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HomeMy WebLinkAboutCouncil Actions 10-18-01ROANOKE CITY CO UNCIL REGULAR SESSION HUDSON 35602-101801 October 18, 2001 2:00 P.M. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order--Roll Call. (All present) The Invocation was delivered by The Reverend Carl T. Tinsley, Pastor, First Baptist Church, Buena Vista, Virginia. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Ralph K. Smith. Welcome. Mayor Smith. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Friday, October 19, 2001, at 7:00 p.m., and Saturday, October 20, 2001, at 4:00 p.m. Council meetings are now being offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541. THE CITY CLERK'S OFFICE NOW PROVIDES THE CITY COUNCIL AGENDA PACKAGE ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS THE AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT www.roanokegov.com, CLICK ON THE ROANOKE CITY COUNCIL ICON, CLICK ON MEETINGS AND AGENDAS, AND DOWNLOAD THE ADOBE ACROBAT SOFTWARE TO ACCESS THE AGENDA. ALL PERSONS WISHING TO ADDRESS COUNCIL ARE REQUESTED TO REGISTER WITH THE STAFF ASSISTANT WHO IS LOCATED AT THE ENTRANCE TO THE COUNCIL CHAMBER. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH, HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE IS REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541 TO OBTAIN AN APPLICATION. PRESENTATIONS: Proclamation declaring Humanities Month. File #3 the month of October 2001 as National Arts and 2 Recognition of Roanoke Citizen, the City of Roanoke Quarterly Magazine, as recipient of the National "3CMA" (City/County Communications and Marketing Association) Silver Circle Award for Best Newsletter. File #80 A ordinance with regard to the new agenda process. Adopted Ordinance No. 35602-101801. (7-0) File #24-132 A resolution of congratulations to Allstate Insurance Company on the occasion of its anniversary in the Roanoke Valley. Adopted Resolution No. 35603-101801. (7-0) File #80 A resolution memorializing the late Mary Chisholm Pickett, a resident of the Roanoke Valley since 1934. Adopted Resolution No. 35604-101801. (7-0) File #80-132-367 0 CONSENT AGENDA C-1 (APPROVED 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE 1TEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Minutes of the special and regular meetings of Council held on Tuesday, September 4, 2001; and the special and regular meetings held on Monday, September 17, 2001. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. 3 C-2 C-3 C-4 C-5 A communication from Mayor Ralph K. Smith requesting a Closed Meeting to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDATION ACTION: File #110-132 Concur in request. A communication from Mayor Ralph K. Smith requesting a Closed Meeting to discuss personnel matters, specifically interviews for appointments to the Architectural Review Board, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950) as amended. RECOMMENDATION ACTION: File #110-132 Concur in request. A communication from the City Manager requesting that Council convene in 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 2.2-371 l(A)(3), Code of Virginia (1950), as amended. RECOMMENDATION ACTION: File #2-104-132 Concur in request. A communication from the City Manager requesting that Council convene in 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 2.2- 371 l(A)(3), Code of Virginia (1950), as amended. RECOMMENDATION ACTION: Concur in request. C-6 Withdrawn by the City Manager. Minutes of the meeting of the October 1, 2001. RECOMMENDED ACTION: File #10-300 Audit Committee held on Monday, Receive and file. 4 C-7 e e Qualification of the following persons: Edward S. Colonna as a member of the New Construction Code, Board of Appeals, for a term ending September 30, 2006; Ben J. Fink as a Commissioner of the City of Roanoke Redevelopment and Housing Authority for a term ending August 31, 2005; and Robert C. Poole as a member of the Roanoke Civic Center Commission for a term ending September 30, 2004. RECOMMENDED ACTION: Receive and file. File #15-32-110-178-192-200 REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: a. Request of the Roanoke Regional Chamber of Commerce to express support of and commendation for cooperative public safety efforts underway between the City of Roanoke and the County of Roanoke. Beth Doughty, President, Spokesperson. Received and filed. File #5-70-99-175-354 PETITIONS AND COMMUNICATIONS: a. A communication from the Roanoke City School Board requesting that Council appropriate $8,480.00 for the Title I School Improvement Program; and $545,773.00 from the Capital Maintenance and Equipment Replacement Fund; and a report of the Director of Finance recommending that Council concur in the request. Adopted Budget Ordinance No. 35605-101801. (7-0) File #60-217-467 A communication from the Roanoke City School Board requesting that Council issue General Obligation Qualified Zone Academy Bonds, in an aggregate principal amount not to exceed $1,100,000.00, to rehabilitate, repair, and/or equip Lincoln Terrace Elementary School. Adopted Resolution No. 35606-101801. (7-0) File//53-467 do A petition from the Boys and Girls Clubs of Roanoke Valley, Inc., requesting exemption from taxation of real property located at 1719 9th Street, S. E., in the City of Roanoke, pursuant to Section 30-19.04(B), Code of Virginia (1950), as amended. The matter was referred to the City Manager for study, report and recommendation to Council and to schedule a public hearing. File//79-304 Council Member White reiterated previous requests that City staff review the status of 501(C)(3) non-profit corporations to provide Council with a review of current properties on the City's tax role versus tax exempt properties, and submit a policy recommendation for consideration by Council. A communication from the General Registrar requesting that Council approve an emergency change in the polling place from the National Guard Armory, 33 Reserve Avenue, S. W., to the Roanoke City Schools Maintenance Building, 250 Reserve Avenue, S. W. Adopted Ordinance No. 35607-101801. (7-0) File//40-122-189-467 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS' NONE. ITEMS RECOMMENDED FOR ACTION: 6 o o A communication recommending authorization to execute Amendment No. 2 to the 2000-01 Community Development Block Grant Funding Administration Agreement with the Roanoke Redevelopment and Housing Authority, to provide funds for infrastructure improvements associated with the Lincoln 2000/HOPE VI Community Revitalization P.rogram Project; and appropriation and transfer of funds in connection therewith. Adopted Budget Ordinance No. 35608-101801 (7-0), and Resolution No. 35609-101801. (6-0, Council Member White was out of the Council Chamber.) File//60-178-200 A communication recommending appropriation of $75,211.00 to Grant Fund accounts in connection with the Forfeited Asset Sharing Program. Adopted Budget Ordinance No. 35610-101801. (6-0, Council Member White was out of the Council Chamber.) File//5-60 A communication recommending authorization to accept the bid submitted by Breakell, Inc., in the amount of $362,331.00, for improvements to seven City softball/baseball fields; and transfer of funds in connection therewith. Adopted Budget Ordinance No. 35611-101801 and Ordinance No. 35612-101801. (6-0, Vice-Mayor Carder abstained from voting inasmuch as he has a business relationship with Breakell, Inc.) File #60-67 A communication recommending appropriation of $132,624.00 in connection with carryover funds for the Fifth District Employment and Training Consortium. Adopted Budget Ordinance No. 35613-101801. (7-0) File #60-246 7 o A communication recommending authorization to accept the bid submitted by Aramark Uniform and Career Apparel, Inc., in the amount of$119,080.88 for rental of uniforms for City employees, for a period of one year, with an option to rene~v for four additional one year periods; and reject all other bids received by the City. Adopted Resolution No. 35614-101801. (7-0) File #184 6. A communication with regard to special military leave pay. The matter was tabled until the next Council on Monday, November 5, 2001. File #184 regular meeting of o A communication recommending amendment of the City Code to establish a residential parking permit program; and amendment of the City's Fee Compendium to provide for the permit fees. Adopted Ordinance No. 35615-101801. (7-0) File #20-24-289 6. REPORTS OF COMMITTEES: NONE. 7. UNFINISHED BUSINESS: NONE. 8. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: go A resolution reappointing William L. Bova as a Director of the Industrial Development Authority for a term of four years commencing on October 21, 2001, and expiring on October 20, 2005. Adopted Resolution No. 35616-101801. Wyatt was out of the Council Chamber.) File #110-207 (6-0, Council Member 8 bo Co A resolution reappointing S. Deborah Oyler as a Director of the Industrial Development Authority for a term of four years commencing on October 21,2001, and expiring on October 20, 2005. Adopted Resolution No. 35617-101801. Wyatt was out of the Council Chamber.) File #110-207 (6-0, Council Member A resolution electing and appointing Troy A. Harmon as Municipal Auditor for the City of Roanoke, and ratifying the terms and conditions of employment as Municipal Auditor offered to Mr. Harmon. Adopted Resolution No. 35618-101801. Wyatt was out of the Council Chamber.) File #184-280 (6-0, Council Member 9. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor, Vice-Mayor and Members of City Council. Council Member White commended his fellow Council Members on their participation in a Planning Retreat which was held on October 3 at Apple Ridge Farm and encouraged Council to continue to engage in similar work sessions. File #132 Vice-Mayor Carder referred to a meeting of the First Cities Coalition which was held during the Annual Conference of the Virginia Municipal League. He advised that the Coalition is composed of 14 cities that face similar problems in terms of state funding inequities, and noted that meetings of the Coalition will be scheduled in the near future. File #132-60-550 bo Vacancies on various authorities, boards, commissions and committees appointed by Council. 9 10. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. IT IS A TIME FOR CITIZENS TO SPEAK AND A TIME FOR COUNCIL TO LISTEN. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR ANY NECESSARY AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Mrs. Joseph Lawson, 3151 West Ridge Road, S. W., addressed Council with regard to deer over population in her neighborhood. The matter was referred to the City Manager for report. File #86-54 Ms. Amy Cosner, 4004 High Acres Road, N. W., addressed Council with regard to anti-abortion protestors on Peters Creek Road, N. W. File #86-478 The meeting was declared in recess for three closed sessions. CERTIFICATION OF CLOSED SESSION. (7-0) The following persons were reappointed as members of the Roanoke Neighborhood Partnership Steering Committee for terms ending November 30, 2004: Paula L. Prince James Armstrong Charles W. Hancock Stark H. Jones George M. McMillan Richard J. Nichols Henry Scholz Frederick M. (Rick) Williams File #15-110-488 Courtney Penn was reappointed as a member of the Advisory Board of Human Development for a term ending November 30, 2005. File #15-72-110 l0 Judy Jackson was appointed as a member of the Human Services Committee for a term ending June 30, 2002. File #15-72-110 Frank Eastburn was appointed as member of the Roanoke Arts Commission to fill the unexpired term of Rita D. Bishop, ending June 30, 2002. File #15-110-230 THE MEETING OF COUNCIL WAS DECLARED IN RECESS AT 4:55 P.M., TO BE RECONVENED AT 5:00 P. M., IN THE EMERGENCY OPERATIONS CENTER CONFERENCE ROOM, ROOM 159, NOEL C. TAYLOR MUNICIPAL BUILDING, FOR A JOINT MEETING OF COUNCIL AND THE ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY. JOINT MEE TING CITY CO UNCIL/R OANOKE REDE VEL OPMENT AND HOUSING AUTHORITY October 18, 2001 5:00p. m. EMERGENCY OPERA TIONS CENTER CONFERENCE ROOM 1. Call to Order. Roanoke Redevelopment and Housing Authority Roll Call. 3. Welcome. Mayor Smith. 4. Invocation. Council Member Harris. 5. Opening Remarks. Chairman Anderson. Dinner 12 6. Project Updates: · South Jefferson Redevelopment Area. Ms. Meredith. · Eight Jefferson Place (GOB South) (Shenandoah Crossing Apartments project). Mr. Lynn. Lincoln 2000. Ms. Bumbry. Market Rate Housing Efforts. 7. Recap and Recommended Action: · What the RRHA Brings. Mr. Fink. 8. Comments by City Council/Roanoke Redevelopment and Housing Authority/Staffs. 9. Other Business. 10. Summary. Chairman Anderson. THE CITY COUNCIL MEETING WAS DECLARED IN RECESS AT 6:40 P.M. TO BE RECONVENED AT 7:00 P. M., IN THE CITY COUNCIL CHAMBER, FOURTH FLOOR, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., CITY OF ROANOKE. 13 ROANOKE CITY CO UNCIL REGULAR SESSION October 18, 2001 7:00 P.M. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order-- Roll Call. (All present) The Invocation was delivered by Council Member William D. Bestpitch. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Ralph K. Smith. Welcome. Mayor Smith. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Tonight's meeting will be replayed on Channel 3 on Friday, October 19,2001, at 7:00 p.m., and Saturday, October 20, 2001, at 4:00 p.m. Council meetings are now being offered with closed captioning for the hearing impaired. 14 A. PUBLIC HEARINGS: Public hearing on the request of Sherman W. Chisom that an unused, unpaved and unimproved alleyway running in an east/west direction between 101/2 Street and 11 th Street, S. E., between properties identified as Official Tax Nos. 4111317 and 4111303, for a distance of approximately 130 feet in a westerly direction from 11th Street, be permanently vacated, discontinued and closed. Sherman W. Chisom, Spokesperson. Adopted Ordinance No. 35619-101801. (7-0) File #514 Public hearing on the request of the Times-World Corporation that a portion of Salem Avenue, S. W., near its intersection with Second Street, being approximately five feet wide and 35 feet long, lying on the south side of Salem Avenue, and shown on the "Right of Way Easement and Vacation Plat for The Roanoke Times," prepared by Caldwell White Associates, and dated August 22, 2001, be permanently vacated, discontinued and closed. Daniel F. Layman, Jr., Attorney. The ordinance failed for lack of five affirmative votes. File #227-514 o Public hearing on a request of the City of Roanoke to vacate a utility easement across four parcels of land along Second Street, S. W., identified as Official Tax Nos, 1011001-1011004, inclusive, in connection with the Times-World Corporation expansion. Darlene L. Burcham, City Manager. The matter was tabled until the next regular meeting of Council on Monday, November 5, 2001, at 2:00 p.m., or as soon thereafter as the matter may be heard in the Council Chamber, Mayor Smith voted no. File #28-227 Public hearing on a request of the City of Roanoke to amend Section 36.1-206, Permitted Uses, Section 36.1-227, Permitted Uses, and 36.1 - 249, Permitted Uses, Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, to provide for commercial printing establishments including newspapers, publications and other printed materials as permitted uses in the C-2, General Commercial District, C-3, Central Business District, and LM, Light Manufacturing District, of the City of Roanoke. Darlene L. Burcham, City Manager. Adopted Ordinance No. 35620-101801. Hudson was out of the Council Chamber.) File #24-51-227 (6-0, Council Member Public hearing on a request of the City Planning Commission to amend Section 36.1-723, Penalty_ for violations, Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, to revise penalties for violations of the Zoning Ordinance. D. Kent Chrisman, Chair. Adopted Ordinance No. 35621-101801. (7-0) File #24-51 Public hearing on a request of the City of Roanoke to amend Section 36.1-640, Appointment, membership, Division 2, Architectural Review Board, Article VII, Administration, Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, to eliminate certain qualifications for membership on the Architectural Review Board. Darlene L. Burcham, City Manager. The matter was tabled. File #24-51-110-249 Public hearing to consider the proposed renaming of Elmwood Park to honor the late Dr. Martin Luther King, Jr. No action was taken. File #67 16 Bo OTHER HEARING OF CITIZENS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. IT IS A TIME FOR CITIZENS TO SPEAK AND A TIME FOR COUNCIL TO LISTEN. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL' BE REFERRED IMMEDIATELY FOR ANY NECESSARY AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., expressed confusion with regard to the process that was followed in connection with the public hearing to name Elmwood Park in honor of the late Dr. Martin Luther King, Jr. She expressed concern that citizens were not formally advised of either the City Manager's recommendation as a result of the report of the committee that was appointed by the City Manager to study the matter, or the alternative proposal presented by Council Member Harris. File #66-67-132 Mr. Robert Gravely, 617 Hanover Avenue, N. W., expressed concern for a Roanoke City worker who was recently attacked by a citizen while performing his duties as a City employee. He referred to other alleged incidents that have threatened the personal safety of City workers while performing their duties. He advised that Dr. Martin Luther King, Jr., stood for peace and he represented all people, regardless of race; therefore, racism should not be an issue and suggested further study leading to a compromise recommendation to honor Dr. King's memory. File #66-67-184 Mr. Chris Craft, 1501 East Gate Avenue, N. E., expressed dissatisfaction with the actions of some Members of Council; i.e.: spending taxpayers' money to lease a building on Williamson Road to relocate the Social Services Department when the funds could be spent on increasing teacher salaries, equipment purchases, etc. He applauded Council for opening the lines of communication between Council Members and citizens at the end of the City Council meeting. File #66-72-132-467 Ms. Rosalie S. Motley, 2835 Cove Road, N. W., addressed Council in regard to Red Ribbon Week which will be observed on October 25 - 31, and was established in 1985 by the Virginia Federation of Community and Drug Free Youth. She invited the Members of Council to attend special activities at William Fleming High School on Wednesday, October 31, which are designed to promote a drug free life style by students. File #76-132-467 Mr. Kermit Shriver, 18 Mountain Avenue, S. W., expressed concern with regard to noise and safety issues as a result of emergency vehicles entering the City from the vicinity of Troutville, Buchanan, Daleville, etc. He requested that the City of Roanoke communicate with the above referenced localities to determine if vehicles can exit 1-581 and access the City via Williamson Road, proceeding through a traffic light at Albemarle Avenue to South Jefferson Street and enter the hospital complex at the foot of the bridge. Council Member Wyatt requested that the matter be referred to the City Manager to communicate with the localities. File #20-66-221 THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL FRIDAY, OCTOBER 19, 2001, AT 2:00 P.M., ON THE MEZZANINE OF THE ROANOKE CIVIC CENTER AUDITORIUM FOR A CONTINUATION OF CITY COUNCIL'S PLANNING RETREAT. IN THE COU~xlCIL OF THE CITY OF R ~ OANOKE, VIRGINIA, The 2nd day of July, 2001. No. 35455-070201. A RESOLUTION providing that the regular meeting of City Council scheduled to be held at 2:00 p.m. and 7:00 p.m., on Monday, October 15, 2001, shall be held at 2:00 p.m. and 7:00 p.m. on Thursday, October 18, 2001. BE IT RESOLVED by the Council of the City of Roanoke that: 1. Due to the Virginia Municipal League Annual Conference scheduled to be held on October 10 - 16, 2001, in Virginia Beach, Virginia, which a majority of the memb,¢rs of City Council desire to attend, the meeting of City Council regularly scheduled to be held at 2:00 p.m. and 7:00 p.m. on Monday, OctoberlS, 2001, is hereby rescheduled to be held on Thursday, October 18, 2001, at 2:00 p.m. and 7:00 p.m., such meeting to be in the Council Chamber~ of the Noel C. Taylor Municipal Building, at 215 Church Avenue, S.W. 2. The City Clerk is directed to cause a copy of this resolution to be posted adjacent to the door~ of the Council Chamber~ and inserted in a newspaper having general circulation in the City at least seven days prior to October I§, 2001. ATTEST: City Clerk. The Roanoke Times Roanoke, Virginia Affidavit of Publication RECEIVED The Roanoke Times CITY CLERKS OFFICE ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 01772205 IN THE COUNCIL OF State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. . Sworn and subscribed~before me this ~ day of Oct~ ~00~ W~ness/my hand and of~a'l se~__~_~ , Notary Public / / ~ My commission expires PUBLISHED ON: 10/07 TOTAL COST: 132.84 FILED ON: 10/10/01 ~)1 I]I]T 12 P2 Signature:__~.~3_~___~__~_~_, , Billing Services Representative Office of the Mayor CITY OF ROANOKE WHE~, the arts and humanities enhance and enrich the lives of all Americans; and the arts and humanities affect every aspect of life in America today including the economy, social problem solving, job creation, education, creativity, and community livability; and WHEREAS, cities and states, through their local and state arts agencies, representing more than 23, 000 cultural organizations, have joined with the National Cultural Alliance for the last seven years to celebrate the value and importance of culture in the lives of Americans and the health of thriving communities during National Arts and Humanities Month; and V,'HEItEAS, the United States Conference of Mayors' arts partner, Americans for the Arts, will coordinate the national awareness campaign and activities for National Arts and Humanities Month this year; and the nation's 23,000 cultural organizations, the National Endowment for the Arts, the National Endowment for the Humanities, the nation's 4, 000 local arts agencies, the arts tmd humanities councils of the 50 states and U. S. jurisdictions, and the President of the United States will be encouraged to participate in this national celebration and public awareness campaign; and WHEREAS, the month of October, 2001, has been designated as National Arts and Humanities Month NOW, THEREFORE, I, Ralph K. Smith, Mayor of the City of Roanoke, Virginia, do hereby proclaim the month of October, 2001, throughout this great All-America City, as NATIONAL ARTS AND HUMANITIES MONTH. Given under our hands and the Seal of the City of Roanoke this eighteenth day of October in the year two thousand and one. ~~ ,~ Mary F. Parker Ralph K. Smith City Clerk .~ Mayor 'Roanoke Citizen' Earns Awards "Roanoke Citizen," the city's quarterly magazine, was recognized on September 7 by the National "3CMA" (City/County Communications & Marketing Association) as the winner of their Silver Circle Award for Best Newsletter. Earlier this year, the magazine also won an "Addy" award for being the "Best Newsletter of the Year 2000" from the Advertising Federation of the Roanoke Valley. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk October 22, 2001 File #132 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35602-101801 amending and reordaining Rule 7, Order of business; hearing of citizens, and Rule 8, Petitions, communications and applications, of {}2-15, Rules of procedure, Code of the City of Roanoke (1979), as amended, and adding a new Rule 8A, Hearing of citizens on public matters, to {}2-15. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Thursday, October 18, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: The Honorable Richard C. Pattisall, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia The Honomb!e Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia N:\CKMHl~genda. Oi'~October 187 200l corrcspondenc .wpd Darlene L. Burcham October 22, 2001 Page 2 pc: The The The The The The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia Honorable Julian H. Raney, Jr., Chief Judge, General District Court Honorable George W. Harris, Jr., Judge, General District Court Honorable Vincent A. Lilley, Judge, General District Court Honorable William D. Broadhurst, Judge, General District Court Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court The Honorable Donald S. Caldwell, Commonwealth's Attorney Sheila N. Hartman, Assistant Deputy City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Peggy B. Stewart, Office of the Magistrate Michael R. Meise, Law Librarian H:XAgenda.01\October 18, 2001 correspondenc .wpd 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2001. No. 35602-101801 . AN ORDINANCE amending and reordaining Rule 7, Order of business; hearing of citizens, and Rule 8, Petitions, communications and applications, of §2-15, Rules of procedure, of the Code of the City of Roanoke (! 979), as amended, and adding a new Rule 8A, Hearing of citizens on public matters, to §2-15, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Rule 7, Order of business; hearing of citizens, and Rule 8, Petitions, communications and applications, of§2-15, Rules of procedure, of the Code of the C!ty of Roanoke (1979), as amended, is hereby amended and reordained as follows: §2-15. Rules of procedure. Pursuant to §8 of the Charter, providing for the determination of its rules by the Council, the following rules set out in this section are adopted. *** Rule 7. Order of business; hearing of citizens. In the ordinary transaction of business the following order shall be observed: (!) (2) (3) (4) Roll call and call to order. Presentations and acknowledgments by Council. Consent agenda. Advertised public hearings, if any (such heatings shall be scheduled for the second meeting each month, unless otherwise authorized by Council.) (5) Petitions and communications (presentations on behalf of groups or organizations permitted during this time, if approved by two members of Council or scheduled by the City Manager). (6) Reports of city officers. (7) Reports of committees. (8) Unfinished business. (9) Introduction and consideration of ordinances and resolutions. (10) Motions and miscellaneous business. (11) Comments of City Manager. (12) Hearing of citizens on public matters. The presidifig officer may place reasonable time limits on speakers during such time. Rule 8. Petitions, communications and applications. All petitions, communication or applications to the City Council at its official meetings shall be in writing. Rule 8A. Hearing of citizens. City Council sets aside a portion of its meeting time to hear citizens on public matters and invites and encourages citizens to address Council. Citizens who wish to address Council are requested to complete a "request to speak" form, provided by the city clerk, and shall conform to such guidelines for speakers as may be promulgated from time to time by Council. 2. In order to provide for the daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2001. No. 35603-101801. A RESOLUTION paying tribute to Allstate Insurance Company for 50 years of service in the Roanoke Valley. _. WHEREAS, Allstate Insurance Company was founded in 1931 as part of Sears, Roebuck and Company; and WHEREAS, the first Allstate facility in Roanoke opened on October 29, 1951 in the Carlton Terrace Building in downtown Roanoke; and WHEREAS, the company's growth necessitated relocation to a larger building on Brandon Avenue five years later and, after two renovations and additional employee growth, the Company moved to its current location on Route 419 in 1970; and WHEREAS, the Route 419 facility is called the National Support Center because the majority of the 1,200 employees who work there service customers and agents countrywide; in addition, there are more than 200 employees in other Allstate locations throughout Roanoke; and WHEREAS, Allstate Insurance Company has been ranked the ninth largest employer in the Roanoke Valley in 2001 by the Chamber of Commerce; and WHEREAS, the Company's commitment to the community has been demOnstrated through The Allstate Foundation, which was established in 1952 as an independent corporation that awards funds to nonprofit organizations that seek to improve the quality of life in communities across the country; and I:\Clc~rkh'-allslat~. 1 WHEREAS, Allstate Insurance Company has shown its civic commitment by supporting organizations/programs such as America's Promise, the American Red Cross, the LOA Agency on Aging, the March of Dimes, the American Cancer Society, the Juvenile Diabetes Foundation, the United Way of the Roanoke V. alley and the Roanoke Police Department's National Night Out; and WHEREAS, on October 29, 2001, Allstate Insurance Company will celebrate its 50th anniversary in the Roanoke Valley. THEREFORE, BE IT RESOLVED by Council of the City of Roanoke that: 1. Council adopts this resolution as a means of recognizing and commending Allstate Insurance Company for 50 years of outstanding service to the Roanoke Valley. 2. The City Clerk is directed to forward an attested copy of this resolution to Gerard F. McDermott, Support Center Vice President, Allstate Insurance Company. ATTEST: City Clerk I:\Clerk~r-allstate. I RALPH K. SMITH Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 October 11,2001 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Vice-Mayor Carder and Members of Council: The City of Roanoke has been invited to adopt a resolution of congratulations to Allstate Insurance Company on the occasion of its 50th Anniversary in the Roanoke Valley. Please join me in adoption of the attached resolution extending the best wishes of the "Star City". With kindest regards, I am Sincerely, Mayor RKS:MFP:sm N:\cksm l~Agenda. O l~AIIstate Resotution.wpd AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 23, 2001 RESOLUTION OF CONGRATULATIONS TO ALLSTATE INSURANCE COMPANY ON THE OCCASION OF ITS 50TH ANNIVERSARY IN THE ROANOKE VALLEY WHEREAS, Allstate Insurance Company was founded in 1931 as part of Sears, Roebuck and Company, being named after an automobile tire line that Sears carried at that time; and WHEREAS, the Allstate Insurance Company is celebrating its 70th anniversary in the United States, its 50th anniversary in the Roanoke Valley and its 31st anniversary in the County of Roanoke; and WHEREAS, Allstate Insurance Company is ranked the ninth largest employer in the Roanoke Valley by the Chamber of Commerce, employing over 1,400 employees in multiple County locations, including the National Support Center which services customers and agents countrywide; and WHEREAS, Allstate Insurance Company, lives up to its slogan "You're in Good Hands with Allstate," by service to the community through The Allstate Foundation, established in 1952 that awards grants to non-profit agencies seeking to improve the quality of life; and The Helping Hands Program which works with community groups to identify and address their most pressing needs; and WHEREAS, Allstate Insurance Company employees in the Roanoke Valley give of their time and talent through volunteer involvement in Junior Achievement, the West End Center, Boys and Girls Club, Meals on Wheels delivery, blood donor drives, and various other charitable organizations. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, offers its congratulations to Allstate Insurance Company on its 50th anniversary in the Roanoke Valley; and FURTHER, THE Board of Supervisors expresses it's deepest appreciation to Allstate for its leadership role of service to the community and for providing employment residents of the Roanoke Valley. MARY F. PARKER. CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us October 22, 2001 File #80-367 STEPHANIE M. MOON Deputy City Clerk Ms. Mary Anne Wilbourne 11403 Creekside Drive Richmond, Virginia 23233 Mr. Robert T. Pickett, III 27 Bolling Circle Palmyra, Virginia 22963 Dear Ms. Wilbourne and Mr. Pickett: I am enclosing copy of Resolution No. 35604-101801 memorializing your mother, the late Mary Chisholm Pickett, a resident of the Roanoke Valley since 1934 and the first woman elected to Roanoke City Council. The Members of Roanoke City Council send their deepest regrets and sorrow upon the passing of Mrs. Pickett who made many outstahding contributions to the life of the City of Roanoke. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Thursday, October 18, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure H:h~.genda.01\October 18, 2001 correspondenc .wpd THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2001. No. 35604-101801. A RESOLUTION memorializing the late Mary Chisholm Pickett, a resident of the Roanoke Valley since 1934. WHEREAS, the members of Council learned with sorrow of the passing of Ms. Pickett on Tuesday, September 25; and WHEREAS, Ms. Pickett was the first woman elected to Roanoke City Council and served as a member of Council from September 1953, through August 1960; and WHEREAS, Ms. Pickett spearheaded the founding of the City's Juvenile Detention Home at Coyner Springs, and worked to change the name of the City's facility for indigent elderly patients fi'om the "Poor House" to the City Nursing Home; and WHEREAS, Ms. Pickett was the City's official representative to the 1958 World's Fair in Belgium and Roanoke's Mother of the Year for Civic Affairs in 1959; and WHEREAS, Ms. Pickett was the recipient of numerous awards and citations, and gave her time and talent to many community and civic organizations; and WHEREAS, Ms. Pickett was a long-standing member of South Roanoke Methodist Church, where she served as President of Church Women United and was instrumental in that group's establishment of Bethany Hall, the first halfway house in the state for alcoholic women. H:',MEA SURESh'- pickett. 1 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Mary Chisholm Pickett, and extends to her family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Ms. Pickett's son, Robert T. Pickett III, of Palmyra, Virginia; and her daughter, Mary Anne Wilbourne, of Richmond, Virginia. ATTEST: City Clerk H:XMEASURESh'-pickett. i SPECIAL SESSION ...... ROANOKE CITY COUNCIL September 4, 2001 10:30 a.m. A joint meeting of Roanoke City Council and the Roanoke County Board of Supervisors was called to order on Tuesday, September 4, 2001, at 10:30 a.m., at the Fire Training Center, 1220 Kessler Mill Road, Salem, Virginia, for the purpose of recognizing the first Roanoke Valley Fire/EMS Recruiting School, with Mayor Ralph K. Smith and Board Chairman H. Odell Minnix presiding. ROANOKE CITY COUNCIL MEMBERS PRESENT: Council Members William D. Bestpitch, William White, Sr., and Mayor Ralph K. Smith ........................ 3. ABSENT: Council Members William H. Carder, C. Nelson Harris, W. Alvin Hudson, Jr., and Linda F. Wyatt ............................................................. -4. ROANOKE COUNTY BOARD OF SUPERVISORS PRESENT: Supervisors Joseph B. Church, Harry C. Nickens, Joseph P. McNamara and Chairman H. Odell Minnix ................................................................................................ -4. ABSENT: Supervisor Bob L. Johnson .................................................. 1. STAFF PRESENT: Representing Roanoke City: Darlene L. Burcham, City Manager; William M. Hackworth, CityAttorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk; representing Roanoke County: Elmer C. Hodge, County Administrator; John M. Chambliss, Jr., Assistant Administrator for Human Services; Paul M. Mahoney, County Attorney; and Mary H. Allen, Clerk to the Board of Supervisors. FIRE/EMS: Supervisor Church welcomed all guests, including administrative officials, staff and recruits. The meeting of Roanoke City Council was called pursuant to Section 10, Meetings of Council, of the Roanoke City Charter, and pursuant to the following communication from the City Manager: "August 31, 2001 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of City Council: Pursuant to Sec. 10, Meetings of Council, of the Charter of the City of Roanoke, I am calling a Special Meeting of Roanoke City Council on Tuesday, September 4, 2001, at 10:30 a.m., to be held atthe Roanoke Valley Regional Fire/EMS Training Center, 1220 Kessler Mill Road, Salem, Virginia, for the purpose of a joint briefing of Council and the Roanoke County Board of Supervisors regarding a proposed City-County cooperation agreement relating to the provision of fire and emergency medical services from the County's Clearbrook Station, and to respond to questions about the proposed agreement. Council will not be expected to take any action during the Special Meeting. Sincerely yours, S: Darlene L. Burcham Darlene L. Burcham City Manager DLB/ca C.' James D. Grisso, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk" Chairman Minnix expressed appreciation for the spirit of cooperation and willingness of the localities of the Roanoke Valley to work together which has existed for quite some time with regard to various projects that the localities have engaged in. Mayor Smith advised that this cooperative venture between the City of Roanoke, the County of Roanoke and City of Salem demonstrates the commitment of the local jurisdictions to improve the quality of service for its regional citizenry, in order to provide a more comprehensive approach to emergency services in the Roanoke Valley. City Manager Darlene Burcham advised that it is an important day for not only the FIRE/EMS recruits, but for the municipalities as well. She stated that the City of Roanoke, Roanoke County and the City of Salem comprise the Roanoke Valley and all representatives wish to serve the citizens of the Roanoke Valley in the best possible way. She added that she was proud to be a part of a ceremony that recognizes regional cooperation which is something that the citizens of the Roanoke Valley have wanted for some time and this occasion marks the beginning of other joint ventures. Roanoke County Administrator Elmer Hodge advised that this is a great day of potential for the Roanoke Valley. He congratulated Fire/EMS recruits and referred to other areas of regional cooperation that have existed in the Roanoke Valley during past years. Chief Richard E. Burch, J r. and Chief James Grigsbywelcomed all participants and congratulated the recruits. They discussed opportunities that are available to the localities as a result of combining resources to form a reciprocal agreement for Fire/EMS, and recognized the transition team and training recruits. There being no further business, the special joint meeting was adjourned at 11:10 a.m. ATTEST: APPROVED Mary F. Parker City Clerk Ralph K. Smith Mayor REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL September 4, 2001 12:15 p.m. The Council of the City of Roanoke met in regular session on Tuesday, September 4, 2001, at 12:15 p.m., the regular meeting hour, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetings, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members William D. Bestpitch, C. Nelson Harris, William White, Sr., Linda F. Wyatt and Mayor Ralph K. Smith ................................. 5. ABSENT: Council Members William H. Carder and W. Alvin Hudson, Jr.- ....... -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. 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. Bestpitch moved that Council concur in the request of the Mayor to convene in a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, Harris, White, Wyatt and Mayor Smith .... -5. NAYS: None ......................................................................................... -0. (Council Members Carder and Hudson were absent.) CITY PROPERTY-COUNCIL: A commUnication from the City Manager requesting that Council convene in a Closed Meeting to discuss a matter with regard to disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. Bestpitch moved that Council concur in the request of the City Manager to convene in a Closed Meeting to discuss a matter with regard to disposition of publicly-owned property, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.1-344 (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, Harris, White, Wyatt and Mayor Smith .... -5. NAYS: None ........................................................................................ -0. (Council Members Carder and Hudson were absent.) At 12:17 p.m., the Mayor declared the meeting in recess to be immediately reconvened in Room 159. The Council reconvened in the Emergency Operations Center Conference Room, Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., at 12:25 p.m., for a joint meeting of Council and Congressman Bob Goodlatte, with Mayor Smith presiding. PRESENT: Council Members William D. Bestpitch, William H. Carder, C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt, and Mayor Ralph K. Smith ................................................................................................. -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. OTHERS PRESENT: Peter S. Larkin, District Director for Congressman Goodlatte. Following lunch, the meeting reconvened at 12:50 p.m. Congressman Goodlatte called attention to success in obtaining funds for a transportation appropriation to construct a new garage and office facility for the Roanoke area for Dial A Ride, in the amount of $2 million. He advised that he has worked with representatives of the Roanoke Regional Airport to obtain $10 million from the Federal Aviation Administration for improvements, primarily to airport runways, and he will continue efforts to secure funds to construct a new air traffic control tower. He called attention to joint efforts with Congressman Frederick C. Boucher to provide local to local satellite television service to the smaller television markets, and referred to the Farm Bill which was successful in funding a rural utility service program that is a private program which provides loan guarantees, and the goal is to provide Channels 7, 10, 13 and the Fox Network with a satellite dish to serve this part of the state. He discussed continuing efforts to bring passenger rail service to southwest Virginia, and advised that working in conjunction with Congressman Boucher, last years' appropriation bill included language requiring AMTRAK to participate in a Virginia initiative in which several million dollars have been appropriated to improve rail lines in this area, and to begin to offer passenger rail service from Abington to Roanoke to Lynchburg to Richmond and to Washington, D. C. He referenced his efforts to provide support in terms of capital costs which are two-fold: (1) to require that AMTRAK participate in the project and (2) that AMTRAK make a contribution. He explained that AMTRAK's contribution should be defined and the intention is that AMTRAK will contribute locomotives and passenger rail cars, and an operating subsidy will be needed from the State. Over the long term, he advised that there will be a change in policy that will allow railroads to be improved for not only passenger rail service, but to make railroads more competitive overall. Council Member Bestpitch addressed the issue of renovation of the City's passenger rail station, the O. Winston Link Exhibit, and relocation of the information Center of the Roanoke Valley Convention and Visitors Bureau to the former passenger rail station. He stated that if passenger rail service could be restored at about the same time that the renovations are completed, an excellent addition would be provided to the Star City. Congressman Goodlatte advised that some time ago, he was successful in obtaining a $500,000.00 appropriation from Congress and he will look for other ways to be helpful as the project progresses. He added that the State has appropriated approximately $9 million in preparing infrastructure for passenger rail service. 3 The City Manager advised that the O. Winston Link collection and passenger rail service are two issues that appear to be totally separate, but are related because the O. Winston Link Collection will bring much attention to the City of Roanoke and generate numerous visitors who are railroad enthusiasts. She stated that she was aware of Congressman Goodlatte's interest in the future of Virginia Tech and its goal of being one of the major research universities in the country, and referred to a recent remark by a Virginia Tech official who stated that passenger rail service would be an asset to the university; therefore, she stated that passenger rail service has many implications for Roanoke as a community from an economic development perspective and a tourism perspective. She advised that if there is anything the City of Roanoke can do, in concert with Virginia Tech, to promote the kind of unique activity that passenger rail service will represent, the City would welcome Congressman Goodlatte's suggestions. She stated that the link between Virginia Tech and the City of Roanoke is key to the City's future. Congressman Goodlatte expressed excitement regarding downtown housing, renovation of the General Office Building South and advised that he will work closely with the Roanoke Redevelopment and Housing Authority on funding issues. He called attention to exciting changes taking place in Lincoln Terrace by developing the area into attractive on street housing instead of the campus type of environment that previously existed. He advised that he is working with the Roanoke City School System on problems it has encountered regarding background checks for prospective employees, and he is waiting for a response from the FBI on the issue. He explained that the School Board believes there is a problem with the FBI system in terms of the timeliness of reporting information. He called attention to the tax relief measure that passed Congress earlier this year that includes major improvements to Deferred Compensation Retirement Plans of all types, with incentives for improvements to education savings accounts. He stated that he continues to follow the State's decision in regard to 1-73 in view of concerns that were expressed regarding the selected route and will continue to work with the State Board of Transportation and the Virginia Department of Transportation to resolve concerns to ensure more and improved transportation connections from Roanoke to the south in order to minimize the impact and to provide citizens with an opportunity to be heard on the issue. He noted that the Federal Highway Administration must approve the plan approved by the State. He advised that he shares a common interest with the Mayor in promoting the use of technology to make Roanoke a better place to live, to create more jobs and to insure that the Roanoke area has the necessary technology to be competitive in the marketplace in the future. Council Member Wyatt concurred in Congressman Goodlatte's remarks regarding technology; however, she stated that one of the key factors in attracting technology to the area is to have a computer literate citizenry. She spoke to the need of having computers in the classroom so that children may become computer literate at an early age in order to become the kind of employees that high tech companies are looking for. Congressman Goodlatte responded that he would work with the City as he worked with the West End Center to upgrade computer equipment. He referred to the Bill and Melinda Gates Foundation Grants and advised that he would be pleased to work with the City to pursue funding. He suggested that Randy Frazier address either City Council or the School Board with regard to assistance rendered by his company to countries all over the world in regard to reconditioning older computers. The City Manager advised that as a largely developed community, the City of Roanoke is faced with the condition of brownfields as opposed to greenfields when attempting to attract new businesses as well as expanding existing businesses. She stated that the City is about the business of redeveloping a significant amount of acreage in the South Jefferson Street area which will be the first of several redevelopment activities that the City of Roanoke will undergo in future years. She stated that in order to remain competitive, it is an area that the City will have to remain vigilant on; therefore, it is hoped that Congressman Goodlatte and his staff will remember Roanoke whenever a brownfield piece of legislation is introduced, when there is an opportunity for grants or pilot projects in those areas, or redirection of certain incentives and activities to attract projects to those areas where infrastructure already exists, rather than spending considerable sums of money for businesses to locate in areas outside of urban communities, thus necessitating that services be taken to the businesses. She added that the issue will be of concern to the City for many years to come, not only as it relates to the South Jefferson Street project, but numerous other projects. The Mayor spoke to the competitiveness of the airlines servicing the Roanoke Valley and noted that action needs to be taken to create more flights and more competitive airline rates. Congressman Goodlatte advised that he has been supportive of the airport in terms of infrastructure, repaving of runways, the air traffic control tower and he will continue to work with the City and airport personnel on airport issues. He stated that he has been interested in attracting as many carriers to the Roanoke area as possible and the key is lower costs. He noted that Congress has moved away from direct subsidies of passenger tickets. There being no further business, the Mayor expressed appreciation to Congressman Goodlatte for meeting with the Members of Council, and declared the meeting in recess at 1:40 p.m., to be reconvened in the City Council Chamber at 2:00 p.m. At 2:00 p.m., on Tuesday, September 4, 2001, 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 D. Bestpitch, William H. Carder (arrived at 3:00 p.m.), C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt and Mayor Ralph K. Smith ............................................................. 7. ABSENT:None ...................................................................................... ~. 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 Richard Geoghegan, Pastor, Cave Spring United Methodist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. PRESENTATIONS: PROCLAMATIONS-UNITED WAY: The Mayor presented a proclamation declaring September 6 - 8, 2001, as "United Way - Days of Caring" in the City of Roanoke. PROCLAMATIONS: The Mayor presented a proclamation declaring Thursday, September 20, 2001, as Southwest Virginia "Light The Night" Day, and the month of September 2001 as Leukemia & Lymphoma Awareness Month in the City of Roanoke. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. MINUTES: Minutes of the regular meetings of Council held on Monday, August 20, 2001, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) Mr. Harris moved that the reading of the Minutes be dispensed with and that the Minutes be approved as recorded. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Harris, Hudson, White, Wyatt and Mayor Smith .............................................................................................. -6. NAYS: None ........................................................................................ -0. (Vice-Mayor Carder had not arrived at the meeting.) COMMITTEES-COMMUNITY PLANNING: A communication from the Honorable Donald S. Caldwell, Commonwealth's Attorney, tendering his resignation as a member of the Roanoke Valley-Allegheny Regional Commission, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris moved that the communication be received and filed and that the resignation be accepted. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Harris, Hudson, White, Wyatt and Mayor Smith .............................................................................................. -6. NAYS: None ....................................................................................... -0. (Vice-Mayor Carder had not arrived at the meeting.) EASEMENTS-CITY PROPERTY-CABLE TELEVISION: A communication from the City Manager advising that pursuant to requirements of §§15.2-1800(B) and 15.2-1813, Code of Virginia (1950), as amended, the City of Roanoke is required to hold a public hearing on the proposed conveyance of property rights, and requesting that a public hearing be advertised for Monday, September 17, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard in the City Council Chamber, in connection with granting an easement across City-owned property to CoxCom, Inc., d/b/a Cox Communications Roanoke (Cox Communications), for the purpose of constructing, owning, and operating a communications line, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris moved that Council concur in the request of the City Manager. The motion was seconded by Mr. Bestpitch and adopted by the following vote: 7 AYES: Council Members Bestpitch, Harris, Hudson, White, Wyatt and Mayor Smith .............................................................................................. -6. NAYS: None ................................................................................... -0. (Vice-Mayor Carder had not arrived at the meeting.) EASEMENTS: A communication from the City Manager advising that pursuant to requirements of §§15.2-2270, Code of Virginia (1950), as amended, the City of Roanoke is required to hold a public hearing on the proposed vacation of a public easement, and requesting that a public hearing be advertised for Monday, September 17, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard in the City Council Chamber, in connection with the proposed vacation of a public easement on Churchill Drive, N. W., was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris moved that Council concur in the request of the City Manager. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Harris, Hudson, White, Wyatt and Mayor Smith .............................................................................................. -6. NAYS: None ........................................................................................ -0. (Vice-Mayor Carder had not arrived at the meeting.) CITY CLERK-COMMITTEES-INDUSTRIES: A communication from the City Clerk advising of the resignation of Thomas Pettigrew as a member of the Industrial Development Authority, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris moved that Council receive and file the communication and accept the resignation. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Harris, Hudson, White, Wyatt and Mayor Smith .............................................................................................. -6. NAYS: None .............................................. , ........................................... -0. (Vice-Mayor Carder had not arrived at the meeting.) GREENWAY SYSTEM-LIBRARIES-OATHS OF OFFICE-COMMITTEES: The following reports of qualification were before Council: Brian M. Shepard as a member of the Roanoke Valley Greenways Commission for a term ending June 30, 2004; Barry W. Baird as a member of the Roanoke Valley Greenways Commission for a term ending June 30, 2002; and Herbert D. McBride as a member of the Roanoke Public Library Board for a term ending June 30, 2004. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mr. Harris moved that the reports of qualification be received and filed. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Harris, Hudson, White, Wyatt and Mayor Smith .............................................................................................. -6. NAYS: None .................................................................................... --0. (Vice-Mayor Carder had not arrived at the meeting.) REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: ECONOMIC DEVELOPMENT-VIRGINIA'S FIRST REGIONAL FACILITY AUTHORITY: A communication from Council Member William D. Bestpitch, City of Roanoke Representative to Virginia's First Regional Industrial Facility Authority, advising that pursuant to Agreement dated September 1, 1998, the City of Roanoke became one of the initial members of Virginia's First Regional Industrial Facility Authority which was created to enhance the economic base for member localities by developing, owning, and/or operating one or more facilities on a cooperative basis; by agreement dated October 14, 1999, the City of Roanoke, together with certain other member localities, entered into a Participation Agreement for the Authority's first project known as the New River Valley Commerce Park Project to be located in Pulaski County, Virginia; and the Project is in the process of being developed, but the Authority has been requested by lenders to provide for project based financing for projects undertaken by the Authority, was before Council. It was further advised that Wythe County has requested to withdraw from the Project since it intends to pursue its own economic development efforts in Wythe County; the Authority has agreed to allow Wythe County to withdraw and to make its shares available to other participants in accordance with the Participation Agreement; counsel for the Authority has prepared an Agreement for Project Based Financing by the Authority and an amendment to the Participation Agreement to allow withdrawal of Wythe County; and counsel for the Authority has requested that the appropriate jurisdictions approve execution of the documents to enable the Authority to proceed with appropriate financing for the Project and to allow Wythe County to withdraw from the Participation Agreement. Council Member Bestpitch recommended that Council approve provisions of the Agreement for Project Based Financing by Virginia's First Regional Industrial Facility Authority and amendment to the New River Valley Commerce Park Project Participation Agreement. (For full text, see communication on file in the City Clerk's Office.) Mr. Bestpitch offered the following emergency ordinance: (#35541-090401) AN ORDINANCE authorizing an Agreement for Project Financing by Virginia's First Regional Industrial Facility Authority (Authority); authorizing the Mayor and the City Clerk to execute such Agreement; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 65.) Mr. Bestpitch moved the adoption of Ordinance No. 35541-090401. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, Harris, Hudson, White, Wyatt and Mayor Smith .............................................................................................. -6. NAYS: None ....................................................................................... -0. (Vice-Mayor Carder had not arrived at the meeting.) Mr. Bestpitch offered the following emergency ordinance: (#35542-090401) AN ORDINANCE approving an Amendment to the New River Valley Commerce Park Project Participation Agreement; authorizing the Mayor and the City Clerk to execute such Amendment; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 65.) ]0 Mr. Bestpitch moved the adoption of Ordinance No. 35542-090401. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, Harris, Hudson, White, Wyatt and Mayor Smith .............................................................................................. -6. NAYS: None ..................................................................................... -0. (Vice-Mayor Carder had not arrived at the meeting.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: PARKS AND RECREATION-EQUIPMENT: The City Manager submitted a communication advising that certain ballfield lighting replacement consists of replacement of the existing lighting system for seven City park softball/baseball fields (Huff Lane Park - Fields 1 and 2, Strauss Park, Westside Ballfield - Field 1, Garden City Park, Norwich Park, Jackson Park and Preston Park); and Hager Electric, LLC, submitted the Iow bid, in the amount of $436,281.48 (which consists of $429,499.00 for the Base Bid and $6,782.48 for Additive Bid Item No. 1 for installation of the lighting system and equipment at Preston Park - Field 2). The City Manager recommended that Council accept the bid and authorize execution of a contract with Hager Electric, LLC, in the amount of $436,281.48, with 170 consecutive calendar days of contract time, and reject all other bids received by the City. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris offered the following emergency ordinance: (#35543-090401) AN ORDINANCE accepting the bid of Hager Electric, LLC, for ballfield lighting replacement at Huff Lane Park - Fields I and 2, Strauss Park, Westside Ballfield - Field I, Garden City Park, Norwich Park, Jackson Park and Preston Park, 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. 65.) ]! Mr. Harris moved the adoption of Ordinance No. 35543-090401. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Harris, Hudson, White, Wyatt and Mayor Smith .............................................................................................. -6. NAYS: None .......................................................................................... -0. (Vice-Mayor Carder had not arrived at the meeting.) Upon completion of the projects, Council Member White requested that the City Manager contact the appropriate neighborhood organizations to provide information on ballfield lighting improvements. BUDGET-HOUSING AND NEIGHBORHOOD SERVICES: The City Manager submitted a communication advising that in May, 2001, a new Department of Housing and Neighborhood Services was established in response to various neighborhood concerns; the new department's budget was established in July, 2001, and operations for housing, building maintenance code, and weeds were transferred to the new department; since that time, additional changes to improve code enforcement have been pursued; specifically, inspection operations forzoning and junk cars are recommended to be transferred to the new department to facilitate cross training for inspectors and improved efficiency in the field; and to accomplish this administrative change, funds allocated for these operations need to be transferred from the Department of Planning Building and Development budget to the Department of Housing and Neighborhood Services budget, to cover personnel and operating costs. It was further advised that another improvement in code enforcement is recommended; i. e.: currently, three building maintenance code inspectors and a clerical position are funded from the Housing and Urban Development (HUD), Community Development Block Grant (CDBG) budget; this funding method limits the effectiveness of inspectors since they can only inspect properties in areas approved by HUD as areas of predominately Iow and moderate income; Council was advised during fiscal year 2001-02 budget study that these positions would be funded in the General Fund during fiscal year 2002-03; however, funding of these positions in the General Fund is now being recommended to allow inspectors to be used more effectively in inspecting all properties and not just those in areas of predominately Iow and moderate income; the proposed change is being made in concert with changes previously discussed to allow maximum flexibility, cross training, and productivity of inspection personnel in enforcing various City codes; and $150,143.00 in CDBG funds previously appropriated for Code Enforcement will be made available for other CDBG-eligible activities during the current year or carried over to the next budget cycle. The City Manager recommended that Council approve the following appropriations: Transfer funds totaling $169,562.00 from the Department of Planning Building and Development to the Department of Housing and Neighborhood Services for four zoning inspector positions and related operating expense; Transfer funds totaling $80,996.00 from Contingency Account No. 001-300-9410-2199 to Department of Housing and Neighborhood Services; Increase the revenue estimate in State Aid to be received for libraries by $69,147.00 due to aid to be received in excess of the original estimate; and appropriate this amount to accounts to be designated by the Director of Finance for the Department of Housing and Neighborhood Services. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#35544-090401) AN ORDINANCE to amend and reordain certain sections of the 2001-2002 General and Grant Funds Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 65.) Mr. Harris moved the adoption of Ordinance No. 35544-090401. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Harris, Hudson, White, Wyatt and Mayor Smith .............................................................................................. -6. NAYS: None ..................................................................................... -0. (Vice-Mayor Carder had not arrived at the meeting.) BUDGET-GRANTS-ARTS COUNCIL OF ROANOKE VALLEY-ROANOKE SYMPHONY ORCHESTRA-MILL MOUNTAIN THEATRE-OPERA ROANOKE: The City Manager submitted a communication advising that notification has been received from the Commonwealth of Virginia Commission for the Arts that a $5,000.00 Local Government Challenge Grant has been awarded to the City of Roanoke; application for the grant was made at the request of the Arts Council of Roanoke Valley, Roanoke Symphony Orchestra, Mill Mountain Theatre, and Opera Roanoke; in order to receive funds, the Commission for the Arts must obtain written confirmation that local tax revenue dollars will be used to match or exceed the amount of the grant; and for fiscal year 2001-02, the above listed organizations will receive local tax dollar funding through the Cultural Services Committee in the following amounts: · Arts Council of Roanoke Valley $11,500.00 · Roanoke Symphony Orchestra 21,500.00 · Mill Mountain Theatre 9,500.00 · Opera Roanoke 6,272.00 The City Manager recommended that Council adopt a resolution authorizing acceptance of the grant, appropriate funds to an account to be established by the Director of Finance in the Grant Fund entitled, "Challenge Grant FY 02", and establish a revenue estimate of $5,000.00, with grant funds to be distributed to the four sponsoring agencies in the amount of $1,250.00 each. (For full text, see communication on file in the City Clerk's Office.) Mr. Bestpitch offered the following emergency budget ordinance: (#35545-090401) AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 65.) Mr. Bestpitch moved the adoption of Ordinance No. 35545-090401. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, Harris, Hudson, White, Wyatt and Mayor Smith .............................................................................................. -6. NAYS: None ........................................................................................ -0. (Vice-Mayor Carder had not arrived at the meeting.) Mr. Bestpitch offered the following resolution: (#35546-090401) A RESOLUTION authorizing the acceptance of a Local Government Challenge Grant from the Virginia Commission for the Arts, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 65.) Mr. Bestpitch moved the adoption of Resolution No. 35546-090401. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, Harris, Hudson, White, Wyatt and Mayor Smith .............................................................................................. -6. NAYS: None ...................................................................................... -0. (Vice-Mayor Carder had not arrived at the meeting.) BUDGET-PUBLIC WORKS: The City Manager submitted a communication advising that the Public Works Service Center project consists of pressure cleaning of the present standing seam metal roof, installation of insulation and a new 60 mil EPDM adhered roof membrane which is the last area of the Public Works Service Center to be re-roofed; and Consolidated Industrial Roofing, Inc., submitted the Iow bid in the amount of $83,750.00. The City Manager recommended that Council accept the bid and authorize execution of a contract with Consolidated Industrial Roofing, Inc. in the amount of $83,750.00, with 60 consecutive calendar days of contract time; reject all other bids received by the City; and transfer $88,000.00 from Facilities Management Account No. 001-440-4330-3057 to a new capital account entitled, "Public Works Service Center New Roof Level 4". (For full text, see communication on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#35547-090401) AN ORDINANCE to amend and reordain certain sections of the 2001-2002 General and Capital Projects Funds Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 65.) Mr. Harris moved the adoption of Ordinance No. 35547-090401. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Harris, Hudson, White, Wyatt and Mayor Smith .............................................................................................. -6. NAYS: None ....................................................................................... -0. (Vice-Mayor Carder had not arrived at the meeting.) 15 Mr. Harris offered the following emergency ordinance: (#35548-090401) AN ORDINANCE accepting the bid of Consolidated Industrial Roofing, Inc., for the pressure cleaning of the present standing seam metal roof, the installation of insulation and a new 60 mil EPDM adhered roof membrane at the Public Works Service Center (Roof Level 4, Phase 3), 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. 65.) Mr. Harris moved the adoption of Ordinance No. 35548-090401. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Harris, Hudson, White, Wyatt and Mayor Smith .............................................................................................. -6. NAYS: None .................................................................................... -0. (Vice-Mayor Carder had not arrived at the meeting.) BUDGET-SEWERS AND STORM DRAINS: The City Manager submitted a communication advising that there is an existing drainage easement located at the back of properties in the 1100 and 1200 blocks of Trevino Drive that was created with the Monterey Hills Subdivision Map dated July 21, 1972; the drainage easement began as a small ditch, however, due to years of erosion, the ditch is now five to six feet in depth and continues to increase in size; construction plans have been completed to install approximately 1,160 feet of gabion baskets and place rip rap on the bottom of the channel beginning at 1121 Trevino Drive and ending at 1247 Trevino Drive; and Merle Callinder, t/a Callinder's General Construction, submitted the Iow bid for the project, in the amount of $167,901.80. The City Manager recommended that Council accept the bid and authorize execution of a contract with Merle Callinder, t/a Callinder's General Construction, in the amount of $167,901.80, with 120 consecutive calendar days to complete the project; reject all other bids received by the City; and transfer $155,207.00 from Public Improvement Bond Series 1996, Account No. 008-052-9701-9176, and $37,893.00 from Public Improvement Bond Series 1999, Account No. 008-052-9709- 9176, to an account to be established by the Director of Finance entitled, "Trevino Drive Storm Drainage Project". (For full text, see communication on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#35549-090401) AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 65.) Mr. Harris moved the adoption of Ordinance No. 35549-090401. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Harris, Hudson, White, Wyatt and Mayor Smith ............................................................................................... 6. NAYS: None ........................................................................................ -0. (Vice-Mayor Carder had not arrived at the meeting.) Mr. Harris offered the following emergency ordinance: (#35550-090401) AN ORDINANCE accepting the bid of Merle Callinder, t/a Callinder's General Construction, for the installation of approximately 1,160 feet of gabion baskets and to place rip rap on the bottom of the channel beginning at 1121 Trevino Drive and ending at 1247 Trevino Drive for the Trevino Drive Storm Drainage 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. 65.) Mr. Harris moved the adoption of Ordinance No. 35550-090401. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Harris, Hudson, White, Wyatt and Mayor Smith .............................................................................................. -6. NAYS: None ....................................................................................... ---0. (Vice-Mayor Carder had not arrived at the meeting.) ]7 BUDGET-INDUSTRIES: The City Manager submitted a communication advising that the amount of $187,979.00 was appropriated as a receivable from VDOT Industrial Access funds to Account No. 008-052-9632 for the Roanoke Centre for Industry and Technology (RClT) Infrastructure Extension project; since the appropriation, the above referenced project has been completed, and total funds received were $162,839.25, therefore, remaining funds must be de-appropriated. The City Manager recommended that Council de-appropriate $25,140.00 in Account No. 008-052-9632 and reduce associated accounts receivable by the Same. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#35551-090401) AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 65.) Mr. Harris moved the adoption of Ordinance No. 35551-090401. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Harris, Hudson, White, Wyatt and Mayor Smith .............................................................................................. -6. NAYS: None ................................................................................... -0. (Vice-Mayor Carder had not arrived at the meeting.) BUDGET-ROANOKE CIVIC CENTER: The City Manager submitted a communication advising that several improvements are needed to existing Civic Center facilities which will also address issues in the Arena License Agreement with Arena Ventures, LLC to accommodate the Roanoke Dazzle; the Civic Center Expansion and Renovation Project includes office space, locker room renovations, lighting improvements, weight room, meeting rooms and basketball floor; total project cost for all needed improvements is approximately $3 million, which will be funded through the sale of General Obligation Public Improvement Bonds; following public advertisement, the City received qualification proposals from four architectural firms; and Rosser International, Inc., was selected as the best qualified to provide design services for proposed improvements. It was further advised that City staff has negotiated an agreement for the above work with Rosser International, Inc. for a lump sum fee not to exceed $262,500.00; funding for the agreement is available in Civic Center Capital Outlay, Account No. 005-550-2108-9015; funding in the total amount of $285,000.00 is needed for the project; and additional funding in excess of the contract amount is needed to support advertising expenses, testing and other unforeseen project expenses. The City Manager recommended that she be authorized to execute a Contract for Consultant Services with Rosser International, Inc. in the amount of $262,500.00; that Council appropriate $285,000.00 from Civic Center Capital Outlay, Account No. 005-550-2108-9015, to a new capital account entitled, "Civic Center Expansion and Renovation - Phase I"; and that Council adopt a resolution indicating the City's intent to reimburse itself from the proceeds of General Obligation Public Improvement Bonds to be issued in the future. (For full text, see communication on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#35552-090401) AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Civic Center Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 65.) Mr. Hudson moved the adoption of Ordinance No. 35552-090401. The motion was seconded by Mr. Harris. The Mayor expressed concern with regard to past services rendered by Rosser International on behalf of the City related to Victory Stadium. He stated that engaging the services of Rosser International for this project could set the stage for the company to serve as the City's consultant when it goes to bid for the stadium/amphitheater project. Inasmuch as emergency measures require five affirmative votes of the Council to pass, Ordinance No. 35552 was lost by the following vote: AYES: Council Members Bestpitch, Harris, White and Wyatt ........................ -4. NAYS: Council Members Hudson and Mayor Smith ..................................... -2. (Vice-Mayor Carder had not arrived at the meeting.) Mr. Harris moved for a reconsideration of Ordinance No. 35552. The motion was seconded by Mr. Bestpitch and adopted, Mayor Smith voted no. Mr. Harris moved that the following ordinance be placed upon its first reading: (#35552) AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Civic Center Fund Appropriations. The motion was seconded by Mr. Bestpitch and adopted bythe following vote: AYES: Council Members Bestpitch, Harris, White and Wyatt ........................ -4. NAYS: Council Member Hudson and Mayor Smith ....................................... -2. (Vice-Mayor Carder had not arrived at the meeting.) Later during the meeting and following the arrival of Vice-Mayor Carder at approximately 3:00 p.m., Mr. Harris moved for a reconsideration of Ordinance No. 35552. The motion was seconded by Mr. Bestpitch and unanimously adopted. Mr. Harris offered the following ordinance as an emergency measure: (#35552-090401) AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Civic Center Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 65.) Mr. Harris moved the adoption of Ordinance No. 35552-090401. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, White and Wyatt ............. 5. NAYS: Council Member Hudson and Mayor Smith ....................................... -2. Mr. Harris offered the following resolution: (#35553-090401) A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Resolution No. 35373-060401, adopted June 4, 2001, for certain expenditures to be made in connection with proposed capital improvements to the Roanoke Civic Center; and providing for an effective date. (For full text of Resolution, see Resolution Book No. 65.) Mr. Harris moved the adoption of Resolution No. 35553-090401. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Harris, Hudson, White, Wyatt and Mayor Smith .............................................................................................. -6. NAYS: None ...................................................................................... -0. (Vice-Mayor Carder had not arrived at the meeting.) Mr. Harris offered the following resolution: (#35554-090401) A RESOLUTION authorizing a contract with Rosser International, Inc., for engineering services for the design and development of construction documents and related work for Phase I of the Civic Center Expansion and Renovation Project. (For full text of Resolution, see Resolution Book No. 65.) Mr. Harris moved the adoption of Resolution No. 35554-090401. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Harris, Hudson, White and Wyatt ........... 5. NAYS: Mayor Smith ................................................................................ 1. (Vice-Mayor Carder had not arrived at the meeting.) GREENWAY SYSTEM-WESTERN VIRGINIA LAND TRUST-ENVIRONMENTAL POLICY-READ MOUNTAIN PRESERVATION: The City Manager submitted a communication advising that at Council's meeting on August 20, 2001, Dr. William N. Gordge addressed Council on behalf of the Read Mountain Alliance and advised that Read Mountain is a prominent Roanoke Valley landmark that included undeveloped pristine forest; in addition to its scenic beauty, Read Mountain provides diverse recreational opportunities and potential regional greenway connections; and requested that the City of Roanoke join with other localities in supporting efforts to preserve Read Mountain. It was further advised that In 1999, the City of Roanoke purchased approximately 56 acres of land at the base of Read Mountain for expansion of the Roanoke Centre for Industry and Technology (RClT) (Oppenheimer property); when developed, this property will be graded in accordance with a proffered development plan that provides for landscape buffering and retention of vegetation between the proposed industrial sites and the residential areas along Read Mountain Road; City staff has discussed goals of the Read Mountain Alliance and plans for expansion of RCIT with Ron Crawford, sponsor and leader of the Read Mountain Alliance, who indicates that his interest is in protecting the top of the mountain and plans for the RCIT would not be adversely affected by preservation efforts; and he would like to pursue a greenway connection from Read Mountain to the RClT and the Tinker Creek Greenway in the future. It was explained that City staff inquired of Mr. Crawford as to support of Read Mountain property owners regarding preservation efforts, and were advised that of the 15 major property owners on the mountain, 12 property owners are supportive, including three primary property owners on the mountaintop; staff spoke with the Botetourt County Administrator and an Assistant Roanoke County Administrator regarding the City's interest in supporting the preservation efforts for Read Mountain, both of whom welcomed the City's interest and expressed support of preservation efforts as set forth in resolutions adopted by their localities. The City Manager recommended that Council adopt a resolution supporting the preservation of Read Mountain and efforts of the Read Mountain Alliance. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#35555-090401) A RESOLUTION expressing the support of City Council for the efforts of the Read Mountain Alliance to enhance and preserve Read Mountain. (For full text of Resolution, see Resolution Book No. 65.) Mr. Harris moved the adoption of Resolution No. 35555-090401. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Harris, Hudson, White, Wyatt and Mayor Smith .............................................................................................. -6. NAYS: None .................................................................................... -0. (Vice-Mayor Carder had not arrived at the meeting.) At this point, Vice-Mayor Carder entered the meeting. BUDGET-CMERP: The City Manager submitted a communication advising that Section 2-189 of the City Code establishes a reserve from the year-end General Fund balance for the funding of capital improvements and capital maintenance and equipment replacement; the amount reserved from the undesignated fund balance is calculated as ten per cent of total General Fund appropriations, less any sums paid for General Fund debt service during the fiscal year; the Fiscal Year 2000-01 General Fund balance designated for CMERP is $5,454,530.00; and in addition, $116,400.00 remains unspent from the Fiscal Year 1999-00 CMERP, resulting in a total of $5,570,930.00 available for appropriation. It was further advised that the recommended CMERP spending plan addresses a number of key organization requirements: Vehicular equipment replacement and acquisition necessary to facilitate the effective implementation of recent service delivery changes in Solid Waste Management, including an expanded recycling program; Capital improvements and vehicular equipment needed in support of realignment of service delivery responsibilities in the departments of Parks and Grounds Maintenance and Streets and Traffic to provide services more effectively and efficiently; Implementation of the Police Take-Home Vehicle Program as discussed with Council during the fiscal year 2001-02 budget development process; Provision of necessary employee safety equipment in the Fire-EMS Department and acquisition of more sophisticated equipment to enhance emergency medical service and firefighting capabilities; Paving of all streets in priority category "A",'a total of 68 lane-miles of streets; Acquisition of specialized equipment necessaryto adequately maintain greenways; Funding of critical facilities maintenance requirements determined through the Building Assessment Program; Provision of additional funding to "cash fund" priority capital improvements to the extent possible in lieu of long-term debt financing; and Lease financing of office furnishings for the new Human Services building in lieu of cash funding to more closely align with the likely timeframe in which the Commonwealth of Virginia would partially reimburse these expenses. Appropriation for the lease payment will take place in a later report to Council. The City Manager recommended that Council concur in CMERP funding recommendations totaling $5,570,930.00, appropriate $3,082,459.00 to certain specified accounts, and transfer $216,800.00 in the Police Building Capital Project Fund Account (008-052-9563-9035) to capital accounts to be established by the Director of Finance. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#35556-090401) AN ORDINANCE to amend and reordain certain sections of the 2001-2002 General, Transportation, Capital Projects, Fleet Management, and Grant Funds Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 65.) Mr. Harris moved the adoption of Ordinance No. 35556-090401. The motion was seconded by Mr. Bestpitch. Mr. Hudson advised that on August 20, when the Director of Finance presented the City's unaudited year end fund balance, he was both pleased and concerned with the amount of undesignated funds; however, he was shocked when only three days later, he received a communication from the City Manager setting forth proposed uses for the City's portion of the undesignated fund balance. He added that in years past, several months have passed before Council receives requests from the City Manager for equipment purchases, etc. He expressed concern with regard to the expenditure of $50,000.00 to hire a consultant to study space needs for Municipal North following relocation of the Social Services Department to its new offices at the former Sears building on Williamson Road, especially in view of the fact that the City has in house engineers who can perform the task. He also expressed concern with regard to the expenditure of the funds before the final audit is completed and spoke in support of reserving a portion of the money for a "rainy day" fund. He stated that some of the equipment referred to in the City Manager's communication is needed and he would support the City Manager's recommendation because the communication is worded in such a way that those items cannot be voted on separately by Council. In clarification, the Director of Finance advised that the City Manager's communication provides for appropriation, but not expenditure of the funds. He stated that over $3 million in the year end fund balance was derived from unexpended appropriations from last fiscal year and approximately $2 million in excess revenue collections. He pointed out that the figures are unaudited at this time, however, the audit should be completed on or about October 15. He advised that approximately $800,000.00 is included in the appropriation that is not specifically designated to be spent and was established for cash funding of capital projects and those funds will not be released or encumbered until the audit has been completed. He stated that the City administration began working on the priority capital equipment needs list shortly after Council adopted the City's annual operating budget in May. He added that by appropriating the entire balance today, only those items that the City Manager does not have authority to obligate the City will be submitted to Council for approval at a later date, and smaller items will be addressed by the City Manager in the routine manner. Mr. Hudson reiterated his request for information on a cost break down on implementation of the new solid waste collection program. Council Members White and Bestpitch advised that the equipment referenced in the City Manager's communication is needed in order for City government to operate efficiently; and the City Manager's proposed action is a step forward, rather than appropriating funds at different times throughout the fiscal year. They stated that major items on the proposed list were discussed by Council throughout the budget planning process, the City's list of needs is much longer than it has available funds, and the City Manager's recommendation appears to be an increase in efficiency and effectiveness for City government. The City Manager advised of her goal to submit a budget to Council in fiscal year 2002-03 and future budgets that establishes a specific amount of funds to be designated for needed capital costs in lieu of a Capital Maintenance and Equipment Replacement Program. She stated that it is true that the recommendation is submitted to Council several months earlier this year than in prior years which was done at her urging because she hears from department managers on a daily basis regarding equipment replacement needs; therefore, the process has been accelerated by approximately two months in order to acquire equipment that was identified approximately 18 months ago as needed by the City organization. She added that it a process that has been many months in the making and started immediately after budget adoption in May and countless hours have been devoted by City staff not only in submitting requests, but evaluating and prioritizing those requests. She stated that over $3 million of the undesignated fund balance is the result of deliberate under expenditure of dollars by the City organization, in order to make funds available for needed capital items; however, that is not the way the City should operate long term. She added that a reserve has been set aside in the proposal that will be a contribution to capital which will remain in the capital account and cannot be spent by City staff until there is a specific Council action that will either appropriate the total amount or some portion of the amount to a specific capital project. With regard to the previous question raised by Council Member Hudson of $50,000.00 to engage a consultant to study space needs for Municipal North, the City Manager advised that it was a judgment call on the part of Engineering staff as to which projects the department can address and which projects require the service of an outside consultant. She stated the the City does not have sufficient staff to provide architectural and engineering services for all City projects and that particular $50,000.00 is intended for an evaluation of the entire north side of the building once the space is vacated by the Social Services component. The Mayor expressed concern with regard to the City's ever increasing debt and the pace at which the City is spending taxpayer dollars. He stated that he will support the recommendation of the City Manager because there are a number of items that need to be addressed; however, a portion of the funds should be retained in an "opportunity fund" that would address other needs of the City as they occur. Ordinance No. 35556-090401 was adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt and Mayor Smith .............................................................................................. -7. NAYS: None ................................................................................... -0. BUDGET-CMERP-EQUIPMENT: The City Manager submitted a communication advising that in the previous report dated September 4, 2001, Council was requested to approve a recommendation that $2,291,000.00 of Fiscal Year 2000-01 General Fund balance designated for the Capital Maintenance and Equipment Replacement Program be allocated for technology needs; in addition, the Department of Technology, an internal service fund, has retained earnings totaling $500,000.00 that can be allocated, for a total of $2,791,000.00; the Information Technology Committee (ITC) has completed an Information Technology Strategic Plan for the City and has developed a list of priority projects and equipment needs that have been determined to be supportive in meeting the goals of the plan; all items will be purchased in accordance with requirements established in Chapter 23.1, Procurement, Code of the City of Roanoke (1979), as amended; and total funding request of $2,791,000.00 is available, as follows: Current Year Capital Maintenance and Equipment Replacement - $2,291,000.00 Department of Technology, Prior Year Retained Earnings Account - $5O0,000.00 The City Manager recommended that Council adopt a budget ordinance to appropriate funds to new or existing project accounts to be established by the Director of Finance to support strategic technology needs and enhancements. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#35557-090401) AN ORDINANCE to amend and reordain certain sections of the 2001-2002 General and Department of Technology Funds Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 65.) Mr. Harris moved the adoption of Ordinance No. 35557-090401. The motion was seconded by Mr. Carder. Mr. Martin Jeffrey, 912 Hyde Park Drive, S. W., suggested that Council either vote against or table the item. He stated that to say the funds will not be expended today is misleading, although there are worthy expenditures on the recommended list that should be addressed; however, the process is so skewed in favor of the City administration over the citizens that it is outrageous. He added that there is clearly a surplus of funds, however, the funds will not be returned to the taxpayers, but instead given to the City administration to spend on certain worthy projects, but also on certain projects that may be questionable. He advised that if there is extra money, it should be returned to the taxpayers, but if the funds are not returned to the citizens, they should be spent on worthy Community Development Block Grant projects, or arts and cultural projects that the City heretofore has been unable to fund. He requested that Council vote no on the recommendation of the City Manager as a sign that the City intends to transact business in a different format. Ordinance No. 35557-090401 was adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt and Mayor Smith .............................................................................................. -7. NAYS: None ................................................................................... -0. 27 TRAFFIC-FEE COMPENDIUM: The City Manager submitted a communication advising that the City of Roanoke currently owns or controls five parking garages and several surface parking lots; current parking rates for these facilities were established by Council on May 1, 2000, pursuant to Resolution No. 34770-050100, with fees for the Tower Parking Garage having been amended by Resolution No. 35025-082100; since that date, construction has been completed on the City-owned surface parking area located north of Centre Avenue, N. W., and adjacent to the Roanoke Higher Education Center; the parking garage located at 25 Shenandoah Avenue is currently under construction with an anticipated opening of December 1, 2001; these two parking facilities will serve the Roanoke Higher Education Center, the Shenandoah Crossing apartments, the Roanoke Neighborhood Development Corporation's future building project and the general public; suggested parking rates for these two facilities were coordinated with the stakeholders by former Assistant City Manager, Kit B. Kiser, and need to be adopted by Council; the monthly rate for designated reserved parking spaces in the parking garage, which may be amended from time to time, will cover spaces to be provided for the Shenandoah Crossing apartments; and such rates will be subject to the same or similar terms as those provided for other parking facilities above mentioned. The City Manager recommended that Council establish parking fees for the Gainsboro parking garage and the Gainsboro surface parking area by adopting parking rates as set forth in an attachment to the report and amend the Fee Compendium to reflect fees and charges, effective September 4, 2001, such rates to be subject to similar terms as provided for other parking facilities above mentioned. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#35558-090401) A RESOLUTION providing for the adoption of parking rates to be charged at the Gainsboro parking garage and the Gainsboro surface parking area facilities; and directing amendment of the Fee Compendium. (For full text of Resolution, see Resolution Book No. 65.) Mr. Harris moved the adoption of Resolution No. 35558-090401. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt and Mayor Smith ............................................................................................... 7. NAYS: None ..................................................................................... -0. BUDGET-PARKS AND RECREATION: The City Manager submitted a communication advising that the Eureka Recreation Center Roof Replacement project consists of replacement of the roof at Eureka Recreation Center with a new Ethylene Propylene Diene Monomer (EPDM) adhered roof on the high roof above the gymnasium and an EPDM ballasted roof on the Iow roof above the administrative offices; and six bids were received for the project, with John T. Morgan Sheet Metal Company, Incorporated, submitting the Iow bid in the amount of $93,354.00. The City Manager recommended that Council accept the bid and authorize execution of a contract with John T. Morgan Sheet Metal Company, Incorporated, in the amount of $93,354.00, with 60 consecutive calendar days of contract time; reject all other bids received by the City; and transfer $98,000.00 from Facilities Management Account No. 001-440-4330-3057 to the Capital Projects Fund where funding may be appropriated in a new capital account entitled, "Eureka Recreation Center Roof Replacement". (For full text, see communication on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#35559-090401) AN ORDINANCE to amend and reordain certain sections of the 2001-2002 General and Capital Projects Funds Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 65.) Mr. White moved the adoption of Ordinance No. 35559-090401. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt and Mayor Smith ............................................................................................... 7. NAYS: None ...................................................................................... -0. Mr. Bestpitch offered the following resolution: (#35560-090401) A RESOLUTION accepting the bid of John T. Morgan Sheet Metal Company, Incorporated, for the replacement of the roof at Eureka Recreation Center with a new Ethylene Propylene Diene Monomer (EPDM) adhered roof on the high roof above the gymnasium and an EPDM ballasted roof on the Iow roof above the administrative offices, 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. 65.) Mr. Bestpitch moved the adoption of Resolution No. 35560-090401. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt and Mayor Smith ............................................................................................... 7. NAYS: None ....................................................................................... -0. Council Member White requested that the City Manager contact representatives of the appropriate neighborhood organization(s) with regard to the abovereferenced action. BUDGET-EMERGENCY SERVICES: The City Manager submitted a communication advising that the City of Roanoke and Roanoke County currently have reciprocal fire and rescue agreements that provide for cross-jurisdictional emergency response; both jurisdictions have identified the need to further these cooperative efforts in order to provide a higher level of fire and rescue service by co-staffing the Roanoke County Clearbook Station; the City of Roanoke benefits by significantly reducing response times to the 220 South/Southern Hills section of the City; Roanoke County benefits by extending its hours of coverage with paid staff; co-staffing the Clearbrook Station achieves enhanced service delivery without adding additional resources; and City personnel will be reassigned to meet the obligation of the six positions identified in the agreement. The City Manager recommended that she be authorized to execute the Fire and Emergency Medical Services Agreement to cooperatively and jointly co-staffthe Roanoke County Clearbrook Station, sold agreement to be approved by the City Attorney. (For full text, see communication on file in the City Clerk's Office.) Mr. Carder offered the following emergency ordinance: 3O (#35561-090401) AN ORDINANCE authorizing execution of a Fire and Emergency Medical Agreement with the County of Roanoke to provide for joint staffing of the Roanoke County Clearbrook Station to provide fire and related emergency medical services within the areas designated to be served by the Clearbook Station; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 65.) Mr. Carder moved the adoption of Ordinance No. 35561-090401. The motion was seconded by Mr. Bestpitch. Ms. Wyatt advised that when the proposal was presented, Council was given the assurance that it would be a step toward a regional fire department; however, she expressed concern that this does not appear to be the situation. She advised that the City of Roanoke has a full time, paid fire department funded by City taxpayer dollars, as opposed to a volunteer staff in Roanoke County. She stated that she would be supportive of a full time paid fire department staff, but those reassurances are not coming from Roanoke County. She read a portion of a memorandum from the Fire Chief of Roanoke County Fire and Rescue personnel, as follows: "Part of this plan will allow the City to reassign six of their personnel to our Clearbrook Station. This is an advantage for Roanoke County because it will allow us to serve the 220 corridor more effectively while supplementing the volunteer personnel already serving at this station. This will not and should not effect the volunteer effort. The volunteers are expected and asked to serve in the same capacity as they have been. The additional personnel will be a supplement to the volunteers that are already serving." Mr. Hudson reiterated Ms. Wyatt's concerns and advised that there are a number of unanswered questions that will need to be addressed before he could support the proposal. The City Manager clarified that the agreement before Council provides that primary response to the City will be by paid fire and rescue personnel and the six City staff that would be assigned to the station, along with the 12 staff assigned by Roanoke County, would provide the required complement of staff for an engineer complement and a rescue complement, with primary response to the City by paid staff. She advised that the effective date of the agreement is proposed to be January 1,2002, which will provide almost four months for the two transition teams, one from Roanoke County and one from Roanoke City, to identify as many situations in advance as possible so that appropriate protocols and operating procedures are in place prior to the time that the automatic aid agreement goes into effect. Mr. Bestpitch referred to a communication from the Roanoke Fire Fighters Association with regard to certain issues of concern, and requested that the City Manager insure that the issues are addressed as a part of the transition team process. Ms. Wyatt clarified her previous remarks with regard to paid versus volunteer staff, and advised that her remarks were not intended to be critical of volunteer staff from Roanoke County or the quality of service they render. However, she stated that her remarks were intended to reflect that this is a philosophical difference between the two organizations. Ordinance No. 35561-090401 was adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, White, and Mayor Smith .............................................................................................. -5. NAYS: Council Members Hudson and Wyatt .............................................. -2. 