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Council Actions 07-02-01
CARDER 35437 R OANOKE CITY COUNCIL REGULAR SESSION JULY 2, 2001 12:lS P. M. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order-Roll Call. Council Members Wyatt and Harris were absent. A communication from Mayor Ralph K. Smith requesting that Council convene in Closed Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2. l- 344 (AXI), Code of Virginia, (1950), as amended. (Approved File #110-132 A communication from Council Member C. Nelson Hams, Chair, City Council Personnel Committee, requesting that Council convene in Closed Session to discuss the performance ora Council-Appointed Officer, and compensation for Council-Appointed Officers, pursuant to Section 2.1-344 (A)(I), Code of Virginia (1950), as amended. (Approved fi-0) File # 1-132-184'- A communication from Council Member C. Nelson Hams, Chair, City Council Personnel Committee, requesting that Council convene in Closed Session to discuss appointment of a new Municipal Auditor, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. (Approved 5-0) File #132-280 THE MEETING WAS DECLARED IN RECESS FOR THREE CLOSED SESSIONS. CERTIFICATION OF CLOSED SESSION. (S.0) The following persons were reappointed to boards and commissions: FLOOD PLAIN COMMITTEE - ONE YEAR TERMS ENDING JUNE 30. 2002 Read A. Lansford Bill Tanger Edgar V. Wheeler Dennis Tinsley Katy S. Elill LucianY. Grove E. L. Noeil File #110-237' 2 WAR MEMORIAL COMMITTEE - ONE YEAR TER3, IS ENDING JUNE 30, 2002 Harold H. Worrell, Sr. Alfred C. Moore Sloan H. Hoopes Robert O. Gray File #110-518 HUMAN SERVICES COMMITTEE - ONE YEAR TERMS ENDING JUNE 30. 2002 Frank W. Feather Pam Kestner-Chappelear Margaret C. Thompson Evelyn F. Board Cynthia S. Bryant Glenn D. Radcliffe File #15-110-72 ROANOKE V,S, LLEY CONVENTION AND VISITORS BUREAU ONE YEAR TERM ENDING JUNE. 30. 2002 Sunny Shah File #110-293 MiLL MOUNT,~iN ADVISORY COMMITTEE - ONE YEAR TERMS ENDING JUNE 30. 2002 Richard Clark William Dandridge Betty Field Steven Higgs Carl Kopitzke Michael Loveman E. C. Pace, HI Eddie Wallace File #110-67 3 SPECIAL EVENTS COMMITTEE - ONE YEAR TEKMS ENDING JUNE 20, 2002 Dorothy L. Bull David W. Davis, III Gloria Elliott -: Wanda E. English Cynthia D. Jennings Sabrina T. Law Rodney L. Lewis Estelle H. McCadden Sharon C. Metzler H. Marie Muddiman Amy W. Peck Sherley E. Stuart Kathy Wilson File #110-317 ROANOKE ARTS COMMISSION - THREE YEAR TERMS ENDING JUNE 30. 2004 Robert Humphreys Mark C. McConnel Will Trinkle File #15-110-230 ROANOIOr~ pUBLIC LIBRARy BOARD- ENDING JUNE 30. 2004 TI:IREE YEAR TERMS_ Herbert D. McBride Brenda L. McDaniei B. Gayle Graves File #15-110-323 ~tYNE 30. 2004 Brian M. Shepard File #15-110-379 4 PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION THREE YEAR TER~MS ENDING JUNE 30, 2004 William C. Holland Stephen L. Jamison File #15-110-202 Appointed William Skeen to the Board of Trustees, City of Roanoke Pension Plan, for a term ending June 30, 2005. File #15-110-429 THE MEETING OF ROANOKE CITY COUNCIL WAS DECLARED IN RECESS AT 1:30 P.M., TO BE RECONVENED AT 2:00 P.M., IN THE CITY COUNCIL CHAMBER. 5 ROANOKE CITY CO UNCIL REGULAR SESSION JUL Y 2, 2001 2.:00 P.M. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order-Roll Call. Council Members Wyatt and Harris were absent. The Invocation was delivered by Frances S. Stebbins, Christian Educator, St. Paul's Episcopal Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Ralph K. Smith. Welcome. Mayor Smith. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Thursday, July 5,200 l, at 7:00 p.m., and Saturday, July 7, 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 IO IHE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESIED 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 AaND- 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, HOWEVEI~ 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. 7 PRESENTATIONS: A RESOLUTION memorializing the late Lewis Gregory Leftwich, former Building Commissioner for the City of Roanoke. Adopted Resolution No. 35437-070201. (5-0) File #367 The Mayor welcomed the newly crowned Miss Virginia, Meghan Shandley, and presented her with a Key to the City. PUBLIC HEARINGS: Public hearing with regard to a proposal of the City of Roanoke to convey City-owned property located at 506 Church Avenue, S. W., and the adjoining lot, bearing Official Tax Nos. 1113419 and 1113418, to the YMCA of Roanoke Valley, Inc., upon certain terms and conditions. Darlene L. Burcham, City Manager, Spokesperson. Adopted Ordinance No. 35438 on first reading (4-0, Council Member Bestpitch abstained from voting.) File 0100-166 o CONSENT AGENDA (APPROVED 5-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM ~ CONSENT AGENDA AND CONSIDERED SEPARATELY. Minutes of the regular meetings of Council held on Monday, October 16. 2000, and Monday, June 18,200l. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. C-2 C-3 Qualification of the following persons: Melinda J. Payne and Ruth C. Willson as Trustees of the Roanoke City School Board for terms commencing July 1, 2001 and ending June 30, 2004; Frank W. Feather as a member of the Fair Housing Board for a term ending March 31, 2004; David A. Morgan for a term ending October 31, 2004, and Kenneth King, Jr., for a term ending October 31, 2002, as members of the City of Roanoke Transportation Safety Commission. File # 467-178-20-316 RECOMMENDED ACTION: Receive and file A communication from the City Manager recommending that she be authorized to file an application with the City Planning Commission to request that property located on Colonial' Avenue, S. W., be rezoned from RS-2, Single Family Residential District, to C-1, Office District. File #51 RECOMMENDED ACTION: Concur in the recommendation to refer the matter to the City Planning Commission for study, report and recommendation to Council. REGULAR AGENDA 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: ao Request to discuss a matter regarding curbside collection of refuse on City streets'in residential areas where alleys are available. John H. Kennett, Jr., Spokesperson. Received and filed. File #144 Council Member Hudson requested more information on cost savings as a result of the proposed refuse collection program. 4. PETITIONS AND COMMUNICATIONS: A communication from the Roanoke City School Board requesting approval of a State Literary Fund Loan application for the Roanoke Academy for Mathematics and Science project. Adopted Resolution Nos. 35439-070201 and 35440-070201. (5-0) File #60-467 o REPORTS OF OFFICERS: a. CITY MANAGER: NONE. ITEMS RECOMMENDED FOR ACTION: A communication recommending transfer of funds to other City departraents for payment of tipping fees incurred by said departments. Adopted Ordlance No. 35441-070201. '(5-0) File 060-144-253 10 A communication in connection with appropriation of funds staff support and contract for services for Regional Disability Services Board Grant funding. Adopted Ordinance No. 35442-070201 and Resolution No. 35443-070201. (5-0) File #60-438 A communication in connection with an agreement with Harmony Information Systems, Inc., for a CSA computer based network and appropriation of $100,000.00 in connection therewith. Adopted Ordinance No. 35444-070201 and Resolution No. 35445-070201. (5-0) File #60-72-304 A communication in connection with a budget amendment to' include Arena Ventures revenue and expenses, and authorization for five new positions in the Civic Facilities Fund. Adopted Ordinance No. 35446-070201. (5-0) File #60-192 e A communication in connection with appropriation of $1,327,629.00 to the Fifth District Employment and Training Consortium. e Adopted Ordinance No. 35447-070201. (5-0) File 060-246 A communication in connection with acceptance of the 2001-02 Community Development Block Grant Program. Withdrawn by the City Manager. o A communication in connection with the Downtown Se~'~ce District Services A=oTeement. Adopted Resolution No. 35448-070201. (5-0) File #277 A communication in connection with leasing a 15 passenger ','an from Dominion Dodge for eight weeks at $100.00 per week. Adopted Resolution No. 35449-070201. (5-0) File #67-373 A communication in connection with Amendment No. 2 to agreements with Hayes, Seay, Mattem & Mattem, Inc., and Mattem and Craig, Inc., in connection with the Bridge Inspection Program. Adopted Resolution Nos. 35450-070201 and 35451-070201. (s-o) File #102-40S DIRECTOR OF FINANCE: A report recommending approval of transfer of storm drain funding between 1992, 1996, and 1999 bond issues. Adopted Ordinance No. 35452-070201 and Resolution No. 35453-070201. (5-0) File 060-53 2. A financial report for the month of May, 2001. Received and filed. 12 6. REPORTS OF COMMITTEES: NONE. 7. UNFINISHED BUSINESS: NONE. 8. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ao Ordinance No. 35406, on second reading, appropriating fiscal year 2001-02 funds for the Community Development Block Grant program from the United States Department of Housing and Urban Development. Adopted Ordinance No. 35406-070201 Bestpitch abstained from voting.) File #60-236 (4-0, Council Member Ordinance No. 35431, on second reading, vacating, discbntinuing and closing a certain public alley extending between Richelieu and Crystal Springs Avenues, S. W. Adopted Ordinance No. 35431-070201. (5-0) File #514 Ordinance No. 35432, on second reading, vacating, discontinuing and closing an alley extending between Shenandoah and Centre Avenues, N. W., Official Tax No. 2013606. Adopted Ordinance No. 35432-070201. (5-0) FHe #514 13 do Ordinance No. 35433, on second reading, rezoning a tract of '~and located at Mel{ose Avenue and 240` Street, N. W., Official Tax No. 2420205, from C-2, General Commercial District, to IPUD, Industrial Planned Unit Development District. Adopted Ordinance No. 35433-070201. (5-0) File #51 Ordinance No. 35435, on second reading, providing for the conveyance of two tracts of City-owned property located at the Roanoke Centre for Industry and Technology to Blue Hills Golf Corporation and Anderson Wade Douthat, et al. Adopted Ordinance No. 35435-070201. (5-0) File #166-207 Ordinance No. 35436, on second reading, permanently vacating, discontinuing and closing a certain alley which crosses Official Tax No. 4010213, between Norfolk Avenue, and Official Tax No. 4010209. Adopted Ordinance No. 35436-070201. (5-0) File #514 A resolution establishing a meeting schedule for City Council for the fiscal year commencing JUly 1, 2001 and terminating June 30, 2002. Adopted Resolution No. 35454-070201. (5-0) File #132 he 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. Adopted Ordinance No. 35455-070201. (5-0) File #132-17 9. MOTIONS AND MISCELLANEOUS BUSINESS: ao Inquiries and/or comments by the Mayor, Vice-Mayor and Members of City Council. Adopted Ordinance No. 35456-070201 establishing.compensation for the City Manager, City Attorney, Director of Finance, City Clerk, Municipal Auditor and Director of Real Estate Valuation for fiscal year 2001-2002. (5-0) Council Member Bestpitch encouraged citizens to obtain a copy of the draft 2001 Comprehensive Plan for review and comment. The Mayor advised that July 1 marked his first year as Mayor of the City of Roanoke, and expressed appreciation for the support he has received during his first year in office. be Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: The .Members of Council welcomed the return of Ms. Evelyn D. Bethel to the City Council meeting. (Ms. Bethel, an ardent follower of City Council meetings, was ill for an extended period of time.) 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, WITHOUT OBJECTION, IMMEDIATELY, FOR ANY NECESSARY AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. THE MEETING OF ROANOKE CITY COUNCIL WAS DECLARED IN. RECESS TO BE RECONVENED ON THURSDAY, JULY 12, 2001, AT 12:00 NOON, FOR THE THIRD LEADERSHIP SUMMIT ON THE VIRGINIA DARE CRUISE SHIP, AIRPORT ROAD, MONETA, VIRGINIA. 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 June 27,2001 The Honorable Vice-Mayor and Members Roanoke City Council Roanoke, Virginia Dear Vice-Mayor Carder and Members of Council: Pursuant to Section 2.1-344 (A) (1), Code of Virginia, (1950) as amended, I am requesting that Council convene in Closed Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council. With kindest regards, I am Sincerely, Mayor RKS:mp 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 June 27,2001 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 Roanoke City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: Pursuant to Section 2.1-344 (A)(1), Code of Virginia, (1950), as amended, I am requesting that Council convene in a Closed Session to discuss personnel matters relating to evaluation of a Council-Appointed Officer and compensation for Council-Appointed Officers. With kindest regards, I am Sincerely, C. Nelson Harris, Chair City Council Personnel Committee CNH:mp 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 June 27,2001 Council Members: William D. Bestpitch William H. Carder C. Nelson Harris W. Alvin Hudson, Jr. William White, Sr. Linda F. Wyatt The Honorable Mayor and Members Roanoke City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: Pursuant to Section 2.1-344 (A) (1), Code of Virginia, (1950), as amended, I am requesting that Council convene in a Closed Session to discuss the appointment of a new Municipal Auditor. With kindest regards, I am Sincerely, C. Nelson Harris, Chair City Council Personnel Committee CNH:mp 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 2001. No. 35437-070201. A RESOLUTIONmemorializing the late Lewis Gregory Leftwich of Bedford County, Virginia. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Leftwich on Monday, June 11, 2001; and WHEREAS, Mr. Lef[wich enlisted in the Navy SeaBees in 1942, served his country in the Aleutian Islands and Guam, and was discharged in 1945 as a Chief Petty Officer; and WHEREAS, Mr. Lef~vich worked for the Federal Housing Administration fi.om 1945 to 1954; and WHEREAS, Mr. Leftwich was hired as a Building Inspector for the City of Roanoke in March of 1954, was appointed Building Commissioner on November 1, 1956, and served the City with distinction; and WHEREAS, aRer retiring his position with the City in 1974, Mr. Lefl-wich worked as Construction Inspector for Virginia National Bank and then as ChiefInspec.tor for Joseph Griggs & Associates. THEREFORE, BE IT RESOLVED by the Council of the City of.Roanoke as follows: sorrow at the condolences. City Council adopts this resolution as a means of recording its deepest regret and passing of Lewis Gregory Leftwich, and extends to his family its sincerest H:~MEASURES\r-I¢ ftwich. 1 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Leftwich's wife, Mary Wright Leffwich; his son, Robert Lewis Le ftwich; and his two grandchildren, Michelle Leftwich-Smith of Roanoke, and Robert Lewis Leftwich II of Miami, Florida. ATTEST: City Clerk H:xl,/IEASURE S~r-le ftwich. 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 July 6, 2001 File fl.467-178-20-316 STEPHANIE M. MOON Deputy City Clerk Cindy H. Lee, Clerk Roanoke City School Board Roanoke, Virgina Dear Ms. Lee: This is to advise you that Melinda J. Payne and Ruth C. Willson have qualified as Trustees of the Roanoke City School Board for terms ending June 30, 2004. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh HSAgenda.01'duly 2, 2001 correspondenc.wpd JUN-2?-2001 11:51 SUPERINTENDENT OMC 540 853 2951 P.03 Oath or AffirmatiOn of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Melinda J. Payne, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the CommonweaJth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a Trustee of the Roanoke City School Board for a term of three years, commencing July 1,2001, and ending June 30, 2004, according to the best of my ability. (I swear or affirm.) TOTAL P.03 JUN-2?-2001 11:51 SUPERINTENDENT OFC 540 853 2951 P.02 __ IIII _ _ III III Oath or Affirmatio0i of,.offiqe Commonwealth of Virginia, City of Roanoke, to-wit: 1, Ruth C. Willson, 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 ! will faithfully and impartially discharge and perform all the duties incumbent upon me as a Trustee of the Roanoke City School Board for a term of three years, commencing July 1,2001, and ending June 30, 2004, according to the best of my ability. (I swear or affirm.) ~ud3.¢. Willson Subscribed and sworn to before me this \C~day of ~ 2001. J U~~rc- uit May 7, 2001 ',.' . CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk July 6, 2001 File ¢¢467-178-20-316 Stephanie M. Moon Deputy City Clerk Dolores C. Daniels Community Relations Coordinator Roanoke, Virginia Dear Ms. Daniels: This is to advise you that Frank W. Feather has qualified as a member of the Fair Housing Board for a term ending March 31, 2004. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh H:X~.genda.01XJuly 2, 2001 correspondenc.wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Frank W. Feather, 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 Fair Housing Board for a term ending March 31,2004, according to the best of my ability. I swear or affirm. Subscribed and sworn to before me this ~ i day of '~',~-~,~ 2001. ARTHUR B. CRUSH, III, CLERK BY / . , DEPUTY CLERK H:~gendas 2001\Corresp April 16, 2001 .wpd 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 July 6, 2001 File ¢t-467-178-20-316 STEPHANIE M. MOON Deputy City Clerk Georgine EIImore, Secretary City of Roanoke Transportation Safety Commission Roanoke, Virginia 24016 Dear Mr. EIImore: This is to advise you that David A Morgan has qualified for a term ending October 31,2004, and Kenneth King, Jr., has qualified for a term ending October 31,2002, as members of the City of Roanoke Transportation Safety Commission. Sincerely, Mary F. P&~arker, CMC City Clerk MFP:mh N:\CKM H 1 \Agenda.01 x July 2, 2001 correspondcnc.wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, David A. Morgan, 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 Roanoke Transportation Safety Commission for a term ending October 31, 2004, according to the best of my ability. I swear or affirm. Subscribed and sworn to before me this t ~ day of ~ 2001. ARTHUR B. CRUSH, III, CLERK ,DEPUTYCLERK N:\CKMH 1 ~Agenda.01 x June 4, 2001 correspondenc.wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Kenneth King, Jr., do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the City of Roanoke Transportation Safety Commission to fill the unexpired term of Robert K. Bengtson, ending October 31, 2002, according to the best of my ability. I swear or affirm. Subscribed and sworn to before me thl~~day~ 2001. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK N:\CKMHl\Agenda.01XJune 4, 2001 correspondenc.wpd C-1 REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL October 16, 2000 12:15 p.m. The Council of the City of Roanoke met in regular session on Monday, October 16, 2000, at 12:15 p.m., the regular meeting hour, in the Emergency Operations Center Conference Room, Room 159, 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, 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; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. At 1217 p.m., the Mayor declared the meeting in recess until 2:30 p.m., at the Governor's School Lecture Hall, Patrick Henry High School, 2102 Grandin Road, S. W., City of Roanoke At 2:30 p.m., the meeting reconvened in the Governor's School Lecture Hall, Patrick Henry High School, 2102 Grandin Road, S. W., City of Roanoke for a staff briefing on proposed amendments to the billboard ordinance. 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; James D. Ritchie, Sr., Assistant city Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. CITY CODE-ZONING-SIGNS/BILLBOARDS/AWNINGS: The City Manager introduced a briefing on proposed changes to the Zoning Ordinance relating to billboard regulations on which Council will hold a public hearing at its 7:00 p.m., session this evening. In advance of the pubic hearing, she advised that certain background information would be in order by the Director of Community Planning in terms of the rationale behind the proposed changes versus waiting until a comprehensive sign ordinance review is completed, as well as what the changes represent in terms of legal cases that have occurred; whereupon, she introduced Evelyn S. Lander, Director of Community Planning, for the briefing. Ms. Lander advised that it is important to recognize that the proposed amendments are brought forward separately from the amendments for sign regulations because of recent court decisions that affect the manner in which the City deals with billboards or outdoor advertising. She stated that other sign regulations in the City's Zoning Ordinance have been under study for several years, with approximately eight drafts to date that have been reviewed by City staff and the City Planning Commission's Ordinances and Names Committee, and the last time the City considered major revisions to its sign ordinance was approximately 20 years ago. She explained that with revisions to the City's Comprehensive Plan, there will be an opportunity to receive broad public input on the topic of sign regulations in general during task team meetings which will require up to one year to bring forth additional amendments to the sign regulations. Therefore, she noted that amendments dealing with billboards are needed immediately to address specific language that has been identified by the Circuit Court as being in conflict. Ms. Lander called attention to the need to clarify the City Code to define how the City measures between billboards and to limit the placement of new billboards in those communities adjacent to gateway commercial corridors and residential neighborhoods. She advised that the amendments to e considered by Council at its 7:00 p.m. public hearing were reviewed by the City Planning Commission Ordinances and Names Committee in July and referred to the City Planning Commission for public hearing on September 21,2000; and current regulations must be changed to specifically define how the City measures billboards from one location to another because at the present time, conflicting language exists in the City Code. She stated that a conflict word is proposed to be removed in the existing City Code as directed by the courts and the City will maintain its current method of measuring distance between billboards as is done for other land uses, i.e.: from property line to property line. She added that this method is used because it is set forth in the existing code section and the City must document public surveys of property lines that allows for logical, accurate, equitable and appropriate administration of regulations. For the purpose of billboard regulation, she noted it is also important that the City not only maintain its previous interpretation for measuring between billboards, but consider how other central cities like Roanoke address billboards as opposed to rural communities. She explained that cities like Roanoke have numerous commercial corridors throughout the municipal boundaries and numerous properties fronting on arterial and collector streets; whereas, rural areas, such as the surrounding counties, have fewer commercial corridors and properties that may be of larger acreage. She advised that it is especially important that the City regulate and measure billboards consistent with other land uses that are regulated in the City Code and administer regulations accurately and equitably by using documented, accurate land surveys and not instrument measurements that may be suggested or provided by the sign industry. Ms. Lander advised that the second issue relates to the need to address the placement of billboards along the arterial and collector streets near the City's municipal boundaries and residential areas; therefore, definitions are included of arterial, collector and local streets in the proposed ordinance. In addition, she stated that the City Planning Commission is recommending that billboards be better regulated along the gateway corridors into the City and adjacent to residential neighborhoods, and specifically, it is recommended that along those gateway corridors that intersect a municipal boundary and where there is commercial or industrial zoning, billboards should be separated by at least 500 feet as opposed to the existing 250 feet currently set forth in the ordinance. She noted that existing billboards that are closer than 500 feet along municipal boundaries are grand fathered and may continue to exist; and it is also important to note that the City Planning Commission is recommending more stringent regulations with respect to the placement of billboards near the City's municipal boundaries and gateway corridors and near residential neighborhoods, but it is not recommending a change in the distance separating billboards outside of these areas. Mr. Lander referred to a table summary illustrating how other communities similar to Roanoke deal with billboards, and pointed out that most of the cities and urban communities that were contacted have amended their ordinance to not permit billboards; however, of those communities that permit billboards, regulations appear to be more restrictive than Roanoke's existing regulations, with only the County of Fairfax being less restrictive than the City of Roanoke. She referred to a handout on communities within the Roanoke M.A., and noted that the City of Salem and Botetourt County do not permit new billboards; and it is important to note that surrounding localities do not have the same development patterns as the City of Roanoke. Ms. Lander advised that the recommendation of the City Planning Commission is that the amendments before Council are necessary to assist staff in clarifying the City Code so as to maintain its previous interpretation in regard to regulating 3 billboards from property line to property line. She explained that if the City Code is not clarified, the City could be subject to additional billboards that would not have been permitted before certain court decisions were issued, and the proposed amendments will also allow the City to deal more appropriately with new billboards in the gateway areas adjacent to municipal boundaries and residential neighborhoods. There was discussion with regard to interpretation of the word "not withstanding"; whether representatives of the billboard industry were aware that the briefing was scheduled prior to the 7:00 p.m., public hearing; the responsibility of the City of Roanoke to be a participatory government with its businesses by involving those businesses in the formation of a document at its inception, thereby allowing the document to be owned by all participants as the process proceeds through the various stages; and discrepancies between the summary presented by City staff in connection with what a survey of other localities compared with a survey submitted by representatives of the billboard industry. The Mayor advised that he owns controlling interest in a company that has installed a billboard on his property, from which he receives compensation; whereupon, he inquired if he would have a conflict of interest in voting on the proposed amendments. The City Attorney advised that there does not appear to be a conflict of interest. The Mayor stated that no action was required at this time since Council will hold a public hearing at its 7:00 p.m., session on proposed revisions to be billboard regulations. At 2:55 p.m., the Mayor declared the meeting in recess until 3:00 p.m., at the Governor's School Lecture Hall, Patrick Henry High School, 2102 Grandis Road, S. W., City of Roanoke. At 3:00 p.m., on Monday, October 16, 2000, the regular meeting of City Council reconvened in the Governor's School Lecture Hall, Patrick Henry High School, 2102 Grandis Road, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Smith presiding. PRESENT: Council Members William D. Bestpitch, William H. Carder, C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt, and Mayor Ralph K. Smith ........................................................................................... 7. ABSENT: None .................................................................................. 0. 4 OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Sr., Assistant City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Council Member William D. Bestpitch. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. PRESENTATIONS PROCLAMATIONS-DRUGS/SUBSTANCE ABUSE: The Mayor presented a proclamation declaring October 22 - 31, 2000, as Red Ribbon Week in the City of Roanoke. Displaying red in the form of banners, ribbons worn as lapel pins, ribbons placed on car antennas, and red bows placed on mail boxes or on front doors by citizens of Roanoke demonstrate their commitment to a drug-free community. (For full text, see proclamation on file in the City Clerk's Office.) PROCLAMATIONS: The Mayor presented a proclamation declaring the month of October as National Arts and Humanities Month in the City of Roanoke. (For full text, see proclamation on file in the City Clerk's Office.) PROCLAMATIONS: Inasmuch as Kit B. Kiser, Assistant City Manager for Operations, will retire from the City of Roanoke on October 31, 2000, after a long and distinguished career spanning 33 years, the Mayor presented a proclamation declaring Monday, October 16, 2000, as Kit B. Kiser Day in the City of Roanoke. On behalf of the citizens of the City of Roanoke and the Members of Council, the Mayor presented Mr. Kiser with a Key to the City in appreciation of his service. (For full text, see proclamation on file in the City Clerk's Office.) 5 ACTION: CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda are considered to be routine by the Members of Council and will be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion is desired, that item will be removed from the Consent Agenda and considered separately. He called specific attention to one request for a Closed Meeting to discuss personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by Council. 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. Harris moved that Council concur in the request of the Mayor to convene in a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ................................................... 7. NAYS: None .................................................................... 0. OATHS OF OFFICE-COMMITTEES-MUNICIPAL AUDITOR-HIGHER EDUCATION CENTER-FIFTH PLANNING DISTRICT COMMISSION- PENSIONS-ROANOKE NEIGHBORHOOD PARTNERSHIP: The following reports of qualification were before Council: Robert H. Bird as Municipal Auditor for the City of Roanoke for a term of two years commencing October 1, 2000 and ending September 30, 2002; 6 ACTION: Mark Emick as a member of the Roanoke Higher Education Authority Board of Trustees; Evelyn S. Lander as a member of the Roanoke Valley- Alleghany Regional Commission for a term of three years ending June 30, 2003; Melvin L. Sanders as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term ending June 30, 2002; and Randall J. Scott as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 2002. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mr. Harris moved that the reports of qualifications be received and filed. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ................................................... 7. NAYS: None .................................................................... 0. REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: TAXES-WILLIAMSON ROAD AREA BUSINESS ASSOCIATION: Mr. John Huffman, 3034 Wentworth Avenue, N. W., addressed council in connection with a petition signed by at least one-half of the property owners in the Williamson Road area requesting elimination of the tax imposed on business owners in the Williamson Road Special Service District. He advised that the petition was forwarded to David L. Collins, Assistant City Attorney, for review. (A copy was not filed with the City Clerk.) The Mayor advised that Mr. Huffman also appeared before Council on April 17, 2000, at which time his request was referred to the City Manager for report. He stated that the City Manager responded by 7 letter dated May 18 and reported that after reviewing property in the Williamson Road Service District and the work plan of the Williamson Road Area Business Association, it is recommended that Council not redraw the service district boundaries. The Mayor further advised that it was his understanding that the City Manager has not changed her position on the matter. Without objection by Council, the Mayor advised that the remarks of Mr. Huffman would be received and filed. PETITIONS AND COMMUNICATIONS: BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting appropriation of funds to the following school accounts, was before Council. $700.00 for the Kaplan SAT Tutorial Program to sponsor two students to participate in the Kaplan SAT tutorial., said new grant to be funded with a contribution; $613,424.00 from 2000-01 Capital Maintenance and Equipment Replacement Funds to fund school buses, facility maintenance equipment, relocation of modular units, replacement of maintenance vehicles, asbestos abatement, roof replacement, handicap access, Magnet School improvements, and elementary school improvements; $2,356,656.00 to provide Literary Loan funds to be used for improvements to Fairview Elementary School; said funds to provide for construction costs, architect and engineering fees, and a contingency reserve; and $2,243,334.00 to provide Literary Loan funds to be used for improvements to Fishburn Park Elementary School, said funds to provide for construction costs, architect and engineering fees, and a contingency reserve. A report of the Director of Finance recommending that Council concur in the request of the School Board, was also before the body. 8 (For full text, see communication and report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#35093-101600) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General, School and School Capital Projects Funds Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 549.) ACTION: Mr. White moved the adoption of Ordinance No. 35093-101600. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith .................................................... 7. NAYS: None ..................................................................... 0. BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting that Council approve a revised Literary Fund loan application, in the amount of $2.75 million, for the Fairview Elementary School project, was before the body. It was advised that the overall project cost for the Fairview and Fishburn Park Elementary School projects is $4.6 million based on bids received last week; total project cost for both schools is $400,000.00 less than the $5.0 million estimate for Literary Fund loans on projects included in the School Board's May 2000 Capital Improvement Plan; Council is requested to appropriate $2.35 million of the $2.75 million Fairview Literary Fund loan request, with the remaining $400,000.00 of the Literary Fund loan request not to be appropriated at this time; and funds will be requested for appropriation only if unforeseen additional work is required during project construction. (For full text, see communication on file in the City Clerk's Office.) Mr. Hudson offered the following Resolution: 9 ACTION: ACTION: (#35094-101600) A RESOLUTION authorizing the School Board for the City of Roanoke to make application for a loan from the State Literary Fund for modernizing Fairview Elementary School. (For full text of Resolution, see Resolution Book No. 63, page 551.) Mr. Hudson moved the adoption of Resolution No. 35094-101600. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ................................................... 7. NAYS: None .................................................................... 0. Mr. Hudson offered the following Resolution: (#35095-101600) A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for adding to and improving the present school building at Fairview Elementary School and declaring the City's intent to borrow to fund or reimburse such expenditures. (For full text of Resolution, see Resolution Book No. 63, page 552.) Mr. Hudson moved the adoption of Resolution No. 35095-101600. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ................................................... 7. NAYS: None .................................................................... 0. BONDS/BOND ISSUES-BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting that Council issue General Obligation Qualified Zone Academy Bonds (QZAB) in an aggregate principal amount not to exceed $1,291,618.00, was before the body. It was advised that funds will be used to reconstruct and equip the Roanoke Academy for Mathematics and Science; the QZAB 10 ACTION: 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; and schools qualify based on their percentage of free lunch students. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#35096-101600) A RESOLUTION (i) authorizing the School Board for the City of Roanoke to expend funds for construction and equipping of a new building for the Roanoke Academy for Mathematics and Science, including the demolition of the existing building currently occupied by the Roanoke Academy for Mathematics and Science and declaring the City's intent to borrow to fund or reimburse such expenditures; and (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 $1,291,618.00 to finance equipment for the Roanoke Academy for Mathematics and Science. (For full text of Resolution, see Resolution Book No. 63, page 553.) Mr. Harris moved the adoption of Resolution No. 35096-101600. 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. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: 11 TRAFFIC-PARKS AND RECREATION: The City Manager submitted a written report advising that In April and July, 1998, the City hosted public workshops on the future of the Wiley Drive corridor; alternative solutions included (1) two-way traffic with a cul-de-sac at Franklin Road, (2) making the road one-way, (3) closing the road to automobiles, (4) restoring two-way thru traffic with an off-road recreational trail, and (5) stopping through-traffic by splitting the road into two culs-de-sac in Smith Park; each of these alternatives includes the off-road trail which is planned as a part of the Roanoke River Flood Reduction Project; at the same time, the Roanoke River Sewer Interceptor Project was progressing to the vicinity of Smith Park; construction of the sewer interceptor in Smith Park was never intended to close Wiley Drive and in fact, the first leg of the Roanoke River Greenway Trail was built through Smith Park largely to provide access to the park during this construction, however, unfortunately, engineering issues necessitated the temporary closing of Wiley Drive in January 1999; and originally, City staff expected to reopen the road in a few months. It was further advised that on June 22, 2000, the City hosted the third public workshop to present a recommendation favoring the first alternative and seeking public comments; approximately 50 citizens attended the meeting and 30 left written comments; most of the interaction was positive and upbeat, and although no alternative could be called the consensus choice, two-way thru traffic seemed to have the strongest apparent support; as a result, City staff recommended implementing the plan with two-way thru traffic and traffic-calming measures as a part of the current Capital Improvements Program project for park improvements; a budget for the project was prepared by a subcommittee of the Citizens Advisory Committee for the Comprehensive Parks & Recreation Master Plan, and the Citizens Advisory Committee supported using bond funds for the project; Council appropriated funds for implementation at its regular meeting on August 21, 2000, pursuant to Ordinance # 35023-082100, Account No. 008-620-9741-9001; and during the October 2, 2000, City Council meeting, a number of citizens voiced both support and opposition for re-opening Smith Park, and in addition, numerous e-mails, voice mails and letters have been received by the City Manager's Office regarding the issue. It was noted that the project has generated concerns from a wide range of interest groups; in summary, citizens have shown a great 12 ACTION: interest in protecting the park experience and the beauty of the river corridor, while providing access to the river and to the recreational features of Smith Park; City staff has been moving to implement the two-way thru traffic, traffic-calming measures, and the off-road trail; and City staff is engaged in contract negotiations with Hill Studio, PC, for development of construction documents. The City Manager recommended that City staff proceed with the recommendation to implement a plan involving two-way thru traffic with traffic-calming measures and an off-road trail in order to permit all citizens access to the park and to Wiley Drive. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson moved that Council concur in the recommendation of the City Manager. The motion was seconded by Mr. White. In view of the number of persons who had registered to speak on the issue, it was the consensus of Council that each speaker would be limited to two minutes. Mr. Duane Howard, 508-B Walnut Avenue, S. W., advised that closing Wiley Drive is a new issue and facts and figures are being used from reports that were prepared in previous years and some information may be outdated. He submitted a petition signed by 165 persons over a period of seven hours requesting that Council delay its vote on the issue to provide more time for consideration of other options. Ms. Christene A. Montgomery, 622-A Walnut Avenue, S. W., advised that Wiley Drive and Smith Park are existing public roadways that provide persons with disabilities with equal access to both parks and Wiley Drive served as her access to the public picnic shelter and the playground area in Smith Park. She stated that when changes are made that take away her access to the park area, that is a violation of the Americans with Disabilities Act; installation of speed bumps, etc., between the location where she parks her vehicle and accesses the sidewalk is in violation of her rights as a disabled citizen; and during the time that the park has been open to other persons and not to her as a disabled citizen, she has been discriminated against. She stated that she wants equal access to both parks, along with parking for her vehicle. 13 Mr. Henry Reese, 2426 Montvale Road, S. W., advised that if the gate at the end of Smith Park is made wheel chair friendly, with appropriate paving, wheel chair accessibility would be available without being impeded by vehicular traffic. He spoke to the enjoyment of riding his bicycle along the river without being concerned about traffic, and to open Wiley Drive to vehicles would cost in the range of $200,000.00 - $300,000.00 which could be better spent on other City needs. Mr. Sonny Widener, 1422 Main Street, S. W., advised that requirements of the Americans with Disabilities Act should be considered; Smith Park is not a new park; and to deny vehicular access violates the rights of all citizens to have access to the park. He addressed the needs of families with small children who need full access to the park, elderly and disabled citizens who are physically unable to walk long distances, and air quality in Smith Park with vehicular traffic would be no different than that on any other heavily traveled roadway of the City. He requested that Council, as the elected representatives of all citizens, do the right thing for all taxpayers of the City of Roanoke and not just a select few. Mr. Fred Landis, 2740 Fawn Road, S. W., encouraged Council to reopen Smith Park to vehicular traffic. He stated that he has been a frequent user of the park for over 40 years and he would like to enjoy the park without restrictions. Mr. Fredrick Williams, 3725 Sunrise Avenue, N. W., advised that for many years, he used Wiley Drive as a short cut between his home in the South Roanoke area and his place of employment in the City of Salem and, like everyone else who used Wiley Drive, he exceeded the speed limit. He stated that Wiley Drive is not needed as a corridor for traffic, because the road has been closed for two years and no problems have resulted as a result of its closure. However, he advised that the real issue is, where should streets go and what should be the character of the street system and specifically, in this case, the question is, do City streets belong in public parks. He added that the answer is clearly no because there are numerous creative ways to insure that all persons have access to Smith Park without reopening Wiley Drive to through traffic. He stated that the irony is that the City of Roanoke is in need of traffic calming measures on any number of City streets, but instead, it is proposed to spend large sums of money for traffic calming measures on a street that should not be open to through 14 traffic. He advised that at the very least, Council should table the recommendation of the City Manager, allow ample time for citizens to become familiar with the current configuration of Smith Park, and convene a meeting of all interested parties to reach an acceptable plan for Smith Park. Ms. Patty Vipperman, 208 Windward Drive, S. W., read a portion of an e-mail prepared by her husband, Dick Vipperman, in which he requested that Council base its recommendations on the Smith Park issue using the same kind of visionary thinking that resulted in Center in the Square, the Star on Mill Mountain, opening of the Shenandoah Hotel, and development of the Jefferson Center, etc. She asked that citizens be shown that a greenway is something special and that a park should be used as a park - not as a short cut, and, in addition to the action of providing a more equitable balance in recreational facilities, Council should take a leadership position that says Roanoke promotes quality of life and ecological improvements. She asked that Council delay its vote and look at Smith Park from the standpoint of a new park. Mr. Willie Carr, 2739 Colonial Avenue, S. W., suggested that the City consider installing a barricade on Wiley Drive at Smith Park to stop traffic which would allow access at the front from either end, with adequate parking and turn around capability. Mr. Roy C. Kinsey, 2975 Rosalind Avenue, S. W., advised that Smith Park and Wiley Drive should be open for enjoyment by all persons regardless of age. Mr. Bruce Knappe, 2220 Westover Avenue, S. W., advised that there have been many intelligent arguments made for limiting traffic in Smith Park and the point has been made that motor vehicle traffic would detract from Smith Park's quality as a park; therefor, he questioned the benefit of full two way traffic. He stated that the only benefit would be for convenience purposes - for those persons traveling from one side of the City to the other, and inquired as to the City's priorities, i.e.: having a beautiful park in the center of the City, or having a more convenient way for persons to get from one side of the City to the other. He added that the plan recommended by the City Manager is a more expensive alternative than other plans that have been suggested that do not allow for two way traffic; and two bridges 15 must be replaced and the City Manager's plan requires that bridges accommodate two way traffic, plus incorporation of the greenway, which could involve a considerable sum of money. Thomas Shelley, 2402 Avenel Avenue, S. W., spoke in support of closing Wiley Drive to vehicular traffic. Ms. Barbara Duerk, 2607 Rosalind Avenue, S. W., advised that shared access is possible for a win/win situation, but not with two way vehicular traffic. She stated that in the absence of a clear public consensus, City staff recommended 12 foot lanes plus a 12 foot trail because the area serves as an in town life-oriented scenic parkway which is wrong. She stated that additional asphalt will create more water run off, leading to added flooding conditions in the area. Ms. Fredricka Monk, 3343 Pittsfield Drive, N. W., requested that the City Manager postpone her recommendation to allow more time to study the matter before Council makes a final decision. Mr. Robert McCleary, 1205 Dale Avenue, S. E., spoke in support of closing Wiley Drive to vehicular traffic. He called attention to air pollution created by vehicular traffic and although closing Wiley Drive will not solve the problem, it will be a step in the right direction. Mr. John Parrott, 714 Wildwood Road, S. W., appeared before Council in his capacity as the father of an 11 year old disabled child. He requested that Council postpone its decision, because it is felt that keeping Wiley Drive closed to vehicular traffic opens a whole new world to people with disabilities because there are very few places in the City of Roanoke where disabled persons can go and not be concerned about cars. Mr. Norman Prince, 550 Mountain Avenue, S. W., advised that it should be easy to find a solution o the problem to allow access by automobiles to Smith Park, while at the same time denying high speed access through the park. He encouraged Council to delay action on the matter to allow sufficient time to address other alternatives. Ms. Elizabeth Barbour, 541 Camilla Avenue, S. E., encouraged that the vote be delayed to provide time to review other alternatives, while not allowing vehicular traffic. She called attention to the possibility of creative cul-de-sacing will allow all persons to have 16 access to the park which would provide a large multi acreage park that is primarily clear of vehicular traffic and will help the City of Roanoke to attract the kinds of people and businesses that are desired in the year 2000 and beyond. Ms. Lisa Knappe, 2220 Westover Avenue, S. W., requested that Council delay the vote to provide more time for study of other alternatives. Mr. Edward Hokanson, 4351 Garst Mill Road, S. W., advised that the issue is one of quality of life which has no geographic boundaries. He stated that Council has an opportunity to address a quality of life issue and asked that Council delay its vote on Wiley Drive to consider other alternatives. Ms. Susan Adams, 430 Allison Avenue, S. W., requested that Council delay its vote to allow more time to study other alternatives. She stated that on a recent visit to Smith Park, she observed numerous disabled citizens and children enjoying the scenic atmosphere of the Park, and requested that Wiley Drive remain closed to vehicular traffic for another six to twelve months in an effort to find a solution that will address the needs of all persons. Mr. William O. Lavin, 3062 Carolina Avenue. S. W., requested that Council vote on the issue and move on to more important issues facing the City of Roanoke. Ms. Lori K. Heymann, 3051 Hemlock Road, S. W., requested that Council delay its vote to allow more time to study th matter. She spoke in support of leaving Wiley Drive closed to vehicular traffic and noted that if the corridor for the bio-med center is developed, the roadway will be worthless in five years as a thru way because it will not be able to accommodate the volume of traffic that is anticipated. She stated that to pit vehicular against bicycles is unfair. Mr. Bestpitch spoke in support of closing Smith Park for the entire length of Wiley Drive, starting at Winchester Avenue at the far end of Wasena Park and extending all the way back to the other end of Wiley Drive toward Jefferson Street, making the entire length one way, installing barricades to separate vehicular traffic from automobiles and 17 walkers, with open space appropriately marked "pedestrian crossway", to enable persons to walk from one side to the other in an effort to meet the needs of all citizens. Ms. Wyatt advised that in order to avoid the appearance of discriminatory practice, it is important to address the issue so as to provide equal access for all citizens of the community and not just a select group. Therefore, she stated that she would support the suggestion of Council Member Bestpitch which provides for vehicular traffic, allows persons to access the park by either car or bicycle, etc., and enables full access to the park, while not making it more convenient for one group over another. Mr. Hudson advised that the matter can be discussed indefinitely and there will continue to be a divided Council because it will be impossible to please everyone; therefore, it is time for Council to vote and move on to other important issues facing the City. He stated that parks are for all citizens and should not be limited to a select few, therefore, the recommendation of the City Manager provides something for everyone. The City Manager was requested to respond to the various alternatives/suggestions which were offered by the above listed speakers; whereupon, she advised that her report provided information on previous actions and discussions by Council; while trying to review the issue in a professional manner. She stated that she has reviewed and evaluated all of the alternatives that were presented to Council by the various speakers, and she is committed to providing Council with a recommendation that is in the best interest of all of the citizens of Roanoke and not a select group. She advised she considered the issues of one-way traffic and is of the opinion that Wiley Drive should be open to traffic, therefore, she cannot recommend to Council that the road remain closed or support any recommendation for cul-de-sacing. She stated that her recommendation to Council remains the same; however, if Council were to be persuaded to do otherwise, her second choice would be to open Wiley Drive to one way traffic in the direction of the hospital. She stressed that she continues to support her recommendation to Council because it supports the greatest percentage of Roanoke's population. The Mayor advised that the purpose of Council is serve as many citizens as possible; therefore, more citizens would be served by 18 ACTION: opening Wiley Drive to one way traffic, which is an option that he would support. Mr. Bestpitch offered a substitute motion that Council request City staff to proceed with development of a plan to allow one way traffic on Wiley Drive for the entire length of Wasena Park and Smith Park. The substitute motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Wyatt and Mayor Smith ............................................................................. 5. NAYS: Council Members Hudson and White .......................... 2. BUDGET-PUBLIC WORKS-ENVIRONMENTAL POLICY: The City Manager submitted a written report advising that in May 2000, funding needs for environmental commitments related to Consent Agreements and clean-up at the Public Works Service Center (PWSC) were identified; the City continues to work with the State Department of Environmental Quality and the Federal Environmental Protection Agency to bring the matter to a close; $477,911.00 was included in General Fund Transfer to Capital Projects Fund account in the adopted budget, and $60,000.00 was included in the Capital Maintenance and Equipment Replacement Program (CMERP) for fiscal year 2000-01 to help meet the City's legal commitments for the current fiscal year; and action by Council is needed to appropriate the funds to the Public Works Service Center project. It was further advised that to cover legal commitments of the Public Works Service Center Project in fiscal year 1999-00, $296,182.00 was transferred from the Roanoke River Flood Reduction Project and must be repaid, $97,911.00 is being repaid via this report; and the remaining $198,271.00 to be replenished to this account will be provided from Transfer to Capital during fiscal year 2001-02. The City Manager recommended that Council appropriate funds, as follows: Appropriate From: Account Name Account Number Amount Transfer to Capital Projects Fund 001-250-9310-9508 $477,911.00 19 ACTION: CMERP - FY 2000-01 001-3323 60,000.00 $537,911.00 Total Appropriation To: Account Name Account Number Amount Environmental Issues - PWSC: Environmental Consultants/ Subcontractors Legal Costs Audits (PWSC, P&R, ULS) 008-052-9670-9251 008-052-9670-9252 008-052-9670-9217 $225,000.00 60,000.00 15,000.00 Settlement - State DEQ: Annual Hazardous Waste Clean- up Day (Community Projects) Stream Bank Restoration Project 008-052-9681-9214 008-052-9681-9216 65,000.00 75,000.00 Subtotal - PWSC $440,000.00 · Roanoke River Flood Reduction 008-056-9620-9003 97,911.00 Total $537,911.00 (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#35097-101600) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 555.) Mr. White moved the adoption of Ordinance No. 35097-101600. 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. 20 Mr. Martin Jeffrey, 517 Rutherford Avenue, N. W., inquired as to total cost of clean up efforts at the Public Works Service Center and who was the responsible party for authorizing the burying of the barrels. He called attention to abandoned vehicles (buses and automobiles) in the vicinity of the Public Works Service Center (Interstate 581) and inquired if they will be removed. ACTION: Council Member White suggested that the comments of Mr. Jeffrey be referred to the City Manager, City Attorney and Director of Finance for response. HEALTH DEPARTMENT-BUDGET-GRANTS: The City Manager submitted a written report advising that each year, the City submits a Consolidated Plan Annual Update (Annual Update) to the U. S. Department of Housing and Urban Department (HUD), in order to receive Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) entitlements; and the Annual Update describes individual programs to be conducted with funds awarded to the City. It was further advised that Kuumba Community Health and Wellness Center has requested financial assistance for development of its Community Health and Wellness Center located at 3716 Melrose Avenue, N. W., to provide primary family health care, health education, assistance in obtaining medications, patient case management and preventive care counseling to residents in this under served area; a subgrant agreement with Kuumba is necessary to provide funding and funding is available in Account No. 035-G01-0140-5189, in the amount of $55,000.00, to be transferred to an account to be established by the Director of Finance. The City Manager recommended that she be authorized to amend the 2000-01 Annual Update to the HUD Consolidated Plan to reflect inclusion of the Kuumba program, and to execute documents in connection with said amendment, following a public review and comment period, and provided that no compelling adverse public comments are received; that the City Manager be further authorized to execute a CDBG Subgrant Agreement with Kuumba Community Health and Wellness Center, to be approved as to form by the City Attorney, and that Council transfer $55,000.00 from Account No. 035-G01-0140- 5189 to an account to be established by the Director of Finance. 21 ACTION: ACTION: (For full text, see report on file in the City Clerk's Office.) Mr. Carder offered the following emergency budget ordinance: (#35098-101600) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 557.) Mr. Carder moved the adoption of Ordinance No. 35098-101600. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ................................................... 7. NAYS: None .................................................................... 0. Mr. Harris offered the following resolution: (#35099-101600) A RESOLUTION authorizing the City Manager to amend the Annual Update to the Consolidated Plan for FY 2000-01, and to execute documents in connection with said amendment; and authorizing execution of a Subgrant Agreement with the Kuumba Community Health and Wellness Center. (For full text of Resolution, see Resolution Book No. 63, page 558.) Mr. Harris moved the adoption of Resolution No. 35099-101600. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ................................................... 7. NAYS: None .................................................................... 0. BUDGET-HUMAN DEVELOPMENT: The City Manager submitted a written report advising that the Roanoke Valley Task Force on Homelessness appointed by the City Manager in 1987 established a vision to reduce the incidence and prevalence of homelessness in the 22 Roanoke Valley; since that time, numerous programs have been developed to address the issue of homelessness, including establishment of the Homeless Assistance Team (HAT); in 1997, the City of Roanoke received grant funds from the U. S. Department of Housing and Urban Development (HUD) to provide supportive services to the homeless; the current grant, in the amount of $433,656.00, was renewed in February 2000, for an additional three-year period; and grant funds provide for three full-time employees. It was further advised that the current grant provides only medical and dental benefits for these full-time employees and no additional HUD funding will be available until the year 2003; the City is requesting local funds to cover the costs of life insurance, disability insurance, retirement and paid leave benefits as afforded other employees, at a total cost for the remainder of the grant cycle of $33,779.00; and funding is available in State and Local Hospitalization, Account No. 001-630-5330-2010. ACTION: The City Manager recommended that Council appropriate $33,779.00 from State and Local Hospitalization Program, Account No. 001-630-5330-2010, to grant fund revenue and expenditure accounts to provide funds for full benefits for three full-time employees. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#35100-101600) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General and Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 559.) Mr. Harris moved the adoption of Ordinance No. 35100-101600. 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. 