North building for the Higher Education Center, advised that the proposal before Council relates to vacating an alley off Wells Avenue to the rear of the former Stone Printing Company building. He stated that the alley is an important access point for the Higher Education Center for operation of the Industrial Training Center of Virginia Western Community College which will be located on the lower level of the Higher Education Center and access to the alley may be needed for the delivery of certain large industrial machinery. He further stated that until the Higher Education Center has been operational for at least two years, it will be difficult to know whether the current alley located between the former Stone Printing building and the Higher Education Center will be adequate for this access point, or whether a combination of the public area and a private access easement from the terminus of the alley to the rear of the Higher Educatiop Center will be necessary. Therefore, he requested that Council take no action on the proposed alley closure. Donald Buffington, representing the Roanoke Higher Education Center, spoke in support of the remarks of Mr. Lemon, and advised that the Higher Education Center is working in cooperation with its neighbors on surrounding properties to resolve the issue and is striving to be a good neighbor and to incorporate the thoughts of neighborhood representatives in the process. ACTION: 213 Kit B. Kiser, Director of Utilities and Operations, advised that the request authorizes the City Manager to file a petition with the City Planning Commission to initiate the process for alley closure; however, there appears to be a need for additional communication between City staff and the Higher Education Center staff. At this point, 2:25 p.m., Council Member White entered the meeting. Council Member Swain inquired about the property described as "Jordan Alley", which holds special historic meaning in the black community, and requested that "Jordan Alley" be recognized with an appropriate plaque designating its historic significance. Ms. Wyatt moved that Council concur in the recommendation of the City Manager. The motion was seconded by Mr. Trout and unanimously adopted. HEARING OF CITIZENS UPON PUBLIC MATTERS: TAXES: The Williamson Road Area Service District was created pursuant to Ordinance No. 31472-052493 on May 24, 1993, at the request of over 50 per cent of the businesses along the corridor; and continuation of the district was established pursuant to Ordinance No. 32944-052096 adopted on May 20, 1996. John L. Huffman, 3034 Westworth Avenue, N. E., who recently purchased White's Automotive Service, appeared before Council and advised that he should not be required to pay the special service tax for the Williamson Road Area Service District. The City Manager pointed out that the City Attorney's Office advises that the entire commercial area along Williamson Road is part of the district and there are no provisions for businesses to withdraw. Without objection by Council, the Mayor advised that the motion would be referred to the City Manager for study, report and recommendation to Council. ZONING: A request of Ms. Gloria Dorma to discuss multi-family housing in the City of Roanoke was withdrawn, pursuant to instructions by Ms. Dorma. (Council Member Trout left the meeting.) 214 ACTION: PETITIONS AND COMMUNICATIONS: BUDGET-ROANOKE VALLEY RESOURCE AUTHORITY: A report of Kit B. Kiser, City Representative, Roanoke Valley Resource Authority, with regard to the Resource Authority's annual budget for fiscal year 2000-2001, advising that budget information is presented pursuant to Section 5.9 of the October 12, 1991, Members Use Agreement, was before Council. Mr. Kiser recommended that Council approve the proposed fiscal year 2000-2001 annual budget for the Roanoke Valley Resource Authority, in the total amount of $8,000,475.00, which is an increase of $252,075.00, or 3.25 per cent, over the approved 1999-2000 budget. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#34751-041700) A RESOLUTION approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 2000-2001, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 62, page 578.) Mr. Harris moved the adoption of Resolution No. 34751-041700. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent.) BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting appropriation of funds to the following school accounts, was before Council. $296,923.00 from the Capital Maintenance and Equipment Replacement Fund to provide for mathematics textbook adoptions, for the division-wide replacement of music instruments, for instruction computer technology, for ACTION: 215 equipment replacement in the magnet school programs, for facility maintenance equipment needs, and for library/media furniture and equipment. $1,570,000.00 for replacement of an obsolete rooftop air conditioning unit at Madison Middle School. The replacement also includes new ceiling tile, lighting, and conduit for the new computer network infrastructure; funding will be provided from 1999 Capital Bond funds. $42,750.00 for architectural fees for Fairview Elementary School improvements; funding will be provided from 1999 Bond funds. $52,250.00 for architectural fees for Fishburn Park Elementary School improvements; funding will be provided from 1999 Bond funds. $100,000.00 for the Blue Ridge Technical Academy to provide an educational training program for high school students at risk of academic failure and dropping out of school; this continuing grant program will be 100 per cent reimbursed by federal funds. A report of the Director of Finance recommending that Council concur in the request of the School Board, was also before the body. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#34752-041700) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General, School and School Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 578.) Mr. Harris moved the adoption of Ordinance No. 34752-041700. The motion was seconded by Mr. Hudson and adopted by the following vote: 216 AYES: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: CITY EMPLOYEES-PAY PLAN-BUDGET-HOUSING/AUTHORITY: Jesse A. Hall, Deputy Director of Finance, presented information on projected revenue, advising that local taxes comprise the largest part of the City's revenue base; i.e.: real estate taxes, personal property taxes, sales tax, meals tax, etc., and the City has experienced revenue growth of 4.33 per cent, or a total of approximately $7.6 million in new revenues. He stated that increased real estate revenue growth is about 3.9 per cent, and approximately two-thirds of the growth comes from an increase in the value of the City's real estate and about one-third comes from new construction in the City. He called attention to a two per cent increase in intergovernmental whereby the City receives approximately $580,000.00 from the State to support its juvenile detention center, however, the Juvenile Detention Commission will assume operation of the facility in the near future and the funds will go to the Juvenile Detention Commission rather than to the City's General Fund. He stated that a smaller portion of revenue is derived from fees and charges, or approximately $600,000.00; and an overall growth of 4.3 per cent is modest, however, given the current inflationary times of about two and one-half per cent, Roanoke's buying power is continuing to grow. The City Manager presented the following budget highlights: Roanoke's recommended budget for fiscal year 2000-01 inc..'eased $7,638,544.00, or 4.33 per cent over the current fiscal year, and includes funding for the following major expenditures: Local Support for Schools ($1,813,012.00) - additional funding for Roanoke City Public schools. Employee compensation ($2,365,031.00) - a pay increase of 4.0 per cent of the maximum of each pay grade is recommended. Economic Development ($563,809.00) - Additional funding for the construction of a parking garage to support projects in the Greater Gainsboro area ($250,000.00); future economic development initiatives ($192,309.00); economic impact studies and promotional materials ($89,000.00); and dues and stock for the Regional Industrial Authority ($32,500.00) Education - Provide funding for the Middle School Neighborhood Learning Centers ($125,000.00). Communication with Citizens - Enhance communication with citizens and neighborhoods via a new publication mailed to citizens on a quarterly basis ($60,190.00). Neighborhoods - additional funding for: Street paving, snow removal and street lighting ($277,000.00). Solid waste disposal ($171,000.00) -Increased to pay disposal costs for residential town homes, condominiums, bulk and bagged leaves and increased tonnage associated with the Homeowner's Disposal Program Satellite Police Office ($10,000.00). Demolition of structures, lifter abatement, weed control, and alley maintenance ($111,400.00) Other budget highlights include additional funding for: Renovation of Victory Stadium ($300,000.00). Debt capacity for future bond referendums for capital projects ($470,000.00). Community Development Block administrative costs ($150,000.00). Grant 217 218 Social Service program expenditures funded in this state mandated category have been increased to meet the growing demands of citizens who qualify for economic support and various types of social services. The expenditure increase is related primarily to the increased cost of programs, such as Foster Care, Subsidized Adoption, Day Care Services, and transportation related to welfare reform. The state's share of this funding ranges from 50 per cent to 100 per cent. Comprehensive Services Act ($498,492.00) - Funding in this category provides for the administration of the Comprehensive Services Act Program and was reallocated from the Transfer to Grant fund. Dental Program for indigent children ($45,966.00). Remaining Supplemental Priority I items: Deputy Sheriff position for the City Jail Law Clerks for Circuit Court Judges Public Safety Cadet Program Senior Customer Service Representative position for VlSSTA Program Savings associated with department reorganization and reengineering of the delivery of services ($570,000.00). The City Manager advised that tax dollars are broken down into the following categories: Community Development Education - Local Support General Government Health and Welfare Judicial Administration Parks, Recreation & Cultural Non-Departmental Public Safety Public Works $ 1,544,154.00 45,366,809.00 11,884,628.00 26,168,854.00 6,925,511.00 6,270,531.00 21,191,027.00 41,003,831.00 24,697,123.00 With regard to the HUD Consolidated Plan Program, the City Manager advised that it is anticipated that total funds available will be $4.381 million, which is a small increase over the current fiscal year. She further advised that the total budget of approximately $4 million 219 leverages an additional $33.46 million in Federal, State, local and private sources, for a total program effect of approximately $37.8 million. She called attention to 47 projects and activities recommended for funding in the year 2000, ten of which are new and 37 are previously funded projects; a public hearing is scheduled for May 1, 2000, at 7:00 p.m., and Council is scheduled to conduct its formal review of the budget on May 4 and 5, with budget adoption proposed for May 9. Council Members Hudson and Swain requested that the City Manager continue to review inequities in the City's pay and classification plan as a part of the fiscal year 2001-02 budget process, with the ultimate goal of achieving a more understandable pay plan for City employees, to identify specific problems and to prepare an action plan. Without objection by Council, the Mayor advised that the proposed fiscal year 2000-01 City budget would be referred to budget study to be held on May 4 and 5, 2000, in the Emergency Operations Center Conference Room, Room 159, Municipal Building. POLICE DEPARTMENT-YOUTH: The City Manager introduced Sergeant James R. Ratcliffe for a briefing on the City's Public Safety Cadet Program/Youth Public Safety Academy. Sergeant Ratcliffe advised that the Youth Academy was recommended by the Mayor in his 1999 State of the City Address to attract Roanoke's youth to public safety careers. He stated that the goal of the program is to develop a better working relationship with Roanoke's youth, leading to a larger pool of potential applicants from the Roanoke community; and it is proposed to develop a mechanism with which public safety departments can create a working and understanding relationship with the City's youth and provide a forum whereby the reputation of the police, fire, emergency medical services and Sheriff's department will be enhanced, leading to a better understanding and respect for the jobs of public safety employees, while instilling an interest in Roanoke's young people to pursue a career in public safety. He advised that a stipend is proposed in the 2000-01 budget for participating youth to attend a three week public safety academy, in the amount of $75.00 per week, or a total of $225.00 for each participant who completes the three week program. He explained that every City applicant, between the ages of 14 and 18, who enters the Program will be offered an opportunity to apply for enrollment in the Youth Public Safety Academy, and applicants will be interviewed by a diverse panel composed of representatives of the Sheriff's Department, Fire Department, Police Department and the City's 220 ' ACTION: Office on Youth. He advised that the purpose of the Public Safety Cadet Academy will be to provide an opportunity for Roanoke's youth to become familiar with the day to day operations of public safety; participants will have the opportunity to engage in hands on activities, youth demonstrations, tour City facilities and gain an understanding of the duties and operation of public safety in the City of Roanoke. He reviewed the Academy program on a week by week basis and advised that the Youth Academy offers an opportunity for members of the public safety community and youth of the City of Roanoke to learn from each other and to gain an understanding of public safety, through education, that will last for many years to come. Without objection by Council, the Mayor advised that the report would be received and filed. ITEMS RECOMMENDED FOR ACTION: U.S.S. ROANOKE: A report of the City Manager in connection with naming a United States Navy vessel in honor of the City of Roanoke, was deferred. SEWERS AND STORM DRAINS-BUDGET-EQUIPMENT: The City Manager submitted a written report advising thatthe Sewage Treatment Department has identified a need to replace a 1975 dumpster truck, due to excessive age and serviceability; whereupon the City Manager recommended that the bid of Magic City Motor Corporation, in the amount of $38,925.00, for one new truck cab/chassis, and one dumpster body to be mounted on the cab/chassis from Carolina Environmental Systems, Inc., in the amount of $38,928.00, be accepted; reject all other bids received by the City; and appropriate $77,853.00 from Sewage Treatment prior year retained earnings account to Account No. 003-056-3175-9015. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#34753-041700) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Sewage Treatment Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 581.) ACTION: 221 Mr. Hudson moved the adoption of Ordinance No. 34753-041700. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION' AYES: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent.) Mr. Hudson offered the following resolution: (#34754-041700) A RESOLUTION accepting certain bids for the purchase of trucks and related equipment, upon certain terms and conditions, and rejecting all other bids made for such equipment. (For full text of Resolution, see Resolution Book No. 62, page 582.) Mr. Hudson moved the adoption of Resolution No. 34754-041700. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent.) CMERP-EQUIPMENT: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program (CMERP) has identified the need to replace seven pick-up trucks and two dump trucks for various departments; whereupon, the City Manager recommended acceptance of the following bids: One 4-wheel drive crew cab pick-up, four 4-wheel drive pick-ups with snow plows, one 11/2 ton dump truck cab/chassis, and two 3/4 ton, diesel engine pick-up trucks from Magic City Motor Corporation, at a total cost of $214,336.00. 222 ACTION: One 16 ft. dump body to be mounted on a 1% ton cab/chassis from Dales Garage, at a total cost of $5,096.00. One 1 ton dump truck cab/chassis from Dominion Car Company, at a total cost of $18,936.00. One 8 ft. dump body to be mounted on a 1 ton cab/chassis from Truck Body Corporation, at a total cost of $4,154.32. The City Manager further recommended that Council authorize issuance of purchase orders for trucks and related equipment, at a total cost of $242,522.32 and reject all other bids received by the City. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following resolution: (#34755-041700) A RESOLUTION accepting certain bids for the purchase of trucks and related equipment, upon certain terms and conditions, and rejecting all other bids made for such equipment. (For full text of Resolution, see Resolution Book No. 62, page 583.) Mr. Hudson moved the adoption of Resolution No. 34755-041700. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent.) Council Member Swain requested that City staff track the disposition of vehicles to be replaced in the City's vehicular fleet; whereupon, the Acting Director of Public Works advised that a report with regard to replacement/removal of vehicles from the City's vehicular fleet will be submitted within 60 days. POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager submitted a written report advising that the Omnibus Fiscal Year 1999 Appropriations Act, Public Law 105-119, provides funding for implementation of the Local Law Enforcement Block Grant Program 223 (LLEBG), administered by the Bureau of Justice Assistance, U. S. Department of Justice; the purpose of the program is to provide local governments with funds to underwrite projects to reduce crime and to improve public safety; Council authorized application for and acceptance of grant funds on August 20, 1999, pursuant to Resolution No. 34438-081699 and $138,159.00 in federal funds and $15,351.00 in local match (total: $153,510.00) for the period October 1, 1999 through September 30, 2001, was awarded, which renews funding for the City of Roanoke for the fourth year. It was further advised that the grant requires that funds supplement rather than supplant local monies; grant funds will be used for: (1) paying overtime to presently employed law enforcement officers for the purpose of increasing the number of hours worked by such personnel and (2) procuring equipment and other materials directly related to basic law enforcement functions; police bicycle patrol hours will be expanded through allocation of the funds; and last year's grant funding provided over 3,880 hours of extra police patrol time which was directed at specific areas or neighborhoods. It was explained that the Local Law Enforcement Block Grant requires all grant funds ($153,510.00) to be placed in an interest bearing account; based on interest earned during each of the past three years of Local Law Enforcement Block Grant funding, interest earnings of $2,500.00 are anticipated for the grant; and local cash match of $15,351.00 is available in the Police Department's State Asset Forfeiture account. The City Manager recommended that Council appropriate $156,010.00 to the following grant fund accounts: Police Overtime FICA Expendable Equipment Training and Development 035-050-3318-1003 035-050-3318-1120 035-050-3318-2035 035-050-3318-2044 $119,378.00 9,132.00 27,000.00 500.00 $156,010.00 Increase revenue estimates in accounts to be established by the Director of Finance; and authorize unexpended grant funds to draw interest in accordance with grant requirements. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: ACTION: ACTION: (#34756-041700) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 62, page 584.) Mr. Harris moved the adoption of Ordinance No. 34756-041700. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent.) Mr. Harris offered the following resolution: (#34757-041700) A RESOLUTION authorizing the application for and, if approved, the acceptance of a certain Local Law Enforcement Block fror~ the United States Department of Justice's Bureau of Justice Assistance and authorizing execution of any required documentation on behalf of the City. (For full text of Resolution, see Resolution Book No. 62, page 585.) Mr. Harris moved the adoption of Resolution No. 34757-041700. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent.) FIRE DEPARTMENT: The City Manager submitted a written report advising that the City of Roanoke entered into a contract on September 10, 1999, with Betty M. Branch, to create a significant work of art from bronze as a firefighter memorial, consisting of a one and one-quarter life size sculpture to be delivered to the Virginia Museum of Transportation; Article 5 (c) of the contract limits production of the sculpture to one original statue; and Ms. Branch has requested, with ACTION: 225 approval of the Firefighter Memorial Committee, to expand the language in the contract to permit a limited production of four statues, which will enhance the value of the original casting. ~ The City Manager recommended that she be authorized to execute an amendment to the existing contract, in substantially the form set forth in the original document and as approved by the City Attorney, with Betty M. Branch to allow for three additional castings. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson moved that the following ordinance be placed upon its first reading: (#34758) AN ORDINANCE authorizing an amendment to a contract entered into by and between the City of Roanoke and Betty M. Branch dated September 10, 1999, whereby the artist may create three additional castings of the statue to be created. (For full text of Ordinance, see Ordinance Book No. 63, page 1.) The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent.) REPORTS OF COMMITTEES: BUDGET-CABLE TELEVISION: Council MemberW. Alvin Hudson, Jr., City Council Liaison, Roanoke Valley Regional Cable Television Committee, presented a written report on behalf of the City's representatives to the Committee, recommending that Council approve the recommended RVTV budget for fiscal year 2000-01, in the amount of $259,078.00, with the City's share totaling $145,084.00. It was explained that the Committee's recommended budget of $259,078.00 is proposed to be shared by each locality, as follows: 226 Locality Number of Cox Percentage of Resulting Communications Subscribers/ Contribution to Subscribers as Share of 2000- Recommended of February 2000 2001 RVTV 2000-2001 RVTV Budget Budget City of Roanoke 32,363 56% $145,084.00 County of 22,934 39% $101,040.00 Roanoke Town of Vinton 2,818 5% $ 12,954.00 TOTAL 58,115 100% $259,078.00 ACTION: (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following resolution: (#34759-041700) A RESOLUTION approving the recommendation of the Roanoke Valley Regional Cable Television Committee to approve the annual operating budget for Fiscal Year 2000-2001 for the operation of the regional government and educational access station-Roanoke Valley Television (RVTV, Channel 3), and for the City to provide partial funding. (For full text of Resolution, see Resolution Book No. 62, page 586.) Mr. Hudson moved the adoption of Resolution No. 34759-041700. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent.) PUBLIC WORKS: Council Member Carroll E. Swain, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for installing a new EPDM roof and insulation on roof areas 1 and 2 at the Public Works Service Center; whereupon, he recommended acceptance of the bid submitted by John T. Morgan Sheet Metal Co., Inc., in the amount of $79,816.00, in accordance with contract documents as prepared by the Office of 227 City Engineer; that the City Manager be authorized to enter into a contractual agreement for said work, in a form to be approved by the City Attorney; and reject all other bids received by the City for the work. (For full text, see report on file in the City Clerk's Office.) The City Manager concurred in the recommendation of the Bid Committee. ACTION: Mr. Swain offered the following resolution: (#34760-041700) A RESOLUTION accepting the bid of John T. Morgan Sheet Metal Company, Incorporated, for work on the Public Works Service Center (PWSC), upon certain terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Resolution, see Resolution Book No. 62, page 587.) Mr. Swain moved the adoption of Resolution No. 34760-041700. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent.) UNFINISHED BUSINESS: DONATIONS/CONTRIBUTIONS-LIBRARIES: Council having previously deferred action on a report of the City Manager with regard to selling some out-of-print books owned by the Public Library, the City Manager submitted a written report advising that several collections of books have been donated to the Public Library over the years, including rare 19th century first editions, 15th and 16th century illuminated manuscripts, and other illustrated rare books; and these collections do not fit within the scope of the Library's collection development policy and are not germane to the Library's mission. 228 ACTION: It was further advised that the Library Board has approved the disposal of these materials with the proceeds from their sale to be deposited with the Roanoke Public Library Foundation; the Library Foundation has agreed to accept and invest the funds with the interest income to be appropriated in perpetuity for the purchase of Virginia Room and general reference materials; neither the History Museum and Historical Society of Western Virginia nor the Art Museum of Western Virginia is interested in the materials; and provisions of the City Code authorize disposal of such items after consultation with the Roanoke Arts Commission, which has been done. The City Manager recommended that she be authorized to sell materials according to guidelines provided by City Code Section 2-269; and deposit the proceeds of sale with the Roanoke Public Library Foundation for investment to provide for ongoing support of the Roanoke City Public Library. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#34761-041700) A RESOLUTION authorizing the staff of the Roanoke City Public Library to sell certain collections of rare books that have I~reviously been donated to the City, through certain auction houses and by consignment with booksellers, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 62, page 588.) Mr. Harris moved the adoption of Resolution No. 34761-041700. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent.) INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ACTION: 229 BUDGET-COUNCIL: Mr. Harris offered the following resolution scheduling a special meeting of City Council to be held on Monday, May 1, 2000, at 7:00 p.m., in the Exhibit Hall at the Roanoke Civic Center, for the purpose of holding a public hearing on the fiscal year 2000-01 budget and effective tax increases: (#34762-041700) A RESOLUTION establishing the date of a Special Meeting of the Council of the City of Roanoke. (For full text of Resolution, see Resolution Book No. 62, page 589.) Mr. Harris moved the adoption of Resolution No. 34762-041700. The motion was seconded by Mr. Hudson and adopted by the following vote: ACTION' AYES: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent.) BUDGET-COUNCIL: Mr. Harris offered the following resolution scheduling a special meeting of City Council to be held on Tuesday, May 9, 2000, at 3:00 p.m., in the City Council Chamber, for the purpose of adopting the fiscal year 2000-2001 budget: (#34763-041700) A RESOLUTION establishing the date of a Special Meeting of the Council of the City of Roanoke. (For full text of Resolution, see Resolution Book No. 62, page 590.) Mr. Harris moved the adoption of Resolution No. 34763-041700. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: 230 ACTION: ACTION: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE At 3:55 p.m., the Mayor declared the meeting in recess. At 4:05 p.m., the meeting reconvened in the City Council Chamber with Mayor David A. Bowers presiding and all Member of the Council in attendance, with the exception of Council Member Trout. COUNCIL: With respect to the Closed Meeting just concluded, Mr. Hudson moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent.) OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION: The Mayor advised that there is a vacancy on the Roanoke Arts Commission created by the resignation of Barbara Lashley, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of Rita D. Bishop. There being no further nominations, Ms. Bishop was appointed as a member of the Roanoke Arts Commission, for a term ending June 30, 2002, by the following vote: FOR MS. BISHOP: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers .................................................... 6. (Council Member Trout was absent.) 231 OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY: The Mayor advised that the terms of office of Mary A. Rogers and Bruce L. Robinson as members of the Fair Housing Board expired on March 31, 2000, and called for nominations to fill the vacancies. Mr. Hudson placed in nomination the names of Mary A. Rogers and Bruce L. Robinson. ACTION: ACTION: There being no further nominations, Ms. Rogers and Mr. Robinson were reappointed as members of the Fair Housing Board, for terms ending March 31, 2003, by the following vote: FOR MS. ROGERS AND MR. ROBINSON: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers .................. 6. (Council Member Trout was absent.) OATHS OF OFFICE-COMMITTEES-HOTEL ROANOKE CONFERENCE CENTER: The Mayor advised that the term of office of James D. Grisso as a Commissioner of the Hotel Roanoke Conference Center Commission expired on April 12, 2000, and called for nominations to fill the vacancy. Mr. Hudson placed in nomination the name of James D. Grisso. There being no further nominations, Mr. Grisso was reappointed as a Commissioner of the Hotel Roanoke Conference Center Commission, for a term ending April 12, 2004, by the following vote: FOR MR. GRISSO: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers .................................................... 6. (Council Member Trout was absent.) At 4:05 p.m., the Mayor declared the meeting in recess until 7:00 p.m., in the City Council Chamber. On Monday, April 17, 2000, at 7:00 p.m., the Roanoke City Council reconvened in regular session in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding. 232 PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers ........................................................................... 6. ABSENT: Council Member James O. Trout ............................ 1. OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Sr., Assistant City Manager; William M. Hackworth, City Attorney; Jesse A. Hall, Deputy Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. HEARING OF CITIZENS: STATE HIGHWAYS-TRAFFIC: Frederick Williams, 3725 Sunrise Avenue, N. W., Chairperson, Neighborhood Development Committee of the Williamson Road Action Forum, advised that in June 1998, Council adopted a plan for 10th Street improvements which included a four-lane design between Gilmer Avenue and Staunton Avenue and a three lane design from Staunton Avenue to Williamson Road; and the plan also called for demolition of 21 houses and two businesses and included sidewalks, curb and gutter, drainage improvements and landscaping, which he would refer to hereinafter as the Virginia Department of Transportation (VDOT) plan. He further advised that two weeks ago, the City Manager presented Council with a revised conceptual plan for 10th Street improvements which consists of a two-lane design from Gilmer Avenue to Williamson Road, with turning lanes selectively added at busy intersections to manage traffic flow, no houses or businesses will be demolished, and striped bicycle lanes, sidewalks, curb and gutter, and landscaping improvements will be included, which he would hereinafter refer to as the "neighborhood plan." Therefore, he requested that Council formally withdraw its support of the "VDOT plan", and instead give its support to the "neighborhood plan," because any traffic problems on 10th Street can be managed with turning lanes. Mr. Williams referred to a resolution adopted by the Williamson Road Area Business Association listing what it considers to be the short comings of the public improvement phase of the process that produced the "VDOT plan." He noted that not everyone is as .... 233 supportive of the "neighborhood plan" as are the neighborhoods and some members of the WillJamson Road Area Business Association have stated that the process did not provide adequate opportunity for those who had reservations about the "neighborhood plan" to influence its outcome. He stated his disagreement with this position inasmuch as the process has been open, inclusive and provided ample opportunity for all interested parties to be heard. Mr. Williams referred to the February 28 meeting with the City Manager, the City's Traffic Engineer, Members of the Williamson Road Action Forum, and representatives of the Washington Park Neighborhood Alliance, Grayson Avenue Beautification Council and Melrose/Rugby Neighborhood Forum, and, as a result of the meeting, the City Manager requested that the "VDOT plan" be placed on hold and that an alternative plan be developed based upon neighborhood input. He called attention to a series of meetings at which time the revised plans for 10th Street were presented and input was invited by the Williamson Road Area Business Association (WRABA). He responded to the following objections of WRABA to the "neighborhood plan"; i.e.: (1) It is indicative of short term thinking. Mr. Williams stated that this is only .true if long term planning for Roanoke is to continue the undermining of Roanoke's neighborhoods and the accompanying loss of population through sprawl promoting growth projects. (2) A dedicated center turning lane may be more desirable than discrete turning lanes at busy intersections. Mr. Williams stated that it is difficult to understand why, from WRABA's perspective, this would be an issue since the center lane could be used only for turning and not for travel. (3) Bicycle lanes are a fad or feature that no one will use and will detract from 10th Street's role as a thru way for cars. Mr. Williams stated that the hostility to bike lanes is remarkable, it is at odds with the comprehensive greenway plan and with the Roanoke Valley Long Range Transportation Plan. (4) Funding the "neighborhood plan" might be done at the expense of streetscape improvements on Williamson Road. Mr. Williams stated that WRABA has been advised that the Williamson Road Action Forum will not support any attempt to divert money from Williamson Road to 10th Street and his desire has been to pressure VDOT to allow cities more flexibility in the use of urban construction program funds. (5) The "neighborhood plan" for 10th Street does not include the 10th Street gateway which is part of the plan forWilliamson Road improvement. Mr. Williams stated thatthe Action Forum has no objection to the gateway at 10th Street and Williamson Road as long as it does not require the widening of 10th Street. He advised that these objections seem to lack seriousness and credibility and taken together amount to little more than an attempt to undermine the "neighborhood plan" for 10th Street. 234 Mr. Williams stated that Roanoke City neighborhoods will never be all that they can be until serious attention is paid to City streets which form the network of social boundaries that produce pleasant and habitable environments. He added that neighborhoods exist for the benefit of the people who live in them and not for the benefit of those persons who use them as transportation corridors, which should be the non-negotiable and first principal of urban street and road design; and for urban areas like Roanoke City, anything else is a form of slow suicide. He advised that the vision for 10TM Street is a pleasant and inviting residential street, but also a main corridor between the north and south ends of the City, a street on which traffic flows smoothly and evenly but at modest speeds, a street on which pedestrians do not have to fear speeding cars, and a street on which bicyclists can travel in safety without being made to feel second class. He stated that with patience and determination, Roanoke can make this vision a reality and asked that Council lend its support to the "neighborhood plan", which will be a credit to the City and will be worthy of its citizens. Michael Bailey, 4804 Williamson Road, N. W., President, Williamson Road Area Business Association, advised that the current position of the community appears to support a revisit of the 10th Street widening project, but with wider community involvement. He requested that Council allow more time to discuss the benefits of a two- lane versus a three-four lane road, because the WRABA Board of Directors is not as concerned about a two or three lane road as it is with the width of the roadway. He asked that funds for improvements to the Williamson Road corridor as presented by David Hill, P. C., on which construction is about to begin, not be threatened by the proposed 10th Street project/resolution and that plans concerning the 10th Street intersection and Williamson Road, be included in the proposed resolution to VDOT. He advised that WRABA does not wish to speak against the proposed resolution, but would like to include certain vitally important issues to the Williamson Road area. Ms. Kristin Reynolds, 3748 Martinell Avenue, N. W., advised that she moved to the Roanoke area three years ago from Knoxville, Tennessee, a locality where the City government consistently voted against neighborhoods, favoring instead the widening roads, cutting down trees and razing old homes, etc.,which resulted in a flight of citizens from the City, and Knoxville is now struggling to find ways to get people to move back to the City. She added that she moved to Roanoke because it is a beautiful place to live and she has a tremendous concern that the City of Roanoke will not become another Knoxville, Tennessee° 235 Mr. Pete Johnson, 3748 Martinell Avenue, N. W., advised that the City must do more for its neighborhoods and neighborhood plans should be neighborhood friendly. Keith Moore, 3339 Frontier Road, N. W., Past President, Williamson Road Action Forum, advised that the plan previously approved by VDOT six years ago was not neighborhood friendly and would have encroached on private property by razing 21 houses, relocating 21 families, and causing a rift between Williamson Road neighborhoods. He stated that the Williamson Road Action Forum worked closely with members of the Williamson Road Area Business Association and an adequate amount of time was provided for input. He read a letter from Dr. John Shelton supporting a two-lane roadway for 10th Street. Barbara N. Duerk, representing the Commonwealth Transportation Safety Board, 2607 Rosalind Avenue, S. W., advised that Roanoke City should determine the use of urban construction money rather than VDOT. She applauded all citizens who are championing the cause for improvements to 10t" Street, and stated that residents never gave up hope that some day someone would listen to their concerns about the effect of VDOT's plan for 10t" Street, and the time is right for Roanoke to not be intimidated by VDOT and for the City administration and citizens to request the best possible improvements for 10t" Street. She referred to a portion of the Transportation Equity Act for the 21st Century which provides that bicycles and pedestrians shall be given due consideration in State and Long Range Transportation Plans, bicycles and pedestrian projects shall be considered where appropriate in conjunction with all new construction and reconstruction of transportation facilities, except where bicycles and pedestrians are prohibited, and transportation plans and projects shall provide due consideration for safety and contiguous roads for bicyclists and pedestrians. She advised that Roanoke City supports economic development, all citizens should be able to move freely and safely between their home and their work place, and automobiles should not be the only means of transportation. She urged that Council approve the "neighborhood plan" for 10~ Street. Ms. Kathy Hill, 509 Arbor Avenue, S. E., spoke in support of the "neighborhood plan" for 10th Street. She advised that neighborhoods are dwindling away as a result of large projects; and the City should support its neighborhoods rather than displacing citizens and losing the basic neighborhood core. She referred to a resolution adopted by the Riverland Alert Neighbors in support of the proposed "neighborhood plan" for 10th Street improvements. 236 Mr. Carl Cooper, Chair, Legislative Committee, Roanoke Neighborhood Partnership Steering Committee, 2021 Carroll Avenue, N. W., advised that the Steering Committee supports Council's vision for the City. He stated that the Roanoke Neighborhood Partnership Steering Committee believes that all persons in the neighborhoods and all City residents should be made aware of transportation projects and be allowed to have a voice in the decisions that affect their lives. He advised that the Steering Committee believes that transportation planning and design in the urban environment should acknowledge and reflect the value of preserving the quality of life in neighborhoods and issues of noise, air quality and safety must be addressed in every transportation project. He noted that the Roanoke Neighborhood Partnership Steering Committee supports the request of the Williamson Road Action Forum to Council to reevaluate the plans for 10th Street, because future transportation projects should address the Council's vision to make Roanoke an exceptional place to live, work and visit. Bob Caudle, President, Greater Deyerle Neighborhood, 4231 Belford Street, S. W., advised that Williamson Road cannot accommodate the additional traffic if 10th Street is widened to four- lanes. He added that Council has stated that neighborhoods are the life blood of the City of Roanoke, and requested that Council not cut off its life blood and support the 10th Street "neighborhood plan." Estelle McCadden, President, Melrose/Rugby Neighborhood Forum, 2128 Mercer Avenue, N. W., advised that input should be solicited ~rom the neighborhoods at the beginning of the planning process when the City begins to address issues that affect specific neighborhoods. She commended the Williamson Road Action Forum for taking a leadership role regarding 10th Street improvements, and urged that Council support the "neighborhood plan" for widening 10th Street. Ms. Jeanette Manns, 1826 10th Street, N. W., advised that residents have taken a united stand in support of the "neighborhood plan" and they request that Council listen to their wishes. Mr. Bob Bowers, 2710 10t~ Street, N. W., inquired if the overall plan for 10t~ Street is adequate to address future traffic needs, and bicycle lanes would be better served at a location where there are not as many intersections. He inquired as to the funding source for 10th Street improvements and expressed concern with regard to spending a large sum of money on a project that may not address the future needs of 10TM Street in ten to twenty years. He asked that Council respond to his questions before approving the "neighborhood plan." 237 Mr. Mark Pedersen, 1001 Dale Avenue, S. E., advised that he would like to continue to live in the City of Roanoke, but if he cannot walk safely down 10th Street or any other street in the city, or if he cannot safely go for a ride on his bicycle, then Roanoke is not a city where he would want to live. He stated that when potential businesses conduct a search of a community they look at livability issues, the quality of schools, a strong and vibrant downtown, and neighborhoods, specifically whether or not they retain home owners for long periods of time. He noted that if 10th Street is widened to four lanes, the same thing will happen that has already occurred along Jamison Avenue and Bullitt Avenue in southeast Roanoke where many large homes have been conYerted to rental property and will eventually decline into slum property. He stated that transportation effects the quality of a community and transportation planners are trying to accommodate all forms of transportation, whether it be for recreation or transportation. He requested that Council support the "neighborhood plan" for two- lane traffic on 10th Street. Brenda McDaniel, President, Greater Raleigh Court Civic League, 2037 Carter Road, S. W., advised that 10th Street is her chosen route to work because it is less stressful and more pleasant than some of the other faster routes. She called attention to nice neighborhoods that border 10th Street and Williamson Road, and pedestrians walking along 10th Street do not need a multi-lane highway running through their neighborhood. She urged that Council rescind its previous request to VDOT regarding the four laning of 10th Street and approve the proposed "neighborhood plan" to widen the roadway to two lanes. Ms. Elizabeth Belcher, 5998 Grandin Road, S. W., spoke in support of the proposal of the Williamson Road Action Forum for bike lanes and sidewalks on 10th Street which will improve safety in the area. She explained that the Roanoke Valley Conceptual Greenway Plan prepared in 1985 included both off route and on route greenway trails, and on road routes as connections suitable for bicycles are essential to making the greenway system a transportation network. She advised that 10th Street was included as an on road greenway corridor in the greenway plan based on: (1) public input, (2) previous inclusion of bikeways and bike lanes in the Roanoke Valley Bicycle Plan, and (3) the connection that is provided for pedestrians and bicyclists. She stated that one section of the Lick Run Greenway has been built and other sections will soon be under construction, the greenway will close 10th Street in the Shadeland area, and bike lanes and sidewalks are logical connections from the greenway to the neighborhood. She advised that Roanoke's vision supports protecting and enhancing neighborhoods, facilitating participatory government and increasing access to alternate 238 transportation modes and this project meets those goals. She encouraged Council to support the 10th Street community and the 10th Street connections to the Lick Run Greenway. Mr. Michael Mills, 1314 Grandin Road, S. W., advised that the decisions made on the 10th Street issue will forever impact the citizens of Roanoke, surrounding localities and future visitors to the area. He stated that 10th Street improvements could also serve as a model for future roadway projects, therefor the issues at hand should be closely considered. He advised that in the past few years, there have been many strides toward a city with community emphasis which adds to the quality of life by linking communities and providing alternative forms of transportation to motorized travel which will attract potential businesses that are seeking such a place to locate. He stated that Roanoke has the potential as a city to promote its geographical position and natural beauty, an example of which is the Blue Ridge Parkway which was voted as the number one national park last year. He further stated that if Roanoke would develop in such a way so as to attract Blue Ridge Parkway visitors, a large boost to Roanoke's economy would be provided which could be done by encouraging bicycling, walking, in line skating and horse back riding within the City limits, and Roanoke's small size is conducive to travel and recreation by any of those alternative forms of transportation. He asked that Council support the "neighborhood plan" for 10th Street. Matt Hawkins, President, Williamson Road Action Forum, 2431 Dorchester Drive, N. W., advised that bike lanes are needed on 10th Street, and 10th Street should not be widened to four lanes because it is a neighborhood and not a highway. Mr. James Olin, 175 27t' Street, S. W., advised that Roanoke's neighborhoods should be strengthened and not weakened by a four- lane highway. He stated that the wishes of the citizens have been expressed and requested that Council vote in favor of the "neighborhood plan" for 10th Street. The City Manager was requested to clarify her direction; whereupon, she advised that Council was briefed two weeks ago in advance of hearing from citizens of the 10th Street area, and at that time, the Director of Public Works was conducting meetings with neighborhood groups, therefore, itwould have been premature for staff to advise Council that the neighborhoods were in full support of the "neighborhood plan." She called attention to discussions with ACTION: 239 representatives of VDOT who indicate that they are prepared to work with the City on the plan that the City believes is in the best interest of the community. Ms. Wyatt offered the following resolution: (#34764-041700) A RESOLUTION rescinding Resolution No. 33857-060198, adopted June 1, 1998, thereby withdrawing Council's support for the proposed 3-1ane/4-1ane improvements to 10th Street, N. W.; and concurring in requests of neighborhood organizations to support development of a revised 2-lane improvement plan for 10th Street, N. W. (For full text of Resolution, see Resolution Book No. 62, page 591.) Ms. Wyatt moved the adoption of Resolution No. 34764-041700. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent.) BID OPENINGS: PARKS AND RECREATION-BLUE RIDGE PUBLIC TELEVISION: Pursuant to notice of advertisement for bids for the lease of five acres of Fishburn Park for a public television operation, said bids to be received in the City Clerk's Office until 4:00 p.m., on Monday, April 17, 2000, and to be held unopened by the City Clerk until 7:00 p.m., on that date, at which time all bids would be publicly opened and read aloud before the Council, the Mayor inquired if anyone had any questions with regard to the opening of the bids. There being none, he requested that the City Clerk open and read all bids received prior to the deadline. The City Clerk opened and read the sole bid received by the City from Blue Ridge Public Television, as follows: Payment to the City of one dollar per year for each of the 30 years of the lease. 240 Acknowledgment of a contribution of in-kind dollars in the amount to be determined of as portion of the fair-market rental value. Blue Ridge Public Television will provide fire and extended coverage insurance on the permanent improvements located on leased premises as well as casualty insurance. (For full text, see bid on file in the City Clerk's Office.) Mr. Hudson moved that the bid be referred to the City Manager for study, report and recommendation to Council. The motion was seconded by Mr. Swain and adopted. PUBLIC HEARINGS: PARKS AND RECREATION-BLUE RIDGE PUBLIC TELEVISION: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, April 17, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, for the purpose of receiving comments relating to the proposed lease of five acres of land and a 50 foot wide right-of-way owned by the City in Fishburn Park, for the purpose of operating a non- profit, educational television facility, for a period of 30 years commencing as soon as all legal requirements have been met and ending on July 1, 2030, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on March 20, March 27, April 3 and April 10, 2000. (See publisher's affidavit on file in the City Clerk's Office.) The Mayor inquired if there were persons in attendance who would like to address Council in connection with the matter; whereupon, no one asked to be heard. There being no questions or comments by Council Members, the Mayor declared the public hearing closed. SCHOOLS: Council having authorized the City Clerk to advertise a public hearing for Monday, April 17, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive the views of citizens 241 regarding appointment of three Roanoke City School Board Trustees for three year terms of office commencing July 1,2000, the matter was before the body. Advertisement of the public hearing was published in The Roanoke Times on Friday, April 7, 2000. Candidates for the positions are James P. Beatty, F. B. Webster Day, Marsha W. Ellison, Sherman P. Lea, Gloria P. Manns and William E. Skeen. (See publisher's affidavit on file in the City Clerk's Office.) Mr. Michael Palmer, 1524 Wilson Avenue, N. W., spoke in support of the application of Mr. Sherman Lea. He advised that Mr. Lea has a concern for not only the education of Roanoke's children, but for their well being and safety while they are in school. He stated that from his previous experience as a police officer, there are generally two types of teens, the student who attended school every day and the drop out who felt that no one was concerned for his well being or safety. He added that Mr. Lea has a strong concern for the student who drops out of school and to that end, he initiated a program with Total Action Against Poverty, known as the Drop Out Retrieval Program, which locates students who have dropped out of school and tries to get them back into educational programs that will enable them to earn their GED. He called attention to Mr. Lea's involvement to establish a program to place dogs in the schools to sniff out drugs which benefit not only the students, but parents, teachers, police officers, and the community at large. He advised that Mr. Lea's dedication and commitment as a School Board Trustee will help to make Roanoke a safer and better community and will also help many young people who cannot succeed in a normal school setting. Ms. Anita J. Price, 3101 Willow Road, N. W., spoke on behalf of the reappointment of Mr. Sherman Lea. She advised that she has been a classroom teacher and counselor for over 25 years and it is from this experience thatshe addresses Council. She further advised that public education is under attack like never before, teachers are criticized and made to be scape goats for all of the ills of the public education system, and now, more than ever before, more support and more friends of public education is needed in order to work together for the success of Roanoke's children, and the Roanoke City Public Schools have such a friend in Mr. Lea. She stated that Roanoke has an excellent school system and part of that success must be attributed to Mr. Lea who has worked diligently on several school board committees, he has bean recognized statewide as Chair of the Blue Ridge Region of School Boards which is comprised of 18 school divisions from Allegheny to Wythe County and from this position, he was automatically appointed to the Board of Directors of the Virginia School Board Association. She advised that Mr. Lea believes that every employee has the right to work with dignity and respect, he has proven himself to be an active listener and problem solver, and he is willing to do whatever is required to insure the best learning environment for Roanoke's students and the best working environment for school employees. She strongly supported Mr. Lea's application for reappointment to the School Board. Ms. Fran Martin, 3325 Oakland Boulevard, N. W., a retired teacher of the Roanoke City School System, spoke in support of the reappointment of Mr. Sherman Lea. She advised that she worked closely with Mr. Lea in regard to promoting a drug free environment in the Roanoke City Public schools and in naming a building at William Fleming High School in honor of former principal, Alice Szathmary. She stated that Mr. Lea supports Roanoke's high schools and a new or remodeled stadium or complex to be used for athletic events. She advised that Mr. Lea responds immediately to questions or concerns and he is an advocate for parents, students and employees within the school system; whereupon, she urged that Council give serious consideration to his reappointment to the School Board. Ms. Leslie Matney, 2310 Avenham Avenue, S. W., spoke in support of the reappointment of Mr. Sherman Lea to the School Board because he is a concerned citizen involved in his community through his job, his religion, his family and his love of sports. She advised that Mr. Lea has two children who attended Roanoke City Public Schools and he was actively involved in both their academic and athletic endeavors. She stated that every school is important to Mr. Lea and as a School Board member, he makes an effort to be accessible to all people in the community and takes time to listen to concerns, investigates issues and takes appropriate action, he is open to all comments about school issues, be they favorable or critical, and he follows through on all concerns and earnestly tries to resolve matters to the satisfaction of the individual. She advised that Mr. Lea is involved i~ programs that will create a safe environment in the schools, he initiated the use of drug dogs in the schools and encourages drug awareness education to eradicate the drug problem, and he is involved in a campaign to reduce the drop out rate in the schools. She advised that Mr. Lea brings to the School Board a balanced approach to 243 continuing education, while utilizing his experience, talents and abilities for the benefit of Roanoke's young people. She urged that Mr. Lea be reappointed to the School Board. Ms. Joanne Hamidullah, Past President, Central Council PTA, spoke in support of the reappointment of Ms. Marsha Ellison. She advised that Ms. Ellison puts the children first and through the years, she has demonstrated her commitment to all children through her support of the alternative education program at Noel C. Taylor Learning Academy, an increase in the number of pre school programs in the Roanoke City Public School system, decreasing the number of students in the individual classroom, and encouraging high expectations for all children. She stated that Ms. Ellison sees the need for and has encouraged more parental involvement in the schools. She asked that Council support Ms. Ellison in her bid for reappointment to the School Board. Mr. Dan Carson, 2006 Knollwood Road, S. W., spoke in support of the reappointment of Ms. Marsha Ellison. He advised that he has known Ms. Ellison for 13 years and appeared before Council on two previous occasions to encourage her appointment. He stated that Ms. Ellison held numerous positions as volunteer and leader in the City schools prior to becoming a member of the School Board, she is conscientious, with a wealth of experience, and she will understand and pursue the interests of a large and diverse student population in an increasingly demanding world. He advised that he shares Ms. Ellison's expectations for Roanoke City schools and pointed out that meaningful progress has been made during her term as a Trustee and as Chair of the School Board. He stated that she has advocated a cooperative relationship between schools and businesses in the community, an outgrowth of which is the establishment of the Blue Ridge Technological Academy which will open this fall in the Roanoke Higher Education Center. He referred to the working agreement formulated by the School Board when Ms. Ellison served as Chair which outlined how the Board could effectively operate as an organization. He advised that Ms. Ellison has proven herself as an effective and caring member of the School Board, steadfastly focusing on improving student achievement and the citizens of Roanoke are fortunate that she is willing to continue her service. He urged that Ms. Ellison be reappointed for another term on the Roanoke City School Board. Dr. Reginald Shareef, 3148 Circle Drive, S. W., spoke in support of the re]ppointment of Ms. Marsha Ellison, who is a person of intelligence, discipline, drive, character, ethics and morality. He advised that she has a profound interest in the Roanoke City Public 244 Schools and prior to her appointment to the School Board, she was involved in activities including tutoring, the school long range planning committee and President of the Central Council PTA. He stated that since joining the School Board, she has been an advocate for the joint use of school facilities with the community, which has led to programs that promote wellness and fitness for community members, classes for senior citizens and the opening of two school libraries during evening hours, which activities are indicative of her commitment to expand the concept back to public education for the 21st century. He advised that Ms. Ellison supports the Standards of Learning process, but has encouraged additional criteria in conjunction with the SOL's, she supports innovative programs to facilitate interventions for Iow achieving and truant students, increased teacher training, smaller class sizes and more pre school programs. He noted that Ms. Ellison has been instrumental in the School Board's attempts to bring teacher salaries above the national average, while simultaneously improving student achievement, and the pay and performance program should help to accomplish both of these goals. He advised that she is articulate, personable, highly motivated, and possesses the knowledge, commitment and energy to make meaningful contributions to the School Board. He strongly recommended the reappointment of Ms. Ellison to the Roanoke City School Board. Ms. Margaret Martin, 1609 Persinger Road, S. W., spoke in support of the reappointment of Ms. Marsha Ellison to the School Board. She advised that Ms. Ellison has been a community leader, President of the American Association of University Women, President of Raleigh Court Elementary School PTA, President of Roanoke Central Council PTA, and an active member of the PTA and Site Based Council at Woodrow Wilson Middle School and Patrick Henry High School, and she is a good behind-the-scenes worker whose main interest is the children. She explained that Ms. Ellison has served on the School Board for six years, including three years as Chair, and she has been an advocate for all children, she has visited each City school, she is a hands on School Board member and goes above and beyond the call of duty by not only visiting the schools, but attending special events, tutoring, and supporting team transportation sports in the various schools. She advised that Ms. Ellison has no hidden agenda, her agenda is to provide the best possible education for all of Roanoke's children. She requested that Council reappoint Ms. EIlison for another term to the Roanoke City School Board. Mr. Douglas Waters, 163 Zion Hill Road, Fincastle, Virginia, a former resident of the City of Roanoke and a parent of Roanoke City Public School graduates, spoke in support of the reappointment of 245 Mr. Webster Day. He advised that he has known Mr. Day in his capacity as a civic volunteer, as an attorney, and as a School Trustee and from all of these experiences, he is convinced that Mr. Day has the combination of qualities that make him a very strong candidate for reappointment to the School Board. He called attention to Mr. Day's excellent leadership skills and his genuine concern for education in terms of quality and equality for all students. He stated that his experience in public finance, the legal field, managing education and training programs for a diverse body of citizens who are served by the Fifth District Employment and Training Consortium, and other organizations where he serves as a volunteer leader make him a strong candidate for reappointment to the School Board. He advised that Council is in an enviable position of having an outstanding slate of candidates to select from, but for the reasons above stated, Mr. Day is an outstanding candidate for reappointment to the School Board. Mr. Wallace Allen, 3821 Harvest Lane, N. W., spoke in support of the appointment of Ms. Gloria Manns to the School Board. He advised that Ms. Manns has an appreciation for the Roanoke City Public School System from three perspectives: (1) a former student and graduate of the system, (2) a parent of two children who graduated from the system, and (3) a volunteer in various capacities in the school system, the PTA, and the Booster Club, all of which have given her an appreciation for the Roanoke City Public School system. He stated that Ms. Manns gives her time and talents to her community in order to make Roanoke City a better place to live, she is committed and caring to all tasks that are entrusted to her, she serves as a member of the City Manager's Community Relations Task Force, the Roanoke Public Library Board, the Widows Support Group, and the National Association of Social Workers, etc. He advised that Ms. Manns has an appreciation for the school system, she is benevolent, caring and committed and based on those facts, he recommended that she be appointed to the School Board. Mr. Jonathon Skeen, 2420 Tillett Road, N. W., spoke in support of the application of his father, Mr. William Skeen, for appointment to the School Board. He advised that he is a junior at Patrick Henry High School and his father has always been supportive of his advancement, concerned about his grades, extracurricular activities and sports participation which has helped him to excel in his academics and led to a 3.7 grade point average. He stated that his father leads by example by volunteering for any activity, whether it be coaching, soccer, baseball, a civic endeavor, or any project that needs his assistance. He 246 advised that his father has a "roll up your sleeves, get people involved" way of doing business and if he is appointed to serve on the School Board, he will work hard to do the very best job that he is capable of. Mr. Ben Skeen, 1938 Avon Road, S. W., spoke in support of the application of his father, Mr. William Skeen, for appointment to the School Board. He advised that he is an eighth grade student at Woodrow Wilson Middle School, and his father is always interested in knowing if he is happy, and, if not, what can be done to make things better. He stated that his father has helped him to understand the importance of getting a good education, treating people with respect, working together, listening closely to what others have to say, encouraging him to work toward his goals and achievements, and that giving up is never an option. He advised that if elected to the School Board, his father will work hard, listen carefully and work with others, while striving to do what is best for all of the students in the Roanoke City Public School System. Mr. Michael Urbanski, 2108 Mount Vernon Road, S. W., spoke in support of the application of Mr. Webster Day for reappointment to the School Board. He advised that the qualities of courage, judgment, integrity and dedication constitute the cornerstones of Mr. Day's character and are evident from his service and accomplishments during his first term on the School Board. He stated that Mr. Day brings the perspective of a parent of three children to the Roanoke City Schools, a youth coach, a businessman, a skilled attorney in financial transactions, and a civic leader and volunteer. He advised that there is no finer or more qualified individual to serve on the Roanoke City School Board than Mr. Day and strongly recommended that he be reappointed for a second term. Ms. Brenda McDaniel, 2037 Carter Road, S. W., spoke on behalf of the application of Mr. William Skeen. She advised that Roanoke is fortunate to have so many qualified candidates seeking appointment to the School Board and Council has a difficult decision to make. As a member of the Greater Raleigh Court Civic League, she stated that Mr. Skeen is a most dependable, reliable and effective participant who gives all projects his full attention, he is a father who takes an active role in the lives of his children, he is active in the Roanoke Neighborhood Partnership Steering Committee and would be an asset to any orcjanization on which he serves. She requested Council's serious consideration of Mr. Skeen for appointment to the School Board. 247 Mr. Matthew Kennell, 2201 Hunter Road, S. W., spoke in support of the application of Mr. William Skeen for appointment and Mr. Webster Day for reappointment to the School Board. He advised that Mr. Skeen is the kind of person who can be called upon when one needs new ideas or a fresh approach. He called attention to Mr. Skeen's passion to make his community a better place to live and with that goal in mind, he accepted a position with Total Action Against Poverty so that he could better serve the people of the Roanoke Valley. He stated that Mr. Skeen is a caring community leader, a good husband and father and a model citizen; therefore, he requested that Council support the appointment of Mr. Skeen to the School Board. Ms. Annette Lewis, 4606 Casper Drive, N., E., spoke in support of the application of Mr. Sherman Lea, who is a man of vision and action, for reappointment to the School Board. She advised that when he discovered that more than 500 children drop out of schools each year in the Roanoke Valley, he brought the drop out crisis to the forefront. She stated that Mr. Lea deserves to be reappointed to the School Board because he is committed to keeping Roanoke's children in school so they too can play an active role in society. She urged Council's support of Mr. Lea for reappointment to the School Board. Dr. Elizabeth Lee, 4833 Westhill Drive, S. W., spoke in support of the application of Ms. Gloria Manns for appointment to the School Board. She advised that Ms. Manns is positive, professional, creative in problem solving, and never gives up on her crusade for children. She stated that Ms. Manns has no private agenda and seeks appointment to the School Board out of a desire to promote the welfare of Roanoke City School students, she will be equitable in caring about all children in the Roanoke City Schools, she is not afraid of hard work or long hours, she is not afraid of the demands of difficult decisions, she will uphold strong academic standards of learning, she understands the value of counseling, co-curricular development, student health issues, safety, special needs and concerns, budgeting, and she will do her utmost to be an informed advocate for the youth of Roanoke City. She asked that Council evaluate Ms. Manns credentials and review the evidence of her service to the community and find her worthy of a position on the School Board. She advised that as a Trustee of the School Board, she will be assertive in a plan that gives attention and support to preparing all students for success in meeting the Standards of Learning. For the above reasons, she requested that Ms. Manns be appointed to the Roanoke City School Board. 248 Mr. Donald Graham, 4832 Westhill Drive, S. W., spoke in support of the application of Mr. James Beatty, who started his career as a teacher, followed by a profession in public service, for appointment to the School Board. He advised that Mr. Beatty has worked with colleges and other learning institutions in developing students for public service opportunities, he has two sons who completed their education in the Roanoke City Public School System, his involvement through leadership and development has helped young people to attain scholarships, and he is a religious leader in the community. He stated that Council has a difficult task of selecting three persons from a good slate of candidates; however, someone of Mr. Beatty's credentials would be an outstanding addition to the School Board. He requested that Council give serious consideration to the appointment of Mr. Beatty to the Roanoke City School Board. Ms. Pauline Brown, P. O. Box 11782, spoke in support of the application of Mr. William Skeen. She advised that Mr. Skeen's leadership at Total Action Against Poverty and in the banking industry are assets to the Roanoke community and to the School Board. She stated that he is caring, responsible, driven and fair, a task master who can get the job done, and he is community-oriented and possesses strong values for personal growth and development. She advised that his professional and personal credentials are too extensive to list in full, although he has over 20 years of experience in banking and business management, his planning and organizational skills are impeccable, he possesses vision and the ability to set clear goals and to achieve results, and he is actively involved as a Board member in numerous community groups including the Greater Raleigh Court Civic League, the Roanoke Regional Housing Network and the Roanoke City Manager's Community Relations Task Force. She stated that aside from being a dedicated business professional, Mr. Skeen is a dedicated father, he understands the issues facing Roanoke's youth, and he is sensitive and sympathetic to educational issues and those issues facing the school system. She added that Mr. Skeen is able to manage responsibilities to family, work and to the community in an outstanding manner, he is a man of great integrity, and asked that Council consider him for appointment to the Roanoke City School Board. Ms. Helene Katz, 2509 Heritage Circle, S. W., spoke in support of the reappointment of Mr. Webster Day, who has a vested interest in the Roanoke City Schools and the educational process for all children, to the Roanoke City School Board. She stated that Mr. Day has lived and worked in the City of Roanoke for over 20 years, he has three children in the Roanoke City Public Schools, his professional expertise as an attorney has enabled him to make numerous contributions for the 249 benefit of Roanoke's school system, and he is a consensus builder in business and financial matters involving public funds. She advised that during the next three years, the School Board will be addressing many critical issues, including the renovation of Patrick Henry High School, efforts to implement the Virginia Standards of Learning testing program, while continuing to represent a cross section of the community, and the School Board will be best served by a composition of individuals who offer a diverse assortment of professional experience in their roles as School Board Trustees. She stated that Mr. Day has the ability to implement policy and decisions that will determine the positive direction of the School system in the new millennium. She urged Council to reappoint him for another term on the School Board. Mr. George Gunther, P. O. Box 12353, advised that after listening to all of the testimony, it is apparent that Council has an excellent slate of candidates to choose from, and suggested that more than three persons be appointed to the School Board. Without objection by Council, the Mayor advised that all remarks would be received and filed. He further advised that public interviews will be held on Tuesday, April 18, 2000, commencing at 4:30 p.m., in the City Council Chamber. 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, April 17, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of RIA, LLC, that certain tracts of land located on the west side of Hollins Road, N. E., May Street and Pearl Avenue, identified as Official Tax Nos. 3140612, 3140613, 3140614, 3140615, 3140620, 3140621, 3140622, 3140623, 3140303, 3140305, 3140306 and 3140301, be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, March 30 and Thursday, April 6, 2000, and in The Roanoke Tribune on Thursday, April 6, 2000. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission recommending that Council approve the request for rezoning, advising that current zoning would change to LM, Light Manufacturing District; land use of the 250 ACTION: rezoned property can be light industrial uses as provided for in the LM district; at present, current zoning is restricted to heavy industrial uses, which may be more objectionable to surrounding uses; the neighborhood is separated from the subject properties by other properties zoned for manufacturing use; and the comprehensive plan would be followed, was before Council. (For full text, see report on file in the City Clerk's Office.) Michael K. Smeltzer, Attorney, appeared before Council in support of the request of his client. Mr. White moved that the following ordinance be placed upon its first reading: (#34765) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 314, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 63, page 1.) The motion was seconded by Mr. Swain. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 34765 was adopted, on its first reading, by the following vote: AYES: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Trout 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, April 17, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of James J. Walker that two adjoining tracts of land located at 1031 Patterson Avenue, S. W., identified as Official Tax Nos. 1112009 and 1112010, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner, the matter was before the body. 251 Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, March 30 and Thursday, April 6, 2000, and in The Roanoke Tribune on Thursday, April 6, 2000. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the properties are requested to be rezoned to provide for future use as a church or place or worship, was before Council. The City Planning Commission recommended that Council approve the request for rezoning, subject to certain conditions proffered by the petitioner. (For full text, see report on file in the City Clerk's Office.) Sam Garrison, Attorney, appeared before Council in support of the request. ACTION: Ms. Wyatt moved that the following ordinance be placed upon its first reading: (#34766) AN ORDINANCE to amend {}36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 111, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 63, page 3.) The motion was seconded by Mr. Swain. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 34766 was adopted, on its first reading, by the following vote: AYES: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent.) OTHER HEARING OF CITIZENS: 252 ACTION: COMPLAINTS-SEWERS AND STORM DRAINS-PUBLIC WORKS: Mr. Douglas Trout, 752 Orange Avenue, N. E., addressed Council with regard to the over population of midges and odor in the vicinity of the Sewage Treatment Plant. He also referred to an unfavorable situation on Brownlee Avenue, S. E., as a result of swamp-like conditions in the area. It was the consensus of Council to refer the complaint to the City Manager for response. POLICE DEPARTMENT-PAY PLAN-HOUSING/AUTHORITY-CITY EMPLOYEES: Mr. Robert Gravely, 1412 Moorman Road, N. W., addressed Council with regard to utilization of the City's current workforce to serve as leaders in the community, creation of more jobs for inner City residents, crime control in the inner City, and increased housing in the inner City. He expressed appreciation to the City Manager, on behalf of City employees, with regard to her recommendation on a proposed pay increase for fiscal year 2000-01. CITY MANAGER: Mr. Hudson offered the following resolution confirming the City Manager's appointment of James D. Ritchie, Sr., as Deputy City Manager, Kit B. Kiser as Assistant City Manager for Operations, and George C. Snead, Jr., as Assistant City Manager for Community Development, effective April 17, 2000: (#34767-041700) A RESOLUTION confirming the City Manager's appointments to Assistant City Manager and Deputy City Manager positions. (For full text of Resolution, see Resolution Book No. 62, page 592.) Mr. Hudson moved the adoption of Resolution No. 34767-041700. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent.) 253 There being no further business, the Mayor declared the meeting adjourned at 10:00 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 254 COUNCIL .........................PUBLIC INTERVIEWS OF SCHOOL BOARD APPLICANTS April 18, 2000 4:30 p.m. The Council of the City of Roanoke held public interviews with six candidates for the position of School Board Trustee on Tuesday, April 18, 2000, at 4:30 p.m., in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding. PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers .................. 6. ABSENT: Council Member James O. Trout .............................................. 1. OFFICERS PRESENT: Mary F. Parker, City Clerk. SCHOOL BOARD APPLICANTS PRESENT: F. B. Webster Day, Marsha W. Ellison, James P. Beatty, Sherman P. Lea, Gloria P. Manns and William E. Skeen. The meeting was opened with a prayer by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. The Mayor advised that on June 30, 2000, the three year terms of F. B. Webster Day, Marsha W. Ellison and Sherman P. Lea as Trustees of the Roanoke City School Board will expire; and the purpose of the meeting is to interview six candidates for the upcoming vacancies. The Mayor called attention to the following actions which were taken by Council, pursuant to provisions of Chapter 9, Education, Code of the City of Roanoke (1979), as amended: At regular meetings of the City Council held on January 18 and February 7, Council announced its intention to elect Trustees to the Roanoke City School Board for terms commencing July 1, 2000. Advertisements were placed in The Roanoke Times and in The Roanoke Tribune inviting applications for the vacancies. Seven applications were received in the City Clerk's Office prior to the 5:00 p.m. deadline on Friday, March 10, 2000. One application was later withdrawn. 255 On March 20, 2000, at 6:00 p.m., Council held a reception with the candidates which was open to the public. On March 20, 2000, at 7:00 p.m., Council, as a Committee of the Whole, reviewed and considered all applications. At the regular meeting of City Council on Monday, April 3, 2000, at 2:00 p.m., Council voted to interview F. B. Webster Day, Marsha W. Ellison, James P. Beatty, Sherman P. Lea, Gloria P. Manns and William E. Skeen. Those candidates who were to be accorded the public interview were notified by the City Clerk by letter dated April 10, 2000. A notice was published in The Roanoke Times inviting attendance at a public hearing to be held by City Council on Monday, April 17, 2000, at 7:00 p.m., to receive the views of citizens regarding School Board applicants, and further inviting the public to submit proposed questions to the candidates by filing such questions in the City Clerk's Office by 5:00 p.m., on Thursday, April 13, 2000. No questions were submitted. The Mayor explained that the selection process provides that Council will publicly interview each candidate separately and out of the presence and hearing of other candidates; Section 9-21, Public Interviews of Candidates, of the Code of the City of Roanoke (1979), as amended, provides, in part, that interviews of the candidates shall take place in an order deemed appropriate by City Council; whereupon, the Mayor advised that the City Clerk had scheduled interviews in the following order: 4:30 p.m. 5:00 p.m. 5:30 p.m. 6:00 p.m. 6:30 p.m. 7:00 p.m. F. B. Webster Day Marsha W. Ellison James P. Beatty Sherman P. Lea Gloria P. Manns William E. Skeen Mayor Bowers pointed outthat each candidate would be given the opportunity to make an opening statement of not more than five minutes, and thereafter, Council would ask such questions, as Council, in its discretion, deems advisable. He explained that six interviews would be held and each interview would consist of approximately 30 minutes, and after each interview was completed, the candidate could leave the Council Chamber inasmuch as no action would be taken by Council on this date. 256 In conclusion, the Mayor advised that on Monday, May 15, 2000, at 2:00 p.m., or as soon thereafter as the matter may be considered, the Council will hold an election to fill the three upcoming vacancies on the Roanoke City School Board. The first person to be interviewed was F. B. Webster Day. Mr. Day referred to highlights during his first term of office as a Trustee of the Roanoke City School Board, such as the Standards of Learning, teacher salaries which are at or above the average national level, the opening of Lucy Addison Middle School, completion of a middle school renovation program that is second to none in the Commonwealth of Virginia, and strides have been made to decrease the student drop out rate. He advised that challenges include future Standards of Learning requirements, and high school renovations estimated at $79 million for Patrick Henry and William Fleming High Schools. He requested that Council support his reappointment for another three year term of office to the Roanoke City School Board. Mr. Hudson asked the following questions: QUESTION: What do you perceive to be the major strengths and the major weaknesses of the Roanoke City Public School System? ANSWER: Mr. Day responded that Roanoke's major strengths are its wide range of student challenges and referred to the Scholars Dinner in which 44 seniors from both high schools were honored for their various accomplishments; and teachers that are well prepared and receive the assistance they need to meet the requirements of the Standards of Learning and to develop professionally. In regard to weaknesses, he called attention to the gap between Roanoke's lowest performing student and its highest performing student which must be better addressed. He stated that he would like to see some of the lower performing students brought closer to the top which will be a challenge in view of the scarce amount of available resources, while not taking away from the middle and higher performing students. QUESTION: What is your assessment of teacher morale in the Roanoke City Public School System? ANSWER: Mr. Day responded that on the whole, teacher morale is good, although much anxiety has been expressed about the Standards of Learning by teachers, administrators and parents. Mr. Swain asked the following questions: QUESTION: How would you define accountability from the standpoint of the level of the School Board, the School Superintendent, School administration, teachers, students and parents? 257 ANSWER: Mr. Day responded that there is a shared responsibility by the School Board, the School Superintendent, the school administration, students, teachers and parents to educate Roanoke's students ata level that meets or exceeds minimum standards. He stated that the School Board has to be accountable to Council, the Superintendent is accountable to the School Board, and the chain of command goes down the line. He advised that much pressure has been placed on teachers because they are on the front line, but teachers, solely, cannot be held accountable; and a recent revision to the promotion and retention policy established by the School Board has set the stage for more accountability. He stated that the school system must examine areas where it is deficient and in need of improvement, parents are needed who are involved and supportive of the school system, and part of the problem in the past has been that Roanoke has a complex educational system working to educate a number of students at various levels and accountability and responsibility can get lost in the process. He added that the School Board's evaluation of the Superintendent and the School Board's self-evaluation has sent the message that the School Board wants results and will hold itself and the school system accountable if those results are not achieved. QUESTION: Are the Standards of Learning a fair way to evaluate school performance? Is it fair to tie SOL scores to teacher evaluation? ANSWER: Mr. Day responded that the Standards of Learning provide a good way to measure performance in the schools, they have forced those persons involved in education to focus on how teaching is addressed, and they have caused educators to collaborate more and for administrators within the schools to analyze data to determine where improvements are needed. He added that he would not be in favor of reviewing the performance of any one teacher in any one classroom to determine if the students passed the SOL test and using those results as a large factor in evaluating how that teacher rates, because a teachers' influence only covers a certain number of hours a day for 180 days out of a child's life in any given year. Mayor Bowers asked the following questions' QUESTION: What are your thoughts in regard to the renovations/rebuilding at Patrick Henry and William Fleming High Schools? What is your perspective regarding a swimming program for Roanoke's high schools? ANSWER: Mr. Day called attention to a planning process by the Superintendent of Schools, the goal of which is to anticipate high school programs in the foreseeable future, from advanced placement programs to the international baccalaureate program to the Governor's School, all of which have to be the driving force as to what the new facilities will look like. He stated that there should be community involvement at every level on the types of programs to be offered and the structural appearance of the schools which can be a continuing process throughout 258 the next three to four years. He called attention to the advantages of the fitness centers at Breckinridge Middle School and Woodrow Wilson Middle School which have proven to be successful. QUESTION: What is your assessment of public safety for students in the Roanoke City School system? ANSWER: Mr. Day responded that Roanoke has safe schools which is a priority of the School Board and the School Superintendent; and Roanoke City has examined crisis planning and response while encouraging responsible behavior by all students. He stated that students want safe schools and they want to be the first line of defense in reporting alleged or specific incidents. He called attention to the importance of such programs as dogs in the schools to sniff out drugs, metal detectors, use of video cameras and programs such as "Character Counts". Mr. White asked the followin;I questions: QUESTION: What have you learned over the last three years that would make you a more effective School Board member if reappointed? ANSWER: Mr. Day advised that there is a lot to be learned in a large range of activities; i.e.: curriculum, employee benefits, pay scales, evaluation and safety issues, etc., and it is a difficult task to be familiar with all aspects of operating a school system. He stated that some of his most valuable time has been spent in the individual school environments and he plans to spend more time in the schools if reappointed. He added that there are dedicated employees in the school system-- teachers, administrative staff, cafeteria workers, etc., and it has been a pleasant experience to observe the professionalism that all persons bring to the school system. QUESTION: How would you assess teacher morale? ANSWER: Mr. Day advised that it is difficult to assess teacher morale unless specific examples are given. He stated that when teachers and other employees in the school system see what can be done if everyone works together as a team, the level of morale will improve automatically. Ms. Wyatt asked the followin;I questions: QUESTION: There is a higher number of teachers taking early service retirement than ever before. Why do you think this is happening and, if reappointed to the School Board, would you be in favor of random exit polls with teachers and administrators to determine their reasons for leaving? 