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 July, 2001. (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: None. UNFINISHED BUSINESS: None. INTRODUCTION RESOLUTIONS: AND CONSIDERATION OF ORDINANCES AND FIRE DEPARTMENT-LEASES: Ordinance No. 35534, having previously been before the Council for its first reading on Monday, August 20, 2001, 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: (#35534-090401) AN ORDINANCE authorizing an agreement with the City of Salem, Virginia, to provide mutual automatic aid for fire protection services within designated areas; and authorizing notice of termination of the lease for the fire station located at 4810 Salem Turnpike, N. W. (For full text of Ordinance, see Ordinance Book No. 65.) Mr. Bestpitch moved the adoption of Ordinance No. 35534-090401. The motion was seconded by Mr. Carder. Ms. Wyatt raised questions with regard to what will happen to Fire Station No. 12 if the mutual automatic aid proposal is not successful. She stated that the lease on Fire Station No. 12 should not be terminated until there is some level of certainty as to whether the proposal is working. Ordinance No. 35534-090401 was adopted by the following vote: AYES: Council Members Bestpitch, Carder, White and Mayor Smith ............. -4. NAYS: Council Members Harris, Hudson and Wyatt ........... ' ......................... 3. COUNCIL: VIRGINIA MUNICIPAL LEAGUE: 'Mr. White offered the following resolution designating Vice-Mayor William H. Carder and Council MemberWilliam D. Bestpitch as Voting and Alternate Voting Delegates, respectively, to the Annual Business Meeting of the Virginia Municipal League to be held on Tuesday, October 16, 2001, in Virginia Beach, Virginia: (#35562-090401) A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session and meetings of the Urban Section of the Virginia Municipal League and designating a Staff Assistant for any meetings of the Urban Section. (For full text of Resolution, see Resolution Book No. 65.) Mr. White moved the adoption of Resolution No. 35562-090401. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt and Mayor Smith .............................................................................................. -7. NAYS: None .................................................................................. -0. 33 COUNCIL: NATIONAL LEAGUE OF CITIES: Ms. Wyatt offered the following resolution designating Vice-Mayor William H. Carder and Council MemberWilliam D. Bestpitch, respectively, as Voting and Alternate Voting Delegates to the Annual Business Meeting of the National League of Cities, to be held on Saturday, December 8, 2001, in Atlanta, Georgia: (#35563-090401) A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Meeting of the National League of Cities. (For full text of Resolution, see Resolution Book No. 65.) Ms. Wyatt moved the adoption of Resolution No. 35563-090401. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt and Mayor Smith .............................................................................................. -7. NAYS: None .................................................................................... -0. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: ZONING-HOUSING/AUTHORITY: Council Member Harris, Council's liaison member to the Roanoke Redevelopment and Housing Authority, called attention to a joint meeting of Council and the Housing Authority scheduled for Thursday, October 18, 2001, at 5:00 p.m., and encouraged the Members of Council to provide him with discussion items for the agenda. The City Manager called attention to a joint meeting of Council and the Board of Zoning Appeals to be held on Monday, September 17, 2001, at 5:00 p.m., and requested that Council Members provide the City Clerk with discussion items for the agenda. SCHOOLS-MUNICIPAL AUDITOR: Council Member Wyatt moved that the City Attorney and Municipal Auditor be requested to prepare a measure for consideration by Council providing for a comprehensive internal audit of the school system which does not conflict with an opinion of the Attorney General, said audit to be performed by the Municipal Auditing Department, with specifics of the audit to be detailed in a yearly letter of engagement between City Council and the School Board; and that the 34 Chair of the City's Audit Committee be requested to contact the Chair of the School Board's Audit Committee to convene a joint meeting of the two bodies to discuss details of the letter of engagement. The motion was seconded by Council Member Harris and unanimously adopted. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that Council sets this time as a priority for citizens to be heard and for Council to listen. He stated that matters requiring referral to the City Manager will be referred immediately for response, recommendation or report to Council. COMPLAINTS-COUNCIL: Mr. Martin Jeffrey, 3912 Hyde Park Drive, S. W., Roanoke County, addressed Council with regard to numerous issues of concern to the citizens of Roanoke. He called attention to decisions that are made by Council on behalf of taxpayers, and advised that there are legitimate questions that citizens will continue to ask, and City government should be more accountable to its citizens when conducting City business. He stated that Council is making major decisions and moving millions of dollars through the system with taxpayers' money. REAL ESTATE VALUATION: Ms. Berniece Meador, 370 Koogler Drive, S. W., called attention to an individual who was recently observed canvassing her neighborhood who allegedly was contracted to photograph all houses and businesses in the Roanoke Valley for inclusion on the Internet. She requested more information on the project and an explanation as to why citizens were not informed. The Director of Real Estate Valuation advised that he would meet with Ms. Meador following the Council meeting to address her concerns. COMPLAINTS-COUNCIL: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., addressed Council as a self-appointed "watch dog" over City affairs. She stated that Council as a body should improve its method of communicating with citizens by allowing citizens to express themselves to Council as one complete body. She added that citizens can be better informed in several ways: (1) tape and televise the 12:15 p.m. Council sessions, (2) tape and televise meetings of the Board of Zoning Appeals and other committees that represent the interests of citizens, and (3) publicize pertinent facts about agenda items in The Roanoke Times and The Roanoke Tribune, or publish the agenda with informative information about each agenda item. She requested that Council determine if it is legal for City Council meetings to be held on the third and fourth Mondays of the month, or on alternate days, to meet in the four quadrants of the City to hear citizen concerns. When citizens address Council, she suggested that there be an exchange of dialogue between Council Members and citizens. At 5:10 p.m., the Mayor declared the meeting in recess for two closed sessions. At 6:10 p.m., the meeting reconvened in the Council Chamber, with all Members of the Council in attendance, Mayor Smith presiding. COUNCIL: With respect to the Closed Meeting just concluded, Mr. Bestpitch moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters 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. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt and Mayor Smith ............................................................................................. 7. NAYS: None ........................................................................................ -0. FLOOD REDUCTION/CONTROL-COMMITTEES: The Mayor advised that there is a vacancy on the Flood Plain Committee, and called for nominations to fill the vacancy. Mr. Bestpitch placed in nomination the name of Mack D. Cooper. There being no further nominations, Mr. Cooper was elected as a member of the Flood Plain Committee for a term ending June 30, 2002, by the following vote: FOR MR. COOPER: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt and Mayor Smith ............................................................................ 7. ROANOKE CIVIC CENTER-OATHS OF OFFICE-COMMITTEES: The Mayor advised that the term of office of Robert C. Poole as a member of the Roanoke Civic Center Commission will expire on September 30, 2001, and called for nominations to fill the vacancy. Mr. Hudson placed in nomination the name of Robert C. Poole. There being no further nominations, Mr. Poole was reelected as a member of the Roanoke Civic Center Commission, for a term ending September 30, 2004, by the following vote: FOR MR. POOLE: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt and Mayor Smith ...................................................................................... 7. BUILDINGS/BUILDING DEPARTMENT-OATHS OF OFFICE-COMMITTEES: The Mayor advised that the term of office of Edward S. Colonna as a member of the New Construction Code, Board of Appeals, will expire on September 30, 2001, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of Edward S. Colonna. There being no further nominations, Mr. Colonna was reelected as a member of the New Construction Code, Board of Appeals, for a term ending September 30, 2006, by the following vote: FOR MR. COLONNA: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt and Mayor Smith ............................................................................ 7. ROANOKE NEIGHBORHOOD PARTNERSHIP-OATHS OF COMMITTEES: The Mayor advised that there is a vacancy on the Neighborhood Partnership Steering Committee, for a term November 30, 2003, and called for nominations to fill the vacancy. OFFICE- Roanoke ending Ms. Wyatt placed in nomination the name of Christine C. Proffitt. There being no further nominations, Ms. Proffitt was elected as a member of the Roanoke Neighborhood Partnership Steering Committee, for a term ending November 30, 2003, by the following vote: FOR MS. PROFFITT: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt and Mayor Smith ............................................................................ 7. HOUSING/AUTHORITY-COMMITTEES-OATHS OF OFFICE: The Mayor advised that the term of office of Ben J. Fink as a Commissioner of the Roanoke Redevelopment and Housing Authority expired on August 31, 2001, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of Ben J. Fink. There being no further nominations, Mr. Fink was reelected as a member of the Roanoke Redevelopment and Housing Authority for a term ending August 31, 2005, by the following vote: FOR MR. FINK: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt and Mayor Smith ...................................................................................... 7. There being no further business, the Mayor declared the meeting adjourned at 6:15 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 38 SPECIAL SESSION ..... ROANOKE CITY COUNCIL September 17, 2001 1:00 p.m. The Council of the City of Roanoke met in a special session on Monday, September 17, 2001, at 1:00 p.m., in the Emergency Operations Center Conference Room, Room 159, 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. COUNCIL MEMBERS PRESENT: Council Members William H. Carder, W. Alvin Hudson, Jr., Linda F. Wyatt, William D. Bestpitch and Mayor Ralph K. Smith ........... 5. COUNCIL MEMBERS ABSENT: Council Member C. Nelson Harris (arrived at 1:10 p.m.), and William White, Sr.- ...................................................................... -2. CITY PLANNING COMMISSION MEMBERS PRESENT: Alfred T. Dowe, Jr., Robert B. Manetta and D. Kent Chrisman, Chairman .............................................. 3. CITY PLANNING COMMISSION MEMBERS ABSENT: Gilbert E. Butler, S. Wayne Campbell, Melvin L. Hill and Richard A. Rife .......................................... -4. STAFF PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; Stephanie M. Moon, Deputy City Clerk; and Martha P. Franklin, Secretary, City Planning Commission. COUNCIL-CITY PLANNING COMMISSION: The Mayor referred to the following communication calling the special meeting of Council: "September 14, 2001 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: Pursuant to Section 10, Meetings of Council, of the Charter of the City of Roanoke, (1950), I am calling a special meeting of Roanoke City Council for Monday, September 17, 2001, at 1:00 p.m., in the Emergency Operations Center Conference Room, Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. The purpose of the meeting will be to engage in a work session with the City Planning Commission with regad to presentation of the Downtown Roanoke Outlook Plan. Sincerely, (S)George C. Snead for Darlene L. Burcham City Manager" The Mayor called on the City Manager for introduction of the briefing. The City Manager expressed appreciation to City Council and the City Planning Commission for an opportunity to present a briefing on the Outlook Roanoke Plan for downtown Roanoke, as well as offer results of a parking study that was commissioned in concert with the downtown plan. Ms. Burcham called upon Matt Kennell, Executive Director, Downtown Roanoke, Inc., for remarks. Mr. Kennell recognized the members and participants of the Outlook Steering Committee, which consisted of downtown business people and property owners, residents of Roanoke County, real estate brokers and Downtown Roanoke, Inc. Board Members. Thereafter, he introduced Ray Gindroz, a consultant with Urban Design Associates. Mr. Gindroz shared a slide presentation highlighting the result from the first five years of the Master Plan; and acknowledged the progress made to date on the efforts proposed: Rebuilding Gateways Reconnecting City Streets Defining City Places The Rail District Downtown Living Regional Marketing and Community Investment 2 He noted the following key parts in connection with the downtown area: The new Carillon Biomedical Institute that will extend from the Roanoke River and Victory Stadium site to Elm Avenue; The Library and Elmwood Park; Church Avenue, the most pedestrian-oriented east-west street that links the City Market and Williamson Road with City Hall and the Jefferson Center; Campbell and Salem Avenues and the railroad tracks with their collections of underutilized, but useful buildings; and The Higher Education Center north of the tracks. Mr. Gindroz stated that the Update presents market strategies which emerged from the research that provide the foundation for the initiatives proposed; and private efforts, along with public improvements and public/private partnerships have been formulated into the five primary initiatives: (1) Elmwood Park; (2) Church Avenue; (3) E-Town; (4) The Market; and (5) the Jefferson Center. He further stated that in order to support each of the initiatives, Urban Design Associates recommend improving and creating a series of frameworks which will interconnect more effectively the parts of downtown; that changes in lifestyle and demographics have resulted in a demand for apartments and condominiums with easy access to restaurants, entertainment, shopping, cultural facilities, and work; the presence of high quality housing creates a reassuring image of security and stability, which in turn encourages development of retail and cultural activities; results of the Zimmerman/Volk Associates residential market study suggest that, based on target market propensities and compatibilities, that a full range of housing types - from multi-family to single-family detached units - would be attractive to prospective residents; and housing preferences identified by the study indicate that the annual market potential for newly-created, market-rate, multi-family or single- family attached units in downtown Roanoke is distributed among the three basic types: Rental apartments/lofts For sale apartments/lofts Townhouses Total 59% 22% 19% 100% 3 Mr. Gindroz advised that in order to encourage development of high technology businesses, the City of Roanoke will need a more dynamic and vital downtown with amenities that young, highly-trained professionals expect in their working environment. He further advised that the Higher Education Center has been so successful that it will clearly need to expand in the near future; the downtown Library needs to be improved; integrating cultural facilities will continue to be an essential component in creating a dynamic downtown; and the Center in the Square programs remain a major part of those ongoing efforts. He highlighted the five initiative areas and opportunities, as follows: Elmwood Park Initiative Elmwood Park, the only large park in Downtown Roanoke is located on a high point on Jefferson Street and provides a magnificent view of the distant mountains. Elmwood Park should be developed into a world- class park. The Elmwood Park Initiative includes the following elements: Revitalization of the Park - (1) if the Library is rebuilt in the park, the consultants recommend that it be located on the high land close to Elm Avenue; and (2) thereby opening the rest of the park to both Jefferson Street and Bullitt Avenue. Carilion Hospital Property-the Biomedical Institute begins just south of the hospital and is integrated with it. The consultants recommend building a new medical or medical-related facility in the underused front yards of the existing hospital buildings, in order to better define the park and to connect the complex to the City. North and East Side Development Sites - the consultants recommend extending Bullitt Avenue to Williamson Road, thereby further defining the park and connecting it to the downtown network. While in the greater interest of developing a world-class park, the design of the Bullitt Avenue extension should be sensitive to the impact which it will have upon the existing Magnolia Walk in Elmwood Park and could be sealed off to through traffic during performances or festivals. 4 Church Avenue Initiative The Church Avenue Initiative includes a series of public improvements, civic and institutional buildings, and private development opportunities, as follows: Heironimus Building - the building's facade should be restored; parking should be provided in a garage on the south side of the building; and the upper floors of other buildings on Jefferson Street should be renovated for residential use, thus addition to the critical mass of downtown residents. Williamson Road and Church Avenue - a civic building would provide a visual focus for Church Avenue, block the view of the expressway, and create a pleasant gateway into the Belmont neighborhood to the east. Possible uses include a Fire Station to replace historic Fire Station No. 1 on Church Avenue which is being considered for a museum, or a new downtown Library. The property at the northwest corner of Williamson Road and Church Avenue is currently used for parking and is an important site for completing the City Market area. The Grand Building - the consultants encourage development of this building as either loft apartments or as office/accelerator space with retail uses on the ground floor. E-Town Initiative The consultants recommend that this area be extended to the Henry Street area to include the Higher Education Center and to support the efforts to rebuild this historic district; and that a new north-south street between Campbell Avenue and Warehouse Row to connect the space more effectively to Campbell Avenue and to provide frontage of the housing and office buildings. Warehouse Row - the buildings are well-suited to high tech offices and are presently under consideration for adaptive re-use. The consultants recommend the conversion of as many buildings as possible to incubator space. First Street Bridge - the consultants recommend that the proposed elevator be constructed at the south end of the bridge to address accessibility issues, but that the bridge continue to carry vehicles. Henry Street and the Higher Education Center - the consultants recommend building on the success of the Higher Education Center, in coordination with the efforts of the Roanoke Neighborhood Development Corporation to implement the Henry Street Initiative. The Ebony Club should be restored and brought back to useful life. New office construction could be used to rebuild the urban character of Henry Street. Market Initiative Downtown's most celebrated and loved area, the Market continues to be a destination in the region and the center of public life for the City. By incrementally reinforcing the Market area with additional housing and retail and entertainment uses, the future of the Market will be more secure. Elements should include: Billy's Ritz Restaurant -the building and its location make it idea for downtown housing. It may be possible to link it to Center in the Square's IMAX development. IMAX - this attraction is in the development process and should be coordinated with other developments suggested for the City Market. Two-way Streets - the consultant recommend that the remainder of Campbell be converted to a two-way street. A number of studies comparing one- and two-way street systems have documented that two-way streets are safer for pedestrians, enhance retail visibility and, therefore, sales. Jefferson Center Initiative Jefferson Center is an important public investment that is expanding and improving. Elements of the initiative, many of which coincide with the Jefferson Center Area Master Plan of October 1997 include: 6 Trails New YMCA- the YMCA has an ambitious building program with a major new facility planned for the west side of 5th Street at the end of Church Avenue. The existing YMCA site provides a number of opportunities. The section of Church Avenue between 5th and 2nd Streets has some good buildings and active uses, but it also has vacant areas. Desirable uses for this site would be public or civic facilities, offices, or residential spaces with public uses on the ground floor. Parking should be provide in structure, but should be on the northern portion of the site, with additional active uses lining Church Avenue. Parking - parking for the Jefferson Center is provided in a series of surface lots. The increased activity with the YMCA may create the need for parking structures. In either case, the parking should be confined to the center of the development area. Other development should line 5th and 6th Streets, and Elm Avenue. Cotton Mill - this industrial structure is well suited for conversion to either loft apartments, live/work units, or office space. The Cotton Mill may also be appropriate for public or institutional uses, but care should be given to the type of use. A special effort should be made in the next five years to connect the City Market Building and the Linear Rail Walk to the regional trail system along the edge of the Gainsboro Neighborhood and CBI. New connections should be designed to accommodate both bike and pedestrian users, and trails should take on an urban character as the move throughout downtown. In summary, Mr. Gindroz commended the City of Roanoke on evolving and building upon its strengths that were inherited and its strengths that it continues to reinforce. (For full text, see copy of final draft of the Outlook Roanoke Update.) Due to the amount of time allotted for the two briefings, no discussion was held with regard to the update. 7 Thomas E. Flynn, Vice-President, Wilbur Smith Associates, presented a study on Roanoke Central Business District Parking. He advised that the study was undertaken to assess the changing parking needs of the downtown area of Roanoke, including the Gainsboro neighborhood to the north, and the Old Southwest neighborhood generally south and west of the Central Business District area; and the study quantifies existing and projected parking needs and includes recommendations to address identified shortfalls. Mr. Flynn further advised that in order to adequately meet the needs of parkers, the City will need to consider different parking management strategies, such as: Converting long term or unrestricted curb parking to short term where commercial/retail activity has increased; Ensuring that sufficient short-term space is available in City off-street facilities; City/private sector coordination of promotional efforts m wayfinding signs, shopper validation programs, etc.; Reduced, free of charge for overnight use of City facilities by downtown residents; and Shared parking or enhancing City operated satellite lots. (For full text, see copy of the Roanoke Central Business District Parking Study on file in the City Clerk's Office.) Due to reconvening the regularly scheduled meeting of City Council at 2:00 p.m., the Mayor expressed appreciation to the consultants and staff for the presentations. There being no further business, the Mayor declared the special meeting adjourned at 2:00 p.m. APPROVED ATTEST: Stephanie M. Moon Deputy City Clerk Ralph K. Smith Mayor 8 REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL September 17, 2001 2:00 p.m. The Council of the City of Roanoke met in regular session on Monday, September 17, 2001, at 2:00 p.m., the regular meeting hour, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Reqular Meetinqs, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members William H. Carder, C. Nelson Harris, W. Alvin Hudson, Jr., Linda F. Wyatt, William D. Bestpitch, and Mayor Ralph K. Smith ........... 6. ABSENT: Council MemberWilliam White, Sr.- ............................................. 1. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Stephanie M. Moon, Deputy City Clerk. The meeting was opened with a prayer by The Reverend Amos Rideout, Pastor, South Roanoke United Methodist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. The Mayor advised that indeed the City of Roanoke was saddened by the tragedy on Tuesday, September 11. He stated that the hearts of the citizens of the City of Roanoke go out to all the lives that were lost, the families and this Country that were touched by the tragic events; and asked everyone to bow in a moment of silence. PRESENTATIONS: ACTS OF ACKNOWLEDGEMENT-CITY EMPLOYEES-MUNICIPAL AUDITOR: Mr. Harris offered the following resolution paying tribute to Robert Harold Bird, Municipal Auditor for the City of Roanoke, who announced his retirement as Municipal Auditor effective September 28, 2001: (#35564-091701) A RESOLUTION paying tribute to Robert Harold Bird, Municipal Auditor for 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. 64.) Mr. Harris moved the adoption of Resolution No. 35564-091701. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor Smith .............................................................................................................. -6. NAYS: None ......................................................................................... -0. (Council Member White was absent.) The Mayor presented Mr. Bird with a ceremonial copy of Resolution No. 35564- 091701 and an engraved plaque with the "Key to the City". The Mayor also presented Mrs. Bird with a friendship basket that contained items representative of the Roanoke Valley. PROCLAMATIONS-DISABLED PERSONS: The Mayor presented a proclamation declaring the month of October 2001, as "National Disability Employment Awareness Month" in the City of Roanoke. (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 two requests for Closed Sessions to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, and to discuss appointment of a new Municipal Auditor. COMMITTEES-COUNCIL: A communication from Mayor Ralph K. Smith requesting a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed bythe 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. Hudson and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor Smith .............................................................................................................. -6. NAYS: None .......................................................................................... 0. (Council Member White was absent.) COUNCIL-MUNICIPAL AUDITOR: A communication from Council Member C. Nelson Harris, Chair, Personnel Committee, requesting a Closed Meeting to discuss appointment of a new Municipal Auditor, 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 to convene in a Closed Meeting to discuss appointment of a new Municipal Auditor, pursuant to Section 2.1- 344 (A)('I), 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, Wyatt, Bestpitch, and Mayor Smith .............................................................................................................. -6. NAYS: None .......................................................................................... 0. (Council Member White was absent.) ZONING-COMMITTEES: A communication from Willard G. Light tendering his resignation as a member of the Board of Zoning Appeals, effective immediately, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris moved that the communication be received and filed and the resignation accepted. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor Smith ............................................................................................................... 6. NAYS: None .......................................................................................... 0. (Council Member White was absent.) OATHS OF OFFICE-HUMAN DEVELOPMENT-COMMITTEES: Report of qualification of Margaret C. Thompson as a member of the Human Services Committee for a term ending June 30, 2002, 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. Hudson and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor Smith .............................................................................................................. -6. NAYS: None .......................................................................................... 0. (Council Member White was absent.) REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: CULTURAL SERVICES COMMITTEE: Ms. Susan Jennings, Executive Director, the Arts Council of the Blue Ridge, appeared before Council and advised that the final report of the Master Plan for the Cultural Institutions of the Roanoke Valley outlines a plan to strengthen, mutually promote, and cooperate through programming to enhance cultural industry in the Roanoke Valley. Ms. Jennings recognized Kay Strickland, Executive Director, Virginia Museum of Transportation, who led the charge to bring the process to the community after observing a very successful project in another locality. In closing, Ms. Jennings requested that Council adopt a measure endorsing its support of the plan, and further requested that Council declare the month of October 2001 as National Arts and Humanities Month. (For full text, see copy of the Master Plan on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the remarks of Ms. Jennings would be received and filed; and the request endorsing support of the plan would be referred to the City Manager. PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: POLICE DEPARTMENT-FIRE DEPARTMENT-EQUIPMENT: The City Manager submitted a communication advising that the Capital Maintenance and Equipment Replacement Program (CMERP) has identified the need for 17 automobiles for the Police Department and two automobiles for the Fire Department. The City Manager recommended that Council accept the bid submitted by Magic City Motor Corporation and authorize issuance of purchase orders, in the total amount of $435,537.00. (For full text, see communication on file in the City Clerk's Office.) Mr. Hudson offered the following resolution: (#35565-091701) A RESOLUTION accepting the bid of Magic City Motor Corporation for purchase of 17 automobiles for the Police Department and two automobiles for the Fire Department, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 64.) Mr. Hudson moved the adoption of Resolution No. 35565-091701. The motion was seconded by Mr. Harris. Mr. Bestpitch inquired as to whether or not the purchases of the above- mentioned vehicles would allow police officers who reside in the City to take their vehicles home. The City Manager responded that in the 2001-02 budget proposal, additional funds were allocated for vehicles to be taken to residences by police officers who reside within the City limits; and it will take approximately three years to purchase the required number of automobiles for said purpose, along with the standard replacement of automobiles which is necessary on an annual basis. Ms. Burcham further stated that a report would be provided to allow for special recognition of such efforts at a future Council meeting. Thers being no further discussion, Resolution No. 35565-091701was adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor Smith ............................................................................................................... 6. NAYS: None .......................................................................................... 0. (Council Member White was absent.) At 2:45 p.m., the Mayor declared the meeting in recess. At 3:20 p.m., the meeting reconvened with Mayor Smith presiding and all Members of Council in attendance, with the exception of Council Member White. CITY CODE-FLEET MAINTENANCE FUND-PROCUREMENT CODE: The City Manager submitted a communication advising that the City desires to consider entering into a contractual agreement with goods and service providers for the following: supplies, materials and repair parts for the Fleet Management operation, rental service for cars, light trucks and vans for out of town travel, travel agency service, and management and operation services for any City owned or controlled parking facilities; although, the sealed bid method of procurement would normally be used, it is not practicable or fiscally advantageous to the public in the above cases; the experience, qualifications, and references of firms that can provide the above-listed goods and services are of equal, if not greater importance than the cost; and issues of volume discounts, billing, quality of reports, electronic media capability, and pricing advantages are of vast importance in the areas of goods for Fleet Management operations, rental service and travel agency service. The City Manager recommended that she be authorized to use the procurement method known as competitive negotiation as the method to secure vendors to provide appropriate goods and services. (For full text, see communication on file in the City Clerk's Office.) Mr. Carder offered the following resolution: (#35566-091701) A RESOLUTION designating the procurement method known as competitive negotiation, rather than the procurement method known as competitive sealed bidding for procurement of goods and services for the following: supplies, materials and repair parts for the Fleet Management operation; vehicle rental service; travel agency service; and management and operation services for any City owned or controlled parking facilities; and documenting the basis for this determination. (For full text of Resolution, see Resolution Book No. 64.) Mr. Carder moved the adoption of Resolution No. 35566-091701. The motion was seconded by Mr. Bestpitch. Mr. Martin Jeffrey, 3912 Hyde Park Drive, S. W., appeared before Council to inquire if the change in the procurement process would give the City Manager and City staff the ability to enter into contractual agreements without a formal bidding process as well as approval of said process, and if so, he urged Council to vote no to allow additional discussion of the matter. Ms. Wyatt asked about checks and balances that would apply to contracts with travel agencies to insure the lowest fares are given. Ms. Burcham stated that items that may not necessarily be in a formal bidding process may be equal to or of a greater importance as a Iow bid, viz: the Administration has not previously bid on travel service, but having worked with this type of contract in the past, but believes staff would in fact inquire about the lowest price guarantees. Mayor Smith spoke about a recent experience with travel, especially with airlines, and encouraged the City Manager to review efficient ways to deal with travel agencies. There being no further discussion, Resolution No. 35566-091701 was adopted by the following vote: AYES: Council Members Carder, Harris, Wyatt, Bestpitch, and Mayor Smith ............................................................................................................. 5. NAYS: Council Member Hudson ................................................................ 1. (Council Member White was absent.) BUDGET-HEALTH DEPARTMENT-HUMAN DEVELOPMENT: The City Manager submitted a communication advising that the Roanoke Department of Social Services and the State Health Department entered into an agreement in 1994 to establish an Eligibility Worker position through the Department of Social Services to be placed at the Roanoke Health Department to assure that all citizens have an opportunity to apply for Medicaid; and the Roanoke Health Department is satisfied with the results of having said position on location and wishes to continue the services. The City Manager recommended that she be authorized to continue the services of the Outstationed Eligibility Worker at the Health Department, in accordance with the original agreement, and that Council appropriate $33,234.00 for fiscal year 2001-02 to certain revenue and expenditure accounts to be established in the Grant Fund by the Director of Finance. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#35567-091701) AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35567-091701. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor Smith .............................................................................................................. -6. NAYS: None .......................................................................................... 0. (Council Member White was absent.) Mr. Harris offered the following resolution: (#35568-091701) A RESOLUTION authorizing the City Manager to continue the services of the Outstationed Eligibility Worker at the Roanoke City Health Department, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 64.) Mr. Harris moved the adoption of Resolution No. 35568-091701. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor Smith .............................................................................................................. -6. NAYS: None .......................................................................................... 0. (Council Member White was absent.) BUDGET-HUMAN DEVELOPMENT-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM: The City Manager submitted a communication 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 ofAIleghany, Botetourt, Craig, Franklin and Roanoke, as well as the Cities of 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 the Consortium funding, thus, City Council must appropriate funds for all grants and other monies received by the Consortium; and the state office of the Virginia Department of Social Services has sent the Consortium a notice of additional monies for the operation of the Welfare to Work Program which increased the original grants due to changes made in the Workforce Investment Areas statewide. The City Manager recommended that Council authorize appropriation of funds in the amount of $117,490.00, and increase the revenue estimate by $117,490.00 in accounts to be established in the Consortium Fund by the Director of Finance. (For full text, see communication on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#35569-091701) AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Consortium Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Hudson moved the adoption of Ordinance No. 35569-091701. The motion was seconded by Mr. Harris. Council Member Wyatt requested that the City Manager provide a status report with regard to the whereabout of those recipients of the Fifth District Employment and Training Consortium Welfare to Work program and the impact of the program on the City, local churches, non-profit agencies, etc. There being no further discussion, Ordinance No. 35569-091701 was adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor Smith ............................................................................................ -6. NAYS: None .......................................................................................... 0. (Council Member White was absent.) BUDGET-HOUSING/AUTHORITY-GRANTS: The City Manager submitted a communication advising that the City of Roanoke is an entitlement community under the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grant (ESG) programs of the U.S. Department of Housing and Urban Development (HUD); each fiscal year, about $4 million in HUD funds are available to the City, including new grants, anticipated program income and funds unexpended from prior years; and as discussed with City Council during the Fiscal Year 2001-02 Budget Study, the HUD Funds Policy proposed for adoption by City Council sets guidelines for budgeting and distributing said funds for housing, neighborhood and economic development, human services and other community needs. It was further advised that the recommended policy replaces the previous "HUD Funds Allocation Policy" which was prepared in 1998; the new policy emphasizes using the City's HUD funds to bring about change by targeting activities of defined scope and duration, rather than by supporting on-going programs; a key provision of the new policy places a three-year limitation for funding any non-capital program of an on-going nature; the policy supports the intent to make demonstrable change in the community by orienting the budgeting process toward making fewer, but larger awards; and greater expectations will be placed upon activities to leverage other resources, especially financial assistance from the private sector and to create collaborations with other community organizations and stakeholders. It was stated that the recommended policy is designed to place increasing emphasis on addressing the City's housing needs, particularly affordable housing; under the new policy, housing activities will take up over 70% of said funds; in the past, housing activities have been conducted by several agencies in various areas of the City; the intent of the new policy is that fewer agencies receive larger concentrations of the housing funds to conduct projects initiated or specified by the City in targeted areas; and the desired result is that a visible impact be achieved in the targeted neighborhoods, helping to draw in private development to broaden the impact. The City Manager recommended that Council adopt the policy on HUD funds and that she be authorized to implement the policy as part of the budgeting process for Fiscal Year 2002-03. (For full text, see communication on file in the City Clerk's Office.) Mr. Carder offered the following resolution: (#35570-091701) A RESOLUTION adopting a policy on the allocation of funds from the United States Department of Housing and Urban Development. (For full text of Resolution, see Resolution Book No. 64.) Mr. Carder moved the adoption of Resolution No. 35570-091701. The motion was seconded by Mr. Bestpitch. James Lesniak, representing the Northwest Neighborhood Environmental Organization, appeared before Council in support of the proposed policy. However, he expressed concern with regard to Paragraph 2(2) of the proposed Policy which states, "...(in budgeting for the 2003-2004 period and thereafter, it is intended that the housing projects funded be those which are City initiated or developed and that the neighborhood development funding be available for use by the City as well as community agencies)". He inquired whether or not a project such as McCray Court is considered a City initiated project. Mr. Martin Jeffrey, 3912 Hyde Park Drive, S. W., appeared before Council and expressed concern with regard to the use of CDBG funds for repayment of HUD 108 loans, and administrative functions/staffing for the Housing Authority and the City. He called attention to the fact that the City and the Housing Authority were benefitting from the funds for staffing purposes, and that said funds are not used for community-oriented development projects. In summary, Mr. Jeffrey urged the Members of Council not to vote on the issue, but to allow the neighborhood organizations to have input with regard to the decision on the proposed HUD policy. Vice-Mayor Carder inquired as to whether or not any of the neighborhood organizations would be eliminated from the competitive process. Whereupon, the City Manager advised that the intent of the policy is not to limit the organizations that would be involved, but to target the areas of the City in which activities would occur. Mr. Carder also inquired as to whether or not grant employees employed by the City were continuing to receive income from grant funds. The City Manager responded that no grant employees were continuing to be paid with CDBG funds, but were being paid through the General Fund. ]! Mr. Bespitch asked if the City grant positions that were eliminated included positions from the Housing Authority. The City Manager responded no, and stated that due to an annual contract between the Housing Authority and the City which provided for the provision of certain activities, primarily housing related and construction related activities. She stated that under the proposed HUD Funds Policy, the Housing Authority would no longer be an entitlement activity, but would be considered along with neighborhood organizations for grant fund purposes. There being no further discussion, Resolution No. 35570-091701 was adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor Smith ............................................................................................................... 6. NAYS: None .......................................................................................... 0. (Council Member White was absent.) BUDGET-GRANTS-YOUTH: The City Manager submitted a communication advising that the Office on Youth received its first grant from the Virginia Delinquency Prevention and Youth Development Act (VA DP&YD) on June 17, 1980; this year, the City has applied for and received funds, in the amount of $40,705.00, to provide for continuation of coordinated planning and program implementation of the Office on Youth; and a local cash match, in the amount of $39,576.00, was appropriated in the approved fiscal year 2001-02 budget and transferred to Grant Fund Account No. 001-250-9310-9535. The City Manager recommended that she be authorized to execute appropriate documents, in a form approved by the City Attorney, to accept the state grant; and Council to authorize appropriation of grant funds to the appropriate revenue and expenditure accounts in the Grant Fund to be established by the Director of Finance. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#35571-091701) AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35571-091701. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor Smith ............................................................................................................. 6. NAYS: None .......................................................................................... 0. (Council Member White was absent.) Mr. Bestpitch offered the following resolution: (#35572-091701) A RESOLUTION authorizing acceptance of a grant from the Virginia Delinquency Prevention and Youth Act Prevention on behalf of the City to continue coordinated planning and program implementation of the Office on Youth, and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant and applicable laws, regulations, and requirements pertaining thereto. (For full text of Resolution, see Resolution Book No. 64.) Mr. Bestpitch moved the adoption of Resolution No. 35572-091701. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor Smith .............................................................................................................. -6. NAYS: None .......................................................................................... 0. (Council Member White was absent.) BUDGET-ROANOKE CIVIC CENTER-EQUIPMENT: The City Manager submitted a communication advising that at its meeting on June 4, 2001, City Council authorized issuance of $3.0 million in general obligation public improvement bonds to provide funds to defray the cost of needed public improvements to the Roanoke Civic Center; several equipment purchases are needed in order to provide expected levels of service, and to comply with the City's contractual requirements for events at the Civic Center; the equipment purchases are a part of the Civic Center Expansion and Renovation Project-Phase I and includes a portable basketball floor, two basketball goals, two time clocks, and an ice floor covering; and the total cost for all equipment is approximately $250,000.00, which will be funded through the sale of the aforementioned general obligation bonds. ]3 It was further advised that an additional component of the Phase I Project which also requires funds is the replacement of the Arena Lighting System, at a cost of approximately $550,000.00; and bids for purchase and installation of a portable basketball floor for the Roanoke Civic Center were requested by due and proper advertisement, and the lowest bid was submitted by Horner Flooring Co., Inc., Dollar Bay, Michigan, in the amount of $78,500.00. The City Manager recommended that Council authorize appropriation in advance of issuance $800,000.00 in Series 2002 General Obligation Public Improvement Bonds to a new capital account entitled, "Civic Center Expansion and Renovation-Phase I"; that Council adopt a resolution indicating the City's intent to reimburse itself for the abovementioned items from the proceeds of General Obligation Public Improvement Bonds to be issued in the future; and that Council accept the bid submitted by Horner Flooring Co., Inc., for the portable basketball floor and authorize issuance of a requisite purchase order, in the total amount of $78,500.00, and reject all other bids received by the City. (For full text, see communication on file in the City Clerk's Office.) Mr. Carder offered the following emergency budget ordinance: (#35573-091701) AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Civic Center Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Carder moved the adoption of Ordinance No. 35573-091701. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor Smith ............................................................................................................ -6. NAYS: None ......................................................................................... -0. (Council Member White was absent.) Mr. Carder offered the following resolution: (#35574-091701) A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Resolution No. 35373-060401 adopted June 4, 2001, for certain expenditures to be made in connection with proposed capital improvements to the Roanoke Civic Center, and providing for an effective date. (For full text of Resolution, see Resolution Book No. 64.) Mr. Carder moved the adoption of Resolution No. 35574-091701. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor Smith .............................................................................................................. 6. NAYS: None .......................................................................................... 0. (Council Member White was absent.) Mr. Bestpitch offered the following resolution: (#35575-091701) A RESOLUTION accepting the bid of Horner Flooring Co., Inc., for the purchase and installation of a portable basketball floor for the Roanoke Civic Center; and rejecting all other bids made to the City. (For full text of Resolution, see Resolution Book No. 64.) Mr. Bestpitch moved the adoption of Resolution No. 35575-091701. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor Smith ............................................................................................................. 6. NAYS: None .......................................................................................... 0. (Council Member White was absent.) POLICE DEPARTMENT-DOWNTOWN ROANOKE, INCORPORATED: The City Manager submitted a communication advising that the Roanoke City Police Department's Mounted Patrol Unit was formed in September 1993, in partnership with Downtown Roanoke, Inc., which formed a separate not-for-profit, tax-exempt organization, Roanoke Foundation for Downtown, Inc., to assist Downtown in raising funds for the Police Mounted Patrol Unit; as of June 30, 1998, Downtown Roanoke, Inc., and the Foundation had fulfilled its original five-year commitment to the City by providing five years of financial assistance for the Mounted Patrol Unit; Downtown Roanoke, Inc., and the Foundation have provided said assistance through fund raising efforts and have established relationships with a variety of local vendors and suppliers, many of whom provide services and supplies as in-kind donations or at reduced prices for the Mounted Patrol Unit; and the City of Roanoke, the Roanoke Foundation for Downtown Inc., and Downtown Roanoke, Inc., entered into an Agreement commencing July 1, 1998 and terminating on June 30, 2001, whereby the City provided $15,000.00 to the Foundation to benefit the Mounted Patrol Unit. 15 It was further advised that the Foundation plans to continue to raise funds and to seek donations of goods and services to assist with the needs of the Mounted Patrol Unit; and the continued funds provided by the City, in the amount of $15,000.00, is needed to cover the cost of equipment, goods and services to the Unit that are not donated; and the Foundation will pay all mounted patrol expenses, excluding the officer's salaries and benefits, ordinary police equipment and uniforms, and will comply with the City's procurement procedures. The City Manager recommended that she be authorized to execute, and the City Clerk to attest, an agreement with the Roanoke Foundation for Downtown, Inc., approved as to form by the City Attorney, within the limits of funds for the purposes specified. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#35576-091701) A RESOLUTION authorizing an agreement with Roanoke Foundation for Downtown, Inc., for funding to be used for the benefit of the Mounted Patrol Unit of the Police Department. (For full text of Resolution, see Resolution Book No. 64.) Mr. Harris moved the adoption of Resolution No. 35576-091701. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor Smith ............................................................................................................ -6. NAYS: None .......................................................................................... 0. (Council Member White was absent.) POLICE DEPARTMENT-ROANOKE CIVIC CENTER-EQUIPMENT: The City Manager submitted a communication advising that the original Civic Center Auditorium stage was equipped with a fire curtain containing asbestos which must be replaced; one bid was received from Hoffend South, Inc., in the amount of $76,786.00, for assisting with removal of the old fire curtain and for fabrication and installation of a new reef rigged fire curtain in the Roanoke Civic Center Auditorium; and funding is available in Account No. 001-005-550-8607. The City Manager recommended that Council authorize acceptance of the bid submitted by Hoffend South, Inc., in the amount of $76,786.00, with 60 consecutive calendar days of contract time. (For full text, see communication on file in the City Clerk's Office.) Mr. Carder offered the following emergency ordinance: (#35577-091701) AN ORDINANCE accepting the bid of Hoffend South, Inc., for assisting with removal of the old fire curtain and for the fabrication and installation of a new reef rigged fire curtain in the Civic Center Auditorium, 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. 64.) Mr. Carder moved the adoption of Ordinance No. 35577-091701. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor Smith ............................................................................................................ -6. NAYS: None .......................................................................................... 0. (Council Member White was absent.) CITY CODE-ARCHITECTURAL REVIEW BOARD: The City Manager submitted a communication advising that a committee appointed by City Council in January 2001, reviewed and made recommendations regarding restructuring various City authorities, boards, commissions and committees; many of the recommendations set forth in the April 2, 20001 report have been implemented, however, one recommendation made by the committee was to amend Section 36.1-640 of the Zoning Ordinance to delete certain requirements for appointment and membership of Architectural Review Board; in order to proceed with the proposed amendment change, City Council must adopt a resolution authorizing the filing of an amendment to the Code; since the request requires amendment to the Zoning Ordinance, State law requires that amendments be submitted to the City Planning Commission for study, public hearing, and recommendation prior to adoption by City Council; and the City Planning Commission would consider the proposed amendment at its meeting on Thursday, October 18, 2001. ]7 It was further advised that the terms of office of two members of the Architectural Review Board will expire in October 2001, and appointments will be considered by City Council prior to the expiration date; and the proposed amendment will not be effective until after the expiration of the terms of office. The City Manager recommended that Council adopt a resolution authorizing the filing of a request to amend Section 36.1-640, Code of the City of Roanoke (1979), as amended. (For full text, see communication on file in the City Clerk's Office.) Mr. Carder offered the following resolution: (#35578-091701) A RESOLUTION authorizing the City Manager to seek an amendment of §36.1-640, Architectural Review Board, of the Code of the City of Roanoke (1979), as amended, to eliminate certain qualifications for membership on the Architectural Review Board. (For full text of Resolution, see Resolution Book No. 64.) Mr. Carder moved the adoption of Resolution No. 35578-091701. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Carder, Harris, Wyatt, Bestpitch, and Mayor Smith---5. NAYS: None .......................................................................................... 0. (Council Member White was absent. Council Member Hudson was out of the Council Chamber.) CITY CODE-ZONING: The City Manager submitted a communication advising that the current Zoning Ordinance adopted in 1987, does not adequately address printing establishments in the City's commercial and industrial districts; an amendment to the Zoning Ordinance is needed to appropriately provide for printing establishments that are typically found in both commercial and industrial districts and to provide vital supporting services for many businesses and industries; and if City Council desires to pursue said amendment, a resolution should be adopted authorizing the City Manager to request the City Planning Commission to consider the amendment to the Zoning Ordinance. The City Manager recommended that Council adopt a resolution authorizing a request that the Planning Commission consider an amendment to the Zoning Ordinance to provide for commercial printing establishments, including newspapers, publications, and other printed materials, in C-2, General Commercial District, C-3, Central Business District, and LM, Light Manufacturing District. (For full text, see communication on file in the City Clerk's Office.) Mr. Carder offered the following resolution: (#35579-091701) A RESOLUTION authorizing the City Manager to seek an amendment of §36.1-206, Permitting uses, §36.1-227, Permitted uses, and §36.1-249, Permitted Uses, of the Code of the City of Roanoke (1979), as amended, to provide for commercial printing establishments, including newspapers, publications and other printed materials, as permitted uses in the C-2, General Commercial District, C-3, Central Business District, and LM, Light Manufacturing District, of the City of Roanoke. (For full text of Resolution, see Resolution Book No. 64.) Mr. Carder moved the adoption of Resolution No. 35579-091701. The motion was seconded by Mr. Harris. Mr. Martin Jeffrey, 3912 Hyde Park Drive, S. W., appeared before Council and advised that he was unaware that the regular meetings of the Board of Zoning Appeals were not televised. He expressed concern with regard to the City providing $500,000.00 to the Roanoke-Times to assist with construction of its new facility, and the Board of Zoning Appeals granting the necessary zoning variances for the Roanoke Times to move forward with the project. He also expressed concern that no environmental issues were addressed at the Board meeting, and appealed to City Council to rethink its decision with regard to the matter. Mr. R~e.r~.~s, 3590 Kasey Road, Salem, Virginia, appeared and advised that he has~ee~~e decision by the Board of Zoning Appeals to grant a special exception to the Roanoke-Tiimes. He requested that adoption of an amendment to the Zoning Ordinance be deferred until after the matter had been decided by the Courts. Mr. Bespitch clarified for the record that Council was not making a decision to make an actual change to the Zoning Code, but to authorize the City Manager to initiate the process to draft an amendment which will require a public hearing between the City Council and the City Planning Commission on Monday, October 18, 2001. He mentioned that the public hearing will allow for public input prior to a decision being made by City Council. There being no further discussions, Resolution No. 35579-091701was adopted by the following vote: AYES: Council Members Carder, Harris, Wyatt, Bestpitch, and Mayor Smith---5. NAYS: None .......................................................................................... 0. (Council Member White was absent.) (Council Member Hudson was out of the Council Chamber.) CITY ATTORNEY: AUDITS/FINANCIAL REPORTS-MUNICIPAL AUDITOR-SCHOOLS: The City Attorney submitted a report transmitting measures authorizing the Municipal Auditor to perform audits of the records and affairs of the Roanoke City School Board, and providing that City Council's Audit Committee confer with the Roanoke City School Board Audit Committee to develop a plan for such audits. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency ordinance: (#35580-091701) AN ORDINANCE directing and providing for audits of certain affairs and records of the School Board of the City of Roanoke, and dispensing with the second reading of this ordinance. (For full text of Ordinance, see Ordinance Book No. 64.) Ms. Wyatt moved the adoption of Ordinance No. 35580-091701. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Carder, Harris, Wyatt, Bestpitch, and Mayor Smith---5. NAYS: None ......................................................................................... -0. (Council Member White was absent.) (Council Member Hudson was out of the Council Chamber.) Ms. Wyatt offered the following resolution: (#35581-091701) A RESOLUTION authorizing and directing City Council's Audit Committee and the Municipal Auditor to develop an audit plan for the Municipal Auditor to conduct continuing financial and performance audits of the affairs and records of the School Board. (For full text of Resolution, see Resolution Book No. 64.) Ms. Wyatt moved the adoption of Resolution No. 35581-091701. The motion was seconded by Mr. Harris. The Mayor advised that it is his understanding there has been some resistance by the School Board to allow the City Auditors to examine their records; and requested the City Attorney to provide City Council with certain remedies that could be taken. The City Attorney advised that he was unaware of resistance by the School Board; and that City Council has adopted measures pursuant to Section 56 of the Roanoke Charter of 1952 to develop the type of audit that has been requested. Mayor Smith inquired as to whether an ongoing audit of the School Board affairs would be performed. Whereupon, the City Attorney responded that he was unaware of an ongoing audit, and stated that the Roanoke City School Board Audit Committee was developing standards for audits pursuant to guidelines provided by the Municipal Auditor. Mr. Harris objected to the comments of the Mayor. He stated that the comments were unfair, false, inflammatory accusations made for the purposes of the r mediation and correction or solution of the audit difficulties; and Mayor to be far more responsible in the statements. He requested that the Mayor control his inflammatory comments directed at the School Board for the sake of what is true and what is accurate. The Mayor completed his comments by saying when he was elected to office, it is his responsibility to look after the entire City and whatever one's opinion is with regard to the way he handles issues, he is looking after the City's affairs. There being no further comments, Resolution No. 35581-091701 was adopted by the following vote: AYES: Council Members Carder, Harris, Wyatt, Bestpitch, and Mayor Smith---5. NAYS: None .......................................................................................... 0. (Council Member White was absent.) (Council Member Hudson was out of the Council Chamber.) DIRECTOR OF FINANCE: PURCHASE/SALE OF PROPERTY-CITY CODE-DELINQUENT TAXES: The Director of Finance submitted a report advising that Section 58.1-3965 of the Code of Virginia governing the Bill in Equity ("Tax Sale") process specifies when land may be sold for delinquent taxes; the Code currently states that real estate may be sold when taxes are delinquent on December 31 following the second anniversary date on which such taxes have become due; effective July 1, 2000, Section 58.1-3965.1 of the Code of Virginia became effective which provides that a city may also, by ordinance, institute proceedings to sell in accordance with law any real estate when any taxes on such real estate are delinquent on December 31 following the first anniversary of the date on which such taxes have become due; since Escheat laws were effectively eliminated in 1996, tax sales have become necessary as a standard part of the City's delinquent real estate tax collection efforts; and recent tax sales have been successful and instrumental in increasing delinquent tax collections as well as turning property over to productive use thereby improving neighborhoods. It was further advised that the City has encountered several circumstances where the property owner is decease, where the heirs request that a property be sold, and where the City stands to incur demolition/board-up or weed/trash abatement expenses; if said property could be turned over quicker to a responsible property owner, without having to wait for two years of delinquent taxes to accumulate prior to instituting a tax sale, the City would benefit; and as in the past, a list of delinquent properties has been brought to City Council in which taxes are delinquent for two years or more and Council has adopted a resolution authorizing proceedings for their sale. The Director of Finance recommended that Council adopt an ordinance enacting Section 32-26, Code of the City of Roanoke (1979), as amended, which provides the authority for the City to institute proceedings to sell, in accordance with Section 58.1-3965 et. seq., Code of Virginia, any real estate when any taxes on said real estate are delinquent on December 31 following the first anniversary of the date on which said taxes have become due. (For full text, see report on file in the City Clerk's Office.) Mr. Bestpitch offered the following emergency ordinance: (#35582-091701) AN ORDINANCE amending Article II, Real Estate Taxes Generally, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, by the enactment of new §32-26, Sale of Real Estate for Delinquent Taxes, to provide for the sale of property on which assessed real estate taxes have remained delinquent for one year; and dispensing with the second reading of this ordinance. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Bestpitch moved the adoption of Ordinance No. 35582-091701. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor Smith ............................................................................................................. 6. NAYS: None .......................................................................................... 0. (Council Member White was absent.) REPORTS OF COMMITTEES: BRIDGES-COMMUNITY PLANNING: The City Planning Commission submitted a report advising that in April 2000, the City Planning Commission considered a request from Evelyn D. Bethel to rename a section of Second Street, S. W., and to name the new bridge spanning the railroad tracks, Gainsboro Road and Gainsboro Bridge, respectively; the recommendation of the City Planning Commission was not to change the name of the section of Second Street, but to rename the bridge; on May 15, 2000, City Council considered the request and denied both name changes; in January 2001, Ms. Bethel again requested that the name of the new bridge on Second Street, S. W., be changed and officially renamed Gainsboro Bridge; she advised that the bridge would honor Kemp Gaines, an early founder of Roanoke, and that the bridge was situated in Gainsboro, RoanokeFIs oldest neighborhood; after researching the previous request and consultation with City staff, it was recommended that the Planning Commission discuss the renaming of the Second Street Bridge to Gainsboro Bridge. The Planning Commission reaffirms its recommendation to rename the Second Street, Gainsboro Bridge, for further consideration by City Council. (For full text, see report on file in the City Clerk's Office.) Mr. Carder offered the following resolution: (#35583-091701) A RESOLUTION renaming the Second Street Bridge as the Gainsboro Bridge. (For full text of Resolution, see Resolution Book No. 64.) Mr. Carder moved the adoption of Resolution No. 35583-091701. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor Smith ............................................................................................................ -6. NAYS: None .......................................................................................... 0. (Council Member White was absent.) 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: Council Member Wyatt called upon the citizens of Roanoke to perform good deeds on a daily basis as the Nation begins to heal as a result of the terrorists' attacks in New York, Washington and Pennsylvania on Tuesday, September 11. PARKS AND RECREATION-CELEBRATIONS-COUNCIL: Council Member Carder announced that the Taste of the Blues and Jazz Festival would be held on September 21 - 22, 2001, in Elmwood Park. Mr. Carder stated that he served on a committee established by the City Manager to recognize the late Dr. Martin Luther King, Jr.; the committee met several times and held forums to receive public input; and in August 2001, the committee unanimously recommended to the City Manager that Elmwood Park should be renamed Martin Luther King Park. Mr. Carder moved that the City Manager and the City Clerk be directed to schedule a public hearing before Council to receive citizen input with regard to the committee's recommendation. The motion was seconded by Mr. Bestpitch and adopted. CITY CLERK-ACTS OF ACKNOWLEDGEMENT-COUNCIL: Council Member Bestpitch noted that in the mist of all the national tragedies, Council Member White and the City Clerk, respectively, had lost loved ones within the last week, and asked the citizens of Roanoke to keep them in their thoughts and prayers through the coming days. COUNCIL-EMERGENCY SERVICES: Council Member Hudson commented that the American Legion Post No. 3 had contributed $10,000.00 towards the relief efforts as a result of the tragic events that occurred on Tuesday, September 11; and further commented that the American Legion would meet on Thursday, September 20 at 7:00 p.m., at 710 Apperson Drive, S. W., to discuss various ways to raise funds towards said relief efforts. COUNCIL-EMERGENCY SERVICES: The Mayor advised that he had visited the World Trade Center in July 2001, and had toured the Emergency Services Bunker which was located on the 20th floor; he was impressed with the procedures and the state of the art equipment that was in place relative to any confrontation that the City of New York might have encountered; and that everything was located in one central location with no backup for emergency purposes. Upon his return, t~e he met with the City Manager to discuss the City's emergency services and called upon Ms. Burcham for a status report of the review process. The City Manager stated that when the tragedy occurred in New York on Tuesday, September 11, the City of Roanoke went to emergency preparedness, with all departments clearly responding in the appropriate manner. Ms. Burcham advised that a report would be submitted at a later date. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that this is a time for citizens to be heard; and matters requiring referral to the City Manager will be referred immediately for response, report or recommendation to Council. CO ~ ~...~ /.. : ~ Mr. Martin Jeffrey, 3912 Hyde Park Drive, S. W., appeared before Council in support of comments made by Council with regard to the tragic events on Tuesday, September 11; and requested Council to rethink its policy with regard to the treatment of citizens who appear on public matters. At 4:35 p.m., the Mayor declared the meeting in recess. At 5:05 p.m., the meeting was reconvened with Mayor Smith presiding, and all Members of the Council in attendance, with the exception of Council Member White. COUNCIL: With respect to the Closed Meetings just concluded, Mr. Harris 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. Carder and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor Smith ............................................................................................................... 6. NAYS: None .......................................................................................... 0. (Council Member White was absent.) OATHS OF OFFICE-COMMITTEES-PERSONNEL DEPARTMENT: The Mayor advised that there is a vacancy on the Personnel and Employment Practices Commission created by the ineligibility of Elizabeth M. Legg for reappointment, and called for nominations to fill the vacancy. Council Member Wyatt placed in nomination the name of Tamara S. Asher. 25 There being no further nominations, Tarmara S. Asher was appointed as a member of the Personnel and Employment Practices Commission for a term ending June 30, 2004, by the following vote: FOR MS. ASHER: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch and Mayor Smith ............................................................................................... 6. (Council Member White was absent.) At 5:10 p.m., the Mayor declared the Council meeting in recess to be reconvened at 5:15 p.m., in the Emergency Operations Center Conference Room, Room 159, Noel C. Taylor Municipal Building, S. W., for a joint meeting of Council and the Board of Zoning Appeals. The Mayor called the joint meeting of the Roanoke City Council and the Board of Zoning Appeals to order at 5:10 p.m., and relinquished the Chair to the Vice- Mayor. Chairman Benjamin Motley called the special meeting of the Board of Zoning Appeals to order. The invocation was delivered by Council Member C. Nelson Harris. The meeting was recessed for lunch. Chairman Motley advised that Willard G. Light had submitted his resignation as a member of the Board of Zoning Appeals; and Clay Grogan planned to submit his resignation as a member of the Board of Zoning Appeals due to a job transfer. Mr. Motley presented a brief overview of the Annual Report of the Board of Zoning Appeals. (For full text, see copy of Annual Report on file in the City Clerk's Office.) Mr. Carder mentioned that a committee appointed to review Council's appointed authorities, boards, commissions and committees made its recommendations on April 2, 2001; there were various issues that needed to be addressed with regard to the Board of Zoning Appeals; and one of the recommendations was to increase the Board's membership from five to seven members. Ms. Burcham stated that the increase in membership was one of the items and the other one dealt with powers vested in the Board of Zoning Appeals; the City Charter has vested more authority in the Board than is typical in other communities; and likewise in other communities, the appointment of Board members is often left to the judicial system rather than government. She further stated that the above issues would be discussed at the Legislative Affairs Committee in November 2001. Mr. Hudson expressed concern with regard to several calls received from a citizen regarding the zoning requirements of a parcel of land located at 24th Street and Shenandoah Avenue, N. W.; and inquired if the Board of Zoning Appeals had jurisdiction over the matter. The City Manager interjected that the matter was a zoning issue, and would need to be addressed by the City Planning Commission. Mr. Hudson also expressed concern about a complaint regarding a convenience store that no longer existed on Eighth Street and Patterson Avenue, S.W. Whereupon, the Zoning Administrator advised that the citizen had filed an application to waive the two-year statue of limitatio~on the non-conforming status; and although the property is residentially zoned,qis a commercial building. Ms. Dorsey further advised that the buildIng had been vacant for approximately five years, that the applicant was encouraged to seek a rezoning of the property; and upon realizing the legal expenses involved, the applicant withdrew the petition. Ms. Wyatt expressed concern with regard to the attendance of the Board members; and inquired about the Board's meeting time schedule. Mr. Motley advised that the meetings had been adjusted from time to time, and suggested that Council press the issue of attendance during the interview process in connection with filling vacancies on the Board. Mr. Motley mentioned various issues viewed bythe Board, and highlighted the following three different components of the Board: the ordinance describing the boundaries, the board membership, and issues related to City staff and the procedures that are in place for the filing of an application. The City Manager verified the comments and stated that any issues relating to the staff and procedures should be addressed by the Administration. Mr. Motley pointed out that the issue of telecommunication towers needed to be addressed, and some type of technical review should be established. He stated that the Board does not have technical expertise to review anything extremely technical, and suggested that an independent viewer or committee be considered to address the ordinance and telecommunication. He further stated that a regional- wide program should be developed, not just for the City of Roanoke, but for the surrounding localities. Discussion was held with regard to telecommunication. 27 Mr. Motley called attention to signage, used car lots, and group care facilities and asked that additional clarification be included in the Zoning Ordinance. He stated that in some model codes, the jurisdictions provide a commentary which describes the intent, and suggested that the Council give the matter consideration. Ms. Wyatt expressed concern with regard to adult homes that do not have green space or communal living areas for the residents, and suggested that owners not be licensed unless certain requirements are implemented. The Vice-Mayor called on the City Attorney for comments. Mr. Hackworth stated that the Zoning Ordinance should be clear with regard to guidelines. Ms. Burcham encouraged comments from the Board Members and citizens with regard to the redrafting of the Zoning Ordinance; and said the City has to recognize that it is a changing community and to be prepared to revisit documents such as the Comprehensive Plan, the Zoning Ordinance, etc., more frequently. In summary, Mr. Motley stated that the overall process of the Board of Zoning Appeals works well; and complimented City staff for their assistance. There being no further business, at 6:10 p.m., the Mayor declared the meeting in recess to be reconvened at 7:00 p.m., in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke. On Monday, September 17, 2001, 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., Linda F. Wyatt, William D. Bestpitch, and Mayor Ralph K. Smith .......... 6. ABSENT: Council MemberWilliam White, Sr.- ............................................ 1. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney, James D. Grisso, Director of Finance; and Stephanie M. Moon, Deputy City Clerk. The reconvened meeting was opened with a prayer by Council Member William D. Bestpitch. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. ACTS OF ACKNOWLEDGEMENT-PARKS AND RECREATION: Ms. Wyatt offered the following resolution expressing the support of City Council and the citizens of Roanoke for their city and their nation and directing that the Roanoke Star on Mill Mountain shine as a visible symbol of Roanoke's patriotism and pride: (#35584-091701) A RESOLUTION expressing the support of City Council and the citizens of Roanoke for their city and their nation and directing that the Roanoke Star on Mill Mountain shine as a visible symbol of Roanoke's patriotism and pride. (For full text of Resolution, see Resolution Book No. 64.) Ms. Wyatt moved the adoption of Resolution No. 35584-091701. 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 ............................................................ ~ ................................ 6. NAYS: None .......................................................................................... 0. (Council Member White was absent.) COUNCIL-MUNICIPAL AUDITOR: Mr. Harris offered the following resolution electing and appointing Troy Andrew Harmon as Acting Municipal Auditor for the City of Roanoke effective 12:01 a.m., on September 28, 2001, and setting forth the terms and conditions of employment for Mr. Harmon as Acting Municipal Auditor: (#35585-091701) A RESOLUTION electing and appointing Troy Andrew Harmon as Acting Municipal Auditor for the City of Roanoke effective 12:01 a.m., on September 28, 2001, and setting forth the terms and conditions of employment for Mr. Harmon as Acting Municipal Auditor. (For full text of Resolution, see Resolution Book No. 64.) Mr. Harris moved the adoption of Resolution No. 35585-091701. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor Smith .............................................................................................................. -6. NAYS: None .......................................................................................... 0. (Council Member White was absent.) 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, September 17, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Messrs. Larry Bly and W. Martin Hall that property located at 322 Bullitt Avenue, S. E., identified as Official Tax No. 4012516, be rezoned from LM, Light Manufacturing District, to C-1, Office District, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on August 31,2001, and September 7, 2001; and in The Roanoke Tribune, on Thursday, September 13, 2001. (See publishers' affidavits on file in the City Clerk's Office.) The Planning Commission recommended that Council approve the request for rezoning to C-1, Office District, with no proffered conditions. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency ordinance: (#35586-091701) AN ORDINANCE to amend {}36.1,3, Code of the City of Roanoke (1979), as amended, and Sheet No. 401, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, and dispensing with the second reading of this ordinance. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35586-091701. 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. 35586-091701 was adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor Smith ............................................................................................................... 6. NAYS: None ......................................................................................... 0. (Council Member White was absent.) The Mayor declared the public hearing closed. 3O 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, September 17, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Kayser Properties, LLC, that a portion of Old Thirlane Road, N. W., bounded by the west by 1-581 and the east by property identified as Official Tax No. 6520106, be vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, August 31, 2001, and Friday, September 7, 2001. (See publisher's affidavit on file in the City Clerk's Office.) The Planning Commission recommended that Council approve the partial closure of Old Thirlane Road, N. W., which is undeveloped and has little future value to serve the City's interest. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency ordinance: (#35587-091701) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading of this ordinance. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35587-091701. 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. 35587-091701 was adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor Smith ............................................................................................................ -6. NAYS: None .......................................................................................... 0. (Council Member White was absent.) The Mayor declared the public hearing closed. 3] 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, September 17, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Lewis J. Pillis that a 12-foot wide alley extending between 2701 -2729 Richelieu Avenue, S. W., identified as Official Tax Nos. 1062312 - 1062318, inclusive, be vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, August 31, 2001, and Friday, September 7, 2001. (See publisher's affidavit on file in the City Clerk's Office.) The City Planning Commission recommended that Council approve closure of the paper alley contingent upon the following items, pursuant to staff recommendation: The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Said plat shall combine all properties which would otherwise 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, and retain appropriate easements for installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of 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 such fees and charges as required by the Clerk to effect such recordation. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the 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 one year from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. (For full text, see report on file in the City Clerk's Office.) Mr. Carder offered the following emergency ordinance: (#35588-091701) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading of this ordinance. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Carder moved the adoption of Ordinance No. 35588-091701. 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 request. There being none, Ordinance No. 35588-091701 was adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor Smith ............................................................................................................ -6. NAYS: None ......................................................................................... -0. (Council Member White was absent.) The Mayor declared the public hearing closed. BONDS/BOND ISSUES-SCHOOLS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, September 17, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to participation in the 2001 Interest Rate Subsidy Program Bond Sale - VPSA School Financing Bonds, Series 2001B, to be used for improvements at Fairview Elementary and Fishburn Park Elementary Schools, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, August 23, 2001. (See publisher's affidavit on file in the City Clerk's Office.) 33 The Mayor advised that on August 20 the Roanoke City School Board recommended that the City Manager be authorized and directed to file an application with the Virginia Public School Authority seeking bond financing in an amount not to exceed $2,750,000.00 to finance capital improvements in connection with Fairview Elementary School; and an amount not to exceed $2,500,000.00 to finance certain capital improvements in connection with Fishburn Park Elementary School. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, no action was taken with regard to the matter. The Mayor declared the public hearing closed. SEWERS AND STORM DRAINS-CITY PROPERTY-CABLE 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, September 17, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to granting an easement across City-owned property to CoxCom, Inc., d/b/a Cox Communications Roanoke, for the purpose of constructing, owning, and operating a communication line, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, September 7, 2001, and Friday, September 14, 2001. (See publisher's affidavit on file in the City Clerk's Office.) A communication from the City Manager advising that CoxCom Inc., d/b/a Cox Communications Roanoke (Cox) currently provides service to the Fire Station from American Electric Power's overhead facilities; a fifteen-foot easement across the Fire Station property has been requested by Cox to extend the line to provide service to the adjacent property owner located at 1325 Jamison Avenue, S. E.; and Cox has agreed to relocate said facilities one time, if necessary, at the sole expense of the grantee, was before also Council. The City Manager recommended that following a public hearing, she be authorized to execute the appropriate documents granting a fifteen-foot easement across City-owned property to CoxCom, Inc., d/b/a Cox Communications Roanoke. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris offered the following emergency ordinance: 34 (#35589-091701) AN ORDINANCE authorizing the donation and conveyance of an easement across City-owned property located at 1333 Jamison Avenue, S. E. (Fire Station No. 6) to CoxCom Inc., d/b/a Cox Communications Roanoke, upon certain terms and conditions, and dispensing with the second reading of this ordinance. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35589-091701. The motion was seconded by Mr. Bestpitch. The Mayor inquired if there were persons present who would like to address Council with regard to the request. There being none, Ordinance No. 35589-091701 was adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor Smith ............................................................................................................. 6. NAYS: None .......................................................................................... 0. (Council Member White was absent.) The Mayor declared the public hearing closed. SEWERS AND STORM DRAINS-CITY PROPERTY-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, September 17, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to the proposed vacation of a public easement on Churchill Drive, N. W., the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, September 9, 2001. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Manager advising that the original Subdivision Plat for Section 3 of Dorchester Court designated Lots 3 and 4 of Block 19 as "Seepage Area"; in 1959, a perpetual easement to construct a storm drain was conveyed to the City as shown on Plan No. 4384; in the late 1980's, the Williamson Road Storm Drain Project was constructed to relieve the drainage problems in this area, and removed the need for said seepage area; the property owner has requested that the City abandon the easement so that the property may be utilized; the parcels involved are Official Tax Nos. 2270703 and 2270704; and vacation of the easement will allow the lots to be used for residential purposes, was also before Council. The City Manager recommended that following the public hearing, Council authorize the vacation of the public easement across the abovedescribed properties. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris offered the following emergency ordinance: (#35590-091701) AN ORDINANCE authorizing the vacation of certain drainage easements on property identified as Official Tax Map Nos. 2270703 and 2270704 located on Churchill Drive, N. E., upon certain terms and conditions, and dispensing with the second reading of this ordinance. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35590-091701. 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. 35590-091701 was adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, Wyatt, Bestpitch, and Mayor Smith .............................................................................................................. 6. NAYS: None .......................................................................................... 0. (Council Member White was absent.) The Mayor declared the public hearing closed. OTHER HEARING OF CITIZENS: The Mayor advised that Council sets this time as a priority for citizens to be heard; and matters requiring referral to the City Manager will be referred immediately, without objection by Council, for response, report or recommendation to Council. COMPLAINTS-SCHOOLS: Ms. Elaina Loritts, 4827 Rutgers Street, N. W., appeared before Council and expressed concern with regard to the disrepect that has been displayed towards minority professionals employed with the City of Roanoke and/or serves on authorities, boards, commissions and committees appointed by Council. She asked that all individuals be treated with respect. COMPLAINTS-CITY EMPLOYEES: The following persons addressed Council with regard to unfair treatment of certain City employees: Mr. Tony Chapman, 1523 Compton Street, N. E., Apartment 18, stated that he has been employed with the City of Roanoke for 21 years; and expressed concern about unequal treatment and discrimination of City employees for internal promotions. Mr. Ted Kaplan, 4862 Old Mountain Road, N. W., expressed condolences to the family of Karen Witt, a Customer Service Assistant with the Police Department; and expressed concern with regard to withheld merit increases for certain City employees. He requested that the merit increases be retroactive, effective July 1, 2001. Mr. Michael Randolph, Vice-President, American Federation of State, County and Municipal Employees, expressed concern with regard to treatment of City employees in the workplace; and offered the following overview of major concerns with regard to City employees: City employees on a certain pay level are not offered equitable treatment compared to employees on a higher pay level; Discrimination in the workplace, employees cannot expect nor receive a fair evaluation; Lack of respect, recognition and appreciation for jobs well done, which is clearly visible in lack of promotions and/or merit increases; Discouragement of problem solving; and Low employee morale; Mr. James Croan, 914 Old Country Club Road, N. W., stated that the minority employees are being mistreated, and are afraid to speaker out in fear of retaliation or dismissal. Mr. Harold Johnson, 1726 Patterson Avenue, S. W., advised that he had recently applied for a position with the Sanitation Department, which was readvertised for lack of qualified applicants; and questioned the reason for the readvertisement since he has been employed with the City for approximately 16 years. Mr. Jeff Artis, publisher of the Artis Group. Com, 1450 Lafayette Boulevard N. W., commented on the SCLC's attempt to keep certain fire stations opened in the black community. 37 Mr. Donald Maddox, 3540 Melcher Street, S. E., expressed concern with regard to the cost of the City's health insurance; and inquired about the closing of the fire station located on Bennington Street and Riverland Road, S. E. Mr. Robert Gravely, 617 Hanover Avenue, N. W., expressed concern with regard to underpaid and overworked City employees, as well as the mistreatment of blacks in the community. Ms. Helen Davis, 35 Patton Avenue, N. E., expressed concern with regard to the proposed closing of the various fire stations: Fire Station No. 12 on Salem Turnpike, N. W., No. 9 at 24th Street and Melrose Avenue, N. W., No. 5 at 12th Street and Loudon Avenue, N. W., No. 3 at 6th Street and Rorer Avenue, N. W., No. 1 in downtown; and stated that the closing would rob the community of services that it deserves. Ms. Evelyn Bethel, 35 Patton Avenue, N. E., expressed concern with regard to accusations shared by City employees and the draft proposal on the closing of fire stations; and requested the Members of Council to assist the City employees with resolving their issues. Ms. PerinellerWilson, 3045 Willow River, N. W., expressed concern with regard to discrimination in the City, as well as the closing of the fire stations; and stated that the Roanoke Chapter, SCLC, opposed the closing of the fire stations within the following vicinities: Melrose Towers, Methodist Home, Forest Park Elementary School, Fairview Elementary School, Honey Tree Day Care Center, Westside Elementary School, William Fleming High School, William Ruffner Middle School, Roanoke Academy for Mathematics and Sciences, Burrell Home for Adults, as well as 16 churches within the inner-city. Ms. Annie Krochalis, 9428 Patterson Drive, Bent Mountain, Virginia, expressed concern with regard to experiences of certain City employees, and referenced a "non-disciplinary" action that placed her off the job for four months, and thereafter moved to an unused floor at the Main Library whereby she was alone for an additional five months. Ms. Angela Norman, 1731 Michael Street, N. W., stated tha/~)the employees who had appeared were not disgruntled employ~,,~/but representatives for many City employees who are fearful to come forward. She further stated that discrimination and retaliation co~e behind closed doors and suggested that City Council not be mis! promotions of a few black employees. Ms. Norman also acEused management~ndorsing and not disclosing promotional decisions and pay bon ~t/l~J~at are subjective based on "who plays the game" and not who is qualified; and suggested that an outside organization be retained to monitor the hiring and promotion process because the City cannot police itself. PARKS AND RECREATION: Mr. Chris Hynes, 405 Arbor Avenue, S. E., and Mr. Duane Howard, 508-B Walnut Avenue, S. W., commended City Council for adopting a resolution directing that the Roanoke Star on Mill Mountain shine as a visible symbol of Roanoke's patriotism and pride, and be illuminated in America's colors of red, white and blue as soon as possible for a period of 30 days. It was requested that the public be notified of the lighting. Mr. Howard requested that Council authorize citizens to have access to the Mill Mountain Star 24 hours a day rather than on a limited daily basis. There being no further business, the Mayor declared the meeting adjourned at 8:05 p.m. APPROVED ATTEST: Stephanie M. Moon City Clerk Ralph K. Smith Mayor RALPH K. SMITH Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 October 18, 2001 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: I wish to request a Closed Meeting to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. ~R~ ~~ ~~~.rely' p Smith Mayor RKS:sm H:\Agenda.01\Closed Session on Vacancies.wpd RALPH K. SMITH Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 October 18, 2001 Council Members: William D. Bestpitch William H. Carder C. Nelson Harris W. Alvin Hudson, Jr. William White, Sr. Linda F. Wyatt The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: I wish to request a Closed Meeting to discuss personnel matters, specifically interviews for appointments to the Architectural Review Board, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, Mayor RKS:sm N:\cksml~Agenda.Ol\Closed Session on appointments.wpd RECEIYED (filly CLERKS OFFtCE Office of the City Manager October 18, 2001 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Smith and Members of Council: This is to request that City Council convene a closed meeting to discuss the 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 §2.2- 3711(A)(3), of the Code of Virginia (1950), as amended. Sincerely, City Manager dLb/f C~ City Attorney Director of Finance City Clerk Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb :www. ci.raanoke.va.us RECEIVED CITY CLER½S OFF "" Office of the City Manager '01 OCT-9 P4:15 October 18, 2001 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Smith and Members of Council: This is to request that City Council convene a closed meeting to discuss the 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 §2.2- 3711(A)(3), of the Code of Virginia (1950), as amended. Sincerely, D a~'~'~~j City Manager DLB/f C: City Attorney Director of Finance City Clerk Room 364 Municipal South 215 Church Avenue, S.W, Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci .roanoke.va .us MINUTES OF ROANOKE CITY COUNCIL AUDIT COMMITTEE October 1, 2001 RECEIVED CITY CLERKS OFFICE 1. CALL TO ORDER: '01 OCT 10 Al0:04 The meeting of the Roanoke City Audit Committee was called to order at 11:00 a.m. on Monday, October 1, 2001, with Chairman, William White, Sr., presiding. · The roll was called by Mrs. Powers Audit Committee Members Present: William White, Sr., Chairman Mayor Ralph K. Smith William H. Carder W. Alvin Hudson Linda F. Wyatt Others Present: Drew Harmon, Acting Municipal Auditor Darlene L. Burcham, City Manager Chip Snead, Assistant City Manager for Operations Rolanda Johnson, Assistant City Manager for Community Development William M. Hackworth, City Attorney James D. Grisso, Director of Finance David C. Anderson, City Treasurer Mike Tuck, Senior Auditor Pamela C. Mosdell, Senior Auditor Kevin A. Nicholson, Senior Auditor Brian M. Garber, Auditor Evelyn W. Powers, Administrative Assistant FINANCIAL RELATED AUDITS: Meter Replacement Police Department Cash Funds Audit Findings Follow-Up Mr. White ordered that the financial audits be received and filed. There were no objections to the order. Mr. White recognized the Municipal Auditor's staff for comments. Mr. Tuck briefed the Committee on the Meter Replacement audit. Mr. White questioned if this audit was a Financial audit or a Performance audit. Mr. Harmon stated that the audit was a controls evaluation audit, which is a type of performance audit. Mr. White asked if performance audits address efficiency and effectiveness of operations. Mr. Harmon stated that was correct. There were no further questions. Audit Committee Minutes Page 2 Mr. Garber briefed the Committee on the Police Department Cash Fund. Mr. Hudson questioned how long it would take for the recommendations to be implemented regarding all of the audits presented today. Mr. Harmon explained that the Police Department audit was performed annually, and the recommendations on this year's audit would be evaluated during next year's audit. Mr. Hudson asked how long for the audits that are not performed annually? Mr. Harmon explained to the Committee that after each audit all reportable conditions are entered into a database and a target date for implementing corrective plans is placed into the database. Annually, a follow-up is done on each department to verify that all corrective plans were implemented. Mr. White called on Ms. Burcham to comment. Ms. Burcham reported that the departments should start taking care of the recommendations immediately. Ms. Burcham said that she had already talked with the City Attorney to prepare a resolution to correct the problem with the collection of fees stated in the Police audit. Social Services plans were held up due to negotiations with the software company to purchase software. Ms. Burcham explained that some departments could take longer to fix the problems due to funding. She also reported that there has been a great deal of progress made since last year regarding clearing departments from the annual findings follow-up. Mr. Harmon briefed the Committee on the Audit Findings Follow-up audit. Mr. Harmon assured the Committee that the six departments that had not completed implementing their plans were making progress. There was a significant amount of discussion regarding the Fleet Management department, the past problems in that areas, and the possibilities for outsourcing. Mr. Harmon stated that another audit in Fleet Management is scheduled for this year. Mayor Smith and Mr. Carder raised an issue about the lack of data regarding costs to operate vehicles/equipment. Mr. Grisso, Ms. Burcham, and Mr. Harmon discussed the changes to fleet systems and informed the Committee that a new team is looking at the feasibility of enterprise systems that would provide better cost accounting information. 