23 ACTION: YOUTH-ROANOKE INTERAGENCY COUNCIL: The City Manager submitted a written report advising that Council adopted Resolution No. 31301-011193 establishing a Community Policy and Management Team (CPMT) for the City of Roanoke, pursuant to the Comprehensive Services Act for At-Risk Youth and Families, appointing membership, providing powers and duties of the Team, and designating legal counsel and a fiscal agent, effective January 1, 1993; Section 2.1-751, Code of Virginia (1950), as amended, requires the Community Policy and Management Team to appoint representatives of certain agencies, including the community services board, juvenile court services unit, department of health, department of social services, and the local school division; when Council established the Team, representatives from member agencies were named by position and not by individual name; according to the resolution adopted by Council, the school representative to the Team is the Director of Special Services, and an administrative reorganization in the Roanoke City Schools shifted Community Policy and Management Team responsibility to the Assistant Superintendent for Instructional Services and Learning Organizations. The City Manager recommended that Council adopt a resolution amending Resolution No. 31301-011193 to establish the Assistant Superintendent for Instructional Services and Learning Organizations as the school representative to the Roanoke Interagency Council. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#35101-101600) A RESOLUTION re-establishing the membership of the Roanoke Interagency Council. (For full text of Resolution, see Resolution Book No. 63, page 561.) Mr. Harris moved the adoption of Resolution No. 35101-101600. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ................................................... 7. NAYS: None .................................................................... 0. 24 BUDGET-BLUE RIDGE INDEPENDENT LIVING CENTER: The City Manager submitted a written report advising that the Fifth District Disability Services Board (DSB) is responsible to local governments and serves as a critical resource for needs assessment, information sharing and service opportunities for citizens with disabilities, their families and the community; the following jurisdictions in the Fifth Planning District have enacted resolutions establishing their participation in a regional effort and appointed a local official to serve: the Cities of Roanoke, Salem, Covington, Clifton Forge; the counties of Roanoke, Craig, Botetourt, and Allegheny; and the Town of Vinton; other members of the Disability Services Board include representatives from business and consumers; and Council authorized the Director of Finance to serve as fiscal agent for the Fifth Planning District Disabilities Services Board on September 25, 1995, pursuant to Resolution No. 32675-092595. It was further advised that funds, in the amount of $10,973.00, have been allocated to the Fifth District DSB by the State Department of Rehabilitative Services to Blue Ridge Independent Living Center; Blue Ridge Independent Living Center will provide a local cash match of $1,219.00; funds will be used to create a loan closet for use by people with physical and/or sensory disabilities, and the loan closet will provide those persons with physical and/or sensory disabilities who reside throughout the Fifth Planning District with an opportunity to utilize a variety of assistive devices to determine whether the device meets their need before actual purchase; such items will include side stepper cane/walker, electric wheelchair, transfer boards and other equipment; and these devices will be provided to individuals on an emergency or temporary basis. The City Manager recommended that Council appropriate $12,192.00 to certain grant fund accounts to be established by the Director of Finance and create a corresponding revenue estimate, to provide funding for the Fifth District DSB as follows: Fees for Professional Services ($973.00) and Expendable Equipment ($11,219.00); and the Blue Ridge Independent Living Center will purchase equipment/devices and request reimbursement through the City. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: 25 ACTION: (#35102-101600) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 561.) Mr. Hudson moved the adoption of Ordinance No. 35102-101600. 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. CMERP-EQUIPMENT: The City Manager submitted a written report concurring in a report of a Bid Committee with regard to Capital Maintenance and Equipment Replacement Program (CMERP) purchases. It was advised that the CMERP has identified the need to replace three pick-up trucks with utility bodies, one cargo window van and one utility vehicle for various City departments; and identified units are intended to replace older units that are experiencing excessive repair cost and down time. The Bid Committee recommended that Council accept the following bids: One new 314 ton, four - wheel drive pick-up truck cab/chassis, two new 314 ton pick-up truck cab/chassis and one new 314 ton cargo window van from Dominion Car Company, at a total cost of $80,273.00. Three new utility bodies to be mounted on pick-up truck cab/chassis from General Truck Body Company, at a total cost of $9,917.00. One new mid size, four - wheel drive utility vehicle from Magic City Motor Corp., at a total cost of $26,942.00. 26 ACTION: It was explained that funding is available in Fleet Management Account No. 017-440-2642-9015, and Council is requested to authorize issuance of purchase orders for a total cost of $117,132.00, and reject all other bids received by the City. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following resolution: (#35103-101600) A RESOLUTION accepting bids made to the City for furnishing and delivering trucks and related equipment, upon certain terms and conditions; and rejecting all other bids made to the City. (For full text of Resolution, see Resolution Book No. 63, page 562.) Mr. Hudson moved the adoption of Resolution No. 35103-101600. 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. DIRECTOR OF FINANCE: CITY CODE-TAXES-LEGISLATION-UTILITIES: The Director of Finance submitted a written report advising that in addition to the Special Tax on Consumers of Local Telephone Service (the "E-911 Tax") and the Tax on Purchase of Utility Services ("Utility Consumer Tax"), the Office of Billings and Collections administers numerous other local taxes, such as the Prepared Food and Beverage Tax, Admissions Tax, and the Transient Occupancy Tax; with the exception of the E-911 Tax and the Utility Consumer Tax, all of these taxes provide that the legal entity which collects the taxes must file both a report and a remittance by the due date of the taxes to avoid a penalty; the report filed along with the tax payment includes information such as account number, tax period, and the basis on which the tax is calculated and also includes other necessary information such as any exemptions, gross receipts, number of telephone lines, etc., which allows verification of the calculated tax payments; and the City has 27 ACTION: recently become aware that both the E-911 Tax and the Utility Consumer Tax ordinances as written impose a penalty only when payment is not made, which often causes difficulty in processing payments without the required reporting form. The Director of Finance recommended that Council adopt an ordinance amending Article XlII, Special Tax on Consumers of Local Telephone Service, Section 32-282.2 and Article VII Tax on the Purchase of Utility Services, Section 32-180, to provide a penalty if both a report and remittance are not filed and paid within the time specified by Section 32-277 and Section 32-171, respectively. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency ordinance: (#35104-101600) AN ORDINANCE amending and reordaining Section 32-282.2, Penalty for late remittance, of Article XlII, Special Tax on Consumers of Local Telephone Service, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, and Section 32- 180, Failure to remit, of Article VII.I, Tax on Purchase of Utility Services, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, by imposing a penalty on telephone and utility companies if such companies do not submit a report containing relevant payment information, in addition to the remittance of taxes collected, by the specified due date; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 563.) Mr. Hudson moved the adoption of Ordinance No. 35104-101600. 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. CREDIT CARD: The Director of Finance and the City Manager submitted a joint written report advising that it would benefit the City of Roanoke to enter into a contractual arrangement with a credit card service provider for the use of purchasing cards; purchasing cards 28 would be used for small dollar purchases of goods or services or for approved employee travel; the use of credit cards would facilitate purchasing for small transactions and create processing efficiency through payment of one bill to one vendor, replacing numerous payments to many vendors; purchasing cards are a "best practice" as identified by the Government Finance Officers Association; and the Commonwealth of Virginia and numerous Virginia localities use credit cards. It was further advised that the City administration plans to allow credit card purchases only where transactions do not exceed $1,000.00; an administrative procedure would be prepared to govern the use of credit cards, and all persons issued credit cards would be required to sign a cardholder agreement concerning their responsibilities of card use; in order to implement the program, an organization qualified to provide credit card service, training and customer support, and necessary controls and restrictions required by the City must be engaged; although the sealed bid method of procurement would normally be used, it is not practicable or advantageous to use in this case, because the experience and qualifications of a firm that can provide these services is of equal, if not greater, importance than the cost; issues of rebate percentages, credit card flexibility, bill inquiry response time, billing procedures, dispute process time frame, quality and availability of management reports, and electronic media capabilities are of utmost importance; and, therefore, the process of competitive negotiation, using a request for proposal, will be the best method of procurement for such services. The Director of Finance and the City Manager recommended that Council authorize the use of competitive negotiation as the method to secure a vendor to provide appropriate services for the City's purchasing card program. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#35105-101600) A RESOLUTION designating the procurement method known as competitive negotiation, rather than the procurement method known as competitive sealed bidding, to be used for procurement of purchasing cards for small purchases and travel expenses and documenting the basis for this determination. 29 (For full text of Resolution, see Resolution Book No. 63, page 565.) ACTION: Mr. Harris moved the adoption of Resolution No. 35105-101600. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ................................................... 7. NAYS: None .................................................................... 0. Mr. Martin Jeffrey, 517 Rutherford Avenue, N. W., inquired if a written policy will be established defining authorized users of City credit cards, cost projections based on current credit card rates, and criteria for bidding by credit card companies. He advised that this could be an opportunity for minority participation. REPORTS OF COMMITTEES: None. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: COUNCIL: Mr. Harris offered the following resolution changing the place of commencement of the meeting of City Council regularly scheduled to occur at 12:15 p.m., on November 6, 2000, in the City Council Chamber, 215 Church Avenue, S. W., to the Emergency Operations Center Conference Room, first floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., and changing the time and place of the meeting of Council regularly scheduled to occur at 2:00 p.m., on November 6, 2000, in the City Council Chamber, 215 Church Avenue, S. W., to 3:00 p.m., in the Exhibit Hall, Roanoke Civic Center, 710 Williamson Road, N. W., in the City of Roanoke: (#35106-101600) A RESOLUTION changing certain times and places of commencement of regular meetings of City Council scheduled to be held on Monday, November 6, 2000. (For full text of Resolution, see Resolution Book No. 63, page 566.) 30 ACTION: Mr. Harris moved the adoption of Resolution No. 35106-101600. 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. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: COUNCIL: Council Member Bestpitch commended Roanoke County for hosting the first Roanoke Valley Social which was held on Saturday, October 7, 2000, at Explore Park, and requested that the City of Roanoke take the initiative to reciprocate in the near future. POLICE DEPARTMENT-COUNCIL-YOUTH: Council MemberWyatt commended officers of the Police Mounted Patrol Unit who recently met with students from Westside Elementary School. She advised that their participation speaks well of the Police Department and its efforts to go above and beyond the call of duty to be of assistance to Roanoke's citizens, regardless of their age. OATHS OF OFFICE-COMMITTEES-TOWING CONTRACT: Pursuant to Ordinance No. 34843-060500, adopted by Council on Monday, June 5, 2000, which provides for creation of a Towing Advisory Board, the Mayor opened the floor for nominations. Mr. Harris placed in nomination the names of Charles R. Brown, William F. Clark, Robert R. Young, Christine Proffitt, Charles A. Karr, Patrick B. Shumate, Ronald L. Wade, Thomas A. Wood, and Mrs. Clovis Rogers. There being no further nominations, Messrs. Brown, Clark, Young, Karr, Shumate, Wade, and Wood, and Ms. Rogers and Ms. Proffitt were appointed as members of the Towing Advisory Board, by the following vote: 31 ACTION: FOR MESSRS. BROWN, CLARK, YOUNG, KARR, SHUMATE, WADE, AND WOOD, AND MS. ROGERS AND MS. PROFFITT: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ...................................................................................... 7. Inasmuch as Messrs. Brown, Clark and Wood are not residents of the City of Roanoke, Mr. Harris moved that the City residency requirement for persons serving on authorities, boards, commissions and committees appointed by the Council be waived in this specific instance. The motion was seconded by Mr. Hudson and adopted. OATHS OF OFFICE-COMMITTEES-FIRE DEPARTMENT: The Mayor advised that there is a vacancy on the Board of Fire Appeals, and called for nominations to fill the vacancy. Mr. Bestpitch placed in nomination the name of Mark K. Cathey. There being no further nominations, Mr. Cathey was appointed as a member of the Board of Fire Appeals for a term ending June 30, 2004, by the following vote: FOR MR. CATHEY: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ....................................... 7. OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor called attention to vacancies on the Youth Services Citizen Board, and opened the floor for nominations to fill the vacancies. Ms. Wyatt placed in nomination the names of John Lewis and Jenna Decker. Mr. Hudson placed in nomination the name of F. B. Webster Day. There being no further nominations, Messrs. Lewis and Day and Ms. Decker were reappointed/appointed as members of the Youth Services Citizen Board, for terms ending May 31, 2003, by the following vote: FOR MESSRS. LEWIS AND DAY AND MS. DECKER: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ...................................................................................... 7. 32 OATHS OF OFFICE-COMMITTEES-BUILDINGS/BUILDING DEPARTMENT: The Mayor advised that there is a vacancy on the New Construction Code, Board of Appeals, for a term ending September 30, 2005, and called for nominations to fill the vacancy. Mr. Bestpitch placed in nomination the name of Reginald P. Church. There being no further nominations, Mr. Church was appointed as a member of the New Construction Code, Board of Appeals, for a term ending September 30, 2005, by the following vote: FOR MR. CHURCH: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ....................................... 7. OATHS OF OFFICE-COMMITTEES-ROANOKE CiViC CENTER: The Mayor advised that there are vacancies on the Roanoke Civic Center Commission for terms ending September 30, 2003, and called for nominations to fill the vacancies. Mr. Hudson placed in nomination the names of Calvin Johnson, Edward L. Lambert and Thomas G. Powers, Jr. There being no further nominations, Messrs. Johnson, Lambert and Powers were appointed as members of the Roanoke Civic Center Commission for terms ending September 30, 2003, by the following vote: FOR MESSRS. JOHNSON, LAMBERT AND POWERS: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt and Mayor Smith ...................................................................................... 7. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that Council sets this time as a priority for citizens to be heard and a time for Council to listen; and matters requiring referral to the City Manager will be referred without objection, immediately, for any necessary and appropriate response, recommendation or report to Council. CITY COUNCIL-CITY GOVERNMENT: Mr. Martin Jeffrey, 517 Rutherford Avenue, N. W., advised that as a taxpayer of Roanoke, he 33 ACTION: has decided to participate in his City government, which says that it values citizen participation. He further advised that his participation will be on behalf of those citizens who, for various reasons, cannot attend afternoon City Council sessions to raise legitimate questions, issues and concerns which deserve a response by Council. He expressed concern regarding the limited amount of time allotted to citizens to make their comments/presentations before Council. At 5:30 p.m., the Mayor declared the meeting in recess. At 6:15 p.m., the meeting reconvened in the Governor's School Lecture Hall, Patrick Henry High School, 2102 Grandis Road, S. W., with Mayor Smith presiding and all Members of the Council in attendance, except Council Member Hudson, who left the meeting during the Closed Session. COUNCIL: With respect to the Closed Meeting just concluded, Mr. Carder moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, White, Wyatt, and Mayor Smith ...................................................................... 6. NAYS: None .................................................................... 0. (Council Member Hudson left the meeting during the Closed Session.) COMMUNITY PLANNING-ROANOKE VISION, COMPREHENSIVE DEVELOPMENT PLAN: It was the consensus of Council that the following persons would be appointed as members of the Citizens Advisory Committee for Vision 2001, with four additional members to be appointed at a future Council meeting: Walter Rugaber, Brenda L. McDaniel, Carolyn Coles, Frederick M. Williams, Carl D. Cooper, Steve Lemon, Paula L. Prince, Talfourd H. Kemper, Jr., Kevin A. Deck, Matthew Kennel, Dan Smith, Elvah D. Taylor, Mary C. Knapp, Tom Pettigrew, Daniel E. Karnes, Susan L. Willis, Jeanne H. Pedigo, Patrick N. Shaffner, J. Lee E. Osborne, Pearl Fu, John P. Bradshaw, Jr., David 34 W. Davis, III, Beth Doughty, James M. Turner, Jr., Kevin Kays, Jonathan K. Wolfe, Jeannette Manns, Erin Garvin, Mark McConnel, Brian M. Shepard, Christopher Froeschl, Christene C. Proffitt, Stephanie Scott, Evelyn D. Bethel, George Kegley, Brian Gottstein, Richard Dearing and Eddie Wallace. At 6:20 p.m., the Mayor declared the meeting in recess to be reconvened at 7:00 p.m. On Monday, October 16, 2000, at 7:00 p.m., the Roanoke City Council reconvened in regular session at the Governor's School Lecture Hall, Patrick Henry High School, 2102 Grandis Road, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Smith presiding. PRESENT: Council Members William D. Bestpitch, William H. Carder, C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt, and Mayor Ralph K. Smith ............................................. 7. ABSENT: None ................................................................ 0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Sr., Assistant City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Council Member Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Boy Scout Troop No. 8, Raleigh Court United Methodist Church. HEARING OF CITIZENS: POLICE DEPARTMENT-COMPLAINTS: Mr. Wayne Jones, 127 Patton Avenue, N. W., addressed the issue of alleged police misconduct, which instances will continue to be brought to the attention of Council until Council recognizes the need for a citizen review panel. He inquired as to why the three citizens who have completed the Police Academy have not been called upon to hear issues involving citizens and the police department. He stated that 35 problems between citizens and the police department should not be allowed to get out of control; therefore, the Mayor, City Council, the City Manager, the Assistant City Manager and the Chief of Police will be held accountable by citizens for actions by the police department. Mr. Martin Jeffrey, 517 Rutherford Avenue, N. W., addressed Council with regard to the James Minor motorcycle accident in which Mr. Minor lost his life during an alleged police pursuit. He advised that there are other witnesses to the police chase who will testify that they observed police cruisers following Mr. Minor to the 1100 block of Hanover Avenue where he met his death and there are other inconsistencies in testimony that witnesses will share with the appropriate body. He called attention to a recommendation by the City Manager regarding the appointment of a citizen review panel and requested that the panel, which will consist of police officers and citizens, be activated to review all information regarding the James Minor accident to insure that there has been an objective review of all circumstances surrounding Mr. Minor's death. Without objection by Council, the Mayor advised that the remarks of Mr. Jones and Mr. Jeffrey would be referred to the City Manager. AFFIRMATIVE ACTION: A request of Ms. Freda Cathcart and Ms. Nanette Borling to address the issue of sexual orientation/discrimination, was before Council. Ms. Borling withdrew her request to speak and Ms. Cathcart advised that her remarks would be placed in writing and forwarded to Council at a later date. 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, October 16, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Madison Health Care Center, that approximately 10.384 acres of land located at 4415 Pheasant Ridge Road, S. W., identified as Official Tax No. 5460101, be rezoned from C-1, Office District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner, the matterwas before the body. 36 Legal advertisement of the public hearing was published in The Roanoke Times on Friday, September 29 and Friday, October 6, 2000. (See publisher's affidavit on file in the City Clerk's Office.) A communication from Richard L. Jones, Jr., Spokesperson, requesting that the public hearing be continued until the regular meeting of Council on Monday, November 20, 2000, at 7:00 p.m., was also before the body. (For full text, see communication on file in the City Clerk's Office.) ACTION: Without objection by Council, the Mayor advised that the public hearing would be continued until the regular meeting of Council on Monday, November 20, 2000, at 7:00 p.m., at the Governor's School Lecture Hall, Patrick Henry High School, 2102 Grandis Road, S. W., City of Roanoke, Virginia. ZONING-CITY CODE: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, October 16, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Adam J. Cohen, to amend Section 36.1-25, Definitions, of the Code of the City of Roanoke (1979), as amended, to include a definition for a single-family attached dwelling; and that Section 36.1-127, special exception uses in the RM-2, Residential Multi-family, Medium Density District, and Section 36.1-186, special exception uses in the C-1, Office District, be amended to permit single-family attached dwellings by special exception, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, September 29, and Friday, October 6, 2000. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that rather than proceed to City Council with an unfavorable recommendation, Mr. Cohen chose to amend his petition; the revised petition requests an amendment to the City's zoning code to create a new definition for single-family attached dwellings, with such dwellings permitted by special exception in the RM-2, Residential Multifamily, Medium Density District, and the C-1 Office District, was before the body. 37 ACTION: The City Planning Commission recommended that no change be made to the existing zoning code, and advised that existing code provisions support housing recommendations as set forth in the City's Comprehensive Plan. (For full text, see report on file in the City Clerk's Office.) Due to an advertising technicality, the Mayor advised that the public hearing would be continued until the regular meeting of Council on Monday, November 20, 2000, at 7:00 p.m., at the Governor's School Lecture Hall, Patrick Henry High School. 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, October 16, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Magic City Branch #524 National Association of Letter Carriers, that a certain alley extending from 10th Street, N. E., to 11th Street, described as Block 7, Fairmount Map, being parallel to and between Georgia Avenue and Connecticut Avenue, be permanently vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, September 29, and Friday, October 6, 2000. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that Magic City Branch #524 National Association of Letter Carriers owns and operates a union lodge facility at 1015 Georgia Avenue, N. E.; the applicant has also filed a separate application to vacate, discontinue and close a certain 285 foot section of Georgia Avenue, N. E., that extends between Blocks 6 and 7; the above-described undeveloped alley, as requested for vacation and closure in the application, extends from 10th Street to 11th Street, N. E., through the center of Block 7, and is located approximately 130 feet to the east of this 285 foot section of Georgia Avenue; and the applicant owns all of the properties abutting upon the east side of the alley. The City Planning Commission recommended that Council approve the request to close, discontinue and permanently vacate the 38 ACTION: above described undeveloped public alley, subject to certain conditions as more fully set forth in the report. (For full text, see report on file in the City Clerk's Office.) Mr. Harris moved that the following ordinance be placed upon its first reading: (#35107) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. The motion was seconded by Mr. Carder. Edward A. Natt, Attorney, appeared before Council in support of the request of his client. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 35107 was adopted, on its first reading, by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ................................................... 7. NAYS: None .................................................................... 0. Without objection by Council, the Mayor advised that the public hearing would be closed. 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, October 16, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Magic City Branch #524 National Association of Letter Carriers that a portion of Georgia Avenue, N. E., extending in an easterly direction from 10th Street for a distance of 285 feet to a point approximately 100 feet from the intersection of 11th Street, be permanently vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, September 29, and Friday, October 6, 2000. 39 ACTION: (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the applicant is requesting that this small paved section of Georgia Avenue be closed, discontinued and permanently vacated to allow the owner to control access to the property that surrounds both sides of the subject street section and to prevent the use of this street right-of-way for other purposes. The City Planning Commission recommended that Council approve the request, subject to certain conditions as more fully set forth in the report. (For full text, see report on file in the City Clerk's Office.) Mr. Harris moved that the following ordinance be placed upon its first reading: (#35108) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. The motion was seconded by Mr. Carder. Edward A. Natt, Attorney, appeared before Council in support of the request of his client. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 35108 was adopted, on its first reading, by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ................................................... 7. NAYS: None .................................................................... 0. Without objection by Council, the Mayor advised that the public hearing would be closed. BONDS/BOND ISSUES-SCHOOLS: Pursuant to instructions by Council, the City Clerk having advertised a public hearing for Monday, 4O October 16, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider adoption of a resolution, or resolutions, approving issuance by the City of its general obligation bonds, in an amount estimated not to exceed $1,291,618.00, for the purpose of financing certain rehabilitations, repairs and equipment for the Roanoke Academy for Mathematics and Science, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, September 29, and Friday, October 6, 2000. (See publisher's affidavit on file in the City Clerk's Office.) ACTION: The Mayor inquired in there were persons present who would like to address Council in connection with the matter. There being none, the Mayor declared the public hearing closed. CITY CODE-ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, October 16, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke, to consider an amendment to Section 36.1-693, Notice of hearin.q, Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, to provide for certain forms of notification to owners of property which is subject to a rezoning, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, September 29, 2000, and Friday, October 6, 2000. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that a massive rezoning of over 1,100 properties in Greater Raleigh Court was undertaken by the City Planning Commission in December, 1999, which required the individual posting of each property that was proposed for rezoning; the posting, or notice of hearing by the City Planning Commission, was required by the City's Zoning Ordinance, but such posting is not required by State law, and is in addition to the individual mailing notice to property owners and legal advertising requirements (two ads) that are required by State law; the posting activity in Greater 41 ACTION: Raleigh Court required several days work for approximately 15 City staff in preparing and placing notices on the subject properties; future rezonings of similar size may occur in the future to correct zoning and land use patterns in accordance with prepared neighborhood plans; and in an effort to modify this labor intensive effort to one that is easier to implement, the City Planning Commission considered a request to amend the City's Zoning Ordinance, was before Council. The City Planning Commission recommended that Council approve a proposed Zoning Ordinance amendment, which revised provision will continue to provide for posting of properties for public hearings before the Planning Commission; and if there are 25 or fewer properties involved, each property would be posted, however, if more than 25 properties are involved, signs would be posted at street intersections, at least one per the affected block(s), notifying the public of the hearing, which notices are in addition to written notification to all affected property owners and two legal advertisements as required by State law. (For full text, see report on file in the City Clerk's Office.) Mr. Harris moved that the following ordinance be placed upon its first reading: (#35109) AN ORDINANCE amending §36.1-693, Notice of hearin.q, of Chapter 36.1, Zoninc~, of the Code of the City of Roanoke (1979), as amended, to clarify notice requirements. The motion was seconded by Mr. Hudson. The Mayor inquired if there were persons present who would like to address Council with regard to the matter; whereupon, Mr. Martin Jeffrey, 517 Rutherford Avenue, N. W., advised that the Zoning Ordinance should remain in its present form and Council should take more time to study the proposed amendment. He encouraged that citizens obtain more information regarding the purpose of the proposed amendment because it could have a serious impact on City neighborhoods in the future. Ordinance No. 35109, on its first reading, was adopted by the following vote: 42 AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ................................................... 7. NAYS: None .................................................................... 0. Without objection by Council, the Mayor advised that the public hearing would be closed. CITY CODE-ZONING-SIGNS/BILLBOARDS/AWNINGS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, October 16, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke, to consider amendment to Section 36.1-25, Definitions, of Article II, Construction of Language and definitions, and Section 36.1-445, Additional Sign Regulations, of Article IV, Supplementary Regulations, Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, to clarify and provide appropriate spatial requirements for outdoor advertising signs, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, September 29, 2000, and Friday, October 6, 2000. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the City receives numerous complaints from neighborhood leaders and citizens in general concerning outdoor advertising signs (billboards) along, and adjacent to, major streets and gateway entrances into the City; Section 36.1-445 of the Code of the City of Roanoke (1979), as amended, currently provides that outdoor advertising cannot be located within 250 feet of a residential district or within 250 feet from another such sign on the same side of the street; and Section 36.1-414 further provides for determining how distances between uses are to be calculated, was before Council. It was further advised that on April 13, 2000, the Circuit Court for the City of Roanoke reversed a May 4, 1999, ruling of the Roanoke City Board of Zoning Appeals, in which the Board upheld the Zoning Administrator's decision that the spatial requirements for outdoor advertising signs shall be measured from the property lines of the lots 43 ACTION: on which the billboards are to be erected; the Circuit Court, basing its opinion on the language of Section 36.1-445 (a) (3) of the City Code, held that the distance between billboards must be measured between the billboards themselves and not the property lines of the lots on which they are erected; and consequently, amendments to Section 36.1-25, Definitions, of Article II, Construction of language and definitions, and Section 36.1-445, Additional Sign Regulations are needed. It was explained that amendments are proposed for the purpose of providing additional clarification on the method and manner in which the spatial requirements for outdoor advertising signs will be measured and regulated by the City in the future; amendments will provide for a reasonable increase in the distances required between outdoor advertising signs and zoning boundaries of the City's residential districts from 250 feet to 500 feet, however, existing billboards are grandfathered and may continue to be 250 feet from a residential district; and as a means of protecting and maintaining the existing aesthetic and scenic values along major streets, thoroughfares and gateways into the City, the proposed amendments will prohibit the installation of any outdoor advertising sign, within a distance of 500 feet of any location where a municipal corporation boundary is intersected by an arterial or collector street. The City Planning Commission recommended that Council approve the proposed amendments to Section 36.1-25, Definitions, of Article II, Construction of language and definitions, and subsections (a) (1) and (a) (3), of Section 36.1-445, Additional Sign Regulations, Article IV, Supplemental Regulations, of the Code of the City of Roanoke (1979), as amended. (For full text, see report on file in the City Clerk's Office.) Mr. Harris moved that the following ordinance be placed upon its first reading: AN ORDINANCE amending and reordaining §36.1-25, Definitions, of Article II, Construction of Langua.qe and definitions; and subsection (a) of §36.1-445, additional si.qn re.qulations, of Article IV, Supplementary Regulations, of Chapter 36.~, Zoning, of the Code of the City of Roanoke (1979), as amended, to clarify and provide appropriate spatial requirements for outdoor advertising signs. 44 The motion was seconded by Mr. Carder. The Mayor inquired if there were persons present who would like to address Council. Brian Mullins, Operations Manager, Lamar Advertising, advised that it is his responsibility to insure that billboards are kept safe and pleasing in appearance and Lamar Advertising has invested a considerable sum of money for that purpose, having expended over $3 million in capital funds during the past three years. He asked that Council refer the proposed amendments back to the City Planning Commission for further review. Roger EIImore, Executive Director, Virginia's Explore Park, advised that Explore Park has outdoor advertising in Roanoke and in other parts of the state; outdoor advertising is a useful tool in providing needed information to the traveling public, as well as to local residents, and Explore Park has benefitted from the use of outdoor advertising and the generosity of the advertising industry. He stated that regulations are needed and he supports reasonable and fair restrictions; however, the advertising industry should not be regulated out of business because it serves a valuable function in the community. Keith Austin, General Manager, Lamar Advertising of Roanoke, advised that the proposed amendments are considered by the sign industry to be major, not minor in nature, as previously stated by the Director of Community Planning. He stated that it is difficult to equate the word minor with the doubling of required distance--a change of 250 feet between signs to an arbitrary spacing requiring an entire lot or more between lots containing billboards, and the establishment of a no billboard zone at commercial entrances where there was no previous requirement. He further stated that billboard structures are declining and not proliferating, the City and Lamar Advertising alone has lost 18 structures in nine years versus building six, for a net loss of 12. He added that the proposed amendments equate to a faster return or decline in numbers due to creation of more non conforming expectations of billboards and eventual attrition. He advised that City Code and State Code statutes have resulted in fewer billboards today and no new billboards have been constructed outside of the commercial environment in Roanoke City. He stated that he was unable 45 to find an ordinance adopted by any other municipality in Virginia containing lot line spacing language, as is proposed by the City of Roanoke. Mr. Garland Kitts, 1545 Patrick Road, S. W., advised that the proposed amendments require that signs be measured using difficult to understand formula which causes inequities concerning land use and property rights, etc. He stated that he has contacted all of the Lamar Advertising locations in North Carolina, West Virginia, Kentucky and Tennessee and none are required to use a spacing requirement that has any similarity to the one proposed by Roanoke City. He advised that in regard to spacing in residential districts, he researched 28 cities across the United States and the average is 139 feet; and while City staff has indicated that they are not trying to get rid of billboards, a requirement of 500 feet from residential zoning will eventually severely impact the ability to offer billboard advertising to the business community. He noted that outdoor advertising has existed for over 100 years and it is not in the best interest of the community to regulate the industry out of business. Ms. Terri Beck, 1114 Howbert Avenue, S. W., representing the Wasena Neighborhood Forum, advised that new billboards should not be placed within residential areas of the City; however, the proposed amendments appear to be unrealistic because the billboard industry will be eliminated through attrition. She further advised that the Wasena Neighborhood Forum has worked with Lamar Advertising for the past six years in advertising its annual 5K race which is the fund raiser for the neighborhood organization and because the race has become the largest 5K race in Roanoke, its success is, in large measure, due to billboard advertising. She requested that Council give further consideration to the proposed amendments because neighborhood groups and local businesses need the type of advertising provided by billboards. Mr. Cliff Shepherd, 3820 Bosworth Drive, S. W., advised that these businesses using billboards believe that billboards are an integral part of their advertising budget. He stated that Roanoke is turning more toward pro-business, advertising is good for business, and those persons locating their business in the bio-med center will want to use billboard advertising. He encouraged more concentration by the City on productive efforts in lieu of wasting time on mundane issues. 46 Randy Hodges, representing Hodges Sign Company, 1601 Seibel Drive, N. E., advised that he manufactures electrical on premise signs and outdoor advertising signs and he has three signs currently located in the City of Roanoke. He inquired as to why there is an immediate problem with billboards - is it because of complaints by citizens or because of a staff induced situation as a result of a court case that was over turned due to interpretation by City staff. He stated that he has been in the billboard business since 1979 and approximately 12 - 15 new sign structures have been installed since that time, which is an average of one half sign structure per year. He requested that Council deny approval of the proposed amendments which will adversely effect the billboard industry. Steven Davis, Vice-President of Advertising, Grand Home Interiors, advised that Roanoke's economy has changed from industrial based to service based, with retail businesses being the primary employer; retail businesses rely on all forms of advertising to sustain themselves and thus provide employment; and for larger retailers, outdoor advertising is essential to marketing efforts. He stated that there is no question that billboards, like any structure, need restrictions, and there are areas of the City where billboards are inappropriate. He added that current regulations governing outdoor advertising appear to be sufficient in that billboards remain primarily in commercial areas and there has been no expansion of billboards in recent years. He advised that Grand Home Interiors would encourage that any new restrictions be objective and take into consideration the needs of the Roanoke Valley's principal employers, the retail community. Mr. Harris withdrew the motion and Mr. Carder withdrew the second. Mr. Harris advised that the recommendation of the City Planning Commission was submitted to Council on a divided vote; therefore, it would be appropriate to refer the matter back to the City Planning Commission and to City Planning staff with the request that they meet with representatives of the sign/billboard industry to reach a consensus that would be satisfactory to the City Planning Commission and to representatives of the sign/billboard industry. 47 Mr. Harris moved that the matter be referred back to the City Planning Commission for further study, report and recommendation to Council. The motion was seconded by Mr. Hudson and adopted. Without objection by Council, the Mayor advised that the public hearing would be closed. 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, October 16, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke that a certain portion of First Street, N. W., between Shenandoah Avenue and Centre Avenue, be permanently vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, September 29, 2000, and Friday, October 6, 2000. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that during the past 12 months, the City of Roanoke and the Roanoke Redevelopment and Housing Authority (RRHA) have filed several applications to close and vacate certain sections of public street and alley rights-of-way in the Greater Gainsboro community, which were part of a long range planning process of the City to effect certain specific improvements in the Greater Gainsboro area; on July 20, 2000, the Planning Commission reviewed and concurred in a staff report recommending that the City's request to alter, by barricade, First Street between Shenandoah Avenue and Centre Avenue, N. W., be approved; and Council subsequently adopted an ordinance on August 21, 2000, officially altering by barricade, the described section of First Street, N. W.; to vehicular traffic which was a necessary and essential step in providing for the redesign and conversion of the street right-of-way for future use as a pedestrian plaza, was before Council. It was further advised that the application is a request to permanently vacate a smaller area of the public right-of-way that lies within the described section of First Street, N. W., that was previously altered by barricade and closed to vehicular traffic; the purpose of the street vacation is to provide a small, but necessary area of additional 48 ACTION: land for the future construction of a projecting or overlapping part of a proposed parking garage that will be located on the easterly side of the proposed pedestrian plaza; and the street vacation will facilitate the needs of certain phased development activities within the Greater Gainsboro Redevelopment area, and is consistent with the intent of the City's Comprehensive Plan which encourages economic development opportunities in the downtown and its environs. The City Planning Commission recommended that Council approve the request, subject to certain conditions as more fully set forth in the report. (For full text, see report on file in the City Clerk's Office.) Mr. Harris moved that the following ordinance be placed upon its first reading: (#35110) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. The motion was seconded by Mr. Carder. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 35110 was adopted, on its first reading, by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ................................................... 7. NAYS: None .................................................................... 0. Without objection by Council, the Mayor advised that the public hearing would be closed. CITY NURSING HOME-CITY PROPERTY-LEASES-WATER RESOURCES: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, October 16, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke to renew an existing lease of City property located northwest 49 ACTION: of the former City Nursing Home at Coyner Springs, with the existing tenants, Ned B. and Richard B. Jeter, for farming of the land, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, October 8, 2000. (See publisher's affidavit on file in the City Clerk's Office.) A report of the Water Resources Committee advising that the current lease with Richard B. and Ned B. Jeter has expired; and the Jeters, who have leased the tract of land since April 20, 1982, have requested that they be granted a five-year lease under essentially the same terms as their previous lease, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. Harris moved that the following ordinance be placed upon its first reading: (#35111 ) AN ORDINANCE authorizing the proper City officials to enter into a lease agreement between the City and Richard B. and Ned B. Jeter, for use of a 7.41-acre tract of land for agricultural purposes, upon certain terms and conditions. The motion was seconded by Ms. Wyatt. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 35111 was adopted, on its first reading, by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ................................................... 7. NAYS: None .................................................................... 0. Without objection by Council, the Mayor advised that the public hearing would be closed. CITY PROPERTY-LEASES-WATER RESOURCES: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, 50 the City Clerk having advertised a public hearing for Monday, October 16, 2000, at 7:00 p.m., oras soon thereafter as the matter may be heard, on the request of the City of Roanoke to lease City property located at 1015 Jamison Avenue, S. E., to the Southeast Action Forum, pursuant to the same terms and conditions as the previous lease at said location, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, October 8, 2000. (See publisher's affidavit on file in the City Clerk's Office.) A report of the Water Resources Committee advising that property located at 1015 Jamison Avenue, S. E., has been leased to the Southeast Action Forum, or its predecessor since 1980; the current lease has expired and the Southeast Action Forum has requested that it be granted a new five-year lease under the same terms as the previous lease, was before Council. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. Harris moved that the following ordinance be placed upon its first reading: (#35112) AN ORDINANCE authorizing the proper City officials to enter into a lease agreement between the City and Southeast Action Forum for the lease of City-owned property located at 1015 Jamison Avenue, S. E. (known as Old Fire Station #6), upon certain terms and conditions. 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 matter. There being none, Ordinance No. 35112 was adopted, on its first reading, by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ................................................... 7. NAYS: None .................................................................... 0. 51 ACTION: Without objection by Council, the Mayor advised that the public hearing would be closed. PURCHASE/SALE OF PROPERTY-CITY PROPERTY-WATER RESOURCES: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, October 16, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke, to sell surplus City-owned property located at the corner of Bullitt Avenue and Sixth Street, S. E., Official Tax No. 4013701, to the highest bidder, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, October 8, 2000. (See publisher's affidavit on file in the City Clerk's Office.) A report of the Water Resources Committee advising that the subject property is located at the corner of Bullitt Avenue and Sixth Street, S. E., and was acquired by the City in 1965; the property is located in a residential area (RM-2) and contains approximately 11,000 square feet; the lot has been assessed by the Office of Real Estate Valuation for $10,000.00; and City policy requires surplus property to be advertised and sold to the highest bidder if the property can be used to construct a separate structure, was before Council. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#35113-101600) A RESOLUTION declaring certain City-owned real estate, identified by Official Tax No. 4013701, to be surplus property and authorizing its advertisement for sale to the general public. (For full text of Resolution, see Resolution Book No. 63, page .) Mr. Harris moved the adoption of Resolution No. 35113-101600. The motion was seconded by Mr. Hudson and adopted by the following vote: 52 AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ................................................... 7. NAYS: None .................................................................... 0. Without objection by Council, the Mayor advised that the public hearing would be closed. OTHER HEARINGS OF CITIZENS: The Mayor advised that Council sets this time as a priority for citizens to speak and a time for Council to listen; and matters requiring referral to the City Manager will be referred, without objection, immediately, for any necessary and appropriate response, recommendation or report to Council. ZONING-COMPLAINTS-NEIGHBORHOOD ORGANIZATIONS: The following persons addressed Council in connection with proposed expansion efforts by the Rescue Mission, 402 4th Street, S. E.: Cassandra Camillieri, 424 Bullitt Avenue, S. E. Corrine Camillieri, 424 Bullitt Avenue, S. E. John McGonigal, 706Mintrose Avenue, S. E. Debra Jewel, 502 5th Street, S. E. Bobby Meadows, 416 Bullitt Avenue, S. E. Christene Proffitt, 424 Bullitt Avenue, S. E. Frank Spencer, 503 Bullitt Avenue, S. E. Michael Scott, 502 5th Street, S. E. Scott Blankenship, Fourth Street, S. E. William Hartman, 617 Stewart Avenue, S. E. Teresa Kidd, 314 8th Street, S. E. Alexis Mandakis, 124 Riverdale Road, S. E. Kathy Hill, .509 Arbor Avenue, S. E. Dr. Tony Stavola, 1836 Greenwood Road, S. W. Concerns were expressed with regard to the following alleged conditions as a result of the operation of the Rescue Mission: Littering, Personal safety of persons living in the area, Drinking in public, Defecating in public, 53 Disrespect for the neighborhood, Southeast Roanoke is a forgotten part of the City, Razing houses that are still viable and rezoning Southeast residential neighborhoods to construct an institutional facility that will have a detrimental and negative impact on the Belmont area and downtown Roanoke in general, Increased crime, The Rescue Mission is more of a liability to the neighborhood than an asset, Southeast residents are concerned with regard to the declining state of the historic Belmont neighborhood, The combined value of the dwellings that have been demolished in the Belmont neighborhood is approximately $192,000.00, Southeast residents believe that the expansion of the Rescue Mission is a "done deal" even if the neighborhood is in opposition, Intoxicated persons walking throughout the neighborhood, Drugs and prostitution; and Harassment of area residents by vagrants for money and sex. Scott Blankenship, President, Rescue Mission Board of Directors, advised that the Rescue Mission has responded to the needs of the entire Roanoke Valley community since 1948 and the Mission has operated in its present location since 1973. He stated that the goal of the Rescue Mission is to address long term existing societal problems that are a part of any city or a neighborhood; expansion plans have been pending since 1989 and the Rescue Mission has not submitted a final plan to the City or to the City Planning Commission because it is striving to address the concerns of Southeast residents. He further stated that those concerns expressed by the above listed speakers have been addressed at three neighborhood walks and five neighborhood meetings and, with its consultant, the Rescue Mission is addressing those areas of concern that can be incorporated into the overall plan. He advised that the Rescue Mission employs 50 persons and 900 volunteers, and over 18,000 households in the Roanoke community support the goals and objectives of the Rescue Mission, and believe that those citizens served by the Rescue Mission are entitled to the same rights as every other citizen of the Roanoke area. POLICE DEPARTMENT-COMPLAINTS: Ms. Margaret Patterson, 414 4th Street, S. W., addressed Council with regard to the City's investigation into the death of her nephew, James Minor, and advised that in light of certain alleged discrepancies in the police investigation, 54 it is requested that the matter be referred to a Citizen's Review Panel for investigation, and that the following information be provided by the City of Roanoke to the Minor family: Copy of the investigative reports prepared by police officers; An account of the accident and the police pursuit; The emergency call and autopsy reports; All photographs of the scene of the accident and all other pertinent photographs; A report on the motorcycle which was involved in the accident; Names of all police officers involved in the case; and Copy of the report by Donald L. Stokes, witness to the accident. POLICE DEPARTMENT-CMERP-EQUIPMENT: Mr. Carl Cooper, 2120 Carroll Avenue, N. W., commended the City of Roanoke on approving the Capital Maintenance and Equipment Replacement Program budget which included 24 video cameras to be installed in police vehicles. He suggested that once the video cameras are turned on by police officers, they should be activated throughout the entire police encounter. POLICE DEPARTMENT-COMPLAINTS: Ms. Wanda Butler, 613 Milton Street, N. W., referred to alleged police misconduct when officers were called to her residence to investigate a domestic dispute. POLICE DEPARTMENT-COMPLAINTS: Mr. Bryon Casey, 3741 Signal Hill Avenue, N. W., requested a copy of the video tape of the James Minor motorcycle accident. He questioned statements that a full investigation was conducted by the City's Police Department when the vehicle that was involved in the accident is presently located in the City of Salem and the motorcycle is located in the City of Roanoke. He alleged that the Police Department's witness did not have a valid driver's license or appropriate automobile insurance coverage on his vehicle, however, the individual was not charged by police officers for these violations. At 8:50 p.m., the Mayor declared the meeting in recess until Monday, October 30, 2000, at 4:00 p.m., at which time the Members of Council and City staff will tour the Melrose/Rugby neighborhood. The regular meeting of Roanoke City Council for Monday, October 16, 2000, which was declared in recess until October 30, 2000, reconvened on Monday, October 30, 2000, in the City Council's parking lot, located adjacent to the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., for a tour of the Melrose/Rugby neighborhood, with Mayor Ralph K. Smith presiding. PRESENT: Council Members William D. Bestpitch, William H. Carder, C. Nelson Harris, William White, Sr., and Mayor Ralph K. Smith ................................ 5. ABSENT: Council Members W. Alvin Hudson, Jr. and Linda F. Wyatt ........... 2. OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Deputy City Manager; and Mary F. Parker, City Clerk. NEIGHBORHOOD ORGANIZATIONS-COUNCIL: The bus departed from the parking lot adjacent to the Noel C. Taylor Municipal Building at 4:15 p.m., en route to the Eureka Park Recreation Center for a tour of the facilities. Following the tour, neighborhood leaders and City staff divided into three groups to participate in a walking tour of the Melrose/Rugby neighborhood. Following the neighborhood tour, delegation met at the Melrose/Rugby Community Center, 1730 Orange Avenue, N. W., for refreshments and informal discussion. Issues/concerns that were identified include the followinq: Examples of incompatible infill construction; There is a development opportunity with the Heritage Acres property; New sidewalks, curb and gutter projects are happening throughout the neighborhood; There is a wide side street along Andrews read that encourages speeding and isolates neighbors from each other; The area is served by three parks: Kennedy, Staunton and Eureka; The Lick Run Greenway Corridor runs behind Heritage Acres; Melrose Library on Salem Turnpike is difficult to reach by foot; 56 Certain alleys, curbs and porches are littered by bulk and brush; There are zoning conflicts from the 2100 - 2500 blocks of Orange Avenue (C-2 - residential area); A new satellite police office has been located on the corner of Lafayette Boulevard and Florida Avenue; and Renovations are taking place at the Roanoke Academy for Mathematics and Science. At 5:50 p.m., the bus returned to the parking lot adjacent to the Noel C. Taylor Municipal Building, at which time the Mayor declared the meeting adjourned. ATTEST: Mary F. Parker City Clerk APPROVED Ralph K. Smith Mayor 57 C-1 REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL June 18, 2001 2:00~p.m. The Council of the City of Roanoke met in regular session on Monday, June 18, 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, Regular Meetings, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 35270-040201 adopted on April 2, 2001. PRESENT: Council Members William D. Bestpitch, William H. Carder, C. Nelson Harris, W. Alvin Hudson, Jr., and Mayor Ralph K. Smith ............................. 5. ABSENT: Council Members William White, Sr., and Linda F. Wyatt ............... -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. The meeting was opened with a prayer by The Reverend John S. Johnson, Director of Programs, Rescue Mission. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Ralph K. Smith. PRESENTATIONS PROCLAMATIONS: The Mayor presented a Proclamation declaring November 19 - 23, 2001, as The Week of the Family in the City of Roanoke. (For full text, see Proclamation on file in the City Clerk's Office.) ACTS OF ACKNOWLEDGEMENT.HOTEL ROANOKE CONFERENCE CENTER: Mr. Carder offered the following resolution recognizing the hard work, excellent leadership and exemplary performance of Deborah J. Moses, Executive Director of the Hotel Roanoke Conference Center Commission, in connection with litigation filed by the Commission and its efforts to resolve construction problems at the Hotel Roanoke Conference Center: (#35393-061801) A RESOLUTION expressing appreciation and recognition of the work of Deborah J. Moses, Executive Director of the Hotel Roanoke Conference Center Commission. (For full text of Resolution, see Resolution Book No. 64.) ACTION: Mr. Carder moved the adoption of Resolution No. 35393-061801. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith ............................................................................................................. 5. NAYS: None .......................................................................................... -0. (Council Members White and Wyatt were absent.) On behalf of the Members of Council, the Mayor presented a ceremonial copy of the above referenced measure to Ms. Moses. PROCLAMATIONS: The Mayor presented a proclamation declaring Wednesday, June 27, 2001, as Mary Chrisholm Pickett Day in the City of Roanoke, and presented a copy of the proclamation to Ms. Pickett. Inasmuch as Ms. Pickett holds the distinction of being the first woman elected to the Roanoke City Council, serving from September 1, 1953 to August 31, 1960, on behalf of the citizens of the City of Roanoke and the Members of Council, the Mayor presented her with a Key to the City. 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 three requests for Closed Meetings to discuss appointments to a specific committee; to discuss the performance of two Council-Appointed Officers; and to discuss personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by Council. MINUTES: Minutes of the regular meetings of Council held on Monday, June 4, 2001, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) 2 ACTION: ACTION: ACTION: 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. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith .............................................................................................................. 5. NAYS: None ......................................................................................... 0. (Council Members White and Wyatt were absent.) COMMITTEES-CITY 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. Harris moved that Council concur in the request of the Mayor to convene in a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith .............................................................................................................. 5. NAYS: None ..................................................................................... -0. (Council Members White and Wyatt were absent.) COMMITTEES-CITY COUNCIL: A communication from Council Member William D. Bestpitch requesting that Council convene in a Closed Meeting to discuss appointments to a specific committee, 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 Council Member Bestpitch to convene in a Closed Meeting to discuss appointments to a specific committee, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Carder and adopted by the following vote: 3 ACTION: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith .............................................................................................................. 5. NAYS: None ...................................................................................... -0. (Council Members White and Wyatt were absent.) CITY EMPLOYEES-CITY COUNCIL: A communication from Council Member C. Nelson Harris, Chair, City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss a personnel matter with regard to the performance of two Council-Appointed Officers, 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 a personnel matter with regard to the performance of two Council-Appointed Officers, pursuant to Section 2.1-344 (A)(I), Code of Virginia (1950), as amended. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith .............................................................................................................. 5. NAYS: None .................................................................................. -0. (Council Members White and Wyatt were absent.) MUNICIPAL AUDITOR-COMMITTEES-AUDIT COMMITTEE: Minutes of a meeting of the Audit Committee which was held on Monday, June 4, 2001, were before the body. The following items were considered by the Audit Committee: FINANCIAL RELATED AUDITS: Records Management Economic Development Human Resources Miscellaneous Taxes 4 ACTION: ACTION: UNFINISHED BUSINESS: Update on Comprehensive Services Act (CSA) NEW BUSINESS: KPMG Audit plan - June 30, 2001 Briefing on Municipal Auditing 2002 Audit Plan (For full text, see Minutes on file in the City Clerk's Office.) Mr. Harris moved that the Minutes be received and filed. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith .............................................................................................................. 5. NAYS: None (Council Members White and Wyatt were absent.) MUNICIPAL AUDITOR: A communication from Robert H. Bird, Municipal Auditor, advising that he will retire from his position as Municipal Auditor, effective at the close of business on Friday, September 28, 2001, was before the body. (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 notice of retirement. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith ............................................................................................................. -5. NAYS: None 0. (Council Members White and Wyatt were absent.) BUDGET-AMTRAK-RAIL SERVICE: A communication from David A. Bowers, Chair, Passenger Rail Service Committee, transmitting a portion of the Spring 2001 newsletter, "The Inside Track," published by the American Passenger Rail Coalition, and advising that the latest statistics indicate that Amtrak ridership and revenues continue to grow in the first half of fiscal year 2001, as they have for the last four 5 ACTION: years, with over 11 million passengers riding Amtrak trains from October 2000 through March 2001; and Council will be requested to fund capital improvements to the old Norfolk Southern Passenger Station through Roanoke in the future, and support for that initiative will be appreciated, 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. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith .............................................................................................................. 5. NAYS: None ............................................................................................ -0. (Council Members White and Wyatt were absent.) Y.M.C.A.-CITY PROPERTY: A communication from the City Manager advising that the YMCA of Roanoke Valley, a non-profit organization, plans to build a new 40,000 square feet Central Branch YMCA to be located at 5th Street and Luck Avenue to accommodate the expanding number of programs and to replace the current outdated facility; construction of the new $6.5 million facility is scheduled to begin no later than June 1,2002; and the YMCA has made a formal offer to the City to enter into a collaborative agreement for partnering on the development and use of the new facility, was before Council. It was further advised that the Agreement specifies that the City will provide a $2 million grant toward construction of the indoor aquatic facility; annual equal payments will be made to the YMCA over a period often years, with the first payment of $200,000.00 due by September 1, 2001, and funding for operational support will not be requested; to facilitate construction, a real estate swop will occur between the City and the YMCA, with the City to transfer title of Official Tax Nos. 1113419 and 1113418 (506 Church Avenue and the adjoining lot) to the YMCA; upon completion of construction of the new facility, the YMCA will transfer title of its current parking lot and facility, excluding the annex gymnasium, which adjoins the current Central Branch of the YMCA (425 Church Avenue), Official Tax Nos. 1011206, 1011209 and 1011210; the property received by the City may be valuable in addressing parking needs in the area; benefits for City residents will include a discount on the initial membership fee at all facilities owned or operated by the YMCA in the City of Roanoke, County of Roanoke, City of Salem, Town of Vinton and County of Botetourt; and the Department of Parks and Recreation will participate with the YMCA in a Program Committee to develop programs. 6 ACTION: ACTION: The City Manager recommended that Council authorize a public hearing to be held on July 2, 2001, for a real estate swop, and following the public hearing, authorize the City Manager to execute an Agreement, approved as to form by the City Attorney, with payment of $200,000.00 due on September 1,2001, to be appropriated with the approval of the Five Year Capital Improvement Program, and subsequent years payments shall be included in annual operating budgets subject to appropriation by Council as specified in the Agreement. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris moved that Council concur in the recommendation of the City Manager to hold a public hearing on Monday July 2, 2001, at 2:00 p.m., or as soon thereafter the matter may be heard, in the City Council Chamber. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith .............................................................................................................. 5. NAYS: None ......................................................................................... -0. (Council Members White and Wyatt were absent.) TAXES-ANNUAL REPORTS: A communication from the Honorable Ralph K. Smith, Mayor, transmitting correspondence dated June 8, 2001, from the Honorable Richard C. Pattisall, Chief Judge, Twenty-Third Judicial Circuit of Virginia, and a May 30, 2001, report from the Board of Equalization, advising that the Equalization Board received 67 appeals from property owners, plus discovered inaccuracies in another 13 vacant lots, with a total of 80 properties having been inspected; and recommending that future Equalization Boards continue to have access to computer service in their work, with separate office space from the Office of Real Estate Valuation, was before Council. (For full text, see communications on file in the City Clerk's Office.) Mr. Harris moved that the communication be received and filed. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith ............................................................................................................. -5. NAYS: None .......................................................................................... -0. (Council Members White and Wyatt were absent.) 7 ACTION: HOUSING/AUTHORITY-OATHS OF OFFICE-COMMITTEES: A report of qualification of Nancy F. Canova as a member of the Fair Housing Board for a term ending March 31, 2004, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mr. Harris moved that the report of qualification be received and filed. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith .............................................................................................................. 5. NAYS: None .......................................................................................... -0. (Council Members White and Wyatt were absent.) REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: BUDGET CIRCUIT COURT-GRANTS: A communication from the Honorable Arthur B. Crush, III, Clerk of Circuit Court, advising that the Clerk of the Circuit Court is responsible, by statute, for the recordation of legal instruments, which include Land Records, Marriage Licenses, Financing Statements, Assumed Names, Wills and other Probate Records, and Law, Chancery and Criminal Orders, and records must be maintained and made available to the public; the Optical Character Recognition System, also known as the Records Management Indexing/Scanning System, currently being used to record the above-mentioned records can no longer facilitate the volume of records being scanned; there is a need for additional, compatible equipment that will allow several operators to perform like tasks simultaneously, which equipment is available through the Supreme Court of Virginia, at a cost of $20,191.00; and funding in the amount of $20,191.00 is available from the Compensation Board of Virginia-Technology Trust Fund, was before Council. The Clerk of the Circuit Court recommended that Council authorize the City Manager to execute the requisite documents to obtain funds from the Compensation Board-Technology Trust Fund; and that the Director of Finance be authorized to establish a revenue estimate, in the amount of $20,191.00, in the Grant Fund, with appropriate funding to the following expenditure account: 9005 Furniture and Equipment (>$5,000.00) $20,191.00 8 ACTION: ACTION: A communication from the City Manager concurring in the recommendation of the Clerk of Circuit Court, was also before Council. (For full text, see communications on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#35394-061801) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 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. 35394-061801. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith .............................................................................................................. 5. NAYS: None .......................................................................................... -0. (Council Members White and Wyatt were absent.) Mr. Harris offered the following resolution: (#35395-061801) A RESOLUTION authorizing the City Manager to execute the requisite grant agreement or documents necessary to accept a grant of funds from the Compensation Board-Technology Trust Fund in order to provide an upgrade of current Optical Character Recognition System in the Clerk of Court's Office. (For full text of Resolution, see Resolution Book No. 64.) Mr. Harris moved the adoption of Resolution No. 35395-061801. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith .............................................................................................................. 5. NAYS: None ........................................................................................... 0. (Council Members White and Wyatt were absent.) 9 BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting appropriation of funds to the following school accounts for fiscal year 2001-02, was before Council. $54,630.00 as a supplemental appropriation to the fiscal year 2001-02 School General Fund budget request approved by the School Board on March 6, 2001. The funds will be transferred from the City of Roanoke to the School General Fund. The additional City funds will be used for employee salary increases. $50,000.00 for the Comprehensive School Reform Demonstration Grant to provide for the replication of successful intervention programs from other school divisions at the school. Taylor Learning Academy will implement a basic skills program which includes staff development and remedial skills instruction. This continuing program is 100 per cent reimbursed by Federal funds. $7,500.00 for the Thurman Foundation for Children Grant to support the activities for the Partners for Success Program, which is designed to encourage college preparation of eighth grade students who show academic promise but would be unlikely to consider advanced studies without intervention. This is a continuing grant. $66,485.00 as an additional appropriation to provide funds for data cabling and networking at Fairview Elementary School. Funding for this project is provided from a Literary Fund loan approved for the project. $54,260.00 as an additional appropriation to provide funds for data cabling and networking at Fishburn Park Elementary School. Funding for this project is provided from a Literary Fund loan approved for the project. A report of the Director of Finance recommending that Council concur in the request of the School Board, was also before the body. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: 10 ACTION: ACTION: (#35396-061801) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 School 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. 35396-061801. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith .............................................................................................................. 5. NAYS: None .......................................................................................... -0. (Council Members White and Wyatt were absent.) Mr. Harris offered the following emergency budget ordinance: (#35397-061801) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 School and School Capital Projects Funds Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35397-061801. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith ............................................................................................................. -5. NAYS: None ........................................................................................ ---0. (Council Members White and Wyatt were absent.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: 11 LANDMARKS/HISTORIC PRESERVATION-WATER RESOURCES: The City Manager submitted a communication advising that in 1976, the City of Roanoke approved a proposal from the Roanoke Valley Historical Society, the Roanoke Valley Bicentennial Commission, and citizen volunteers to renovate and refurbish the old Crystal Spring pumping station and its steam-powered pump as a historic preservation project and museum exhibit; the steam pump, manufactured by the Snow Pump Company of Buffalo, New York, is one of only two known steam pumps to exist today; the Crystal Spring Pumping Station served as the main water pumping plant for Crystal Spring from 1905 to 1959; and renovations to restore the building and pump were completed and for a period of several years, the pump station was open to the public as a museum exhibit. It was further advised that the History Museum and the Historical Society of Western Virginia desires to reopen the museum as an exhibit for the public; the Historical Society has offered to staff the building and, through an endowment by Mr. David H. Burrows, provide educational materials and displays; and hours of operation are expected to be weekends, 2:00 to 5:00 p.m., and by special request. The City Manager recommended that she be authorized to execute an Operating Services Agreement between the City of Roanoke and the History Museum and Historical Society of Western Virginia for a period of five years, with annual renewal options, and to take such further action as may be reasonably necessary to implement and administer the Agreement. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#35398-061801) A RESOLUTION authorizing the execution of an Agreement between the City of Roanoke, Virginia, and the History Museum and Historical Society of Western Virginia (Society) providing for the operation of the old Crystal Spring Steam Pumping Station Museum by the Society, under certain terms and conditions; and authorizing the City Manager to take such further action as is necessary to implement and administer the terms of such Agreement. (For full text of Resolution, see Resolution Book No. 64.) ACTION: Mr. Harris moved the adoption of Resolution No. 35398-061801. The motion was seconded by Mr. Carder and adopted by the following vote: 12 ACTION: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith .............................................................................................................. 5. NAYS: None .......................................................................................... -0. (Council Members White and Wyatt were absent.) BUDGET-SIGNALS AND ALARMS-TRANSPORTATION SAFETY-TRAFFIC: The City Manager submitted a communication advising that funds were established in the fiscal year 2000-01 budget, within the General Fund, for transportation projects; two projects, Airport Road Signals and Roadway Safety Improvements and Riverland Road/Bennington Street/Mount Pleasant Boulevard are in the property acquisition and design phase; and funds need to be appropriated to Capital Fund Project accounts for construction of the projects. The City Manager recommended that Council authorize the following appropriations: $40,000.00 to Capital Projects Account Airport Road Signals, Account No. 008-052-9577-9003; and $55,000.00 to Capital Projects Account Road Safety Improvements- Riverland Road/Bennington Street/Mount Pleasant Boulevard, Account No. 008-052-9606-9003. (For full text, see communication on file in the City Clerk's Office.) Mr. Carder offered the following emergency budget ordinance: (#35399-061801) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Carder moved the adoption of Ordinance No. 35399-061801. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith ............................................................................................................. -5. NAYS: None .......................................................................................... 0. (Council Members White and Wyatt were absent.) 13 POLICE DEPARTMENT-BUDGET-GRANTS- EQUIPMENT: The City Manager submitted a communication advising that the Bulletproof Vest Partnership Grant Act of 2000, enacted by the 106th United States Congress, provides funds to eligible law enforcement agencies for the purchase of bulletproof vests; the grant program is managed by the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance; on May 16, 2001, the City of Roanoke was awarded $14,515.00 to purchase new bulletproof vests, which will provide for procurement for 41 bulletproof vests; bulletproof vests are primary officer-safety equipment and all Roanoke Police sworn personnel are issued bulletproof vests; and grant funds will be used to purchase bulletproof vests in need of replacement and for issue to new police hires. The City Manager recommended that Council accept the Bulletproof Vest Partnership Grant in the amount of $14,515.00 and that the City Manager and the Chief of Police be authorized to execute any grant agreements related to such grant; that Council appropriate $14,515.00 from Bulletproof Vest Partnership grant to certain accounts to be established bythe Director of Finance, and increase revenue estimates in accounts also 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: (#35400-061801) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) ACTION: Mr. Harris moved the adoption of Ordinance No. 35400-061801. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith ............................................................................................................ -5. NAYS: None .......................................................................................... -0. (Council Members White and Wyatt were absent.) Mr. Harris offered the following resolution: (#35401-061801) A RESOLUTION authorizing the acceptance of a Bulletproof Vest Partnership Grant from the United States Department of Justice, and authorizing execution of any required documentation on behalf of the City. (For full text of Resolution, see Resolution Book No. 64.) 14 ACTION: Mr. Harris moved the adoption of Resolution No. 35401-061801. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith .............................................................................................................. 5. NAYS: None ........................................................................................... 0. (Council Members White and Wyatt were absent.) BUDGET-HUMAN DEVELOPMENT-HOUSING/AUTHORITY/GRANTS: The City Manager submitted a communication advising that ESG funds are allocated under the Stewart B. McKinney Homeless Assistance Act and must be used to provide assistance to the homeless or to those at risk of becoming homeless; Council authorized filing an ESG application through submission of the Annual Update to the Consolidated Plan to the U. S. Department of Housing and Urban Development (HUD) for fiscal year 2001-02 on May 7, 2001, pursuant to Resolution No. 35319- 050701; HUD's approval letter, granting the City access to its 2001-02 ESG entitlement of $76,000.00 is completing the routine release process and is forthcoming; and acceptance of the entitlement and appropriation of funds to certain accounts is needed to allow projects to proceed. The City Manager recommended that Council adopt a resolution accepting $76,000.00 in 2001-02 ESG funds, contingent upon receipt of a letter of approval from HUD; that the City Manager be authorizeed to execute the required Grant Agreement, Funding Approval, and other forms required by HUD in order to accept the funds; and that Council appropriate $76,000.00 entitlement to 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. Carder offered the following emergency budget ordinance: (#35402-061801) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) ACTION: Mr. Carder moved the adoption of Ordinance No. 35402-061801. The motion was seconded by Mr. Harris and adopted by the following vote: 15 ACTION: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith .............................................................................................................. 5. NAYS: None .......................................................................................... -0. (Council Members White and Wyatt were absent.) Mr. Harris offered the following resolution: (#35403-061801) A RESOLUTION accepting the Fiscal year 2001-2002 funds for the Emergency Shelter Grant Program, and authorizing the City Manager to execute the requisite Grant Agreement with the United States Department of Housing and Urban Development (HUD). (For full text of Resolution, see Resolution Book No. 64.) Mr. Harris moved the adoption of'Resolution No. 35403-061801. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith .............................................................................................................. 5. NAYS: None ........................................................................................... 0. (Council Members White and Wyatt were absent.) BUDGET-HOUSING/AUTHORITY-GRANTS: The City Manager submitted a communication advising that HOME is a housing assistance program of the U. S. Department of Housing and Urban Development (HUD); the City has received a HOME entitlement grant each year since fiscal year 1992 and must reapply annually to HUD to receive funds; and on May 7, 2001, Council authorized filing the 2001-2002 HOME application as a part of approving the submission of the Annual Update to the Consolidated Plan to HUD. It was further advised that HUD's approval letter, granting the City access to its 2001-2002 HOME entitlement of $753,000.00 is completing the routine release process and is forthcoming; acceptance of funds and appropriation to certain accounts is needed to permit projects to proceed; $41,397.00 which were unexpended from earlier HOME accounts needs to be transferred; and acceptance of the 2001-2002 entitlement requires a local match of $87,875.00, however, no outlays of City funds will be needed to meet the requirement. 16 The City Manager recommended that Council adopt a resolution accepting $753,000.00 in 2001-2002 HOME funds, contingent upon receipt of an approval letter from HUD; that the City Manager be authorized to execute the required Grant Agreement, Funding Approval, and any other documents required by HUD in order to accept the funds; that Council appropriate $753,000.00 to revenue and expenditure accounts in the Grant Fund to be established by the Director of Finance; and transfer $41,397.00 in HOME accounts from prior years to projects included in the 2001-2002 HOME program. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#35404-061801) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) ACTION: Mr. Harris moved the adoption of Ordinance No. 35404-061801. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith .......................................................................................................... -5. NAYS: None .......................................................................................... -0. (Council Members White and Wyatt were absent.) Mr. Harris offered the following resolution: (#35405-061801) A RESOLUTION accepting the Fiscal Year 2001-2002 funds for the HOME Investment Partnerships (HOME) Program, and authorizing the proper City officials to execute the requisite Grant Agreement with the United States Department of Housing and Urban Development (HUD). (For full text of Resolution, see Resolution Book No. 64.) ACTION: Mr. Harris moved the adoption of Resolution No. 35405-061801. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith ............................................................................................................ -5. NAYS: None .......................................................................................... -0. (Council Members White and Wyatt were absent.) 17 BUDGET-COMMUNITY PLANNING-GRANTS: The City Manager submitted a communication advising that Community Development Block Grant is a program of the U. S. Department of Housing and Urban Development (HUD) which offers assistance to the community in many ways; the City has received CDBG entitlement grants each year since inception of the program in 1974 and must submit an action plan annually to HUD to receive funding; and on May 7, 2001, pursuant to Resolution No. 35319-050701, Council authorized filing the 2001-2002 CDBG application through submission of the Annual Update of the Consolidated Plan to the U. S. Department of Housing and Urban Development for fiscal year 2001-2002. It was further advised that HUD's routine release process is underway, and a HUD approval letter is forthcoming granting the City access to its 2001-2002 CDBG entitlement of $2,239,000.00; in addition, $655,000.00 which was unexpended from prior year accounts and $170,704.00 in anticipated program income are also included in the appropriation for fiscal year 2001-2002 programs; and acceptance of the entitlement and appropriation of funds to certain accounts is needed to allow projects to proceed. The City Manager recommended that Council take the following actions: Adopt a resolution accepting the $2,239,000.00 in 2001- 2002 CDBG funds, contingent upon receipt of the approval letter from HUD. Authorize the City Manager to execute the required Grant Agreement, Funding Approval, and other forms required by HUD in order to accept the funds. Appropriate $2,239,000.00 entitlement, and $170,704.00 in anticipated program income to revenue and expenditure accounts in the Grant Fund to be established by the Director of Finance; and Transfer $655,000.00 in CDBG accounts from prior years to projects included in the 2001-2002 CDBG program. (For full text, see communication on file in the City Clerk's Office.) ACTION: Mr. Hudson moved that the following ordinance be placed upon its first reading. (#35406-061801) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Grant Fund Appropriations. (For full text of Ordinance, see Ordinance Book No. 64.) 18 ACTION: The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, and Mayor Smith .............. -4. NAYS: None .......................................................................................... -0. In as much as his wife is employed by the YMCA and the measure involves appropriation of Federal funds to the organization, Mr. Bestpitch stated that the City Attorney has rendered the opinion that he must abstain from voting on the above referenced measure. (Council Members White and Wyatt were absent.) Mr. Carder offered the following resolution: (#35407-061801) A RESOLUTION accepting the Fiscal Year 2001-2002 funds for the Community Development Block Grant program, and authorizing the City Manager to execute the requisite Grant Agreement with the United States Department of Housing and Urban Development (HUD). (For full text of Resolution, see Resolution Book No. 64.) ACTION: Mr. Carder moved the adoption of Resolution No. 35407-061801. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, and Mayor Smith ............ -4. NAYS: None .......................................................................................... -0. (Council Member Bestpitch abstained from voting.) (Council Members White and Wyatt were absent.) BUDGET-HOUSING/AUTHORITY-COMMUNITY PLANNING-GRANTS: The City Manager submitted a communication advising that each year, the City submits a Consolidated Plan Annual Update (Annual Update) to the U. S. Department of Housing and Urban Development (HUD), in order to receive Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) entitlements; the Annual Update describes the individual programs to be conducted with funds awarded to the City; and substantial amendments to the Annual Update require a 30-day public comment period before a change can be implemented. 19 ACTION: It was further advised that additional funding is needed to increase the amount of rehabilitation of substandard housing that might otherwise be demolished; a decrease in funds appropriated in the demolition project by $75,000.00 will allow for the re-creation of two new projects: Code Enforcement/Rental Support and Residential and Code Enforcement/ Rental Support - Rental; the amendment will establish $37,500.00 in each of the two projects; and inclusion of Code Enforcement/Rental Support allows for continuation of a program that assists with the elimination of slums and blighted conditions, as well as increases the number of safe, decent, affordable housing for Iow-income citizens. The City Manager recommended that she be authorized to amend the 2000- 2001 Consolidated Plan Annual Update, including the submission of necessary documents to HUD to reflect a decrease in funding of the Demolition project and include Code Enforcement/Rental Support Residential and Code Enforcement/Rental Support - Rental Programs, following the public review and comment period, provided no compelling adverse public comments are received; and that Council authorize transfer of $75,000.00 from Account No. 035-G01-0120- 5108 ($4,000.00) and Account No. 035-G00-0020-5108 ($71,000.00) to accounts to be established by the Director of Finance for Code Enforcement/Rental Support - Residential, in the amount of $37,500.00, and Code Enforcement/Rental Support - Rental, in the amount of $37,500.00. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#35408-061801) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 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. 35408-061801. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith .............................................................................................................. 5. NAYS: None ......................................................................................... -0. (Council Members White and Wyatt were absent.) Mr. Carder offered the following resolution: 20 ACTION: (#35409-061801) A RESOLUTION authorizing the City Manager to amend the Annual Update to the Consolidated Plan for FY 2000-2001, including the submission of necessary documents to the U. S. Department of Housing and Urban Development (HUD). (For full text of Resolution, see Resolution Book No. 64.) Mr. Carder moved the adoption of Resolution No. 35409-061801. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith .............................................................................................................. 5. NAYS: None .......................................................................................... -0. (Council Members White and Wyatt were absent.) BONDS/BOND ISSUES-WATER RESOURCES:: The City Manager submitted a communication advising that the City of Roanoke was notified by the Commonwealth of Virginia Department of Health on May 2, 2000, that due to possible surface water influence, Crystal Spring could not be used as a water supply until the water was treated for potential surface contaminants which has caused a loss of three to four million gallons of water per day in the potable water supply of the City of Roanoke. It was further advised that a preliminary engineering study determined the most feasible method to treat Crystal Spring water was a membrane filtration system; the project consultant, Wiley & Wilson, Inc., has requested additional compensation to moniter pilot testing of the membrane filtration equipment, and design of approximately 4,100 square feet of office space within the proposed water plant building office space will permit approximately 15 Utility Department personnel currently working at other multiple locations to be housed in one facility; and the proposed additional work will add $63,000.00 to the base contract of $500,000.00. The City Manager recommended that she be authorized to execute Amendment No. 2 to the contract with Wiley & Wilson, Inc., in the amount of $63,000.00 for additional design services for the Crystal Spring Water Treatment Plant; that Council appropriate $20,000.00 from Water Fund Prior Year Retained Earnings to be transferred to Account No. 002-510-8395, Crystal Spring Filter Plant; and that Council adopt a resolution indicating the City's intent to reimburse itself from the proceeds of Series 2002 General Obligation bonds to be issued in the future. (For full text, see communication on file in the City Clerk's Office.) 21 ACTION: ACTION: Mr. Hudson offered the following emergency budget ordinance: (#35410-061801) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General 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. 35410-061801. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith ............................................................................................................. 5. NAYS: None .......................................................................................... -0. (Council Members White and Wyatt were absent.) Mr. Carder offered the following resolution: (#35411-061801) A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds for certain monies to be appropriated by the City for expenditures in connection with Amendment No. 2 to the Crystal Spring Water Treatment Plant Project; and providing for an effective date. (For full text of Resolution, see Resolution Book No. 64.) Mr. Carder moved the adoption of Resolution No. 35411-061801. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith ............................................................................................................. 5. NAYS: None .......................................................................................... -0. (Council Members White and Wyatt were absent.) Mr. Carder offered the following resolution: 22 ACTION: (#35412-061801) A RESOLUTION authorizing the City Manager's issuance of Amendment No. 2 to the City's contract with Wiley & Wilson, Inc., to monitor the pilot testing of the membrane filtration equipment and the design o.f approximately 4,100 square feet of office space within the proposed water plant building for the Crystal Spring Water Treatment Plant Project. (For full text of Resolution, see Resolution Book No. 64.) Mr. Carder moved the adoption of Resolution No. 35412-061801. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith .............................................................................................................. 5. NAYS: None .......................................................................................... -0. (Council Members White and Wyatt were absent.) CITY CODE-TAXES-ENTERPRISE ZONE: The City Manager submitted a communication advising that on July 1,1996, Council adopted Ordinance No. 33019- 070196, which approved, adopted and established certain local incentives for the area designated as Enterprise Zone Two in the City and provided an effective date for the applicability of said incentives; on July 19, 1999, Council adopted Ordinance No. 34412-071999, which provided that certain local incentives available in Enterprise Zone Two would also be available within Enterprise Zone One, subject to approval by the Virginia Department of Housing and Community Development (DHCD); such local incentives included a tax exemption of certain rehabilitated or renovated commercial or industrial real property, however, local incentives were scheduled to end on June 30, 2001, unless extended by Council; DHCD has approved the application of local incentives to Enterprise Zone One; Chapter 32, Article II, Division 5A, of the Code of the City of Roanoke (1979), as amended, needs to be amended to make tax exemption available to real property within Enterprise Zone One; and the availability of local incentives, including tax exemption, for both Enterprise Zones One and Two need to be extended from June 30, 2001 to December 31, 2003. It was further advised that in order to make tax exemption available for certain real property within Enterprise Zone One and to extend the availability of tax exemption in both Enterprise Zones One and Two, the above referenced portion of the City Code needs to be amended to continue economic incentives within both Enterprise Zones, in order to attract and/or retain businesses within the two Enterprise Zones; DHCD requires that localities offer local incentives to supplement incentives offered by the State for enterprise zones, or risk the possibility of losing 23 the designation of an enterprise zone; the City has done so with local incentives offered within Enterprise Zone Two when it was created in January, 1996, and by making applicable local incentives from Enterprise Zone Two available within Enterprise Zone One by the July 19, 1999, above referenced ordinance, those incentives are scheduled to expire on June 30, 2001, and need to be extended to December 31, 2003; and the December 31, 2003, date was selected since it is the date that designation for Enterprise Zone One will expire or need to be extended and any further action can take place at that time in connection with extension as the State may grant. The City Manager recommended that Council amend Division 5A, Exemption of Certain Rehabilitated or Renovated Commercial or Real Property Located in Enterprise Zone Two, of Article II, Real Estate Taxes Generally, of Chapter 32, Taxation., of the Code of the City of Roanoke (1979), as amended, by amending the title of Division 5A. and 1'132-101.1, Generally, rl32-101.3, Eligibility of Commercial or Industrial Real Property, and 1'132-101.5, Application, to allow real property located in the City's Enterprise Zone One to be included within Division 5A., and qualify for tax exemptions provided for by Division 5A; and to extend the applicable time period to December 31,2003; and amend Ordinance No. 33019-070196, adopted by Council on July 19, 1996, which established certain local incentives for Enterprise Zone Two and Ordinance No. 34412-071999, adopted by Council on July 19, 1999, which made such local incentives apply to the Cityl'ls Enterprise Zone One, by modifying both to provide that such local incentives for Enterprise Zones One and Two shall be applicable through December 31,2003, and authorizing the City Manager to apply to the Virginia Department of Housing and Community Development for approval of such amendments and/or to take such further action as may be necessary to obtain or confirm said amendments. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris offered the following emergency ordinance: (#35413-061801) AN ORDINANCE amending and reordaining Division 5A, Exemption of Certain Rehabilitated or Renovated Commercial or Industrial Real Property Located in Enterprise Zone Two, of Article II, Real Estate Taxes Generally, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, by amending the title of Division 5A. and [J32-101.1, Generally, rl32-101.3, Eli._qibility of Commercial or Industrial Real Property, and FI32-101.5, Application, to allow real property located in the Cityl'ls Enterprise Zone One to be included within Division 5A., and qualify for tax exemptions provided for by Division 5A.; and to extend the applicable time period to December 31, 2003; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) 24 ACTION: ACTION: Mr. Harris moved the adoption of Ordinance No. 35413-061801. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith ............................................................................................................. 5. NAYS: None ........................................................................................... 0. (Council Members White and Wyatt were absent.) Mr. Harris offered the following emergency ordinance: (#35414-061801) AN ORDINANCE amending Ordinance No. 33019-070196, adopted by City Council on July 1, 1996, which established certain local incentives for the area designated as Enterprise Zone Two in the City, by modifying it to provide that such local incentives be applicable for the period of July 1, 1996, through December 31,2003; amending Ordinance No. 34412-071999, which made the above mentioned local incentives apply to the City's Enterprise Zone One as of July 19, 1999, by modifying it to provide that such local incentives for Enterprise Zone One shall be applicable for the period of July 19, 1999, through December 31, 2003; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development (DHCD) for the approval of the above amendments and/or to take such further action as may be necessary to obtain or confirm those amendments; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35414-061801. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith ............................................................................................................ 5. NAYS: None .......................................................................................... -0. (Council Members White and Wyatt were absent.) BONDS/BOND ISSUES-BUDGET-CAPITAL IMPROVEMENTS PROGRAM: The City Manager submitted a communication advising that at Council's Financial Planning Session on March 10,2001, staff briefed Council on the status of various capital projects; based on the results of the Financial Planning Session, a separate document has been provided in the form of an update to the City's Capital Improvement Program (ClP) for Fiscal Years 2002-2006; the ClP update reflects the 25 current status of projects valued at $116,682,311.00 that require Council's approval and/or funding; based on funding previously allocated to the projects, $98,165,000.00 in additional funding is required; and not included in the ClP update document is additional funding of $2,362,930.00, which is needed to complete projects previously approved by Council; a total of $100,527,930.00 in funding is required to continue implementation of the new and previously approved ClP projects; and recommended sources of funding are as follows: General Obligation Bond Issue during fiscal year 2002 Future General Obligation Bond Issue Sale of Property Water and Sewer Fund Retained Earnings Transfers to Capital Projects Undesignated Capital Funds Capital Fund Interest Earnings $56,245,000.00 36,870,000.00 202,500.00 797,500.00 1,945,000.00 323,631.00 4,144,299.00 Total $100,527,930.00 The City Manager recommended that Council approve the following list of new Capital Projects requiring additional funding of $72,165,000.00. Art Museum/IMAX Theater Crystal Spring Water Filtration Plant Curb, Gutter and Sidewalk Program Fire/EMS Facility Improvements Greenways (Roanoke River Greenway) High School Facility Improvements (Patrick Henry) Neighborhood Storm Drain Program New Police Building - Phase II Parks Master Plan - Phase II Roanoke Academy for Math and Science Roanoke Passenger Station Victory Stadium YMCA Aquatic Center $3,700,000.00 5,445,000.00 5,000,000.00 800,000.00 1,000,000.00 17,500,000.00 2,000,000.00 6,670,000.00 7,000,000.00 4,600,000.00 1,250,000.00 16,200,000.00' 1,000,000.00 Total $72,165,000.00 *The total project cost is $18 million -$1,800,000.00 in funding and funding has been designated for the project, leaving a funding balance request of $16,200,000.00. 26 Authorize the City Clerk to advertise a public hearing on July 16, 2001, or at such other time as the City Manager may deem appropriate, to be held for the purpose of receiving input on the issuance of $31,245,000.00 in General Obligation Bonds under the Public Finance Act, Section 15.2-2600 et. seq., Code of Virginia (1950), as amended, for the following projects: Crystal Spring Water Filtration Plant Curb, Gutter and Sidewalk Program Roanoke Academy for Math and Science Victory Stadium $ 5,445,000.00 5,000,000.00 4,600,000.00 16,200,000.00 Bond funds will supplement $25,000,000.00 in General Obligation Bonds previously authorized by Council for the following projects: Civic Center Renovations Greater Gainsboro/Downtown North Improvements (Shenandoah Parking Garage) Roanoke River Flood Reduction Project South Jefferson Redevelopment Project $ 3,000,000.00 2,500,000.00 7,500,000.00 12,000,000.00 The total bond issue during Fiscal Year 2001-02 will be $56,245,000.00. Concur in the need for a future bond sale for $36,870,000.00 to fund the following projects: Art MuseumllMAX Theater High School Facility Improvements Neighborhood Storm Drain Program New Police Building - Phase II Parks Master Plan - Phase II 3,700,000.00 17,500,000.00 2,000,000.00 6,670,000.00 7,000,000.00 Appropriate $1,200,000.00 in capital fund interest earnings into accounts established by the Director of Finance to the following new projects: Fire/EMS Facility Improvement Program Roanoke River Greenway YMCA Aquatic Center 800,000.00 200,000.00 200,000.00 27 ACTION: Appropriate $2,362,930.00 to the respective capital project accounts established by the Director of Finance to the following projects previously approved by Council: $900,000.00 in the fiscal year 2000-01 Transfers to Capital Projects Account for the Victory Stadium project; $235,000.00 in the fiscal year 2001-02 Transfers to Capital Projects Account for Victory Stadium; $252,677.00 in Undesignated Capital Funds to the Railside LinearWalk project; $94,299.00 in Capital Fund Interest Earnings to the Railside Linear Walk project; $13,500.00 in Undesignated Capital Funds to the Warehouse Row Buildings project; $57,454.00 in Undesignated Capital Funds to the Buildings category in the Capital Improvement Reserve; $500,000.00 in the fiscal year 2001-02 Transfers to Capital Projects Account for the Curb, Gutter and Sidewalk project; and $310,000.00 in the fiscal year 2001-02 Transfers to Capital Projects Account for the Walnut Avenue Bridge project. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#35415-061801) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35415-061801. The motion was seconded by Mr. Hudson and adopted by the following vote: 28 ACTION: ACTION: ACTION: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith .............................................................................................................. 5. NAYS: None .......................................................................................... -0. Mr. Bestpitch advised that his wife is employed by the YMCA and although the Capital Improvement Program includes funds for the YMCA, the City Attorney has rendered the opinion that he is not required to abstain from voting on the above referenced measure; however, in the interest of full disclosure, he would like for the record to reflect that his wife is an employee of the YMCA where she receives compensation in excess of $10, 000.00 per annum. (Council Members White and Wyatt were absent.) Mr. Harris offered the following resolution: (#35416-061801) A RESOLUTION endorsing the update to the Capital Improvement Program submitted by the City Manager and Director of Finance by report of June 18, 2001. (For full text of Resolution, see Resolution Book No. 64.) Mr. Harris moved the adoption of Resolution No. 35416-061801. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith ............................................................................................................. 5. NAYS: None .......................................................................................... -0. (Council Members White and Wyatt were absent.) Mr. Hudson moved that the City Clerk be authorized to advertize a public hearing for Monday, July 16, 2001, at 7:00 p.m. or as soon thereafter as the matter may be heard, in the City Council Chamber, to receive citizen input regarding issuance of $31,245,000.00 in General Obligation Bonds under the Public Finance Act. The motion was seconded by Mr. Harris and adopted. Mr. Harris moved that Council concur in the need for a future bond sale in the amount of $36,870,000.00. The motion was seconded by Mr. Hudson and adopted. 29 ACTION: BUDGET-PARKS AND RECREATION-CMERP: The City Manager submitted a communication advising that on October 2, 2000, Council concurred in funding recommendations for the fiscal year 2000- 01 Capital Maintenance and Equipment Replacement Program (CMERP); CMERP is used to fund equipment purchases, maintenance and other one-time priority purchases; Council's approval is required for appropriation of funds from CMERP to various accounts to allow for replacement of various substandard and deteriorated park furnishings as needed to meet citizen requests for improved services to the community; and all acquisitions will be accomplished in accordance with the City's Procurement Policies, pursuant to Chapter 23.1, Code of the City of Roanoke, (1979), as amended. (For full text, see communication on file in the City Clerk's Office.) The City Manager recommended that Council approve appropriation of $127,000.00 to the following departmental accounts: $112,330.00 to Parks and Grounds Maintenance Account No. 001-620- 4340-9015. $14,670.00 to Parks and Grounds Maintenance Account No. 001-620- 4340-2035. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#35417-061801) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General 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. 35417-061801. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith ............................................................................................................. 5. NAYS: None .......................................................................................... -0. (Council Members White and Wyatt were absent.) 30 ACTION: BUDGET-HOUSING/AUTHORITY-YOUTH-GRANTS: The City Manager submitted a communication advising that the City of Roanoke continues to provide wholesome activity for the nutritional needs of children and youth during the summer months through the Office on Youth supervised Summer Nutrition Program; funds for the program, now in its eighth year, are provided through the United States Department of Agriculture Food and Nutrition Service; the program is similar in concept to the National School Lunch Program with eligibility requirements much like those used to determine eligibility for free or reduced priced meals during the school year; the purpose of the program is to provide nutritionally balanced healthy meals to children ages one through eighteen; adult summer staff manage the program and youth are hired to assist at the feeding locations, with the City reimbursed on a per meal basis; and local cash match, in the amount of $15,000.00, was appropriated in the fiscal year 2001- 02 General Fund budget in Human Services Support, Account No. 001-630-1270-2010. The City Manager recommended that she be authorized to accept the Federal funds in the amount of $151,193.00 from the United States Department of Agriculture Food and Nutrition Service; that Council decrease fiscal year 2001-02 Human Services Support, Account No. 001-630-1270-2010 by $15,000.00 and increase fiscal year 2001-02 budget estimate for Transfer to Grant Fund, Account No. 001-250-9310- 9535 by $15,000.00; transfer $15,000.00 local cash match to the grant fund; and authorize the Director of Finance to establish a revenue estimate, in the amount of $166,193.00, and appropriate funds to expenditure accounts. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#35418-061801) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General Fund and 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. 35418-061801. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith ......................................................................................................... -5. NAYS: None .......................................................................................... -0. 31 ACTION: Mr. Bestpitch advised that one of the feeding sites in the Summer Food Service Program is the YMCA Family Center, and his wife is employed by the YMCA; however, the City Attorney has rendered the opinion that he is not required to abstain from voting on the above referenced measure; however, in the interest of full disclosure, Mr. Bestpitch requested that the record reflect that his wife is employed by the YMCA where she is compensated in excess of $10,000.00 per annum. (Council Members White and Wyatt were absent.) Mr. Harris offered the following resolution: (#35419-061801) A RESOLUTION authorizing acceptance of reimbursement from the United States Department of Agriculture Food and Nutrition Service on behalf of the City for program costs for the implementation of the summer program, 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. Harris moved the adoption of Resolution No. 35419-061801. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith ............................................................................................................ 5. NAYS: None ......................................................................................... -0. (Council Members White and Wyatt were absent.) BUDGET-CULTURAL SERVICES COMMITTEE: The City Manager submitted a communication advising that the Cultural Services Committee budget, in the amount of $283,443.00, was established by Council with adoption of the General Fund budget for fiscal year 2001-02; requests from 17 agencies, totaling $658,656.00 were received; appeals of committee recommendations, as provided by policy of the Cultural Services Committee, were received after notification to each agency of its tentative recommended allocation; one appeal was filed and heard on May 22, 2001, from the Harrison Museum of African American Culture; and the Cultural Services Committee voted to allocate $22,479.00 to the Harrison Museum, while also supporting the request to receive additional funds for operational support through a source other than the Cultural Services Committee. 32 ACTION: The City Manager recommended that Council transfer $283,443.00 from the Cultural Services Committee, Account No. 001-310-5221-3700, to certain new line items to be established within the Cultural Services Committee budget by the Director of Finance for fiscal year 2001-02. (For full text, see communication on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#35420-061801) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General 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. 35420-061801. The motion was seconded by Mr. Harris. Aletha Bolden, Executive Director, Harrison Museum of African-American Culture, 523 Harrison Avenue, N. W., expressed appreciation to the City of Roanoke for its past financial support of the Harrison Museum through Cultural Services Committee allocations, which support has been geared toward programs and not operational needs. She stated that since its inception, the Harrison Museum of African-American Culture has been a strong hold in the community and is recognized throughout the country as an important institution for the preservation of African-American culture; allocations through the Cultural Services Committee have aided in the programming needs of the Harrison Museum; however, recent State funding cuts have had a devastating effect on the Harrison Museum by causing certain programs and art venues to be canceled, and the Museum has recently been forced to reduce the hours of operation in which it is open to the public. She advised that the Harrison Museum Board of Directors is committed and dedicated to the Museum's strategic plan which includes funding community outreach and marketing of the Museum; and strong support is needed from the City of Roanoke to enable the Harrison Museum to continue to exist. She pointed out since the Museum is located off of the beaten path, the formation of partnerships with other arts and cultural organizations has been an important and valuable part of the program, and the Harrison Museum and other arts and cultural organizations of the Roanoke Valley are part of a master plan initiated by the Arts Council of the Blue Ridge, the purpose of which is to emphasize the importance of the arts and culture to the region by documenting the impact of arts and cultural organizations 33 on the Roanoke Valley's quality of life and economic vitality. She stated that the Harrison Museum's audience is primarily drawn from the City of Roanoke and the Museum's limited staff aspires to meet the artistic needs of all residents of the Roanoke Valley; however, programs and art exhibits over the last two years have decreased dramatically due to the lack of funding. She requested that the City of Roanoke recognize the importance of the Harrison Museum by supporting the recommendation of the Cultural Services Committee that the Harrison Museum of African American Culture receive additional funds in the amount of $75,000.00, for operational support through another source of funding other than the Cultural Services Committee. Ordinance No. 35420-061801 was adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith ............................................................................................................. 5. NAYS: None ......................................................................................... 