259 ANSWER: Mr. Day advised that he would want to know the reasons that teachers are taking advantage of early retirement, although early retirement has become more attractive due to certain state law revisions. He stated that teaching is not an easy job and with the addition of the Standards of Learning, it has become even more difficult which could be one of the reasons that teachers are not staying in the profession as long as they have traditionally in the past. Because of the rising economy, he added that another reason for early retirement could be the availability of better paying positions outside of the teaching profession. He advised that more input from teachers is needed because the more that teachers are involved, the more they will enjoy their job which will help to reverse some of the statistics relating to early service retirement. QUESTION: What are the plans of the School Board to address the shortage of teachers in the next five to eight years? ANSWER: Mr. Day advised that recruitment efforts have been broadened by visiting as many colleges and educational degree programs as possible. He stated that improvements in salaries of teachers would be a plus, and the current school budget contains an adjustment for senior teachers to provide for a six per cent pay increase. QUESTION: What is your opinion of instructions by the school administration that teachers teach the Standards of Learning test? ANSWER: Mr. Day advised that it is important to teach how to take the Standards of Learning test because many students are not familiar with the format; therefore, it is important to teach to the test in order to provide students with the best opportunity to display substance knowledge gained during the year. He stated that he would not be opposed to "teaching the test" if the teacher is, in fact, teaching the substance of material that a student needs to know in order to pass the SOL test. QUESTION: Are you aware of the pacing charts that are distributed to teachers that the curriculum deals solely with the Standards of Learning test and the time that is to be spent on the test? ANSWER: Mr. Day advised that in order to keep content in the time that is allowed, the pace is fast and furious. He stated that he would be in favor of more planning time for teachers, because the present amount of planning time may not be adequate for the vast majority of what needs to be done in connection with the Standards of Learning test. Vice-Mayor Harris asked the followinq question. QUESTION: What is your assessment of Dr. E. Wayne Harris, Superintendent of Schools? 260 ANSWER: Mr. Day advised that he appreciates the many hats that the Superintendent of Schools is required to wear such as public cheerleader, spokesperson for the School Board, educator first and foremost, good public relations skills in sometimes very tense situations, a good administrator, and the ability to relate to seven very different people who comprise the Roanoke City School Board. He stated that it takes many talents to perform the job well and Roanoke is fortunate to have a good Superintendent of Schools, who has received consistently high evaluations, and is earnest, thoughtful, and considerate in his approach to various situations. He added that Roanoke is seeing some of the fruits of Dr. Harris' efforts, such as the Standards of Learning and other achievements and he has also maintained a good working relationship with the City administration. The second person to be interviewed was Marsha W. Ellison. Ms. Ellison expressed an interest in continuing to serve on the Roanoke City School Board for another three year term, because she is a team player with a vision who is committed to the students of Roanoke City. She called attention to six years of experience on the School Board where she served in the capacity of Chairperson for three years and she would like to continue her service to follow through on several initiatives such as the Standards of Learning and the Standards of Accreditation, the promotion policy that was adopted last year, a committee which was appointed this year by the School Board to address the graduating policy, and completion of the high school renovation project. She called attention to examples of her vision as a School Board Trustee, such as a competitive employee compensation package which provides that Roanoke's average teacher salary is now just above the national average, a review of student performance and established priorities and goals, and a $51 million capital improvements project which was completed in 1999 with the renovation of seven elementary schools and four of the City's oldest middle schools. She advised that she has shown a commitment to all students and her presence is visible at individual school sites, she attends special programs and activities, and she has continued to stress the importance of parental involvement while encouraging the school administration to address and identify those areas that will help parents to become more involved in their child's education. She stated that if reappointed to the School Board, she can be counted on as a team player with a vision and a commitment to Roanoke's students. Mr. Swain asked the following questions: QUESTION: Should the Standards of Learning test scores be used as a part of the teacher evaluation process? ~ ANSWER: Ms. Ellison advised that she supports the Standards of Learning because it is a body of knowledge that all students should be able to acquire, but testing should not be the sole criterion for student graduation or teacher evaluation. 261 She called attention to a committee composed of 53 employees, 35 of whom are teachers, that has presented a new teacher assessment form to the School Board which is one of a multitude of facets on which a teacher is evaluated, and a second task assigned to the committee is a review of the pay for performance issue. She stated that her basic concern is that the testing not be the sole criterion for graduation, and the School Board is waiting for a response from the State Board of Education as to whether on line testing will be permitted which will enable students to practice and retake the Standards of Learning test. Mayor Bowers asked the following question: QUESTION: What are your thoughts in regard to renovations/reconstruction of Patrick Henry and William Fleming High Schools? Should swimming be a part of the high school athletic curriculum? ANSWER: Ms. Ellison advised that whether it be renovation or reconstruction for Roanoke's two high schools, community involvement and input is essential. She stated that the Superintendent of Schools has appointed a committee to address high school renovation/reconstruction needs and the task was divided into two parts-- programs and a facility study, and itwas the consensus of the committee that Roanoke's high schools must be program driven for the future in order to meet the needs of students today and tomorrow as the system deals with the changing demands of technology. QUESTION: What is your assessment of student safety? ANSWER: Ms. Ellison advised that Roanoke's schools are safe, with a good program of safety audits that reviews violence or intrusion upon school property, an emergency evacuation plan, and administrators carry video cameras at Patrick Henry and William Fleming High Schools. She expressed support of the school security force and student resource officers, and the Safety Committee recommended a uniform discipline curriculum, consistent enforcement of standards and expectations for student behavior, and the "Character Counts" Program received national recognition which shows students the importance and rewards of responsible behavior. She stated that all of these things have contributed to Roanoke City being proactive on safety issues. Mr. White asked the following questions: QUESTION: What have you learned during the past six years that will make you a more effective School Board Trustee if reappointed for another three year term? What is your position on school uniforms? 262 ANSWER: Ms. Ellison advised that she has acquired a wealth of knowledge over the past six years through direct experience and attendance at Virginia School Board Association Conferences and workshops. She called attention to her personal visits to the individual schools to observe, first hand, what is happening in the schools, and to communicate with school administrators, teachers and students. She stated that she has also learned the importance of involving the community in public education. Ms. Ellison advised that school uniforms will not be successful unless the concept is supported by everyone, therefore, the question should be a site based decision. She called attention to the uniform policy at Noel C. Taylor Academy which has worked effectively, but not all school sites are the same, therefore, the decision should be left up to the individual schools. Ms. Wyatt asked the following questions: QUESTION: Why do you think so many teachers are taking advantage of the early service retirement option? Would you be in favor of random exit polls with teachers and administrators to determine their reasons for leaving? ANSWER: Ms. Ellison responded that she was not aware of the trend toward early service retirement. She stated that teaching is a difficult job, although a rewarding one; the Virginia Supplemental Retirement System provides good benefits; recent legislation passed by the General Assembly provides teachers with the option to retire at age 55, and Roanoke City offers an early retirement plan for teachers which allows them to work 20 days for seven years. She added that she would favor a random exit poll to obtain teacher opinion as to their reasons for leaving the profession. QUESTION: As a School Board Member, how do you plan to address the issue of shortage of teachers over the next three to five years? ANSWER: Ms. Ellison referred to the School Board's foresight six years ago to provide competitive salaries to attract teachers from across the nation, approximately 2000 applications are currently on file, and Roanoke is not experiencing the same problems that other school systems are facing, especially northern Virginia. She added that Roanoke should look at certain creative solutions, possibly a job fair in the teacher realm, increasing recruitment efforts, early signing programs and internship programs have been successful. QUESTION: What is your opinion of instructions by the school administration that teachers teach the Standards of Learning test, pacing charts and the Flannagan test? 263 ANSWER: Ms. Ellison advised that she was not aware that school administrators were urging teachers to teach to the test. She called attention to a briefing that the School Board received some time ago regarding testmanship skills, and noted that programs are available that are quite expensive, although not all students can afford the programs; therefore, the school administration made the decision that it could teach students how to take tests which is a skill that can be useful throughout life. She stated that she is not familiar with the pacing charts, although there are charts that measure certain outcomes on the Standards of Learning; and the Flannagan tests, or practice tests, have been provided to help prepare students for the SOL tests, although some teachers believe that the Flannagan tests are confusing. She explained that pacing charts are intended to help teachers realize where they are in attaining the body of knowledge and she would favor a reexamination of the Flannagan tests to determine if there is a better instrument that would be more helpful to students. Vice-Mayor Harris asked the followin~l questions' QUESTION: What is your assessment of Superintendent E. Wayne Harris? ANSWER: Ms. Ellison advised that Dr. Harris is an outstanding School Superintendent who is renowned throughout the nation and Roanoke is fortunate to have a man of his caliber to lead its school system. She called attention to his efforts to increase accountability and noted that he has received consistently high marks during his evaluations by School Board members. Mr. Hudson asked the followinq questions: QUESTION: What do you perceive to be the major strengths and the major weaknesses of the School System? ANSWER: Ms. Ellison advised that the strength of Roanoke's school system lies with its people - students, staff and others. She stated that Roanoke has a diverse school system representing all segments of the community and to this end the school system has devised ongoing options, an example of which is the Blue Ridge Technical Academy which will be one of the first charter schools in the Commonwealth of Virginia, and as School Board Chair, she shepherded the Charter School application process through many series of workshops. She called attention to 50 distinct school programs; i.e.: magnet schools, programs in the business/ vocational technical field, programs for gifted students, music and arts programs, and the Standards of Learning but before the SOL there were benchmarks to measure accountability and student performance. 264 The third person to be interviewed was James P. Beatty. Mr. Beatty advised that he is currently Personnel Administrator for the City of Roanoke, and his work experience and educational background and training make him a viable candidate for appointment to the School Board. He stated that he is a proven recruiter, who is well versed in diversity and administration; and he has served as a teacher, coach, and counselor, and conducts workshops and performs mock interviews for the public and the Educational Technology Committee for the City of Roanoke. Also, he advised that he screens over 10,000 applications per year and in that capacity, he works with high school graduates who have no idea how to complete a job application or market themselves effectively for employment. Therefore, he stated that he would like to help by working closely with guidance counselors and assisting college bound and non-college bound students in their career choices. He advised that he wants to serve the students of Roanoke City and asked that Council give favorable consideration to his appointment as a Trustee to the Roanoke City School Board. Mr. White asked the following question: QUESTION: What are your views on school uniforms? How can parental involvement in the schools be improved? How would you approach the truancy situation? ANSWER: Mr. Beatty advised that school uniforms would be advantageous, particularly in those instances where parents cannot afford certain name brand types of clothing and would provide for a more even playing field for all students. He stated that parental involvement begins in the home where the foundation must be laid which will send a better product to the schools and give teachers the time to teach rather than to deal with behavioral problems. He advised that parental involvement would go a long way toward insuring that young people attend school on a regular basis rather than being seen in the community when school is in session. Ms. Wyatt asked the following questions: QUESTION: Many teachers are taking advantage of the early service retirement option. Why do you think this is happening and would you, as a member of the School Board, be willing to conduct random exit polls to determine their reasons for leaving? ANSWER: Mr. Beatty advised that early service retirement leaves a void in the school system because some of the more experienced teachers are retiring. He stated that the school system has made it easier for a teacher to retire with extra benefits and still earn a good living while not having to contend with the day to day 265 activities of the classroom. He added that because discipline is an issue and some educators cannot control students in a manner that is conducive to classroom learning has had an impact on their decision to retire. He referred to his experience in conducting exit interviews for the City of Roanoke and he advised that he would be willing to use that experience to determine why teachers are leaving the school system. QUESTION: Over the next three to five years there will be a teacher shortage nationwide. How would you propose to deal with the situation in Roanoke City? ANSWER: Mr. Beatty advised that his first action would be to determine the number of persons who are approaching the retirement process and then establish aggressive recruitment programs at colleges and universities and work with career placement officers to promote opportunities that are available in the Roanoke area. QUESTION: What is your opinion of the School administration urging teachers to "teach to the test", specifically the Standards of Learning test? ANSWER: Mr. Beatty expressed concern with regard to "teaching to the test" and advised that testing is only one part of the process and not an exact science. He stated that the whole child should be taught, too much emphasis is placed on tests, and if the school system starts with the basics of building a foundation on reading, writing and arithmetic, students will be able to deal with the Standards of Learning. He advised that his goal would be for the school system to graduate well rounded students because they will have to address more than tests when they go out into the real world. Vice-Mayor Harris asked the followinq question- QUESTION: What is your assessment of the performance of Superintendent E. Wayne Harris? ANSWER: Mr. Beatty advised that he has been impressed with the work of Superintendent Harris. As a School Board Member, he stated that he would evaluate Dr. Harris only after familiarizing himself with the job description, followed by an evaluation of how well he meets his job criteria, while trying to be as objective as possible. Mr. Hudson asked the following question: QUESTION: What is your position in regard to making the schools available for after school activities from approximately 3:00 p.m. until 6:00 p.m.? 266 ANSWER: Mr. Beatty advised that he would support after school programs in the schools which would provide a safe and secure environment for students until their parents get home from work in the evening. He stated that after school programs could provide a place where students could enhance not only their academic and computer skills, but enhance their recreational skills and abilities by participating in physical fitness activities on school grounds. Council Member Swain asked the following questions: QUESTION: Are the results of the Standards of Learning tests a fair way to evaluate teachers? ANSWER: Mr. Beatty advised that testing is important but he would prefer to review the validation process to insure that the test is not culturally biased and reaches out to all spectrums of the student body. He stated that teachers should not be evaluated based on the results of the Standards of Learning tests. He added that teachers need to teach not only how to take and pass a test, but also the core material that helps to make an individual ready to meet a global society that is becoming more and more technical in nature. Mayor Bowers asked the following question: QUESTION: What is your assessment of school safety? ANSWER: Mr. Beatty advised that Roanoke City is doing a good job on school safety, and the City has been proactive in addressing situations as they arise to insure school safety. He stated that school safety involves school resource officers, parental involvement, teachers and volunteers. The fourth person to be interviewed was Sherman Lea. Mr. Lea expressed appreciation for the time he has been allowed to serve on the Roanoke City School Board. He stressed the importance of the relationship between School Boards and local governing bodies and commended the good relationship that exists between Roanoke City Council and the Roanoke City School Board. He stated that he is applying for reappointment to the School Board for several reasons, but first and foremost is his concern for Roanoke's students and their education because it is important that all children get the best education possible since there is a direct correlation between the lack of education and involvement in crime, and a direct relationship between the lack of education and quality of life. He advised that as he looks at the profiles of many of the persons in the criminal justice system today, the numbers and situations bear out the fact that offenders are younger, under educated, unemployed and lack the necessary skills to be productive citizens; therefore, education is imperative. Secondly, he stated that he seeks reappointment to the School Board because of the current 267 accomplishments and progress of Roanoke's school system. He added that much has been said about discipline and during his three year tenure; the School system has made significant strides to address the issue of discipline and safety through discipline committees, video cameras on school buses, an increased number of school resource officers, the drop out retrieval program which will serve as a model for many school systems not only in the Commonwealth of Virginia but across the country, vocational skills training in which Roanoke will be one of only three charter schools to work with students on vocational areas, a GED Program, and a program to improve academic skills. Thirdly, he stated that he would like to be reappointed to the School Board because of his work ethic, and the level of confidence and trust that he has worked diligently to build with the School Board, the School administration, employees and others over the past three years. Ms. Wyatt asked the followinq questions' QUESTION: Are you aware of the number of teachers who are taking the early service retirement option? Why do you think this is happening and would you be supportive of School Board members conducting a random exit poll to determine their reasons for leaving? ANSWER: Mr. Lea advised that he would be supportive of a random exit poll to determine why teachers are leaving the school system and to learn how they feel about their experiences as a teacher. He stated that early retirement is not only an issue in Roanoke, but across the Commonwealth of Virginia and has come about, in part, due to the pressures of the job and the Standards of Learning tests. He advised that it is important to insure that every employee feels good about the school system and about the role they play and although he cannot make everyone happy, it is important that they have a voice and someone to listen to their concerns. QUESTION: In the next three to five years, there will be a shortage of teachers. What do you plan to do to address the shortage at the local level? ANSWER: Mr. Lea addressed the need to accelerate the recruiting process to continue some of the recruiting efforts already in place, such as internship programs, college and university visits, future evaluation of the process, and the salary structure. He added that first and foremost is the challenge to apprise colleges and universities of the fact that Roanoke is looking for good teachers. QUESTION: What is your opinion of the School administration urging teachers to "teach to the test", specifically the Standards of Learning tests? What is your position in regard to the pacing charts and the Flannagan test? ANSWER: Mr. Lea advised that he is not a big proponent of "teaching to the test"; however, in a situation where there is considerable pressure to improve test scores, there is a need to challenge and work with teachers in preparing students 268 for the Standards of Learning testa, although he would not want the school division to become a system of test takers. He called attention to the importance of continuing to impart those topics that will be included on the Standards of Learning tests in the classroom curriculum and the importance of teachers feeling good about what they are teaching. He stated that he is not a strong advocate of the Flannagan test, caution must be exercised in dealing with standards because everyone believes that standards should be raised but not raised to the point where a situation is created that leads to blame on the school system and shame to students, teachers and parents. Mr. Hudson asked the following question: QUESTION: What do you perceive to be the major strengths and the major weaknesses of the school system? ANSWER: Mr. Lea stated'that a major strength of Roanoke's school system is the magnet schools where there exists a commitment by students and teachers to make the programs successful, and the homework help line where teachers are willing to work with students after hours, which shows a commitment and dedication by faculty and staffto insure that students learn. He advised that a weakness is the City's student drop out rate and a better job should be done to generate community involvement in the schools. He called attention to positive programs in the middle schools, particularly recreational facilities. Mr. Swain asked the following question: QUESTION: Should the results of the Standards of Learning tests be used in teacher evaluation? ANSWER: Mr. Lea stated that he has no problem with the intention of the Standards of Learning tests in terms of raising the standard of learning, but to use the Standards of Learning as a sole criteria to either graduate or toward accreditation is wrong, and if used properly, the Standards of Learning can be beneficial in revealing where the schools rate on achievement skills. He advised that Standards of Learning should not be the sole criteria in evaluating teachers because there are other criteria that can and should be used such as commitment, dedication and self-improvement. Mayor Bowers asked the following question: QUESTION: What kind of schools should be developed for Roanoke's students over the next decade? 269 ANSWER: Mr. Lea called attention to the need for schools that are designed for future technology demands because technology will play a key role, security is a key issue in terms of creating an environment that is amenable to learning, and community involvement is essential in the development process by setting the tone for a facility that is conducive to learning. QUESTION: What is your position in regard to a swimming program for Roanoke's two high schools? ANSWER: Mr. Lea advised that swimming is a part of the extra curricula activities, therefore, swimming pools and athletic facilities that are conducive to team sports. He stated that a type of "one stop shop" is in order, or a facility where students could receive all educational amenities in addition to extra curricula activities, be they indoor or outdoor. Mayor Bowers asked the followinq question for Vice-Mayor Harris who had to leav~- the meeting due to another commitment: QUESTION: What is your assessment of the performance of Superintendent E. Wayne Harris? ANSWER: Mr. Lea advised that the City of Roanoke has a School Superintendent with a vision, who is committed to making Roanoke's school system one of the best systems in the United States, and he is candid, works hard for the school system and communicates well with the citizens of Roanoke. Mr. White asked the following questions: QUESTION: What is your position with regard to school uniforms? What can be done to address the truancy issue? ANSWER: Mr. Lea advised that school uniforms have worked well at Noel C. Taylor Academy and he would favor expanding the program to other schools if legally permissible. He called attention to the importance of administering the program City-wide and not targeting schools in certain areas of the City. He stated that Roanoke has a truancy problem, children get into trouble when they are not in school, and spoke in support of various partnerships that could address the issue. Council Member Swain asked the followinq question: QUESTION: What is your opinion of the use of dogs in the schools to sniffout drugs? 270 ANSWER: Mr. Lea advised that the program has worked well, dogs are used on a regular basis in the middle schools and the high schools, there was a certain amount of controversy when the program was first initiated, but it is now accepted as part of the safety feature to free Roanoke's schools of drugs. The fifth person to be interviewed was Gloria P. Manns. Ms. Manns advised that she is an applicant to the Roanoke City School Board out of her interest in emphasizing mental health needs, because every child is entitled to the best and highest standard of education. She further advised that after visiting many of Roanoke's schools, she was impressed with the tone and environment of the schools and the professionalism of staff. She stated that delivery of information will not take place if the student is experiencing mental or emotional problems or domestic violence, and school violence can no longer be ignored because many incidents could be avoided if teachers were better prepared to recognize mental health issues. She called attention to the importance of insuring that the school system is making use of all available resources and collaborating effectively with other agencies to provide the best education for all students. She advised that the City's six per cent drop out rate and truancy rate are directly related to violence and disruption in the home which also causes Iow test scores and/or academic performance, and once the whole student is addressed, the Standard of Learning tests and other standardized test scores will improve along with student participation in school activities and less disruption in the classroom. She expressed concern with regard to the number of students who are medicated as the result of inadequate or incomplete diagnoses because every child who is listless, inattentive and disruptive does not have an attention deficit disorder or hyperactivity. She advised that better and more effective communication with parents is important so as to be in compliance with city and school mission statements. She emphasized the importance of athletics in academics which is important in the growth and development of children, especially in the pre-adolescent age; however, athletics should be viewed as a means to an end that should ultimately be a high school or college diploma leading to employment and becoming a productive citizen. She stated that as a School Board member, she would not waste taxpayer dollars, but if the City is to maintain good administrators, teachers and classified employees, it must remain cognizant of fiscal needs in conjunction with hiring practices, audio visual equipment, technology needs and upgrades, technological training, and continuing education. She advised that she is at a point in her professional career where she has the freedom to create her own schedule, she has the energy, concern and commitment that will allow her to give the necessary time to learn how to become an effective School Board member, and a desire to do the best job that she is capable of doing. Mayor Bowers asked the following question: 271 QUESTION: The School Board is about to embark upon a major renovation project at William Fleming and Patrick Henry High Schools. What do we need to be mindful of as we renovate/reconstruct the two facilities? ANSWER: Ms. Manns advised that school facilities must be fully accessible to the disabled and the School Board and school administration must listen to what teachers, parents and students have to say about what is needed. She stated that much information can be acquired by listening to those persons who use the facilities on a daily basis. Mayor Bowers asked the following question on behalf of Vice-Mayor Harris' QUESTION: What is your assessment of Superintendent E. Wayne Harris? ANSWER: Ms. Manns advised that Dr. Harris seems to be open and personable and he appears to be approachable which is an important attribute in a school administrator. Mr. White asked the following question: QUESTION: What is your position on school uniforms? How would you propose to increase parental involvement in the schools? What measures can be taken to address the truancy problem? ANSWER: Ms. Manns advised that school uniforms have worked well at Noel C. Taylor Academy. She stated that the issue of material possessions has gotten out of hand and there have been problems in the schools as a result of the way that a child dresses; therefore, a uniform code would create a kind of calming environment, and she would be in favor of school uniforms at all school levels. She called attention to the importance of approaching parents in a positive manner which will lead to more parental involvement. With regard to the issue of truancy, she stated that parents can be ordered to send their children to school and the court system should be advised by the school system if there are existing problems. She explained that some children do not attend school because of disruption in the family life, such as abuse in the home, or the need to care for a parent, etc. Ms. Wyatt asked the following questions' QUESITON: Many teachers are choosing to take early service retirement. Would you as a School Board member be willing to conduct random exit polls to determine their reasons for leaving? 272 ANSWER: Ms. Manns advised that teachers appear to be under a lot of pressure with the Standards of Learning tests and some teachers are at an age where they can go into other professions. She stated that she would favor random exit polls to determine why teachers are choosing early retirement which would also help in recruiting efforts. QUESTION: In the next three to five years, there will be a shortage of teachers across the nation. What would you do as a School Board member to address the issue? ANSWER: Ms. Manns advised that recruitment is paramount and should be handled aggressively. Since Roanoke has approximately 61 different ethnic groups, she added that this should be considered in recruitment efforts which means that some things may need to be handled differently than in the past. QUESTION: What is your opinion of the school system urging teachers to "teach to the test", specifically the Standards of Learning test? ANSWER: Ms. Manns advised that if a teacher is going to be judged as an employee according to the test scores of students and if the teacher wants to continue his or her employment, the teacher will do what they have to do to keep their job. She stated that the teacher is placed in a difficult position because if they want to keep their job, they have to "teach to the test", although it is not in the best interest of the students because they are required to take more tests than just the Standards of Learning tests. Mr. Hudson asked the followin;I question: QUESTION: What do you perceive to be the major strengths and the major weaknesses of the Roanoke City School System? ANSWER: Ms. Manns advised that Roanoke has excellent programs such as the vocational education program, but the school system could do a better job in educating citizens on what the Roanoke City School system has to offer, and there appears to be a major problem in communicating with parents. She stated that Roanoke City has numerous school services and programs that meet the needs of a very diverse student population. Council Member Swain asked the followin;I questions: QUESTION: Are you of the opinion that the Standards of Learning tests are fair? Is it fair to evaluate teacher performance and school performance on the results of the Standards of Learning test? 273 ANSWER: Ms. Manns advised that the Standards of Learning tests should not be used solely in evaluating teachers or schools. She called attention to some students who do not test well, and, in addition to standardized tests, classroom grades, student ability and student energy levels should be considered. The last person to be interviewed was William E. Skeen. Mr. Skeen advised that Roanoke enjoys one of the finest school systems in the country, and, under the leadership of City Council, the School Board and Superintendent Harris, Roanoke is fortunate to have up-to-date facilities with educators who are committed, focused and happy in their jobs. He stated that the Roanoke School system is a national leader in implementing the "Character Counts" program and its dramatic effect in preparing students for their future role as citizens. He advised that after visiting with Superintendent Harris, he discovered that his thoughts about the future of Roanoke's school system parallel many of the strategic directions already established by Dr. Harris and the School Board. He stated that he wishes to continue to build on the traditions of excellence that the Roanoke City School system enjoys today and his business experience, non-profit affiliation, education and board-related experiences will enable him to become a contributing member of the School Board. He further stated that as the parent of three teenage boys attending the Roanoke City Public School system, he understands the challenges and pressures that students face; as the Business Director of Total Action Against Poverty, which operates a major alternative education program, he understands first hand the difficulties that some children and teenagers experience in completing their education program; and as the husband of an educator, he understands the challenges that administrators and teachers must face in working with limited staff, resources and budgets. He advised that as a 15 year teaching professional on the adjunct faculty at Virginia Western Community College, he understands those things that challenge, motivate and stimulate students toward higher education, and with 20 years of local banking, finance and management experience, he has a good understanding of what the community wants and needs in tomorrow's employees. He noted that he has served as both a member and leader on numerous city, local, human service and business related boards and his experience in finance, budget, and policy management would be an asset to the school system and would enable him to bring a variety of skills and experiences which can help to lead Roanoke's schools into the next century. If appointed to the School Board, he committed himself to work hard to continue the tradition of excellence and offered his assistance to help implement several initiatives such as planning, leadership and funding efforts to renovate both Patrick Henry and William Fleming High Schools, to educate and involve parents in their role as the primary motivator in their child's educational success, and to support an increased investment in ongoing teacher education and training, and technological updates. He stated that teachers need an ongoing investment in their careers and the resources to reach children who will live and work in a technology-based society; there is a need to continue the enhancement of volunteer support from the business 274 community to augment classroom learning and model the emerging "Character Counts" program; and there needs to be a more aggressive partnership with the business community to recruit volunteers who can bring the real world into the classroom and mentor students who need positive role models. He added that there is a need to recruit, hire, and retain the best teachers and administrators since many of Roanoke's experienced educators are approaching retirement, there is a need to insure that new teachers receive professional mentors and support so that they can do their jobs effectively, and there is a need for educators to be compensated for the time they devote to the profession with a salary scale that is both competitive and fair. He advised that if appointed to the School Board, he will listen carefully, study hard and work cooperatively to become a contributing member, and he will be an advocate for meeting the educational needs of all children, regardless of their social or economic backgrounds. The Mayor asked the following question on behalf of Vice-Mayor Harris: QUESTION: What is your assessment of Superintendent E. Wayne Harris? ANSWER: Mr. Skeen advised that Superintendent Harris is a visionary; since coming to the school system in 1993, he has advertised and promoted the Roanoke School system as the number one school system in the district, he has lent himself to and involved himself in the community, and he is accessible and listens closely to what citizens have to say. He stated that Dr. Harris is a natural leader, who sets direction, creates expectation and is moving the students of the City of Roanoke in the direction they need to go in order to find meaningful jobs in the 21st century. Council Member Hudson asked the following questions: QUESTION: What is your position in regard to opening schools from 3:00 p.m. to 6:00 p.m. for supervised use by children? ANSWER: Mr. Skeen advised that an extended day program would benefltthe community, while providing children with a place to go where they could exercise, study and have access to computers. Council Member Swain asked the following question: QUESTION: Are the Standards of Learning tests fair? Should test results be used to rate the performance of a school and to evaluate teacher performance? ANSWER: Mr. Skeen advised that the Standards of Learning tests are important steps for accountability; however, he would not be in favor of evaluating a teacher based upon test scores. He stated that no individual person, or teacher, or school is the sole source of student success, instead that success is attributed to a combination effort. 275 Council Member Wyatt asked the following questions: QUESTION: A number of teachers are electing to take early service retirement. Why do you think this is happening and would you, as a School Board member, be willing to conduct random exit polls to verify their reasons for leaving the school system? ANSWER: Mr. Skeen advised that the School Board, working in conjunction with the school administration, will have to address the matter and devise various programs and ideas on how to attract and retain the most qualified persons, and as efforts move forward, they must be innovative, especially in regard to education and career development planning. He added that exit interviews provide a valuable piece of information because a teacher leaving the system will provide confidential information that will help to provide a different perspective. QUESTION: What is your opnion of the school administration urging teachers to "teach to the test," specifically the Standards of Learning tests? ANSWER: Mr. Skeen advised that, unfortunately, "teaching to the test" must be done. He stated that there is a core amount of information that everyone who graduates from high school should know, however, he is concerned that special programming may be sacrificed to some extent. He further stated that as the Standards of Learning tests evolve and as tests become more standardized, they will become more efficient, thusly allowing more free time to go back to other programs that provide for a more well rounded student. Mr. White asked the following question- QUESTION: What is your position with regard to school uniforms? Howwould you as a School Board member increase parental involvement in the schools? ANSWER: Mr. Skeen advised that there are pros and cons to school uniforms. He stated that uniforms would take away some of the social class stigma of the "haves" and the "have nots"; however, this country was built around the diversity of the people, and school uniforms could place a financial burden on some Iow income families who may wish to use alternative sources to clothe their children. Although it seems to be a popular idea, he advised that he could not personally support school uniforms, he would prefer to establish certain school standards, and encouraged that the pros and cons of the issue be closely reviewed. With regard to parental involvement in the schools, he stated that parents are the core and because both parents work or have more than one job in many families, it is difficult for them to be involved in the schools. He called attention to the importance of talking with parent-teacher organizations in the schools to encourage parental involvement because if parents are excited about what is going on in the schools, they will become more involved in the education of their children. 276 The Mayor asked the following question: QUESTION: What is your assessment of school safety? ANSWER: Mr. Skeen advised thatschools in Roanoke are safe, although thers are times when the news media may tend to over report on a particular situation. He stated that Roanoke City has a strong plan in place, along with a contingency plan, and Roanoke City does a good job to insure school safety. QUESTION: What kind of programmatic issues or educational opportunities would you bring to the forefront in terms of the renovation of Roanoke's two high schools spanning the next decade and beyond? ANSWER: Mr. Skeen called attention to the importance of public input, along with input from businesses, civic leaders, students, teachers, and administrators as to what they would envision for the next decade. He stated that the person who knows the job best is the person who does the job and that is the teacher who will provide a great source of information on design and programmatic issues. He added that there is an opportunity to get ready for the electronic age and if it is necessary to spend additional funds on certain levels of technology, that should be incorporated into the program. He called attention to the need to listen closely and to react in order to have a product that is both flexible and meets the needs of today and the future. All interviews having been concluded and there being no further business, the Mayor declared the meeting adjourned at 7:50 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Mayor REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL May 1, 2000 12:15 p.m. The Council of the City of Roanoke met in regular session on Monday, May 1, 2000, at 12:15 p.m., the regular meeting hour, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor David A. Bowers presiding, pursuant to Rule 1, Reqular Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. 277 ACTION: PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain, William White, Sr., Linda F. Wyatt, C. Nelson Harris and Mayor David A. Bowers .............. 6. ABSENT: None ...................................................................................... 0. (Council Member James O. Trout passed away on April 25, 2000, and the appointment of a person to fill the unexpired term is pending.) OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. CITY CLERK-REAL ESTATE VALUATION-MUNICIPAL AUDITOR-COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss personnel matters, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, being the performance evaluation of the City Clerk, Director of Finance and Municipal Auditor, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris moved that Council concur in the request of the Mayor to convene in a Closed Meeting to discuss personnel matters, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Harris and Mayor Bowers ......................................................................................... 6. NAYS: None ......................................................................................... 0. At 12:20 p.m., the Mayor declared the meeting in recess. 278 At 1:45 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. ACTION: COUNCIL: With respect to the Closed Meeting just concluded, Mr. Hudson moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Me. Wyatt and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, and Mayor Bowers--5. NAYS: None ......................................................................................... O. (Vice-Mayor Harris left the meeting during the Closed Session.) At 1:47 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., on Monday, May 1, 2000, the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding. PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain, William White, Sr., Linda F. Wyatt, C. Nelson Harris (arrived at 2:40 p.m.) and Mayor David A. Bowers .......................................................................................................... 6. ABSENT: None .................................................................................. 0. (Council Member James O. Trout passed away on April 25, 2000, and the appointment of a person to fill the unexpired term is pending.) OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Sr., Assistant City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. 279 COUNCIL-DECEASED PERSONS: Mr. Hudson offered the following resolution memorializing the late James O. Trout, Councilman, civic leader, and friend, who passed away on April 25, 2000: ACTION: (#34768-050100) A RESOLUTION memorializing the late James O. Trout, Councilman, civic leader, friend. (For full text of Resolution, see Resolution Book No. 63, page 4.) Mr. Hudson moved the adoption of Resolution No. 34768-050100. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, and Mayor Bowers ....................................................................... 5. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent.) PUBLIC INFORMATION OFFICER: The City Manager introduced Christopher L. Slone, Public Information Officer, who assumed his new position on April 27, 2000. 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 one request for a Closed Meeting to discuss personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) 280 ACTION: ACTION: Mr. White moved that Council concur in the request of the Mayor to convene in a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, and Mayor Bowers ....................................................................... 5. NAYS: None ...................................................................... 0. (Vice-Mayor Harris was absent.) RAIL SERVICE: A communication from Mayor David A. Bowers transmitting information with regard to the TransDominion Express project, which will bring passenger rail service back to Roanoke, was before Council. It was advised that the TransDominion Express was funded with $9.3 million by the recent session of the Virginia General Assembly, which represents about half of the estimated $20 million cost to get the project underway; the TransDominion Express would run from Bristol to Lynchburg, with stops in Abingdon, Pulaski, Radford, Christiansburg, Roanoke and Bedford; initial funding will be used to improve rail tracks along the route owned and operated by Norfolk Southern, with the remaining $10 million to be used to purchase or lease modern, high-speed inter-city trains; it is expected that the first decade of passenger rail service in this part of Virginia will have to be subsidized by the Commonwealth of Virginia; and this "state service railroad" is similar to the Charlotte-Raleigh operation in North Carolina. The Mayor further advised that he will continue to work on the National Mayors' Advisory Council for Amtrak seeking to extend the national passenger service through Roanoke; and the Presidents of Radford University and Virginia Tech have expressed strong support for the development of passenger rail service which will provide another transportation option for the thousands of college students in the New River Valley. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that the communication be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: 281 AYES: Council Members Hudson, Swain, White, Wyatt, and Mayor Bowers ....................................................................................... 5. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent.) REGIONAL CHAMBER OF COMMERCE: A communication from Mayor David A. Bowers transmitting correspondence from John T. Avis, Vice-President, Avis Construction Co. Inc.; Edwin C. Hall, President, Hall Associates, Inc.; James B. Lee, Director, Brown, Edwards & Co., L. L. P. and Robert C. Lawson, Jr., President, Roanoke Crestar in support of the City of Roanoke/Roanoke Regional Chamber of Commerce Community Business Development Initiative, was before Council: The Mayor advised that the above referenced letters indicate that the CBDI's funding was cut by 70 per cent during the CDBG budget review process; this continues to be a very important undertaking by the Chamber of Commerce and the City, especially for small businesses in the area; and accordingly, he requested that the matter be referred to 2000-01 budget study for further consideration by Council. ACTION: (For full text, see communications on file in the City Clerk's Office.) Mr. White moved that the communication be referred to 2000-01 budget study. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................................... 5. NAYS: None ....................................................................... 0. (Vice-Mayor Member Harris was absent.) COMMITTEES-ZONING: A communication from Louise M. Williams tendering her resignation as a member of the Board of Zoning Appeals, effective immediately, was before Council. (For full text, see communication on file in the City Clerk's Office.) 282 ACTION: Mr. White moved that the communication be received and filed, and that the resignation be accepted. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................................... 5. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent.) REGULAR AGENDA At this point, Vice-Mayor Harris entered the meeting. HEARING OF CITIZENS UPON PUBLIC MATTERS: HIGHER EDUCATION CENTER: Senator John S. Edwards, Chairperson, Roanoke Higher Education Authority, expressed appreciation to the City for its support of the Roanoke Higher Education Center. He stated that the City has contributed $2.5 million to the project and has committed to build a $5 million parking garage off Shenandoah Avenue next to the Higher Education Center and to spend approximately $3 million on infrastructure improvements in the area all of which are extremely important to the success of the project. He added that the Higher Education Center project is on schedule, with a proposed completion date of August 15, with 16 institutions and approximately 1200 students to begin using the facility in late August or early September, 2000. He introduced Dr. Thomas McKeon, Executive Director, Roanoke Higher Education Center, to present a status report on the project. Dr. McKeon advised that the project demonstrates the vision of Council in a number of major areas from economic development, to education, to quality of life. He expressed appreciation to the City Manager and to City staff for working with the Higher Education Authority on a complicated project that required a great deal of cooperation. He explained that there are 16 participating institutions, including eight private and five public colleges and universities, and two work force development programs, along with the involvement of the Roanoke City Public Schools. He advised that Roanoke's is the first center of its kind in the country that combines not only the finest in higher education, but also workforce development and public schools and the synergy created by a facility of this nature in this location will speak well for the City of Roanoke and serve as a major force in 283 economic development for the entire region. He stated that in approximately two weeks, infrastructure parking, sidewalks and landscaping in and around the Higher Education Center will be complete and at its next meeting, Council will receive a proposal for completing a portion of the infrastructure immediately surrounding the Higher Education Center. He presented each member of Council with a copy of the capital budget. Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., raised questions on behalf of residents of Gilmer and Patton Avenues, N. E., as well as other sections of Gainsboro in regard to parking issues. She suggested that residents who live in the area of the Higher Education Center be provided with residential parking permits to enable them to park in front of their homes. She inquired about hours of operation of the Higher Education Center, how will parking issues be addressed for those persons who live in the area, and how will security issues be addressed. The Mayor requested that the City Manager and staff of the Roanoke Higher Education Center meet with Ms. Bethel and residents of the area to discuss their concerns. Council Member Wyatt requested a summary of items included in the professional services budget of the Higher Education Center. Council Member White requested that the City Manager arrange for a tour of the Higher Education Center for the Members of Council. Without objection by Council, the Mayor advised that the remarks would be received and filed. PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: CITY PROPERTY-RAILSlDE LINEAR WALK: The City Manager submitted a written report advising that property located adjacent to the tracks of Norfolk Southern Railway Company between Second Street and South Jefferson Street was acquired by the City from the Norfolk 284 ACTION: Southern Railway Company for development of the Railside Linear Park; pursuant to Resolution No. 34741-040300, Council authorized the recordation of a plat dedicating most of this area as public right-of-way; the resolution also created residual parcels behind each of the properties on Warehouse Row and these residual parcels are not needed by the City and may be disposed of as surplus property. It was further advised that City policy requires surplus property to be advertised and sold to the highest bidder if property can be used to construct a separate structure; however, if property is unsuitable for construction of a separate structure, as is the case with the parcels of land in question, the property may be offered to an adjacent property owner; the property is not needed by the City and may be conveyed to the adjacent landowner at no cost to the landowner; the parcels are of no use to anyone other than the adjacent landowner; and the City would be relieved of the cost of continued maintenance of the property. The City Manager recommended that Council authorize advertisement of a public hearing and, lacking any comments to the contrary, grant the City Manager authority to convey the parcels by quitclaim deed, to the adjacent landowner, in a form to be approved by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that Council concur in the recommendation of the City Manager. The motion was seconded by Mr. Hudson and unanimously adopted. OCCUPATIONAL NURSE: The City Manager submitted a written report advising that in March 1995, Council authorized a contract for part time physician services for the City's Occupational Health Clinic to provide public safety physicals, fitness for duty evaluation, employee sick calls and treatment of injuries; and the initial contract period will expire on June 30, 2000. It was further advised that after due and proper advertisement, one proposal was received for the required services from Dr. Darrell F. Powledge, MD, MPH, who is the current service provider; negotiations were conducted and an agreement was reached with Dr. Powledge to provide the required services at a cost of $117.50 per hour, which is the current hourly rate for Dr. Powledge, for approximately six hours per week; and funds to provide the service are included in the fiscal year 2001 recommended budget for Occupational Health, Account No. 001- 002-1263-2107. ACTION: 285 The City Manager recommended that she be authorized to enter into a contract, in a form to be approved by the City Attorney, for part- time physician services with Dr. Darrell F. Powledge, MD, MPH, for a period of one year, with an option to renew for four additional one year periods at a cost of $117.50 per hour. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following resolution: (#34769-050100) A RESOLUTION authorizing the City Manager to enter into a contract with Dr. Darrell F. Powledge, MD, MPH, to provide part-time physician services to the City of Roanoke for a period of one (1) year, with the option to renew for four (4) additional one (1) year periods. (For full text of Resolution, see Resolution Book No. 63, page 5.) Mr. Hudson moved the adoption of Resolution No. 34769-050100. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Harris and Mayor Bowers ....................................................................... 5. NAYS: None ....................................................................... 0. (Council Member Wyatt was out of the Council Chamber.) CHURCH AVENUE PARKING GARAGE-CENTURY STATION PARKING GARAGE-TOWER PARKING GARAGE-WILLIAMSON ROAD PARKING GARAGE-MARKET SQUARE PARKING GARAGE: The City Manager submitted a written report advising that the current parking rates for certain city owned or controlled downtown parking facilities consisting of Century Station Parking Garage, Church Avenue Parking Garage, Market Square Parking Garage, Tower Parking Garage, Williamson Road Parking Garage, Williamson Road Parking Lot and Viaduct Parking Lot were established by Resolution No. 33192-120296 adopted on December 2, 1996; operating expenses for the facilities continue to rise each year (3.2 per cent in the current fiscal year), and because the garages and lots are currently near capacity, there is little revenue increase anticipated due to the inability to increase the number of parking patrons; and in addition, AIIright Roanoke Parking, Inc., operator of City parking facilities, has proposed an amendment to the current management and operation services contract to include 286 ACTION: additional services requested by the City which will enhance customer service and improve garage appearance for persons who park in the facilities. The City Manager recommended that Council approve an increase in parking rates as set forth in Attachment A to the report, which will generate an additional $178,000.00 in revenue during fiscal year 2000-01, and amend the Fee Compendium to increase parking rates for the Century Station Parking Garage, Church Avenue Parking Garage, Market Square Parking Garage, Tower Parking Garage, Williamson Road Parking Garage, Williamson Road Parking Lot and Viaduct Parking Lot; and that the City Manager be authorized to modify or waive parking fees and impose a $5.00 late fee for any payments received more than seven calendar days after such fees are due. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following resolution: (#34770-050100) A RESOLUTION providing for an amendment of the fees charged at Century Station Parking Garage, Church Avenue Parking Garage, Market Square Parking Garage, Tower Parking Garage, Williamson Road Parking Garage, Williamson Road Parking Lot, and Viaduct Parking Lot; and directing amendment of the Fee Compendium. (For full text of Resolution, see Resolution Book No. 63, page 6.) Mr. Swain moved the adoption of Resolution No. 34770-050100. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Harris and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. ALLRIGHT ROANOKE PARKING, INC.: The City Manager submitted a written report advising that on July 28, 1997, the City of Roanoke entered into a five-year contract for management and operations services with AIIright Roanoke Parking, Inc. (AIIright) to operate the City's downtown parking facilities which consist of the Church Avenue Parking Garage, Market Square Parking Garage, Century Station Parking Garage, Tower Parking Garage, Williamson Road Parking Garage, Williamson Road Parking Lot and the Viaduct Parking Lot, effective August 1, 1997; the City is currently in the third 287 year of the five-year contract; and two issues regarding the above referenced parking facilities will require an amendment to the existing contract between the City and AIIright Roanoke Parking, Inc., as follows: in connection with removal of the Hunter Viaduct, there was a reduction in parking spaces available on the parking lot underneath known as the Viaduct Parking Lot; because of the reduction in available spaces, beginning in July 1998, AIIright voluntarily agreed to reduce its management fee by $16,505.37 through July 31, 2000, and it was anticipated that the lot would be back in full service no later than that date; however, in February 2000, the lot became fully available again, although it was anticipated that the lot would not be fully available until August 2000, when it again would have the number of available spaces reduced; because the lot is not anticipated to be permanently returned to full service, it would be appropriate to remove that portion of the management fee covering unavailable spaces from the management and operations contract, and enter into a temporary month-to-month management agreement with AIIright for operation of approximately 94 temporarily available spaces ending in approximately in August 2000; the month-to-month agreement as more fully summarized in the report. In an effort to improve maintenance and cleanliness of the remaining parking facilities, and to raise the level of customer service received by citizens, as requested by the City, AIIright has proposed the hiring of additional maintenance staff, upgrading uniforms worn by personnel to make them more identifiable, and improving the wage structure of employees to stabilize the workforce, as set forth in AIIright's proposal dated March 30, 2000; and additional services will require an increase in the fee currently charged by AIIright to the City for management and operations services, effective July 1, 2000, at an additional cost for the first year of $42,995.16, with a 2.97 per cent increase for the next year. The City Manager recommended that she be authorized to enter into an amendment to the contract between the City of Roanoke and AIIright Roanoke Parking, Inc., dated July 28, 1997, adjusting the fee to coincide with the number of available spaces, enter into a month to month agreement with AIIright for operation of the temporarily available spaces at the Viaduct Parking Lot until on or about August 15, 2000, or longer if needed, and adjust annual fees to compensate for additional services requested by the City, as more fully set forth in the report, in a form to be approved by the City Attorney. (For full text, see report on file in the City Clerk's Office.) 288 ACTION: Mr. Swain offered the following emergency ordinance: (#34771-050100) AN ORDINANCE authorizing an amendment to the contract for management and operation services between the City of Roanoke and AIIright Roanoke Parking, Inc. (AIIright), regarding certain parking facilities, dated July 28, 1997; authorizing a temporary agreement with AIIright for the management and operation of the Viaduct Parking Lot; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 10.) Mr. Swain moved the adoption of Ordinance No. 34771-050100. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Harris and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager submitted a written report advising that the Help Eliminate Auto Theft (H.E.A.T.) grant program of the Commonwealth of Virginia Department of State Police provides funds for auto theft enforcement initiatives; the City of Roanoke has been awarded $2,899.00 in H.E.A.T. funds for the period March 1, 2000 to February 28, 2001; there is no local match for these grant funds; H.E.A.T. funds will be used for the purchase of 100 anti-auto theft devices to be distributed at no charge to citizens at a minimum of four public events and at a minimum of 25 neighborhood watch groups or civic group meetings; and grant funds also provide for the purchase of anti-auto theft publications to be disseminated at these same events and meetings. The City Manager recommended that Council appropriate $2,899.00 to the following grant fund account: Project Supplies 035-050-3319-2066 $2,899.00 Increase revenue estimate in an account to be established by the Director of Finance. (For full text, see report on file in the City Clerk's Office.) ACTION: 289 Mr. Hudson offered the following emergency budget ordinance: (#34772-050100) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 12.) Mr. Hudson moved the adoption of Ordinance No. 34772-050100. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Harris and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. U. S. S. ROANOKE: The City Manager submitted a written report advising that at least 52 American ships have carried the name "Roanoke", including four United States Navy vessels between 1854 and 1995; the first two naval vessels were named after the Roanoke River, and the two most recent "Roanokes" were named for the City of Roanoke. It was further advised that the History Museum of Western Virginia is dedicating a new exhibit called Ships and Shipmates of the Roanoke Valley on May 12, 2000, with special guest, United States Senator John Warner; the History Museum has requested that the City seek Senator Warner's assistance in the naming of a future ship after the City of Roanoke which would provide an excellent opportunity to market a unique part of Roanoke's history in partnership with the History Museum of Western Virginia; Roanoke is home to hundreds of Navy veterans and other veterans, and is located close to the Salem Veterans Administration Medical Center; Roanoke has always had a proud heritage of recognizing its military heroes and promoting the City around the world; and Roanoke is a five-time Ali-America City and it is appropriate that a fifth United States Navy vessel be named after the City of Roanoke at this time. The City Manager recommended that Council adopted a resolution requesting that United States Senator John W. Warner assist the City of Roanoke in securing its name on a Navy ship. (For full text, see report on file in the City Clerk's Office.) 290 ACTION: Mr. Swain offered the following resolution: (#34773-050100) A RESOLUTION expressing support for the naming of a United States Navy vessel after the City of Roanoke. (For full text of Resolution, see Resolution Book No. 63, page 13.) Mr. Swain moved the adoption of Resolution No. 34773-050100. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Harris and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... O. CITY ATTORNEY: CITY CODE-CITY MANAGER-CITY GOVERNMENT-CITY EMPLOYEES: The City Attorney submitted a written report transmitting an ordinance amending various sections of the City Code in order to make Code sections consistent with the reorganization recently effected by the City Manager; in most cases, it is advisable to make the changes in the City Code so as to avoid confusion as to who is responsible for certain City operations; and every affected City Code section has not been amended, only in those instances where it appears that there might be confusion. The City Attorney also transmitted a resolution reestablishing membership of the Roanoke Interagency Council, which action is also necessary because of reorganization. The City Attorney recommended that Council adopt an ordinance which has been reviewed by the City Manager's Office and a resolution reestablishing the membership of the Roanoke Interagency Council. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency ordinance: (#34774-050100) AN ORDINANCE amending and reordaining certain provisions of the Code of the City of Roanoke (1979), as amended, by amending subsection (f) of §2-37, Office hours, work weeks and holidays; subsection (d) of §2-45, Leave of absence for educational purposes; subsection (g) of §2-54, Paid leave; §2-58, ACTION: 291 Definitions; §2-61.1, City manager to promulgate grievance procedure; §2-62, Establishment and composition of department of personnel management; §2-63, Appointment and control of manager of personnel; manager to serve free from restraint, interference or coercion by other employees, boards, etc.; subsections (a) and (b) §2-64, General powers and duties of manager of personnel mana.qement; §2-67, Promotions in classified service; §2-68, Classification plan; subsection (b) of §2-69, Pay plan; §2-87, Technical and clerical assistance,-; §2-89, Kee=ing of records; subsections (d) and (e) §14-16, Placement for collection generally, §17-1, Local board of public welfare designatea; §17-14, Definition; §17-15, Created; composition; §17-18, Selection and term of chairman; designation of secretary; subsection (a)§17-20, Functions, powers and duties; subsection (a) §20-121, Removal of inoperative vehicles; §20-123, Appeals; §24-24, General responsibilities of manager; §24-25, Fidelity bonds for certain persdnnel; §24-26, Rates for use and terms; subsections (a) and (b) of §24-27, Special revolving bank checking account for receipt-~; §24-28, Refund of receipts from advance ticket sales; §24-29, Authority of manager, assistant manager and box office manaqer to cash checks; subsection (a) of §24-30, Record of and settlement of accounts for rental even~; subsection (a) of§24-31, City-sponsored events; subsection (c) of §24-90, Charges for private use of recreation buildings or facilitie-~; subsection (b) of §26- 66, Penalty for violations; deleting references to certain directors and directorates, establishing new names for certain departments, and establishing newtitles for certain City officials and updating references to enabling legislation in the State Code, where applicable, with regard to the City's grievance procedure; and by the repeal of §17-2, Rules and regulations for operation of city home, all in order to provide for reorganization of certain city departments and functions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 15.) Mr. Hudson moved the adoption of Ordinance No. 34774-050100. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Harris and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. 292 ACTION: Mr. Hudson offered the following resolution: (#34775-050100) A RESOLUTION re-establishing the membership of the Roanoke Interagency Council. (For full text of Resolution, see Resolution Book No. 63, page 29.) Mr. Hudson moved the adoption of Resolution No. 34775-050100. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Harris and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. DIRECTOR OF FINANCE: BUDGET-JUVENILE CORRECTIONAL FACILITIES: The Director of Finance submitted a written report advising that the Roanoke Valley Detention Commission (the Commission) was established by the Cities of Roanoke and Salem, and the Counties of Botetourt, Franklin and Roanoke; the Commission was created to remove and construct an addition to the existing City Detention Center to increase the rated capacity to an 81 bed facility and to equip, maintain and operate the Center; and Council appointed Glenn D. Radcliffe, Director of Human Development, and Jesse A. Hall, Deputy Director of Finance, as the City's representatives to the Commission. It was further advised that the Commission agreed to purchase the Detention Center real property and equipment, but allow the City of Roanoke to continue to administer and operate the facility until phase I, or 58 beds, of the renovation is completed; the Director of Finance was appointed by Council to serve as the temporary fiscal agent for the Commission; Phase I of the facility is scheduled to open in mid to late May, 2000; the City will continue to be the fiscal agent and provide accounting, payroll, retirement, and certain purchasing and personnel services for an annual fee of $45,000.00; the Commission is responsible for establishing a daily per diem rate for services provided to fund operating expenses; the Commission adopted an operating budget for the remainder of fiscal year 2000 and an operating budget for fiscal year 2001, which budgets and the per diem rate for services provided are for Council's information per the service agreement; and the budgets need to be appropriated within the City's accounting system in order for the City to properly administer accounting services. ACTION: 293 The Director of Finance recommended that Council adopt two measures appropriating the Commission's operating budget for the remainder of fiscal year 2000 and for fiscal year 2001. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#34776-050100) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Roanoke Valley Detention Commission Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 30.) Mr. Harris moved the adoption of Ordinance No. 34776-050100. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Hudson, Swain, White, Wyatt, Harris and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. Mr. Harris offered the following emergency budget ordinance: (#34777-050100) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Roanoke Valley Detention Commission Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 33.) Mr. Harris moved the adoption of Ordinance No. 34777-050100. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Harris and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the City of Roanoke for the month of March, 2000. (For full text, see Financial Report on file in the City Clerk's Office.) 294 ACTION: ACTION: Without objection by Council, the Mayor advised that the Financial Report for the month of March would be received and filed. REPORTS OF COMMITTEES: BUDGET-SEWERS AND STORM DRAINS: Council Member Carroll E. Swain, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for construction of the Clara Avenue and Knollwood Road culvert replacement and Deyerle Road Storm Drain Project. It was advised that significant drainage problems have existed for many years along Murdock Creek, which is located in the Greater Deyerle Neighborhood; the project will replace the undersized street culverts on Clara Avenue and Knollwood Road and construct a storm drainage system along Deyerle Road near Valentine Avenue; and the project also represents downstream improvements which will allow future improvements on Chesterton Street where several houses are routinely flooded. The Bid Committee recommended that Council authorize the City Manager to enter into a contractual agreement with Aaron J. Conner, General Contractor, Inc., in the amount of $573,301.90 and 150 consecutive calendar days for completion of the work, with a ten per cent project contingency of $57,000.00; and adopt a budget ordinance transferring the necessary funds. The City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#34778-050100) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 35.) Mr. Swain moved the adoption of Ordinance No. 34778-050100. The motion was seconded by Mr. Hudson and adopted by the following vote: ACTION: 295 AYES: Council Members Hudson, Swain, White, Wyatt, Harris and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. Mr. Swain offered the following emergency ordinance: (#34779-050100) AN ORDINANCE accepting the bid of Aaron J. Conner, General Contractor, Inc., for replacing the undersized street culverts on Clara Avenue and Knollwood Road, constructing a storm drain system along Deyerle Road near Valentine Avenue, and downstream improvements which will allow the future improvements on Chesterton Street, upon certain terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 36.) Mr. Swain moved the adoption of Ordinance No. 34779-050100. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Harris and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: FIRE DEPARTMENT: Ordinance No. 34758, authorizing an amendment to a contract entered into by and between the City of Roanoke and Betty M. Branch dated September 10, 1999, whereby the artist may create three additional castings of a certain statue to be created, having previously been before the Council for its first reading on Monday, April 17, 2000, read and adopted on its first reading and laid over, was again before the body, Mr. Harris offering the following for its second reading and final adoption: 296 ACTION: ACTION: (#34758-050100) AN ORDINANCE authorizing an amendment to a contract entered into by and between the City of Roanoke and Betty M. Branch dated September 10, 1999, whereby the artist may create three additional castings of the statue to be created. (For full text of Ordinance, see Ordinance Book No. 63, page 1.) Mr. Harris moved the adoption of Ordinance No. 34758-050100. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Harris and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. ZONING: Ordinance No. 34765, rezoning certain tracts of land located on the west side of Hollins Road, N. E., May Street and Pearl Avenue, identified as Official Tax Nos. 3140612, 3140613, 3140614, 3140615, 3140620, 3140621, 3140622, 3140623, 3140303, 3140305, 3140306 and 3140301, from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, subject to the proffers contained in the First Amended Petition filed in the City Clerk's Office on January 20, 2000, having previously been before the Council for its first reading on Monday, April 17, 2000, read and adopted on its first reading and laid over, was again before the body, Mr. Harris offering the following for its second reading and final adoption: (#34765-050100) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 314, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 63, page 1.) Mr. Harris moved the adoption of Ordinance No. 34765-050100. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Harris and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. ACTION: 297 ZONING: Ordinance No. 34766, rezoning two adjoining tracts of land located at 1031 Patterson Avenue, S. W., identified as Official Tax Nos. 1112009 and 1112010, from LM, Light Manufacturing District, to C-2, General Commercial District, subject to the proffers contained in the First Amended Petition filed in the City Clerk's Office on March 16, 2000, having previously been before the Council for its first reading on Monday, April 17, 2000, read and adopted on its first reading and laid over, was again before the body, Mr. Harris offering the following for its second reading and final adoption: (#34766-050100) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 111, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 63, page 3.) Mr. Harris moved the adoption of Ordinance No. 34766-050100. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Hudson, Swain, White, Wyatt, Harris and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. COUNCIL-YOUTH: Mr. Harris offered the following resolution changing the time and place of commencement of the regular meeting of City Council scheduled to be held at 12:15 p.m., on Monday, May 15, 2000, from the City Council Chamber to 12:00 noon in the Roanoke Ballroom at the Hotel Roanoke and Conference Center, 110 Shenandoah Avenue, N. W.: (#34780-050100) A RESOLUTION changing the time and place of commencement of the regular meeting of City Council scheduled to be held at 12:15 p.m., on Monday, May 15, 2000. (For full text of Resolution, see Resolution Book No. 63, page 37.) Mr. Harris moved the adoption of Resolution No. 34780-050100. The motion was seconded by Mr. Hudson and adopted by the following vote: 298 ACTION: AYES: Council Members Hudson, Swain, White, Wyatt, Harris and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: CITY PROPERTY-STREETS AND ALLEYS: Council Member Swain suggested that an update be included on the City Page of The Roanoke Times in regard to the status of asphalt and concrete applications on City property. CITY ATTORNEY-COUNCIL: Mr. Harris moved that Council convene in a Closed Meeting to consider the performance evaluation of the City Attorney, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Harris and Mayor Bowers ....................................................................... 6. NAYS: None ...................................................................... 0. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 2:30 p.m., the Mayor declared the meeting in recess. At 4:15 p.m., the meeting reconvened in the City Council Chamber, with Mayor Bowers presiding and all Members of the Council in attendance, with the exception of Vice-Mayor Harris who left the meeting during the Closed Session. COUNCIL: With respect to the Closed Meeting just concluded, Mr. Swain moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Hudson and adopted by the following vote: 299 AYES: Council Members Hudson, Swain, White, Wyatt, and Mayor Bowers ....................................................................... 5. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent.) OATHS OF OFFICE-COMMITTEES-ZONING: The Mayor advised that there is a vacancy on the Board of Zoning Appeals created by the resignation of Louise Williams, and called for nominations to fill the vacancy. Mr. Hudson placed in nomination the name of Clay Grogan. There being no further nominations, Mr. Grogan was appointed as a member of the Board of Zoning Appeals, for a term ending December 31, 2000, by the following vote: ACTION: FOR MR. GROGAN: Council Members Hudson, Swain, White, Wyatt and Mayor Bowers .............................................................. 5. (Vice-Mayor Harris was absent.) There being no further business, the Mayor declared the meeting adjourned at 4:17 p.m. APPROVED ATTEST: ~_/,~ Mary F. Parker avid A Bowers City Clerk Mayor 300 SPECIAL SESSION .... ROANOKE CITY COUNCIL May 1, 2000 7:00 p.m. The Council of the City of Roanoke met in special session on Monday, May 1, 2000, at 7:00 p.m., in the Exhibit Hall, Roanoke Civic Center, 710 Williamson Road, N. E., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Resolution No. 34762-041700 adopted on April 17, 2000. PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers ......................................... 5. ABSENT: Vice-Mayor C. Nelson Harris ...................................................... 1. (Council Member James O. Trout passed away on April 25, 2000, and Council has not appointed a person to fill the unexpired term ending June 30, 2000.) OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Deputy City Manager; James D. Grisso, Director of Finance; William M. Hackworth, City Attorney; and Sandra H. Eakin, Deputy City Clerk. The invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. BUDGET-GRANTS-TAXES: The Mayoradvised thatthe purpose of the meeting is to hold a public hearing to receive comments from citizens with regard to the recommended 2000-01 City budget and the recommended HUD Consolidated Plan budget, and the real estate tax rate for the fiscal year 2000-01. Notices of the public hearings were published in The Roanoke Times on April 18, 2000 and April 21, 2000. (See publisher's affidavits on file in the City Clerk's Office.) The Mayor further advised that the City Manager has recommended a balanced fiscal year 2000-01 General Fund budget totaling more than $184 million, with no proposed tax increases; the recommended budget serves as the City's "strategic resource guidebook" as Roanoke strives to become a community of excellence for all people who live, work and visit the area; and the proposed budget has been built upon the following objectives: 301 Creation of a more efficient, accessible municipal government; Enhancement of the education system; Improvement of services to neighborhoods; Expanded communication with citizens; and Maintenance of the City's financial stability and integrity. The Mayor stated that in the new millennium, Roanoke will be a more efficient, accessible municipal government with improved performance in all areas from education to economic development; and Roanoke will embrace technological advances, provide more seamless services to citizens and strengthen initiatives and programs for neighborhoods. He added that the goal is to make Roanoke a place where people choose to live; and to coordinate service delivery and reduce bureaucratic red tape, Roanoke will undergo a restructuring, with the number of departments reporting to the City Manager to be reduced from 43 to 15, departments will be grouped together toward common themes, such as organizational support, operations, and community development to promote shared ownership of problems and solutions. The Mayor advised that the Finance Department has projected available revenue for fiscal year 2000-01 at $184,052,468.00, an increase of $7.6 million, or 4.33 per cent more than the revenue estimate for fiscal year 1999-2000; and highlights of the fiscal year 2000-01 budget are as follows: $44.5 million of local funds for the Roanoke City Public Schools, an increase of $1.8 million over fiscal year 1999-00. Enhanced economic development efforts which are crucial to the future of Roanoke. Improved services to neighborhoods. Enhanced communication with citizens; and an enhanced employee compensation package. He further advised that also submitted in the proposed budget is the annual $4.3 million HUD Entitlement budget, with recommended expenditures, as follows: Community Development Homeless/Human Services Planning/Administration $ 3,692,308.00 $ 368,463.00 $ 320,995.00 302 The Mayor inquired if there were persons present who would like to be heard; whereupon, the following persons addressed Council. Wanda Wingo, representing the Roanoke City Retired Teachers Association, expressed appreciation for recent efforts in bring the salaries of City school teachers in line with the national average; however, pensions of retired teachers and administrators continue to remain below the national average. She referred to House Bill 1844 which went into effect in July 1999, that provides retired teachers and administrators who taught for 15 years or more with a monthly health insurance credit of $2.50 for each year they taught, with a cap of $75.00. She explained that local governing bodies may elect to give retired teachers an additional monthly health insurance supplement of $1.00 for each year they taught in the Commonwealth of Virginia, with a cap of $30.00. She added that if these two benefits were combined, retirees would be provided with health insurance comparable to that of other state employees. She explained that according to records of the Virginia Retirement System, 500 retired teachers and administrators in Roanoke City are eligible for this health insurance credit, although based on years of service, not all of the 500 would be eligible to receive the full $30.00. She advised that it would cost the City of Roanoke less than $200,000.00 to extend this benefit to Roanoke City retired educators and noted that the City of Salem, Botetourt County, Craig County, and Bedford and Campbell Counties currently provide this benefit to their retired educators. On behalf of Roanoke City retired teachers and administrators, she requested that Council seriously consider allocating funds for this purpose. Ms. Delores Rorrer, representing Roanoke City Retired Teachers, addressed Council in support of the remarks of Ms. Wingo. Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools, presented information on how previous budgets have benefitted the school system, in turn allowing the schools to prepare Roanoke's students for future success. He explained that school budgets over the past five years have focused on improvement and expansion of classroom services for students, an emphasis has been placed on increased teacher salaries, reducing primary grade size, increasing the number of pre-school classes and enhancing teacher classroom skills, all of which have resulted in significant improvement in the readiness of students for school and increased the ability of teachers to achieve sustained growth in the student's academic performance. He stated that the School Board's General Fund budget request for fiscal year 2000-01 totals $102 million, which represents an increase of almost $5 million over the current school year budget. He explained that City funds comprise 46 per cent of the total school revenue and represents an increase of 3.5 per cent over fiscal year 1999-00, City revenue estimates include approximately $205,000.00 to support locally funded pre-school programs, which is an initiative that is intended to serve young persons three to four years old to prepare them for kindergarten. He added that data reveals that 82 per cent of young people who have 303 completed the program read at or above grade level; therefore, on behalf of the School Board, he expressed appreciation to Council for its continued support of early childhood development programs. Dr. Harris advised that the $5 million increase in revenue will be used to fund the following school priorities: maintenance of educational services at a cost of $1.2 million, employee salary raises at a cost of $2.2 million, and educational program enhancement at a cost of $1.4 million. He called attention to measures that have been taken over the past five years which have led to a savings of $1.5 million that was returned to the budget. He added that the proposed budget includes a salary increase of six per cent for teachers with more than 28 years of service, administrators and teachers will receive an average salary increase of 3.3 per cent, and classified employees will receive an average increase of 3.65 per cent. Dr. Harris explained that specific educational enhancements will occur as a result of the proposed budget, the School Board's priority to implement state incentive programs and local educational incentives that directly contribute to improvements in student performance will cost $1.4 million and include expansion of teacher professional development by extension of the annual contracts of 150 teachers by five days to enable those teachers to become masters in working with the Standards of Learning, the number of teaching positions will be increased by five to match the state incentive for additional teaching positions, and three of the positions will be added to the English as a Second Language Program. He advised that since 1992, as a result of funds provided by the City of Roanoke and the Commonwealth of Virginia, 165 teaching positions have been added which allows for the quality of education provided throughout the City's 29 schools and five special programs. He stated that local magnetschool programs at three schools will be revitalized with additional supplies, equipment and in service training for teachers, and instructional techniques will be enhanced through the addition of three technology specialists to assist with training and repair work. He emphasized that over the last five years, approximately $15 million has either been spent or encumbered to insure that Roanoke's schools, teachers and students have the latest in technology equipment. He advised that school safety will be emphasized through the use of two high school resource officers and the upgrade of high school security staff, and library media centers at selected schools will be open during the late afternoon and evening hours to better serve the community. He further advised that the school budget includes $200,000.00 as an addition to the School Board's debt service reserve, which now totals almost $600,000.00, the objective of which is to accumulate a reserve of $1.6 million for 2005 to finance the school system's share of the cost of upgrading Roanoke's two high schools, at an estimated cost of $78 million, with improvements at Patrick Henry scheduled to start in 2004 and improvements at William Fleming to start in 2006. 304 On behalf of the School Board, Dr. Harris expressed appreciation for Council's past support and advised that the Roanoke City School Board looks forward to approval of the proposed 2000-01 budget. Elizabeth Doughty, President, Roanoke Regional Chamber of Commerce, advised that the proposed 2000-01 City budget demonstrates leadership and, on behalf of the Chamber of Commerce, she expressed support for programs and plans that will help Roanoke, its citizens and its employees to come closer to fulfilling their potential. She stated that the Chamber of Commerce is particularly supportive of additional funding for education, support of the Roanoke Higher Education Center, a proposed bond issue for economic development, and pay raises for City employees to help reduce the turn over in key positions while helping to attract talented people for City jobs. Ms. Doughty called attention to an area where there is an opportunity for greater commitment or leadership, the Community Business Development Initiative (CBDI), which is a program that the Regional Chamber of Commerce houses in cooperation with the Roanoke Regional Small Business Development Center. She advised that since October 1998, CBDI has offered a program to assist in the starting of new businesses and growing small businesses in Roanoke's inner City, which program relies on Community Development Block Grant funds from the City. She expressed concern that for fiscal year 2000-01, funding was proposed to be reduced by 70 per cent during the CDBG review process. She explained that the CBDI is in its first full year of operation and to have funding cut when the program is just getting started makes the work completed to date wasted. She advised that the program has limited its expenditure of funds to essentials for the rest of this budget year to allow for carry over of funds to the next year, but this money will not allow the program to operate at current levels, much less allow the program to mature and to meet the demands for the kind of technological assistance that will help to revitalize the inner city business district. Ms. Doughty explained that the Roanoke Regional Chamber of Commerce is requesting a minimum of $125,000.00 to keep the Community Business Development Initiative moving forward, funds will be leveraged with private funds and the Chamber of Commerce will contribute in-kind support through rent free office space and assistance by the Small Business Center. She encouraged that Council study the funding request of CBDI and demonstrate leadership by committing to the project through funding at a minimum of $125.000.00. Ms. Leslie Tramuel, owner of Designs by Leslie, Flowers and Gifts, appeared before Council in support of increased funding for the Community Business Development Initiative which has assisted her and other small businesses in the areas of marketing, business planning and bookkeeping. 305 Ms. Kay Hale, Executive Director, West End Center, expressed appreciation for those funds that are earmarked for the facility expansion capital project of the West End Center. She commended the City Manager on her recommendation to remove certain administrative funds from the Community Development Block Grant budget to enable the funds to be used for community development purposes. No other persons wishing to be heard, the public hearing on the proposed fiscal year 2000-01 City budget and HUD Consolidated Plan budget was concluded. The Mayor advised that the second public hearing addresses the 2000-01 real estate tax rate. He further advised that the proposed fiscal year 2000-01 budget includes no increase in the real estate tax rate, which is currently $1.21 per $100.00 of assessed value; the real estate tax is the single largest revenue source of the City; Roanoke has maintained a relatively strong real estate market; increased property values and new construction support a projected increase of 3.93 per cent in current year real estate taxes; and growth in real estate, personal property and sales taxes accounts for 67 per cent of new revenues anticipated in the fiscal year 2000-01 budget. The Mayor inquired if there were persons in attendance who would like to address the City's real estate tax rate, to which there was no response. There being no further business, the Mayor declared the special meeting adjourned at 8:05 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 306 ACTION: PERSONNEL COMMITTEE ............ ROANOKE CITY COUNCIL May 5, 2000 10:30 a.m. A meeting of the Roanoke City Council Personnel Committee, composed of the Members of the Roanoke City Council, was called to order on Friday, May 5, 2000, at 10:30 a.m., in the Emergency Operations Center Conference Room, 215 Church Avenue, S. W., City of Roanoke, with Chairperson David A. Bowers presiding. PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers ................... 6. ABSENT: None .................................................................................... 0. (Council Member James O. Trout passed away on April 25, 2000, and the appointment of a person to fill the unexpired term is pending.) OFFICERS PRESENT: Mary F. Parker, City Clerk. COUNCIL-CITY CLERK-CITY MANAGER-DIRECTOR OF FINANCE-CITY ATTORNEY-MUNICIPAL AUDITOR-REAL ESTATE VALUATION: Mr. Harris moved that the City Council Personnel Committee meet in Closed Meeting to discuss performance evaluations of the Director of Finance and the City Manager and to discuss annual salaries of the Council Appointed Officers, pursuant to Section 2.1- 344 (A)(1), Code of Virginia, (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Swain, White, Wyatt and Mayor Bowers ....... 5. NAYS: None ......................................................................................... 0. (Council Member Hudson was out of the Conference room.) At 10:37 a.m., the Chairperson declared the meeting in recess. At 12:30 p.m., the meeting reconvened in the Emergency Operations Center Conference Room, with all Members of the City Council Personnel Committee in attendance. COUNCIL: With respect to the Closed Meeting just concluded, Mr. Swain moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such 307 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. Hudson and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, White, Wyatt, and Mayor Bowers .......................................................................................................... 6. NAYS: None ......................................................................................... 0. There being no further business, the Chairperson declared the meeting adjourned at 12:32 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 308 SPECIAL MEETING ...... ROANOKE CITY COUNCIL May 9,2000 3:00 p.m. The Council of the City of Roanoke met in special session on Tuesday, May 9, 2000, at 3:00 p.m., in the City Council Chamber, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor David A. Bowers presiding, pursuant to Section 10, Meetings of Council of the Roanoke City Charter, and Resolution No. 34763-041700, adopted by the Council on Monday, April 17, 2000. PRESENT: Council Members Carroll E. Swain, William White, Sr., Linda F. Wyatt, C. Nelson Harris, W. Alvin Hudson, Jr., and Mayor David A. Bowers ........... 6. ABSENT: None ...................................................................................... 0. (Council Member James O. Trout passed away on April 25, 2000, and the appointment of a person to fill the unexpired term is pending.) OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Sr., Assistant City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. The Mayor referred to an article in the May 9, 2000 edition of The Roanoke Times entitled "Roanoke Proves Great Place to Live", and requested that the City Manager obtain more information regarding the case study prepared by Andrew Schiller, a doctoral student at Clark University in Worchester, Massachusetts. BUDGET: The Mayor advised that the purpose of the special meeting is to adopt the fiscal year 2000-2001 City operating budget and other related matters, pursuant to Resolution No. 34763-041700, adopted by Council at its regular meeting on Monday, April 17, 2000, as follows: May 16,2000 309 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Vice-Mayor Harris and Members of Council: Pursuant to §10, Meetings of Council of the Charter of the City of Roanoke, I am calling a Special Meeting of City Council to be held at 10:00 a.m., on Wednesday, May 17, 2000, in the City Council Chamber, for the purpose of a Closed Meeting to discuss acquisition of real property for public purposes, pursuant to §2.1-344.A.3, Code of Virginia (1950), as amended, and to meet thereafter in open session to take certain actions relating thereto. Sincerely, DAB:MFP:ec David A. Bowers Mayor cc: The Honorable Ralph K. Smith, Mayor-Elect The Honorable William H. Carder, Vice-Mayor-Elect The Honorable William D. Bestpitch, Council Member-Elect Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Robert H. Bird, Municipal Auditor Willard N. Claytor, Director, Real Estate Valuation BUDGET: The Director of Finance submitted a certificate advising that funds required for the 1999-00 General Fund, Water Fund, Sewage Treatment Fund, Civic Center Fund, Transportation Fund, City Information Systems Fund, Materials Control Fund, Management Services Fund, Fleet Management Fund, Risk Management Fund, School Fund, and Grant Fund budgets will be available for appropriation. (For full text, see certificate on file in the City Clerk's Office.) 310 ACTION: ACTION: ACTION: Without objection by Council, the Mayor advised that the certificate would be received and filed. BUDGET: Mr. Harris offered the following emergency ordinance adopting the annual General Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001, in the total amount of $184,052,468.00: (#34781-050900) AN ORDINANCE adopting the annual General Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 38.) Mr. Harris moved the adoption of Ordinance No. 34781-050900. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. BUDGET-WATER RESOURCES: Mr. Hudson offered the following emergency ordinance adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001, in the total amount of $13,165,971.00: (#34782-050900) AN ORDINANCE adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 42.) Mr. Hudson moved the adoption of Ordinance No. 34782-050900. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. ACTION: 311 SEWERS AND STORM DRAINS-BUDGET: Mr. Swain offered the following emergency ordinance adopting the annual Sewage Treatment Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001, in the total amount of $10,681,945.00: (#34783-050900) AN ORDINANCE adopting the annual Sewage Treatment Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 43.) Mr. Swain moved the adoption of Ordinance No. 34783-050900. The motion was seconded by Mr. White and adopted by the following vote: ACTION: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. BUDGET-ROANOKE CIVIC CENTER: Mr. White offered the following emergency ordinance adopting the annual Civic Center Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001, in the total amount of $4,016,563.00: (#34784-050900) AN ORDINANCE adopting the annual Civic Center Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 45.) Mr. White moved the adoption of Ordinance No. 34784-050900. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. 312 ACTION: ACTION: BUDGET-TRANSPORTATION FUND: Ms. Wyatt offered the following emergency ordinance adopting the annual Transportation Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001, in the total amount of $2,806,324.00: (#34785-050900) AN ORDINANCE adopting the annual Transportation Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 46.) Ms. Wyatt moved the adoption of Ordinance No. 34785-050900. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. BUDGET-CITY INFORMATION SYSTEMS: Mr. Harris offered the following emergency ordinance adopting the annual Department of Technology Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001, in the total amount of $4,135,212.00: (#34786-050900) AN ORDINANCE adopting the annual Department of Technology Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 47.) Mr. Harris moved the adoption of Ordinance No. 34786-050900. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. ACTION' 313 GENERAL SERVICES-BUDGET: Mr. Hudson offered the following emergency ordinance adopting the annual Materials Control Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001, in the total amount of $133,533.00: (#34787-050900) AN ORDINANCE adopting the annual Materials Control Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 48.) Mr. Hudson moved the adoption of Ordinance No. 34787-050900. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. BUDGET-MANAGEMENT AND BUDGET: Mr. Swain offered the following emergency ordinance adopting the annual Management Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001, in the total amount of $126,180.00: (#34788-050900) AN ORDINANCE adopting the annual Management Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 50.) Mr. Swain moved the adoption of Ordinance No. 34788-050900. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. 314 ACTION: ACTION: BUDGET-FLEET MAINTENANCE FUND: Mr. White offered the following emergency ordinance adopting the annual Fleet Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001, in the total amount of $5,068,141.00: (#34789-050900) AN ORDINANCE adopting the annual Fleet Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 51.) Mr. White moved the adoption of Ordinance No. 34789-050900. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. BUDGET-RISK MANAGEMENT FUND: Ms. Wyatt offered the following emergency ordinance adopting the annual Risk Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001, in the total amount of $10,008,893.00: (#34790-050900) AN ORDINANCE adopting the annual Risk Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 52.) Ms. Wyatt moved the adoption of Ordinance No. 34790-050900. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. ACTION: 315 BUDGET-SCHOOLS: Mr. Harris offered the following emergency ordinance adopting the annual School Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001, in the total amount of $97,469,696.00: (#34791-050900) AN ORDINANCE adopting the annual School Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 53.) Mr. Harris moved the adoption of Ordinance No. 34791-050900. The motion was seconded by Mr. Hudson and adopted by the following vote: ACTION: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. BUDGET-SCHOOLS: Mr. Hudson offered the following emergency ordinance adopting the annual School Food Service Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001, in the total amount of $4,517,015.00: (#34792-050900) AN ORDINANCE adopting the annual School Food Service Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 55.) Mr. Hudson moved the adoption of Ordinance No. 34792-050900. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. ! 316 ACTION: BUDGET-GRANTS: Mr. Swain offered the following emergency ordinance adopting a portion of the annual Grant Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001, in the total amount of $398,137.00: (#34793-050900) AN ORDINANCE adopting a portion of the annual Grant Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 56.) Mr. Swain moved the adoption of Ordinance No. 34793-050900. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. PAY PLAN-BUDGET-CITY EMPLOYEES: Mr. White offered the following emergency ordinance adopting and establishing a Pay Plan for officers and employees of the City, effective July 1, 2000; providing for certain salary adjustments and merit increase; authorizing annual salary increments for certain officers and employees for use of private motor vehicles; authorizing annual salary increments for sworn police officers assigned to the Criminal Investigation Division; authorizing annual salary increments for certain members of the Fire-Emergency Medical Services Department who are certified as Emergency Medical Technicians; authorizing annual salary increments for certain members of the Fire-Emergency Medical Services Department who are members of the Regional Hazardous Materials Response Team; providing for continuation of a police career enhancement program; providing for continuation of a FirefighterlEmergency Medical Technician merit pay program; and repealing Ordinance No. 34277-051199, adopted May 11, 1999, to the extent of any inconsistency: (#34794-050900) AN ORDINANCE to adopt and establish a Pay Plan for officers and employees of the City, effective July 1, 2000; providing for certain salary adjustments and merit increases; authorizing annual salary increments for certain officers and employees for use of private motor vehicles; authorizing annual salary increments for sworn police officers assigned to the Criminal Investigation Division; authorizing annual salary increments for certain members of ACTION' 317 the Fire-Emergency Medical Services Department who are certified as Emergency Medical Technicians; authorizing annual salary increments for certain members of the Fire-Emergency Medical Services Department who are members of the Regional Hazardous Materials Response Team; providing for continuation of a police career enhancement program; providing for continuation of a Fireflghter/Emergency Medical Technician merit pay program; repealing Ordinance No. 34277-051199, adopted May 11, 1999, to the extent of any inconsistency; and providing for an emergency and effective date. (For full text of Ordinance, see Ordinance Book No. 63, page 57.) Mr. White moved the adoption of Ordinance No. 34794-050900. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. DIRECTOR OF FINANCE-CITY CLERK-BUDGET-REAL ESTATE VALUATION-MUNICIPAL AUDITOR: Ms. Wyatt offered the following emergency ordinance establishing compensation for the City Manager, City Attorney, Director of Finance, Director of Real Estate Valuation, Municipal Auditor and City Clerk for the fiscal year beginning July 1, 2000: ACTION: (#34795-050900) AN ORDINANCE establishing compensation for the City Manager, City Attorney, Director of Finance, Director of Real Estate Valuation, Municipal Auditor and City Clerk for the fiscal year beginning July 1, 2000; and providing for an emergency and an effective date. (For full text of Ordinance, see Ordinance Book No. 63, page 62.) Ms. Wyatt moved the adoption of Ordinance No. 34795-050900. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. 318 ACTION: BUDGET-PENSIONS: Mr. Harris offered the following emergency ordinance providing for certain supplemental benefits under the City of Roanoke Pension Plan to certain members of such Plan and certain of their surviving spouses, excluding certain members of such Plan, to provide that any retiree who retired on or before July 1, 1999, who at any time during their membership in the plan received two years of creditable service for any one year employed, and whose annual retirement benefit exceeds $50,000.00, should not be eligible to receive a cost of living increase: (#34796-050900) AN ORDINANCE providing for certain supplemental benefits under the City of Roanoke Pension Plan to certain members of such Plan and certain of their surviving spouses, excluding certain members of such Plan; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 64.) Mr. Harris moved the adoption of Ordinance No. 34796-050900. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. BUDGET-CITY EMPLOYEES-PENSIONS: Mr. Hudson offered the following resolution relating to payment of a matching contribution of not less than five dollars nor more than twenty dollars to the International City Management Association Retirement Corporation Deferred Compensation Plan on behalf of any nontemporary employee of the City who makes a contribution of an equal amount on his or her own behalf to such Plan; and repealing Resolution No. 34280-051199, adopted May 11, 1999: (#34797-050900) A RESOLUTION relating to payment of a matching contribution of not less than five dollars nor more than twenty dollars to the International City Management Association Retirement Corporation Deferred Compensation Plan on behalf of any nontemporary employee of the City who makes a contribution of an equal amount on his or her own behalf to such Plan; and repealing Resolution No. 34280-051199, adopted May 11, 1999. (For full text of Resolution, see Resolution Book No. 63, page 66.) 319 ACTION: Mr. Hudson moved the adoption of Resolution No. 34797-050900. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. BUDGET-HOUSING/AUTHORITY-COMMUNITY PLANNING- GRANTS: The City Manager submitted a written report advising that the United States Department of Housing and Urban Development requires that entitlement localities such as the City of Roanoke submit a five year Consolidated Plan, with annual updates, in order to receive Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funding. It was further advised that the current five year Consolidated Plan for the City of Roanoke will expire on June 30, 2000; the draft five year Consolidated Plan was made available for pubic review and comment for the 30 day period beginning April 11, 2000; opportunities for citizen input were provided at public hearings held on October 26, 1999, January 13, 2000, March 30, 2000, and May 1, 2000; and the five year Consolidated Plan must be received by HUD on May 15, 2000, in order for the City's fiscal year to begin on July 1, 2000. It was noted that funding for fiscal year 2000-01 would be available from the following sources: New HUD Entitlements Estimated Program Income Estimated Carry-over $ 2,830,000.00 40O,000.00 1,156,762.00 Subtotal Estimated Leveraged Funds $ 4,386,766.00 $33,460,279.00 Total Estimated Budget $37,847,045.00 The City Manager advised that as requested during budget study sessions, the Roanoke Regional Chamber of Commerce Community Business Development Initiative program funding recommendation has been increased from $55,340.00 to $105,000.00; and, in addition, approximately $20,000.00 in carry-over funds i$ anticipated to remain as of June 30, 2000, providing a total project amount of $125,000.00 for fiscal year 2000-01. 320 ACTION: The City Manager recommended that she be authorized to submit an approved five year Consolidated Plan to HUD for review and approval, provided there are no compelling objections to the Consolidated Plan. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following resolution authorizing the City Manager to submit an approved 5-Year Consolidated Plan to the United States Department of Housing and Urban Development (HUD) for review and approval, and authorizing execution of the appropriate documents for acceptance of such funding: (#34798-050900) A RESOLUTION authorizing the City Manager to submit an approved 5-Year Consolidated Plan to the United States Department of Housing and Urban Development (HUD) for review and approval, and authorizing the execution of the appropriate documents for the acceptance of such funding. (For full text of Resolution, see Resolution Book No. 63, page 67.) Mr. Swain moved the adoption of Resolution No. 34798-050900. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. BUDGET-CITY EMPLOYEES-PENSIONS: Mr. White offered the following emergency ordinance adding a new Section 22.1-5.1, Retirement supplement, to Chapter 22.1, Pensions and Retirement, of the Code of the City of Roanoke (1979), as amended; repealing Resolution No. 33845-051898, adopted May 18, 1998, and providing for an effective date: (#34799-050900) AN ORDINANCE adding a new §22.1-5.1, Retirement supplement, to Chapter 22.1, Pensions and Retirement, of the Code of the City of Roanoke (1979), as amended; repealing Resolution No. 33845-051898, adopted May 18, 1998; providing for an effective date; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 68.) ACTION: 321 Mr. White moved the adoption of Ordinance No. 34799-050900. The motion was seconded by Ms. Wyatt and adopted by the following vote: ACTION: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ........................................................................ 0. (For further discussion, see page 322) BUDGET-CITY SHERIFF-CITY EMPLOYEES-PENSIONS: Ms. Wyatt offered the following resolution amending Paragraph I of Resolution No. 34138-010499, providing for payment of a monetary supplement to certain officers and employees of the City of Roanoke Sheriff's Department who retire prior to attaining age sixty-five: (#34800-050900) A RESOLUTION amending Paragraph 1 of Resolution No. 34138-010499, providing for payment of a monetary supplement to certain officers and employees of the City of Roanoke Sheriff's Department who retire prior to attaining age sixty-five. (For full text of Resolution, see Resolution Book No. 63, page 69.) Ms. Wyatt moved the adoption of Resolution No. 34800-050900. The motion was seconded by Mr. Harris. 322 In regard to the previous agenda item, Ms. Wyatt requested a clarification by the City Manager; whereupon, the City Manager advised that the ordinance does not increase the amount paid for the health insurance supplement for City retirees, nor does it add dental insurance, both of which are items that the Council requested additional information. She further advised that the ordinance moves expenses for current City retirees, who receive the $159.00 supplement per month, to the City's Pension Plan, and Resolution No. 34800- 050900, which is the item currently under consideration, will continue the $159.00 payment per month to the four currently retired Sheriff's employees and other employees of the Sheriff's Department who retire on or before June 30, 2000, and will enable those employees to continue to receive the $159.00 supplement from the City's General Fund. Ms. Wyatt advised that itwas her understanding that no changes were approved by Council during fiscal year 2000-01 budget study with regard to the $159.00 supplement and expressed opposition to the above referenced measures; whereupon, she requested that she be permitted to change her yes vote on Ordinance No. 34799-050900 to a no vote. The Mayor inquired if any member of Council objected to allowing Ms. Wyatt to change her vote; whereupon, Mr. White expressed an objection. Ms. Wyatt moved that Ordinance No. 34799-050900 be reconsidered. The motion was seconded by Mr. Harris and lost, Council Members Hudson, White and Swain voting no. Ms. Wyatt requested that the record reflect that it is her considered opinion that the action taken by Council in adopting Ordinance No. 34799-050900 and Resolution No. 34800-050900 was not what she agreed to during fiscal year 2000-01 budget study deliberations. Resolution No. 34800-050900 was adopted by the following vote: AYES: Council Members Swain, White, Harris, Hudson and Mayor Bowers ....................................................................... 5. NAYS: Council Member Wyatt .............................................. 1. ACTION: 323 TAXES-BUDGET-REAL ESTATE VALUATION: Mr. Harris offered the following emergency ordinance amending and reordaining Section 32-86, Financial eli._qibility, Code of the City of Roanoke (1979), as amended, by adding a new subsection (f) increasing from $27,000.00 to $30,000.00 the total combined annual income threshold and increasing from $80,000.00 to $100,000.00 the net combined financial worth threshold for qualification for real estate tax exemption for elderly and disabled persons for the tax year commencing July 1, 2001; and amending current subsection (f) of Section 32-86, Financial eligibility, to redesignate such subsection as subsection (g): (#34801-050900) AN ORDINANCE amending and reordaining §32- 86, Financial eligibility_, Code of the City of Roanoke (1979), as amended, by adding a new subsection (f) increasing from $27,000.00 to $30,000.00 the total combined annual income threshold and increasing from $80,000.00 to $100,000.00 the net combined financial worth threshold for qualification for real estate tax exemption for elderly and disabled persons for the tax year commencing July 1, 2001; amending current subsection (f) of §32-86, Financial eli.qibility, to redesignate such subsection as subsection (g); and providing for an emergency and an effective date. (For full text of Ordinance, see Ordinance Book No. 63, page 70.) Mr. Harris moved the adoption of Ordinance No. 34801-050900. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. COUNCIL-DECEASED PERSONS: The Mayor pointed out that due to the death of Council Member James O. Trout on April 25, 2000, the City Attorney has advised the Members of Council that an election to fill the unexpired term of Mr. Trout must take place within 30 days of the vacancy. He stated that since Council will hold one regular meeting prior to May 25th, he would suggest that Council fill the vacancy at its May 15, 2000 meeting. Following discussion, it was the consensus of Council that the question of filling the vacancy of Council Member James O. Trout, deceased, for a term ending June 30, 2000, will be scheduled for the 2:00 p.m. session of Council on Monday, May 15, 2000. 324 The Mayor advised that Council invites suggestions by citizens regarding persons to fill the unexpired term of Council Member James O. Trout, ending June 30, 2000, by forwarding their remarks to the Mayor's Office or to the City Clerk's Office. There being no further business, the Mayor declared the special meeting adjourned at 3:40 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 325 REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL May 15,2000 12:00 noon The Council of the City of Roanoke met in regular session on Monday, May 15, 2000, at 12:00 noon, in the Crystal Ballroom at the Hotel Roanoke Conference Center, 110 Shenandoah Avenue, N. W., City of Roanoke, Virginia, with Mayor David A. Bowers presiding, pursuant to Rule 1, Reaular Meetin.clS, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 34780-050100, adopted on Monday, May 1, 2000. PRESENT: Council Members Linda F. Wyatt, C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain and Mayor David A. Bowers .................................. 5. ABSENT: Council Member William White, Sr.- .......................................... 1. (Council Member James O. Trout passed away on April 25, 2000, and the appointment of a person to fill the unexpired term is pending.) OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The invocation was delivered by Scott Katz, Member, Youth Services Citizen Board. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. The remainder of the meeting consisted of lunch and activities in connection with the year 2000 Student Government Day. Students from Patrick Henry High School and William Fleming High School were assigned to spend the day with Council Members and City staff to learn about City government and the various City departments. At 1:35 p.m., the Mayor declared the meeting in recess to be reconvened at 2:00 p.m., in the City Council Chamber. At 2:00 p.m., on Monday, May 15, 2000, the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding. 326 PRESENT: Council Members William White, Sr., Linda F. Wyatt, C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain and Mayor David A. Bowers ........... 6. ABSENT: None ...................................................................................... 0. (Council Member James O. Trout passed away on April 25, 2000, and the appointment of a person to fill the unexpired term is pending.) OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Father Peter Papanikolaou, Priest, Holy Trinity Greek Orthodox Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. COUNCIL-YOUTH: On behalf of the Members of Council and City staff, the Mayor welcomed all Student Government Day 2000 participants. He presented a proclamation declaring Monday, May 15, 2000, as Student Government Day in the City of Roanoke. COUNCIL: The Mayor advised that there is a vacancy on the Roanoke City Council created by the death of Council Member James O. Trout and called for nominations to fill the vacancy. Mr. White placed in nomination the name of Dr. Wendell H. Butler. There being no further nominations, Dr. Butler was appointed to fill the unexpired term of Council Member James O. Trout, deceased, ending June 30, 2000, by the following vote: FOR DR. BUTLER: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ................................................. 6. Mr. Harris offered the following resolution: (#34802-051500) A RESOLUTION appointing Dr. Wendell H. Butler to fill the unexpired term of James O. Trout. (For full text of Resolution, see Resolution Book No. 63, page 72.) ACTION: 327 Mr. Harris moved the adoption of Resolution No. 34802-051500. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. Following adoption of Resolution No. 34802-051500, the Honorable Richard C. Pattisall, Judge, Twenty-third Judicial Circuit of Virginia, administered the Oath of Office to Dr. Butler. (Dr. Butler officially took his seat at the May 15, 2000, 7:00 p.m., Council Session.) SCHOOLS: The Mayor advised that on June 30, 2000, the three- year terms of office of Marsha W. Ellison, Sherman P. Lea and F. B. Webster Day as Trustees of the Roanoke City School Board will expire, and advised that the following names are before Council: James P. Beatty, F. B. Webster Day, Marsha W. Ellison, Sherman P. Lea, Gloria P. Manns and William E. Skeen. Accordingly, he called upon the City Clerk to call the roll on the election of three persons to fill the vacancies, effective July 1, 2000: FOR MR. BEATTY: None ...................................................... -0. FOR MR. DAY: Council Members Harris, Hudson and Swain---3. FOR MS. ELLISON: Council Members White, Harris, Hudson and Mayor Bowers ............................................................................ -4. FOR MR. LEA: Council Members Wyatt, Hudson, Swain and Mayor Bowers ............................................................................. -4. FOR MS. MANNS: Council Members White, Wyatt, Swain and Mayor Bowers ............................................................................ -4. FOR MR. SKEEN: Council Members White, Wyatt and Harris---3. The Mayor advised that Marsha W. Ellison and Sherman P. Lea were reappointed and Gloria P. Manns was appointed as Trustees of the Roanoke City School Board for three year terms of office, commencing July 1, 2000 and ending June 30, 2003~ 328 PRESENTATIONS/ANNOUNCEMENTS ACTS OF ACKNOWLEDGEMENT-THE NEW CENTURY COUNCIL: The Mayor presented a crystal star to Ms. Karl Katajisto, representing the Bator School in Incubation Training, Finland. PROCLAMATIONS: The Mayor presented a Proclamation declaring Saturday, May 13, 2000, as Letter Carriers' Food Drive Day in the City of Roanoke. (For full text, see Proclamation on file in the City Clerk's Office.) PROCLAMATIONS-LANDMARKS/HISTORIC PRESERVATION- TOURISM: The Mayor presented a Proclamation declaring the week of May 14 - 20, 2000, as National Historic Preservation Week/Virginia Heritage Tourism Week in the City of Roanoke. (For full text, see Proclamation on file in the City Clerk's Office.) D. Kent Chrisman, Executive Director, Roanoke Valley Preservation Foundation, appeared before Council and discussed the merits of historic preservation. He presented copy of the official poster from the National Trust for Historic Preservation and Preservation Week 2000, the theme of which is, "Taking America's Past Into the Future", and requested that the poster be displayed in a prominent locatiOn in the Noel C. Taylor Municipal Building. He advised that as a part of National Historic Preservation Week, the Roanoke Valley Preservation Foundation developed criteria for historic preservation awards; whereupon, he reported that five out of nine awards presented in the year 2000 honor City of Roanoke recipients. Mr. Chrisman reviewed the following award recognitions: Evelyn S. Lander, Director, City of Roanoke Planning and Code Enforcement, who has been a leader in the Roanoke Valley preservation community for many years and helped to spearhead the Design '79 program which resulted in the designation of the Roanoke City Market as a Nationally Registered Historic District. She was also instrumental in creating the southwest and Gainsboro historic districts, she reviewed and influenced numerous historic preservation projects as staff liaison to the Architectural Review Board, and she was founder and long time Secretary of the Roanoke Valley Preservation Foundation. Agnew Seed Store, 301 Market Street, S. W., which started its business on Salem Avenue in 1897, moved to its present location on Market Street and Kirk Avenue in 1907, and is one of the oldest businesses on the Roanoke City Market. 329 Ronald and Shirley Thomas, property owners at 621 Day Avenue, S. W., which is a residential adaptive reuse for restoring an old home that was partially destroyed by fire. The house was constructed in 1912, and has been renovated on two occasions rising from an appraised value of $10,000.00 when the Thomas' purchased the property in 1992 to $107,300.00 today, which demonstrates the value of historic preservation to the community. The Raleigh Court Civic League and the Raleigh Court neighborhood for its support of a mass rezoning that will eliminate the conversion of single family houses to multi- family dwellings, which involved the down zoning of more than 1,000 properties in the Raleigh Court neighborhood. This preventative action avoids speculative rental investment practices which have eroded the historic character of neighborhoods throughout Roanoke and the Commonwealth of Virginia. Insystems Technology, Ltd., for their efforts to incorporate adaptive reuse of a former grain and food warehouse at 109 Norfolk Avenue, S. W. A $1.2 million renovation project was recently completed of an old storage building which was constructed in 1892 in Warehouse Row. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to two requests for a Closed Meeting to consult with legal counsel on a specific legal matter requiring the provision of legal advice by counsel, being the terms and conditions of a contract in negotiation; and to discuss personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. 330 ACTION: ACTION: COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the Mayor to convene in a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. COUNCIL: A report of the City Manager requesting that Council convene in Closed Meeting to consult with legal counsel on a specific legal matter requiring the provision of legal advice by counsel, being the terms and conditions of a contract in negotiation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the City Manager to convene in Closed Meeting to consult with legal counsel on a specific legal matter requiring the provision of legal advice by counsel, being the terms and conditions of a contract in negotiation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. 331 ELECTIONS-COUNCIL: A communication from Gilbert E. Butler, Jr., Secretary, Roanoke City Electoral Board, transmitting the following certified copy of the Abstract of Votes cast in the General Election held in the City of Roanoke on Tuesday, May 2, 2000, was before Council. "ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the May 2, 2000 General Election, for: MAYOR NAMES OF CANDIDATES AS ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES) David A. Bowers 4,627 Ralph K. Smith 5,368 E. Duane Howard 315 Delvis O. "Mac" McCadden 4,836 Total Write-In Votes (See Write-Ins Certification) 0 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 2, 2000, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person has received the greatest number of votes cast for the above office in said election: Ralph K. Smith Given under our hands this 5th day of May, 2000. A copy teste: [ELECTORAL BOARD SEAL] Carl T. Tinsley, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board 332 "ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the May 2, 2000 General Election, for: MEMBER CITY COUNCIL AT LARGE NAMES OF CANDIDATES AS ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES) W. D. "Bill" Bestpitch 5,895 Angela Norman 5,073 Linda Wyatt 7,624 William H. "Bill" Carder 8,468 Donald L. Hogan 1,788 Carroll Swain 5,221 James O. "Jim" Trout 1,012 Total Write-In Votes (See Write-Ins Certification) 8 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 2, 2000, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the above office in said election: William H. "Bill" Carder Linda F. Wyatt W.D. "Bill" Bestpitch Given under our hands this 5th day of May, 2000. A copy teste: [ELECTORAL BOARD SEAL] Carl T. Tinsley, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board "WRITE-INS CERTIFICATION Roanoke City Member City Council at Large General Election May 2, 2000 333 Total Votes Received (in figures) Write-Ins Invalid Write-Ins Valid Write-Ins (List in alphabetical order) Chris Chittum 1 Ashby Coleman 2 Sara McGhee 1 Mark Oliver 2 Barry Stacey 1 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 2, 2000, do hereby certify that, with the continuation pages indicated, the above is a true and correct certification of the write-in votes cast at said election for the office indicated above. Given under our hands this Sth day of May, 2000. 33'4 ACTION: ACTION: ACTION: A copy teste: [Electoral Board Seal] Carl T. Tinsley, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board Mr. White moved that the communication and Abstract of Votes be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. BLUE RIDGE COMMUNITY SERVICES: A communication from Rodney P. Furr, Chair, Blue Ridge Community Services Board of Directors, recommending ratification of the appointment of Linda H. Bannister as an at-large member of the Board of Directors, to fill a vacancy created by expiration of the term of office of Robert E. Lee, Jr., through December 31, 2002, was before Council. Mr. White moved that Council concur in the appointment of Linda H. Bannister as an at-large member of the Blue Ridge Community Services Board of Directors for a term of office through December 31, 2002. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: A communication from Mark A. Harris tendering his resignation as a member of the Roanoke Neighborhood Partnership Steering Committee, effective immediately, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that the communication be received and filed, and that the resignation be accepted. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: 335 AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. COMMITTEES-ROANOKE VALLEY RESOURCE AUTHORITY: A communication from Kit B. Kiser tendering his resignation as a City representative to the Roanoke Valley Resource Authority, effective upon appointment of a new representative, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that the communication be received and filed, and that the resignation be accepted. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. ROANOKE ARTS COMMISSION-ZONING-SCHOOLS-CITY MANAGER-PERSONNEL DEPARTMENT-OATHS OF OFFICE- COMMITTEES: The following reports of qualification were before Council: Rita D. Bishop as a member of the--Roanoke Arts Commission for a term ending June 30, 2002; Clay Grogan as a member of the Board of Zoning Appeals to fill the unexpired term of Louise M. Williams, resigned, ending December 31, 2000; Michael F. Urbanski as a member of the Virginia Western Community College Board for a term ending June 30, 2003; James D. Grisso as a Commissioner of the Hotel Roanoke Conference Center Commission for a term ending April 12, 2004; James D. Ritchie, Sr., as Deputy City Manager, effective April 17, 2000; George C. Snead, Jr., as Assistant City Manager for Community Development, effective April 17, 2000; and 336 ACTION: Kit B. Kiser as Assistant City Manager for Operations, effective April 17, 2000. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mr. White moved that the reports of qualification be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: TECHNOLOGY BUSINESS ADVISORY COUNCIL: Ms. Doughty advised that the Technology Task Force was created from the Mayor's Technology Business Advisory Council at its March 10, 2000 meeting, and is composed of representatives of the technology community. She stated that members of the Task Force have engaged in discussions about its vision for Roanoke and reached the conclusion that Roanoke should do the following: offer an environment that provides "fertilizer" for entrepreneurs, or a community that would be a good place to start a business with good paying jobs and opportunities; become a community that is proud of itself, where manageable growth is led by high paying jobs; and become a vibrant technology community that creates opportunity, and acts as a magnet for technology and technology-based entrepreneurs. She advised that when the Task Force reviewed these ideas, it developed the following mission: For Roanoke to acknowledge manageable growth and the creation of well paying jobs, it must stimulate technology-based entrepreneurship. Ms. Doughty pointed out that the Task Force looked at what other cities that are currently attracting high technology businesses have in common and arrived at several factors, i.e.: access to capital, technology people at both the workforce level and the management level, good ideas, a pleasant living environment, access to education, a fertile business environment, and technology infrastructure and access to customers. Next, she stated that the Task Force rated the Roanoke Valley in these kinds of characteristics and evaluated Roanoke's competitive position based on the experience of entrepreneurs and technology people currently located in the Roanoke area, and, although the locality scored high in some areas, it did not score well in terms of access to capital, availability of technology management people, technology infrastructure and others. She advised that a ten point plan was prepared that calls for visibility and the Task Force recommends the creation of a Roanoke City Technology Commission that will continue to focus attention and act on the growth of technology companies in the region and work to implement the recommendations of the ten point plan. Ms. Doughty stated that it will be necessary to develop an aggressive promotional campaign that builds a reputation for Roanoke as a desirable location for technology-based entrepreneurs, and implementation of the plan requires more than the commitment of Council, but also the creation of partnerships. Mr. Harris moved that the report of Ms. Doughty be referred to the City Manager for appropriate response. The motion was seconded by Mr. Swain and adopted. SCHOOLS: Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools, presented a briefing with regard to proposed renovation plans for Patrick Henry and William Fleming High Schools. He advised that over the last 13 years, the school system has spent a total of $73.8 million for facility improvements in Roanoke and another $34.9 million for new equipment, which translates into $108.17 million to insure that Roanoke's schools are upgraded. He stated that out of a total of 21, seven elementary schools have been renovated, four middle schools have been renovated, six elementary schools have received air conditioning improvements, 38 permanent classrooms have been constructed to replace modular buildings, and obsolete air conditioning systems have been replaced at Fishburn Park Elementary School, William Ruffner Middle School and James Madison Middle School. He advised that projects scheduled for the next three years include $4.15 million in renovations for the Roanoke Academy for Mathematics and Science, Fishburn Park Elementary School and Fairview Elementary School will receive gymnasium and classroom additions, the balance of the schools that need permanent classrooms to replace all temporary classrooms will be addressed, and the remaining six elementary schools will be air conditioned. He further advised that the school system has spent $108.7 million to insure that its inventory of buildings and equipment ranks in the top five per cent of any school district in the country. 337 338 Dr. Harris stated that the City is about to embark on a major upgrade of its two high schools, and the policy has been to renovate and improve schools based on the oldest buildings first. He explained that Patrick Henry and William Fleming High Schools were constructed in the late 1960's or early 1970's, therefore, they are in line for renovations estimated to cost a total of $78 million to bring the facilities to a level that would be acceptable to the community. He stated that renovation will begin with Patrick Henry because a $7.3 million grant was received from Federal Magnet money in 1992 which provided improvements at William Fleming. He stated that the City and the school system will share in the cost of the upgrades to the two high schools and discussion in regard to financing began several years ago when Council started to plan long term with the knowledge that the traditional ways of funding renovations would not work in this instance because of the enormous costs involved, and the school system has begun to build a debt service reserve, along with the City, so that there will not be a need to rely on bond referenda. He explained that the school system is building a $34 million reserve as is the City, a consultant will be hired to work with the Assistant Superintendent for Operations and a committee of citizens and employees commencing in May 2000, and this work will officially constitute a feasibility study in order to support a program to insure that over the next $0 years, Roanoke City students will be prepared for success when they leave the school system. He advised that in October 2003, design plans will be completed which will enable work to begin at Patrick Henry High School in May 2004, with a two year time frame for completion by June 2006, and improvements will begin atWilliam Fleming in approximately May 2006 to be completed in June 2008. ACTION: Without objection by Council, the Mayor advised that the remarks of Dr. Harris would be received and filed. PETITIONS AND COMMUNICATIONS: BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting appropriation of funds to the following school accounts, was before Council. $167,006.00 from the Capital Maintenance and Equipment Replacement Fund to provide funds for instructional technology, site-based technology, administrative technology, magnet school improvements, facility maintenance equipment, and plans for the Jackson Fitness Center. ACTION: 339 $20,695.00 for the Special Education Capacity Building (Sliver) program to provide funds to assist the division in providing direct services and in making systemic change to improve results for children with disabilities. The continuing grant program will be reimbursed 100 per cent by Federal funds. $184,450.00 from 1999 Bond funds for architectural fees for Roanoke Academy for Mathematics and Science improvements. A report of the Director of Finance recommending that Council concur in the request of the School Board, was also before the body. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#34803-051500) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General, School and School Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 72.) Mr. Hudson moved the adoption of Ordinance No. 34803-051500. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. SCHOOLS: A communication from the Roanoke City School Board requesting the close out of 44 school grants that have been completed, was before Council. It was advised that total outlays for the grants amounted to $9,289,256.45; and revenue for the grants was provided as follows: Federal funds - $5,620,989.90 State funds - $1,142,278.11 Fees and donations - $912,515.53 Local match - $1,602,473.01 340 ACTION: A report of the Director of Finance recommending that Council concur in the request of the School Board, was also before the body. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Harris moved that Council concur in the request. The motion was seconded by Mr. Swain and unanimously adopted. SCHOOLS: A communication from the Roanoke City School Board requesting approval of Literary Fund loan applications for improvements to Fishburn Park Elementary School and Fairview Elementary School, was before Council. It was advised that as the result of official School Board action at its meeting on May 9, 2000, the Board requests Council to approve the following Literary Fund loan applications: A total of $3.0 million for Fishburn Park Elementary School to provide improvements to include a gymnasium, six classrooms, existing window system replacement, and central air-conditioning. The debt service for this project will commence in fiscal year 2002-03 and will be paid by the School Board. A total of $2.0 million for Fairview Elementary School to provide improvements to include a gymnasium, three classrooms, existing window system replacement, and central air-conditioning. The debt service for this project will commence in fiscal year 2002-03 and will be paid by the School Board. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#34804-051500) A RESOLUTION authorizing the School Board for the City of Roanoke to make application for a loan from the State Literary Fund for modernizing Fishburn Park Elementary School. (For full text of Resolution, see Resolution Book No. 63, page 74.) Mr. Harris moved the adoption of Resolution No. 34804-051500. The motion was seconded by Mr. Hudson and adopted by the following vote: ACTION: 341. AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. Mr. Harris offered the following resolution: (#34805-051500) A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for adding to and improving the present school building at Fishburn Park Elementary School and declaring the City's intent to borrow to fund or reimburse such expenditures. (For full text of Resolution, see Resolution Book No. 63, page 75.) Mr. Harris moved the adoption of Resolution No. 34805-051500. The motion was seconded by Mr. Hudson and adopted by the following vote: ACTION: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. Mr. Harris offered the following resolution: (#34806-051500) A RESOLUTION authorizing the School Board for the City of Roanoke to make application for a loan from the State Literary Fund for modernizing Fairview Elementary School. (For full text of Resolution, see Resolution Book No. 63, page 76.) Mr. Harris moved the adoption of Resolution No. 34806-051500. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. Mr. Harris offered the following resolution: 342 (#34807-051500) A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for adding to and improving the present school building at Fairview Elementary School and declaring the City's intent to borrow to fund or reimburse such expenditures. (For full text of Resolution, see Resolution Book No. 63, page 77.) ACTION: Mr. Harris moved the adoption of Resolution No. 34807-051500. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: YOUTH: The City Manager introduced a briefing on the year 2000 Summer Youth Program. Ryan Hubbard, a senior at William Fleming High School, presented information on the Youth Public Safety Academy which will run for three weeks beginning July 10, 2000. Jamie Payne presented information on the Job Training Camp Internship Program. William Krause presented information on the Summer Food Service Program. Daniel Tucker presented information on Summer Time 2000 Programs through Roanoke City's Parks and Recreation Department. Ashby Donahue presented information on the 2000 Reading Program. Scott Katz presented information on a joint effort of the City's Office on Youth with the Roanoke Valley 4-H Program. ACTION: 343 Without objection by Council, the Mayor advised that the briefing would be received and filed. POLICE DEPARTMENT: The City Manager introduced a briefing with regard to citizen involvement in the review of complaints concerning the Police Department. A. L. Gaskins, Police Chief, advised that several months ago, he submitted a recommendation to the City Manager in regard to appointing two citizens to a discipline review panel that was an attempt to enhance the community policing policy by offering more involvement by the community in the Police Department, which also coincided with the City Manager's Community Relations Task Force recommendations. Brenda Powell, representing the City Manager's Community Relations Task Force, appeared before Council and advised that the Task Force has been in existence for several years and in each of its reports to the City Manager, a recommendation has been submitted for appointment of a Citizen Review Panel. She further advised that after having investigated the citizen review panel currently in existence in the City of Richmond, Roanoke's Community Relations Task Force recommends that four citizens be appointed to a review panel for the Roanoke City Police Department, and that the individuals be required to attend the Police Academy and serve on the panel on a rotating basis. The City Manager advised that the Community Relations Task Force conducted its own investigation, held conversations with City of Richmond officials and citizens who participated in the panels and arrived at the conclusion that adding citizens to the current disciplinary process is the most appropriate means to address the situation. She called attention to meetings with several representatives of citizen groups that appeared before Council in March, 2000 to discuss the report and recommendation, they chose to take the recommendation under advisement, and the City contacted the U. S. Department of Justice for input regarding model programs. She advised that citizens will be allowed to participate, as graduates of the Citizens Police Academy, in the oral interview boards to be conducted with police recruits, which will encourage citizen participation in expanded ways with the Police Department at both the beginning of a police officer's career and in those instances where there are complaints regarding actions of police officers. 344 ACTION: Upon request for clarification, the City Manager advised that the current review process consists of four ranking officers who make a recommendation to the Chief of Police and the Chief of Police makes the final decision on disciplinary action to be taken, the Police Chief can return matters back to the committee as he deems necessary, and the four citizens who are being recommended to the panel would be a part of the process; therefore, a review panel of eight individuals would make a recommendation to the Chief of Police who would make the final decision regarding actual disciplinary action in a particular instance. She called attention to the confidential nature of matters to be addressed; therefore, there will be a challenge to both represent the community and also be true to the confidential nature of the issues. Without objection by Council, the Mayor advised that the briefing would be received and filed. TRAFFIC-LEGISLATION: Ms. Lander advised that Council is being requested to repeal the existing inoperative motor vehicle ordinance and adopt a new ordinance that enacts new provisions that will assist the City in removing junk cars from the City's residential neighborhoods. She stated that since undertaking the removal of inoperative vehicles in 1996, the City has been instrumental in encouraging its legislators to adopt additional revisions to the Code of Virginia to address inoperative motor vehicles in urban areas and City staff has been effective in addressing approximately 4,400 vehicles in the City of Roanoke alone. She advised that about 95 per cent of inoperative vehicle complaints were resolved as a result of voluntary compliance by property owners, and the other five per cent were resolved through the actual towing of the inoperable vehicle, which effort has been achieved by using two inspectors from the City Planning Department that are also responsible for zoning enforcement, and a third inspector was recently added to the Department of Planning and Code Enforcement by the City Manager. She presented a brief overview of the proposed amendments which will streamline and speed up the vehicle removal process, limit the number of vehicles on a property, and provide further consistency with state enabling legislation, as set forth in Section 15.2-906, Code of Virginia; specifically, the proposed amendments will provide for the following: Section 20-124: The definition of an inoperable vehicle has been changed to be consistent with state code; In order to not be considered inoperable, a vehicle must be in operating condition, display valid license plates and an inspection decal that is not expired by more than 60 days; ACTION: 345 Section 20-125(b): Only one inoperable vehicle is permitted to be kept that is shielded or screened from view (i.e. fence, not a tarp); any other inoperable vehicles must be kept within a fully enclosed building; Section 20-126(a): Violations must be brought into compliance within seven calendar days of the notice of violation (currently ten days); Section 20-126(c): Notice of an inoperable vehicle violation is given to the property owner upon which the vehicle is located and a violation notice (now an orange sticker) is placed on the car; the requirements for notifying the vehicle owner have been deferred until after the vehicle has been removed and there is improved access to the vehicle identification number; and Section 20-129: The appeals process has been simplified; ifa property owner is aggrieved, they can appeal in writing within seven days of the violation notice; an independent person appointed by the City Manager will hear the appeal within ten days of the filing of the appeal. Without objection by Council, the Mayor advised that the briefing would be received and filed. ITEMS RECOMMENDED FOR ACTION: BUDGET-PERSONNEL LAPSE FUNDS: The City Manager submitted a written report advising that salary lapse is generated as a result of employee turnover and vacancies in City departments; the status of personnel lapse was reported to Council during the first quarter of the current fiscal year; the purpose of the report is to transmit a budget ordinance that encompasses the entire fiscal year, eliminates the budgeted lapse amount, and adjusts affected departmental operating budgets; for fiscal year 1999-2000, a salary lapse of $879,325.00 is budgeted, while the total estimated salary lapse is actually $1,769,742.00, and has been allocated as more fully set forth in the report; estimated salary lapse will exceed the initial budgeted amount by $890,417.00; and a significant portion of this amount was generated by vacancies in public safety departments. It was further advised that by using excess lapse funds, the following departmental funding needs can be addressed: 346 Fire/EMS Department - $150,000.00 for overtime wages to cover shortages as a result of nine vacant positions and long-term illnesses. Communications - $54,000.00 to purchase 60 additional portable radios associated with the 800 MHz Trunking Radio Project for the Police Department. City Manager $43,290.00 for updating computer equipment, professional assistance with the Community Relations Task Force Annual Conference, professional fees to produce the City of Roanoke, Virginia Department of Economic Development newsletter and the City Page, and expenses to host the Virginia Municipal League Conference and the NCAA Championship games. Billings and Collections - $50,987.00 for overtime costs associated with implementation of the new utility billing computer system. The utility billing system interfaces with the handheld meter reading system and generates bills and service orders for water/sewer customers. Economic Development - $106,200.00 to cover economic development studies, office relocation costs, a new quarterly newsletter, dues for the Regional Industrial Facilities Authority, temporary wages due to vacancies, and recruitment expenses associated with search for the Director of Economic Development. Police - $20,000.00 for one-time costs associated with establishing a satellite police office in the Williamson Road area. Circuit Court - $20,000.00 in juror expenses as a result of an increased number jury trials. D-Day Memorial - $50,000.00 for a contribution to the National D-Day Memorial Foundation. This is the fifth and final payment on a pledge of $250,000.00 over five fiscal years. Solid Waste Management - $350,000.00 to cover solid waste management tipping fees as a result of increased tonnage from residential collection and the Homeowners' Disposal Program. ACTION: 347 The City Manager recommended that Council authorize transfer of funds between accounts and the use of excess budgeted lapse funds as identified in Attachment A to the report. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#34808-051500) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 78.) Mr. White moved the adoption of Ordinance No. 34808-051500. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None .......................................... ' ............................ 0. BUDGET-PUBLIC WORKS: The City Manager submitted a written report advising that Council was previously advised of funding needs for environmental commitments related to the Consent Agreements and clean-up at the Public Works Service Center (PWSC); whereupon, she transmitted a chart showing the revised amount of funding needs identified to date, the schedule of expenditures required over the next three years and recommended funding sources; and in order to meet legal commitments for the current fiscal year, action by Council is needed to appropriate or transfer funds totaling $580,805.00 to the PWSC project. The City Manager recommended that Council authorize the transfer of funds, as follows: A~DroDriation/Transfer From: Account Name Account Number Amount Roanoke River Flood Reduction 008-056-9620-9003 Public Facility Improvement 008-052-9671-9003 CMERP - FY 1999-00 (Reallocated from Other Projects - See Attachment) General Fund Contingency 001-002-9410-2199 $296,182.00 8,416.00 202,000.00 74,007.00 348 ACTION: Total - Appropriation/Transfer From $580,605.00 Appropriation/Transfer To: Account Name Account Number Amount Environmental Issues: Environmental Consultants/ Subcontractors Legal Costs Greenway Project Environmental Management System (Lee Faulkner) Stream Bank Restoration Audits (PWSC, P&R, ULS, etc.) 008-052-9670-9251 008-052-9670-9252 008-052-9670-9213 008-052-9670-9215 008-052-9670-9216 008-052-9670-9217 $223,t05.00 30,000.00 50,000.00 30,000.00 17,500.00 15,000.00 Subtotal $365,605.00 Settlement State DEQ: Annual Hazardous Waste Clean-up Day (Community Projects) Greenway Project 008-052-9681-9214 008-052-9681-9213 $ 65,000.00 150,000.00 Subtotal $215,000.00 Total - Appropriation/Transfer To $580,605.00 (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#34809-051500) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 82.) Mr. Swain moved the adoption of Ordinance No. 34809-051500. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None .......................................................................0. ACTION: 349 BUDGET-WORKERS COMPENSATION: The City Manager submitted a written report advising that Workers' Compensation is defined as "exclusive remedy, under law, for all covered employees for compensating injuries and occupational diseases arising in the course of and within the scope of employment"; the City is currently self- insured for Workers' Compensation liability with excess insurance above the $1,000,000.00 (per occurrence) level; funding has been budgeted in the General Fund for the current fiscal year to cover Workers' Compensation wage and medical payments; and these types of fringe benefits are budgeted as a lump sum in the non-departmental category because annual charges for each department are difficult to accurately project. The City Manager recommended that Council authorize transfer of $800,000.00 to cover Workers' Compensation claims in departmental workers' compensation accounts from the following sources: Funding Sources: Account Number Amount Workers' Compensation - Wages Workers' Compensation - Medical 001-004-9110-1135 $400,000.00 001-004-9110-t140 $400,000.00 (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergencY budget ordinance: (#34810-051500) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 83.) Mr. Harris moved the adoption of Ordinance No. 34810-051500. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. POLICE DEPARTMENT-CITY CODE-TOWING CONTRACT: The City Manager submitted a written report advising that the Roanoke City Police Department utilizes a "rotating wrecker service list" when dispatching towing companies to remove vehicles from accident scenes or when vehicles are otherwise impeding the orderly flow of 350 traffic; to be included on the list, a wrecker service company must sign the City's Wrecker Service Contract and comply with specific requirements outlined in the contract; the 1992 Roanoke City Police Department current Wrecker Service contract no longer provides adequate compensation for the towing companies, nor does it include necessary insurance, inspection, and safety requirements; over the last three months, City representatives from the Police Department, Office of Management and Budget, and the City Manager's Office have been working in consultation with representatives of the local towing industry (Brown & Son, Robert Young, Weststar, and Wood's) to review and make recommendations for appropriate amendments to the Wrecker Service contract, Rules and Regulations, and corresponding sections of the City Code; and the Police Department conducted a survey to determine how localities across the state meet the towing needs of the community and discovered that most localities allow wrecker services to charge market rate prices and tow vehicles to their private secured lots. It was explained that proposed major changes in the City's rules and regulations will allow towing companies to store vehicles in private secured lots, to charge customers market rates, and to dispose of vehicles when appropriate; a vehicle will be stored in the City's impoundment lot only when the Police Department determines that the vehicle needs to be retained by the City as evidence, which change will substantially reduce the number of vehicles that are stored at the City's impound lot; the Police Department and wrecker service companies have agreed to enhance public safety by ensuring that all tow vehicles have appropriate safety equipment to protect citizens, personnel, and the environment; to ensure that towing companies on the City's wrecker service list charge reasonable towing fees and adhere to the regulations set forth in the companies' contract with the City, a Towing Advisory Committee will be appointed by the City Manager, which Committee will meet quarterly and will be composed of representatives from the community, City of Roanoke Police Department, other public safety departments, and the towing industry; and recommended changes have been reviewed and approved by the City Attorney's Office and representatives of wrecker service companies that are included on the Roanoke City Towing list. The City Manager recommended that Council approve proposed changes to the City Code; that the City Manager be authorized to appoint a Towing Advisory Committee; and that the City Manager be authorized to execute wrecker service contracts. (For full text, see report on file in the City Clerk's Office.) ACTION: 351 Following discussion, it was the consensus of Council to refer the matter back to the City Manager and the City Attorney for review in regard to inclusion of a non-discrimination clause in all City contracts. BUDGET-HOUSING/AUTHORITY-DOWNTOWN NORTH-HENRY STREET REVIVAL COMMITTEE: The City Manager submitted a written report advising that on August 16, 1999, Council approved the City's investment concept to provide up to $5 million for a public parking garage and up to $3 million to improve public infrastructure in the Greater Gainsboro Redevelopment Area to service the Roanoke Higher Education Center, the Roanoke Neighborhood Development Corporation's planned office building, and the development of market rate apartments in the old Norfolk and Western General Office Building- South; infrastructure improvements within the public rights-of-way which include streets, utility systems, streetscapes, construction of a public parking structure and surface parking areas, and extension of a public alley, have been sufficiently finalized to identify the need to acquire and assemble certain parcels of land to allow the garage to be constructed; and the Roanoke Redevelopment and Housing Authority has been charged with the responsibility of acquiring and assembling such property. It was further advised that a written cooperation agreement should be executed between the Roanoke Redevelopment and Housing Authority and the City of Roanoke to specifically outline property acquisitions and related activities necessary to enable the City to construct a public parking garage in the Greater Gainsboro Redevelopment area; an appropriation of $550,000.00 to the Roanoke Redevelopment and Housing Authority is anticipated to be needed to secure the necessary properties, including legal and environmental work; timing is critical to the construction of the garage in order to insure that all properties will be available prior to anticipated award of the construction contract; and funds are available in undesignated capital fund interest to be used for this purpose. The City Manager recommended that she be authorized to enter into a Cooperation Agreement with the Roanoke Redevelopment and Housing Authority and that Council authorize appropriation of $550,000.00 to provide funds to the Roanoke Redevelopment and Housing Authority to carry out activities as set forth in said agreement. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: 352 (#34811-051500) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 86.) ACTION: Mr. Swain moved the adoption of Ordinance No. 34811-051500. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... O. Mr. Swain offered the following resolution: (#34812-051500) A RESOLUTION authorizing execution of a Redevelopment Area Cooperation Agreement between the City of Roanoke and the Roanoke Redevelopment and Housing Authority to provide for implementation of certain aspects of the Redevelopment Plan for the Gainsboro Community Program Area, which Plan was approved by City Council on January 10, 1972 for the purpose of revitalizing that part of the City known as the Gainsboro Community. (For full text of Resolution, see Resolution Book No. 63, page 87.) ACTION: Mr. Swain moved the adoption of Resolution No. 34812-051500. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. REFUSE COLLECTION-PUBLIC WORKS: The City Manager submitted a written report advising that on March 20, 2000, Council authorized use of an alternate method of procurement identified as "competitive negotiation for other than professional services" to engage an organization qualified to collect, transport and dispose of household hazardous wastes for a one day collection event, which is one of the projects that came out of the agreements between the City of Roanoke, and the United States and the Virginia Department of Environmental Quality. ACTION: 353 It was further advised that specifications were developed and publicly advertised for the solicitation of proposals to collect, transport, and dispose of household hazardous wastes during a one day period; two responses were received and evaluated; and interviews were conducted with representatives of both organizations; and the Proposal Evaluation Team selected the firm of ECOFLO, Inc. of Greensboro, N.C., to provide the services. The City Manager recommended that Council accept the proposal of ECOFLO, Inc., in the amount of $130,000.00, with a project contingency of $20,000.00, and authorize the City Manager to enter into a contract, in a form to be approved by the City Attorney, for collection, transportation and disposal of household hazardous wastes which is scheduled to be held on June 17, 2000, from approximately 8:00 a.m. to 2:00 p.m.; and funding for the for the project is designated as follows: $62,500.00 in Account No. 008-052-9672-9214 as part of the agreement reached with the United States. $62,500.00 in Account No. 008-052-9681-9214 as part of the agreement reached with VADEQ. $5,000.00 from donations received from the City of Salem in Account No. 008-052-9672-8980. $20,000.00 Contingency in Account No. 008-052-9672-9214 as part of the agreement reached with the United States. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: (#34813-051500) A RESOLUTION accepting the proposal of ECOFLO, Inc., for providing the services necessary for a Household Hazardous Waste Collection Day Event; authorizing the City Manager to execute a contract for the same; and rejecting other proposals made to the City for such services. (For full text of Resolution, see Resolution Book No. 63, page 88.) Mr. White moved the adoption of Resolution No. 34813-051500. The motion was seconded by Mr. Swain and adopted by the following vote: 35 4 ACTION: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. TRAFFIC-BUDGET-CONSULTANTS REPORTS-DOWNTOWN NORTH: The City Manager submitted a written report advising that Council appointed a committee to examine issues related to development of property along Henry Street in the Gainsboro Community; one of the adopted recommendations of the committee was to study parking in downtown Roanoke; and the study area is proposed to include the downtown area generally bounded by Williamson Road, 5th Street, Elm Avenue and Wells Avenue, as well as the Gainsboro neighborhood. It was further advised that City staff has requested proposals from qualified professional service firms to conduct the proposed parking study, and the firm of Wilbur Smith Associates, Inc., has been selected to conduct the proposed study, for a contract amount of $44,000.00; and the study will include an inventory of public and private parking in downtown Roanoke, an analysis of current and projected parking demand, an evaluation of the operation of City owned parking facilities, and a recommendation on appropriate strategies for improving parking opportunities in downtown Roanoke. The City Manager recommended that Council authorize the Director of Finance to transfer $50,000.00 from Capital Improvement Reserve - Streets and Bridges, to an account to be identified as Downtown Parking Study, to fund the contract and to provide a $6,000.00 contingency. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#34814-051500) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 89.) Mr. Hudson moved the adoption of Ordinance No. 34814-051500. The motion was seconded by Mr. Swain and adopted by the following vote: 355 AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. BUDGET-ROANOKE CiViC CENTER-CONSULTANTS REPORTS: The City Manager submitted a written report advising that the Civic Center facilities are in need of an evaluation of existing HVAC systems and a logical replacement and maintenance plan; and after advertisement and interviews, a selection committee selected the firm of Wiley & Wilson, A Professional Corporation as the best qualified consultant for the proposed work. It was further advised that a contract for architectural and engineering services for an evaluation of the existing HVAC systems, lighting, ice rink refrigeration needs and replacement plan, in the amount of $80,000.00, has been negotiated with Wiley & Wilson, A Professional Corporation, and funding for the services is available in the fiscal year 2000 Capital Maintenance and Equipment Replacement Program (CMERP) budget, as follows: Professional Consultant Services Contingency Total Funding $80,000.00 7,500.00 $87,500.00 The City Manager recommended that Council authorize a contract for the above described work and that the City Manager be authorized to execute a contract with Wiley & Wilson, A Professional Corporation, in the amount of $80,000.00, with a project contingency of $7,500.00; and that the Director of Finance be authorized to appropriate $87,500.00 from fiscal year 2000 CMERP to an account in the Civic Center Fund designated as "Civic Center HVAC Replacement Plan". (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#34815-051500) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General and Civic Center Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 90.) 356 ACTION: ACTION: Mr. Harris moved the adoption of Ordinance No. 34815-051500. The motion was seconded by Mr, Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... O. Mr. Harris offered the following resolution: (#34816-051500) A RESOLUTION authorizing a contract with Wiley & Wilson, A Professional Corporation, for the evaluation of existing HVAC systems and a logical replacement and maintenance plan for the Roanoke Civic Center facilities. (For full text of Resolution, see Resolution Book No. 63, page 92.) Mr. Harris moved the adoption of Resolution No. 34816-051500. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. BUDGET-PARKS AND RECREATION: The City Manager submitted a written report advising that the Mill Mountain Park Improvements Project consists of construction of a new 2,100 square feet Visitor Center and 1,500 square feet Picnic Shelter in Mill Mountain Park; on February 7, 2000, Council approved the project at a total cost of $530,957.00; and Building Specialists, Inc., is the general contractor and the project is currently under construction. It was further advised that the Department of Parks and Recreation has indicated that private donations, in the amount of $37,000.00, have been collected, with additional pledges in the amount of $10,000.00 still outstanding, which brings the total amount generated by private funding to $47,000.00, with ongoing fund raising efforts continuing so as to reach a total of $50,000.00; the balance of pledges is anticipated to be collected within 30 days; and the following items are requested to be added to the project at a cost of $48,260.00: ACTION: 357 The clerestory windows and required roof structure, and all structural wood timbers $ 45,435.00 The exterior concrete masonry units $ 2,825.00 Cost Summary for the project is as follows: Amount of initial Contract Proposed Change Order No. 1 $530,957.00 48,260.00 Total Amount of Proposed Contract $579,217.00 The City Manager recommended that she be authorized to execute Change Order No. 1, in the amount of $48,260.00, with Building Specialists, Inc., subject to the City receiving all necessary funding before Change Order No. 1 is executed, and appropriate $48,260.00 to Mill Mountain Park Improvements, Account No. 008-052-9711-9003, and establish an accounts receivable to be designated as "Private Party Contributions - Mill Mountain Visitors Center" in the amount of $48,26O.OO. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#34817-051500) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book ~1o. 63, page 92.) Mr. Harris moved the adoption of Ordinance No. 34817-051500. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. Mr. Harris offered the following emergency ordinance: (#34818-051500) AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 1 to the City's contract with Building Specialists, Inc., for improvements to Mill Mountain Park; and providing for an emergency. 358 ACTION: (For full text of Ordinance, see Ordinance Book No. 63, page 93.) Mr. Harris moved the adoption of Ordinance No. 34818-051500. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. CITY CODE-WATER RESOURCES-CONSULTANTS REPORTS: The City Manager submitted a written report advising that on March 20, 2000, a seven member citizens committee appointed by Council concluded its work which began in April 1998 by formally presenting its recommendations to Council on the consultant's final report regarding the Carvins Cove Comprehensive Land Use Plan; Chairperson Elizabeth T. Bowles and Vice-Chairperson M. Rupert Cutler addressed Council and strongly supported the recreational activities in the plan with an emphasis on and a reminder that protection of Roanoke's water supply remains its number one objective; and after discussion and public comment, Council referred the report to the City Manager for recommendation. It was further advised that the Carvins Cove Reservoir Citizens Advisory Committee recommended that Council: (1) direct City staffto prepare, with citizen involvement, a management plan for water quality protection and recreation use of the City owned Carvins Cove Reservoir, based on the Whitesell Orrison conceptual land use plan, which covers such issues as trail redevelopment and user fees; and (2) initiate joint planning efforts with representatives of Roanoke and Botetourt Counties to assure long term protection of those parts of the Carvins Cove Reservoir watershed not owned by the City to avoid contamination of the parts of Catawba and Tinker Creeks which lie above the tunnels into Carvins Cove Reservoir; and the Water Department has met with the Department of Parks and Recreation and key persons associated with the Mayor's Committee for People with Disabilities regarding future implementation of the Plan. The City Manager pointed out that the City Administration accepts the report as a conceptual document that should guide future decision-making in the management of the property and agrees with its recommendations, with three exceptions: (1) The use of gasoline- powered boat motors up to but not exceeding ten horsepower should be allowed to continue; the reservoir is a large body of water and 359 electric trolling motors would not allow boats to safely return to the docks during inclement weather; (2) open hunting should not be allowed; however, the City administration would reserve the right to use selective means to control any animal population that presents a threat to the water supply with controlled hunting as a tool of last resort and (3) the existing picnic area should not be moved, but erosion control measures should be considered to address the concerns of the consultant's report recommending relocation of the picnic shelter. It was noted that the City administration supports the joint management of the reservoir by the Water Department and the Department of Parks and Recreation as presented in the consultant's report by assigning responsibility for water supply matters to the Water Department and administration of recreational activities to the Department of Parks and Recreation; and the Director of Utilities, subject to the City Manager's approval, should have the final decision regarding the suitability of proposed recreational and other activities in the Cove. It was advised that the Water Department has budgeted for installation of remote control gates for Catawba and Tinker tunnels; the City is mandated by the 1996 Safe Drinking Water Act amendments to complete a Source Water Assessment Plan in accordance with the State Health Department's guidelines that will further address or identify potential threats to the water supply in the reservoir to include evaluation of the impact of farming (e.g., 200 cow farm upstream of tunnel intake) on the water quality of receiving streams; the Source Water Assessment Plan, to be completed by January 2001, is a comprehensive study that will identify the boundaries of the assessment areas that supply public water and inventory contaminants and assess water system susceptibility to contamination, and the study should enable the City to address and/or identify concerns regarding Mr. Rupert Curler's comments on land use in the Catawba and Tinker watersheds; and the City administration suggests that the issue of a conservation easement agreementwith the Western Virginia Land Trust and the Virginia Outdoors Foundation should be further evaluated as to precise restrictions. The City Manager transmitted information regarding the Virginia Mountain Bike Patrol, a service currently provided at Explore Park, which is a volunteer organization that enters into an agreement with land managers to patrol trails designated for cycling; the program is beneficial and the City administration will recommend the program for support of the Land Use Plan as the City develops additional details of recreation management. 360 ACTION: The City Manager recommended that Council adopt the Carvins Cove Land Use Plan proposed by Whitesell Orrison, Inc., with the above described modifications and adopt a resolution to amend the City Code with regard to the following permitted activities at Carvins Cove Reservoir: Hiking Bicycling Horseback riding Picnicking Fishing Boating Use of gasoline boat motors not exceeding ten horsepower except for designated patrol personnel authorized by the City Manager. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency ordinance: (#34819-051500) AN ORDINANCE amending subsection (b) of §35-17, Designation and general use of recreational area, and §35-30, Possession or discharge of firearms, of Division I. Generally, of Chapter 35, Offenses-Miscellaneous, of the Code of the City of Roanoke (1979), as amended, to permit additional uses of the Carvins Cove area; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 94.) Mr. Harris moved the adoption of Ordinance No. 34819-051500. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. Elizabeth T. Bowles, Co-Chair, Carvins Cove Land Use Advisory Committee, appeared before Council in connection with the report and advised that the Committee's first interest is in protecting the quality of water and the safety of persons using Carvins Cove. 361 TRAFFIC-CITY CODE-LEGISLATION: The City Manager submitted a written report advising that on March 20, 2000, Council amended Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979), as amended, to regulate inoperable motor vehicles on any property zoned or used for residential purposes, or on any property zoned for commercial or agricultural purposes; Council was advised that an additional zoning inspector position had been transferred to the code enforcement area to strengthen the City's efforts and assist the existing two inspectors handling inoperable vehicles and zoning issues; and Council was advised that additional amendments to the inoperable vehicle code would be forthcoming to further improve enforcement of inoperable vehicles. It was further advised that the following amendments to the inoperable vehicle ordinance are proposed to streamline and speed up the vehicle removal process, limit the number of vehicles on a property, and provide further consistency with state enabling legislation contained in Section 15.2-905, Code of Virginia, 1950, as amended: Section 20-124: The definition of an inoperable vehicle has been changed to be consistent with state code. In order to not be considered inoperable, a vehicle must be in operating condition, display valid license plates and an inspection decal that is not expired by more than 60 days. Section 20-125(b): Only one inoperable vehicle is permitted to be kept that is shielded or screened from view (i.e. fence, not a tarp). Any other inoperable vehicles must be kept within a fully enclosed building. Section 20-126(a): Violations must be brought into compliance within seven calendar days of the notice of violation (currently ten days). Section 20-126(c): Notice of an inoperable vehicle violation is given to the property owner upon which the vehicle is located and a violation notice (now an orange sticker) is placed on the car. The requirements for notifying the vehicle owner have been deferred until after the vehicle has been removed and there is improved access to the vehicle identification number. 362 ACTION: Section 20-129: The appeals process has been simplified. If a property owner is aggrieved, they can appeal, in writing, within seven days of the violation notice. An independent person appointed by the City Manager will hear the appeal within ten days of the filing of the appeal. In addition to the above amendments, it was noted that City staff also is revising the City's contract for towing inoperable vehicles to ensure better service and improve removal procedures; (this contract is separate from the towing contract under consideration for vehicles on public right-of-way); and these amendments and future towing contract changes should result in inoperable vehicles being brought into compliance or removed within 21 days instead of the current 30-45 day period. The City Manager recommended that Council adopt an ordinance authorizing amendments to Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979), as amended; which amendments are proposed in an effort to enhance the overall quality of life in Roanoke's residential neighborhoods and to abate "junk car" nuisances that are of concern to citizens. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency ordinance: (#34820-051500) AN ORDINANCE repealing Article V, Keeping of Inoperative Motor Vehicles, of Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended, and adopting a new Article VI, Keeping of Inoperable Motor Vehicles, in Chapter 20; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 96.) Mr. Harris moved the adoption of Ordinance No. 34820-051500. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. ACTION: 363 CITY NURSING HOME-TOTAL ACTION AGAINST POVERTY-WEST END CENTER: The City Manager submitted a written report advising that the Roanoke City Nursing Home is scheduled for demolition in the very near future; kitchen equipment is located in the facility that could serve other organizations; Total Action Against Poverty's Transitional Living Center (TAP-TLC) submitted a proposal requesting Community Development Block Grant (CDBG) funds for, among other items, replacement of the walk-in cooler/freezer in the TAP-TLC kitchen, however, no CDBG funds were budgeted for TAP's request; the West End Center for Youth is in the process of purchasing property located at 1210 Patterson Avenue, S. W., and has requested kitchen equipment to be installed in the building as they expand services; and funding from CDBG will assist in purchase of the building. It was further advised that the former Roanoke City Nursing Home facility houses various pieces of kitchen equipment; a cooler/ freezer, which was purchased with General Funds, can be transferred to TAP-TLC, and other available equipment could be transferred to the West End Center; and equipment including the cooler/freezer must be removed since the nursing home facility is scheduled for demolition. In a good faith effort to assist two valuable entities in the City of Roanoke, the City Manager recommended that she be authorized to transfer the cooler/freezer currently located in the Roanoke City Nursing home facility to the TAP-TLC facility and other kitchen equipment, as needed, to the West End Center. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following resolution: (#34821-051500) A RESOLUTION authorizing the transfer of kitchen equipment from the former Roanoke City Nursing Home to Total Action Against Poverty's Transitional Living Center (TAP-TLC) and the West End Center for Youth, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 63, page 101.) Mr. Swain moved the adoption of Resolution No. 34821-051500. The motion was seconded by Mr. Harris and adopted by the following vote: 364 AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. BUDGET-ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that each fiscal year, Office of Management and Budget staff monitor departmental and operating expenses budgets and capital projects budgets to ensure that expenditures are in line with budgeted amounts; and certain economic development capital projects will require additional funding for expenditures that will occur this fiscal year: Economic Development-Capital Projects $332,931.00 Additional funds are needed for pending Economic Development initiatives, studies, and promotional materials. It was further advised that with over three quarters of the fiscal year complete, revenue trends indicate the following revenue sources will outperform their estimate by a significant amount: The personal property estimates were set conservatively for fiscal year 2000 due to Iow growth in fiscal year 1998. It is now apparent that it will outperform estimates for fiscal year 2000. The City will hold a second surplus equipment sale this fiscal year, which is anticipated to generate revenue beyond the estimate. The following revenue estimate adjustments are recommended: Personal Property Tax Sale of Surplus Property Total $445,000.00 50,000.00 $495,000.00 It was noted that the School Board receives 36.42 per cent of local tax revenues according to the formula used by the City and school administration to share revenues; based on the above revenue estimate adjustments, the School Board will receive an additional $162,069.00 of funding; (revenue from sale of surplus property is not shared); and the amount of revenue available for City administration funding needs totals $332,931.00. 365 The City Manager recommended that Council approve adjustments to the fiscal year 2000 budget and appropriate funds, as follows: Revenues: PemonalPropertyTax Sale of Surplus Property (001-020-1234-0130) $445,000.00 (001-020-1234-0861) 50,000.00 Total $495,000.00 Expenditures: Transfer to School Fund (001-004-9310-9530) Transfer to Capital Projects Fund - Economic Development (001-004-9310-9508) $162,069.00 332,931.00 Total $495,000.00 She further recommended that Council appropriate funds totaling $332,931.00 to an account in the Capital Projects Fund to be established by the Director of Finance and designated as "South Jefferson". ACTION- (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#34822-051500) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 102.) Mr. Hudson moved the adoption of Ordinance No. 34822-051500. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. CITY CODE-PENSIONS: The City Manager and Director of Finance submitted a joint report advising that the 1994 session of the Virginia Acts of Assembly requested the Virginia Retirement Systems 366 (VRS) and the Association for Municipal Retirement Systems of Virginia (AMRS) to study the portability of retirement benefits between the Commonwealth and its political subdivisions; and the following political subdivisions have established local retirement plans in lieu of participating in VRS: Cities of: Charlottesville Danville Falls Church Newport News Norfolk Portsmouth Richmond Roanoke Counties of: Arlington Fairfax Powhatan Town of: Farmville The Portsmouth retirement system was closed to any new employees after July 1, 1995; and Powhatan and Farmville have defined contribution plans. It was further advised that on December 18, 1995, Council adopted Resolution No. 32792 authorizing the concept of portability; the 1996 Session of the Virginia Acts of Assembly approved portability of service credit between the VRS and certain political subdivisions of the Commonwealth having defined benefit plans (Section 51.1-143.1 and 51.1-801.1 of the Code of Virginia, as amended); pension portability provides employees with the opportunity to transfer their pension benefits when they transfer from one Virginia government employer and go to another; major advantages of portability are recruiting, encourage job opportunity mobility, provide more adequate retirement benefit and reduce record maintenance and costs; and portability of retirement benefits between the Commonwealth and its political subdivisions is a benefit current employees have requested. It was explained that portability issues that must be considered in transfer agreements are: years of service may not transfer year for year; after assets are transferred, members agree to forfeit all rights to benefits t, nder the original plan; and reciprocal agreements must be established with each system - potentially ten agreements; and each retirement system has different structures and actuarial assumptions. ACTION: 367 The City Manager and the Director of Finance recommended that Council approve portability and authorize the Board of Trustees to approve portability agreements with other Virginia public retirement plans; portability is recommended only for members of the Employees' Supplemental Retirement System (ESRS); there are approximately 159 current City employees who are members of the Employees' Retirement System (ERS), therefore, it is recommended that a window of opportunity be available from July 1 through July 31 for those employees to transfer to the ESRS. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency ordinance: (#34823-051500) AN ORDINANCE amending Chapter 22.1, Pensions and Retirement., of the Code of the City of Roanoke (1979), as amended, by amending §22.1-22, Definitions, with regard to the definition of "membership service", and by adding a new §22.1-43.1, Portability of service - ESRS; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 103.) Mr. Swain moved the adoption of Ordinance No. 34823-051500. The motion was seconded by Mr. Harris and adopted by the following vote: ACTION: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. Mr. Swain moved that the following ordinance be placed upon its first reading: (#34824) AN ORDINANCE amending and reordaining §22.1-3, Membership Generally, of Chapter 22.1, Pensions and Retirement, of the Code of the City of Roanoke (1979), as amended, by adding a new subsection, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 128.) The motion was seconded by Mr. Harris and adopted by the following vote: 368 ACTION: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. CITY ATTORNEY: CITY CODE-PENSIONS-COUNCIL: The City Attorney submitted a written report transmitting an ordinance which will allow beneficiaries of the City's retirement plan who are drawing a pension, and who are elected to City Council, to elect either to discontinue receiving such pension and to accrue additional service credit, or to continue to receive the pension, but forego the accrual of additional service credit, which ordinance was reviewed by Mays and Valentine, legal advisors to the City's Pension Plan, who advised that the ordinance is consistent with pension plan laws. (For full text, see report on file in the City Clerk's Office.) Mr. Harris moved that the following ordinance be placed upon its first reading: (#34825) AN ORDINANCE amending Chapter 22.1, Pensions and Retirement, of the Code of the City of Roanoke (1979), as amended, by amending §22.1-11, Restoration of beneficiaries to membership, by the addition of a new subsection (e) to provide an option to certain beneficiaries regarding pension benefits and additional creditable service; and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 63, page 129.) The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. SEWERS AND STORM DRAINS: The City Attorney submitted a written report advising that on May 1,2000, Council adopted Ordinance No. 34779-050100 accepting the bid of Aaron J. Conner, General Contractor, Inc., for the Clara Avenue and Knollwood Road Culvert Replacement and the Deyerle Road Storm Drain Project; and during 369 contract review process, it was discovered that two numbers were inadvertently transposed in the bid amount in Ordinance No. 34779- 050100. ACTION: The City Attorney transmitted a measure correcting the bid amount from $537,301.90 to the correct amount of $573,301.90. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency ordinance: (#34826-051500) AN ORDINANCE amending Ordinance No. 34779- 050100 to correct the bid amount for the award of a contract to replace the undersized street culverts on Clara Avenue and Knollwood Road, and constructing a storm drain system along Deyerle Road near Valentine Avenue; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 105.) Mr. Hudson moved the adoption of Ordinance No. 34826-051500. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. REPORTS OF COMMITTEES: TRAFFIC-BUDGET-SIGNALS AND ALARMS-STREETS AND ALLEYS: Council Member Carroll E. Swain, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for signalization of the Plantation Road/Preston Avenue intersection. ~' The Bid Committee recommended that Council accept the bid of J. B. Mook'e Electrical Contractor, Inc., in the amount of $63,423.00, in a form to be approved by the City Attorney, with a project contingency of $8,000.00, and 90 consecutive calendar days for completion of the work; and authorize the Director of Finance to transfer $71,423.00 from 1999 bond Account No. 008-052-9709-9191, to a new account to be designated as Signalization of Plantation Road/Preston Avenue. 37,0 ACTION: ACTION: The City Manager concurred in the recommendation of the Bid Committee. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#34827-051500) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 106.) Mr. Swain moved the adoption of Ordinance No. 34827-051500. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. Mr. Swain offered the following emergency ordinance: (#34828-051500) AN ORDINANCE accepting the bid ofJ. B. Moore Electrical Contractor, Inc., for the signalization of Plantation Road/Preston Avenue, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 107.) Mr. Swain moved the adoption of Ordinance No. 34828-051500. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. 371 SIDEWALK/CURB AND GUTTER-BUDGET-STREETS AND ALLEYS: Council Member Carroll E. Swain, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for completion of the year 2000 paving program. The Bid Committee recommended that Council accept the bid of Adams Construction Company, in the amount of $1,952,443.10, in a form to be approved by the City Attorney, and establish a contingency of $64,350.00 and 180 consecutive calendar days for completion of the work; appropriate $300,000.00 in CMERP funding to Street Paving, Account No. 001-052-4120-2010; transfer $100,000.00 from Transfer to Capital Projects Fund (fiscal year 1999-2000) to Street Paving, Account No. 001-052-4120-2010; and reject all other bids received by the City. The City Manager concurred in the recommendation of the Bid Committee. ACTION: (For full text, see reports on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#34829-051500) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 108.) Mr. Swain moved the adoption of Ordinance No. 34829-051500. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. Mr. Swain offered the following emergency ordinance: (#34830-051500) AN ORDINANCE accepting the bid of Adams Construction Company for paving and profiling of various streets, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. 372 ACTION: ACTION: (For full text of Ordinance, see Ordinance Book No. 63, page 109.) Mr. Swain moved the adoption of Ordinance No. 34830-051500. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... O. SEWERS AND STORM DRAINS-BUDGET: Council Member Carroll E. Swain, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for construction of the Chesterton Street Sanitary Sewer Replacement project. The Bid Committee recommended that Council authorize the City Manager to execute a contract with J. P. Turner and Brothers, Incorporated, in a form acceptable to the City Attorney, in the amount of $80,015.00, with a project contingency of $7,985.00, and 90 days for completion of the work; reject all other bids received by the City; and authorize the Director of Finance to appropriate $98,000.00 from Sewer Fund Retained Earnings to a project account designated as "Chesterton Street Sewer Project" and provide for a project contingency and engineering of the project. The City Manager concurred in the recommendation of the Bid Committee. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#34831-051500) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Sewage Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 110.) Mr. Swain moved the adoption of Ordinance No. 34831-051500. The motion was seconded by Mr. Hudson and adopted by the following vote: ACTION: 373 AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. Mr. Swain offered the following emergency ordinance: (#34832-051500) AN ORDINANCE accepting the bid ofJ. P. Turner and Brothers, Incorporated, for installing approximately 1,000 feet of sewer main along Chesterton Street, upon certain terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance~ see Ordinance Book No. 63, page 111.) Mr. Swain moved the adoption of Ordinance No. 34832-051500. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: None. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: RAIL SERVICE: Mr. White advised that for a number of years, the Mayor has advocated the return of passenger rail service to the Roanoke Valley and to that end, he has met with officials in Washington, D. C. and Richmond, Virginia, to address the issue. He spoke in support of appointment of a committee to insure that the Roanoke Valley's interest in passenger rail service is protected, and advocated and that the Roanoke Valley is a part of any final decisions regarding funding. He suggested that Council appoint a Passenger Rail Service Study Committee composed of the following persons: 374 Mayor David A. Bowers City Manager Darlene L. Burcham Executive Director of Downtown Roanoke, Inc., R. Matthew Kennell State Senator John S. Edwards Council Member Carroll E. Swain Mr. White moved that Council appoint a Passenger Rail Study Committee composed of the above named individuals, the primary purpose of which will be to advocate passenger rail service to the Roanoke Valley and that the committee will serve for a period of three years from the date of appointment. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members White, Harris, Hudson, Swain and Mayor Bowers ........................................................................................ 5. NAYS: Council Member Wyatt ................................................ 1. Ms. Wyatt requested that the record reflect that not having had any previous discussions with Mr. White regarding the motion, and this being her first knowledge of the proposal to appoint a Passenger Rail Study Committee, she could not support the motion. Mayor Bowers and Council Member Swain advised that they would serve at the pleasure of the current Council and the incoming Council as of July 1, 2000. ROANOKE NEIGHBORHOOD PARTNERSHIP: Vice-Mayor Harris advised that in the past, Council has participated in neighborhood tours and requested that the City Manager work with the Roanoke Neighborhood Partnership Steering Committee to reinstate late afternoon neighborhood tours within the next 30 - 60 days. Without objection by Council, the Mayor advised that the matter would be referred to the City Manager. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 5:55 p.m., the Mayor declared the meeting in recess. At 6:50 p.m., the meeting reconvened in the Council Chamber with all Members of the Council in attendance, Mayor Bowers presiding. ACTION: ACTION: 375 COUNCIL: With respect to the Closed Meeting just concluded, Mr. Swain moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. OATHS OF OFFICE-COMMITTEES-ROANOKE VALLEY RESOURCE AUTHORITY: The Mayor advised that there is a vacancy on the Roanoke Valley Resource Authority Board of Directors created by the resignation of Kit B. Kiser, and called for nominations to fill the vacancy. Mr. Swain placed in nomination the name of Robert K. Bengtson. There being no further nominations, Mr. Bengtson was appointed as a City Representative to the Roanoke Valley Resource Authority Board of Directors, for a term ending December 31, 2000, by the following vote: FOR MR. BENGTSON: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .................. -"- ............................ 6. At 6:53 p.m., the Mayor declared the meeting in recess until 7:00 p.m. On Monday, May 15, 2000, at 7:00 p.m., the Roanoke City Council reconvened in regular session in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding. 376 PRESENT: Council Members William White, Sr., Linda F. Wyatt, Wendell H. Butler (officially took his seat on Council to fill the unexpired term of James O. Trout, deceased, ending June 30, 2000), C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain and Mayor David A. Bowers .......................................................................... 7. ABSENT: None ................................................................... 0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Vice- Mayor C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Cub Scouts, Pack #1, First Presbyterian Church. LOCAL COLORS: Ms. Pearl Fu, representing the Roanoke Region, National Conference for Community and Justice, the organization that adopted Local Colors, advised that the year 2000 Local Colors celebration will be bigger and better, having grown from only four countries ten years ago to over 60 countries to be represented in the year 2000 celebration. She invited Council Members to attend activities on Sunday, May 21, 2000 from 12:00 noon until 5:00 p.m., on the City Market and inside Center in the Square; whereupon she introduced some of the participants who were dressed in native costume. Wendy Moore, Executive Director, NCC J, expressed appreciation to Council for a grant through the Citizen Services Committee that will allow Local Colors to be a year round program by conducting training sessions with teachers in Roanoke Valley schools, and workplace diversity activities for inner faith programs. PUBLIC HEARINGS: ZONING: Pursuant to Resolution No. 25523 adopted by the Council orr Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 15, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Mr. and Mrs. A. Dean Wilson that a 0.34 acre tract of land located at 4301 - 4305 Appleton Avenue, N. W., identified as Official Tax No. 6380108, be ACTION: 377 rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial 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 Thursday, April 27 and Thursday, May 4, 2000, and in The Roanoke Tribune on Thursday, May 4, 2000. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission recommending that the request be approved, advising that rezoning the small strip of land is reasonable and will have no adverse effect on the adjacent residential area, was before Council. (For full text, see report on file in the City Clerk's Office.) Mr. Harris moved that the following ordinance be placed upon its first reading: (#34833) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 638, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 63, page 130.) The motion was seconded by Mr. Hudson.. The Mayor inquired if there were persons present who would like to address Council with regard to the request. There being none, Ordinance No. 34833 was adopted, on its first reading, by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Butlerand Mayor Bowers ............................................................... 7. NAYS: None ....................................................................... 0. 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, May 15, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Consultants in Cardiology Services, Inc., that a tract of land located on the north side of Franklin Road, S. W., identified as Official Tax No. 1280602, be 378 ACTION: rezoned from LM, Light Manufacturing District, to C-2, General Commercial 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 Thursday, April 27 and Thursday, May 4, 2000, and in The Roanoke Tribune on Thursday, May 4, 2000. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the petitioner proposes to use the site as a medical facilities complex consisting of medical clinics, offices, laboratories and related retail and medical service establishments, was before Council. The City Planning Commission recommended that Council approve the request, subject to certain proffered conditions. (For full text, see report on file in the City Clerk's Office.) Daniel F. Layman, Jr., Attorney, appeared before Council in support of the request of his client. Mr. White moved that the following ordinance be placed upon its first reading: (#34834) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 128, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 63, page 131.) The motion was seconded by Mr. Swain. The Mayor inquired if there were persons present who would like to address Council with regard to the request. There being none, Ordinance No. 34834 was adopted, on its first reading, by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Butler and Mayor Bowers ................................................................ 7. NAYS: None ....................................................................... 0. ACTION: 379 PARKS AND RECREATION-ROANOKE VISION, COMPREHENSIVE DEVELOPMENT PLAN: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 15, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke that the City's Comprehensive Development Plan for Roanoke, an element of Roanoke Vision, be amended to include the Parks Master Plan as an element of said Plan, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, April 30, 2000, and Sunday, May 7, 2000. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission recommending that Council approve the Comprehensive Parks and Recreation Master Plan and formally adopt the Plan as an element of the City's Comprehensive Plan, Roanoke Vision, was before Council. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following resolution: (#34835-051500) A RESOLUTION approving the Comprehensive Parks and Recreation Master Plan, and amending Roanoke Vision, the City's Official Comprehensive Development Plan for Roanoke, to include the Comprehensive Parks and Recreation Master Plan. (For full text of Resolution, see Resolution Book No. 63, page 112.) Mr. Hudson moved the adoption of Resolution No. 34835-051500. The motion was seconded by Mr. Swain. The Mayor inquired if there were persons who would like to address the matter; whereupon, the following persons appeared before Council. Ms. Kathy Hill, 509 Arbor Avenue, S. E., expressed concern that the Parks Master Plan does not identify what is to be done in specific parks, but instead summarizes overall plans for Roanoke's parks. She added that the report does not refer to parks like Piedmont, Morningside, and Eureka which were not referred to in the last Parks Master Plan and the City is about to embark on another five to ten year plan that makes no mention of those parks. She referred to two specific neighborhoods that do not have parks: Edgewood/Morwanda Summit 380 off Melrose Avenue and the Ridgewood neighborhood. She advised that some parks have restroom facilities, lighting, playground equipment, new signs, etc., while other City parks do not have the same amenities, and some neighborhoods apply for mini grants through the Roanoke Neighborhood Partnership to address their needs. She stated that Piedmont Park does not have a basketball court, a baseball diamond, or a soccer field, etc., the park caters to children ages two through ten and beyond age ten, there is nothing for children to do because they prefer a hard surface to play on; therefore, she requested that the goals for Piedmont Park be addressed through the Parks Master Plan. She called attention to previous discussions about spending millions of dollars to replace Victory Stadium, and advised that Victory Stadium should be renovated and the remainder of the funds should be used to upgrade some of Roanoke's parks. Beverly T. Fitzpatrick, Jr., Chairperson, Citizens Advisory Committee for the Parks and Recreation Master Plan, advised that Ms. Hill has expressed some of the concerns that were expressed by the Citizens Advisory Committee and the 1100 citizens that participated in the Parks Master Plan study. He explained that it was not the intent of the study to decide which parks would be closed, or which parks would receive ir~dividual playgrounds; however, once Council approves the Master Plan, Phase I will involve such issues as equity and safety to insure that amenities are distributed appropriately to all parks throughout the City. The Mayor requested that the Director of the Department of Parks and Recreation meet with Ms. Hill to discuss her concerns. Resolution No. 34835-051500 was adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Butler and Mayor Bowers ............................................................... 7. NAYS: None ....................................................................... 0. PURCHASE/SALE OF PROPERTY-CITY PROPERTY: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 15, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to convey, by quitclaim deed, portions of City owned property located adjacent to the tracks of Norfolk Southern Railway Company between Second Street and South Jefferson Street, the matter was before the body. ACTION: 381 Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, May 7, 2000. (See publisher's affidavits on file in the City Clerk's Office.) Mr. Swain moved that the following ordinance be placed upon its first reading: (#34836) AN ORDINANCE authorizing the conveyance by quitclaim deed to adjacent landowners any interest the City may have in the residual portions of properties located to the rear of Warehouse Row, adjacent to the railroad tracks of Norfolk Southern Railway Company, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 63, page 133.) The motion was seconded by Mr. Hudson. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 34836 was adopted, on its first reading, by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Butler and Mayor Bowers ................................................................ 7. NAYS: None ....................................................................... 0. BONDS/BOND ISSUES-FLOOD REDUCTION/CONTROL: Pursuant to instructions by Council and Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 15, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke that Council approve a resolution authorizing the City to contract a debt and issue general obligation public improvement bonds of the City, in the principal amount of $7,500,000.00, for the purpose of providing funds to defray the cost of the Roanoke River Flood Reduction Project; a needed permanent public improvement, including, without limitation, channel widening, construction of protective dikes or berms in critical areas, flood proofing of certain buildings at the City's Sewage Treatment Plant, replacement of Iow water bridges, construction of a recreational trail and acquisition and construction of a flood warning system, and acquisition of real property for the foregoing: the general obligation public improvement bonds authorized for issuance under the proposed resolution are to be issued under the 382 ACTION: Public Finance Act of 1991, Title 15.2, Chapter 26, of the Code of Virginia, 1950, in lieu of and in substitution for, and not in addition to the general obligation bonds approved for issuance under the Charter of the City of Roanoke at the special election held in the City on April 11, 1989, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, May 1,2000, and Monday, May 8, 2000. (See publisher's affidavits on file in the City Clerk's Office.) Mr. Hudson offered the following resolution: (#34837-051500) A RESOLUTION authorizing the issuance and sale of seven million five hundred thousand dollars ($7,500,000.00) principal amount of City of Roanoke, Virginia, general obligation public improvement bonds; fixing the form, denomination and certain other details of such bonds; authorizing the preparation of a preliminary official statement and an official statement and the distribution thereof and the execution of a certificate relating to such official statement; authorizing the execution and delivery of a continuing disclosure certificate relating to such bonds; otherwise providing with respect to the issuance, sale and delivery of such bonds; and authorizing and providing for the issuance and sale of a like principal amount of general obligation public improvement bond anticipation notes in anticipation of the issuance and sale of such bonds. (For full text of Resolution, see Resolution Book No. 63, page 113.) Mr. Hudson moved the adoption of Resolution No. 34837-051500. The motion was seconded by Mr. Swain. Thr Mayor inquired if there were persons presentwho would like to address the matter whereupon, Elizabeth Belcher, Roanoke Valley Greenways Coordinator, advised that many persons from all walks of life use and enjoy the Roanoke River for recreation and Roanoke should not lose site of the valuable resource that it has in the Roanoke River. As the City moves forward with the flood reduction project, she requested the following: (1) continue to review the project critically to insure that the Roanoke River continues to be a river and not a storm water management facility; and (2) that the greenway project not be forgotten and that the City find ways to construct the greenway in conjunction with the flood control project which will be the most economical way to address the matter. 383 Resolution No. 34837-051500 was adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Butler and Mayor Bowers ................................................................ 7. NAYS: None ....................................................................... 0. CITY CODE-ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 15, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke to amend and revise Sec. 36.1-693, Notice of hearing, of the Code of the City of Roanoke (1979), as amended, to provide for certain forms of notification of the owners of property which is subject to a rezoning, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, April 30, 2000, and Sunday, May 7, 2000. A report of the City Planning Commission advising that a massive rezoning of over 1,100 properties in Greater Raleigh Court was undertaken by the Planning Commission in December, 1999, which required the individual posting of each property that was proposed for rezoning; this posting, or notice of hearing for the Planning Commission, was required by the City's zoning regulations and is in addition to the individual mailing notice to property owners and legal advertising requirements (two ads) stipulated by the Code of Virginia; and the posting activity in Greater Raleigh Court required several days' work for approximately 15 City staff in preparing and placing notices on the subject properties. It was further advised that future rezonings of similar size may occur in the future to correct zoning and land use patterns in accordance with prepared neighborhood plans; in an effort to modify this labor intensive effort to one that is more reasonable to implement, the Planning Commission considered a request to amend the zoning ordinance; and two alternatives were considered, i.e.: (1) eliminate the provision entirely or (2) require the individual posting of properties, if they were 25 or less in number, and the posting of notices at street intersections if greater than 25 properties are affected. It was explained that on February 22, 2000, these alternatives were shared with 28 City neighborhood leaders in the form of a letter requesting comments; staff received two comments from Evelyn Bethel, representing Historic Gainsboro, who advocated the alternative 384 that required posting of 25 properties or less and posting any higher number at intersections and Bill Bestpitch, representing Old Southwest, Inc., who advocated the posting of all properties, regardless of the number; and the matter was also discussed at a President's Council meeting in March and received general support from those in attendance for the change that allowed posting at intersections for properties greater than 25. The City Planning Commission recommended that Council approve a zoning ordinance amendment for the posting of properties for Planning Commission public hearings; the revised provision will continue to provide for posting of hearings before the Planning Commission; if there are 25 or less properties involved, each property would be posted; however, if there are more than 25, street intersections would be posted notifying the public of the hearing; and these notices will be in addition to written notification of all affected property owners and two legal advertisements, as required by State law. (For full text, see report on file in the City Clerk's Office.) The Mayor inquired if there were persons in attendance who would like to address the matter; whereupon, the following persons spoke. Mr. William D. Bestpitch, 381 Washington Avenue, S. W., referred to the report of the City Planning Commission which states that two alternatives were under consideration and further states that on February 22, 2000, the two alternatives were shared with 28 City leaders in the form of a letter requesting their comments. He advised that his copy of the letter dated February 22, 2000, requested comments on the first alternative, however, the second alternative was not included, nor was it communicated at any other subsequent time, therefore, he could not say whether Old Southwest, Inc., as an organization, would support or oppose the alternative that is presently before Council to post the notice of rezoning of property at intersections of 25 properties or more. He stated that in the interest of better communication with citizens and neighborhood groups, good practice would dictate that they be copied on reports of the City Planning Commission so they will know that the information which is being presented to Council represents their involvement. Mr. James Armstrong, 619 Highland Avenue, S. W., advised that the proposal stems from notification requirements relative to the major zoning change that Council approved in Raleigh Court. He stated that 385 he was impressed with the Raleigh Court proposal as it worked its way through the process and the degree to which the current notice requirements did an effective job in communicating the character and magnitude of the proposed zoning change to adjoining property owners and to other members of the Raleigh Court neighborhood who may or may not have been involved with the neighborhood association and to those who do not live in Raleigh Court who were not as familiar with the proposal. He advised that having worked in local government for a number of years, he understands the nuisance that notice requirements represent for Planning Departments and City Planning Commissions, but in the case of a zoning change such as the Raleigh Court issue, the nuisance was worth the effort because it did a good job in keeping persons informed of the changes that were being proposed. He added that the alternative he is familiar with would not accomplish that end and agreed with Mr. Bestpitch that he was unaware of another alternative until this evening. Although it represents somewhat of a compromise, he stated that he does not believe that posting notices at corners of City blocks would be as effective in communicating a large zoning change as was the procedure that was used in the Raleigh Court rezoning. He advised that he supports the concept of making local government as efficient as possible, but current notification requirements have done a good job in terms of keeping persons informed. Ms. Wyatt offered a substitute motion that the matter be referred back to the City Planning Commission for further study, report and recommendation to Council. The motion was seconded by Mr. Harris and adopted. CITY CODE-BUILDINGS/BUILDING DEPARTMENT-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, May 15, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke to amend and revise Sec. 36.1-590, Generally, Sec. 36.1-593, Nonconforming structures, and Sec. 36.1-594, Nonconforming uses of structures, of the Code of the City of Roanoke (1979), as amended, to permit the reconstruction, but not enlargement, of a nonconforming structure in the event of any damage to the structure from fire, flood or other natural disaster, and to permit the continuation of the residential use of a structure in the event of any damage to the structure from fire, flood or other natural disaster, under certain circumstances, the matter was before the body. 386 Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, April 30, 2000, and Sunday, May 7, 2000. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission recommending that Council approve the proposed amendment, was before the body. ACTION: Mr. Hudson moved that the following ordinance be placed upon its first reading: (#34838) AN ORDINANCE amending Sec. 36.1-590, Generally, §36.1-593, Nonconforming structures, and §36.1-594, Nonconforming uses of structures, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to regulate nonconforming structures and nonconforming uses of structures. (For full text of Ordinance, see Ordinance Book No. 63, page 133.) The motion was seconded by Mr. Harris. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 34838 was adopted, on its first reading, by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Butler and Mayor Bowers ............................................................... 7. NAYS: None ....................................................................... 0. CITY CODE-ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 15, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke to amend and revise Sec. 36.1-25, Definitions, Sec. 36.1-126, Permitted uses, Sec. 36.1-145, Permitted uses., Sec. 36.1-511, General requirements for all day care centers, and Sec. 36.1-512, Day care homes, of the Code of the City of Roanoke (1979), as amended, to broaden the application of the Zoning Ordinance to include day care homes in which care is provided for up to and including six children, to reduce the amount of required outdoor play area for day care centers in all districts other than residential districts, and to require that certain day care centers be at least 1,500 feet apart, the matter was before the body. ACTION: 387 Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, April 30, 2000 and Sunday, May 7, 2000. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission recommending that Council approve the proposed amendments, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. Harris moved that the following ordinance be placed upon its first reading: (#34839) AN ORDINANCE amending §36.1-25, Definitions, subsection (5) of§36.1-126, Permitted uses, subsection (6) of §36.1-145, Permitted uses, subsections (a) and (b) of §36.1-511, General requirements for all day care centers, and subsection (a) of §36.1-512. Day care homes, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to broaden the application of the zoning ordinance to include day care homes in which care is provided for up to and including six children, to reduce the amount of required outdoor play area for day care centers in all districts other than residential districts, and to require that certain day care centers be at least fifteen hundred (1,500) feet apart. (For full text of Ordinance, see Ordinance Book No. 63, page 136.) The motion was seconded by Mr. Swain. The Mayor inquired if there were persons present who would like to address Council with regard to the proposed amendment. There being none, Ordinance No. 34839 was adopted, on its first reading, by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Butler and Mayor Bowers ................................................................ 7. NAYS: None ....................................................................... 0. 388 REPORTS OF COMMITTEES: STREET NAMES-STREETS AND ALLEYS: A report of the City Planning Commission recommending denial of the request of V. Wolfe, President, Gainsboro Neighborhood Alliance, to rename an existing public street know as Cherry Avenue, N. W., to Gainsboro Hill, N. W., was before Council. It was advised that there is another street bearing the name Cherry Street in the Roanoke Valley Metropolitan Area; this street, however, is located in the City of Salem; in the City of Roanoke, there is currently an existing "Cherry Hill Road" and a "Cherry Hill Circle", which streets are located in the northwest section of the City; the subject street, Cherry Avenue, N. W., rises in a steep incline from its intersection with McDowell Avenue, and the land on which the street section is located is situated at a higher elevation than lands to the east and south; the street and the properties adjacent to the street are located on a "hill" and the street is in alignment with a one-block section of Chestnut Avenue, N. W., which extends from the other side of 5th Street, N. W., in a westerly direction; and if the proposed new street name is extended for purposes of street name continuity, to include this one-block section of street will require address changes for 20 or more existing residences. The City Planning Commission recommended that Council deny the request to rename the existing public street, Cherry Avenue, N. W., to the new name of Gainsboro Hill, N. W. (For full text, see report on file in the City Clerk's Office.) The Mayor inquired if a member of Council would like to offer a resolution, changing the name of Cherry Hill Avenue, N. W., to Gainsboro Hill, N. W., to which there was no response; therefore, the request was denied. STREET NAMES-STREETS AND ALLEYS: A report of the City Planning Commission recommending approval of the request of Molly T. Dodson for the City to assign an official name to a certain public alley as the same extends through Block 60, between 22nd Street and 23rd Street, S. W., was before Council. It was advised that according to the City's real estate records, there are four residences in building 2217 and three residences in building 2221, all of which front upon the public alley at the rear of the building complex; Section 36.1-406 (Zoning) of the Code of the City of ACTION: 389 Roanoke (1979), as amended, provides that "Every building hereafter erected or moved shall be on a lot which has frontage on an improved public street"; this section further provides that "All structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and off-street parking"; the subject development is located on a single lot with frontage on a public street (Jefferson Street) and therefore, meets City regulations; however, addressing for the two buildings on the alley presents confusion and should be resolved; no improvements to the alley are required and Section 15.2-2019, Code of Virginia (1950), as amended, authorizes a locality to name its streets, roads and alleys. The City Planning Commission recommended that Council approve the request to officially name and designate the public alley extending through Block 60, between 22nd Street and 23rd Street, S. W., as "Jefferson Mews, S. W.". (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following resolution: (#34840-051500) A RESOLUTION authorizing the City Manager to officially name public right-of-way located within the City. (For full text of Resolution, see Resolution Book No. 63, page 125.) Mr. Swain moved the adoption of Resolution No. 34840-051500. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Butler and Mayor Bowers ................................................................ 7. NAYS: None ....................................................................... 0. STREET NAMES-BRIDGES: A report of the City Planning Commission recommending denial of the request of Evelyn D. Bethel, President, Historic Gainsboro District, Inc., to rename a certain portion of 2nd Street, S. W., from its intersection with Salem Avenue to its intersection with Day Avenue, to the new name of Gainsboro Road, S. W.; and further recommending approval of the request to rename the new bridge spanning the Norfolk Southern Railway lines, between Salem Avenue and the Gainsboro neighborhood, Gainsboro Bridge, was before Council~ 390 It was advised that the City's street naming policy and procedure provides that in any case where a name for a new street is proposed or a new name for an existing street is proposed, such names should relate to one or more of the following elements: 2. 3. 4. Area of the street location; Historical relationship to the area; Name of a deceased, noted person, related to the area; or Any other suitable name that is considered by the City Manager or the community to be fitting, applicable and in compliance with all other street naming guidelines. It was explained that extending the street name, Gainsboro Road, from Salem Avenue to Day Avenue would be consistent with one element of the City's street naming policy, as it would promote street name continuity; historically, however, the City has not previously undertaken, without due justification, the renaming of existing public streets and requiring property owners, businesses or residents to change their existing addresses for purposes of establishing street name continuity; only in cases where multiple street names have been the subject of consistent complaints related to recurring mail delivery problems or other general confusion of locations, has the City acted to re-establish street name continuity; the southernmost boundary of the Greater Gainsboro community is the Norfolk Southern railway lines, adjacent to Salem Avenue, S. W.; the northernmost boundary of the Greater Gainsboro community is Orange Avenue/U. S. 460 East; the relatively recent realignment of certain older and former street rights-of- way between these two boundaries was, without any hesitation, promptly and appropriately assigned the unified name of Gainsboro Road, because of the direct historical relationship of the name to the area surrounding the newly aligned street; however, the name, Gainsboro, does not directly relate to the land areas surrounding the subject section of 2nd Street, S. W., and City staff has been unable to locate or identify any historical relationship that the proposed name would have with the areas surrounding this section of 2nd Street, S. W. Itwas further explained that a change in the existing street name will require a change in address for a number of entities that front upon this section of 2nd Street, S. W., and also create a gap or break in the long standing grid of numerical designations for north/south street alignments in the downtown area; the request to extend the street name, Gainsboro Road, to Day Avenue, S. W., would provide a more pronounced identification and public awareness of the Historic Gainsboro District; however, it would not provide any level or degree of improvement in street name identification for either the owners of 391 properties abutting the subject'section of 2nd Street, S. W., or the public at large, that would justify the inconvenience and costs of address changes that would be effected upon the abutting property owners and businesses; the new bridge spanning the Norfolk Southern Railway lines by reason of its location and alignment, is a natural and functional part of both Gainsboro Road, N. W., and the Greater Gainsboro community; and if no other name is currently being considered by Council, the name Gainsboro should be considered as an appropriate name for the new bridge. The City Planning Commission recommended that Council deny the applicant's request to rename the described section of 2nd Street, S. W., Gainsboro Road, S. W., and further recommended that Council approve the request to rename the new bridge, Gainsboro Bridge. (For full text, see report on file in the City Clerk's Office.) The Mayor inquired if a Member of Council would like to offer a measure renaming that section of 2nd Street, S. W., from its intersection from Salem Avenue to its intersection with Day Avenue, S. W., Gainsboro Road, S. W., to which there was no response; therefore, the request was denied. The Mayor further inquired if a Member of Council would like to offer a measure naming the new bridge spanning the Norfolk Southern Railway lines, between Salem Avenue and the Gainsboro neighborhood, Gainsboro Bridge, to which there was no response; therefore, the request was denied. OTHER HEARING OF CITIZENS: TRAFFIC-STREETS AND ALLEYS: Daniel Brugh, representing Brugh's Body Shop, located at the corner of 10th Street and Moorman Road, N. W., read a prepared statement expressing certain concerns with regard to the widening of 10th Street, advising that of the 19 persons who addressed Council at its meeting on April 17, 2000, few of those individuals live in the corridor of traffic and will not have their lives directly affected. He stated that the information that was presented by Virginia Department of Transportation officials four years ago does not portray a quiet, picturesque 10th Street neighborhood in the future; 10th Street is, and will continue to be, a main traffic artery between southwest and northeast Roanoke; currently the southern end of 10th Street is not a quiet neighborhood, but a commercially-zoned district with heavy truck traffic and this traffic must use the four-lane 10th Street Bridge to a three-block long bottleneck to access Route 460 392 East and West or 1-581 North and South. He advised that the industrial area off Andrews Road has certain areas designated for commercial development; and properties along the southern end of 10th would be prime locations for investment if infrastructure is sufficient to accommodate future traffic patterns. Mr. Brugh stated that neighborhoods are a very important part of the life of a city, but jobs, development and a growing tax base keep a city from wilting. (For full text, see statement on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the remarks would be referred to the City Manager to meet with Mr. Brugh to discuss his concerns. There being no further business, the Mayor declared the meeting adjourned at 8:27 p.m. City Clerk APPROVED David A. Bowers Mayor 393 SPECIAL SESSION ...... ROANOKE CITY COUNCIL May 17,2000 10:00 a.m. The Council of the City of Roanoke met in special session on Wednesday, May 17, 2000, at 10:00 a.m., in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Section 10, Meetings of Council, of the Charter of the City of Roanoke. PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain, William White, Sr., Wendell H. Butler and Mayor David A. Bowers ............... 6. ABSENT: Council Member Linda F. Wyatt- .................................................. 1. OFFICERS PRESENT: Darlene L. Burcham, City Manager; Gary Tegenkamp, Assistant City Attorney; 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 Bowers. COUNCIL: The Mayor referred to the following communication calling the special meeting of Council for the purpose of convening in Closed Meeting to discuss a matter relating to acquisition of real property for public purposes: "May 16,2000 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Vice-Mayor Harris and Members of Council: Pursuant to §10, Meetings of Council of the Charter of the City of Roanoke, I am calling a Special Meeting of City Council to be held at 10:00 a.m., on Wednesday, May 17, 2000, in the City Council Chamber, for the purpose of a Closed Meeting to discuss acquisition of real 394 property for public purposes, pursuant to §2.1-344.A.3, Code of Virginia (1950), as amended, and to meet thereafter in open session to take certain actions relating thereto. Sincerely, David A. Bowers Mayor DAB:MFP:ec CC: The Honorable Ralph K. Smith, Mayor-Elect The Honorable William H. Carder, Vice-Mayor-Elect The Honorable William D. Bestpitch, Council Member-Elect Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Robert H. Bird, Municipal Auditor Willard N. Claytor, Director, Real Estate Valuation Mr. Hudson moved that Council convene in a Closed Meeting to discuss specific legal matters requiring the provision of legal advice by counsel, pursuant to Section 2.1-344 (A) (3) Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, White, Butler and Mayor Bowers ......................................................................... 6. NAYS: None ....................................................................... -0. (Council Member Wyatt was absent). At 10:05 a.m., the Mayor declared the meeting in recess. At 10:40 a.m., the Special Meeting reconvened in the City Council Chamber, all Members of the Council were in attendance, with the exception of Council Member Wyatt, Mayor Bowers presiding. COUNCIL: Mr. Swain moved that each Member of Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the 395 Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, White, Butler and Mayor Bowers ......................................................................... -6. NAYS: None .................................................................... -0. (Council Member Wyatt was absent.) HOUSING/AUTHORITY-ECONOMIC DEVELOPMENT-INDUSTRIAL DEVELOPMENT AUTHORITY-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM-HOSPITALS: Mr. Harris offered the following resolution: ACTION: (#34841-051700) A RESOLUTION authorizing execution of a Cooperation Agreement between the City of Roanoke and the Roanoke Redevelopment and Housing Authority to provide for a study, preparation and research required to be performed in connection with establishment of a redevelopment area in a certain portion of the City. (For full text of Resolution, see Resolution Book No. 63, page 126.) Mr. Harris moved the adoption of Resolution No. 34841-051700. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Butler and Mayor Bowers ............................................................................. 5. NAYS: None ..................................................................... 0. (Council Member White abstained from voting and Council Member Wyatt was absent.) Mr. Harris offered the following resolution: (#34842-051700) A RESOLUTION authorizing the negotiation of one or more performance agreements by and among the City of Roanoke ("City"), Carilion Health System ("Carilion"), Carilion Biomedical Institute ("CBI"), the Roanoke Redevelopment and Housing Authority ("RRHA"), the Fifth District Employment and Training 396 Consortium ("FDETC") and/or the Industrial Development Authority of the City of Roanoke, Virginia ("IDA") for the creation of a new redevelopment area within the City, the construction of certain public improvements within this area, the provision of certain incentives by the City to developers within the redevelopment area, the creation within the redevelopment area of a certain number of new jobs, and the construction of tax producing facilities therein by Carilion and/or CBI. (For full text of Resolution, see Resolution Book No. 63, page 127.) ACTION: Mr. Harris moved the adoption of Resolution No. 34842-051700. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Butler, and Mayor Bowers ............................................................................. 5. NAYS: None .0. (Council Member White abstained from voting and Council Member Wyatt was absent.) There being no further business, the Mayor declared the special meeting adjourned at 10:45 a.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 397 REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL June 5, 2000 12:15 p.m. The Council of the City of Roanoke met in regular session on Monday, June 5, 2000, at 12:15 p.m., the regular meeting hour, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor David A. Bowers presiding, pursuant to Rule 1, Reqular Meetinqs, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain, William White, Sr., Linda F. Wyatt, Wendell H. Butler and Mayor David A. Bowers ............. 6. ABSENT: Vice-Mayor C. Nelson Harris .................................................... 1. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. At 12:17 p.m., the Mayor declared the meeting in recess. At 12:25 p.m., the meeting reconvened in the Emergency Operations Center Conference Room, Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, in a joint session of Roanoke City Council and the Roanoke County Board of Supervisors, with Mayor David A. Bowers and Chairman Joseph P. McNamara presiding. ROANOKE CITY COUNCIL MEMBERS PRESENT: W. Alvin Hudson, Jr., Carroll E. Swain, William White, Sr., Linda F. Wyatt, Wendell H. Butler and Mayor David A. Bowers ............................................................................................ 6. ROANOKE CITY COUNCIL MEMBERS ABSENT: Vice-Mayor C. Nelson Harris-1. ROANOKE COUNTY BOARD OF SUPERVISORS PRESENT: Joseph B. Church, Bob L. Johnson and Chairman Joseph P. McNamara ........................................... 3. ROANOKE COUNTY BOARD OF SUPERVISORS ABSENT: H. Odell Minnix and Harry C. Nickens ............................................................................................. 2. 398 OTHERS PRESENT: Representing the City of Roanoke: Darlene L. Burcham, City Manager; James D. Ritchie, Sr., Deputy City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; Mary F. Parker, City Clerk; Willard N. Claytor, Director, Real Estate Valuation; Kit B. Kiser, Assistant City Manager for Operations; Glenn D. Radcliffe, Director, Human Development; James Grigsby, Fire Chief; Christopher Slone, Public Information Officer; James Lester, Jr., Environmental Administrator; Troy Harmon, Assistant Municipal Auditor; William D. Bestpitch, Council Member-Elect and Ralph K. Smith, Mayor-Elect; Representing Roanoke County: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Dan O'Donnell, Assistant County Administrator; John M. Chambliss, Assistant County Administrator; Mary H. Allen, Clerk to the Board; Richard E. Burch, Jr., Fire Chief; and Gary Robertson, Director of Utilities. Following lunch, the business session convened at 12:50 p.m. It was agreed that no items would be added to or deleted from the printed agenda. HOUSEHOLD HAZARDOUS WASTE CLEAN-UP DAY-REFUSE COLLECTION: Mr. Ritchie advised that on Saturday, June 17, 2000, from 8:00 a.m. until 2:00 p.m., on the parking lot at the Roanoke Civic Center, a Valley-wide household hazardous materials clean-up day will be held at which time citizens are encouraged to bring hazardous household materials to the Roanoke Civic Center for disposal. He stated that the activity is sponsored by the City of Roanoke, and is supported by all of the Roanoke Valley governments, the Clean Valley Committee, the Roanoke Valley Resource Authority, and the localities of Roanoke County, Botetourt County, City of Salem and Town of Vinton will participate in either in-kind services or monetary support. He explained that the City of Roanoke, in its agreements with the State and Federal governments regarding the clean-up of toxic wastes at the Public Works Service Center, committed to spend $320,000.00 over the next few years for hazardous household waste clean up; and a certified waste disposal company will be on site at the Civic Center to collect the items for shipment out of state to a proper disposal facility. He introduced James Lester, Environmental Specialist for the City of Roanoke, who will coordinate the program. WATER RESOURCES: Mr. Kiser called attention to the work of a regional committee, composed of representatives from the Roanoke Valley governments, that was appointed for the purpose of reviewing long range water supply demands of the Roanoke Valley. He stated that the committee, working in conjunction with the Executive Director of the Roanoke Valley-Allegheny Regional Commission, will cause a request for proposals to be advertised for consulting services to compile certain essential information needed in connection with the study. He advised that atthe City Council meeting later today, Council will be requested to award a contract for the drilling of two production wells and one recreational well in the City of Roanoke. He stated that approximately one month ago, the Crystal Springs Pumping 399 Station was taken out of service due to the need for a new filter system, and it is hoped to have Crystal Spring back in service in approximately 18 months. He advised that the demand for water from Carvins Cove has been reduced considerably from last year because of the interjurisdictional agreement, and 16.5 million gallons of water per day is the current demand on Carvins Cove. He stated that the 16 inch pipeline along Lock Haven Road is about 1200 - 1300 feet complete and expressed appreciation to Roanoke County for its assistance. JUVENILE CORRECTIONAL FACILITIES: Mr. Chambliss advised that on Friday, June 2, 2000, the majority of the records and operational equipment was moved to the new detention center as a part of Phase I of the project, and on Friday afternoon, juveniles were moved to the new bed space in the facility. He stated that in July construction will begin on Phase II with final construction to be completed in July 2001. He explained that Phase I included the construction of four pods composed of a total of 58 beds and one of the ten bed pods will be used for intake and administrative purposes while Phase II construction is ongoing. He advised that user fees are administered on a per diem basis for beds and the service agreement provides for a guaranteed number of beds for each of the participating jurisdictions; however, any unused bed space can be rented by a participating jurisdiction or another locality throughout the state which helps to address operating costs as well as debt service on the facility. He noted that the facility will be developed under two phases and a reimbursement from the State will be requested on the two phases so as to minimize the amount of interest on debt service. He explained that following completion of the second phase, the facility will contain a total of 81 beds, and staff has engaged in extensive training. FIRE DEPARTMENT: Mr. Burch presented a history of the Regional Fire/EMS Training Facility, which is a concept that was discussed as early as 1985, but for various reasons did not materialize. He stated that the idea resurfaced at a later date and led to numerous meetings of Fire Chiefs from Roanoke County, Salem, Roanoke City and Vinton; the concept is moving forward, and a legal agreement was entered into by all four localities in conjunction with their respective legal departments. He explained that the cost of the project has been divided four ways between the four localities on a percentage basis; each locality will be responsible for its portion of costs, a loan has been obtained which will be repaid though a State grant, no local tax dollars will be invested in the project, and a contract was awarded to United States Construction Company in August 1999. Chief Grigsby advised that in August 1999, a contract was awarded for $1.9 million to construct a 17,000 square foot facility located on the Kessler Mill Road site because the land was already committed for fire and rescue purposes. He stated that when the building is completed, classroom facilities will be available for approximately 120 students, along with office space for seven to eight staff persons, a library, weight room, and training room. He added that construction is' on schedule, with only $20,000.00 in change orders on a $1.9 million project. He 400 advised that although the project is estimated at $1.9 million for construction, including other infrastructure improvements, the facility will be about a $3 million complex when completed. He stated that the local governments plan to take possession of the facility on July 9, with a ribbon cutting in late August. ANIMALS/INSECTS: Mr. Chambliss advised that approximately two years ,the Roanoke Valley Society for the Prevention of Cruelty to Animals notified the Roanoke Valley governments of its intent to discontinue impoundment services once its new capital facility is completed, and its primary efforts would be geared toward education and pet adoption services. Since that time, he stated that the SPCA has obtained bids for construction of the facility and bids were higher than was anticipated; therefore, SPCA officials reconsidered their previous decision and agreed to serve as an impoundment facility as well. He called attention to meetings of SPCA officials with Roanoke Valley governmental representatives to discuss impoundment facilities and operation which resulted in a proposed two year operating contract whereby the SPCA would continue to provide impoundment facilities and euthanasia of animals until such time as a new facility is constructed. He discussed meetings that were held with the architect and SPCA officials to discuss the type of facility that is proposed by the SPCA and the type of facility that would be needed for a regional operation by Craig County, Botetourt County, Roanoke County, the Town of Vinton and the City of Roanoke. He explained that Craig County plans to move its operation to the City of Salem, which is also beginning to review an upgrade to its existing site; however, the property is not such that it would allow construction of a regional facility; therefore, Craig County has chosen not to participate in future discussions with Roanoke Valley governments regarding a regional pound facility. By adopting a two year operating agreement, he stated that the localities can continue their working relationship with the SPCA while a regional pound facility is designed. He explained that the estimate of the architect is in the range of $1.3 million to $1.9 million for construction of the impoundment facility, a potential site has been discussed which is currently owned by the SPCA and is located immediately south of the existing facility to the east of and parallel to Route 460; the site will be a tight fit for a consolidated type of operation, however, there is property located immediately adjacent to the proposed site that could be considered. He stated that representatives of the four jurisdictions recommend that the localities proceed with adoption of a two year operating agreement with the SPCA, while investigating the concept for operation and construction of a joint impoundment facility. INDUSTRIES: Mr. Johnson commended the City of Roanoke for taking the appropriate action to locate the proposed biomedical facility in the Roanoke area. SPECIAL EVENTS: Mr. Church suggested that a social activity be planned for officials and staffs of the Roanoke Valley governments which will be a step toward learning more about each other and how the localities can work together to accomplish mutual goals and objectives. 401 There being no further business, at 1:45 p.m., the Mayor declared the meeting of Roanoke City Council in recess until 2:00 p.m., in the City Council Chamber. At 2:00 p.m., on Monday, June 5, 2000, the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding. PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain, William White, Sr., Linda F. Wyatt, Wendell H. Butler and Mayor David A. Bowers ............ 6. ABSENT: Vice-Mayor C. Nelson Harris ..................................................... 1. OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Sr., Deputy City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by The Reverend Robert Watts, Pastor, Greene Memorial United Methodist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS: PROCLAMATIONS-HUMAN DEVELOPMENT-ACTS OF ACKNOWLEDGEMENT: The Mayor presented a proclamation declaring Monday, June 5, 2000 as Corinne Beasley Gott Day in the City of Roanoke. On behalf of the Members of Council, the Mayor recognized Ms. Gott for over 49 years of service in the Roanoke City Department of Social Services and presented her with a Key to the City which is the highest form of recognition bestowed by the City. (For full text, see Proclamation on file in the City Clerk's Office.) PROCLAMATIONS: The Mayor presented a proclamation declaring the month of June 2000 as Prostate Cancer Awareness Month. (For full text, see Proclamation on file in the City Clerk's Office.) 402 CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to two requests for a Closed Meeting to discuss disposition of publicly held property; and to discuss personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. MINUTES: Minutes of the regular meetings of Council held on Monday, February 7, 2000, and Tuesday, February 22, 2000; and the joint meeting of Roanoke City Council and the Roanoke County Board of Supervisors held on Tuesday, February 8, 2000, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) ACTION: Mr. White moved that the reading of the Minutes be dispensed with and that the Minutes be approved as recorded. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent). COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) ACTION: ACTION: ACTION: 4O3 Mr. White moved that Council concur in the request of the Mayor to convene in a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent). PURCHASE/SALE OF PROPERTY-CITY MANAGER-COUNCIL: A report of the City Manager requesting that Council convene in a Closed Meeting for the purpose of discussing disposition of publicly held property, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the City Manager to convene in a Closed Meeting to discuss disposition of publicly held property, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent). COMMITTEES-LIBRARIES: A communication from Gloria P. Manns tendering her resignation as a member of the Roanoke Public Library Board, effective immediately, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that the communication be received and filed, and that the resignation be accepted. The motion was seconded by Mr. Swain and adopted by the following vote: 404 ACTION: AYES: Council Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent). COUNCIL-ROANOKE VALLEY RESOURCE AUTHORITY-OATHS OF OFFICE-COMMITTEES: The following reports of qualification were before Council: Wendell H. Butler as a Member of Roanoke City Council fora term commencing May 15, 2000, and ending June 30, 2000; and Robert K. Bengtson as a City Representative to the Roanoke Valley Resource Authority Board of Directors to fill the unexpired term of Kit B. Kiser, resigned, ending December 31, 2000. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mr. White moved that the reports of qualification be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent). REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: ACTS OF ACKNOWLEDGEMENT-COUNCIL-DECEASED PERSONS: A. L. Holland, Chairperson, presented a written report on behalf of the Noel C. Taylor Tribute Committee, composed of the following members: Elizabeth T. Bowles, The Reverend E. T. Burton, ACTION: 4O5 M. Caldwell Butler, Dr. Wendell H. Butler, Bob R. Caudle, Warner N. Dalhouse, Robert A. Garland, Helen J. Hall, James G. Harvey, II, David K. Lisk, Delvis O. McCadden, The Reverend Dwight O. Steele and Margaret C. Thompson. Mr. Holland advised that the Tribute Committee met on numerous occasions since its appointment and considered a number of proposals, all of which were worthy suggestions; however, at a meeting on Wednesday, April 12, 2000, a motion was adopted to recommend that the Roanoke City Municipal Building be named the Noel C. Taylor Municipal Building; and that Ms. Anne Bell, a local artist, be commissioned to paint a portrait of the late Dr. Taylor which would be displayed in the lobby of the Municipal Building, with the appropriate inscription. (For full text, see report on file in the City Clerk's Office.) Dr. Butler moved that Council concur in the recommendation of the committee. The motion was seconded by Mr. Hudson and unanimously adopted. SCHOOLS: Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools, addressed Council with regard to efforts to reduce student truancy. He advised that in 1993, it was recognized that the Roanoke City School system was looking at a nine per cent drop out rate, and high numbers of students who were absent 25 days or more out of a 180 day school year, which indicated that purposeful measures needed to be taken to reduce absenteeism which, in turn, reduces truancy and likewise, reduces the drop out rate. He stated that he was pleased to report that based on certain corrective measures that have been taken since 1993, the drop out rate has been reduced to six per cent based on last years' data; however, more work needs to be done to address the problem. He explained that as the school system began its war on truancy, it worked with the Honorable Joseph Bounds, Judge, Juvenile and Domestic Relations District Court, Court Services Unit, and Student Services to pool experiences and resources regarding absenteeism; and working in conjunction with certain other agencies, a Federal grant was written and funded, in the amount of $385,000.00, which provided funds to employ attendance counselors and the restructuring of over sight responsibility by assigning a middle school principal to manage the attendance and truancy office. He stated that Judge Bounds lent his support by dedicating one day a week on his court docket to address all truancy cases, which has led to a significant reduction in attendance problems, or a 16 per cent increase in attendance when comparing 1999 data to 1993 data. 406 Anne Harmon, Executive for Student Services and Alternative Programs, advised that truancy is recognized as a severe problem at local, state and national levels; and the overall goal is to address truancy as a community problem requiring the collaboration and coordination of intervention efforts between community-based and school-based professionals. She explained that truancy is one indicator of other factors or stressors that impact youth and the family, such as dysfunctional family patterns, poor parenting skills, abuse and neglect, substance abuse, unaddressed learning problems, and lack of social bonding, etc. She called attention to efforts to improve services for these youth and their families by implementing a more focused team approach for intervention. She explained that 11 specialists serve 19 schools and one court liaison; and over a three year period, more than 9500 home visits were conducted, 8900 student conferences were held, and over 15,000 parent and staff consultations took place. She reviewed the following additional efforts of specialists' to maintain attendance incentive programs for students to participate in support team meetings, to verify absences with parents, to provide small group instruction to promote self esteem for borderline truant children, to implement individual intervention plans and coordination of community agencies, and to work with the Police Department in connection with random sweeps of neighborhoods to identify truant students. As a result of their actions, she stated that there has been a reduction of 27 per cent in the number of students missing 25 days out of the 180 day school year, and an increase of 16 per cent in the number of students missing ten days or less. Judge Joseph Bounds commended the relationship between the school system and the court system to establish a truancy program which has brought about successful results. He advised that the City of Roanoke was on the cutting edge by taking these types of actions five years ago before the Commonwealth of Virginia mandated each school jurisdiction, at the end of a certain number of absences, to report any violations to the court system. He stated that through the efforts of Ms. Harman and Dr. Harris, a team has presented the City of Roanoke's program throughout the Commonwealth of Virginia and some localities have chosen to model their programs after the City of Roanoke. He explained that the backbone of the program is a collaborative effort between the court system, the school system, the Department of Social Services, and the City Health Department. ACTION: Without objection by Council, the Mayor advised that the briefing would be received and filed. PETITIONS AND COMMUNICATIONS: None. ACTION: 407 REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: ACTS OF ACKNOWLEDGEMENT-ROANOKE NEIGHBORHOOD PARTNERSHIP: The City Manager recognized Estelle McCadden, President, Melrose/Rugby Neighborhood Forum, and a member of the Board of Neighborhoods USA, who, along with a group of approximately 14 other persons representing various neighborhoods, attended the recent NUSA Conference in Phoenix, Arizona. The City Manager called on Ms. McCadden for remarks. Ms. McCadden expressed appreciation to the City of Roanoke for approving a Community Development Block Grant of $30,000.00 that enabled the Melrose/Rugby Neighborhood Forum to purchase a building located at 1730 Orange Avenue, N. W., for operation of its neighborhood organization/community center. She advised that the Melrose/Rugby project was presented to the National Board of Neighborhoods USA atthe Annual Conference in Phoenix, Arizona, and the City of Roanoke was selected as one of four finalists in the category of revitalization, renovation, and beautification of a single family neighborhood. She stated that itwas her pleasure to announce that the City of Roanoke received the following award on May 27, 2000, at the NUSA 25th Annual Conference in Phoenix, Arizona: "NUSA USA Building Strong Community Award, First Prize, Physical Revitalization Award of the Year to Melrose/Rugby Neighborhood Forum, Roanoke, Virginia." At 3:05 p.m., the Mayor declared the meeting in recess for a Closed Session. At 3:40 p.m., the meeting reconvened in the City Council Chamber, with all Members of the Council in attendance, except Vice- Mayor Harris, Mayor Bowers presiding: COUNCIL: With respect to the Closed Meeting just concluded, Mr. Swain moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Hudson and adopted by the following vote: 4O8 AYES: Council Members Hudson, Swain, Wyatt, Butler and Mayor Bowers ....................................................................... 5. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent and Council Member White was out of the Council Chamber). WESTERN VIRGINIA FOUNDATION FOR THE ARTS AND SCIENCES-IMAX THEATRE-ECONOMIC DEVELOPMENT: The Mayor announced that at 4:30 p.m., a News Conference will be held in the Emergency Operations Center Conference Room to announce the coming together of two major initiatives-the IMAX Theatre and the Roanoke Art Museum. He explained that City Council has formed a consensus, along with others in the community, to request community support for the combining of the IMAX Theatre and the Roanoke Art Museum into one project in downtown Roanoke on the site behind Billy's Ritz Restaurant where the viaduct once stood; and the project is estimated to cost $30 million with the City to provide an investment of $4 million plus the land. Mr. White moved that the site behind Billy's Ritz Restaurant, which was formerly the viaduct location, be provided to the Western Virginia Foundation for the Arts and Sciences for an IMAX Theatre and Roanoke Art Museum facility, with the City of Roanoke to provide $4 million plus the land over the next several years, subject to further negotiation, public hearing and adoption of the appropriate measures by City Council. The motion was seconded by Ms. Wyatt and adopted. ITEMS RECOMMENDED FOR ACTION: POLICE DEPARTMENT-CITY CODE-TOWING CONTRACT: The City Manager submitted a written report advising that the Roanoke City Police Department utilizes a "rotating wrecker service list" when dispatching towing companies to remove vehicles from accident scenes or when they are otherwise impeding the orderly flow of traffic; to be included on the list, a wrscker service company must comply with specific requirements outlined in a document described as City Manager's Rules and Regulations for Wrecker Services; and the current wrecker service agreement, prepared in 1992, no longer provides adequate compensation for the towing companies, nor does it include necessary insurance, inspection, and safety requirements. 409 It was further advised that over the last three months, City representatives from the Police Department, the Office of Management and Budget, and the City Manager's Office have been working in consultation with representatives of the local towing industry (Brown & Son, Robert Young, Weststar, and Wood's) to review and make recommendations for appropriate amendments to the wrecker service agreement; and, in addition, the Police Department conducted a survey to determine how localities across the state meet their towing needs and it was discovered that most localities allow wrecker services to charge market rate prices and tow vehicles to their private secured lots. Itwas explained that major changes in the Rules and Regulations will allow towing companies to store vehicles in private secured lots, to charge customers market rates, and to dispose of vehicles when appropriate; a vehicle will be stored in the City's impoundment lot only when the Police Department determines that the vehicle needs to be retained by the City as evidence, which will substantially reduce the number of vehicles that are stored in the City's impound lot; the Police Department and wrecker service companies have agreed to enhance public safety by ensuring that all tow vehicles have appropriate safety equipment to protect citizens, personnel, and the environment; a non- discrimination provision is included and other minor changes include a clarification of insurance requirement and an adjustment of the required response time; although wrecker service companies will now be allowed to set their own rates, the City has an interest in protecting vehicle owners from unreasonable charges; to provide a forum for review of towing fees and general compliance with the Rules and Regulations, appointment of a Towing Advisory Board is proposed; which will meet quarterly and include representatives from the community, the Police Department, other public safety departments, and the towing industry; and State law requires that the Advisory Board be appointed by Council prior to regulation of the rates by the City. The City Manager recommended that Council approve changes to the City Code to reflect the above recommendation. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency ordinance: (#34843-060500) AN ORDINANCE amending and reordaining subsection (c) of §20-7, General powers and duties of city manager with respect to traffic, by the addition of a new paragraph 4; subsection (b) of §20-66, Stopping on streets and hiqhwavs _cl_enerally; subsection (a) 41'0 ACTION: of §20-94, Officer's report of removal; notice to 'Owner of impounding; subsection (a) of §20-95, Manner of redeeming impounded vehicles; costs; and §20-96, Payment of removal costs not to be released from other violations etc., and adding a new §20-16, Towin_~ Advisory Board, to the Code of the City of Roanoke (1979), as amended, to provide for towing of certain vehicles by private companies; and creating a towing advisory board; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 139.) Mr. Hudson moved the adoption of Ordinance No. 34843-060500. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent). CONVENTION AND VISITORS BUREAU: The City Manager submitted a written report advising that Council adopted an annual operating budget which included $541,440.00 to the Roanoke Valley Convention and Visitors Bureau (RVCVB) for fiscal year 2000-01; and Council requests the assistance of the RVCVB in marketing and selling Roanoke and desires assurances that these funds will be used for these purposes. It was further advised that the City has negotiated a one year agreement commencing July 1, 2000 with the RVCVB detailing the use of the funds; the RVCVB will submit a detailed budget and work plan to the City Manager no later than July 30, 2000, for review and approval; funding should be made available in a timely manner to assure consistent delivery of services by the RVCVB; and the agreement contains a provision requiring both partners to indemnify and hold harmless each other. The City Manager recommended that Council authorize four payments of $135,360.00, each, for a total of $541,440.00, and further authorize the City Manager to execute an agreement for the express purpose of marketing the Roanoke Valley as a regional destination for convention, conference, leisure and business travel. 411 (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following Resolution' "A Resolution authorizing an agreement with the Roanoke Valley Convention and Visitors Bureau for the purpose of increasing tourism in the Roanoke Valley." The motion was seconded by Mr. Swain. Following discussion, Mr. White moved that Council table the report pending response to the following issues by the City Manager: What percentage of the total RVCVB budget is funded by the City of Roanoke; Previous questions by Members of Council in regard to hiring practices of the RVCVB; A previous request by a Member of Council that the City Manager recommend the most efficient and effective way to deliver services through the RVCVB; and A non-discrimination clause in those cases where subcontracts do not exceed $10,000.00 (the City Attorney advised that the Attorney General of the Commonwealth of Virginia has rendered an opinion that localities may not vary the language which is based on State Statute). The motion was seconded by Mr. Swain and adopted. When the City Manager reports to Council, it was requested that a representative of the RVCVB be in attendance to respond to questions. TRAFFIC-STREET LIGHTS-PUBLIC WORKS: The City Manager submitted a written report advising that Council authorized the City Manager to execute an agreement with Roanoke County to share in the cost of traffic signalization on Airport Road at its April 3, 2000, meeting; a resolution is needed to authorize execution of Amendment No. 3 to the traffic signal design services agreement with Mattern & Craig, P. C., for traffic signal design at two additional intersections (Airport Road at 412 ACTION: Municipal Road and Airport Road at Towne Square Boulevard); and Amendment No. 3 would increase the current contract amount by $35,000.00 (from $94,000.00 to a new total of $129,000.00). It was further advised that funding is available in the "Airport Road Traffic Signals" account; Roanoke County will ultimately reimburse the City of Roanoke for 50 per cent of the cost; and Mattern & Craig, P. C., is prepared to begin work in an effort to meet the April 15, 2001, completion date for traffic signal installation. The City Manager recommended that Council adopt a measure authorizing her to execute Amendment No. 3 to the contract with Mattern & Craig, P. C., in the amount of $35,000.00 for two new signalization projects. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following resolution: (#34844-060500) A RESOLUTION authorizing the City Manager's execution of Amendment No. 3 to the City's contract with Mattern & Craig, Inc., for additional engineering services for traffic signal design at two intersections (Airport Road at Municipal Road and Airport Road at Towne Square Boulevard). (For full text of Resolution, see Resolution Book No. 63, page 142.) Mr. Hudson moved the adoption of Resolution No. 34844-060500. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent). BUDGET-EMERGENCY SERVICES: The City Managersubmitted a written report advising that on December 15, 1998, the City of Roanoke, Roanoke County, Salem and Vinton entered into a Partnership Agreement with FEMA to become Virginia's first Project Impact community; under this initiative, the Roanoke Valley ACTION: 413 communities received $500,000.00 in grant funding to begin efforts to better prepare for future disasters; and funds are administered by the Roanoke Valley-Allegheny Regional Commission. It was further advised that under Project Impact, the Stormwater Management Workgroup, has contracted for preparation of Elevation Certificates for the Valley's floodplain properties which will provide many benefits such as: reducing flood insurance premiums for some properties, streamlining future closings, assisting in floodproofing efforts, providing more accurate flood warnings, streamlining floodplain building permits, and assisting future purchase/relocation grant projects; since initial Project Impact funding would cover only about one-half of the Valley's floodplain buildings, additional grant assistance was pursued, and on April 28, 2000, the Virginia Department of Emergency Services approved a grant of $79,269.78, which will allow for completion of approximately 90 per cent of the Valley's floodplain properties; the grant represents 100 per cent funding and requires no local matching funds; and funds were inadvertently wired to the City of Roanoke on May 12, 2000, and need to be transferred to the Roanoke Valley-Allegheny Regional Commission. The City Manager recommended that Council authorize the Director of Finance to appropriate $79,269.78 which was received from the Commonwealth of Virginia, Department of Emergency Services, to a capital project account designated as "Project Impact Elevation Certificates", and further authorize the Director of Finance to transfer the funds to the Roanoke Valley-Allegheny Regional Commission. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#34845-060500) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. ~ (For full text of Ordinance, see Ordinance Book No. 63, page 143.) Mr. White moved the adoption of Ordinance No. 34845-060500. The motion was seconded by Mr. Swain and adopted by the following vote: 41 4 AYES: Council Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers ............................................................. 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent). TRAFFIC-SIDEWALK/CURB AND GUTTER-BUDGET-CAPITAL IMPROVEMENTS PROGRAM: The City Manager submitted a written report advising that the Transfer to Capital Projects Fund account in the General Fund (Fiscal Year 1999-2000) includes a balance of $210,000.00 budgeted for "Transportation Projects" and $200,000.00 budgeted for the "Curb, Gutter & Sidewalk Program"; these amounts have not been appropriated in accounts in the Capital Projects Fund, which needs to be done to properly reserve the funds for the capital projects for which they were intended to finance; and projects related to transportation and infrastructure would have a total of $410,000.00 available as a supplement to funding made available from the past two bond referendums. It was further advised that timing is important for funds to be appropriated prior to the end of the fiscal year; and projects in need of funding are identified as follows: New curb, gutter and sidewalk: $100,000.00 to Capital Improvement Reserve for Streets & Bridges, Account No. 008-052-9575-9181; Replacement of curb, gutter and sidewalk: $100,000.00 to a new account to be identified by the Director of Finance; Roadway safety improvements at the intersection of Riverland RoadlBennington Street/Mount Pleasant Boulevard: $140,000.00 to Roadway Safety Improvement Account No. 008-052-9606; and Final payment to the Virginia Department of Transportation for the City's share of Peters Creek Road Extension: $70,000.00 to Peters Creek Road Extension Account No. 008-052-9595. The City Manager recommended that Council appropriate $410,000.00 from the Transfer to Capital Projects Fund to the above referenced accounts. ACTION: 415 (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#34846-060500) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 144.) Mr. Swain moved the adoption of Ordinance No. 34846-060500. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent). CITY CODE-TAXICABS AND FOR-HIRE VEHICLES: The City Manager submitted a written report advising that on April 3, 2000, Council considered a petition dated March 24, 2000, on behalf of Yellow Cab Services of Roanoke, Inc., for a taxicab fare rate increase; and the petition was referred to the City Manager for report and recommendation. It was further advised that rates for taxicab fares were last adjusted on October 14, 1990; the requested fare increase amounts to an approximate 17 per cent increase and seems well justified as presented in the petition; and the requested fare increase is as follows: From $1.60 for the first 117 mile 20¢ for each additional 1/7 mile 20¢ for each 60 sec. waiting time T__~o $1.90 for the first 118 mile 20¢ for each additional 118 mile 20¢ for each 40 sec. waiting time The City Manager transmitted a copy of a letter dated April 12, 2000, from Mr. Steven St. Jacques supporting the fare increase, but recommending a different method of statement of the fare. (See communication on file in the City Clerk's Office.) 416 ACTION: It was explained that fares have not increased in almost ten years and an increase is justified; fares appear to be more easily understood by keeping incremental charges as a fraction of the initial charge; and the recommended wording of the proposed fare structure has been shared with all three permitted cab companies with no dissent. The City Manager recommended that Council amend Section 34- 130 (g) Code of the City of Roanoke (1979), as amended, to provide that rate will be: $1.80 for the first 1/8 mile plus $1.60 per mile or $18.00 per hour charged in 20¢ increments Effective date to be as soon as meters can be adjusted, but no later than July 1, 2000. (For full text, see report on file in the City Clerk's Office.) Dr. Butler offered the following emergency ordinance: (#34847-060500) AN ORDINANCE amending Article III, Public Vehicles (Taxicabs and For-Hire Automobiles), of Chapter 34, Vehicles For Hire, of the Code of the City of Roanoke (1979), as amended, by amending and reordaining subsection (g) of §34-130, Rate Schedule; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 145.) Dr. Butler moved the adoption of Ordinance No. 34847-060500. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers ............................................................ 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent). BUDGET-LIBRARIES: The City Manager submitted a written report advising that a building condition assessment of the Main Library conducted by Balzer and Associates, Inc., in association with Spectrum Engineers, identified the need to replace obsolete electrical 417 distribution and branch circuit panel boards, as well as renovation of a public restroom to comply with ADA guidelines, at an estimated cost of $31,000.00. The City Manager recommended that Council approve the transfer of $31,000.00 to a new capital account to be established by the Director of Finance. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#34848-060500) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 146.) ACTION: Mr. Hudson moved the adoption of Ordinance No. 34848-060500. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers ............................................................ 6. NAYS: None ....................................................................... O. (Vice-Mayor Harris was absent). BUDGET-DONATIONS/CONTRIBUTIONS-LIBRARIES: The City Manager submitted a written report advising that Ms. Lenore Wood, a long time resident of the Patrick Henry Hotel, died on March 25, 1999; because of her admiration and love for Elmwood Park and the many hours of enjoyment spent in the Main Library, Ms. Wood included the City of Roanoke in her will; and specifically directed "the funds constituting this bequest be used...for the continued beautification of Elmwood Park, the Main City Library...and for other street beautification projects as the City may deem best." It was further advised that the City received a check, in the amount of $39,044.95, on April 27, 2000; and the Department of Parks and Recreation and the Department of Libraries will share the funds, 41'8 which will be used to purchase furnishings for the Main Library and to replace the pond covers, purchase aquatic plants, hanging baskets, and a tree for Elmwood Park. The City Manager recommended that Council accept the gift and appropriate the funds to two separate capital project accounts, one for Parks and Recreation, in the amount of $19,522.00, and the other for Libraries, in the amount of $19,522.95; and that an expression of appreciation be forwarded to the Executrix of Ms. Wood's estate. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#34849-060500) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book'No. 63, page 147.) ACTION: Mr. Swain moved the adoption of Ordinance No. 34849-060500. The motion was seconded by Mr. Hudson. The Mayor read a letter from Vice-Mayor-Elect William H. Carder advising that Ms. Wood was a long time resident of the Patrick Henry Hotel for 25 years until her death last year. He called attention to her love for the City of Roanoke and its people, her excitement over the transition that has occurred in the City during the past ten years, and her passion for Elmwood Park and the Roanoke City Public Library. He advised that until her last days, Ms. Wood was vibrant, exciting and had a positive attitude about life. Ordinance No. 34849-060500 was adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers ............................................................ 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent). Mr. Swain offered the following resolution: 419 (#34850-060500) A RESOLUTION accepting the monetary gift from the estate of Ms. Lenore Wiser Wood, to be used for the continued beautification of Elmwood Park and the Main City Library, and expressing appreciation for said gift. (For full text of Resolution, see Resolution Book No. 63, page 148.) ACTION: Mr. Swain moved the adoption of Resolution No. 34850-060500. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers ............................................................ 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent). BICYCLIST-YOUTH-CITY CODE: The City Manager submitted a written report advising that in October, 1999, a student from Patrick Henry High School wrote to Mayor Bowers requesting that Roanoke follow the lead of other Virginia localities, including Virginia Beach, Blacksburg, York County, Alexandria and Manassas, and protect its children under the age of 14 with a mandatory bicycle helmet law; and a committee consisting of a representative appointed by the Superintendent of Schools, representatives from the Roanoke Redevelopment and Housing Authority, the Blue Ridge Bicycle Club, Safe Kid's Coalition, local bicycle shops and City staff met to consider the proposed ordinance and to explore ways to promote safety for children riding bicycles. It was further advised that the major thrust of the bicycle law would be to promote the use of bicycle helmets and to educate all riders and their parents; the working group has identified sources of Iow-cost and free helmets and identified ways to distribute the helmets to those in need; a minimal fee would be applied toward helmet purchase, and enforcement would consist of a police officer talking with parents and children as ordinance violations occur and providing children with a helmet, if needed. The City Manager recommended that Council adopt a measure, effective October 1, 2000, which will allow ample time for education through community and school efforts in the promotion of safe bike riding and the provision of helmets for children in the City of Roanoke. 420 ACTION: (For full text, see report on file in the City Clerk's Office.) Dr. Butler moved that the following ordinance be placed upon its first reading: (#34851) AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by adding new §21-47, Bicycle helmets, to Article I, In General, of Chapter 21, Offenses - Miscellaneous, Code of the City of Roanoke (1979), as amended, such new section prohibiting persons fourteen years of age or younger from riding or being carried on a bicycle on any highway, sidewalk, or public bicycle path without wearing a protective helmet; and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 63, page 180.) The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent). Council Members suggested that prior to the end of the school year, Roanoke City School students should be provided with information advising that the bicycle helmet law will take effect on October 1, 2000, and encouraging that they not ride bicycles without a protective helmet; and a method should be initiated to identify those helmets which are donated by the City. BUDGET-DOWNTOWN ROANOKE, INCORPORATED- CONSULTANTS REPORTS: The City Manager submitted a written report advising that Outlook Roanoke, a five year plan for downtown Roanoke, was completed in April 1997 by Urban Design Associates; the plan continued a public participatory process for downtown that began in 1979 and was updated in 1985, and was a joint effort of Downtown Roanoke, Inc., the City of Roanoke, and the Redevelopment and Housing Authority; the plan needs to be updated to strengthen Roanoke's economic vitality in the downtown and its surrounding neighborhoods, and will include downtown neighborhoods and focus on the siting of future downtown projects (i.e. housing, main library, 421 new hotel site, upscale retail and entertainment); and issues in the near future that must be carefully considered include: key opportunities for additional downtown business development, support services for downtown housing, community design standards for new development, integration of new development with adjacent neighborhoods, redevelopment of selected downtown areas, and parking. It was further advised that Downtown Roanoke, Inc., would like to work with the City and the Housing Authority to update the plan and has requested the City's assistance in moving the project forward; with the City's initiation of a downtown parking study, important decisions related to downtown development must be made in a timely manner and integrated into other initiatives to ensure a successful future for downtown; preliminary discussions with Downtown Roanoke, Inc. have indicated that the cost to update the plan to meet the immediate needs of downtown Roanoke will be approximately $165,000.00; the plan will be coordinated with the City's Comprehensive Plan and with neighborhood plans surrounding the downtown area; it is expected that an advisory committee, representing diversified business and neighborhood interests, would be established to guide the plan and the public participation process, with the ultimate goal to make the plan an adopted component of the Comprehensive Plan; if started in June, the downtown plan could be completed by the end of the year; action by Council is needed to appropriate funds to Downtown Roanoke, Inc., and to authorize the transfer of funds totaling $165,000.00 for the purpose of updating the downtown plan; and additional contributions and in- kind services are expected from Downtown Roanoke, Inc., and the Roanoke Redevelopment and Housing Authority. The City Manager recommended that Council appropriate and transfer funds, as follows: Appropriation/Transfer/From: Account Name Account Number Amount General Fund Contingency Miscellaneous Refunds VRS - Jail FICA - Jail Residual Fringe Benefits- Health Insurance 001-002-9410-2199.. 001-004-9140-2170 001-024-3310-1110 001-024-3310-1120 001-004-9110-1125 Total - Appropriation/Transfer From $47,104.00 42,896.00 25,000.00 15,000.00 35,000.00 $165,000.00 422 ACTION: Account Name Account Number Amount Dowtown Plan Update 008-052-9579-9003 $165,000.00 The City Manager advised that Council will be involved in the update which will be integrated with the City's Comprehensive Plan and applicable neighborhood plans. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#34852-060500) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 148.) Mr. Swain moved the adoption of Ordinance No. 34852-060500. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers ............................................................ 6. NAYS: None ...................................................................... -0. (Vice-Mayor Harris was absent). BUDGET-GRANTS-LIBRARIES: The City Manager submitted a written report advising that the Roanoke Public Library has been awarded two grants by the Library of Virginia under the Federal Library Services and Technology Act, State Administered Program; the assistive technology grant of $10,000.00 will be used to purchase a computer workstation and software that will allow the blind and visually impaired to access the Internet and other electronic resources at the Main Library; and the Youth Services grant of $2,500.00 will be used to support the Homework Helpline project sponsored by Blue Ridge Public Television, Roanoke City Public Schools, and others. It was further advised that there is no local match required for grant funds, which must be expended by September 30, 2000. The City Manager recommended appropriation of $12,500.00 to the following grant fund accounts: ACTION: ACTION: 423 Other Equipment Fees for Professional Services 035-054-5027-9015 035-054-5028-2010 $10,000.00 $ 2,500.00 Increase revenue estimate in an account to be established by the Director of Finance. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#34853-060500) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 151.) Mr. Swain moved the adoption of Ordinance No. 34853-060500. The motion was seconded by Dr. Butler and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent). Mr. Swain offered the following resolution: (#34854-060500) A RESOLUTION accepting a Library Services and Technology Act (LSCA) Grant for the blind and visually impaired. (For full text of Resolution, see Resolution Book No. 63, page 152.) Mr. Swain moved the adoption of Resolution No. 34854-060500. The motion was seconded by Dr. Butler and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers ....................................................................... 6. 424 NAYS: None ...................................................................... -0. (Vice-Mayor Harris was absent). BUDGET-INDUSTRIES-ECONOMIC DEVELOPMENT-ZONING: The City Manager submitted a written report advising that the Southern Lane Group, LLC (SLG) approached the City for assistance with a commercial development along Route 220 South below the Southern Hills neighborhood; the Planning and Community Development Department, along with the Economic Development Department and the neighborhood group, met to discuss concerns of the neighborhood; and after determining the needs of all groups, the property was rezoned with certain proffers; SLG has agreed to enter into a Performance Agreement with the City and the Industrial Development Authority; to invest a minimum of $2 million in the project and to provide for infrastructure in the area, including a realigned Southern Hills Drive to connect to Franklin Road approximately atthe traffic light at Lowes and an upgraded Southern Lane; in addition, improvements are to be made to drainage and up to seven sites for commercial use are to be graded; and SLG will construct this infrastructure according to state and local standards and then dedicate the improvements to the City of Roanoke. It was further advised that in return, the City of Roanoke will donate to the SLG, through the Industrial Development Authority (IDA), up to $800,000.00 and the IDA will reimburse the SLG one dollar for every two dollars spent by SLG; a period of 30 months from the date of the Agreement will be allowed for the draw down of funds and completion of infrastructure; funding is available in the Debt Service Fund and will be repaid from incremental taxes generated by development of the property; as per the performance agreement, the SLG development will generate $1.6 million in tax revenue through real estate, personal property, BPOL, utility, and other applicable taxes within six and a half years of the signing of a performance agreement, and one half of this amount, or $800,000.00, will be used for improvements needed by the Southern Hills neighborhood; and if the area does not generate $1.6 million in tax revenue in six and one half years, SLG will pay a proportional amount back to the IDA at 8 per cent interest. The City Manager recommended that she be authorized to execute a performance agreement with the Industrial Development Authority and Southern Lane Group and appropriate funds in the ACTION: 425 amount of $800,000.00 from Debt Services Fund Reserve to an account to be established by the Director of Finance in the Capital Projects Fund. ' (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#34855-060500) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects and Debt Service Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 152.) Mr. Hudson moved the adoption of Ordinance No. 34855-060500. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent). Mr. Hudson offered the following emergency ordinance: (#34856-060500) AN ORDINANCE authorizing the proper City officials to execute a Performance Agreement among the City of Roanoke (City), the Industrial Development Authority of the City of Roanoke, Virginia (Authority), and Southern Lane Group, LLC (SLG), that provides for SLG to make a certain investment in the development of certain property along 220 South below the Southern Hills neighborhood; that the City will make an appropriation of up to $800,000.00 to the Authority, all for the purposes of promoting economic development in order to fund the grant that the Authority intends to make to SLG; and providing for an emergency. ACTION: (For full text of Ordinance, see Ordinance Book.No. 63, page 154.) Mr. Hudson moved the adoption of Ordinance No. 34856-060500. The motion was seconded by Mr. Swain and adopted by the following vote: 426 AYES: Council Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent). The Mayor declared the meeting in recess at 4:27 p.m., in order for Council Members to attend a News Conference in the Emergency Operations Center Conference Room at 4:30 p.m., regarding the proposed IMAX Theatre - Roanoke Arts Museum facility. At 5:20 p.m., the meeting reconvened in the City Council Chamber with all Member of the Council in attendance, except Vice- Mayor Harris, Mayor Bowers presiding. CITY ATTORNEY: CITY CODE: The City Attorney submitted a written report advising that since 1982, Council has enacted and recodified the City Code on an annual basis in order to properly incorporate amendments made by the General Assembly at the previous Session to State statutes that are incorporated by reference in the City Code; the procedure ensures that the ordinances codified in the City Code incorporate the most recent amendments to State law; and incorporation by reference is frequently utilized in local codes to preclude having to set out lengthy provisions of State statutes in their entirety and the technique ensures that local ordinances are always consistent with State law as is generally required. It was further advised that the procedure whereby a local governing body incorporates State statutes by reference after action of the General Assembly has been approved by the Attorney General; whereupon, the City Attorney recommend that Council adopt an ordinance to readopt and reenact the Code of the City of Roanoke (1979), advising that if the measure is not adopted, City Code sections incorporating provisions of the State Code amended at the last Session of the General Assembly may not be deemed to include recent amendments and may be impermissibly inconsistent, which could result in the dismissal of criminal prosecutions under these City Code sections. (For full text, see report on file in the City Clerk's Office.) ACTION: ACTION: 427 Mr. Hudson offered the following emergency ordinance: (#34857-060500) AN ORDINANCE to readopt and reenact the Code of the City of Roanoke (1979), as amended; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 155.) Mr. Hudson moved the adoption of Ordinance No. 34857-060500. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent). DIRECTOR OF FINANCE: DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the City of Roanoke for the month of April, 2000. (For full text, see Financial Report on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the Financial Report would be received and filed. BUDGET-CITY EMPLOYEES: The Director of Finance submitted a written report advising that the fiscal year 1999-2000 General Fund budget included funds in the nondepartmental category for retiree medical insurance, unemployment wages and termination (vacation) leave wages; these fringe benefits are budgeted at estimated amounts in the nondepartmental category because annual charges of each department are difficult to project; and actual costs are charged to departments in anticipation of budget transfers to cover the costs. The Director of Finance transmitted a budget ordinance transferring funds from the nondepartmental category to the applicable departmental budgets; as needed, available funding related to one type of fringe benefit is used to supplement funding needed in another area such as termination wages; the ordinance transfers funds from General 428 ACTION: Fund Retiree Medical Insurance and Unemployment Wages to provide necessary funding for termination leave wages, extended illness, bonus and separation pay and moving expenses; and transfers do not increase the General Fund budget in total, but reallocate amounts between departments. The following is a summary of total transfers: Budget Amount ,~ Revised Before Transfers Budget Transfers Inl(Out) Amm~ Retiree Medical Insurance $ 313,875.00 Unemployment Wages 35,000.00 Termination Leave Wages 91,275.00 Extended Illness 0.00 Bonus and Separation Pay 0.00 Moving Expenses 0.00 $ 440,150.00 $(91,989.00) $221,886.00 (22,266.00) 12,734.00 88,861.00 180,136.00 1,777.00 1,777.00 4,200.00 4,200.00 19,417.00 19,417.00 $ 0.00 $440,150.00 (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#34858-060500) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 157.) Mr. Swain moved the adoption of Ordinance No. 34858-060500. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent). BUDGET-INTERNAL SERVICE FUND: The Director of Finance submitted a written report advising that the City of Roanoke's Internal Service Funds account for certain services provided to other departments of the City; the Internal Service Funds recover their costs by charging the receiving departments for services provided; budgeted ACTION: 429 funds for internal services are allocated in the General Fund in each fiscal year's budget throughout various departments based on estimated usage; and usage usually varies from the original estimates; and at this time during each fiscal year, it is necessary to make appropriations/transfers between departments** to provide sufficient funds for internal services for the fiscal year; whereupon, he transmitted an ordinance providing for the transfers which will not increase the overall General Fund budget, but will reallocate amounts between departments. A summary of total transfers is as follows: Department of Technology Department of Technology - PC Rental Risk Management Overhead Fleet Management Budget Amount Revised Before Transfers Budget Transfers In/(Out) Amount $ 3,165,000.00 $ (351,000.00) $ 2,814,000.00 207,654.00 351,000.00 558,654.00 616,852.00 0.00 616,852.00 1,750,274.00 ( 2,9t8.00) 1,747,356.00 Fleet Rental 1,050,000.00 2,918.00 1,052,918.00 6,789,780.00 $ 0.00 $ 6,789,780.00 (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#34859-060500) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 161.) Mr. Swain moved the adoption of Ordinance No. 34859-060500. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent). 430 CITY CODE-TAXES: The Director of Finance submitted a written report advising that the Retail Sales and Use Tax Food Tax Reduction Program was approved by the legislature in 1999 and became effective on January 1, 2000, which program reduces the State sales tax on food purchased for home consumption; the legislation also set forth changes to the local Prepared Food and Beverage Tax Ordinance ("Meals Tax") by stating that no locality shall levy any tax upon food purchased for human consumption as defined in the Food Stamp Act of 1977; originally, the legislation would have reduced local Meals Tax revenue by approximately 20 per cent; however, as a result of a compromise worked out last year between the Virginia Municipal League and various food industry groups, House Bill 255 was adopted by the 2000 legislative session to provide that the impact on the local Meals Tax would be minimal; and with the required changes, it is anticipated that a two-three per cent reduction will occur in Meals Tax revenues, effective July 1, 2000. It was explained that certain foods currently taxed under the Meals Tax Ordinance will no longer be taxed, which include certain defined bakery goods, cakes, breads, doughnuts, cookies, and pies based on packaging; Section 32-297, Exemptions, is recommended for amendment to provide for conformance with a model ordinance recommended by the Virginia Municipal League; the Exemptions Section remains substantially the same but adds an expanded definition of foods and beverages which are not taxable; it is also recommended in the Exemptions Section that the word "handicapped" be changed to "disabled" and clarification of Section 2-28, Definitions, to specify snack foods "packaged for home consumption" as exempt from the Meals Tax. The Director of Finance recommended that Council adopt a proposed ordinance encompassing the above described revisions. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency ordinance: (#34860-060500) AN ORDINANCE amending and reordaining §32- 283, Definitions, and §32-297, Exemptions, of Article XlV, Tax on Prepared Food and Bevera._qe, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, to provide for meals taxation in conformance with recently amended state legislation; and providing for an emergency and an effective date. ACTION: 431 (For full text of Ordinance, see Ordinance Book No. 63, page 168.) Mr. Swain moved the adoption of Ordinance No. 34860-060500. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers ....................................................................... 6. NAYS: None ...................................................................... -0. (Vice-Mayor Harris was absent). REPORTS OF COMMITTEES: BUDGET-WILLIAMSON ROAD PARKING GARAGE: Council Member Carroll E. Swain, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for renovations to the Williamson Road Parking Garage, located at 201 Tazewell Avenue, S. E. The Bid Committee recommended that Council authorize the Director of Finance to appropriate $402,350.00 to Williamson Road Parking Garage Renovation, Account Number 008-052-9576, as follows: $293,000.00 from Transportation Fund Retained Earnings, $35,900.00 from CMERP, and $74,350.00 from Jail Recovered Costs, Account Number 001-024-3310-8005; accept the bid of Eastern Waterproofing & Restoration Co., Inc., in the amount of $381,010.00, to include line items 1 through 7 as set forth on the bid tabulation sheet; and authorize the City Manager to enter into a contractual agreement with Eastern Waterproofing & Restoration Co., Inc., in form to be approved by the City Attorney, and reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#34861-060500) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General, Transportation and Capital Projects Fund Appropriations, and providing for an emergency. 432 ACTION: (For full text of Ordinance, see Ordinance Book No. 63, page 172.) Mr. Swain moved the adoption of Ordinance No. 34861-060500. The motion was seconded by Mr. Hudson and adopted by the following vote: ACTION: AYES: Council Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent). Mr. Swain offered the following emergency ordinance: (#34862-060500) AN ORDINANCE accepting the bid of Eastern Waterproofing & Restoration Co., Inc., for the Williamson Road Parking Garage Renovation, upon certain terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 173.) Mr. Swain moved the adoption of Ordinance No. 34862-060500. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers ....................................................................... 6. NAYS: None ...................................................................... 0. (Vice-Mayor Harris was absent). BUDGET-WILLIAMSON ROAD AREA BUSINESS ASSOCIATION: Council Member Carroll E. Swain, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for construction of improvements for Phase I of the Williamson Road Revitalization Project, which include replacement of deteriorating curb and sidewalk, improvement of 433 ingress/egress from Williamson Road, crosswalks, street lighting, signage, landscaping and other pedestrian amenities; and improvements are proposed along the entire five mile corridor, running from Orange Avenue (US 460) to the northerly City limit. The Bid Committee recommended that Council accept the bid of H. & S. Construction Company, in the amount of~$339,973.55, in a form to be approved by the City Attorney, with a project contingency of $34,026.45, and 360 consecutive calendar days for completion of the project; authorize the Director of Finance to transfer $374,000.00 from the 1999 Bond Fund Account Number 008-052-9709-9191, to Account Number 008-052-9716, Williamson Road Corridor Study Recommendations - Phase I. ACTION: The City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#34863-060500) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 174.) Mr. Swain moved the adoption of Ordinance No. 34863-060500. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent). Mr. Swain offered the following emergency ordinance: (#34864-060500) AN ORDINANCE accepting the bid of H. & S. Construction Company, for construction of the improvements for Phase I of the Williamson Road Revitalization Project, upon certain terms and 434 ACTION: conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 175.) Mr. Swain moved the adoption of Ordinance No. 34864-060500. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent). BUDGET-WATER RESOURCES: Council Member Carroll E. Swain, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for drilling and testing wells at three potential sites located at the Carvins Cove Filtration Plant, a location near the Carvins Cove Concession area, and a location near the Mill Mountain Storage Tank off Riverland Road, S. E. The Bid Committee recommended that Council authorize the City Manager to execute a contract with Rorrer Well Drilling, Inc., in a form to be approved by the City Attorney, in the amount of $67,230.00, with a project contingency of $25,000.00, and 60 days contract time; reject all other bids received by the City; and appropriate $102,230.00 from Water Fund Retained Earnings for transfer to Account No. 002-056- 8389, Groundwater Development. The City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#34865-060500) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Water Fund Fund Appropriations, and providing for an emergency. ACTION' 435 (For full text of Ordinance, see Ordinance Book No. 63, page 176.) Mr. Swain moved the adoption of Ordinance No. 34865-060500. The motion was seconded by Mr. Hudson and adopted by the following vote: ACTION' AYES: Council Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent). Mr. Swain offered the following emergency ordinance: (#34866-060500) AN ORDINANCE accepting the bid of Rorrer Well Drilling, Inc., to drill and test three wells at potential sites located at the Carvins Cove Filtration Plant, a location ~near the Carvins Cove Concession Area, and a location near the Mill Mountain Storage Tank, upon certain terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 177.) Mr. Swain moved the adoption of Ordinance No. 34866-060500. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent). ROANOKE CiViC CENTER: A report of the Roanoke Civic Center Commission in connection with termination of the City's contract with Fells Point Catering, purchase by the City of Fells Point's smallware inventory, and addition of one full-time staff person at the Civic Center for food and beverage division activities, was before Council. 436 ACTION: It was advised that Fells Point Catering, Inc., is contracted through October 3, 2000, with the City of Roanoke to provide catering management services at the Roanoke Civic Center; the parties have mutually agreed that it is in the best interest of both parties to terminate the agreement, effective June 1, 2000; Civic Center management is prepared to consolidate Civic Center catering services into the in- house food & beverage division that now operates concessions services; there will be a requirement to hire one additional full time staff person, in accordance with the City's pay and classification system; and net revenues will increase sufficiently to recover costs for additional personnel and product purchases. The Roanoke Civic Center Commission recommended that Council terminate the Contract for Catering Management Services with Fells Point Catering, Inc., dated October 4, 1999, effective June 1,2000, substantially in accordance with provisions of the ContractAmendment which may include the City's purchase of Fells Point's smallwares inventory; that the City Manager be authorized to execute an Amendment Terminating the Contract, and to resolve issues concerning reconciliation of monies due for May 2000, in accordance with the City Manager's authority to issue change orders or amendments to contracts; and authorize employment of one additional full-time staff person for the Civic Center Food & Beverage division. The City Manager submitted a written report concurring in the recommendation of the Roanoke Civic Center Commission. (For full text, see reports on file in the City Clerk's Office.) Mr. Hudson offered the following resolution: (#34867-060500) A RESOLUTION terminating the City's contract with Fells Point Catering, Inc., dlbla Hightopps Catering (Fells Point) dated October 4, 1999; authorizing the City Manager to execute the amendment terminating the contract; authorizing the City's purchase of Fells Point's smallware inventory; and authorizing the addition of one full-time staff person to the Civic Center for its food and beverage division. (For full text of Resolution, see Resolution Book No. 63, page 178.) Mr. Hudson moved the adoption of Resolution No. 34867-060500. The motion was seconded by Mr. Swain and adopted by the following vote: 437 AYES: Council Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent). UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ACTION: CITY CODE-PENSIONS: Ordinance No. 34824 amending and reordaining Section 22.1-3, Membership generally, of Chapter 22.1, Pensions and Retirement, Code of the City of Roanoke (1979), as amended, by the addition of a new subsection (c4), providing for a new window of opportunity during which members of the Employees' Retirement System may transfer to the Employees' Supplemental Retirement System, having previously been before the Council for its first reading on Monday, May 15, 2000, read and adopted on its first reading and laid over, was again before the body, Mr. White offering the following for its second reading and final adoption: (#34824-060500) AN ORDINANCE amending and reordaining §22.1-3, Membership Generally, of Chapter 22.1, Pensions and Retirement, of the Code of the City of Roanoke (1979), as amended, by adding a new subsection, and providing for an emergency. (For full text of Ordinance, see Ordinance Book'No. 63, page 128.) Mr. White moved the adoption of Ordinance No. 34824-060500. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent). CITY CODE-PENSIONS: Ordinance No. 34825 amending Chapter 22.1, Pensions and Retirement= of the Code of the City of Roanoke (1979), as amended, by amending Section 22.1-11, Restoration of 438 ACTION: beneficiaries to membership, by the addition of new subsection (e) to provide an option to certain beneficiaries regarding pension benefits and additional creditable service, having previously been before the Council for its first reading on Monday, May 15, 2000, read and adopted on its first reading and laid over, was again before the body, Mr. White offering the following for its second reading and final adoption: (#34825-060500) AN ORDINANCE amending Chapter 22.1, Pensions and Retirement, of the Code of the City of Roanoke (1979), as amended, by amending §22.1-11, Restoration of beneficiaries to membership, by the addition of a new subsection (e) to provide an option to certain beneficiaries regarding pension benefits and additional creditable service; and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 63, page 129.) Mr. White moved the adoption of Ordinance No. 34825-060500. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent). ZONING: Ordinance No. 34833 rezoning a .034 acre tract of land located at 4301-4305 Appleton Avenue, N. W., identified as Official Tax No. 6380108, from RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to proffers contained in the First Amended Petition for Rezoning filed in the City Clerk's Office on March 30, 2000, having previously been before the Council for its first reading on Monday, May 15, 2000, read and adopted on its first reading and laid over, was again before the body, Mr. White offering the following for its second reading and final adoption: (#34833-060500) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 638, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 63, page 130.) ACTION: 439 Mr. White moved the adoption of Ordinance No. 34833-060500. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent). ZONING: Ordinance No. 34834 rezoning a tract of land located on the north side of Franklin Road, S. W., identified as Official Tax No. 1280602, from LM, Light Manufacturing District, to C-2, General Commercial District, subject to proffers contained in an Amended Petition filed in the City Clerk's Office on April 12, 2000, having previously been before the Council for its first reading on Monday, May 15, 2000, read and adopted on its first reading and laid over, was again before the body, Ms. Wyatt offering the following for its second reading and final adoption: (#34834-060500) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 128, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 63, page 131.) Ms. Wyatt moved the adoption of Ordinance No. 34834-060500. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent). PURCHASE/SALE OF PROPERTY-CITY PROPERTY-RAILSIDE LINEAR WALK: Ordinance No. 34836 conveying to adjacent land owners, by quitclaim deed, certain portions of City owned property located adjacent to the tracks of Norfolk Southern Railway Company between Second Street and Jefferson Street, described as Lots lA, lB 44O ACTION: and 2-7 inclusive, having previously been before the Council for its first reading on Monday, May 15, 2000, read and adopted on its first reading and laid over, was again before the body, Dr. Butler offering the following for its second reading and final adoption: (#34836-060500) AN ORDINANCE authorizing the conveyance by quitclaim deed to adjacent landowners any interest the City may have in the residual portions of properties located to the rear of Warehouse Row, adjacent to the railroad tracks of Norfolk Southern Railway Company, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 63, page 133.) Dr. Butler moved the adoption of Ordinance No. 34836-060500. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... O. (Vice-Mayor Harris was absent). CITY CODE-BUILDINGS/BUILDING DEPARTMENT-ZONING: Ordinance No. 34838 amending §36.1-590, Generally, §36.1-593, Nonconforming structures, and §36.1-594, Nonconforming uses of structures, of the Code of the City of Roanoke (1979), as amended, to permit the reconstruction, but not enlargement, of a nonconforming structure in the event of any damage to the structure from fire, flood or other natural disaster, and to permit the continuation of the residential use of a structure in the event of any damage to the structure from fire, flood or other natural disaster, having previously been before the Council for its first reading on Monday, May 15, 2000, read and adopted on its first reading and laid over, was again before the body, Mr. Swain offering the following for its second reading and final adoption: (#34838-060500) AN ORDINANCE amending Sec. 36.1-590, Generally, §36.1-593, Nonconforming structures, and §36.1-594, Nonconforming uses of structures, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to regulate nonconforming structures and nonconforming uses of structures. (For full text of Ordinance, see Ordinance Book No. 63, page 133.) _. ACTION: 441 Mr. Swain moved the adoption of Ordinance No. 34838-060500. The motion was seconded by Mr. Hudson and adopted by the following vote: ACTION: AYES: Council Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers ....................................................................... 6. NAYS: None ...................................................................... -0. (Vice-Mayor Harris was absent). CITY CODE-ZONING: Ordinance No. 34839 amending §36.1-25, Definitions, §36.1-126, Permitted uses, §36.1-145, Permitted uses, §36.1- 511, General requirements for all day care centers, and §36.1-512, Day care homes, of the Code of the City of Roanoke (1979), as amended, to broaden the application of the zoning ordinance to include day care homes in which care is provided for up to and including six children, to reduce the amount of required outdoor play area for day care centers in all districts other than residential districts, and to require that certain day care centers be at least 1,500 feet apart, having previously been before the Council for its first reading on Monday, May 15, 2000, read and adopted on its first reading and laid over, was again before the body, Mr. Swain offering the following for its second reading and final adoption: (#34839-060500) AN ORDINANCE amending §36.1-25, Definitions, subsection (5) of §36.1-126, Permitted uses, subsection (6) of §36.1-145, Permitted uses, subsections (a) and (b) of §36.1-511, General requirements for all day care centem, and subsection (a) of §36.1-512, Day care homes, of Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended, to broaden the application of the zoning ordinance to include day care homes in which care is provided for up to and including six children, to reduce the amount of required outdoor play area for day care centers in all districts other than residential districts, and to require that certain day care centers be at least fifteen hundred (1,500) feet apart. (For full text of Ordinance, see Ordinance Book No. 63, page 136.) Mr. Swain moved the adoption of Ordinance No. 34839-060500. The motion was seconded by Mr. Hudson and adopted by the following vote: 442 AYES: Council Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent). MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: SCHOOLS: Council Member Wyatt referred to recent correspondence from a representative of the Roanoke City School Board in regard to certain computers presently in use in City school classrooms; whereupon, she requested additional information in regard to the number of PC Power Mac and I-MAC computers currently in use in each City school for comparison purposes. Council Member Wyatt referred to a telephone call from a parent in regard to a recent article about test scores from the Governor's School, which test scores are forwarded directly to the home school of the student, i.e.: if the student is from Botetourt County, the test score is sent to the Botetourt County School. However, she advised that under the City's PLATO Program, test scores are attributed to the PLATO School, rather than to the home school of the student, which is beginning to have an impact on certain schools in their accountability and accreditation under the requirements of the Standards of Learning. She pointed out that the question has arisen as to whether the test score can be attributed to the home school of the student, otherwise, an unfair advantage is provided to those schools that are PLATO Schools. The abovereferenced requests for information were referred to the Roanoke City School Board for appropriate response. COUNCIL: This being the last official Council meeting of the Honorable David A. Bowers, Mayor, each Member of Council expressed appreciation for Mayor Bowers' service to the City. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: ACTION: 443 CITY COUNCIL-COMMUNITY PLANNING: Ms. Helen E. Davis, 35 Patton Avenue, N. E., inquired if there are written guidelines in regard to accepting or rejecting recommendations submitted to Council by the City Planning Commission; whereupon, in the absence of written guidelines, the Mayor offered the assistance of the City Manager and any Member of Council to meet with Ms. Davis to discuss the process. At 6:20 p.m., the Mayor declared the meeting in recess. At 6:30 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Vice-Mayor Harris. COUNCIL: With respect to the Closed Meeting just concluded, Mr. Swain moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent). OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised that the terms of office of Patrick B. Shumate, Elvah D. Taylor and Thomas M. Winn, III, as members of the Youth Services Citizen Board expired on May 31, 2000, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the names of Patrick B. Shumate, Elvah D. Taylor and Thomas M. Winn, III. There being no further nominations, Mr. Shumate, Ms. Taylor and Mr. Winn were reappointed as members of the Youth Services Citizen Board, for terms ending May 31, 2003, by the following vote: 444 ACTION: FOR MR. SHUMATE, MS. TAYLOR AND MR. WINN: Council Members Hudson, Swain, White, Wyatt, Butler and Mayor Bowers .... 6. (Vice-Mayor Harris was absent). There being no further business, the Mayor declared the meeting adjourned at 6:35 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 445 REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL June 19,2000 12:15 p.m. The Council of the City of Roanoke met in regular session on Monday, June 19, 2000, at 12:15 p.m., the regular meeting hour, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Vice-Mayor C. Nelson Harris presiding, pursuant to Rule 1, Regular Meetin_~s, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Carroll E. Swain, William White, Sr., Wendell H. Butler, W. Alvin Hudson, Jr., and Vice-Mayor C. Nelson Harris ............................... 5. ABSENT: Council Member Linda F. Wyatt and Mayor David A. Bowers .......... 2. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. At 12:17 p.m., the Vice-Mayor declared the meeting in recess. At 12:20 p.m., the meeting reconvened in the Emergency Operations Center Conference Room, Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with all Members of Council in attendance, except Mayor Bowers and Council Member White, Vice-Mayor Harris presiding. RESPOND SYSTEM: The City Manager introduced a briefing on the RESPOND! System, which is a program that was designed to address citizen complaints regarding City services. She advised that improvements have been made to the system and additional improvements are under consideration for the future; whereupon, she called upon Barry Key, Director, Office of Management and Budget, who presented a history of the RESPOND! system, proposed enhancements. He introduced Edria Wimmer, Customer Service Coordinator, and Craig Fifer, City Web Master, who presented information regarding the program and an on-line demonstration of a citizen complaint from the time the complaint was received by the call taker until it was resolved. Mr. Fifer advised that the Customer Service Center has been responsible to the Office of Management and Budget since July 1, 1999, staff consists of one full- time Customer Service Coordinator, three full-time and one part-time Customer Service Specialist which allows for flexibility in scheduling, and work stations are located in the Information Center in the Noel C. Taylor Municipal Building and the 446 Public Works Service Center on Courtland Road, N.W. He advised that the Customer Service Center is open Monday through Friday, 7:00 a.m. to 6:00 p.m., and emergency calls and after hours calls are taken by the E-911 Center. He explained that the system can also be accessed via the City's Internet Web Site by visiting the City's formal web address and using an Internet form. He demonstrated the different tools that the Customer Service Center uses to respond to requests for service, which include a software program known as RESPOND! which has been in use by the City since April 1998, and having logged in more than 80,000 calls, by more than 90 members of the City staff, representing 16 different departments throughout the City. He further explained that if a call is taken that needs to be assigned to a department that does not use the RESPOND! system, the Customer Service Center will either e-mail the request or fax the information to the appropriate department to insure that regardless of the type of call, it is routed to the proper department of the City. He advised that over the past two years, a substantial number of improvements and enhancements have been made to the RESPOND! system so that it fits the needs of the City and, in so doing, the product has been enhanced for all municipal governments that choose to use the program. He advised that some of the benefits of RESPOND! include the ability to consistently assign and schedule calls so that regardless of who takes the call, the call receives the same issue type, there is increased accountability for those persons who take calls and are responsible for handling calls by displaying when the call was taken, when it was assigned, and the amount of time to do the task. Mr. Fifer explained that the program enables staff to conduct reports which show RESPOND! hours, calls, and how well the City is meeting the requests for service; there is enhanced availability of reference material so that call takers have a wealth of information at their finger tips under a special feature of RESPOND! which helps to insure that all call takers give out the same information to citizens making reports; and all data relating to a specific request for service is centralized so that if a citizen calls the City Manager's Office with a complaint, the call taker can see that the citizen has already called another department of the City for assistance. Mr. Fifer presented a demonstration of an actual request for service from the time that the request was called in to the time that the request was resolved. He reviewed features of RESPOND! that allow City staff to look at the overall picture instead of tracking individual calls which provides for review of requests for service on a system-wide basis. He advised that City inspectors in the field use a palm pilot that allows them to enter the issues on the palm pilot which can be synchronized with the RESPOND! server when the inspector returns to the office. At 1:00 p.m., the Vice-Mayor declared the meeting in recess until 2:00 p.m. 447 At 2:00 p.m., on Monday, June 19, 2000, the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Vice-Mayor Harris presiding. PRESENT: Council Members Carroll E. Swain, William White, Sr., Linda F. Wyatt, Wendell H. Butler, W. Alvin Hudson, Jr., and Vice-Mayor C. Nelson Harris ..... 6. ABSENT: Mayor David A. Bowers ........................................................... 1. OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Sr., Deputy City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Vice-Mayor Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Vice-Mayor Harris. PRESENTATIONS: CITY COUNCIL-DECEASED PERSONS: On behalf of the City of Roanoke, the Vice-Mayor presented a ceremonial copy of Resolution No. 34768-050100, a City Flag, and a Key to the City to Mrs. James O. Trout in memory of the service of her late husband, the Honorable James O. Trout, Council Member, who died on April 25, 2000. A video tape in memory of Mr. Trout was also presented. COUNCIL-ACTS OF ACKNOWLEDGMENT: Inasmuch as the four year term of the Honorable David A. Bowers, Mayor, will end on June 30, 2000, Ms. Wyatt offered the following resolution recognizing the service Mayor Bowers: (#34868-061900) A RESOLUTION paying tribute to the Honorable David A. Bowers, Mayor of the City of Roanoke, and expressing to him the appreciation of this city and its people for his exemplary public service. (For full text of Resolution, see Resolution Book No. 63, page 181.) ACTION: Ms. Wyatt moved the adoption of Resolution No. 34868-061900. The motion was seconded by Mr. Hudson and adopted by the following vote: 448 ACTION: AYES: Council Members Swain, White, Wyatt, Butler, Hudson and Vice-Mayor Harris. ~. NAYS: None ................................................................ 0. (Mayor Bowers was absent.) Inasmuch as the four year term of office of the Honorable Carroll E. Swain, Council Member will end on June 30, 2000, Mr. Hudson offered the following resolution recognizing the service of the Council Member Swain: (#34869-061900) A RESOLUTION paying tribute to the Honorable Carroll E. Swain and expressing to him the appreciation of this city and its people for his exemplary public service. (For full text of Resolution, see Resolution Book No. 63, page 182.) Mr. Hudson moved the adoption of Resolution No. 34869-061900. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members White, Wyatt, Butler, Hudson and Vice- Mayor Harris ............................................................................... 5. NAYS: None ............................................................... 0. (Mayor Bowers was absent.) (Council Member Swain abstained from voting). SCHOOLS-ACTS OF ACKNOWLEDGMENT: Vice-Mayor Harris presented pins and Roanoke photographs in recognition of Odyssey of the Mind teams from Crystal Spring Elementary School and Patrick Henry High School. He advised that the team from Crystal Spring Elementary School won the Outstanding Omer Award for outstanding and exceptional teamwork, performance and courtesy at the regional tournament, and the Ranatra Fusca Award for outstanding and exceptional levels of creativity and performance in spontaneous thinking at the regional tournament, first place in the region, state and world champions - Shrinking Structure, Division I. He further advised that the Patrick Henry High School team won an Outstanding Omer Award at the regional tournament for teamwork and outstanding performance, first place in the state and second in the world - Shrinking Structure, Division III. ACTION: 449 CONSENT AGENDA The Vice-Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to two requests for a Closed Meeting to discuss personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council; and to discuss acquisition of real property for public purpose. COMMITTEES-COUNCIL: A communication from Vice-Mayor Harris requesting that Council convene in a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the Vice- Mayor to convene in a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Butler, Hudson and Vice-Mayor Harris .................................................................... -6. NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) · PURCHASE/SALE OF PROPERTY-CITY MANAGER: A report of the City Manager requesting that Council convenein a Closed Meeting to discuss a matter with regard to acquisition of real property for public purpose, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) 45O ACTION: ACTION: Mr. White moved that Council concur in the request of the City Manager to convene in a Closed Meeting to discuss a matter with regard to acquisition of real property for public purpose, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Butler, Hudson and Vice-Mayor Harris ............................................................... -6. NAYS: None ..................................................................... 0. (Mayor Bowers was absent.) ZONING-COMMUNITY PLANNING: A report of the City Planning Commission in connection with a request of Adam Cohen to amend Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, to include a definition for a two-unit townhouse and such other regulations to permit two-unit townhouses as permitted uses in districts where two-family structures are currently allowed; It was further advised that on May 17, 2000, the City Planning Commission held a public hearing on the petition to create a new definition in the City Code for a two-unit townhouse and recommended against approval of the petition; on May 22, 2000, Mr. Cohen submitted an amended petition requesting an amendment to the City Code to create a new definition for a single-family attached dwelling, and requested that the amended petition be heard by the City Planning Commission before being considered by Council; whereupon, the City Planning Commission requested that the amended petition be referred to the Planning Commission for further consideration. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the City Planning Commission. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Butler, Hudson and Vice-Mayor Harris .............................................................. 6. NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) ACTION: 451 COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: A communication from Keith Moore tendering his resignation as a member of the Roanoke Neighborhood Partnership Steering Committee, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that the communication be received and filed, and that the resignation be accepted. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Butler, Hudson and Vice-Mayor Harris .................................................................... 6. NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: HOUSING/AUTHORITY-COMMUNITY PLANNING: Ms. Gloria Dorma appeared before Council and reiterated her remarks which she presented to Council at its meeting on Monday, October 4, 1999. On October 4, 1999, Ms. Dorma requested that the City clearly define the term "multi-family housing" as to location and number of units in a specific area so as not to create an "asphalt jungle". She spoke in support of constructing housing units, such as duplexes, in residential areas throughout the community that would also meet the criteria for Iow income housing. She referred to the concentration of multi-family housing in northwest Roanoke, and requested that the City prepare a neighborhood plan for northwest Roanoke before any additional multi-family housing is constructed. Without objection by Council, the Vice-Mayor advised that the remarks of Ms. Dorma would be referred to the City Manager for appropriate response. PETITIONS AND COMMUNICATIONS: BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting appropriation of the following funds for fiscal year 1999-2000, was before Council. 452 ACTION: $250,000.00 from the Capital Maintenance and Equipment Replacement Fund, to provide funds for textbook adoptions, magnet school equipment, facility improvements and equipment, and for grounds maintenance equipment; $53,500.00 for the Summer Youth Employment Program for the summer 2000, to provide training and hands-on experience for disadvantaged or handicapped youth from the inner City, with the goal of enhancing employment potential, developing employment competencies, and earning academic credit toward a high school diploma, which will be one hundred percent reimbursed by Federal funds; $340,000.00 from 1999 Bond funds for construction costs for the Jackson Middle School; and $62,929.00 from Virginia Public School Authority bonds issued by the Hurt Park renovation and the Roanoke Valley Governor's School renovation, to be used for an addition to the account used to finance the short-term borrowing needs of the capital fund. A report of the Director of Finance recommending that Council concur in the request, was also before the body. (For full text, see communication and report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#34870-061900) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General, School and School Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 184.) Mr. White moved the adoption of Ordinance No. 34870-061900. The motion was seconded by Dr. Butler and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Butler, Hudson and Vice-Mayor Harris .6. 453 NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting appropriation of the following funds for fiscal year 2000-2001, was before Council. $2,742,422.00 for the Title I Winter Program, to provide remedial reading, language arts and mathematics instruction for students in targeted schools, which program is one hundred per cent reimbursed by Federal funds; $194,437.00 for the Title I Even Start Family Literacy Grant, to provide staff and funding for parental and preschool workshops for family literacy efforts at the preschool and adult education levels, which is one hundred per cent reimbursed by Federal funds; $93,637.00 for the Title I Local Delinquent Children Grant, to provide transition services to youth exiting the Juvenile Detention Center and youth entering Youth Haven, which program is one hundred per cent reimbursed by Federal funds; $172,019.00 for the Title VI Program, to provide funds for implementation of innovative instructional programs in the school district and to provide visiting teacher services, which program will be reimbursed by Federal funds in the amount of $123,791.00 and a local match $48,228.00; $1,356,976.00 for the Governor's School Program, to provide instruction in science and math to high school students, which program is supported by State funds and tuition collected from participating school districts; $615,089.00 for the Magnet School Program, to provide for operation of the Round Hill Montessori School, which program is one hundred per cent reimbursed by Federal funds; 454 $301,691.00 for the International Baccalaureate Middle Years Program and International Baccalaureate (lB) Preparatory Program at Breckinridge Middle School, which program is one hundred per cent reimbursed by Federal funds; $198,290.00 for the 21st Century Community Learning Center at William Fleming High School and Ruffner Middle School, which is in the first year of a three-year funding cycle and is one hundred per cent reimbursed by Federal funds; $1,626,705.00 for the Flow Through Program, to provide aid for the education and guidance of handicapped students, which program is one hundred per cent reimbursed by Federal funds; $68,168.00 for the Child Specialty Services Program, to provide funds for the salary and expenses of the educational coordinator at the clinic, which program is one hundred per cent reimbursed by Federal funds; $68,975.00 for the Child Development Clinic Program, to provide funds for the salary and expenses of the educational coordinator at the clinic, which program is one hundred per cent reimbursed by State funds; $214,612.00 for the Juvenile Detention Home Program, to provide funds for the salary and expenses of the three educational coordinators, which program is one hundred per cent reimbursed by Federal funds; $135,939.00 for the Preschool Incentive Program, to provide orientation and evaluation for handicapped students who will be entering the public school system for the first time during the fall, which program is one hundred per cent reimbursed by Federal funds; $160,560.00 for the Adult Basic Education Program, to provide funds for the education of adults who have not completed high school, which program is reimbursed by Federal funds in the amount of $137,860.00 and a local match of $22,700.00; 455 $130,590.00 for the Apprenticeship Program, to provide on-the-job and classroom vocational instruction for students in the apprenticeship program, which program is funded with State funds in the amount of $53,901.00 and fees will be paid by participants; . $46,351.00 for the Jobs for Virginia Graduates Program to serve at least 25 economically disadvantaged students, providing classroom training and work experience to assist the students to prepare for high school graduation or to sit for the General Education Development (GED) examination, which program is reimbursed by Federal funds in the amount of $20,000.00 with a local match of $26,351.00; $383,539.00 for the Perkins Act Program, to provide funds for vocational equipment, which program is one hundred per cent reimbursed by Federal funds; $39,000.00 for the Regional Education Specialist Program, to provide ancillary and support services for the Adult Literacy and Basic Education Program in the planning district, which program is one hundred per cent reimbursed by Federal funds; $150,098.00 for the Regional Adult Literacy (TAP) Program, to provide funds for administration of adult literacy programs, which program will be funded with Federal funds; $8,612.00 for the General Education Development (GED) Testing Program, to provide instructors for GED preparation classes and for administration of the GED examinations, which program will be funded with student fees; $5,557.00 for the Opportunity Knocks (GED) Program, to provide instruction for the GED examination for young adults, which program will be funded with fees charged to participants; 456 $26,913.00 for the Workplace Education Program, to provide instructional programs developed with area business establishments for employees at the work sites, which program will be funded through the assessment of fees; $35,222.00 for the Regional Adult Basic Education Program, to provide funds for administration of adult literacy programs in Botetourt County and Craig County, which new program is one hundred per cent reimbursed by Federal funds; $23,452.00 for the Adult Education in the Jail Program, to provide for instruction to inmates in the Roanoke City Jail to aid in their acquisition of the General Education Development (GED) certificate, which program will be reimbursed by Federal funds in the amount of $21,107.00 and jail funds in the amount of $2,345.00; $1,321,381.00 for the Alternative Education Program, to provide alternative curriculum and training for high risk students at the Noel C. Taylor Learning Academy, which program will be reimbursed by State funds in the amount of $64,853.00 and a local match of $1,256,528.00; $85,382.00 for the Drug Free Schools Program, to provide for two student assistance counselors at the secondary level to work with substance abuse issues, which program is one hundred per cent reimbursed by Federal funds; $180,963.00 for the Roanoke Adolescent Health Partnership, to provide for medical services to the Roanoke City Schools in conjunction with the City of Roanoke Health Department and Carillon Health Systems, which program is reimbursed by donations from Carillon Health Services; $80,649.00 for the Grants Management Program, to provide for personnel and operating expenses of the Director of Grants, which program is one hundred per cent reimbursed by Federal funds; ACTION: 457 $254,919.00 for the Project YES (Youth Experience Success) Program to identify, assess, evaluate and provide assistance for at-risk sixth and ninth grade students who are potential dropouts, which program is one hundred per cent reimbursed by State funds; $67,670.00 for the Homeless Assistance Program, to provide instructional services to homeless students, which program is reimbursed by Federal funds in the amount of $37,000.00 and a local match of $30,670.00; $61,012.00 for the State Truancy Project, to provide support for the Roanoke City attendance effort, which program is reimbursed by State funds in the amount of $20,727.00 and a local match of $40,285.00; and $148,621.00 for the Blue Ridge Technical Academy, to provide a regional educational training program for 200 youth at-risk of academic failure and dropping out of school, which program will be funded with State funds from the Virginia Business-Education Partnership under the School-to-Work Opportunities Act. A report of the Director of Finance recommending that Council concur in the requests was also before the body. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#34871-061900) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 School Fund Appropriations, and providing for an emergency. - (For full text of Ordinance, see Ordinance Book No. 63, page 187.) Mr. Hudson moved the adoption of Ordinance No. 34871-061900. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Butler, Hudson and Vice-Mayor Harris ................................................................... 6. 458 NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) GRANTS-SCHOOLS: A communication from the Roanoke City School Board requesting that Council close out two school grants which have been completed, advising that total outlays for the grants amounted to $406,687.50, all from Federal funds, was before the body. A report of the Director of Finance recommending that Council concur in the request, was also before the body. (For full text, see communication and report on file in the City Clerk's Office.) Ms. Wyatt moved that Council concur in the request. The motion was seconded by Mr. Swain and adopted. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: COMMUNITY PLANNING-CONSULTANTS REPORTS: The City Manager introduced a briefing on the City's Comprehensive Plan, which is one of the most significant efforts that any community can undertake. She advised that the last time the City's Comprehensive Plan was updated was in 1985; therefore, the City of Roanoke is long over due for an update which provides an opportunity to re-energize and re-invite the community at-large to invest itself in defining the future of the City. She called upon Evelyn S. Lander, Director, Planning and Code Enforcement, to present an update on the process that the City will follow over the next 12 to 18 months in its efforts to update the Comprehensive Plan. Ms. Lander advised that the City's Comprehensive Plan can serve as its "bible" for future land use and development. She explained that the Code of Virginia mandates that every governing body adopt a Comprehensive Plan for the development of land in its jurisdiction and that the Plan be prepared and recommended by the local Planning Commission; the current Comprehensive Plan, Roanoke Vision, was developed in 1985 and is about 15 years old; therefore, it is in need of an update to effect new issues facing the City. She advised that typically, a Comprehensive Plan focuses very broadly on various 459 elements which include matters such as housing, infrastructure, utilities and transmission, commercial and industrial development, education, parks, historic resources, human services, public safety, environmental quality, and quality of life, etc. She further advised that the Comprehensive Plan establishes policy for guiding the future and provides a framework for implementing how the City will grow and develop; and the Comprehensive Plan is used to evaluate zoning, land use and development, the location and extension of public facilities and utilities, various public projects and allocation of funds for recommended public improvements for inclusion in the Capital Improvements Program; and the document provides a legal basis for many land and zoning decisions that Council considers on a monthly basis. She explained that if the Comprehensive Plan is not followed, it can mean incompatible development, uncoordinated growth, conflicting land uses, and possible economic disinvestment in the City. Ms. Lander advised that City staff has been working with consultants to develop a detailed scope of service and a process for updating the Comprehensive Plan and the consultants are familiar with Roanoke's past planning activities and with Roanoke in general and its commitment to public involvement. Based upon discussions with the consultants, she stated that the City Planning Commission would favor a strong citizen participation effort, with the end product being a written plan that is not only user friendly, but includes a strategic plan for implementing recommendations so that the Comprehensive Plan is widely used, with monitoring procedures to provide an annual report of activities and accomplishments. She added that it is proposed that a citizens advisory committee will be appointed which would be recommended by the City Planning Commission to Council for appointment and the advisory committee would represent a broad and diverse group of citizens in terms of expertise and interest, which would work directly with the City Planning Commission and City staff to publicize the project, to guide public workshops and to coordinate specific task teams to study plan elements in greater detail, i.e.: housing, infrastructure, historic resources, public safety, etc. She advised that the task teams and the advisory committee would develop the draft plan based upon broad public participation; and, in addition to the advisory committee, it is expected to have a strong media promotion of the project and how the public can be involved. She explained that the consultants and City staff have discussed various methods for reaching out to all citizens, including speaking to neighborhood and civic groups, establishing a web site and a project nationally, and conducting a broad citizen survey. She advised that the Comprehensive Plan, in general, would be developed in four phases over a period of approximately 14 months: Phase I has begun which 460 involves data collection and analysis that will continue through the summer months and involve more citizens as the effort continues; Phase II involves public workshops which are anticipated to begin in September and it is proposed to hold at least three public workshops over a period of several months to discuss issues such as housing, economic development, environmental quality, etc. She stated that the teams would then coordinate with the Advisory Committee and their findings and recommendations would be reported and discussed at various workshops and ultimately in the draft plan; Phase III involves the development of implementation strategy in which City staff, the City Planning Commission, the Advisory Committee and task teams would identify various strategies to implement the plan which could include such things as amendments to the Zoning Ordinance, identifying various partnerships or regional approaches that may be undertaken and budget recommendations and is expected to begin in January and end in May; and Phase IV includes development of the final plan and adoption which is expected to occur by approximately July 2001, followed by public hearings during the latter part of the summer of 2001. She advised that Council will be informed of the progress of the project and of the public workshops through the Council Update, the project newsletter, and future briefings as necessary; and City staffwill maintain close communication with the City Manager and other City administrators throughout the project. She encouraged Council Members to become involved in this most important planning effort. Without objection by Council, the Vice-Mayor advised that the briefing would be received and filed. ITEMS RECOMMENDED FOR ACTION: BUDGET-COMMUNITY PLANNING-CONSULTANTS REPORTS: The City Manager submitted a written report advising that according to Section 15.2-2223, Code of Virginia, (1950), as amended, "the local planning commission shall prepare and recommend a comprehensive plan for the physical development of the territory within its jurisdiction and every governing body shall adopt a comprehensive plan for the territory under its jurisdiction;" in 1986, Council adopted Roanoke Vision, the City's present Comprehensive Plan, which involved extensive citizen and neighborhood participation, emphasized historic preservation, and developed zoning regulations; Roanoke Vision is now outdated and a new plan is needed to guide Roanoke's future development, which will also involve extensive public participation to create a vision for the City that reflects the new values of the community on issues such as: economic development, housing, land use, natural resources, quality of life, regional partnerships, 461 transportation, infrastructure and others; and implementation and monitoring measures will be included to ensure that the comprehensive plan is integrated into City decision making and updated more frequently. It was further advised that a team of City staff and a Planning Commission representative met to discuss the new plan and to hire a planning consulting firm the successful proposal consists of a joint venture of three qualified firms, i.e.: Hutton Associates, Inc., Benson Associates, and Hill Studio, P.C. ("Consultant"); and a scope of services has been negotiated and consists of the following four phases to be completed in an estimated 14-month timeframe: Phase I (June 2000 - August 2000): ~ Collect and analyze data, conduct community outreach through media and other sources; Phase II (September 2000 - January 2001): Conduct public meetings, workshops and develop overall vision and plan elements (i.e.: housing, economic development, etc.); Phase III (February - May 2001): Continue public process, develop implementation and monitoring strategies; Phase IV (June - August 2001); Draft final plan, hold public hearings to adopt the plan. It was explained that negotiated cost of the project is $154,500.00, not including printing of the final documents which is expected to be approximately $50,000.00 and will be requested next year from CMERP funding; whereupon, the City Manager recommended that Council authorize the transfer of $154,500.00 to hire a consultant and that the City Manager be further authorized to execute an agreement with the consultant, approved as to form by the City Attorney, for the aforementioned planning services. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: 462 ACTION: ACTION: (#34872-061900) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 204.) Mr. Swain moved the adoption of Ordinance No. 34872-061900. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Butler, Hudson and Vice-Mayor Harris .............................................................. -6. NAYS: None ............................................................... 0. (Mayor Bowers was absent.) Mr. Swain offered the following emergency ordinance: (#34873-061900) AN ORDINANCE accepting the proposal of Hutton Associates, Inc., Benson Associates and Hill Studio, P.C. (Consultants), to develop a new Comprehensive Plan for the City, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other proposals made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 205.) Mr. Swain moved the adoption of Ordinance No. 34873-061900. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Butler, Hudson and Vice-Mayor Harris. .6. NAYS: None ...................................................................... 0. (Mayor Bowers was absent.) BUDGET-HUMAN DEVELOPMENT-YOUTH-GRANTS: The City Manager submitted a written report advising that the Comprehensive Services Act (CSA), established in 1993, provides residential and non- residential treatment services to troubled and at-risk youths and their families through a collaborative system of state and local agencies, ACTION: 463 parents, and private services providers; which services include mandated foster care, certain special education services, and preventive foster care; and CSA also provides services to certain targeted non-mandated populations. It was further advised that CSA expenditures for fiscal year 2000 are projected at $8,828,710.00, which include $8,801,695.00 in client specific costs and $27,015.00 in non-client specific, non-reimbursable costs; these projections exceed the CSA appropriation of $7,901,758.00 by $926,952.00, and requires an additional local share of $468,164.00, with the school system being responsible for $285,384.00 of the additional local share amount. The City Manager recommended that Council authorize additional funding for CSA in the amount of $926,952.00. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#34874-061900) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General Fund Appropriations, and providing for an emergency. .;. (For full text of Ordinance, see Ordinance Book No. 63, page 206.) Mr. Swain moved the adoption of Ordinance No. 34874-061900. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Butler, Hudson and Vice-Mayor Harris ................................................................... 6. NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) BUDGET-FDETC: The City Manager submitted a written report advising that the Fifth District Employment and Training Consortium (FDETC) administers the Federally funded Workforce Investment Act (WIA) for the region, which encompasses the counties of Allegheny, Botetourt, Craig, Franklin and Roanoke, as well as the cities of Clifton Forge, Covington, Roanoke and Salem; the FDETC serves dislocated workers and economically disadvantaged individuals. 464 ACTION: It was further advised that the State office of the Virginia Employment Commission has sent the Consortium a Notice of Award, in the amount of $25,449.00, earmarked for expenses related to transition from the Job Training Partnership Act (JTPA) to the Workforce Investment Act, including staff and Workforce Investment Board training, consultant fees and other related costs; whereupon, the City Manager recommended that Council appropriate funding totaling $25,449.00 and increase the revenue estimate by $25,449.00, in accounts to be established in the Consortium Fund by the Director of Finance. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#34875-061900) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Consortium Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 208.) Mr. Hudson moved the adoption of Ordinance No. 34875-061900. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Butler, Hudson and Vice-Mayor Harris ................................................................. 6. NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) BUDGET-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH: The City Manager submitted a written report advising that the Hotel Roanoke Conference Center Commission was created by the Virginia General Assembly in 1991 to construct, equip, maintain and operate The Conference Center of Roanoke, adjacent to the Hotel Roanoke; the City of Roanoke and Virginia Tech are participating entities in the Commission; in 1992, Council authorized the establishment of an Agency Fund entitled, "Hotel Roanoke Conference Center Commission"; the enabling legislation for the Commission allows for the participating parties to equally contribute funds to the Commission to fund operating deficits of the Commission and to enable the Commission to expend such revenues for their proper purposes; the budget must be approved by each of the participating ACTION: 465 entities, and Council included $175,000.00 in the fiscal year 2000-01 City budget to be used for this purpose. It was further advised that the fiscal year 2000-01 budget presents an operating deficit driven by anticipated expenditures for personal services, legal, administrative, engineering and consultant services relative to the planned repair of a section of the Conference Center during the first four months of 2001, and, in preparation for the trial in September 2001 to settle the Commission's legal actions related to the Center's construction deficiencies; the Commission also anticipates the need to secure short term loan financing in order to complete necessary construction repairs to the Center and to fund any additional expenses related to the law suit; and the Commission intends to repay the loan and associated interest costs from the proceeds of an anticipated settlement. The City Manager recommended that Council approve the Hotel Roanoke Conference Center Commission budget for fiscal year 2000- 01, appropriate $350,000.00 to Conference Center Agency Fund accounts, and establish revenue estimates of $175,000.00 for City of Roanoke and Virginia Tech contributions. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#34876-061900) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Hotel Roanoke Conference Center Commission Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 209.) Mr. White moved the adoption of Ordinance No. 34876-061900. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Butler, Hudson and Vice-Mayor Harris .................................................................... 6. NAYS: None ...................................................................... -0. (Mayor Bowers was absent.) Mr. Swain offered the following resolution: 466 ACTION: (#34877-061900) A RESOLUTION approving the annual operating budget of the Hotel Roanoke Conference Center Commission for Fiscal Year 2000-2001. (For full text of Resolution, see Resolution Book No. 63, page 210.) Mr. Swain moved the adoption of Resolution No. 34877-061900. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Butler, Hudson and Vice-Mayor Harris. 6. NAYS: None ..................................................................... 0. (Mayor Bowers was absent.) BUDGET-MAPS: The City Manager submitted a written report advising that Council authorized execution of an agreement with the U.S. Army Corps of Engineers at its meeting on June 12, 1995, which provided for preparation of topographic and orthophoto maps of the City under the Planning Assistance to States Program; Council authorized an agreement for a second phase of the project at its meeting on April 21, 1997; the Planning Assistance to States Program provides for Federal matching funds to help localities support mapping and flood planning activities, and a five year program to provide digital topographic and orthophoto maps of the City was developed with the U.S. Army Corps of Engineers; the first year of the project has been successfully completed and mapping coverage for the northern one third of the City has been completed and received by the City; mapping of the water and sewer systems will take place in the fourth and fifth years of the program; and the City has provided a total of $200,000.00 in funding in fiscal year 1995-96 and fiscal year 1998-99 to support the project which has been matched with Federal funds. It was further advised that the Corps of Engineers' consultant has identified technical problems that may affect the accuracy of maps produced by the project, and additional work is needed to fully identify the source of map errors and to develop appropriate solutions; an amendment to the agreement between the Corps of Engineers and the City is needed to authorize the additional work, at a cost of $37,000.00 which will be shared by the City of Roanoke and the Corps of Engineers; the Corps of Engineers will assume 50 per cent of the cost, with the remaining 50 per cent due from the City of Roanoke, with the maximum City financial liability under the proposed amendment at ACTION: 467 $18,500.00; the City Manager has authority to execute the amendment since the City's share is $18,500.00, however, funds need to be appropriated to support amendment to the agreement, and since this is an ongoing mapping project, additional costs will be incurred as the project proceeds. The City Manager recommended that Council appropriate $25,000.00 from Water Fund prior year retained earnings to Account No. 002-056-2178-9041, Corps of Engineers Mapping Project, $25,000.00 from Sewer Fund prior year retained earnings to Account No. 003-056- 3715-9041, Corps of Engineers Mapping Project, and $67,500.00 from fiscal year 1998-99 Capital Maintenance and Equipment Replacement Fund to Account No. 008-066-9654-9003, Corps of Engineers Mapping Project. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#34878-061900) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General, Water, Sewage Treatment and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 211.) Mr. Hudson moved the adoption of Ordinance No. 34878-061900. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Butler, Hudson and Vice-Mayor Harris ................................................................... 6. NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) CITY NURSING HOME-BUDGET: The City Manager submitted a written report advising that bids were received for demolition of the Coyner Springs Nursing Home, with R & R Contractors, Ltd., submitting the Iow bid, including Addendums 1 through 6, in the amount of $57,950.00, and 45 consecutive calendar days of contract time; a separate bid was received for asbestos abatement at the Coyner 468 ACTION: Springs Nursing Home, to enable the work to be completed prior to demolition; and eleven bids were received, with Custom Contracting, Inc., submitting the Iow bid in the amount of $20,000.00, and 30 consecutive calendar days of contract time. The City Manager recommended that Council appropriate $84,500.00 from fiscal year 1999-00 CMERP to a new capital account entitled, "Asbestos Abatement/Demolition of Coyner Springs Nursing Home". (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#34879-061900) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 213.) Mr. Hudson moved the adoption of Ordinance No. 34879-061900. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Butler, Hudson and Vice-Mayor Harris ............................................................... -6. NAYS: None ...................................................................... -0. (Mayor Bowers was absent.) Council Member Swain requested information on the status of other City buildings that are in need of asbestos abatement. BUDGET-COMMUNITY PLANNING-GRANTS: The City Manager submitted a written report advising that the Community Development Block Grant (CDBG) is a program of the U. S. Department of Housing and Urban Development (HUD), which offers assistance to the community in numerous ways; the City has received CDBG entitlement grants each year since inception of the program in 1974 and must submit an action plan annually to HUD to receive such funds; and on May 9, 2000, Council authorized filing of the 2000-2001 CDBG application through submission of the Consolidated Plan to HUD. 469 It was further advised that HUD's approval letter, granting the City access to its 2000-2001 CDBG entitlement of $2,152,000.00, is completing the routine release process and is forthcoming; in addition, $889,802.00 unexpended from prior year accounts and $390,004.00 in anticipated program income are also included in for appropriation in fiscal year 2000-2001 programs; acceptance of the entitlement and appropriation of all funds to certain accounts listed in Attachment A to the report is necessary to permit projects to proceed; and $159,576.00 in the fiscal year 2001 General Fund budget has been designated to help fund administration of the Office of Grants Compliance; which allows $150,000.00 of CDBG funds to be made available for funding of additional programs and/or needs in the community. The City Manager recommended that Council take the following actions: 1. Adopt a resolution accepting $2,152,000.00 in 2000- 2001 CDBG funds, contingent upon receipt of the approval letter from HUD; 2. Authorize the City Manager to execute the required Grant Agreement (to be approved as to form by the City Attorney), Funding Approval, and other forms required by HUD in order to accept the funds; 3. Appropriate $2,152,000.00 in entitlement funds, and $390,004.00 in anticipated program income to revenue and expenditure accounts in the Grant Fund to be established by the Director of Finance, as set forth in Attachment A to the report; 4. Transfer $889,802.00 in CDBG accounts from prior years to projects included in the 2000-2001 CDBG program, as set forth in Attachment A to the report; and 5. Transfer $159,576.00 from the General Fund and appropriate as set forth in Attachment B to the report. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#34880-061900) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Grant Fund Appropriations, and providing for an emergency. 470 (For full text of Ordinance, see Ordinance Book No. 63, page 215.) ACTION: Mr. White moved the adoption of Ordinance No. 34880-061900. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Butler, Hudson and Vice-Mayor Harris .................................................... -6. NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) Mr. White offered the following resolution: (#34881-061900) A RESOLUTION accepting the Fiscal Year 2000- 2001 funds for the Community Development Block Grant Program, and authorizing the proper City officials to execute the requisite Grant Agreement with the United States Department of Housing and Urban Development. (For full text of Resolution, see Resolution Book No. 63, page 214.) ACTION: Mr. White moved the adoption of Resolution No. 34881-061900. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Butler, Hudson and Vice-Mayor Harris ................................................................. 6. NAYS: None ..................................................................... 0. (Mayor Bowers was absent.) BUDGET-HOUSING/AUTHORITY-GRANTS: The City Manager submitted a written report advising that the Investment Partnership Program (HOME) is a housing assistance program of the U. S. Department of Housing and Urban Development (HUD); the City has received a HOME entitlement grant each year since fiscal year 1992 and must reapply annually to HUD to receive such funding; and on May 9, 2000, Council authorized filing of the 2000-2001 HOME application through submission of the Consolidated Plan to HUD. 471 It was further advised that HUD's approval letter granting the City access to its 2000-2001 HOME entitlement of $678,000.00 is completing the routine release process and is forthcoming; acceptance of funds and appropriation to accounts indicated in Attachment A to the report is necessary to permit projects to proceed, and, in addition, $1,000.00 in 1999/2000 HOME entitlement funds needs to be appropriated; along with these actions, $252,960.00 unexpended from earlier HOME accounts needs to be transferred as indicated in Attachment B to the report; and acceptance of the 2000-2001 entitlement requires a local match of $77,192.00; however, no outlays of City funds will be needed to meet this requirement. The City Manager recommended that Council take the following actions: Adopt a resolution accepting $678,000.00 in 2000- 2001 HOME funds, contingent upon receipt of the approval letter from HUD; Authorize the City Manager to execute the required Grant Agreement (to be approved as to form by the City Attorney), Funding Approval, and any other forms required by HUD in order to accept the funds; Appropriate $679,000.00 to revenue and expenditure accounts in the Grant Fund to be established by the Director of Finance, as set forth in Attachment A to the report; and Transfer $252,960.00 in HOME accounts from prior years to projects included in the 2000-2001 HOME program, as set forth in Attachment B to the report. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#34882-061900) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Bool~No. 63, page 222.) 472 ACTION: ACTION: Mr. White moved the adoption of Ordinance No. 34882-061900. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Butler, Hudson and Vice-Mayor Harris ......................................................... -6. NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) Mr. White offered the following resolution: (#34883-061900) A RESOLUTION accepting the Fiscal Year 2000- 2001 funds for the HOME Investment Partnerships Program, and authorizing the proper City officials to execute the requisite Grant Agreement with the United States Department of Housing and Urban Development (HUD). (For full text of Resolution, see Resolution Book No. 63, page 224.) Mr. White moved the adoption of Resolution No. 34883-061900. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Butler, Hudson and Vice-Mayor Harris ............................................................... 6. NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) HOUSING/AUTHORITY-HIGHER EDUCATION CENTER- DOWNTOWN NORTH: A report in connection with the Shenandoah Crossing Cooperation and Parking Agreement and appropriation of funds to the Roanoke Redevelopment and Housing Authority, was withdrawn by the City Manager. PURCHASE/SALE OF PROPERTY: The City Manager submitted a written report advising that Council authorized acquisition of approximately 6.5 acres of land in Westview Terrace (the property) from Habitat for Humanity for $352,800.00, pursuant to Ordinance No. 34031- 100798; minimum standards for development were developed and approved by neighborhood representatives and Council; Council authorized conveyance of the property to the highest bidder, pursuant ACTION: 473 to Resolution No. 34166-020199; and the property was advertised and bids were opened on July 9, 1999, and on December 20, 1999, Council rejected all bids received and authorized readvertisement for bids on the property following revision of the minimum development standards to include a lien for non-development within five years; and if any of the 24 buildable lots are not built upon within five years, the buyer must pay the City $4,000.00 for each undeveloped lot; and conveyance of real property must be approved by Council. It was further advised that the property was readvertised and bids were opened on May 18, 2000, with the highest bid having been submitted by Jerry W. Jones Construction, L. L. C. in the amount of $125,110.00; whereupon, the City Manager recommended that Council authorize advertisement of a public hearing, and lacking any comments to the contrary, authorize the City Manager to execute the appropriate documents to convey said parcels of land to Jerry W. Jones Construction, L. L. C., in a form acceptable to the City Attorney; and that proceeds from the sale of the property be appropriated to a Capital Projects Fund account for initial expenditures related to the City's $4 million commitment to the Art Museum IMAX Theatre. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson moved that Council concur in the request of the City Manager. The motion was seconded by Mr. Swain and unanimously adopted. CITY COUNCIL-MUNICIPAL BUILDING-DECEASED PERSONS- CITY ATTORNEY: Pursuant to instructions by Council at its meeting on June 5, 2000, the City Attorney submitted a written report transmitting a resolution officially naming the City's Municipal Building the Noel C. Taylor Municipal Building, as recommended by the Noel C. Taylor Tribute Committee. He advised that the Committee also recommended that Ms. Anne Bell, a local artist, be commissioned by the City to paint a portrait of Dr. Taylor for display in the lobby of the Municipal Building; and the City Manager's Office is negotiating with the artist, and once the details have been worked out, the matter will be brought to Council for action. (For full text, see report on file in the City Clerk's Office.) Dr. Butler offered the following resolution: 474 (#34884-061900) A RESOLUTION naming the Municipal Building the Noel C. Taylor Municipal Building. (For full text of Resolution, see Resolution Book No. 63, page 225.) ACTION: Dr. Butler moved the adoption of Resolution No. 34884-061900. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Butler, Hudson and Vice-Mayor Harris 6. NAYS: None ....................................................................... O. (Mayor Bowers was absent.) PENSIONS-DIRECTOR OF FINANCE: The City Manager and the Director of Finance submitted a joint written report advising that the City of Roanoke has 32 employees whose salary and fringe benefits are paid with Federal or State grant funds; these grant employees receive the same fringe benefits as City employees, except for retirement benefits; normally, grants are approved and funded for a period of one year; due to the five year vesting requirement for the City Pension Plan and previously as much as 20 years, a retirement contribution equal to nine per cent of the employee's base salary is paid on behalf of all grant employees to a Deferred Compensation Plan managed by the International City Management Association, Retirement Corporation (ICMA); and the 32 grant employees are not members of the City of Roanoke Pension Plan which might deter City employees from applying for grant funded positions due to the fact that they would end their membership in the City Pension Plan. It was further advised that several employees who are paid by grants have inquired about membership in the City of Roanoke Pension Plan; average service time for these employees equals four and one- half years; a recent survey of other local retirement systems in Virginia reflected that employees whose salaries are paid with grant funds are included in their pension plans; Palmer & Cay Consulting Group, Actuary for the Pension Plan, states that no actuarial liability would be created by allowing these employees an irrevocable option to become a member of the Pension Plan in lieu of the nine per cent (9%) employer paid contribution to ICMA, previously authorized by Ordinance No. 26158, da~ed July 26, 1982; and if this option were granted, there would 475 be no additional cost to the City for those employees to be members of the Pension Plan since their respective grant would be required to pay the contributions. ACTION: The City Manager and the Director of Finance recommended that a one time option be granted to the currently employed 32 employees beginning July 1, 2000, and ending at the close of business on August 31, 2000, to make an irrevocable election to become an active member of the City of Roanoke Pension Plan and not receive the nine per cent (9%) employer paid ICMA contribution, or continue to receive the employer paid ICMA contribution; service accumulation in the City Pension Plan would begin on the day following the election and each current grant employee would retain the employer paid ICMA contributions, including investment returns; and all future employees hired and funded by grants will be members of the City Pension Plan; whereupon, measures were transmitted which will enact the recommended changes. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency ordinance: (#34885-061900) AN ORDINANCE amending the definition of "Employee" in §22.1-2, Definitions, and amending §22.1-3, Membership Generally, by adding a new subsection (c5), Chapter 22.1, Pensions and Retirement, Code of the City of Roanoke (1979), as amended; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 226.) Mr. Hudson moved the adoption of Ordinance No. 34885-061900. The motion was seconded by Mr. Swain. Ms. Wyatt inquired if there are other City employees who receive the ICMA benefit and were also grandfathered in to the City's Pension Plan; whereupon, the City Manager advised that a prior Council permitted two current City employees to retain their ICMA contributions and also become members of the City's Pension Plan. She stated that her review of the situation did not suggest that simply because that specific action was taken by a prior Council that it was an action that should be supported in the future. She added that she is not in a position to counter an action taken by a previous City Council, and it is her considered opinion that it would not be in the best interest of the City to allow the 32 grant employees in question to receive credit for their years of service in addition to the ICMA deferred compensation. 476 She called attention to another item on the Council's agenda that will allow these grant employees, as well as other employees of the City who have prior service, to purchase their service if they choose to do SO, Ms. Wyatt pointed out that under the proposed recommendation, the City is treating the 32 grant employees significantly different from a past practice that was approved by a pervious City Council for two current City employees. She expressed concern with regard to treating employees differently, especially when both groups requested the same benefit and, granting the request of one group of employees and not the other is blatant discrimination; therefor, she stated that she could not support the proposed ordinance. The City Manager and the Director of Finance were requested to state for the record whether they believe their recommendation is the most appropriate and equitable way to address the request of the 32 grant employees. The Director of Finance advised that the matter originated as the result of a request by a 16 year City employee who was interested in applying for a grant funded position, and the employee inquired if he or she could retain membership in the City's retirement system; however, at that time, the pension ordinance specifically excluded grant employees. He called attention to a report that was submitted to Council in October 1999 which was tabled and City staffwas instructed by Council to meet with the 32 grant employees. He explained that the 32 grant employees are entitled to an option that most City employees do not receive which enables them to retain their ICMA deferred compensation, or they can give up the right to receive the nine per cent of their gross pay and begin membership in the City's retirement system, effective July 1, 2000, and in the future, when employees are hired in positions that are funded by grants, they will automatically be included in the City's retirement system. From an organizational perspective, he advised that the proposal before Council is fair without creating other types of problems. The City Manager advised that the fact that a certain decision was made by a previous City administration and City Council must be accepted; however in her professional judgment, the recommendation currently before Council is the best recommendation possible; and she could not allow what she views as a poor decision which was made several years ago, to dictate the kind of decision that she would recommend to Council today. She added that the most significant achievement in the recommendation currently before Council is that 477 there will no longer be grant employees in the City of Roanoke, but employees who are funded by grants who will be members of the City's retirement system, therefore, these types of problems will not occur in the future. ACTION: Ordinance No. 34885-061900 was adopted by the following vote: AYES: Council Members Swain, White, Butler, Hudson and Vice- Mayor Harris ............................................................................... 5. NAYS: Council MemberWyatt ................................................ 1. (Mayor Bowers was absent.) Mr. White offered the following emergency ordinance: (#34886-061900) AN ORDINANCE amending Ordinance No. 26158, adopted on July 26, 1982, pertaining to the International City Management Association Retirement Corporation Deferred Compensation Plan, in order to continue such Plan for certain employees who elect not to participate in the Employees' Supplemental Retirement System (ESRS); and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 229.) Mr. White moved the adoption of Ordinance No. 34886-061900. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, White, Butler, Hudson and Vice- Mayor Harris ............................................................................... 5. NAYS: Council MemberWyatt ................. ~- ............................. 1. (Mayor Bowers was absent.) CITY CODE-PENSIONS: The City Manager and the Director of Finance submitted a joint written report advising that the General Assembly of the Commonwealth and the Internal Revenue Service (IRS) approved eligible Virginia Retirement System (VRS) members to purchase prior service credit on a tax-deferred basis; on February 22, 2000, Council adopted Resolution No. 34699-022200, allowing employees of the City Sheriff who are members of VRS the availability of this option; and on May 15, 2000, Council authorized the Board of Trustees of the City of Roanoke Pension Plan to enter into an 478 agreement with the VRS or other political subdivisions of the Commonwealth having a defined benefit plan allowing portability of service. It was further advised that on March 20, 2000, Mays & Valentine applied on behalf of the City Pension Plan to the IRS for eligible members to purchase certain prior service on a tax-deferred basis; and City Pension Plan members may purchase the following creditable service: Service credit forfeited because portable years of service did not transfer year for year; and Service with the City in a position funded by a grant. It was explained that the purchase of eligible service must be made through payroll deduction; the Pension Plan member must sign a salary reduction payroll agreement each year detailing the time frame of service to be purchased; and Palmer & Cay Consulting Group, Actuary for the City Pension Plan, recommended that ten per cent of present earnable compensation or average earnable compensation, whichever is greater, be used to purchase each year of service; which percentage is cost-neutral to the Pension Plan. The City Manager and the Director of Finance recommended that Council adopt an ordinance which provides for City Pension Plan members to purchase certain service as a pre-tax deduction. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency ordinance: (#34887-061900) AN ORDINANCE amending Chapter 22.1, Pensions and Retirement, of the Code of the City of Roanoke (1979), as amended, by the addition of new subsections (c) through (f) to §22.1- 43.1, Purchased Service Credit - ESRS, to provide for purchased service credit by members of (i) the Employees Supplemental Retirement System Plan from any other retirement system, not supplemental to the Virginia Retirement System, with which the City has entered into a portability agreement pursuant to §22.1-43.1, and §51.1-801.1 of the Code of Virginia (1950), as amended, and by (ii) certain employees whose positions have been funded by grants; and providing for an emergency and an effective date. (For full text of Ordinance, see Ordinance Book No. 63, page 230.) ACTION: 479 Mr. Swain moved the adoption of Ordinance No. 34887-061900. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Swain, White, Butler, Hudson and Vice- Mayor Harris ............................................................................... 5. NAYS: Council MemberWyatt- ............................................... 1. (Mayor Bowers was absent.) BUDGET-CAPITAL IMPROVEMENTS PROGRAM: The Director of Finance submitted a written report advising that capital projects of all types have been approved by Council for construction over the past years, which projects have included construction in major categories for buildings, parks, streets, bridges, sanitary sewers, water projects, storm drains and technology related projects; funding is established for each project when Council approves the project based on the bids for the various project costs, as well as extra funding for possible contingencies; completed projects have contingency funds remaining after final bills are paid, because projects are completed within the established budgets; and a number of capital projects have been completed and can be closed out and remaining funds need to be transferred from the completed projects to capital projects still under construction or to capital improvement reserve accounts for other future consideration. The Director of Finance transmitted a budget ordinance which will transfer $35,286.00 in remaining funds in completed projects to the capital improvement reserve to be available for future appropriations, with the remaining funds of $151,081.00 to be transferred to other related projects still under construction; the largest transfer consists of the Tinker Creek Interceptor Sewer project that has been completed, and funds of $96,132.00 are being transferred to the Roanoke River Sewer Interceptor Construction project, and both projects relate to the regional Sewage Treatment Plant expansion. The Director of Finance recommended transfer of funds from completed capital projects to appropriate accounts as set forth on the abovereferenced budget ordinance. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: 480 ACTION: (#34888-061900) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Sewage Treatment and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 232.) Mr. Hudson moved the adoption of Ordinance No. 34888-061900. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Butler, Hudson and Vice-Mayor Harris ............................................................. -6. NAYS: None ................................................................... 0. (Mayor Bowers was absent.) REPORTS OF COMMITTEES: BUDGET-WATER RESOURCES: Council Member Carroll E. Swain, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for preparing shop drawings, manufacturing and installing a newstand- by emergency generator for the Delray Pump Station. The Bid Committee recommended that Council accept the bid of Pioneer Electrical Contractors, Inc., in the amount of $141,875.00, and 160 consecutive calendar days for completion of the work, with a project contingency of $3,125.00, in accordance with the contract documents as prepared by the Office of the City Engineer; authorize the City Manager to enter into a contractual agreement with the builder; and appropriate $145,000.00 from Water Department Retained Earnings account to a new capital account entitled, "Delray Standby Emergency Generator". The City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#34889-061900) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Water Fund Appropriations, and providing for an emergency. ACTION: 481 (For full text of Ordinance, see Ordinance Book No. 63, page 235.) Mr. Swain moved the adoption of Ordinance No. 34889-061900. The motion was seconded by Mr. Hudson and adopted by the following vote: ACTION: AYES: Council Members Swain, White, Wyatt, Butler, Hudson and Vice-Mayor Harris .................................................................... -6. NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) Mr. Swain offered the following emergenCy ordinance: (#34890-061900) AN ORDINANCE accepting the bid of Pioneer Electrical Contractors, Inc., for preparing shop drawings, manufacturing and installing the Delray Pump Station Standby Emergency Generator, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 236.) Mr. Swain moved the adoption of Ordinance No. 34890-061900. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Butler, Hudson and Vice-Mayor Harris .................................................................... 6. NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) SIDEWALK/CURB AND GUTTER-BUDGET: Council Member Carroll E. Swain, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for new concrete sidewalks, entrances, curb and gutter improvements to be constructed throughout the City. The Bid Committee recommended that Council accept the bid of H. & S. Construction Company, in the amount of $644,350.00, with 365 calendar days for completion of the work, with a project contingency of 482 ACTION: ACTION: $60,000.00, in a form to be approved by the City Attorney; transfer $604,350.00 from Sale of Public Improvement Bonds - Series 2000, Streets and Sidewalks, to an account to be established by the Director of Finance in the Capital Projects Fund entitled, "Sidewalk and Curbs Phase V-A"; and appropriate $100,000.00 from Capital Improvement Reserve for Streets & Bridges to "Sidewalk and Curbs Phase V-A". The City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#34891-061900) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 237.) Mr. Swain moved the adoption of Ordinance No. 34891-061900. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Butler, Hudson and Vice-Mayor Harris .................................................................. 6. NAYS: None ....................................................................... O. (Mayor Bowers was absent.) Mr. Swain offered the following emergency ordinance: (#34892-061900) AN ORDINANCE accepting the bid of H. & S. Construction Company for constructing 20,000 square feet of sidewalk and 15,000 linear feet of curb on various streets throughout the City of Roanoke, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 238.) Mr. Swain moved the adoption of Ordinance No. 34892-061900. The motion was seconded by Mr. Hudson and adopted by the following vote: 483 AYES: Council Members Swain, White, Wyatt, Butler, Hudson and Vice-Mayor Harris ................................................................... 6. NAYS: None ......................................... -~ ............................ 0. (Mayor Bowers was absent.) Mr. White raised a question with regard to distribution of sidewalk installations throughout the City, and asked that Mr. Kiser review past actions to insure that sidewalk installation has been equitably distributed. BUDGET-MUNICIPAL BUILDING: Council Member Carroll E. Swain, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for Municipal South Renovations consisting of the following: Council Chambers New ceiling, lights and air diffusers Removal of sliding wall panels on each side Removal of existing wall fabric and installation of new fabric Removal of vinyl asbestos tile and base New dais, podium, speaker stand, and Mayor's agenda table Paint as specified in Contract Documents Council Conference Room Removal of present ceiling and replace with new ceiling, lights and air diffusers Fourth Floor Corridor Removal of vinyl asbestos tile and base New vinyl composition tile and vinyl base Removal of wall fabric and replace Rework and replace ceiling tile Paint doors, frames and ceiling recess at ends of lights ADA Compliant Toilets Men's and women's toilets on first floor, second floor and fourth floor 484 ACTION: The Bid Committee recommended that Council accept the bid of A & E International, L. L. C., in the amount of $144,787.27, and 120 consecutive calendar days for completion of the work, in accordance with the contract documents as prepared by the Office of the City Engineer, in association with Whitescarver, Hurd & Obenchain, Inc.; authorize the City Manager to enter into a contractual agreement, in a form to be approved by the City Attorney; transfer $260,688.00 for the entire project, and authorize the Director of Finance to create a new capital account entitled, "Municipal South Renovations"; and reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#34893-061900) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 239.) Mr. Swain moved the adoption of Ordinance No. 34893-061900. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Butler, Hudson and Vice-Mayor Harris ..................................................................... 6. NAYS: None ....................................................................... O. (Mayor Bowers was absent.) Mr. Swain offered the following emergency ordinance: (#34894-061900) AN ORDINANCE accepting the bid of A & E International, L.L.C., for Municipal South Renovations, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 240.) ACTION: 485 Mr. Swain moved the adoption of Ordinance No. 34894-061900. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Butler, Hudson and Vice-Mayor Harris ................................................................... -6. NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) BUDGET-CULTURAL SERVICES COMMITTEE: The Cultural Services Committee submitted a written report advising that the Cultural Services Committee budget, in the amount of $275,187.00, was established by Council, pursuant to adoption of the General Fund budget for fiscal year 2000-01 on May 9, 2000; requests from 16 different agencies totaling $476,280.00 were received and committee members studied each application prior to the allocation meeting which was held on April 25, 2000. It was further advised that appeals of committee recommendations, as provided by committee policy, were received after notification to each agency of its tentative recommended allocation; one appeal was filed and heard on May 19, 2000, from the Harrison Museum of African American Culture; the Committee voted to allocate $17,223.00 to the Museum; performance audits will be conducted by the Arts Council of the Blue Ridge to evaluate the effectiveness and efficiency of funded programs; and the Committee is concerned that some regional agencies are not funded by other localities, with Attachment B indicating funding received from other jurisdications. The Cultural Services Committee recommended that Council transfer $275,187.00 as set forth in Attachment A to the report from the Cultural Services Committee, Account No. 001-630-5221-3700, to new line items to be established within the Cultural Services Committee budget by the Director of Finance. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#34895-061900) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General Fund Appropriations, and providing for an emergency. 486 ACTION: ACTION: (For full text of Ordinance, see Ordinance Book No. 63, page 241.) Mr. Swain moved the adoption of Ordinance No. 34895-061900. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Butler, Hudson and Vice-Mayor Harris .................................................................... -6. NAYS: None ..................................................................... 0. (Mayor Bowers was absent.) Mr. Swain offered the following resolution: (#34896-061900) A RESOLUTION concurring in the recommendations of the Cultural Services Committee for allocation of City funds to various nonprofit agencies and performance audits for Fiscal Year 2000-2001. (For full text of Resolution, see Resolution Book No. 63, page 243.) Mr. Swain moved the adoption of Resolution No. 34896-061900. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Butler, Hudson and Vice-Mayor Harris ................................................................... -6. NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) BUDGET-HUMAN DEVELOPMENT COMMITTEE: The Human Services Committee submitted a written report advising that the Human Services Committee budget, in the amount of $460,941.00, was established by Council with the adoption of the General Fund budget for fiscal year 2000-01 on May 9, 2000; requests from 37 agencies totaling $784,301.56 were received as indicated on Attachment A to the report; and Committee members studied each application prior to an allocation meeting which was held on April 18, 2000. 487 It was further advised that appeals of Committee recommendations, as provided by Committee policy, were received after notification to each agency of its tentative recommended allocation; and the following four appeals were filed and heard on May 16, 2000; Conflict Resolution Center - An appeal was heard and denied; Goodwill Industries Tinker Mountain, Inc. - The Committee requested the Director of Human Development to identify additional funding sources for this agency; Southwestern Virginia Second Harvest Food Bank - An additional $1,000.00 for a total amount of $14,641.00 was allocated to the Food Bank, however, the total request of $25,000.00 could not be provided; National Conference for Community and Justice - This agency was not considered for funding during deliberations because they did not meet policies and procedures set forth by the City, an appeal was filed, additional information was submitted which brought them into compliance, and an amount of $2,000.00 was recommended for this agency. In addition, it was explained that performance audits will be conducted by the Council of Community Services to evaluate the effectiveness and efficiency of funded programs; and the Committee is concerned that some regional agencies are not funded by other localities; with Attachment B to the report indicating funding received from other jurisdictions. The Human Services Committee recommended that Council transfer $460,941.00 from the Human Services Committee, Account No. 001-630-5220-3700, to new line items to be established by the Director of Finance as set forth in Attachment A to the report; authorize the City Manager to negotiate a contract for $27,000.00 with The Salvation Army for provision of services to Roanoke City citizens under the Homeless Housing Program (The Red Shield Lodge) and/or Abused Women's Shelter (The Turning Point); and further authorize the City Manager to negotiate a contract for $11,000.00 to cover performance audits to be conducted by the Council of Community Services. 488 ACTION: ACTION: (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#34897-061900) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 244.) Mr. Hudson moved the adoption of Ordinance No. 34897-061900. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Butler, Hudson and Vice-Mayor Harris .............................................................. -6. NAYS: None ...................................................................... -0. (Mayor Bowers was absent.) Mr. Hudson offered the following resolution: (#34898-061900) A RESOLUTION concurring in the recommendations of the Human Services Committee for allocation of City funds to various nonprofit agencies and performance audits for Fiscal Year 2000-2001, and authorizing the City Manager to negotiate a contract with The Salvation Army for provision of services under the Homeless Housing Program and/or Abused Women's Shelter. (For full text of Resolution, see Resolution Book No. 63, page 247.) Mr. Hudson moved the adoption of Resolution No. 34898-061900. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Butler, Hudson and Vice-Mayor Harris ................................................................ 6. NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) UNFINISHED BUSINESS: 489 CONVENTION AND VISITORS BUREAU-TOURISM: Council at its meeting on Monday, June 5, 2000, having tabled a report of the City Manager with regard to the fiscal year 2000-01 agreement between the City of Roanoke and the Roanoke Valley Convention and Visitors Bureau, Mr. White moved that the matter be taken from the table. The motion was seconded by Mr. Swain and adopted. The City Manager submitted a written report advising that Council adopted an annual operating budget which included $541,440.00 to the Roanoke Valley Convention and Visitor's Bureau (RVCVB) for fiscal year 2000-01; and Council requests assistance of the RVCVB in marketing and selling Roanoke and desires assurances that these funds will be used for these purposes. It was further advised that the City has negotiated a one year agreement commencing July 1, 2000, with the RVCVB detailing the use of funds; the RVCVB will submit a detailed budget and work plan to the City Manager no later than July 30, 2000, for review and approval; funding should be made available in a timely manner to insure consistent delivery of services by the RVCVB; and the agreement contains a provision requiring both partners to indemnify and hold harmless each other. The City Manager recommended that Council authorize four payments of $135,360.00, each, for a total of $541,440.00, and authorize the City Manager to execute an agreement for the express purpose of marketing the Roanoke Valley as a regional destination for convention, conference, leisure and business travel. (For full text, see report on file in the City Clerk's Office.) David J. Kjolhede, Executive Director, Roanoke Valley Convention and Visitor's Bureau, advised that he would respond to certain questions based on the stated concerns of Council. He explained that the percentage of the total RVCVB budget funded by the City of Roanoke last year was approximately 64 per cent. In regard to personnel policies and procedures, he advised that when he met with Council last year, he assured the Members of Council that the Roanoke Valley Convention and Visitors Bureau is an equal opportunity employer and shortly after the Council meeting, a member of the staff resigned, the RVCVB again followed routine practices of publicizing the position and hired an individual from the minority community as its conference coordinator, and no further staff turnover has occurred since that time. He stated that other concerns expressed by Council would be more appropriately addressed by a member of the City staff. 490 ACTION: ACTION: Mr. Hudson offered the following resolution: (#34899-061900) A RESOLUTION authorizing an agreement with the Roanoke Valley Convention and Visitors Bureau for the purpose of increasing tourism in the Roanoke Valley. (For full text of Resolution, see Resolution Book No. 63, page 248.) Mr. Hudson moved the adoption of Resolution No. 34899-061900. The motion was seconded by Dr. Butler and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Butler, Hudson and Vice-Mayor Harris .................................................................. 6. NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: BICYCLISTS: Ordinance No. 34851, having previously been before the Council for its first reading on Monday, June 5, 2000, read and adopted on its first reading and laid over, was again before the body, Mr. Swain offering the following for its second reading and final adoption: (34851-061900) AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by adding new §21-47, Bicycle helmets, to Article I, In General, of Chapter 21, Offenses - Miscellaneous, Code of the City of Roanoke (1979), as amended, such new section prohibiting persons fourteen years of age or younger from riding or being carried on a bicycle on any highway, sidewalk, or public bicycle path without wearing a protective helmet; and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 63, page 180.) Mr. Swain moved the adoption of Ordinance No. 34851-061900. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Butler, Hudson and Vice-Mayor Harris, .6. 491 NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL: This being the last Council Meeting of Council Members Swain and Butler, Members of Council commended their service; whereupon, it was noted that a reception will be held on June 26, 2000, at which time other expressions of appreciation will be presented. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: COMPLAINTS: Mr. William Brown 445 Elm Avenue, S. W., appeared before Council in connection with certain existing undesirable conditions in his neighborhood resulting from activities of a business establishment; i.e. alcohol sales, alcohol and drug users, debris, loitering, disturbing the peace, etc. He advised that after talking with the City Manager, she suggested that he take his concerns to the Virginia Alcoholic Beverage Control Board; however, this is not an acceptable solution to the problem. He requested the assistance of the City of Roanoke in addressing the matter. It was the consensus of Council to refer the remarks of Mr. Brown to the City Manager for appropriate response. MISCELLANEOUS-NEIGHBORHOOD ORGANIZATIONS: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., appeared before Council on behalf of most residents and supporters of Historic Gainsboro. She advised that Members of Council are aware of which Council actions have caused pain and which actions have caused joy in the Gainsboro community; therefore, there is no need for enumeration. She further advised that the trust of the people which is given to elected, appointed and volunteer leaders should not be betrayed, and asked that Mayor Bowers be briefed on her message because it is intended for each outgoing City Council member, each remaining City Council Member and each incoming City Council Member. She stated thatwhen Council Members are lonely, Historic Gainsboro wishes them love; when they are down, Historic Gainsboro wishes them joy; when things get complicated, Historic Gainsboro wishes them faith; and when things 492 look empty, Historic Gainsboro wishes them hope. In conclusion, she advised that each of us have, or will, experience all of these emotions at some time in our life. ACTION: ACTION: At 5:05 p.m., the Vice-Mayor declared the meeting in recess. At 6:50 p.m., the meeting reconvened in the Council Chamber, with Vice-Mayor Harris presiding, and all Members of the Council in attendance, with the exception of Mayor Bowers. COUNCIL: With respect to the Closed Meeting just concluded, Mr. Swain moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Swain, White, Butler, Hudson and Vice- Mayor Harris ................................................................................ 5. NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) (Council Member Wyatt was out of the Council Chamber.) OATHS OF OFFICE-COMMITTEES-YOUTH: The Vice-Mayor advised that there is a vacancy on the Youth Services Citizen Board created by expiration of the term of office of Adam G. Herbert, and called for nominations to fill the vacancy. Mr. White placed in nomination the name of Jamie C. Payne. There being no further nominations, Ms. Payne was appointed as a member of the Youth Services Citizen Board, for a term ending May 31, 2003, by the following vote: FOR MS. PAYNE: Council Members Swain, White, Hudson, Butler and Vice-Mayor Harris ........................................................ 5. (Mayor Bowers was absent.) (Council Member Wyatt was out of the Council Chamber.) OATHS OF OFFICE-COMMITTEES-LIBRARIES: The Vice-Mayor ACTION: ACTION: 493 advised that there is a vacancy on the Roanoke City Public Library Board created by the resignation of Gloria P. Manns, and called for nominations to fill the vacancy. Mr. White placed in nomination the name of JoAnn F. Hayden. There being no further nominations, Ms. Hayden was appointed as a member of the Roanoke City Public Library Board, for a term ending June 30, 2002, by the following vote: FOR MS. HAYDEN: Council Members Swain, White, Hudson, Butler and Vice-Mayor Harris ........................................................ 5. (Mayor Bowers was absent.) (Council Member Wyatt was out of the Council Chamber.) OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: The Vice-Mayor advised that there is a vacancy on the Roanoke Neighborhood Partnership Steering Committee created by expiration of the term of office of Judy A. Bower, and called for nominations to fill the vacancy. Mr. Hudson placed in nomination the name of Henry Scholz. There being no further nominations, Mr. Scholz was appointed as a member of the Roanoke Neighborhood Partnership Steering Committee, for a term ending November 30, 2002, by the following vote: FOR MR. SCHOLZ: Council Members Swain, White, Hudson, Butler and Vice-Mayor Harris ........................................................ 5. (Mayor Bowers was absent.) (Council Member Wyatt was out of the Council Chamber.) OATHS OF OFFICE-COMMITTEES-LIBRARIES: The Vice-Mayor advised that the terms of office of Michael L. Ramsey, Rochelle S. Nolan, and Brooke M. Parrott as members of the Roanoke Public Library Board will expire on June 30, 2000, and called for nominations to fill the vacancies. Mr. White placed in nomination the names of Michael L. Ramsey, Rochelle S. Nolan and Brooke M. Parrott. 49,4 ACTION: ACTION: ACTION: There being no further nominations, Mr. Ramsey, Ms. Nolan and Ms. Parrott were reappointed as members of the Roanoke Public Library Board, for terms ending June 30, 2003, by the following vote: FOR MR. RAMSEY, MS. NOLEN AND MS. PARROTT: Council Members Swain, White, Wyatt, Hudson, Butler and Vice-Mayor Harris--5. (Mayor Bowers was absent.) (Council Member Wyatt was out of the Council Chamber.) OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION: The Vice-Mayor advised that the terms of office of Ann L. Weinstein and LuJean Bedard as members of the Roanoke Arts Commission will expire on June 30, 2000, and called for nominations to fill the vacancies. Mr. White placed in nomination the names of Ann L. Weinstein and LuJean Bedard. There being no further nominations, Ms. Weinstein and Ms. Bedard were reappointed as members of the Roanoke Arts Commission, for terms ending June 30, 2003, by the following vote: FOR MS. WEINSTEIN AND MS. BEDARD: Council Members Swain, White, Hudson, Butler and Vice-Mayor Harris ......................... 5. (Mayor Bowers was absent.) (Council Member Wyatt was out of the Council Chamber.) OATHS OF OFFICE-COMMITTEES-WAR MEMORIAL: The Vice- Mayor advised that the terms of office of Robert O. Gray, Sloan H. Hoopes and Alfred C. Moore as members of the War Memorial Committee will expire on June 30, 2000, and called for nominations to fill the vacancies. Mr. White placed in nomination the names of Robert O. Gray, Sloan H. Hoopes, and Alfred C. Moore. There being no further nominations, Mr. Gray, Mr. Hoopes, and Mr. Moore were reappointed as members of the War Memorial Committee, for terms ending June 30, 2001, by the following vote: FOR MR. GRAY, MR. HOOPES AND MR. MOORE: Council Members Swain, White, Hudson, Butler and Vice-Mayor Harris ......... 5. ACTION: 495 (Mayor Bowers was absent.) (Council Member Wyatt was out of the Council Chamber.) OATHS OF OFFICE-COMMITTEES-CULTURAL SERVICES COMMITTEE: The Vice-Mayor advised that the terms of office of Frances L. Keen, Frank J. Eastburn, Michael Brennan, George A. Kegley, Courtney Penn, and Beverly James as members of the Cultural Services Committee will expire on June 30, 2000, and called for nominations to fill the vacancies. Mr. White placed in nomination the names of Frances L. Keen, Frank J. Eastburn, Michael Brennan, George A. Kegley, Courtney Penn, and Beverly James. There being no further nominations, Ms. Keen, Mr. Eastburn, Mr. Brennan, Mr. Kegley, Mr. Penn and Ms. James were reappointed as members of the Cultural Services Committee, for terms ending June 30, 2001, by the following vote: FOR MS. KEEN, MR. EASTBURN, MR. BRENNAN, MR. KEGLEY, MR. PENN AND MS. JAMES: Council Members Swain, White, Hudson, Butler and Vice-Mayor Harris ........................................................... 5. (Mayor Bowers was absent.) (Council Member Wyatt was out of the Council Chamber.) OATHS OF OFFICE-COMMITTEES-HUMAN DEVELOPMENT: The Vice-Mayor advised that the terms of office of Frank W. Feather, Cynthia S. Bryant, Evelyn F. Board, Margaret C. Thompson and Glenn D. Radcliffe as members of the Human Services Committee will expire on June 30, 2000, and called for nominations to fill the vacancies. Mr. White placed in nomination the names of Frank W. Feather, Cynthia S. Bryant, Evelyn F. Board, Margaret C. Thompson, Glenn D. Radcliffe and Pam Kestner Chappelear. There being no further nominations, Reverend Feather, Ms. Bryant, Ms. Board, Ms. Thompson and Mr. Radcliffe were reappointed and Ms. Kestner-Chappelear was appointed as members of the Human Services Committee, for terms ending June 30, 2001, by the following vote: 496 ACTION: ACTION: FOR REVEREND FEATHER, MS. BRYANT, MS. BOARD, MS. THOMPSON, MR. RADCLIFFE AND MS. KESTNER-CHAPPELEAR: Council Members Swain, White, Hudson, Butler and Vice-Mayor Harris ......................................................................................... 5. (Mayor Bowers was absent.) (Council Member Wyatt was out of the Council Chamber.) OATHS OF OFFICE-COMMITTEES-FLOOD REDUCTION/ CONTROL: The Vice-Mayor advised that the terms of office of Willard N. Claytor, Read A. Lunsford, Edgar V. Wheeler, Dennis Tinsley, Kathy S. Hill, Lucian Y. Grove, E. L. Noell and Bill Tanger as members of the Flood Plain Committee will expire on June 30, 2000, and called for nominations to fill the vacancies. Mr. White placed in nomination the names of Willard N. Claytor, Read A. Lunsford, Edgar V. Wheeler, Dennis Tinsley, Kathy S. Hill, Lucian Y. Grove, E. L. Noell and Bill Tanger. There being no further nominations, Mr. Claytor, Mr. Lunsford, Mr. Wheeler, Mr. Tinsley, Ms. Hill, Mr. Grove, Mr. Noell and Mr. Tanger were reappointed as members of the Flood Plain Committee, for terms ending June 30, 2001, by the following vote: FOR MR. CLAYTOR, MR. LUNSFORD, MR. WHEELER, MR. TINSLEY, MS. HILL, MR. GROVE, MR. NOELL AND MR. TANGER: Council Members Swain, White, Hudson, Butler and Vice-Mayor Harris ......................................................................................... 5. (Mayor Bowers was absent.) (Council Member Wyatt was out of the Council Chamber.) OATHS OF OFFICE-COMMITTEES-ECONOMIC DEVELOPMENT: The Vice-Mayor advised that the terms of office of John P. Baker, William L. Bova and Phillip F. Sparks as members of the Economic Development Commission will expire on June 30, 2000, and called for nominations to fill the vacancies. Mr. White placed in nomination the names of John P. Baker, William L. Bova and Phillip F. Sparks. There being no further nominations, Mr. Baker, Mr. Bova and Mr. Sparks were reappointed as members of the Economic Development Commission, for a term ending June 30, 2003, by the following vote: ACTION: ACTION: ACTION: 497 FOR MR. BAKER, MR. BOVA AND MR. SPARKS: Council Members Swain, White, Hudson, Butler and Vice-Mayor Harris ........... 5. (Mayor Bowers was absent.) (Council Member Wyatt was out of the Council Chamber.) OATHS OF OFFICE-COMMITTEES-GREENWAY SYSTEM: The Vice-Mayor advised that the term of office of Lucy R. Ellett as a member of the Roanoke Valley Greenways Commission will expire on June 30, 2000, and called for nominations to fill the vacancy. Mr. White placed in nomination the name of Lucy R. Ellett. There being no further nominations, Ms. Ellett was reappointed as a member of the Roanoke Valley Greenways Commission, for a term ending June 30, 2003, by the following vote: FOR MS. ELLETT: Council Members Swain, White, Hudson, Butler and Vice-Mayor Harris ......................................................... 5. (Mayor Bowers was absent.) (Council Member Wyatt was out of the Council Chamber.) OATHS OF OFFICE-COMMITTEES-PERSONNEL DEPARTMENT: The Vice-Mayor advised that the terms of office of Jeanette E. Hardin, Alphonzo L. Holland, Sr., and Carol D. Wright as members of the Personnel and Employment Practices Commission will expire on June 30, 2000, and called for nominations to fill the vacancies. Mr. White placed in nomination the names of Jeanette E. Hardin, Alphonzo L. Holland, Sr., and Carol D. Wright. There being no further nominations, Ms. Hardin, Mr. Holland and Ms. Wright were reappointed as members of the Personnel and Employment Practices Commission for a terms ending June 30, 2003, by the following vote: FOR MS. HARDIN, MR. HOLLAND AND MS. WRIGHT: Council Members Swain, White, Wyatt, Hudson, Butler and Vice-Mayor Harris--5. (Mayor Bowers was absent.) (Council Member Wyatt was out of the Council Chamber.) 498 OATHS OF OFFICE-COMMITTEES-PARKS AND RECREATION: The Vice-Mayor advised that the terms of office of Richard Clark, Steven Higgs, Carl H. Kopitzke, and Betty Field as members of the Mill Mountain Advisory Committee will expire on June 30, 2000, and called for nominations to fill the vacancies. Mr. White placed in nomination the names of Richard Clark, Steven Higgs, Carl H. Kopitzke, and Betty Field. There being no further nominations, Mr. Clark, Mr. Higgs, Mr. Koptizke, and Ms. Field were reappointed as members of the Mill Mountain Advisory Committee, for terms ending June 30, 2001, by the following vote: ACTION: FOR MR. CLARK, MR. HIGGS, MR. KOPITZKE AND MS. FIELD: Council Members Swain, White, Hudson, Butler and Vice-Mayor Harris ......................................................................................... 5. (Mayor Bowers was absent.) (Council Member Wyatt was out of the Council Chamber.) OATHS OF OFFICE-COMMITTEES-FIFTH PLANNING DISTRICT COMMISSION: The Vice-Mayor advised that the terms of office of Evelyn S. Lander and Linda F. Wyatt as members of the Roanoke Valley-Allegheny Regional Commission will expire on June 30, 2000, and called for nominations to fill the vacancies. Mr. White placed in nomination the names of Evelyn S. Lander and Linda F. Wyatt. There being no further nominations, Ms. Lander and Ms. Wyatt were reappointed as members of the Roanoke Valley-Allegheny Regional Commission, for terms ending June 30, 2003, by the following vote: ACTION: FOR MS. LANDER AND MS. WYATT: Council Members Swain, White, Hudson, Butler and Vice-Mayor Harris .................................. 5. (Mayor Bowers was absent.) (Council Member Wyatt was out of the Council Chamber.) ACTION: ACTION: 499 OATHS OF OFFICE-COMMITTEES-SPECIAL EVENTS: The Vice- Mayor advised that the terms of office of David Davis, Catherine Fox, Estelle H. McCadden, Samuel G. Oakey, III, Amy W. Peck, Sherley E. Stuart, Kathy Wilson and Rodney E. Lewis as members of the Special Events Committee will expire on June 30, 2000, and called for nominations to fill the vacancies. Mr. White placed in nomination the names of David Davis, Catherine Fox, Estelle H. McCadden, Samuel G. Oakey, III, Amy W. Peck, Sherley E. Stuart, Kathy Wilson and Rodney E. Lewis. There being no further nominations, Mr. Davis, Ms. Fox, Ms. McCadden, Mr. Oakey, Ms. Peck, Mr. Stuart, Ms. Wilson and Mr. Lewis were reappointed as members of the Special Events Committee, for terms ending June 30, 2001, by the following vote: FOR MR. DAVIS, MS. FOX, MS. MCCADDEN, MR. OAKEY, MS. PECK, MR. STUART, MS. WILSON AND MR. LEWIS: Council Members Swain, White, Hudson, Butler and Vice-Mayor Harris ......................... 5. (Mayor Bowers was absent.) (Council Member Wyatt was out of the Council Chamber.) OATHS OF OFFICE-COMMITTEES-PENSIONS: The Vice-Mayor advised that the term of office of Donna S. Johnson as a member of the Board of Trustees, City of Roanoke Pension Plan, will expire on June 30, 2000, and called for nominations to fill the vacancy. Mr. White placed in nomination the name~)f Donna S. Johnson. There being no further nominations, Ms. Johnson was reappointed as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term ending June 30, 2004, by the following vote: FOR MS. JOHNSON: Council Members Swain, White, Hudson, Butler and Vice-Mayor Harris ........................................................ 5. (Mayor Bowers was absent.) (Council Member Wyatt was out of the Council Chamber.) OATHS OF OFFICE-COMMITTEES-FIRE DEPARTMENT: The Vice- Mayor advised that the terms of office of Bobby Lavendar and E. L. Noell as members of the Board of Fire Appeals will expire on June 30, 2000, and called for nominations to fill the vacancies. 5O0 Mr. White placed in nomination the names of Bobby Lavendar and E. L. Noell. ACTION: There being no further nominations, Mr. Lavendar and Mr. Noell were reappointed as members of the Board of Fire Appeals, for terms ending June 30, 2004, by the following vote: FOR MR. LAVENDAR AND MR. NOELL: Council Members Swain, White, Hudson, Butler and Vice-Mayor Harris .................................. -5. (Mayor Bowers was absent.) (Council Member Wyatt was out of the Council Chamber.) At 6:55 p.m., the Vice-Mayor declared the meeting in recess until 7:00 p.m. On Monday, June 19, 2000, at 7:00 p.m., the Roanoke City Council reconvened in regular session in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Vice-Mayor Harris presiding. PRESENT: Council Members Swain, White, Wyatt, Hudson, Butler and Vice-Mayor Harris ........................................................ 6. ABSENT: Mayor Bowers ..................................................... 1. OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Sr., Deputy City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Vice- Mayor Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mr. Elisse Balisage who became a citizen of the United States of America on March 31, 2000. PUBLIC HEARINGS: ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 19, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Northwest 501 Neighborhood Environmental Organization, Inc., that properties located in the 900 block of Centre Avenue, N. W., be' rezoned from RM-3, Residential Multifamily, High Density District, to RM-4, Residential Multifamily, High Density District, described as Official Tax Nos. 2112503, 2112504, 2112505, 2112506, 2112507, 2112508, 2112509, 2112510, 2112511, 2112512, 2111914, 2111915, 2111916, 2111917, 2111918, 2111919, 2111920, 2111921, and 2111922, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, June 1 and Thursday, June 8, 2000, and in The Roanoke Tribune on Thursday, June 8, 2000. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that on February 22, 2000, the Planning Commission petitioned and recommended approval to Council for rezoning of the aforementioned properties from LM, Light Manufacturing District, to RM-3, Residential Multifamily High Density District; Council approved the rezoning by unanimous vote on February 22, 2000; the Northwest Neighborhood Environmental Organization (NNEO) subsequently realized that the lot size requirements in the RM-3, Residential Multifamily High Density District, could not be met with the proposed 68 units for the site; therefore, on April 6, 2000, the NNEO filed a petition to rezone the property to RM-4, Residential Multifamily High Density District; and RM- 4 provides for a lot requirement of 1,000 square feet per dwelling unit as opposed to the 1,800 square feet requirement per dwelling unit in the RM-3 district The City Planning Commission recommended approval of the rezoning request from RM-3 to RM-4, subject to certain conditions proffered by the petitioner. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. Hudson moved that the following ordinance be placed upon its first reading: (#34900) AN ORDINANCE to amend §36.1~3, Code of the City of Roanoke (1979), as amended, and Sheet No. 211, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 63, page 249.) 5O2 The motion was seconded by Dr. Butler. Donald Harwood, Architect for the project, appeared before Council in support of the request. The Vice-Mayor inquired if there were persons present who would like to address Council with regard to the request. There being none, Ordinance No. 34900 was adopted, on its first reading, by the following vote: AYES: Council Members Swain, White, Wyatt, Butler, Hudson and Vice-Mayor Harris ................................................................... 6. NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 19, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the Northwest Neighborhood Environmental Organization, Inc., to vacate, discontinue and close certain portions of a public alley as the same extends in a westerly direction from the easternmost property line of Official Tax No. 2111914 to the right-of-way boundary of 10th Street, N. W., the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, June 1 and Thursday, June 8, 2000, and in The Roanoke Tribune on Thursday, June 8, 2000. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that a previous application to close and vacate a one-block section of Centre Avenue, N. W., and a major portion of an adjacent alley was received, reviewed and approved by the Planning Commission on February 22, 2000, and approved by Council on March 6, 2000; the petitioner made numerous attempts to acquire the last remaining parcel in this block of City lots, but was unsuccessful and did not initially request the closure and vacation of this section of alley; however, the petitioner has now acquired the property (Official Tax No. 2111914) and is requesting closure and vacation of the remaining alley section; and the applicant ACTION: 5O3 proposes to use this portion of alley right-of-way in conjunction with the surrounding properties for the development of a residential care facility for the elderly. The City Planning Commission recommended that Council approve the request, subject to the following conditions: The applicant shall submit a subdivision plat to the Agent of the Planning Commission, receive all approvals, and record the same with the Clerk of the Circuit Court for the City of Roanoke; the plat shall combine all properties which would otherwise be landlocked by the requested closure, or otherwise dispose of the land within the right- of-way in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress over same. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of the proposed ordinance for recordation to the Clerk of the Circuit Court of the City of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as grantees; the applicant shall pay any fees and charges required by the Clerk for recordation. Upon recording a certified copy of the proposed ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the City Engineer, the Clerk's receipt, verifying the recordation of such ordinance. If the above conditions have not been met within a period of one year from the date of adoption of the proposed ordinance effecting said closure and vacation, said ordinance shall be null and void with no further action by Council being necessary. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson moved that the following ordinance be placed upon its first reading: 504 (#34901) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 63, page 250.) The motion was seconded by Mr. White. Donald Harwood, Architect for the project, appeared before Council in support of the request. The Vice-Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 34901 was adopted, on its first reading, by the following vote: AYES: Council Members Swain, White, Wyatt, Butler, Hudson and Vice-Mayor Harris ................................................................... -6. NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 19, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Jeffrey R. Martin that property located on the west side of Grandview Avenue, N. W., Official Tax No. 2270223, be rezoned from C-1, Office District, to RS-3, Residential Single Family District; and repealing conditions approved by Ordinance No. 32701-102395 on said property, 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 Thursday, June 1 and Thursday, June 8, 2000, and in The Roanoke Tribune on Thursday, June 8, 2000. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that in 1995, the prope,-ty was rezoned from RS-3, Residential Single-Family, to C-1, Office District, subject to the following proffered conditions: (1) submittal of a site development plan, which called for construction of a child day care facility; and (2) inclusion of a reversion clause, stating 5O5 that the property would revert to RS-3 zoning if the development did not commence within three years (Ordinance No. 32701-102395, adopted October 23, 1995); the petitioner at the time, Sonshine Christian Education Ministries, failed to develop the property within the allotted three years; in 1996, the Virginia Attorney General issued an opinion invalidating the use of reversion clauses that result in the downzoning of property; based on this opinion, the subject property has remained C-1, even though Sonshine Ministries did not build its facility; Mr. Jeff Martin, a local manufactured housing developer, is under contract to purchase the property with plans to develop a ten lot residential subdivision; and Mr. Martin requests that the property be rezoned from C-1, Office District, to RS-3, Residential Single-Family District, subject to certain conditions proffered by the petitioner. The City Planning Commission recommended that Council approve the request for rezoning from C-1 to RS-3, subject to certain conditions proffered by the petitioner. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson moved that the following ordinance be placed upon its first reading: "AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 227, Sectional 1976 Zone Map, City of Roanoke, in order to repeal certain conditions presently binding upon certain property previously conditionally rezoned from RS-3, Residential Single Family District, to C-1, Office District; and to rezone certain property within the City, from C-1, Office District, to RS-3, Residential Single Family District, subject to certain conditions proffered by the applicant." The motion was seconded by Mr. White. Michael K. Smeltzer, Attorney, representing the petitioner, advised that the property was zoned in 1995 from single family residential to commercial and certain proffered conditions were required to be met within three years, or the property would revert back to single family. He requested that the property be returned to its original z(~ning, Single Family Residential District, which will enable his client to construct single family residences. He called attention to meetings that were held with City staff and members of the Williamson Road Action Forum in an effort to respond to questions and concerns. 506 Fredrick Williams, 3725 Sunrise Avenue, N. W., representing the Neighborhood Development Committee of the Williamson Road Action Forum (WRAF), advised that the Williamson Road Action Forum and the neighborhood, in general, have concerns with regard to the proposed development. He explained that WRAF did not oppose the proposed rezoning outright when it came before the City Planning Commission on May 17, 2000, because the organization was led to believe that the attorney for the petitioner intended to proffer a more detailed site plan than was submitted, which would address such matters as orientation of the houses on the lots, variation in appearance of the houses as seen from the street, including some variation in roof lines and not just a catalogue of possible house styles, use of more brick on some of the houses, a guarantee that no single style of house would be predominant in the development, and a schedule for project completion. Even if all of these ideas had been proffered, he stated that WRAF would have had some concerns in regard to the traffic pattern because Rutgers Avenue is not a through street and additional houses on Grandview Avenue will contribute to further traffic congestion. He added that WRAF is also concerned about the absence of public sidewalks and believes that the City has as much of an obligation to provide that infrastructure as does the petitioner. He noted that the greatest concern is that this type of development is not sustainable and WRAF does not understand how ten houses along Grandview Avenue abutting the rear of Grandview Village Apartments will contribute to the long term value of the neighborhood. He advised that WRAF encourages potential developers to begin to develop a neighborhood perspective on development and stop looking at houses and business and commercial property as isolated objects, because they can change and help to provide affordable housing in the City without threatening to degrade surrounding property values. He stated that when middle class and professional families believe that property is secure, they will be more inclined to reside in neighborhoods of mixed income levels and their presence will make it easier to create or maintain high standards of civic amenities, such as walkable streets and access to shops and recreation. He advised that the concerns of WRAF pertaining to this development have nothing to do with the petitioner, but with the fact that the concept is flawed. He called attention to the City's Comprehensive Plan which states that neighborhood character and environmental quality should be protected, possible changes in land use or new development in or near residential areas should be carefully evaluated and defined in order to conserve and enhance neighborhood quality, and WRAF believes that the proposed development fails that test. At the very least, he stated that the Williamson Road Action Forum is asking that the issue be returned to the City Planning Commission for further evaluation; however, a better 507 solution would be for the City to purchase the property for a mini park or urban green space which would essentially validate the current use of the property and provide a public amenity that would cause the adjoining apartments, as well as the surrounding neighborhood, to become a more pleasant place to live. Council Members expressed concern with regard to the lack of sidewalks, density in design, compatibility with current housing in the neighborhood, the lack of space between houses, and increased traffic congestion. Thers was discussion with regard to referring the matter back to the City Planning Commission to determine if a compromise could be reached with the petitioner and the neighborhood; whereupon, the petitioner declined to have the matter referred back to the City Planning Commission. He advised that he could not continue to proceed without some assurances that if he reaches a further compromise, the rezoning will be approved; City staff advised that it was not necessary to rezone the property, and based on their advice, he submitted four working drawings totaling approximately $7,000.00, all with the understanding that he could proceed with construction of the houses without petitioning City Council for a rezoning of the property. He suggested that the City consider reimbursing him for expenses already incurred since City staff provided incorrect information. The Vice-Mayor advised that certain relevant issues were raised in regard to planning matters by both Mr. Martin and Mr. Williams in connection with not only the rezoning of the property presently under consideration but also questions that may be germane to future situations; whereupon, he suggested that the City Manager review the issues with the City Planning Department. No other persons wishing to be heard, the ordinance rezoning the property was lost by the following vote: AYES: Vice-Mayor Harris ...................................................... 1. NAYS: Council Members Hudson, Swain, White, Wyatt and Butler ......................................................................................... 5. (Mayor Bowers was absent.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 19, 2000, at 7:00 p.m., or as soon 508 ACTION: thereafter as the matter may be heard, on the request of the City of Roanoke with regard to the rezoning of certain property located in the 2000 and 2100 blocks of Laburnum Avenue, S. W., the 2000 block of Maiden Lane, S. W., and the 2100 block of Westover Avenue, S. W., generally known as the Greater Raleigh Court area, from RM-1, Residential Multifamily, Low Density District, and RM-2, Residential Multifamily, Medium Density District, to RS-3, Residential Single Family District, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, June 1 and Thursday, June 8, 2000, and in The Roanoke Tribune on Thursday, June 8, 2000. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that in January, 2000, the Planning Commission recommended approval of a comprehensive rezoning of over 1,000 parcels of land in the Greater Raleigh Court neighborhood, and Council approved the rezoning in February; during the Planning Commission public hearing, several citizens expressed a desire to have their properties included in the rezoning; the initial rezoning recommendation by the Planning Commission was based on stringent planning criteria which resulted in the exclusion of these properties; and in response to citizens and the Planning Commission, staff considered the above referenced four areas as additions to the comprehensive rezoning. The City Planning Commission recommended that Council approve the rezoning petition. (For full text, see report on file in the City Clerk's Office.) Mr. Swain moved that the following ordinance be placed upon its first reading: (#34902) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 143, 144 and 145, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 63, page 252.) The motion was seconded by Mr. Hudson. 509 The Vice-Mayor inquired if there were persons present who would like to address Council with regard to the request. Ms. Peg Dunbar, 2031 Laburnum Avenue, S. W., and Mr. Brian Shelborne, 2032 Laburnum Avenue, S. W., spoke in support of the proposed rezoning, which will increase property values in the area. Mr. Jerry Tramil, 2146 Westover Avenue, S. W., referred to a petition signed by residents of Westover Avenue, S. W., in support of the rezoning. Ms. Brenda McDaniel, 2037 Carter Road, S. W., Immediate Past President of the Greater Raleigh Court Civic League, requested the City's support in efforts to stop a destructive trend that has converted many of the City's older homes into apartments and duplexes, and the resulting deterioration that this kind of activity causes to older neighborhoods. She advised that Council showed wisdom and foresight in its previous rezoning of more than 1,100 properties in Raleigh Court to a lower density zoning, the rezoning petition presently before Council is a continuation of that process and the majority of homeowners in the area want their section of the City to be afforded the same protection that was extended to the other 1,100 Raleigh Court property owners. She advised that approval of the rezoning will preclude additional properties from being converted into duplexes or apartments, the Raleigh Court Civic League appreciates Council's consideration of the request, and urges approval of the petition for rezoning. Ms. Wyatt raised questions in regard to density pertaining to overall rezoning issues, and asked that City staff review the matter prior to adoption of the new Comprehensive Land Use Plan. Ordinance No. 34902, on its first reading, was adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Butler, Hudson and Vice-Mayor Harris ..................................................................... 