3. UNFINISHED BUSINESS: None. 4. NEW BUSINESS: Municipal Auditing 2002 Audit Plan Briefing on Management Assistance Work · City Market Building · Warehouse Closing D.A.R.E. Account Mr. White ordered that the Municipal Auditing 2002 Audit Plan be received and filed. There were no objections to the order. Mr. Harmon briefed the Committee on the 2002 Audit Plan. The Committee discussed the number of audit hours assigned for school audits and school activity funds. The Mayor noted that the number of audit hours Audit Committee Minutes Page 3 assigned to activity fund audits versus other school audit work translates into a higher audit cost per budget dollar covered. The Committee expressed an interest in using unassigned hours to perform additional school audits. Mr. White noted that a joint meeting with the School Board Audit Committee would occur soon; at which time the school audit plan will be set. It was noted that the auditing department had not undertaken any audit work in the schools since the August 20th Council meeting, pending development of the annual audit plan by the City and School Board. Mr. Harmon briefed the Committee on the Management Assistance Work. Mr. Harmon stated that Economic Development staff had asked that he take a look at the City Market Lease. Ms. Burcham said that there have been some concerns by the tenants in the Market Building. She said she would use this information to help negotiate a new, more equitable contract. She said that this type of work by the audit department was most helpful in assisting management in making good decisions. Mr. Harmon reported to the Committee that the Warehouse would be closing and that audit has looked at the procedures for moving forward with this decision. Mr. Harmon reported to the Committee that the department had received an anonymous letter regarding the D.A.R.E. donations. The department has done some preliminary work and the problem seems to be an accounting issue with the donated money. Auditing will keep you informed as we have more accurate details. There seems to be no fraud or misappropriation of funds, strictly an accounting issue. ADJOURNMENT: There being no further business, the meeting adjourned at 11:50 a.m. William White, Sr., Chairman CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk October 22, 2001 File #15-110-178-192-200 Patti K. Hanes, Secretary New Construction Code, Board of Appeals Roanoke, Virginia Dear Ms. Hanes: This is to advise you that Edward S. Colonna has qualified as a member of the New Construction Code, Board of Appeals, for a term ending September 30, 2006. Mary F. Parker, CMC City Clerk MFP:mh N:\CKMHl~Agenda.01\October 18, 2001 correspondenc .wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Edward S. Colonna, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the City of New Construction Code, Board of Appeals, for a term ending September 30, 2006, according to the best of my ability. I swear or affirm. Subscribed and sworn to before me this ~q day of 2001. ARTHUR B. CRUSH, III, CLERK BY ~., ~ , DEPUTY CLERK H:~Agenda.01\September 4, 2001 correspondence.wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk October 22, 2001 File #15-110-178-192-200 John P. Baker, Executive Director City of Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N. VV. Roanoke, Virginia 24017 Dear Mr. Baker: This is to advise you that Ben J. Fink has qualified as a Commissioner of the Roanoke Redevelopment and Housing Authority for a term ending August 31,2005. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh HSAgenda.01 \October 18, 2001 correspondenc .wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Ben J. Fink, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a Commissioner of the City of Roanoke Redevelopment and Housing Authority for a term ending August 31,2005, accor~.~)qg to the best of my ability. I swear or affirm. Subscribed and sworn to before me thisC:~ ~ay of ~ 2001. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK H:~Agenda.01\September 4, 2001 correspondence.wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk October 22, 2001 File #15-110-178-192-200 Stephanie M. Moon Deputy City Clerk Susan Bryant-Owens, Secretary Roanoke Civic Center Commission Roanoke, Virginia Dear Ms. Bryant-Owens: This is to advise you that Robert C. Poole has qualified as a member of the Roanoke Civic Center Commission for a term ending September 30, 2004. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh N:\CKMHlXAgenda.01\October 18, 2001 correspondenc .wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Robert C. Poole, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Civic Center Commission for a term ending September 30, 2004, according to the best of my ability. I swear or affirm. Subscribed and sworn to before me this ~ day of (~ r_.'7-6~2o~, 2001. ARTHUR B. CRUSH, III, , DEPUTY CLERK H:~Agenda.01\September 4, 2001 correspondence.wpd O ROANOKE REGIONAL CHAMBER OF COMMERCE September 25, 2001 RECEIYED CII'Y CLERICS OFFICE '01 OCT-4 P3:03 The Honorable Ralph Smith Mayor Roanoke City 215 Church Avenue SW Room 452 Roanoke, VA 24011-1594 Dear Mayor Smith and Members of Roanoke City Council: On behalf of the Roanoke Regional Chamber of Commerce, we want to express support and commendation for the cooperative public safety efforts 'underway between the City of Roanoke and County of Roanoke. Never has it been more important to recognize that safety and responsive service are the foundations of fire and emergency medical services. Through regional cooperation, Roanoke City and Roanoke County are ensuring that the legacy of commitment to safety and responsiveness remains. The Chamber has overl,500 members who consider enhanced cooperation among jurisdictions one of the most important issues facing the region. Taking advantage of oppommities to work together, such as jointly staffing the Clearbrook station} creates cost-efficiency without sacrificing the quality of such a crucial public service. Illustrating how local governments work together enhances the region's ability to keep and attract business. The efforts in public safety are an excellent first step that will hopefully open the door for greater cooperation, service, and efficiency in the future. The Roanoke Regional Chamber supports such regional efforts and encourages their continuance. Sincerely, Beth DoughW President CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk October 22, 2001 File #60-217-467 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. '35605-101801 amending and reordaining certain sections of the 2001-2002 School and School Food Services Funds Appropriations, providing for appropriation of $8,480.00 for Title I School Improvement program and $391,049.00 from the Capital Maintenance and Equipment Replacement Fund for technology equipment, facility maintenance equipment, physical education equipment, handicap access, middle and high school improvements, and food service vehicle replacement. The abovereferenced measure was adopted by the Council of the City of Roanoke at a r.egular meeting which was held on Thursday, October 18, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Sherman Lea, Chair, Roanoke City School Board, 1638 Lonna Drive, N. W., Roanoke, Virginia 24019 Darlene L. Burcham, City Manager Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Cindy H. Lee, Clerk, Roanoke City School Board Barry L. Key, Director, Management and Budget N'\CKMHlkAgenda.01\October 18, 2001 correspondenc .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of October, 2001. No. 35605-101801. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 School and School Food Services Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. ' THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 School and School Food Services Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: School Fund Appropriations Education $ 140,318,283 Title I School Improvement 2001-02 (1) ........................ 8,480 Facilities (2-6) ........................................... 1,437,333 Revenues Education $ Title I School Improvement 2001-02 (7) ........................ Fund Balance Reserved for CMERP - Schools (8) ........................... $ 183,801 School Food Services Fund Appropriations Education $ Food Services (9) ......................................... Fund Balance Reserved Fund Balance - Unappropriated (10) .................. $ 139,302,954 8,480 4,562,987 4,562,987 69,240 1) Educational and Recreational Supplies 2) Replacement- Machinery and Equipment 3) Additions - Machinery and Equipment 4) Additions - Other Capital Outlay 5) Additions - Other Capital Outlay 6) Buildings 7) Federal Grant Receipts 8) Reserved for CMERP - Schools 9) Additions - Machinery and Equipment 10) Reserved Fund Balance - Unappropriated (030-061-6192-6000-0614) (030-065-6006-6318-0801) (O30-065-6006-6681-0821) (030-065-6006-6682-0829) (030-065-6006-6896-0829) (030-065-6006-6896-0851) (030-061-6192-1102) (030-3324) (032-065-6006-6788-0824) 8,480 192,556 127,490 26,154 13,600 14,271 8,480 (374,071) 16,978 (032-3325) (16,978) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. '~~t Sherman P. Lea, Chairman Marsha W. Ellison Brian J. Wishneff Ruth C. Willson, Vice Chairman Gloria P. Manns E. Wayne Harris, Ed.D., Superintendent Charles W. Day Melinda J. Payne Cindy H. Lee; Clerk of the Board Roanoke , CITY CLE, RKS OFFICE (' City ,School BoQrd P.O. Box 13145. Roanoke. virgima24031 540-853-2381 · Fax: 540-853-2951 '01 OCT 10 P2:15 October 18, 2001 The Honorable Ralph K. Smith, Mayor and Members of Roanoke City Council Roanoke, VA 240:11 Dear Members of Council' The School Board at its October 9 meeting voted to request the Roanoke City Council to appropriate the following funds' $8,480.00 for the Title ! School Improvement program to provide funds for Preston Park Primary, Westside Elementary, Roanoke Academy for Mathematics and Science, and Lincoln Terrace. These schools have been identified for Title ! School :Improvement - an identification synonymous with a school's accredited with warning status for school year 2000-01 in English, Math, or both. This new program will be one hundred percent reimbursed by federal funds. $391,049.00 from the Capital Maintenance and Equipment Replacement Fund to provide funds for instructional technology equipment, facility maintenance equipment, physical education equipment, handicap access, middle and high school improvements, and food service vehicle replacement. The Board appreciates the approval of this request. Sincerely, Cindy H. Lee, Clerk re cc' Mr. Sherman P. Lea Dr. E. Wayne Harris Mr. Richard L. Kelley Mr. Kenneth F. Mundy Mr. William L. Murray Mrs. Darlene L. Burcham Mr. William M. Hackworth Mr. James D. Grisso Mrs. Ann H. Shawver (with accounting details) Preparing Students for Success JAMES D. GRISSO Director of Finance October 18, 2001 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 RO. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 JESSE A. HALL Deputy Director The Honorable Ralph K. Smith, Mayor The Honorable William H. Carder, Vice Mayor The Honorable William D. Bestpitch, Council Member The Honorable C. Nelson Harris, Council Member The Honorable W. Alvin Hudson, Council Member The Honorable William White, Sr., Council Member The Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: We have reviewed the attached request to appropriate funding for the School Board. This report will appropriate the following: $8,480 for the Title I School Improvement program to provide funds for Preston Park Primary, Westside Elementary, Roanoke Academy for Mathematics and Science, and Lincoln Terrace. These schools have been identified for Title I School Improvement - an identification synonymous with a school's accredited with warning status for school year 2000-01 in English, Math, or both. This new program will be one hundred percent reimbursed by federal funds. $391,049 from the Capital Maintenance and Equipment Replacement Fund to provide funds for instructional technology equipment, facility maintenance equipment, physical education equipment, handicap access, middle and high school improvements, food service vehicle replacement. We recommend that you concur with this request of the School Board. Sincerely, SSO~' ~(~~'~'~ Director of Finance JDG/JSY/pac Attachment C' Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. parker, City Clerk E. Wayne Harris, Superintendent of City Schools MARY F. PARKER. CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke. Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-maih clerk@ci.roanoke.va.us October 22, 2001 File #53-467 STEPHANIE M. MOON Deputy City Clerk George J. A. Clemo, Bond Counsel Woods, Rogers and Hazlegrove, PLC P. O. Box 14125 Roanoke, Virginia 24038-4125 Dear Mr. Clemo: I am enclosing copy of Resolution No. 35606-101801 authorizing the School Board for the City of Roanoke to rehabilitate the present school building at Lincoln Terrace Elementary School; authorizing and directing the City Manager to file an application with the Virginia Department of Education seeking an allocation of authority to issue the City's General Obligation Qualified Zone Academy Bonds, in an amount not to exceed $1,100,000, to finance certain renovations to Lincoln Terrace Elementary School, and authorizing and directing publication of a notice of public hearing to be held in connection with the proposed bond issuance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Thursday, October 18, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Darlene L. Burcham, City Manager James D. Grisso, Director of Finance Sherman Lea, Chair, Roanoke City School Board, 1638 Lonna Drive, N. W., Roanoke, Virginia 24019 Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Cindy H. Lee, Clerk, Roanoke City School Board N:\CKMHl~Agcnda.01\October 18, 2001 correspondcnc .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of October, 2001. No. 35606-101801. A RESOLUTION (i) authorizing the School Board for the City of.Roanoke to rehabilitate the present school building at Lincoln Terrace Elementary School; (ii) authorizing and directing the City Manager to file an application with the Virginia Department of Education seeking an allocation of authority to issue the City's general obligation qualified zone academy bonds in an amount not to exceed $1,100,000 to finance certain renovations to Lincoln Terrace Elementary School, and (iii) authorizing and directing publication of a notice of public hearing to be held in connection with the proposed bond issuance. WHEREAS, the School Board (the "School Board") for the City of Roanoke (the 'City") has determined that it is necessary to rehabilitate Lincoln Terrace Elementary School ("LTES"); b. nd WHEREAS, in order to finance the above-referenced project, the City of Roanoke, Virginia reasonably expects to issue debt obligations; and WHEREAS, the City intends to issue a portion of the debt obligations for the project as "qualified zone academy bonds" within the meaning of Section 1397E of the Imemal Revenue Code. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The School Board is authorized to rehabilitate the present school building at LTES · (the "Project"). 2. The City Manager or an Assistant City Manager is hereby authorized and directed to file an application with the Virginia Department of Education seeking an allocation of authority to issue the City's general obligation qualified zone academy bonds pursuant to the Public Finance Act and Section 1397E of the Imemal Revenue Code in an amoum not to exceed $1,100,000 (the "QZA Bonds") to finance a portion of the cost of the Project. 3. The City Clerk is hereby authorized and directed to publish in accordance with applicable law a public notice of hearing in connection with the proposed QZA Bonds to be held on November 5, 2001. 4. This resolution shall take effect immediately. The foregoing resolution was adopted by the following recorded vote: Ralph K. Smith, Mayor William H. Carder, Vice-Mayor William D. Bestpitch C. Nelson Harris W. Alvin Hudson, Jr. William White, Sr. Linda F. Wyatt AYE NAY Attest: City Clerk Sherman P. Lea, Chairman Marsha W. Ellison Ruth C. Willson, Vice Chairman Gloria P. Manns Charles W. Day Melinda J. Payne Brian J. Wishneff E. Wayne Harris, Ed.D., Superintendent Cindy H. Lee, Clerk of the Board RECEIYFOF~. fRoanoke CITY CLERKS 0 ,tCE ( City School Board P.O. Box 13145, Roanoke, Virginia24031 · 540-853-2381 · Fax: 540-853-2951 '01 OCT 10 P2:16 October 18, 2001 The Honorable Ralph K. Smith, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: The School Board at its October 9 meeting approved the enclosed Resolution to request Roanoke City Council to issue General Obligation qualified Zone Academy Bonds (QZAB) in an aggregate principal amount not to exceed $1,100,000. The funds will be used to rehabilitate, repair, and/or equip Lincoln Terrace Elementary School. The QZAB initiative is a federal program that allows lending institutions and schools to form a mutually beneficial partnership to support education. The program offers bonds interest-free and allows a bank or other lending institution to purchase the special no-interest bond on behalf of a school. Schools qualify based on their percentage of free lunch students. The School Board thanks you for your continued support of our students and programs. Sincerely, Cindy H. Lee, Clerk re Enc. CC: Mr. Sherman P. Lea Dr. E. Wayne Harris Mr. Richard L. Kelley Mr. Kenneth F. Mundy Mr. William L. Murray Mrs. Darlene L. Burcham Mr. William M. Hackworth Mr. James D. Grisso Preparing Students for Success .~~ Sherman P. Lea, Chairman Ruth C. Willson, Vice Chairman Charles W. Day //Roanoke City School Board P.O. Box 13145, Raanoke, Virginia 24031 Marsha W. Ellison Gloria P. Manns Melinda J. Payne Brian J. Wishneff E. Wayne Harris, Ed.D., Superintendent Cindy H. Lee, Clerk of the Board · 540-853-2381 · Fax: 540-853-2951 October 9, 2001 RESOLUTION REQUESTING THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA TO ISSUE GENERAL OBLIGATION QUALIFIED ZONE ACADEMY BONDS FOR SCHOOL PURPOSES AND CONSENTING TO THE ISSUANCE THEREOF BE IT RESOLVED, 1) The School Board of the City of Roanoke, Virginia hereby (i) approves certain expenditures to rehabilitate, repair, and/or equip Lincoln Terrace Elementary School, at an estimated cost not to exceed $2,100,000 (the "Project"), (ii) authorizes and approves the filing of an application to the Virginia Department of Education seeking an allocation of authority to issue qualified zone academy bond financing pursuant to the Public Finance Act and Section 1397E of the Internal Revenue Code in an amount not to exceed $1,100,000, to finance a portion of the cost of the Project, (iii) requests that the City Council of the City of Roanoke, Virginia, (the "City") authorize the City to issue its general obligation qualified zone academy bonds in an aggregate principal amount not to exceed $1,100,000, (the "QZA Bonds") for the purpose of financing a portion of the cost of the Project, and (iv) approves the issuance of the QZA Bonds by the City. 2) This resolution shall take effect immediately by the following recorded vote: Yea Nay Sherman P. Lea, Chairman Ruth C. Willson, Vice-Chairman Charles W. Day Marsha W. Ellison Gloria P. Manns Melinda .]. Payne Brian _1. Wishneff "" Preparing Students for Success The undersigned Clerk of the School Board of the City of Roanoke, Virginia hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the School Board held the 9th day of October, 2001. WITNESS, my signature and seal of the School Board of the City of Roanoke, Virginia, this __ day of ., 2001. .(SEAL) Clerk, School Board of City of Roanoke, Virginia CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk October 22, 2001 File #24-79 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of a petition from the Boys and Gids Clubs of Roanoke Valleyl Inc., requesting exemption from taxation of certain real property located at 1714 9th Street, S. E., which petition was before the Council of the City of Roanoke at a regular meeting which was held on Thursday, October 18, 2001. On motion, duly seconded and unanimously adopted, the petition was referred to you for study, report and recommendation to Council and to schedule a public hearing. Mary F. Parker, CMC City Clerk MFP:mh pc: Floyd A. Johnson, Executive Director, Boys and Girls Clubs, 1714 9th Street, S. E., Roanoke, Virginia 24013 James D. Grisso, Director of Finance The Honorable Sherman A. Holland, Commissioner of Revenue Willard N. Claytor, Director, Real Estate Valuation The Honorable David C. Anderson, City Treasurer Elizabeth A. Neu, Director of Economic Development Sarah E. Fitton, Engineering Coordinator N:\CKMHl\Agenda.01\Octobcr 18, 2001 correspondenc .wpd VIRGINIA: RECEIVED CITY CLERKS OFFICE [N TILE, COUNCIl, OF ~ CITY OF ROANOKE TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X. SECTION 6(a)(6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: 1. Your Petitioner, Boys & Girls Clubs of Roanoke Valley, Inc., 1714 9th Street S.E., Roanoke, Virginia 24013, a Virginia, non-stock, not for profit corporation has purchased a certain real property located at 1714 94 Street S.E., in the City of Roanoke, Virginia, which property is City of Roanoke Tax Map ID # 4240101. After significant rehabilitation, the building will be used for the purpose of housing the administrative offices and providing daily after school and summer activities for youth members of your Petitioner. 2. Your Petitioner desires to be an organization designated by a section within Article Section 58.1-3650 et seq. of the Code of Virginia, as amended, in order that the referenced real estate, to be used exclusively for charitable and benevolent purposes in responding to the af[er school and summer programs needs of the low to moderate income individuals and families, be exempt from taxation under the provisions of Article X, Section 6 (a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. 3. Your Petitioner agrees to pay to the City of Roanoke, an annual service charge in an amount equal to twenty percent (20%) of the City of Roanoke tax levy, which would be applicable to this real estate, were our organization not be tax exempt, for as long as this exemption continues. 4. Your Petitioner respectfully request that the Council of the City of Roanoke adopt a resolution in accordance with the requirements of Section 30-19.04 (B) of the 1950 Code of Virginia, as amended, after holding a public hearing with respect thereto where citizens shall have an opportunity to be heard in order that legislation involving the designation of property to be exempt from taxation pursuant to Article X, Section 6 (a)(6) of the Constitution of Virginia may be presented to General Assembly of Virginia. In Compliance with Section 30-19.04 (B) the following questions are submitted for consideration: (Q): Whether the organiTation is exempt from taxation pursuant to Section 501 (c)(3) of the Internal Revenue Code of the 1954. (A): You Petitioner was granted exemption from taxation pursuant to Section 501 (c)(3) of the Internal Revenue Code of 1954 on March 24, 1992. (Q): Whether a current alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for such use on such property. (A): No alcoholic beverage license has been, or will be, requested or issued to your Petitioner for such use on such property. (Q): Whether any director or officer of the organization has been paid compensation in excess of reasonable allowances for salaried or other compensation for personal services which director or officer actually renders. (A): No officers or directors of your Petitioner are paid compensation in excess of reasonable allowances for salaries or other compensation for personal services actually rendered. Your Petitioner has six salaries employees, none of whom is an officer or director. o (Q): Whether any part of the net earnings of such organization inures to the benefit of any individual and whether any significant portion of the services provided by such organization is generated by funds received by donations, contributions or local, state or federal grants. As used in the subsection donations shall include the providing of personal services or the contribution of in-kind or other material services. (A): No part of the net earnings of your Petitioner insures to the benefit of any individual and only a modest portion of the service provided by your Petitioner is generated by local, state or federal grants. Your Petitioner provides services primarily through the generation of developer fees and service contracts with other organizations. (Q): Whether the organization provides services for the common good of the public. (A): Your Petitioner provides services for the common good of the public in as much as it inspires and enables all youth, especially those from disadvantaged circumstances, to realize their full potential as productive, responsible and caring citizens. (Q): Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting, to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. (A): Your Petitioner is not involved in propaganda, influencing legislation or any political campaign on behalf of any candidate for public office. (Q): No rule, regulation, policy of practice of the organization discriminates on the basis of religions conviction, race, color, sex or national origin. (A): No rule, regulation, policy or practice of your Petitioner discriminates on the basis of religious conviction, race, color, sex or national origin. (Q): The revenue impact to the locality and its taxpayers of exempting the property. (A): No significant impact is anticipated as a result of the exemption, indeed the homes we build and rehabilitate will be additions to the current tax roles of the City of Roanoke and this will enhance the tax revenue of the City of Roanoke. (~): Any other criteria, facts and circumstances, which the governing body deems pertinent to the adoption of such resolution. (A): Your Petitioner provides after school and summer programming to primarily disadvantaged youth ages 5-18. Note: A copy of this Petition is being delivered this day to the City Manager of the City of Roanoke, Virginia. THEREFORE, your Petitioner, Boys & Girls Club of Roanoke Valley, Inc., respectfully requests to the Council of the City of Roanoke (1) that a resolution be adopted pursuant to Section 30-19.04 of the Code of Virginia stating that the provisions of subsection B of that Code section have been examined and considered in conjunction with this petition seeking the designation of property to be exempted from taxation pursuant to Article X, Section 6 (a)(6) of the Constitution of Virginia at a public hearing at which citizens have had an opportunity to be heard and (2) that a recommendation be made to the General Assembly of Virginia that this real property of your Petitioner from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of providing after school and summer programming to primarily disadvantaged youth ages 5-18. Respectfully submitting this 26t~ day September, 2001 BOYS & GIRLS CLUB OF ROAN(~ VALLEY, INC. By: P~ident 4 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-maih clerkc&ci.roanoke.va.us October 22, 2001 File #122-189-467 STEPHANIE M. MOON Deputy City Clerk Joseph D. Rich, Chief Voting Section, Civil Rights Division, United States Department of Justice P. O. Box 66128 Washington, D. C. 20035-6128 Beryl Y. Brooks General Registrar Roanoke, Virginia Dear Mr. Rich and Ms. Brooks: I am enclosing copy of Ordinance No. 35607-101801 temporarily changing the polling place for Jefferson Precinct No~ 2 from the National Guard Armory Building on Reserve Avenue, to the Roanoke City Schools Maintenance Building, 250 Reserve Avenue, S. W. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Thursday, October 18, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Gilbert E. Butler, Jr., Secretary, Roanoke City Electoral Board Darlene L. Burcham, City Manager N:\CKMHl'Ctgenda.01\October 18, 200l correspondenc .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2001. No. 35607-101801. AN ORDINANCE temporarily changing the polling place for Jefferson Precinct No. 2 from the National Guard Armory Building'on Reserve Avenue, S. W., to the Roanoke City Schools Maintenance Building, .at 250 Reserve Avenue, S. W.; and providing for an emergency. WHEREAS, the National Guard Armory Building, the polling place for Jefferson Precinct No. 2 is located on Reserve Avenue, S. W., and the heightened security measures due to our national emergency have caused the National Guard to close the Armory to the public; WHEREAS, by Resolution adopted October 2, 2001, the Roanoke City Electoral Board has recommended the establishment of a temporary polling place for Jefferson Precinct No. 2 at the Roanoke City Schools Maintenance Building at 250 Reserve Avenue, S.W., and such temporary polling place is located within the such precinct as required by {}24.2-310, Code of Virginia (1950), as amended; and WHEREAS, the Electoral Board has given notice of such emergency relocation of polling place to the State Board of Elections and has obtained approval of such change from the Board pursuant to {}24.2-31 O.D., Code of Virginia (1950), as amended, and the Electoral Board will give notice of this change in polling place by mail to all registered voters in the Jefferson Precinct No. 2 at least fifteen (15) days prior to the November 6, 2001, general election, pursuant to §24.2-306.B., Code of Virginia (1950), as amended; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Notwithstanding § 10-26, Code of the City of Roanoke (1979), as amended, the polling place for Jefferson Precinct No. 2 shall be relocated from the National Guard Armory Building to the Roanoke City Schools Maintenance Building, 250 Reserve Avenue, S. W., City, for the November 6, 2001, general election. 2. Such temporarily relocated polling place shall be applicable for the November 6, 2001, general election only. 3. The City Clerk is directed to forward attested copies of this ordinance to Beryl Y. Brooks, General Registrar, so that notice of this change in polling place can be mailed to all registered voters of Jefferson Precinct No. 2., and to the Chief, Voting Section, Civil Rights Division, United States Department of Justice. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: H:XMEASIJRF~\O-POLCHA. 6 City Clerk. TO: FROM: DATE: SUBJECT: CITY OF ROA/~OKE RECEIVED CITY CLERKS OFFICE INTERDEPARTMENT COMMUNICATION 10 R9:58 Mary F. Parker, City Clerk Beryl Y. Brooks, General Registrar October 9, 2001 Emergency Change of Polling Place Due to the "National Emergency", it has become necessary to move our Jefferson #2 precinct, located at the National Guard Armory to the Roanoke City Schools Maintenance Building. (See resolution attached). Normally Section 24.2-306, which prohibits us from moving a polling place 60 days before an election and without prior approval of the Justice Department, would be in affect. Due to the reason for the change the time constraints cannot be met and it is necessary to handle this temporary change as an emergency change of polling place. Under Section 24.2-310D in the event of an emergency situation the Electoral Board is required to find a new location with prior approval of the State Board of Elections. We are requesting that this matter be brought before City Council at the October 18, 2001 meeting. The law requires that I notify the public of any change, no later than 15 days prior to election. Although I am still required to submit for expedited approval from the Justice Department, I have to proceed with the move as approved by State Board. Thank you, for your cooperation and if you have questions or suggestions, please call me at X1037. BYB: Attachment Roanoke City Electoral Boar~ Carl T. Tinsley, Sr., Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary RESOLUTION ROANOKE CITY ELECTORAL BOARD October 2, 2001 Due to the "National Emergency" we have been forced to make an emergency change of polling place. Precinct #008, Jefferson #2 located at the National Guard Armory, is now at Priority Alert status, which renders it inaccessible to civilian activities. Since we do not know what the status of the Armory will be in November the Roanoke City Electoral Board has unanimously agreed to seek approval for the following temporary change of polling place for the November 6, 2001, General Election. Temporary Chanq~ - From: National Guard Armory 33 Reserve Ave., S.W. Roanoke, VA 24016 To: Roanoke City Schools Maintenance Bldg. 250 Reserve Ave., S.W. Roanoke, VA 24016 The new location is located in the same block as the old, and will be made compliant with Section 24.2-310C of the Virginia Election Laws by the day of election. The City Attorney will be asked to prepare submission for Justice Department approval. Gilbe~~r i '' S~cretary Roanoke City Electoral Board Room 109, Municipal North 215 Church Avenue, S.W., Roanoke, Virginia 24011 P.O. Box 1095, Roanoke, Virginia 24005 (540) 853-2281 Fax (540) 853-1025 STATE BOARD ELECTION oz ~OANO~ 008 - Jefferson ~2 --, National Guar~ Armory POLtI~C PLAC~ I8 ~0 ~ 804 ?860929 P. 02 33 Reserve Ave, ~.W. Roanoke, VA 24016 Roanoke City School Maintenance Bldg. 250 Reserve Ave., S.W., Roanoke, VA ~-4016 l~OIIC~ OF HOVE ~LL BE: NOTIG~ OF ~Ovg W%LL I~cZUgE: ' IDSN~XFXCATXoN OF NL~S NEDIA The access road to pollln~ place is ~asbed ou~ and cbc alternative a~ess, if ~ny, to the poll- ing plats is ~o ~ar uai.S no~l means of transportation to m&ke Lc reasonable for voters to uso ihe alternative ~oute. Other (specify: Due tO ~ationa~ Zmerqen~, _our National 6a~rd Armory_ cannot be use,l. Foe:cd at each pollin~ place be~n~ moved to a ney ~nde cc each ofEicc~ o~ elecciol; end Clven to the ch~imen o£ cae respective para/es and to any indepeudent eau~idete for local o£f{ce~ ~iven Co tha public £hrauzh all!available ne~z N~e o[ old precinct and ~ue and address of its old poll~ place; Bad f Reason for ~vin~ ~e ~/li~ p!a~e; and %u~ placeI and ~ The phone uuuber ct the Geueral[BAgis£ror,f olflee uith a ata~emeu~ that nay voter ,BO7 c~ll eke ~egis- trar for clar/fzc~t~on. ~noke Time~ Access TV Hove of the above pollin~ pls~,e is~ 100 'd &pprovcd ~'l TOTAL P.02 Roanoke City Electoral Board October 3, 2001 Carl T. Tinsley, Sr., Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Roanoke City Schools Maintenance 250 Reserve Ave., S.W. Roanoke, VA 24016 Attention: Mr. Jim Tyree, Building Operations Dear Mr. Tyree: This letter is to confirm the use of your classroom located in the Maintenance building for the upcoming General Election. The hours of use will be from 5:00 A.M. to 9:00 P.M. Tuesday, November 6 2001. ' In accordance with Section 24.310-C of the Virginia Election Laws the building must be compliant with the Americans with Disabilities Act temporarily if not permanently on election day. We appreciate your assistance in helping us to meet these requirements. If you have any questions or if we can be of help to you, please give us a call. Thank you for your kindness and cooperation. Yours very truly, Gen~ Gilbert E. Butler, Jr., Secretary Roanoke City Electoral Board BYB/GEB,JR. Room 109, Municipal North 215 Church Avenue, S.W., Roanoke, Virginia 24011 P.O. Box 1095, Roanoke, Virginia 24005 (540) 853-2281 Fax (540) 853-1025 City Public kho01s Building Operarfons P,O. Dox '1 Roanoke, Virginia 24,031 TO: FROM: DATE: FROM ROANOKE CITY SCHOOLS TO Ms. Beryl Brooks General Registrar Director of S~hool Plants October 10, 2001 102S P.01 SUBJECT: Confirmation for Building Use This letter serves as. confirmation that the Roanoke City Public Schools Maintenance & Operations Center located at 250 Reserve Avenue, Roanoke, Virginia can be used as a temporary polling place on November 6, 2001 between the hours of 5:00 a.m.- 9:00 p.m. you have any questlons or need addltlonal informatlon, please give me a call at 853.2851. Excellence In £duca.tlon TOTAL P. 01 CITY OF ROANOKE INTERDEPARTMENT COMI~I3NI CATI ON TO: FROM: DATE: SUBJECT: William Hackworth, City Attorney Beryl Y. Brooks, General Registrar October 9, 2001 Emergency Change of Polling Place Due to the "National Emergency" the Roanoke City Electoral Board is requesting approval for a temporary change of polling place for Jefferson #2 precinct from the National Guard Armory to Roanoke City Schools Maintenance Building. (See resolution attached). This change complies with Section 24.2-310 of the Virginia Election Laws. We are requesting this matter to be read before City Council on Oct. 18, 2001. We are requesting that you prepare the appropriate notice of the proposed temporary change in polling place. We are also requesting that you comply with the Justice Department's requirements for expedited approval with the usual notification to this office. Due to the emergency status of this move the State Board has requested that I proceed as if approval has already been given. Thank you, for your cooperation in this matter and please call me at X1037, if there are any questions. BYB: Attachment CITY OF ROAN~K'ISECEIVED " S OFFICE INTERDEPARTMENTAL C~~I~(~ATiON OFFICE OF CITY AT~O~ A9:28 DATE: November 8, 2001 TO: FROM: Beryl Brooks, General Registrar William M. Hackworth, City Attorney~~/ Emergency relocation of polling place - Jefferson Precinct No. 2 By the attached letter, dated November 5, 2001, the Attorney General has interposed no objection to the emergency relocation of the polling place for Jefferson Precinct No. 2, fi.om the National Guard Armory Building on Reserve Avenue, S. W., to the Roanoke City Schools Maintenance Building, at 250 Reserve Avenue, S. W., which was required by the closing of the National Guard Armory Building to the public as a result of the recent terrorist attack on this country. This Office is pleased to have been of assistance to you and the Electoral Board in this matter. WMH:f Attach[n~ ffn/t cc: ky~tary F. Parker, City Clerk H:\MEASURES\m-brooksjusticeok.1 U.S. Department of Justice Civil Rights Division RECEIVED CITY CLERKS OFFICE JDR:JBG:HJH:nj DJ 166-012-3 2001-3461 Voting Section 'Ol P.O. Box 66128 Washington, DC 20035-6128 13 A9:28 November 5, 2001 William M. Hackworth, Esq. City Attorney 464 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011-1595 Dear Mr. Hackworth: This refers to the polling place change for the City of Roanoke, Virginia, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. We received your submission on October 15, 2001. The Attorney General does not interpose any objection to the specified change. However, we 'note that Section 5 expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the change. See the Procedures for the Administration of Section 5 ~28 C.F.R. 51.41). Please be advised that it is unnecessary to provide multiple copies of documents when making a Sectio submission. ting Section CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk October 22, 2001 File #60-178-200 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35609-101801 authorizing the appropriate City officials to execute Amendment No. 2 to the 2000-2001 Agreement with the City of Roanoke Redevelopment and Housing Authority, to provide funds for infrastructure improvements associated with the Lincoln 2000/HOPE VI Community Revitalization Program Project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Thursday, October 18, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc; James D. Grisso, Director of Finance Victoria S. Tregubov, Budget/Management Analyst Barry L. Key, Director, Office of Management and Budget John P. Baker, Executive Director, City of Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W.,, Roanoke, Virginia 24017 N:\CKMHl~Agenda.01\October 18, 2001 correspondenc .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2001. No. 35609-101801 . A RESOLUTION authorizing the appropriate City officials to execute Amendment No. 2 to the 2000-2001 Agreement with the-city of Roanoke Redevelopment and Housing Authorifj, providing funding for infrastructure improvements associated with the Lincoln 2000/HOPE VI Community Revitalization Program Project, upon certain terms and conditions, and describing the scope of services in greater detail. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and City Clerk are hereby authorized to execute, seal and attest, respectively, on behalf of the City, Amendment No. 2 to the 2000-2001 Agreement with the City of Roanoke Redevelopment and Housing Authority, providing funding for infrastructure improvements associated with the Lincoln/2000 HOPE VI Community Revitalization Program Project, and describing the scope of services in greater detail, approved as to form by the City Attomey, within the limits of funds and for the purposes as are more particularly set forth in the City Manager's letter to this Council dated October 18, 2001. ATTEST: H:hMEA SURES~r-amendrrhahope. 1 City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk October 22, 2001 File #60-178-200 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35608-101801 amending and reordaining c~rtain sections of the 2001-2002 General, Water, Sewage Treatment, and Capital Projects Funds Appropriations, providing for appropriation and transfer of funds in connection with execution of Amendment No. 2 to the 2000-01 Community Development Block Grant Funding Administration Agreement with the Roanoke Redevelopment and Housing Authority relating to infrastructure improvements associated with the Lincoln 2000/HOPE VI Community Revitalization Program Project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Thursday, October 18, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Darlene L. Burcham, City Manager Victoria S. Tregubov, Budget/Management Analyst Barry L. Key, Director, Office of Management and Budget N:\CKMHlXAgenda.01\October 18, 2001 correspondenc .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of October, 2001. No. 35608-101801. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 General, Water, Sewage Treatment,'and Capital Projects Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 General, Water, Sewage Treatment and Capital Projects Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Public Works $ 25,052,040 Paving Program (1) ..................................... 2,693,144 Nondepartmental $ Transfers to Other Funds (2) .............................. Water Fund Appropriations Capital Outlay $ . HOPE VI Infrastructure Improvements (3) ................... Retained Earnings Retained Earnings Available for Appropriation (4) ............. $ 71,284,871 70,629,166 2,320,478 187,000 4,731,000 Sewage Treatment Fund Appropriations Capital Outlay $ HOPE VI Infrastructure Improvements (5) .................... 60,614,448 445,000. Retained Earnings Retained Earnings Available for Appropriation (6) .............. $ 3,435,000 Capital Projects Fund Appropriations General Government $ HOPE VI Infrastructure Improvements (7) .................... 19,578,420 2O0,000 Revenues Nonopemting $ Transfemfrom Other Funds(8) ............................ 5,147,517 5,147,517 1) Fees for Professional Services 2) Transfers to Capital Projects Fund 3) Appropriated from General Revenue 4) Retained Earnings Available for Appropriation 5) Appropriated from General Revenue 6) Retained Earnings Available for Appropriation 7) Appropriated from General Revenue 8) Transfer from General Fund (001-530-4120-2010) (001-250-9310-9508) (002-410-9627-9003) (002-3348) (003-410-9628-9003) (003-3348) (008-410-9626-9003) (008-110-1234-1077) (100,000) 100,000 49,000 (49,000) 336,000 (336,OOO) 100,000 100,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. RECEIVED . (:ITY CLEF)KS OF--~l(;~ of the City Monoger October 18, 2Q~ Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable W. Alvin Hudson, Council Member Honorable William D. Bestpitch, Council Member Honorable William White, Sr., Council Member Honorable C. Nelson Harris, Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Amendment No. 2 to Community Development Block Grant (CDBG) Funding Administration Agreement with the Roanoke Redevelopment and Housing Authority (RRHA) Background: As part of its ongoing efforts to improve public housing at the Lincoln Terrace Development, the RRHA applied for and has been awarded a $15.1 million HOPE VI Revitalization Grant from the U.S. Department of Housing and Urban Development ("HUD"). In support of the RRHA HOPE VI application, the City committed to provide up to $3 million in financial assistance from federal and local funding sources for (1) infrastructure costs ($2.1 million) of the Lincoln 2000/HOPE VI Project and (2) housing rehabilitation and construction funding ($900,000) in the Washington Park neighborhood. (The $900,000 for housing assistance is being handled through separate agreements with the Authority). Infrastructure funding to be provided by the City will support improvements in public rights-of-way and publicly dedicated easements, including, but not limited to, construction and reconstruction of streets, curbs, gutters and sidewalks and water and sewer utilities. Such improvements are described in detail in the comprehensive development plans approved by the City and incorporated by reference into the Agreement. By Budget Ordinance 35262-040201 and Resolution No. 35263-040201, City Council approved the execution of the original Agreement dated July 1, 2000, providing $600,000.00 from federal and local funding sources. Amendment No. 1 extended the Agreement period from September 30, 2001 to December 30, 2001. Considerations: The City will provide the RRHA a total of $2.1 million for infrastructure improvements in three yearly installments, with the $750,000 covered by this letter being the second installment. Funds for this second installment have been identified in the General Fund Room 364 Municipal South 215 Church Avenue, S.W, Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci, roanoke.va.us Honorable Mayor and Members of Council October 18, 2001 Page 2 and Community Development Block Grant ("CDBG") program funds and from retained earnings in the Water Fund and Sewer Fund. The specific amounts and sources are as follows: Source Account Name Amount CDBG Infrastructure $265,000 General Fund Street Paving $100,000 Sewer Fund Retained earnings $336,000 Water Fund Retained earnings $ 49,000 Recommended Action: Authorize the City Manager to execute Amendment No. 2 to the 2000/01 CDBG Agreement with the RRHA, similar in form and content to the agreement attached to this Report, approved as to form by the City Attorney. Appropriate funding in the amount of $336,000 from the Sewer Fund retained earnings and $49,000 from the Water Fund retained earnings to accounts in each respective fund entitled "Lincoln 2000/HOPE VI Infrastructure". CDBG funds have been previously appropriated to the proper account. Transfer $100,000 from Street Paving Account No. 001-530-4120-2010 to Transfer to Capital Projects Fund account 001-250-9310-9508. In the Capital Projects Fund, appropriate this funding to Account No. 008-410-9626-9003. Respectfully submitted, City Manager Attachment C; Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Vickie S. Tregubov, Budget/Management Analyst #CM01-00236 AMENDMENT No. 2 This Amendment No. 2 is entered into this __ day of October 2001, by and between the City of Roanoke (the Grantee) and the City of Roanoke Redevelopment and Housing Authority (the Subgrantee). WITNESSETH: WHEREAS, by Resolution No. 35263-040201 Council approved the execution of a subgrant agreement ("Agreement") between the Grantee and the Subgrantee and appropriated funds therefor; and WHEREAS, by Resolution No. 3185, the RRHA Board of Commissioners approved the execution of this Agreement between the City and the RRHA; and WHEREAS, the Grantee and the Subgrantee mutually desire to continue infrastructure improvements associated with the Lincoln 2000 Infrastructure Improvements project; and WHEREAS, the Grantee and the Subgrantee mutually agreed to Amendment No. 1 to the Agreement, which extended the time period of the Agreement to December 30, 2001; NOW THEREFORE, the Grantee and the Subgrantee do mutually agree to amend the Agreement dated July 1,2000, and Amendment No. 1 dated September 24, 2001, by this Amendment No. 2 as follows: 1. SCOPE OF SERVICES: ao General -- The RRHA shall use the funds provided by the City under this Agreement for infrastructure improvements within public rights-of-way or publicly dedicated easements, including, but not necessarily limited to, construction and reconstruction of streets, curb, gutters, and sidewalks and water and sewer utilities, associated with the Project. Such imfrastructure improvements eligible for reimbursement are shown in the comprehensive development plans entitled, Lincoln 2000 Phase One Site Construction at Lincoln Terrace VA11-2 and dated June 30, 2000 (approved on September 21, 2000), and the comprehensive development plans entitled, Lincoln 2000 Phase Two Site Construction at Lincoln Terrace VA11-2 and dated October 4, 2000 (approved January 18, 2001), such plans being incorporated into this Agreement by reference. b. Limitations -- The following limitations will apply to the indicated funding sources under this Agreement: (1) CDBG Funds shall be used solely for costs of new infrastructure improvements in publicly dedicated rights-of-way or easements and shall not be used to repair or maintain existing infrastructure. Page 1 of 3 Pages (2) General Funds shall be used solely for public streets, curbs, gutters or sidewalks in publicly dedicated rights-of-way. (3) Sewer Funds shall be used solely for sanitary sewer mains, excluding service laterals, located in public streets or publicly dedicated sanitary sewer easements. (4) Water Funds shall be used solely for public water facilities, with the exception of water meters, in public rights-of-ways or on publicly dedicated easements. BUDGET -- The total funding provided by the City under this agreement shall not, without amendment of the Agreement, exceed $1,350,000. Funding sources and amounts are as follows: Source Amount CDBG Funds General Funds Sewer Funds Water Funds TOTAL $518,000.00 200,000.00 445,000.00 187,000.00 $1,350,000.00 Expenditures from each funding source will be in accordance with the use limitations given in section 1.b. The Agreement dated July 1, 2000 and Amendment No. 1, dated September 24, 2001, shall remain unchanged in all other terms and provisions. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 as of the day and year hereinabove written: ATTEST: FOR THE GRANTEE: By By Mary F. Parker, City Clerk Darlene L. Burcham, City Manager ATTEST: FOR THE SUBGRANTEE: By By Secretary of the Board John P. Baker, Executive Director Page 2 of 3 Pages APPROVED AS TO CDBG/HOME ELIGIBILITY APPROVED AS TO FORM Department of Management and Budget Assistant City Attorney APPROVED AS TO EXECUTION APPROPRIATION AND FUNDS REQUIRED FOR THIS CONTRACT CERTIFIED Assistant City Attorney Date Account # Director of Finance 008-410-9626-9003 ($200,000) 003-410-9628-9003 ($445,000) 002-410-9627-9003 ($187,000) 035-G01-0137-5296 ($253,000) 035-G02-0237-5293 ($265,000) Page 3 of 3 Pages CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk October 22, 2001 File #5-60 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35610-101801 amending and reordaining certain sections of the 2001-2002 Grant Fund Appropriations, providing for appropriation of $75,211.00, in connection with the Department of Criminal Justice Services, Forfeited Asset Sharing Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Thursday, October 18, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Darlene L. Burcham, City Manager A. L. Gaskins, Chief of Police Barry L. Key, Director, Office of Management and Budget N:\CKMHl~Agenda.01\October 18, 2001 correspondenc .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of October, 2001. No. 35610-101801. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety Police State Asset Forfeiture (1-2) ...................... Revenues Public Safety Police State Asset Forfeiture (3-4) ....................... $ 2,667,505 219,018 $ 2,667,505 219,018 1) Expendable Equipment <$5,000 2) Other Equipment 3) State Asset Forfeiture Proceeds 4) Interest (035-640-3302-2035) (035-640-3302-9015) (035-640-3302-3301) (035-640-3302-3299) $ 5,211 70,000 63,606 11,605 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. RECEIVED CITY CLERKS OFFICE Office of the City Manager Octot~ml' 1 ~l~l p4:00 Honorable Honorable Honorable Honorable Honorable Ralph K. Smith, Mayor William H. Carder, Vice Mayor William D. Bestpitch, Council Member C. Nelson Harris, Council Member W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor and Members of City Council: Subject: State Asset Sharing In 1991, the Virginia General Assembly passed State legislation allowing local law enforcement to seize and have forfeited property connected with illegal narcotics distribution. The law also makes it possible for police departments to receive proceeds from these forfeited properties. Application for an equitable share of the property seized by local law enforcement must be made to the Department of Criminal Justice Services, Forfeited Asset Sharing Program and certified by the Chief of Police. Property, including funds shared with State and local agencies may be used only for Law Enforcement purposes. Program requirements include that these funds be placed in an interest bearing account and the interest earned be used in accordance with program guidelines. Revenues collected for this grant are recorded in Grant Fund account numbers 035- 035-1234-7133 and 035-035-1234-7270. Funding received in excess of the estimated and totaling $75,211 needs to be appropriated at this time. Recommended Action: Appropriate $75,211 to Grant Fund accounts to be established by the Director of Finance. Establish revenue estimates of $75,211 as well. City Manager C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Joe Gaskins, Chief of Police #CM01-00228 Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke.va.us MARY F. PARKER, CMC CiW Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.manoke.va.us October 22, 2001 File #60-67 STEPHANIE M. MOON Deputy City Clerk Stanley G. Breakell, President Breakell, Incorporated P. O. Box 6414 Roanoke, Virginia 24016 Dear Mr. Breakell: I am enclosing copy of Ordinance No. 35612-101801 accepting the bid of Breakell, Inc., for improvements to City softball/baseball fields, upon certain terms and conditions, in the amount of $362,331.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Thursday, October 18, 2001, and will be in full force and effect ten days following the date of adoption. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Darlene L. Burcham, City Manager James D. Grisso, Director of Finance Rolanda A. Johnson, Assistant City Manager for Community Development D. Darwin Roupe, Director, Department of General Services VVanda B. Reed, Acting Director of Parks and Recreation N:\CKMHl~.genda.01\October 18, 2001 correspondenc .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2001. No. 35612-101801. AN ORDINANCE accepting the bid of Breakell, Inc., for improvements to City softball/baseball fields, upon certain terms a9d conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Breakell, Inc., in the amount of $362,331.00 which consists of $313,749.00 for the Base Bid, $29,318.00 for Additive Bid Item No. 1, $5,591.00 for Additive Bid Item No. 2, and $13,673.00 for Additive Bid Item No. 4, for improvements to City softball/baseball fields, as is more particularly set forth in the City Manager's letter dated October 18, 2001, to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered the bidder, which bid is on file in the Purchasing Department, be and is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, the contract to be in such form as is approved by the City Attorney, and the cost of the work to be paid for out of funds heretofore or simultaneously appropriated by Council. H:~MEASURESXo-ballfieldparkim~. 100101 3. Pursuant to the provisions of§12 of the Roanoke Charter, the second ready of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. H:~,IEASURESXo-ballfieldparkimp. 1 O0101 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk October 22, 2001 File #60-67 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35611-101801 amending and reordaining certain sections of the 2001-2002 Grant Fund Appropriation, in connection with improvements to seven City softball/baseball fields. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Thursday, October 18, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Darlene L. Burcham, City Manager Rolanda A. Johnson, Assistant City Manager for Community Development D. Darwin Roupe, Director, Department of General Services Barry L. Key, Director, Office of Management and Budget Wanda B. Reed, Acting Director of Parks and Recreation N:\CKMHl~.genda.01\October 18, 2001 correspondenc .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of October, 2001. No. 35611-101801. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Parks, Recreation and Cultural $ 9,239,237 Baseball/Softball Lighting (1) .................................. 679,215 Baseball/Softball Field Improvements (2) ......................... 635,253 1) Appropriated from Bond Funds- Series 1999 2) Appropriated from Bond Funds- Series 1999 (008-620-9736-9001) $ (142,000) (008-620-9737-9001 ) 142,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. RECEIVED CITY CLERKS 0F(~cEe of the City Manager October 18, 2~1 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Contract Award Ballfield Improvements at Seven Ballfields Bid No. 01-08-19 This project consists of improvements to seven City park softball/baseball fields (Huff Lane Park - Fields I and 2, Strauss Park, Westside Ballfield - Field 1, Garden City Park, Norwich Park, Jackson Park and Preston Park). After proper advertisement, one bid was received on Wednesday, August 29, 2001 with Breakell, Inc., 2314 Patterson Avenue, S.W., Roanoke, Virginia 24016, submitting a base bid in the amount of $313,749. Bids were received for five additive bid items, with items 1, 2 and 4, in the amount of $48,582, to be included in the project. The additive bid items are as follows: Additive Bid Item No. 1: Provide Baseball/Softball Field #2 at Preston Park in the amount of $29,318. Additive Bid Item No. 2: Provide concrete stairs for field access at Preston Park in the amount of $5,591. Additive Bid Item No. 4: Provide an irrigation system for new Ballfield #2 at Huff Lane Park in the amount of $13,673. Funding is available in Baseball/Softball Field Improvements account number 008-620-9737 in the amount of $255,000. The project will require additional funding in the amount of $142,000 from Baseball/Softball Lighting account number 008-620-9736-9001. Total funding required for the project is $397,000. Additional funding in excess of the contract amount will be used for miscellaneous project expenses including advertising, printing, testing services, minor variations in bid quantities and unforeseen project expenses. Room 35zl MunicipolSouth 2]5 Church Avenue, S.W. Ro(3noke, Virgink3 240]]-159] (540) 853-2333 FAX (540) 853-]]38 CifyWeb:www. ci.roonoke.vo.us The Honorable Mayor and Members of Council October 18, 2001 Page 2 Recommended Action: Accept the above bid and authorize the City Manager to execute a contract for the above work with Breakell, Inc. in amount of $362,331 (which consists of $313,749 for the Base Bid, $29,318 for Additive Bid Item No. 1, $5,591 for Additive Bid Item No. 2 and $13,673 for Additive Bid Item No. 4) with 190 consecutive calendar days of contract time. Transfer $142,000 from Baseball/Softball Lighting account number 008-620-9736-9001 to Baseball/Softball Field Improvements account number 008-620-9737-9001. bmitted, Darlene L. Bu~ City Manager DLB/TWK/bls Attachment C~ Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance D. Darwin Roupe, Director of General Services #CM01-00231 TABULATION OF BID-~ BALLFIELD IMPROVEMENTS AT HUFF LANE PARK - FIELDS 1 AND 2, STRAUSS PARK, WESTSlDE BALLFIELD, GARDEN CITY PARK, NORWICH PARK, JACKSON PARK AND PRESTON PARK BID NO. 01-08-19 Bids were opened by Robert L. White, Manager, Purchasing Department, on Wednesday, August 29, 2001, at 2:00 p.m. BIDDER ADDENDUM I BASE BID ADDITIVE ADDITIVE ADDITIVE ADDITIVE ADDITIVE BID ITEM1 BID ITEM2 BID ITEM3 BID ITEM4 BID ITEMS Breakell, Inc.Yes $313,749 $29,318 $5,591 $1,368 $13,673 $7,892 Office of the City Engineer Roanoke, Virginia October 18, 2001 Dated Dated The undersigned hereby agrees, if this bid is accepted by the City, to commence work with an adequate force and equipment on the date stipulated in the written "Notice to Proceed" from the Office of the City Engineer and to complete the work within One Hundred Ninety (190) consecutive calendar days from the date stipulated in the written "Notice to Proceed" and to pay as liquidated damages the sum of Two Hundred and 00/100 Dollars ($200.00) per day as step one liquidated damages and, if applicable the sum of One Hundred and 00/100 Dollars ($100.00) per day as step two liquidated damages to the City of Roanoke for each consecutive calendar day in excess of the time indicated to fully and satisfactorily complete the Work. The undersigned agrees that if this bid is accepted by the City, the failure or refusal of the undersigned to execute the Contract with the City and furnish to the City the required bonds and, certificates of insurance within ten (10) consecutive calendar days from receipt of the Contract Documents will result in a payment of the Bid Secudty to the City as liquidated damages. The successful bidder may be awarded a Lump Sum Contract. Licensed "Class A", "Class B", or "Class C" Virginia Contractor Number 2701-:-006344A Bidder is a x resident or nonresident of Virginia. (Check appropriate blank. See Va. Code Section 54.1-1100 et. seq.) State the complete firm name, exactly as it is recorded with the State Corporation Commission. LEGAL NAME Breakell, Inc. BY S~:anley G, Breakel.zl. .~ Pre~/~d,e,~ (TYPED NAME: /'/~ //,/' )/~ )T/',...---//'//7' SiGN E D ~/,/'~'/////' ~'-~~ ,/- ,.. 0.///// . / DELI'~ERYADDRESS 23'[4 Pal:l:e~'son Avenue MAILING ADDRESS P.O. Box 6414 CITY Roanoke STATE VA ZIP CODE 24016 TELEPHONE (540) 345-7309 FAX (540) 345-9469 ESCROW ACCOUNT REQUESTED (if applicable): YES __ NO DELIVERY OF BIDS: See Section 7.1 of the Instructions to Bidders. x Project: Robert L. White, Manager Purchasing Department 215 Church Avenue, S.W. Room 353, Municipal Building Roanoke, Virginia 24011 Ballfield Improvements at Seven Ballfields Bid Form/Bldg. Rev. 6/28/2000 3 of 4 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk October 22, 2001 File #5-60 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35613-101801 amending and reordaining c~rtain sections of the 2001-2002 Consortium Fund Appropriations, providing for appropriation of $132,624.00, in connection with carryover funds for the Fifth District Employment and Training Consortium. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Thursday, October 18, 2001 Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Bobby L. Clark, Administrator, Fifth District Employment and Training Consortium, Roanoke Higher Education Center, 102 South Jefferson Street, Roanoke, Virginia, 24016 Darlene L. Burcham, City Manager Rolanda A. Johnson, Assistant City Manager for Community Development Glenn D. Radcliffe, Director, Human Services Barry L. Key, Director, Management and Budget H:XAgenda.01\October 18, 2001 corrcspondcnc .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of October, 2001. No. 35613-101801. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Consortium Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Fifth District Employment & Training Consortium Title I Administration (1-7) ...................................... Title I Adult Program (8-12) ..................................... Title I Youth Program (13) ...................................... Title I Dislocated Worker (14) ................................... $ 5,959,597 118,334 355,978 355,467 353,575 Revenues Fifth District Employment & Training Consortium Title I Administration (15) ...................................... .Title I Adult Program (16) ...................................... Title I Youth Program (17) ...................................... Title I Dislocated Worker (18) ................................... $ 5,959,597 118,334 355,978 355,467 353,575 1 ) Temporary Employee Wages (034-633-2100-8049) $ 4,512 2) Wages (034-633-2100-8050) 5,000 3) Fringes (034-633-2100-8051) 1,250 4) Travel (034-633-2100-8052) 500 5) Communications (034-633-2100-8053) 500 6) Supplies (034-633-2100-8055) 500 7) Miscellaneous (034-633-2100-8060) 1,000 8) Wages (034-633-2161-8050) 12,370 9) Fringes (034-633-2161-8051) 3,000 10) Travel 11 ) Supplies 12) Miscellaneous 13) Miscellaneous 14) Contractual Services 15) Title I Administrative 16) Title I Adult Program 17) Title I Youth Program 18) Title I Dislocated Worker Program (034-633-2161-8052) (034-633-2161-8060) (034-633-2161-8060) (034-633-2163-8060) (034-633-2181-8057) (034-633-2100-2100) (034-633-2161-2161) (~034-633-2163-2163) (034-633-2181-2181) 6,000 1,000 4,000 39,534 53,458 13,262 26,37O 39,534 53,458 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. 'ATTEST: City Clerk. RECEIVED CITY CLERKS OFFICE Office of the City Manager '01 10 0:27 October 18, 2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: JTPA Carry over Funding for Fifth District Employment and Training Consortium Background: The Fifth District Employment and Training Consortium (FDETC) administers the federally funded Workforce Investment Act (WI^) for the region, which encompasses the counties of ^lleghany, Botetourt, Craig, Franklin and Roanoke as well as the cities of Covington, Roanoke, and Salem. WI^ funding is for two 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 up by the U.S. Department of Labor. The City of Roanoke is the grant' recipient and fiscal agent for FDETC funding, thus, City Council must appropriate the funding for all grants and other monies the FDETC receives. The state office of the Virginia Employment Commission (VEC) has sent the Consortium Notice of Obligation (NO0) for carry over Job Training Partnership Act (JTP^) funds for Program Year 1999, for WlA programs. These carry over funds converted to WlA on July 1, 2000, and will be subject to requirements of the WI^. These funds have been held by the state office of the VEC until the Department of Labor approved the final JTPA close out. These funds must be Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853~2333 FAX (540) 853-1138 CityWeb:www. ci. roanoke.va.us Honorable Mayor and Members of Council October 18, 2001 Page 2 expended prior to June 30, 2002. Adult Programs Youth Programs Dislocated Worker Programs Total $ 29,299 43,927 59,398 $132,624 Considerations: Program Operations - Existing activities will continue and planned programs will be implemented. Funding - Funds are available from the Grantor agency and other sources as indicated, at no additional cost to the participating localities. · Timing - Immediate action will allow transition activities to be implemented and completed within planned time frames, July 1, 2001 through June 30, 2002. Recommendations: Appropriate the FDETC's funding totaling $132,624 and increase the revenue estimate by $132,624 in accounts to be established in the Consortium fund by the Director of Finance. Respectfully submitted, Darlene L. B~~am' City Manager DLB:wc C: Rolanda A. Johnson, Assistant City Manager for Community Development Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Glenn D. Radcliffe, Director of Human Services CM01-00237 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke. Virginia 2401 I-I 536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us October 22, 2001 File #184 STEPHANIE M. MOON Deputy City Clerk Mark R. Sherry, District Manager Aramark Uniform Services P. O. Box 398 905 South Pollard Street Vinton, Virginia 24179 Dear Mr. Sherry: I am enclosing copy of Resolution No. 35614-101801 accepting the bid of Aramark Uniform & Career Apparel, Inc. for rental uniform service for designated employees of the ,City of Roanoke, for a period of one year, with an option to renew for four additional one year periods, upon certain terms and conditions, at a total cost of $119,080.88; and rejecting all other bids received by the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Thursday, October 18, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Darlene L. Burcham, City Manager James D. Grisso, Director of Finance Barry L. Key, Director, Office of Management and Budget D. Darwin Roupe, Director, Department of General Services Robert L. White, Manager, Purchasing N:\CKMHl~Agcnda.0l\Octobcr 18, 2001 correspondenc .,zq~d MARY F. PARKER. CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke, Virginia 24011-1536 Telephone: {540) 853-2541 Fax: (540) 853-1145 E-mail: clerkt~ci.roanoke.va.us October 22, 2001 File #24-289 STEPHANIE M. MOON Deputy City Clerk Charles L. Costello, Branch Manager Unifirst Corporation 3114 Odd Fellows Road Lynchb'urg, Virginia 24502 James J. Myers, Sales Manager Rental Uniform Service, Inc. P. O. Box 1458 Statesville, North Carolina 28677 Dear Gentlemen: I am enclosing copy of Resolution No. 35614-101801 accepting the bid of Aramark Uniform & Career Apparel, Inc., for rental uniform service for designated employees of the city of ROanoke, for a period of one year, with an option to renew for four additional one year periods, upon certain terms and conditions, at a total cost of $119,080.88; and rejecting all other bids received by the City. · The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Thursday, October 18, 2001. On behalf of the City of Roanoke, thank, you for submitting your bid for rental uniform service. Sincerely, MFP:mh Enclosure Mary F. Parker, CMC City Clerk N:\CKMHP, Agenda.01\October 18, 2001 correspondenc .wpd 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of October, 2001. No. 35614-101801. A RESOLUTION accepting the bid of Aramark Uniform & Career Apparel, Inc. for rental uniform service for designated employees of the City upon certain terms and conditions; and rejecting all other bids made to the City. BE IT RESOLVED by this Council of the City of Roanoke that: 1. The bid submitted by Aramark Uniform & Career Apparel, Inc. for rental uniform service for designated employees of the city at an estimated cost of$119,080.88 for a period of one (1) year with the option to renew for four (4) additional one (1) year periods, as is set forth in the letter to this Council dated October 18, 2001, which bid is on file in the Purchasing Department and is in full compliance with the City's specifications made therefore, is hereby ACCEPTED. 2. The City's Manager of Purchasing is hereby authorized and directed to issue the requisite purchase orders therefor, incorporating into said orders the City's specifications, the term of said bidder's proposal and the terms and provisions of the resolution. 3. Any and all other bids made to the City for the aforesaid procurement are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: City Clerk REC[I¥[0 CITY CLEI~KS OFFICE Office of the City Manager 131 OCT 10 P5:18 October 18, 2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Background: Bid for Rental Uniform Service Bid #01-08-15 With the need to request bids for rental uniform service for designated City employees in the departments of Public Works, General Services, and Utilities, and after meeting with the Uniform Selection Advisory Committee, comprised of City employees, specifications were developed and along with the invitation for bid were sent to seven (7) providers. The bid was publicly advertised in accordance with Chapter 23.1 of the Code of the City of Roanoke. Considerations: Three (3) bids were received and evaluated in a consistent manner based on the required specifications. See attached bid tabulation. The lowest bid meeting required bid specifications was submitted by Aramark Uniform & Career Apparel, Inc, Vinton, Virginia at a cost of $4.68 per employee per week, or at an estimated yearly cost of $119,080.88. Funding is budgeted and available in various departmental accounts. Recommended Action: Authorize the issuance of the requisite purchase order(s) to Aramark Uniform & Career Apparel, Inc. for the rental of employee uniforms for the period of one (1) Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-.1138 CityWeb:www. cl.roanoke,va.us Honorable Mayor and Members of Council October 18, 2001 Page 2 year with the option to renew for four (4) additional one (1) year periods, and reject all other bids. bmitted, Darlene L. ~ City Manager DLB: bdf C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Barry L. Key, Director OMB D. Darwin Roupe, Director of General Services Robert L. White CM01-00238 Bid Tabulation Bids were received, publicly opened and read at 2:00 p.m., August 24, 2001 For Rental Uniform Service Bid Number 01-08-15 Item Aramark Uniform & UniFirst Corporation Rental Uniform Career Apparel, Inc. Service To provide for rental uniform service for designated employees of the City of Roanoke, in accordance with City specifications for five (5) uniform changes per week - Cost per week per employee $4.68 $4.85 $7.25 Reflective Stripes Reflective safety stripes as required $1.25/ft. $1.25/ft. Undisclosed Charge to sew onto garments $4.00/garment n/a Undisclosed Environmental charges per week n/a $30.00 n/a Replacement cost per set $19.98 $31.17 $26.00 (prorated according to age of garment) Total estimated yearly charges * $119,080.88 $120,552.50 $163,241.00 * Indicated Recommendation CiTY OF ROANOKE, VIRGINIA INVITATION FOR BID Date: August 8, 2001 To: ARAMARK UNIFORM SERVICES PO BOX 398 905 POLLARD STREET VINTON, VA 24179 BID NUMBER: 01-08-15 BID OPENING DATE: AUGUST 24, 2001 OPENING TIME: 2:00 p.m. Licensed'Name of Firm: j~i~/qftl~ Please print Mailing Address: ?/J~ ,~; Name: (Printed Name of Authorized Person Submittin. g Bid) Signature: '1' U TELEPHONE #,~0 ' ~q -4319 THIS PUBLIC BODY DOES NOT DISCRIMINA TE AGAINST FAITH-BASED ORGANIZATIONS ~---~ .........~._ General Instructions 2 ~d in a sealed envelope with the "Bid Number" and "Opening Date" and ~ d on the front of that sealed envelope. Bids not appropriately received as  considered. Bids (or Proposals) that are received and time stamped at ill not be accepted or considered. The time shall be determined according · ' used by the Purchasing Department. FAXED BIDS ARE NOT ACCEl' i ,~._ the City of Roanoke will not be held responsible for the opening ora sealed bid that is not appropriately marked as specified. 2. Payment terms and delivery date(s) must be shown on the submitted bid. All bids are to be submitted in accordance with all terms, conditions, rules, regulations, requirements and specifications identified in and by this request. Bids are to be on the Form as provided by or specified in this request. All bid prices are to be appropriately extended. Bids with prices not extended may not be considered. ;orporation 24501 467-5518 ~ Uniforms that enhance America's business image To: UNIFIRST CORPORATION ATTN: BEN WOLTZ 3114. ODD FELLOWS RD LYNCHBURG, VA 24501 Name: Person Submitting Bid) F ROANOKE, VIRGINIA flTATION FOR BID Date: BID NUMBER: August 8, 2001 01-08-15 BID OPENING DATE: AUGUST 24, 2001 OPENING TIME: 2:00 p.m. Licensed Name / I Pleas. e, prin3,, /~Terms: ~.~0 ~< Mailing Address: ~] ] ~ ~ ~//o~ ~o-q~ ~ ~/~o~ f~c~i Deliver: q~- qo ~ ~/~ ~<~[J,~- (Printed Name of Authorized TELEPHONE THIS PUBLIC BODY DOES NOT DISCRIMINA TE AGAINST FAITH-BASED ORGANIZATIONS ist be shown o[ dance with all considered. ihasing Depa, . ?, l,;.~; jill not be held Bids are to be on the Form as provided by or specified in this request. All bid prices are to be appropriately extended. Bids with prices not extended may not be considered. CITY OF ROANOKE, VIRGINIA INVITATION FOR BID To: RENTAL UNIFORM SERVICE ATTN: JAMES MEYER PO BOX 1458 STATESVILLE, NC 28687 Date: August 8, 200~ BID NUMBER: 01-08-15 BID OPENING DATE: AUGUST 24, 2001 OPENING TIME: 2:00 p.m. Licensed Name of Firm: /~[~ Please print Mailing Address: P, Name:--~ ~- ~<; (Printed Name of A~thorized Person Submitting Bid) Signature: q~,,,--~ ~, ~/__) Terms: Delivery: TELEPHONE# THIS PUBLIC BODY DOES NOT DISCRIMINA TE AGAINST FAITH-BASED ORGANIZATIONS General Instructions Bids are to be submitted in a sealed envelope with the "Bid Number" and "Opening Date" and "Time" clearly marked on the front of that sealed envelope. Bids not appropriately received as specified will not be considered. Bids (or Proposals) that are received and time stamped at 2:00 p.m. or later will not be accepted or considered. The time shall be determined according to the time clock used by the Purchasing Department. FAXED BIDS ARE NOT ACCEPTABLE. The City of Roanoke will not be held responsible for the opening of a sealed bid that is not appropriately marked as specified. Payment terms and delivery date(s) must be shown on the submitted bid. All bids are to be submitted in accordance with all terms, conditions, rules, regulations, requirements and specifications identified in and by this request. Bids are to be on the Form as provided by or specified in this request. All bid prices are to be appropriately extended. Bids with prices not extended may not be considered. RECEIVED CITY CLERKS OFFICE '01 Ogl 31 P2:39 October 29, 2001 Ms. Darlene Burcham City Manager 215 Church Ave. SW, Room 364 Roanoke, Va. 24011-1591 Subject: Bid for Rental Uniform Service Bid # 01-08-15 Dear Ms. Burcham: On behalf of Unifirst Corporation, I want to thank you for giving us the opportunity to bid on providing Rental Uniform Service for the City of Roanoke. Thousands of municipalities across the country depend on Unifirst to provide their uniform service, and in these competitive times we must do everything possible to attract and retain customers. As a company, we believe in being competitive. We believe this is one of the principles that "drives America". One of the processes our indrustry must deal with is the sealed bid process, one of the most competitive business situations there is. Therefore, when a competitor gains an unfair advantage in the sealed bid process, I feel we must speak out. During the Uniform Rental Service bid process, Aramark Uniform & Career Apparel, Inc., gained an improper competitive advantage over the other two companies that submitted bids. On Friday, August 24, 2001, I attended the bid opening at 2:00 pm in the city's Purchasing Office. Also present were Robert White, City Purchasing Manager, and a representative from Aramark. Three bids were publicly opened and read. They were from Unifirst, Aramark, and Rental Uniform Service. The bid from Aramark did not meet the specifications as outlined in the RFP//01-08-15, because the bidder did not include providing t-shirts or hats as rental items, as called for in the specifications. Of the two remaining bidders, ours was the lowest, and it met the specifications. A few days later, Aramark was asked to supply pricing which would include rental t-shirts and hats. They then supplied pricing that met the specifications, but at the time they did, they were aware of the other two companies pricing, making it certain that they would become the low bidder. It seems to me, if the submitted bid did not meet the specifications as outlined at the time the bids were opened, that it should have been rejected, and the contract awarded to the lowest responsible bid meeting specifications, as outlined in paragraph R of the Bid for Rental Uniform Service #01-08-15 Bill Alvis Account Representative Unifirst Corporation Charles L. Costeilo, Unifirst Corporation Mary F. Parker, City Clerk Honorable Ralph K. Smith, Mayor Honorable Honorable Honorable Honorable Honorable Honorable William H. Carder, Vice Mayor William D. Bestpitch, Council Member C. Nelson Harris, Council Member W. Alvin Hudson, Jr., Council Member William White, Sr., Council Member Linda F. Wyatt, Council Member Office of the City Manager November 12, 2001 Mr. Bill Alvis UniFirst Corporation 3114 Odd Fellows Road Lynchburg, VA 24501 Dear Mr. Alvis: Thank you for your letter, dated October 29, 2001, expressing your concern about the award of Bid Number 01-08-15 for Rental Uniform Service. Upon receipt of that communication, I immediately instructed my staff to review all bid documents and evaluations that took place in our Purchasing Division. That staff review has concluded that, while there were some apparent misunderstandings, actions were taken, subsequent to the bid opening, in an attempt to provide a fair and level playing field for all bidders, including your Firm. I do appreciate your Firm's response to the Invitation for Bid. I suggest that, in the future, you bring any concerns to our attention as soon as possible. These bids were opened in late August and evaluated in September. City Council awarded the bid on October 18, 2001. Your concerns were not expressed until your communication, of October 29, 2001, which was received in my office on October 31,2001. The Code of the City of Roanoke provides that the protest of any bid must be made not later than ten (10) days from the award. We welcome the expression of concerns by any bidder or vendor, but ask that these concerns, if any, be expressed in a timely fashion. As I am sure you understand, based on the above explanation and information, the award will remain as approved by City Council Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011 - 1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:v~vw. ci. roanoke.va,us UniFirst Corporation Page 2 Your Firm will remain on our active Bid List for future projects and, bids. encourage you to participate as bids are requested. Respectfully, Darlene L. Burch~n~' City Manager DLB:bdf CC: "" Mary Parker, City Clerk George C. Snead, Assistant City Manager- Operations Elizabeth Dillon, Assistant City Attorney D. Darwin Roupe, Director of General Services Robert L. White, Purchasing Manager RECEIVED CITY CLERKS OFFl~r'ffice"" of the City Manager October 18, 2'~31 OCT 1! P12:19 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Special Military Leave Pay Background: Military leave at full pay is limited to fifteen work days per federal fiscal year for employees of the City of Roanoke who are military reservists called to active duty. Special council action was taken in 1991 for the Desert Storm operation and in 1997 for the Bosnia effort to provide any difference between military reservists' pay and the current level with the City of Roanoke. There are thirty-five reservists in thirteen departments within the City of Roanoke full time employment. Recommended Action: Approve special policy to pay military reservists who are called to active duty and serve between October 1, 2001 and September 30, 2002 the difference between their military base pay (including any other related compensation received from the military) and pay with the City of Roanoke in their current job. This supplemental pay will be provided upon request and with necessary documentation to the department of human resources. City Manager DLB:bka c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Kenneth S. Cronin, Director of Human Resources CM01-00242 Room 364 Municipal South 2!5 Church Avenue, S.W. Roanoke. Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. cL roanoke.va.us IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, A RESOLUTION authorizing payment of supplementary compensation and restoration of certain benefits to employees called to active military duty. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City shall pay, upon request, to any City employee who, between October 1,2001, and September 30, 2002, is called to active duty related to our country's war on terrorism a supplement equal to the difference between regular City salary and military base pay plus any other compensation received for such service. This supplement shall not be paid for any days that regular City salary must be paid to such employees. Employees shall provide.the Department of Human Resources with the necessary documentation to establish their eligibility for the supplement. 2. Any City vacation or paid leave used by such employees during active duty related to our country's war on terrorism shall be restored. 3. Each such employee shall be deemed to have earned City vacation, paid and extended illness leave for the period of such active duty in the same manner as if such employee had remained in service with the City. 4. For each such employee who returns to service with the City within seven (7) working days of the conclusion of such active military duty, the City shall pay the City portion of the health and dental benefit premiums necessary to provide coverage for the employee effective upon the date of return to service with the City. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk October 22, 2001 File #24-289 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy Ordinance No. 35615-101801 amending the Code of the C~ity of Roanoke (1979), as amended, by adding a new Division 2, Residential Parking Permits, to Article IV, Stopping, Standing and Parkinq, Chapter 20, Motor Vehicles and Traffic, to establish a procedure for creation of a residential parking permit system; and amending the City's Fee Compendium to establish certain fees for permits. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Thursday, October 18, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: The Honorable Richard C. Pattisall, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia H:~.genda.01 \October 18, 2001 correspondenc .wpd Darlene L. Burcham October 22, 2001 Page 2 pc: The The The The The Honorable The Honorable The Honorable The Honorable District Court The Honorable District Court The Honorable Court Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia Honorable Julian H. Raney, Jr., Chief Judge, General District Court Honorable George W. Harris, Jr., Judge, General District Court Vincent A. Lilley, Judge, General District Court William D. Broadhurst, Judge, General District Court Jacqueline F. Ward Talevi, Judge, General District Court John B. Ferguson, Chief Judge, Juvenile and Domestic Relations Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations Philip Trompeter, Judge, Juvenile and Domestic Relations District The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court The Honorable Donald S. Caldwell, Commonwealth's Attorney Sheila N. Hartman, Assistant Deputy City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Peggy B. Stewart, Office of the Magistrate Michael R. Meise, Law Librarian James D. Grisso, Director of Finance Rolanda A. Johnson, Assistant City Manager for Community Development A. L. Gaskins, Chief of Police Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., Roanoke, Virginia 24016 H:\Agenda.01\October 18, 2001 correspondenc .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2001. No. 35615-101801 . AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by adding a new Division 2, Residential Parking Permits, to Article IV, Stopping,. Standing and Parking, Chapter 20, Motor Vehicles and Traffic, to establish a procedure for creation of a residential parking permit system; amending the City's fee compendium to establish certain fees for permits; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the addition of a new Division 2, Residential Parking Permits, to Article IV, Stopping. Standing and Parking, Chapter 20, Motor Vehicles and Traffic, to read and provide as follows: Article IV. Stopping, Standing and Parking DIVISION 2: RESIDENTIAL PARKING PERMITS §20-77. Residential Parking Permit Policy. This division is adopted in order to reduce traffic congestion on public streets within residential areas; to reduce hazardous traffic conditions caused by the use of such streets for vehicular parking; to protect residents of such areas from unreasonable noise and disturbance; to protect such residents from unreasonable burdens in gaining access to their residences; and to protect and preserve the peace and tranquility, convenience and character of residential neighborhoods located in close proximity to commercial areas of the city. {}20-78. Definitions Parking permit area shall mean a block, road, street, or other area within the city in which the general parking of vehicles is restricted but vehicles properly displaying a valid permit or visitors pass are exempted from the posted restriction. §20-79. Designation & Revocation of Parking Permit Areas (a) The city manager may designate, by written directive, parking permit areas within the city. Prior to making such designation, the city manager may call for a parking study and shall conduct a community meeting(s) at which interested parties may be heard on the proposal to designate the subject area as a parking permit area. At least seven days prior to the meeting, public notice shall be published in a newspaper of general circulation in the city. The city manager may also use any other means of notification deemed appropriate. Within thirty (30) days after completion of the last community meeting, the city manager, based upon the considerations set forth in 20-77, shall approve or disapprove the designation of the area as a parking permit area and, if approved, establish the subject parking regulation thereat~er. (b) The city manager may revoke the designation of the parking permit area at anytime. (c) The authority granted herein shall be in addition to, and may be exercised in conjunction with, any other authority the city manager may have to regulate the times and conditions of motor vehicle parking. §20-80. Permits Generally (a) Following the designation of a residential permit parking area by the city manager, the city treasurer shall issue annual residential parking permits for the area so designated. Only one application will be accepted from each household. Co) An applicant for a permit shall present his or her motor vehicle registration(s) and operator's license indicating residence in the designated permit area. No permit shall be issued if the residential address displayed on the vehicle registration(s) or the operator's license is other than in the designated area. 2 (c) (d) (e) (0 Upon application and payment of the prescribed fee, one (1) permit shall be issued for each motor vehicle registration presented, not to exceed a maximum of four (4) permits per household. Each applicant shall also be issued two (2) complimentary visitor's passes per household. Permits shall be displayed on the left rear bumper of the resident's vehicle. Visitor passes 'shall be displayed in the left rear window. Permits issued pursuant to this section shall not be transferrable, except as provided in §20-83, and may be revoked by the city treasurer in the event the treasurer determines that the o~,ner of the permit no longer resides in the designated area. Upon written notification of such revocation, the holder of the permit shall surrender such permit to the city treasurer. Replacement permits and passes shall be issued for lost, damaged or stolen permits or passes upon proof of such loss, damage or theft. Damaged penuits or passes must be produced as proof under this section. Verification of loss or theft by a police incident report shall be sufficient proof of loss or theft of any such permit or pass under this section. One time "Special Event" parking requiring multiple parking spaces may be authorized upon application and approval of the city manager. Participation in this program and possession of a residential parking permit shall in no way guarantee an individual the availability of a parking space within their block nor shall it exempt vehicles from posted or statutory parking restrictions unless explicitly posted within the designated area. §20-81. Permits; Fees Fees required under this division shall be as follows: (1) Residential Parking Permit. Fees for annual permits shall be as specified in the city's fee compendium. (2) Replacement Permit or Pass. Fees for lost, damaged or stolen permits or passes shall be as specified in the city's fee compendium. 3 {}20-82. Permits; Transfer Any vehicle owner who sells or otherwise transfers a vehicle permitted under the provisions of this division may have the permit thereon reassigned to another vehicle owned by the original permitee or household member. The city treasurer shall allow such reassignment upon application to him with the documentation required in §20-80(b). §20-83. Permits; Expiration Every permit issued under this division sllall expire May 31 of the permit year for which it was issued. §20-84. Signs (a) Following the designation of a residential permit parking area, the city manager shall cause to be posted in appropriate locations within such area sism indicating the parking restrictions applicable in the area. Enforcement of parking regulations related to the parking permit signs shall not be effective until ten (10) days after the posting of such signs. §20-85. Prohibitions; Penalties. (a) It shall be unlawful for any person to park a vehicle in a posted parking permit area in a manner that conflicts with the parking restriction as posted. Enforcement and penalties shall be as provided in the general provisions of this chapter. (b) It shall be unlawful for any person to make any false representation regarding eligibility for a permit under this section. Any person violating this subsection shall be guilty of a Class 2 misdemeanor. (c) It shall be unlawful for any person to use or display, or to allow to be used or displayed, a resident's permit issued under this section upon any vehicle other than the vehicle for which the permit was issued. Any person violating this subsection shall be guilty of a Class 3 misdemeanor. §20-86. Exemptions. Emergency, service vehicles, and construction/utility vehicles when on a call, delivery, or engaged in work on the streets or utilities shall be exempt from the requirements of this division. 2. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to add the new annual fee of five dollars ($5.00) for up to a maximum of four (4) permits per household and a fee of one dollar ($1.00) per replacement permit or pass for permits or passes that are lost, damaged or stolen. 3. In order to provide for the usual operation of the municipal government, an emergency is deemed to exist and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. RECEIVF. O CITY CLE'RK$ O~'F'fCE .... Office of the City Manager October 18, 2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable W. Alvin Hudson, Council Member Honorable William D. Bestpitch, Council Member Honorable William White, Sr., Council Member Honorable C. Nelson Harris, Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Background: Subject: Residential Parking Permit Program On-street parking within many areas of the City is shared between surrounding residential and commercial properties. Due to high parking demands and limited parking supply some areas experience difficulties maintaining an adequate availability of on-street parking. Residents within these areas are often times unable to park Within a reasonable distance of their home and the infiltration of commercial (office, retail and special event) parking into these residential areas can adversely affect the character of the neighborhood. Neighborhoods most frequently affected include Gainsboro, Beechwood Gardens, Old Southwest and some neighborhoods in Raleigh Court. The traditional parking regulations currently contained within City Code are limited in their ability to adequately address these situations. The development and support of mixed use village centers is a goal within the City's recently adopted comprehensive plan; therefore, the need to adequately address parking in mixed use areas is a current and future problem that must be addressed. Other cities within Virginia (Charlottesville, Richmond, Blacksburg and others) have implemented the use of special permit parking to better manage these issues. The permits are used to make certain exceptions for local residents when establishing on-street parking restrictions. It is important to note that this is a resident initiated program and that it has been reviewed by the Steering Committee of the Roanoke Neighborhood Partnership. Those who wish to have such parking restrictions will petition the City and neighborhood input will be sought before any designations are made. These regulations are not designed to address parking in the downtown area of Roanoke which will be dealt with separately. Based on the review of other permit parking programs within the state and consideration of the conditions within Roanoke, City staff has prepared a recommended code Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci .roanoke.va .us Honorable Mayor and Members of Council October 18, 2001 Page 2 amendment to establish a residential parking permit provision within City Code. The code amendment would allow the City Manager to establish permit parking areas within the City. Prior to such designation, on behalf of the City Manager, the Roanoke Neighborhood Partnership will coordinate the scheduling and advertising of at least one community meeting designed to ensure that individuals, neighborhood groups and businesses, especially those in affected areas, are aware of the proposal and have the opportunity to provide feedback and recommendations on this issue. The permit parking regulations would exempt valid permit holders from the parking restriction or prohibition as posted. (For example, the restriction could state 2-hour parking except by permit.) An adult citizen residing in a household that fronts the affected area may obtain the permits for the household. These permits include two visitor passes and a permit for each vehicle registered at the address (not to exceed a maximum of four (4) annual permits). The proposed fee for the parking permits is $5.00 annually per household. The proposed fee for replacement permits is $1.00. The establishment of this code should improve the City's ability to better manage parking in these difficult situations. Recommended Action: City Council authorize the amendment of the City Code by adding Section 2, Residential Parking Permits, to Article IV, Stopping, Standing and Parking, of Chapter 20, Motor Vehicles and Traffic, to establish a residential parking permit program; and amend the City's fee compendium to provide for the permit fees. Respectfully submitted, Darlene L. Burbfl'am City Manager DLB/sn Attachments C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Rolanda Johnson, Assistant City Manager for Community Development Atlas Gaskins, Chief of Police #CM01-00240 RESIDENTIAL PERMIT PARKING DRAFT ADMINISTRATIVE PROCEDURES INITIATION OF A PARKING STUDY Requests for this program must originate from the residents within the area to be affected by the changed parking conditions. The signature on a document requesting this program of an adult residing in the household shall be deemed to constitute the approval of the contents of the document by the household. If the city manger finds that the request represents the interests of a substantial majority of the households within the area, then a study of the parking conditions may be ordered. This determination can be achieved by the completion of a petition that describes the restriction that would be initiated and the area within which it would apply. The petition should be signed by at least seventy five (75) percent of the households that front the affected street sections. The Streets & Traffic Department will receive and review the initial request (including petition) and will conduct the parking study as ordered by the city manger. PARKING STUDY If the study findings indicate that parked vehicles occupy at least seventy-five (75) percent of the available on-street parking spaces and at least twenty-five (25) percent of these vehicles are registered to addresses outside of the subject area, then the area will be considered eligible for inclusion in the program. The Streets & Traffic Department will collect license plate numbers for the vehicles parked within the subject area during the times of the day most prone to problems. The Police Department will determine the address where the vehicles are registered to determine the percent of those vehicles that are from outside the neighborhood. The study can also evaluate the parking characteristics throughout the day to determine the appropriateness of the proposed restriction and may make recommendations regarding the least restrictive measure that will achieve the desired result. PUBLIC INPUT The city manager will seek public input regarding the requested act and shall call at least one community meeting prior to issuing a final ruling on the matter. The city manager shall rule on the issue within thirty (30) days after completion of the final community meeting. ISSUING & USE OF PERMITS Permits will be issued by the city treasurer and will expire on May 31st of each year. The permits will be coded such that the permit parking areas can be distinguished from one another. The permits must be displayed on the left rear bumper of the resident's vehicle. Visitor passes shall be displayed in the left rear window. ENFORCEMENT The Police Department will begin enforcing parking restrictions within these areas ten (10) days after the posting of parking signs. MARY F. PARKER. CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Virginia 2401 l- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us October 22, 2001 File #110-207 STEPHANIE M. MOON Deputy City Clerk Mr. William L. Bova 2334 Idavere Road, S. W. Roanoke, Virginia 24015 Dear Mr. Bova: I am enclosing copy of Resolution No. 35616-101801 reappointing you as a Director of the Industrial Development AuthoritY of the CitY of Roanoke for a term of four years commencing on October 21, 2001, and expiring on October 20, 2005. The abovereferenced measure was adopted by the Council of the CitY of Roanoke at a regular meeting which was held on Thursday, October 18, 2001. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., pdor to serving in the capacitY to which you were reappointed. Pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am also enclosing copy of the Virginia Freedom of Information Act. H:katgenda.01\October 18, 2001 correspondenc .wpd Mr. William L. Bova October 22, 2001 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a Director of the Industrial Development Authority. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosures pc: Lynn D. Avis, Chair, Industrial Development Authority of the City of Roanoke, 3848 Bosworth Drive, S. W., Roanoke, Virginia 24014 Margaret R. Baker, Secretary, Industrial Development Authority of the City of Roanoke, 2140 Windsor Avenue, S. W., Roanoke, Virginia 24015 · Stephanie M. Moon, Deputy City Clerk N :\CKMH 1 ~.genda.01 \October 18, 2001 correspondenc .wpd COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the eighteenth day of October, 2001, WILLIAM L. BOVA was reappointed as a Director of the Industrial Development Authority of the City of Roanoke, Virginia, for a term ending October 20, 2005. Given under my hand and the Seal of the City of Roanoke this twenty-second day of October, 2001. City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2001. No. 35616-101801. A RESOLUTION r6appointing a Director of the Industrial Development Authority of the City of Roanoke, to fill a four (4) year term on the Board of Directors. WHEREAS, the Council is advised that the term of office of William L. Bova, a Director 'of the Industrial Development Authority of the City of Roanoke, Virginia, will expire on October 20, 2001; WHEREAS, §15.2-4904, Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Directors shall, after initial appointment, be made for terms of four (4) years, except appointments to fill vacancies which shall be for the unexpired terms; and THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that William L. Bova is hereby reappointed as a Director on the Board of Directors of the Industrial Development Authority of the City of Roanoke, Virginia, for a term of four (4) years commencing on October 21,2001, and expiring on October 20, 2005, to fill a vacancy created by the expiration of the term of office of said member on the Board occurring on October 20, 2001. ATTEST: H:~measures\R-IDA-bova101801 City Clerk. MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~,ci.roanoke.va, us October 22, 2001 File #110-207 STEPHANIE M. ~lOOr~ Deputy City Clerk Ms. S. Deborah Oyler 243 Plymouth Drive, N. W. Roanoke, Virginia 24019 Dear Ms. Oyler: I am enclosing copy of Resolution No. 35617-101801 reappointing you as a Director of the Industrial Development Authority of the City of Roanoke for a term of four years commencing on October 21, 2001, and expiring on October 20, 2005. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Thursday, October 18, 2001. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am also enclosing copy of the Virginia Freedom of Information Act. H:~.genda.01\Octol~r 18, 2001 correspondenc .wpd Ms. S. Deborah Oyler October 22, 2001 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a Director of the Industrial Development Authority. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosures pc: Lynn D. Avis, Chair, Industrial Development Authority of the City of Roanoke, 3848 Bosworth Drive, S. W., Roanoke, Virginia 24014 Margaret R. Baker, Secretary, Industrial Development Authority of the City of Roanoke, 2140 Windsor Avenue, S. W., Roanoke, Virginia 24015 Stephanie M. Moon, Deputy City Clerk N:\CKMHl'~.genda.01\October 18, 2001 correspondenc .wpd COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the eighteenth day of October, 2001, S. DEBORAH OYLER was reappointed as a Director of the Industrial Development Authority of the City of Roanoke, Virginia, for a term ending October 20, 2005. Given under my hand and the Seal of the City of Roanoke this twenty-second day of October, 2001. City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2001. No. 35617-10t801. A RESOLUTION reappointing a Director of the Industrial Development Authority of the City of Roanoke, to fill a four (4) year term on the Board of Directors. WHEREAS, the Council is advised ihat the term of office of S. Deborah Oyler, a Director of the Industrial Development Authority of the City of Roanoke, Virginia, will expire on October 20, 2001; WHEREAS, {}15.2-4904, Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Directors shall, after initial appointment, be made for terms of four (4) years, except appointments to fill vacancies which shall be for the unexpired terms; and THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that S. Deborah Oyler is hereby reappointed as a Director on the Board of Directors of the Industrial Development Authority of the City of Roanoke, Virginia, for a term of four (4) years commencing on October 21, 2001, and expiring on October 20, 2005, to fill a vacancy created by the expiration of the term of office of said member on the Board occurring on October 20, 2001. ATTEST: H:~neasures\R-IDA-oylerl01801 City Clerk. MARY F. PARKER. CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke. Virginia 2401 I-I 536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us October 22, 2001 File #184-280 STEPHANIE M. MOON Deputy City Clerk Troy A. Harmon Municipal Auditor Roanoke, Virginia Dear Mr. Harmon: I am enclosing copy of Ordinance No. 35618-101801 electing and appointing you as Municipal Auditor for the City of Roanoke, effective October 18, 2001, for a term which shall expire September 30, 2002, at an annual salary of $72,500.00, and ratifying the terms and conditions of your employment as Municipal Auditor. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Thursday, October 18, 2001 Enclosed you will find an Oath of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosures pc: Kenneth S. Cronin, Director, Human Resources N:\CKMHlXAgenda.01\October 18; 2001 correspondenc .wpd COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of' the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the eighteenth day of October, 2001, TROY A. HARMON was appointed as Municipal Auditor of the City of Roanoke, Virginia, for a term which shall expire September 30, 2002. Given under my hand and the Seal of the City of Roanoke this twenty-second day of February, 2001. City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of October, 2001. No. 35618-101801. A RESOLUTION electing and appointing Troy A. Harmon as Municipal Auditor for the City of Roanoke, and ratifying the terms and conditions of employment as Municipal Auditor offered to Mr. Harmon. WHEREAS, the City Council desires to elect and appoint Troy A. Harmon as Municipal Auditor pursuant to the Roanoke Charter of 1952; and WHEREAS, Troy A. Harmon has agreed to accept election and appointment as Municipal Auditor; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Troy A. Harmon is hereby elected and appointed as Municipal Auditor of the City of Roanoke effective October 18,2001, or as soon thereafter as Mr. Harmon can assume such position, for a term which shall expire September 30, 2002. 2. The terms and conditions of Mr. Harmon's election and appointment as Municipal Auditor shall be as hereinafter set forth: (a) The annual salary shall be $72,500; (b) The City shall annually pay on behalf of Mr. Harmon the sum of $8,000 to the International City Management Association- Retirement Corporation (ICMA-RC) for Mr. Harmon's participation in said ICMA-RC Retirement Plan, and the City shall execute any necessary agreements to provide for such payment. During the first year of employment, such amount shall be prorated based on the number of weeks actually worked; (c) Recognizing that the job requirements of Municipal Auditor routinely require incurring of travel related expenses in the course of City business, a bi-weekly salary increment of $76.92 ~hall be provided for use by Mr. Harmon of a privately-owned or leased automobile in the conduct of official City business; (d) The City shall put into force on Mr. Harmon's behalfa disability insurance policy providing income benefits equivalent to seventy percent (70%) of Mr. Harmon's net salary for the duration of any disability and make required premium payments thereon; (e) The City shall reimburse Mr. Harmon for moving expenses in the amount of $1,500.00; and (0 With respect to benefits and terms and conditions of employment not enumerated in this resolution, Mr. Harmon shall be accorded such benefits and shall be subject to such terms and conditions on the same basis as other similarly situated employees of the City. 3. Mr. Harmon will make arrangements to qualify for office by taking the required Oath of Office as soon as practicable. ATTEST: City Clerk. H:~dF~kSURES~'- appharmo~. 1 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the eighteenth day of October, 2001, PAULA L. PRINCE was reappointed as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 2004. Given under my hand and the Seal of the City of Roanoke this twenty-second day of October, 2001. City Clerk (~OMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the eighteenth day of October, 2001, JAMES P. ARMSTRONG was reappointed as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 2004. Given under my hand and the Seal of the City of Roanoke this twenty-second day of October, 2001. City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the eighteenth day of October, 2001, CHARLES W. HANCOCK was reappointed as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 2004. Given under my hand and the Seal of the City of Roanoke this twenty-second day of October, 2001. City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the eighteenth day of October, 2001, STARK H. JONES was reappointed as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 2004. Given under my hand and the Seal of the City of Roanoke this twenty-second day of October, 2001. City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the eighteenth day of October, 2001, GEORGE M. MCMILLAN was reappointed as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 2004. Given under my hand and the Seal of the City of Roanoke this twenty-second day of October, 2001. City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the eighteenth day of October, 2001, RICHARD J. NICHOLS was reappointed as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 2004. Given under my hand and the Seal of the City of Roanoke this twenty-second day of October, 2001. , City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the eighteenth day of October, 2001, HENRY SCHOLZ was reappointed as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 2004. Given under my hand and the Seal of the City of Roanoke this twenty-second day of October, 2001. City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the eighteenth day of October, 2001, FREDERICK M. WILLIAMS was reappointed as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 2004. Given under my hand and the Seal of the City of Roanoke this twenty-second day of October, 2001. City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the eighteenth day of October, 2001, COURTNEY A. PENN was reappointed as a member of the Advisory Board of Human Development for a term ending November 30, 2005. Given under my hand and the Seal of the City of Roanoke this twenty-second day of October, 2001. City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the eighteenth day of October, 2001, JUDY O. JACKSON was appointed as a member of the Human Services Committee for a term ending June 30, 2002. Given under my hand and the Seal of the City of Roanoke this twenty-second day of October, 2001. City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of' the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the eighteenth day of October, 2001, FRANK J. EASTBURN was appointed as a member of the Roanoke Arts Commission for a term ending June 30, 2002. Given under my hand and the Seal of the City of Roanoke this twenty-second day of October, 2001. City Clerk MARY F. PARKER. CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK. 215 Church Avenue. S.W.. Room 456 Roanoke. Virginia 24011-1536 lelephone: (540) 853-2541 Fax: (540) 853-1145 E-maih clerkc,~ci.roanoke.va.us October 22, 2001 File #514 STEPHANIE M. MOON Deputy City Clerk Sherman W. Chisom P. O. Box 13106 Roanoke, Virginia 24031 Dear Mr. Chisom: I am enclosing copy of Ordinance No. 35619-101801 vacating, discontinuing and closing that certain unused, unpaved and unimproved alleyway extending between 10 ~ Street and 11th Street, S. E., between properties identified as Official Tax Nos. 4111317 and 4111303, for a distance of approximately 130 feet in a westerly direction from 11th Street. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Thursday, October 18, 2001, and will be in full force and effect ten days following the date of adoption. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Mr. George A. Wright, Sr. and Mr. Thomas W. Fuller, 1601 North Street, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Aubrey W. Spradlin, 4455 Goodman Road, N. E., Roanoke, Virginia 24014 D. Kent Chrisman, Chair, City Planning Commission, 2319 Avenham Avenue, S. W., Roanoke, Virginia 24014 Dadene L. Burcham, City Manager Rolanda A. Johnson, Assistant City Manager for Community Development Willard N. Claytor, Director, Real Estate Valuation N:\CKMH 1 ~genda.01 \October 18,2001 correspondenc .wpd Sherman W. Chisom October 22, 2001 Page 2 pc: Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney J. Thomas Tasselli, Development Review Coordinator N:\CKMHl~A. genda.01\October 18, 2001 corr~spondenc .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2001. No. 35619-101801. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia] as more particularly described hereinafter; and dispensirig with the second reading of this ordinance. WHEREAS, Sherman W. Chisom, filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and , WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; a~td WHEREAS, a public hearing was held on said application by the City Council on October 18,2001, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly That unused, unpaved and unimproved alleyway running in an east/west direction between 10 ½ Street and 11th Street, S. E., between properties bearing Official Tax No. 4111317 and Official Tax No. 4111303, for a distance of approximately 130 feet in a westerly direction from 11th Street. be, and is hereby permanently vacated, discontinued and closed, and that ail right and interest of the public in and to the same be, and hereby is, released insofar as the Council of tho City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines~ and related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which described as follows: impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public fight-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, anc~ record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the fight-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the fight of ingress and egress over the same, for the'installation and maintenance of any and all existing utilities that may be located within the fight-of-way. BE IT FURTHER ORDAINED that 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 this ordinance for recordation where deeds are recorded 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 0fany 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. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, 3 where deeds are recorded 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. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. H:~MEASURES'~e-scchisomalley 101801 Roanoke City Department of Plann~ · Building and Development Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-1730 (Fax) 853-1230 Email: planning@ci.roanoke.va.us The Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia October 18, 2001 Dear Mayor Smith and Members of Council: Subject: Request from Sherman W. Chisom that an unused, unpaved and unimproved alleyway running in an east/west direction between 10½ and 11th Street, S.E., between properties bearing Official Tax No. 4111317 and Official Tax No. 4111303, for a distance of approximately 130 feet in a westerly direction from 11th Street, be permanently vacated, discontinued and closed. Planning Commission Action: The Planning Commission considered this item at their afternoon meeting on October 18, 2001, and voted 7-0 to recommend approval of the alley closure (Messrs. Butler, Campbell, Manetta, Dowe, Hill, Rife, and Chrisman voting in favor of the motion). The applicant discussed his request. There were no other public comments on the matter. Background: The petitioner is requesting that a portion of the undeveloped alley be closed because of lack of maintenance and vagrant issues. The heavily vegetated alley extends over a steep hill between 101/2 and 11-th Streets. The remainder of the alley (not requested for closure) at 101/2 Street has been partially covered with gravel. Considerations: All of the properties adjoining the alley are zoned LM, Light Manufacturing. The petitioner owns the vacant parcel adjacent to the undeveloped alley (Tax No. 4111317). The petitioner also owns and operates Virginia Contracting on 11th Street. Three other parcels fronting on Campbell Avenue adjoin the alley and are being used for a towing business (Tax Nos. 4111303, 4111302, 4111301). Residential properties are located on 101/2 Street and south of the alley on 11th Street. The alley currently provides no access to the City or the adjoining property owners. A sewer line runs under the undeveloped alley. Also, AEP indicates that they have facilities located at the site. Verizon advised that they have no opposition to the Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals petitioner's request. An easement will need to be retained for the utilities located in the alley. City Council is authorized to sell this vacated portion of the right-of-way, if it so chooses. Section 15.2-2008 of the Virginia Code (1950), as amended, authorizes the City to require an abutting property owner to purchase the vacated right-of-way as a condition of the vacation. Under such an arrangement, the price may be no greater than the property's fair market value or its contributory value to the abutting property, whichever is greater, or the amount agreed to by the parties. The Director of Real Estate Valuation has advised that the appraised value of the subject property is between $750 and $1,100. Typical conditions for right-of-way closures are as follows: The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Said plat shall combine all properties which would otherwise 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, 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. Bo Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of 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 such fees and charges as are required by the Clerk to effect such recordation. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. If the above conditions have not been met within a period of one year from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. Recommendation: Planning Commission recommended that City Council approve the request to close the paper alley. Respectfully submitted, D. Kent Chrisman, Chairman Roanoke City Planning Commission attachments c: Darlene L. Burcham, City Manager Rolanda Johnson, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Sherman W. Chisom, Petitioner Department of Planning and Community Development Room 166, Municipal Building 215 Church Ave., S.W. Roanoke, VA 24011 RE: Sherman W. Chisom P.O. Box 13106 Roanoke, VA 24031 APPLICATION FOR CLOSING OF ALLEY ME~MBERS OF COUNCIL: SHERM2IN W. CHISOM, applies to have a section of undeveloped alley located between 1049 CAM]?BELL AVE~YUE AND 215 llTH STREET S.E., in the City of Roanoke, Virginia, permanently closed, pursuant to Virginia Code Sections 15.2-2006 and Section 15.2-2008, as amended, and Section 30-14, Code of the City of Roanoke (1979), as amended. This alley is more particularly described on the sheet or plat attached and as follows: TAX No. 4111317 Deed Book 1553, Page 843, Block 14, "Plan of Property of Roanoke Land & Improvement Company East of Tayloe Street - Roanoke" (City Plan #1591). SHERMAN W. CHISOM states that the grounds for this application are as follows: 1) It is used as a t.k~e by vagrants and neighborhood ado- lescents and presents security concerns. 2) Because of being vacant, no one maintains veRetation growth - thus becoming an unsightly eye sore and presents potential health and safety hazards. 3) Due to sewer line running down middle of the alley, it is unfea- sible to split between property owners. (Have contacted adjacent property Page 2 MEMBERS OF COUNCIL owner, Mr. Aubrey W. Spradlin and offered to clean up, install a new fence and pay for any and all fees encountered in exchange for o~ership of this alley.) WHEREFORE, SHERMAN W. CHISOM respectfully request that the above described alley, be vacated by the Council of the City of Roanoke, Virginia, in accor- dance with Virginia Code Section 15.1-364 and Section 30-I4, Code of the City of Roanoke (1979), as Amended. Respectfully submitted, SHERMAN W. CHISOM DATE SHERMAN W. CHISOM, SR. JEWELL B. CHISOM 310 PHEASANT RUN LANE VINTON, VA 24179-4000 OFFICE - 540-857-4004 HOME - 540-890-2026 Portion of Alley requested TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA RECEIV£O PERTAINING TO THE CLOSURE REQUEST OF: CITY CLERKS OFFICE Sherman Chisom for a portion of an alley running between 215 t 1th Street ) and 1049 Campbell Avenue, S.E. ~ fl0! 'I)AIt~II~VIT COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 1 st day of October, 2001, notices of a public hearing to be held on the 18th day of October, 2001, on the closure captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner's Name 4111306 George A. Wright, Sr. Thomas W. Fuller 4111317 Petitioner 4111302 Aubrey W. Spradlin 4111303 Sandra Lee Spradlin Mailing Address 1601 North Street, NE Roanoke, VA 24012 4455Goodman Road, NE Roanoke, VA 24014 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 1 st day of October, 2001. Notary Public My Commission expires: NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Thursday, September 20, 2001, 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the following: Request from Sherman W. Chisom that a portion of an alley running in a north/south direction between 10 ~ and 11th Street, S.E. more specifically described as that portion of alleyway bounded by properties at 215 11th Street, S.E., (Official Tax No. 4111317) and 1049 Campbell Avenue, S.E., (Official Tax No. 4111303) and running for a distance of 130 feet, more or less, be permanently vacated, discontinued and closed. A copy of said applications are available for review in the Department of Planning Building and Development, Room 166, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person who needs accommodations for this hearing, please contact the Department of Planning Building and Development at 853-2344 before 12:00 noon on the Monday before the date of the hearing listed above. Martha P. Franklin, Secretary Roanoke City Planning Commission Please print in newspaper on Tuesday, September 4 and 11,2001 Please Bill and send affidavit of publication to: Department of Planning Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE CLOSURE REQUEST OF: ~ · Sherman Chisom for a portion of an alley running between 215 1C1~h Street and 1049 Campbell Avenue, S.E. COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) :?3 )AFFIDAVIT The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 20th day of August, 2001, notices of a public heating to be held on the 20th day of September, 2001, on the closure captioned above to the owner or agent of the Mailing Address 1601 North Street, NE Roanoke, VA 24012 parcels listed below at their last known address: Parcel Owner's Name 4111306 George A. Wright, Sr. Thomas W. Fuller 4111317 Petitioner 4111302 4111303 Aubrey W. Spradlin Sandra Lee Spradlin 4455Goodman Road, NE Roanoke, VA 24014 Also notified: Mark Peterson (SE Action Forum) and Christine Proffit and Bobby Meadows (Historic Belmont Preservation Association) Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 20th day of August, 2001. My Commission expires: ~~x-~)~ ~~'~ October 9, 2001 File #514 Sherman W. Chisom P. O. Box 13106 Roanoke, Virginia 24031 Dear Mr. Chisom: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, October 18, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on your request that a section of an undeveloped alley located between 1049 Campbell Avenue and 215 - 11th Street, S. E., be permanently vacated, discontinued and closed. For your information, I am enclosing copy of a notice of the public hearing and an Ordinance. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. A copy of the City Planning Commission report will be forwarded at a later date. It will be necessary for you, or your representative, to be present at the October 18 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, MFP:mh Mary F. Parker, CMC City Clerk Enclosure October 9, 2001 File #514 Mr. George A. Wright, Sr. and Mr. Thomas W. Fuller 1601 North Street, N. E. Roanoke, Virginia 24012 Mr. and Mrs. Aubrey W. Spradlin 4455 Goodman Road, N. E. Roanoke, Virginia 24014 Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, October 18, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of Sherman W. Chisom that a section of an undeveloped alley located between 1049 Campbell Avenue and 215 - 11th Street, S. E., be permanently vacated, discontinued and closed. A copy of the City Planning Commission report will be forwarded at a later date. If you would like to receive a copy of the report of the City Planning Commission, please contact the City Clerk's Office. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning and Code Enforcement at 540-853-2344. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-I 145 E-mail: clerk@ci.roanok¢.va.us STEPHANIE M. MOON Deputy City Clerk July 23, 2001 File #514 D. Kent Chrisman, Chair City Planning Commission 2319 Avenham Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Chrisman: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application received in the City Clerk's Office on July 23, 2001, from Sherman W. Chisom requesting that a section of an undeveloped alley located between 1049 Campbell Avenue and 215 - 11t" Street, S. E., be permanently vacated, discontinued and closed. Sincerely, ~/t~~ ', CMC City Clerk MFP:sm Enclosures D. Kent Chrisman 'July 23, 2001 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Mr. Sherman W. Chisom, P. O. Box 13106, Roanoke, Virginia 24031 Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney J. Thomas Tasselli, Development Review Coordinator Department of Planning and Community Development Room 166, Municipal Building 215 Church Ave., S.W. Roanoke, VA 24011 RE: Sherman W. Chisom P.O. Box 13106 Roanoke, VA 24031 APPLICATION FOR CLOSING OF ALLEY MEMBERS OF COUNCIL: SHERMAN W. CHISOM, applies to have a section of undeveloped alley located between 1049 CAMPBELL AVENUE AND 215 llTH STREET S.E., in the City of Roanoke, Virginia, permanently closed, pursuant to Virginia Code Sections 15.2-2006 and Section 15.2-2008, as amended, and Section 30-14, Code of the City of Roanoke (1979), as amended. This alley is more particularly described on the sheet or plat attached and as follows: TAX No. 4111317 Deed Book 1553, Page 843, Block 14, "Plan of Property of Roanoke Land & Improvement Company East of Tayloe Street - Roanoke" (City Plan #1591). SHERMAN W. CHISOM states that the grounds for this application are as follows: 1) It is used as a t~ by vagrants and neighborhood ado- lescents and presents security concerns. 2) Because of being vacant, no one maintains vegetation growth - thus becoming an unsightly eye sore and presents potential health and safety hazards. 3) Due to sewer line running down middle of the alley, it is unfea- sible to split between property owners. (Have contacted adjacent property Page 2 MEMBERS OF COUNCIL owner, Mr. Aubrey W. Spradlin and offered to clean up, install a new fence and pay for any and all fees encountered in exchange for ownership of this alley.) WHEREFORE, SHERMAN W. CHISOM respectfully request that the above described alley, be vacated by the Council of the City of Roanoke, VirRinia, in accor- dance with Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as Amended. Respectfully submitted, SHERMAN W. CHISOM DATE SHERMAN W. CHISOM, SR. JEWELL B. CHISOM 310 PHEASANT RUN LANE VINTON, VA 24179-4000 OFFICE - 540-857-4004 HOME - 540-890-2026 DEC 15 '98 iE,:09 JACK G, BESS P.1 ROANOKE CITY GIS http://www.webgis.net/scripts/esrimap.dll?name=RoacyPlus 1 & Roanoke City GIS Buffer/Adjoiner Search Adjoiners of Parcel 4111317 (5 parcels found.) 3,626,572 3,626,274 11,067,613 Map Width=298' ~ Parcel ~ Owner i Instr No k Acres WRIGHT, GEORGE ASR 41113061~ FULLER' THOMAS W 1601 NORTH ST NE 00008022 0.147 · ROANOKE~ V6..240!2 WRIGHT, GEORGE ASR 4111307 122 TEN ONE-HALF ST SE 00013794! 0.11 ROANOKE, VA 24013 WHORLEY, MARGIE L 41113081 124 TEN ONE-HALF ST SE 17260617! 0.111 CHISOM, SHERMAN W SR 4111317 CHISOM, JEWELL B 98019284 0.294i 310 PHEASANT RUN LN ............. ,_I_NTg. N.,._.v_5- 2__41__7_9._ CHISOM, SHERMAN W SR CHISOM, JEWELL B 4111318 310 PHEASANT RUN LN 98019284 0.291 .............. _.VIN~ ~ON: VA 2.4!. 79!, 11,067,912 t of 2 07/13/2001 8:58 AM ROANOKE CITY GIS http://www.webgis.neffscripts/esrimap.dll?name=RoacyPlus I & ROANOKE CITy GIS Parcel: Owner: 4111317 Parcel Address: LT 15 & 16 BLK 14 R L & I TAYLOR CHISOM, SittERMAN W SR CHISOM, JEWELL B 310 PHEASANT RUN LN VINTON, VA Instr. No.: 98019284 Acres: 0.294 3,626,745 ~214 ~2~6 . t217 3,626,202 11,067,549 Map Width=543' Location Map DISCLAIMER: Thc information contained on this page is NOT to be coJ "legal description". Map information is believed to be accurate but accura Any errors or omissions should be reported to the City of Roanoke Engim no event will the City of Roanoke be liable for any damages, including 1o: profits, business interruption, loss of business information or other pecuni arise from the use of this map or the information it contains. Map Data as of: June 2001 Real Estate Data as of: June 2001 Page generated on 7/13/01 8:59:11 AM 1 of 2 07/13/2001 9:00 AM ROANOKE CITY GIS http://www, webgis.net/scripts/esrimap.dll?name=RoacyPlus 1 & Roanoke City GIS Buffer/Adjoiner Search 3,626,698 Adjoiners of Parcel 4111303 (2 parcels found.) Location Map 3,626,463 11,067,650 Map Width=235' 11,067,886 ............................. p._ag~generated on 7/13/01 9:06:48 AM ~ Parcel Owner [ ...... 1_~_ ............. ]Instr. No.k ![Acresl SPRADLIN, AUBREY W 4111302 SPRADLIN, SANDRA LEE 4455 GOODMAN RD NE 17860641 0.135 SPRADLIN, AUBREY W 4111303 SPRADLIN, SANDRA LEE 4455 GOODMAN RD NE 17860641 0.406! .......... ROANOKE, VA 24014 DISCLAIMER: The information contained on this page is NOT to be const "legal description". Map information is believed to be accurate but accuracy Any errors or omissions should be reported to the City of Roanoke Engineer no event will the City of Roanoke be liable for any damages, including loss, profits, business interruption, loss of business information or other pecuniar3 arise bom the use of this map or the information it contains. Map Data as of: June 2001 Real Estate Data as of.' June 2001 Thank you for visiting the Roanoke City iPlus web site! Visit the Official Roanoke City Web Site! Please send your comments regarding this Web site to I of 2 07/13/2001 9:07 AM NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Thursday, October 18, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on an application to permanently abandon, vacate, discontinue and close, to the extent the City has any legal interest in said public tight-of-way, the following public tight-of-way: That unused, unpaved and unimproved alleyway running in an east/west direction between 10 ½ Street and 11th Street, S. E., between properties beating Official Tax No. 4111317 and Official Tax No. 4111303, for a distance of approximately 130 feet in a westerly direction from 11th Street. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853-2541, by 12:00 noon on Friday, October 12, 2001. GIVEN under my hand this 26th day of September, 2001. Mary F. Parker, City Clerk. H:~AMISChn-scchisomalleyclosure. 1 Note to Publisher: Please publish twice in The Roanoke Times on Friday, September 28, 2001 and October 5, 2001. Send Publisher's Affidavit and Bill to the following individual: Mary F. Parker, City Clerk Room 456, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 H:~AMISCSn-scchisomalleyclosure. 1 MARY F. PARKER. CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke. Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk October 24, 2001 Mr. Sherman W. Chisom P. O. Box 13106 Roanoke, Virginia 24031 Dear Mr. Chisom: I am enclosing copy of an Affidavit of Publication from The Roanoke Times, in the amount of $222.88, for advertising fees in connection with the public hearing that was held before Roanoke City Council on Thursday, October 18, 2001, on your request that a section of an undeveloped alley located between 1049 Campbell Avenue and 215 - 11th Street, S. E., be permanently vacated, discontinued and closed. Upon receipt, I will also forward an invoice from The Roanoke Tribune for advertising fees. Please make your payment, in the total amount of $222.88, payable to the City of Roanoke, c/o the City Clerk's Office within fifteen days in order to avoid a penalty and late charges. Your prompt assistance is greatly appreciated. Sincerely, Stephanie M. Moon Deputy City Clerk :sm Enclosure H:~PuI31i¢ Hea~ngs. O I ~'v ettiset~ 8ill.wfxl The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ROANOKE CITY CLERK'S 215 CHURC~ AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 01765143 10-1/2 - llth St State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this /~ day of Octo~ 2~01_~'~ Wi~ss ~y hand and official seal~~_ ~~z~ , Notary Public My commission expires ~' ~- ~~ PUBLISHED ON: 09/28 10/05 TOTAL COST: 222.88 RECEIVED CITY ~t£RK$ OFFICE ............... '0]- - i -p-2:0 ! A (:~gy M thil peopmmiilJ Im iwml- Signa ~'"~'~e:./~"~..~' ~'/~-": ~-'""~~ ,Billing Services Representative MARY F. PARKER. CMC CiW Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 I-mail: clerk(¢ci.roanoke.va.us October 22, 2001 File #227-514 STEPHANIE M. MOON Deputy City Clerk Daniel F. Layman, Attorney Woods, Rogers and Hazlegrove P. O. Box 14125 Roanoke, Virginia 24038 Dear Mr. Layman: At'a regular meeting of the Council of the City of Roanoke which was held on Thursday, October 18, 2001, a public hearing was held on the request of the Times-World Corporation that a portion of Salem Avenue, S. W., near its intersection with Second Street, being approximately five feet wide and 35 feet long, lying on the south side of Salem Avenue, as shown on the "Right of Way Easement and Vacation Plat for The Roanoke Times," prepared by Caldwell White Associates, and dated August 22, 2001, be permanently vacated, discontinued, and closed. Due to the lack of five affirmative votes by the Council on a proposed ordinance vacating, discontinuing and closing the abovereferenced public right-of-way, the request was denied. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh pc: Dadene L. Burcham, City Manager Rolanda A. Johnson, Assistant City Manager for Community Development VVillard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney J. Thomas Tasselli, Development Review Coordinator N:\CKMHl~genda.01\October 18, 2001 correspondenc .wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk October 22, 2001 File #28-227 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Thursday, October 18, 2001, a public hearing was held on a request to vacate a utility easement across four parcels of land along Second Street, S. W., identified as Official Tax Nos. 1011001-1011004, inclusive, in connection with the Times-World Corporation expansion project. The matter was tabled until the regular meeting of Council on Monday, November 5, 2001 at 2:00 p.m., or as soon thereafter as the matter may be heard. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh pc: Chip A. Harris, Project Director, The Roanoke Times, 201 West Campbell Avenue, Roanoke, Virginia 24010 James D. Grisso, Director of Finance Rolanda A. Johnson, Assistant'City Manager for Community Development Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin., Secretary, City Planning Commission H:kAgenda.01\October 18, 2001 correspondenc .wpd Darlene L. Burcham October 22, 2001 Page 2 pc: Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney J. Thomas Tasselli,-Development Review Coordinator Sarah E. Fitton, Engineering Coordinator N:\CKMHl~.genda.01\October 18, 2001 correspondenc .wpd RECEIVED CITY CLERKS OFFICE Office of the City Manager Oct~er ~, _2~0'~ 4 ~0 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member SUBJECT: Abandonment of Permanent Utility Easement - Request of Times-World Corporation Dear Mayor Smith and Members of City Council: The Times-World Corporation, a subsidiary of Landmark Communications, Inc. has been publishing newspapers from its present location downtown since 1914. A major expansion was completed in 1984. A new production facility is proposed on property across Second Street. A request to abandon an easement across four parcels along Second Street, S.W: has been received from the Times-World Corporation. The parcels are identified by Tax Map Nos. 1011001, 1011002, 1011003, and 1011004. See Attachment #1 for plat. The subject easement was acquired as part of the Second Street/Gainsboro Road Project and is described as a permanent utility easement for C & P Telephone Company of Virginia and the City of Roanoke. As the successor to C & P, Verizon has agreed to abandon their rights to the easement. See Attachment #2. Engineering staff recommends that the subject easement be vacated. Recommended Action: Following a public hearing, authorize the vacation of the easement across the properties identified above. Respectfully submi_tted, City Manager DLB/sef Attachments c: William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator Chip Harris, Roanoke Times CM01-00227 Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1 !38 CityWeb:www. ci.roanoke.va.us Attachment #1 10,15' J5,22' 3 TO 11 II TO $ 1 L 5.21' 35.18' PORTION OF EXISTING RIGHT OF ~,A Y OF SALEU .~ V~NU~. [o.a ~Tm. pc. 59'0 3TO ~1 TO6 ~5 ~ 3, AND C~T~NING I~ TO BE VACA~D AND ~ E~S~N~ TAX PAR~ NOW OR FORMERL PROPERTY OF ALLRIGHT REALTY COMPANY O.E. 1516, PG', 0318 lAX PARCELS I011008, 1011013, AND 1011015 : ~ 16° IRON PIPE FND. 5 TO"6 : 0.06' O N 08"09'J0° ~ AT 3.2~ 4.96' : t TA.Y pARCEL 1011001 ........ pARCEL 1011002 pARCEL 1011003 pARC~ 1O110O4 1011005 NOW OR FORMF_.RL Y PROPERTY OF 8UILfllNG CORPORA TION 1845, PG. 1021 (PROPERTY ACOUISITION) 1718. PG. 597 (RIGHT OF WAY 1'AX PARCELS 1011001, 10f1002. 101100J, 1011004, AND 101100:5 80UNDEO BY CORNE~S t THROUGH 9, INCLUSIVe, AND CONTAINING 0.4140 ACRE~ -- NOTES: I. THE SUOJECT PROPERTY Lf~S FWl'!-ItN ZONE *X OF m£ ON~ HUNON~ ~_~R FLOO0 P~N. ~S mo~ ON FLOOD INSURANCE RATI~ MAP (FIRM) NUMBER 510130. PANEL 00480, EFF~CnVE DATE OCTO~'R ~5~ 199J. m~s OETER~VA nON ~s $,~,.~'o ~ ,~0 M~, A~ HAS NOr ~ ~ ~. Z ~IS M~ WAS PR~ ~T ~E ~ ~ A ~ ~T ~AT ~C~ ~E ~ NOT ~O~ H~ RI~T ~ WA Y ~D EASEM~T VACA EON P~ F~ ROANOKE MES ~O~G ~ VACA~ ~ I~ S~ ~ ~ ~8UC RI~T ~ WAY ~ ~ ANO ~ VA~ ~ ~ ~ l,~Jl SO. ~ PU~C ~ ~ ROR~, WB~NIA C~D~LL WHITE ASSOCIATES C~=' C.L Dtm,,~m: C.L I~te ~0. No.: Ol-Ooxr8 AuS~t 3, 2001 Attachment #2 ~oeno~e, VA~12 Mr: Frank B. Caldwell Caldwell Whi~ Assoeistcs PO Box 634~ Roanoke,, V'n'~i~a 24017 RE: ' VACTtON OF UTILITY EA3EMENT SECOND ST., S. W. ROANOKE, VIRGINIA Please contact me ~m' uny add~onaJ assistanee ym~ may t.~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, AN ORDINANCE authorizing the vacation of an easement on property identified as Official Tax Map Nos. 1011001, 1011002, 1011003, and 1011004 adjacent to Second Street, S.W, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on October 18, 2001, pursuant to {}{}15.2- 1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on this proposed vacation. THEREFORE, BE IT RESOLVED AND ORDAINED by the Council of the City of Roanoke as follows: 1. That the City Manger and City Clerk are authorized to execute and attest, respectively, in a form approved by the City Attorney, the necessary documents to vacate said easement upon the terms and conditions set forth in the letter to this Council dated October 18, 2001. 2. Pursuant to {}12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. H :'uM EASURES'~o- vac ca~mentfimes. 1 NOTICE OF PUBLIC HEARING The City of Roanoke proposes to vacate a utility easement on property identified as Tax Map Nos. 1011001, 1011002, 1011003 and 1011004, located on Second Street, S.W., in connection with the Times-World Corporation expansion. Pursuant to the requirements of §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Octoberl 8, 2001, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Friday, Octoberl2, 2001. GIVEN under my hand this 2nd day of October .,2001. Mary F. Parker, City Clerk. Note to Publisher: Please publish once in The Roanoke Times on October 7,2001. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 N:\CADC~Notices\timesworldexpansion.wlxl The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 01772140 Times-World Corp. State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. /~_~ Sworn and subscribed before me this ........ day of Octo~e~ 2001~~,~ ~__ , _Wio~ess my hand and official sea~/~_~__~~_ , Notary Public My commission expires ~- ~/ o ~7_~- PUBLISHED ON: 10/07 TOTAL COST: 132.84 FILED ON: 10/10/01 RECEIVED CITY CLERKS OFF~ ~! OCT 12 P2: to vacate a utility easemeflt on ~.ldmtifled as Tax ~ Nos. 1011001, 2021~2 1011003 and 1011004 .l~ed on ~nd ~ S.W., In ~ ~ ~ Times-Worl~ Corporation 15.2-~B) ~ ~, ~ ~ (19~), ~ a~, ~ is hem~ t~ ~dl ~, 4~ ~, .~ c. T~ Mu~ B~ 2~ ~u~ A~, .S. W., Roa~ke, Virginia 2~11. ~ ~n ~ c~ c~ ~r ~ c~ of R~ ~ (~) ~-2~1. . ~ (~) ~-2~1, ~ ~my~2~ ~ ~ ~, 2~1. ~ F. P~, (17721~) Authorized /~ -- ."~;_ /'~/'-" / / CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk October 22, 2001 File #24-51-227 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35620-101801 amending and reordaining §36.1,~206, Permitted Uses, §36.1-227, Permitted Uses, and §36.1-249, Permitted Uses, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to provide for commercial printing establishments which print newspapers, publications and other materials, as permitted uses in the C-2, General Commercial District, C-3, Central Business District, and LM, Light Manufacturing District, of the City of Roanoke. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Thursday, October 18, 2001, and will be in full force and effect ten days following the date of adoption. Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: R. Matthew Kennell, President, Downtown Roanoke, Inc., 213 Market Street, S. E., Roanoke, Virginia 24011 Edwin C. Hall, Chair, Roanoke Regional Chamber of Commerce, 212 South Jefferson Street, Roanoke, Virginia 24011-1702 N:\CKM_141',Agenda.01\October 18, 2001 correspondenc .wpd Darlene L. Burcham October 22, 2001 Page 2 pc: The Honorable Virginia The Honorable Virginia The Honorable Virginia The The The The Honorable The Honorable The Honorable The Honorable The Honorable Richard C. Pattisall, Chief Judge, Twenty-Third Judicial Circuit of Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit of Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia Honorable Julian H. Raney, Jr., Chief Judge, General District Court George W. Harris, Jr., Judge, General District Court Vincent A. Lilley, Judge, General District Court William D. Broadhurst, Judge, General District Court Jacqueline F. Ward Talevi, Judge, General District Court John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable District Court The Honorable Court Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations Philip Trompeter, Judge, Juvenile and Domestic Relations District The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court The Honorable Donald S. Caldwell, Commonwealth's Attorney Sheila N. Hartman, Assistant Deputy City Clerk, (for transmittal by electronic mail to Municipal Code Corporation) Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Peggy B. Stewart, Office of the Magistrate Michael R. Meise, Law Librarian James D. Grisso, Director of Finance Rolanda A. Johnson, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney N:\CKMHl~,Agcnda.01\Oc~obcr 18, 2001 correspondenc .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2001. No. 35620-101801. AN ORDINANCE amending and reordaining §36.1-206, Permitted Uses, §36.1-227, Permitted Uses, and §36,1-249, Permitted Us. es, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to provide for commercial printing establishments which print newspapers, publications and other materials, as permitted uses in the C-2, General Commercial District, C-3, Central Business District, and the LM, Light Manufacturing District, of the City of Roanoke, and dispensing with the second reading of this ordinance. WHEREAS, because the present zoning ordinance does not adequately address the siting of commercial printing establishments in the City, as set forth in the City Manager's letter dated September 17, 2001, to this Council on the subject, City Council by the adoption of Resolution No. 33579-091701, found that the public necessity, convenience, general welfare and good zoning practices require the amendment of §§36.1-206, Permitted uses, 36.1-227, Permitted uses, and 36.1-249, Permitted uses., to provide that commercial printing establishments which print newspapers, publications and other materials shall be permitted uses in the C-2, General Commercial District., C-3, Central Business District., and the LM, Light Manufacturing District, of the City of Roanoke, and authorized the City Manager to request such an amendment to the zoning ordinance; H :LM EA SURE S'~o--amzoning uses. 1 WHEREAS, the City Manager has filed a request to amend the City's zoning ordinance, permitting such a use in the C-2, General Commercial District, C-3, Central Business District, and the EM, Light Manufacturing District, of the City of Roanoke; WHEREAS, the Planning Commission has held a public hearing on the City Manager' s request, and the Planning CommiSsion's recommendation on the request has been communicated to the City Council; and WHEREAS, because the present zoning ordinance does not adequately address the siting of commercial printing establishments in the City, City Council finds that the public necessity, convenience, general welfare and good zoning practices require the amendment of {}{}36.1-206, Permitted uses, 36.1-227, Permitted uses, and 36.1-249, Permitted uses, to provide that commercial printing establishments which print newspapers, publications and other materials shall be permitted uses in the C-2, General Commercial District, C-3, Central Business District, and the LM, Light Manufacturing District, of the City of Roanoke. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 36.1-206, Permitted uses, §36.1-227, Permitted uses, and §36.1-249, Permitted uses, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, are hereby amended to provide that commercial printing establishments which print newspapers, publications, and other materials shall be permitted uses in the C-2, H:~MEASURES\o-amzoninguses. 1 General Commercial District, C-3, Central Business Disthct, and the LM, Light Manufacturing District, of the City of Roanoke, and shall read and provide as follows: §36.1-206. Permitted uses. The following uses shall be permitted as principal uses in the C-2 district: (48) Commercial printing~ establishments which print newspapers, publications, and other materials. §36.1-227. Permitted uses. The following uses shall be permitted as principal uses in the C-3 district: (40) Commercial printing establishments which print newspapers, publications, and other materials. §36.1-249. Permitted uses. The following uses shall be permitted as principal uses in the LM district: (27) Commercial printing establishments which print newspapers, publications, and other materials. Pursuant to the provisions of§ 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. H:q~IEASURES\o-amzoninguses. 1 !HARTERED 1 ~882~E Roanoke City Department of Planning Building and Development Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-1730 (Fax) 853-1230 Email: planning@ci.roanoke.va.us October 18, 2001 The Honorable Ralph K. Smith, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: Subject: Proposed Zoning Amendment for Printing Establishments Planning Commission Action: The Planning Commission considered this matter at their afternoon session on October 18, 2001, and recommended approval of the proposed amendment by a vote of 6-0 (Messrs. Butler, Campbell, Manetta, Dowe, Rife and Chrisman voting in favor of the motion and Mr. Hill absent). Mr. David Bowers, Attorney representing Mr. Roger Roberts (owner of 121 Campbell Avenue, S.W.), spoke in opposition to the proposed amendment advising that this proposal would adversely affect his client as an adjacent property owner because it would allow the expansion of the Roanoke Times. He requested that the existing ordinance not be amended, as a new ordinance is proposed next year. Mr. Stan Barnhill, Attorney for the Roanoke Times, spoke in favor of the amendment advising that a change in law to permit printing establishments in the City was needed. He responded to Mr. Bowers' comments regarding the expansion of the Roanoke Times. Mr. Roger Roberts addressed the Commission in opposition to the proposed amendment. He agreed with the remarks of his attorney, Mr. Bowers, and advised that he felt the Roanoke Times' operations were different from other printing establishments that copied materials. Ms. Wendy Zomparelli, publisher for the Roanoke Times, appeared before the Commission and responded to comments regarding the expansion project. Letters in support of the proposed amendment were received from Downtown Roanoke, Inc. and the Roanoke Regional Chamber of Commerce (attached). Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals Background: Printing establishments are considered by the zoning administrator to be general service establishments or manufacturing establishments, depending on the processes and products involved. In the C-3, Central Business District, printing operations that involve manufacturing are permitted by special exception. An amendment to the zoning ordinance is needed to more appropriately provide for printing establishments. These types of establishments are typically found in both commercial and industrial districts and provide vital supporting services for many businesses and industries. On September 17, 2001, City Council adopted a resolution authorizing the filing of the proposed amendment by the City Manager. The amendment is attached for your review and consideration. Considerations: The proposed amendment would permit commercial printing establishments, which print newspapers, publications and other materials, outright in the C-2, General Commercial District, C-3, Central Business District, and LM, Light Manufacturing District. Recommendation: The Planning Commission recommended approval of the proposed amendment. Respectfully submitted, D. Kent Chrisman, Chairman Roanoke City Planning Commission CC; Darlene L. Burcham, City Manager Rolanda Johnson, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney October 10, 2001 Mr. D. Kent Chrisman & Members of the Roanoke City Planning Commission 215 Church Avenue, SW Room 162 Roanoke, VA 224011 ROANOKE REGiONaL CHAMBEr Of COMMERCE Dear Chairman Chrisman and members of the commission: The Roanoke Regional Chamber of Commerce is in support of an amendment to the zoning ordinance to create a "use by right" in the downtown commercial district to accommodate a new printing facility on Salem Avenue between First and Second Streets for the Roanoke Times. The request before the planning commission creates an opportunity to amend the zoning ordinance to officially accommodate an operation that essentially has operated here since 1914. The new building will be consistent with the existing Roanoke Times printing facility in the adjacent block of Salem Avenue. Moreover, the new facility will replace a surface parking lot and bring the parcels to their highest and best use in a manner that is compatible with the technology businesses in the new E-District. The greatest job growth in any community comes from its existing businesses, such as the Roanoke Times, which fuel the region's economy through jobs and taxes. The Chamber supports reasonable accommodations for the growth of existing business to support the local economy and help companies who have long demonstrated their commitment to this region prosper. Sincerely, Edwin C. Hall Chair C: Executive Committee The Honorable Ralph Smith Darlene Burcham Evelyn S. Lander Elizabeth Neu RE' IVE. D 212 S. JEFFER$ON STREET ROANOKE, VA 24011-1702 (540} 983-O700 FAX (540) 983-0723 bu$iness@roanokechamber, org WWW.ROANOKECHAM BER.ORG Downtown Roanoke Inc. 213 Market Street · Roanoke, VA 24011 o 540-342°2028 · FAX 344-1452 www. downtownroanoke, org · e-mail: dri@downtownroanoke, org EXECUTIVE COMMITTEE DON J. HARRISON First Union National Bank Chair M. HELEN BUTLER Carillon Health Systems Chair-Elect MARYELLEN F. GOODLATI'E Glenn Feldmann Darby & Goodlatte Immediate Past-Chair MICHAEL E. WARNER N & W Properties Secretary STEPHEN W. LEMON Martin Hopkins & Lemon, PC Treasurer & Vice-Chair MICHAEL T. DrrTRICH Pepsi Bottling Company Vice-Chair G. LOGAN FORSYTH Chas. Lunsford Sons & Associates Vice-Chair ROBERT H. FET'ZER Building Specialists, Inc. Vice-Chair SABRENE' BLEVINS Creative Ink Promotions At-Large VICTOR O. CARDWELL Woods Rogers & Hazlegmve At-Large R. MA'rFHEW KENNELL President DIRECTORS ROBERT K. BENGTSON City of Roanoke MICHAEL J. BRUNE'rTE NewsChannel 10 (WSLS-TV) CYNTHIA S. CASSELL Twist & Tums DR. DENNIS FISHER Carillon Bio-Medical Institute ELLIS L GUTSHALL Valley Bank TERRY HALL American Electric Power BONZ HART Meridium, Inc. JAMES N. HINSON First Virginia Bank-Southwest CAROLE J. HUGHES La De Da, Inc. F. GEOFFREY JENNINGS Frank L Moose Jeweler SUSAN W, JENNINGS The Arts Council of the Blue Ridge F. ALLAN POLLARD, II Comed Beef & Company KENNETH RA'rFENBURY Fret Mill Music Company MICHAEL R. RIELEY Verizon MANJrr S. TOOR Sherertz Franklin Crawford Shaffner, Inc. DENNIS TRAUBERT First Citizens Bank WILLIAM F. TRINKLE Francis Realtors GARY D. WALTON Hotel Roanoke & Conference Center MARK W. WOODS Woods Farms WILLIAM H. CARDER Roanoke City Council Liaison October 9, 2001 Mr. Kent Chrisman and Members of Roanoke City Planning Commission Noel C. Taylor Municipal Building 215 Church Avenue Roanoke, VA 24011 Planning and Code Enforcenlerlt Dear Chairman Chrisman and Commission Members: At a meeting this morning of the Board of Directors of Downtown Roanoke, Inc., I was authorized to write to let you know we support the proposed zoning ordinance amendment which will allow Newspaper Printing facilities by right in areas of the city currently zoned as C- 3. Over 85 years of experience of such operations existing peacefully with other property uses in the downtown central business district proves to our organization that this amendment to our current zoning ordinance is both necessary and overdue. In addition, we support the street closing requested by the Roanoke Times, as it is necessary for the construction of their important new facility. Sincerely, Matt Kennell President Cc: Don Harrison, Chair Greater Roanoke Region NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Planning Commission of the City of Roanoke will hold a public heating on Thursday, October 18, 2001, at 1:30 p.m., or as soon thereafter as the matter may be heard, on the Second Floor, Roanoke Higher Education Center, at 108 North Jefferson Street, to consider amendment of §36.1-206, Permitted Uses, §36.1-227, Permitted Uses, and §36.1-249, Permitted uses, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, in order to provide for commercial printing establishments including newspapers, publications and other printed materials as permitted uses in the C-2, General Commercial District, C-3, Central Business District, and the LM, Light Manufacturing District, of the City of Roanoke. The Council of the City of Roanoke will hold a public heating on Thursday, October 18, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., to consider amendment of § 36.1- 206, Permitted Uses, §36.1-227, Permitted Uses., and §36.1-249, Permitted uses, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, in order to provide for commercial printing establishments including newspapers, publications and other printed materials as permitted uses in the C-2, General Commercial District, C-3, Central Business District, and the LM, Light Manufacturing District, of the City of Roanoke. Copies of the proposed amendment to be considered by the Planning Commission and City Council are available for review in the Office of the City Clerk, Room 456, located in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Any questions about the proposed amendment should be directed to the Department of Planning Building and Development (540) 853-1730. If you are a person with a disability who needs accommodations for the Planning Commission heating, please contact the Department of Planning Building and Development (853- 1730) by Monday, October 15, 2001. If you are a person with a disability who needs accommodations for the City Council hearing, please contact the City Clerk's Office (853-2541), before 12:00 noon on Friday, October 12, 2001. Citizens of the City shall be given an opportunity to appear and be heard by the Planning Commission and City Council on the subject of the proposed amendment. GIVEN under our hands this 26th day of September ,2001. Martha P. Franklin, Secretary, Planning Commission Mary F. Parker, City Clerk H:~AMI SC~n-amendpe~nitt ed uses. 101801 Note to Publisher: Please publish twice in The Roanoke Times on Friday, September 28, 2001, and Friday, October 5, 2001. Send Publisher's Affidavit and Bill to the following individuals: Mary F. Parker, City Clerk Room 456 Noel C. Taylor Municipal Building 215 Church Avenue, S.W.' Roanoke, Virginia 24011 Martha P. Franklin, Secretary, Planning Commission Room 166 Noel C. Taylor Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 H:~MISC~-ame~d~t~l u~. 101801 The Roanoke Times Roanoke, Virginia Affidavit of Publication ~__ ~ The Roanoke Times ........ m.--- ~ .................................... + ......... ROA CLERK'S 215 ATT: ~RY ~RKER, CL ~O~NO~ v~4o~ REFERENCE: 80023382 01765194 Permitted Uses State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this __. day of OctQ~p~ ~00~ ~tness my hand and official se~--~~_~._~~~.''''~'' , Notary Public / / My commission expires F-'.~/- PUBLISHED ON: 09/28 10/05 TOTAL COST: 449.74 FILED ON: 10/10/01 .................................................. , Billing Service NOTICE ~ PUBU¢ HEARING TO WHOM ff MAY CONCERN: The Planning Commission ~f the City of ~oanoke will hold a public hearing on Thursday, October 18, 2001, at 1:30 p.m., or as soon thereafter as the matter may. be heard, on the Second Roor, Roanoke Hi~er Education Center, at 108 North Jefferson Street,. to consider amendment of §36.1- 206, PERMITFED USES, §36.1- 227, PERMITTED USES, and §36.1-249, PERMIT[ED USES, of Chapter 36.1, ZONING, of the Code of the City of Roanoke (1979), t~s amended, in order to provlda for commer- cial printing eatabllshmants Including newspapem, publica- tions and other printed materi- als as permitted uses in the C-2, General Commemlal Dis- trict, C-3, Central Business Dis- trict, and the LM, I:i~t Monu- facturing District, of the C~y of Roanoke. The Council of the City of Roanoke wilt hold a public hearing on Thursday, October 18, 2001~ at 7:00 p.m., or as ' soon thereatter as the matter may be heard, in the Council Chamber In the Noel C. Taylor Municipal Building, 215 Chumh Avenue, S. W., to consider amendment of §36.1-206, PERMITTED USES, §36.1-227, PERMITIED USES, and. §36.1- 249, PERMI1TED USES, of Chapter 36.1, ZONING, of the Code of the City of Roanoke (1979), as amended, in order to provide for commercipl, print- ing establishments including newspapem, publications and other printed materials as per- mitred uses in the C-2, General Commercial IDist~ct, C-3, Con- tml Business District, and the LM, Ught Manufasturlng Dis. Mc-t, of the City of Roanoke. Cof~as of the proposed amend- merit to be considered, by the Planning Commission and City Council are available for re~ew In the Offioa of the City Cle~, Room 456, located in the Noel C. Taylor Municipal Building, 215 Chumh Avenue, S. W., Roanoke, VIl~lnia 24011. Any questions about the proposed amendment shoulri be directed to the Department of Plennlng Building and Development (540) 853-1730. If you are a person with a dis- ability who needs accommoda- tions for the Planning Commis- sion beadng, please contact the Def~art[nent of Planning Building and Development (853-1730)' by Monday, Octo- ber 15, 2001. ~ If you nra a person wfth · dis- ebllify who needs accomrnoda. tlons for the City Council hear- lng, pleaea contact the City Clerk's Office (853-2641), before 12:00 noon or~ Friday, O~ober 12, 2001. Cltizon$ of the City shall be given an opportunity to appear and be heard by the Planning Commission end City Council onthe subject of the proposed amendment. - GIVEN under our handa this 28th day of September, 2001. Mertha P. Franklin, Se~ratmy Planning Commission Mnpj F. Parker, City Clerk (1765194) ve CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Octol~er 22, 2001 File #24-51 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35621-101801 amending and reordaining §36.1-723, Penalty for violations, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, revising the penalties for violations of the zoning ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Thursday, October 18, 2001, and will be in full force and effect ten days following the date of adoption. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: The Honorable Richard C. Pattisall, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Diane McQ. Strickland, Judge, Virginia The Honorable Clifford R. Weckstein, Judge, Virginia N:\CKMHlXA$cnda.0l'~Octotx.w 18, 200l correspondcnc .wpd Twenty-Third Judicial Circuit of Twenty-Third Judicial Circuit of Darlene L. Burcham October 22, 2001 Page 2 pc: The The The The The The The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia Honorable Julian H. Raney, Jr., Chief Judge, General District Court Honorable Honorable Honorable Honorable George W. Harris, Jr., Judge, General District Court Vincent A. Lilley, Judge, General District Court William D. Broadhurst, Judge, General District Court Jacqueline F. Ward Talevi, Judge, General District Court The Honorable District Court The Honorable District Court The Honorable Court The Honorable Court John B. Ferguson, Chief Judge, Juvenile and Domestic Relations Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations Philip Trompeter, Judge, Juvenile and Domestic Relations District Joseph P. Bounds, Judge, Juvenile and Domestic Relations District The Honorable Donald S. Caldwell, Commonwealth's Attorney D. Kent Chrisman, Chair, City Planning Commission, 2319 Avenham Avenue, S. W., Roanoke, Virginia 24014 Sheila N. Hartman, Assistant Deputy City Clerk, (for transmittal by electronic mail to Municipal Code Corporation) Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Peggy B. Stewart, Office of the Magistrate Michael R. Meise, Law Librarian Dadene L. Burcham, City Manager James D. Grisso, Director of Finance Rolanda A. Johnson, Assistant City Manager for Community Development William M. Hackworth, City ^ttorney Steven J. Talevi, Assistant City Attorney ^. L. Gaskins, Chief of Police Martha P. Franklin, Secretary, City Planning Commission N:\CKMHlXAgenda.01\October 18, 2001 correspondenc .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2001. No. 35621-101801. AN ORDINANCE amending and reordaining §36.1-723, Penal _ty for violations, of Chapter 36.1, Zoning, of the Code of the city of Roanoke (1979), as amended, revising the penalties for violations of the zoning ordinance, and dispensing with the second reading of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-723, PenalW for violations, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, is amended and reordained to read and provide as follows: §36.1-723. Penalties for violations. The owner or general agent of the building or premises where a violation of any provisions of this chapter has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist, shall be guilty of a misdemeanor punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($ l O00.O0). If the violation is uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in compliance with the zoning ordinance, within a time period established by the court. Failure to remove or abate a zoning violation within the specified time period shall constitute a separate misdemeanor offense punishable by a fine of not H:'q~m~.$ URES~o-.am~oningcivilp~v,l~]. 1 less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00), and any such failure during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period punishable by a fine of not less than one hundred dollars ($100.00) nor more than one thousand five hundred dollars ($1,500.00). 2. Pursuant to the provisions of § 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. 2 RECEIVED CITY CLERKS OFFICE Roanoke City Department of Planning Building and Development Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-1730 (Fax) 853-1230 Email: planning@ci.roanoke.va.us · 01 OCT 12 AIO :1 1 October 18, 2001 The Honorable Ralph K. Smith, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Amendment to Section 36.1-723, Penalty for violations of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, providing for increased criminal penalties for the enforcement of zoning provisions and deleting civil penalties from the enforcement provisions of the zoning ordinance. Planning Commission Action: The Planning Commission considered the proposed amendment on September 20, 2001, and voted 5-0 (Messrs. Butler, Campbell, Manetta, Dowe and Chrisman voting in favor; Messrs. Hill and Rife absent). Background: The attached proposed amendment to the Zoning ordinance is recommended to provide the City of Roanoke with the authority granted to localities by the state legislature by a recent amendment of the Virginia Code. Planning Commission authorized the filing of the amendment on August 16, 2001. The proposed amendment provides for higher criminal penalties for violations of the zoning ordinance. The current code provides for a fine ranging from a minimum of $10.00 to $1,000.00 for an offense. If the violation is uncorrected at the time of conviction, the new code provision provides that such failure is a separate offense, punishable by a fine of not less than $10.00 and not more than $1,000.00. In addition, the new code provision would provide that failure during any ten day period after a court order to correct a violation shall constitute a separate offense for each ten day period, and each such offense shall be punishable by a fine of not less than $100.00 and not more than $1,500.00. Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals It should be noted that the proposed amendment deletes an existing provision in the zoning ordinance that provides for civil penalties for violations ranging from $50.00 to $250.00. Currently, this section of the code is not applicable to our enforcement operations (we pursue criminal penalties for violations). However, additional revisions to the code and enforcement operations are presently under consideration to address civil penalties for zoning violations. Recommendation: Planning Commission recommends that City Council adopt the proposed amendment to Section 36.1-723 of the zoning ordinance providing for increased criminal penalties for the enforcement of zoning provisions and deleting civil penalties from the enforcement provisions of the zoning ordinance. Respectfully submitted, D. Kent Chrisman, Chairman Roanoke City Planning Commission attachment c: Dadene L. Burcham, City Manager Rolanda Johnson, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steve Talevi, Assistant City Attorney NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a public hearing on Thursday, October 18, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider amendment of §36.1-723, Penalties for violation., the Code of the City of Roanoke (1979), as amended, relating to criminal penalties for violation of the City's Zoning Ordinance. Citizens of the City shall be given an opportunity to appear and be heard by Council on the subject of the proposed amendment. Copies of the proposed amendment to be considered by City Council are available for review in the Office of the City Clerk, Room 456, located in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Any questions about proposed amendment should be directed to the Department of Planning, Building and Development (540) 853-1730. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office (853-2541), before 12:00 noon on Friday, October 12, 2001. GIVEN under my hand this 26th day of September, 2001. Mary F. Parker, City Clerk. Note to Publisher: Please publish twice in The Roanoke Times on Friday, September 28, 2001 and October 5, 2001. Send Publisher's Affidavit and Bill to the following individual: Mary F. Parker, City Clerk Room 456, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 l:Xn-amendzoncrimp6m. 1 NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: ~ ~ .L:~ Comm '"~' '0\ ' The Roanoke City Planning o~on will hold a public hearing on Thursday, September 20, 2001, 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the following: An ordinance amending Section 36.1-723, Penalty for violations, Subsection (a) Criminal penalties, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, providing for the enforcement of zoning provisions. A copy of said applications are available for review in the Department of Planning Building and Development, Room 166, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person who needs accommodations for this hearing, please contact the Department of Planning Building and Development at 853-2344 before 12:00 noon on the Monday before the date of the hearing listed above. Martha P. Franklin, Secretary Roanoke City Planning Commission Please print in newspaper on Tuesday, September 4 and 11, 2001 Please Bill and send affidavit of publication to: Department of Planning Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 01765074 Penalties for violat State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. ~ Sworn and s~bscribed bgfore me this /~ day of Octob~r/20O~i~n~ss my hand and official s eal~_~__~~_ , Notary Public My commission expires ..... ~ -37- c~ PUBLISHED ON: 09/28 10/05 · ~l~;~00_ 1, ~t 7.'00 p.m., ~ ss lTiESment of ~36.1-723, 0rdlnanse. · ~ct of the proposed am~. in U~ Ollice of the City Clerk, C:~r~ mu.~m Su,dln~ 215 Church A,,~rme, S. W., .:~flT~l~ons about proposed "~'~lT~Tng and DeVeloPment 1~) 8S3-17SO. ff~ama~w(thu .d? '~1iM2541), before ~2:00 2001. , ~1~ under my hand this 26th d~ ~ S~ptember, 2001. 'r,a ~hMary F. Parker, City Clerk ~X~074) Authorized O ~n Signature: , Billing Services Representative TOTAL COST: 222.88 'iL .D ON: 10/10/01 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk October 22, 2001 File #24-51-110-249 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Thursday, October 18, 2001, a public hearing was held with regard to amending Section 36.1-640, Appointment, membership, Division 2, Architectural Review Board, Article VII, Administration, Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, to eliminate certain qualifications for membership on the Architectural Review Board. The matter was tabled pending further study, report and recommendation to Council. Mary F. Parker, CMC City Clerk MFP:mh pc: D. Kent Chrisman, Chair, City Planning Commission, 2319 Avenham Avenue, S. W., Roanoke, Virginia 24014 Martha P. Franklin, Secretary, City Planning Commission Robert B. Manetta, Chair, Architectural Review Board, 2831 Stephenson Avenue, $. W., Roanoke, Virginia 24014 J. Neil Holthouser, Secretary, Architectural Review Board Steven J. Talevi, Assistant City Attorney N:\CKMHBA. gcnda.01\October 18, 2001 correspondcnc .wpd ~CHARTERED 18L~ Roanoke City Department of Planning Building and Development Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-1730 (Fax) 853-1230 Email: planning@ci.roanoke.va.us The Honorable Ralph K. Smith, Mayor and Members of City Council Roanoke, Virginia October 18, 2001 Dear Mayor Smith and Members of Council: Subject: Amendment to Section 36.1-640 of the Code of the City of Roanoke, (1979), as amended, regarding the appointment and membership of the Architectural Review Board (ARB) Planning Commission Action: The Planning Commission considered this matter at their afternoon session on October 18, 2001, and a motion to approve the proposed amendment failed by a vote of 0-5 (Messrs. Butler, Campbell, Manetta, and Chrisman voting in opposition to the motion and Messrs. Hill and Dowe absent). During the discussion of the proposed amendment, Mr. Chrisman and Mr. Manetta expressed concerns with respect to removing the requirement for at least two architects on the Board. They felt that the Board needed architects to maintain validity and to serve the needs of the City's historic districts. Other Commission members expressed similar concerns. Mr. Manetta, as Chairman of the ARB, provided a written statement to the Commission that summarized his concerns (attached). Commission members requested additional information regarding the reason for the proposed amendment. Mr. Robert Richert, 415 Allison Avenue, addressed the Commission as a citizen and as a member of the current Architectural Review Board. He advised that all members of the ARB should have an interest in history and preservation. He advised that to have an ARB without architects is not desirable. In addition, to have an ARB with all architects is not desirable. He was in favor of some architects on the ARB and felt that the existing language requiring two architects was appropriate. Background: A committee appointed by City Council in January, 2001, reviewed and made recommendations regarding restructuring various City authorities, boards, commissions and committees. Many of Council's recommendations set forth in the Committee report dated April 2, 2001, have been implemented. One recommendation the committee made was to amend Section 36.1-640 of the Zoning Ordinance to delete certain requirements for members on the Architectural Review Board. Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals On September 17, 2001, City Council adopted a resolution authorizing the filing of an amendment to the code by the City Manager. The proposed amendment that is to be considered by the Planning Commission is attached for your review. Considerations: At present, members of the Architectural Review Board are required to meet certain eligibility requirements set forth in the Zoning ordinance. Currently, Section 36.1-640 provides for the following requirements for members: "All members shall have an interest, competence or knowledge in historic preservation. At least one (1) of the members appointed shall be selected from the membership of the city planning commission, at least two (2) members shall be registered architects, and at least one (1) member shall be a person who has a demonstrated knowledge of and interest in the history of the city." The proposed amendment would eliminate all of these requirements for board membership. City Council is currently interviewing candidates for two positions on the Architectural Review Board. Recommendation: Planning Commission's motion to recommend approval of the proposed amendment failed by a vote of 0-5. Respectfully submitted, D. Kent Chrisman, Chairman Roanoke City Planning Commission CC; Darlene L. Burchman, City Manager Rolanda Johnson, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Memo To: Chairman: Kent Christman and members of the Roanoke City Planning Commission From: Robert B. Manetta, Chairman, Architectural Review Board Date: 10/18/01 Re: Proposed Ordinance to Amend Appointment, membership, of Division 2, Architectural Review Board, to eliminate ccrtaL~ qualificatio~ for members of thc Architectural Review Board, I am writing to request that the Commission consider an alternative to the proposed Ordinance that would amend the requirements for membership on the Architectural Review Board (ARB). The Ordinance as proposed by the City Manager would remove four requirements for membership First, it would remove the requirement that there be one member of this Planning Commission serving on the ARB. As most of you are aware, I currently ,serve in that dual capacity. However, I would support this change. It is my understanding that the ARB was in part a creation of the Planning Commission. This is not surprising since in many states Planning Commissions exercise many of the same powers that the ARB currently enjoy. However, during the years that I have served in this capacity, I have seen almost no advantage in having a dual membership. The business of one body has rarely been of interest to the other. I would not think that this situation is likely to change. Secondly, the City Manager's Ordinance would remove any requirement that at least one member demonstrate a knowledge and interest in the history of the city. Although, I do think it very important that most members have such an appreciation, I would think it highly unlikely that Council could or would ever populate the ARB with seven members with no knowledge of the history of Roanoke. Therefore, although I see no real reason why council would not want to continue such a requirement, I see little possibility that its removal would keep the ARB from fulfilling its role of protecting the neighborhoods it serves. Thirdly, the City Manager's Ordinance would remove a requirement that "all members have an interest, competence or knowledge in historic preservation". All city employees whom have staffed the ARB over the years have been able to provide the Board with advice in matters concerning historic preservation. In addition, a representative of the regional office of the Virginia Department of Histodc · Page I Resources frequently attends ARB meetings and has provided critical advice over the years. I have found having such a person on the board very helpful. I would recommend that there be a requirement that someone with a professional background in historic preservation or restoration be on the ARB. However, if Council chooses to totally remove the requirement professional advice on historic preservation can be obtained. Finally, the City Manager's Ordinance would remove the requirement that two members of the ARB be Architects. I have done an Intemet search on membership requirement of ARBs across the country. Of the ones that I contacted, almost all- local governments with such Boards required that at least one member be an Architect, most required two and a few required that all be architects. Further, I got additional feed back from one administrator in Califomia. He gave me some very good advice and I think it is key. Most Architects will not respect a Board that does not contain Architects. Architects are highly trained professionals, unlike planning commissioners; ARB members can not be trained as Architects by attending a couple of two-day training programs. If an Architect is representing the owner of property, only another Architect has the professional authority to recognize and discuss the flaws in a professionally designed project. Unless the city intends to hire an Architect to advise the Board at each meeting, the ARB will have a very difficult time evaluating and deciding on the appropriateness of professionally developed plans. Think of what it will be like if the plans for the new Imax have to be reviewed by seven non-architects. By having Architects on the ARB, the city avoids such accusations that the board is acting based on nothing but personal taste. Many times, the Architects spot serious flaws to proposed changes to buildings. More importantly there are many times the Board may be moving in the direction of denying a proposal that has merit but falls far short of the Guidelines. It is usually one of the Architect on the Board that makes suggestions that cure the problem and results in the approval of the Certificate of Appropriateness. This is a major reason why our approval rate is so high. As to the number of Architects, I feel that the minimum should stay at two. The individual Architects on our board represent some of the best firms in the region and some of the best talent those firms have to offer. Many times a particular members firm has a business interest in a project, which means that he or she can not participate due to a conflict of interest. If we only had one Architect, that would mean that we would again be reviewing a project designed by a major firm with out the benefit of a Professional. Therefore, I think that the appointment of two Architects is absolutley necessary. Although, the original proposed amendment has not been presented to the ARB for its review or comments, my discussion with various Board members reveals that, at least, a majority would agree with my position. Therefore, I request that the Planning Commission accept my alternative Ordinance and recommend to the City Council that it retain the requirement that at least two members of the Board be registered Architects. · Page 2 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Planning Commission of the City of Roanoke will hold a public hearing on Thursday, October 18, 2001, at 1:30 p.m., or as soon thereafter as the matter may be heard, on the Second,Floor, Roanoke Higher Education Center, at 108 North Jefferson Street, to consider amendment of §36.1-640, Architectural Review Board, of the Code of the City of Roanoke (1979), as amended, by eliminating certain qualifications for membership on the Architectural Review Board; and The Council of the City of Roanoke will hold a public hearing on Thursday, October 18, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., to consider amendment of §36.1-640, Architectural Review Board, of the Code of the City of Roanoke (1979), as amended, by eliminating certain qualifications for membership on the Architectural Review Board. Copies of the proposed amendment to be considered by the Planning Commission and City Council are available for review in the Office of the City Clerk, Room 456, located in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Any questions about the proposed amendment should be directed to the Department of Planning Building and Development (540) 853-1730. If you are a person with a disability who needs accommodations for the Planning Commission heating, please contact the Department of Planning Building and Development (853-1730) by Monday, October 15, 2001. If you are a person with a disability who needs accommodations for the City Council hearing, please contact the City Clerk's Office (853-2541), before 12:00 noon on Friday, October 12, 2001. Citizens of the City shall be given an opportunity to appear and be heard by the Planning Commission and City Council on the subject of the proposed amendment. GIVEN under our hands this 26th day of September ,2001. Martha P. Franklin, Secretary, Planning Commission Mary F. Parker, City Clerk H:ki. MI SOa -amendarbpccc. 101801 Note to Publisher: Please publish twice in The Roanoke Times on Friday, September 28, 2001, and Friday, October 5, 2001. Send Publisher's Affidavit and Bill to the following individuals: Mary F. Parker, City Clerk Martha P. Franklin, Secretary, Planning Commission Room 456 Room 166 Noel C. Taylor Municipal Building Noel C. Taylor Municipal Building 215 Church Avenue, S.W. 215 Church Avenue, S. W. Roanoke, Virginia 24011 Roanoke, Virginia 24011 H:L~dlS C-'~n- amen darbpcec. 101801 c~ .~ The Roanoke Times · u. (~4 Roanoke, Virginia ~U#~ ~o ~ Affidavit of Publication ~ TO ~0~ U ~Y C~C~N: ~ ~ ~e ~,nni~ ~mm~. ~ ~ ~ The Roanoke Times ~~,~a ~lc h~ on ~u~y, ...... ~-- ~ ..................................... + .......... ~r ~, ~1, ~ 1:30 ~ ~ p.m., or ~ ~ ~r as ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 01765578 Arch. Review Bd State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this ___/~ day of Octo~r~2D01./PWitn~ss my hand and official seal~~_~__~ , Notary Public My commission expires ~-~__~~ ...... PUBLISHED ON: 09/28 10/05 TOTAL COST: 374.12 FILED ON: 10/10/01 the matter may be heard, on the Second Floor, Roanoke Hi~er Education Center, at 108 North Jefferaun S~ to conskldr amendment of ~36.1- 640, ARCHITECTURAL REVIEW of Roenobo (1979), as amend- ed, by eliminating c~toin quali- flcaUons for membership mt and Tim Council of the City of Roanoke will bold ,, public hoadng on Thumday, October 18, 2001, at 7:00 p.m.,.or as soon thereafter as Ute matter may bo heard, in the Cooiicll Chamber In Ute Noel C. Tayior Municipal Building, 215 Church Avenue, S. W., to consider amendment of §36.1-640, ARCHITECTURAL REVIEW of Roanoke (1979), as emend- ed, by ellminatlr~ certaIn quMI- floations fo~ memberahlp on the Architectural Review Board. Copies of the propom~ amend- mant to be considered by ttm Plenning Commi~lon and City Council ore available for review m 456, located In the Noel C.. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, VIrginld 24011. Any questions about the proposed amendment should be directed · to .t~e Department of Planning Building and Development (54O) 8S3-1730. If you are a parso~ with a dls- tioas for the I~anning Commis. sion hearing, pldaea contact the Dopartment of ~lannlng Building and Development (853-1730) by Monday, Octo- ber 15, 2001. Authorized /~ ~~ Signature:~~ ._ If you are · person with a dis- ability who needs acoammoda. tions for the City Council hear- ing, please contact the City Clerk's Office (853-2541), before /2:00 noon on Friday, , CIUZeoa of the Cit~ shall be given an opportunity to appear and bo heard by the Planning Comml~dun and Ci~. Councl/ amendment. GIVEN under our tumds this .26th day of September, 2001. · Martha P. Franklin, ~ecratafy, Pl8nnln~ Comml~on Mar~ F. Pa~r, C~y C~°rk (17655?8) I ............................. Billing Services Representative RALPH K. SMITH Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 l- 1536 Telephone: (540) 853-2541 Fax: (540) 853-I 145 October 18, 2001 Council Members: William D. Bestpitch William H. Carder C. Nelson Hams W. Alvin Hudson, Jr. William White, Sr. Linda F. Wyatt The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: I am attaching copy of my October 8 memorandum relative to the proposed renaming of Elmwood Park to honor Dr. Martin Luther King, Jr. When this item is addressed on our October 18 agenda, I would like to request that I be allotted approximately 10 minutes, prior to public comments, to formally speak to a proposed compromise proposal. With best regards, I am Sincerely, C. Nelson Harris Council Member CNH:MFP:sm Attachment H:~.ou~cil. Ol~klall~.~e~amin~ ~ park.w~xl p.1 MEMO To.' Mayor and Members of Roanoke City Council From: Nelson Harris - Re: MLK Memorial Date: October 8, 2001 RECEIVED CITY CLERKS OFFICE 10CT-9 P2:42 As you are aware, a public hearing has been scheduled for our upcoming October 18th meeting relative to the proposed renaming of Elmwood Park to honor Dr. Martin Luther King, Jr. There has been much public discussion and disagreement over this proposal. In an effort to bridge opposing opinions and develop a plan that has the potential of receiving broad public support, I wish to propose for your consideration the following concept. In the "Outlook Roanoke" plan regarding downtown, there is the recommendation that Bullitt Avenue be extended to intersect with Williamson Road. Presently, Bullitt Avenue dead ends just past the library. Should Bullitt continue through to Williamson Road, there would be a natural division of Elmwood Park. Herein lies my compromise. On the south side of Bullitt would remain the library, ampitheatre, and majority of park land. This south side could retain the Elmwood Park name. On the north side of Bullitt would be a rectangular park area containing the lilly ponds and plaza area. I propose that this area be named to honor Dr. King. To determine if this concept would be acceptable to some who have expressed an interest in this issue, I spoke with Vice-mayor Bill Carder last week. Mr. Carder served as Council's liaison to the Dr. King Memorial Committee. He was very favorable and agreed to meet with the leaders of the King Committee along with Pemella Chubb- Wilson of the SCLC and Brenda Hale of the NAACP. All were very positive toward this compromise. Additionally, I have spoken with others ha the community who wished to preserve the Elmwood name, and they too were very favorable to the compromise. truly believe this concept is a "win-win." This compromise serves the interests of all who have entered the public discussion of the issue. The concept meets the criteria of the King Memorial Committee in that it honors Dr. King with a centrally-located memorial in a prominent public space, and it allows the historic name of Elmwood to be retained for the parcel of'land long identified as being Elmwood Park. I would appreciate your comments and thoughtful consideration of this idea. My intention is to float this concept publicly prior to our public hearing in an effort to diffuse Oc~ OB 01 community disagreement and gain consensus. Please know that I have been working in tandem with Mr. Carder and would invite you to be in contact with him as well. As this ha~ unfolded, I have also been in contact with our city manager. Again, I thank you for your consideration of this concept and would welcome your support. Sincerely, Nelson Harris Cc: Darlene Burcham 540-853--60i5 i We the undersigned citizens and residents of the Roanoke Valley, strongly oppose the renaming of Eimwood Park located on the corners of Jefferson, Elm and Williamson. To rename an existing historic landmark that dates back to 1911 would not only dishonor our early settlers who once lived on this land, but equally be an injustice to Dr. King. "Agenda pushing" is not in the best interest to ali parties involved in this matter, and is greatly advised against. We strongly urge City Council to take note of these signatures. ~. . r' i'o o 'z ,el,~ ~:/: ,~ n~ e.,~ ~. l ~ 5.._ We the undersigned citizens and residents of the Roanoke Valley, strongly oppose the renaming of Elmwood Park located on the corners of Jefferson, Elm and Williamson. To rename an existing historic landmark that dates back to 1911 would not only dishonor our early settlers who once lived on this land, but equally be an injustice to Dr. King. "Agenda pushing" is not in the best interest to all parties involved in this matter, and is greatly advised against. We strongly urge City Council to take note of these signatures. :/'-/ iooO RALPH K. SMITH Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-254! Fax: (540) 853-1145 October 18, 2001 Council Members: William D. Bestpitch William H. Carder C. Nelson Harris W. Alvin Hudson, Jr. William White, Sr. Linda E Wyatt The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: I am attaching copy of my October 8 memorandum relative to the proposed renaming of Elmwood Park to honor Dr. Martin Luther King, Jr. When this item is addressed on our October 18 agenda, I would like to request that I be allotted approximately 10 minutes, prior to public comments, to formally speak to a proposed compromise proposal. With best regards, lam Sincerely, C. Nelson Harris Council Member CNH:MFP:sm Attachment H:\Coundl. Ol\Harris\Renaming Elmwood Park.wpd Oct 08 O1 OB:30p Reverend C. Nelson ~arris 540-B53-6015 p.1 MEMO To: Mayor and Members of Roanoke City Council From: Nelson Harris Re: MLK Memorial Date: October 8, :200I RECEIVED CITY CLERKS OFFICE .'0! 001'-9 P2:42 As you are aware, a public hearing has been scheduled for our upcoming October 18th meeting relative to the proposed renaming of Elmwood Park to honor Dr. Martin Luther King, Jr. There has been much public discussion and disagreement over this proposal. In an effort to bridge opposing opinions and develop a plan that has the potential of receiving broad public support, I wish to propose for your consideration the following concept. In the "Outlook Roanoke" plan regarding downtown, there is the recommendation that Bullitt Avenue be extended to intersect with Williamson Road. Presently, Bullitt Avenue dead ends just past the library. Should Bullitt continue through to Williamson Road, there would be a natural division of Elmwood Park. Herein lies my compromise. On the south side of Bullitt would remain the library, ampitheatre, and majority of park land. This south side could retain the Elmwood Park name. On the north side of Bullitt would be a rectangular park area containing the lilly ponds and plaza area. I propose that this area be named to honor Dr. King. To determine if this concept would be acceptable to some who have expressed an interest in this issue, I spoke w/th Vice-mayor Bill Carder last week. Mr. Carder served as Council's liaison to the Dr. King Memorial Committee. He was very favorable and agreed to meet with the leaders of the King Committee along with Pcrnella Chubb- Wilson of the SCLC and Brenda Hale of the NAACP. All were very positive toward this compromise. Additionally, I have spoken with others in the community who w/shed to preserve the Elmwood name, and they too were very favorable to the compromise. ! truly believe this concept is a "win-wm." This compromise serves the interests of all who have entered the public discussion of the issue. The concept meets the criteria of the King Memorial Committee in that it honors Dr. King with a centrally-located memorial in a prominent public space, and it allows the historic name of Elmwood to be retained for the parcel of land long identified as being Elmwood Park. I would appreciate your comments and thoughtful consideration of this idea. My intention is to float this concept publicly prior to our public hearing in an effort to diffuse Oct 5~0-853-6015 OB O1 OB:31p Reverend C. Melson Harris community disagreement and gain consensus. Please know that I have been working in tandem with Mr. Carder and would invite you to be in contact with him as well. As this has unfolded, I have also been in contact with our city manager. Again, I thank you for your consideration of this concept and would welcome your support. Sincerely, Nelson Harris Cc: Darlene Burcham Oct 08 O1 08:31p Reverend C. Melson Harris 540-B53-BO15 p.3 Downtown Roanoke Inc. 21:3,~4ial:ke~'l:~.[.~e~noke .,VrA 24011. 540-342.2028. FAX 344-1452 ['~v~.o~a~k~.~. e-mail: dri@downtownroanoke, erg EXECUTIVE COMMITTEE DON J. HARRISON First Union National Bank Chair M. HELEN BUTLER Cadlion Health Systems Chair-Elect MARYELLEN R GOODLATTE Glenn Feldmann Darby & Goodlatte Immediate Past-Chair MICHAEL E. WARNER N & W Properties Secretary STEPHEN W. LEMON Martin Hopkins & Lemon. PC Treasurer & Vice-Chair MICHAEL T. DI'ITRICH Pepsi Bottling Company Vice-Chair G. LOGAN FORSYTH Chas. Lunsford Sees & Associates Vice-Chair ROBERT H. FETZER Building Specialists, Inc. Vice-Chair SABRENE'BLEVINS Creative Ink Promotions At-Large VICTOR O. CARDWELL Woods Re, ers & Hazlegrove At-Large R. MATFHEW KENNELL President DIRECTORS ROBERT K. BENGTSON City of Roanoke MICHAEL J. BRUNEI-I'E NewsChannel 10 (WSLS-TV) CYNTHIA S. CASSELL Twist & Turns DR. DENNIS FISHER Cadlion Bio-Medical Institute ELLIS L. GUTSHALL Valley Bank TERRY HALL American Electric Power BONZ HART Meridium, Inc. JAMES N. HINSON First Virginia Bank-Southwest CAROLE J. HUGHES La De Da, Inc. F. GEOFFREY JENNINGS Frank L. Moose Jeweler SUSAN W. JENNINGS The Arts Council of the Blue Ridge F. ALLAN POLLARD, II Corned Beef & Company KENNETH RATrENBURY Fret Mill Music Company MICHAEL R. RIELEY Verizon MANJIT S. TOOR Sherertz Franklin Crawford Shaffner, Inc. DENNIS TRAUBERT First Citizens Bank WILLIAM F. TRINKLE Francis Realtors GARY D. WALTON Hotel Roanoke & Conference Center MARK W. WOODS Woods Farms WILLIAM H. CARDER Roanoke City Council Liaison October 9, 2001 '01 OCT 10 P3:28 The Honorable Mayor Smith and Members of Roanoke City Council Noel C. Taylor Municipal Building 215 Church Avenue Roanoke, VA 24011 Dear Mayor Smith and Members of Council: At our meeting this morning of the Board of Directors of Downtown Roanoke, Inc., I was authorized to write you on behalf of our organization to let you know we support the proposed zoning ordinance amendment which will allow Newspaper Printing facilities by right in areas of the city currently zoned as C- 3. Over 85 years of experience of such operations existing peacefully with other property uses in the downtown central business district proves to our organization that this amendment to our current zoning ordinance is both necessary and overdue. In addition, we support the street closing requested by the Roanoke Times, as it is necessary for the construction of their important new facility. Sincerely, Matt Kennell President Cc: Don Harrison, Chair Greater Roanoke Region OF VIRGINIA SEP-27-2001 18:27 ROANOKE TIMES RETAIL ADU. 15489813171 P.01×01 The Roanoke Times - Retail Advertising Insertion Order/Confirmation Order Date: September 26, 2001 Client Information: MARY F PARKER CITY OF ROANOKE MUNICIPAL BLDG ROANOKE, VA 24011 Phone:540-853-2541, Ext. Fax: 540-853-1145 Sales Asst.. Information: Jennifer Holley Phone: 540-981-3120 Fax: 540-981-3171 Account Number: 10154151 Payment Information: Ad Proof: via fax Dett Ad Description Sectip. n -Retl-Uested/Comments ,4d Si~e Net Cost Sat 9/29 Elmwood Park LocalNA 2x3 $190.78 Sat 10/6 Elmwood Park Local/VA 2x3 $197.46' Net Total: $388.24 *Price difference due to annual rate increase Please Note -All advertising accepted according to the texms and conditions outlincd in the applicable cunent rate card. .Applicable discounta (con~'act, multi-nm) based on payment in full by 20th of each month following publication and provided thcrc is no unpaid previous balance duc or gross ra~ will be charged. -A charge will be made for ads cancclcd after thc final makc-up deadline and for ads with excessive proof changes. -The Roanoke Times cannot guarantcc placement. Please acknowledge order receipt and acceptance. Verify net cost, sign and return copy via FAX to (540) 981-3171. A signed copy must be returned to place your advertising order. TttAN~ YOU FOR YOUR B U$1N£$$! TOTAL P.01 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times CITY OF ROANOKE MUNICIPAL BLDG ROOM 456 ROANOKE VA 24011 RECEI%,ED CiTy CLERKS OFFICE OCT P3:28 REFERENCE: 10154151 01765212 Elmwood Park State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this ~ day of October 2~01~ ~tness my hand and official seal._ .... ~ , Notary Public My commission expires PUBLISHED ON: 09/29 10/06 TOTAL COST: 381.56 FILED ON: 10/06/01 .................................................. ~- ............................ Authorized /~ ~.~~ Signature:__3~. ~Q' , Billing Services Representative 10/09/2001 The Roanoke Times 10:11 AM Accl: 10154151 Name: CITY OF ROANOKE Adid: 1765212 5409812541 Class Rate: Disp Rate: MUNICIPAL BLDG ROOM 4 Credit Status: LM ROANOKE VA 24011 Reply Request Paytype BL Rate RET Retail ROP Rep: 14 Source RE Class 5009 LOCAL/VA. [--I TFN Start 9/29/01 Days 2 Rate Iss 2 Stop 10/6/01 0.00 0.00 0.00 0.00 0.00 Free Day 0 Copy Line Elmwood Park Sort String Elmwood Park On Hold Product Code r'] Ad Killed Comments Words ....... 0 Lines ........ 36 Depth ....... 3.00 Columns ...... 2 Graphic ..... 0 St Words. 0 []] Boxed Ad Pr~e Discount Commis Net St Tax Fed Tax Total Payment App Cr. Balance 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Tear Sheets PO # Reason for Discount Ed~ons NOTICE OF PUBLIC HEARING The Council ofthe Ci1¥ of FJc~noke will hold a pJblic hearing on Thursci~¥, Oc~3ba' 18, 2OD1, ~t7:O9 pm., or as soon ahere~f~r as 1he m.tter m.y be h eerd, in 1he Council Charn bet in 1he Noel C. T~yt~' blunicip~l I~Jilding, 215 Church A~enue, S.W., Roanohe, Virc_jn i~, 1D consider ~ p-opos~] to rename Bm woccl Parl~ ~f~r 1he I~te Dr. M~rln Lu h er I~ng. Any clue$ton$ ~b3ut 1he i~opased renaming of Elmwoad F~rh should be cirected la he Otfice oflhe Cily Manager ~t ~5~2333. Ifyou are ~ lemon wilh ~ dis~Hlily who needs accmmocl~tons fa- he City CoJncil hearing, Idease conl~ct he Qty Cier~'$ Cfice [S53.25411, ~ 12 D0 nc~n ~ Fficl~¥, Octaba- 12, ~ 1. Cit~ens oflhe Cityshall be given an opporlJnily to ~pl:e~r and be heard by 1he City Council ~ he sul:ject of 1he p-Ol:osed renaming. GIVEN under myh~nd his 2~fl d~¥of S_=l:~rn ber, ;3001. DC,