0. (Council Members White and Wyatt were absent.) WATER RESOURCES: The City Manager submitted a communication with regard to bids received by the City for water and wastewater treatment chemicals for Water and Water Pollution Control divisions, to allow for purchase of necessary chemicals to operate the facilities. The City Manager recommended that Council authorize acceptance of the lowest responsible bids as follows, reject all other bids received by the City, and authorize the Manager of the Purchasing Department to issue the necessary purchase orders. Description Successful Bidder Total Estimated Cost Liquid Alum General Chemical Corp. $ 70,466.00 Liquid Chlorine 150 lb. cylinders JCl Jones Chemicals, Inc. $ 8,670.00 Liquid Chlorine 2,000 lb. cylinders JCl Jones Chemicals, Inc. $ 28,920.00 Sodium Hydroxide Carvins Cove GFI Chemicals LP $ 112,787.00 Sodium Hydroxide Falling Creek JCl Jones Chemicals, Inc. $ 7,400.00 34 ACTION: Orthophosphate Polymer Praestol 186 KH Liquid Chlorine 2,000 lb. cylinders Ferric Chloride Sulfur Dioxide Catonic Polymer Shannon Chemical Corp. Control Equipment Co., Inc. $ 34,720.00 $ 49,764.0O JCl Jones Chemicals, Inc. $ 33,740.00 Eaglebrook, Inc. JCl Jones Chemicals, Inc. Ciba Specialty Chemicals Corp. $ 128,800.00 $ 51,800.00 $ 43,4O0.OO (For full text, see communication on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#35421-061801) A RESOLUTION accepting the bids for water and wastewater treatment chemicals for fiscal year 2001-2002, and rejecting all other bids. (For full text of Resolution, see Resolution Book No. 64.) Mr. Harris moved the adoption of Resolution No. 35421-061801. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith .............................................................................................................. 5. NAYS: None .......................................................................................... -0. (Council Members White and Wyatt were absent.) WATER RESOURCES-EQUIPMENT: The City Manager submitted a communication with regard to bids received by the City for ductile iron water pipe; whereupon, she recommended that Council accept the Iow bid submitted by U. S. Filter Distribution Group, Inc. for a period of one year, on a unit cost basis as set forth in bid documents, not anticipated to exceed $163,719.00 and reject all other bids received by the City, and authorize the Manager of the Purchasing Department to issue purchase orders. (For full text, see communication on file in the City Clerk's Office.) 35 ACTION: Mr. Harris offered the following resolution: (#35422-061801) A RESOLUTION accepting the bid of U. S. Filter Distribution Group, Inc., made to the City for furnishing and delivering ductile iron water pipe; and rejecting all other bids made to the City. (For full text of Resolution, see Resolution Book No. 64.) Mr. Harris moved the adoption of Resolution No. 35422-061801. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith .............................................................................................................. 5. NAYS: None ........................................................................................... 0. (Council Members White and Wyatt were absent.) CITY CODE-SEWERS AND STORM DRAINS: The City Manager submitted a communication advising that the United States Environmental Protection Agency (U. S. EPA) regulations require that a scientific study and evaluation of the local limits section of sewer use ordinances/standards be conducted every five years; requirements set forth specific criteria for evaluation of the quality of raw sewage and numerous considerations regarding plant performance in order to quantify permissible loading rates for specific pollutants; computer analysis, using an approved EPA modeling program, of collected data is performed in order to generate modifications to current sewer use limits; in accordance with regulations, the required study was completed by the Water Pollution Control Plant, and results of the study require that revisions be made to the quantity of various metals and other parameters specifically regulated by the local limits sections of the Sewer Use Standards; the revisions were calculated and submitted for approval to the Virginia Department of Environmental Quality (DEQ) and the EPA, and both agencies have issued approval of the required revisions; in addition to the required changes, additional work was completed to clarify and/or simplify certain language in that portion of the City Code; and the body of work and the subsequent revisions are necessary to maintain compliance with the current Virginia Pollution Discharge Elimination System (VPDES) permit for the Water Pollution Control Plant. It was further advised that the approval process for the State DEQ included a public advertisement and public comment period regarding the proposed changes, and Water Pollution Control Plant staff have directly communicated the changes to businesses and industries permitted for industrial discharge to the treatment plant; no significant comments were received in relation to either of the activities, 36 ACTION: inasmuch as there has been a good understanding that the revisions are required by Federal regulations; and the changes do not present any budgetary concerns or considerations. The City Manager recommended that Council adopt revisions to the Sewer Use Standards, Chapter 26, Article III, Code of the City of Roanoke (1979), as amended. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris offered the following emergency ordinance: (#35423-061801) AN ORDINANCE amending and reordaining Chapter 26, Sewers and Sewage Disposal, Article III. Sewer Use Standards, Code of the City of Roanoke (1979), as amended, by amending certain subsections of 1126-43, Definitions, 1126-45, Prohibited discharges ~enerally, 1126-46, Discharge of heavy metals and toxic materials, 1126-51, Discharge of substances capable of imr)airinq. etc., facilities, and 1'126-56, Discharge permits for industrial waste, with regard to the quantity of various metals and other parameters specifically regulated by this Code in order to comply with regulations of the United States Environmental Protection Agency (EPA), which proposed amendments have been approved by both the EPA and the Virginia Department of Environmental Quality (DEQ); and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35423-061801. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith ............................................................................................................. 5. NAYS: None .......................................................................................... -0. (Council Members White and Wyatt were absent.) BONDS/BOND ISSUES-BUDGET-STREETS AND ALLEYS: The City Manager and the Director of Finance submitted a written report advising that on April 16, 2001, Council adopted Resolution No. 35293-041601 which authorized the City to issue general obligation bonds in the year 2002 in the principal amount of $12 million, pursuant to the Public Finance Act of 1991 (Code of Virginia), for the purpose of assisting the Roanoke Redevelopment and Housing Authority in paying a portion of the costs of a redevelopment project in the City known as the South 37 ACTION: Jefferson Redevelopment Project; funding in the amount of $4 million has been requested by the Housing Authority and will be used for property acquisition, relocation of existing businesses, environmental remediation, and demolition; and funds will be provided through General Obligation Bonds to be issued in during the winter season of 2002 as the Series 2002 bond issue. The City Manager and the Director of Finance recommended appropriation of $4 million from the sale of Series 2002 general obligation bonds to the South Jefferson Project, Account No. 008-052-9633. (For full text, see report on file in the City Clerk's Office.) Mr. Carder offered the following emergency budget ordinance: (#35424-061801) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Carder moved the adoption of Ordinance No. 35424-061801. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith .............................................................................................................. 5. NAYS: None .......................................................................................... -0. (Council Members White and Wyatt were absent.) CITY ATTORNEY: CITY CODE: The City Attorney submitted a written report advising that since 1982, Council has reenacted and recodified the City Code on an annual basis in order to properly incorporate in the Code amendments made by the General Assembly at the previous Session to State statutes that are incorporated by reference in the City Code, which ensures that ordinances codified in the City's Code incorporate the most recent amendments to State law. The City Attorney recommended that Council adopt an ordinance to readopt and reenact the Code of the City of Roanoke (1979), advising that if the ordinance is not adopted, City Code sections incorporating provisions of the State Code amended 38 ACTION: at the last Session of the General Assembly may not be deemed to include the recent amendments and may be impermissibly inconsistent which could result in the dismissal of criminal prosecutions under these City Code sections. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency ordinance: (#35425-061801) AN ORDINANCE to readopt and reenact the Code of the City of Roanoke (1979), as amended; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35425-061801. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith ............................................................................................................ 5. NAYS: None .......................................................................................... -0. (Council Members White and Wyatt were absent.) DIRECTOR OF FINANCE: BUDGET-RISK MANAGEMENT: The City Manager and the Director of Finance submitted a joint written report advising that the City accounts for all self-insured liabilities in its Risk Management Internal Service Fund; the Fund has incurred costs in excess of budget during fiscal year 2001, and has also billed user funds and departments at amounts exceeding the original revenue estimates to recover costs; and to properly balance the budget to actual accounting for the year, the following budgetary adjustments are recommended: Expenditure Accounts: Environmental Management Regular Employee Salaries (Account No. 019-310-1214-1002) An increase of $8,000.00 is needed because the position budgeted was at a lower pay grade than actually utilized. The related benefit accounts also require adjustment as follows: 39 Environmental Management City Retirement (Account No. 019-310-1214-1105) Increase $1,500.00; and Environmental Management FICA (Account No. 019-310-1214-1120) Increase $2,000.00 Risk Management Fees For Professional Services (Account No. 019.420-1262-2010) An increase of $12,000.00 is needed to provide funding for professional fees paid for a consultant study of utilizing a third party for workers' compensation. A report will be presented at the July 2, 2001 City Council meeting regarding a recommendation to contract for these services. Risk Management Self Insured Auto Liability Claims (Account No. 019.420-1262-2173) An increase of $20,000.00 is needed due to claims in the fiscal year which exceeded the original estimate of $69,000.00. Fluctuation occurs from year to year in the level of such expenses based upon the City's experience. Risk Management Miscellaneous Claims (Account No. 019.420-1262- 2172) An increase of $80,000.00 is needed due to the unusually high level of claims paid for water main breaks during the cold winter season. Risk Management Workers' Comp Medical Expenses (Account No. 019- 420-1262-2181) An increase of $250,000.00 is needed due to a higher than typical level of medical claims paid. This is due to several fairly severe medical conditions which have resulted in costly medical expenses. Revenues: Risk Management Billings to General Fund (Account No. 019-110-1234- 0952) An increase of $3,500.00 is needed due to increased fund billings resulting from higher expenses than originally anticipated. 40 ACTION: Risk Management Billings to Water Fund (Account No. 019-110-1234- 0953) An increase of $120,000.00 is needed due to the additional billings made to the fund for water main breaks incurred during the year. Other expense increases also necessitated a higher billing. Funding is available in the water fund operating accounts to provide for higher billings. Risk Management Workers' Comp Billin~ls - Medical (Account No. -110- 1234-1171) An increase of $250,000.00 is needed in the revenue account to correspond to the increased expense budget previously cited. Billings are made to all funds of the City, the largest being made to the General Fund. Additional funding of $212,000.00 was allocated from unused FICA to cover General Fund workers comp expenditures. Other funds can absorb additional workers comp costs through operating accounts. The City Manager and the Director of Finance recommended adjustments in the Risk Management Internal Service Fund. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#35426-061801) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Risk Management 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. 35426-061801. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith ............................................................................................................. 5. NAYS: None ........................................................................................... 0. (Council Members White and Wyatt were absent.) 41 POLICE DEPARTMENT-BUDGET-TRANSPORTATION FUND: The Director of Finance submitted a written report advising that the annual Transportation Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2001, and ending June 30, 2002, with revenues totaling $1,970,217.00 and expenditures totaling $2,043,043.00, was adopted by Council on May 7, 2001, pursuant to by Ordinance No. 35334-050701; the Transportation Fund revenues fund expenses, less depreciation, plus principal reduction on indebtedness; and appropriation of $73,200.00 for the purchase of an automated parking ticket system was omitted from the Transportation Fund Appropriation Ordinance. The Director of Finance recommended that Council appropriate $73,200.00 to the 2001-2002 Transportation Fund budget, to provide funds for an automated parking ticket system. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#35427-061801) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Transportation Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) ACTION: Mr. Hudson moved the adoption of Ordinance No. 35427-061801. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith .............................................................................................................. 5. NAYS: None ......................................................................................... -0. (Council Members White and Wyatt were absent.) BUDGET: The Director of Finance submitted a written report advising that capital projects of all types have been approved by Council for construction over the past years, which have included construction in major categories for buildings, parks, streets, bridges, sanitary sewers, water projects, storm drains, and various technology related projects; funding is established for each project when Council approves the project based on bids for various project costs, as well as extra funding for possible contingencies; and some projects have contingency funds remaining after the final bills are paid because those projects have been completed within established budgets. 42 ACTION: It was further advised that a number of projects have been completed and can be closed, with remaining funds to be transferred from the completed projects to capital projects still under construction; a proposed budget ordinance will transfer remaining funds totalling $306,389.00 from completed projects to related projects under construction; $89,318.00 in funds have been transferred from the completed Sidewalks and Curbs Phase 3 and Phase 4 projects to the continuing Sidewalks and Curbs Phase 5 project; the three Bridge Replacement Project has been closed, and $89,608.00 in remaining funds have been transferred to the ongoing Bridge Maintenance Project; several bridge related projects have been closed, and $48,231.00 have been transferred to the new Memorial Bridge Rehabilitation Project; Thomason Road Engineering Project and the Murdock Creek Drainage Project have been completed and will transfer $30,591.00 and $36,636.00, respectively, to the recently created Miscellaneous Drainage Phase 2 Project; and various Department of Technology projects have been closed, and $19,929.00 have been transferred to an existing project account for system development. The Director of Finance recommended that Council authorize the transfer of funds from completed capital projects to certain appropriate accounts. (For full text, see report on file in the City Clerk's Office.) Mr. Bestpitch offered the following emergency budget ordinance: (#35428-061801) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital Projects and Department of Technology Funds Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Bestpitch moved the adoption of Ordinance No. 35428-061801. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith .............................................................................................................. 5. NAYS: None .......................................................................................... -0. (Council Members White and Wyatt were absent.) BUDGET-GRANTS-SCHOOLS: The Director of Finance submitted a written report summarizing the appropriation of the following School Board grants for fiscal year 2001-2002: 43 $3,194,048.00 for the Title I Winter Program, $146,285.00 for the Title I Even Start Family Literacy Grant, $204,512.00 for the Title VI Program, $687,263.00 for Title VI Class Size Reduction Initiative, $1,419,311.00 for the Governor's School Program, $85,933.00 for the Eisenhower Title II Professional Development Program, $1,681,197.00 for the Flow Through Program, $197,817.00 for the Fleming-Ruffner Community Learning Center, $69,755.00 for the Child Specialty Services Program, $73,460.00 for the Child Development Clinic Program, $222,391.00 for the Juvenile Detention Home Program, $135,979.00 for the Preschool Incentive Program, $163,604.00 for the Adult Basic Education Program, $131,211.00 for the Apprenticeship Program, $49,960.00 for the Jobs for Virginia Graduates Program, $397,251.00 for the Perkins Act Program, $39,911.00 for the Regional Adult Education Specialist Program, $150,098.00 for the Regional Adult Literacy (TAP) Program, $8,612.00 for the General Education Development (GED) Testing Program, $56,297.00 for the Summer Youth Employment Program, $26,913.00 for the Workplace Education Program, 44 ACTION: $35,222.00 for the Regional Adult Basic Education Program, $21,341.00 for the Adult Education in the Jail Program, $1,375,023.00 for the Alternative Education Program, $90,706.00 for the Drug Free Schools Program, $159,071.00 for the Roanoke Adolescent Health Partnership, $3,750.00 for the Grants Management Program, $243,863.00 for the Project YES (Youth Experiencing Success) Program, $67,041.00 for the Homeless Assistance Program, $47,367.00 for the State Truancy Project, $449,532.00 for the Blue Ridge Technical Academy, $6,797.00 for the Special Education Interpreter Training Program, $170,173.00 for the Special Education Jail Program, and $305,665.00 for the Innovative Grant. The Director of Finance recommended that Council adopt a budget ordinance providing for the above referenced appropriations. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#35429-061801) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital Projects and Department of Technology Funds Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35429-061801. The motion was seconded by Mr. Hudson and adopted by the following vote: 45 AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith ............................................................................................................. 5. NAYS: None .......................................................................................... -0. (Council Members White and Wyatt were absent.) REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: PURCHASE/SALE OF PROPERTY-WATER RESOURCES: At a regular meeting of Council held on Monday, May 7, 2001, Council tabled a communication from the City Manager with regard to adoption of a policy on the sale of land in City-owned watersheds, pending response to certain questions raised by Council Member Wyatt, Mr. Harris moved that the matter be removed from the table. The motion was seconded by Mr. Carder and adopted. The City Manager submitted a communication advising that the City of Roanoke currently owns over 14,000 acres of watershed and buffer property for the protection and preservation of the Carvins Cove Reservoir and the Beaver and Falling Creek Reservoirs; watershed property provides drainage from rainfall into the storage reservoirs and is the only source of recharge; buffer property while beyond the divide of the watershed, provides protection against intrusion upon the watershed property; and City policy has been that watershed property is not for sale while buffer property may be considered for lease or sale on an extremely limited basis. It was further advised that the City receives requests periodically for the purchase of watershed and buffer property from adjoining property owners; and recent requests have identified a need to establish a policy for the sale of property within the City of Roanoke water supply watersheds. The City Manager recommended adoption of a policy on the sale of land in City-owned watersheds to establish a consistent means of addressing future requests. (For full text, see communication and proposed policy on file in the City Clerk's Office.) Mr. Harris offered the following resolution: 46 ACTION: (#35430-061801) A RESOLUTION approving and adopting the City of Roanoke Policy on the Sale of Property within the City of Roanoke Water Supply Watersheds, in accordance with the City Manager's Letter to this Council dated June 18, 2001. (For full text of Resolution, see Resolution Book No. 64.) Mr. Harris moved the adoption of Resolution No. 35430-061801. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, and Mayor Smith ............................................................................................................ 5. NAYS: None .......................................................................................... -0. (Council Members White and Wyatt were absent.) INTRODUCTION AND RESOLUTIONS: NONE. CONSIDERATION OF ORDINANCES AND MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. At 3:25 p.m., the Mayor declared the meeting in recess for three closed sessions. At 4:15 p.m., the meeting reconvened in the Emergency Operations Center Conference Room, Room 159, Noel C. Taylor Municipal Building, with Mayor Smith presiding, for the purpose of meeting with the Vision 2001 Comprehensive Plan Advisory Committee and the City Planning Commission to review the Draft of the 2001 Comprehensive Plan for the City of Roanoke. COUNCIL MEMBERS PRESENT: William D. Bestpitch, William H. Carder, C. Nelson Harris, W. Alvin Hudson, Jr., and Mayor Ralph K. Smith. 2001 COMPREHENSIVE PLAN ADVISORY COMMITTEE MEMBERS PRESENT: Walter Rugaber, Chair, Patrick N. Shaffner, Richard A Dearing, John P. Bradshaw, Jr., Mary C. Knapp, Fredrick M. Williams, Carl Cooper, Paula L. Prince, Dan Smith, Brian Gottstein and Brian Shepherd. 47 CITY PLANNING COMMISSION MEMBERS PRESENT: D. Kent Chrisman, Chair, Alfred T. Dowe, Jr., Richard A. Rife, S. Wayne Campbell, and Melvin L. Hill. OTHERS PRESENT: Ernie Hutton, representing Hutton Associates, Inc.; Jenny Benson, representing Benson Associates - Hill Studio PC; Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; Mary F. Parker, City Clerk; Robert H. Bird, Municipal Auditor; Willard N. Claytor, Director of Real Estate Valuation; Evelyn S. Lander, Director of Planning, Building and Development; David A. Diaz, Project Manager, Department of Planning, Building and Development; and Martha P. Franklin, Secretary, City Planning Commission. COMMUNITY PLANNING: Ms. Lander expressed appreciation to the Vision 2001 Advisory Committee for the many hours of volunteer service. She advised that the Vision 2001 Comprehensive Plan is an important tool in building future public decisions in land use, development, public infrastructure, and budget allocations; the Plan is broad in its discussion, yet strategic in setting a framework for implementation; the recommended actions are not intended to be detailed and all inclusive, but were identified as having the most priority during public workshops and are intended to initiate additional planning or activities. It was explained that key themes to guide Roanoke into the future are discussed in the Executive Summary section of the Plan; Chapter 3 discusses the various elements: housing and neighborhoods, economic development, infrastructure, people or human services, public facilities and services and environmental, cultural and historic resources; Chapter 3 also describes existing conditions, discusses the approach for the future, and sets forth recommended public policies and possible actions to guide decisions and implement the Plan; a discussion of the importance of City design is included, along with design principles for encouraging quality, compatible development and a beautiful City; specific implementation opportunities or strategic initiatives are discussed as ideas to make the Plan "happen" and those model initiatives can be applied to areas of the City. It was noted that Chapter 4 seeks to achieve the goal that Roanoke must be a beautiful City, by establishing general design principles to guide future infill new development, street improvements, and redevelopment of underused sites; Chapter 5 includes a strategic checklist or matrix of the recommended actions discussed in Chapter 3 which will allow for easy review and reporting of accomplishments and work efforts in the future; and Chapter 6 addresses regional opportunities, regulatory tools and other means of implementing the Plan. Walter Rugaber, Chair, Vision 2001 Advisory Committee, presented an overview of the draft Plan. (For full text, see draft Vision 2001 Comprehensive Plan on file in the City Clerk's Office.) 48 Following questions and observations by Council Members, Ms. Lander advised that the City Planning Commission has scheduled a public hearing for July 19, 2001, with the goal of submitting the Plan to Council at its Monday, August 20, 2001 meeting. She stated that over the next two to three weeks, City Planning staff would like to receive as much feedback as possible in order to address issues of concern prior to the document going to the City Planning Commission for public hearing. Council Member Harris requested that the City Manager respond to the following questions: What are the three most difficult elements of the Plan as it moves from planning to action? How will the various initiatives in the Plan be prioritized? What process will be developed by Council and the City administration to hold City government accountable for implementation of the Plan? At 5:05 p.m., the Mayor declared the meeting in recess. At 5:35 p.m., the meeting reconvened in the Emergency Operations Center Conference Room, Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor Smith presiding. The purpose of the meeting was to hold a joint work session with the City Planning Commission to further discuss the draft Vision 2001 Comprehensive Plan. COUNCIL MEMBERS PRESENT: William D. Bestpitch, William H. Carder, C. Nelson Harris, and Mayor Ralph K. Smith. CITY PLANNING COMMISSION MEMBERS PRESENT: D. Kent Chrisman, Chair, Alfred T. Dowe, Jr., S. Wayne Campbell, Melvin L. Hill, Richard Rife and Gilbert E. Butler, Jr. (arrived late). OTHERS PRESENT: Ernie Hutton, representing Hutton Associates, Inc.; Jenny Benson, representing Benson Associates - Hill Studio PC; Darlene L. Burcham, City Manager; William M. Hackworth, CityAttorney; James D. Grisso, Director of Finance; Mary F. Parker, City Clerk; Robert H. Bird, Municipal Auditor; Willard N. Claytor, Director of Real Estate Valuation; Evelyn S. Lander, Director of Planning, Building and Development; David A. Diaz, Project Manager, Department of Planning, Building and Development; and Martha P. Franklin, Secretary, City Planning Commission. 49 ACTION: ACTION: Following further review of certain portions of the draft Plan by Mr. Rife, the Mayor declared the Council meeting in recess at 6:25 p.m. Council reconvened at 6:30 p.m., for a continuation of the previously convened closed session, in the Council's Conference Room, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke. At 6:50 p.m., the meeting reconvened in the Council Chamber with Mayor Smith presiding and all Members of the Council in attendance, with the exception of Council Members White, Wyatt and Hudson. COUNCIL: With respect to the Closed Meeting just concluded, Mr. Bethpitch 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, and Mayor Smith .......... -4. NAYS: None ......................................................................................... -0. (Council Members Hudson, White and Wyatt were absent.) COMMITTEES-SPECIAL EVENTS COMMITTEE: The Mayor advised that there is a vacancy on the Special Events Committee, created by the resignation of Samuel G. Oakey, III, for a term ending June 30, 2002, and called for nominations to fill the vacancy. Mr. Bestpitch placed in nomination the name of Linda Gravely. There being no further nominations, Ms. Gravely was appointed as a member of the Special Events Committee for a term ending June 30, 2002, by the following vote: FOR MS GRAVELY: Council Members Bestpitch, Carder, Harris and Mayor Smith .............................................................................................................. -4. (Council Members Hudson, White and Wyatt were absent.) 50 ACTION: ACTION: COMMITTEES-YOUTH SERVICES CITIZEN BOARD: The Mayor advised that there is a vacancy on the Youth Services Citizen Board created by the resignation of Todd St. Clair for a term ending May 31,2004, and called for nominations to fill the vacancy. Mr. Bestpitch placed in nomination the name of Sharon Hicks. There being no further nominations, Ms. Hicks was appointed as a member of the Youth Services Citizen Board for a term ending May 31,2004, by the following vote: FOR MS. HICKS: Council Members Bestpitch, Carder, Harris and Mayor Smith ........................................................................................................... -4. (Council Members Hudson, White and Wyatt were absent.) COMMITTEES-ROANOKE ARTS COMMISSION: The Mayor advised that there are two vacancies on the Roanoke Arts Commission created by the resignations of Lu Jean Bedard for a term ending June 30, 2002, and Matthew Kennell for a term ending June 30, 2004, and called for nominations to fill the vacancies. Mr. Carder placed in nomination the names of George Kegley and Michael Brennan. There being no further nominations, Mr. Kegley was appointed to fill the unexpired term of Lu Jean Bedard, resigned, ending June 30, 2002; and Michael Brennan was appointed for a term ending June 30, 2004, as members of the Roanoke Arts Commission, by the following vote: FOR MESSRS. KEGLEYAND BRENNAN: Council Members Bestpitch, Carder, Harris and Mayor Smith ................................................................................. --4. (Council Members Hudson, White and Wyatt were absent.) At 6:55 p.m., the Mayor declared the meeting in recess to be reconvened at 7:00 p.m. On Monday, June 18, 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. 51 PRESENT: Council Members William D. Bestpitch, William H. Carder, C. Nelson Harris, and Mayor Ralph K. Smith ........................................................... -4. ABSENT: Council Members W. Alvin Hudson, Jr., William White, Sr., and Linda F. Wyatt .................................................................................................. -3. 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 meeting was opened with a prayer by Council Member C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. PUBLIC HEARINGS: STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 18, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a request of Richard A. Dearing to vacate and discontinue and close a certain public alley extending between Richelieu and Crystal Spring Avenues, S. W., the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, June 1, 2001, and Friday, June 8, 2001. (See publisher's affidavit on file in the City Clerk's Office.) A report of the Planning Commission advising that the land within the alley being requested for closure and vacation is currently serving no useful purpose; and upon closure and vacation of the alley, the land within the alley right-of-way will revert back to the City's real estate tax rolls and all future City costs required for maintenance of the alley will be eliminated, was before Council. The City Planning Commission recommended that Council approve the request, subject to certain conditions. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. Bestpitch moved that the following ordinance be placed on its first reading: 52 ACTION: (#35431) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 64.) The motion was seconded by Mr Carder. Mr. Richard A. Dearing appeared before Council in support of the request. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 35431 was adopted, on its first reading, by the following vote: AYES: Council Members Bestpitch, Carder, Harris, and Mayor Smith ........... -4. NAYS: None ......................................................................................... -0. (Council Members Hudson, White and Wyatt were absent.) Without objection by Council, the Mayor declared the public hearing closed. STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 18, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Shenandoah Crossings, L.P., that an alley extending between Shenandoah and Centre Avenues, N. W., Official Tax No. 2013606, be permanently vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, June 1, 2001, and Friday, June 8, 2001. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the purpose of the request to close and vacate the subject alley is to remove and eliminate the alley as an objection to title to the land occupied by the GOB South Building; and the petitioner owns all of the land abutting upon both sides of the subject alley, was before Council. The City Planning Commission recommended that Council approve the request, subject to certain conditions. (For full text, see report on file in the City Clerk's Office.) 53 ACTION: ACTION: Mr. Harris moved that the following ordinance be placed upon its first reading: (#35432) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 64.) The motion was seconded by Mr. Carder. Daniel F. Layman, Jr., Attorney, appeared before Council in support of the request of his client. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 35432 was adopted, on its first reading, by the following vote: AYES: Council Members Bestpitch, Carder, Harris, and Mayor Smith ........... -4. NAYS: None .......................................................................................... -0. (Council Members Hudson, White and Wyatt were absent.) Without objection by Council, the Mayor declared the public hearing closed. ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 18, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Melrose Properties, Inc., that a tract of land located at Melrose Avenue and 24th Street, N. W., Official Tax No. 2420205, be rezoned from C-2, General Commercial District, to IPUD, Industrial Planned Unit Development District, subject to certain proffered conditions by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, June 1, 2001, and Friday, June 8, 2001. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the purpose of the request for rezoning is to encourage development of the site for light manufacturing (i.e., warehousing, distribution) and commercial (i.e., general retail) purposes, was before Council. 54 ACTION: ACTION: The City Planning Commission recommended that Council approve the request, subject to certain proffered conditions. (For full text, see report on file in the City Clerk's Office.) Mr. Carder moved that the following ordinance be placed upon its first reading: (#35433) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 64.) The motion was seconded by Mr Bestpitch. David A. McCray, Spokesperson, appeared before Council in support of the request of his client. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 35433 was adopted on its first reading by the following vote: AYES: Council Members Bestpitch, Carder, Harris, and Mayor Smith ........... -4. NAYS: None .......................................................................................... -0. (Council Members Hudson, White and Wyatt were absent.) Without objection by Council, the Mayor declared the public hearing closed. NEIGHBORHOOD ORGANIZATIONS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 18, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive citizen input on a proposed amendment to Roanoke Vision, the City's Comprehensive Development Plan for Roanoke, to include the Melrose-Rugby Neighborhood Plan as an element of said Plan the matter, was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, June 10, 2001. (See publisher's affidavit on file in the City Clerk's Office.) 55 ACTION: ACTION: The City Planning Commission recommended amendment of the Comprehensive Plan to incorporate the Melrose-Rugby Neighborhood Plan. (For full text, see report on file in the City Clerk's Office.) Mr. Carder offered the following resolution: (#35434-061801) A RESOLUTION approving the Melrose-Rugby Neighborhood Plan, and amending Roanoke Vision, the City's Official Comprehensive Development Plan for Roanoke, to include the Melrose-Rugby Neighborhood Plan. (For full text of Resolution, see Resolution Book No. 64.) Mr. Carder moved the adoption of Resolution No. 35434-061801. The motion was seconded by Mr. Bestpitch. Evelyn S. Lander, Agent, City Planning Commission, appeared before Council in support of the request. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Resolution No. 35434-061801 was adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, and Mayor Smith ........... -4. NAYS: None .......................................................................................... -0. (Council Members Hudson, White and Wyatt were absent.) Without objection by Council, the Mayor declared the public hearing closed. INDUSTRIES-CITY PROPERTY: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 18, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive citizen input on a proposal to convey portions of City- owned property located at the Roanoke Centre for Industry and Technology to Blue Hills Golf Corporation (approximately 14,000 square feet) and to Anderson Wade Douthat, et al. (approximately 12,000 square feet), the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, June 10, 2001. (See publisher's affidavit on file in the City Clerk's Office.) 56 ACTION: ACTION: The City Manager submitted a communication recommending authorization to convey City-owned property to Blue Hills Golf Corp., and to Anderson Wade Douthat, et al, subject to certain terms and conditions. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris moved that the following ordinance be placed upon its first reading: (#35435) AN ORDINANCE providing for the fee simple conveyance of two small tracts of City-owned property located at the Roanoke Centre for Industry and Technology, adjacent to Tracts A, B and F, to the Blue Hills Golf Corporation (containing approximately 14,000 square feet), and to Anderson Wade Douthat, et al. (containing approximately 12,000 square feet), upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 64.) The motion was seconded by Mr. Carder. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 35435 was adopted, on its first reading, by the following vote: AYES: Council Members Bestpitch, Carder, Harris, and Mayor Smith ........... -4. NAYS: None .......................................................................................... -0. (Council Members Hudson, White and Wyatt were absent.) Without objection by Council the Mayor declared the public hearing closed. STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 18, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke that a certain alley which crosses Official Tax No. 4010213, between Norfolk Avenue, S. E., and property bearing Official Tax No. 4010209, and facing Salem Avenue, S. E., be permanently vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, June 1, 2001, and Friday, June 8, 2001. (See publisher's affidavit on file in the City Clerk's Office.) 57 ACTION: ACTION: A report of the City Planning Commission advising that the undeveloped alley right-of-way is currently serving no useful purpose, it lies within the center of an existing parking lot, and it is not being used as a public alley; and closure and vacation of the alley will provide additional land that can be used by the Western Virginia Foundation for the Arts and Services for purposes that would be more beneficial to the needs of the general public, was before Council. The City Planning Commission recommended that Council approve the request, subject to certain conditions. (For full text, see report on file in the City Clerk's Office.) Mr. Carder moved that the following ordinance be placed upon its first reading: (#35436) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 64.) 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 matter. There being none, Ordinance No. 35436 was adopted, on its first reading, by the following vote: AYES: Council Members Bestpitch, Carder, Harris, and Mayor Smith ........... -4. NAYS: None ......................................................................................... -0. (Council Members Hudson, White and Wyatt were absent.) Without objection by Council 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 speak and a time for Council to listen; and matters requiring referral to the City Mangers will be referred immediately for necessary and appropriate response, recommendation or report Council. 58 COMPLAINTS-CITY EMPLOYEES: Mr. Robert Gravely, 617 Hanover Avenue, N. W., addressed Council in connection with Iow wages paid to the City's work force. He advised that the average City employee cannot afford to purchase a home and there is increased crime and homelessness in the City of Roanoke. He expressed concern with regard to City recreation centers that are in need of roof repairs, and school that are in need of renovations while funds from City bond issues are used for purposes that do not benefit the average citizen of Roanoke. There being no further business, the Mayor declared the meeting adjourned at 7:20 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 59 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 6, 2001 File #51 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: Your communication recommending that the City Manager be authorized to file an application with the City Planning Commission requesting that property located on Colonial Avenue, S. W., be rezoned from RS-2, Single Family Residential District, to C-1, Office District, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, July 2, 2001. On motion, duly seconded and adopted, Council concurred in the recommendation. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh HSAgenda.01guly 2, 2001 correspondenc.wpd Darlene L. Burcham July 6, 2001 Page 2 pc: Beth Neu, Director, Economic Development Rolanda A. Johnson, Assistant City Manager for Community Development Evelyn S. Lander, Department of Planning and Code Enforcement H:~Agenda.01',July 2, 2001 correspondenc.wpd Office of the City Manager July 2, 2001 Honorable Ralph K. Smith, Mayor Honorable William Carder, Vice-Mayor Honorable William Bestpitch, Council Member Honorable Nelson Harris, Council Member Honorable Alvin Hudson, Council Member Honorable William White, Council Member Honorable Linda Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Rezoning authorization The City of Roanoke owns approximately 29 acres of land fronting Colonial Avenue, identified as Parcel #1570101 on the City's Tax Maps. Currently the only structures on the property are three city owned water tanks located near the rear of the property and a building currently leased by the Specific Reading and Learning Difficulties Association of Roanoke (commonly referred to as the Montessori School), located at 3379 Colonial Avenue. Much of the acreage is excess property that is not required for water distribution services. Subject property offers an opportunity for mixed-use development for planned residential and commercial development. On June 18, 2001 the City Manager received a letter from Carilion Health Systems, Inc. offering to purchase 2.8 acres of real estate identified by a metes and bounds description (attached as Exhibit 1), within the 29 acre parcel, and fronting Colonial Avenue. The property is currently zoned RS-2, Single Family Residential; a C-1, Commercial, zoning classification would be required for the proposed use. The proposed use is consistent with other land uses surrounding the property (school, church, clinic, apartments). Room 364 Municipat South 215 Church Avenue, S,W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 C ityWe b :www, c i. ro a n o ke .va. us Honorable Mayor and Members of Council July 2, 2001 Page 2 Recommendation: Authorize the City Manager to file an application with the City of Roanoke Planning Commission to request that the above described 2.8 acre parcel of real estate be rezoned from RS-2 to C-1. Respectfully submitted, City Manager DLB:ean Attachments c: James D. Grisso, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk Evie Lander, Director of Planning Beth Neu, Director of Economic Development #CM01-00140 EXHIBIT 1 DESCRIPTION OF REAL PROPERTY NEW PARCEL A PROPERTY OF ROANOKE WATER WORKS COMPANY PORTION OF CITY OF ROANOKE TAX PARCEL 1570101 BEGINNING at a point on the northerly side of Colonial Avenue, S.W. (VA Rte. 720), said point being the southerly boundary, comer of property of Richard P. Wimberley, Dennis R. West, and Michael D. Sassard, as recorded in the Clerk's office of the Circuit Court of the City of Roanoke, Virginia in Deed Book 1535, Page 211, and as shown as boundary comer number 9 on a "Preliminary Subdivision Map from Records for Carillon Health System" by Caldwell White Associates, dated June 15, 2001, said point being further described as boundary comer number 4 as shown on a Plat of Survey and Subdivision for W.H. Masterson and Hazel L. Masterson, prepared by C.B. Malcolm & Son, dated March 15, 1955; and recorded in the aforementioned Clerk's Office in Deed Book 950, Page 335; thence with the northerly right of way of Colonial Avenue, said right of way line being the southeastern limits of the property of Roanoke Water Works Company, Deed Book 240, Page 334, S 28°07'27- W, 303.66' to a point; thence leaving Colonial Avenue, and with a new line through the property of Roanoke Water Works Company N 52°58'00" W, 407.25' to a point; thence with another new line through the property of Roanoke Water Works Company N 28°07'27- E, 303.66' to a point at the northwesterly comer of the property of Wimberly, West, and Sassard, said point being further described as boundary comer number 3 as shown on the aforementioned Malcolm plat for Masterson; thence with the property of Wimberly, West, and Sassard S52°58'00"E, 407.25' to the POINT OF BEGINNING, and containing 2.80 acres. This description is based upon said Preliminary Subdivision Map from Records for Carillon Health System, and is not based on a current field survey by Caldwell White Associates. F:\users~rachel~WORD~RealEstate\ColonatlAvePurchaseAgree'd°c 373 Allison Avenue, Southwest Roanoke, · virglh~fa Ju'~ 18, 2001 Mrs. Mary F. Parker, City Clerk 454 Municipal Building 215 Church Avenue, Southwest Roanoke, Virginia 24011 Dear Mrs. Parker: Enclosed is a letter to the Mayor and members of the Roanoke City Council opposing collection of trash on the street in residential areas where alleys are available. This includes picking up recycled materials. I just learned of this horrible situation when I read over the weekend an article titled "Change is Good" in a publication styled "Roanoke Citizen" published by the City of Roanoke. I have had scant time to prepare opposition by July 1, 2001. For this reason, I wrote a lengthy letter which included the basic arguments and sent a copy to each member of the Council. However, I do wish to file this letter with you and ask for time on the agenda at the next Council meeting on July 2, 2001. I shall appreciate your attention to this matter. Yol rs very~ tru.l¥, ~ Ke/n~ne~ Ct, Jr. 373 Allison Avenue, SW Roanoke, Virginia 24016 June 18, 2001 The Honorable Mayor Members of the Roanoke City Council 215 Church Avenue, Southwest Roanoke, Virginia 24011 Gentlemen: Upon reading an article called "Change is Good" in a recent magazine publication titled "Roanoke Citizen" apparently published by the City Manager, I was alarmed to find Solid Waste Management Division of Public Works Directory is planning on collecting trash on the street instead of from the alley. Because the program is to begin on July 1, 2001, there may be insufficient time for me to appear before City Council to protest and consequently I do so by this rather lengthy letter. I - Trash Collection on the Street A. Background At present, I own a building at 133 Kirk Avenue, Southwest, Roanoke, Virginia and the trash on the sidewalk blocks it to where citizens have to crawl over trash piles or walk in the street. I attach two photographs. The first one is to the west of my office door which is to the immediate east of the drain under the sidewalk (seen in the middle of the picture). You can see some white bags down the street. I submit a photograph from the other end and you can see these white bags. These pictures were taken at 2:30 P. M. on Monday, June 18, 2001. When you walk down the street further, you will see similar bags. At approximately 5:00, the sidewalk is impassable. I do not blame the present city manager for this intolerable situation. The city picks up the trash every day. Once a week a street sweeper cleans the area around midnight when there are no cars parked. The city has now tried to have citizens put their trash out at 5:00 or 7:00 in the evening and make special runs for the various restaurants which close earlier. While this is an improvement, it does not eliminate the problem completely. The various merchants whose trash I have photographed are excellent neighbors and citizens. They are caught in a situation where there is no place else to put the trash. The bags were still The Honorable Mayor, etc. June 18, 2001 Page Two there at 5:00 o'clock because the City did not make the earlier run for restaurants. It would seem that the present city manager would learn from past city managers and not change to street collection when avoidable. Some years ago my office was at 318 Second Street. We put our trash behind the building on the alley. I was next door to a restaurant which stayed open twenty-four hours a day. Proprietors of the restaurant put their trash in the alley. Trash was picked up periodically by the City. No one downtown had any problems with trash on the street. I employed the elevator operator at the municipal building (at that time there was only one building with one elevator mechanical operator) who came to my office after work, cleaned it and put the trash in the alley. Since I moved to my present location in 1970, the situation has become progressively worse. We are now required to cut the trash and place it in bags. That is no particular bother to me because I shred all documents so the garbage bags have nothing in them but confetti. I do not fill a trash bag one more than twice a week. I can put it out at 6:00 P.M. before I go home and the City trucks arrive and take it. The other people downtown are not as fortunate. Many alleys have been closed so we can not return to placing the trash in the alley. Now this intolerable situation is irreversible. Citizens downtown are doing all they can. The City is doing all it can. The problem is the previous system of collecting trash in the alley should have never been abandoned. B. The New Problem I live on Allison Avenue on land which has been in my family before the turn of the century, next door to my grandmother's original house built in 1896. We have an alley behind us. Ever since I was a small boy, we have put our trash in the alley. Initially we had a coal furnace and had to put the ashes in the alley. While we no longer have that drudgery, we still have garbage and we are quite willing to place recycle trash in a special can and place it in the alley separate from the normal trash can. The trash is collected on The Honorable Mayor, etc. June 18, 2001 Page Three Thursday morning. If I am not at home on Thursday, it makes no difference because I can place the trash there as it accumulates and then on Thursday, the City will take it. Sometimes the City does not come on Thursday but that makes no difference because it can come Wednesday or Friday. Now we are told we are going to have to put the trash on the street at a specific time whether we are home or not. As soon as a few alleys are closed, the situation will be irreversible. Then we will have reduced our nice sidewalks to garbage piles as we have done downtown. I am tired of crawling over garbage bags downtown; and do not want this at home. This should be stopped before it gets started. The City will not help the problem as it has downtown by daily pick-ups and weekly street sweepers. II - Sidewalks Formerly every house had a sidewalk in front of it and an alley in the back of it. In the newer subdivisions to the south, there are many areas which do not have sidewalks. I can walk from my home to my office downtown on sidewalks in fifteen minutes, but I can not walk to Community College along Colonial Avenue. At my age, I would not walk that far anyway, but I do enjoy walking to Highland Park and I do enjoy walking to my office from my home without having to walk in the street except to cross and without having to crawl over garbage cans. Now all of this will change. Between the sidewalk and the street, there is a grass area that used to be tree lined. Our street was quite beautiful. Now every tree on the block has been cut down, except for a large tree on the corner of Fourth Street and Allison Avenue. The street has become dreary. It will become even more so when there are garbage cans placed where the trees use to be. Of course, after the situation becomes irreversible, the City will then have to enact ordinances to fine the people who do not have their garbage out. Everybody will have some occasion when he will not be home to place garbage at the appropriate time and if that happens two weeks in a row, that person will have a real mess unless he leaves the cans out front all the time. The result is all the money being spent by the horticulturalists to plant flowers at the entrances of the City and other keys spots will go to waste because The Honorable Mayor, etc. June 18, 2001 Page Four our internal streets will look like alleys. III - Wires A complaint about the trees is they grow into the electric lines along the street. Every since I can remember, the electric wires have been on poles on the street and the telephone wires have been on poles in the alley. It was always my dream the electric wires would eventually be put on the telephone poles so that utility poles in the alley would be the only overhead wires. All the overhead wires downtown have been placed underground and a removal of the overhead wires on our street would have the same beautiful effect. The poles with the wires in the alley would be less noticeable. Replanting of the trees on the street would make the neighborhood beautiful and the citizens will do the work. While I do not expect this City Council to do anything to consolidate the electric and telephone lines or place sidewalks in areas where there are none, but I would hope this City Council would not make the situation impossible for future a City Council by abandoning the alleys we still have and making those streets alleys. IV - The Article A section in the article "Wider is Better" contains misinformation. The quoted statement is obviously fallacious on its face. The quote is "We understand the limitations of the equipment and the benefits of the program. The more we recycle, the more we avoid filling up the landfills. The less we send, the longer it will last". I do not understand what difference it would make at the landfill if the City picked up the same trash and recycling materials in the alley that it intends to collect on the street. I do not understand why the City can not pick up this trash and recycling materials with trucks which are not too big for the alleys. I see no limitations on the equipment except one voluntarily placed by the City by buying huge trucks with mechanical arms to pick up the trash cans. I do not understand why "Junk Mail Doesn't Stack Up in [a citizen's] Kitchen Anymore" if the recycling can is in The Honorable Mayor, etc. June 18, 2001 Page Five the alley instead of the street. The trade off is not less trash for the landfills for efforts of the people. The trade off is the City employees of the Solid Waste Management Division of Public Works Directory will have less work to do if the citizens do the work for them and leave the solid waste in a place where a larger truck can pick it up mechanically. The alleged tax savings does not exist when you consider the detriments. The trucks will not be able to pick up the trash by mechanical means where there are cars parked so we will have to have another ordinance prohibiting the citizens from parking in front of their houses during trash pick up time. We will have to fine our citizens who do not put their trash out on time or who leave their cars out. Even with this oppression of the citizens, there are still going to be garbage lined streets. The cost of criminally enforcing these new ordinances will be expensive. Yet the process will be irreversible and even if future city councils are reluctant to pass such ordinances, they will have no choice if this City Council eliminates the alleys as a place of collection. The alleged tax savings is similar to saying if the citizens will catch their own burglars and call the police to pick them up in paddy wagons, we could fire one-half of the police department. Police protection is a city function. It is also a city function to collect trash and employees of the city are suppose to be servants of the people and not the people servants of the waste division where the citizens will have to do their work for them. We can save money by placing garbage cans at each entrance of the City and save the price of the horticulturalists who plant beautiful flowers. I mistakenly thought the City should improve and beautify the neighborhoods even if it cost more. V - Conclusion Instead of moving the collection of trash from alleys to the streets, the trash collection ought to remain in the alleys where the alleys exists. The program of recycling will be much more successful because the people will be pleased and willing to put cans for trash and recycling materials in the alley instead of begrudgingly putting them in the street. The Honorable Mayor, etc. June 18, 2001 Page Six The previous effort to recycle failed because of the reluctance to place the cans in the street and now you will overcome this reluctance by forcing the citizens to place the cans in the street. "Wider is Not Better". While some change is good, this change is for the worse. xc: Respectfully submit, ted, Jd~n H. Kennett, Jr. The Honorable Ralph Smith, Mayor Mr. William Bestpitch Mr. William H. Carder Mr. C. Nelson Harris Mr. W. Alvin Hudson, Jr. Mrs. Linda F. Wyatt Mr. William White, Sr. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 6, 2001 File #144 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 2, 2001, Council Member Hudson requested detailed information with regard to the City's proposed new refuse collection program, including projected cost savings. ~, ~, ~, ~Sincerely, Mary F. Parker, CMC City Clerk MFP:mh pc: George C. Snead, Jr., Assistant City Manager for Operations Robert K. Bengtson, Director, Public Works Frank Decker, III, Solid Waste Management Operations Superintendent H:V~genda.01XJuly 2, 2001 correspondenc.wpd 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 July 6, 2001 File #60-467 STEPHANIE M. MOON Deputy City Clerk Melinda J. Payne, Chair Roanoke City School Board 301 Rutherford Avenue, N. W. Roanoke, Virginia 24016 Dear Ms. Payne: I am enclosing copy of Resolution No. 35440-070201 authorizing the School Board for the City of Roanoke to expend funds out of the City's capital improvement fund up to $11 million for replacing the present school building at Roanoke Academy for Mathematics and Science with a new building and declaring the City's intent to borrow to fund or reimburse such expenditures. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 2, 2001. Sincerely, ~ Mary F. ra, r,e ~, CMC City Clerk MFP:mh Enclosure pc: Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public Schools Cindy H. Lee, Clerk, Roanoke City School Board Dadene L. Burcham, City Manager James D. Grisso, Director of Finance H:LAgenda.0 l',July 2, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of July, 2001. No. 35440-070201. A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for replacing the present school building at Roanoke Academy for Mathematics and Science with a new building and declaring the City's intent to borrow to fund or reimburse such expenditures. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The School Board of the City of Roanoke is authorized to expend out of the City's capital improvement fund up to $11,000,000.00 for the cost of replacing the present building with a new building for the Roanoke Academy for Mathematics and Science ("the Project"). 2. In accordance with U. S. Treasury Regulations § 1.150-2, it is hereby declared that the City reasonably expects to reimburse capital expenditures and bond issuance costs for the Project with proceeds of an obligation or obligations to be incurred by the School Board and/or the City. The maximum principal amount of debt expected to be issued for the Project is $11,000,000.00. 3. This is a declaration of official intent under Treasury Regulation § 1.150-2. ATTEST: City Clerk. H:~VlEASURESkr-litloanramsintent. 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 July 6, 2001 File #60-467 STEPHANIE M. MOON Deputy City Clerk Melinda J. Payne, Chair Roanoke City School Board 301 Rutherford Avenue, N. W. Roanoke, Virginia 24016 Dear Ms. Payne: I am enclosing copy of Resolution No. 35439-070201 authorizing the School Board for the City of Roanoke to make application for a loan, in the amount of $5 million, from the State Literary Fund, for replacing the outdated Roanoke Academy for Mathematics and Science facility with a new Roanoke Academy for Mathematics and Science facility. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 2, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public Schools Cindy H. Lee, Clerk, Roanoke City School Board Darlene L. Burcham, City Manager James D. Grisso, Director of Finance H:XAgenda.01XJuly 2, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of July, 2001. No. 35439-070201. A RESOLUTION authorizing the School Board for the City of Roanoke to make application for a loan from the State Literary Fund for replacing the outdated Roanoke Academy for Mathematics and Science facility with a new Roanoke Academy for Mathematics and Science facility. WHEREAS, the School Board for the City of Roanoke, on June, 12, 2001, approved a Literary Fund loan application and, on July 2, 2001, presented to this Council an application addressed to the State Board of Education of Virginia for the purpose of borrowing from the Literary Fund $5,000,000.00, for replacing the present school building at the Roanoke Academy of Mathematics and Science with a new building, to be paid in twenty (20) annual installments, and the interest thereon at four percent (4%) paid annually. BE IT RESOLVED that the application of the City School Board to the State Board of Education of Virginia for a loan of $5,000,000.00 from the Literary Fund is hereby APPROVED, and authority is hereby granted the said City School Board to borrow the said amount for the purpose set out in said application. The Council of the City of Roanoke will each year during the life of this loan, at the time it fixes the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for appropriation expenses and to pay this loan in annual installments and the interest thereon, as required by law regulating loans fi.om the Literary Fund. ATTEST: City Clerk. ,~~ Melinda J. Payne, Chairman Marsha W. Ellison Sherman P. Lea, Vice Chairman Gloria P. Manns ~ Charles W. Day Ruth C. Willson Roanoke /'City School Board P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 Brian J. Wishneff E. Wayne Harris, Ed.D., Superintendent Cindy H. Lee, Clerk of the Board · Fax: 540-853-2951 ~ June 19, 2001 The Honorable Ralph K. Smith, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official School Board action at its meeting on June 12, 2001, the Board respectfully requests City Council to approve a State Literary Fund loan application for the Roanoke Academy for Mathematics and Science project. The loan will provide $510 million to fund part of the $11.5 million to replace the outdated lg40s facility designed as a junior high school with a new elementary facility. The Schools' additional debt service for the project will total $450,000 and debt service payments will commence in FY2003-04. The Board appreciates the approval of this request. Sincerely, Cindy H. Lee, Clerk re Enc. CC' Ms. Melinda ]. Payne Dr. E. Wayne Harris Mr. Richard L. Kelley Mr. Kenneth F. Mundy Mr. William L. Murray Mrs. Darlene Burcham Mr. William M. Hackworth Mr. ]ames D. Grisso Preparing Students for Success V.A. ~ 3 1186 Name of School No. APPLICATION FOR LOAN FROM THE LITERARY FUND OF VIRGINIA Roanoke Academy for Mathematics and Science Name of ~(0(~-City __ Roanoke To THE STATE BOARD OF EDUCATION, Richmond, Virginia: Gentlemen: The School Board for the 0~&l~y-City of ~oano~e hereby makes application for a loan of $ 5.0 _m.i!!ion from the Literary Fund of Virginia for the purpose of erecting, enlarging, or altering (making permanent improvement to) a school building located at 1177 Ninotoonth Street, N_W .... as follows: (Describe briefly) Roanoke, VA 24017 Replace outdated 1940s facility desiqned as a junior high school with a now olpmentary facility. 1. The said building, addition, or permanent improvement described above, to be of brick (Type of construction, brick, frame, etc.) will be used as a __eol ementary school __ building, and is estimated to cost $ ~ ! _ 5 .m.i 1 ! i OB . (Elem., H. S., Comb. Elem. & H.S.) 2. The total estimated value of the existing school plant, including site, plus the proposed building addition, or perma- nent improvement thereto, is $ ll .5 mil lion of $ 3. There is at present a loan from the Literary Fund on this -0- Roanoke Academy for Mathematics an~ Science (Building or school plant ) in the amount 4. The total amount of the loan will not exceed the cost of the building, addition, or permanent improvement there- to, and site, on account of which such loan is made. 5. The site on which this building, addition, or permanent improvement, will be located contains 20.18 acres, of which ~J~__ acres are well suited and useable, or can be easily improved and made useable, for playground and recreational purposes. 6. The plans and specifications for the building or improvement, complying with Minimum School Building Re- quirements, have been or will be approved by the division superintendent of schools and the Superintendent of Public Instruction before construction is begun. It is understood that the State Board of Education reserves the right to with- hold any part or all of the amount of this loan, if the plans and specifications approved by the Superintendent of Public Instruction are not followed. (1) 7. The proposed building, addition, or permanent improvement, is desirable because: (Explain briefly) Replace outdated 1940s facility designed as a junior high school with a new elementary school. 8. The present total indebtedness of the ~-City for school buildings is $ fi;P;-Bfifi;0gfi_00 $ 7,.qFl?~000_00 is owed to the Literary Fund. , of which 9. This ]l~6~i~,-City has not defaulted or failed to meet its debt service obligations as and when due for the past five years except, as follows: None 10. Adequate and satisfactory supervision of construction will be provided by the school board in accordance with the provisions of "Minimum Requirements and Standards for School Buildings," Regulations State Board of Education. Il. The building or improvement for which this application for a loan is made is part of a long-range planning program in accordance with the provisions of "Minimum Requirements and Standards for School Buildings," Regulations State Board of Education, and is recommended in the study or survey made by (give title and date) Five-Year Capital Improvement Plan, 2002-2006 12. This loan is to be made for ?0 years, and is to be paid in 20 5 to 20 5 to 20 the rate of ~ per centum per annum, payable annually. annual installments, with interest at .13. The Board of Supervisors for the County, or the Council for the City, has by resolution (page 3 of this application), agreed to provide for the repayment of this loan. 14. The School Board is not in default in the payment of any part of the principal of any previous loan from the Lit- erary Fund and, for at least two years immediately before this loan, has not been more than six months in default in the pay- ment of interest due on any loan from the Literary Fund. Given under my hand this the 1. 2th day of ~]u.n.e ATTEST: THE SCHOOL BOARD OF Roanoke , Clerk. By SEAL (2) CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 6, 2001 File #60-144-253 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35441-070201 amending and reordaining certain sections of the 2001-02 General Fund Appropriations, transferring $187,229.00 and appropriating $104,247.00, respectively, in connection with landfill tipping fee expenses to be incurred in fiscal year 2001-02. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 2, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh H:XAgenda.01XJuly 2, 2001 correspondenc.wpd James D. Grisso July 6, 2001 Page 2 Attachment pc~ Darlene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Operations Robert K. Bengtson, Director, Public Works Rolanda A. Johnson, Assistant City Manager for Community Development Wanda B. Reed, Acting Director of Parks and Recreation Barry L. Key, Director, Management and Budget H:~Agenda.01~uly 2, 2001 corresponden¢.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of July, 2001. 5.a.1. No. 35441-070201. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A~ror~riations Public Works Streets and Traffic (1) .................................... Solid Waste Management - Refuse (2) ...................... Parks and Grounds Maintenance (3) ........................ $ 22,851,754 3,061,753 5,386,978 4,052,776 1 ) Fees for Professional Service 2) Fees for Professional Service 3) Fees for Professional Service (001-530-4110-2010) (001-530-4210-2010) (001-620-4340-2010) $187,229 (291,476) 104,247 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. 5.a.1. Office of the City Manager July 2, 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: Tipping Fees Transfer from Solid Waste Management FY 2001- 2002 Budget Background: Presently, the Solid Waste Management (SWM) Division is responsible for payment of landfill tipping fees incurred by other City departments. The current arrangement allows those other departments to dispose of waste for which the tipping fees are billed to SWM. This creates a challenge for SWM with respect to the management of its annual operating budget. Considerations: Funding that is presently allocated to SWM for tipping fees can be transferred to other departments for payment of tipping fees incurred by those departments, specifically Streets and Traffic and Parks and Grounds. This will be established in future budgets prior to their recommendation to City Council. Recommendation: City Council approve the transfer of $187,229 from Solid Waste Management (Account No. 001-530-4210-2010) to Streets and Traffic (Account No. 001-530-4110-2010) and 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 July 2, 2001 Page 2 $104,247 from Solid Waste Management (Account No. 001-530-4210-2010) to Parks and Grounds (Account No.001-620-4340-2010) for tipping fee expenses to be incurred in Fiscal Year 2001-2002. Respectfully submitted, City Manager DLB:FWD/mc C~ James D. Grisso, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk Robert K. Bengtson, P. E., Director of Public Works Wanda Reed, Acting Director, Parks and Recreation #CMO1-001128 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 6, 2001 File #60-438 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35443-070201 authorizing the City Manager to enter into a contract with the Fifth District Disability Services Board to provide continuing local administrative staff support, in the amount of $29,600.00 for a two year period, as allocated by the State Department of Rehabilitative Services. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 2, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment pc; James D. Grisso, Director of Finance Rolanda A. Johnson, Assistant City Manager for Community Development Glenn D. Radcliffe, Director of Human Services George C. Snead, Jr., Assistant City Manager for Operations Barry L. Key, Director, Management and Budget Carol Wright, Human Services Coordinator H:XAgenda.0l'July 2, 2001 correspondenc.wpd 5.a.2. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day ot5 July, 2001. No. 35443-070201. A RESOLUTION authorizing the City Manager to enter into a contract with the Fifth District Disability Services Board (" FDDSB") to provide continuing local administrative staff support; upon certain terms and conditions. WHEREAS, the FDDSB is responsible to local governments and serves as a critical resource for needs assessment, information sharing and service opportunities for citizens with disabilities, their families and the community; and WHEREAS, funds in the amount of $29,600 to continue local staff support in support of the FDDSB administration for a two (2) year period have been allocated to the FDDSB by the State Department of Rehabilitative Services. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the contract to provide continuing local administrative staff support for the Fifth District Disability Services Board as recommended in the City Manager's letter to this Council dated July 2, 2001. 2. The form of the contract, and any necessary amendments, shall be in form approved by the City Attorney. ATTEST: City Clerk. N:\CADO. Memure~'~R-RegDi~S ervBrdCn'anff DLC) (7-02-01) CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 6, 2001 File #60-438 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35442-070201 amending and reordaining certain sections of the 2001-02 Grant Fund Appropriations, providing for appropriation of $29,600.00 in connection with additional funds allocated by the State Department of Rehabilitative Services for a two-year period to continue local staff support of administration of the Fifth District Disability Services Board. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 2, 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 Glenn D. Radcliffe, Director of Human Services George C. Snead, Jr., Assistant City Manager for Operations Barry L. Key, Director, Management and Budget Carol Wright, Human Services Coordinator H:XAgenda.0l',July 2, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of July, 2001. No. 35442-070201. 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 Health and Welfare Regional Disability Services Board 01-02 (1) ...................... Regional Disability Services Board 02-03 (2) ...................... $ 3,362,598 14,800 14,800 Revenues Health and Welfare Regional Disability Services Board 01-02 (3) ...................... Regional Disability Services Board 02-03 (4) ...................... $ 3,362,598 14,800 14,800 1 ) Fees for Professional Services 2) Fees for Professional Services 3) Regional Disability Services Board Grant 01-02 4) Regional Disability Services Board Grant 02-03 (035-630-5168-2010) ( 035-630-5169-2010) (035-630-5168-5168) (035-630-5169-5169) $ 14,800 14,800 14,800 14,800 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. 5.a.2. Office of the City Manager July 2, 2001 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 Council: Subject: Appropriation of Regional Disability Services Board Grant Funding - Staff Support and Contract for Services Background: The Fifth District Disability Services Board (DSB) is responsible to local governments and serves as a critical resource for needs assessment, information sharing and service opportunities for citizens with disabilities, their families and the community. The following jurisdictions in the Fifth Planning District have enacted resolutions establishing their participation in a regional effort and have appointed a local official to serve: the cities of Roanoke, Salem, Covington, Clifton Forge; counties of Roanoke, Craig, Botetourt, and Allegheny and the Town of Vinton. Other members of the DSB include representatives from business and consumers. City Council authorized the Director of Finance to serve as fiscal agent for the Fifth Planning District Disabilities Services Board on September 25, 1995, Resolution No. $2675-092595. The State Department of Rehabilitative Services has allocated funds in the amount of $29,600 for a two-year period to continue local staff support of the administration of the Fifth District DSB. See Attachment "A'. Recommendation: Authorize the City Manager or her designee to enter into a contract substantially in the form included in this report as attachment "B", and approved as to form by the City Attorney, with existing DSB staff support to continue providing local administrative support. 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 July 2, 2001 Page 2 City Council appropriate $29,600 to a grant fund account number to be established and a corresponding revenue estimate to be established by the Director of Finance, to provide funding for the Fifth District DSB. Respectfully submitted, City Manager Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Glenn D. Radcliffe, Director, Human Services James Yancey, Accountant, Finance Carol Wright, Human Services Coordinator #CM01-00126 MEMORANDUM Of UNDERSTANDING STAFF SUPPORT AGREEMENT FOR FY 2002 Attachment A DATE: April 30, 2001 MOU NO.: MOU-16 MODIFICATION NO.: 2 ISSUED BY: COMMONWEALTH OF VIRGINIA Department of Rehabilitative Services 8004 Franklin Farms Drive P. 0. Box K-300 Richmond, Virginia 23288-0300 LOCAL: City of Roanoke. 215 Church Avenue Roanoke, VA 24011 This Supplemental Agreement is entered into pursuant to the provisions of the basic grant. The MOU modification is effective for the period of June 1, 2001 through May 31, 2003. Description of Modification: Funding for local DSB staff is based on performance, not reimbursement of actual expenses. Payment will be made on a quarterly basis in four equal payments of $3,700.00, with the total not to exceed $14,800. Quarterly payments will be made upon receipt of a report and documentation of performance. DRS will advance the first quarter payment to City of Roanoke in July 2001 upon receipt of letter requesting the advancement. Failure to perform or to submit required the quarterly documentation may result in repayment to DRS of the quarterly advance. Performance measurements for DSB staff are as follows: Attend all DSB meetings (minimum of one meeting per quarter) and related activities. Prepare, disseminate and maintain agendas, minutes and other correspondence. Maintain and monitor the administrative budget. Maintain official records for the DSBs Administer and monitor the RSIF grants and ensure that the impact reports are completed and sent within timeframe specified. Arrange sign language interpreters, CAN and/or CART services, and all other necessary accommodations, for DSB meetings and hearings. Ensure DSB compliance with the Code of Virginia and DSB Establishment Guidelines. Provide ADA and disability information to DSB members, local elected officials and the public within the localities served by the local DSB. Support DSB efforts to exchange information with other local boards regarding services and best practices in the delivery of services to persons with physical and sensory disabilities. Other duties as directed by the local disability services board. Quarterly allotment of $3,700.00 will be released upon receipt of completed Attachment 'C', report and backup documentation. Staff must submit a report, along with copies of all committee and DSB meeting minutes, agendas, up-to-date membership roster and other activities that the DSB was involved with during that quarter. The employer of record is the local government entity, whether the DSB support staff is an internal or contracted position. If the local government entity contracts out to an individual or organization then that organization is not eligible for a Rehabilitative Services Incentive Fund grant. 5. Quarterly reports are due as follows: Quarter Report Due 1st September 15, 2001-02 2nd December 15, 2001-02 3rd March 15, 2002-03 4th June 8, 2002-03 Except as provided herein, all -terms and conditions of MOU Number. 1.~.6 as heretofore changed, remain unchanged and in full force and effect. DSB Chairperson: Signature Date Clint Collins P.O. Box 173 Salem, VA 24153 Local Government Representative: Signature Date Darlene Burcham, City Manager City of Roanoke 215 Church Avenue Roanoke, VA 24011 Department of Rehabilitative Services: Signature Date H. Gray Broughton, CRC, CCM Commissioner Department of Rehabilitative Services 8004 Franklin Farms Drive P.O. Box K-300 Richmond, VA 23288-0300 Date Darlene Burcham, City Manager City of Roanoke 215 Church Avenue Roanoke, VA 24011 Department of Rehabilitative Services: Signature D. ate Fifth PDC MOU- 16 Modification H. Gray Broughton, CRC, CCM Commissioner Department of Rehabilitative Services 8004 Franklin Farms Drive P.O. Box K-300 Richmond, VA 23288-0300 Attachment "B" Agreement for Services This agreement is made this 1st day of June 2001, by and between the CITY OF ROANOKE, hereinafter referred to as "City" and ROSLYN KINGERY hereinafter referred to as "Staff". The parties hereto agree as follows: 1. SCOPE OF SERVICES - The Staff will provide the City and its designee (Fifth District Disability Services Board) with staff support as follows: a. Attend all DSB meetings (minimum of one meeting per quarter) and related activities b. Prepare, disseminate and maintain agendas, minutes and other correspondence c. Maintain and monitor the administrative budget d. Maintain official records for the DSBs e. Administer and monitor the RSIF grants and ensure that the impact reports are completed and sent within time frame specified f. Arrange sign language interpreters, CAN and/or CART services, and all other necessary accommodations, for DSB meetings and hearings. g. Ensure DSB compliance with the Code of Virginia and DSB Establishment Guidelines h. Provide ADA and disability information to DSB members, local elected officials and the public within the localities served by the local DSB i. Support DSB efforts to exchange information with other local boards regarding services and best practices in the delivery of services to persons with physical and sensory disabilities j. Other duties as directed by the local disability services board. 2. TIME OF PERFORMANCE - the term of this agreement shall be for a two-year period beginning June 1, 2001 and concluding May 31, 2003. 3. FEES AND PROPOSED PAYMENT SCHEDULE - the total compensation to Staff shall be $14,800 per 12-month period. Payment to the Staff shall be made monthly upon receipt of payroll documentation. 4. TERMINATION - either the City or the consultant upon written notification thirty (30) days prior to termination may terminate this agreement. 5. REPORTING - The Staff will meet with the City's designee a minimum of twice a month and provide regular updates on the progress of the Boards work. 6. INDEMNIFICATION - the Staff agrees to indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, legal actions and judgments advanced against the City and for expenses the City may incur in this regard, arising out of the Staff's negligent acts or omissions with respect to the rights and privileges granted by the City to the Staff in this Agreement. 7. GOVERNING LAW - the Commonwealth of Virginia shall govern this Agreement. OWNERSHIP - All reports, paper, etc., developed and/or generated as a result of this proposals process are the property of the city of Roanoke. No duplication or dissemination of this material can be done without the expressed written permission of the Director of Human Services, or other authorized City official. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year here in above written: CITY OF ROANOKE By: Darlene L. Burcham, City Manager INDEPENDENT CONTRACTOR By: Roslyn A. Kingery APPROVED AS TO FORM: Assistant City Attorney APPROVED AS TO EXECUTION: Assistant City Attorney CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 6, 2001 File #60-72-304 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35445-070201 authorizing the City Manager to enter into an agreement with Harmony Information Systems, Inc., for provision of a computer- based system to assist in the monitoring of expenditures and client services under the Comprehensive Services Act Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 2, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: James D. GrisSo, Director of Finance Rolanda A. Johnson, Assistant City Manager for Community Development Glenn D. Radcliffe, Director of Human Services George C. Snead, Jr., Assistant City Manager for Operations Barry L. Key, Director, Management and Budget H:'xAgenda.0DJuly 2, 2001 correspondenc.wpd IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 2001. No. 35445-070201. 5.a.3. A RESOLUTION authorizing the implementation of a computer-based system to assist in the provision of services under the Comprehensive Services Act Program, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is authorized to enter into an agreement with Harmony Information Systems, Inc., for the provision of a computer-based system to assist in the monitoring of expenditures and client services under the Comprehensive Services Act Program, and as further stated in the City Manager's letter to City Council dated July 2, 2001. ATTEST City Clerk. N:\CADCLMeasures\R-Comp Services Comm (7-2-01) CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 6, 2001 File #60-72-304 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35444-070201 amending and reordaining certain sections of the 2001-02 General and Department of Technology Fund Appropriations, providing for appropriation of $100,000.00 in connection with purchase of hardware, software, training and maintenance of a computer network to be used in connection with the Comprehensive Services Act Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 2, 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 Glenn D. Radcliffe, Director of Human Services George C. Snead, Jr., Assistant City Manager for Operations Barry L. Key, Director, Management and Budget H:XAgenda.0lXJuly 2, 2001 correspondenc.wpd 5.a.3. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of July, 2001. No. 35444-070201. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 General and Department of Technology 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 General and Department of Technology Fund, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental Transfers to Other Funds (1) ............................... Fund Balance $ 68,775,151 68,660,826 Reserved for CMERP - City (2) Department of Technolo.cl¥ Fund $ 531,300 APpropriations Capital Outlay Social Services - CSA (3) Revenues $ 9,263,091 100,000 Nonoperating Transfer from Other Funds (4) .............................. $ 1,351,205 1,221,205 1 ) Transfer to Department of Technology Fund 2) Reserved for CMERP - City 3) Other Equipment 4) Transfer from General Fund (001-250-9310-9513) (001-3323) (013-430-9853-9015) (013-110-1234-1037) $100,000 (100,000) 100,000 100,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. 5.a.3. Office of the City Manager July 2, 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. VVyatt, Council Member Dear Mayor Smith and Members of Council: Background' Subject: Computer Network for Comprehensive Services Act Program The Comprehensive Services Act Program (CSA) serves 570 to 600.youth and families each fiscal year with a budget of $8,400,000.00. This program enacted by the General Assembly in 1993 has been operated with a manual paper process for tracking funds and client placements. Considerations: The City Auditor's Report of December, 2000 recommended that a computer based system be implemented to assist in the monitoring of expenditures and client services. A team of staff has reviewed the CSA computer system at 2 of the 22 jurisdictions that have implemented an electronic network. All the jurisdictions utilize the same system. Recommendations: Authorize the City Manager to enter into an agreement with Harmony Information Systems, Inc., such agreement to be approved as to form by the City Attorney, for a 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 July 2, 2001 Page 2 CSA computer based network and appropriate $100,000 from the Fiscal Year 00-01 Capital Maintenance and Equipment Replacement Program to a project account to be established by the Director of Finance in the Department of Technology Fund to purchase hardware, software, training, and maintenance for the system. Respectfully submitted, Darlene L. Bur~am Ci~ Manager GDR:tem C: Rolanda A. Johnson, Assistant City Manager for Community Development Glenn D. Radcliffe, Director of Human/Social Services Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Barry L. Key, Director of Management and Budget CM01-00127 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 6, 2001 File #60-192 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35446-070201 amending and reordaining certain sections of the 2001-02 Civic Center Fund Appropriations, in connection with revenues and expenses associated with a license agreement with Arena Ventures, LLC, for use of the Civic Center Coliseum. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 2, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Darlene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Operations Barry L. Key, Director, Management and Budget James M. Evans, Director of Civic Facilities N:\CKMHl~Agenda.01\July 2, 2001 correspondenc.wpd 5.a.4. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of July, 2001. No. 35446-070201. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Civic Center 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 Civic Center Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Operating Civic Center Operating (1-17) .................................. Civic Center Concessions (18-30) .............................. Civic Center Capital Outlay (31) ................................ Revenues Operating Civic Center Rentals (32-35) .................................. Civic Center Fees (36) ....................................... Event Expense (37-44) ....................................... Commissions (45) .......................................... 1) Regular Employee Salaries (005-550-2105-1002) $ 92,620 2) Temporary Employee Wages (005-550-2105-1004) 26,396 . 3) Retirement (005-550-2105-1105) 7,738 4) ICMA Match (005-550-2105-1116) 2,600 5) FICA (005-550-2105-1120) 9,105 6) Medical Insurance (005-550-2105-1125) 8,400 7) Dental Insurance (005-550-2105-1126) 740 8) Life Insurance (005-550-2105-1130) 741 9) Disability Insurance (005-550-2105-1131) 222 $ 4,626,912 3,246,662 875,979 1,263,890 $ 4,528,409 1,281,652 970,000 374,912 1,857,345 10) Fees for Professional Services 11) Electric 12) Natural Gas 13) Water and Sewage 14) Training and Development 15) Wearing Apparel 16) Rental Fees 17) Commissions and Royalties 18) Regular Employees Salaries 19) Temporary Employee Wages 20) Retirement 21) ICMA Match 22) FICA 23) Medical Insurance 24) Dental Insurance 25) Life Insurance 26) Disability Insurance 27) Fees for Professional Services 28) Maintenance Equipment 29) Sales Tax 30) Inventory Purchases 31) Other Equipment 32) Coliseum Rental 33) Admissions Tax 34) Novelty Fees 35) Facility Surcharge 36) Display Advertising 37) Cashiers 38) Security Guards and Police 39) Ushers and Ticket Takers 40) Event Coordinators 41) Event Receptionist 42) Fire Watch 43) Maintenance Staffl Electricians 44) Emergency Medical Service 45) Concessions (005-550-2105-2010) (005-550-2105-2022) (005-550-2105-2024) (005-550-2105-2026) (005-550-2105-2044) (005-550-2105-2064) (005-550-2105-3075) (005-550-2105-2102) (005-550-2109-1002) (005-550-2109-1004) (005-550-2109-1105) (005-550-2109-1116) (005-550-2109-1120) (005-550-2109-1125) (005-550-2109-1126) (005-550-2109-1130) (005-550-2109-1131) (005-550-2109-201 O) (005-550-2109-2048) (005-550-2109-2079) (005-550-2109-3016) (005-550-2108-9015) (005-110-1234-0936) (005-110-1234-0941) (005-110-1234-1070) (005-110-1234-1251) (005-110-1234-0935) (005-110-1234-0944) (005-110.1234-0945) (005-110-1234-0947) (005-110-1234-0981 ) (005-110-1234-0982) (005-110-1234-0986) (005-110-1234-1352) (005-110-1234-1353) (005-110-1234-0950) 240,108 17,980 8,845 2,175 13,701 5,000 36,000 434,091 26,969 65,424 2,265 650 7,068 2,100 185 216 72 52,339 13,085 6O,776 157,018 328,951 81,745 223166 81 124 218 617 100 000 17 459 57,216 87,785 10,156 2,772 5,013 15,111 8,400 715,016 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. 5.a.4. Office of the City Manager July 2, 2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable VVilliam 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 and Members of Council Subject: Budget Amendment to include Arena Ventures Revenue and Expenses Background: At its May 7, 2001 meeting, City Council authorized the City Manager to enter into a License Agreement between the City of Roanoke and Arena Ventures, LLC, for use of the Civic Center Coliseum and related facilities to provide a number of National' Basketball Development League (NBDL) basketball games and a certain number of events produced by SFX Concerts, Inc. in the Coliseum over a five year period. Additionally, City Council authorized certain financial arrangements in connection with the License Agreement with Arena Ventures, LLC. Revenues and expenses associated with this License Agreement need to be included in the Fiscal Year 2001-02 operating budget as a part of the Civic Facilities Budget. Additional revenues derived from this Agreement will more than offset expenses, with net revenues designated to pay debt service for Capital Improvements associated with this License Agreement. Additional full time positions needed to provide for the operation of these additional events include: General Supervisor Trades Helper Inventory Control Clerk Event Staff Supervisor Assistant Concessions Supervisor 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 July 2, 2001 Page 2 Recommended Action: Appropriate the revenues and expenses shown in Attachment 1 in the Civic Facilities Fund, and authorize five new positions in the Civic Facilities Fund. Respectfully submitted, City Manager C; Mary F. Parker, City Clerk William M. Hackworth City Attorney James D. Grisso, Director of Finance Barry L. Key, Director of Budget & Management James M. Evans, Director of Civic Facilities CM01-00134 Attachment 1 Revenues and Expenditures Expenditures 005-550-2105-1002 005-550-2105-1004 005-550-2105-1105 005-550-2105-1116 005-550-2105-1120 005-550-2105-1125 005-550-2105-1126 005-550-2105-1130 005-550-2105-1131 005-550-2109-1002 005-550-2109-1004 005-550-2109-1105 005-550-2109-1116 005-550-2109-1120 005-550-2109-1125 005-550-2109-1126 005-550-2109-1130 005-550-2109-1131 005-550-2105-2010 005-550-2105-2022 005-550-2105-2024 005-550-2105-2026 005-550-2105-2044 005-550-2105-2064 005-550-2105-3075 005-550-2105-2102 Personal Services Regular Employee Salaries Temporary Employee Wages Retirement ICM^ Match FICA Medical Insurance Dental Insurance Life Insurance Disability Insurance Regular Employee Salaries Temporary Employee Wages Retirement ICMA Match FICA Medical Insurance Dental Insurance Life Insurance Disability Insurance Operating Expenditures Fees for Professional Services Electric Natural Gas Water & Sewage Training & Development Wearing Apparel Rental Fees Commissions & Royalties Inventory Purchases Inventory Purchases $ 92,620 26,396 7,738 2,600 9,105 8,400 74O 741 222 $ 148,562 $ 26,969 65,424 2,265 65O 7,068 2,100 185 216 72 $ 104,949 $ 240,108 17,980 8,845 2,175 13,701 5,00O 36,000 434,091 $ 757,900 005-550-2109-3016 $ 157,018 005-550-2109-2010 005-550-2109-2048 005-550-2109-2079 005-550-2108-9015 Total Revenue 005-1234-110-0936 005-1234-110-0941 005-1234-110-1070 005-1234-110-1251 005-1234-110-0935 005-1234-110-0944 005-1234-110-0945 005-1234-110-0947 005-1234-110-0981 005-1234-110-0982 005-1234-110-0986 005-1234-110-XXXX 005-1234-110-XXXX 005-1234-110-0950 Operatin.q Expenditures Fees for Professional Services Maintenance Equipment Sales Tax Capital Outlay Other Equipment Civic Center Rentals Coliseum Rental Admissions Tax Novelty Fees Facility Surcharge Civic Center Fees Display Advertising Event Expense Cashiers Security Guards & Police Ushers & Ticket Takers Event Coordinators Event Receptionist Fire watch Maintenance Staff/Electricians Emergency Medical Service Commissions Concessions $ 52,339 13,085 60,776 $ 126,200 $ 328,951 $1,623,580 $ 81,745 223,166 81,124 218,617 $ 6O4,652 $ 100,000 $ 17,459 57,216 87,785 10,156 2,772 5,013 15,111 8,400 $ 203,912 $ 715,016 Total $1,623,580 Mary F. Parker, CMC City Clerk CITY OF R O,4NOKE Office of the City Clerk Stephanie M. Moon Deputy City Clerk July 6, 2001 File #60-246 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35447-070201 amending and reordaining certain sections of the Consortium Fund Appropriations, providing for appropriation of $1,327,629.00, in connection with WlA Allocations for Program Year 2001-02 for Title I grants from the Virginia Employment Commission to be used by the Fifth District Employment and Training Consortium. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 2, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Darlene L. Burcham, City Manager Rolanda A. Johnson, Assistant City Manager for Community Development Glenn D. Radcliffe, Director of Human Services George C. Snead, Jr., Assistant City Manager for Operations Barry L. Key, Director, Management and Budget N:\CKMHlXAgenda.01XJuly 2, 2001 correspondenc.wpd 5,a.$. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of July, 2001. No. 35447-070201. 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 and Training Consortium Other Jurisdictional Constitutions (1) ............................. Title I - Adult Program FY 02 (2-13) .............................. Title I - Youth In-School Program FY 02 (14-28) .................... Title I - Youth Out of School FY 02 (29-40) ........................ Administration FY 02 (41-50). Dislocated Workers Program I~'~)'2'i5'1')IIIIIIIIIIIIIIIIIIIIIIIII Revenues 5,654,713 7,700 370,434 319,874 137,089 132,164 362,083 Fifth District Employment and Training Consortium Other Jurisdictional Constitutions (52) ............................ Title I - Adult Program FY 02 (53) Titlel Youth In-School Programl~"(~'~:::::::::::::::::::::::::: Title I - Youth Out of School FY 02 (55) ........................... Administration FY 02 (56) ..................................... Dislocated Workers Program FY 02 (57) .......................... $ 5,654,713 7,700 370,434 319,874 137,089 132,164 362,083 1) Miscellaneous 2) Wages 3) Fringes 4) Travel 5) Communications 6) Supplies (034-633-2180-8360) $ 5,985 (034-633-2261-8050) 136,882 (034-633-2261-8051 ) 34,221 (034-633-2261-8052) 2,500 (034-633-2161-8053) 2,000 (034-633-2261-8055) 2,000 7) Insurance 8) Contractual Services 9) Equipment 10) Miscellaneous 11 ) Support Services 12) Tuition Assistance 13) On-the-Job Training 14) Wages 15) Fringes 16) Travel 17) Communications 18) Supplies 19) Insurance 20) Contractual Services 21) Equipment 22) Miscellaneous 23) Roanoke City Schools 24) DSLCC 25) TAP 26) STEP, Inc. 27) Roanoke County Schools 28) Holiness Tabernacle 29) Wages 30) Fringes 31) Travel 32) Communications 33) Supplies 34) Insurance 35) Contractual Services 36) Support Services 37) Tuition Assistance 38) On-the-Job Training 39) OS - TAP 40) OS - STEP, Inc. 41) Wages 42) Fringes 43) Travel 44) Communications 45) Supplies 46) Insurance 47) Contractual Services 48) Equipment 49) Miscellaneous 50) Board Staff 51) Contractual Services (034-633-2261.8056) (034-633-2261-8057) (034-633-2261.8059) (034-633-2261.8060) (034-633-2261-8461) (034-633-2261.8500) (034-633-2261-8501) (034-633-2263-8050) (034-633-2263-8051 ) (034-633-2263-8052) (034-633-2263-8053) (034-633-2263-8055) (034-633-2263-8056) (034-633-2263-8057) (034-633-2263-8059) (034-633-2263-8060) (034-633-2263-8231 ) (034-633-2263-8232) (034-633-2263-8233) (034-633-2263-8234) (034-633-2263-8235) (034-633-2263-8238) (034-633-2264-8050) (034-633-2264-8051 ) (034-633-2264-8052) (034-633-2264-8053) (034-633-2264-8055) (034-633-2264-8056) (034-633-2264-8057) (034-633-2264-8461 ) (034-633-2264-8500) (034-633-2264-8501 ) (034-633-2264-8236) (034-633-2264-8237) (034-633-2200-8050) (034-633-2200-8051 ) (034-633-2200-8052) (034-633-2200-8053) (034-633-2200-8055) (034-633-2200-8056) (034-633-2200-8057) (034-633-2200-8059) (034-633-2200-8060) (034-633-2200-8049) (034-633-2281-8057) $ 1,000 17,000 1,000 3 831 25,000 135 000 10 000 46.681 11 670 1.000 750 750 500 11,900 250 6,373 39,000 40,000 39,000 47,000 55,000 20,000 64,026 15,963 5OO 500 5O0 50O 5,100 1,000 4,500 4,500 20,000 20,000 28,990 7,247 6,000 1,500 1,000' 1,000 13,000 500 7,927 65,000 362,083 52) Other Jurisdictional Revenue 53) Adult Program - Revenue 54) Youth-In-School Revenue 55) Youth Out of School Revenue 56) Administrative Revenue 57) Dislocated Worker Revenue (034-633-2180_2180) (034-633-2261_2261) (034-633-2263-2263) .(034'633'2264'2264) (034-633-2200-2200) (034-633-2281.2281) $ 5,985 370,434 319,874 137,089 132,164 362,083 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. 5.a.5. Office of the City Manager July 2, 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 Council: Subject: Funding for the Fifth District Employment and Training Consortium Background: The Fifth District Employment and Training Consortium (FDETC) administers the federally funded Workforce Investment Act (WlA) for the region, which encompasses the counties of Alleghany, Botetourt, Craig, Franklin and Roanoke as well as the cities of Covington, Roanoke and Salem. WlA 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 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 the WIA Allocations for Program Year 2001-2002 for Title I grants in the amount of: $411,593 - (Adult) $507,737 - (Youth) $402,314 - (Dislocated Worker) Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 240] 1-1591 CityWeb:www, ci.roanoke.va.us (540) 853-2333 FAX (540) 853-1138 Honorable Mayor and Members of Council July 2, 2001 Page 2 Member jurisdictions of the Fifth District Employment and Training Consortium contribute funds to offset the agency's administrative costs. The City of Salem has sent a contribution of $5,985 for the fiscal year 2001. Considerations: Program Operations - Existing activities will continue and planned programs will be implemented and completed within planned time frames, July 1, 2001 through June 30, 2002. - _Funding - Funds are available from the Grantor agency and other sources as indicated. No additional funds are required from the City. Recommended Action Appropriate the FDETC's funding totaling $1,327,629 and increase the revenue estimate by $1,327,629 in accounts to be established in the Consortium fund by the Director of Finance. DLB:wc Re~,~_ectfu~ily submi~ed, City Manager 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 Glenn Radcliffe, Director of Human Services CM01-00123 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 6, 2001 File #277 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35448-070201 authorizing execution of a Downtown Services District Services Agreement between the City of Roanoke and Downtown Roanoke, Inc., for a term of five years commencing July 1, 2001, and ending June 30, 2006, which will provide that Downtown Roanoke, Inc., will undertake certain activities as required by terms of the agreement. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 2, 2001. Sincerely, Mary F. City Clerk MFP:mh Attachment pc: R. Matthew Kennell, President, Downtown Roanoke, Inc., 213 Market Street, Roanoke, Virginia 24011 James D. Grisso, Director of Finance Elizabeth Neu, Director of Economic Development H:XAgenda.01 x July 2,2001 correspondenc.wpd 5.a.7. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 2001. No. 35448-070201. A RESOLUTION auihorizing the execution of a Downtown Service District Services Agreement between the City of Roanoke, Virginia, and Downtown Roanoke, Inc. (DRI), that will provide for DRI to undertake certain activities within the Downtown Service District of the City; and authorizing the City Manager to take such further action as is necessary to implement and administer the terms of such Agreement. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized to execute and to attest, respectively, a Downtown Service District Services Agreement between the City and Downtown Roanoke, Inc., for a term of five years commencing July 1, 2001, and ending June 30, 2006, and which will provide that DRI will undertake certain activities as required by the terms of the Agreement which is attached to the City Manager's letter to this Council dated July 2, 2001. 2. The Agreement shall be substantially similar to the one that is attached to the above mentioned City Manager's letter, and shall be approved as to form by the City Attorney. 3. The City Manager is authorized to take such further action as may be necessary to implement and administer the terms of the Agreement referred to above. ATTEST: City Clerk. H:~.,I EA SURE S~r-do wndri. 1 5.a.7. Office of the City Manager July 2, 2001 The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable Ralph K. Smith, Mayor William Carder, Vice-Mayor William Bestpitch, Council Member Nelson Harris, Council Member Alvin Hudson, Council Member William White, Council Member Linda Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Downtown Service District Services Agreement In 1986 the City of Roanoke established the Downtown Service District. Subsequently, an Agreement was entered into between the City and Downtown Roanoke, Inc. (DRI) to provide the net revenue generated from the Downtown Service District to DRI, less the City's direct costs, in order to provide promotional services within the downtown district. The first Agreement was for a one year term from July 1, 1987, that would be automatically extended on a year to year basis for up to five years. That Agreement was amended to provide for further annual extensions until June 30,2001. An Agreement, substantially similar to the one that has been in effect since 1987 has been negotiated with DRI, a copy of which is attached hereto. The attached Agreement is for a single five year term. Promoting and developing downtown continues to be a priority of the City Council and other civic leaders. The services provided by DRI the past several years have enhanced downtown businesses and the livability of our city. Recommendation: Authorize the City Manager to execute a Downtown Service District Services Agreement between the City of Roanoke and DRI for a period of five years, from Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-~ 138 CityWeb:www. ci.roanoke.va.us The Honorable Mayor and Members of Council July 2, 2001 Page 2 July 1, 2001, through June 30, 2006, that is substantially similar to the one attached hereto; such agreement to be approved as to form by the City Attorney. Respectfully submitted, City Manager DLB:ean Attachments C.' James D. Grisso, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk Beth Neu, Director of Economic Development CM01-00094 DOWNTOWN SERVICE DISTRICT SERVICES AGREEMENT THIS AGREEMENT, is dated this 1st day of July, 2001, by and between the CITY OF ROANOKE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, and DOWNTOWN ROANOKE, INC., a corporation organized under the laws of the Commonwealth of Virginia; WITNESSETH: I. BACKGROUND Sections 15.2-2400 et. seq., of the Code of Virginia, 1950, as amended, provide in part that the governing body of a city may, by ordinance, designate a "service district" in order to provide additional or more complete services of government than are desired in the city as a whole. The governing body of a city may, under the pro- visions of § 15.2-2403(4) of the Code of Virginia, contract with any finn to provide such additional governmental services in a service district. Under the provisions of § 15.2-2403(6) of the Code of Virginia, the governing body may also levy and collect an annual tax on the property in a service district to pay the cost of providing additional governmental services in the district. Downtown Roanoke, Inc. is a non-profit corporation organized in 1960 for the purpose of promoting the preservation and development of the central business district of the City of Roanoke. In 1986, the Downtown Management Task Force of the City of Roanoke, under the aegis of Downtown Roanoke, Inc., recommended the establishment of a downtown service district (the "Downtown Service District") for the City of Roanoke to promote economic development, management and community relations in the downtown area. By letter of July 1, 1986 to the Honorable Clifton A. Woodrum, the Attorney General of Virginia opined that the purposes for which a City of Roanoke downtown service district would be established constitute "additional governmental services" within the meaning of § 15.1-18.2 of the Code of Virginia as then in effect. On October 14, 1986, Downtown Roanoke, Inc. formally proposed to the City of Roanoke the creation of a Downtown Service District. On December 8, 1986, the Council of the City of Roanoke adopted Ordinance No. 28453 providing for the creation of a Downtown Service District for the City of Roanoke in order to "provide additional governmental services not being offered uniformly throughout the entire City, including but not limited to, economic and business development and promotional activities intended to foster business retention, business recruitment and developer recruitment; planning for the development or revitalization of down- town and for the transportation and public facility and public space needs of downtown; and those public purposes enumerated in § 15.1-18.2(b), Code of Virginia (1950), as amended." Ordinance No. 28453 amended the Code of the City of Roanoke (1979) by the addition of new Sections 32-102, Downtown Service District Created; 32-102.1, Additional Tax Imposed; 32-102.2 Downtown Service District Defined; 32-102.3, Purposes of Tax; and 32-102.4, Other Powers and Duties. The terms of Ordinance No. 28453 provide that it shall be in full force and effect on July 1, 1987. II. PURPOSE OF AGREEMENT The City of Roanoke desires to contract with Downtown Roanoke, Inc. as an independent contractor on behalf of the City to foster economic advancement and development of the Downtown Service District, and Downtown Roanoke, Inc. desires to serve in such capacity, on the terms and conditions set forth below. III. AGREEMENT In consideration of the mutual covenants and obligations herein, the City of Roanoke (hereinafter "City") and Downtown Roanoke, Inc. (hereinafter "DRI") covenant and agree as follows: 3.1. Independent Contractor Relationship. During the term of this Agreement, DRI shall be the independent contractor of the City for the purpose of undertaking the development activities in the Downtown Service District as defined by geographic boundary in § 32-102.2, Code of the City of Roanoke, with tax revenues generated from the Downtown Service District pursuant to City Code § 32-102.1. In the event that the geographic boundaries of the Downtown Service District are amended by City, the area covered by this Agreement shall be automatically amended to correspond to the boundaries as then defined without the need to take further action hereunder. City agrees not to create any other contiguous predominantly business service district without first evaluating the possibility of expanding the Downtown Service District to cover the proposed area. 3.2. Term. The term of this Agreement shall be for five years, commencing July 1, 2001 and ending on June 30, 2006. 3.3. Activities to be Undertaken. Funds made available to DRI will be applied to provide additional governmental services to the Downtown Service District which are not being offered uniformly throughout the entire City, including but not limited to: (a) intended to activities developer recruitment; Economic and business development and promotional foster business retention, business recruitment and planning for the development or revitalization of downtown Roanoke and for the transportation and public facility and public space needs of downtown Roanoke; and (b) Those other activities set forth in Virginia Code § 15.2- 2403 as shall be agreed upon from time to time by the City Manager and DRI. 3.4. Prohibited Activities. No Downtown Service District funds from the City shall be expended by DRI for the following purposes: (a) Promotion of individual businesses; (b) Support of partisan political activities or lobbying of any legislative body, including the Roanoke City Council; (c) Acquisition of real property or construction of public facilities, except with the express consent of the City Council; (d) Promotion or development of any area outside the Downtown Service District not incidental to promotion or development of the Downtown Service District. 3.5. Overhead Reimbursement. The parties contemplate that the activities undertaken by DRI in connection with the Downtown Service District will constitute the principal activity of DRI during the term of this Agreement. As compensation for its services, DRI shall be entitled to apply from the funds received from the City an amount sufficient to cover a pro-rata share of DRI's overhead expense, including salaries and benefits, expenses and rents, based on total DRI receipts. 3.6. Work Program/Budget. No later than May 1 of each year during the term of this Agreement DRI shall submit to the City Manager for approval a work program and budget setting forth in reasonable detail the Downtown Service District activities planned for the next year and the anticipated expenditures of City funds involved. The City Manager shall approve or otherwise respond to the proposed work program and budget no later than June 1 in order that any necessary modifications be settled upon before July 1. Within the parameters established by the approved program and budget, and subject to the express limiting terms and conditions of §§ 15.2-2400 et__~. seq., of the Code of Virginia and §§ 32-102 et. seq. of the Code of the City of Roanoke (1979), as amended, and of this Agreement, DRI shall have the discretionary authority to carry out the Downtown Service District activities in such manner as it deems appropriate. 3.7. Disbursements to DRI. (a) For purposes of this section, the phrase "actual net revenues" shall mean actual tax receipts to the City under § 32-102.1, Code of the City of Roanoke, less the City's direct costs incurred in collecting and administering such receipts as provided by § 32-102.3, Code of the City of Roanoke, currently charged at $2000. It is contemplated that the $2000 charge will not increase during the term of 5 this Agreement. In no year shall total payments to DRI exceed actual net revenues for the year. (b) The Director of Finance shall prior to March 1 make an estimate of actual net revenues to be received by the City pursuant to § 32-102.1 during the next succeeding fiscal year. Such estimate shall be provided to DRI prior to March 1 of each year for use by DRI in planning and budgeting for the next succeeding fiscal year (July 1 to June 30). (c) The City shall make two payments to DRI: one on October 15 and one on April 15. The first payment shall be in an amount equal to one-half of the City Director of Finance's estimate of actual net revenues to the City under § 32-102.1 for the City's fiscal year. The second payment shall be in an amount equal to one-half of the City Director of Finance's estimate of actual net revenues to the City under § 32- 102.1 for the city's fiscal year. At the conclusion of each fiscal year, the City shall compare actual net revenues for such fiscal year to the payments made to DRI during such fiscal year, and on or before July 15 of each year, the City shall provide DRI with a detailed accounting of property assessments for all properties in the Downtown Service District, the amount of taxes billed to the property owners, the amount of taxes collected from the property owners, and the amount of taxes delinquent. The City shall pay to DRI the difference between actual net revenues and the total amount of the payments made to DRI prior to the conclusion of the fiscal year. Should the total amount of the two payments made to DRI in any fiscal year exceed actual net revenues, then the amount of such overpayment shall be withheld from the first payment for the next fiscal year or as mutually agreed upon. 3.8. Subcontracting. It is contemplated that DRI will from time to time contract with firms and individuals for the acquisition of goods or services in the furtherance of the activities contemplated by this Agreement. DRI will not enter into any contract relating to activities contemplated by this Agreement or involving the expenditure of funds provided to DRI by the City under this Agreement where the amount of such contract is $5,000 or more without written authorization of the City Manager unless the amount of the contract sum and the nature of the goods or services to be acquired were disclosed in the work program and budget submitted for the year in which the contract is to commence. 3.9. Books and Records, Audits. DRI shall keep accurate books and records of all City funds received and disbursed, and of all activities undertaken pursuant to this Agreement. DRI will make such books and records available to the Municipal Auditor of the City or other independent auditor selected by the City during its regular office hours. 3.10. Contacts with Prospective Developers. DRI shall inform the City's Director of Economic Development on a regular basis of all contacts with or by potential developers with interest in the Downtown Service District. A representative from the City's Economic Development Office shall have the right to be present at any presentations by or to interested developers. 3.11. Board of Directors. During the term of this Agreement, DRI shall elect one representative from and designated by the City Council to be an ex officio member of the Board of Directors of DRI with full voting rights and privileges. 7 3.12. Indemnification. DRI shall indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, legal actions and judgments advanced against the City or its officers, agents or employees, and for expenses the City may incur in this regard, arising out of DRI's sole and exclusive negligent acts or omissions, intentional and unintentional, with respect to carrying out this Agreement or exercising any rights, privileges or duties granted by the City to DRI through this Agreement. DRI shall have no indemnification obligation with respect to any claim, legal action, judgment, loss, cost, expense or damage for which a demand for indemnification is not received by DRI on or prior to the date which is five years from the date of expiration or termination of this Agreement. 3.13. _I. nsurance. (a) DRI shall obtain and maintain during the life of this Agreement a policy or policies of comprehensive general liability insurance with an insurance company or companies licensed to do business in Virginia, which policy or policies shall provide coverage with respect to claims arising out of the subject matter of this Agreement. The amount of such insurance shall not be less than: 1. In the case of bodily injury liability insurance, $500,000.00 for injuries, including death, to one person in any one occurrence, and $1,000,000.00 annual aggregate; 2. In the case of property damage insurance, $500,000.00 for damage in any one occurrence, and $1,000,000.00 annual aggregate; 3. The above amounts may be met by "umbrella" coverage in a minimum amount of $1,000,000.00, provided that such "umbrella" 8 coverage shall pick up at the maximum levels of underlying coverages so that there shall be no gaps in coverage. (b) DRI shall name the City and its officers, agents and employees, as additional insureds on the above policies. (c) DRI shall furnish the City with certificates evidencing the required coverage and containing a statement to the effect that the coverage shall not be cancelled or materially altered except after ten (10) days' written notice to the City. (d) During the life of this Agreement DRI shall furnish the City with a fidelity bond on its employees in an amount not less than $100,000.00. 3.14. Assignment. Neither the City nor DRI may assign its rights or obligations hereunder without the prior written consent of the other. 3.15. Notices. Any notices required by the terms of this Agreement shall be deemed to have been given when delivered in person to or deposited in the U.S. mail, postage pre-paid, registered or certified, addressed to: (a) If to the City: City Manager City of Roanoke Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 And Director of Economic Development City of Roanoke 111 Franklin, Suite 200 Roanoke, VA 24011 9 (b) If to DRI: President Downtown Roanoke, Inc. 213 Market Street Roanoke, VA 24011 or at such other address as each party may designate for itself by notice given in accordance with this Section 3.15. 10 3.16. Termination. The City or DRI may terminate this Agreement at any time, for cause, by giving notice pursuant to Section 3.15 of this Agreement provided that reasonable notice and opportunity to cure shall first be afforded. The City may terminate this Agreement at any time if DRI applies funds paid to DRI by the City for any purpose other than the purposes contemplated by this Agreement, provided that reasonable notice and opportunity to cure shall first be afforded. WITNESS the following signatures as of the date first above written. ATTEST: CITY OF ROANOKE City Clerk By City Manager ATTEST: Its Secretary Funds required for this contract certified: Director of Finance Date: Account number: DOWNTOWN ROANOKE, INC. By Its President Approved as to Form: City Attorney/Assistant City Attorney Approved as to Execution: City Attorney/Assistant City Attorney 11 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 6, 2001 File #67-373 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35449-070201 authorizing the lease of one 15-passenger van from Dominion Dodge, Inc., for use by the City of Roanoke Parks and Recreation Department in the Outdoor Adventure Summer Camp Program, for a period of eight weeks, at a rate of $100.00 per week, and providing for indemnification of Dominion Dodge, Inc., and its employees and officers by the City, in accordance with terms contained in the lease agreement. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 2, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc; Andy Kaplan, President, Dominion Dodge, 1259 East Main Street, Salem, Virginia 24153 James D. Grisso, Director of Finance Rolanda A. Johnson, Assistant City Manager for Community Development Glenn A. Asher, Risk Management Officer Wanda B. Reed, Acting Director of Parks and Recreation HSAgenda.01~July 2, 2001 correspondenc.wpd 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 July 18, 2001 Andy Kaplan, President Dominion Dodge 1259 East Main Street Salem, Virginia 24153 Dear Mr. Kaplan: On behalf of the City of Roanoke,. I would like to sincerely thank Dominion Dodge for negotiating such a favorable rate for the City's lease of a 15 passenger van for use by our Parks and Recreation Department Summer Program. It is my understanding that the usual rate for this type of van is $800.00 per week as opposed to the $100.00 per week for eight weeks that Dominion Dodge has negotiated with the City. Many thanks for your supPort of the City of Roanoke and the programs sponsored by our Department of Parks and Recreation. VVith best regards, I am Mayor RKS:mfp:jj 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, 5.a.8. The 2nd day of JulY, 2001. No. 35449-070201. A RESOLUTION authorizing the lease of one 15-passenger van from Dominion Dodge, Inc., for use by the Parks and Recreation Department in the Outdoor Adventure Summer Camp program for a period of eight weeks, upon certain terms and conditions. WHEREAS, the van used to transport summer campers was retired by Fleet Management due to the prohibitive cost of making the required repairs; and WHEREAS, the City of Roanoke has negotiated a lease for a 15-passenger van for a reasonable price and funding will be recovered by camp fees paid by participants in the Outdoor Adventure Summer Camp program. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and City Clerk are hereby authorized to execute and attest, respectively, a lease agreement with Dominion Dodge, Inc., providing for the leasing of one (1) 15-passenger van for use by the Parks and Recreation Department in the Outdoor Adventure Summer Camp program for a period of eight weeks, at a rate of $100.00 per week, for a total of $800.00, and providing for indemnification of Dominion Dodge, Inc., and its employees and officers by the City in accordance with the terms of the lease agreement attached to the City Manager's letter dated July 2,2001, to this Council, upon form approved by the City Attorney, and upon certain terms and conditions set forth in the City Manager's letter dated July 2, 2001, to this Council. ATTEST: HARES'~R-Lease of Van (Dom. Dodge-P&R) ('1-2-0 I) City Clerk. 5.a.8. Office of the City Manager July 2, 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: Background: Subject: Leasing a 15 passenger van from Dominion Dodge for summer Recreation Programs The Parks and Recreation Department operates eight weeks of Outdoor Adventure Summer camps and other recreation programs. Transportation to remote outdoor sites is a necessity for this camp. The Parks and Recreation Department's van, used to transport the program Participants, was retired by Fleet Management due to the prohibitive cost of making required repairs. A replacement van will be purchased in next year's budget. In order to have transportation available for this summer's camps and other programs, the City of Roanoke has negotiated with Dominion Dodge to lease a 15 passenger van for the 8 week period of July 6, 2001 through August 31 2001 at $100 per week. , Considerations: The $100 per week for 8 weeks price negotiated with Dominion Dodge is significantly lower than the usual rate of $800.00 per week. Funding for this vehicle will be recovered by camp fees paid by Participants. When the City of Roanoke signs the lease we are indemnifying Dominion Dodge and listing Dominion Dodge on City of Roanoke's Auto Insurance. Recommended Action: Approve the City Manager and the City Clerk to execute and attest, respectively, execute the attached lease agreement with Dominion Dodge, Inc., such agreement to Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-159~ CityWeb:www. ci.roanoke.va.us (540) 853-2333 FAX (540) 853-] 138 Honorable Mayor and Members of Council July 2, 2001 Page 2 be approved as to form by the City Attorney, for a 15 passenger van for eight weeks at $100.00 per week or $800.00 total. The City of Roanoke will also pay for fuel and minor repairs, if needed. Payment will be made from account 001-620-7110-2099. Respectfully submitted, City Manager DLB:kaj C: Rolanda Johnson, Assistant City Manager of Community Development Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Glenn A. Asher, Risk Management Officer Wanda B. Reed, Acting Director of Parks and Recreation. #CM01-00135 CLOSED END ] Lease No. Lease Agreement Lease Agreement, made this ~,~ L'~ ~/'~ between and '~(~),~/~O)(~ ""/3,'~--~1~--~ ,Z~.,~_ day of (hereinafter called "Lessor"), (hereinafter called "Lessee"). 1. Leased Vehicles, Rental Payment and Term. Lessor hereby agrees to lease to Lessee, and Lessee hereby agrees to lease from Lessor, the motor vehicle(s) specified on the Vehicle Lease Order forms(s), executed by Lessee, and accepted by Lessor, at the rental rate specified on each Order form. Said Order form(s) is incorporated herein by reference and hereafter refered to as Lessee's Order. The term "vehicle" when used in this Agreement shall mean motor vehicle(s) leased hereunder by Lessee. Lessee agrees to pay each total monthly rental in advance without deduction, setoff or counterclaim, and also agrees to pay as additional rent a charge per mile for mileage in excess of agreed allowance on the dates and at the place as specified in Lessee's Order. If the delivery date is other than the first or the last day of the month the monthly rate shall be prorated for that mohth. The normal term of this Agreement with respect to the vehicle shall be as specified in Lessee's Order and shall commence on the delivery date of such vehicle. Lessor is hereby authorized to insert the delivery date and vehicle identification number on Lessee's Order. This Agreement shall constitute the master lease and shall be deemed to comprise as many individual leases as there are vehicles which may be delivered by Lessor to Lessee under individual orders. This Agreement is one of leasing only and the Lessee shall not have or acquire any right, title, or interest in or to the vehicle except the right to use or operate it as provided herein. · 2. Maintenance and Repaira. Lessee shall keep and maintain each vehicle in good operating condition and working'order, using as a guide the maintenance program prescribed in the Operator's Manual, and shall perform all preventive maintenance required to insure full validation of the manufacturer's warranty. Lessee shall be responsible for the cost of all gasoline, oil required between changes, and all washing, polishing and storage, to the extent necessary to maintain the vehicle in good condition. Lessee shall maintain proper oil. battery and cooling levels and protection against freezing of the radiator and engine. Lessee will not alter or adjust Odometer, Emission Control Equipment or, any items that may nullify the manufacturer's warranty on the vehicle. Lessor will be responsible for such maintenance costs as are assumed by it on Lessee's Order and except for such costs, Lessee will pay for all maintenance not covered by the manufacturer's warranty. If any vehicle for which Lessor has agreed to provide maintenance is cut of service fo,- repairs for more than thirty (30) days, rent shall cease until the vehicle has been repaired or a substitute vehicle has been provided Lessee. 3, Insurance. Insurance shall be procurred for each vehicle and shall be tnaintained during the term of the lease as provided in Lessee's Order with companies satisfactory to Lessor. Prior to delivery of any vehicle, proof of insurance will be provided as required by Lessee and/or Lessor. If Lessee provides insurance, such insurance shall be endorsed to provide that Insurer will notify Lessor immediately in the event the insurance should be materially altered or cancelled, and Lessor may (but shall not be obligated to) secure necessary insurance protection at Lessae's expense. Lessor's charges for insurance are subject to escalation annually to reflect changes in the cost of insurance to Lessor. If such charges increase, Lesse~ shall have the option of providing his own insurance. If Lessor has agreed to provide insurance, Lessor may nevertheless require that such insurance be provided by Lessee if Lessor deems the vehicle to be exposed to extraordinary risk or if Lessor's Insurer cancels its policies covering such vehicle. Lessor will makean appropriate adjustment in the monthly rental charges in event Lessee is required to. provide insurance. Lessee and Lessor, their agents or employees, shall comply with all the terms and conditions of said insurance policy, including the immediate reporting of all accidents to Lessor and Insurer, and do all things necessary or proper to protect or preserve the other party's rights as a named insured in said insurance policies. All insurance policies covering the vehicle shall be endorsed to protect, as their interest may appear, Lessee, Lessor and any other person having an interest in the vehicle. If Lessee has agreed to procure insurance, Lessor will be named as an additional insured and loss payee on all such policies. 10. Default. Time is of the essense of this Agreement and in the event that Lessee fails to pay in full on the date due any rental payment due hereunder, or defaults in the performance of any of the other terms, conditions and covenants contained herein, or in the event of Lessee's bankruptcy or insolvency, or if the lease vehicles be levied upon or encumbered in any way, or if at any time, in the exclusive judgement of Lessor. his rights in the leased vehicles in any way shall be preiudiced or rendered insecure, Lessor shall have the right to take immediate possession of the vehicles wherever found, with or without process of law, and to terminate the lease with the respect to such vehicles, and Lessee expressly authorizes Lessor and its agents to enter on any premises where the vehicle may be found for the purpose of repossessing such vehicles, and expressly waives any further interest in the vehicles and any right of action arising out of such entry and repossession. Lessor shall not be liable in damages for any termination pursuant to this paragraph. Lessee shall, however, upon termination pursuant to this paragraph be immediately responsible for the payment of all amounts due under the lease agreement through the date of termination, for the loss, (if any), resulting from the sale of the vehicle pursuant to the provisions of paragraph 6 hereof entitled "Premature Termination", (with the gain, if any, to be applied by Lessor to the payment of amounts due under this paragraph), for liquidated damages of One Hundred Dollars to compensate Lessor for the inconvenience and expense of the default termination, and in addition to the above for any specific damages Lessor may have sustained as a result of Lessee's default including, but not limited to, out of pocket costs of repossession and attorney's fees. If Lessee fails to accept delivery of any vehicle ordered hereunder, Lessor may retain any security deposit as liquidated damages. 11. General and Miscellaneous. 1*his instrument constitutes the entire Agreement between the parties hereto and shall be binding on their heirs, executors, administrators and their legal representative, successors and assigns. All of Lessee's Orders executed by Lessee and accepted by Lessor pursuant to this Agreement expressly constitute a part of this Agreement, and Lessee authorizes Lessor to apply to the payment of any sums due Lessor hereunder as rent or otherwise, any security deposit or other sum of money belonging to Lessee, which may come into Lessor's possession. This Agreement may not be amended or altered in any manner except in writing signed by both parties. No forebearance to exercise any rights or priviledges under this Agreement or waiver of any breach of any of its terms shall be construed as a waiver of any such terms, rights or privileges, but the same shall continue and remain in full force and effect the same as if no such forbearance or waiver had occurred. Neither this Agreement nor any interest herein may be assigned by Lessee without the prior consent of Lessor thereto in writing. This lease or its interest or any rent due or to become due may, however, be assigned by Lessor without consent of Lessee, but subject to the rights of Lessee hereunder. This Agreement shall be interpreted under and governed by the law of the state in which Lessor maintains its principal place of business. If any provision hereof or the application of any provision to any person or circumstances is held invalid or unenforceable, the remainder hereof and the application of such provision to other persons or circumstances shall remain valid and enforceable. Any notice given by one party to the other under this Agreement shall be given in writing at the address of the other party set out in Lessee's Order, or at such other address as may have been furnished in writing for such purpose. 12. Special Provisions and Deletions. Special provisions and deletions, if any, are listed below: IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written, By By.. (Title) ('ritle) COmmOnWEALTH OF DePartment of ~otor Vehicles Self-'Insurer Certificate This is to Certify: CITY OF ROANOKE has been approved as a SELF-INSURER under the Virginia Motor Vehicle Safety Responsibility Act, and assigned number Si 1~2 by the Commissioner of the Department of Motor Vehicles. This number is to be stamped on all accident reports filed. This approval effective March 21, 1986 cancelled at the will of the Commissioner. and may, upon due notice and hearing, be Form SR $05 R~. SItS In Testimony Whereof, I have hereunto subscribed my name at Richmond, this 21 th day bf Hatch in the year of our Lord, one thousand nine hundredand eighty-six Commissioner DEPARTMENT OF MOTOR VEHICLES CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 6, 2001 File #102-405 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35451-070201 authorizing issuance by the City Manager of Amendment No. 2 to the City's contract with Mattern & Craig, Inc., for additional engineering serVices for inspection of 32 bridges and the Century Station Parking Garage, representing a $67,900.00 increase in the total amount of the contract. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 2, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Steve A. Campbell, Principal, Mattern & Craig, Inc., 701 First Street, S. W., Roanoke, Virginia 24016 James D. Grisso, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations Robert K. Bengtson, Director, Public Works HSAgenda.01',July 2, 2001 correspondcnc.wpd 5.a.9. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of JulY, 2001. No. 35451-070201. A RESOLUTION abthorizing the City Manager's issuance of Amendment No. 2 to the City's contract with Mattem & Craig, Inc., for additional engineering services for the inspections of 32 bridges and the Century Station Parking Garage. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is authorized to execute for and on behalf of the City, upon form approved by the City Attorney, Amendment No. 2 to the City's contract with Mattem & Craig, Inc., for additional engineering services for the inspections of 32 bridges and the Century Station Parking Garage, all as more fully set forth in the letter to this Council dated July 2, 2001. 2. The Amendment No. 2 will provide authorization for additions in the work with an increase in the amount of $67,900.00 to the contract, all as set forth in the above letter. ATTEST: City Clerk. HAMEA SURES'a'-mat~mbridg¢. 1 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 6, 2001 File #102-405 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35450-070201 authorizing issuance by the City Manager of Amendment No. 2 to the City's contract with Hayes, Seay, Mattern & Mattern, Inc., for additional engineering services for inspection of 30 bridges and one tunnel, representing a $55,000.00 increase in the total amount of the contract. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 2, 2001. Sincerely, ry . arker, CMC City Clerk MFP:mh Attachment pc: Cecil G. Doyle, President, Hayes, Seay, Mattern & Mattern, Inc., 1315 Franklin Road, S. W., Roanoke, Virginia 24016 James D. Grisso, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations Robert K. Bengtson, Director, Public Works H:XAgenda.01~uly 2, 2001 correspondenc.wpd 5.a.9. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 2001. No. 35450-070201. A RESOLUTION authorizing the City Manager's issuance of Amendment No. 2 to the City's contract with Hayes, Seay, Mattem & Mattern, Inc., for additional engineering services for the inspections of 30 bridges and 1 tunnel (underpass). BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is authorized to execute for and on behalf of the City, upon form approved by the City Attorney, Amendment No. 2 to the City's contract with Hayes, Seay, Mattern & Mattern, Inc., for additional engineering services for the inspections of 30 bridges and 1 tunnel (underpass), all as more fully set forth in the letter to this Council dated July 2, 2001. 2. The Amendment No. 2 will provide authorization for additions in the work with an increase in the amount of $55,000.00 to the contract, all as set forth in the above letter. ATTEST: City Clerk. H:'uMEA S LrRESh-- hs mmbridge. 1 5.a.9. Office of the City Manager July 2, 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: Bridge Inspection Program Amendment No. 2 to Agreements for Consultant Services Year 3 The 1978 Surface Transportation Act enacted by Congress requires that all bridges, including "off Federal Aid System" structures, must be included in the bi-annual inspection program. Supplementary Bridge Inspection Reports are required on sixty-two (62) structures in the City of Roanoke this year. The inspection of one (1) parking structure is also required this year. On June 7, 1999, City Council authorized Agreements for Consultant Services for 3 years with Hayes, Seay, Mattern & Mattern, Inc., and Mattern & Craig, Inc. to conduct the above inspection services for that period which includes FY 2001-2002. City Council approval is requested to authorize the execution of amendments to the above Agreements for Consultant Inspection Services for 2001 as follows: Agreement with Hayes, Seay, Mattern & Mattern, Inc. 2001 Bridge Inspection: 30 Bridges 1 Tunnel (Underpass) $ 55,000 A.qreement with Mattern & Craig, Inc. 2001 Bridge Inspection: 32 Bridges Century Station Parking Garage Total Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 CityWeb:www. ci.roanoke.va.us (540) 853-2333 671900 FAX (540) 853-1138 The Honorable Mayor and Members of Council July 2, 2001 Page 2 Funding is available as follows: Bridge Inspections, account no. 001-530-4310-3072 Century Station Parking Garage, account no. 007-540-8200-2050 Total Recommended Action: $117,200 5 7O0 Authorize the City Manager to execute Amendment No. 2 to each of the Agreements for Consultant Services with Hayes, Seay, Mattern & Mattern, Inc. and Mattern & Craig, Inc. in the amounts of $55,000 and $67,900 respectively, for the inspection services set forth above. Respectfully submitted, City Manager DLB/JGB/na C.' Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance # CM01-00099 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 6, 2001 File #60-53 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Resolution No. 35453-070201 reallocating certain proceeds of City of Roanoke General Obligation Public Improvement Bonds, Series 1992A, Series 1996A and Series 1999A. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 2, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Donald G. Gurney, Hawkins Delafield & Wood, 67 Wall Street, New York, NY 10005 The Honorable David C. Anderson, City Treasurer Darlene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Operations Robert K. Bengtson, Director, Public Works Phillip C. Schirmer, City Engineer Barry L. Key, Director, Management and Budget H:~Agenda.01XJuly 2, 2001 correspondenc.wpd $.b.1. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 2001. No. 35453-070201. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, REALLOCATING CERTAIN PROCEEDS OF ITS GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES 1992A, OF ITS GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES 1996A, AND OF ITS GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES 1999A BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROANOKE: SECTION 1. Findings and Determinations. The City Council (the "Council") of the City of Roanoke, Virginia (the "City"), hereby finds and determines as follows: (a) In order to finance a portion of the City's ongoing program of various categories of public improvement projects, including, among other things, storm drain projects, the City has heretofore issued (i) its $15,250,000 principal amount of City of Roanoke, Virginia, General Obligation Public Improvement Bonds, Series 1992A, dated January 1, 1992; (ii) its $23,000,000 principal amount of City of Roanoke, Virginia, General Obligation Public Improvement Bonds, Series 1996A, dated January 1, 1996 (the "Series 1996A Bonds"); and (iii) its $26,020,000 principal amount of City of Roanoke, Virginia, General Obligation Public Improvement Bonds, Series 1999A, dated October 1, 1999 (the "Series 1999A Bonds"). (b) For the purpose of complying with the provisions of the Intemal Revenue Code of 1986 (the "Code") and the Treasury Regulations promulgated thereunder, including in particular the provisions of Section 148 of the Code and Sections 1.148-0 through 1.148-1 lA of the Treasury Regulations relating to arbitrage rebate, it is desirable for the City to expend the proceeds of Series 1992A Bonds, the Series 1996A Bonds and Series 1999A Bonds on public.improvements projects within the categories of such projects for which the same were issued as expeditiously as practicable. (c) In order to ensure compliance with the expenditure requirements of the Code and the Treasury Regulations referred to in subsection (b), the Council has determined to reallocate the proceeds of the Series 1992A Bonds, the Series 1996A Bonds and the Series 1999A Bonds as set forth in Section 2 of this resolution. SECTION 2. Reallocation of Series 1992A Bond Proceeds, Series 1996A Bond Proceeds and Series 1999A Bond Proceeds. The Council hereby reallocates the proceeds of sale of the Series 1992A Bonds, the Series 1996A Bonds and the Series 1999A Bonds allocable to storm drain projects as follows: r-bondreallocafion070201 -2- (a) Series 1992A Bond Proceeds allocable in the amount of $207,635 to the Peters Creek Land Acquisition project, in the amount of$19,220 to the Storm Water Model Maintenance project, in the amount of $19,629 to the Forest Park Drainage project and in the amount of $30,591 to Miscellaneous Storm Drains Phase 2 projects, or a total amount of Series 1992A Bond proceeds equal to $277,075, shall be r-eallocated to the Series 1996A Bond issue. (b) Series 1992A Bond proceeds allocable in the amount of $46,636 to the Peters Creek Land Acquisition project shall be reallocated to the Series 1999A Bond issue. (c) Series 1996A Bond proceeds allocable in the amount of $146,531 to the Miscellaneous Drainage projects and in the amount of $130,544 to the Summit Hills Drainage project, or a total amount of Series 1996A Bond proceeds equal to $277,075, shall be reallocated to the Series 1992A Bond issue. (d) Series 1999A Bond proceeds allocable in the amount of $46,636 to the Garden City Phase 3 project shall be reallocated to the Series 1992A Bond issue. SECTION 3. Effectiveness of Resolution. This resolution shall take effect upon its adoption. ATTEST: City Clerk r-bondrealloeafion070201 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 6, 2001 File #60-53 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35452-070201 amending and reordaining certain sections of the 2001-02 Capital Projects Fund Appropriations, in connection with transfer of storm drain funding between 1992, 1996, and 1999 bond issues. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 2, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: The Honorable David C. Anderson, City Treasurer George C. Snead, Jr., Assistant City Manager for Operations Robert K. Bengtson, Director, Public Works Barry L. Key, Director, Management and Budget Phillip C. Schirmer, City Engineer HSAgenda. OlXJuly 2, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of July, 2001. No. 35452-070201. 5.b.1. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Capital Projects Fund Appropriations, and providing for an emergency. W H EREAS, 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 Flood Reduction Peters Creek Land Acquisition (1-3) ........................... Sanitation Miscellaneous Drainage Projects (4-5) ......................... Storm Water Model Maintenance (6-7) ........................ Forest Park Drainage Project (8-9) ............................ Garden City Phase 3 Drainage Project (10-11 ) .................. Summit Hills Drainage Projects (12-13) ........................ Miscellaneous Drainage Projects Phase 2 (14-15) ............... $14,949,118 1,675,6O0 $ 2,290,725 163,552 44,400 195,360 192,193 232,725 185,591 1) Appropriated from Bond Funds- Series 1999 2) Appropriated from Bond Funds- Series 1992 3) Appropriated from Bond Funds- Series 1996 4) Appropriated from Bond Funds- Series 1992 (008-056-9656-9001) $ 46,636 (008-056-9656-9086) (008-056-9656-9088) (008-052-9572-9086) (254,271) 207,635 146,531 5) Appropriated Bond Funds Series 1996 6) Appropriated Bond Funds Series 1992 7) Appropriated Bond Funds Series 1996 8) Appropriated Bond Funds Series 1992 9) Appropriated Bond Funds Series 1996 10) Appropriated Bond Funds Series 1999 11) Appropriated Bond Funds Series 1992 12) Appropriated Bond Funds Series 1992 13) Appropriated Bond Funds Series 1996 14) Appropriated from Bond Funds- Series 1992 15) Appropriated from Bond Funds- Sedes 1996 from from from from from from from from from (008-052-9572-9088) (008-052-9586-9086) - (008-052-9586-9088) (008-052-9689-9086) (008-052-9689-9088) (008-052-9692-9001) (008-052-9692-9086) (008-052-9695-9086) (008-052-9695-9088) (008-530-9734-9086) (008-530-9734-9088) $(146,531) (19,220) 19,220 (19,629) 19,629 (46,636) 46,636 130,544 (130,544) (30,591) 30,591 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. JAMES D. GRISSO Director of Finance July 2, 2001 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 RO. Box1220 °0~ , , ~ Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-2940 5.b.1. 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, Jr., Council Member The Honorable William White, Sr., Council Member The Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: As the City issues general obligation bonds throughout the years, portions of the funding derived from bond issues are allocated to neighborhood storm drain projects. In recent bond issues, funding has been dedicated to storm drains as follows: $7,600,000 from the bond issue Series 1992A $1,600,000 from the bond issue Series 1996A $315,000 from the bond issue Series 1997^ $2,285,000 from the bond Series 1999A As public input is obtained about the highest priority projects, funding from the bond issues is allocated to specific projects. As arrangements can be made to proceed with such projects, the funds are appropriated and projects are undertaken. In order to meet the goal of fully utilizing some of the bond funding from our older bond issues, we recommend that bond funding be shifted between some of the storm drain projects by bond issue. This will not change the funding to any of the projects in total, nor will it change the total storm drain project funding to be undertaken by the City. The change facilitates record keeping requirements, and it has a positive impact on our arbitrage rebate requirements as it pertains to the oldest bond issue. The specific projects and funding involved is listed on the following page. Honorable Mayor and Members of City Council July 2, 2001 Page 2 Impact on Impact on Impact on Project 1999 Bonds 1996 Bonds 1992 Bonds Peters Creek Land Acquisition 46,636 207,635 (254,271) Storm Water Model Maintenance 19,220 (19,220) Forest Park Drainage Project 19,629 (19,629) Miscellaneous Storm Drains Phase 2 - 30,591 (30,591) Garden City Phase 3 (46,636) 46,636 Miscellaneous Drainage Projects - (146,531) 146,531 Summit Hills Drainage Project - (130,544) 130,544 TOTAL - - We recommend City Council approval of this transfer of storm drain funding between 1992, 1996, and 1999 bond issues. Council's adoption of the accompanying budget ordinance and resolution are recommended. Sincerely, Director of Finance JDG/JSY:s C~ Darlene Burcham, City Manager William M. Hackworth, City Attorney Phil Schirmer, City Engineer David C. Anderson, City Treasurer Jesse A. Hall, Deputy Director of Finance Barry L. Key, Director, Department of Management and Budget Alicia F. Stone, Budget Administrator Mary F. Parker, City Clerk JAMES D. GRISSO Director of Finance July 2, 2001 CITY OF ROANOKE._ DEPARTMENT OF FI~NANCE 215 Church Avenue, S.W., Room 461 R O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-2940 5.b.2. JESSE A. HALL Deputy Director Thc Honorable Ralph K. Smith, Mayor Thc Honorable William H. Carder, Vice-Mayor Thc Honorable William D. Bestpitch, Council Member Thc Honorable C. Nelson Harris, Council Member The Honorable W. Alvin Hudson, Jr., Council Member Thc Honorable William White, Sr., Council Member The Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: May Financial Report This financial report covers the first eleven months of the 2000-2001 fiscal year The following narrative discusses r and expenditures to date. · evenues REVENUE General Fund revenues reflect an increase of 1.47% or $2,406,000 compared to FY00. Variances in specific categories of revenues are as follows: General Property Taxes declined .34% or $224,000. Real estate tax revenues through the end of May have increased 4.46% over the same period in the prior fiscal year, and have met the targeted revenue estimate. Personal property tax revenue included in this category has decreased from FY00, due to the increased portion of personal property tax funded by the Commonwealth of Virginia. Personal property tax revenue funded by the Commonwealth is reflected in the Grants- in-Aid Commonwealth category. Total personal property assessments, including the state share, has increased 2.3% or $529,000, exceeding the revenue estimate. Penalties and interest on delinquent taxes have increased, reflecting the results of improved collections during the current fiscal year. Other Local Taxes rose 4.69% or $2,280,000. Business and professional occupational license tax is up 10% from the prior year and has exceeded the budgeted amount. This growth is due to increased assessments and an accelerated schedule of billing in FY 2001 for delinquent taxes. Sales tax is slightly below May of FY 2000 and continues to lag projections due to continued regional competition and the slow down of the economy. Gas utility consumer tax revenue rose due to increased consumption. There has been an increase in the Right-of-Way use fee. Cellular phone tax is up due to the rising number of cell phone subscribers. Fines and Forfeitures are below prior year collections by 9.96% or $90,000. The decline is due to decreased collections of General District Court fines. This decrease is partially offset by an increase in parking ticket revenue. Honorable Mayor and Members of~ity Council July 2, 2001 Page 3 Revenue from Use of Money and Property declined 10.40% or $104,000. The State is billed for use of the Commonwealth Building monthly based on estimated operating and maintenance costs. In August of FY00, the State was billed for the amount that actual costs exceeded estimated costs, producing significantly higher revenue in FY00. No additional amounts were billed in FY01. This decrease is partially offset by an increase in interest income resulting from higher average daily cash balances in the General Fund. Grants-in-Aid Federal increased $8,600 or 33.59% due to a timing difference in the receipt of FEMA revenue. Charges for Services rose $216,000 or 7.20% due to an increase in weed cutting and demolitions billings. These revenues were down in FY2000, compared to historical performance. EXPENDITURES AND ENCUMBRANCES General fund expenditures and encumbrances have increased 6.17% or $10,002,000 since FY00. Vahances in individual expenditure categories are discussed as follows: Judicial Administration expenditures are up $926,000 or 22.06%. Juvenile and Domestic Relations Court Services costs to house children detained by the courts have increased from the prior year. Since June 2000, these children have been housed at the Roanoke Valley Detention Center instead of the City-operated detention home. Expenditures of the City- operated juvenile detention home were reported under the Public Safety category in prior years. Personal services costs of the Circuit Court have also increased due to additional law clerk positions in FY01. Public Works expenditures rose 8.62% or $1,780,000. The amount of the annual paving contract has increased due to the inclusion of additional paving projects. Personal services costs of the Street Maintenance department are up. Expenditures of the Building Maintenance department increased due to costs associated with the Library renovation project. These increases are partially offset by a decline in personal services costs of the Parks and Grounds maintenance department due to vacancies in salaried and temporary positions. Community Development expenditures have gone up 22.85% or $706,000. Expenditure increases have occurred across- the-board in the Department of Planning and Code Enforcement related to its recent re-organization and activities associated with the Comprehensive Plan. The Department of Economic Development has incurred additional costs related to the opening of a new office at an off-site location. Memberships and Affiliations expenditures also increased mainly due to a capital contribution paid to Center in the Square. Transfer to Debt Service Fund is up $1,679,000 or 16.10% on a year-to-date basis due to the required payment on the Series 1999 General Obligation Bonds. This was partially offset by decreased principal payments on the Series 1994 and 1997B General Obligation Bonds. Transfer to School Fund is up 6.16% or $2,468,000 as a result of the 3.5% increase in local funding of the schools and the appropriation of the $1,558,691 in CMERP funds allocated to the schools. Nondepartmental expenditures increased 28.82% or $2,085,000. Transfers to the Capital Projects Fund increased due to transfers of funding for Greater Gamsboro property acquisition, infrastructure and parking garage. Funds were also transferred for property acquisition related to the Railside Linear Park, the new police building and various other capital projects. Transfers to the Department of Technology increased to fund priority CMERP projects and equipment needs. I would be pleased to answer questions which City Council may have regarding the monthly financial statements. JDG/tht Attachments Director of l~'inance - CITY OF ROANOKE, VIRGINIA SUMMARY OF CITY MANAGER TRANSFERS AND AVAILABLE CONTINGENCY MAY 31, 2001 Transfer CMT-382 CMT-885 CMT-908 CMT-432 CMT-935 CMT-937 CMT-435 CMT-436 CMT-955 CMT-967 CMT~39 CMT-441 CM~9~ CMT-988 CMT-990 CMT-443 CMT-444 CMT-445 CMT- 1002 CMT-451 CMT~ CMT~56 CMT~58 CMT-463 CMT-465 CMT-467 CMT~71 CMT-473 CMT-475 CMT-477 CMT-1055 CMT-1059 CMT-1069 Date 07/11/00 07/12/00 09119/00 10/02/00 11/09/00 11/14/00 12/11/00 12/11/00 12/21/00 01/16/01 01/17/01 01/24/01 02/14/01 02/2W01 02/27/01 02/28/01 02/2~01 02/2~01 03/12/01 03/1 3/01 03/1 3/01 03/23/01 03/20/01 03/26/01 03/30/01 04/10/01 04/17/01 05/24/01 05/24/01 05/23/01 05/15/01 05/17/01 05/24/01 From To Portrait of Dr. Noel C. Taylor After Prom parties Virginia Amateur Sports Legal expenses related to cable television franchise agreement Operating support for Roanoke Neighborhood Development Corp. Human Services Coordinator originally budgeted in Social Services Vision 2001 Comprehensive Plan College Day transportation Fair Housing Study Contibution to The Committee to Advance the TransDominion Express Christmas Luncheon Assistant City Manager search Contribution to Partners for Livable Communities Contribution to Salem-Roanoke Baseball Hall of Fame Shara of shredder purchase Report Truck operations Repod Truck operations Share of shredder purchase Operating support for Roanoke Neighborhood Development Corp. Operating support for City Clerk's office Operating support for City Clerk's office Uniform expense Operating support for City Council Enforcement of graffiti ordinance Professional Services for Main Library Truck radios Contribution to Local Commonweeith Attornays of VA Jury Services Renovation of Main Library and Court Increase in Natural Gas Costs Overtime Wages Printing Parking T~ckets Security of Courthouse Contingency* City Manager Contingency* Memberships and Affiliations Contingency* Social Services Administration Pay Raise/Supplemental Pay Raise/Supplemental Memberships and Affiliations Contingency* Contingency* Pay Raise/Supplemental Contingency* Contingency* Solid Waste Mgmt - Refuse Parks and Grounds Maintenance Parks and Grounds Maintenance Building Maintenance Contingency* Juvenile and Domestic Relations Court Services Pay Raise/Supplemental Streets and Traffic Contingency* Contingency* Juvenile and Domestic Relations Court Services Juvenile and Domestic Relations Court Services Juvenile and Domestic Relations Court Services Jail Jail Contingency* Snow Removal Miscellaneous Jail Amounlt Purchasing $ 4,500 Memberships and Affiliations 3,000 Memberships and Affiliations 20,000 City Attorney 10,000 Memberships and Affiliations Director of Human Services Planning and Code Enforcement Economic Development City Manager Memberships and Affiliations Human Resources Human Resources Memberships and Affiliations Memberships and Affiliations Streets and Traffic Streets and Traffic Streets and Traffic Streets and Traffic Memberships and Affiliations c~y clerk C~y clerk Parks and Ground Maintenance City Council Planning and Code Enforcement Building Maintenance Solid Waste Management City Attorney Circuit Court Judges Building Maintenance Libraries Solid Waste Management Billings and Collections Sheriff Total General Fund 25,000 1,800 37,700 3,500 13,700 2,000 2,365 15,000 5,000 210 8,431 1,417 210 30,000 20,091 2,534 1,162 23,150 2,000 3,425 3,400 25,000 13,400 30,000 25,000 2,675 10,000 357,170 CITY OF ROANOKE, VIRGINIA SUMMARY OF CITY MANAGER TRANSFERS AND AVAILABLE CONTINGENCY MAY 31, 2001 (CONTINUED) Transfer Number Date Capital Projects Fund: CMT-911 10/02/00 CMT-962 12/22/00 CMT-962 12/22/00 CMT-1016 03/22/01 CMT-460 03/27/01 CMT-461 03/27/01 Explanation .From Drainage problems at 4038 Vermont To cover additional project expenses To cover additional project expenses Funding for litigation expense Funding for construction contract Funding for construction contract Available Contin.qencv Balance of Contingency at July 1, 2000 *Contingency appropriations from above Contingency appropriations through budget ordinances: BO 34579 08/07/00 Project Impact BO 35156 12/04/00 Governmental Electric Service BO 35233 03/19/01 Cash match for Virginia Exile Grant BO 35354 05/21/01 Salary Lapse BO 35359 05/21/01 Purchase of Land Available Contingency at May 31,2001 T___qo Amount CIP Reserve- Storm Drains Miscellaneous Storm Drainage $ 10,321 CIP Reserve- Parks Mill Mountain Park Improvements 755 CIP Reserve - Buildings Mill Mountain Park Improvements 245 Innotech Expansion Franklin Square Park 2,000 Asbestos Abatement Mill Mountain Zoo Access Road 4,036 Westview Terrace Habitat Mill Mountain Zoo Access Road 2,464 Total Capital Projects Fund $ 19,821 $ 420,244 Contingency Contingency Contingency Contingency Contingency (154,015) Emergency Management Services (16,590) Purchasing Department (35,442) Transfers to Other Funds (8,021) Various Departments 212,912 Railside Linear Park Property (32,758) $ 386,330 2 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Year to Date for the Period Current Fiscal Year Revised July I - May 31 July 1 - May 31 Percentage Revenue Revenue Source 1999-2000 2000-2001 of Change Estimates General Property Taxes $66,559,130 $66,334,806 (0.34) % $66,238,798 Other Local Taxes 48,647,746 50,928,236 4.69 % 55,834,655 Permits, Fees and Licenses 769,530 773,294 0.49 % 729,250 Fines and Forfeitures 899,338 809,719 (9.96) % 864,500 Revenue from Use of Money and Property 999,150 895,214 (10.40) % 1,124,863 Grants-in-Aid Commonwealth 40,882,379 41,238,358 0.87 % 52,816,896 Grants-in-Aid Federal Government 25,719 34,359 33.59 % 34,260 Charges for Services 3,004,028 3,220,178 7.20 % 3,634,660 Miscellaneous Revenue 345,164 340,715 (1.29) % 346,500 Internal Services 1,733,018 1,696,035 (2.13) % 2,350,111 Total $163,865,202 $166,270,914 1.47 % $183,974,493 Percent of Revenue Estimate Received 100.14% 91.21% 106.04% 93.66% 79.58% 78.08% 100.29% 88.60% 98.33% 72.17% 90.38% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Current Fiscal Year July I - May 31 July I - May 31 Percentage Unencumbered Revised Ex_~enditures 1999-2000 2000-2001 of Change Balance Appropriations General Government $10,166,036 $10,371,831 2.02 % $1,663,505 $12,035,336 Judicial Administration 4,199,709 5,126,024 22.06 % 1,010,812 6,136,836 Public Safety 39,615,668 40,411,274 2.01% 3,690,555 44,101,829 Public Works 20,653,106 22,433,515 8.62 % 1,743,982 24,177,497 Health and Welfare 22,465,418 21,675,724 (3.52) % 5,323,260 26,998,984 Parks, Recreation and Cultural 4,103,172 4,247,546 3.52 % 489,989 4,737,535 Community Development 3,090,951 3,797,118 22.85 % 280,445 4,077,563 Transfer to Debt Service Fund 10,430,404 12,109,799 16.10 % 12,109,799 Transfer to School Fund 40,094,742 42,562,837 6.16 % 3,591,286 46,154,123 Nondepartmental 7,235,717 9,320,913 28.82 % 2,386,370 11,707,283 Total $162,054,923 $172,056,581 6.17 % $20,180,204 $192,236,785 Percent of Budget Obligated 86.18% 83.53% 91.63% 92.79% 80.28% 89.66% 93.12% 100.00% 92.22% 79.62% 89.50% 3 CITY OF ROANOKE, VIRGINIA SCHOOL AND SCHOOL FOOD SERVICE FUNDS STATEMENT OF REVENUE Year to Date for the Period July 1 - May 31 July I - May 31 Percentage Revenue Source 1999-2000 2000-2001 of Change State Sales Tax $7,175,993 $7,357,234 2.53 % Grants-in-Aid Commonwealth 34,522,914 38,390,386 11.20 % Grants-in-Aid Federal Government 2,445,813 2,474,603 1.18 % Charges for Services 2,686,194 2,567,500 (4.42) % Transfer from General Fund 40,094,742 42,562,837 6.16 % Special Purpose Grants 9,275,532 9,046,597 (2.47) % Total $96,201,188 $102,399,157 6.44 % Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received $9,040,476 81.38% 42,057,082 91.28% 2,891,748 85.57% 3,526,973 72.80% 46,154,123 92.22% 12,459,283 NA $116,129,685 88.18% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Ex_Denditures Instruction General Support Transportation Operation and Maintenance of Plant Food Services Facilities Other Uses of Funds Special Purpose Grants Total Year to Date for the Period July I - May 31 1999-2000 $64,591,035 3,213,516 3,318,316 8,445,951 3,740,236 2,470,419 4,780,180 11,856,037 $102,415,690 July 1 - May 31 2000-2001 $66,783,738 3,658,306 3,281,546 8,972,212 4,030,748 2,337,545 5,417,355 12,459,283 $106,940,733 Percentage of Change 3.39 % 13.84 % (1.11) % 6.23 % 7.77 % (5.38) % 13.33 % 5.09 % 4.42 % Current Fiscal Year Unencumbered Balance $7,182,603 484,312 369,533 1,387,604 494,523 692,730 336,838 Revised Appropriations $73,966,341 4,142,618 3,651,079 10,359,816 4,525,271 3,030,275 5,754,193 12,459,283 Percent of Budget Obligated 90.29% 88.31% 89.88% 86.61% 89.07% 77.14% 94.15% NA 90.71% $10,948,143 $117,888,876 4 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF MAY 31, 2001 General Government Education Flood Reduction Economic Development Community Development Public Safety Recreation Streets and Bridges Sanitation Projects Traffic Engineering Capital Improvement Reserve Total Expenditures Unexpended Outstanding Unobligated Budget To Date Balance Encumbrances Balance $16,408,424 2,500 000 14,94~c 118 23,045 355 5,570 S27 11,600 008 8,183 661 26,512 466 2,290 725 4,351 660 2,855 081 $118,267,125 $38,336,877 $9,450,635 $28,886,242 $10,716,625 $5,691,799 $3,240,838 $2,450,961 2,500,000 8,369,884 6,579,234 66,599 6,512,635 14,306,890 8,738,465 859,616 7,878,849 2,092,247 3,478,380 778,018 2,700,362 9,319,258 2,280,750 1,516,711 764,039 4,016,171 4,167,490 1,149,587 3,017,903 23,430,911 3,081,555 1,497,592 1,583,963 1,658,095 632,630 195,500 437,130 3,520,167 831,493 146,174 685,319 - 2,855,081 2,855,081 $79,930,248 CITY OF ROANOKE, VIRGINIA SCHOOL CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF MAY 31, 2001 Elementary Schools Renovation Middle Schools Renovation High Schools Renovation Other Renovation Projects Technology Improvements Interest Expense Capital Improvement Reserve Total Expenditures Unexpended Outstanding Unobligated Budget To Date Balance Encumbrances Balance $13,108,122 $10,855,726 13,755,294 13,716,928 250,000 5,000 5,320,263 4,719,269 781,786 781,786 262,929 303,052 1,051,271 $34,529,665 $30,381,761 $2,252,396 $1,903,159 38,366 37,463 245,000 21,430 600,994 385,825 (40,123) 1,051,271 $4,147,904 $2,347,877 $349,237 903 223,570 215,169 (40,123) 1,051,271 $1,800,027 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND COMPARATIVE STATEMENT OF REVENUES FOR THE 11 MONTHS ENDING MAY 31, 2001 Interest Revenue: Interest on Bond Proceeds Interest on SunTrust Lease Interest on Idle Working Capital Total Interest Revenue Multi Year Revenues: Intergovernmental Revenue: Federal Government: FEMA - Garden City FEMA - Regional Mitigation Project Commonwealth: Virginia Transportation Museum - ISTEA Project Impact VDES - 1998 Regional Mitigation Second StreetNVells/Gainsboro Project Roadway Safety Improvements Total Intergovernmental Revenue Revenue from Third Parties: Verizon - Brambleton Avenue Signals Mill Mountain Visitors Center - Private Donations Victory Stadium - Private Donations First Union Penalty Payment Norfolk Southern - Hunter Viaduct Serenity Funeral Home InSystems Incorporated - Land Sale Transkrit Corporation Excavation Project 118 Campbell Avenue - Land Sale Estate of Lenore Wood Bill and Melinda Gates Foundation Westview Terrace - Land Sale Total Revenue from Third Parties Other Revenue: Transfers from General Fund Transfers from Water Fund Transfers from Sewage Fund Transfers from Management Services Fund Transfers from Grant Fund General Obligation Bond Proceeds - Series 1999 Total Other Revenue Total FY 2001 $1,379,048 7,129 1,044,664 2,430,841 259,932 243,142 18,368 3,733 525,175 36,O55 10,000 7 34,000 137,445 125,110 342,617 5,524,318 2,900 12,600 100,000 5,639,818 $8,938,451 FY 2000 $1,579,006 827,455 2,406,461 364,186 196,046 79,270 37,500 349,224 17,340 1,043,566 37,000 10,800 950,000 51,052 13,525 6,776 20,000 39,045 1,128,198 3,064,329 131,500 27,038,000 30,233,829 $34,812,054 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 11 MONTHS ENDING MAY 31, 2001 Operating Revenues Commercial Sales Domestic Sales Industrial Sales Town of Vinton City of Salem County of Roanoke County of Botetourt County of Bedford Customer Services Charges for Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Interest on Investments Rent Miscellaneous Revenue Source Water Assessment Grant Interest and Fiscal Charges Transfer from General Fund Transfer to Capital Projects Fund Net Nonoperating Expenses Net Income FY 2001 $3,591 ,O23 3,271,437 233,468 13,836 29,455 212,667 12,706 448,420 3,036,475 !0,849,487 3,633,143 3,804,235 1,536,730 8,974,108 1,875,379 387,164 61,519 14,747 (1,033,662) (2,9_00) (573,132) $1,302,247 FY 2000 $3,074,346 2,877,765 219 419 19 762 21 552 1,621 O92 177 493 38 118 515,226 2,762 144 11,326,917 3,761,691 4,976,661 1,550~356 10,288,708 _.. 1,0~38,_209 342,609 65,589 21,203 40,000 (1,117,399) 25,000 _ _ (6~22,998) .... $~415~211 7 CITY OF ROANOKE, VIRGINIA SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 11 MONTHS ENDING MAY 31, 2001 FY 2001 FY 2000 Operating Revenues Sewage Charges - City Sewage Charges - Roanoke County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services Interfund Services $6,614,021 $6,705,921 845,085 755,620 224,494 126,541 879,353 767,578 136,791 130,674 230,357 224,313 174,843 79,531 Total Operating Revenues 9,104,944 8,790,178 Operating Expenses Personal Services Operating Expenses Depreciation 1,718,871 1,687,390 4,944,291 4,665,113 1,079,325 1,058,587 Total Operating Expenses 7,742,487 7,411,090 1,362,457 1,379,088 Operating Income Nonoperating Revenues (Expenses) Interest on Investments Interest and Fiscal Charges (1) Miscellaneous Revenue Loss on Disposal of Fixed Assets Transfer to Capital Projects Fund 353,858 377,700 (709,993) - 10,296 (3,121) (12,600) (368,735) Net Nonoperating Revenues (Expenses) 384,875 Net Income $993,722 $1,763,963 (1) Through Fiscal Year 2000, interest on the 1994 Bonds issued for the Sewage Treatment expansion was capitalized as part of the cost of the project. Because the project is now substantially complete, interest is being expensed. 8 CITY OF ROANOKE, VIRGINIA CiViC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 11 MONTHS ENDING MAY 31, 2001 Operating Revenues Rentals Event Expenses Display Advertising Admissions Tax Electrical Fees Novelty Fees Facility Fees Charge Card Fees Parking Fees Commissions Catering/Concessions Other Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenues Transfer From General Fund Interest on Investments Miscellaneous Total Nonoperating Revenues Net Loss FY 2001 $432,502 128,324 81 000 141,613 22 739 39 288 206 321 13444 1,003,132 14,155 2,082,518 1,179,065 1,877,400 406,959 3,463,424 (1,380,906) 878,703 61,066 4,007 943,776 ($437,130} FY 2000 $474,856 184,091 57,172 180,153 16,422 53,384 23,879 232,356 209 789,636 4,879 2,017,037 1,261,166 1,419,740 369,781 3,050,687 (1,033,650) 958,403 56,237 3,973 1,018,613 CITY OF ROANOKE, VIRGINIA TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE 11 MONTHS ENDING MAY 31, 2001 Operating Revenues Century Station Parking Garage Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Surface Parking Lots Total Operating Revenues Operating Expenses Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Transfer From General Fund Interest on Investments Interest and Fiscal Charges Transfer To GRTC - Operating Subsidy Transfer To GRTC - Capital Transfer To GRTC - Shuttle Service Miscellaneous Net Nonoperating Expenses Net Income FY 2001 $330,725 397,370 191,014 419,636 370,290 62,416 1,771,451 734,501 496,059 1,230,560 540,891 761,358 24,082 (478,269) (637,637) (49,000) (65,000) 10,360 (434,106) $106,785 FY 2000 $300,164 368,555 177,947 388,257 322,094 64,056 1,621,073 656,266 497,124 1,153,390 467,683 766,358 15,071 (497,709) (537,089) 6,531 (246,838) $220,845 10 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 11 MONTHS ENDING MAY 31, 2001 FY 2001 FY 2000 CONFERENCE COMMISSION (1) CENTER (2) TOTAL Operating Revenues Conference Center Total Operating Revenues $ $ 2,504,158 $ 2,504,158 $ 2,674,017 2,504,158 2,504,158 2,674,017 Operating Expenses (3) Personal Services Fees for Professional Services Administrative Expenses Conference Center Total Operating Expenses 82,107 82,107 39,843 39,000 39,000 10,742 1,176 1,176 4,522 2,334,692 2,334,692 2,198,845 122,283 2,334,692 2,456,975 2,253,952 (122,283) 169,466 47,183 420,065 Net Operating Income (Loss) Nonoperating Revenues (Expenses) Contributions from City of Roanoke Contributions from Virginia Tech Litigation Settlement Proceeds Interest on Investments Rent, Taxes, Insurance, and Other (4) 175,000 - 175,000 175,000 175,000 175,000 175,000 1,000,000 1,000,000 220,255 220,255 50,873 (145,115) (145,115) (119,644) Net Nonoperating Revenues (Expenses) 1,570,255 (145,115) 1,425,140 281,229 1,447,972 24,351 1,472,323 701,294 417,182 125,197 542,379 584,835 1,030,790 $ (100,846) $ 929,944 $ 116,459 Net Income Before Depreciation Depreciation Expense/Replacement Reserve Net Income (Loss) $ Notes to Financial Statement: (1) The column entitled "Commission" represents Commission activity in the City's financial records. (2) The column entitled "Conference Center" represents actual revenue and expenses of the Conference Center, as provided by Doubletree Management. (3) Expenses of $93,654 were also incurred for a broken water pipe in the Conference Center. This is not included in expenses since it will be reimbursed from insurance proceeds. $68,606 has been collected from the insurance company as of May 31, 2001. (4) $7,000,000 has been appropriated for repair costs to the Hotel Roanoke Conference Center Construction account. An additional $1,000,000 has been received to repay the Hotel Roanoke Conference Center Commission's retained earnings. 11 CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUNDS COMPARATIVE INCOME STATEMENT FOR THE 11 MONTHS ENDING MAY 31, 2001 Operating Revenues Charges for Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income (Loss) Nonoperating Revenues (Expenses) Interest Revenue Transfer To Other Funds Transfer From Other Funds Loss on Disposal of Fixed Assets Net Nonoperating Revenues (Expenses) Net Income (Loss) Department of Materials Management Fleet Risk Technology Control Services Management Management TOTALS FY 2001 FY 2000 $3,402,200 $166,521 $99,771 $3,122,226 $7,829,839 $14,620,557 $12,961,317 3,402,200 166,521 991~1 3,122,226 7,829,839 14,620,557 12,961,317 1,802,700 82,121 26,364 1,144,535 227,949 3,283,669 3,022,046 1,097,265 15,088 44,644 890,757 7,991,725 10,039,479 8,615,310 245,976 17,344 1,897,129 2,160,449 2,140,766 3,145,941 97,209 88,352 3,932,421 8,219,674 15,483,597 13,7781i22 256,259 69,312 11,419 (810,195) (389,835) (863,040) (816,805) 230,553 2,909 9,908 62,542 594,100 900,012 802,950 (4,000) (100,000) (104,000) 1,220,864 250,000 1,470,864 1,591,367 (3,227) (18,541) (21,768) 1,444,190 2,909 (90,092) 44,001 844,100 2,245,108 2,394,317 $1,700,449 $72,221 .$(~8,6~7~ ~$766,194) $454,265 $%382,068 ~1,577,5i2 12 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED MAY 31,2001 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED MAY 31, 2001. BALANCE AT BALANCE AT BALANCE AT FUND APR 30, 2001 RECEIPTS DISBURSEMENTS MAY 31, 2001 MAY 31, 2000 GENERAL $423,767.19 $24,810,487.26 $17,678,629.80 $7,555,624.65 $15,138,842.18 WATER 7,646,394.75 227,280.20 174,065.08 7,699,609.87 7,703,613.84 SEWAGE 6,911,951.11 1,639,401.08 1,470,880.10 7,080,472.09 7,198,575.11 CIVIC CENTER 1,149,845.68 168,940.83 253,405.20 1,065,381.31 1,138,465.57 'TRANSPORTATION 499,651.88 163,865.76 83,024.41 580,493.23 571,911.37 CAPITAL PROJECTS 38,745,307.83 1,077,150.43 2,841,898.11 36,980,560.15 46,247,592.38 CONFERENCE CENTER 5,406,930.60 13,234.33 70,595.33 5,349,569.60 1,040,980.17 RKE VALLEY DETENTION COMM 3,108,771.16 131,534.46 633,369.11 2,606,936.51 4,687,949.63 DEBT SERVICE 12,722,501.83 961,440.45 0.00 13,683,942.28 12,148,797.36 DEPT OF TECHNOLOGY 5,163,292.04 104,589.80 224,264.95 5,043,616.89 4,304,587.91 MATERIALS CONTROL 162,313.29 103,533.67 69,065.31 196,781.65 2,211.92 MANAGEMENT SERVICES 172,081.06 11,729.83 5,034.17 178,776.72 251,807.86 FLEET MANAGEMENT 950,120.49 167,086.00 135,590.01 981,616.48 1,361,558.65 PAYROLL (11,108,116.98) 16,973,828.20 14,482,985.65 (8,617,274.43) (10,585,632.88'~ RISK MANAGEMENT 11,426,454.80 978,887.13 576,438.51 11,828,903.42 11,117,542.46 PENSION 1,328,023.93 458,626.74 1,265,797.33 520,853.34 (372,422.38 SCHOOL FUND 6,603,304.30 6,907,863.11 5,903,294.56 7,607,872.85 6,996,152.30 SCHOOL CAPITAL PROJECTS 1,077,404.52 698,643.67 1,024,167.61 751,880.58 2,072,545.70 SCHOOL FOOD SERVICE 721,076.96 419,443.45 435,453.89 705,066.52 0.00 FDETC 34,671.30 134,134.93 85,952.88 82,853.35 64,057.41 GRANT 955,297.22 323,544.91 551,677.24 727,164.89 452,768.40 TOTAL $94,101,044.96 $5~6,475,246.24 ~47~965~5~9.2~ $_102,610,701.95 $111,541,904.96 CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED MAY 31,2001. THAT SAID FOREGOING: CASH: CASH IN HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: OVERNIGHT INVESTMENT COMMERCIAL HIGH PERFORMANCE MONEY MARKET COMMERCIAL PAPER FEDERAL AGENCY BONDS LOCAL GOVERNMENT INVESTMENT POOL REPURCHASE AGREEMENTS STATE NON-ARBITRAGE PROGRAM (U.S. SECURITIES, COMMERCIAL PAPER) VIRGINIA AIM PROGRAM (U. S. SECURITIES) TOTAL $120,851.88 4,009,107.47 3,794,000.00 12,372,881.80 20,936,216.39 4,998,600.00 21,456,288.22 16,000,000.00 1,232,589.42 17,690,266.77 $102,610,701.95 DATE: JUNE 15, 2001 VID C ANDERSON TREASURER 13 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUES AND EXPENSES FOR THE 11 MONTHS ENDING MAY 31, 2001 Revenues FY 2001 FY 2000 Contributions Investment Income Net Depreciation in Fair Value of Investments Bond Discount Amortization Total Revenue(Loss) $3,656,548 5,890,867 (17,220,997) 68,015 ($7,605,567) $4,443,215 7,139,860 (441,020) 52,983 $11,195,038 Expenses Pension Payments Fees for Professional Services Bond Premium Amortization Administrative Expense City Supplement to Age 65 Total Expenses NetLoss $11,657,178 637,748 103,713 255,640 266,484 12,920,763 ($20,526,330) $10,532,934 704,585 133,880 221,679 188,574 11,781,652 ($S86,614) 14 CITY OF ROANOKE PENSION PLAN BALANCE SHEET MAY 31, 2001 Assets Cash Investments, at Fair Value Due from Other Funds Other Assets Total Assets FY 2001 $520,853 330,991,027 2,511 5,097 $331,519,488 FY 2000 ($387,205) 343,830,464 19,557 18,000 $343,480,816 Liabilities and Fund Balance. Liabilities: Due to Other Funds Accounts Payable Total Liabilities Fund Balance: $1,116,048 625 1,116,673 $995,356 57 995,413 Fund Balance, July 1 Net Loss - Year to Date Total Fund Balance Total Liabilities and Fund Balance 350,929,145 (20,526,330) 330,402,815 $331,519,488 343,072,017 (586,614) 342,485,403 $343,480,816 15 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 6, 2001 File #60-236 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35406-070201 appropriating and transferring fiscal year 2001-02 funds for the Community Development Block Grant program from the United States Department of Housing and Urban Development. The above referenced measure was adopted by the Council of the City of Roanoke on its first reading on Monday, June 18, 2001, also adopted on its second reading on Monday, July 2, 2001, and will be in full force and effect ten days following the date of adoption of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Darlene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Operations Barry L. Key,.Director, Management and Budget Meg T. Munton, Grants Specialist H:kAgenda.01XJuly 2, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA T~e 2nd day of July, 2001. No. 35406-070201. a.a. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Grant Fund Appropriations. 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: AI3Dro~3riation_~ Community Development Block Grant Community Development Block Grant FY02 Community Development Block Grant FY01 Community Development Community Development Community Development Community Development Community Development Community Development Block Grant FY00 Block Grant FY99 Block Grant FY98 Block Grant FY97 Block Grant FY96 Block Grant FY95 Revenues (1-74) .................... (75-79) .................... (80-82) .................... (83-84) .................... (85-86) .................... (87-88) .................... (89-90) .................... (91-92) .................... $12,901,420 2,409,704 2,837,268 3,323.197 3,197,520 416,942 260,257 177,000 279,532 Community Development Block Grant $12,901,420 Community Development Block Grant FY 02 (93-104) .................. 2,409,704 1) Critical Assistance for the Elderly Support 2) Consolidated Rehab Program Support- UDAG 3) RRHA General Administration 4) Consolidated Rehab Program Support - CDBG (035-G 02 -0210-5002) (035-G02-0210-5030) (035-G02-0210-5035) (035-G02-0210-5042) 10,250 73,333 20,000 35,317 5) Quick Response to Emergencies Support 6) Washington Park Support 7) Critical Assistance for the Elderly 8) Empowering Individuals With Disabilities 9) Demolition 10) Consolidated Loan Program Part 1 11) Quick Response to Emergencies 12) BRHDC / Habitat for Humanity 13) Connect Four- BRHDC 14) Regular Employee Salaries 15) City Retirement 16) , ICMA Retirement 17) ICMA Match 18) FICA 19) Medical Insurance 20) Dental Insurance 21) Life Insurance 22) Disability Insurance 23) Advertising 24) Telephone 25) Telephone- Cellular 26) Administrative Supplies 27) Expendable Equipment (<$5,ooo) 28) Motor Fuels and Lubricants 29) Dues and Memberships 30) Training and Development 31) Printing 32) Postage 33) Materials Control 34) Management Services 35) Car Insurance Premiums 36) Fleet Management 37) Fleet Rental 38) Small Business Development Center/CBDI (035-G02-0210-5076) (035-G02-0210-5282) (035-G02-0220-5003) (035-G02-0220-5057) (035-G02-0220-5108) (035-G02-0220-5112) (035-G02-0220-5203) (035-G02-0220-5071 ) (035-G02-0220-5354) (035-G02-0222-1002) (035-G02-0222-1105) (035-G02-0222-1115) (035-G02-0222-1116) (035-G02-0222-1120) (035-G02-0222-1125) (035-G02-0222-1126) (035-G02-0222-1130) (035-G02-0222-1131) (035-G02-0222-2015) (035-G02-0222-2020) (035-G02-0222-2021 ) (035-G02-0222-2030) (035-G02-0222-2035) (035-G02-0222-2038) (035-G02-0222-2042) (035-G02-0222-2044) (035-G02-0222-2075) (035-G02-0222-2160) (035-G02--0222-7010) (035-G02-0222-7015) (035-G02-0222-7018) (035-G02-0222-7025) (035-G02-0222-7027) (035-G02-0230-5021 ) 4,100 82,000 90,000 40,000 90,000 25,000 45,000 50,000 150,304 112,854 5,559 2,151 2,600 8,633 10,080 808 903 406 750 4,200 2,050 3,000 5,500 400 1,000 2,500 2,116 5,700 150 1,000 1,100 2,500 4,040 125,000 39) Greater Gainsboro Development Project 40) Temporary Wages 41) FICA 42) Special Projects 43) Melrose/Rugby 44) Loudon/Melrose 45) Washington Park Neighborhood Alliance 46) Gainsboro Southwest 47) Edgewood/Morwanda/ Summit Hills 48) Norwich Neighborhood Alliance 49) Southeast Action Forum 50) Loudon/Melrose 51) Melrose/Rugby Neighborhood Forum 52) NNEO 53) Norwich Neighborhood Alliance 54) Washington Park Neighborhood Alliance 55) Neighborhood Development Grant-Lead Base Paint Reserve 56) Lincoln 2000 Infrastructure 57) McCray Court Senior Complex 58) Empowering Individuals with Disabilities 59) TAP This Valley Works 60) Mental Health Counseling 61) Apple Ridge Farms 62) YMCA Learning Center 63) Emergency Assistance Fund 64) West End Center 65) YMCA Magic Place at Hurt Park 66) Resource Mothers 67) Business Training Initiative (035-G02-0230-5286) (035-G02-0232-1004) (035-G02-0232-1120) (035-G02-0232-2034) (035-G02-0237-5249) (035-G02-0237-5257) (035-G02-0237-5258) (035-G02-0237-5259) (035-G02-0237-5355) (035-G02-0237-5356) (035-G02-0237-5357) (035-G02-0237-5245) (035-G02-0237-5249) (035-G02-0237-5358) (035-G02-0237-5359) (035-G02-0237-5360) (035-G02-0237-5361) (035-G02-0237-5296) (035-G02-0237-5297) (035-G02-0238-5057) (035-G02-0238-5067) (035-G02-0238-5074) (035-G02-0238-5084) (035-G02-0238-5152) (035-G02-0238-5158) (035-G02-0238-5160) (035-G02-0238-5169) (035-G02-0238-5222) (035-G02-0238-5263) 399,281 25,000 2,000 3,000 50O 2,000 1,694 1,445 1,500 2,000 1,500 10,000 2,500 10,000 10,000 1 O, 000 1,861 265,000 277,750 14,000 26,000 21,000 26,000 23,000 35,000 27,000 21,727 28,000 43,OOO 68) Girl Scout Outreach Program 69) YVVCA Youth Club 70) CHIP Family Strengthening and Support 71) Violence Prevention - Boys and Girls Club 72) Action Family Resource Center 73) Food Distribution Program 74) Mediating for Well-Being of Children 75) Hotel Roanoke 108 Loan Repayment 76) Unprogrammed CDBG- Section 108 Loan 77) Unprogrammed CDBG- Other 78) Unprogrammed CDBG- RRHA 79) Greater Gainsboro Development Project 80) Hotel Roanoke 108 Loan Repayment 81) Unprogrammed CDBG - Carryover Funds 82) Unprogrammed CDBG - RRHA 83) Hotel Roanoke 108 Loan Repayment 84) Unprogrammed CDBG- Carryover Funds 85) Hotel Roanoke 108 Loan Repayment 86) Unprogrammed CDBG- Carryover Funds 87) Hotel Roanoke 108 Loan Repayment 88) Unprogrammed CDBG- Carryover Funds 89) Hotel Roanoke 108 Loan Repayment (035-G02-0238-5269) (035-G02-0238-5350) (035-G02-0238-5299) (035-G02-0238-5362) (035-G02-0238-5363) (035-G02-0238-5364) (035-G02-0238-5365) (035-G01-0140-5135) (035-G01-0140-5188) (035-G01-0140-5189) (035-G01-0140-5197) (035-G01-0140-5286) (035-G00-0040-5135) (035-G00-0040-5184) (035-G00-0040-5197) (035-099-9940-5135) (035-099-9940-5184) (035-098-9841-5135) (035-098-9841-5184) (035-097-9741-5135) (035-097-9741-5184) (035-095-9541-5135) 14,000 19,000 12,000 13,642 16,000 9,000 14,000 357,657 (260,728) (73,395) (120,253) 96,719 125,183 (79,964) (45,219) 7,544 ( 7,544) 2,617 ( 2,617) 15,980 (15,980) 47,148 90) 91) 92) 93) 94) 95) 96) 97) 98) 99) 10o) 101) 102) 103) 104) Unprogrammed CDBG- Carryover Funds Hotel Roanoke 108 Loan Repayment Unprogrammed CDBG- Carryover funds CDBG Entitlement Other Program Income - RRHA Cooper Industries Parking Lot Income- Williamson Road Sands Woody Loan Repayment SRO Loan to TAP Homeownership Assistance Lagniappe Loan Repayment KDL Investments Loan Repayment Downtown Associates Hotel Roanoke Loan Repayment Rental Rehab Repayment (035-095-9541-5184) (035-094-9441-5135) ( 035-094-9441-5184) (035-G02-0200-2201) (035-G02-0200-2203) (035-G02-0200-2206) (035-G02-0200-2207) (035-G02-0200-2217) (035-G02-0200-2220) (035-G02-0200-2222) (035-G02-0200-2231 ) (035-G02-0200-2232) (035-G02-0200-2233) (035-G02-0200-2234) (035-G02-0200-2240) $( 47,148) 2,152 2,152) 2,239,000 24,989 13,333 60,000 6,722 5,618 10,000 7,620 9,964 1,758 20,700 1 O, 000 ATTEST: City Clerk. Office of the City Manager July 2, 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 VVhite, Sr., Council Member Honorable C. Nelson Harris, Council Member Honorable Linda F. VVyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Acceptance of 2001-2002 Community Development Block Grant (CDBG) Program Background: CDBG is a program of the U. S. Department of Housing and Urban Development (HUD) which offers assistance to our community in many ways. The City has received CDBG entitlement grants each year since the inception of the program in 1974 and must submit an action plan annually to HUD to receive such funding. On May 7, 2001, by Resolution No. 35319-050701, City Council authorized filing the 2001-2002 CDBG application through submission of the Annual Update of the Consolidated Plan to the U. S. Department of Housing and Urban Development (HUD) for FY 2001-2002. Considerations: HUD's routine release process is underway, and the HUD approval letter is forthcoming, granting the City access to its 2001-2002 CDBG entitlement of $2,239,000. In addition, $655,000 unexpended from prior year accounts and $170,704 in anticipated program income are also included in this appropriation for FY 2001-2002 programs. Acceptance of the entitlement and appropriation of all funds to the accounts indicated in Attachment A is needed to permit projects to proceed. Recommended Actions: 1. Adopt a resolution accepting the $2,239,000 in 2001-2002 CDBG funds, contingent upon receipt of the approval letter from HUD. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 240] 1-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke,va.us Honorable Mayor and Members of Council July 2, 2001 Page 2 Authorize the City Manager to execute the required Grant Agreement, Funding Approval, and other forms required by HUD in order to accept the funds. o Appropriate $2,239,000, entitlement, and $170,704 in anticipated program income to revenue and expenditure accounts in the Grant Fund to be established by the Director of Finance, as detailed in Attachment A; and o Transfer $655,000 in CDBG accounts from prior years to projects included in the 2001-2002 CDBG program, as detailed in Attachment A. Respectfully submitted, Darlene L. Burcl~a'm City Manager DLB:mtm Attachment C~ James D. Grisso, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk Meg T. Munton, Grants Specialist CM01-00107 ITEMIZED EXPENDITURES FOR CDBG FlCSCAL YEAR 2001-2002 Account No. Item Description "::' ,: ? Amount RRHA General Administration & Support Costs 035-G02-0210-5002 Critical Assistance for the Elderly Support, o[ '~ ' ' ~i '" $10,250 5030~ Consolidated Rehab Progam Support - UDAG $73,333 5035 RRHA General Administration $20,000 5042 Consolidated Rehab Program Support- CDBG $35,317 5076 Quick Response to Emergencies Support $4,100 5282 Washington Park Support $82,000 Subtotal $225,000 Housing 035-G02-0220 5003 Critical Assistance for the Elderly $90,000 5057 Empowering Individuals with Disabilities $40,000 5108 Demolition $90,000 5112 Consolidated Loan Program Part 1 $25,000 5203 Quick Response to Emergencies $45,000 5071 BRHDC / Habitat for Humanity $50,000 5354 Connect Four- BRHDC $150,304 Subtotal $490,304 City Code Enforcement Administration 035-G02-0222-1002 Regular Employee Salaries $112,854 1105 City Retirement $5,559 1115 ICMA Retirement $2,151 1116 ICMA Match $2,600 1120 FICA $8,633 1125 Medical Insurance $10,080 1126 Dental Insurance $808 1130 Life Insurance $903 1131 'Disability Insurance $406 2015 Advertising $750 2020 Telephone $4,200 202' Telephone- Cellular $2,050 2030 Administrative Supplies $3,000 2035 Expendable Equipment (<$5000) $5,50(3 2038 Motor Fuels and Lubricants $400 2042 Dues and Memberships $1,000 2044 Training and Development $2,500 2075 Printing $2,116 2160 Postage $5,700 7010 Materials Control $150 7015 Management Services $1,000 7018 Car Insurance Premiums $1,100 7025 Fleet Management $2,500 7027: Fleet Rental $4,04(3 Subtotal $180,000 _. Account No. Item Description Amount Economic Development Projects 035-G02-0230 5021 Small Business Development Center / CBDI $125,000 5286 Greater Gainsboro Development Project $399,281 Subtotal $524,281 Job Training I Internship Program (OOY) 035-G02-0232-1004 Temporary Wages $25,000 1120 FICA $2,000 2034 Special Projects $3,000 Subtotal $30,000 Neighborhood Projects 035-G02-0237 5249 Melrose/Rugby - MG $500 5257 Loudon/Melrose- MG $2,000 5258 Washington Park Neighborhood Alliance - MG $1,694 5259 Gainsborough Southwest - MG $1,445 5355 Edgewood/Morwanda/Summit Hills - MG $1,500 5356 Norwich Neighborhood Alliance - MG $2,000 5357 Southeast Action Forum - MG $1,500 5245 Loudon/Melrose- NDG $10,000 5249 Melrose/Rugby Neighborhood Forum - NDG $2,500 5358 NNEO- NDG $10,000 5359 Norwich Neighborhood Alliance- NDG $10,000 5360 Washington Park Neighborhood Alliance - NDG $10,000 5361 Neighborhood Development Grant - Lead Base Paint Resv. $1,861 5296 Lincoln 2000 Infrastructure $265,000 5297 McCray Court Senior Complex $277,750 Subtotal $592,111 Human Development Programs 035-G02-0238 5057 Empowering Individuals with Disabilities $14,000 5067 TAP This Valley Works CET $26,000 5074 Mental Health Counseling $21,000 5084 Apple Ridge Farms $26,000 5152 YMCA Learning Center $23,000 5158 Emergency Assistance Fund $35,000 5160 West End Center $27,000 5169 YMCA Magic Place at Hurt Park $21,727 5222 Resource Mothers $28,000 Account No. Item Description Amount 5263 Business Training Initiative $43,000 5269 Girl Scout Outreach Program $14,000 5350 YWCA Youth Club $19,000 5299 CHIP Family Strengthening & Support $12,000 5362 Violence Prevention - Boys & Girls Club $13,642 5363 Action Family Resource Center $16,000 5364 Food Distribution Program $9,000 5365 Mediating for Well-Being of Children $14,000 Subtotal $362,369 TOTAL EXPENDITURES $2,404,065 REVENUE 035-G02-0200-2201 CDBG Entitlement $2,239,000 2203 Other Program Income - RRHA $24,989 2206 Cooper Industries (UDAG) $13,333 2207 ~ Parking Lot Income - Williamson Road (UDAG) $60,000 2217 Sands Woody Loan Repayment $6,722 2220 SRO Loan to TAP $5,618 2222 Homeownership Assistance $10,000 2231 Lagniappe Loan Repayment $7,620 2232 KDL Investments Loan Repayment $9,964= 2233 Downtown Associates $1,758 2234 Hotel Roanoke Loan Repayment $20,700 2240 Rental Rehab Repay $10,000 TOTAL REVENUE $2,409,704 CDBG ACCOUNT TRANSFERS Account No. Item Description Amount Increase 035-094-9441-5135 Hotel Roanoke 108 Loan Repayment $2,152 035-095-9541-51351 Hotel Roanoke 108 Loan Repayment $47,148 035-097-9741-5135 Hotel Roanoke 108 Loan Repayment $15,980 035-098-9841-5135 Hotel Roanoke 108 Loan Repayment $2,617 035-099-9940-5135 Hotel Roanoke 108 Loan Repayment $7,544 035-G00-0040-5135 Hotel Roanoke 108 Loan Repayment $125,183 035-G01-0140-5135 Hotel Roanoke 108 Loan Repayment $357,657 Total Hotel Roanoke 108 Loan Repayment - $558,281 035-G01-0140-5286 Greater Gainsboro Development Project $96,719 Total Transfer Increases $655,000 i Account No. Item Description Amount Decrease 035-094-9441-5184 Unprogrammed CDBG - carryover funds $2,152 035-095-9541-5184 Unprogrammed CDBG - carryover funds $47,148 035-097-9741-5184 Unprogrammed CDBG- carryover funds $15,980 035-098-9841-5184 Unprogrammed CDBG - carryover funds $2,617 035-099-9940-5184 Unprogrammed CDBG - carryover funds $7,544 035-G00-0040-5184 Unprogrammed CDBG - carryover funds $79,964 035-G00-0040-5197 Unprogrammed CDBG - RRHA $45,219 035-G01-0140-5188 Unprogrammed CDB(3 - Section 108 Loan $260,728 035-(301-0140-5189 Unprogrammed CDBG - Other $73,395 035-(301-0140-5197 Unprogrammed CDBG - RRHA $120,253 Total Transfer Decreases $655,000 c:\lotus\work\0 l_02approp 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 July 6, 2001 File #514 STEPHANIE M. MOON Deputy City Clerk Richard A. Dearing P. O. Box 8224 Roanoke, Virginia 24014 Dear Mr. Dearing: I am enclosing copy of Ordinance No. 35431-070201 vacating, discontinuing and closing a certain public alley running between Richelieu and Crystal Springs Avenues, S. W., as the same extends and lies between Official Tax Nos. 1052491 and 1052404. The above referenced measure was adopted on its first reading by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 18, 2001, also adopted on second reading on Monday, July 2, 2001, and will be in full force and effect ten days following the date of adoption of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure H:~genda.01'~luly 2, 2001 correspondenc.wpd Richard A. Dearing July 6, 2001 Page 2 pc: Mr. and Mrs. Lacy McClain, 3101 Maywood Road, S. W., Roanoke, Virginia 24014 D. Kent Chrisman, Chair, City Planning Commission, 2319 Avenham Avenue, S. W., Roanoke, Virginia 24014 Darlene L. Burcham, City Manager 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 H:~Agenda.01X. Iuly 2, 2001 correspondenc.wpd 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 2001. No. 35431-070201. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. WHEREAS, Richard A. Dearing 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 heating on the matter, has made its recommendation to Council; and WHEREAS, a public heating was held on said application by the City Council on June 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 described as follows: That certain approximate 12' x 103' alley bounded by Official Tax Nos. 1052401 and 1052404, and entering from the 2400 Blocks of Crystal Spring and Richelieu Avenues, S.W., be, and is hereby permanently vacated, discontinued and closed, and that all right and interest' of the public in and to the same be, and hereby is, released insofar as the Council of the 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 f~>r 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 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, and 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 of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation.' 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, 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. 3 BE IT FINALLY 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. ATTEST: City Clerk. H:\ORD-CLOS\O-SC. De..in8 (alley - Ct3tstal Spring) (PH 6-18-01) 4 Roanoke City Department of Planning and Code Enforcement Room 166, Municipal Building :~ ~ 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 (Fax) 853-1230 Email: planning@ci.roanoke.va.us June 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, Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Request of Richard A. Dearing to close, vacate and discontinue a certain public alley running between Richelieu and Crystal Spring Avenue, S.W., as the same extends and lies between tax parcel nos. 1052401 and 1052404. Planning Commission Action: On May 17, 2001, the Planning Commission held a public hearing on the proposed closure. By a vote of 5-0 (Messrs. Butler, Chrisman, Dowe, Hill and Manetta voting for approval; Messrs. Campbell and Rife absent), the Commission recommended that City Council approve the request to permanently vacate, discontinue and close the described public alley subject to conditions: Background' Public alley requested for permanent vacation, discontinuance and closure extends between Crystal Spring Avenue and Richelieu Avenue, S.W., and is located approximately 90' to 100' feet south of the South Roanoke Fire Station and the intersection at 24th Street, S.W. Alley has concrete entrances at both avenues but appears to be overgrown with tree limbs and ground foliage beyond the point of the initial entrances. Alley is bounded on the north side by a parcel of land identified as Official Tax Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals Alley is bounded on the north side by a parcel of land identified as Official Tax Parcel No. 1052401, which is owned by the applicant, Richard A. Dearing, and is bounded on the south side by a parcel of land identified as Official Tax Parcel No. 1052404, which is owned by Lacy H. McClain and Ann P. McClain. The abutting property owners are both in agreement on the closure and vacation of the subject alley (see attached letter- McClain).' Planning Commission public hearing was held on Thursday, May 17, 2001. Mr. Richard Dearing appeared before the Commission and stated he had purchased an apartment house on adjoining lot and would like to combine the alley with his property and use it for parking. Mr. Ted Tucker gave the staff report noting that the alley served no practical purpose and had not been used for years. He said staff was recommending approval. There was no one present to speak either in favor of or against the request. Considerations: Land within the alley being requested for closure and vacation is currently serving no useful purpose. Upon the closure and vacation of the alley the land within the alley right-of-way will revert back to the City's real estate tax rolls and all future City costs required for maintenance of the alley will be eliminated. This application has been reviewed by all responsible internal departments. No concerns or objections have been received by the planning staff. No public or private utilities have been identified as being located within the right-of-way of this alley. No other property owner will be affected by this proposed vacation and closure. Recommendation · The Planning Commission recommended that City Council approve the request to permanently vacate, discontinue and close the described public alley subject to the following conditions: The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals 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. 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 this ordinance shall be null and void with no further action by City Council being necessary Respectfully submitted, D. Kent Chrisman, Chairman Roanoke City Planning Commission ERT:mpf attachments 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 Richard Dearing, Petitioner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: ) ) Application of Richard A. Deadng ) for vacation of ) APPLICATION FOR VACATING, DISCONTINUtNGAND CLOSING OF ALLEY MEMBERS OF COUNCIL: Richard A. Deadng, applies to have the alley between tax map #1052401 and #1052404, in the city of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. This alley is mo~~ particularly described on the map attached and as follows: Approximately 12' X 103' alley bounded by tax map #1052401 and #1052404 and entering from the 2400 Blocks of Crystal Spring and Richelieu Avenues, S.W. Richard A. Deadng states that the grounds for this application are as follows: (1) Lacy H. McClain and Ann P. McClain whose property adjoins the property to be vacated have been notified and are in agreement by their letter requesting dosing of the alley. (2) The property to be vacated is presently overgrown and abandoned. (3) The applicant desires to use the property to be vacated ~forparking. WHEREFORE, Richard A. Dearing respectfully requests that the above- described alley be Vacated by the Council of the City of.Roanoke, Virginia, in accordance with Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Rqanoke (1979), as amended. Richard A. Deadng P.O. Box 8224, Roanoke, VA 24014 540-427-2227 Respectfully submitted Richard A. Deadng /' M~rch 28, 20~1 ADJACENT PROPERTY OWNERS Tax Parcel Number 1052404 Lacy H. McClain and Ann P. McClain 3101 Maywood Road, S.W. Roanoke, Virginia 24014 Ann P. McClain Lacy H. McClain 3101 Maywood Rd., S.W. Roanoke, VA 24014 January 10, 2001 Roanoke City Planning Commission 215 Church Ave., S.W. Roanoke, Virginia 24011 Dear Members of the Commission: My neighbor, Richard A. Dearing, wishes to have the city close an abandoned alleyway between our properties bounded by Crystal Spring Avenue and Richelieu Avenue. (Tax map numbers 1052401 and 1052404) I request that you Close the alley and deed it to Mr. Dearing. Thank you. Sincerely, cc: Ric'hard A. Dearing A'nn .P. McClain MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk April 3, 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 March 27, 2001, from Richard A. Dearing requesting that an alley approximately 12'x 103' bounded by Official Tax Nos. 1052401 and 1052404, entering from the 2400 blocks of Crystal Spring and Richelieu Avenues, S. W., be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosures D. Kent Chrisman April 3, 2001 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Darlene L. Burcham, City Manager 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 Edward R. Tucker, City Planner J. Thomas Tasselli, Development Review Coordinator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: ) ) Application of Richard A. Deadng ) for vacation of ) MEMBERS OF COUNCIL: APPLICATION FOR VACATING, DISCONTtNUtNGAND CLOSING OF ALLEY Richard A. Dearing, applies to have the alley between tax map #1052401 and #1052404, in the city of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. This alley is more particularly described on the map attached and as follows: Approximately 12' X 103' alley bounded by tax map #1052401 and #1052404 and entedng from the 2400 Blocks of Crystal Spring and Richelieu Avenues, S.W. Richard A. Dearing states that the grounds for this application are as follows: (1) Lacy H. McClain and Ann P. McClain whose property adjoins the property to be vacated have been notified and are in agreement by their letter requesting closing of the alley. (2) The property to be vacated is presently overgrown and abandoned. (3) The applicant desires to use the property to be vacated for parking. WHEREFORE, Richard A. Deadng respectfully requests that the above- described alley be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. Richard A. Dearing P.O. Box 8224, Roanoke, VA 24014 540-427-2227 Respectfully submitted Richard-A. Dearing //March 28, 2001 ADJACENT PROPERTY OWNERS Tax Parcel Number 1052404 Lacy H. McClain and Ann P. McClain 3101 Maywood Road, S.W. Roanoke, Virginia 24014 Ann P. McClain Lacy H. McClain 3101 Maywood Rd., S.W. Roanoke, VA 24014 January 10, 2001 Roanoke City Planning Commission 215 Church Ave., S.W. Roanoke, Virginia 24011 Dear Members of the Commission: My neighbor, Richard A. Dearing, wishes to have the city close an abandoned alleyway between our properties bounded by Crystal Spring Avenue and Richelieu Avenue. (Tax map numbers 1052401 and 1052404) I request that you close the alley and deed it to Mr. Dearing. Thank you. Sincerely, Lacy ~. McClain cc: Richard A. Dearing \ TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO ALLEY CLOSURE REQUEST OF: Richard Deadng for alley between between Crystal Spring and Richelieu) AFFIDAVIT Avenue, S.W. ) COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) ) TO-WIT: ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, 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 30th day of April, 2001, notices of a public hearing to be held on the 17th day of May, 2001, on the request captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner's Name Mailing Address 1052404 Lacy and Ann McClain 1052401 Petitioner 3101Maywood Road, SW Roanoke, VA24014 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 30th day of April, 2001. Nbtary Public My Commission expires: ~'~ ~\ h ~)O'~x~ 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 June 5, 2001 File #514 Mr. and Mrs. Lacy McClain 3101 Maywood Road, S. W. Roanoke, Virginia 24014 Dear Mr. and Mrs. McClain: 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, June 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 Richard A. Dearing that a certain approximate 12' x 103' alley bounded by Official Tax Nos. 1052401 and 1052404, and entering from the 2400 blocks of Crystal Spring and Richelieu Avenues, S. W., be permanently vacated, discontinued and closed. The City Planning Commission is recommending approval of the abovedescribed request. If you would like to receive a copy of the report of the City Planning Commission, please contact the City Clerk's Office at 853-2541. 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 853-2344. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm N:~:ksml~Public Heanngs.01~June 18, 2001 Public Headng Reports.wpd 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.roanok¢.va.us STEPHANIE M. MOON Deputy City Clerk June 5, 2001 File #514 Mr. Richard A. Dearing P. O. Box 8224 Roanoke, Virginia 24014 Dear Mr. Dearing: 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, June 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 certain approximate 12' x 103' alley bounded by Official Tax Nos. 1052401 and 1052404, and entering from the 2400 blocks of Crystal Spring and Richelieu Avenues, S. W., be permanently vacated, discontinued and closed. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance and a report of the City Planning Commission. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. Questions with regard to the City Planning Commission report should be directed to the Department of Planning and Code Enforcement at 540-853-2344. N:~cksml~Public Headngs.01~June 18, 2001 Public Hearing Reports.w~d Mr. Richard A. Dearing June 5, 2001 Page 2 It will be necessary for you, or your representative, to be present at the June 18 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Mary F. Park~er, CMC City Clerk MFP:sm Enclosure N:~cksml~Public Heanngs.01~lune 18, 2001 Public Hearing Repo~'ts.w!0d The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times '0i ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 Crystal Sp/Richelieu REFERENCE: 80023382 01682895 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 June~ne~~and official seal.__. , Notary Public My commission expires _~L~_~Z~__~0~- PUBLISHED ON: 06/01 06/08 TOTAL COST: 202.98 FILED ON: 06/13/01 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Heating on Monday, June 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 right-of-way, the following public right-of-way: That certain approximate 12' x 103' alley bounded by Official Tax Nos. 1052401 and 1052404, and entering from the 2400 Blocks of Crystal Spring and Richelieu Avenues, S.W. 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 heating, contact the City Clerk's Office, 853-2541, by 12:00 noon on Thursday, June 14, 2001. GIVEN under my hand this ?9r_hday of lqay ,2001. Mary F. Parker, City Clerk. H:hNOTICEhN-SC - Dearing (alley - Crystal Spring-Richelieu) (PH 6-18-01) Please publish in The Roanoke Times once on Friday, June 1, 2001, and once on Friday, June 8, 2001. Send affidavit and bill to: Mary F. Parker City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 N:\cksml~Public Hearings.01 ~N-SC - Dearing (alley - Crystal Spring-Richelieu) (PH 6-18-01) 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 July 6, 2001 File #514 STEPHANIE M. MOON Deputy City Clerk Daniel .F. Layman, Jr. Woods, Rogers & Hazlegrove, P.L.C. P. O. Box 14125 Roanoke, Virginia 24038 Dear Mr. Layman: I am enClosing copy of Ordinance No. 35432-070201 vacating, discontinuing and closing a certain 15 foot wide alley lying between former Lots 9 and 10, Block 12, Map of Official Survey Sheet NWl on the west and former Lot 11, Block 12, Map of Official Survey Sheet NWl on the east, extending from Shenandoah Avenue, N. W., northward for a distance of 187.9 feet to Centre Avenue. The above referenced measure was adopted on its first reading by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 18, 2001, also adopted on second reading on Monday, July 2, 2001, and will be in full force and effect ten days following the date of adoption of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure H:~Agenda. Ol~uly 2, 2001 co.-resoondcnc.wgd Daniel F. Layman, Jr. July 6, 2001 Page 2 pc: D. Kent Chrisman, Chair, City Planning Commission, 2319 Avenham Avenue, S. W., Roanoke, Virginia 24014 Darlene L. Burcham, City Manager 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 H:~,Agenda.01',July 2, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 2001. No. 35432-070201. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. WHEREAS, Shenandoah Crossings, L.P., 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; and WHEREAS, a public hearing was held on said application by the City Council on June 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 described as follows: That certain 15' wide alley lying between former Lots 9 and 10, Block 12, Map of Official Survey Sheet NW 1 on the west, and former Lot 11, Block 12, Map of Official Survey Sheet NWl on the east, extending from Shenandoah Avenue, N.W. (at a point 60 feet west of Jefferson Street, N.W.) northward for a distance of 187.9 feet to Centre Avenue, be, and is hereby permanently vacated, discontinued and closed, and that all fight and interest of the public in and to the same be, and hereby is, released insofar as the Council of the 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 fight to include the fight 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 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 right-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, and 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 ri'ght-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-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 of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. 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, 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 FINALLY ORDAINED that if the above conditions have not been met within a period of twelve (12) mc~nths 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. ATTEST: City Clerk. H:',ORD-CLOS\O-SC - Shenandoah Cromsings (Shenandoah Ave) (PH 6-18-01) 4 Roanoke City Department of Planning and Code Enforcement Room 166, Municipal Building 215 Church Avenue, S.W. ~ · Roanoke, Virginia 24011 ~ ~ (540) 853-2344 (Fax) 853-1230 Email: planning@ci.roanoke.va.us June 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, Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Request from Shenandoah Crossings, L.P., represented by Daniel F. Layman, Jr., Attorney, that an alley extending between Shenandoah and Centre Avenues, N.W., and running through the middle of property occupied by GOB South, designated as Official Tax No. 2013606, be permanently vacated, discontinued and closed. Planning Commission Action: On May 17, 2001, the Planning Commission held a public hearing on the proposed closure. By a vote of 6-0 (Messrs. Butler, Chrisman, Dowe, Hill, Manetta and Rife voting for the request; Mr. Campbell absent), the Planning Commission recommended that City Council approve the request for the City to vacate all such interest as it may have, if any, in the above described alley subject to certain conditions. Background: On December 31, 1889, The Greenbelt Land Mining and Development Company of Virginia conveyed a certain parcel of land to the Norfolk and Western Railway Company. This land parcel, located at what is now the northwest corner of Jefferson Street and Shenandoah Avenue, N.W.,is described by metes and bounds in this century old deed of conveyance. This deed also includes a description of the subject alley that is currently being requested for vacation by the applicant, Shenandoah 1 Roanoke Cih/Planning Commission Architectural Review Board Board of Zoning Appeals Crossings,L.P. The subject alley is also shown on an old survey map (Official Survey No.1, N.W., dated 1911 ). The alley, however, is not shown on the City's current Official Tax Appraisal Maps as a public right-of-way and City staff has been unable to locate any legal instrument or other evidence to verify that this right-of-way was ever dedicated or conveyed to the City, or improved or maintained by the City for public use. According to City records the building currently existing at this location, General Office Building South (GOB South), was constructed many years ago, on, over and across this area previously designated on the above-cited survey and deed as a 15 foot wide alley. There is no existing record or notation shown on any of the City's official maps to indicate any closure, vacation or abandonment of the subject alley either before or after the construction of the GOB South Building. The petitioner Shenandoah Crossings L.P., has now acquired this property and is currently renovating the GOB South Building as a multifamily housing development. The purpose of the request to close and vacate the subject alley is to remove and eliminate the subject alley as an objection to title to the land occupied by the GOB South Building. The petitioner owns all of the land abutting upon both sides of the subject alley. Planning Commission public hearing was held on Thursday, May 17, 2001. Mr. Daniel F. Layman, Jr., attorney, appeared before the Commission on behalf of Shenandoah Crossings and stated that the alley in question did not appear on any official City maps and that the only reference had been found when researching title. He said that vacation was needed to clear the title. Mr. Ted Tucker gave the staff report. Mr. Tucker said there was no evidence the City had ever maintained the alley and the alley was of no value to the City. He said that staff was recommending vacation. There was no one present who spoke either in favor of or against the request. Considerations: Applicant is requesting that the City vacate any interest it may have in the above described alley. Although this area was referenced as an alley in a deed of conveyance and was later platted on an official survey, there is no available evidence that any land in this area was ever dedicated or conveyed to the City for public right-of-way purposes. For many years the City has vacated numerous public rights-of-way according to the location and dimensions of such rights-of-way as shown on the City's official maps, even in instances where considerable doubt existed as to whether the City owned or in fact, had any vested interest in such rights-of-way. Although there is no alley right-of-way on this section of the City's official appraisal maps at this specific location that can be marked as "vacated", the recordation of a plat or re-plat of the land approved by the City in accordance with the 2 subdivision ordinance will legally terminate and extinguish all interests that the City may have, if any, in any right-of-way designated on such plat for vacation. The applicant is required to submit a plat of subdivision to the City as a standard condition of the City's approval of the applicant's request. This request for closure and vacation of the subject alley has been reviewed by all responsible internal City departments. No objections to the requested vacation have been received. The proposed vacation will not affect any other property owner. Recommendation: The Planning Commission recommended that City Council approve the request for the City to vacate all such interest as it may have, if any, in the above-described alley subject to the following conditions: 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. 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 Respectfully submitted D. Kent Chrisman, Chairman Roanoke City Planning Commission attachments cc: Darlene L. Burcham, City Manager Rolanda Johnson, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Manager Daniel F. Layman, Attorney for the Petitioner 4 VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE In re: VACATION OF AN ALLEY EXTENDING ) BETWEEN SHENANDOAH AVENUE, NW, ) AND CENTRE AVENUE, NW, IN THE ) CITY OF ROANOKE, VIRGINIA ) Application of Shenandoah Crossings, L.P. TO: The Honorable Mayor and Members of City Council (1) Shenandoah Crossings, L.P. ("Petitioner") applies to have an alley extending between Shenandoah Avenue, N.W., and Centre Avenue, N.W., in the City of Roanoke, Virginia, permanently vacated, discontinued, and closed pursuant to Section 15.2-2006, Code of Virginia, and Section 30-14, Code of the City of Roanoke (1979), both as amended. The alley to be closed is fifteen (15) feet wide and lies between former Lots 9 and 10, Block 12, Official Survey Sheet NWl on the west and former Lot 11, Block 12, Official Survey Sheet NWl on the east, extending from Shenandoah Avenue, N.W. (at a point 60 feet west of Jefferson Street, N.W.) northward for a distance of 187.9 feet to Centre Avenue. This alley is shown cross-hatched on the copy of a portion of Official Survey Sheet NWl attached to this Application as Exhibit A. (2) The tract through which the alley runs is occupied by the building commonly known as General Office Building-South ("GOB-South"), formerly property of Norfolk Southern Corporation. It is now identified as New Tract B (0.918 acre) as shown on Plat Showing the Resubdivision of Property of Roanoke Foundation for Downtown, Inc., dated July 19, 2000, which is recorded in the Clerk's Office of the Circuit Court of the City of Roanoke in Map Book RKE# 0684459.WPD C/M: 077836-00224-01 1; page 2122(a copy of a portion of this map is attached as Exhibit B), and is identified by City of Roanoke Official Tax No. 2013606. Indeed, the alley runs through the middle of GOB-South. (3) Petitioner has acquired the lot identified by Official Tax No. 2013606 and is renovating GOB-South as a multifamily housing development. GOB-South was constructed on the alley decades ago, the alley is not open on the ground, and the alley has in fact been removed from the City's tax maps. There is, however, no evidence that the alley has ever been officially vacated, discontinued and closed. It accordingly constitutes an objection to title to the land occupied by GOB-South. (4) The alley is bordered on each side entirely by property owned by the Petitioner. WHEREFORE, Shenandoah Crossings, L.P., respectfully requests that the above- described alley be vacated, discontinued and closed by the Council of the City of Roanoke in accordance with Sectionl5.2-200C:Code of Virginia, and Section 30-14, Code of the City of Roanoke, both as amended to date. Date: /V~_,J,~ ~cDt :>~ ! Daniel F. Layman, J.fi-/ ~ Woods, Rogers & Hazlegrove, P.L.C. P. O. Box 14125 Roanoke, VA 24038 (703) 983-7653 Counsel for Petitioner Respectfully, SHENANDOAH CROSSINGS, L.P. By Shenandoah Crossings, Inc., General By~~,~.~,,__.._~ ~d~nt ~ _ RKE# 0684459.WPD C/M: 077836-00224-01 ~& 156.% P~ .s 01~3'2~o w JEFPER,9 0 tV ,~ 01' STRHET, NW 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-t 145 E-mail: ¢lerk@¢i.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk June 5, 2001 File #514 Daniel F. Layman, Jr., Attorney Woods, Rogers and Hazlegrove P. O. Box 14125 Roanoke, Virginia 24038 Dear Mr. Layman: 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, June 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 Shenandoah Crossing, L. P., that a certain 15' wide alley lying between former Lots 9 and 10, Block 12, Map of Official Survey Sheet NWl on the west, and former Lot 11, Block 12, Map of Official Survey Sheet NWl on the east, extending from Shenandoah Avenue, N. W. (at a point 80' west of Jefferson Street) northward for a distance of 187.9' to Centre Avenue, be permanently vacated, discontinued and closed. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance and a report of the City Planning Commission. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. Questions with regard to the City Planning Commission report should be directed to the Department of Planning and Code Enforcement at 540-853-2344. N:l,cksml~Oublic Hearings.01~June 18. 2001 Public Hearing Reports.v~:l Daniel F. Layman June 5, 2001 Page 2 It will be necessary for you, or your representative, to be present at the June 18 public hearing. Failure to appear could result in a deferral of the matter until a later date. MFP:sm Sincerely, Mary F. Parker, CMC City Clerk Enclosure N:~cksml~Public Headngs.01~June 18, 2001 Public Headng Recorts.wpd 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 March 30, 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 March 30, 2001, from Daniel F. Layman, Attorney, representing Shenandoah Crossings, L.P., requesting that an alley extending between Shenandoah Avenue and Centre Avenue, N. W., in a northerly direction from Shenandoah Avenue for a distance of 187.9 feet to Centre Avenue, be permanently vacated, discontinued and closed. Sincerely, ~ Mary F. Par~er, CMC City Clerk MFP/sm Enclosures D. Kent Chrisman March 30, 2001 Page 2 pc~ The Honorable Mayor and Members of the Roanoke City Council Darlene L. Burcham, City Manager 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 Edward R. Tucker, City Planner J. Thomas Tasselli, Development Review Coordinator VIRGINIA: IN THE COUNCIL OF ~'~E ': ' ~'t CITY OF R~OKE In re: VACATION OF AN ALLEY EXTENDING ) BETWEEN SHENANDOAH AVENUE, NW, ) AND CENTRE AVENUE, NW, IN THE ) CITY OF ROANOKE, VIRGINIA ) Application of Shenandoah Crossings, L.P. TO: The Honorable Mayor and Members of City Council (1) Shenandoah Crossings, L.P. ("Petitioner") applies to have an alley extending between Shenandoah Avenue, N.W., and Centre Avenue, N.W., in the City of Roanoke, Virginia, permanently vacated, discontinued, and closed pursuant to Section 15.2-2006, Code of Virginia, and Section 30-14, Code of the City of Roanoke (1979), both as amended. The alley to be closed is fifteen (15) feet wide and lies between former Lots 9 and 10, Block 12, Official Survey Sheet NWl on the west and former Lot 11, Block 12, Official Survey Sheet NWl on the east, extending from Shenandoah Avenue, N.W. (at a point 60 feet west of Jefferson Street, N.W.) northward for a distance of 187.9 feet to Centre Avenue. This alley is shown cross-hatched on the copy of a portion of Official Survey Sheet NWl attached to this Application as Exhibit A. (2) The tract through which the alley runs is occupied by the building commonly known as General Office Building-South ("GOB-South"), formerly property of Norfolk Southern Corporation. It is now identified as New Tract B (0.918 acre) as shown on Plat Showing the Resubdivision of Property of Roanoke Foundation for Downtown, Inc., dated July 19, 2000, which is recorded in the Clerk's Office of the Circuit Court of the City of Roanoke in Map Book RKE# 0684459.WPD C/M: 077836-00224-01 1, page 2122(a copy of a portion of this map is attached as Exhibit B), and is identified by City of Roanoke Official Tax No. 2013606. Indeed, the alley runs through the middle of GOB-South. (3) Petitioner has acquired the lot identified by Official Tax No. 2013606 and is renovating GOB-South as a multifamily housing development. GOB-South was constructed on the alley decades ago, the alley is not open on the ground, and the alley has in fact been removed from the City's tax maps. There is, however, no evidence that the alley has ever been officially vacated, discontinued and closed. It accordingly constitutes an objection to title to the land occupied by GOB-South. (4) The alley is bordered on each side entirely by property owned by the Petitioner. WHEREFORE, Shenandoah Crossings, L.P., respectfully requests that the above- described alley be vacated, discontinued and closed by the Council of the City of Roanoke in accordance with Section t 5.2-200C:Code of Virginia, and Section 30-14, Code of the City of Roanoke, both as amended to date. Date: fi/[4-a~. 'xc9t 9,~,l Daniel F. Layman~~ Woods, Rogers & Hazlegrove, P.L.C. P. O. Box 14125 Roanoke, VA 24038 (703) 983-7653 Counsel for Petitioner Respectfully, SHENANDOAH CROSSINGS, L.P. By Shenandoah Crossings, Inc., General Partner RKE# 0684459.VVPD C/M: 077836-00224-01 Z 0 0173'52' £ EX I STORY BRICK BUILDIN~ TO BE RE'MOVED NW N 0175'52' £ TAX R.R..StHA. TAX ~01,~0~ S 01~$~2" W-~O0'- 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 01682855 Jefferson Ave/Centre 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 _J_'~_~ day of June 20p%. Witness_ ~y hand and official seal.__~_~3__/_~~. , Notary Public My commission expires PUBLISHED ON: 06/01 06/08 1, .t ?:00 p.m., or .- .oon bur In ltte NOM C. T~tl4or Munic: mm, S.W~, on m ~l~lk:ation to .permafroSt, wmy, the following public from ShenandOah Aven~e, .~r.r. on S~ N.V~.) r~th- want for a dl.tmme ~' /87.9 TOTAL COST: 222.88 FILED ON: 06/13/01 ............................................ Slgnatu'r _~_~_~ , Billing Services Representative NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, June 18, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, in thc 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 right-of-way, thc following public right-of-way: That certain 15' wide alley lying between former Lots 9 and 10, Block 12, Map of Official Survey Sheet NWl on the west, and former Lot 11, Block 12, Map of Official Survey Sheet NWl.on the east, extending from Shenandoah Avenue, N.W. (at a point 60 feet west of Jefferson Street, N.W.) northward for a distance of 187.9 feet to Centre Avenue. 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 Thursday, June 14, 2001. GIVEN under my hand this 29tl~lay of lqay ,2001. Mary F. Parker, City Clerk. H:\NOTICE\N-SC - Shen. Crossings (alley - Shcn. Ave) (PH 6-18 -01 ) Please publish in The Roanoke Times once on Friday, June 1, 2001, and once on Friday, June 8, 2001. Send affidavit and bill to: Mary F. Parker City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 N:\cksmlXPublic Hearings.01~N-SC - Shen. Crossings (alley - Shen. Ave) (PH 6-18-01) 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: ¢lcrk@ci.roanok¢.va.us July 6, 2001 File ¢/:51 STEPHANIE M. MOON Deputy City Clerk David A. McCray Melrose Properties, L.L.C. 3330 Hollins Road, N. E. Roanoke, Virginia 24012 Dear Mr. McCray: I am enclosing copy of Ordinance No. 35433-070201 rezoning that tract of land containing 10.325 acres, more or less, lying on the south side of Melrose Avenue, N. W., and on the west side of Twenty-fourth Street, commonly known as the W. B. Clements, Inc., property, Official Tax No. 2420205, from C-2, General Commercial District, to IPUD, Industrial Planned Unit Development District, subject to certain proffers contained in the First Amended Petition filed in the City Clerk's Office on May 17, 2001. The above referenced measure was adopted on its first reading by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 18, 2001, also adopted on second reading on Monday, July 2, 2001, and will be in full force and effect ten days following the date of adoption of its second reading. Sincerely, ~~ Mary F. Parker, CMC City Clerk MFP:mh Enclosure N:\CKMHlkAgenda.01Uuly 2, 2001 correspondenc.wpd David A; McCray July 6, 2001 Page 2 pc: The Honorable William White, Sr., 902 Lafayette Boulevard, N. W., Roanoke, Virginia 24017 Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Andrew L. Roberts, 111,306 First Street, S. W., Roanoke, Virginia 24011 Mr. and Mrs. Mahlon P. Maxey, 3212 Echo Drive, Vinton, Virginia 24179 Mr. Vincent A. Board, 1547 Westside Boulevard, N. W., Roanoke, Virginia 24017 Ms. Joan E. Jones and Ms. Grace A. Jackson, 2509B Melrose Avenue, Roanoke, Virginia 24017 Mr. David A. Ramey, Sr., 2501 Melrose Avenue, Roanoke, Virginia 24017 Ms. Stephanie T. Low, P. O. Box 2710, Roanoke, Virginia 24001 Mr. John L. Davenport and Mr. and Mrs. Gary Dogan, 3110 Meadowood Road, Roanoke, Virginia 24014 Ms. Virginia R. Fletcher, P. O. Box 100 Pinecroft, Atlantic, Virginia 23303 Ms. Clemma H. Blevins and Mr. Hugh M. Eaton, Jr., P. O. Box 447, Palmer Lake, Colorado 80133 Ms. Sheila A. Allen, 901 Lafayette Boulevard, N. W., Roanoke, Virginia 24017 JGM Properties, Inc., 30 West Franklin Road, Suite 800, Roanoke, Virginia 24011 Estelle McCadden, President, Melrose-Rugby Neighborhood Forum D. Kent Chrisman, Chair, City Planning Commission, 2319 Avenham Avenue, S. W., Roanoke, Virginia 24014 Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney N:\CKMHl~,Agenda.01',July 2, 2001 correspondene.wpd 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 2001. No. 35433-070201. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 242, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, Mekose Properties, L.L.C., has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from C-2, General Commercial District, to IPUD, Industrial Planned Unit Development District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on June 18, 2001, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an oppommity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. Roanoke City Department of Planning and Code Enforcement Room 166, Municipal Building 215 Church Avenue, S.W. , ~ ~Roanoke, Virginia 24011 · (540) 853-2344 (Fax) 853-1230 Email: planning@ci.roanoke.va.us June 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, Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Request from Melrose Properties, Inc. that property located at Melrose Avenue and 24th Street, N.W., designated as Official Tax No. 2420205, commonly known as the W.B. Clements, Inc. property, be rezoned from C-2, General Commercial District, to IPUD, Industrial Planned Unit Development District, such rezoning to be subject to certain conditions proffered by the petitioner. Planning Commission Action: On May 17, 2001, the Planning Commission held a public hearing on the proposed request. By a vote of 5-0-1 (Messrs. Butler, Chrisman, Dowe, Hill and Manetta voting for the petition, Mr. Rife abstaining, and Mr. Campbell absent), the Planning Commission recommended approval of the proposed rezoning subject to the proffered conditions. Background: The property proPosed for rezoning is located at Melrose Avenue and Twenty- fourth Street, N.W. and had two buildings on it, the former K-Mart building, now occupied by W.B. Clements, Inc., and a smaller building on the westerly side of the property that is currently occupied by Flowers Baking Co., Thrift Store and Warehouse. The purpose of this rezoning is to encourage development of this site for light manufacturing (i.e., warehousing, distribution) and commercial (i.e., general retail) purposes. Section 36.1-308 of the zoning ordinance requires that an IPUD district consist of at least twenty (20) acres, or ted (10) acres if located in the urban enterprise 1 Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals zone. The property consists of 10.325 acres and is located in the urban enterprise zone. An amended petition to rezone from C-2 to IPUD was filed on May 17, 2001 with the following proffered conditions: 1. Only the following permitted uses shall be permitted: (a) Principal permitted uses in the LM, Light Manufacturing District, as listed in the Roanoke City Code, Section 36.1-249. (b) Nonresidential uses permitted in the C-2, General Commercial District, section 36.1-206, provided that the total gross floor area devoted to these uses does not exceed fifteen (15) percent of the gross land area within the IPUD. 2. Lighting shall be shielded from adjacent residential areas. The development of the property shall be in substantial conformity with the attached development plan prepared by Rife and Wood dated April 5, 2001, which is attached as Exhibit C, which is attached as Exhibit C. Neighborhood organizations surrounding the subject property are the Melrose Rugby Neighborhood Forum (northeast), Loudon-Melrose Neighborhood Organization (east), and Villa Heights Crime Prevention Organization (northwest). On April 18, 2001, a meeting was attended by the representatives from all three previously mentioned organizations, Mr. John Lipscomb, business partner of David A. McCray, the applicant, and City staff. Mr. John Lipscomb responded to questions regarding land use and development of the property, traffic impact, and safety. Residents expressed concern with respect to the management of truck traffic serving the property and use of the property. Mr. Kenneth King, the City's Traffic Engineer, reported at the meeting that the proposed rezoning and corresponding development is expected to generate approximately 200 vehicles during the P.M. peak hour (4:00 - 6:00 P.M.). This generation is significantly less than the level that was present when the Kmart was still in operation. The uncontrolled driveways on Melrose Avenue and 24th Street warrant attention and should be monitored for potential problems; however, no problems are foreseen at this time. At the Planning Commission public hearing on May 17, 2001, Mr. David Diaz presented the report on behalf of the Planning staff and recommended approval of the requested rezoning. Mr. John Lipscomb, property owner, presented the proposed rezoning to the Commission advising that he met with various neighborhood leaders and City staff and the request had been well received. Mrs. Estelle McCadden, president of the Melrose-Rugby Neighborhood Forum, appeared before the Commission stating that she had met with the applicant and expressed her concerns regarding buffering and retail uses. Mrs. McCadden noted that she wanted the site to be buffered in order to not disturb or impact the 2 youth at the nearby school, the library and other surrounding locations. She also stated that she would like to have some retail uses in this site that would not generate a significant amount of traffic. Mr. Lipscomb responded to the concerns raised expressing that buffering along the perimeter of the site was being proffered. Mr. Lipscomb also noted that he would consider retail uses in the site and was currently talking with prospective tenants. Considerations: The existing zoning pattern of the surrounding area is a combination of C-2, General Commercial, to the north; RM-2, Residential Multi-Family, Medium Density District to the west; and C-2 to the east and south. Land uses in the area include an elementary school, a fire station, residential property, and several commercial businesses, both retail and office. Landsdowne Housing Development is located approximately one block away from the subject property. The subject property was originally designed for use as a large retail sales center with an expansive asphalt parking area. The applicant's proffered site plan proposes to replace various areas of this asphalt parking area for the purposes of installing street trees and a new parking layout with traffic islands. The IPUD district allows commercial uses in the C-2 district provided the total gross floor area devoted to these uses does not exceed fifteen (15) percent of the total gross land area within an IPUD. The applicant's proposed use of this site, as a business center with light manufacturing and commercial uses, is consistent with the intent, as set out in Section 36.1-307, and application, as set out in Section 36.1-308, of the Zoning Ordinance, for an IPUD. The City Traffic Engineer does not anticipate significant traffic issues with the proposed rezoning. Storm water management for the proposed development can be handled on the property and are not expected to be an issue because of the existing paved surfaces. The proposed development plan has been submitted for formal review and approval as a Comprehensive Development Plan. The Comprehensive Plan recommends that: Development of new or existing industrial areas should be carefully planned and designed to promote quality development and good land use. Controls to help ensure that new or expanded industrial developments are good neighbors for residential areas should be carefully evaluated and strengthened where necessary. 3 Recommendation: Planning Commission recommends that City Council approve the proposed rezoning subject to the proffered conditions. Respectfully submitted, D. Kent Chdsman, Chairman Roanoke City Plannin§ Commission DKC/dd 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 Melrose Properties, LLC, Petitioner 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 clerk@¢i.roanoke.va.us May 18, 2001 File #51 STEPHANIE M. MOON Deputy City Clerk D. Kent Chrisman, Chairperson City Planning Commission 2319 Avenham Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Chrisman: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a first amended petition received in the City Clerk's Office on May 17, 2001, from David A. McCray, representing Melrose Properties, L. L. C., requesting that a tract of land lying on the south side of Melrose Avenue, N. W., and the west side of Twenty-fourth Street, commonly known as the W. B. Clements, Incorporated Property, containing 10.325 acres, more or less, identified as Official Tax No. 2420205, be rezoned from C-2, General Commercial District, to IPUD, Industrial Planned Unit Development, subject to certain proffered conditions. Sincerely, Mary F. City Clerk MFP:ssh Enclosures H :~Rezoning 2001 ~"nelroseprop.wpd D. Kent Chrisman, Chairperson May 18,2001 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council David A. McCray, Melrose Properties, L.L.C., 3330 Hollins Road, N. E., Roanoke, Virginia 24012 Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator ,~"Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner J. Thomas Tasselli, Development Review Coordinator I . ECEIVED HAY :Z 3 2001 Planning and Code Enforcement H :\Rezonin g 2001V~elroseprop.wpd J ~r~o PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA IN RE: Rezoning of a tract of land lying on the south side of Melrose, Avenue, N.W., and west side of Twenty-fourth Street, N.W., commonly known as the W. B. Clements, Incorporated Property containing 10.325 acres, more or less, identified as Roanoke City Tax Map Number 2420205 from C-2, General Commercial District to IPUD, Industrial Planed Unit Development subject to certain proffered conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Melrose Properties, L.L.C. is the owner of the real estate commonly known as the W. B. Clements, Incorporated Property and designated official Tax Map Number 2420205. The parcel is currently zoned C-2, General Commercial District. A map of the property to be rezoned is attached as Exhibit A. - Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner's request that 10.325 acres, more or less, of the said property which is located in an urban enterprise zone, be rezoned from C-2, General Commercial District, to IPUD, Industrial Planned Unit Development District. The Petitioner believes that the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will allow the revitalization of the area. Upon the completion of the rezoning, it is the intention of Melrose Properties, L.L.C. to create a business center which will permit commercial and light manufacturing uses. Proposed uses may include retail and showroom, warehouse distribution, office and light manufacturing facilities. The successful development of the existing 97,000 square foot building will facilitate future construction and development of retail/commercial buildings on land fronting Melrose and 24"' Streets. · In requesting this rezoning, the petitioner voluntarily proffers and agrees to be bounded by the following conditions: 1. 0nly the following uses shall be permitted: a) Principal permitted uses in the LM, Light Manufacturing District, as listed in the Roanoke City Code, Section 36.1-249. b) Nonresidential uses permitted in the C-2 District, section 36.1-206, provided that the total gross floor areas devoted to these uses does not exceed fifteen (15) percent of the gross land area within the IPUD. 2. Lighting shall be shielded from adjacent residential uses. The development plan of the property shall be in substantial conformity with the attached development plan prepared by Rife and Wood dated April 5, 2001, which is attached as Exhibit C. WHEREFORE, the Petitioner requests that the above-described parcel of land be rezoned as requested in accordance with the provisions of the Zoning Ordinance. Respectfully submitted this ~ day of ,~, 2001. Respectfully submitted, Melrose Properties, L.L.C. By: By: David A. McCray / Melrose Properties~ 3330 Hollins Roa¢, Northeast Roanoke, Virginia 24012 (540) 581-1385 Jot ~ ~ -I_i~3sc Melrose Prop{ 3330 Hollins ,~ies, L.L.C. ad, Northeast Roanoke, Virginia 2.4012 (540) 563-9903 EXHIBIT A SubJect. Property .kNEtlN~O-IEtA=~CI :1LI~ poo,~ Name City of Roanoke City of Roanoke Andrew L. Roberts III Mahion P. and Patricia H. Maxey City of Roanoke Vincent A. Board Vincent A. Board Vincent A. Board Vincent A. Board Vincent A. Board Joan E. Jones and Grace A. Jackson Joan E. Jones and Grace A. Jackson David A. Ramey, Sr. Stephanie T. Low John Lee Davenport Virginia R. Fletcher EXHIBIT B Address 215 Church Avenue, Room 250 Roanoke, VA 24011 215 Church Avenue, Room 250 Roanoke, VA 24011 306 First Street, SW Roanoke, VA 24011 3212 Echo Drive Vinton, VA 24179 215 Church Avenue, Room 250 Roanoke, VA 24011 1547 Westside Boulevard, NW Roanoke, VA 24017 1547 Westside Boulevard, NW Roanoke, VA 24017 1547 Westside Boulevard, NW Roanoke, VA 24017 1547 Westside Boulevard, NW Roanoke, VA 24017 1547 Westside Boulevard, NW Roanoke, VA 24017 2509B Melrose Avenue, NW Roanoke, VA 24017 2509B Melrose Avenue, NW Roanoke, VA 24017 2501 Melrose Avenue, NW Roanoke, VA 24017 P.O. Box 2710 Roanoke, VA 24001 3110 Meadowwood Road, SE Roanoke, VA 24014 P. O. Box 100, Pinecroff Atlanta, VA 23303 Tax Numbers 2420208 2420201 2420203 2420204 2420202 2420301 2420302 2420303 2430304 2420305 2420306 2420307 2420308 2322213 2322201 2321501 EXHIBIT B Virginia R. Fletcher Clemma H. Blevins Hugh M. Eaton, Jr. Hugh M. Eaton, Jr. William White, Sr. Shelia A. Allen P. O. Box 100, Pinecroft Atlanta, VA 23303 P.O. Box 447 Palmer Lake, CO 80133 P.O. Box 447 Palmer Lake, CO 80133 3698 Partridge Lane, NW Roanoke, VA 24017 901 Lafayette Boulevard, NW Roanoke, VA 24017 2321502 2321509 2321510 2431715 2431816 TAX ~242020~ PROPERTY OF "FOR£~T PARK $ChO~. ° 08. 8,'5, RG. ~4 £~$~ TAX J2~20205' AN~EW L ROBERTS. M.B, MAP BOOK O.B. DEED PA GE RI~Y OF WA GRAPHIC SCALE {. {~eh - 100 fi. \ 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) 853ol 145 E-mail: clerk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk June 5, 2001 File #51 David A. McCray Melrose Properties, L.L.C. 3330 Hollins Road, N. E. Roanoke, Virginia 24012 Dear Mr. McCray: 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, June 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 Melrose Properties, L.L.C., that a tract of land containing 10.325- acres, more or less, lying on the south side of Melrose Avenue, N. W., and west side of Twenty-fourth Street, commonly known as the W. B. Clements, Incorporated, property, and bearing Official Tax No. 2420205, be rezoned from C-2, General Commercial District, to I PUD, Industrial Planned Unit Development District, subject to certain proffered conditions. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance and a report of the City Planning Commission. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. Questions with regard to the City Planning Commission report should be directed to the Department of Planning and Code Enforcement at 540-853-2344. N:~.ksml~Public Hearings.01'Uune 18, 2001 Public Hearing Rep<xts.w1:x:l David A. McCray June 5, 2001 Page 2 It will be necessary for you, or your representative, to be present at the June 18 public hearing. Failure to appear could result in a deferral of the matter until a later date. MFP:sm Sincerely,/~~ ~ ~ Mary F. ParlOr, CMC City Clerk Enclosure N:\cksml\Public Headngs.01~June 18, 2001 Public Headng ReDorts.wpd 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@¢i.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk June 5, 2001 File #51 The Honorable William White, Sr., Council Member Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Andrew L. Roberts, III Mr. and Mrs. Mahlon P. Maxey Mr. Vincent A. Board Ms. Joan E. Jones and Ms. Grace A. Jackson Mr. David A. Ramey, Sr. Ms. Stephanie T. Low Mr. John L. Davenport and Mr. and Mrs. Gary Dogan Ms. Virginia R. Fletcher Ms. Clemma H. Blevins and Mr. Hugh M. Eaton, Jr. Ms. Sheila A. Allen JGM Properties, Inc. Estelle McCadden, President, Melrose-Rugby Neighborhood Forum 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, June 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 Melrose Properties, L.L.C., that a tract of land containing 10.325- acres, more or less, lying on the south side of Melrose Avenue, N. W., and west side of Twenty-fourth Street, commonly known as the W. B. Clements, Incorporated, property, and bearing Official Tax No. 2420205, be rezoned from C-2, General Commercial District, to IPUD, Industrial Planned Unit Development District, subject to certain proffered conditions. The City Planning Commission is recommending approval of the abovedescribed request. If you would like to receive a copy of the report of the City Planning Commission, please contact the City Clerk's Office at 853-2541. N:~ksml~Public Hea~ngs.01~June 18, 2001 Public Hearing Refx~ts.wlx:l Interested property owner and/or adjoining property owner June 5, 2001 Page 2 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 853-2344. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm N:~J(sml~ublic Heanngs.01~June 18, 2001 Public Heanng Rep(:x~.W!Dd 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 May 18, 2001 File #51 STEPHANIE M. MOON Deputy City Clerk D. Kent Chrisman, Chairperson City Planning Commission 2319 Avenham Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Chrisman: Pursuant to Section 36.1-690(e) of the COde of the City of Roanoke (1979), as amended, I am enclosing copy of a first amended petition received in the City Clerk's Office on May 17, 2001, from David A. McCray, representing Melrose Properties, L. L. C., requesting that a tract of land lying on the south side of Melrose Avenue, N. W., and the west side of Twenty-fourth Street, commonly known as the W. B. Clements, Incorporated Property, containing 10.325 acres, more or less, identified as Official Tax No. 2420205, be rezoned from C-2, General Commercial District, to IPUD, Industrial Planned Unit Development, subject to certain proffered conditions. Sincerely, Mary F. City Clerk MFP:ssh Enclosures H:\Rezoning 2001 ~melroseprop.wpd D. Kent Chrisman, Chairperson May 18, 2001 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council David A. McCray, Melrose Properties, L.L.C. 3330 Hollins Road, N. E Roanoke, Virginia 24012 ' " Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner J. Thomas Tasselli, Development Review Coordinator H:\Rezoning 200 l~rnelroseprop.wpd PETITION TO REZONE IN THE COUNCIL OF TH~'cITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying on the south side of Melrose, Avenue, N.W., and west side of Twenty-fourth Street, N.W., commonly known as the W. B. Clements, Incorporated Property containing 10.325 acres, more or less, identified as Roanoke City Tax Map Number 2420205 from C-2, General Commercial District to IPUD, Industrial Planed Unit Development subject to certain proffered conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Melrose Properties, L.L.C. is the owner of the real estate commonly known as the W. B. Clements, Incorporated Property and designated official Tax Map Number 2420205. The parcel is currently zoned C-2, General Commercial District. A map of the property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner's request that 10.325 acres, more or less, of the said property which is located in an urban enterprise zone, be rezoned from C-2, General Commercial District, to IPUD, Industrial Planned Unit Development District. The Petitioner believes that the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will allow the revitalization of the area. Upon the completion of the rezoning, it is the intention of Melrose Properties, L.L.C. to create a business center which will permit commercial and light manufacturing uses. Proposed uses may include retail and showroom, warehouse distribution, office and light manufacturing facilities. The successful development of the existing 97,000 square foot building will facilitate future construction and development of retail/commercial buildings on land fronting Melrose and 24th Streets. In requesting this rezoning, the petitioner voluntarily proffers and agrees to be bounded by the following conditions: 1. Only the following uses shall be permitted: a) Principal permitted uses in the LM, Light Manufacturing District, as listed in the Roanoke City Code, Section 36.1-249. b) Nonresidential uses permitted in the C-2 District, section 36.1-206, provided that the total gross floor areas devoted to these uses does not exceed fifteen (15) percent of the gross land area within the IPUD. 2. Lighting shall be shielded from adjacent residential uses. The development plan of the property shall be in substantial conformity with the attached development plan prepared by Rife and Wood dated April 5, 2001, which is attached as Exhibit C. WHEREFORE, the Petitioner requests that the above-described parcel of land be rezoned as requested in accordance with the provisions of the Zoning Ordinance. Respectfully submitted this ~ day of~, 2001. Respectfully submitted, Melrose Properties, L.L.C. By: By: ast Roanoke, Virginia 24012 (540) 581 - 1385 Jot q H. Lipsc Melrose Prop 3330 Hollins rties, L.L.C. )ad, Northeast Roanoke, Virginia 24012 (540) 563-9903 2 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Melrose Properties, LLC, corner of Melrose and 24% N.W.) Affidavit Tax No. 2420205, from C-2 to IPUD, conditional ) 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 30th day of April, 2001, notices of a public hearing to be held on the 17th day of May, 2001 ,on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel 2420208 2420201 Owner's Name City of Roanoke Forest Park School 2420203 Andrew L. Roberts, III 2420204 Mahlon P and Patricia Maxey 2420202 2420301 2420302 2420303 2420304 2420305 2420306 2420307 2420308 Fire Station Vincent A. Board Joan E. Jones Grace A. Jackson David A. Ramey, Sr. 2322213 2322201 2321501 2321502 2321509 2321510 2431715 Stephanie T. Low c/o Store #261 John Lee Davenport Gary and Brenda Dogan Virginia R. Fletcher Clemma H. Blevins Hugh M. Eaton, Jr. William White, Sr. 2431616 Shelia A. Allen Mailing Address c/o Superintendent's Office 306 First Street, SW Roanoke, VA 24011 3212 Echo Drive Vinton, VA 24179 c/o Chief Grigsby 1547 Westside Blvd, NW Roanoke, VA 24017 2509B Melrose Avenue Roanoke, VA 24017 2501 Melrose Avenue Roanoke, VA 24017 P O Box 2710 Roanoke, VA 24001 3110 MeadoW~ood Road Roanoke, VA 24014 P O Box 100 Pinecroft Atlantic, VA 23303 P O Box 447 Palmer Lake, CO 80133 3698 Partridge Lane, NW Roanoke, VA 24017 901 Lafayette Blvd., NW Roanoke, VA 24017 2431117 2431123 2421228 JGM Properties, Inc. 30 W. Franklin Road, Suite 800 Roanoke, VA 24011 Also sent to: Pat Reynolds, Villa Heights Estelie McCadden and Vivian Parks, Melrose-Rugby Lindsey Martin, Carl Cooper and Clarice Walker, Loudon-Melrose Gloria Dorma, 1327-B Moorman Avenue, NW 24017 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 30th day of April, 2001. Notary Public PETITION TO RF?ONE IN THE COUNCIL OF THE C'IYY OF ROANOKE, VIRGINIA Rezoning of a tract of land lying on the south side of Melrose, Avenue, N.W., and west side of Twenty-fourth Street, N.W., commonly known as the W. B. Clements, Incorporated Property containing 10.325 acres, more or less, identified as Roanoke City Tax Map Number 2420205 from C-2, General Commercial District to IPUD, Industrial Planed Unit Development subject to certain proffered conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Melrose Properties, EEC. is the owner of the real estate commonly known as the W. B. Clements, Incorporated Property and designated official Tax Map Number 2420205. The parcel is currently zoned C-2, General Commercial District. A map of the property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner's request that 10.325 acres, more or less, of the said property which is located in an urban enterprise zone, be rezoned from C-2, General Commercial District, to IPUD, Industrial Planned Unit Development District. The Petitioner believes that the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will allow the revitalization of the area. Upon the completion of the rezoning, it is the intention of Melrose Properties, L.L.C. to create a business center which will permit commercial and light manufacturing uses. Proposed uses may include retail and showroom, warehouse distribution, office and light manufacturing facilities. The successful development of the existing 97,000 square foot building will facilitate future construction and development of retail/commercial buildings on land fronting Melrose and 24th Streets. In requesting this rezoning, the petitioner voluntarily proffers and agrees to be bounded by the following conditions: 1. Only the following uses shall be permitted: a) Principal permitted uses in the LM, Light Manufacturing District, as listed in the Roanoke City Code, Section 36.1-249. b) Nonresidential uses permitted in the C-2 District, section 36.1-206, provided that the total gross floor areas devoted to these uses does not exceed fifteen (15) percent of the gross land area within the IPUD. 2. Lighting shall be shielded from adjacent residential uses. The development plan of the property shall be in substantial conformity with the attached development plan prepared by Rife and Wood dated April 5, 2001, which is attached as Exhibit C. WHEREFORE, the Petitioner requests that the above-described parcel of land be rezoned as requested in accordance with the provisions of the Zoning Ordinance. I'~ Respectfully submitted this ~ day of ~ , 2001. Respectfully submitted, Melrose Properties, L.L.C. By: ~ Melrose Properties,/L~C. ' 3330 Hollins Road,(N~rtheast Roanoke, Virginia 2"~012 _M_~r_ose Pro~)erties, L.L.C. 3330 Hollins~Road, Northeast Roanoke, Virginia 24012 (540) 563-9903 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.roanok¢.va.us STEPHANIE M. MOON Deputy City Clerk April 10, 2001 File #51 D. Kent Chrisman, Chair City Planning Commission 2319 Avenham Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Chrisman: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition received in the City Clerk's Office on April 9, 2001, from David A. McCray, representing Melrose Properties, L. L. C., requesting that a tract of land lying on the south side of Melrose Avenue, N. W., and the west side of Twenty-fourth Street, N. W., commonly known as the W. B. Clements, Incorporated Property, containing 10.325 acres, more or less, identified as Official Tax No. 2420205, be rezoned from C-2, General Commercial District, to IPUD, Industrial Planned Unit Development, subject to certain conditions proffered by the petitioner. Sincerely, Stephame M. Moon Deputy City Clerk SMM/na Enclosures N :\CKSH 1 ~Rezoning 2001 ~'nelroseprop,wpd D. Kent Chrisman April 10, 2001 Page 2 pc~ The Honorable Mayor and Members of the Roanoke City Council David A. McCray, Melrose Properties, L.L.C., 3330 Hollins Road, N. E., Roanoke, Virginia 24012 Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner H:~melrosepro~.w1:~l PETITION TO REZONE IN THE COUNCIl"OF TH~'CiTY Of ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying on the south side of Melrose, Avenue, N.W., and west side of Twenty-fourth Street, N.W., commonly known as the W. B. Clements, Incorporated Property containing 10.325 acres, more or less, identified as Roanoke City Tax Map Number 2420205 from C-2, General Commercial District to IPUD, Industrial Planed Unit Development subject to certain proffered conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Melrose Properties, L.L.C. is the owner of the real estate commonly known as the W. B. Clements, Incorporated Property and designated official Tax Map Number 2420205. The parcel is currently zoned C-2, General Commercial District. A map of the property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner's request that 10.325 acres, more or less, of the said property which is located in an urban enterprise zone, be rezoned from C-2, General Commercial District, to IPUD, Industrial Planned Unit Development District. The Petitioner believes that the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will allow the revitalization of the area. Upon the completion of the rezoning, it is the intention of Melrose Properties, EEC. to create a business center which will permit commercial and light manufacturing uses. Proposed uses may include retail and showroom, warehouse distribution, office and light manufacturing facilities. The successful development of the existing 97,000 square foot building will facilitate future construction and development of retail/commercial buildings on land fronting Melrose and 24t" Streets. In requesting this rezoning, the Petitioner voluntarily proffers and assures to the following conditions: 1. Only the following uses shall be permitted: a) Principle permitted uses in the LM, Light Manufacturing District, as listed in the Roanoke City Code, Section 36.1-240. b) Nonresidential uses permitted in the C-2, General Commercial. 2. Lighting shall be shielded from adjacent residential areas. The development of the property shall be in substantial conformity with the attached development plan prepared by Rife and Wood dated April 5, 2001, which is attached as Exhibit C, subject to any changes required by the city during development plan review. WHEREFORE, the Petitioner requests that the above-described parcel of land be rezoned as requested in accordance with the provisions of the Zoning Ordinance. Respectfully submitted this 5th day of April , 2001. Respectfully submitted, Melrose Properties, L.L.C. By: David A. McCr, a~ Melrose Prop~ies, EEC. 3330 Hollins Road, Northeast Roanoke, Virginia 24012 (540) 581 - 1385 2 EXHIBIT A N'v'-I,4 EXHIBIT B Name City of Roanoke City of Roanoke Andrew L. Roberts III Mahion P. and Patricia H. Maxey City of Roanoke Vincent A. Board Vincent A. Board Vincent A. Board Vincent A. Board Vincent A. Board Joan E. Jones and Grace A. Jackson Joan E. Jones and Grace A. Jackson David A. Ramey, Sr. Stephanie T. Low John Lee Davenport Virginia R. Fletcher Address 215 Church Avenue, Room 250 Roanoke, VA 24011 215 Church Avenue, Room 250 Roanoke, VA 24011 306 First Street, SW Roanoke, VA 24011 3212 Echo Drive Vinton, VA 24179 215 Church Avenue, Room 250 Roanoke, VA 24011 1547 Westside Boulevard, NW Roanoke, VA 24017 1547 Westside Boulevard, NW Roanoke, VA 24017 1547 Westside Boulevard, NW Roanoke, VA 24017 1547 Westside Boulevard, NW Roanoke, VA 24017 1547 Westside Boulevard, NW Roanoke, VA 24017 2509B Melrose Avenue, NW Roanoke, VA 24017 2509B Melrose Avenue, NW Roanoke, VA 24017 2501 Melrose Avenue, NW Roanoke, VA 24017 P.O. Box 2710 Roanoke, VA 24001 3110 Meadowwood Road, SE Roanoke, VA 24014 P. O. Box 100, Pinecroft Atlanta, VA 23303 Tax Numbers 2420208 2420201 2420203 2420204 2420202 2420301 2420302 2420303 2430304 2420305 2420306 2420307 2420308 2322213 2322201 2321501 EXHIBIT B Virginia R. Fletcher Clemma H. Blevins Hugh M. Eaton, Jr. Hugh M. Eaton, Jr. William White, Sr. Shelia A. Allen P. O. Box 100, Pinecroft Atlanta, VA 23303 P.O. Box 447 Palmer Lake, CO 80133 P.O. Box 447 Palmer Lake, CO 80133 3698 Partridge Lane, NW Roanoke, VA 24017 901 Lafayette Boulevard, NW Roanoke, VA 24017 2321502 2321509 2321510 2431715 2431816 TAX ~242020t PROPERTY OF ? ?Y OF ROANOKE "FOREST PARK SChOOt. ~ \s 86'33'2z"E TAX J2~20208 PROPERTY OF CITY DP ROANOKE PARCEL ~ k~ 1, PO 739 D.B, 1732, P~ I201 M.B. MAP BOOK D.B. DEED BOOK EXIST, EXISRNG I.P. IRON PIN M.B.I, MINIMUM BUILDING lINE P~ PAGE R./~/ RIGHT OF WA Y PARKING ~2~02 N 8Y'3~ TAX ~2~20203~ PROPERTY OF ANDREW L. ROBERTS. III PARCEL 2 ~,~ 1, PG. 739 D.B. ~6BO, PG. 805 ENCROACHES 0. 4' ENCROaCheS ~.7' s ~' 202' ASPHA~ T PARKIN~ t %~' RAD, s 85~83&" w, 64.30' S 383~'22' £ TAX PROPER 1 MAHL~N t~ UA CITY GRAPHIC SCALE I hlcb= 100 fL TAX ~2420201 PROPERTY OF C! T~ OF ROANOKE "FOi~ES T ?ARK $Ch'O~. D. 8. 87~, PG. 84 11. 100, 00', TAX ~2420208 PROPER TY OF CITY OF ROANOKE PAF~CEL ! M.~. 1, PG 739 D.B. 1732, PG. I20I £XIST, /.p. LM~MNO M,B, EXIS T, I.P. PG. MAP BOOK DEED BOOK EXI SUN G IRON PIN MINIMUM BUILDING LINE PAGE RIGHT OF WA Y £~S T. PAD EXIST. I,P, A SPHA L T PARKING ASPHALT PARKING ~0~ NAIL '\ ~')OST I~P. BEAR$~ $57'J5'O4"W 1.06' ENCROACHES O. 4' METAL STORA~_~ BUILDING ENCROACHES S ~' (~.IR~E RAD~ C~ c2, 17o~.. CS 17o5.. EXIST PK. NAIL -- S 4~'52"£ 8.24' S 85~8'3B* W, 64.30' S 38'~'22" £ 80.00' TAX ~2~ PROPER 1 MANL ON P, D.B, N 82'34'22" W TAX ~2~20203~ PROPERTY OF ANDREW L. ROBERTS, III PARCEL 2 M.B. 1, PC, 739 D.B.i 1680, PO 805 729, 90' 20.2' oa*~2'.~" w, ~2o, -- CITY EMST. IR~ PI^ A SPHA ~ T PARKING L~ \, I I I ! GRAPHIC SCALE ( n~ ~ET ) 1 inch = 100 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke T~mes MELROSE PROPERTIES, LLC 3330 HOLLINS ROAD, NE ROANOKE VA 24012 REFERENCE: 80066168 01682902 Melrose 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 June 2~0~. Witnes~ _my/~ha. ndAand official seal. ~~__~_~~_~____ , Notary Public My commission expires _~~_J~~ PUBLISHED ON: 06/01 06/08 TOTAL COST: 210.94 FILED ON: 06/13/01 :24 Authori ~ S lgnatu~e~',~D~ ~/~'~/ , Billing Services Representative NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, June 18, 2001, at 7:00 p.m., in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from C-2, General Commercial District, to IPUD, Industrial Planned Unit Development District, the following property: That tract of land containing 10.325-acres, more or less, lying on the south side of Melrose Avenue, N.W., and west side of Twenty-fourth Street, N.W., commonly known as the W. B. Clements, Incorporated, property, and bearing Official Tax No. 2420205, subject to certain proffered conditions. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. 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 Thursday, June 14, 2001. GIVEN under my hand this 29thday of lqay ,2001. Mary F. Parker, City Clerk. H:LNOTICEhN-Rez - Melrose Prop (PH 6-4-01) Please publish in The Roanoke Times once on Friday, June 1,2001, and once on Friday, June 8, 2001. Send affidavit to: Mary F. Parker City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 Send bill to: David A. McCray Melrose Properties, LLC Hollins Road, N. E. Roanoke, Virginia 24012 N:\cksml\Public Hearings.01~N-Rez - Mekose Prop (PH 6-4-01) CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 6, 2001 File #166-207 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35435-070201 providing for the fee simple conveyance of two small tracts of City-owned property located at the Roanoke Centre for Industry and Technology, adjacent to Tracts A, B and F, to Blue Hills Golf Corporation (containing approximately 14,000 square feet) and to Anderson Wade Douthat, et al. (containing approximately 12,000 square feet), upon certain terms and conditions. The above referenced measure was adopted on its first reading by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 18, 2001, also adopted on second reading on Monday, July 2, 2001, and will be in full force and effect ten days following the date of adoption of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFp:mh Attachment H:XAgenda.01XJuly 2, 200l correspondenc.wpd Darlene L. Burcham July 6, 2001 Page 2 pc: John Montgomery, President, Blue Hills Golf Corporation, P. O. Box 5242, Roanoke, Virginia 24012 Anderson Wade Douthat, III, President, Anderson Wade Douthat, cio Alleghany Construction Company, 2830 Nicholas Avenue, N. E., Roanoke, Virginia 24012 James D. Grisso, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations Robert K. Bengtson, Director, Public Works Phillip C. Schirmer, City Engineer H:X, Agenda.01XJuly 2, 2001 correspondcnc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 2001. No. 35435-070201. AN ORDINANCE providing for the fee simple conveyance of two small tracts of City-owned property located at the Roanoke Centre for Industry and Technology, adjacent to Tracts A, B and F, to the Blue Hills Golf Corporation (containing approximately 14,000 sq. ft.), and to Anderson Wade Douthat, et al. (containing approximately 12,000 sq. ft.), upon certain terms and conditions. WHEREAS, a public hearing was held on June 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 said conveyance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The appropriate City officials are authorized to take the necessary action to convey two small tracts of City-owned property located at the Roanoke Centre for Industry and Technology, adjacent to Tracts A, B and F, to the Blue Hills Golf Corporation (containing approximately 14,000 sq. ft.), and to Anderson Wade Douthat, et al. (containing approximately 12,000 sq. ft.), at the sole cost of the Grantees, and upon the terms and conditions set forth in the City Manager's letter to this Council dated June 18, 2001. 2. All documents necessary for this conveyance shall be upon form approved by the City Attorney. 3. The Restrictive Covenants shall remain undisturbed on these tracts of land and survive any agreement between the City and Grantees. ATTEST: City Clerk. N:\CAI[~2~Measures\OS-RCIT (2 tracts) (6-18-01) Office of the City Manager '0~ June 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. VVyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Roanoke Centre for Industry and Technology Property Transfers The attached report was considered by Council at its regular meeting of May 21, 2001, and a public hearing on the matter has been advertised for June 18, 2001. An ordinance is transmitted for Council's consideration, the adoption of which will authorize the conveyance of City-owned property to Blue Hills Golf Corp. and Anderson Wade Douthat, et al, subject to terms and conditions acceptable to the City Manager. The Restrictive Covenants of Roanoke Centre for Industry and Technology for the property being conveyed will remain in effect. Darlene L. Burcham City Manager DLB/PCS Attachments c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Philip C. Schirmer, City Engineer #CM01-00081 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 Office of the City Manager May 21, 2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Hards, 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: Roanoke Centre for Industry and Technology Property Transfers During the grading and development of three new sites (Tracts A, B and F), in Roanoke Centre for Industry and Technology (RCIT), two adjoining property owners have requested small portions of real property be conveyed to the adjoining owners. These adjoining owners are 1) Blue Hills Golf Corp. and 2) Anderson Wade Douthat, Et al. 1) Blue Hills Golf Corp. seeks approximately 14,000 square feet of property to resolve an encroachment of golf facilities onto City owned property. The area to be transferred is bounded by an existing fence. A map of the area is provided as Attachment 1. Blue Hills Golf Corp. has agreed to provide all necessary surveys and other documents for the transfer at no cost to the City. Additionally, they have agreed to make Blue Hills Golf Corp. facilities available to support a youth golf program. In general, 24 junior golf memberships would be provided for a period of two years. The program would include on site golf instruction, green fees and an annual tournament. Access to golf facilities would be limited to afternoons, Monday through Friday. 2) Anderson Wade Douthat, Et al seeks approximately 12,000 square feet of property to provide a landscaped buffer area between the RClT sites and an existing construction storage yard and communications tower. The property to be transferred is a stdp approximately 20 feet in width that adjoins the tower site. A map of the area is provided as Attachment 2. Anderson Wade Douthat has proposed providing additional site grading work at RClT, valued at approximately $9,000 in exchange for the requested property. Anderson Wade Douthat will assume all costs associated with the proposed transfer and provide landscaping in the area to be conveyed at no cost to the City. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-I 138 CityWeb:www. cl.roanoke.va.us Honorable Mayor and Members of Council May 21, 2001 Page ~- Recommended Actions: Authorize a public headng on the disposition of surplus property. Following a public headng, authorize the City Manager to execute all necessary agreements and other documents to convey the real property owned by the City of Roanoke [Grantee is to be responsible for all title work, surveying, plat preparation, and preparation of legal documents], subject to terms and conditions acceptable to the City Manager, as follows: 1) To Blue Hills Golf Corp., approximately 14,000 square feet of property in general conformance with Attachment 1. 2) To Anderson Wade Douthat, Et al, approximately 12,000 square feet of property in general conformance with Attachment 2. Respectfully submitted, City Manager DLB/PCS/bls Attachments C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance #CM01-00081 ti Ii \ ! It , ! ! I III I . ....,TRA~C..T--4E ! Legals Staff <legals@roanoke.com > 06/08/2001 09:44 AM To: Stephanie_Moon@ci.roanoke.va.us cc: Subject: Notice of Public Hearings - June 10, 2001 -Reply The other ad: Runs Sunday - cost $124.02... thanks.., martha [NOTICE OF PUBLIC HEARINGI The City of Roanoke proposes to convey portions of City owned property located at the Roanoke Centre for Industry and Technology to Blue Hills Golf Corporation (approximately 14,000 sq.ft.) and to Anderson Wade Douthat, et al. (approximately 12,000 sq.ft.). 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 Monday, June 18, 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. 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 (853-2541), before 12:00 noon on Thursday, June 14, 2001. GIVEN under my hand this 30th day of May, 2001. Mary F. Parker, City Clerk. (1689321) 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 01689321 Anderson Douthat 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 June 20~. Witness ~9~d and official seal.__~_~__~_/~Q~ ....... Notary Public My commission expires PUBLISHED ON: 06/10 TOTAL COST: 124.02 FILED ON: 06/13/01 NOTICE O~: PUBUC HEARING to convey portions of City sm] Teclmo~o~ to Blue Hills ~ coq~xmm, (mpr~dma~y 14.000 sq,fL) end to Andmm0~ Wade Dout~% e~ .~. (appr~d- mm~y ~2.000 cod, of ;r~nm (~0). amended, neUce Is hereby p.m. In the Coun~l Ctwimbers 4th Floor, No~ ~. T~ Munic- Ipal Builcffn& 2]~ Chu~t Ave- mm, $.W., ~x~ce, ~qr~n~. Further Infommtkxl ability who needs day of May, 2001. MmyF. P~'ker, (J. eaga2:t) Aut hori ~d~~~~( ~ Slgnatu _/...~._-__ , Billing Services Representative NOTICE OF PUBLIC HEARING The City of Roanoke proposes to convey portions of City owned property located at the Roanoke Centre for Industry and Technology to Blue Hills Golf Corporation (approximately 14,000 sq.fi.) and to Anderson Wade Douthat, et al. (approximately 12,000 sq.fi.). 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 heating on the above matter at its regular meeting to be held on Monday, June 18, 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. 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 heating, please contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, June 14, 2001. GIVEN under my hand this 30th day of l~lay .,2001. Mary F. Parker, City Clerk. Note to Publisher: Please publish once in The Roanoke Times on Sunday, June 10, 2001. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 H:~NOT1CE-WRC-CC\NS-RCIT (PH 6-18-01) CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 6, 2001 File #514 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35436-070201 vacating, discontinuing and closing that certain 18 foot public right-of-way which crosses Official Tax No. 4010213, between Norfolk Avenue, S. E., and Official Tax No. 4010209. The above referenced measure was adopted on its first reading by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 18, 2001, also adopted on second reading on Monday, July 2, 2001, and will be in full force and effect ten days following the date of adoption of its second reading. Mary F. Parker, CMC City Clerk MFP:mh Attachment H:XAgenda.01XJuly 2, 2001 correspondcnc.wpd Darlene L. Burcham July 6, 2001 Page 2 pc: D. Kent Chrisman, Chair, City Planning Commission, 2319 Avenham Avenue, S. W., Roanoke, Virginia 24014 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 H:~Agenda.01~July 2, 2001 correspondenc.wpd 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 2001. No. 35436-070201. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. WHEREAS, the City of Roanoke 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; and WHEREAS, a public hearing was held on said application by the City Council on June 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 described as follows: That certain eighteen foot (18') public right-of-way which crosses Official Tax No. 4010213, between Norfolk Avenue, S.E., and Official Tax No. 4010209, be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the 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 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 right-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, and 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 right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-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 of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. 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, 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 FINALLY 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. ATTEST: City Clerk. H:\OR.D-CLOS~O-SC - City (Norfolk Ave) (PH 6-18-01) ~CHARTERED 1~8~ Roanoke City Department of Planning and Code Enforcement Room 166, Municipal Building 215 Church Avenue, S.W. ~ !~ROanoke, Virginia 24011 · .,(,.540) 853-2344 (Fax) 853-1230 Email: planning@ci.roanoke.va.us June 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, Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Request of the City of Roanoke to permanently vacate, discontinue and close a certain alley crossing Official Tax No. 4010213, located between Norfolk Avenue, S.E., and property bearing Official Tax No. 4010209 and facing Salem Avenue, S.E., be permanently vacated, discontinued and closed. Planning Commission Action: On May 17, 2001, the Planning Commission held a public hearing on the proposed closure. By a vote of 5-0-1 (Messrs. Butler, Dowe, Hill, Manetta and Rife voting for the request, Mr. Campbell absent and Mr. Chrisman abstaining), the Commission recommended that City Council approve the request to permanently vacate, discontinue and close the alley subject to conditions. Background: The above described alley is an 18-foot wide undeveloped alley right-of-way that extends from the southerly right-of-way boundary of Norfolk Avenue, S.E., across an existing paved parking lot and terminates at the rear of Billy's Ritz and Tony's Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals restaurants on Salem Avenue, S.E. This alley right-of-way was created by Ordinance No. 12130, on May 17, 1954. All of the properties abutting upon the subject alley are owned by the applicant, the City of Roanoke, which intends to convey the land within the vacated right-of-way and the surrounding properties identified as Tax Parcels 4010213, 4010212, 4010209, and 4010205 to the Western Virginia Foundation for the Arts and Sciences. The land is to be used for the development of a new structure to house an art museum and an IMAX theater. This undeveloped alley right-of-way is currently serving no useful purpose. This alley right-of-way currently lies within the center of an existing parking lot and is not being used as a public alley. Closure and vacation of the alley will provide additional land that can be used by the above described foundation for purposes that would be more beneficial to the needs of the general public. Planning Commission public hearing was held on Thursday, May 17, 2001. Mr. Phil Schirmer, City Engineer, appeared on behalf of the City. Mr. Ted Tucker gave the staff report, recommending approval of the requested closure. There was no one present who spoke in favor of or in opposition to the request. Considerations: Application has been reviewed by all responsible and affected internal City departments. No concerns or objections have been expressed by any internal City department. Applicant advises that the total area to be vacated will be more accurately defined on the plat of survey/subdivision to be required as a condition to the vacation of the subject alley. Appalachian Electric Power Company has notified staff that it has facilities above the subject alley right-of-way. There are no other public or private utilities located within the alley right-of-way. The City's Comprehensive Plan recommends that available land should be utilized in the most appropriate manner. Recommendation: The Planning Commission recommended that City Council approve the request to permanently vacate, discontinue and close the described undeveloped alley subject to the following conditions: 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 2 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. 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 Respectfully submitted D. Kent Chrisman, Chairman Roanoke City Planning Commission attachments 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 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.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk April 10, 2001 File #514 RECEIVED '.I1~ 1 1 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 April 5, 2001, from Darlene L. Burcham, City Manager, representing the City of Roanoke, requesting that an 18' public right-of-way which crosses Official Tax No. 4010213 and Official Tax No. 4010209, (between Norfolk Avenue, S. E.) be permanently vacated, discontinued and closed. Sincerely, Deputy City Clerk SMM/na Enclosures D. Kent Chrisman April 10, 2001 Page 2 pc~ The Honorable Mayor and Members of the Roanoke City Council Darlene L. Burcham, City Manager Willard N. Claytor, Director, Real Estate Valuation ae~yn D. Dorsey, Zoning Administrator ha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner J. Thomas Tasselli, Development Review Coordinator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: APPLICATION OF THE CITY OF ) ROANOKE FOR CLOSURE OF AN ) ALLEY ACROSS TAX PARCEL ) 4010213 ) APPLICATION FOR VACATING, DISCONTINUING AND CLOSING AN ALLEY TO THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL: (1) The City of Roanoke ("Petitioner") applies to have a public right-of-way which crosses Official Tax No. 4010213, permanently vacated, discontinued and closed pursuant to Section 15.2-2006, Code of Virginia, (1950), as amended, and Section 30-14, Code ofthe City of Roanoke (1979), as amended. This public right-of-way is more particularly described on the attached Preliminary Map dated February 14, 2001, by T. P. Parker & Son (Exhibit A) and as follows: An eighteen foot (18') public right-of-way which crosses Official Tax No. 4010213, between Norfolk Avenue, SE, and Official Tax No. 4010209. The total area will be more accurately defined on a plat of survey to be required as a condition of closure. (2) The only properties adjacent to the subject alley are owned by the City of Roanoke. Following closure of the alley, the City intends to convey the property which had been contained within the right-of-way and the surrounding properties, identified as Tax Parcels 4010213, 4010212, 4010209, and 4010205 to the Western Virginia Foundation for the Arts and Sciences for the development of a new structure to house an art museum and an IMAX Theatre. (3) Closure of this unopened portion of right-of-way will have no adverse effect on any property or owner. This alley was not created at the time of the original subdivision, but by Ord. No. 12130, dated May 17, 1954. Therefore, the property which had been contained within the right-of-way would not revert to an original subdivider, but would revert to the adjoining property owner, the City. Ordinance No. 12130 should be repealed. (4) A list of the property owners whose lots abut the subject alley is attached as Exhibit B. WHEREFORE, the City of Roanoke respectfully requests that the above-described right- of-way be permanently vacated, discontinued and closed by the Council of the City of Roanoke; and Ordinance No. 12130, dated May 17, 1954 shall be repealed, in accordance with Section 15.2-2006, Code of Virginia, (1950), as amended, and Section 30-14, Code of the City of Roanoke (1979), as amended. Date: Respectfully submitted, City Manager I \WPDOCS'~PlanningCom~MAX-P~t 2 Exhibit A FAISON ROANOKE OFFICE BUILDING MARKET STREET, S.E. 60' ¢2 · LOT 41 gg- = . LOT ¢0 'LOT IrAISON NON40([ ~ M)J~KET ST, Exhibit "B" LIST OF ADJACENT PROPERTY OWNERS Owner Tax Number City of Roanoke 215 Church Avenue, SW Roanoke, VA 24011 4010213 City of Roanoke 215 Church Avenue, SW Roanoke, VA 24011 4010209 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-I 536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk April 10, 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 April 5, 2001, from Darlene L. Burcham, City Manager, representing the City of Roanoke, requesting that an 18' public right-of-way which crosses Official Tax No. 4010213 and Official Tax No. 4010209, (between Norfolk Avenue, S. E.) be permanently vacated, discontinued and closed. Sincerely, Deputy City Clerk SMM/na Enclosures D. Kent Chrisman April 10, 2001 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Darlene L. Burcham, City Manager 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 Edward R. Tucker, City Planner J. Thomas Tasselli, Development Review Coordinator '©i ~ '~ :" i:'1:? IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: APPLICATION OF THE CITY OF ) ROANOKE FOR CLOSURE OF AN ) ALLEY ACROSS TAX PARCEL ) 4010213 ) APPLICATION FOR VACATING, DISCONTINUING AND CLOSING AN ALLEY TO THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL: (1) The City of Roanoke ("Petitioner") applies to have a public right-of-way which crosses Official Tax No. 4010213, permanently vacated, discontinued and closed pursuant to Section 15.2-2006, Code of Virginia, (1950), as amended, and Section 30-14, Code of the City of Roanoke (1979), as amended. This public right-of-way is more particularly described on the attached Preliminary Map dated February 14, 2001, by T. P. Parker & Son (Exhibit A) and as follows: An eighteen foot (18') public right-of-way which crosses Official Tax No. 4010213, between Norfolk Avenue, SE, and Official Tax No. 4010209. The total area will be more accurately defined on a plat of survey to be required as a condition of closure. (2) The only properties adjacent to the subject alley are owned by the City of Roanoke. Following closure of the alley, the City intends to convey the property which had been contained within the right-of-way and the surrounding properties, identified as Tax Parcels 4010213, 4010212, 4010209, a nd 4010205 to the Western Virgin ia Foundation for the Arts a nd Sciences for the development of a new structure to house an art museum and an IMAX Theatre. (3) Closure of this unopened portion of right-of-way will have no adverse effect on any property or owner. This alley was not created at the time of the original subdivision, but by Ord. No. 12130, dated May 17, 1954. Therefore, the property which had been contained within the right-of-way would not revert to an original subdivider, but would revert to the adjoining property owner, the City. Ordinance No. 12130 should be repealed. (4) A list of the property owners whose lots abut the subject alley is attached as Exhibit B. WHEREFORE, the City of Roanoke respectfully requests that the above-described right- of-way be permanently vacated, discontinued and closed by the Council of the City of Roanoke; and Ordinance No. 12130, dated May 17, 1954 shall be repealed, in accordance with Section 15.2-2006, Code of Virginia, (1950), as amended, and Section 30-14, Code of the City of Roanoke (1979), as amended. Date: Respectfully submitted, City Manager I:\WPDOCS\PlanningCom~IMAX-Pet 2 Exhibit A FAISON ROANOKE OFFICE BUILDING MARKET STREET, S.E. (FORM[RLy FIRST STRICT) 60' W~DE P&v~O . 42 ' LOT 41 LOT 40 'LOT MERIDIAN OF M.B. 1. PG 990 FAISON ROM40K[ OFFlC~ LIMCTE0 PARTN['RS~IP & CiTY OF ROANOKE S o z -o MARK[T ~T, ~ t~J -- - Exhibit "B" LIST OF ADJACENT PROPERTY OWNERS Owner City of Roanoke 215 Church Avenue, SW Roanoke, VA 24011 Tax Number 4010213 City of Roanoke 215 Church Avenue, SW Roanoke, VA 24011 4010209 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roa!nok'e Times ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 01682878 State of Virginia City of Roanoke Norfolk Ave 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 J /~__day of June 20~. Witnes. s myDhand and official s e a 1 · ___~~.L~--_~_~_~ ...... Notary Public My commission, expires ...... ~_~j~~ . PUBLISHED ON: 06/01 06/08 TOTAL COST: 199.00 FILED ON: 06/13/01 S lgnat~~'_~__.__~__~fl/._~/ , Billing Services Represent ative NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Heating on Monday, June 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 fight-of-way: That certain eighteen foot (18') public fight-of-way which crosses Official Tax No. 4010213, between Norfolk Avenue, S.E., and Official Tax No. 4010209. 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 Thursday, June 14, 2001. GIVEN under my hand this 29thday of lqay ,2001. Mary F. Parker, City Clerk. H:\NOTICE~q-SC - City (Norfolk Ave) (PH 6-18-01 ) Please publish in The Roanoke Times once on Friday, June 1, 2001, and once on Friday, June 8, 2001. Send affidavit and bill to: Mary F. Parker City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 N:\cksml\Public Hearings.0 lb'q-sc - City (Norfolk Ave) (PH 6-18-01) CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 6, 2001 File #132 Darlene L. Burcham,City Manager William M. Hackworth, City Attorney James D. Grisso, Director of Finance Robert H. Bird, Muncipal Auditor Willard N. Claytor, Director, Real Estate Valuation Dear Ms. Burcham and Gentlemen: I am attaching copy of Resolution No. 35454-070201 establishing a meeting schedule for City Council for the fiscal year commencing July 1,2001 and terminating on June 30, 2002. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 2, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment HSAgenda.01XJuly 2, 2001 corrcspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 2001. No. 35454-070201. A RESOLUTION establishing a meeting schedule for City Council for the Fiscal Year commencing July 1, 2001, and terminating June 30, 2002. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This resolution establishes a schedule of regular meetings for City Council for the Fiscal Year commencing July 1, 2001, and terminating June 30, 2002. 2. For such fiscal year, City Council shall hold regular meetings on the first, third and fifth Mondays of each month, at the following times of commencement:. (a) Unless otherwise provided by resolution of Council, each regular meeting on the first Monday in each month shall commence at 12:15 p.m. for the conduct of informal meetings, work sessions or closed meetings. Thereafter Council shall take up the regular agenda at 2:00 p.m. Council may recess between the 12:15 p.m. session and the 2:00 p.m. session. (b) Unless otherwise provided by resolution of Council, each regular meeting on the third Monday in each month shall commence at 2:00 p.m for the conduct of regular business. The second meeting of each month shall be recessed upon the completion of all business except the conduct of public hearings, and such meeting shall be reconvened at 7:00 p.m. on the same day for the conduct of public hearings. (c) Unless otherwise provided by resolution of Council, the meetings of Council held on each fifth Monday of a month shall commence at 12:15 p.m., for the purpose of receiving briefings by the City Manager, reports of Council members serving in liaison capacities on various committees and for planning purposes. 3. When any regularly scheduled Monday meeting shall fall on a holiday of the City, such meeting shall be held on Tuesday next following. 4. All meetings of City Council shall be automatically adjourned at 11:00 p.m., unless a motion setting a new time for adjournment be made, seconded and unanimously carried. 5. All regular meetings of City Council shall be held in the Council Chambers, Room 450, of the Municipal Building in this City, unless otherwise provided by resolution of Council. 6. City Council may prescribe a day or time other than that established by this resolution or a meeting place other than that established by this resolution by adoption of a resolution establishing a new meeting day, place or time. City Council shall cause a copy of such resolution to be posted adjacent to the door of the Council Chambers and inserted in a newspaper having general circulation in the City at least seven days prior to the date of the meeting at such amended day, time or place 7. This Resolution shall have no application to special meetings of City Council called pursuant to § 10 of the City Charter. ATTEST: H,\~SUll~S\~-ne~eg~chedule.1 City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 6, 2001 File #1-132-17 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney James D. Grisso, Director of Finance Robert H. Bird, Muncipal Auditor Willard N. Claytor, Director, Real Estate Valuation Dear Ms. Burcham and Gentlemen: I am attaching copy of Resolution No. 35455-070201 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. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 2, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment h:~genda. O 1 x July 2,2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, 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 members 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, Octoberl 5, 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 Chambers 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 doors of the Council Chambers and inserted in a newspaper having general circulation in the City at least seven days prior to October 18, 2001. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 6, 2001 File #184-83-38-280-104-162 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney James D. Grisso, Director of Finance Robert H. Bird, Municipal Auditor Willard N. Claytor, Director, Real Estate Valuation Dear Ms. Burcham and Gentlemen: I am attaching copy of Ordinance No. 35456-070201 establishing compensation for the City Manager, City Attorney, Director of Finance, Director of Real Estate Valuation, Municipal Auditor and City Clerk for the fiscal year beginning July 1,2001, retroactive to July 1,2001. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 2, 2001. ~ ~,,~ ~, ~~.~_.Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Kenneth S. Cronin, Director, Human Resources H:XAgenda.01XJuly 2, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of July, 2001. No. 35456-070201. AN ORDINANCE establishing compensation for the City Manager, City Attorney, Director of Finance, Director of Real Estate Valuation, Municipal Auditor and City Clerk for the fiscal year beginning July 1,2001; and providing for an emergency and an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. For the fiscal year beginning July 1, 2001, and ending June 30, 2002, and for succeeding fiscal years unless modified by ordinance duly adopted by this Council, the annual salaries of Council-appointed officers shall be as follows: City Manager City Attorney Director of Finance Director of Real Estate Valuation Municipal Auditor City Clerk Current salary plus 3.5% Current salary plus 3.5% Current salary plus 3.5% Current salary plus 3.5% Current salary plus 3.5% Current salary plus 3.5% 2. Any increase in compensation due to any officer or employee under this Ordinance shall be first paid with the paycheck of July 18,2001, retroactive to July 1,2001. 3. On and after January 1, 2002, the Director of Finance shall pay a lump sum of $8,000.00 per calendar year to ICMA as deferred compensation on behalf of the six incumbent Council-appointed officers. 5. In no calendar year shall amounts of deferred compensation contributed by the City to ICMA on behalf of the si:~ Council-appointed officers exceed the maximum amount permitted by the Intemal Revenue Code and IRS regulations to be deferred on a tax-free basis annually. 6. The Director of Finance shall be authorized, for and on behalf of the City, to execute any documents required by ICMA to implement this ordinance. 7. This ordinance shall remain in effect until amended or repealed by ordinance duly adopted by City Council. 8. 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 retroactive to July 1,2001. ATTEST: o-salcap.2000 City Clerk. ROANOKE VALLEY REGIONAL LEADERSHIP SUMMIT MEETING IN BEDFORD COUNTY THURSDAY, JULY 12, 2001 11:30 AM ABOARD THE VIRGINIA DARE 11:30 am Noon 1:00 pm 2:00 pm Arrival at Dock, Virginia Dare Departure Welcome Greeting from Host Locality Bedford County - Vice Chairman, Bedford County Board of Supervisors, Kirby Richardson Lunch Meeting Call to Order- Acting Chairman, Kirby Richardson Introductions Host Locality Presentation - Tourism - Nanci Drake Economic Development - Sue Gilbert General Local Government- Bill Rolfe Report from Subcommittee - Clay Goodman, Town Manager, Town of Vinton Discussion Establishment of Next Meeting(s) Adjourn Return to Dock bos/rvsurnrnagen Leadership Summit Subcommittee Report The Roanoke Valley Regional Leadership Summit Subcommittee held a meeting on June 21, 2001 at the Roanoke County Administration Building. The purpose of the Subcommittee meeting was to discuss recommendations to establish a regional identity for economic development purposes and to offer suggestions for consideration by all localities participating in the Leadership Summit meetings. Roanoke County Board Chairman, Fuzzy Minnix, opened the Subcommittee meeting asking the participants to provide their thoughts and comments on the furore direction the Leadership group may wish to take. Meeting and conversing with the local government elected and appointed representatives is helping to forge regional cooperation. If the group is to be effective it is essential that the participants start to identify what the group can agree on in order to forge a regional identity. This new regional identity could result in the members coalescing into an effective body to provide results that would help each government to meet their goals and objectives for their citizens and communities. Several suggestions were discussed. The Subcommittee focused on establishing a regional General Assembly lobbying effort on those issues which all-participating governments could reach agreement. Look to establish an identity that can unite and reach across urban, subrban and rural constituents and establish a name and/or logo, which could help, identify and unite the region. The Subcommittee discussed in great detail the possibility of inviting other local government to participate in forging this new regional effort. After a lively discussion, the Subcommittee agreed on the following common objectives: · Education · Workforce Development · Transportation · Creation of one identity and image · Historical resources · High paying jobs · One physical identity and one tourism package to market the region The following specific recommendations Were recommended for presentation for approval to the main Leadership group. 1. The following localities be invited to participate in future Leadership Summits. · Virginia Tech · Momgomery County · Blacksburg · Christiansburg · Alleghany County · Covington · Clifton Forge · Lynchburg · Craig County The localities create an identity and image or "brand" for regional marketing, tourism, economic development, and political strength. That at each future Leadership Summit meeting, the host community provide a brief community profile which would include the commtmity's pressing issues, positive attributes and any other information the host wishes to share with the Leadership Summit group. Finally, the Subcommittee would continue to function in the future, with the immediate past Leadership Summit host community serving as host for the next Subcommittee meeting. The Subcommittee's charge would be to act as an executive board of the full group to afford time and oppommity to discuss action plan recommendations to the full Leadership Summit membership. The Subcommittee host community would set the meeting date, time and location. The host would prepare an agenda and provide the full membership with a report at the next Leadership Summit meeting. These four recommendations are hereby presented as the Subcommittee report and the full membership is asked to act on these recommendations. Respectfully submitted on behalf of the Regional Leadership Summit Subcommittee by Clay Goodman as authorized by the Subcommittee. If you have any questions regarding these recommendations, I would be glad to attempt to answer your questions. Attendees for the 3rd Leadership Summit meeting are as follows: (~) (2) (3) (4) (5) (6) (7) Ralph K. Smith William D. Bestpitch W. Alvin Hudson Rolanda A. Johnson William M. Hackworth James D. Grisso Mary F. Parker OFFICE OF,'~.HE COUNTY ADMINISTRATOR June 26,2001 Ms. Mary F. Parker Roanoke City Clerk 215 Church Avenue, SW Roanoke, VA 24011 Dear Ms. Parker: The next meeting of the Roanoke Valley Leadership Summit which will be hosted by Bedford County will be held on Thursday, July 12, 2001, at 12:00 Noon on The Virginia Dare, located off White House Road, Route 608, on Airport Road, Route 853 in southern Bedford County, 540-297-7100 (directions attached). The Virginia Dare will leave promptly at 12:00 Noon so please plan to arrive at 11:30 a.m. in order for everyone to be able to board. The dress will be casual attire. This will be a lunch cruise and will be set up buffet style. The crew will take one table up to the buffet at a time and serve them. Please let Tabatha Atkinson of my office know by Friday, July 6, 2001, how many from your locality will be attending. I look forward to our continued working relationship as we strive to accomplish goals for the benefit of all of our citizens. Sincerely, William C. Rolfe County Administrator WCR/ta Attachment - (Virginia Dare Directions) 122 EAST MAIN STREET, SUITE 202, BEDFORD, VIRGINIA 24523 (540) 586-7601 - FAX: (540) 586-0406 www. co. bedfo rd. va. u s Board of Supervisors H. Odell "Fuzzy" Minnix, Chairman Cave Spring Magisterial District Joseph B. "Butch" Church, Vice-Chairman Catawba Magisterial District RO. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 June 27,2001 V/The Honorable Ralph K. Smith Mayor, City of Roanoke 215 Church Avenue, S. W., Room 452 Roanoke, Virginia 24011 Dear Ralph and Darlene: RECEIVED JUL 2 201)1 MAYOR'S OFFICE Bob L. Johnson Hollins Magisterial District Joseph McNamara Windsor Hills Magisterial District Harry C. Nickens Vinton Magisterial District Ms. Darlene Burcham Roanoke City Manager 215 Church Avenue, SW Roanoke, Virginia 24011 On Thursday, June 21, 2001, the Roanoke Valley Regional Leadership Summit Subcommittee held a meeting to discuss recommendations to establish a regional identity for economic development and tourism purposes and to offer suggestions for consideration by all the localities participating in the Leadership Summit meetings. A list of those who were appointed by each governing body is attached. The meeting was very productive and the meeting participants had some outstanding ideas and suggestions. A copy of the meeting notes is attached. I would appreciate it if you would forward copies to the members of your governing body for their review. The group reached consensus that Vinton Town Manager Clay Goodman will present a report at the next Leadership Summit meeting which I understand will be held on Thursday, July 12, and hosted by the Bedford County Board of Supervisors. I look forward to seeing you there. Attachments Sincerely, I-l~del~ Fuzzy Minnix, Chair Roanoke County Board of Supervisors OFFICE: FAX: VOICE MAIL: E-Mail (540) 772-2005 (540) 772-2193 (540) 772-2170 bos @ co. roanoke.va.us ROANOKE VALLEY REGIONAL LEADERSHIP SUMMIT SUBCOMMITTEE MEETING RECOMMENDATIONS TO ESTABLISH A REGIONAL IDENTITY FOR ECONOMIC DEVELOPMENT AND TOURISM PURPOSES Thursday, June 21, 2001 -4:00 p.m. Roanoke County Administration Center NOTES FROM THE MEETING PRESENT: Bedfor~ County Bobby Pollard, Bedford County Board of Supervisors Sue Gilbert, Economic Development Coordinator Nancy Johnson - Citizen Representative Franklin County Wayne Angell, Board Chair, Franklin County Board of Supervisors Rob Glenn, Citizen Representative Roanoke County H. Odell "Fuzzy" Minnix, Roanoke County Board of Supervisors Elmer Hodge, County Administrator Victor lannello, Citizen Representative Mary Allen, Clerk to the Board City of Salem J. Scott Sexton, Citizen Representative City of Roanoke Darlene Burcham, City Manager Catherine Fox, Citizen Representative Town of Vinton Don Davis - Mayor, Town of Vinton Clay Goodman - Town Manager Bootie Chewning - Citizen Representative Botetourt County William Loope, Chair, Botetourt County Board of Supervisors David Moorman, Assistant County Administrator WELCOME: Roanoke County Board Chairman H. Odell "Fuzzy" Minnix welcomed the participants to the meeting and asked that they introduce themselves (membership list attached). He advised that he requested the establishment of this subcommittee to provide an opportunity to the governments participating in the Leadership Summit meetings to determine a future direction and establish a regional identity. He offered examples of increased visibility and clout in the General Assembly, and consensus on such issues as a single meals tax for all the participating localities. He opened the meeting for discussion. DISCUSSION/BRAINSTORMING OF IDEAS: The following suggestions were offered for consideration by the subcommittee members: Exercise political clout and more lobbying power in the General Assembly. Institute one meals tax for all region localities Identify what's important and shared by both the core-urban and outlying- suburban communities Identify what's going on exciting in each locality Identify common interests Continue with regional luncheons Determine exactly what constitutes the region Consider including the following localities in future meetings: - Montgomery County -.Blacksburg - Covington - Clifton Forge - Lynchburg - Alleghany County - Christiansburg - Craig County - Virginia Tech representation Use National Public Radio to get the region's message out Develop a name and/or logo that would be representative of the entire region. Following discussion, the participants determined what their common objectives were, and recommended moving forward with one or more of these. The following common objectives were identified: Common Objectives among the subcommittee members: Education Workforce Development Transportation Creation of one identity and image Historical resources High paying jobs One physical identity and one tourism package to market the region RECOMMENDATIONS: Consensus was reached that the Vinton Town Manager Clay Goodman would represent the subcommittee and report back at the next Leadership Summit meeting with the following specific recommendations: (1) That the localities previously discussed would be invited to participate in future Leadership Summits. (2) That the localities create an identity and image or "brand" for regional marketing, tourism, economic development, and political strength. (3) That at each Leadership Summit meeting, the host will speak briefly about the host locality, it's biggest issues, positive attributes, etc. (4) That the Subcommittee will continue to function in the future, with the host locality setting the date, time and location of the subcommittee meeting, preparing an agenda, and reporting back to the full Leadership Summit. Prepared by: Mary H. Allen, Clerk to the Board Roanoke County Board of Supervisors 3 LEADERSHIP SUBCOMMITTEE MEETING PARTICIPANTS Bedford County Kirby E. Richardson, Vice Chair, Bedford County Board of Supervisors Sue Gilbert, Economic Development Coordinator Nancy Johnson - Citizen Representative Franklin County Wayne Angell, Board Chair, Franklin County Board of Supervisors Rick Huff, County Administrator Rob Glenn, Citizen Representative Roanoke County Harry Nickens, Roanoke County Board of Supervisors (Will NOT be able to attend) John Chambliss, Assistant County Administrator Victor lannella, Citizen Representative City of Salem Howard Packett,Council member, City of Salem Forest Jones, City Manager J. Scott Sexton, Citizen Representative City of Roanoke Ralph Smith, Mayor, City of Roanoke Darlene Burcham, City Manager Catherine Fox, Citizen Representative (Roanoke Valley Convention and Visitors Bureau) Town of Vinton · Don Davis - Mayor, Town of Vinton Clay Goodman - Town Manager Bootie Chewning - Citizen Representative Botetourt County William Loope, Chair, Botetourt County Board of Supervisors David Moorman, Assistant County Administrator