6. NAYS: None ....................................................................... 0. (Mayor Bowers was absent.) 510 OTHER HEARINGS OF CITIZENS: TRAFFIC-SIGNALS AND ALARMS: Mr. Chris Craft, 1501 East Gate Avenue, N. E., addressed Council with regard to the need for a traffic signal at the intersection of Hollins Road and Liberty Road, N. E. It was the consensus of Council to refer the matter to the City Manager for appropriate response. TRAFFIC-CITY CODE-ZONING-BUILDINGS/BUILDING DEPARTMENT: Mr. George Gunther, P. O. Box 12353, advised that the City's procedure for removing inoperative motor vehicles is a good process if it is directed toward the right persons. He stated that citizens have rights in terms of what they purchase and what they choose to store on their private property, and questioned the authority of City Inspectors to remove vehicles from private property, even if the vehicles are not properly licensed, because there could be a legitimate reason why a citizen has not purchased a license for rite vehicle. He advised that it was reported that over 4000 vehicles were removed from private property, and suggested that those vehicles be donated to the Automobile Mechanics Department at Virginia Western Community College for educational purposes and repair. He suggested that the City talk with citizens to determine if there are extenuating circumstances that would prevent them from purchasing a license for a vehicle and provide assistance, if necessary. He complained that the five days allotted by the City for a citizen to pick up a certified letter from the post office pertaining to an inoperative motor vehicle too restrictive, and the overall procedure should be reviewed. It was the consensus of Council to refer the matter to the City Manager for appropriate response. There being no further business, the Vice-Mayor declared the meeting adjourned at 8:30 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 511 REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL July 3, 2000 12:15 p.m. The Council of the City of Roanoke met in regular session on Monday, July 3, 2000, at 12:15 p.m., the regular meeting hour, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Rule 1, Re.qular Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members William D. Bestpitch, William H. Carder, C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr. and Mayor Ralph K. Smith---6. ABSENT: Council Member Linda F. Wyatt ................................................ 1. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. ARCHITECTURAL REVIEW BOARD: The City Manager introduced a briefing on the Architectural Review Board process, background, and history. Neil Holthouser, Secretary, Architectural Review Board, presented a briefing on two appeal items which will be heard by Council at its 2:00 p.m., session. He explained that the Roanoke Vision Comprehensive Plan calls on the City to recognize historic and cultural resources as mandated by the Commonwealth of Virginia and requires that every locality adopt a Comprehensive Plan that addresses historic and cultural resources. Secondly, he stated that historic resources provide an economic benefit to the City and to the historic districts, through the State and Federal governments, which make tax credits available that enable property owners to reclaim almost 50 per cent of funds expended on rehabilitation of buildings. He advised that as applied in the downtown Roanoke area, a significant economic incentive has been provided, and this year alone, more than $40 million in downtown reinvestment has occurred due directly to historic building status, the bulk of which has come from the Higher Education Center and the Shenandoah Hotel projects. He advised that once historic resources have been lost, they cannot be replaced; few people fully appreciate that Roanoke is a good example of the late Victorian era, the best example of which is the City Market and its success can be directly linked to the preservation of old buildings in the downtown area. He stated that the Federal Government has recognized four distinct areas in Roanoke as having national historic designation; i.e.: the City Market, Warehouse Row, Old Southwest and portions of the Gainsboro neighborhood; and in order to continue this historic 512 status, these areas must be preserved, because if they are allowed to deteriorate or become neglected, the Federal Government could rescind the status of the historic district and the City of Roanoke would lose certain tangible economic benefits. He advised that only local regulation can protect buildings from demolition or neglect, and in the City of Roanoke, this is accomplished through two historic overlay zones, H-1 - Historic District, and H-2 - Neighborhood Preservation District. He stated that the need for change and modernization is recognized, therefore, regulations are established to consider the need for change and to encourage new development or change that is compatible with the historic fabric of the historic areas. To that end, he added that Council established the Roanoke City Architectural Review Board, which is composed of seven volunteer members and the Chair also serves as a member of the City Planning Commission, with the remainder of the Board having professional expertise in the design, preservation and construction fields. He stated that the Architectural Review Board reviews only exterior changes to property, pursuant to design guidelines that were adopted by the Board in 1995 which are essential to the administration of the historic district; and these guidelines are used by the Board to guide decisions and by property owners in planning improvements to their homes. He further stated that the guidelines were developed by the Architectural Review Board in 1992 and 1995 and involved extensive public participation, they are consistent with guidelines adopted by other communities in the Commonwealth; however, Roanoke City's guidelines tend to be more flexible. He advised that the guidelines serve as guiding principles for property owners who are planning a project and 85 per cent of all requests submitted by property owners in the historic district are approved by the Secretary to the Architectural Review Board if the proposed improvements conform to the guidelines. He stated that if a project does not meet the guidelines, a property owner may appear before the Architectural Review Board which makes a decision on a case by case basis, factoring in the following: the request itself, public comments, prior experience, professional expertise and any impact the project may have on the neighborhood; and if a project is denied by the Board, the petitioner may appeal the Board's decision to Council. Since adoption of the guidelines in 1995, he advised that the Architectural Review Board has considered and approved more than 200 requests, denied 18 requests and of those 18, five applicants have chosen to appeal the decision of the Architectural Review Board to City Council. He stated that beginning in August, through the fall of 2000, the Architectural Review Board will hold public workshops to review the issue of design guidelines to determine if they continue to address conditions within the neighborhood and to predict future situations that may arise. Mr. Holthouser advised that the two property owners who will appear before Council at its 2:00 p.m., session today constructed fences in the historic district which were built without approval of the Architectural Review Board and without zoning permits; the fences are constructed of plastic to resemble wooden fences and the Architectural Review Board's design guidelines state that plastic fences are not compatible with the historic district. He explained that the Board has to balance 513 the impact of modern replacement material on the neighborhood versus the benefit to the property owner in using the material, and, in this case, even though plastic fences are touted as maintenance-free, installation costs are significantly higher than a wooden fence and based on research by staff, plastic, pre-fabricated sections of fence cost two times as much as the same wooden fence. He stated that typically, property owners request information before they begin a project and had the two property owners in question done so, they would have been advised of the above considerations and they would have been steered in the direction of approvability. He explained that a zoning permit is required to construct a fence in any neighborhood in the City, therefor, it is not unique to the historic neighborhoods, to insure that a fence meets all height and setback requirements. Mr. Holthouser advised that City staff believes that rather than relax code enforcement, efforts need to be taken to aggressively pursue violations throughout the City and to do so, additional planning staff and zoning inspection staff have been hired. He stated that some violations do go undetected; however, the City has taken steps to aggressively pursue violations by hiring additional staff; and the Architectural Review Board has taken steps to streamline its process to make approvals more efficient, timely and user friendly. He further stated thatthe City has committed to developing a neighborhood plan, and the old southwest neighborhood, Gainsboro, Belmont and the downtown Roanoke area are a part of the overall downtown master plan, and as a part of the master plan, the City will review such issues as neighborhood vision, zoning, physical improvements, and linking the neighborhoods to downtown which will involve substantial public participation. He explained that it is expensive to maintain an older home, but historic districts are not the only neighborhoods in the City that have older homes and City staff believes that it is a balancing act because the cost of maintaining older homes is offset by the benefits of historic district status since property owners qualify for a substantial tax incentive through income tax and property taxes. In addition, he advised that property values are rising rapidly in the old southwest neighborhood which can be traced directly to the historic district status where homes in the area 15 years ago sold for less than $30,000.00 and are now selling for more than $150,000.00. Without objection by Council, the Mayor advised that the briefing would be received and filed. CITY COUNCIL-ROANOKE NEIGHBORHOOD PARTNERSHIP: The City Manager introduced a briefing with regard to re-instituting neighborhood tours. She advised that Council Member Harris previously suggested that Council Members again participate in neighborhood tours to assess neighborhood needs. Mariam Alam-Stacy, Roanoke Neighborhood Partnership Coordinator, advised that the purpose of the neighborhood tours in the past was to let citizens know that Council Members were in touch with neighborhood concerns, to give neighborhood organizations an opportunity to showcase the good things that were happening and 514 to educate Council about what the City has done or can do to address specific neighborhood problems or concerns. She suggested that Council tour the Peters Creek North neighborhood which is currently undergoing the neighborhood planning process and has provided the City with input on major concerns. She proposed that the first tour be held on the first Monday of August following the regular meeting of Council, followed by additional tours in September and October, and because of the nature of the area that is proposed to be toured, a riding tour would be preferable to a walking tour which would enable Council to see more of the issues facing the neighborhood, and provide for interaction with neighborhood representatives. Following the tour, she stated that notes of neighborhood needs and concerns will be collected and entered into the RESPOND! system, with urgent issues to be forwarded to the appropriate department director, and a summary of the tour along with results will be prepared by Roanoke Neighborhood Partnership staff. Without objection by Council, the Mayor advised that the briefing would be received and filed. COUNCIL: A report of the City Manager requesting that Council convene in a Closed Meeting to discuss a matter with regard to acquisition of real property for public purposes, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. Carder moved that Council concur in the request of the City Manager to convene in a Closed Meeting to discuss a matter with regard to acquisition of real property for public purposes, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ........................................................................................................... 6. NAYS: None ........................................................................................ 0. (Council Member Wyatt was absent). At 12:55 p.m., the Mayor declared the meeting in recess. At 2:00 p.m., the meeting reconvened in the City Council Chamber with all the Member of Council attendance, with the exception of Council Member Wyatt, Mayor Smith presiding. 515 COUNCIL: With respect to the Closed Meeting just concluded, Mr. Carder moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ............................................................................................................ 6. NAYS: None ........................................................................................ 0. (Council Member Wyatt was absent). At 2:02 p.m., the Mayor declared the regular meeting of Council in recess until immediately following the Organizational Meeting of Council. On Monday, July 3, 2000, at 2:02 p.m., the Council of the City of Roanoke held its Organizational Meeting in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor Ralph K. Smith presiding, pursuant to Section 10, Meetings of Council, of the Charter of the City of Roanoke, at which time the newly elected Members of the Council will officially take their seats. PRESENT: Council Members William D. Bestpitch, William H. Carder, C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr., and Mayor Ralph K. Smith--6. ABSENT: Council Member Linda F. Wyatt .................................................. 1. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. CITY CLERK-COUNCIL: The Mayor advised that the purpose of the Organizational Meeting was for the newly elected Members of Council to officially take their seats; whereupon, he referred to a report from the City Clerk advising of the qualification of the Honorable Ralph K. Smith as Mayor, and the Honorable William D. Bestpitch, William H. Carder and Linda F. Wyatt, as Members of the Roanoke City Council, for terms of four years, each, commencing July 1, 2000, and ending June 30, 2004; and William H. Carder as Vice-Mayor for a term commencing July 1, 2000 through June 30, 2002. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) 516 ACTION: ACTION: ACTION: Without objection by Council, the Mayor advised that the reports of qualification and the report of the City Clerk would be received and filed. COUNCIL: Mr. Harris offered the following resolution recognizing the Honorable William H. Carder to be a Member of the City Council and Vice-Mayor of the City of Roanoke for a term commencing July 1, 2000, and continuing for a period of two years and until his successor has been elected and qualified: (#34903-070300) A RESOLUTION recognizing the HONORABLE WILLIAM H. CARDER to be a member of the City Council and Vice- Mayor of the City of Roanoke. (For full text of Resolution, see Resolution Book No. 63, page 254.) Mr. Harris moved the adoption of Resolution No. 34903-070300. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). COUNCIL: Mr. White offered the following resolution recognizing and commending the Honorable C. Nelson Harris for his service as Vice-Mayor of the City of Roanoke from July 1, 1998 through June 30, 2000: (#34904-070300) A RESOLUTION recognizing the services of the HONORABLE C. NELSON HARRIS as Vice-Mayor of the City of Roanoke. (For full text of Resolution, see Resolution Book No. 63, page 254.) Mr. White moved the adoption of Resolution No. 34904-070300. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Hudson, White and Mayor Smith .......................................................................... 5. 517 NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). (Council Member Harris abstained from voting). COUNCIL: The City Attorney submitted a written report advising that new Section 15.2-1416, Code of Virginia (1950), as amended, a part of the recodification of Title 15.1, which has been effective since December 1, 1997, requires each governing body of a city or town to hold an annual or organizational meeting in conjunction with the first regular meeting in the month of July of each year; and at such meeting, Section 15.2-1416 requires that Council establish a schedule of days, times and places of regular meetings to be held during the ensuing months; whereupon, the City Attorney transmitted a resolution which makes no change in Council's regular meeting schedule, however, by adoption of the measure, Council will comply with new Section 15.2- 1416. ACTION: (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#34905-070300) A RESOLUTION establishing a meeting schedule for City Council for the Fiscal Year commencing July 1, 2000, and terminating June 30, 2001. (For full text of Resolution, see Resolution Book No. 63, page 255.) Mr. Harris moved the adoption of Resolution No. 34905-070300. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). COMMITTEES-COUNCIL: A communication from the Mayor proposing the following committee assignments for the Members of Council, effective July 1, 2000, was before the body. 518 Vice-Mayor William H. Carder: Budget and Planning Committee Personnel Committee Greater Roanoke Transit Company, Board of Directors Audit Committee Water Resources Committee Mill Mountain Advisory Committee Economic Development Commission, Chair Virginia Museum of Transportation Board of Directors Legislative Committee Bid Committee Roanoke Valley Convention and Visitors Bureau Board of Directors Council Member William D. Bestpitch: Budget and Planning Committee Personnel Committee Greater Roanoke Transit Company, Board of Directors Roanoke Valley-Allegheny Regional Commission Total Action Against Poverty Board of Directors War Memorial Committee City of Roanoke Transportation Safety Commission Mill Mountain Zoo, Inc. Roanoke Neighborhood Partnership Steering Committee New River Valley Commerce Park Study Committee Virginia Recreation Facilities Authority Council Member C. Nelson Harris: Budget and Planning Committee Personnel Committee Greater Roanoke Transit Company, Board of Directors Audit Committee Water Resources Committee Roanoke Redevelopment and Housing Authority Roanoke Arts Commission Legislative Committee Council Member W. Alvin Hudson: Budget and Planning Committee Personnel Committee Greater Roanoke Transit Company, Board of Directors 519 Audit Committee Water Resources Committee War Memorial Committee Roanoke Valley Regional Cable Television Committee Roanoke Civic Center Commission Mayors' Committee for People with Disabilities Virginia CARES Board of Directors Bid Committee, Chair Roanoke Valley Long Range Water Supply Study Committee VML Transportation Committee Council Member William White, Sr.: Budget and Planning Committee Personnel Committee Greater Roanoke Transit Company, Board of Directors Audit Committee Legislative Committee, Chair Water Resources Committee Council Member Linda F. Wyatt: Budget and Planning Committee Personnel Committee Greater Roanoke Transit Company, Board of Directors Audit Committee Water Resources Committee Roanoke Valley-Allegheny Regional Commission Legislative Committee Metropolitan Transportation District Study Committee VML Human Development and Education Policy Committee (For full text, see communication on file in the City Clerk's Office.) ACTION: Mr. Harris moved that Council concur in the Mayor's proposed committee assignments for the Members of Council, with the addition of the appointment of Council Member White to the Water Resources Committee. The motion was seconded by Mr. Hudson and adopted. There being no further business, the Mayor declared the Organizational Meeting adjourned at 2:25 p.m. 520 On Monday, July 3, 2000, immediately following adjournment of the Organizational Meeting, the regular meeting of City Council reconvened at 2:25 p.m., in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Smith presiding. PRESENT: Council Members William D. Bestpitch, William H. Carder, C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr., and Mayor Ralph K. Smith--6. ABSENT: Council Member Linda F. Wyatt ................................................ 1. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by The Reverend Donna Hopkins Britt, Pastor, Calvary Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. PRESENTATIONS: PROCLAMATIONS-POLICE DEPARTMENT: The Mayor presented a proclamation designating the month of July as Roanoke Valley Crime Line Month. (For full text, see Proclamation on file in the City Clerk's Office.) 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 one request for a Closed Meeting to discuss vacancies on various authorities, boards, commissions and committees appointed by Council. COMMITTEES-COUNCIL: A communication from Mayor Ralph K. Smith requesting that Council convene in a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, ACTION: ACTION: 521 commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris moved that Council concur in the request of the Mayor to convene in a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). TAXES-REAL ESTATE VALUATION-CIRCUIT COURT: A communication from the Honorable Richard C. Pattisall, Judge, Twenty- Third Judicial Circuit of Virginia, transmitting a Report of the Board of Equalization in preparation for the taxable year July 1, 2000, to June 30, 2001, was before Council. Judge Pattisall advised that the Board of Equalization recommends that future Equalization Boards continue to have access to computer service; that future Equalization Boards continue to be provided with current office space that is private and separate from the Office of Real Estate Valuation; and that the Board be provided with private space to meet with taxpayers. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris moved that the report be received and filed. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). 522 ACTION: ACTION: JEFFERSON CENTER-LEASES-WATER RESOURCES: A report of the Water Resources Committee recommending that the City Manager be authorized to advertise a public hearing, and lacking any comments to the contrary, execute an extension of the lease agreement with the Jefferson Center Foundation for a 40-year term, beginning June 1, 2001, with all other terms of the existing lease to remain unchanged, was before Council. (For full text, see report on file in the City Clerk's Office.) Mr. Harris moved that Council concur in the recommendation. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). APPALACHIAN POWER COMPANY-PARKS AND RECREATION- CITY PROPERTY-WATER RESOURCES: A report of the Water Resources Committee recommending that the City Manager be authorized to advertise a public hearing, and lacking any comments to the contrary, authorize execution of an agreement with Appalachian Power Company for relocation and abandonment of a portion of an easement across City-owned property for the purpose of providing electric service to the Mill Mountain Visitors Center, was before Council. (For full text, see report on file in the City Clerk's Office.) Mr. Harris moved that Council concur in the recommendation. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). ACTION: 523 NORFOLK SOUTHERN CORPORATION-DOWNTOWN NORTH- WATER RESOURCES-HENRY STREET REVIVAL COMMITTEE: A report of the Water Resources Committee recommending that the City Manager be authorized to advertise a public hearing, and lacking any comments to the contrary, authorize execution of an agreement with Norfolk Southern Railway Company providing for a lease to allow the exchange of parking areas, in connection with the Greater Gainsboro Development Project, was before Council. (For full text, see report on file in the City Clerk's Office.) Mr. Harris moved that Council concur in the recommendation. The motion was seconded by Mr. Carder and adopted by the following vote: ACTION: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). CITY PROPERTY-HOUSING/AUTHORITY-DOWNTOWN NORTH- WATER RESOURCES-HENRY STREET REVIVAL COMMITTEE: A report of the Water Resources Committee recommending that the City Manager be authorized to advertise a public hearing, and lacking any comments to the contrary, approve the conveyance of certain surplus City-owned property located along Gainsboro Road, N. W., described as Official Tax Nos. 2012920, 2012939, 2012943 and 2012949, to the Roanoke Redevelopment and Housing Authority, was before Council. (For full text, see report on file in the City Clerk's Office.) Mr. Harris moved that Council concur in the recommendation. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). ~ 524 ACTION: ACTION: APPALACHIAN POWER COMPANY-CITY PROPERTY-WATER RESOURCES: A report of the Water Resources Committee recommending that the City Manager be authorized to advertise a public hearing, and lacking any comments to the contrary, execute the appropriate document to relocate and abandon a portion of an easement to Appalachian Power Company across City-owned property, for the purpose of extending the existing overhead electric power line to provide electric service to the Governor's School, was before Council. (For full text, see report on file in the City Clerk's Office.) Mr. Harris moved that Council concur in the recommendation. The motion was seconded by Mr. Carder and adOpted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). OATHS OF OFFICE-COMMITTEES-YOUTH: A report of qualification of Elvah D. Taylor as a member of the Youth Services Citizen Board for a term ending May 31, 2003, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mr. Harris moved that the report of qualification be received and filed. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). REGULARAGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: 525 ARCHITECTURAL REVIEW BOARD: Mr. Moncie D. Smith, 609 Woods Avenue, S. W., appeared before Council and appealed a decision of the Architectural Review Board dated June 8, 2000, to deny a request for a Certificate of Appropriateness for an existing and proposed new section of vinyl fence at 609 Woods Avenue, S.W. He explained that on March 3, 2000, as the result of construction of a vinyl fence at his home, he was advised by the Secretary to the Architectural Review Board of a violation of the Zoning Ordinance. He stated that construction began in August 1998 when the fence posts were installed and construction of the fence actually started in October 1999, and inquired as to why the violation was not noted when he applied for a remodeling permit in the fall of 1999. (See Petition for Appeal on file in the City Clerk's Office.) (See pages 511 - 513 for a briefing by the Secretary to the Architectural Review Board.) A report of the Architectural Review Board recommending that Council uphold the Board's decision to deny the request, was before the body. (For full text, see report on file in the City Clerk's Office.) Ms. Carolyn Otterman, 601 Allison Avenue, S. W., addressed Council in support of the appeal filed by Mr. Smith, who has been instrumental in renovating property in the old southwest area, leading to the overall beautification of the neighborhood. She called attention to problems with implementation of the H-2 District and guidelines imposed by the Architectural Review Board, and advised that she has met with City Council Members and City officials to express her concerns. She requested that Mr. Smith be granted a Certificate of Appropriateness and that Council take immediate action to initiate a process that will correct certain unfairnesses, inconsistencies, and lack of involvement by property owners in decisions that affect the old southwest neighborhood. Mr. Robert Richert, 415 Allison Avenue, S. W., representing Bruce Cusack, President, Old Southwest, Inc., advised that Old Southwest recently added to its by-laws the rigorous enforcement of the City's zoning laws, along with Architectural Review Board guidelines which were created with a considerable amount of study by individuals who have special qualifications and old southwest believes that the Architectural Review Board fairly administers the H-1 District guidelines. He requested that Council affirm the decision of the 52'6 Architectural Review Board which will act to re-enforce the expectations of those persons residing in old southwest and the City at large that zoning laws are intended to protect all citizens. Ms. Peggy Overton, 547 Mountain Avenue, S. W., called attention to certain undesirable conditions in her neighborhood which are of much more significance than a property owner who wants to construct a fence. She referred to another Old Southwest resident who was permitted to construct a deck on his property with vinyl building products. Mr. Fredrick Williams, 3725 Sunrise Avenue, N. W., Chair, Neighborhood Development Committee, Williamson Road Action Forum, called attention to the need for more design control in the City of Roanoke. He advised that in dealing with design standards, matters relating to urban code standards must be addressed because they function to provide transition between the public realm of the street and the private realm of the house, and other codes can deal with specifying final level of detail on buildings and building materials. He stated that at some time, most citizens have felt burdened by City regulations that are believed to be unreasonable, but if a public purpose is served by the regulations, most citizens will agree that the burden is one that is worth bearing. He further stated that after reasonable and appropriate design standards are established for particular neighborhoods, or particular sections of the city, after all citizens are informed of the standards, and after the process is streamlined so that citizens are not forced to appear before the Architectural Review Board on every trivial matter, the Architectural Review Board should be allowed to do its job and be held responsible and accountable for fairly and impartially administering the standards. In conclusion, he advised that more design control, rather than less, is needed in the City of Roanoke, but design control will not work without effective enforcement and there will not be effective enforcement if City Council undermines the authority of its boards by micro-managing decisions. Following discussion, Mr. Bestpitch moved that Council affirm the decision of the Architectural Review Board rendered on June 8, 2000, that no Certificate of Appropriateness be issued for the erection of a fence at 609 Woods Avenue, S. W., on the grounds that the proposed fence is not architecturally compatible with the H-2 District and does not enhance the special visual and spacial qualities that the H-2 District was established to protect. The motion was seconded by Mr. Hudson and adopted. 527 ARCHITECTURAL REVIEW BOARD: Mr. Moncie Smith, representing Ms. Geraldine Sutherland, 615 Woods Avenue, S. W., presented a petition appealing a decision of the Architectural Review Board to deny a request for a Certificate of Appropriateness for an existing vinyl fence at 615 Woods Avenue, S. W. (See Petition for Appeal on file in the City Clerk's Office.) A report of the Architectural Review Board recommending that Council uphold the Board's decision to deny the request, was before the body. (For full text, see report on file in the City Clerk's Office.) A communication from Ms. Freida Mabe, 617 Woods Avenue, S. W., in support of the appeal of Ms. Sutherland, was before Council. Ms. Mabe advised that Architectural Review Board guidelines should be reviewed to provide for less control over homeowners, rather than more, and regulations dealing with such issues as slum landlords, area density, safety, sidewalk repair, overgrown weeds, etc., should be more stringently enforced. She presented photographs of portions of the 600 block of Woods Avenue and an alley on Allison Avenue that should be investigated by the City. (For full text, see communication on file in the City Clerk's Office.) Mr. Bestpitch moved that Council affirm the decision of the Architectural Review Board rendered on June 8, 2000, that no Certificate of Appropriateness be issued for the erection of a fence at 615 Woods Avenue, S. W., on the grounds that the proposed fence is not architecturally compatible with the H-2 District and does not enhance the special visual and spacial qualitites that the H-2 District was established to protect. The motion was seconded by Mr. Carder and adopted. Mr. Harris referred to photographs included with Ms. Mabe's communication with regard to existing conditions in the Woods Avenue and Allison Avenue area, and requested that the photographs be referred to the City Manager for appropriate response and report to Council. ? PETITIONS AND COMMUNICATIONS: 528 BUDGET-CITY SHERIFF-CITY JAIL: A communication from the Honorable George M. McMillan, Sheriff, advising that the Commonwealth of Virginia Compensation Board has approved an additional Deputy Sheriff position for the Roanoke City Jail for the purpose of providing support for the operation of the Local Inmate Data System (LIDS), which is an automated jail management system designed to track and report inmate population for payment of per diems from the Commonwealth of Virginia; support for operation of LIDS has been provided via the reallocation of an existing Deputy Sheriff position; and total cost of the additional position is $38,347.00; and the Compensation Board will provide funding in the amount of $30,998.00, with a local share cost of $7,349.00, was before Council. The Sheriff recommended that Council approve an additional Deputy Sheriff position and take the following specific actions: Authorize the Director of Finance to increase the revenue estimate for Shared Expenses Sheriff/Jail (001-110-1234-0611 ) in the amount of $30,998.00; Transfer funding in the amount of $7,349.00 from Pay Raise/Supplemental Budget (001-300-9410-1152); Appropriate funding in the amount of $38,347.00 to the following accounts: Regular Employee Salaries (001-140-3310-1002) $29,717.00 VSRS Retirement (001-140-3310-1110) ICMA Match (001-140-3310-1116) FICA (001-140-3310-1120) Hospitalization Insurance (001-140-3310-1125) Dental Insurance (001-140-3310-1126) Life Insurance (001-140-3310-1130) Disability Insurance (001-140-3310-1131 ) 3,171.00 520.00 2,313.00 2,100.00 185.00 238.00 103.00 The City Manager submitted a written report recommending that Council concur in the recommendation of the Sheriff. (For full text, see reports on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#34906-070300) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General Fund Appropriations, and providing for an emergency. ACTION: 529 (For full text of Ordinance, see Ordinance Book No. 63, page 257.) Mr. White moved the adoption of Ordinance No. 34906-070300. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and White .......................................................................................... 5. NAYS: Mayor Smith ............................................................... 1. (Council Member Wyatt was absent). REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None ITEMS RECOMMENDED FOR ACTION: CITY CODE-CITY EMPLOYEES: The City Manager submitted a written report advising that City employees who utilize their personal automobiles in the performance of City business are currently reimbursed at the rate of $.27 per mile for the first 15,000 miles and $.13 per mile for all additional miles traveled per fiscal year, which rate was approved by Council on June 2, 1997; historically, the City has set its mileage reimbursement rate at the same level established by the Commonwealth of Virginia for state employees; and effective July 1, 2000, the annual mileage reimbursement rates to be paid by the Commonwealth of Virginia will increase as follows: $.325 per mile for the first 15,000 miles;and $.13 per mile for all additional mileage over 15,000. The City Manager recommended that Council authorize an amendment to Section 2-35. Use of Personal Automobile for City Business--Mileage Allowance, Chapter 2, Administration, Code of the City of Roanoke, 1979, as amended, to establish that City of Roanoke mileage reimbursement rate will increase/decrease at the same level as established by the Commonwealth of Virginia for state employees, which rate, as of July 1, 2000, will be $.325 per mile for the first 15,000 miles and $.13 per mile for all additional miles over 15,000 per fiscal year. 53,0 ACTION: (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency ordinance: (#34907-070300) AN ORDINANCE amending §2-35, Use of personal automobile for city business- Mileage allowance, of Article III, Officers and Employees, Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, in order to link the mileage allowance paid to employees of the City for use of their personal vehicles on City business to the Commonwealth of Virginia's rate per mile paid to State employees for the same purpose; eliminating the necessity for Council to review and adopt resolutions establishing the mileage allowance from time to time; providing for an effective date; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 258.) Mr. Hudson moved the adoption of Ordinance No. 34907-070300. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). WATER RESOURCES: The City Manager submitted a written report in connection with bids received by the City for ductile iron water pipe for a period of one year, commencing July 1, 2000 through June 30, 2001; whereupon, she recommended that Council accept the bid of U. S. Filter Distribution Group, Inc., for a period of one year on a unit cost basis as set forth in the bid documents, which is not anticipated to exceed $165,114.00, and reject all other bids received by the City. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: (#34908-070300) A RESOLUTION accepting the bid of U.S. Filter Distribution Group, Inc., made to the City for furnishing and delivering ductile iron water pipe; and rejecting all other bids made to the City. ACTION: 531 (For full text of Resolution, see Resolution Book No. 63, page 259.) Mr. White moved the adoption of Resolution No. 34908-070300. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). SEWERS AND STORM DRAINS-WATER RESOURCES: The City Manager submitted a written report in connection with bids received by the City for water and waste water treatment chemicals for fiscal year 2000-01; whereupon, the following bids were recommended for acceptance: Description Successful Bidder Unit Purchase Price Liquid Alum General Chemical Corporation $ .3996 per gallon Liquid Chlorine Jones Chemical, 150 lb. Cylinders Inc. $ 26.00 per cwt Liquid Chlorine Jones Chemical, 2,000 lb. Cylinders Inc. $11.95 per cwt Ferric Chloride Eaglebrook, Inc. $ .49 per gallon Sulfur Dioxide Jones Chemical, Inc. $370.00 per cyl. Sodium Hudroxide Prillaman Chemical Carvins Cove Corporation $ .677 per gallon Sodium Hydroxide Pro-Chem Falling Creek Technologies, Inc. $ 1.62 per gallon Orthophosphate Calciquest, Inc. $ 2.47 per gallon Catonic Polymer Control Equipment Co., Inc. $ 5.415 per gallon (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following resolution: 532 ACTION: (#34909-070300) A RESOLUTION accepting bids for water and waste water treatment chemicals for fiscal year 2000-2001, and rejecting other bids. (For full text of Resolution, see Resolution Book No. 63, page 260.) Mr. Hudson moved the adoption of Resolution No. 34909-070300. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). POLICE DEPARTMENT-VIRGINIA ALCOHOL SAFETY ACTION PROGRAM: The City Manager submitted a written report advising that the Regional Virginia Alcohol Safety Action Program has been serving Roanoke and 11 other localities since 1980, by providing court probation services, community service placements, adult and juvenile driver improvement programs, and habitual offender evaluations; no local funding is required as a condition of Roanoke's participation; the current regional program is administered under the Court-Community Corrections Program; the City of Salem serves as the fiscal agent, with State oversight provided by the Commission on VASAP; and adoption of a measure by Council is necessary under State law to reconstitute the regional program's policy board and to continue to receive services under the program. The City Manager recommended that Council adopt a proposed resolution and appoint Police ChiefA. L. Gaskins to the policy board for a period of two years, commencing July 1, 2000. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following resolution: (#34910-070300) A RESOLUTION establishing, by joint action of the Boards of Supervisors of the Counties of Alleghany, Bath, Botetourt, Craig, Roanoke and Rockbridge, and the City'Councils of the Cities of Buena Vista, Clifton Forge, Covington, Lexington, Roanoke and Salem, the membership of the regional Policy Board of the Alcohol 533 Safety Action Program (VASAP) to serve the region composed of those counties and cities, and appointing a representative of the City to the Board. ACTION: (For full text of Resolution, see Resolution Book No. 63, page 261.) Mr. Hudson moved the adoption of Resolution No. 34910-070300. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). TRAFFIC-HOUSING/AUTHORITY-DOWNTOWN NORTH: The City Manager submitted a written report advising that the Roanoke Redevelopment and Housing Authority (RRHA) plans to convert the former Norfolk and Western General Office Building-South, located on North Jefferson Street within the Greater Gainsboro Redevelopment area, into market rate apartments; the City wishes to work with the Housing Authority to accomplish a successful completion of the project and for the general revitalization of the area; and the City has committed to providing a $5 million parking garage and significant public infrastructure improvements to the area in support of the downtown housing project, the Crewe Suites office building which is proposed by the Roanoke Neighborhood Development Corporation and the Roanoke Higher Education Center. It was further advised that the City proposes to grant $1.2 million to the Housing Authority to be used to renovate, improve, and construct market rate apartments with the understanding that City funds will be used with other sources of funding for the project, including syndication proceeds and mortgage funds insured by the United States Department of Housing and Urban Development (HUD); the Housing Authority will use its best efforts to obtain residual equity cash flow from the project and to use the cash flow to make annual contribution payments to the City in repayment of the grant in the amount of $1.2 million; the project encompasses 87 market rate apartments and each occupied unit will require a parking space; and the City further agrees to provide for a period not to exceed five years, subject to annual appropriations, up to 87 parking spaces to the apartment project in the parking garage to be constructed adjacent to the new building. 534 The City Manager recommended that she be authorized to execute the Shenandoah Crossing Cooperation and Parking Agreement and that Council appropriate $1.2 million in undesignated Capital Fund interest to a new Capital Fund account to be established by the Director of Finance entitled, "Shenandoah Crossing Project." (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency ordinance. "AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital Projects Fund Appropriations, and providing for an emergency. Mr. Harris moved the adoption of the ordinance. The motion was seconded by Mr. Hudson. Mr. White referred to certain unanswered questions regarding City funds, and advised that the report does not address pay back issues or benefits to the City. He requested more information and discussion by Council prior to acting on the recommendation of the City Manager. Mr. Harris offered a substitute motion that the budget ordinance and resolution be tabled until the next regular meeting of Council on Monday, July 17, 2000, at 2:00 p.m., pending additional information by the City Manager. The motion was seconded by Mr. White and adopted. BRIDGES-CONSULTANTS REPORTS: The City Manager submitted a written report advising that the 1978 Surface Transportation Act enacted by Congress requires that all bridges, including "off Federal Aid System" structures, must be included in the bi-annual inspection program; Supplementary Bridge Inspection Reports are required on 56 structures in the City of Roanoke this year; 40 structures are inspected annually while 16 structures are inspected bi-annually; inspection of three parking structures and 15 overhead sign structures is also required this year by prudent engineering practices; the Jefferson Street Old Pedestrian Underpass under Norfolk Southern Railway is to be inspected annually per agreement with the railroad; and Council, by Resolution No. 34313-060799, adopted on June 7, 1999, authorized Agreements for Consultant Services for three years with Hayes, Seay, Mattern & Mattern, Inc., and Mattern & Craig, Inc., to conduct the above referenced inspection services for fiscal year 1999-2000. 535 It was further advised that approval by Council is needed to authorize execution of Amendment No. 1 to the agreements for year two, as follows: Agreement with Hayes, Seay, Mattern & Mattern, Inc. 1999 Contract 2000 Work Scope: 32 Bridges 3 Parking Garages Total for Amendment No. 1 $ 48,000.00 88,372.00 1999 and 2000 Total Agreement Amount $136,372.00 Funding for Amendment No. 1 is available as follows: Bridge Inspections, Account No. 001-530-4310-3072 Market Square Parking Garage, Account No. 007-540-8215-2050 Church Avenue Parking Garage, Account No. 007-540-8220-2050 First Union Tower Parking Garage, Account No. 007-540-8225-2050 $72,996.O0 4,123.00 4,825.00 6,428.00 Total Amendment Amount $88,372.00 Agreement with Mattern & Craig, Inc. 1999 Contract 2000 Work Scope 24 Bridges I Tunnel (Underpass) 15 Overhead Sign Structures $ 51,800.00 Total for Amendment No. 1 55,400.00 1999 and 2000 Total Agreement Amount $107,200.00 Funding for Amendment No. 1, in the amount of $55,400.00, is available in Bridge & Sign Inspections Account No. 001-530-4310-3072. The City Manager recommended that she be authorized to execute Amendment No. 1 to the Agreements for Consultant Services with Hayes, Seay, Mattern & Mattern, Inc., and Mattern & Craig, Inc., in the amounts of $87,372.00 and $55,400.00, respectively. 536 ACTION: ACTION: (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#34911-070300) A RESOLUTION authorizing the City Manager's issuance of Amendment No. 1 to the City's contract with Hayes, Seay, Mattern & Mattern, Inc., for additional engineering services for the inspections of 32 bridges and three parking garages. (For full text of Resolution, see Resolution Book No. 63, page 263.) Mr. Harris moved the adoption of Resolution No. 34911-070300. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). Mr. Harris offered the following resolution: (#34912-070300) A RESOLUTION authorizing the City Manager's issuance of Amendment No. 1 to the City's contract with Mattern & Craig, Inc., for additional engineering services for the inspections of 24 bridges, one tunnel (underpass) and 15 overhead sign structures. (For full text of Resolution, see Resolution Book No. 63, page 263.) Mr. Harris moved the adoption of Resolution No. 34912-070300. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). ROANOKE PASSENGER STATION RENOVATION PROJECT: The City Manager submitted a written report advising that the Roanoke Foundation for Downtown, Inc., (RFDI) submitted an application, at the 537 encouragement'of Congressman Bob Goodlatte's office in January, 1998, seeking an amendment to the Transportation Equity Act for the 21st Century (TEA-21) legislation to include transportation funds for the Roanoke Passenger Station Renovation project; RFDI received an allocation of $500,000.00 from High Priority Project funds for renovation of the Roanoke Passenger Station; the $500,000.00 is provided over six years (11% in FY98, 15% in FY99, 18% in FY00, 18% in FY01, 19% in FY02, 19% in FY03), which is not a direct Federal grant, but a reimbursement program; upon execution of all appropriate agreements, 80% of expenditures incurred are reimbursed by Federal funds and the 80% Federal funds require a 20% match; the Federal Highway Administration views the Virginia Department of Transportation (VDOT) as the recipient agency for the funds; and VDOT, in turn, views the City of Roanoke as the responsible entity to implement the improvement, with involvement as deemed appropriate between the City and RFDI. It was further advised that Council endorsed the Roanoke Passenger Station Renovation Project on January 19, 1999, and agreed to pay 20% of total cost as required by VDOT; the City's match would be provided by RFDI; and Council further authorized execution of separate agreements with VDOT and RFDI. It was explained that plans are underway for the Roanoke Passenger Station building and property to be sold by RFDI and JDL Castle Corporation within the next 30 days, which is a Winston-Salem, North Carolina, company that develops and manages real estate, specializing in historic rehabilitation and adaptive use projects; legal requirements include authorization from Council to execute an agreement with JDL Castle Corporation in place of RFDI; in addition to a City/State Agreement by which the State holds the City as the responsible agency for the project, JDL Castle Corporation would enter into a separate agreement with the City by which it shall fulfill all obligations undertaken by the City, and perform all tasks undertaken by the City, by virtue of the City's execution of the City/State Agreement and will comply with each of the requirements set forth in the City/State Agreement and all Federal and State regulations and requirements applicable to all work performed on the project, including performing, or contracting to perform, tasks relating to the construction of the project, and procurring consultant services contracts and construction contracts in accordance with the Virginia Public Procurement Act. 538 ACTION: The City Manager recommended that she be authorized to execute, on behalf of the City, a legally binding agreement with JDL Castle Corporation requiring JDL Castle Corporation to be fully responsible for its 20% matching funds, as well as all other obligations undertaken by the City by virtue of the City/State Agreement. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following resolution: (#34913-070300) A RESOLUTION authorizing the City Manager to enter into a contract with JDL Castle Corporation for development and administration of the renovations and construction improvements to the Roanoke Passenger Station Building, committing the JDL Castle Corporation to be fully responsible for the twenty percent (20%) matching funds, as well as all other obligations undertaken by the City by virtue of an agreement with the Virginia Department of Transportation, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 63, page 264.) Mr. Hudson moved the adoption of Resolution No. 34913-070300. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). PARKS & RECREATION-BRIDGES-FLOOD REDUCTION/ CONTROL: The City Manager submitted a written report advising that the two Iow-water bridges on Wiley Drive, located at either end of Smith Park, have been in poor condition for several decades, and were identified for replacement under the Roanoke River Flood Reduction Project; replacement would greatly reduce the frequency of flooding of the bridges, as well as provide for a safer pedestrian crossing; on December 18, 1989, Council approved a Memorandum of Agreement with the U. S. Army Corps of Engineers to design the two replacement bridges for an original amount of $160,000.00; subsequently, additional design fees for the work were approved in the amounts of $13,300.00 in 1991 and $17,300.00 in 1992; on May 22, 2000, the City received a request and Scope of Work from the Corps of Engineers for $40,000.00 ACTION: 539 to complete plans and specifications for the two Iow-water bridges; and this amount, in addition to that previously approved, would bring the total design fee for the bridges to $220,600.00; with the current construction cost estimate for the two bridges at $1.6 million. It was further advised that the project has been delayed in starting for many years, primarily due to environmental issues; and the delays are the primary cause for the additional cost to design the Iow water bridges; the Corps of Engineers is currently working on the final plans for Phase I of the Flood Reduction Project, with a target bid date in the spring of 2001; it is important to complete bridge designs so that they can be bid as part of Phase I and funding is available in existing Capital Project "Roanoke River Flood Reduction", Account No. 008-056- 9620, and falls within the contingency for the project. The City Manager recommended that Council approve an Amendment of $40,000.00 to the Corps of Engineers Memorandum of Agreement for design of the Wiley Drive Iow-water bridges, and authorize payment of existing capital project accounts for the Roanoke River Flood Reduction Project; and further authorize the City Manager to execute the Amendment for additional design work. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#34914-070300) A RESOLUTION authorizing the City Manager's issuance of an Amendment to the City' Memorandum of Agreementwith the U.S. Army Corps of Engineers for additional engineering services for the completion of plans and specifications for the Wiley Drive Iow- water bridges in connection with the Roanoke River Flood Reduction Project. (For full text of Resolution, see Resolution Book No. 63, page 265.) Mr. Harris moved the adoption of Resolution No. 34914-070300. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). 54O CITY CODE-TAXES-FLOOD REDUCTION/CONTROL: The City Manager submitted a written report advising that in 1981 Council adopted Ordinance No. 25617 which provides for an exemption of real property tax on real property substantially rehabilitated for residential, commercial or industrial use; to qualify, a building must be no less than 25 years of age, be improved without increasing the total square footage of the structure by more than 15 per cent, and be improved so as to increase the assessed value of the structure by no less than 40 per cent for a residential structure and 60 per cent for a commercial or industrial structure; the amount of exemption from real property tax is an amount equal to the difference in the appraised value of the qualifying structure immediately before rehabilitation and immediately after rehabilitation; the exemption runs with the real estate for a period of five years unless the property is located in either the H-l, Historic District, cr H-2, Neighborhood Preservation District, in which case the exemption runs for ten years; 135 residential and 42 commercial properties currently receive an exemption under the program; total cost of the program is approximately $181,000.00 per year in foregone real estate tax revenue; another 87 properties are under renovation; average value of a residential abatement is $44,000.00 resulting in $532.00 annually in foregone revenue and average commercial abatement is $214,000.00 amounting to $2,589.00 annually in foregone revenue; and since inception of the program in 1981, there have been 459 properties. It was further advised that a team of employees from several City departments recently studied program provisions to identify changes which would increase the program's efficiency and effectiveness; and the team suggested the following: Establish and implement a formalized marketing program to inform and educate property owners about the benefits of the program; provide for a ten year abatement period extended to properties located within designated conservation areas and rehabilitation districts (targets inner-city neighborhoods), as well as both the H-l, Historic District, and H-2, Neighborhood Preservation District; eliminate the tax abatement incentive for residential properties which when rehabilitated have a net increase in the number of dwelling units (no single family to multifamily conversions); ACTION: 541 provide an additional five year abatement incentive to owners reducing the number of dwelling units in a rehabilitated residential property by 50% (encourage conversions back to single family); limit the time from the date of application for rehabilitation work to completion to two years; require the property to be maintained in compliance with the City's Building Code, including the BOCA National Property Maintenance Code, and, if applicable, the requirements of the City's Rental Certificate of Compliance Program; increase the application fee to $50,00 to help offset the costs of the marketing program, appraisals and inspections; establish a five year sunset provision (encourage timely rehabilitation and provide for program reevaluation); centralize the administration of the program in the office of Real Estate Valuation for increased efficiency; The potential financial impact of implementing the strategies based on current annual program cost of $181,000.00 is as follows: 50% increase in participation 75% increase in participation 100% increase in participation 200% increase in participation $ 275,000.00 annually 317,000.00 annually 362,000.00 annually 543,000.00 annually The City Manager recommended that Council adopt an ordinance implementing the above referenced strategies to the Rehabilitated Real Property Tax Incentive Program. (For full text, see report on file in the City Clerk's Office.) Mr. Harris moved that the following ordinance be placed upon its first reading: (#34915) AN ORDINANCE amending and reordaining §32-93, Generally, §32-94, Rules and regulations for administration of division, §32-95, Eligibility_ of residential real property, §32-97, Amount of exemption, §32-98, Application, §32-101.1, Generally, §32-101.2, Rules 542 and regulations for administration of division, and §32-101.5, Application, of Chapter 32, Taxation, and adding a new §32-98.1, Eli_cl_ ibility_, to Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, relating to tax exemption for certain rehabilitated real property, in order to provide for certain changes in such exemptions and the administration thereof; and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 63, page 293.) The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). ANIMALS/INSECTS: The City Manager submitted a written report advising that the City of Roanoke contracts with the Roanoke Valley Society for the Prevention of Cruelty to Animals (SPCA) to provide services on behalf of the City, which services include, but are not limited to the shelter, euthanasia, and adoption for impounded animals and maintenance of written accounts of all animals impounded and delivered to the SPCA by the City or stray animals delivered by citizens of Roanoke; the current Operating Agreement between the SPCA and the City of Roanoke terminates on June 30, 2000; under a proposed new Operating Agreement for the period July 1, 2000 - June 30, 2002, either party has the option to renew at the end of the agreement; the City of Roanoke agrees to pay in year one of the agreement an annual sum of $108,221.04 commencing July 1, 2000, and continuing until June 30, 2001; in year two of the agreement, the annual sum shall be increased by five per cent to $113,632.04, commencing June 1, 2001, until June 30, 2002; and Roanoke County, Botetourt County, and the Town of Vinton will enter into similar agreements. The City Manager recommended that she be authorized to enter into the Operating Agreement between the City of Roanoke and the Roanoke Valley Society for the Prevention of Ci:uelty to Animals, in a form subject to approval by the City Attorney. (For full text, see report on file in the City Clerk's Office.) 543 Mr. Harris offered the following resolution: (#34916-070300) A RESOLUTION authorizing and providing for an agreement between the City of Roanoke and the Roanoke Valley Society for the Prevention of Cruelty to Animals relating to the operation of an animal shelter by the Society, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 63, page 266.) ACTION: Mr. Harris moved the adoption of Resolution No. 34916-070300. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). CITY CODE-ANIMALS/INSECTS: The City Manager submitted a written report advising that for several years, the City Code has contained provisions, related to dangerous and vicious dogs, which sections were enacted pursuant to authority granted by the City to regulate animals within the City limits; in recent years, the General Assembly has enacted State statutes which also apply to dangerous and vicious dogs, effective July 1, 2000, that set forth specific procedures to be followed for animals to be declared dangerous or vicious; pursuant to State statutes, localities may enact ordinances which regulate these types of animals, with certain procedural safeguards, including specific notice that an owner whose dog has been declared to be dangerous by the local animal control officer has the right to appeal the decision to the General District Court; and under provisions of the City Code, this type of notice and right of appeal are not specified, and as a result, legal challenges have been successfully brought in cases where the General District Court has declared an animal to be dangerous. The City Manager called attention to a recommended ordinance which wiii remedy deficiencies in the current City Code relative to dangerous dogs, incorporates other provisions of State enabling statutes and clarifies the owner's responsibility to confine an animal 544 which is suspected of having rabies or has bitten an individual; and the ordinance also contains certain "housekeeping" changes to conform City Code terminology to State Code's language. The City Manager recommended that Council adopt an ordinance amending and reordaining certain portions of Chapter 6. Animals and Fowl, of the Code of the City of Roanoke, 1979, as amended, as above set forth. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency ordinance: (#34917-070300) AN ORDINANCE amending and reordaining Chapter 6, Animals and Fowl, of the Code of the City of Roanoke (1979), as amended, by amending §6-22, Definitions; §6-25, Bitches in heat; §6- 26, Barking or howling dogs; subsection (1) of §6-46(a), Preservation and exhibition of license receipt; tag to be worn by dog; exceptions; §6- 50, Danqerous doq~s); §6-51, Registration of dangerous dog; §6-52, Keer)inq of danqerous dog; conditions; §6-53, Violations and penalties; §6-54, Exceptions; subsection (d) of §6-62, Vaccination of dogs and cats; §6-65, Confinement or destruction of animals showing signs of or suspected of having rabies; §6-67, Confinement or destruction of animal which has bitten person; §6-117, Vaccination of cats; and §6- 119, Impoundment; by the addition of new §6-50.1, Vicious dogs; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 267.) ACTION: Mr. Harris moved the adoption of Ordinance No. 34917-070300. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). GRANTS-FDETC: The City Manager submitted a written report advising that the City of Roanoke receives entitlement grants each year under the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) programs of the U. S. Department of Housing and Urban Development (HUD); HUD approval of the City's ACTION: 545 fiscal year 2000-01 CDBG application is forthcoming and approval is pending the routine Congressional release process; for more than ten years, FDETC has received HUD funding from the City to conduct employment training and individualized job placement services to Iow to moderate income job seekers; in order for the FDETC to continue conducting employment training and individualized job placement services for Iow to moderate income job seekers and to disburse grant funds in the project, an agreement with the FDETC is necessary; and funding is available in Account No. 035-G01-0138-5263 in the amount of $41,928.00. The City Manager recommended that she be authorized to execute a CDBG Agreement with the Fifth District Employment and Training Consortium. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#34918-070300) A RESOLUTION authorizing the City Manager to execute an administrative agreement and any necessary amendments thereto with the Fifth District Employment and Training Consortium for implementation of various Community Development Block Grant programs. (For full text of Resolution, see Resolution Book No. 63, page 275.) Mr. Harris moved the adoption of Resolution No. 34918-070300. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). NEIGHBORHOOD ORGANIZATIONS-HOUSING/AUTHORITY- GRANTS: The City Managersubmitted a written report advising thatthe City of Roanoke receives entitlement grants each year under the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) programs of the U. S. Department of Housing and Urban Development (HUD); HUD approval of the City's fiscal year 2000- 01 Consolidated Plan is forthcoming and approval is pending the 546 ACTION: routine Congressional release process; in the past, the Northwest Neighborhood Environmental Organization, NNEO, has received HUD funding from the City to conduct housing and other community development projects in the Gilmer neighborhood; an agreement with NNEO is necessary to provide funding to develop the McCray Court Senior Living project; and funding is available in Account No. 035-G01- 0137-$297, in the amount of $300,000.00. The City Manager recommended that she be authorize to execute a CDBG Subgrant Agreement with the Northwest Neighborhood Environmental Organization, approved as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#34919-070300) A RESOLUTION authorizing the execution of a subgrant agreement with the Northwest Neighborhood Environmental Organization for administration of Community Development Block Grant (CDBG) funds for FY 2000-2001, for the development of McCray Court Senior Living Project. (For full text of Resolution, see Resolution Book No. 63, page 276.) Mr. Harris moved the adoption of Resolution No. 34919-070300. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). POLICE DEPARTMENT-ANIMALS/INSECTS: The City Manager submitted a written report advising that the Roanoke City Police Department's Mounted Patrol Unit was formed in 1993 and has relied on donations to maintain its operations; two Friesian horses have been offered to the City which are valued at approximately $30,000.00 each; and this would provide an excellent opportunity~'to place the Roanoke City Police Mounted Patrol Unit in the forefront by using such a highly recognized horse breed in its daily operations. ACTION: ACTION: 547 The City Manager recommended that Council authorize acceptance of two Friesian homes from Ms. Diane Dominguez of Palm City, Florida. (For full text, see report on file in the City Clerk's Office.) Mr. Bestpitch offered the following resolution: (#34920-070300) A RESOLUTION accepting the donation of two Friesian horses for use by the City's Mounted Patrol Unit of the Police Department, and expressing appreciation for such donation. (For full text of Resolution, see Resolution Book No. 63, page 277.) Mr. Bestpitch moved the adoption of Resolution No. 34920- 070300. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). DIRECTOR OF FINANCE: DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the City of Roanoke for the month of May, 2000. (For full text, see Financial Report on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the Financial Report for the month of May would be received and filed. REPORTS OF COMMITTEES: ROANOKE CIVIC CENTER: A report of the Roanoke Civic Center Commission in connection with exclusive pouring rights at the Civic Center, was before Council. The Civic Center Commission recommended that Council take the following actions: 548 ACTION: Accept the proposal of Bottling Group, LLC, d/bla The Pepsi Bottling Group (Pepsi) for a five year contract for exclusive pouring rights at the Roanoke Civic Center facilities, with an option to renew for an additional five years upon mutual agreement of the parties. Award the Pepsi Bottling Group a contract for exclusive pouring rights at the Roanoke Civic Center facilities as more fully described in a contract attached to the report, approved as to form by the City Attorney, and authorize the City Manager to execute the contract. Reject the other proposal received by the City for such service. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#34921-070300) A RESOLUTION accepting the proposal of Bottling Group LLC, d/b/a The Pepsi Bottling Group (Pepsi) for the exclusive pouring rights for non-alcoholic beverages at the Roanoke Civic Center Facilities for a five year period with the option to renew for an additional five years upon mutual agreement by the parties; authorizing the proper City officials to execute the requisite contract for the same; and rejecting other proposals made to the City. (For full text of Resolution, see Resolution Book No. 63, page 278.) Mr. Harris moved the adoption of Resolution No. 34921-070300. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, White and Mayor Smith ......................................................................... 5. NAYS: None ....................................................................... 0. (Council Member Hudson abstained from voting). (Council Member Wyatt was absent). 549 SEWERS AND STORM DRAINS-BILLINGS AND COLLECTIONS- WATER RESOURCES: Kit B. Kiser, Assistant City Manager for Operations, and staff to the Water Resources Committee, presented a written report on behalf of the Committee with regard to the City's proposed sewer exemption meter credit program. A staff report advised that proposed changes to the sewer exemption meter credit program have been considered at several Water Resources Committee meetings; at the February 22, 2000 meeting, several options were discussed and it was determined that a "grandfathering" of existing customers and a rebate program would be offered in order to encourage customers to change their meter to a fixed location for reading by the City's meter readers; it was also discussed that when a residence or location with an exemption meter is sold, the new owner would comply with the City's new program requirements; and a summary of the procedures, is as follows: Customers will be asked, where practical, to relocate their meter; if it is not practical, those customers will be grandfathered. Two rebate programs will be offered for the period of July 1, 2000 through June 30, 2001; a $100.00 rebate program will be offered for those customers with sprinkler systems to help offset the costs of replacing their meter with a City meter, and a $200.00 rebate program will be offered for those customers with existing sewer exemption meters to aid in offsetting the costs of meter relocation. A City meter will be provided and placed in the meter box free of charge by the City's Utility Line Services Department. All new customers applying for a first time sewer exemption meter permit will be required to comply with new procedures. For grandfathered customers, additional conditions will be established, as follows: (1) if a meter reading is late or received after the bill has been processed, no credit will be allowed; (2) if no meter reading is provided, credit will not be given for that billing period; (3) if up to four meter 550 ACTION: readings are missed or not mailed during a one year period, the permit will be revoked and the "grandfather" clause will no longer apply. The Water Resources Committee recommended that Council approve the sewer exemption meter credit program as above described. (For full text, see reports on file in the City Clerk's Office.) Mr. Carder offered the following resolution: (#34922-070300) A RESOLUTION concurring in the recommendations of the City's administration for updating the City's sewer exemption meter credit program. (For full text of Resolution, see Resolution Book No. 63, page 279.) Mr. Carder moved the adoption of Resolution No. 34922-070300. The motion was seconded by Mr. Hudson. Mr. Harris advised that he has a water exempt meter at his personal residence, therefore, he would abstain from voting on the ordinance. Resolution No. 34922-070300 was adopted by the following vote: AYES: Council Members Bestpitch, Carder, Hudson, White and Mayor Smith ......................................................................... 5. NAYS: None ....................................................................... 0. (Council Member Harris abstained from voting). (Council Member Wyatt was absent). PURCHASE/SALE OF PROPERTY-TRAFFIC-BUDGET-SIGNALS AND ALARMS-WATER RESOURCES: Kit B. Kiser, Assistant City Manager for Operations, and Staff to the Water Resources Committee, presented a written report on behalf of the Committee, with regard to execution of the appropriate documents to acquire property rights needed for signalization of the intersection of Hollins Road and Liberty Road, N. E.. ACTION: 551 A staff report advised that signalization for the intersection of Hollins Road and Liberty Road, N. E., was approved as part of the 1997 General Obligation Bond Referendum; plans have been developed to identify property rights that will be needed for construction of the project; authorization is needed to move forward with procurement of title work, appraisals, and document preparation related to acquisition of the necessary property rights; and funding of $35,000.00 is available from the sale of bonds for transfer to the project account. The Water Resources Committee recommended that Council authorize the City Manager to execute the appropriate documents to acquire the necessary property rights, in a form acceptable to the City Attorney; said property rights may be acquired following a satisfactory environmental site inspection by negotiation or eminent domain and include fee simple, permanent easements, temporary construction easements, rights-of-way, licenses or permits, etc; and transfer $12,675.00 from Public Improvement Bonds-Series 1996 Account No. 008-052-9701-9191 and $22,325.00 from Public Improvement Bonds- Series 1999 Account No. 008-052-9709-9191 for a total of $35,000.00 to Account No. 008-052-9570-9050, designated "Seven New Traffic Signals." (For full text, see reports on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#34923-070300) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 280.) Mr. Harris moved the adoption of Ordinance No. 34923-070300. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). Mr. Harris offered the following emergency ordinance: 552 ACTION: (#34924-070300) AN ORDINANCE providing for the acquisition of certain property rights needed by the City for the intersection widening in connection with the installation of a traffic signal at the intersection of Hollins Road and Liberty Road, N. E., setting a certain limit on the consideration to be offered by the City; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 281.) Mr. Harris moved the adoption of Ordinance No. 34924-070300. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). PURCHASE/SALE OF PROPERTY-BUDGET-WATER RESOURCES: Kit B. Kiser, Assistant City Manager for Operations, and Staffto the Water Resources Committee, presented a written report on behalf of the Committee, with regard to execution of the documents to acquire property rights needed for the Salem Turnpike Drainage Project. A staff report advised that drainage problems have existed for many years along Salem Turnpike in the vicinity of 29th Street to 31st Street, adjacent to the Lansdowne Park neighborhood; the Salem Turnpike Drainage Project was included in the Capital Improvement Program (CIP), approved by Council on July 21, 1997 and pursuant to Ordinance No. 34691-022200, Council authorized a contract for design of a project to correct drainage problems; design is now complete to identify property rights that will be required for construction of the project and authorization by Council is needed to move forward with procurement of title work and appraisals, and document preparation funding in the amount of $38,000.00 is available in Public Improvement Bond Series 1999, Account No. 008-052-9709-9176, and needs to be appropriated to the Salem Turnpike Drainage Project, Account No. 008- 052-9697-9001. 553 The Water Resources Committee recommended that Council authorize the City Manager to execute the appropriate documents to acquire all property rights needed for construction of the project, in a form which is acceptable to the City Attorney; said property rights may be acquired following a satisfactory environmental site inspection by negotiation or eminent domain and include fee simple, permanent easements, temporary construction easements, right-of-way, licenses or permits, etc.; and appropriate $38,000.00 from Public Improvement Bond Series 1999, Account No. 008-052-9709-9176 to Salem Turnpike Drainage Project, Account No. 008-052-9697-9001. (For full text, see reports on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#34925-070300) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 283.) ACTION: Mr. Harris moved the adoption of Ordinance No. 34925-070300. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). Mr. Harris offered the following emergency ordinance: (#34926-070300) AN ORDINANCE providing for the acquisition of property rights needed by the City for certain drainage improvements in connection with the Salem Turnpike Drainage Project; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 284.) 554 ACTION: Mr. Harris moved the adoption of Ordinance No. 34926-070300. The motion was seconded by. Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). PURCHASE/SALE OF PROPERTY-BUDGET-WATER RESOURCES: Kit B. Kiser, Assistant City Manager for Operations, and Staff to the Water Resources Committee, presented a written report on behalf of the Committee, with regard to execution of the appropriate documents to acquire property rights needed for the Summit Hills Drainage Project. A staff report advised that drainage problems have existed for many years along Summit Drive in the Edgewood-Morwanda Summit Hills neighborhood, which problems include standing water at the intersection of Glenridge Road and Summit DriVe, soil erosion along the right-of-way and some flooding of residences along the east end of Summit Drive; the project was included in the Capital Improvement Program (CIP) approved by Council on July 21, 1997; pursuant to Ordinance No. 34720-032000, Council authorized a contract for design of a project to correct the problem and design is sufficiently complete to identify property rights that will be required for construction of the project; authorization by Council is needed to move forward with procurement of title work, appraisals, and document preparation related to acquisition of the necessary property rights; and funding of $5,000.00 is available in Public Improvement Bond Series 1999, Account No. 008-052-9709-9176, and needs to be appropriated to the Summit Hills Drainage Project - Phase I, Account No. 008-052-9695- 9001. The Water Resources Committee recommended that Council authorize the City Manager to execute the appropriate documents to acquire all property rights needed for construction of the project, in a form acceptable to the City Attorney, said property rights may be acquired following a satisfactory environmen~l site inspection by negotiation or eminent domain and include fee simple, permanent easements, temporary construction easements, rights-of-way, licenses ACTION: ACTION: 555 or permits, etc.; and appropriate $5,000.00 from Public Improvement Bond Series 1999, Account No. 008-052-9709-9176 to Summit Hills Drainage Project, Account No. 008-052-9695-9001. (For full text, see reports on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#34927-070300) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 285.) Mr. Harris moved the adoption of Ordinance No. 34927-070300. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). Mr. Harris offered the following emergency ordinance: (#34928-070300) AN ORDINANCE providing for the acquisition of property rights needed by the City for certain drainage improvements in connection with the Summit Hills - Phase I Drainage Project; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 286.) Mr. Harris moved the adoption of Ordinance No. 34928-070300. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................................................................. 6. 556 NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). PURCHASE/SALE OF PROPERTY-BUDGET-WATER RESOURCES: Kit B. Kiser, Assistant City Manager for Operations, and Staff to the Water Resources Committee, presented a written report on behalf of the Committee, with regard to execution of documents to acquire the necessary property rights for the Trevino Drive Drainage Project - Phase I. A staff report advised that drainage problems have existed dating back to 1998 along the existing drainage channel located in the rear yards of residences along a portion of Trevino Drive which is located in the Monterey Hills area; a study was completed by the Engineering Department in January 1997, and the project was included in the Capital Improvement Program (CIP), approved by Council on July 21, 1997; pursuant to Ordinance No. 34706-030600, Council authorized a contract for design of a project to correct the drainage problem, and the design is now sufficiently complete to identify property rights that will be required for construction of the project; authorization is needed to move forward with procurement of title work, appraisals, and document preparation; and funding of $36,000.00 is available in Public Improvement Bond Series 1999, Account No. 008-052-9709-9176, and needs to be appropriated to the Trevino Drive Drainage Project - Phase I, Account No. 008-052-9694-9001. The Water Resources Committee recommended that Council authorize the City Manager to execute the appropriate documents to acquire all property rights required for the construction of the project, in a form acceptable to the City Attorney; said property rights may be acquired following a satisfactory environmental site inspection by negotiation or eminent domain and include fee simple, permanent easements, temporary construction easements, rights-of-way, licenses or permits, etc.; appropriate $36,000.00 from Public Improvement Bond Series 1999, Account No. 008-052-9709-9176 to the Trevino Drive Drainage Project - Phase I, Account No. 008-052-9694-9001. (For full text, see reports on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#34929-070300) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. ACTION: (For full text of Ordinance, see Ordinance Book No. 63, page 288.) Mr. White moved the adoption of Ordinance No. 34929-070300. The motion was seconded by Mr. Harris and adopted by the following vote: 557 ACTION: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). Mr. Hudson offered the following emergency ordinance: (#34930-070300) AN ORDINANCE providing for the acquisition of property rights needed by the City for certain drainage improvements in connection with the Trevino Drive Phase I Drainage Project; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 289.) Mr. Hudson moved the adoption of Ordinance No. 34930-070300. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). PURCHASE/SALE OF PROPERTY-TRAFFIC-BUDGET-SIGNALS AND ALARMS-WATER RESOURCES: Kit B. Kiser, Assistant City Manager for Operations, and Staff to the Water Resources Committee, presented a written report on behalf of the Committee, with regard to execution of documents to acquire property rights needed for signalization of the intersection of Williamson Road and Hildebrand Road, N. E. 558 ACTION: A staff report advised that signalization for the intersection of Williamson Road and Hildebrand Road, N. E., was approved as part of the 1997 General Obligation Bond referendum; plans have been sufficiently developed to identify the property rights that will be needed for construction of the project; authorization is needed to move forward with procurement of title work, appraisals, and document preparation related to acquisition of the necessary property rights; and funding of $2,500.00 is available from the sale of bonds and needs to be transferred to the project account. The Water Resources Committee recommended that Council authorize the City Manager to execute the appropriate documents to acquire all property rights needed for the construction of the project, in a form acceptable to the City Attorney; said property rights may be acquired following a satisfactory environmental site inspection by negotiation or eminent domain and include fee simple, permanent easements, temporary construction easements, rights-of-way, licenses or permits, etc.; and transfer $2,500.00 from Public Improvement Bonds-Series 1999, Account No. 008-052-9709-9191 to Account No. 008- 052-9570-9050 entitled, "Seven New Traffic Signals." (For full text, see reports on file in the City Clerk's Office.) Mr. Carder offered the following emergency budget ordinance: (#34931-070300) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 291.) Mr. Carder moved the adoption of Ordinance No. 34931-070300. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). Mr. Carder offered the following emergency ordinance: 559 (#34932-070300) AN ORDINANCE providing for the acquisition of certain property rights needed by the City for the intersection widening in connection with the installation of a traffic signal at the intersection of Williamson Road and Hildebrand Road, N. E., setting a certain limit on the consideration to be offered by the City; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 292.) ACTION: Mr. Carder moved the adoption of Ordinance No. 34932-070300. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). PURCHASE/SALE OF PROPERTY-BUDGET-DOWNTOWN NORTH- HENRY STREET REVIVAL COMMITTEE-WATER RESOURCES: Kit B. Kiser, Assistant City Manager for Operations, and Staff to the Water Resources Committee, presented a written report on behalf of the Committee, with regard to execution of the appropriate documents to acquire property rights needed for construction of the Greater Gainsboro Development Project. A staff report advised that proposed improvements in the Greater Gainsboro Development Project include development of a higher education center, an office building, residential property, surface parking, and a parking garage; the parking garage is scheduled to be completed in September 2001; plans for the proposed improvements have been sufficiently finalized to identify the property that will be required for infrastructure and parking facilities to be constructed by the City; authorization is needed to move forward with document preparation related to acquisition of the necessary property rights; the Roanoke Redevelopment and Housing Authority will donate parcels of land listed on Attachment 1 to the report and the Roanoke Foundation for Down~own, Inc., will donate a portion of one parcel of land to the City; the Housing Authority is in the process of acquiring the parcels of land listed on Attachment 2 to the report, and will, upon completion of 56O ACTION: acquisition, donate the parcels of land to the City; and funding of $10,000.00 for miscellaneous expenses is available in the Greater Gainsboro Parking Garage, Account No. 008-052-9573-9050. The Water Resources Committee recommended that Council authorize the City Manager to execute the appropriate documents to accept donation of property shown on Attachments I and 2 to the report, which are necessary for construction of the project, in a form acceptable to the City Attorney, said property rights may be accepted following a satisfactory environmental site inspection. (For full text, see reports on file in the City Clerk's Office.) Mr. Hudson moved that the following ordinance be placed upon its first reading: (#34933) AN ORDINANCE authorizing the City's acceptance of certain donations and conveyances of properties located in the Greater Gainsboro Development area from the Roanoke Redevelopment and Housing Authority and the Roanoke Foundation for Downtown, Inc., for the construction of a new parking facility, authorizing preparation of the appropriate documents, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 63, page 398.) The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 34900, rezoning certain properties located in the 900 block of Centre Avenue, N. W., Official Tax Nos. 2112503 - 2112512, inclusive, and 2111914 - 2111922, inclusive, from RM-3, Residential Multifamily, High Density District, to RM-4, Residential Multifamily, High Density District, subject to certain proffers 561 contained in the First Amended Petition for Rezoning filed in the City Clerk's Office on May 12, 2000, having previously been before the Council for its first reading on Monday, June 19, 2000, read and adopted on its first reading and laid over, was again before the body, Mr. Harris offering the following for its second reading and final adoption: (#34900-070300) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 211, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 63, page 249.) ACTION: Mr. Harris moved the adoption of Ordinance No. 34900-070300. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). STREETS AND ALLEYS: Ordinance No. 34901, permanently vacating, discontinuing and closing the remaining portion of an alley that extends in a westerly direction from the eastern-most property line of Official Tax No. 2111914 to the right-of-way boundary of 10th Street, N. W., having previously been before the Council for its first reading on Monday, June 19, 2000, read and adopted on its first reading and laid over, was again before the body, Mr. Bestpitch offering the following for its second reading and final adoption: (#34901-070300) AN ORDINANCE permanently vacating, discontinuing and closing certain public right"Of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 63, page 250.) ACTION: Mr. Bestpitch moved the adoption of Ordinance No. 34901- 070300. The motion was seconded by Mr. Harris and adopted by the following vote: 562 ACTION: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). ZONING: Ordinance No. 34902, rezoning those certain properties in the 2000 and 2100 blocks of Laburnum Avenue, S. W., Official Tax Nos. 1450307- 1450312, inclusive, and 1450107- 1450114, inclusive, from RM-2, Residential Multifamily, Medium Density District, to RS-3, Residential Single Family District, pursuant to a Petition filed in the Office of the City Clerk on April 20, 2000; and those certain properties in the 2000 block of Maiden Lane, S. W., and the 2100 block of Westover Avenue, S. W., Official Tax Nos. 1432211 - 1432219, inclusive, 1432101- 1432110, inclusive, 1431713 - 1431722, inclusive, and 1440307 - 1440315, inclusive, from RM-1, Residential Multifamily, Low Density District, to RS-3, Residential Single Family District, pursuant to a Petition filed in the Office of the City Clerk on April 20, 2000, having previously been before the Council for its first reading on Monday, June 19, 2000, read and adopted on its first reading and laid over, was again before the body, Mr. Carder offering the following for its second reading and final adoption: (#34902-070300) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 143, 144 and 145, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property "within the City. (For full text of Ordinance, see Ordinance Book No. 63, page 252.) Mr. Carder moved the adoption of Ordinance No. 34902-070300. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). MOTIONS AND MISCELLANEOUS BUSINESS: 563 INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: None OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: NEIGHBORHOOD ORGANIZATIONS-HOUSING/AUTHORITY- GRANTS: James Lesniak, Executive Director, Northwest Neighborhood Environmental Organization, appeared before Council and expressed appreciation for Council's support of the sub-grant agreement with the Northwest Neighborhood Environmental Organization for administration of Community Development Block Grant funds for fiscal year 2000-01 for development of McCray Court Senior Living Project. Without objection by Council, the Mayor advised that the remarks of Mr. Lesniak would be received and filed. At 4:35 p.m., the Mayor declared the meeting in recess. At 4:52 p.m., the meeting reconvened in the Council Chamber, with Mayor Smith presiding, and all Members of the Council in attendance, with the exception of Ms. Wyatt. ACTION: COUNCIL: With respect to the Closed Meeting just concluded, Mr. Carder moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Wyatt was absent). OATHS OF OFFICE-COMMITTEES-LIBRARIES: The Mayor advised that the term of office of Brooke M. Parrott as a member of the Roanoke Public Library Board expired on June 30, 2000, and called for nominations to fill the vacancy. Mr. Harris placed in nomination the name of Brooke M. Parrott. 564 ACTION: ACTION: ACTION: There being no further nominations, Ms. Parrottwas reappointed as a member of the Roanoke Public Library Board, for a term ending June 30, 2003, by the following vote: FOR MS. PARROTT: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ..................................................... 6. (Council Member Wyatt was absent). OATHS OF OFFICE-COMMITTEES-WAR MEMORIAL: The Mayor advised that the terms of office of Harold H. Worrell, Sr., and Robert O. Gray as members of the War Memorial Committee expired on June 30, 2000, and called for nominations to fill the vacancies. Mr. Harris placed in nomination the names of Harold H. Worrell, Sr., and Robert O. Gray. There being no further nominations, Messrs. Worrell and Gray were reappointed as members of the War Memorial Committee, for terms ending June 30, 2001, by the following vote: FOR MR. WORRELL AND MR. GRAY: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................. 6. (Council Member Wyatt was absent). OATHS OF OFFICE-COMMITTEES-HUMAN DEVELOPMENT COMMITTEE: The Mayor advised that the term of office of Frank W. Feather as a member of the Human Services Committee expired on June 30, 2000, and called for nominations to fill the vacancy. Mr. Harris placed in nomination the name of Frank W. Feather. There being no further nominations, Mr. Featherwas reappointed as a member of the Human Services Committee, for a term ending June 30, 2001, by the following vote: FOR MR. FEATHER: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ..................................................... 6. (Council Member Wyatt was absent). ACTION: ACTION: 565 OATHS OF OFFICE-COMMITTEES-FLOOD REDUCTION/ CONTROL: The Mayor advised that the term of office of Cynthia T. Josephson as a member of the Flood Plain Committee expired on June 30, 2000, and called for nominations to fill the vacancy. Mr. Harris placed in nomination the name of Cynthia T. Josephson. There being no further nominations, Ms. Josephson was reappointed as a member of the Flood Plain Committee, for a term ending June 30, 2001, by the following vote: FOR MS. JOSEPHSON: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ........................................... 6. (Council Member Wyatt was absent). OATHS OF OFFICE-COMMITTEES-PARKS AND RECREATION: The Mayor advised that the term of office of Eddie Wallace, Jr., as a member of the Mill Mountain Advisory Committee expired on June 30, 2000, and called for nominations to fill the vacancy. Mr. Harris placed in nomination the name of Eddie Wallace, Jr. There being no further nominations, Mr. Wallace was reappointed as a member of the Mill Mountain Advisory Committee, for a term ending June 30, 2001, by the following vote: FOR MR. WALLACE: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ...................................................... 6. (Council Member Wyatt was absent). OATHS OF OFFICE-COMMITTEES-FIFTH PLANNING DISTRICT COMMISSION-ROANOKE VALLEY-ALLEGHENY REGIONAL COMMISSION: The Mayor advised that the term of office of Evelyn S. Lander as a member of the Roanoke-Allegheny Regional Commission expired on June 30, 2000, and called for nominations to fill the vacancy. Mr. Harris placed in nomination the name of Evelyn S. Lander. There being no further nominations, Ms. Landerwas reappointed as a member of the Roanoke-Allegheny Regional Commission, for a term ending June 30, 2003, by the following vote: 566 ACTION: ACTION: ACTION: FOR MS. LANDER: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ..................................................... 6. (Council Member Wyatt was absent). OATHS OF OFFICE-COMMITTEES-SPECIAL EVENTS: The Mayor advised that the terms of office of Wanda E. English, Sabrina T. Law and Amy W. Peck as members of the Special Events Committee expired on June 30, 2000, and called for nominations to fill the vacancies. Mr. Harris placed in nomination the names ofWanda E. English, Sabrina T. Law and Amy W. Peck. There being no further nominations, Ms. English, Ms. Law and Ms. Peck were reappointed as members of the Special Events Committee, for terms ending June 30, 2001, by the following vote: FOR MS. ENGLISH, MS. LAW AND MS. PECK: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ................. 6. (Council Member Wyatt was absent). OATHS OF OFFICE-COMMITTEES-FIRE DEPARTMENT: The Mayor advised that the term of office of Bobby Lavendar as a member of the Board of Fire Appeals expired on June 30, 2000, and called for nominations to fill the vacancy. Mr. Harris placed in nomination the name of Bobby Lavendar. There being no further nominations, Mr. Lavendar was reappointed as a member of the Board of Fire Appeals, for a term ending June 30, 2004, by the following vote: FOR MR. LAVENDAR: Council Members Bestpitch, Carder, Harris, Hudson, White and Mayor Smith ........................................... 6. (Council Member Wyatt was absent). 567 There being no further business, the Mayor declared the meeting adjourned at 4:55 p.m. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 568 REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL July 17, 2000 12:15 p.m. The Council of the City of Roanoke met in regular session on Monday, July 17, 2000, at 12:15 p.m., the regular meeting hour, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuantto Rule 1, Reqular Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members William H. Carder, W. Alvin Hudson, Jr., Linda F. Wyatt, William D. Bestpitch and Mayor Ralph K. Smith ....................................... 5. ABSENT: Council Members C. Nelson Harris and William White, Sr.- .......... 2. OFFICERS PRESENT: James D. Ritchie, Sr., Deputy City Manager; and Mary F. Parker, City Clerk. At 12:17 p.m., the Mayor declared the meeting in recess. At 12:25 p.m., the meeting reconvened in the Emergency Operations Center Conference Room, Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia, with Mayor Smith presiding, and all Members of the Council in attendance, with the exception of Mr. White. OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Sr., Deputy City Manager; William X Parsons, Assistant City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. STATE HIGHWAYS: The City Manager introduced a briefing on the 1-73 project, which will consist of presentations by representatives of the Virginia Department of Transportation, followed by a presentation by Linda Bass, representing the City's Economic Development Department, regarding an economic impact study commissioned by the City approximately one year ago. Robert K. Bentgson, Director, Public Works, advised that as the 1-73 schedule draws closer to the next round of public hearings, representatives of the Virginia Department of Transportation were requested to provide Council with an update on the project. He explained that in 1993, before any alignment was selected, a range of alternative routes spread across the southwest portion of the state, one of the alignments followed U. S. Route 460 to the West Virginia State line to Roanoke and then generally in the southward direction toward the North Carolina State line; in 569 October 1993, Council adopted a resolution urging VDOT to support this alignment, and it is out of that alignment that other alternatives have been developed which will be presented by VDOT. He advised that Council was last briefed on the project in July 1998 and VDOT has continued to update City staff on progress to date; City staff continues to await study results because without these results, staff is not in a position to provide preliminary recommendations regarding the best alternative for Roanoke; and City staff continues to urge that Council reserve judgment until after staff has had an opportunity to provide Council with VDOT project results and to hear from citizens during VDOT's upcoming project public hearings. He introduced Fred C. Altizer, District Administrator, Virginia Department of Transportation. Mr. Altizer advised that 1-73 project documents are almost complete and introduced Patsy Napier and Chris Lloyd, Project Managers, to present an overview of the 1-73 study. Ms. Napier called attention to a long and methodical process which was directed by the National Environmental Policy Act (NEPA) and guidance of the Federal Highway Administration. She stated that VDOT started with hundreds of alternatives which have now been narrowed down to a smaller number and VDOT is ready to move forward with the location and design public hearings. Mr. Lloyd discussed the significance of the environmental impact study, the National Environmental Policy Act process, and key issues that were addressed in the environmental impact study to this point. Ms. Napier advised that over 700 segments were suggested by citizens on the potential location of 1-73 and screening criteria included such things as cultural resources, parklands, threatened or endangered species, relocation, stream crossings, costs, and roadway network. She explained that once the initial investigation was complete of the 700 segments through the screening criteria, VDOT narrowed the possibilities down to certain candidate alternatives which were included in the environmental document, i.e.: (1) a no build which means that 1-73 would not be built; (2) transportation systems management which looks at the existing Route 220 roadway, number of crossovers, number of access points, and what could be done to the existing road to improve traffic flow and address increased traffic in the future; and (3) new location or candidate build alternatives. She called attention to technical and environmental studies that have been conducted to review endangered species, cultural resources, etc., and advised that the pre-draft of the environmental impact statement is in the hands of the Federal Highway Administration for review, therefore, the next step will be the location and design public hearings, to be conducted by VDOT in approximately October. She stated that once the location and design public hearings are held, the Commonwealth Transportation Board will make a decision on whether to take a no build for this study, or to accept a combination of the transportation systems management at a new location; and once that decision is made, a final 570 environmental impact statement will be developed on the selected corridor. She stated that a final document will be prepared and the Federal Highway Administration will issue a record of decision which is its official sign off that says VDOT has done everything required under the National Environmental Policy Act and the record of decision allows VDOT to move forward with the next phase of the study, if and when funding becomes available. Ms. Napier advised that 1,945 calls were received on the 1-73 project hotline, 22,000 project newsletters and 15,000 handouts were distributed, 350 newspaper articles were written which allowed the project to stay in the forefront of the public, 30 VDOT citizen information meetings were held and attended by approximately 3,500 citizens, with approximately 3,100 comments from those citizens who attended meetings, over 167,000 postcards were mailed advising of the meetings, and 118 individual meetings were held with various groups throughout the corridor. She noted that it is hoped to have comments from the Federal Highway Administration by mid August, along with resource agencies partnering with the Federal Highway Ad'ministration, on the draft environmental impact study and the Federal Highway Administration could sign the draft environmental impact statement in September. She stated that once the document is signed, it must be available for 30 days prior to the public hearing for review by the public, and the document will be made available at VDOT district and residency offices throughout the corridor, libraries throughout the corridor, all cities and counties along the corridor and may be purchased once it is signed by the Federal Highway Administration. She advised that if the document is signed in September, VDOT is prepared to proceed to four design and location public hearings in October, which will be held in Martinsville, Rocky Mount and two in the Roanoke area; it takes approximately 90 days from the date of the location and design public hearings for the Commonwealth Transportation Board to make a decision; and the Board's meeting is held on the third Thursday of each month, therefore, scheduling is an important element at this point. She stated that if the VDOT public hearings are held in October, a January/February time frame would be the earliest that VDOT could transmit the information to the Commonwealth Transportation Board in order to make its decision. The City Manager advised that Council can and should interact very aggressively with VDOT and other State agencies and make an informed and strong decision once data is reviewed. In addition to the VDOT public hearings, she stated that Council may wish to conduct its own public hearing prior to making a decision, and encouraged Council to take a strong position at the appropriate time. Linda S. Bass, City Economic Development Specialist, reviewed the 1-73 Economic Impact Study prepared by Economic Development Resource Group. (See 1-73 Economic Impact Study on file in the City Clerk's Office.) 571 Following discussion, questions and observations by the Members of Council, without objection by Council, the Mayor advised that the briefing would be received and filed. At 1:20 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., on Monday, July 17, 2000, the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Smith presiding. PRESENT: Council Members William H. Carder, C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt, William D. Bestpitch and Mayor Ralph K. Smith ............................................................................................... 7. ABSENT: None ..................................................................................... 0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Sr., Assistant City Manager; William X Parsons, Assistant City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Dr. Floyd W. Davis, Pastor, High Street Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. 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 one request for a Closed Meeting to discuss personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by Council. MINUTES: Minutes of the regular meetings of Council held on Monday, March 6, 2000, and Monday, March 20, 2000, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) 572 ACTION: ACTION: ACTION: Mr. Carder moved that the reading of the Minutes be dispensed with and that the Minutes be approved as recorded. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. COMMITTEES-COUNCIL: A communication from Mayor Ralph K. Smith requesting that Council convene in a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. Carder moved that Council concur in the request of the Mayor to conver~e in a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. MINUTES: Minutes of the Audit Committee meeting held on Monday, June 5, 2000, were before Council. (For full text, see Minutes on file in the City Clerk's Office.) Mr. Carder moved that the minutes be received and filed. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. ACTION: 573 DONATIONS/CONTRIBUTIONS: A communication from Richard B. Burrow, President, National D-Day Memorial Foundation, expressing appreciation for the City's most recent contribution of $50,000.00 to the Foundation was before Council. Mr. Burrow advised that with this gift, the City has contributed a total of $250,000.00 over several years toward the operational support of the Foundation; and the City of Roanoke has been an integral part of the regional cooperation that has been necessary to make this national memorial a reality. Mr. Carder moved that the communication be received and filed. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ............... ' ....................................................... 0. COMMITTEES-LIBRARIES-OATHS OF OFFICE: A report of qualification of Michael L. Ramsey and JoAnn Hayden as members of the Roanoke Public Library Board for terms ending June 30, 2003, was before Council. ACTION: (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mr. Carder moved that the report of qualification be received and filed. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. COMMITTEES-ROANOKE ARTS COMMISSION: A report of qualification of Ann Weinstein and LuJean Bedard as members of hte Roanoke Arts Commission for terms ending June 30, 2003, was before Council. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) 574 Mr. Carder moved that the reports of qualification be received and filed. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None .......................................... ~ ............................ 0. REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None PETITIONS AND COMMUNICATIONS: BUDGET-CITY SHERIFF-CITY JAIL: A communication from the Honorable George M. McMillan, Sheriff, advising that during fiscal year 1998-99, the Commonwealth of Virginia Department of Criminal Justice Services (DCJS) awarded a three-year grant to the City of Roanoke Sheriff's Office to conduct a pilot Jail-based Public Inebriate Intervention and Treatment Service Program, which provides treatment services to individuals who violate court interdiction orders that prohibit the purchase or possession of alcoholic beverages and are sentenced to a term of incarceration in the Roanoke City Jail; and the program is designed to address some of the root causes of alcoholism that should, in turn, lead to the reduction of the incidence of public intoxication in the City. It was further advised that fiscal year 2000-01 is the final year of the three-year grant; DCJS has notified the Sheriff's Office that funding, in the amount of $163,133.00, is available for fiscal year 2000-01; and grant funding from DCJS provides for continuation of the Jail-based Public Inebriate Intervention and Treatment Service Program and does not require a local match. The Sheriff recommended that Council authorize the City Manager to execute the Grant Acceptance Award which will enable the City of Roanoke to receive funding in the amount of $163,133.00; and authorize the Director of Finance to establish a $163,133.00 revenue estimate in the Grant Fund, and appropriate funds to certain department accounts: The City Manager submitted a written report concurring in the recommendation of the Sheriff. ACTION: 575 (For full text, see communication and report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#34934-071700) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 299.) Mr. Hudson moved the adoption of Ordinance No. 34934-071700. The motion was seconded by Ms. Wyatt and adopted by the following vote: ACTION: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. Mr. Hudson offered the following resolution' (#34935-071700) A RESOLUTION authorizing the acceptance of a grant to the City of Roanoke by the Commonwealth of Virginia Department of Criminal Justice Services to continue a three year pilot program for institutional treatment of persons that violate interdiction orders and are sentenced to a term of incarceration in the Roanoke City Jail, and authorizing execution of any required documentation on behalf of the City by the City Manager. (For full text of Resolution, see Resolution Book No. 63, page 300.) Mr. Hudson moved the adoption of Resolution No. 34935-071700. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting that Council appropriate $7,500.00 for the Thurman Foundation for Children grant, which will support the activities of the Partners for Success program that was designed to 57.6 ACTION: encourage college preparation of eighth grade students who show academic promise, but would be unlikely to consider advanced studies without intervention; and funding for the grant has been received through a contribution, was before Council. A report of the Director of Finance recommending that Council concur in the request of the School Board, was also before the body. (For full text, see communication and report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#34936-071700) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 School Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 301.) Mr. White moved the adoption of Ordinance No. 34936-071700. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: ITEMS RECOMMENDED FOR ACTION: NEIGHBORHOOD ORGANZATIONS-HOUSING/AUTHORITY- GRANTS-DOWNTOWN NORTH-HENRY STREET REVIVAL COMMITTEE: The City Manager submitted a written report advising that the City of Roanoke receives entitlement grants each year under the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) programs of the U. S. Department of Housing and Urban Development (HUD); HUD approval of the City's Fiscal Year 2000-01 Consolidated Plan is forthcoming; and the letter of approval is pending the routine Congressional release process; in the past, RNDC has ACTION: 577 received technical assistance for the revitalization of the Henry Street area, which include proposed construction of the Crewe Suites Office Building, and the City has committed to leasing 15,000 square feet upon completion. It was further advised that an agreement is necessary to provide operating funds for RNDC to continue marketing the Crewe Suites Office Building to potential tenants and to initiate activities to begin construction of the office building; and funding in the amount of $55,000.00 is available in Account No. 035-G01-0137-5151. The City Manager recommended that she be authorized to execute a CDBG Subgrant Agreement with RNDC, to be approved as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following resolution: (#34937-071700) A RESOLUTION authorizing the execution of a subgrant agreement with the Roanoke Neighborhood Development Corporation for administration of Community Development Block Grant (CDBG) funds for FY 2000-2001, for development and marketing of the Crewe Suites Office Building in connection with the revitalization of the Henry Street area. (For full text of Resolution, see Resolution Book No. 63, page 302.) Ms. Wyatt moved the adoption of Resolution No. 34937-071700. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. GRANTS-BLUE RIDGE INDEPENDENT LIVING CENTER: The City Manager submitted a written report advising that the City of Roanoke receives entitlement grants each year under the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) programs of the U. S. Department of Housing and Urban Development (HUD); HUD approval of the City's Fiscal Year 2000-01 CDBG Application is forthcoming; and the letter of approval is pending the routine Congressional release process; for six years, Blue Ridge 578 ACTION: Independent Living Center (BRILC) has received HUD funding from the City to enhance the independence of individuals with disabilities by providing home rehabilitation or modifications such as installation of ramps and grab bars, and by allowing for the purchase of assistive devices or aids to daily living; in order for the Center to continue to assist individuals with disabilities in becoming as independent as possible and to disburse grant funds to the project, an agreement with Blue Ridge Independent Living Center is necessary; and total contract amount is $37,064.00. The City Manager recommended that she be authorized to execute a CDBG Subgrant Agreement with the Blue Ridge Independent Living Center, to be approved as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#34938-071700) A RESOLUTION authorizing the execution of a subgrant agreement and any necessary amendments thereto with Blue Ridge Independent Living Center, Inc., for implementation of the Empowering Individuals with Disabilities program, a Community Development Block Grant program. (For full text of Resolution, see Resolution Book No. 63, page 303.) Mr. Harris moved the adoption of Resolution No. 34938-071700. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. HEALTH DEPARTMENT-GRANTS: The City Manager submitted a written report advising that the City of Roanoke receives entitlement grants each year under the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) programs of the U. S. Department of Housing and Urban Development (HUD); HUD approval of the City's Fiscal Year 2000-01 CDBG Application is forthcoming and the letter of approval is pending the routine Congressional release process; for eight years, the Roanoke City Health Department has received HUD funding from the City for the Resource Mothers Program which, through intensive home visiting and 579 transportation efforts, has been successful in decreasing Iow birth weight and repeat pregnancies and in increasing school success and self-sufficiency; according to 1998 statistics, Roanoke City continues to rank fourth in the state for teen pregnancy; in order for the Resource Mothers Program to continue to be successful in its efforts to prevent Iow birth weight and repeat pregnancies, an agreement with the Roanoke City Health Department is necessary; and funding for the program, in the amount of $26,155.00, is available in Account No. 035- G01-0138-5222. ACTION: The City Manager recommended that she be authorized to execute a CDBG Subgrant Agreement with the Roanoke City Health Department, to be approved as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following resolution: (#34939-071700) A RESOLUTION authorizing the execution of a subgrant agreement and any necessary amendments thereto with Roanoke City Health Department for implementation of the Resource Mothers Program, a Community Development Block Grant program. (For full text of Resolution, see Resolution Book No. 63, page 304.) Mr. Hudson moved the adoption of Resolution No. 34939-071700. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith ............................................................. 7. NAYS: None ....................................................................... 0. BUDGET-RAILSIDE LINEAR WALK: The City Manager submitted a written report advising that the Railside Linear Walk Project, along Norfolk Avenue, is currently under construction and is being built in phases; Phase I has been completed, Phase II and Phase III have been substantially completed, Phase IV is under construction, and Phase V will begin once the City has acquired the necessary rights-of-way; the original site plans prepared by Hayes, Seay, Mattern & Mattern, Inc., showed specialized street lights to be included in construction of the project, which would require Roanoke to maintain the street lights; since the City relies on AEP to provide and maintain street lights, it would be difficult and expensive for the City to store specialized light 580 ACTION: fixtures for repairs; therefore, it was decided to allow AEP to provide, install and maintain the street lights for the Railside Linear Walk Project, at a cost of $125,772.00 and AEP's projected estimate for Phase IV is $25,000.00. It was further advised that Roanoke is presently in the process of acquiring rights-of-way from two remaining property owners along Warehouse Row; it is anticipated that additional legal fees and related acquisition expenses for the project will total $50,000.00; funding is available from 1996 bond proceeds and the sale of the Juvenile Detention Center to the Roanoke Valley Juvenile Detention Commission which occurred in fiscal year 1999; and funds can be appropriated from Capital Projects Fund balance, Account Nos. 008-3329 and 008-052- 9701-9180 to the Railside Linear Walk account. The City Manager recommended that Council appropriate $110,070.00 from Capital Projects Fund, Account No. 008-3329, and $90,702.00 from General Obligation Bond Series 1996 account number 008-052-9707-9180, for a total of $200,772.00, to the following Railside Linear Walk accounts: 008-052-9717-9254 008-052-9730-9254 008.052-9717-9050 Street Lights Phase III Street Lights Phase IV Legal Fees and Related Acquisition Expenses $125,772.00 25,000.00 50,000.00 Total to Appropriate to Railside $200,772.00 (For full text, see report on file in the City Clerk's Office.) Mr. Bestpitch offered the following emergency budget ordinance: (#34940-071700) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 304.) Mr. Bestpitch moved the adoption of Ordinance No. 34940- 071700. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. ACTION: 581 BUDGET-CAPITAL IMPROVEMENTS PROGRAM: The City Manager submitted a written report advising that the Transfer to Capital Projects Fund account in the General Fund (Fiscal Year 2000-01) includes $310,000.00 which is budgeted for "Transportation Projects", $140,000.00 of which needs to be appropriated to accounts in the Capital Projects Fund, in order to properly reserve the funds for the capital projects they were intended to finance; a total of $140,000.00 will be provided for projects related to transportation to supplement funding from the past two bond referendums; and projects in need of funding are specifically identified as follows: Final payment to the Virginia Department of Transportation (VDOT) for the City's share of the Pedestrian Bridge (Market Square Walkway) project: $59,000.00 to an account to be identified by the Director of Finance; Funding needed for payment to VDOT for the City's share of anticipated preliminary engineering costs for the 10th Street Project: $71,000.00 to the 10th Street Account No. 008-052-9597-9003; and Funding needed for payment to VDOT for anticipated preliminary engineering costs related to the proposed extension of Wonju Street: $10,000.00 to a new account to be identified by the Director of Finance. The City Manager recommended that Council appropriate $140,000.00 from the Transfer for Capital Projects Fund to the above listed accounts. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#34941-071700) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 306.) Mr. Harris moved the adoption of Ordinance No. 34941-071700. The motion was seconded by Mr. Carder and adopted by the following vote: 582 ACTION: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. BUDGET-ROANOKE CIVIC CENTER: The City Managersubmitted a written report advising that at its June 5, 2000 meeting, Council approved an Amendment terminating the contract for catering management services at the Roanoke Civic Center; the Department of Civic Facilities will operate catering services as a part of the overall food service program; revenues and expenses for catering need to be included in the operating budget as a part of the concession budget, which will be called Food and Beverage Services; additional revenues from catering services will more than offset expenses, with net revenues designated for Civic Center Capital Improvements; and additional positions needed to operate catering services in-house include an Executive Chef and an Account Clerk. The City Manager recommended that Council appropriate $390,800.00 to certain accounts as more fully set forth in the report. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#34942-071700) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Civic Center Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 307.) Mr. Harris moved the adoption of Ordinance No. 34942-071700. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. BUDGET-EMERGENCY SERVICES: The City Manager submitted a written report advising that the Roanoke Valley has been identified by the Virginia Department of Emergency Management (VDEM) as a high risk area for hazardous materials incidents due to the City's proximity to a major highway, rail and air transport systems; since July 1, 1986, ACTION: 583 the City has been under contract with the Virginia Department of Emergency Management to respond to Level III haz mat incidents in a regional concept involving firefighter/emts from the Cities of Roanoke and Salem; and the regional team responds to hazardous materials incidents within a designated region of the state, including the City of Roanoke, at the request of VDEM which reimburses the City for actual costs incurred for responding to these incidents. Itwas further advised that Roanoke benefits in several ways from the contract; the City receives reimbursement for training, team member physical examinations and purchase of related equipment; without the state contract, the City would continue to have a need for a hazardous materials response team, but without the corresponding benefit of being a reimbursed regional provider; the present VDEM hazardous materials team contract expired on June 30, 2000; and VDEM agreed to leave the 1998-2000 agreement in effect until Council authorizes contract renewal for a two-year period commencing July 1, 2000 through June 30, 2002. The City Manager recommended that Council concur in the renewal of a two-year Virginia Department of Emergency Management hazardous materials team contract for the period July 1, 2000 until June 30, 2002, and appropriate and establish a revenue estimate of $15,000.00; and approval of a two-year Virginia Department of Emergency Management Level III response contractwill insure that the current response to hazardous materials incidents in the Roanoke Valley will continue at the present level to which citizens of Roanoke are accustomed. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#34943-071700) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 308.) Mr. Hudson moved the adoption of Ordinance No. 34943-071700. The motion was seconded by Mr. White and adopted by the following vote: 584 ACTION: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. Mr. Hudson offered the following resolution: (#34944-071700) A RESOLUTION authorizing the City Manager to enter into a two-year contract with the Commonwealth of Virginia, Department of Emergency Management, to participate in a Regional Hazardous Materials Response Team. (For full text of Resolution, see Resolution Book No. 63, page 309.) Mr. Hudson moved the adoption of Resolution No. 34944-071700. The motion was seconded by Mr. Harris and adopted by the following · vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager submitte¢! a written report advising that for several years, the City has received a Federal Local Law Enforcement Block Grant (LLEBG); which has been used to support increased police bicycle patrol; a grant requirement is that grant funds be placed in an interest-bearing account and for the 1998-2000 grant, interest earnings total $5,702.00 and exceed the budgeted amount of $1,500.00; therefore, approval by Council is needed to appropriate excess interest earnings. The City Manager recommended that Council increase Revenue and Expenditure Account No. 035-035-1234-7284 by $4,202.00. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#34945-071700) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 310.) ACTION: 585 Mr. Harris moved the adoption of Ordinance No. 34945-071700. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. POLICE DEPARTMENT-LEASES: The City Manager submitted a written report advising that a building located at Civic Mall, 1502 Williamson Road has been offered for lease by Blue Eagle Partnership for an annual rental fee of $1.00 to the City; the building fronts on Williamson Road and is located at the intersecting point of three police districts; the 2,500 square foot leased premises will be operated by the Police Department for use as a Community Oriented Police (COPE) facility, and will provide office space for conducting routine police administrative and field operations, as well as provide space for the relocation of some detectives; term of the lease will be three years, commencing on August 1,2000, or the date that the premises are ready for occupancy, whichever occurs first, and expire on July 31,2003; the City of Roanoke will have the option to renew the lease on the same terms and conditions for an additional two years upon the expiration of the original term of lease; funds in the amount of $16,063.00 have been designated within the Police Department budget for renovation and furnishing of the space, which will include office space and an assembly room which can be utilized for community and citizen group meetings; the Williamson Road Area Business Association pledged $9,000.00 to assist the Police Department in defraying the cost of renovation; and first year operating expenses have been designated in the Police Department's fiscal year 2000-01 budget. The City Manager recommended that she be authorized to execute, in a form to be approved by the City Attorney, an office lease with Blue Eagle Partnership and to accept a monetary gift of $9,000.00 from the Williamson Road Area Business Association. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency ordinance: 586 ACTION: ACTION: (#34946-071700) AN ORDINANCE authorizing the City Manager to enter into an agreement with Blue Eagle Partnership for the leasing of office space within the Civic Mall located at 1502 Williamson Road, N. W., for use by the Roanoke City Police Department, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 311.) Mr. Hudson moved the adoption of Ordinance No. 34946-071700. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. Mr. Harris offered the following resolution: (#34947-071700) A RESOLUTION accepting and expressing appreciation for the monetary pledge from the Williamson Road Area Business Association. (For full text of Resolution, see Resolution Book No. 63, page 312.) Mr. Harris moved the adoption of Resolution No. 34947-071700. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. BUDGET-GRANTS-DISABILITY SERVICES BOARD: The City Manager submitted a written report advising that the Fifth District Disability Services Board (DSB) is responsible to local governments and serves as a critical resource for needs assessment, information sharing and service opportunities for citizens with disabilities, their families and the community; the following jurisdictions in the Fifth Planning District have enacted resolutions establishing their participation in a regional effort and have appointed a local official to serve the Cities of Roanoke, Salem, Covington, Clifton Forge; the ACTION: 587 Counties of Roanoke, Craig, Botetourt, and Allegheny and the Town of Vinton; and other members of the DSB include representatives from business and consumers. It was further advised that Council authorized the Director of Finance to serve as fiscal agent for the Fifth District Disabilities Services Board on September 25, 1995, pursuant to Resolution No. 32675-092595; and funds in the amount of $14,800.00 to continue local staff in support of the administration of the DSB for a one year period have been allocated to the Fifth District DSB by the State Department of Rehabilitative Services. The City Manager recommended that she be authorized to enter into a contract, approved as to form by the City Attorney, with existing Disability Services Board staff support to continue providing local administrative support; and that Council appropriate $14,800.00 to a grant fund account number and a corresponding revenue estimate to be established by the Director of Finance. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#34948-071700) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 312.) Mr. Harris moved the adoption of Ordinance No. 34948-071700. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. Mr. Harris offered the following resolution: (#34949-071700) A RESOLUTION authorizing the City Manager to enter into a contract with the Fifth District Disability Services Board ("FDDSB") to provide continuing local administrative staff support; upon certain terms and conditions. 588 ACTION: (For full text of Resolution, see Resolution Book No. 63, page 313.) Mr. Harris moved the adoption of Resolution No. 34949-071700. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. BUDGET-HUMAN DEVELOPMENT-FDETC: The City Manager submitted a written report advising that the Fifth District Employment and Training Consortium (FDETC) administers the Federally funded Workforce Investment Act (WIA) for the region, which encompasses the Counties of Allegheny, Botetourt, Craig, Franklin and Roanoke, as well as the Cities of Clifton Forge, Covington, Roanoke and Salem by serving the following primary client populations: dislocated workers who have been laid off from employment through no fault of their own, and economically disadvantaged individuals as determined by household income guidelines set by the U. S. Department of Labor. It was further advised that the City of Roanoke is the grant recipient and fiscal agent for FDETC funding, thus, Council must appropriate funds for all grants and other monies received by the FDETC. It was explained that the State office of the Virginia Employment Commission (VEC) has sent the Consortium Notices of Award for PY 2000 WIA Title I grants in the amounts of: $366,231.00 - (Adult) $351,036.00 - (Youth) $333,463.00 - (Dislocated Worker); and the Office of Grants Compliance has notified the Consortium of PY 2000 Community Development Block Grant (CDBG) funding for the following programs: $19,159.00 - (Opportunity Knocks) $41,928.00 - (Business Training Initiative) ACTION: 589 The City Manager recommended that Council authorize appropriation of the FDETC's funding totaling $1,111,817.00 and increase the revenue estimate by $1,111,817.00 in accounts to be established in the Consortium Fund by the Director of Finance; and further authorize Council's appointee to the Fifth District Employment and Training Consortium Policy Board to execute the fiscal agent Agreement. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#34950-071700) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Consortium Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 314.) Mr. Hudson moved the adoption of Ordinance No. 34950-071700. The motion was seconded by Mr. Carder and adopted by the following vote: ACTION' AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. Mr. Harris offered the following resolution: (#34951-071700) A RESOLUTION authorizing City Council's appointee to the Policy Board of the Fifth District Employment and Training Consortium to execute the Workforce Investment Act (WIA) Grant Agreement and any necessary amendments thereto with the Virginia Employment Commission. (For full text of Resolution, see Resolution Book No. 63, page 318.) Mr. Harris moved the adoption of Resolution No. 3.4951-071700. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. 59,0 HOUSING/AUTHORITY-COMMUNITY DEVELOPMENT-GRANTS: The City Manager submitted a written report advising that in order to receive Federal entitlement funds under the Community Development Block Grant (CDBG) program of the U. S. Department of Housing and Urban Development (HUD), the City of Roanoke must submit a five-year Consolidated Plan and annual updates; the Gainsboro Professional Park is one of the CDBG-funded projects included in the plan, which was undertaken to avoid demolition of the historic "Sprauve House" due to the Second Street/Gainsboro Road project; the original intent was to renovate the building for use as a minority business office facility, however, project completion has been delayed due to construction bids exceeding available funds, uncertainty as to long- term facility management and other factors; discussions with Big Brothers Big Sisters of Roanoke indicate that the organization could provide private funding toward construction and assume a long-term management role, but the agency's mission and capabilities lie in the field of youth services and not in operating an office facility. Itwas further advised that public opinion regarding changing the Gainsboro Professional Park objective to a youth/community services center, owned and managed by Big Brothers Big Sisters, was sought over a 30-day review and comment period; of the 12 responses received, one was negative, citing the City's prior commitment to minority business usage and concerns with how Big Brothers Big Sisters was selected; overall, responses indicate support for the new use as consistent with the history of the structure and community needs; the additional resources offered by Big Brothers Big Sisters are needed to complete the project, given that construction bids received on June 7, 2000, exceed the City's CDBG funds reserved for the Gainsboro Professional Park; and the City's CDBG construction funds will be included in a contract with the Roanoke Redevelopment and Housing Authority to be considered during Council's August 7, 2000, meeting. The City Manager recommended that she be authorized to amend the Consolidated Plan, including submission of the necessary documents to HUD, to change the intended use of the Gainsboro Professional Park Project. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: ACTION: 591 (#34952-071700) A RESOLUTION authorizing the City Manager to amend the Annual Update of the Entitlement Consolidated Plan for FY 1999-2000, and to execute documents in connection with said amendment in order to change the intended use of the historic "Sprauve House" in connection with the Gainsboro Professional Park Project. (For full text of Resolution, see Resolution Book No. 63, page 318.) Mr. White moved the adoption of Resolution No. 34952-071700. The motion was seconded by Ms. Wyatt. June House, Executive Director, and A. L. Holland, Board Member, Big Brothers/Big Sisters, addressed Council in support of the recommendation of the City Manager. Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., inquired as to why the original intent to renovate the building for use as a minority business office facility was not honored, and why were citizens of the area not provided with an opportunity for participatory involvement. It was the consensus of Council to refer Ms. Bethel's remarks to the City Manager for appropriate response. Fred A. Johnson, II, Director of Development, Roanoke Redevelopment and Housing Authority, presented an explanation on the history of the project. Resolution No. 34952-071700 was adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith ............................................................. 7. NAYS: None .......................................................................... 0. DIRECTOR OF FINANCE: SEWERS AND STORM DRAINS-BUDGET-MAPS-ROANOKE CiViC CENTER-HOTEL ROANOKE CONFERENCE CENTER-CITY INFORMATION SYSTEMS-TRANSPORTATION FUND-FLEET MAINTENANCE FUND-RISK MANAGEMENT FUND-SCHOOLS-WATER RESOURCES: The Director of Finance submitted a written report advising that at the close of fiscal year 2000, budgeted funds were obligated for outstanding encumbrances; purchase orders or contracts were issued for the goods and services as of the close of fiscal year 592 ACTION: 2000, but delivery of goods or performance of services had not been completed; reappropriation of the funds carries forward the unspent budget funds that were originally appropriated and are contractually obligated for the goods and services; and appropriation amounts are as follows: General Fund Water Fund Sewage Fund Civic Center Fund Transportation Fund Hotel Roanoke Conference Center Fund Department of Technology Fund Management Services Fund Fleet Management Fund Risk Management Fund School Fund School Food Services Fund $ 1,288,919.00 174,730.00 307,245.00 159,827.00 54,566.00 796.00 177,403.00 11,589.00 476,982.00 25,603.00 924,718.00 8,256.00 The Director of Finance recommended that Council adopt proposed budget ordinances to reappropriate funds into the current fiscal year budget, in order that encumbrances may be properly liquidated. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#34953-071700) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 320.) Mr. Hudson moved the adoption of Ordinance No. 34953-071700. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith ............................................................. 7. NAYS: None .......................................... ~ ............................ 0. Mr. Harris offered the following emergency budget ordinance: ACTION: 593 (#34954-071700) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Management Services Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 322.) Mr. Harris moved the adoption of Ordinance No. 34954-071700. The motion was seconded by Mr. Carder and adopted by the following vote: ACTION: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. Mr. Harris offered the following emergency budget ordinance: (#34955-071700) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Fleet Management Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 323.) Mr. Harris moved the adoption of Ordinance No. 34955-071700. The motion was seconded by Mr. Carder and adopted by the following vote: ACTION: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. Mr. Harris offered the following emergency budget ordinance: (#34956-071700) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Department of Technology Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 324.) Mr. Harris moved the adoption of Ordinance No. 34956-071700. The motion was seconded by Mr. Carder and adopted by the following vote: 594 ACTION: ACTION: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. Mr. Harris offered the following emergency budget ordinance: (#34957-071700) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Hotel Roanoke Conference Center Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 325.) Mr. Harris moved the adoption of Ordinance No. 34957-071700. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. Mr. Harris offered the following emergency budget ordinance: (#34958-071700) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Transportation Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 326.) Mr. Harris moved the adoption of Ordinance No. 34958-071700. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. Mr. Harris offered the following emergency budget ordinance: (#34959-071700) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Civic Center Fund Appropriations, and providing for an emergency. ACTION: 595 (For full text of Ordinance, see Ordinance Book No. 63, page 327.) Mr. Harris moved the adoption of Ordinance No. 35959-071700. The motion was seconded by Mr. Carder and adopted by the following vote: ACTION: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. Mr. Harris offered the following emergency budget ordinance: (#34960-071700) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Sewage Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 328.) Mr. Harris moved the adoption of Ordinance No. 34960-071700. The motion was seconded by Mr. Carder and adopted by the following vote: ACTION: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. Mr. Harris offered the following emergency budget ordinance: (#34961-071700) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 School Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 328.) Mr. Harris moved the adoption of Ordinance No. 34961-071700. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. 596 ACTION: ACTION: ACTION: Mr. Harris offered the following emergency budget ordinance: (#34962-071700) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Water Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 329.) Mr. Harris moved the adoption of Ordinance No. 34962-071700. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. Mr. Harris offered the following emergency budget ordinance: (#34963-071700) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 School Food Services Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 330.) Mr. Harris moved the adoption of Ordinance No. 34963-071700. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. Mr. Harris offered the following emergency budget ordinance: (#34964-071700) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Risk Management Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 331.) Mr. Harris moved the adoption of Ordinance No. 34964-071700. The motion was seconded by Mr. Carder and adopted by the following vote: ACTION: 597 AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. REPORTS OF COMMITTEES: BUDGET-WATER RESOURCES: Council Member W. Alvin Hudson, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for providing and installing a new variable frequency drive electric motor for the Water Pollution Control Plant. The Bid Committee recommended that Council accept the bid of Quality Plus Services, Inc., for a new 1750 horsepower, 4160 volt variable frequency drive electric motor and controls, to include installation of the motor, in the amount of $827,680.00, and 210 consecutive calendar days of contract time, with a project contingency of $22,320.00, in a form to be approved by the City Attorney; authorize the Director of Finance to transfer $850,000.00 from the Water Pollution Control Plant Retained Earnings account to a new capital account entitled, "Water Pollution Control Plant Blower Motor"; and reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#34965-071700) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Sewage Treatment Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 332.) Mr. Hudson moved the adoption of Ordinance No. 34965-071700. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. 598 ACTION: Mr. Carder offered the following emergency ordinance: (#34966-071700) AN ORDINANCE accepting the bid of Quality Plus Services, Inc., for providing and installing a new 1750 horsepower, 4160 volt variable frequency drive electric motor for the Water Pollution Control Plant, upon certain terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 333.) Mr. Carder moved the adoption of Ordinance No. 34966-071700. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. SIDEWALKS/CURB AND GUTTER: Council Member W. Alvin Hudson, Jr., Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for construction of new concrete sidewalks, entrances and curb along various streets throughout the City. The Bid Committee recommended that Council accept the bid of S. R. Draper Paving Company, in the amount of $89,073.75 and 180 calendar days for completion of the work, with a project contingency of $10,000.00; that the City Manager be authorized to execute a unit price contract for the work, in a form to be approved by the City Attorney; and reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Hudson Offered the following emergency ordinance: (#34967-071700) AN ORDINANCE accepting the bid of S. R. Draper Paving Company, for constructing 2,325 square feet of sidewalk and 2,400 linear feet of curb and associated work along various streets throughout the City of Roanoke referred to as Phase V-B (CDBG) ACTION: 599 Project, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 334.) Mr. Hudson moved the adoption of Ordinance No. 34967-071700. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. UNFINISHED BUSINESS: BUDGET-HOUSING/AUTHORITY-DOWNTOWN NORTH: Council at its meeting on Tuesday, July 3, 2000, having tabled a report of the City Manager with regard to execution of the Shenandoah Crossing Cooperation Agreement, and appropriation of funds to the Roanoke Redevelopment and Housing Authority to fulfill the terms of the Agreement, the matter was again before the body. Mr. Harris moved that the matter be removed from the table. The motion was seconded by Mr. Carder and unanimously adopted. Ms. Wyatt offered the following emergency Ordinance: (#34968-071700) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 335.) Ms. Wyatt moved the adoption of Ordinance No. 34968-071700. The motion was seconded by Mr. Carder. The City Manager submitted a written report advising that the Roanoke Redevelopment and Housing Authority (RRHA) plans to convert the Norfolk and Western General Office Building-South, located on North Jefferson Street within the Greater Gainsboro Redevelopment Area, into market rate apartments; the City wishes to work with the Housing Authority to accomplish successful completion of the project 600 and for the general revitalization of this area of the City; therefore, the .City has committed to providing a $5 million parking garage and significant public infrastructure improvements to the area in support of the downtown housing project, and the proposed Crewe Suites Office Building sponsored by the Roanoke Neighborhood Development Corporation and the Roanoke Higher Education Center. It was further advised that the City proposes to grant $1.2 million to the Housing Authority to be used to renovate, improve, and construct market rate apartments, with the understanding that City funds will be used with other sources of funds for the Project, including syndication proceeds and mortgage funds insured by the United States Department of Housing and Urban Development (HUD); according to terms of the contract, the City's contribution would be repaid out of any residual cash flow available from the project; the Housing Authority will work closely with the City to report on the progress of the project and to provide periodic financial updates, however, the contribution will not be a debt of the project; consequently, no future action by the City is required to forgive the debt if repayment is not possible; the Housing Authority will use its best efforts to obtain residual equity cash flow from the Project and to use such cash flow to make annual contribution payments to the City in repayment of the grant in the amount of $1.2 million; ownership equity will be a taxable limited partnership; the project encompasses 87 market rate apartments, each of which will require a dedicated parking space; and the City will provide fora period of five years a total of 87 parking spaces dedicated to the apartment project in the public parking structure to be built adjacent to the new apartment building, subject to annual appropriations. The City Manager recommended that she be authorized to execute the Shenandoah Crossing Cooperation and Parking Agreement and that Council appropriate $1.2 million to a new Capital Fund Account established by the Director of Finance entitled, "Shenandoah Crossing Project." (For full text, see report on file in the City Clerk's Office.) Willis M. Anderson, Chair, Roanoke Redevelopment and Housing Authority, addressed Council in support of the recommendation of the City Manager. Edwin J. Hall, Chair, Foundation for Downtown Roanoke, Inc., spoke to the advantages of revitalizing the City, not only from the standpoint of its tax base but from a social, moral and economic base 601 as well. He advised that the Roanoke Redevelopment and Housing Authority is asking for the City's assistance with residential housing in downtown Roanoke which will offer an opportunity to stimulate growth and housing in the downtown area. The Mayor expressed concern that the City is subsidizing approximately $13,800.00 per unit for higher end living quarters which could set a precedent for the future that the City obviously could not afford. ACTION: Ordinance No. 34968-071700 was adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, and Bestpitch ................................................................................. 6. NAYS: Mayor Smith ............................................................... 1. Mr. Bestpitch offered the following resolution: (#34969-071700) A RESOLUTION authorizing execution of the Shenandoah Crossing Cooperation and Parking Agreement between the City of Roanoke and the Roanoke Redevelopment and Housing Authority (RRHA) to provide for implementation of certain aspects of the Redevelopment Plan for the Gainsboro Community Program Area, specifically regarding the conversion of the former Norfolk and Western GOB South into market rate apartments, for provision by the City of certain parking arrangements therefor, and ratifying, approving and confirming the formation by RRHA of the legal entities proposed by the RRHA to assist in financing and effectuating the project. (For full text of Resolution, see Resolution Book No. 63, page 336.) Mr. Bestpitch moved the adoption of Resolution No. 34969- 071700. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: 602 ACTION: TAXES-REAL ESTATE VALUATION: Ordinance No. 34915, relating to tax exemption for certain rehabilitated real property, in order to provide for certain changes in such exemptions and the administration thereof, effective July 1, 2000, having previously been before the Council for its first reading on Monday, July 3, 2000, read and adopted on its first reading and laid over, was again before the body, Mr. White offering the following for its second reading and final adoption: (#34915-071700) AN ORDINANCE amending and reordaining §32- 93, Generally, §32-94, Rules and regulations for administration of division, §32-95, Eligibility of residential real property, §32-97, Amount of exemption, §32-98, Application, §32-101.1, Generally, §32-101.2, Rules and regulations for administration of division, and §32-101.5, Application, of Chapter 32, Taxation, and adding a new §32-98.1, Eliqibilitv, to Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, relating to tax exemption for certain rehabilitated real property, in order to provide for certain changes in such exemptions and the administration thereof; and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 63, page 293.) Mr. White moved the adoption of Ordinance No. 34915-071700. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. PURCHASE/SALE OF PROPERTY-HOUSING/AUTHORITY- DOWNTOWN ROANOKE, INCORPORATED-DOWNTOWN NORTH- HENRY STREET REVIVAL COMMITTEE: Ordinance No. 34933, authorizing the City's acceptance of certain donations and conveyances of properties located in the Greater Gainsboro Development area from the Roanoke Redevelopment and Housing Authority and the Roanoke Foundation for Downtown, Inc., for the construction of a new parking facility, having previously been before the Council for its first reading on Monday, July 3, 2000, read and adopted on its first reading and laid over, was again before the body, Mr. Hudson offering the following for its second reading and final adoption: ACTION: 603 (#34933-071700) AN ORDINANCE authorizing the City's acceptance of certain donations and conveyances of properties located in the Greater Gainsboro Development area from the Roanoke Redevelopment and Housing Authority and the Roanoke Foundation for Downtown, Inc., for the construction of a new parking facility, authorizing preparation of the appropriate documents, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 63, page 298.) Mr. Hudson moved the adoption of Ordinance No. 34933-071700. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: INSURANCE-SCHOOLS: Council Member Wyatt requested information on the cost of funding a $30.00 per month health insurance supplement, as previously requested by certain retired teachers of the Roanoke City Public School System. She also requested that the City Manager confer with school officials to determine if the matter can be included as a supplemental school budget request for funding in the school year 2001-02. VA AMATEUR SPORTS/COMMONWEALTH GAMES: Council Member White referred to recent comments in regard to the future location of the Virginia Commonwealth Games, and requested that the matter be referred to the City Manager to meet with the appropriate officials to encourage that the Commonwealth Games will continue to be held in the Roanoke Valley. STATE HIGHWAYS-SIGNS/BILLBOARDS/AWNINGS.REFUSE COLLECTION: Council Member White expressed concern with regard to the overall appearance of the City (weeds, discarded furniture on City streets, junk cars, etc.) and requested that the City Manager insure that all applicable City Code provisions are enforced. He also referred to 604 the unsightly condition of the ramps at 1-581 and encouraged the City Manager to continue to communicate with State officials to address the problem. Council Member Harris requested a status report on a proposal that was presented to Council some time ago in regard to local businesses partnering with the City to maintain the on/off ramps on 1- 581. CONVENTION AND VISITORS BUREAU-TOURISM: Vice-Mayor Carder addressed the matter of promoting and marketing the Roanoke Valley, and requested that the City Manager report to Council on marketing techniques of other localities and funds expended for that purpose. He suggested that Council receive a briefing by the Virginia Tourism Commission with regard to anticipated costs to adequately promote the Roanoke Valley and the return on investments in terms of economic development. Council Member Harris requested information on the amount of City contributions to the Roanoke Valley Convention and Visitors Bureau, the amount of contributions by other localities in the Roanoke Valley to the Convention and Visitors Bureau, and whether it would be more cost effective for the City to use a portion of its contribution to directly market the City of Roanoke. The above referenced requests were referred to the City Manager for report. POLICE DEPARTMENT-COMMONWEALTH'S ATTORNEY- GRANTS: Vice-Mayor Carder referred to the "Exile Virginia" grant, effective July 1, 2000, which would enable the City of Roanoke to receive grant funds in the amount of $103,000.00 for employment of an Assistant Commonwealth's Attorney to be charged with the responsibility of focusing on gun-related crimes and marketing and media awareness. He requested a status report by the City Manager on the City's proposed utilization of the grant funds. CITY CODE-BUILDINGS/BUILDING DEPARTMENT-COMMUNITY PLANNING: Council Member Bestpitch requested thatthe City Manager provide a status report on current and proposed actions to approve code enforcement in the building inspection processes in general. Without objection by Council, the Mayor advised that the above requests of Council Members would be referred to the City Manager for appropriate response. ACTION: 6O5 OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY MARKET-COMPLAINTS: Mr. Michael Jirousek, 3433 Brandywine Avenue, referred to the removal of benches in the City Market area, which action was intended to discourage homeless persons from sleeping on the benches. He advised that this action has caused a problem for youth who frequent the area in the evenings who sit on doorsteps and block sidewalks, thus leading to arrests by police officers. He stated that business owners in the City Market area have expressed an interest in contributing funds to be used for purchase of new types of benches that would discourage their use for sleeping purposes. Without objection by Council, the Mayor advised that the remarks of Mr. Jirousek would be referred to the City Manager for appropriate response. At 4:15 p.m., the Mayor declared the meeting in recess. At 4:20 p.m., the meeting reconvened in the Council Chamber, with Mayor Smith presiding, and all Members of the Council in attendance. COUNCIL: With respect to the Closed Meeting just concluded, Mr. Carder moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Bestpitch and Mayor Smith .............................................................. 6. NAYS: None ....................................................................... 0. (Council Member Wyatt abstained from voting.) OATHS OF OFFICE-COMMITTEES-SPECIAL EVENTS: The Mayor called attention to vacancies on the Special Events Committee created by expiration of the terms of office of Michael R. Whelan and William H. Carder, and called for nominations to fill the vacancies. Mr. Harris placed in nomination the name of Jay Stephens. 606 ACTION: ACTION: ACTION: Mr. Carder placed in nomination the name of Cynthia Jennings. There being no further nominations, Mr. Stephens and Ms. Jennings were appointed as members of the Special Events Committee, for terms ending June 30, 2001, by the following vote: FOR MR. STEPHENS AND MS. JENNINGS: Council Members Carder, Harris, Hudson, White, Bestpitch and Mayor Smith ................. 6. (Council Member Wyatt abstained from voting.) OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised that there is a vacancy on the Roanoke Neighborhood Partnership Steering Committee created by the resignation of Keith Moore, and called for nominations to fill the vacancy. Mr. Carder placed in nomination the name of Fredrick M. Williams. There being no further nominations, Mr. Williams was appointed as a member of the Roanoke Neighborhood Partnership Steering Committee, for a term ending November 30, 2001, by the following vote: FOR MR. WILLIAMS: Council Members Carder, Harris, Hudson, White, Bestpitch and Mayor Smith ................................................. 6. (Council Member Wyatt abstained from voting.) OATHS OF OFFICE-COMMITTEES-PARKS AND RECREATION: The Mayor advised that there is a vacancy on the Mill Mountain Advisory Committee created by expiration of the term of office of Ralph K. Smith, and called for nominations to fill the vacancy. Mr. Carder placed in nomination the name of E. C. Pace, II1. There being no further nominations, Mr. Pace was appointed as a member of the Mill Mountain Advisory Committee, for a term ending June 30, 2001, by the following vote: FOR MR. PACE: Council Members Carder, Harris, Hudson, White, Bestpitch and Mayor Smith ................................................. 6. (Council Member Wyatt abstained from voting.) 607 At 4:25 p.m., the Mayor declared the meeting in recess until 7:00 p.m. On Monday, July 17, 2000, at 7:00 p.m., the Roanoke City Council reconvened in regular session in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Smith presiding. PRESENT: Council Members William H. Carder, C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt, William D. Bestpitch and Mayor Ralph K. Smith ................................................. 7. ABSENT: None .................................................................. 0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Sr., Deputy City Manager; Steven J. Talevi, Assistant City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Council Member Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. HEARING OF CITIZENS: EMERGENCY MEDICAL SERVICES: Deborah Lockhart, Board Member, The National Emergency Medical Services Memorial Service, advised that each May, the organization recognizes men and women, paid and volunteers, who have died in the line of duty across the nation, and in 1998, Congress passed a bill recognizing this service as the only one of its kind in the nation. She further advised that families come to the Roanoke Valley from all over the United States in memory of their loved ones and each family is presented with a medal of valor, a white rose signifying undying love, and a United States Flag which has been flown over the United States Capitol, followed by a tour of the To the Rescue Museum where they learn about the history of the rescue squad movement which began in the Roanoke Valley. She stated that since 1993, 195 providers have been recognized from 40 states; therefore, it would be fitting to have a permanent memorial based in Roanoke which is the birth place of the emergency medical services movement. 608 On behalf of the National EMS Memorial Service Board, Ms. Lockhart requested funding for a permanent memorial recognizing the men and women of the emergency medical services community who made the ultimate sacrifice. Without objection by Council, the Mayor advised that the remarks of Ms. Lockhart would be received and filed. PUBLIC HEARINGS: PURCHASE/SALE OF PROPERTY-HABITAT FOR HUMANITY-CITY PROPERTY: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, July 17, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, on the request of Jerry W. Jones Construction, LLC, regarding a proposal to convey 6.5 acres of City-owned property consisting of 24 vacant building lots and one drainage lot located in Westview Terrace, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, July 9, 2000. (See publisher's affidavit on file in the City Clerk's Office.) Kit B. Kiser, Assistant City Manager for Operations, advised that in 1998, Habitat for Humanity proposed the development of 32 structures in the area, at which time representatives of the neighborhood expressed concern about the potential impact on existing houses, and Council requested that the City Manager negotiate with Habitat for Humanity which led to the City eventually acquiring the property. He explained that standards were developed which allowed the property to be placed on the market for sale for use as residential structures; the property was bid on three separate occasions, on the first occasion no bids were received, and on the second occasion three bids were received but because language regarding certain penalty provisions was not included in the bid document, it was necessary to reject the bids and re-advertise. As a result of the third advertisement, the bid of Jerry W. Jones, LLC, in the amount of $125,110.00, and the public hearing is currently before Council. Mr. Harris offered the following emergency Ordinance. 609 "AN ORDINANCE providing for the fee simple conveyance to Jerry W. Jones Construction, LLC, of City owned property consisting of twenty-four (24) vacant building lots and one (1) drainage lot located in Westview Terrace, such lots being identified by Official Tax Nos. 6370511,6370512, 6370513, 6370514, 6370515, 6370516, 6370517, 6370518, 6370519, 6370520, 6370601, 6370602, 6370603, 6370604, 6370605, 6370606, 6370607, 6370608, 6370609, 6370710, 6370711, 6370712, 6370203, 6370204 and 6370205, containing approximately 6.5 acres, upon certain terms and conditions." Mr. Harris moved the adoption of the ordinance. The motion was seconded by Mr. Carder. Ms. Betty Gibson, 4356 Tellico Road, N. W., inquired about the type of structures that are proposed to be constructed. Mr. Barry Aylor, 3028 Bandy Road, S. E., advised that he previously expressed an interest in bidding on the property and received the assurance of a City employee that bid documents would be forwarded to him at the appropriate time, however, his request was not honored. He suggested that the City of Roanoke initiate a better system of providing information to the public. Mr. Carder called attention to certain questions that need to be answered before Council takes formal action on the matter, and suggested that action be deferred until the next regular meeting of Council on Monday, August 7, 2000; whereupon, Mr. Harris withdrew the original motion to adopt the measure and Mr. Carder withdrew his second to the motion. Mr. W. L. Proffitt, 3545 Greenland Avenue, N. W., expressed concern that the appraised value of property on Tellico Road was decreased, and inquired as to its effect on property in the Woodbridge area. He advised that citizens are not treated fairly when the City decreases the assessed value of certain property for the express purpose of selling said property. Mr. Kermit E. Plummer, 1653 Garstland Drive N. W., advised that when the City acquired the property, it was suggested that the land be used for park purposes, however, that action did not occur and the land was advertised for bid to the highest bidder. He further advised that the City's requirements of the contractor are acceptable to the neighborhood, however, residents of the area question whether the 610 contractor will be able to construct the number of homes specified in the required period of time, taking into consideration inclement weather, etc. He stated that the neighborhood would like to move on with the project because the area in its present condition is an eyesore to the community, and requested that Council vote to accept the bid of Jerry W. Jones, LLC. Mr. Merle Whitbeck, 1806 Angus Road, N. W., concurred in the remarks of Mr. Plummer. Mr. Harris withdrew his motion to adopt the budget ordinance and Mr. Carder withdrew his second to the motion. Mr. Carder moved that the matter be defered until the next regular meeting of Council on Monday, August 7, 2000, at 2:00 p.m. The motion was seconded by Mr. Hudson and unanimously adopted. EASEMENTS-APPALACHIAN POWER COMPANY-PARKS AND RECREATION-CITY PROPERTY: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, July 17, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, on the request of American Electric Power, for relocation of an existing overhead electric power service across City-owned property for the purpose of providing electric service to the Mill Mountain Visitors Center site, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, July 9, 2000. (See publisher's affidavit on file in the City Clerk's Office.) A report of the Water Resources Committee advising that American Electric Power has requested an easement to relocate an existing overhead power line located on the Mill Mountain Visitors Center site to provide electric service to the Visitors Center; which will require a portion of the existing easement and line to be abandoned, was before Council. The Water Resources Committee recommended that Council schedule a public hearing and, lacking any comments to the contrary, authorize execution of the appropriate document, in a form to be approved by the City Attorney, relocating a portion of the APCO ACTION' 611 easement across City-owned property, and abandoning a portion of the easement for the express purpose of installing underground cable to provide electric service to the Visitors Center. (For full text, see report on file in the City Clerk's Office.) Mr. Harris moved that the following ordinance be placed upon its first reading: (#34970) AN ORDINANCE authorizing the granting of an easement for the relocation of an existing overhead electric power service across City-owned property located on the Mill Mountain Visitors Center site, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 63, page 338.) The motion was seconded by Mr. Carder. The Mayor inquired if there were persons present who would like to address Council with regard to the request. There being none, Ordinance No. 34970 was adopted, on its first reading, by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. NORFOLK SOUTHERN CORPORATION-LEASES-HIGHER EDUCATION CENTER-CITY PROPERTY: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, July 17, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, on the request of the City of Roanoke to enter into a lease agreement with the Norfolk Southern Corporation to allow the temporary exchange of parking areas to accommodate parking at the Roanoke Higher Education Center, upon certain terms and conditions, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, July 9, 2000. (See publisher's affidavit on file in the City Clerk's Office.) 612 ACTION: A report of the Water Resources Committee advising that proposed improvements in the Greater Gainsboro Development Project include development of a higher education center, an office building, residential property and a parking garage; the higher education center will be completed and operational by August 15, 2000; the parking garage is scheduled to be completed in September 2001; and a proposed exchange of operational control of 100 City-owned spaces behind Billy's Ritz for Norfolk Southern Railway Company's 66 space lot and 41 spaces along the track from old Second Street to the First Street Bridge will provide additional parking adjacent to the Roanoke Higher Education Center. The Water Resources Committee recommended that Council authorize advertisement of a public hearing and, lacking any comments to the contrary, authorize the City Manager to execute an agreement with Norfolk Southern Railway Company, providing for a lease to allow for exchange of parking areas, in a form to be approved by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson moved that the following ordinance be placed upon its first reading: (#34971) AN ORDINANCE authorizing the City Manager to enter into an agreement between the City and Norfolk Southern Railway Company providing for a lease to allow the exchange of operational control of certain parking areas to provide for additional parking adjacent to the Roanoke Higher Education Center, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 63, page 338.) The motion was seconded by Mr. Harris. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 34971 was adopted, on its first reading, by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. ACTION: 613 PURCHASE/SALE OF PROPERTY-HOUSING/AUTHORITY-CITY PROPERTY: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, July 17, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, on the request of the Roanoke Redevelopment and Housing Authority for fee simple conveyance of City-owned property containing approximately 0.064- acre, located along Gainsboro Road, upon certain terms and conditions, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, July 9, 2000. (See publisher's affidavit on file in the City Clerk's Office.) A report of the Water Resources Committee advising that the property is located along Gainsboro Road, N. W., and was acquired in 1994 as part of the right-of-way for the Second Street/Gainsboro Road/Wells Avenue project; construction has been completed, leaving four small residual parcels; and the property is no longer needed by the City and may be disposed of as surplus, was before Council. The Water Resources Committee recommended that Council authorize advertisement of a public hearing and, lacking any comments to the contrary, approve the conveyance of Official Tax Nos. 2012920, 2012939, 2012943 and 2012949, containing approximately 0.064-acre, located along Gainsboro Road, to the Roanoke Redevelopment and Housing Authority (RRHA), with the Housing Authority to be responsible for all title work, surveying, plat preparation, and preparation of legal documents in a form that is acceptable to the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. Harris moved that the following ordinance be placed upon its first reading: (#34972) AN ORDINANCE providing for the fee simple conveyance to the Roanoke Redevelopment and Housing Authority of City-owned property, identified by Official Tax Map Nos. 2012920, 2012939, 2012943 & 2012949, containing approximately 0.064-acre, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 63, page 339.) 614 ACTION: The motion was seconded by Mr. Carder. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 34972 was adopted, on its first reading, by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. EASEMENTS-APPALACHIAN POWER COMPANY-SCHOOLS-CITY PROPERTY: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, July 17, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, on a proposal to grant American Electric Power a 15 foot easement for relocation of a portion of an existing overhead electric power service across City- owned property located on the Patrick Henry High School Governor's School site, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, July 9, 2000. (See publisher's affidavit on file in the City Clerk's Office.) A report of the Water Resources Committee advising that American Electric Power has requested a 15 foot easement to extend an existing overhead power line located on the Patrick Henry High School Governor's School site to provide electric service to the renovated Governor's School; with a portion of the existing easement and line to be abandoned, was before Council. The Water Resources Committee recommended that Council authorize advertisement of a public hearing and, lacking any comments to the contrary, authorize execution of the appropriate document, in a form to be approved by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson moved that the following ordinance be placed upon its first reading: 615 (#34973) AN ORDINANCE authorizing the granting of a 15' easement for the relocation ora portion of an existing overhead electric power service across City-owned property located on the Patrick Henry High School Governor's School site, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 63, page 340.) The motion was seconded by Mr. Harris. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 34973 was adopted, on its first reading, by the following vote: ACTION: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. REPORTS OF OFFICERS: CITY MANAGER: COUNCIL: A report of the City Manager requesting that Council convene in a Closed Meeting to consult with legal counsel on a specific legal matter requiring the provision of legal advice by such counsel, being the terms and conditions of a contract in negotiation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. Harris moved that Council concur in the request of the City Manager to convene in a Closed Meeting to consult with legal counsel on a specific legal matter requiring the provision of legal advice by such counsel, being the terms and conditions of a contract in negotiation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ....................................................................... 0. 616 OTHER HEARING OF CITIZENS: None. At 7:40 p.m., the Mayor declared the meeting in recess. At 7:55 p.m., the meeting reconvened in the Council Chamber, with Mayor Smith presiding, and all Members of the Council in attendance. ACTION: COUNCIL: With respect to the Closed Meeting just concluded, Mr. Carder moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .............................................................. 7. NAYS: None ..................................................... ~ ................. 0. There being no ~urther business, the Mayor declared the meeting adjourned at 7:58 p.m. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor