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HomeMy WebLinkAboutCouncil Actions 08-18-97ROANOKE CITY CO UNCIL REGULAR SESSION August 18, 1997 2:00 p. tr~ CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Counci~ Member White was absent. The Invocation was delivered by Council Member C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Wednesday, August 20, 1997, at 7:00 p.m. 2 0 THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE MONDAY COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, MUNICIPAL BUILDING, OR AT 853-2541. CONSENT AGENDA C-1 C-2 (APPROVED 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Minutes of the regular and special meetings of City Council held on Monday, May 5, 1997; the City Council Personnel Committee meetings held on Monday, May 5, and Tuesday, May 6, 1997; the special meeting of City Council held on Monday, May 12, 1997; and the regular meeting of City Council held on Monday, May 19, 1997. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. A communication from Mayor David A. Bowers requesting an Executive Session to discuss vacancies on vahous authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in File #15-110-132 Executive Session. C-3 C-4 C-5 A report of the City Attomey requesting an Executive Session to discuss a specific legal matter requiring the provision of legal advice by counsel, specifically the terms and conditions of the settlement of a lawsuit, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in File #132 Executive Session. A report of the City Manager with regard to a joint effort of the Roanoke City and Roanoke County Parks and Recreation Departments to develop a skatepark facility which would be centrally located and accessible to youth throughout the Roanoke Valley. RECOMMENDED ACTION: Receive and file. Removed from Consent Agenda for separate discussion (See Item C-4 under Regular Agenda.) A report of the City Manager with regard to the status of a request of Valley Beautiful for development of guidelines which would foster adequate cellular telephone coverage with the least impact on the surrounding area. RECOMMENDED ACTION: Receive and file. File #262-383 C-6 A report of the City Manager with regard to concerns expressed by the property owner at 3748 Chesterton Street, S. W., relating to flooding and drainage problems in the neighborhood. RECOMMENDED ACTION: Receive and file. File #27-66-237 C-7 Qualification of the following persons: Elvah D. Taylor as a member of the Youth Services Citizen Board for a term ending May 31, 2000; and File #15-110-304 4 David C. Anderson as a City representative on the FiPth Planning District Commission for a term ending June 30, 2000. File//15-110-200-326 RECOMMENDED ACTION: Receive and ~le. A report of the City Attorney requesting that Council convene in Executive Session to discuss a specific legal matter requiring the provision of legal advice by counsel, that is the performance of a specific public contract, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. File #132 C-4 REGULAR AGENDA A report of the City Manager with regard to a joint effort of the Roanoke City and Roanoke County Parks and Recreation Departments to devdop a skatepark facility which would be centrally located and accessible to youth throughout the Roanoke Valley. Received and filed. File #67-304 0 HEARING OF CITIZENS UPON PUBLIC MATTERS: ao Presentation with regard to an update on the activity and continued success of the Cost Collection Unit. The Honorable Donald S. Caldwell, Commonwealth's Attorney. (5 minutes) Received and filed. File #60-62-133-140-214-382 0 PETITIONS AND COMMUNICATIONS: ao A communication from the Honorable Donald S. Caldwell, Commonwealth's Attorney, requesting acceptance and continued participation in funding for Regional Drug Prosecutor positions through the Compensation Board, in the amount of $83,411.00; appropriation of funds in connection therewith; and a report of the City Manager concurring in the request. Adopted Budget Ordinance No. 33544-081897 and Resolution No. 33545-081897. (6-0) File tt60-76-133 A communication from the Honorable Donald S. Caldwell, Commonwealth's Attorney, requesting continuation of the grant account to receive cash assets forfeited to the Office of the Roanoke City Commonwealth's Attorney; appropriation of funds in connection therewith; and a report of the City Manager concurring in the request. Adopted Budget Ordinance No. 33546-081897. (6-0) File 115-60-133-236-472 Co A communication fi'om Harwell M. Darby, Jr., Attorney, representing the Industrial Development Authority of the City of Roanoke, requesting approval of a plan of financing for the benefit of Carillon Health System Obhgated Group, by issuance of the Authority's Hospital Revenue Bonds, Series 1997A and Series 1997B, in an amount not to exceed $80,000,000.00. Adopted Resolution No. 33547-081897. Parrott abstained from voting.) File 1153-207-221 (5-0, Council Member 5. REPORTS OF OFFICERS: a. CITY MANAGER: None. 6 ITEMS RECOMMENDED FOR ACTION: A report recommending execution of a 1997-98 HOME grant agreement with the Northwest Neighborhood Enhronmental Organization to provide funding for the renovation and sale of a vacant house located at 1011 Fairfax Avenue, N. W. Adopted Resolution No. 33548-081897. (6-0) File tt72-165-178-236-488 A report recommending that certain pubhc and private streets within the City of Roanoke be officially named and renamed. Adopted Resolution No. 33549-081897. (6-0) The Mayor inquired if consideration has been given to naming streets in the City of Roanoke in honor of Roanoke's Sister Cities of Kisumu, Kenya, Pskov, Russia, Florian§polis, Brazil, Opole, Poland, and Lijiang, China; whereupon, the City Manager advised that he would refer the matter to the City Planning Commission. File 11200-327-46%514 A report recommending transfer of funds for engineering design services in connection with the replacement of fire alarms and temperature controls at the Roanoke Civic Center. Adopted Budget Ordinance No. 33550-081897. (6-0) File 1160-70-192-472 A report recommending authorization to undertake certain corrective measures for the realignment and reconstruction of Tomi Lane, S. E., and certain connecting alleyways. Adopted Resolution No. 33551-081897. (6-0) File 11102-514 7 A report recommending repeal of Chapter 7, Building Regulations, of the Code of the City of Roanoke (1979), as amended, and enactment of a new Chapter 7, Building Regulations, to provide for regulations relating to the construction, alteration or repair of buildings or structures within the City; and to provide for a rental certificate of compliance program. Adopted Ordinance No. 33552 on first reading. (6-0) File #24-32-178 A report recommending execution of an amendment to the design contract with Hayes, Seay, Mattern and Mattem, Inc., in the amount of $138,010.00, for alterations and additions to the Roanoke Juvenile Detention Home. Adopted Resolution No. 33553-081897. (6-0) File #304-305-405 A report recommending execution of a lease agreement with Signet Bank for additional office and classroom space for the Department of Social Services, Employment Services Program. Withdrawn. A report recommending appropriation of $95,068.00 fi.om the Capital Maintenance and Equipment Replacement Program fired to provide funds for replacement of a truck mounted asphalt tar distributor and asphalt miler for the Street Department. Adopted Budget Ordinance No. 33554-081897. (6-0) File #60-270-361-472-514 A report recommending approval of a form of employment agreement to be executed by the City Manager and an employee of the Police Department selected to be trained as a polygraph examiner. Adopted Resolution No. 33555-081897. (6-0) File tt5-184 10. A report recommending acceptance of a grant fi.om the State Department of Juvenile Justice to provide for continuation of coordinated planning and program implementation of the Office on Youth; and appropriation and transfer of funds in connection therewith. Adopted Budget Ordinance No. 33556-081897 and Resolution No. 33557-081897. (6-0) File 1160-184-236-304 b. CITY ATTORNEY: A report relating to required City Council action with regard to the Modified Election District Plan. Adopted Ordinance No. 33543-081897. (6-0) File 40-132 6. REPORTS OF COMMITTEES: None. 7. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a# Ordinance No. 33542, on second reading, authorizing extension of the lease agreement between the City and Orvis Roanoke, Inc., for the premises located in the Market Square Parking Garage building, upon certain terms and conditions. Adopted Ordinance No. 33542-081897. (6-0) File #207-373-516 bo A Resolution memorializing the late Wilham W. Field, Jr. Adopted Resolution No. 33558-081897. (6-0) File #367-467 9. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor and Members of City Council. Council Member Swain commended Norfolk Southern and City employees on improvements in the 24th Street area. He suggested that the City review the criteria used by Norfolk Southern in connection with future underpass inspections, and that the City periodically monitor the condition of the 24th Street/Shaffers Crossing Underpass. He expressed concern with regard to electrical wires/cables, and suggested that they be identified as low voltage, high voltage, etc. The matter was referred to the City Manager for appropriate response. File 066-102-132-184-223-514 Vice-Mayor Wyatt commended the City on becoming a key player in making the Downtown Higher Education Center a reality. File #80-414 Vice-Mayor Wyatt referred to a telephone call from a citizen expressing concern that Trigon Blue Cross Blue Shield does not recognize the City's E-911 emergency service as a participating provider. She requested that the matter be referred to the City Manager for appropriate response. File #66-132-188-501 l0 bo Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. CERTIFICATION OF EXECUTIVE SESSION. (6-0) Reappointed Vice-Mayor Linda F. Wyatt as a City representative to the Total Action Against Poverty Board of Directors for a term ending August 31, 1999. File tt15-226 At 4:25 p.m., the meeting was declared in recess until 7:00 p.m. ROANOKE CITY CO UNCIL REGULAR SESSION August 18, 1997 7: 0 0 p. tr~ CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Councn Member White was absent. The Invocation was delivered by Council Member C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Welcome. Mayor Bowers. PRESENTATIONS: The Mayor presented Executive Glasses to members of the Roanoke Stars AAU 10 and Under Basketball Team, in connection with accomplishments in regional, state, and national competition. File #80-304 12 A. HEARING OF CITIZENS UPON PUBLIC MATTERS: Request to address Council with regard to Affirmative Action in the City of Roanoke. Spokesperson. (5 minutes) concerns relating to Angela E. Norman, Deferred until the regular meeting September 15 at 7:00 p.m. File #411 of Council on Monday, B. PUBLIC HEARINGS: Public heating on the request of the Roanoke City Electoral Board with regard to the proposed temporary relocation of the polling place for Raleigh Court No. 2 Precinct from Woodrow Wilson Middle School to Roanoke Church of Christ, located at 2606 Brandon Avenue, S. W., for the November 4, 1997 and May 5, 1998 general elections, and any primary or special elections required during the 1997-1998 school year only. The Reverend Charles T. Green, Chairperson. Adopted Ordinance No. 33559-081897. (6-0) File #40-467 Public heating on the request of the Virginia Museum of Transportation, Inc., that a section of Norfolk Avenue, S. W., be~nning at the easterly intersection of Th/rd Street and Norfolk Avenue, and nmning in an easterly direction to Second Street and the Second Street Bridge, terminating at the southeasterly comer of the Virginia Museum of Transportation building noted as the "2 Street Brick Office Building" and the northeasterly comer of Official Tax No. 1010206, be permanently vacated, discontinued and closed. Katherine F. Houck, Executive Director, Spokesperson. Adopted Ordinance No. 33560 on first reading. File #229-514 13 Public hearing on the request of Lawrence H. Logan, Sr., to amend proffered conditions presently binding on a tract of land located at 701 Salem Avenue, S. W., designated as Official Tax No. 1111118, previously conditionally rezoned pursuant to Ordinance No. 32953- 060396 adopted on June 3, 1996. Lawrence H. Logan, Sr., Spokesperson. Inasmuch as an amended petition for rezoning was filed, the matter was referred back to the City Planning Commission for further study, report and recommendation to Council. File 051 o Public hearing on the request of H. P. Properties and Coots-Ward Management Co., to amend proffered conditions presently binding on a tract of land, more specifically known as Lot 1, Lot 2, Lot 3, and a. 125- acre tract, all of which are shown on a plat of subdivision filed with the Clerk of the Circuit Court and found at Map Book 1, page 1615, and being a portion of a larger tract of land located at 1930 Electric Road, S. W., (formerly known as 1910 McVitty Road, S. W., and designated as Official Tax No. 5100809), now a portion of Official Tax No. 5090209, previously conditionally rezoned pursuant to Ordinance No. 32657- 092595 adopted on September 25, 1995. Neil E. McNally, Attorney. Adopted Ordinance No. 33561 on first reading. (6-0) File #51 Public hearing on the request of the City of Roanoke that a portion of Ferdinand Avenue, S. W., between Mountain Avenue and Elm Avenue, S. W.; and a section of Eighth Street, S. W., between Elm Avenue and Day Avenue, S. W., be closed and discontinued by barricade. W. Robert Herbert, City Manager. Adopted Ordinance No. 33562 on first reading. (6-0) File #514 14 o Public hearing to consider a proposed amendment to Section 36.1-428, of Chapter 36.1, Zo_n~, Code of the City of Roanoke (1979), as amended, by creating an item (3) relative to restricting the number of ungaraged motor vehicles that may be parked or stored on a lot in the RS-3, Residential Single-family District. John R. Marlles, Agent, City Planning Commission. A proposed ordinance was defeated pursuant to a 0-6 vote of the Council. File 024-51 C. OTHER HEARING OF CITIZENS: Mr. Phiilip P. Wright, 1646 Centerhill Drive, S. W., raised questions with regard to the proposed automated refuse collection services which will be initiated in the City on September 8; whereupon, the matter was referred to the City Manager to address Mr. Wright's concerns. File #66-144 CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR OUR CITIZENS TO BE HEARD. IT IS THE CITIZENS' TIME TO SPEAK AND COUNCIL'S TIME TO LISTEN. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED, WITHOUT OBJECTION, IMMEDIATELY FOR ANY NECESSARY AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT BACK TO COUNCIL. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 l- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk September 2, 1997 John M. Holland, President Cybermotion, Inc. 719 Gainsboro Road, N. W. Roanoke, Virginia 24016 Dear Mr. Holland: On behalf of the Members of the Roanoke City Council, I would like to thank you for the opportunity to tour Cybermotion, Inc., on Monday, August 18, 1997. The tour was most informative and your hospitality was deeply appreciated. With kindest regards, I am Sincerely, .,~_ r'x ,.,.,:-;- Mary F. Parker, CMC/AAE City Clerk MFP:sm MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 l- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk September 2, 1997 Kenneth F. Kennedy Executive Vice President Cybermotion, Inc. 719 Gainsboro Road, N. W. Roanoke, Virginia 24016 Dear Mr. Kennedy: On behalf of the Members of the Roanoke City Council, I would like to thank you for the opportunity to tour Cybermotion, Inc., on Monday, August 18, 1997. The tour was most informative and your hospitality was deeply appreciated. The Members of Council would like for you to have the enclosed Crystal Star which is symbolic of the Star on Mill Mountain and a City of Roanoke Logo Lapel Pin. With kindest regards, I am Sincerely, Mary F. Parker, CMG/AAE City Clerk MFP:sm Enc. 439 REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL May 5, 1997 12:00 noon A joint meeting of the Council of the City of Roanoke and the Roanoke Redevelopment and Housing Authority was called to order on Monday, May 5, 1997, at 12:00 noon, in the Emergency Operations Center Conference Room, Room 159, Municipal Building South, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers and Chairperson Willis M. Anderson presiding, pursuant to Resolution No. 33349-042197, adopted April 21, 1997. CITY COUNCIL MEMBERS PRESENT: James O. Trout, William White, Sr., Linda F. Wyatt, C. Nelson Harris, John H. Parrott, Carroll E. Swain and Mayor David A. Bowers ............................................................................................ 7. CITY COUNCIL MEMBERS ABSENT: None ................................................. 0. HOUSING AUTHORITY COMMISSIONERS PRESENT: Ronald O. Crawford, Carolyn M. Johnson, James W. Burks, Jr., Christie L. Meredith, Joseph F. Lynn and Chairperson Willis M. Anderson ....................................................................... 6. HOUSING AUTHORITY COMMISSIONERS ABSENT: H. Victor Gilchrist ...... 1. CITY STAFF PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; Mary F. Parker, City Clerk; Robert H. Bird, Municipal Auditor; Willard N. Claytor, Director, Real Estate Valuation; Glenn D. Radcliffe, Director, Human Development; Kit B. Kiser, Director, Utilities and Operations; and William F. Clark, Director, Public Works. HOUSING AUTHORITY STAFF PRESENT: Earl W. Saunders, Jr., Management Director; David E. Baldwin, Director of Housing; Dann M. Campbell, Rehabilitation Director; Anita L. Lee, Resident Development Director; Nancy G. Wade, Finance Administrator; Charlotte A. Mason, Human Resources Administrator; James L. Mihalik, Construction Director; Devona O. Springer, Information Officer; H. Wesley White, Director of Development; John P. Grove, Attorney; and Evelyn A. Ringler, Executive Administrative Assistant. Following lunch, the business session convened at 12:35 p.m. 440 COUNCIL-HOUSING/AUTHORITY: The Mayor extended a welcome to Housing Authority Commissioners and Staff on behalf of Council and City officials. The invocation was delivered by Council Member C. Nelson Harris. Chairman Anderson advised that at the request of the Henry Street Revival Committee, the Housing Authority commissioned a land use plan which was completed by Hill Studio, P. C., and the Housing Authority stands ready to proceed, in conjunction with Council, to pursue new initiatives. He stated that Henry Street, in addition to downtown housing, can benefit by the fresh perspective of the new Executive Director, John P. Baker, who will assume his position on May 21, 1997. He explained that Mr. Baker has 30 years of experience, most of which is in community development and downtown redevelopment, and he is quite accomplished in coordinating unconventional partnerships. He advised that the Outlook Roanoke study, which is currently in draft form, places considerable emphasis on downtown housing and identifies a desired location for downtown housing in the Farmer's Market area, and the study identified the Housing Authority as the lead agency because of certain land ownership in the area. He added that the report also refers to downtown Roanoke housing in an area known as "Salem Muse," as well as new development along Franklin Road and Elm Avenue and again identifies the Housing Authority as the lead agency for land consolidation. He stated that the Housing Authority shares a common interest with Council regarding downtown housing, the Housing Authority will place top priority on the matter, and will seek new ideas from the incoming Executive Director. A report on Roanoke Redevelopment and Housing Authority activities which included information on accomplishments of the Housing Authority paralleling the approximately five years that Neva J. Smith served as Executive Director was presented. The Chairman advised that the Housing Authority provides numerous social services to over 1400 residents of public housing. Mr. Saunders presented a welcome/information package which is presented to each new member of public housing upon occupancy. Ms. Lee reviewed efforts to provide opportunities for adult residents to further their education and job training skills in conjunction with the Federal Welfare Reform Bill. She also reviewed youth programs that encourage involvement and participation by all residents of public housing. Question was raised as to actions taken to date to provide day care services for tenants of public housing, especially in view of the upcoming Federal Welfare Reform Act. Ms. Lee responded that day care services will be an important aspect 441 of moving public housing recipients from the welfare role to the workforce, and the Housing Authority will offer training programs to residents in day care provider certification so they will be able to provide home day care for children of their neighbors when they enter the workforce. There was discussion with regard to college scholarships offered through the Housing Authority to public housing recipients since 1980, and it was noted that over 50 scholarships have been awarded. Ms. Lee pointed out that at least six additional one thousand dollar scholarships will be offered this year. She advised that Virginia Western Community College courses have been taught on site at one of the public housing developments which have provided residents who have been out of the school environment for a number of years, or in some cases have not completed high school, with an opportunity to complete their first year of college on familiar ground. She added that the program has been successful and Housing Authority staff is working with Virginia Western Community College to increase enrollment and to offer additional classes. Question was raised as to how the Housing Authority addresses the issue of crime in public housing developments. Mr. Baldwin advised that for five years, the Housing Authority has participated in the Community Oriented Policing Effort (COPE) Program and they have been fortunate to obtain grant funds to pay for certain COPE team costs. He explained that the COPE team works at housing sites on a rotating basis, the program has been successful because police officers and public housing residents get to know each other, and COPE officers participate in recreational activities for youth and volunteer for clean-up programs. He called attention to private security officers who staff high rise units for the elderly, and the managers of each housing development meet periodically with COPE team officers to discuss matters of mutual concern. Mr. Baldwin reviewed plans for the Lincoln 2000 project in which he addressed a question raised by Ms. Helen E. Davis, 35 Patton Avenue, N. E., as to whether the needs of senior citizens have been addressed in the Lincoln 2000 project and whether a grocery store is included in the proposed plans. He advised that a grocery store is not located on public housing property and is not included in the Lincoln 2000 project proper; however, the Housing Authority is aware that some type of retail grocery store establishment might be of benefit to residents of the area and the matter will be further investigated. He explained that part of the project involves the demolition of some of the buildings, remaining buildings will receive significant revitalization, and the Housing Authority has promised all residents of Lincoln 2000 that assuming their building is not razed, they will be permitted to move back into their own unit upon completion. With regard to those buildings that are scheduled 442 for demolition, he stated that the Housing Authority has secured a Section 8 subsidy for residents to enable them to move to another site in the community. He explained that the Housing Authority will insure that no family goes without housing as a result of the Lincoln 2000 project, and over the next few months, plans and specifications for the first phase of renovation will proceed and Housing Authority staff will attempt to secure funding sources for the project. He advised that estimates for completion of the Lincoln 2000 project are in the range of $20 - 24 million. Question was raised as to whether the City will be responsible for park improvements in the Lincoln 2000 project; whereupon, the City Manager advised that the Lincoln 2000 plan specifically calls for "edge" work, which is curb and gutter in order to provide an edge on the park so that both sides of the street will match. He stated that a plan for Washington Park has not been developed, but funding questions will be answered when City Council holds a public referendum on bonds in the range of $35 - 37 million which is tentatively scheduled for November 1997, with a sale date of January 1999. He explained that City Council is deliberating over questions regarding school funding, bridges, curb, gutter and sidewalk, and parks and recreational issues. He noted that it is too early to say which of the parks will receive funding or the amount of funds to be included in the bond referendum for parks. He stated that following a city-wide public participation process in which citizens will have an opportunity to provide input, suggestions will be incorporated and a funding package will be reported to Council for consideration. Question was raised as to whether there will be a day care component in the Lincoln 2000 project; whereupon, Ms. Lee advised that Virginia Western Community College proposes to provide a day care training program at one of the public housing sites, while at the same time providing day care services for children. At 1:35 p.m., the Mayor declared the meeting in recess until 2:00 p.m., in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W. At 2:00 p.m., on Monday, May 5, 1997, the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding. PRESENT: Council Members James O. Trout, William White, Sr., Linda F. Wyatt, C. Nelson Harris, John H. Parrott, Carroll E. Swain and Mayor David A. Bowers ............................................................................................ 7. ABSENT: None ..................................................................................... 0. 443 OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by The Reverend Robert Watts, Associate Pastor, Greene Memorial United Methodist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS: ROANOKE CITY BOXING ASSOC.: Mayor Bowers and Council Member Trout, Chairperson, Board of Directors, Roanoke City Boxing Association, recognized achievements of the Roanoke City Boxing Association, in connection with competition held in Barboursville, West Virginia, where Roanoke's Victory Boxing Club dominated in the four- state competition. The Mayor and Mr. Trout presented members of the Victory Boxing Club with City of Roanoke Executive Glasses. LANDMARKS/HIST. PRESERVATION- PROCLAMATIONS- TOURISM: The Mayor presented a proclamation declaring the month of May 1997 as Virginia Heritage Tourism Weeks. (For full text, see Proclamation on file in the City Clerk's Office.) On behalf of the Roanoke Valley Preservation Foundation, D. Kent Chrisman, President-Elect, presented a preservation merit award to the City of Roanoke for its regional cooperation efforts in establishing the greenway system in the Roanoke Valley. He also presented copy of a video which addresses the important linkage between historic preservation and economic development in conjunction with several Roanoke Valley projects that was produced last year by the Preservation Alliance of Virginia. He advised that the video will be broadcast over the Roanoke Valley Cable Channel (RVTV - Channel 3) in the near future. 444 PUBLIC HEARINGS SCHOOLS: Pursuant to Section 9-20.1, Public Hearing Before Appointment of School Board Members, of the Code of the City of Roanoke (1979), as amended, the City Clerk having advertised a public hearing to be held on Monday, May 5, 1997, at 2:00 p.m., or as soon thereafter as the matter may be heard, the matter was before the body. The Mayor advised that prior to the public interview of candidates for the position of School Trustee, which is required by Section 9-21 of the City Code, and prior to April 30, Council shall hold a public hearing to receive the views of citizens with regard to School Board appointments, and no applicant shall be appointed to the School Board unless such applicant's name has been considered at a public hearing. Advertisement of the public hearing was published in The Roanoke Times on Thursday, April 24, 1997, and in the Roanoke Tribune on Thursday, May 1, 1997. (See publisher's affidavits on file in the City Clerk's Office.) The Mayor further advised that on Monday, April 7, 1997, Council selected the following persons to be accorded the public interview for School Trustee on Thursday, April 24, 1997, at 6:00 p.m., in the City Council Chamber, for three year terms of office commencing July 1, 1997, and ending June 30, 2000: Sherrie M. Boone F. B. Webster Day Marsha W. Ellison Joann Hamidullah Sherman P. Lea Michael C. Ramsey The Mayor explained that a public hearing was held on Monday, April 21, 1997; however, due to an error by The Roanoke Times in publishing the Notice of Public Hearing within the required legal timeframe, a second public hearing was timely advertised; whereupon, the matter was again before the body. The Mayor advised that each speaker would be allotted three minutes for his or her presentation. 445 William W. Field, Jr., 3727 Parliament Road, Apt. 9, endorsed the candidacy of Michael L. Ramsey. He advised that Mr. Ramsey is unique from the other candidates who have applied for the position because he served under the leadership of two School Superintendents as Public Information Officer of Roanoke City Public Schools which afforded him the opportunity to observe the direct relationship between the Superintendent of Schools, the School Board, City Council, students, teachers and parents, and his position required that he have first-hand knowledge of school issues. 'He stated that Mr. Ramsey has an interest in the basics of education, and he believes that students should not only be able to use technology including computers, but they should also be able to use the basic skills without computers. He added that Mr. Ramsey believes that discipline starts at home, he believes in a strong relationship between the schools and the parents, and he also believes that those relationships can be improved. Mr. Steve R. Stinson, 2033 Lee Hi Road, S. W., endorsed the candidacy of F. B. Webster Day and Marsha W. Ellison. He advised that Ms. Ellison has visited Roanoke City Schools on numerous occasions this year, and she attends various school functions, both announced and unannounced. He stated that she is a person who has taken the time to educate herself about the job that she volunteered to do, and her focus as a member of the School Board has been on community and parental involvement. He pointed out that Ms. Ellison led negotiations on the Superintendent's new contract and she pressed for teacher salary increases. Mr. Stinson called attention to Mr. Day's volunteer efforts, on both school and non-school related matters. He stated that Mr. Day is always present when needed, he can be relied upon for sound advice, he solves problems, and he is in-depth at building coalition and consensus. He added that Mr. Day's role on the School Board would be that of a thoughtful, steady, informed member who will evolve into a quiet and trusted leader. Mr. John R. Francis, Jr., 3684 Peakwood Drive, S. W., endorsed the candidacy of Michael L. Ramsey. He advised that Mr. Ramsey has served in various public service and public leadership roles throughout the Roanoke Valley. He stated that Mr. Ramsey is a conscientious, fair minded, hard working individual who takes the time to gather all of the 446 facts before making a decision, all of which are important attributes of a School Trustee. He added that Mr. Ramsey strives to do the right thing and is a person of high moral character, and he would be an outstanding addition to the School Board. Ms. Jacqueline Blair-Wilner, 2709 Crystal Spring Avenue, S. W., endorsed the candidacy of Sherrie M. Boone. She advised that Ms. Boone has proven her commitment to the children of the Roanoke City School system through her dedication to the soccer program which is a volunteer program where she serves as lead coordinator. She stated that Ms. Boone's commitment to the soccer program in a volunteer capacity demonstrates her interest to insure a quality sports program for the children of Roanoke City. Mr. Ernest C. Wilson, Jr., 1520 Dona Drive, N. W., endorsed the candidacy of Sherman P. Lea. He advised that Mr. Lea is interested in the children of Roanoke City and volunteers his time to the Booster's Club and to various other sports related activities. He stated that Mr. Lea is a regional administrator for the Department of Corrections where he maintains an open door policy and a genuine concern for his employees and for their well being. He advised that Mr. Lea will be an asset to the School Board if appointed. Ms. Virginia Hardin, 2324 Fairway Drive, S. W., endorsed the candidacy of Joann Hamidullah. She advised that Ms. Hamidullah has developed a sense of the future and high expectations in the children of Roanoke City, which are qualities that she would also bring to the School Board. She stated that Ms. Hamidullah understands the importance of a strong family life and structure while setting high expectations, and she stresses the need for fair consequences in order to learn that life brings both hardships and lessons to be learned. She further stated that Ms. Hamidullah embodies a good common sense approach to life and she knows that most children in the school system fall somewhere between two extremes, those who have a good family structure and family values and those who need help. She noted that Ms. Hamidullah listens to people, learns through experience, invites feedback and other points of view; and she is a skilled, dependable, intelligent, energetic person who would serve admirably as a child advocate. Ms. Tracey S. Overstreet, 43 Huntington Boulevard, N. E., endorsed the candidacy of Michael L. Ramsey. She advised that Mr. Ramsey is detail oriented, time persistent, devoted to the community, an ambassador to the Regional Chamber of Commerce, and concerned about economic development in the area. She urged Council's favorable consideration of Mr. Ramsey as a Trustee to the Roanoke City School Board. 447 Ms. Harriett Lewis, 1015 Palmetto Street, N. W., endorsed the candidacy of Joann Hamidullah. She advised that Ms. Hamidullah has been actively involved on Parent-Teacher Association Boards of Directors at five city schools for 15 years, and she has served on the Roanoke City School Central Council PTA where she has held various positions such as Third Vice-President, First Vice-President and President for 11 years, and she currently serves on the District PTA as Fourth Vice-President and Chairperson of the By-Laws Committee. She stated that within Roanoke City Schools, Ms. Hamidullah has volunteered her service on the City-Wide Site Based Information Committee, the Budget Advisory Committee and the Long Range Planning Committee. She advised that the accomplishments of Ms. Hamidullah's children reinforce the family's dedication to the importance of family support and commitment to the educational process, and she would actively promote the role of parent and guardian as essential partners in the educational process. She stated that Ms. Hamidullah is honest, hard working and does not shrink from the responsibilities that come with leadership positions. She added that Ms. Hamidullah is an advocate for children, and she would be a vital and important member of the Roanoke City School Board. The Mayor advised that Council will elect three Trustees to the Roanoke City School Board at its special meeting on Monday, May 12, 1997, at 6:00 p.m. 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. 448 ACTION: ACTION: STREETS AND ALLEYS: A report of the City Manager recommending authorization to file all necessary applications on behalf of the City to permanently alter, by closure, Ferdinand Avenue, S. W., between Elm Avenue and Mountain Avenue, and to alter other street locations in said area, was before Council. The City Manager explained that the intersection of Main Street, Elm Avenue, Ferdinand Avenue and 8th Street, S. W., is the City's highest priority intersection for traffic signalization; a traffic signal design is being engineered by Mattern & Craig, Inc.; and closure of Ferdinand Avenue on the south side of Elm Avenue would improve traffic flow and safety at this intersection. The City Manager recommended that he be authorized to file all necessary applications on behalf of the City to alter, by permanent closure, Ferdinand Avenue, S. W., between Elm Avenue and Mountain Avenue, and to alter street locations in the area of the closure. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that Council concur in the recommendation of the City Manager. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. COMMITTEES-MENTAL HEALTH SERVICES-BLUE RIDGE COMMUNITY SERVICES: A communication from Michael A. Grant tendering his resignation as a member of the Blue Ridge Community Services Board of Directors, effective immediately, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that the communication be received and filed, and that the resignation be accepted. The motion was seconded by Mr. Trout and adopted by the following vote: ACTION: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. BUDGET-COUNCIL: A communication from Mayor David A. Bowers with regard to consideration of a salary increase for the Mayor and Members of City Council, was before the body. The Mayor advised that Council has been requested by the City Manager to authorize pay increases for City employees, and he intends to support the City Manager's recommendation; however, it is appropriate for Council to consider an increase in the salary for the Mayor and Members of Council as well. He stated that the public is not always aware of the hard work and many hours that Members of Council devote to this activity; and in addition to public meetings, Members of Council spend several hours each week in briefings, meetings with civic groups, and other interested citizens. He stated that inasmuch as the Members of Council do an admirable job, the City of Roanoke is well served and a fair compensation is appropriate. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that the matter be referred to fiscal year 1997-98 budget study. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. HOUSING/AUTHORITY-LIBRARIES-OATHS OF COMMITTEES: The following reports of qualification Council: OFFICE- were before 449 G. David Nixon as a member of the Fair Housing Board for a term ending March 31, 2000; and 45O ACTION: Basil Owens, Jr., as a member of the Roanoke Public Library Board to fill the unexpired term of Mary C. Maier, resigned, ending June 30, 1998. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mr. White moved that the reports of qualification be received and filed. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers ............................................................... 7. NAYS: None ...................................................................... 0. REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: REGIONAL CHAMBER OF COMMERCE-GRANTS-BUSINESS INCUBATORS: The City Manager submitted a written report advising that the Roanoke Regional Chamber of Commerce requested funding assistance for the Small Business Incubator in response to the Community Development Block Grant (CDBG) request for proposals issued by the City in January 1995; an "incubator" is a building which rents space and offers shared services to reduce the financial burdens on and to increase the potential for success of start-up businesses; and Council authorized $60,000.00 in CDBG funding for the Incubator as part of the Consolidated Plan approved for submission to the U. S. Department of Housing and Urban Development (HUD) on May 8, 1995, pursuant to Resolution No. 32476-050895. 451 It was further advised that Council authorized execution of a subgrant agreement between the City and the Chamber of Commerce, pursuant to Resolution No. 32555-071095, adopted on July 10, 1995, to implement CDBG-funded Incubator activities; the Blue Ridge Small Business Development Center was organized as the private, non-profit corporation which would operate the Incubator; and Council authorized an additional $30,000.00 in CDBG funding for the Incubator as part of the Annual Update to the Consolidated Plan approved for submission to HUD on May 13, 1996, pursuant to Resolution No. 32939-051396. It was explained that the Blue Ridge Small Business Development Center is staffed and operates the Small Business Incubator, including maintenance of all pertinent programmatic and financial records, as a corporation completely independent from the Roanoke Regional Chamber of Commerce; retaining the Chamber of Commerce as the subgrantee creates a bottleneck in that all payments to the Incubator must be channeled through the Chamber; as subgrantee, the Chamber is accountable for performance of the Incubator, the day-to-day control of which is exercised by the Center; and an amendment to the existing agreement is needed to change the subgrantee, to extend the period of the agreement, and to add the additional $30,000.00 funding. The City Manager recommended that he be authorized to execute Amendment No. 1 to the Community Development Block Grant Subgrant Agreement with the Roanoke Regional Chamber of Commerce, said amendment to be approved as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following resolution: (#33364-050597) A RESOLUTION authorizing execution of Amendment No. 1 to a Subgrant Agreement between the City and the Roanoke Regional Chamber of Commerce for a Small Business Incubator, dated November 1, 1995, for funding of the Small Business Incubator program. (For full text of Resolution, see Resolution Book No. 59, page 462.) 452 ACTION: Mr. Parrott moved the adoption of Resolution No. 33364-050597. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers ........................................................... 7. NAYS: None ........................................................................ 0. Council Member Swain inquired as to the level of assistance to minority and female participants through the Small Business Incubator Program; whereupon, the City Manager advised that a response will be provided to the Members of Council. BUDGET-BRIDGES-CAPITAL IMPROVEMENTS PROGRAM- HUNTER VIADUCT: The City Manager submitted a written report advising that the Hunter Viaduct Bridge Project is scheduled for advertisement in the fall of 1997 pending completion of the design, with an anticipated construction time of 18 months; the Project consists of removal of the remaining Jefferson Street Leg, total rehabilitation of the Williamson Road leg, and a new right turn lane onto Salem Avenue; partial funding, in the amount of $310,000.00, exists in the General Fund, Transfers to Capital Projects Fund, Account No. 001-004-9310- 9508; estimated cost for bridge construction totals $4.3 million, with required additional funding available in the 1996 Bonds; and funds need to be transferred from the General Fund to the Capital Projects Fund. The City Manager recommended that Council appropriate $310,000.00 to Capital Projects Fund Account No. 008-052-9636-9003, Hunter Viaduct Bridge Project, which funds are available in the General Fund Account No. 001-004-9310-9508, Transfers to the Capital Projects Fund. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#33365-050597) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 463.) ACTION: Mr. Harris moved the adoption of Ordinance No. 33365-050597. The motion was seconded by Mr. Swain and adopted by the following vote: 453 AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. REFUSE COLLECTION-FLEET MAINTENANCE FUND- EQUIPMENT: The City Manager submitted a written report advising that on February 18, 1997, Council approved the concept of used refuse trucks and authorized the City Manager to locate and secure used trucks and related equipment in accordance with the procurement section of the Code of the City of Roanoke (1979), as amended; whereupon, the City Manager recommended that Council authorize the purchase of used automated refuse trucks, as follows: four units from Carolina Environmental Systems, Inc., at a total cost of $133,600.00; and one unit from Mid-State Equipment Co., Inc., at a total cost of $47,750.00. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#33366-050597) A RESOLUTION accepting certain bids for the purchase of used automated refuse collection trucks for use by the new automated Residential Solid Waste Collection Program, upon certain terms and conditions. ACTION: (For full text of Resolution, see Resolution Book No. 59, page 464.) Mr. Trout moved the adoption of Resolution No. 33366-050597. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. 454 YOUTH-YOUTH CORRECTIONAL FACILITIES-EQUIPMENT: The City Manager submitted a written report advising that the City of Roanoke receives funding from the Virginia Department of Juvenile Justice under the Virginia Juvenile Community Crime Control (VJCCCA) of 1995 to administer and operate the Outreach Detention's House Arrest Electronic Monitoring Program; on October 23, 1995, Council approved a local plan that described the proposed programs and services to be developed which were submitted to the then Virginia Department of Youth and Family Services, now referred to as the Department of Juvenile Justice; the Outreach Program has developed a House Arrest Electronic Monitoring Program to be made available for the 23rd and 23-A Judicial District Court Service Units, and the 25th Judicial District Juvenile and Domestic Relations Court Service Unit comprising the County of Botetourt; and VJCCCA funding is being provided for a full-time Electronic Monitoring Supervisory position and associated program costs. It was explained that Tracking Systems Corporation ("TSC") can provide the equipment and monitoring necessary for the electronic monitoring program; a contract for provision of services and equipment has been negotiated, with the cost of equipment and service not to exceed $15,000.00; and the contract with TSC requires the City to indemnify TSC from any and all claims resulting from the negligence or willful misconduct of the City or its employees and agents, in the operation and use of the equipment, as well as any liability resulting from acts of clients using the equipment. The City Manager recommended that he be authorized to enter into an agreement with Tracking Systems Corporation for electronic monitoring equipment and services. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#33367-050597) A RESOLUTION authorizing the City Manager to enter into an agreement with Tracking Systems Corporation to provide electronic monitoring equipment and support services to the City's Juvenile Detention Home. (For full text of Resolution, see Resolution Book No. 59, page 465.) 455 ACTION: Mr. Harris moved the adoption of Resolution No. 33367-050597. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. BUDGET-HUMAN DEVELOPMENT: The City Manager submitted a written report advising that the Department of Social Services, through the Foster Care Program, provides out-of-home placements for certain children who are in need of protection and can no longer live at home; and for those children who were living with families who were eligible for Temporary Assistance to Needy Families (TANF), formerly Aid to Families with Dependent Children (AFDC), the Federal and State Governments will reimburse localities for costs of out-of-home placements at 100 per cent of cost of room and board. It was further advised that due to changes in eligibility criteria at the State level, Social Services underestimated the number of children and the level of expenses necessary for eligible children for the program during fiscal year 1996-97; and in addition, the Federal Welfare Reform Bill broadened the services that may be included, increasing the potential for reimbursement at 100 per cent, thereby reducing the fiscal impact on the CSA foster care program known as Community Services Act; therefore, some children have been transferred to the Temporary Assistance to Needy Families- Foster Care cost center from the Community Services Act cost center, thereby reducing local costs, but increasing the need for an additional appropriation in Account No. 001-054-5314-3115, Cost Center. The City Manager recommended that Council appropriate $240,000.00 to General Fund Expenditure Account No. 001-054-5314- 3115, ADC - Foster Care, and increase the General Fund revenue estimate by $240,000.00 in Account No. 001-020-1234-0675, Foster Care. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: 456 ACTION: (#33368-050597) AN ORDINANCE to amend and reordain certain sections of the 1996-97 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 466.) Mr. White moved the adoption of Ordinance No. 33368-050597. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers ............................................................... 7. NAYS: None ....................................................................... 0. BUDGET-HUMAN DEVELOPMENT-GRANTS-YOUTH: The City Manager submitted a written report advising that in order to provide permanency in planning for certain foster care children who have multiple handicaps, making it difficult to place these children for adoption, the Federal and State Governments have appropriated funds to help make it possible for families to legally adopt children they have an interest in and to receive help with costly treatment services; the Roanoke City Department of Social Services finalizes adoption on an average of 15 children per year who need subsidies to complete permanent planning; and during fiscal year 1995-96, the Department of Social Services completed 18 adoption placements that need continued subsidies, with six years as an average age of the child. It was further advised that during fiscal year 1996-97, the Department of Social Services placed additional children with subsidies; three families from placement in previous years have become eligible for residential placement for the child to correct behavioral problems and prevent disruption; and cost of care for fiscal year 1996-97 exceeds the estimated budgeted amount in cost centers 001-054-5314-3130 and 001-054-5314-3155. The City Manager recommended that Council appropriate $10,000.00 to Account No. 001-054-5314-3130, Special Needs Adoption, and $100,000.00 to Account No. 001-054-5314-3155, Subsidized Adoption, and increase the General Fund revenue estimate in Account No. 001-020-1234-0675, Foster Care, by $110,000.00. (For full text, see report on file in the City Clerk's Office.) 457 ACTION: Mr. Parrott offered the following emergency budget ordinance: (#33369-050597) AN ORDINANCE to amend and reordain certain sections of the 1996-97 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 467.) Mr. Parrott moved the adoption of Ordinance No. 33369-050597. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. BUDGET-CITY NURSING HOME-DECEASED PERSONS: The City Manager submitted a written report advising that the Code of the City of Roanoke (1979), as amended, requires that when the value of a gift, grant, devise or bequest totals more than $5,000.00, acceptance or rejection shall be by ordinance or resolution adopted by Council; the Nursing Home has received a bequest in the amount of $9,760.00, partial distribution on the Residuary Estate of the late Beulah Kirby Bernard; an additional bequest may be received when additional real estate has been sold and a final distribution of the estate is made; and no restrictions or contingencies are placed on the bequest by the Estate. The City Manager recommended that Council authorize acceptance of the bequest from distribution of the Residuary Estate of the late Beulah Kirby Bernard; and authorize the Director of Finance to increase the revenue estimate in Account No. 009-020-1234-1166 by $9,760.00, and increase appropriations in Account No. 009-054-5340- 2010 by $3,000.00 and in Account No. 009-054-5340-2066 by $6,760.00. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: 458 ACTION: ACTION: (#33370-050597) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Nursing Home Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 468.) Mr. Harris moved the adoption of Ordinance No. 33370-050597. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. Mr. Harris offered the following resolution: (#33371-050597) A RESOLUTION accepting and expressing appreciation for the monetary donation from the Estate of the late Beulah Kirby Bernard. (For full text of Resolution, see Resolution Book No. 59, page 469.) Mr. Harris moved the adoption of Resolution No. 33371-050597. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. BUDGET-HUMAN DEVELOPMENT-FDETC: The City Manager submitted a written report advising that the Fifth District Employment and Training Consortium administers the Federally funded Job Training Partnership Act (JTPA) for the Fifth Planning District; and the Consortium serves eligible residents in the Counties of Alleghany, Botetourt, Craig and Roanoke, and the Cities of Clifton Forge, Covington, Roanoke and Salem, which agencies serve two primary client populations, viz: economically disadvantaged and dislocated workers. 459 It was further advised that the Governor's Employment and Training Department (GETD) has sent to the Consortium Notices of Award and adjustments for programs which include on-the-job training, work experience, job related education, classroom training, job placement activities, and remedial education in the following amount: Title II-B (Summer Youth Employment Program) - $392,868.00 (Notice of Award No. 97-03-04), will be used to provide remedial education, academic enrichment, work experience with payment of wages, training, counseling, and other benefits for youth. The City Manager recommended that Council appropriate Fifth District Employment and Training Consortium funding totalling $392,868.00 and increase the revenue estimate by $392,868.00 in accounts to be established in the Consortium Fund by the Director of Finance. ACTION: (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#33372-050597) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Consortium Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 470.) Mr. Harris moved the adoption of Ordinance No. 33372-050597. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. AIRPORT-ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that the Roanoke Regional Airport serves a 19-county region with a population of more than 700,000 persons; daily round trip jet flights between Roanoke and Chicago have not been available at the Roanoke Regional Airport since September 460 ACTION: 1992; demand for Roanoke/Chicago jet service is strong in western Virginia and would enhance western Virginia's accessibility and further contribute to the economic development of the region; Trans States Airlines has applied to the United States Department of Transportation for an exception from the high density rule to serve Chicago O'Hare International Airport non-stop from Roanoke Regional Airport under the United Express trade name; and Asheville, North Carolina, Chattanooga, Tennessee, and the Tri-Cities Airport serving Bristol, Virginia, Johnson City and Kingsport, Tennessee, would also gain service to Chicago O'Hare if the exception is granted to Trans States Airlines. The City Manager recommended that Council adopt a resolution expressing full support of the abovereferenced application of Trans States Airlines for an exemption to serve Chicago O'Hare International Airport non-stop from the Roanoke Regional Airport. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following resolution: (#33362-050597) A RESOLUTION supporting the application of Trans States Airlines, Inc. for an Exemption from the High Density Rule (Docket No. OST-97-2368). (For full text of Resolution, see Resolution Book No. 59, page 460.) Mr. Swain moved the adoption of Resolution No. 33362-050597. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ 0. DIRECTOR OF FINANCE: BUDGET-BONDS/BOND ISSUES: The Director of Finance submitted a written report advising that per Craigie, Inc., the City's financial advisor, the City has two outstanding bond issues that could be refunded, at a savings to the City, through issuance of a 1997 refunding issue, as follows: 461 Amount Proposed Issue Outstandinq Refundinq Amount 1988 Public Improvement Bonds $ 6,300,000.00 $ 4,800,000.00 1992A and 1992B Public Improvement Bonds 57,065,000.00 37,700,000.00 $63.365.000.00 $42.500.000.00 It was further advised that the proposed refunding issue entails the issuance of approximately $45,245.00 in principal for the defeasance of both issues; the 1992 issue is callable in August 2001, therefore, it would continue to be paid under the existing amortization schedule until that point; the 1988 issue would be paid under the existing amortization through August 1, 1997; under recent market conditions, Craigie, Inc., has projected the City's present value savings to be approximately $1.4 million, or 3.2 per cent of the principal being refunded; a chart attached to the report shows the estimated cash savings, undiscounted, for each year affected by the refunding, for both the Public Improvement bonds and the Water Fund bonds, which savings are based on market conditions in effect prior to the recent announcement by the Federal Reserve Board of an increase in the Treasury rate, therefore, attaining such savings will be dependent upon a reduction in the current market bond interest rates; and the minimum present value savings that generally is agreed to make a refunding issue beneficial is greater than 3.0 per cent of the principal being refunded. The Director of Finance advised that based on present information, it is advisable for the City to pursue issuance of the 1997 refunding bonds with the intent that the City do so at a time when market conditions are such that the savings achieved would justify the issuance of the refunding bonds. He transmitted a resolution which would grant approval for the City Manager and the Director of Finance to execute the issuance of bond refunding on behalf of the City of Roanoke, providing it is in the financial best interest of the City, and the issuance will not be considered unless the City can realize present savings of more than three per cent of the principal being refunded. (For full text, see report on file in the City Clerk's Office.) 462 ACTION: Mr. Parrott offered the following resolution: (#33373-050597) A RESOLUTION authorizing issuance and sale of not to exceed fifty million dollars ($50,1:)00,000) principal amount of City of Roanoke, Virginia, general obligation public improvement refunding bonds; fixing the form, denomination and certain other details of such bonds and delegating to the City Manager and the Director of Finance authority, among other things, to sell such bonds, to determine the aggregate principal amount of such bonds, the maturity dates of such bonds and the principal amounts of such bonds maturing in each year, the interest payment dates for such bonds and the rates of interest to be borne by such bonds, the redemption provisions and redemption premiums, if any, applicable to such bonds and to appoint an escrow agent for the bonds to be refunded from the proceeds of such bonds; authorizing preparation of a preliminary official statement and an official statement and the distribution thereof and the execution of a certificate relating to such official statement; authorizing the execution and delivery of a continuing disclosure certificate relating to such bonds; authorizing execution and delivery of an escrow deposit agreement relating to the refunded bonds; authorizing the City Manager and the Director of Finance to designate the refunded bonds for redemption; and otherwise providing with respect to the issuance, sale and delivery of such bonds and the refunding of the refunded bonds. (For full text of Resolution, see Resolution Book No. 59, page 471.) Mr. Parrott moved the adoption of Resolution No. 33373-050597. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the City of Roanoke for the month of March 1997. (For full text, see Financial Report on file in the City Clerk's Office.) 463 ACTION: Without objection by Council, the Mayor advised that the Financial Report would be received and filed. REPORTS OF COMMITTEES: CITY PROPERTY-SPECIAL PERMITS-STREETS AND ALLEYS- WATER RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to a request for a conditional permit by property owners at 402 Willow Oak Drive, S. W., to construct a brick wall encroaching approximately eight feet into the right-of-way of River Birch Lane, S. W. A staff report advised that permission to construct fences, walls, decks, or various other structures that encroach into the public right- of-way is a request that property owners make to the City from time to time; and in August 1986, the City adopted a policy prohibiting new encroachments into the public right-of-way. It was further advised that property owners, Wilson and Barbara Wafts, have requested a conditional permit to allow construction of a brick wall, four feet high, across their side yard; the brick wall would encroach up to approximately eight feet into the public right-of-way of River Birch Lane, S. W., which encroachment would extend to the curb line; no sidewalks exist in the area; and zoning restrictions in the area, RS-l, would require the wall to be set back 15 feet from the property line. ACTION: The Water Resources Committee recommended that Council deny the request of the property owners at 402 Willow Oak Drive, S. W., Official Tax No. 1100205, for a conditional permit to construct a brick wall encroaching approximately eight feet into the right-of-way of River Birch Lane, S. W. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt moved that Council concur in the recommendation of the Water Resources Committee to deny the request. The motion was seconded by Mr. Trout and unanimously adopted. 464 ACTION: BUDGET-TRAFFIC-SIDEWALK/CURB AND GUTTER-STREETS AND ALLEYS: Council Member John H. Parrott, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for construction of asphalt concrete overlays and pavement profiling of various streets within the City of Roanoke. On behalf of the Committee, he recommended that Council approve the following actions: Award a contract to Adams Construction Co., in the amount of $1,394,532.80, and establish a contingency, in the amount of $19,347.20, for a total cost of $1,413,880.00, said contract to be in a form acceptable to the Director of Finance. Appropriate $325,000.00 in Capital Maintenance and Equipment Replacement Program funds to Street Paving, Account No. 001-052-4120-2010. Transfer $216,094.00 in the fiscal year 1996-97 General Fund budget from Transfers to Capital Projects Fund Account No. 001-004-9310-9508, to Street Paving, Account No. 001-052-4120-2010. Reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the committee. He advised that the 31,260 tons of asphalt will pave approximately 57 lane miles, and the average number of lane miles paved during this ten-year period is 67.5, which is greater than the 57 lane-miles desired each year. (For full text, see reports on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#33374-050597) AN ORDINANCE to amend and reordain certain sections of the 1996-97 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 484.) Mr. Parrott moved the adoption of Ordinance No. 33374-050597. The motion was seconded by Mr. Swain. 465 ACTION: Mr. Edward A. Hokanson, Member, Blue Ridge Bicycle Club, 4351 Garst Mill Road, S. W., reminded Council of a 1993 adopted motion by City Council which states, "Whenever existing streets within the City are repaved, widened or otherwise improved, the appropriate City departments should consider the needs of bicyclists." He pointed out- that he was unaware of any existing improvements made for the benefit of bicyclists as a part of repaving since 1993. Instead of two 12' lanes, he explained that Peters Creek Extension is supposed to have an 11' inside lane and a 13' outside lane, thus providing additional space for a motorist to safely pass a bicyclist, and the cost of lane realignment would be zero. He stated that the unreported "close calls" between motorists and bicyclists are unknown by the general public, that last week a Roanoke bicyclist had a near collision with a semi-trailer vehicle, and a female bicyclist was recently killed in Lynchburg by a truck driver. He stated that such incidents are preventable, and to delay appropriate action would be tragic; therefore, he urged that Council, when awarding the paving contract to Adams Construction Company, implement its adopted 1993 motion. The City Manager advised that he would request the Director of Public Works to meet with Mr. Hokanson to discuss his concerns. Ordinance No. 33374-050597 was adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. Mr. Parrott offered the following emergency ordinance: (#33375-050597) AN ORDINANCE accepting the bid of Adams Construction Co., for paving and profiling of various streets, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 485.) Mr. Parrott moved the adoption of Ordinance No. 33375-050597. The motion was seconded by Mr. Swain and adopted by the following vote: 466 AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers ............................................................. 7. NAYS: None ....................................................................... 0. BUDGET-CABLE TELEVISION: Council Member John H. Parrott, Chairperson, Roanoke Valley Regional Cable Television Committee, presented a written report on behalf of the Committee, advising that Roanoke City, Roanoke County and the Town of Vinton jointly operate Roanoke Valley Television (RVTV); initial equipment and facilities for the television studio were funded through a capital grant from Cox Communications, in the amount of $480,000.00; and the studio which is located at the Jefferson Center currently employs three full-time staff members, in addition to a variety of part-time personnel, who produce videos and shows for the local governments and school systems which are cablecast along with government meetings on Cox Communications Channel 3. It was further advised that on June 8, 1992, Council approved the Roanoke Regional Cable Television Committee Agreement; in addition to determining the primary purposes of the Committee, the Agreement states that the operating budget for RVTV must be approved by the governing bodies of Roanoke City, Roanoke County and the Town of Vinton; funds for the operating budget are provided by the three governments, based on the proportion of Cox Communications customers located in each jurisdiction; Council has formally agreed to provide up to 20 per cent of the franchise fee paid by Cox to fund the operations of the facility; on April 2, 1997, the Roanoke Valley Cable Television Committee approved the RVTV operational budget for fiscal year 1997-98; and the recommended budget of $190,995.00 represents a 24 per cent increase over the current year budget of $154,193.00. It was explained that RVTV staff is carried on the payroll and benefits system of Roanoke County, therefore, staff will receive the same increase as County employees; the proposed budget includes funding for a four per cent raise for staff, but actual raises will be at the County rate; and the proposed RVTV budget totals $190,995.00, which is broken down by locality, as follows: ACTION: Number of Cable Locality Customers/Bud~let Cost Roanoke City 58.8% $112,305.00 Roanoke County 33.8% 64,556.00 Town of Vi nto n 7.4% 14,134.00 On behalf of the City's representatives to the Roanoke Valley Regional Cable Television Committee, Mr. Parrott recommended that Council approve the City's portion of the RVTV fiscal year 1997-98 budget, in the amount of $190,995.00, with the City's share being $112,305.00. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following resolution: (#33376-050597) A RESOLUTION approving the recommendation of the Roanoke Valley Regional Cable Television Committee to approve the annual operating budget for Fiscal Year 1997-98 for the operation of the regional government and educational access station-Roanoke Valley Television (RVTV, Channel 3), and for the City to provide partial funding. (For full text of Resolution, see Resolution Book No. 59, page 486.) Mr. Parrott moved the adoption of Resolution No. 33376-050597. The motion was seconded by Mr. Harris and adopted by the following vote: 467 AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 33353 permanently vacating, discontinuing and closing a portion of 22nd Street, S. W., extending from Patterson Avenue in a northerly direction to the point that 22nd Street was closed, pursuant to Ordinance No. 11803 adopted 468 ACTION: ACTION: by the Council of the City of Roanoke on May 15, 1953; and a certain alley extending in an east/west direction between 22nd and 23rd Streets, S. W., located in the middle of Block 54, Map of West End and Riverview, having previously been before the Council for its first reading on Monday, April 21, 1997, read and adopted on its first reading and laid over, was again before the body, Mr. Trout offering the following for its second reading and final adoption: (#33353-050597) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 59, page 451.) Mr. Trout moved the adoption of Ordinance No. 33353-050597. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers ............................................................. 7. NAYS: None ........................................................................ 0. ZONING: Ordinance No. 33354 rezoning a tract of land located on the north side of Patterson Avenue, between 22nd and 23rd Streets, S. W., described as Official Tax Nos. 1312411 - 1312416, inclusive, from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, having previously been before the Council for its first reading on Monday, April 21, 1997, read and adopted on its first reading and laid over, was again before the body, Mr. Trout offering the following for its second reading and final adoption: (#33354-050597) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 131, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 59, page 453.) Mr. Trout moved the adoption of Ordinance No. 33354-050597. The motion was seconded by Mr. White and adopted by the following vote: 469 ACTION: AYES: Council Members Trout, White, Wyatt, Harris Swain and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ O. (Council Member Parrott abstained from voting.) ZONING-STREETS AND ALLEYS: Ordinance No. 33355 amending the proffered conditions for rezoning of a certain 13.81-acre tract of land located on the north end of Griffin Road, adjacent to the east side of Franklin Road, S. W., and U.S. Route 220, Official Tax No. 5480712, previously approved by the Council of the City of Roanoke, pursuant to Ordinance No. 32867-040196 adopted on April 1, 1996, having previously been before the Council for its first reading on Monday, April 21, 1997, read and adopted on its first reading and laid over, was again before the body, Mr. Trout offering the following for its second reading and final adoption: (#33355-050597) AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 548, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally zoned C-2, General Commercial District. (For full text of Ordinance, see Ordinance Book No. 59, page 454.) Mr. Trout moved the adoption of Ordinance No. 33355-050597. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. STREETS AND ALLEYS: Ordinance No. 33358 permanently vacating, discontinuing and closing a certain portion of First Street, N. W., situated between its intersection with Wells Avenue, and its intersection with Gilmer Avenue, and a certain section of the Second Street/Gainsboro Road right-of-way adjacent to First Baptist Church on 470 ACTION: ACTION: North Jefferson Street, having previously been before the Council for its first reading on Monday, April 21, 1997, read and adopted on its first reading and laid over, was again before the body, Mr. Trout offering the following for its second reading and final adoption: (#33358-050597) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 59, page 455.) Mr. Trout moved the adoption of Ordinance No. 33358-050597. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers ............................................................... 7. NAYS: None ...................................................................... 0. ZONING-SCHOOLS-STREETS AND ALLEYS: Ordinance No. 33360 rezoning a one acre_+ and a 40.74_+ acre tract of land, containing 72_+ acres bounded by Interstate 581, Wal-Mart, Round Hill Elementary School, Roanoke Area Association for Retarded Children, Inc., and properties adjacent to Huff Lane, N. W., Official Tax Nos. 2250103 and 2250101, from LM, Light Manufacturing District, and RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners, having previously been before the Council for its first reading on Monday, April 21, 1997, read and adopted on its first reading and laid over, was again before the body, Mr. Trout offering the following for its second reading and final adoption: (#33360-050597) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 225, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicants. (For full text of Ordinance, see Ordinance Book No. 59, page 457.) Mr. Trout moved the adoption of Ordinance No. 33360-050597. The motion was seconded by Mr. Parrott and adopted by the following vote: 471 ACTION: AYES: Council Members Trout, White, Harris, Parrott, Swain and Mayor Bowers ............................................................................ 6. NAYS: Vice-Mayor Wyatt ........................................................ 1. ZONING-STREETS AND ALLEYS: Ordinance No. 33361 rezoning a 8.769+_ acre tract of land located on the west side of Oakland Boulevard, N. W., Official Tax No. 2250105, from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner in the Second Amended Petition filed in the City Clerk's Office on April 3, 1997, having previously been before the Council for its first reading on Monday, April 21, 1997, read and adopted on its first reading and laid over, was again before the body, Mr. Trout offering the following for its second reading and final adoption' (#33361-050597) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 225, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 59, page 459.) Mr. Trout moved the adoption of Ordinance No. 33361-050597. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. COUNCIL-YOUTH: Mr. Harris offered the following resolution changing the time and place of commencement of the regular meeting of City Council scheduled to be held at 12:30 p.m., on Monday, May 19, 1997, to 12:00 noon in the Roanoke Civic Center Exhibit Hall, 710 Williamson Road, N. E., with the 2:00 p.m. session to be held in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W.: 472 ACTION: (#33377-050597) A RESOLUTION changing the time and place of commencement of the regular meeting of City Council scheduled to be held at 12:30 p.m., on Monday, May 19, 1997. (For full text of Resolution, see Resolution Book No. 59, page 487.) Mr. Harris moved the adoption of Resolution No. 33377-050597. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: COUNCIL-NORFOLK SOUTHERN Member Swain commended City staff underpass at Shaffer's Crossing. CORPORATION: Council on improvements to the ACTS OF ACKNOWLEDGEMENT-SCHOOLS: Council Member Swain advised that he attended the 1997 commencement exercise at Radford University, at which time the Mayor served as a guest speaker. He commended the Mayor on his remarks which confirmed that he is committed to improving the quality of life in the City of Roanoke for all citizens. He stated that the Mayor called attention to the current plight faced by all Virginia cities, and his remarks also confirmed that he is a strong advocate of governments coming together and working in a spirit of cooperation for the betterment of all. COUNCIL-TELEPHONE EQUIPMENT-STREETS AND ALLEYS: Mr. White addressed the matter of installation of free standing pay telephone booths on public right-of-way, or in front of rental properties, particularly in the northwest Roanoke area. He inquired if the installations have been authorized by the City. 473 ACTION: The Mayor called attention to installation of boxes for newspapers and/or realtor publications/brochures on public right-of- way, and also inquired if these installations have been authorized by the City. The City Manager advised that he would investigate the matter and report to Council accordingly. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. ELECTIONS-FIRE DEPARTMENT-REGISTRAR-CHURCHES: A resolution adopted by the Roanoke City Electoral Board on April 28, 1997, requesting approval of a temporary change in the Lee-Hi Voting Precinct from No. 4 Fire Station to Covenant Presbyterian Church, 1831 Deyerle Road, S. W., due to construction work on Aerial Way Drive and the lack of parking facilities for voters, was before Council. Mr. Trout offered the following emergency ordinance temporarily changing the polling place for Lee-Hi Precinct from Fire Station No. 4 on Aerial Way Drive, S. W., to Covenant Presbyterian Church, 1831 Deyerle Road, S. W.: (#33363-050597) AN ORDINANCE temporarily changing the polling place for Lee-Hi Precinct from Fire Station No. 4 on Aerial Way Drive, S. W., to Covenant Presbyterian Church, 1831 Deyerle Road, S. W.; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 461.) Mr. Trout moved the adoption of Ordinance No. 33363-050597. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Harris, Parrott, Swain and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. Mr. Harris called attention to complaints regarding parking conditions in an unpaved parking lot located across the street from the present Lee-Hi Precinct, and inquired if consideration has been given to relocating the Lee-Hi Precinct from No. 4 Fire Station to the Covenant Presbyterian Church on a permanent basis. 474 The Reverend Charles T. Green, Chairperson, Roanoke City Electoral Board, advised that the Lee-Hi Precinct is the largest precinct in the City of Roanoke with over 2,500 registered voters, and the Electoral Board will confer with church officials to determine if Covenant Presbyterian Church can be established as a permanent voting place for the Lee-Hi Precinct. The Mayor suggested that appropriate signage be installed at the No. 4 Fire Station to notify voters that the polling place has been temporarily changed. There being no further business, the Mayor declared the meeting adjourned at 3:$0 p.m. APPROVED ATTEST: Mary F. Part(er David A. Bowers City Clerk Mayor 475 PERSONNEL COMMITTEE ............ ROANOKE CITY COUNCIL May 5,1997 4:00 p.m. A meeting of the Roanoke City Council Personnel Committee, composed of the Members of the Roanoke City Council, was called to order on Monday, May 5, 1997, at 4:00 p.m., in the City Council's Conference Room, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Chairman and Mayor David A. Bowers presiding. PRESENT: Council Members C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers ........................................................................................... 7. ABSENT: None ...................................................................................... 0. OFFICERS PRESENT: Mary F. Parker, City Clerk. COUNCIL-CITY EMPLOYEES-CITY MANAGER-CITY ATTORNEY-CITY CLERK- MUNICIPAL AUDITOR-DIRECTOR OF FINANCE-REAL ESTATE VALUATION: Ms. Wyatt moved that the City Council Personnel Committee meet in Executive Session to discuss a personnel matter, being performance evaluations of certain Council Appointed Officers, pursuant to Section 2.1-344(A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers ................................................................................................. 7. NAYS: None ......................................................................................... 0. At 4:02 p.m., the Mayor declared the meeting in recess. At 5:30 p.m., the meeting reconvened in the City Council's Conference Room, with all Members of the City Council Personnel Committee in attendance, Mayor Bowers presiding. COUNCIL: With respect to the Executive Session just concluded, Mr. Harris moved that each Member of the City Council Personnel Committee 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 476 (2) only such public business mattem as were identified in any'motion by which any Executive Session was convened were heard, discussed or considered by the City Council Pemonnel Committee. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowem ............................................................................................... 7. NAYS: None .......................................................................................... 0. There being no further business, the Mayor declared the City Council Personnel Committee meeting adjourned at 5:32 p.m. APPROVED ATTEST: Mary F. Parker City Clerk mmmmmmmmmmmmmmmm David A. Bowem Mayor 477 SPECIAL MEETING ...... ROANOKE CITY COUNCIL May 5, 1997 7:00 p.m. The Council of the City of Roanoke met in special session on Monday, May 5, 1997, at 7:00 p.m., in the Exhibit Hall of the Roanoke Civic Center, 710 Williamson Road, N. E., City of Roanoke, Virginia, with Vice-Mayor Linda F. Wyatt presiding, pursuant to Resolution No. 33351-042197, adopted by the 'Council on Monday, April 21, 1997. PRESENT: Council Members C. Nelson Harris, John H. Parrott, Carroll E. Swain, William White, Sr., and Vice-Mayor Linda F. Wyatt ................................. 5. ABSENT: Council Member James O. Trout and Mayor David A. Bowers ..... 2. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The 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 Vice-Mayor Wyatt. BUDGET-TAXES: The Vice-Mayor advised that the purpose of the special meeting was to hold a public hearing to receive comments from citizens with regard to the City's real estate tax rate. Notice of advertisement of the public hearing was published in the The Roanoke Times on Monday, April 21, 1997, and in the Roanoke Tribune on Thursday~ April 24, 1997. (See publisher's affidavits on file in the City Clerk's Office.) The Vice-Mayor advised that the recommended budget includes a one-cent reduction in the real estate tax rate, which is currently $1.23 per $100.00 of assessed value. The Vice-Mayor requested that all speakers limit their remarks to three minutes each; whereupon, the following persons addressed Council: 478 Ms. Marianne E. Gandee, 3271 Allendale Street, S. W., commended Council for studying a proposed tax cut. She stated that tax cuts are appreciated when the fiscal needs of a community are reduced, or when the present rate provides a budgetary surplus; however, based on reports from the Capital Improvements Program and vision' workshops, Roanoke's projected revenues fall short of the amount necessary to fund the City's "wish list". She applauded Council's willingness as elected representatives to do the right thing, but not necessarily the popular thing. She stated that Council's pragmatic consideration of a less drastic tax cut will help to insure that the City of Roanoke can provide the services and educational opportunities necessary in the years to come. She added that citizens have a duty to look to the future; and in November, the citizens of Roanoke will face a serious challenge and Roanoke must be fiscally prepared to float the largest bond issue in the City's history in order to fund the City's Capital Improvements Program and to complete renovations to elementary and middle schools which will be followed by high school renovations. Mr. Michael R. Meise, 2314 Maiden Lane, S. W., representing the Board of Directors, Greater Raleigh Court Civic League, advised that the Board of Directors unanimously adopted a resolution at its May 1, 1997, meeting applauding the Roanoke City Council for reducing the size of the real estate tax; however, the Greater Raleigh Court Civic League is concerned that reductions in real estate taxes may further erode the quality of life in Roanoke's neighborhoods and the quality of education in the Roanoke City Schools. He stated that the Greater Raleigh Court Civic League wishes to go on record in opposition to further reductions in the real estate tax base of the City. Mr. William G. Ammen, 4938 Greenlee Road, S. W., spoke in favor of the reduction in the real estate tax rate. He called attention to concerns expressed by some citizens of Roanoke that the real estate tax rate has not been reduced since 1993, while the valuation of property has risen 116 per cent. He stated that it is believed by some elderly homeowners that Council is trying to do what is right and is long over due. He advised that all homeowners in the City of Roanoke are entitled to some form of tax relief, especially when assessments cause an increase in taxes year after year, and requested that Council reduce the real estate tax rate by two - three cents and establish an agenda which will require City Council to reduce the real estate tax rate every year until the rate reaches $1.12 per $100.00 of assessed value which is currently the rate paid by City of Salem homeowners. Mr. William L. Proffitt, 3545 Greenland Avenue, N. W., expressed opposition to any tax increase. He stated that a tax increase is not needed, citizens are currently paying too much in real estate taxes for the quality of neighborhoods in Roanoke, and there are unfavorable conditions in some neighborhoods that have not been corrected. He advised that all City taxes should be decreased. 479 Mr. Holly O. Phillips, 3028 Pioneer Road N. E., requested that Council reduce the real estate tax rate, reduce the assessment ratio to a more equitable formula, and give senior citizens a tax break. There being no further business, the Vice-Mayor declared the special meeting adjourned at 7:20 p.m. APPROVED ATTEST: Mary F. Parker City Clerk 480 SPECIAL MEETING ...... ROANOKE CITY COUNCIL May 5, 1997 7:20 p.m. The Council of the City of Roanoke met in special session on Monday, May 5, 1997, at 7:20 p.m., in the Exhibit Hall of the Roanoke Civic Center, 710 Williamson Road, N. E., City of Roanoke, Virginia, with Vice-Mayor Linda F. Wyatt presiding, pursuant to Resolution No. 33351-042197, adopted by the Council on Monday, April 21, 1997. PRESENT: Council Members C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout (arrived at 7:30 p.m.), William White, Sr., and Vice-Mayor Linda F. Wyatt ............................................................................................... 6. ABSENT: Mayor David A. Bowers ........................................................... 1. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. BUDGET-TAXES: The Vice-Mayor advised that the purpose of the special meeting was to hold a public hearing to receive comments from citizens with regard to the 1997-98 recommended City budget; certain tax rate increases; and the recommended fiscal year 1997-98 U. S. Department of Housing and Urban Development (HUD) Funding Budget. Notice of advertisement of the public hearing was published in The Roanoke Times on Friday, April 18, 1997, Monday, April 21, 1997, and Friday, April 25, 1997, and in the Roanoke Tribune on Thursday, April 17, 1997, and Thursday, April 24, 1997. (See publisher's affidavits on file in the City Clerk's Office.) The Vice-Mayor advised that in accordance with requirements of Section 33 of the Roanoke City Charter pertaining to the annual budget, the City Manager has recommended a balanced fiscal year 1997-98 General Fund budget totalling $t 61.0 million, representing a 5.56 per cent increase over the current fiscal year budget; two major components of the General Fund Budget include the Roanoke City Government Budget and the local share of the Roanoke City School Budget; and the recommended adjusted school budget totals $86,540,693.00. 481 The Vice-Mayor further advised that one of the largest increases in existing programs is a mandated expenditure of approximately $2.2 million for the Comprehensive Services Act; a second major expenditure includes the employee merit increase of 3.3 per cent of the mid-point of each pay grade, which equates to $1.9 million; new programs include $15,000.00 for a Citizen Service Center, $100,000.00 for curb, gutter and sidewalk projects, approximately $52,000.00 for alley cleanup and park restoration, and $19,200.00 to fund the City's share of the cost for a Greenways Coordinator; improved programs in City departments include continued work to automate the City's trash collection and provide citizens with roll- out containers, and funds to address removal of junk cars; and the proposed budget will also position the City for a $35 - $37 million bond referendum. The Vice-Mayor explained that the Members of Council welcome comments on a proposed new tax on consumers of mobile local telecommunication service (cellular telephones), at a rate equal to ten percent of the gross monthly charge on an amount not in excess of $30.00 per month for each mobile service consumer; the City Manager's recommendation regarding an increase in the special tax on consumers of local telephone service, emergency 911 surcharge, from $.99 per month, per telephone line to $1.45 per month, per telephone line, effective July 1, 1997; and the recommended U. S. Department of Housing and Urban Development (HUD) Funding Budget for fiscal year 1997-98 which totals $3,787,476.00. The Vice-Mayor requested that speakers limit their remarks to three minutes each; whereupon, the following persons addressed Council: Ms. Cynthia Ries, 3631 Peakwood Drive, S. W., representing Parents for Capital Improvements in the Roanoke City Schools, advised that the proposed budget makes a statement that Roanoke City schools are on the front burner of what is crucial in Roanoke, and the proposed budget also makes a statement that Council, the School Board and the School Superintendent will conduct business in an atmosphere of good faith and shared goals. She further advised that based on the retirement of existing debt through good long term capital needs planning and cost savings on the part of the City Manager, Roanoke is in a position to offer the largest bond referendum in the City's history to be voted on by the voters in November 1997. She stated that the citizens of the City of Roanoke have supported every bond referendum and necessary school capital improvement projects without divisiveness or acrimony because bond money has been fairly and evenly distributed throughout the schools and in every section of the City. She advised that she has confidence that Council will do everything within its power to avoid unwise tax cuts, to look for alternative sources of revenue, and to maximize the City's bonding capacity to insure that Roanoke continues to buck the trends to renovate instead of to vacate. 482 David L. Kjolhede, Executive Director, Roanoke Valley Convention & Visitors Bureau, advised that there is a way to provide tax revenues for the City in the form of tourism and conventions that choose to hold their meetings in the City of Roanoke. He stated that Council in the past has invested $500,000.00 in the Roanoke Valley Convention & Visitors Bureau and those funds have returned tax dollars several times to the City. He requested that Council not only consider the recommended $500,000.00 for the Convention & Visitors Bureau in the proposed budget, but look for ways to increase funding because the Convention and Visitors Bureau operates in a very competitive market with cities around the region. Mr. Phillip A. Chagmon, 1202 Floyd Avenue, S. W., spoke in support of programs sponsored by the YMCA and the West End Center. He requested that as Council reviews the budget, it should take into consideration the current shift in American politics toward limiting or eliminating entitlement programs for the needy. He advised that it would be unwise to abandon American children, the City must accept an increased responsibility toward its disadvantaged children, and if funds are not budgeted for cost effective programs for the children of Roanoke, the City will be abandoning its responsibility. He stated that Roanoke City, as well as all of America, will be going through dramatic changes in the coming years and programs to save the nation's children must be increased, and this required increase cannot take place in a vacuum. He stated that full funding for existing programs to save Roanoke's children will not only allow the current programs to operate effectively, but will also send a message to the Roanoke community that funding is available for the necessary increase in programs that will help to save Roanoke's children. He stated that it is not just the morally responsible choice, but the fiscally responsible choice. Joe W. Christianbury, 2554 Emerald Lake Drive, Troutville, Virginia, Member, Board of Directors, Tutor, and Past President, West End Center, expressed appreciation for past assistance which has been provided for the West End Center, and requested that Council consider full funding of the operating request which was submitted for fiscal year 1997-98. He called attention to a partnership with the Blue Ridge Community Service which has enabled the West End Center to help at- risk or disturbed children in an effective manner. He stated that it would appear to be the most cost effective manner in which to fund a program that has been active for 17 years where volunteers are currently in place. Pat D. Dillard, Executive Director, Presbyterian Community Center, advised that for over 25 years, the Center has provided emergency, financial and food services to Iow income residents of southeast Roanoke and the Roanoke Valley, and during those years, the Center has been aware of the need to provide Iow income youth with afternoon tutoring, mentoring and a culturally enriched environment. She 483 stated that the Presbyterian Center is one of four organizations: YMCA, West End Center, and St. John's Episcopal Church that is committed to creating a new City- wide youth program to provide these opportunities for the youth of southeast Roanoke; however, a request for funds through the Community Development Block Grant was denied. She explained that sources familiar with CDBG spending have confirmed that there have not been significant CDBG expenditures in southeast Roanoke since Fallon Park swimming pool was constructed 15 - 20 years ago. Therefore, she urged reconsideration of the funding request and advised that local leadership has encouraged replication of the successful model programs at West End Center and the Presbyterian Community Center in order to address the needs of Roanoke's at risk children. Theodore D. Allen, 4221 Whitehall Circle, S. W., President and representing 40 families in an organization known as AMI-RV which serves as an advocate for persons disabled by mental illness, appeared before Council and spoke in support of increased funding for Blue Ridge Community Service in order to address the needs of helpless individuals. Steven L. Higgs, 2811 Rosalind Avenue, S. W., President, Blue Ridge Zoological Society of Virginia, which operates the Mill Mountain Zoo, advised that the Zoo provides the Roanoke Valley with a direct economic impact of approximately $700,000.00 per year and has an indirect economic impact in excess of $5 million. He stated that the Mill Mountain Zoo appreciates the in-kind support that it receives from the City in terms of reduced fees and services; however, the Zoo requests an increase in the City's direct financial support. He explained that currently the Mill Mountain Zoo receives approximately $8,000.00 per year from the City which is less than one-half of the taxes that are paid directly by the Zoo back to the City. He stated that there is no more efficient cultural attraction in the City of Roanoke in terms of public funding which is received, versus benefits that the Zoo returns to the community, and the Mill Mountain Zoo will look to the City for its continued support. John M. Stroud, Executive Director, Roanoke Valley Regional Chamber of Commerce, a business organization representing over 1700 businesses in the region, advised that the Chamber of Commerce would like for the City to focus its attention on regional cooperation and on setting measurable goals in the City's capital expenditure plan. He stated that in reviewing the budget, only expenditures are noted, and inquired as to the amount of funds proposed to be spent by the various departments of City government, what does the City expect to achieve by spending the funds, what are the goals of the City, and how much money will be required to achieve those goals. He advised that the Chamber of Commerce is asked periodically by the news media to evaluate Council and the City 484 Administration and their response has been, "What are the City's goals?" He asked how the citizens in the business community can be expected to evaluate City government in the absence of clear and measurable goals. He stated that the budget document demonstrates how much money the City is spending and not what the City expecte to receive for ite money in terms of results. He explained that communities around the country that have strategic plans with measurable goals to achieve their strategic plans are able to build consensus, and the community works together to achieve their stated goals. He stated that the proposed budget would position the City of Roanoke for a $35 - $37 million bond issue which is not enough to meet the current needs of the City, therefor, it is hoped that Council will look within the budget for additional money because every identified $100,000.00 will fund another $1 million in capital improvements. Tonya A. White, 1521-E Wyndham Drive, Vinton, Virginia, representing the Presbyterian Community Center, advised that the City has an urgent need for the services offered by the Presbyterian Center, especially since effective October 1, 1997, the City will be under the Federal Welfare Reform Act and there will be a growing need for high quality inexpensive day care for Iow income families. She advised that southeast Roanoke has no youth programs and children need a place to go after school, and requested that Council work with the YMCA and the Presbyterian Community Center to identify funds for the youth of Roanoke City and specifically southeast Roanoke. Ann Hutton, 1402 Abby Circle, Vinton, Virginia, Chair, Public Affairs Committee, Mental Health Association of the Roanoke Valley, a non-profit, non- governmental organization with approximately 500 members who work to educate citizens of the Roanoke Valley about issues regarding mental health and mental illness and advocate quality care for all citizens who suffer from mental illness, appeared before Council in support of the request of Blue Ridge Community Services for allocation of funds for fiscal year 1997-98. She explained that Blue Ridge Community Services provides mental health, mental retardation and substance abuse services to the citizens of the Counties of Roanoke, Botetourt and Craig and the Cities of Roanoke and Salem. She stated that the funding request submitted by Blue Ridge Community Services was prepared in accordance with the local match policy which calls for matching all state based funds at a 90 - 10 ratio with local tax dollars. She advised that the requested allocation represente the amount of funds necessary to maintain all programs at the current level of service. She explained that Blue Ridge Community Services provided mental health, mental retardation and substance abuse treatment or counseling services to 6,762 Roanoke City residents during the fiscal year ended June 30, 1996, and the value of those services was estimated at $7,439,182.00, which represents $22.13 in services for 485 each local match dollar provided by the City. She stated that for fiscal year 1997, Roanoke City allocated $346,250.00 in local tax dollars to Blue Ridge Community Services and the agency has requested an allocation of $459,808.00 from Roanoke City for fiscal year 1997-98, and appropriations in a lesser amount than that which is requested will jeopardize state funds and existing service delivery. Nancy A. Chapin, Executive Director, Literacy Volunteers of America in the Roanoke Valley, advised that Literacy Volunteers help functionally illiterate adults to improve their reading, writing and communication skills. She stated that Literacy Volunteers at the Presbyterian Community Center propose 'to develop a Family Literacy Volunteer program in the southeast section of the City which would include basic literacy skills, instructions for parents, developmental education for children, and provide programs allowing parents and children to interact and share learning experiences in conjunction with parenting classes and support groups. She stated that when parents and children learn together they help each other to grow, children learn from the parent to value and respect education and thus improve their chances of success in school, and parents gain a new appreciation of their role as the child's first teacher. She spoke in support of the need for space to house the Family Literacy Program. Kathryn R. Hale, Director, West End Center for Youth, advised that the programs at the West End Center have been successful in preventing teenage pregnancy, juvenile delinquency and increasing school attendance and overall school success. She called attention to three partners of the West End Center who are willing to provide similar services to youth and teens throughout Roanoke City which are privately funded by businesses, churches and individuals from the Roanoke Valley. She requested additional funding through Community Development Block Grant funds to expand the program offered by the West End Center in order to serve several hundred additional children over a three year period. Mr. Bill C. Leach, 3136 West Ridge Road, S. W., spoke in support of funding for the West End Center. He stated that the West End Center is repeatedly told that funding is not available in Community Development Block Grant funds, which is probably true in light of the limited amount of funds available (approximately $250,000.00) for the entire social service/human service portion of the budget; however, the bottom line is that the City chooses to fund a $100,000.00 administrative cost out of social services needs and the City does not make a priority of spending for its youth population. "He advised that as a taxpayer, he would prefer that his tax dollars be spent on those needs that address cost effective beneficial societal enhancement activities. He stated that the West End Center and the City-Wide Coalition which is proposed addresses educational needs, job skills, 486 nutrition, fitness and athletic activities, cultural activities, teen pregnancy, socialization skills, special needs for emotionally disturbed and educationally handicapped people, and programs designed to encourage the role of parents. He requested that City government give more thought to which is more cost effective: spending $2,000.00 - $3,000,00 per child to help the child become an educated high school graduate and an employed member of society, or spend $100,000.00 for the special needs child or $45,000.00 for the incarcerated juvenile. Rodney L. Lewis, 709 Madison Avenue, N. W., Member, Board of Directors, West End Center, advised that all citizens must reach out and help the youth of Roanoke City. He stated that the West End Center program is successful, it should be emulated throughout the City, and Council's assistance in the form of funding is needed. Ms. Liza Fernald, 2462 Meadowbrook Road, N. W., inquired as to what the City is doing to prepare for Federal Welfare Reform. She advised that programs provided by the West End Center are successful, and she has personally witnessed children who have succeeded because of the guidance they received at the West End Center. She stated that these children are offered the opportunity to have the same successes that all parents throughout the entire City want for their children. She requested that Council reconsider the proposal of the West End Center for a City- wide youth program which would place a youth center in every area of the City and provide the City with an opportunity to look at prevention rather than to pay the consequences at a later date. Joy Parrish, 5111 Black Hawk Circle, Salem, Virginia, an employee of the West End Center, called attention to statistics from the Better Beginnings Coalition study which shows that the West End Center is effective in preventing teenage pregnancy and increasing school attendance and performance. She stated that the West End Center succeeds because the program is reality based and holds children accountable for their actions in order to prepare them for the real world, the Center is successful because it is located in the community where participants live, the Center is open five days a week year round providing tutoring services to children from kindergarten to age 12, the Center acts as a support system to the entire family, the Center provides an inclusive environment for all children where youth are shown how to make good choices and encouraged to reach for the stars, and the Center provides children with positive role models, along with a good support system. She advised that the West End Center helps children acquire the skills they will need to become productive responsible citizens through a group of volunteers and contributors who keep the Center operating year in and year out. She stated that the median income for families of West End Center youth is less than $12,000.00 which 487 does not allow money for after school enrichment programs. She advised that currently 84 children are on the waiting list, and the list will grow with the upcoming Federal Welfare Reform initiative. She asked that the request of the West End Center for additional funds be reconsidered by Council. Estelle H. McCadden, President, Melrose/Rugby Neighborhood Forum, requested that Council reconsider a decision made by the Office of Grants Compliance to deny the organization's request for Community Development Block Grant funds to purchase a building which will be used as office space. She advised that initially, the organization requested $38,300.00 in CDBG funding; however, since their funding request was submitted, another structure has been identified, thus decreasing their funding request by $10,000.00. She pointed out that the City continues to fund some of the same organizations year after year and does not give consideration to funding requests of new organizations, and asked that the northwest section of Roanoke be given an opportunity to become an active part of the City. The Reverend John L. Huffaker, representing the Roanoke Christian Partnership, an organization formed to provide ministry services to southeast residents, as well as to enhance the ecumenical life of those churches working closely with the Presbyterian Community Center, spoke in support of funding for a City-wide youth center project. He stated that with a poverty rate in the southeast section of the City of 35 per cent and a lack of facilities and opportunities for youth development, he would plead with the City to identify resources in the budget to develop a youth center in southeast Roanoke. He advised that through modeling the successful programs sponsored by the West End Center with organizations such as the Southeast Roanoke Christian Partnership, the Presbyterian Community Center, and others, appropriate staff and volunteers could be provided to establish a program in southeast Roanoke that would have strength and credibility. He urged that Council give serious consideration to providing funds for development of a youth center and youth programs in southeast Roanoke, in order to address the needs of youth and to strengthen the moral and community fiber of the neighborhood. The Reverend W. Mike Barnes, Pastor, Belmont Christian Church in southeast Roanoke, spoke in support of including funds in the Community Development Block Grant budget for youth programs for southeast Roanoke. He advised that the West End Youth Center, Presbyterian Community Center, St. John's Episcopal Church and the YMCA Family Center requested a portion of CDBG funds for programs to help reduce teenage pregnancy, reduce juvenile crime, and to provide services for southeast children such as after school tutoring programs. He asked how Council 488 can, in good conscience, provide funds for other parts of the City for youth programs and not provide funds for the children of southeast Roanoke. He urged that Council reconsider the matter and provide a portion of CDBG funding to the proposed youth programs for southeast Roanoke. Harriet Lewis, Executive Director, YWCA of the Roanoke Valley, advised that the YWCA Youth Group provides constructive and enrichment programs for girls from 10 - 16 years of age who are considered to be at a statistically vulnerable age that makes them at risk of becoming pregnant. She stated that the YWCA is currently helping 73 young women once per week during the school year and all day for two days each week during the summer months and their goal is to help 85 young women during the 1997-98 operating year. She explained that the 1997-98 budget reduces funding for the YWCA from the Community Development Block Grant by $2,500.00; therefor, the YWCA Youth Group is requesting that its proposed level of funding be reconsidered. She advised that the program has helped to increase school attendance, to reduce teenage pregnancy rates, and to build feelings of self-esteem. Bill A. Breeding, Co-Athletic Director, Southeast Recreation Club, requested that the City build more practice/game fields and gymnasiums when Roanoke's parks are renovated, in order to provide the youth of Roanoke with an alternative to standing on street corners and getting into trouble. There being no further business, the Vice-Mayor declared the special meeting adjourned at 8:30 p.m. APPROVED ATTEST: Mary F. Parker City Clerk 489 PERSONNEL COMMITTEE ............ ROANOKE CITY COUNCIL May 6, 1997 2:20 p.m. A meeting of the Roanoke City Council Personnel Committee, composed of the Members of Roanoke City Council, was called to order on Tuesday, May 6, 1997, at 2:20 p.m., in the City Council's Conference Room, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Chairman and Mayor David A. Bowers presiding. PRESENT: Council Members C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout, Linda F. Wyatt and Mayor David A. Bowers ........................ 6. ABSENT: Council Member William White, Sr.- ............................................ 1. OFFICERS PRESENT: Mary F. Parker, City Clerk. COUNCIL-CITY EMPLOYEES-CITY MANAGER-CITY ATTORNEY-CITY CLERK- MUNICIPAL AUDITOR-DIRECTOR OF FINANCE-REAL ESTATE VALUATION: Ms. Wyatt moved that the City Council Personnel Committee meet in Executive Session to discuss a personnel matter, being performance evaluations of certain Council Appointed Officers, pursuant to Section 2.1-344(A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, Wyatt and Mayor Bowers ............................................................................................... 6. NAYS: None ....................................................................................... 0. (Council Member White was absent.) At 2:22 p.m., the Mayor declared the meeting in recess. At 4:30 p.m., the meeting reconvened in the City Council's Conference Room, with Mayor Bowers presiding and all Members of the City Council Personnel Committee in attendance, with the exception of Council Member White. COUNCIL-CITY EMPLOYEES-CITY MANAGER-CITY ATTORNEY-CITY CLERK- MUNICIPAL AUDITOR-DIRECTOR OF FINANCE-REAL ESTATE VALUATION: With respect to the Executive Session just concluded, Mr. Swain moved that each Member of the City Council Personnel Committee certify to the best of his or her 490 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 Executive Session was convened were heard, discussed or considered by the City Council Personnel Committee. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, Wyatt and Mayor Bowers ............................................................................................... 6. NAYS: None .......................................................................................... -0. (Council Member White was absent.) At 4:32 p.m., the Mayor declared the meeting in recess until Wednesday, May 7, 1997, at 10:00 a.m., in the City Manager's Conference Room. At 10:05 a.m., on Wednesday, May 7, 1997, the City Council Personnel Committee reconvened in the City Manager's Conference Room, Room 364, Municipal Building, 215 Church Avenue, S. W., with Mayor Bowers presiding and all Members of the City Council Personnel Committee in attendance. COUNCIL-CITY EMPLOYEES-CITY MANAGER-CITY ATTORNEY-CITY CLERK- MUNICIPAL AUDITOR-DIRECTOR OF FINANCE-REAL ESTATE VALUATION: Mr. Parrott moved that the City Council Personnel Committee meet in Executive Session to discuss a personnel matter, being performance evaluations of certain Council Appointed Officers, pursuant to Section 2.1-344(A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................................................... 7. NAYS: None ....................................................................................... 0. At 10:07 a.m., the Mayor declared the meeting in recess. At 12:10 p.m., the meeting reconvened in the City Manager's Conference Room, with Mayor Bowers presiding and all Members of the City Council Personnel Committee in attendance. 491 COUNCIL-CITY EMPLOYEES-CITY MANAGER-CITY ATTORNEY-CITY CLERK- MUNICIPAL AUDITOR-DIRECTOR OF FINANCE-REAL ESTATE VALUATION: With respect to the Executive Session just concluded, Mr. Swain moved that each Member of the City Council Personnel Committee 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 Executive Session was convened were heard, discussed or considered by the City Council Personnel Committee. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................................................... 7. NAYS: None ....................................................................................... 0. COUNCIL-CITY EMPLOYEES-CITY MANAGER-CITY ATTORNEY-CITY CLERK- MUNICIPAL AUDITOR-DIRECTOR OF FINANCE-REAL ESTATE VALUATION: Mr. Swain moved that the City Council Personnel Committee meet in Executive Session to discuss a personnel matter, being performance evaluations of certain Council Appointed Officers, pursuant to Section 2.1-344(A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................................................... 7. NAYS: None ....................................................................................... 0. At 12:15 p.m., the Mayor declared the meeting in recess. At 12:50 p.m., the City Council Personnel Committee reconvened in the City Manager's Conference Room, Room 364, with Mayor Bowers presiding and all Members of the City Council Personnel Committee in attendance. COUNCIL-CITY EMPLOYEES-CITY MANAGER-CITY ATTORNEY-CITY CLERK- MUNICIPAL AUDITOR-DIRECTOR OF FINANCE-REAL ESTATE VALUATION: With respect to the Executive Session just concluded, Mr. Swain moved that each Member of the City Council Personnel Committee 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 3 492 such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by the City Council Personnel Committee. The motion was seconded by Mi. Harris and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................................................... 7. NAYS: None ....................................................................................... 0. COUNCIL-CITY EMPLOYEES-CITY MANAGER-CITY ATTORNEY-CITY CLERK- MUNICIPAL AUDITOR-DIRECTOR OF FINANCE-REAL ESTATE VALUATION: Mr. Parrott moved that Council approve a five per cent merit pay increase for the City Manager, City Attorney, Director of Finance, City Clerk, Director of Real Estate Valuation, and Municipal Auditor, effective July 1, 1997. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Parrott, Trout, White, and Mayor Bowers .......... -4. NAYS: Council Members Harris, Swain and Vice-Mayor Wyatt ................. 3. REAL ESTATE VALUATION-CITY CHARTER: Mr. White moved that the position of Director of Real Estate Valuation be established as a Council-Appointed position for a term of two years. The motion was seconded by Mr. Trout and unanimously adopted. Without objection by Council, the Mayor advised that the matter would be referred to the City Attorney for appropriate action. There being no further business, the Mayor declared the City Council Personnel Committee meeting adjourned at 12:55 p.m. APROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor · 493 ROANOKE CITY COUNCIL ...................... SPECIAL MEETING May 12, 1997 6:00 p.m. The Council of the City of Roanoke met in special session in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on Monday, May 12, 1997, at 6:00 p.m., pursuant to Section 10, Meetincjs of Council, of the Roanoke City Charter, and pursuant to Resolution No. 33350- 042197, adopted by the Council on Monday, April 21, 1997, with Mayor David A. Bowers presiding. PRESENT: Council Members William White, Sr., Linda F. Wyatt, C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout and Mayor David A. Bowers ............................................................................................ 7. ABSENT: None ..................................................................................... 0. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The invocation was delivered by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. BUDGET-SCHOOLS: The Mayor advised that the purpose of the special meeting was to elect three Trustees to the Roanoke City School Board; and to adopt the fiscal year 1997-98 City operating budget and other related matters, pursuant to Resolution No. 33350-042197, adopted by the Council at its regular meeting on Monday, April 21, 1997. OATHS OF OFFICE-COMMITTEES-SCHOOLS: The Mayor advised that on July 1, 1997, there will be three vacancies on the Roanoke City School Board; and pursuant to Section 9-21, Public Interview of Candidates, of the Code of the City of Roanoke (1979), as amended, Council conducted interviews with the following persons on Thursday, April 24, 1997, at 6:00 p.m., in the City Council Chamber: 494 ACTION: ACTION: ACTION: ACTION: ACTION: ACTION: Sherrie M. Boone F. B. Webster Day Marsha W. Ellison Joann Hamidullah Sherman P. Lea Michael L. Ramsey Pursuant to Section 9-22, Elections, of the Code of the City of Roanoke (1979), as amended, which provides that on or before May 15 of each year, Council must hold an election to fill certain upcoming vacancies on the Roanoke City School Board, the following names were placed in nomination: Sherrie M. Boone F. B. Webster Day Marsha W. Ellison Joann Hamidullah Sherman P. Lea Michael L. Ramsey There being no further nominations, the following vote was recorded: FOR MS. BOONE: Council Member Parrott and Vice-Mayor Wyatt ........................................................................................... 2. FOR MR. DAY: Council Members Harris, Parrott, Swain, Trout and Mayor Bowers ....................................................................... 5. FOR MS. ELLISON: Council Members White, Harris, Trout and Mayor Bowers ............................................................................. -4. FOR MS. HAMIDULLAH: Council Member White and Vice-Mayor Wyatt ........................................................................................... 2. FOR MR. LEA: Council Members White, Harris, Swain, Trout and Mayor Bowers ............................................................................. 5. FOR MR. RAMSEY: Council Members Parrott, Swain and Vice- Mayor Wyatt ................................................................................ 3. 495 ACTION: Pursuant to the aboverecorded roll call vote of the Council, the Mayor declared F. B. Webster Day, Marsha W. Ellison, and Sherman P. Lea as Trustees of the Roanoke City School Board for terms of three years each, commencing July 1, 1997, and ending June 30, 2000. BUDGET-CITY CODE-TAXES-DISABLED PERSONS: Mr. White offered the following emergency ordinance amending and reordaining §32-86, Financial eliqibility, Code of the City of Roanoke (1979), as amended, by adding a new subsection (e) increasing from $26,000.00 to $27,000.00 the total combined annual income threshold and increasing from $75,000.00 to $80,000.00 the net combined financial worth threshold for qualification for real estate tax exemption for elderly and disabled persons for the tax year commencing July 1, 1998: (#33378-051297) AN ORDINANCE amending and reordaining §32- 88, Financial eliqibility, Code of the City of Roanoke (1979), as amended, by adding a new subsection (e) increasing from $26,000.00 to $27,000.00 the total combined annual income threshold and increasing from $75,000.00 to $80,000.00 the net combined financial worth threshold for qualification for real estate tax exemption for elderly and disabled persons for the tax year commencing July 1, 1998; amending current subsection (e) of §32-86, Financial eliqibility, to redesignate such subsection as subsection (f); and providing for an emergency and an effective date. (For full text of Ordinance, see Ordinance Book No. 59, page 488.) Mr. White moved the adoption of Ordinance No. 33378-051297. The motion was seconded by Mr. Trout and adopted by the following vote: ACTION: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. BUDGET-CITY CODE-TAXES-TELEPHONE EQUIPMENT: Mr. Swain moved that the following ordinance amending the Code of the City of Roanoke (1979), as amended, by enacting new §32-170.1, AD_~)licability to mobile local telecommunication servic.% establishing 496 a new tax on purchasers and consumers of mobile local telecommunication service and providing for a tax rate in the amount of ten per cent of the monthly gross charge, and duties and procedures in the administration of such tax, be placed upon its first reading: (#33379) AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by enacting new §32-170.1, A_o_olicability to mobile local telecommunication service, establishing a new tax on purchasers and consumers of mobile local telecommunication service and providing for the tax rate and duties and procedures in the administration of such tax, and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 59, page 520.) The motion was seconded by Mr. White. Linda M. Scarborough, Vice-President of Community Relations, Roanoke Valley Regional Chamber of Commerce, raised the question, "When is a tax decrease actually a tax increase?" She advised that the answer appears obvious as Council considers reducing the real estate tax, while at the same time increasing the utility tax on cellular telephone service and the E-911 fee. She stated that citizens have not asked for a reduction in taxes, but they have requested no additional tax increases. She noted that last year, the Chairman of the Roanoke Regional Chamber of Commerce appeared before Council and requested that any new funding be developed through greater efficiencies and not through increased taxes. She explained that the City recently increased business and residential taxes through reassessment of property, and last year the Business, Professional and Occupational License Tax was increased, which is now proposed to be followed by a ten per cent levy on cellular telephone users, most of which will be paid by businesses and individuals. She added that revenue from the proposed taxes was not included in the original budget, therefore, why does the City need the additional money. She asked that Council vote against the cellular telephone tax, and advised that with this proposed tax added to other taxes, Roanoke is quickly becoming more costly and less competitive with other localities. Ordinance No. 33379, on its first reading, was adopted by the following vote: 497 ACTION: AYES: Council Members White, Harris, Swain, and Mayor Bowers ............................................................................ -4. NAYS: Council Members Parrott, Trout and Vice-Mayor Wyatt--3. BUDGET-CITY CODE-TAXES-EMERGENCY SERVICES- COMMUNICATIONS DEPARTMENT: Mr. Swain offered the following emergency ordinance amending and reordaining §32-276, Tax levied; amount, of the Code of the City of Roanoke (1979), as amended, to provide for an increase in the special tax imposed on the consumers of telephone service to offset costs attributable to the enhanced 911 Emergency Telephone System, effective September 1, 1997: (#33380-051297) AN ORDINANCE amending and reordaining §32- 276, Tax levied; amount, of the Code of the City of Roanoke (1979), as amended, to provide for an increase in the special tax imposed on the consumers of telephone service to offset costs attributable to the enhanced 911 Emergency Telephone System; and providing for an emergency and for an effective date. (For full text of Ordinance, see Ordinance Book No. 59, page 489.) Mr. Swain moved the adoption of Ordinance No. 33380-051297. The motion was seconded by Mr. Parrott. Ms. Scarborough reiterated her remarks which were presented in connection with Ordinance No. 33379. Ordinance No. 33380-051297 was adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................................. 6. NAYS: Vice-MayorWyatt- ....................................................... 1. BUDGET-CITY CODE-TAXES: Mr. Harris offered the following emergency ordinance amending and reordaining §32-16, Levied; rate, Code of the City of Roanoke (1979), as amended, to provide for reduction of the real estate tax rate from $1.23 on every one hundred dollars of fair market value to $1.22 on every one hundred dollars of fair market value: 498 ACTION: ACTION: (#33381-051297) AN ORDINANCE amending and reordaining §32-16, Levied: rate, Code of the City of Roanoke (1979), as amended, to provide for reduction of the real estate tax rate from $1.23 on every one hundred dollars of fair market value to $1.22 on every one hundred dollars of fair market value; and providing for an emergency and an effective date. (For full text of Ordinance, see Ordinance Book No. 59, page 491.) Mr. Harris moved the adoption of Ordinance No. 33381-051297. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................................. 6. NAYS: Vice-Mayor Wyatt ....................................................... 1. BUDGET-SEWERS AND STORM DRAINS-CITY NURSING HOME- GENERAL SERVICES-HUMAN DEVELOPMENT-ROANOKE CIVIC CENTER-GRANTS-UTILITY LINE SERVICES-MANAGEMENT AND BUDGET-CITY INFORMATION SYSTEMS-TRANSPORTATION FUND- FLEET MAINTENANCE FUND-RISK MANAGEMENT FUND-SCHOOLS- WATER RESOURCES: A Certificate of the Director of Finance advising that funds required for the 1997-98 General Fund, Water Fund, Sewage Treatment Fund, Civic Center Fund, Transportation Fund, Nursing Home Fund, City Information Systems Fund, Materials Control Fund, Management Services Fund, Utility Line Services Fund, Fleet Management Fund, Risk Management Fund, School Fund, and Grant Fund budgets will be available for appropriation, was before Council. (For full text, see Certificate on file in the City Clerk's Office.) Mr. White moved that the Certificate be received and filed. The motion was seconded by Mr. Trout and unanimously adopted. BUDGET: Mr. Trout offered the following emergency ordinance adopting the annual General Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998, in the total amount of $161,226,635.00: 499 (#33382-051297) AN ORDINANCE adopting the annual General Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 492.) Mr. Trout moved the adoption of Ordinance No. 33382-051297. The motion was seconded by Mr. Swain. Ms. Barbara N. Duerk, 2607 Rosalind Avenue, S. W., advised that Roanoke City needs to break down barriers and to build bridges between communities, and those bridges should provide bicycle and pedestrian access. She stated that using taxpayer's dollars for only those residents to the south of Roanoke to safely access Valley View Mall is unconscionable. She pointed out that the Virginia Department of Transportation and the Federal Highway Administration have stated that the 1-581 road project can include bicycle and pedestrian accommodations and it is City Council's decision to approve or disapprove. She stated that if bicycle and pedestrian facilities are included in the present plan, Faison Realty Equities, Inc., developer of the property, has proffered in the petition for rezoning to build pedestrian/bicycle accommodations along Valley View Boulevard to intersect with the Wal-Mart interchange at no cost to the City, and costs could be considerably higher if added at a later date. She stated that fill dirt which will be needed for the outgoing south ramp should be taken into consideration as well. She advised that in discussions with engineers of the Virginia Department of Transportation, it has been suggested that pedestrian/bicycle accommodations be included on the bridge, continuing along the exit ramp, and it is important that pedestrian/bicycle accommodations be included now or they may never be included. She called attention to back-up traffic on Elm Avenue, Wonju Street, Orange Avenue, and Route 419 at various times throughout the day, and if an alternative transportation corridor is provided for motorists to access downtown Roanoke for pleasure or for work, they might leave their vehicles at home, thus, downtown parking requirements will be reduced. She requested that the City consult with Mattern and Craig, Consulting Engineers, to include bicycle/pedestrian accommodations, not only on the bridge but on the ramp, in order to access and connect with a greenway, and that the City fund pedestrian/ bicycle accommodations on the 1-581 interchange now. 5OO Ordinance No. 33382-051297 was adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................... 7. NAYS: None ................................................................... 0. BUDGET-WATER RESOURCES: Mr. Harris offered the following emergency ordinance adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998, in the total amount of $8,768,500.00: (#33383-051297) AN ORDINANCE adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 495.) Mr. Harris moved the adoption of Ordinance No. 33383-051297. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................ 7. NAYS: None ....................................................................... -0. BUDGET-SEWERS AND STORM DRAINS: Mr. Swain offered the following emergency ordinance adopting the annual Sewage Treatment Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998, in the total amount of $9,593,400.00: (#33384-051297) AN ORDINANCE adopting the annual Sewage Treatment Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 496.) 501 Mr. Swain moved the adoption of Ordinance No. 33384-051297. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. BUDGET-ROANOKE CIVIC CENTER: Mr. Harris offered the following emergency ordinance adopting the annual Civic Center Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997, and ending June 30, 1998, in the total amount of $2,673,862.00: (#33385-051297) AN ORDINANCE adopting the annual Civic Center Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 498.) Mr. Harris moved the adoption of Ordinance No. 33385-051297. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. BUDGET-TRANSPORTATION FUND: Mr. Harris offered the following emergency ordinance adopting the annual Transportation Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998, in the total amount of $2,818,313.00: (#33386-051297) AN ORDINANCE adopting the annual Transportation Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 499.) 5O2 Mr. Harris moved the adoption of Ordinance No. 33386-051297. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................... 7. NAYS: None ................................................................... O. BUDGET-NURSING HOME: Mr. White offered the following emergency ordinance adopting the annual Nursing Home Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997, and ending June 30, 1998, in the total amount of $610,714.00: (#33387-051297) AN ORDINANCE adopting the annual Nursing Home Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 500.) Mr. White moved the adoption of Ordinance No. 33387-051297. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................. 7. NAYS: None ........................................................................ 0. BUDGET-CITY INFORMATION SYSTEMS: Mr. Swain offered the following emergency ordinance adopting the annual City Information Systems Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998, in the total amount of $3,113,521.00: (#33388-051297) AN ORDINANCE adopting the annual City Information Systems Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 502.) 503 Mr. Swain moved the adoption of Ordinance No. 33388-051297. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. BUDGET-GENERAL SERVICES: Mr. Harris offered the following emergency ordinance adopting the annual Materials Control Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998, in the total amount of $139,552.00: (#33389-051297) AN ORDINANCE adopting the annual Materials Control Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 503.) Mr. Harris moved the adoption of Ordinance No. 33389-051297. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. BUDGET-MANAGEMENT SERVICES: Mr. Swain offered the following emergency ordinance adopting the annual Management Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998, in the total amount of $167,810.00: (#33390-051297) AN ORDINANCE adopting the annual Management Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 504.) 5O4 Mr. Swain moved the adoption of Ordinance No. 33390-051297. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ........................................................ 7. NAYS: None ...................................................................... O. BUDGET-UTILITY LINE SERVICES: Mr. Harris offered the following emergency ordinance adopting the annual Utility Line Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998, in the total amount of $3,184,901.00: (#33391.051297) AN ORDINANCE adopting the annual Utility Line Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 505.) Mr. Harris moved the adoption of Ordinance No. 33391-051297. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................... 7. NAYS: None ...................................................................... 0. BUDGET-FLEET MAINTENANCE FUND: Mr. Harris offered the following emergency ordinance adopting the annual Fleet Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998, in the total amount of $4,387,543.00: (#33392-051297) AN ORDINANCE adopting the annual Fleet Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 506.) 5O5 Mr. Harris moved the adoption of Ordinance No. 33392-051297. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. BUDGET-RISK MANAGEMENT FUND: Mr. Harris offered the following emergency ordinance adopting the annual Risk Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998, in the total amount of $6,312,156.00: (#33393-051297) AN ORDINANCE adopting the annual Risk Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 508.) Mr. Harris moved the adoption of Ordinance No. 33393-051297. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ O. BUDGET-SCHOOLS: Mr. Harris offered the following emergency ordinance adopting the annual School Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998, in the total amount of $86,540,693.00: (#33394-051297) AN ORDINANCE adopting the annual School Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 509.) 506 Mr. Harris moved the adoption of Ordinance No. 33394-051297. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................................ 6. NAYS: Vice-Mayor Wyatt- ....................................................... 1. BUDGET-GRANTS: Mr. Parrott offered the following emergency ordinance adopting a portion of the annual Grant Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998, in the amount of $685,532.00: (#33395-051297) AN ORDINANCE adopting a portion of the annual Grant Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1997 and ending June 30, 1998; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 510.) Mr. Parrott moved the adoption of Ordinance No. 33395-051297. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. BUDGET-CITY EMPLOYEES: Mr. Trout offered the following emergency ordinance adopting and establishing a Pay Plan for officers and employees of the City, effective July 1, 1997; providing for certain salary adjustments and merit increases; authorizing annual salary increments for certain officers and employees for use of private motor vehicles; authorizing annual salary increments for sworn police officers assigned to the Criminal Investigation Division; authorizing annual salary increments for certain members of the Fire Department who are certified as Emergency Medical Technicians; authorizing annual salary increments for certain members of the Fire Department who are members of the Regional Hazardous Materials Response Team; and repealing Ordinance No. 32934-051396, adopted on May 13, 1996, to the extent of any inconsistencies, effective July 1, 1997: 507 (#33396-051297) AN ORDINANCE to adopt and establish a Pay Plan for officers and employees of the City effective July 1, 1997; providing for certain salary adjustments and merit increases; authorizing annual salary increments for certain officers and employees for use of private motor vehicles; authorizing annual salary increments for sworn police officers assigned to the Criminal Investigation Division; authorizing annual salary increments for certain members of the Fire Department who are certified as Emergency Medical Technicians; authorizing annual salary increments for certain members of the Fire Department who are members of the Regional Hazardous Materials Response Team; and repealing Ordinance No. 32934-051396, adopted May 13, 1996, to the extent of any inconsistency; and providing for an emergency and an effective date. (For full text of Ordinance, see Ordinance Book No. 59, page 512.) Mr. Trout moved the adoption of Ordinance No. 33396-051297. The motion was seconded by Mr. Parrott. Mr. David K. Mays, 1885 Nemmo Road, Vinton, Virginia, advised that no Roanoke City police officer can accurately quote how much money he or she will earn next year. He called attention to a lieutenant in the Police Department who currently earns less than a sergeant, which indicates that there is something extremely wrong with the City's current pay plan. He added that there is a sergeant in the Police Department who was recently promoted to the position who is earning the same amount of money as a sergeant who has held the same position for over five years. He called attention to a police officer who has worked for the City for 10 - 12 years who is earning the same amount of money as a police officer who has been employed by the City for 17 years, therefore, there are many inequities in the City's pay plan. Upon question by Council, the City Manager advised that he was unaware of some of the statements made by Mr. Mays. He further advised that City staff tries to insure that the City's pay plan is in a form that will provide efficient information to employees regarding pay increases. He stated that the comments made by Mr. Mays are taken seriously, and he, along with the Personnel Manager, Acting Chief of Police, and Director of Public Safety will offer the individual officers alluded to by Mr. Mays every opportunity to discuss their concerns. He added that the City has employed a strong technical staff and if there are problems that need to be corrected, they will be addressed. 5O8 ACTION: Ordinance No. 33396-051297 was adopted by the following vote: AYES: Council Members White, Harris, Parrott, Trout and Mayor Bowers ............................................................................. 5. NAYS: Council Member Swain and Vice-Mayor Wyatt .............. 2. BUDGET-COUNCIL: Mr. Trout moved that the following ordinance establishing the annual salary of the Mayor for the fiscal year beginning July 1, 1997, be placed upon its first reading: (#33397) AN ORDINANCE establishing the annual salary of the Mayor for the fiscal year beginning July 1, 1997; and providing for an effective date. The motion was seconded by Mr. Swain. Ms. Regina Vassar, 1117 Floyd Avenue, S. W., advised that she is outraged over the proposed pay increases for the Mayor and Council Members, in addition to the pay increase that was received last year. She stated that the proposed raises are exorbitant at a time when businesses are closing and employees are being relocated. She advised that Council Members were not forced to take their positions, but sought the positions voluntarily. She added that the one cent reduction in the real estate tax rate is an insult to the citizens of Roanoke. Mr. David K. Mays, 1885 Nemmo Road, Vinton, Virginia, advised that he was a Roanoke City Police Officer for 12 years, he left the City earning $28,000.00 per year, and took another job where he presently earns $37,000.00, including his automobile allowance. He called attention to the dangers of the police officer profession, while earning $24,000.00 per annum, and it is an insult to give a police officer a three per cent average annual raise when Members of City Council could receive as much as a 28 per cent increase. He stated that it is unfair to give the City Manager $7,500.00 toward his Deferred Compensation Plan, while providing other City employees with $5.00 per pay period toward their Deferred Compensation Plan with the provision that they personally contribute at least $5.00 per pay period. He advised that 28 police officers have been assaulted in the City of Roanoke this year and, to his knowledge, there has never been a report of a Mayor or a Member of City Council in the City of Roanoke who has been assaulted. He stated that the City does not have a clear and concise pay plan; 509 numerous grievance complaints have been filed, and a grievance was filed recently regarding the issue of holiday pay because it is felt that all City employees should receive 11 paid holidays and rather than 88 hours. ACTION: Mr. Robert D. Gravely, 1524 Hanover Avenue, N. W., advised that City Council should have conferred with the voters of the City of Roanoke before voting itself a pay increase. Ordinance No. 33397, on its first reading, was adopted by the following vote: AYES: Council Members White, Parrott, Swain, Trout and Mayor Bowers ............................................................................. 5. NAYS: Council Member Harris and Vice-Mayor Wyatt ................ 2. BUDGET-COUNCIL: Mr. White moved that the following ordinance establishing the annual salaries of the Vice-Mayor and Council Members for the fiscal year beginning July 1, 1997, be placed upon its first reading: (#33398) AN ORDINANCE establishing the annual salaries of the Vice-Mayor and Council Members for the fiscal year beginning July 1, 1997; and providing for an effective date. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Parrott, Swain, Trout and Mayor Bowers ............................................................................. 5. NAYS: Council Member Harris and Vice-Mayor Wyatt ................ 2. BUDGET-DIRECTOR OF FINANCE-CITY CLERK-CITY ATTORNEY- CITY MANAGER-REAL ESTATE VALUATION-MUNICIPAL AUDITOR: Mr. White moved that the following 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, 1997, be placed upon its first reading: 510 ACTION: (#33399) 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, 1997; and providing for an emergency and an effective date. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members White, Parrott, Trout and Mayor Bowers .............................................................................. -4. NAYS: Council Members Harris, Swain and Vice-Mayor Wyatt--3. BUDGET-PENSIONS: Mr. Trout offered the following emergency ordinance providing for certain supplemental benefits under the City of Roanoke Pension Plan to certain members of such Plan and certain of their surviving spouses: (#33400-051297) AN ORDINANCE providing for certain supplemental benefits under the City of Roanoke Pension Plan to certain members of such Plan and certain of their surviving spouses; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 516.) Mr. Trout moved the adoption of Ordinance No. 33400-051297. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members White, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................................. 6. NAYS: Vice-Mayor Wyatt ....................................................... BUDGET-CITY EMPLOYEES-PENSIONS: Mr. Trout offered the following resolution relating to payment of a matching contribution of five dollars to the International City Management Association Retirement Corporation Deferred Compensation Plan on behalf of any nontemporary classified employee of the City who makes a contribution of five or more dollars on his or her own behalf to such Plan: 511 (#33401-051297) A RESOLUTION relating to payment of a matching contribution of five dollars to the International City Management Association Retirement Corporation Deferred Compensation Plan on behalf of any nontemporary classified employee of the City who makes a contribution of five or more dollars on his or her own behalf to such Plan. ACTION: (For full text of Resolution, see Resolution Book No. 59, page 518.) Mr. Trout moved the adoption of Resolution No. 33401-051297. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Trout and Mayor Bowers ............................................................................. 6. NAYS: Council Member Swain ................................................ 1. BUDGET-HUMAN DEVELOPMENT-HOUSING/AUTHORITY- PLANNING-GRANTS-ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that Council was briefed on recommended Community Development Block Grant (CDBG) and HOME programs, including $2,721,000.00 in new funds from the U. S. Department of-Housing and Urban Development (HUD) on April 21, 1997; a draft of the Annual Update has been prepared and made available for public review and comments for a period of 30 days, April 9, 1997 to May 8, 1997; citizen input was received and considered on January 14, 1997, March 27, 1997, and April 21, 1997; the current HUD entitlement fiscal year ends June 30, 1997; and the Annual Update must be received by HUD on May 17, 1997, in order for the City's fiscal year to begin on July 1, 1997. The City Manager recommended that he be authorized to submit an approved Annual Update to the U. S. Department of Housing and Urban Development for final review and approval, and that he be further authorized to execute the grant agreement with HUD on behalf of the City; and upon receipt of program and budget approval from HUD, a report detailing the necessary budget appropriations by program and line item, as well as contracts necessary to carry out the fiscal year 1997-98 program, will be presented to Council for approval. (For full text, see report on file in the City Clerk's Office.) 512 Mr. Trout offered the following resolution: (#33402-051297) A RESOLUTION authorizing the City Manager to submit an approved Annual Update to the HUD Consolidated Plan for FY 1997-98 to the United States Department of Housing and Urban Development (HUD) for final review and approval, and authorizing the execution of the appropriate documents for the acceptance of such funding. (For full text of Resolution, see Resolution Book No. 59, page 519.) ACTION: Mr. Trout moved the adoption of Resolution No. 33402-051297. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers .............................................................. 7. NAYS: None ........................................................................ O. There being no further business, the Mayor declared the special meeting adjourned at 7:30 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 513 REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL May 19, 1997 12:00 noon The Council of the City of Roanoke met in regular session in the Roanoke Civic Center Exhibit Hall, 710 Williamson Road, N. E., City of Roanoke, on Monday, May 19, 1997, at 12:00 noon, with Mayor David A. Bowers presiding, pursuant to Resolution No. 33377-050597, adopted May 5, 1997. PRESENT: Council Members C. Nelson Harris, Carroll E. Swain, James O. Trout, William White, Sr. (arrived at 12:05 p.m.), Linda F. Wyatt and Mayor David A. Bowers ........................................................................................... 6. ABSENT: Council Member John H. Parrott .............................................. 1. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Sandra H. Eakin, Deputy City Clerk. The invocation was delivered by Todd St. Clair, Member, Youth Services Citizen Board. CITY GOVERNMENT-YOUTH-SCHOOLS: The Mayor advised that Council was pleased to share lunch and to participate in 1997 Student Government Day activities which were coordinated by the City's Office on Youth and the Youth Services Citizen Board, with attendance by students from William Fleming High School, Patrick Henry High School, and the Noel C. Taylor Learning Academy. The Mayor recognized Mr. Thomas H. Miller, Chairperson of the Youth Services Citizen Board, and The Honorable Phillip Trompeter, Judge, Juvenile & Domestic Relations District Court, guest speaker for the program. At 12:07 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., on Monday, May 19, 1997, the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding. PRESENT: Council Members C. Nelson Harris, Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers .................. 6. ABSENT: Council Member John H. Parrott .............................................. 1. 514 OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Sandra H. Eakin, Deputy City Clerk. The reconvened meeting was opened with a prayer by The Reverend Samuel D. Belisle, Pastor, Penn Forest Church of God. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS: ACTS OF ACKNOWLEDGEMENT-CITY GOVERNMENT-YOUTH- SCHOOLS: On behalf of the Members of Council, the Mayor recognized students from Patrick Henry and William Fleming High Schools and the Noel C. Taylor Learning Academy, who were participating in 1997 Student Government Day activities, and presented each participant with an Office on Youth T-shirt as a memento of the occasion. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to two requests for Executive Session to discuss a matter with regard to the disposition of publicly held property, specifically the conditions relating to the proposed disposition; and to discuss personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in Executive Session 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.) 515 ACTION: ACTION: Mr. White moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member Parrott was absent.) COMMITTEES-HENRY STREET REVIVAL COMMITTEE: A report of the City Manager advising that public interest in the future development of Henry Street continues and seems to be increasing; one or more groups in the community are working to put together proposals for specific development; and the City Manager recommended that Council allow the City Administration to continue working with the groups in an effort to help solidify a process that could lead to concrete proposals for development, was before Council. It was explained that the Roanoke Redevelopment and Housing Authority, as the major landowner in the Henry Street area, will have a new Executive Director, John P. Baker, on May 21, 1997; and Mr. Baker will need time to become familiar with the history of the Henry Street area and to develop a recommendation on how the matter should proceed. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that Council concur in the recommendation. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member Parrott was absent.) 516 ACTION: ACTION: COMMUNITY PLANNING-GREENWAY SYSTEM-OATHS OF OFFICE-COMMITTEES: The following reports of qualification were before Council: Richard A. Rife as a member of the City Planning Commission for a term ending December 31, 2000; and Lucy R. Ellett as a member of the Roanoke Valley Greenways Commission for a term ending June 30, 2000. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mr. White moved that the reports of qualification be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member Parrott was absent.) COUNCIL-CITY PROPERTY: A report of the City Manager requesting that Council convene in Executive Session to discuss a matter with regard to the disposition of publicly held property, specifically the conditions relating to the proposed disposition, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the City Manager to convene in Executive Session to discuss a matter with regard to the disposition of publicly held property, specifically the conditions relating to the proposed disposition, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member Parrott was absent.) REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: NEIGHBORHOOD ORGANIZATIONS-LANDMARKS/HISTORIC PRESERVATION: Evelyn D. Bethel, 35 Patton Avenue, N. E., appeared before Council and presented a brochure on the Historic Gainsboro area, advising that several years ago Council approved a Community Development Block Grant which was used to fund the development of the brochure. It was explained that the brochure explains the history and background of the Gainsboro area; that a two block residential section of Gainsboro has been designated as an historic district to protect the community's character; and other sections are being considered for similar designation. Ms. Bethel expressed appreciation to the Mayor and Members of Council and members of the City staff who assisted in the development of the brochure. Without objection by Council, the Mayor advised that the remarks of Ms. Bethel would be received and filed. COMMITTEES-ECONOMIC DEVELOPMENT: J. Granger Macfarlane, Chairperson, Economic Development Commission, appeared before Council and presented an outline and slide presentation with regard to economic development activities in the City. Mr. Macfarlane explained that the following events will have a great impact on economic development in the City: (1) Advance Auto Stores will not be sold and will remain in Roanoke; (2) Maple Leaf Bakery, Inc., will be constructing a new bakery facility in the Roanoke Centre for Industry and Technology; (3) automobile and truck parts manufacturing facilities will be built in the area; (4) the Roanoke and Botetourt Communications fiber optics network is an important factor in economic development; and (5) the magnetic draw of the Smart Road between the Roanoke Valley and Montgomery County will have a positive effect. He stated that three major items the City needs to do to enhance economic development are: (1) attract smaller commuter jets to the area; (2) bring the Roanoke River Flood Reduction Project to a 517 518 ACTION: ACTION: closure by urging Congress to assist in having the river dredged, as well as other steps that need to be taken in this regard; and (3) enlarge the Roanoke Centre for Industry and Technology by providing for increases in future budget years to purchase additional land in the area of the Centre. Without objection by Council, the Mayor advised that the remarks of Mr. Macfarlane would be received and filed. At 3:05 p.m., the Mayor declared the meeting in recess. At 3:12 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member Parrott. PETITIONS AND COMMUNICATIONS: GRANTS-SCHOOLS: A communication from the Roanoke City School Board advising that as a result of official School Board action at its May 13 meeting, the School Board was requesting the close-out of 36 school grants which have been completed, with outlays for the grants totalling $10,044,058.86, was before Council. A report of the Director of Finance recommending that Council concur in the request of the School Board was before the body. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Trout moved that Council concur in the request of the School Board. The motion was seconded by Mr. Swain and adopted. BUDGET-BONDS/BOND ISSUES-GRANTS-CMERP-SCHOOLS- EQUIPMENT: A communication from the Roanoke City School Board advising that as a result of official Board action at its May 13 meeting, the School Board was requesting the following appropriations, was before Council. $5.0 million for the Woodrow Wilson Middle School renovation project, which appropriation will provide Literary Loan funds for the project. Previous funding requests totalling $421,963.00 from the 1996 Capital Bond Issue and from earnings on bond investments were made 519 to provide for design and engineering costs. The request will require a VPSA bond issue to fund the balance of the renovation cost for the schools, which bonds will be issued in the late fall of 1997 with the debt service to be shared with the City. Grant No. 6959 - State bond funds in the amount of $750,000.00 have been issued by the Virginia Department of Education for the Schools to purchase school instructional technology equipment, with 100 per cent of the program outlays to be reimbursed by State bond funds. Grant No. 6452 - $72,000.00 for the Summer Youth Employment Program to provide training and hands-on experience for disadvantaged or handicapped youth from the inner-city with the goal of enhancing employment potential, developing employment competencies, and earning academic credit toward the high school diploma, with the Program to be 100 per cent reimbursed by Federal funds. Grant No. 6931 - $13,250.00 for the Project Success Program to utilize contributions to establish a joint venture between Roanoke City Schools, area colleges, and area businesses. The Program is designed to encourage college preparation of eighth grade students who show academic promise but would be unlikely to consider advanced studies without intervention. Additional contributions have been received from the private sector to support the initiative. $175,000.00 of Federal food service and cafeteria revenues to the Schools' General Fund is requested to recognize the higher participation in the student lunch program and the resulting higher level of expenses required for food purchase. In addition, a transfer of $25,000.00 from the School Board Contingency account is requested to provide supplementary funds for food purchases. 52O ACTION: $145,820.00 from the 1996-97 Capital Maintenance and Equipment Replacement Fund will be used for roof replacement at Roanoke Academy for Math and Science. In addition, a transfer of $102,888.00 from the utility account to the roof replacement account is requested. The decrease in utility requirements is the result of savings from a milder winter and a cooler summer. $323,396.00 as the result of the settlement amount of the School Board's claim against Trigon Blue Cross for the policy years 1988-1994, which funds have been received and will be used to purchase newly adopted textbooks to implement new State Standards of Learning. In addition, a transfer of $82,315.00 from the utility account to the textbook account is requested. The decrease in utility requirements is the result of a ten per cent reduction in American Electric Power rates retroactive to July 1, 1996. A report of the Director of Finance recommending that Council concur in the request of the School Board, was before the body. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33403-051997) AN ORDINANCE to amend and reordain certain sections of the 1996-97 School, General and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 522.) Mr. Trout moved the adoption of Ordinance No. 33403-051997. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member Parrott was absent.) 521 REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: ACTION: BUDGET-PARKS AND RECREATION-COUNCIL-YOUTH- SCHOOLS: John W. Coates, Manager, Parks and Recreation/Grounds Maintenance, presented a briefing with regard to park conditions in the City of Roanoke, advising that each year the City maintains 68 parks and 750 miles of public rights-of-way, sweeps 960 lane miles of streets, cleans and reclaims 35 miles of alleys, clears 250 lots to enforce the City weed ordinance, collects and disposes of 2,500 tons of leaves, provides snow removal for the southern half of the City, provides support for over 50 City and community events, maintains over 2,000 interior plants within 13 City buildings, maintains over 20,000 trees and plants and maintains 85 flower beds and 300 hanging baskets. He presented information with regard to budget expenditures, operating costs and maintenance dollars by goal for the Parks and Grounds Division, and provided information relating to current park improvement projects, recent park improvement projects, and Washington Park improvements. (For full text, see report on file in the City Clerk's Office.) The City Manager advised that the City needs to target money in the Capital Maintenance and Equipment Replacement Program for park improvements, and acknowledged that there is still work to be done in the City's parks. Mr. White expressed appreciation to the staff for the information presented, and stated that the information shows there are positive things going on in the City's parks. He encouraged the City's management staff to keep the positive look in front of the citizens, and urged that all parks be treated with attention on an equitable basis. Without objection by Council, the Mayor advised that the briefing would be received and filed. 522 ACTION: BUDGET-PARKS AND RECREATION-COUNCIL: Council Member Trout requested information With regard to the amount of funds spent on the City's parks compared with other cities in Virginia; whereupon, the City Manager advised that a report would be presented to Council at a future date. PARKS AND RECREATION-COUNCIL-YOUTH-SCHOOLS: Vice- Mayor Wyatt pointed out that many parks are built around school buildings, and suggested that the City become more proactive about offering after-school recreation programs for children. Without objection by Council, the Mayor advised that the remarks would be referred to the City Manager. PARKS AND RECREATION-COUNCIL: Council Member Swain requested a report with regard to the scope of the City's tennis programs; whereupon, the City Manager advised that a report would be presented to Council at a future date. PARKS AND RECREATION-COUNCIL: Council Member Harris requested information with regard to the amount of funds spent annually on repairing vandalism in City parks; whereupon, the City Manager advised that a report would be presented to Council at a future date. ITEMS RECOMMENDED FOR ACTION: BUDGET-BUILDINGS/BUILDING DEPARTMENT: The City Manager submitted a written report advising that dilapidated buildings determined to be public nuisances and hazards under the Virginia Building Maintenance Code are ordered by the Building Commissioner to be demolished by the owners; the City pays for demolition if property owners cannot be compelled to comply with the orders for various reasons, including cases where the owners cannot be identified or located to be prosecuted in court or are indigent; owners of record are billed, and a lien is recorded against the property for costs of the demolition; 14 buildings have been razed by the City thus far this fiscal year, at a cost of $96,931.00 in Community Development Block Grant funds and $36,140.00 in General Funds, an average of approximately $9,500.00 each; and less than $7,000.00 remains for the balance of the fiscal year, which will be used for boarding up vacant buildings, title searches, asbestos reports, and other costs related to demolitions. 523 ACTION: It was further advised that 32 additional buildings have been condemned by the Building Department for demolition, whose owners cannot be compelled immediately to remove the buildings because they cannot be identified or located, are indigent, cannot be served with court papers, or various other reasons; 11 of the 32 buildings are considered to be the most critical by the Building Commissioner due to their hazardous conditions and are ready to be bid out; several buildings have been ordered demolished by the court, with the cost of demolition expected to total approximately $97,000.00, and are ready to be put out to bid to contractors; and another five buildings are also considered critical, but are not ready to bid out due to the need for asbestos inspections, title searches, etc. The City Manager recommended that Council authorize the transfer of $97,000.00 from City Jail Recovered Cost, Account No. 001- 024-3310-8005, to Demolition, Account No. 001-052-3410-7500; and further recommended that he be authorized to execute individual contracts for the demolition of specific buildings declared by the Building Commissioner to be public nuisances and unsafe in accordance with the Virginia Building Maintenance Code. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33404-051997) AN ORDINANCE to amend and reordain certain sections of the 1996-97 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 525.) Mr. Trout moved the adoption of Ordinance No. 33404-051997. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member Parrott was absent.) 524 ACTION: PARKS AND RECREATION-SPECIAL PERMITS-SPECIAL EVENTS-ARTS MUSEUM OF WESTERN VA.: The City Manager submitted a written report advising that the Art Museum of Western Virginia conducts an annual outdoor art show in the City; City support is required since the Art Museum's show is conducted on the streets and sidewalks in the City Market area; a one-year contract was negotiated in 1996 that covered obligations by both the Art Museum and the City, which contract has expired; the 1997 Sidewalk Art Show is scheduled to begin on Saturday, May 31, 1997, and will conclude Sunday, June 1, 1997; the proposed contract retains the City support to provide various transportation, setup and takedown functions, while being reimbursed for the direct costs of the functions; and the existence of a contract with the City will permit the Art Museum to be exempt from license tax for the Art Show activities, pursuant to Article III, Chapter 19, Code of the City of Roanoke (1979), as amended. The City Manager recommended that he be authorized to execute a contract for the 1997 Sidewalk Art Show with the Art Museum of Western Virginia, said contract to be in a form approved by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#33405-051997) A RESOLUTION authorizing the execution of an agreement with the Art Museum of Western Virginia for the annual sidewalk art show. (For full text of Resolution, see Resolution Book No. 59, page 525.) Mr. Trout moved the adoption of Resolution No. 33405-051997. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowers ................... ' ......................................................... 6. NAYS: None ........................................................................ 0. (Council Member Parrott was absent.) 525 FESTIVAL IN THE PARK: The City Manager submitted a written report with regard to an amendment to the Roanoke Festival in the Park, Inc., three-year contract; whereupon, the Mayor advised that the City Manager requested that the report be withdrawn. BUDGET-CAPITAL IMPROVEMENTS PROGRAM-WATER RESOURCES-EQUIPMENT: The City Manager submitted a written report advising that demand for new services, hydrants and water lines created by significantly greater commercial construction has exceeded budget expenditure estimates; revenue received for new services has to date exceeded the budget estimate by $46,000.00; Carvins Cove upgraded chemical equipment (pumps, valves and lines) and electronic equipment for Supervisory Control and Data Acquisition System (S.C.A.D.A.) has required a higher level of maintenance upon startup than anticipated; and electrical storms have also significantly impacted the S.C.A.D.A. System and has required costly corrections. It was further advised that March 31, 1997 Water Fund account, New Services, Hydrants and Water Lines shows an annual expenditure rate of $362,565.00 is necessary to meet operating needs against an initial annual appropriation of $267,565.00, a difference of $95,000.00; Unidentified Plant Replacement shows an annual expenditure rate of $343,328.00 is necessary to meet operating needs against an initial appropriation of $318,328.00, a difference of $25,000.00; and funds need to be appropriated in the fiscal year 1997 budget from Retained Earnings to cover over-expenditures needed through June 30, 1997, based on best available estimate of the spending rate during that period. The City Manager recommended that Council authorize the appropriation of $120,000.00 from Water Fund Previous Years Retained Earnings, $95,000.00 to Water Fund, Account No. 002-056-2178-9025, New Services, Hydrants and Lines, and $25,000.00 to Water Fund, Account No. 002-056-2178-9026, Unidentified Plant Replacement. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: 526 ACTION: (#33406-051997) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Water Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 526.) Mr. Trout moved the adoption of Ordinance No. 33406-051997. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Parrott was absent.) BUDGET-POLICE DEPARTMENT-GRANTS: The City Manager submitted a written report advising that the U. S. Department of Justice Local Law Enforcement Block Grant Program was announced in 1996 to support crime prevention programs involving cooperation between community residents and law enforcement; the Virginia Crime Prevention Association evaluated the Roanoke City Police Crime Prevention Unit in 1996 to identify areas for improvement, which study recommended that Crime Prevention be organizationally moved from the Youth Bureau to the Planning Unit to improve service delivery and citizen access to crime prevention expertise; the recommended organizational change was made in late 1996; the study also recommended that application be made for a crime prevention grant; on October 7, 1996, pursuant to Resolution No. 33143-100796, Council authorized the City Manager to execute appropriate documents for applications to the Local Block Grant Program for funds in the amount of $120,000.00, with the City providing a local match of $13,366.00; Federal funds from the grant in the amount of $120,294.00 were received by the City Treasurer and have been deposited in Revenue Account No. 035-035-1234-7232; and on February 4, 1997, the Department of Justice authorized the City of Roanoke to use the funds after review of reports concerning the special conditions of the grant. It was further advised that funds available for appropriation total $135,766.00 and should be appropriated; the $135,766.00 includes the grant amount of $120,254.00, the local match of $13,366.00, and accrued interest of $2,106.00; local match funds are available in the 527 Police Department's Federal Asset Forfeiture Account; a grant advisory board of citizens and public officials was developed, including public solicitation for participation; although the grant requirements specified representation from a number of public offices, local non-profit and community group representation on the board was expanded beyond those requirements; the grant advisory board, through a public process, developed recommendations for the use of the crime prevention funds; and crime prevention programs and enhanced ability to deal with juvenile offenders lead the list of recommended uses for the funds, which list is attached to the City Manager's report. The City Manager recommended that Council accept funds from the Local Law Enforcement Block Grant and concur in the following actions: Appropriate $135,766.00 to the following Grant Fund accounts: Expendable Equipment 035-050-3308-2035 $ 75,000.00 Training and Development 035-050-3308-2044 $ 35,766.00 Capital Outlay/ Other Equip. 035-050-3308-9015 $ 25,000.00 Increase the following Grant Fund estimates: Federal Grant Receipts Local Match Interest Revenue 035-035-1234-7232 035-035-1234-7245 035-035-1234-7238 $120,294.00 $ 13,366.00 $ 2,106.00 Total $135,766.00 Transfer $13,366.00 from the Federal Asset Forfeiture, Account No. 035-050-3304-2150 to Local Law Enforcement Block Grant, Account No. 001-004-9310-9535 as a local match. Authorize unexpended grant funds to continue to draw interest in accordance with grant requirements. (For full text, see report on file in the City Clerk's Office.) 528 ACTION: Mr. Trout offered the following emergency budget ordinance: (#33407-051997) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 527.) Mr. Trout moved the adoption of Ordinance No. 33407-051997. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ................................................................. 0. (Council Member Parrott was absent.) REPORTS OF COMMITTEES: SEWERS AND STORM DRAINS: Council Member John H. Parrott, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for the Roanoke River Interceptor Sewer Replacement, Contracts A and B, and recommended that Council approve the following actions: Authorize the City Manager to reject all bids, inasmuch as the cost of the project exceeds available funding. Instruct Black & Veatch, the City's engineering consultant, to revise the contract plans and specifications and readvertise the project as soon as possible. The project will be re-engineered to reduce project scope and cost wherever feasible. The City Manager submitted a written report concurring in the recommendation of the committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Trout offered the following resolution: 529 ACTION: (#33408-051997) A RESOLUTION rejecting all bids for the Roanoke River Interceptor Sewer Replacement Contracts A and/or B to replace part of the existing interceptor sewer from the Water Pollution Control Plant to the Salem City limits. (For full text of Resolution, see Resolution Book No. 59, page 528.) Mr. Trout moved the adoption of Resolution No. 33408-051997. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member Parrott was absent.) UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: CITY CODE-TAXES-TELEPHONE EQUIPMENT: Ordinance No. 33379 amending the Code of the City of Roanoke (1979), as amended, by enacting new §32-170.1, A_~_~licability to mobile local telecommunication service, establishing a new tax on purchasers and consumers of mobile local telecommunication service and providing for the tax rate and duties and procedures in the administration of such tax, and providing for an effective date, having previously been before the Council for its first reading on Monday, May 12, 1997, read and adopted on its first reading and laid over, was again before the body, Mr. White offering the following for its second reading and final adoption: (#33379-051997) AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by enacting new §32-170.1, Applicability to mobile local telecommunication service, establishing 530 ACTION: ACTION: a new tax on purchasers and consumers of mobile local telecommunication service and providing for the tax rate and duties and procedures in the administration of such tax, and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 59, page 520.) Mr. White moved the adoption of Ordinance No. 33379-051997. The motion was seconded by Mr. Swain. Mr. Trout stated that he believes there is a misconception about the cellular telephone tax in that some people think a cellular phone is an instrument for more effluent people who have the resources to own one; but for some people, it is an emergency instrument to own in case of the need to dial E-911; and for that reason it disturbs him to vote for the cellular telephone tax. Ordinance No. 33379-051997 was adopted by the following vote: AYES: Council Members Harris, Swain, White and Mayor Bowers ............................................................................ -4. NAYS: Council Member Trout and Vice-Mayor Wyatt .............. 2. (Council Member Parrott was absent.) BUDGET-COUNCIL: Ordinance No. 33397 establishing the annual salary of the Mayor for the fiscal year beginning July 1, 1997, having previously been before the Council for its first reading on Monday, May 12, 1997, read and adopted on its first reading and laid over, was again before the body. Mr. Trout moved that action on the ordinance be deferred until the next regular meeting of Council on Monday, June 2, 1997, at 2:00 p.m. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Swain, Trout, White and Mayor Bowers ..................................................................................... -4. NAYS: Council Member Harris and Vice-Mayor Wyatt ............. 2. (Council Member Parrott was absent.) 531 BUDGET-COUNCIL: Ordinance No. 33398 establishing the annual- salaries of the Vice-Mayor and Council Members for the fiscal year beginning July 1, 1997, having previously been before the Council for its first reading on Monday, May 12, 1997, read and adopted on its first reading and laid over, was again before the body. Mr. Trout moved that action on the ordinance be deferred until the next regular meeting of Council on Monday, June 2, 1997, at 2:00 p.m. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Swain, Trout, White and Mayor Bowers ............................. , ....................................................... -4. NAYS: Council Member Harris and Vice-Mayor Wyatt ............. 2. (Council Member Parrott was absent.) BUDGET-DIRECTOR OF FINANCE-CITY CLERK-CITY ATTORNEY- CITY MANAGER-REAL ESTATE VALUATION-MUNICIPAL AUDITOR: Ordinance No. 33399 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, 1997, having previously been before the Council for its first reading on Monday, May 12, 1997, read and adopted on its first reading and laid over, was again before the body. Mr. Trout moved that action on the ordinance be deferred until the next regular meeting of Council on Monday, June 2, 1997, at 2:00 p.m. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Swain, Trout, White and Mayor Bowers ..................................................................................... -4. NAYS: Council Member Harris and Vice-Mayor Wyatt ............. 2. (Council Member Parrott was absent.) MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: 532' COUNCIL-YOUTH-CABLE TELEVISION-SCHOOLS: Vice-Mayor Wyatt advised she had requested the school Superintendent to have the play entitled, "Things Look Different Now," which was performed by the CITY School students during Council's 12:00 noon session, video taped and televised on RVTV Channel 3. COUNCIL-CONSULTANTS REPORTS: Vice-Mayor Wyatt requested that the City Manager report to Council with regard to the number and identity of consultants hired by the City in the last year, the scope of services to be provided, and the amount paid to each consultant; whereupon, without objection by Council, the Mayor advised that the matter would be referred to the City Manager. AIRPORT-COUNCIL: Council Member Harris requested that Council be provided with a report from the Executive Director of the Roanoke Regional Airport Commission concerning airport travel statistics; whereupon, without objection by Council, the Mayor advised that the matter would be referred to the City Manager and the Executive Director of the Roanoke Regional Airport. COUNCIL-NEIGHBORHOOD ORGANIZATIONS-WRABA: Council Member Harris requested an update on what assistance the City is providing in connection with the Williamson Road Business Corridor Plan and the future of the project; whereupon, without objection by Council, the Mayor advised that the matter would be referred to the City Manager. BUDGET-TAXES-COUNCIL-COMMUNICATIONS DEPARTMENT- EMERGENCY MEDICAL SERVICES: Council Member Swain stated he has received many telephone calls concerning the pay increase issue for the Mayor and Members of Council, and during the course of these conversations, he received comments concerning a possible tax on antique cars, a limitation on the number of vehicles allowed to be kept at City residences, and the need for an additional E-911 telephone number. He requested a report on the feasibility of imposing a City tax on antique cars, the status of placing a limitation on the number of vehicles allowed to be kept at City residences, and the status of an additional E-911 telephone number for emergency calls; whereupon, without objection by Council, the Mayor advised that the matter would be referred to the City Manager. · 533 STATE HIGHWAYS-ECONOMIC DEVELOPMENT: Mayor Bowers inquired as to the status of mowing operations on 1-581; whereupon, the City Manager stated that he had been advised by the Virginia Department of Transportation that the areas would be mowed prior to the Memorial Day holiday. The Mayor inquired as to the status of the closing of the Galaxy Grocery store located on Ninth Street, S. E.; whereupon, E. Douglas Chittum, Economic Development Administrator, advised that the City's Economic Development office has been in contact with the owner of the Galaxy Grocery store and the potential exists that the store will close; that alternatives for residents in the area include shopping at the Kroger and Winn Dixie stores in Vinton, as well as the Super Save Grocery in the Garden City area; that Valley Metro bus transportation is available for residents of southeast to reach these establishments; and the City's Economic Development office has been in contact with the Presbyterian Center in southeast to discuss ways to assist residents in the area. HEARING OF CITIZENS UPON PUBLIC MATTERS: BUDGET-COUNCIL-COMPLAINTS: Mr. Tom W. Goodwin, 856 Marshall Avenue, S. W., addressed Council with regard to proposed salary increases for the Mayor, Vice-Mayor, Council and Council Appointed Officers, advising that he believes the salaries are too high and suggested that City Council learn to be more frugal; that elected officials should be more sensitive to the poor and underprivileged; and it is politically advantageous for Council to vote against raises for themselves. ACTION: Without objection by Council, the Mayor advised that the remarks of Mr. Goodwin would be received and filed. At 4:43 p.m., the Mayor left the meeting and relinquished the Chair to Vice-Mayor Wyatt. INTERNET: Mr. Chris G. Muse, 617 6th Street, S. W., addressed Council with regard to the Roanoke Valley Website, advising that he has turned over the Roanoke Valley Website to The New Century Council, a non-profit organization, and encouraged Council's funding of The New Century Council in order to keep the Website on-line. 534 ACTION: ACTION: Without objection by Council, the Vice-Mayor advised that the remarks of Mr. Muse would be received and filed. COMPLAINTS-HOTEL ROANOKE CONFERENCE CENTER: Ms. Linda C. Willis, 3440 Bennett Drive, N. W., Apartment 9, addressed Council with regard to injuries she received in an elevator while employed by The Hotel Roanoke and Conference Center, advising that The Hotel Roanoke dismissed her Workers' Compensation claim, and requested assistance from the City. Mr. White advised that he tried to assist Ms. Willis by puffing her in contact with the Social Services Department through the City Manager's Office. Vice-Mayor Wyatt advised that Council is limited in its ability to assist Ms. Willis inasmuch as Council is a governmental body and it does not own The Hotel Roanoke. The City Manager advised that the matter is a Workers' Compensation case, not a City case, and the City can work with Ms. Willis to help her receive assistance through City agencies; however, Council has no jurisdiction with regard to Workers' Compensation claims. The Reverend Charles T. Green, 1731 Hanover Avenue, N. W., advised that the NAACP is trying to assist Ms. Willis with her claim, and will continue its efforts to assist Ms. Willis. Without objection by Council, the Vice-Mayor advised that the remarks of Ms. Willis would be received and filed. COMPLAINTS-COUNCIL: Ms. Helen B. Davis, 45 Patton Avenue, N. E., addressed Council and inquired as to its policy concerning postponement of an agenda item. The City Attorney advised that as a matter of policy, items are generally carried over at the request of a Member of Council as a courtesy to that Council Member; and as a matter of law, an issue only requires four votes to be carried over. Mr. White stated that Council's policy has been consistent in that in most cases at the request of a Council Member, a matter will be set over as a courtesy to that Council Member. 535 Mr. Trout reiterated Mr. White's remarks advising that it is a policy by which Council respects and shows courtesy to one another. ACTION: Without objection by Council, the Vice-Mayor advised that the remarks of Ms. Davis would be received and filed. At 5:07 p.m., the Vice-Mayor declared the meeting in recess. At 5:40 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member Parrott. ACTION: COUNCIL: With respect to the Executive Session just concluded, Mr. Harris moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member Parrott was absent.) BUDGET-INDUSTRIES-ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that Maple Leaf Foods, Inc., is Canada's largest food processing company with sales of more than $3.0 billion and 11,000 employees; Maple Leaf Bakery, Inc., is a subsidiary of Maple Leaf Foods, Inc.; The Advance Group, Inc., a real estate consulting and development corporation organized and existing under the laws of the State of New Jersey, is representing Maple Leaf on the Roanoke project; on Monday, April 7, 1997, Council authorized the execution of a Performance Agreement for the conveyance of approximately 23.11 acres of land known as Site A1 (formerly known as Site "G") at the Roanoke Centre for Industry and Technology (RCIT) to the City of Roanoke Industrial Development Authority to sell to The Advance Group or its assigns for the purpose of constructing a new bakery facility for Maple Leaf Foods; and the Deed of Restrictions at 536 RCIT have been established to place restrictive covenants on all developments within RCIT to ensure the orderly development of the Centre, said deed is recorded in Roanoke City Deed Book 1656 at Page 869 ("The Deed of Restrictions" or "Restrictive Covenants"). It was further advised that boundary adjustments to Site A1 due to storm water issues have resulted in a net acreage of approximately 21.392 acres to be transferred, or a reduction of 1.718 acres at $15,000.00 per acre ($25,770.00); certain minor adjustments in acreage may be required before closing; therefore, an amendment to the Performance Agreement and Agreement for Purchase and Sale should be made to reflect the reduced acreage figure; The Advance Group has requested that the City grant its written consent, pursuant to Paragraph 12 of the Restrictive Covenants, to the lease of the subject property from Advance, its successors or assigns, to Maple Leaf Bakery, Inc.; The Advance Group has requested that the City waive, in writing, the restrictions contained in Paragraph 6(h) of the Restrictive Covenants ("loading areas"); the consent of owners or lessees from the City of property for terms of five years or more of more than 50 per cent of the lots or sites within the Roanoke Centre for Industry and Technology which have been sold by the City for development has been given in writing, pursuant to Paragraph 13 of the Restrictive Covenants; The Advance Group has requested that the City waive, in writing, the City's first right and option to purchase, pursuant to Paragraph 9 of the Restrictive Covenants, the property from the Industrial Development Authority at the point in time whereby the IDA will sell the property to Advance, or its assignees, and also its first right and option to purchase if the entity should sell the property to Maple Leaf Bakery, Inc., Maple Leaf USA, Inc., or CIBC, Inc. The City Manager recommended that Council concur in the following actions: Authorize the Mayor or City Manager to execute necessary amendments to the Performance Agreement changing the acreage of Site A1 from approximately 23.11 acres to approximately 21.392 acres and reducing the purchase price in accordance with the reduction in acreage. The purchase price is $15,000.00 per acre. Consent to the lease of the subject property from The Advance Group, its successors or assigns to Maple Leaf Bakery, Inc. 537 ACTION: Waive the restriction contained Paragraph 6(h) of the Deed of Restriction ("loading areas") to the extent such restriction prohibits loading docks from fronting roads or proposed roads as it relates to the construction of the Maple Leaf Bakery facility to allow for loading docks to be constructed or located fronting Blue Hills Drive. The consent of owners or lessees from the City of property for terms of five years or more of more than 50 per cent of the lots or sites within the Centre which have been sold by the City for development has been given in writing pursuant to Paragraph 13 of the Restrictive Covenants. Waive the City's first right and option to purchase the property, under Paragraph 9 of the Deed of Restrictions, from the Industrial Development Authority at the point in time whereby the IDA sells the property to Advance, or its assigns, and also its first right and option to purchase from that entity if that entity should sell the property to Maple Leaf Bakery, Inc., Maple Leaf USA, Inc., or CIBC, Inc. Authorize the Mayor or the City Manager to execute the abovedescribed waivers and consent forms and any other amendments or documents necessary to conclude the proposed conveyance to The Advance Group, or its assigns, subject to approval of the amendments or documents by the City Attorney as to form. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33409-051997) AN ORDINANCE to amend and reordain certain sections of the 1996-97 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 59, page 529.) Mr. Trout moved the adoption of Ordinance No. 33409-051997. The motion was seconded by Mr. White and adopted by the following vote: 538 ACTION: AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member Parrott was absent.) Mr. Trout offered the following resolution: (#33410-051997) A RESOLUTION authorizing the proper City officials to execute the necessary amendment to a Performance Agreement dated April 7, 1997, among the City of Roanoke, the Industrial Development Authority of the City of Roanoke, Virginia ("Authority"), and The Advance Group, Inc., or its assigns ("Advance"), to conclude the proposed conveyance to Advance of certain land designated as New Tract A1 (formerly New Tract G) located in the Roanoke Centre for Industry and Technology ("RCIT"); to provide for certain waivers and consents by the City in connection with certain Restrictive Covenants contained in the Deed of Restriction recorded in Roanoke City Deed Book 1656 at page 869 (the "Deed of Restriction"); and authorizing the proper City officials to execute any other amendments or documents necessary to conclude the proposed conveyance to Advance. (For full text of Resolution, see Resolution Book No. 59, page 530.) Mr. Trout moved the adoption of Resolution No. 33410-051997. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ...................................................................... 0. (Council Member Parrott was absent.) At 5:42 p.m., the Mayor declared the meeting in recess until 7:00 p.m. 539 On Monday, May 19, 1997, at 7:00 p.m., the Roanoke City Council reconvened in regular session in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding. PRESENT: Council Members C. Nelson Harris, Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers ......................................................................... 6. ABSENT: Council Member John H. Parrott ............................ 1. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Sandra H. Eakin, Deputy City Clerk. The reconvened meeting was opened with a prayer by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. 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, May 19, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Sue Dalton and James L. Woltz that a portion of a cul-de-sac located at the end of Woods End Lane, S. W., (formerly Forest Road), at 851 and 855 Woods End Lane, be vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, May 1, 1997, and Thursday, May 8, 1997, and in the Roanoke Tribune on Thursday, May 1, 1997. (See publisher's affidavits on file in the City Clerk's Office.) 54O A report of the City Planning Commission advising that the portion of public right-of-way as requested for closure and vacation is located at the end of Woods End Lane, S. W., which is a narrow and winding residential street that intersects and extends from Wildwood Road, S. W., and terminates in a paved but small cul-cle-sac; areas of the street right-of-way are outside the street pavement (cul-de-sac) area, which areas consist of a steep upward slope on the southerly side of the cul-de-sac, was before Council. It was further advised that the application was reviewed by the Planning Commission at its regular meeting of April 2, 1997; the applicants own all of the properties abutting the street right-of-way which is situated on steep, unusable slopes that cannot in any way serve the essential purposes of public access; and closure and vacation of the abovedescribed sections of Woods End Lane, S. W., will not restrict public access or reduce the existing pavement area within the cul-de-sac that is currently available for vehicular access and turnaround movements. The Planning Commission recommended approval of the request to close and vacate the abovedescribed sections of Woods End Lane, S. W., subject to the following conditions: The applicant shall submit to the City, receive approval thereof, and record in the Office of the Clerk of Circuit Court, a subdivision plat providing for the following: 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 the law. Retention of appropriate easements, together with the right of public passage over same for surface and subsurface installation, repair or maintenance of any and all utilities that may be located with the right-of-way. 541 ACTION: If the above-cited conditions have not been met within a period of 12 months from the date of adoption of an ordinance providing for the closure, said ordinance shall become null and void with no further action by City Council being necessary. (For full text, see report on file in the City Clerk's Office.) James L. Woltz appeared before Council in support of his request. Mr. White moved that the following ordinance be placed upon its first reading: (#33411) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 59, page 532.) The motion was seconded by Mr. Swain. The Mayor inquired if there were persons present who would like to address Council with regard to the request for closure. There being none, Ordinance No. 33411 was adopted on its first reading by the following vote: AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member Parrott was absent.) STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 19, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Andrew W. Hull that an alley located at the rear of 1506 Franklin Road, S. W., and parallel to the rear of 312 Woods Avenue, described as Official Tax Nos. 1031204 and 1031203, respectively, be vacated, discontinued and closed, the matter was before the body. 542 Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, May 1, 1997, and Thursday, May 8, 1997, and in the Roanoke Tribune on Thursday, May 1, 1997. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the alley as requested for closure, located at the rear of 1506 Franklin Road, S. W., is an undeveloped (paper) alley right-of-way, 10.0 feet wide and 49.73 feet in length; and properties abutting the subject section of alley and the owners of said properties are the applicant, Andrew W. Hull, Official Tax Nos. 1031202 and 1031204, and Nellie D. Leonard, Official Tax No. 1031203, was before Council. It was further advised that the application for closure was reviewed by the Planning Commission at its regular meeting of April 2, 1997; the alley section has remained undeveloped for many years, and the City has no current or future plans to open or utilize the alley for any purpose; and the applicant desires to use the land within the alley right-of-way as an adjunct to his yard and property. The Planning Commission recommended approval of the request to vacate, discontinue and close the abovedescribed alley, subject to the following conditions: The applicant shall submit to the City, receive approval thereof, and record in the Office of the Clerk of Circuit Court, a subdivision plat providing for the following: Combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land ithin the right-of-way to be vacated in a manner consistent with the law. Retention of appropriate easements, together with the right of public passage over same for surface and subsurface installation, repair or maintenance of any and all utilities that may be located with the right-of-way. 543 ACTION: If the above-cited conditions have not been met within a period of 12 months from the date of adoption of an ordinance providing for the closure, said ordinance shall become null and void with no further action by City Council being necessary. (For full text, see report on file in the City Clerk's Office.) Andrew W. Hull appeared before Council in support of his request. Mr. Swain moved that the following ordinance be placed upon its first reading: (#33412) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 59, page 534.) The motion was seconded by Mr. Trout. The Mayor inquired if there were persons present who would like to address Council with regard to the request for closure. There being none, Ordinance No. 33412 was adopted on its first reading by the following vote: AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ......................................... , .............................. 0. (Council Member Parrott was absent.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 19, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of The Daum Charitable Remainder Unitrust that a tract of land located at 1928 Maiden Lane, S. W., described as a portion of Lots 1 - 3, inclusive, Block 4, Keystone Place, Official Tax No. 1331205, be rezoned from RM-2, Residential Multi-family, Medium Density District, to C-1, Office District, the matter was before the body. 544 ACTION: Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, May 1, 1997, and Thursday, May 8, 1997, and in the Roanoke Tribune on Thursday, May 1, 1997. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the purpose of the rezoning is to permit the existing residence to be used for an office commercial use due to various environmental and business conditions affecting the property, was before Council. The Planning Commission recommended approval of the request for rezoning, and advised that inasmuch as the subject property is directly adjacent to and affected by businesses on Grandin Road, the proposed rezoning to C-1, Office District, will enable the property to be used for residential, as well as Iow intensity commercial uses, that can be complimentary to the business district and the neighborhood; and that parking requirements for a commercial user would have to be met on the property. (For full text, see report on file in the City Clerk's Office.) Conrad H. Daum appeared before Council in support of his request. Mr. Trout moved that the following ordinance be placed upon its first reading: (#33413) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 133, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. (For full text of Ordinance, see Ordinance Book No. 59, page 536.) The motion was seconded by Mr. Swain. The Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 33413 was adopted on its first reading by the following vote: 545 AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowers ............................................................................. 6. NAYS: None ........................................................................ 0. (Council Member Parrott was absent.) STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 19, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the Rescue Mission of Roanoke, Inc. that an alley beginning at Dale Avenue, S. E., located at the northeast corner of Official Tax No. 4012628 and the northwest corner of Official Tax No. 4012605, continuing south and ending at the southeast corner of Official Tax No. 4012604 and the southwest corner of Official Tax No. 4012605, be vacated, discontinued and closed, the matter was before the body. The Mayor advised that the request was withdrawn by the petitioner, pursuant to a communication from E. Elizabeth Downs, Attorney. OTHER HEARING OF CITIZENS: None. There being no further business, the Mayor declared the meeting adjourned at 7:10 p.m. ATTEST: Sandra Iq. £akin Deputy City Clerk APPROVED David A. Bowers Mayor 546 PERSONNEL COMMITTEE ............ ROANOKE CITY COUNCIL May 31, 1997 10:00 a.m. A meeting of the Roanoke City Council Personnel Committee, composed of the Members of Roanoke City Council, was called to order on Saturday, May 31, 1997, at 10:00 a.m., in the City Council's Conference Room, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Chairman and Mayor David A. Bowers presiding. PRESENT: Council Members C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt (entered the meeting during Executive Session) and Mayor David A. Bowers ..................................... 7. ABSENT: None ..................................................................................... 0. OFFICERS PRESENT: Sandra H. Eakin, Deputy City Clerk. The Mayor stated that the meeting was called for a special purpose and that there would be no discussion with regard to the salaries of the Mayor and Members of Roanoke City Council. CITY EMPLOYEES-CITY MANAGER-CITY ATTORNEY-CITY CLERK-MUNICIPAL AUDITOR-DIRECTOR OF FINANCE-REAL ESTATE VALUATION: Mr. White moved that the City Council Personnel Committee meet in Executive Session to discuss a personnel matter, specifically being the discussion of the performance and evaluation of each of the six Council Appointed Officers and the salaries of each such officer, pursuant to Section 2.1-344(A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White and Mayor Bowers ............................................................................................... 6. NAYS: None ....................................................................................... 0. (Vice-Mayor Wyatt had not entered the meeting.) At 10:06 a.m., the Mayor declared the meeting in recess. At 11:28 a.m., the meeting reconvened in the City Council's Conference Room, with Mayor Bowers presiding and all Members of the City Council Personnel Committee in attendance. DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011-1594 Telephone: (540) 981-2444 Fax: (540) 853-1145 August 18, 1997 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: I wish to request an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. Sincerely, Mayor DAB:sm WILBURN C. DIBLING, JR. CITY ATTORNEY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-2431 FACSIMILE: 540-853-1221 E-MAIL:cityatty @ci.roanoke.va.us RECEIVED CITY CLERKS OFFICE ~ ~. PARSONSTALEVI GLADYS L. YATES GARY E. TEGENKAMP ASSISTANT CITY ATI'ORNEYS August 18, 1997 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for Executive Session Dear Mayor Bowers and Members of Council: This is to request that Council convene in Executive Session to discuss a specific legal matter requiring the provision of legal advice by counsel, specifically the terms and conditions of the settlement of a lawsuit, pursuant to Section 2.1-344.A.7, Code of Virginia (1950), as amended. WCDj/SJT:snh CC: With kindest personal regards, I am Sincerely yours, lng, Jr. City Attorney W. Robert Herbert, City Manager Mary F. Parker, City Clerk H:\CC\L-EX-BLU.2 Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk August20,1997 File #262-383 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report with regard to the status of a request of Valley Beautiful for development of guidelines which would foster adequate cellular telephone coverage with the least impact on the surrounding area, was before the Council of the City of Roanoke at a regular meeting held on Monday, August 18, 1997. On motion, duly seconded and adopted, the report was received and filed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm H:~AGENDA.97~,UG.18 W. Robert Herbert City Manager August 20, 1997 Page 2 pc: Gilbert E. Butler, Jr., Chair, City Planning Commission, 3406 Exeter Street, S. VV. Roanoke, Virginia 24014 Lynn M. Davis, President, Valley Beautiful, P. O. Box 11672, Roanoke, Virginia 24022 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director, Public Works John R. Marlles, Chief, Planning and Community Development Kit B. Kiser, Director, Utilities and Operations H:~AGENDA. 97~,UG,18 RECEIVED CITY CLERKS OFFICe,"' '97 Al J6 11 P 1:26 Roanoke, Virginia August 18, 1997 No. 97-172 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: Communication from Valley Beautiful On November 26, 1996, Lynn M. Davis, President, Valley Beautiful, by way of the attached correspondence requested the four Valley governments to set up a task force of citizens, industry representatives, and government agency representatives to develop guidelines which would foster adequate cellular coverage with the least impact on the surrounding area. This matter was referred to the City's Department of Planning and Community Development for consideration. This correspondence is intended to brief Council members on what action has been taken to date on this request. Last year, President Clinton signed the Telecommunications Act of 1996. This legislation restructured and deregulated most aspects of our nation's communications industry. One of the issues facing local governments in Virginia and around the nation is how to address the tremendous growth of cellular and personal communications service technologies. Communication providers are anxious to build networks which will require the construction of new cellular antennas and towers throughout the region. The City of Roanoke and other Valley governments must play a leadership role in defining land use, zoning and service policies to ensure that community needs are considered and protected. The City has responded to this need by developing a policy to authorize providers to place antenna on existing City facilities such as water tanks. The policy, which was adopted by City Council on February 3, 1997, only regulates the placement of antennas on City property. Representatives from the City Planning Commission and Planning staff are also participating on a regional task force calling itself the Wireless Facilities Committee, whose objective is to develop a uniform regional policy to guide the siting of new cellular towers which can be adopted by all of the participating local governments. The Wireless Facilities Committee first met in February, 1997, and is currently assessing the tower location needs of a number of the major service providers. Members of Council Page 2 August 18, 1997 Should we need to make any zoning changes, appropriate recommendations will be forwarded to Council from the Planning Commission. In the interim, if you have any questions or need any additional information, please call John Marlles, Chief of Planning and Community Development, at 853-2356. Respectfully submitted, W. Robert Herbert City Manager WRH:JRM:mpf cc: Gilbert E. Butler, Jr., Chairman, Roanoke City Planning Commission Mary F Parker, City Clerk James D. Ritchie, Assistant City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities and Operations John R. Marlles, Chief of Planning and Community Development Lynn M. Davis, President, Valley Beautiful, P. O. Box 11672, Roanoke, 24022 ~72~-904~ November 26, 1996 The Honorable David A. Bowers 216 Church Avenue, SW Roanoke, Virginm 24011 The Honorable Carl E. Tarpley Po~t Office Box 869 Salem, V'~ginia 24153-0869 The Honorable Chades R. Hill 311 South pollard. Street Post ~ Box 338 Vinton, Virginia 24179 Bob L. Johnson, Chairman Roanoke County Board of SupenAsors Post Office Box 29800 Roanoke, Vkginia 24018 Dear Mayor Bowers, Mayor Terpley. Mayor i-lili and Chairman Johnson: As you may know, Valley Beautiful consists of a group of volunteers who have joined forces to help make em Roanoke Valley a more attractive place in which to live and work. With this objective in mind, the organization has over the years planted trees, shrubs and flowers in an effort to enlrance the beauty of our community. Additionally, we have attempted to address problems whic~ could result in a negative visual impact on our sunoundings. Such a problem facing our Vale/is lfle possible pror~foraUon of towers for wireless telephone services and other communication device~ on or near our mountain tops. Of course, we realize the need for trinse communication services, but we also see Ihe necessity for immediate action to protect the scenic vistas of our mountains. Wqth this in mind, the Board of Valley Beautiful passed a unanimo~ resolution at its meeting on November 20, t996 to request that the four V~ley governments take action 1o set up a ta~k force of citizens, industry representatives, and coverage with ~ least visible impact on the surrounding area. It is our hope that our governments can come up with a joint plan. In closing, we thank you for your attention to this, and urge you to respond to this request as quickly as possible. ~ ~C 0 '/ Sincerely. President st Enclosure p.s. Enclosecl is a brief article about how Fairfax County is addressing this problem. Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk August 20, 1997 File 27-66-237 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report with regard to concerns expressed by Ms. Patsy P. Stroop, 3748 Chesterton Street, S. W., regarding flooding and drainage problems in her neighborhood, was before the Council of the City of Roanoke at a regular meeting held on Monday, August 18, 1997. On motion, duly seconded and adopted, the report was received and filed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm H:~AGENDA.97~AUG.18 W. Robert Herbert City Manager August 20, 1997 Page 2 pc: Ms. Patsy P. Stroop, 3748 Chesterton Street, S. W., Roanoke, Virginia 24018 Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Dolores C. Daniels, Assistant to the City Manager for Community Relations H:~AGENDA,9'~AUG,18 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: RECE st~s.t' 18, 1997 CITY CLEI~~, tbS..port No. 97-173 12 All :51 ADDITIONAL INFORMATION REPORT - 3748 CHESTERTON STREET This matter came before City Council at the June 2, 1997 and June 18, 1997 meetings. This report provides more detailed information in response to specific requests by the property owner at the above address. Sanitary sewer overflows - When will the main be enlarged? Can constricted section be relocated into unpopulated area? A short section of the sanitary sewer upstream of this area was replaced with a 12-inch pipe in 1988. This was a requirement placed on an upstream development to provide additional sewer capacity for increased flows. The upstream improvements ended at the manhole located at 3748 Chesterton Street due to previous models indicating adequate normal weather capacity from this point downstream. Similar to other sanitary sewer lines throughout the City, this line has adequate capacity for normal flows, but overflows during heavy rains due to the inflow and infiltration of rain water. Consulting Engineer, Mattern & Craig, Inc., has studied this line and determined that the existing terra cotta pipe in this area does allow infiltration of rain water, which can double the flow in this pipe during heavy rains. A project to replace 4,550 linear feet of existing 8", 10", and 12" terra cotta pipe with 8", 10", and 1 2" ductile iron pipe, from this manhole to Mudlick Creek, has been proposed at an estimated cost of $337,600. At this time, projects to reduce overflows are prioritized based on overflow volumes, and the volume at this location is lower than that at other known locations in the City. The City has had an ongoing construction program to reduce overflows, and has completed projects in the Murray Run, Peters Creek, Lick Run and Garden City sewersheds. The current focus of efforts to reduce overflows is on the Peters Creek sewershed, the Tinker Creek Interceptor, and the Roanoke River Interceptor, which ultimately receives all upstream flows. Until these projects are completed, corrections in the smaller sewersheds will tend to merely move the overflow problems downstream. Upon completion of these major facility expansion projects, corrections in the smaller sewersheds will be scheduled as funding permits. Neighbor's fence - If the fence remains, can the bottom be raised to allow runoff to pass under fence? The six foot privacy fence which has recently been installed by the downstream neighbor is located within the floodplain but not within the floodway. Therefore, there are no City Ordinance Regulations which would require this fence to be removed or adjusted. It is very possible that this fence is blocking the natural flow of runoff in this area and H:\USER\ENGGJR\COUNCIL\CHESTERT Honorable Mayor and Members of City Council ADDITIONAL INFORMATION REPORT - 3748 CHESTERTON STREET August 4, 1997 Page 2 therefore increasing the depth of flooding to upstream properties; however, since this is not a matter which is regulated by the City, it would remain a private issue between property owners. Driveway culverts - What is the cost to enlarge the culverts in this area? To pass a lO-year storm in this area would require a 10' x 4' concrete box culvert. Most of the drives in this area are 15' to 20' wide. The cost to install a 10' x 4' box culvert, 15 feet in length, with headwalls and driveway replacement, would be approximately $19,000 to $25,000 each. There are four undersized drive culverts downstream of 3748 Chesterton Street. Status of Roanoke Valley Regional Stormwater Study? The Regional Study, which includes Roanoke County, Roanoke City, Salem, and Vinton, is complete, and the final draft report has been received. Smaller watersheds such as Murdock Creek (which flows along Chesterton Street) were not included in this regional study; therefore, no additional analysis or recommendations will be received from the Regional Study for this area. A preliminary study of this watershed has been performed by the City's Engineering Department. The recommendations of this study are to increase the size of this channel and the drive culverts to pass a 1 O-year storm. This project is currently shown in the CIP as Murdock Creek Phase 3 with an estimated cost of $643,000. Feasibility of City purchasing the property at 3748 Chesterton Street for a stormwater detention area? First, in response to the question of purchasing this home, it is important for Council to recognize that this home is not unique. There are many homes currently located in floodplain areas throughout the City which experience flooding. The Regional Study has identified about 740 buildings throughout the City of Roanoke which are currently located in floodplains. This number does not include the Roanoke River or the smaller watersheds which were not included in the study. The Regional Study recognized three categories of flooded structures and made the following recommendations: Greater than 8 foot depth - Purchase or relocate Less than 8 foot but greater than 3 foot depth - Elevate, purchase or relocate Less than 3 foot depth - Dry floodproof or elevate The home at 3748 Chesterton Street has less than 3 foot of depth from a lO0-year flood, and based on the above guidelines, would fall into category 3. Therefore, this H:\USER\ENGGJ R\COUNCIL\CHESTERT Honorable Mayor and Members of City Council ADDITIONAL INFORMATION REPORT - 3748 CHESTERTON STREET August 4, 1997 Page 3 home would not qualify for purchase or relocation, but would be a good candidate for dry floodproofing or elevating. The City does not currently have a program to address floodproofing or purchase/relocation on a citywide basis. Based on the significant number of buildings currently located in the floodplain citywide (approximately 1,000), it would be prudent to prioritize any City assistance based on the frequency and severity of flooding damages before we would begin such a program. We would also want to pursue FEMA grants such as the one currently being used in the Garden City area. Presently, FEMA grants are primarily limited to post-disaster (after flooding) events, and would not be available for homes such as these on Chesterton Street, which have not received substantial flooding damages following a "Presidential Declared Disaster." Secondly, the land gained by the purchase of this single home would not provide enough stormwater storage volume to significantly reduce downstream flooding. This is primarily due to depth limitations (cannot go any deeper than the existing creek or you have standing water) and the significant volume which flows into this area. Feasibility of floodproofing the crawl space? The construction of this home (crawl space w/o basement) and the shallow flooding depths, make it a good candidate for floodproofing or elevating. The City's Building Department can provide assistance in explaining floodproofing techniques and selection of a qualified contractor to assist the homeowner if they choose to pursue this option. This is an informational report, and no Council action is required. Respectfully submitted, W. Robert Herbert City Manager WRH/jgr City Attorney City Clerk Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Mrs. Patsy Stroop, 3748 Chesterton Street, S.W. H:\USER\ENGGJR\COUNCIL\CHESTERT MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 20, 1997 File #15-110-304 Thomas H. Miller, Chair Youth Services Citizen Board 3429 Windsor Road, S. W. Roanoke, Virginia 24018 Dear Mr. Miller: This is to advise you that on August 6, 1997, Elvah D. Taylor qualified as a member of the Youth Services Citizen Board for a term ending May 31,2000. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Marion Vaughn-Howard, Youth Planner Sandra H. Eakin, Deputy City Clerk H:~AGENDA.97~UG.I 8 RECEIVED CITY CLERKS OFFICC Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Elvah D. Taylor, 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 Youth Services Citizen Board for a term ending May 31, 2000, according to the best of my ability. So help me God. Subscribed and sworn to before me this ~ day of~x~,~ 997. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK H:~AGENDA.97~JUNE.2 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 20, 1997 File #15-110-200-326 J. Lee E. Osborne, Chair Fifth Planning District Commission 5152 Falcon Ridge Road, S. W. Roanoke, Virginia 24014 Dear Mr. Osborne: This is to advise you that on July 31, 1997, David C. Anderson qualified as a City representative to the Fifth Planning District Commission for a term ending June 30, 2000. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Wayne G. Strickland, Secretary, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Sandra H. Eakin, Deputy City Clerk H:~AGENDA.g7~AUG.18 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, David C. Anderson, do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon m~ ~s a city representative to the Fifth Planning District Commission for a term ending June 30, 2000, according to the best of my ability. So help me God. Subscribed and sworn to before me this ~t/ day of ~ 1997. ARTHUR B. CRUSH, III, CLERK H:~AGENDA.9'AJULY.21 WILBURN C. DIBLING, JR. CITY ATEORN EY CITY OF ROANOKE OFFICE OF CITY ATTORII4~'~ gL EP, K$ 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, swna7 ROANO~, VIRGINIA 24011-1 ~5 TELEPHONE: 5~853-2431 FACSIMILE: 5~-853-1221 E.MAIL:cityaUy ~ci.ro~o~.va.us WILLIAM X PARSONS STEVEN J. TALEVI GLADYS L. YATES GARY E. TEGENKAMP ASSISTANT CITY ATTORNEYS August 18, 1997 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for Executive Session Dear Mayor Bowers and Members of Council: This is to request that Council convene in Executive Session to discuss and consider a specific legal matter requiring the provision of legal advice by counsel, that is the performance of a specific public contract, pursuant to Section 2.1-344.A.~ Code of Virginia (1950), as amended. With kindest personal regards, I am Sincerely yours, City Attorney WCD/lsc cc: W. Robert Herbert, City Manager Mary F. Parker, City Clerk Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk August 20, 1997 File ~67-304 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report with regard to a joint effort of the Roanoke City and Roanoke County Parks and Recreation Departments to develop a skatepark facility which would be centrally located and accessible to youth throughout the Roanoke Valley, was before the Council of the City of Roanoke at a regular meeting held on Monday, August 18, 1997. On motion, duly seconded and adopted, the report was received and filed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm H:~AGENDA.97~AUG.18 W. Robert Herbert City Manager August 20, 1997 Page 2 pc: Elmer C. Hodge, County Administrator, County of Roanoke, P. O. Box 29800, Roanoke, Virginia 24018-0798 Pete S. Haislip, Director, County of Roanoke, Parks and Recreation, 1206 Kessler Mill Road, Salem, Virginia 24153 William F. Clark, Director, Public Works John W. Coates, Manager, Parks and Recreation/Grounds Maintenance H:~AGENDA.97~UG.I 8 ' ~ RECEIVEO ~KS OFF'CI Office of the City Manager August 18, 1997 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: I am writing to inform you of an initiative currently underway between the Roanoke City and Roanoke County Parks and Recreation Departments. You may be aware of the current citizen interest in finding a suitable location for young people to skateboard. As a result of many hours of research and discussion, these two departments have offered to consider the feasibility of jointly developing a facility which would be centrally located and accessible to youth throughout the valley. I have been advised that other localities have recently developed skateparks which provide an informal atmosphere conducive to skater's needs. Knowing that many youth come into the city to skate, there is a belief that it is possible to meet the needs of these young people through this cooperative arrangement. I am encouraged by the initiative taken by the Parks and Recreation Departments and look forward to sharing the results of their conclusions with you in the near future. On a broader note, I will be providing a strategy on moving forward on our community-wide needs assessment of Parks and Recreation. City Council has included several million dollars for Parks and Recreation in our November 1997 bond referendum. A citizens committee will be organized to insure citizen involvement. General Parks and Recreation needs as well as special projects such as skateboarding and strategies to address needs at Victory Stadium will be the focus of the citizen participation process. This is for your information only and requires no action. Sincerely, W. Robert Herbert City Manager WRH/dh CC: Mary F. Parker, City Clerk William F. Clark, Director of Public Works John W. Coates, Manager, Parks and Recreation Room 364 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 981-2333 FAX (540) 224-3138 CITY OF ROANOKE INTERDEPARTMENT COMMUNICATION DATE: July 23, 1997 TO: Mary F. Parker, City Clerk FROM: Donald S. Caldwell, Commonwealth's Attorney SUBJECT: Request for inclusion in Council Meeting scheduled for August 18, 1997 Please schedule approximately 10 minutes of time during the August 18, 1997 Council Meeting. At that time, I would like to bring Council up to date on the activity and continued success of the Cost Collection Unit. If you have any questions or scheduling problems with this request, please contact me or Rita Mason in this office. Otherwise, I will look forward to seeing you on August 18th. Thank you. SUMMARY OF COST COLLECTION EFFORT FOR FISCAL YEAR 1996 - 1997 Total Delinquent Collections State % of Total Delinquent Collections Local % of Total Delinquent Collections Local 410 Circuit Court Revenue on which no Collection Fee is recevied GENERAL DISTRICT 348,834.84 280,208.52 80.33% 68,626.32 19.67% N/A JUVENILE CIRCUIT & DOMESTIC COURT COURT 86,960.43 8,494.38 73,067.14 7,820.63 84.02% 92.07% 10,408.96 673.75 11.97% 7.93% 3484.33 N/A 4.01% TOTALS FOR ALL 444,289.65 361,096.29 81.27% 79,709.03 17.94% 3,484.33 0.78% 35% from State 35% from City 35% to Cost Collections from Total Delinquent Collections BUDGET EXPENDITURES EXCESS REVENUE SPLIT 50150 WITH STATE COLLECTION FEE BREAKDOWN 95,435.24 23,317.64 2,016.50 120,769.37 23,373.19 3,318.91 173.72 26,865.82 118,808.43 26,636.55 2,190.22 147,635.19 48,579.78 10,891.46 895.56 60,366.80 70,228.65 15,745.09 1,294.66 87,268.39 35,114.33 7,872.54 647.33 43,634.20 LOCAL YEAR-END TOTAL LOCAL COLLECTIONS MINUS 35% COLLECTION FEE PLUS SPLIT TOTAL REVENUE TO LOCALITY RESULTS FOR ROANOKE CITY 68,626.32 10,408.96 673.75 79,709.03 23,373.19 3.318.91 173.72 26,865.82 45,253.13 7,090.05 500.03 52,843.2'1 35,114.33 7,872.54 647.33 43,634.20 80,367.46 14,962.59 1,147.36 96.477.4'1 FOUR-YEAR COMPARISON OF DELINQUENT COLLECTIONS in ROANOKE CITY GENERAL DISTRICT COURT Total Delinquent Collections State % of Total Delinquent Collections Local % of Total Delinquent Collections FISCAL YEAR FISCAL YEAR FISCAL YEAR 1993-94 1994-95 1995-96 127,977.29 217,228.50 284,062.83 101,816.34 164,951.91 226,033.12 79.56% 75.93% 79.57% 26,160.95 52,276.59 58,029.71 20.44% 24.07% 20.43% FISCAL YEAR 1996-97 348,834.83 280,208.52 80.33% 68,626.31 19.67% 35% from State 35% from City 35% to Cost Collections from Total Delinquent Collections BUDGET EXPENDITURES EXCESS REVENUE SPLIT 50~50 WITH STATE COLLECTION FEE BREAKDOWN 0.00 53,256.99 79,130.27 95,435.24 0.00 17,149.33 20,315.19 23,373.19 0.00 70,406.32 99,445.46 118,808.43 0.00 51,291.86 55,760.87 48,579.78 0.00 19,114.46 43,684.59 70,228.65 0.00 9,557.23 21,842.30 35,114.33 LOCAL YEAR-END TOTAL COLLECTIONS MINUS 35% COLLECTION FEE PLUS SPLIT TOTAL REVENUE TO LOCALITY RESULTS FOR ROANOKE CITY 26,160.95 51,412.37 58,029.71 68,626.32 0.00 17,149.33 20,315.19 23,373.19 26,160.95 34,263.04 37,714.52 45,253.13 0.00 9,557.23 21,842.30 35,114.33 26,160.95 43,820.27 59,556.82 80,367.45 IGeneral Distdct Court 4-Year Comparison! State and Local Fines & Costs 1994-95 1995-95 1996-97 CCP I CCP II CCP III l= Total m TOtal TimelY payments r-~ Total Collected, 1993-94 1994-95 1995-96 1996-97 Total Paid 1,827,898 2,290,398 2,714,449 2,610,296 Total Timely Payments 1,699,921 2,073,169 2,430,006 2,261,461 Total Referred 534,118 799,488 684,619 571,371 Total Collected 127,977 (24%) 217,229 (27%) 284,443 (42%) 348,835 (61%) OVERVIEW OF GENERAL DISTRICT COURT REVENUE STREAM FISCAL YEAR 1993-94 1994-95 1995-96 TIMELY PAYMENTS 1,699,920.63 2,073,169.06 2,430,006.20 DELINQUENT REFERRED 534,118.07 799,487.54 684,618.94 DELINQUENT COLLECTIONS 127,977.29 217,228.50 284,443.23 % OF DELINQUENT REFERRED 23.96% 27.17% 41.55% 61.05% TOTAL REVENUE 1,827,897.92 2,290,397.56 2,714,449.43 2,610,295.79 1996-97 2,261,460.96 571,370.84 348,834.83 FOUR-YEAR COMPARISON OF DELINQUENT COLLECTIONS in ROANOKE CITY GENERAL DISTRICT COURT Total Delinquent Collections State % of Total Delinquent Collections Local % of Total Delinquent Collections 35% to Cost Collections 35% from State 35% from City FISCAL YEAR FISCAL YEAR 127,977.29 217,228.50 101,816.34 164,951.91 79.56% 75.93% 26,160.95 52,276.59 20.44% 24.07% 0.00 70,406.32 0.00 53,462.86 0.00 16,943.46 Increase in Total Delinquent Collections from 1994 to 1997 Percent of increase Increase in Total Delinquent Collections from 1995 to 1997 Percent of increase Increase in Total Delinquent Collections from 1996 to 1997 Percent of increase FISCAL YEAR 284,062.83 226,033.12 79.57% 58,029.71 20.43% 99,445.46 79,130.27 20,315.19 220,857.55 172.58% 131,606.34 60.58% 64,772.01 22.80% FISCAL YEAR 348,834.84 280,208.52 80.33% 68,626.32 19.67% 118,808.43 95,435.24 23,373.19 Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk August 20, 1997 File #76-133-236 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33545-081897 authorizing acceptance of funds for the Drug Prosecutor's Office by the Compensation Board of the Commonwealth of Virginia, for the period July 1, 1997 through June 30, 1998, in the amount of $83,411.00, and authorizing acceptance, execution and filing of all appropriate documents to obtain such funds. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 18, 1997. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Attachment H:~AGENDA.OT~AUG.18 W. Robert Herbert City Manager August 20, 1997 Page 2 pc: Bruce W. Haynes, Executive Secretary, Compensation Board, Commonwealth of Virginia, P. O. Box 710, Richmond, Virginia 23218-0710 The Honorable Donald S. Caldwell, Commonwealth's Attorney Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Diane S. Akers, Budget Administrator, Office of Management and Budget Frank E. Baratta, Grants Compliance Monitor H:~AGENDA.gT~AUG.16 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINI& The 18th day of August, 1997. No. 33545-081897. A RESOLUTION authorizing the acceptance of funding for the drug prosecutor's office by the Compensation Board of the Commonwealth of Virginia and authorizing the acceptance, execution and filing of all appropriate documents to obtain such funds. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the funding for the drug prosecutor's office in the total amount of$83,411.00 from the Compensation Board of the Commonwealth of Virginia for the period of July 1, 1997, through June 30, 1998. 2. W. Robert Herbert, City Manager, or his successor in office is hereby authorized to accept, execute and file on behalf of the City of Roanoke any and all appropriate documents required to obtain such funding. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of the foregoing funding or with such project. ATTEST: City Clerk. Mary F. Parker, CMCIAAE c~y C~rk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk August 20, 1997 File ft60-76-133 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33544-081897 amending and reordaining certain sections of the 1997-98 Grant Fund Appropriations, providing for appropriation of $83,411.00 for Regional Drug Prosecutor positions through the Compensation Board of the Commonwealth of Virginia. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 18, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment H:~,GENDA.gT~,~UG.18 James D. Grisso Director of Finance August 20, 1997 Page 2 pc: The Honorable Donald $. Caldwell, Commonwealth's Attorney W. Robert Herbert, City Manager .- Diane S. Akers, Budget Administrator, Office of Management and Budget Frank E. Baratta, Grants Compliance Monitor H:~AGENDA.g7~AUG.18 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of August, 1997. No. 33544-081897. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: AD~3ro~Jriations Judicial Administration $ 644,480 Regional Drug Prosecutor FY98 (1-10) ........................ 83,411 Revenue Judicial Administration Regional Drug Prosecutor FY98 (11) .......................... $ 644,480 83,411 1) Regular Employee Salaries 2) ICMA RC Retirement 3) FICA 4) Telephone 5) Administrative Supplies 6) Publications and Subscriptions 7) Dues and Memberships 8) Printing 9) Postage 10) Other Rental 11) Compensation Board Funds (035-026-5130-1002) (035-026-5130-1115) (035-026-5130-1120) (035-026-5130-2020) (035-026-5130-2030) (035-026-5130-2040) (035-026-5130-2042) (035-026-5130-2075) (035-026-5130-2160) (035-026-5130-3075) (035-035-1234-7259) $ 65,119 2,131 4,869 65O 3,748 250 265 100 104 6,175 83,411 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Aug,/st 18, 1997 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Subject: Acceptance of Funding for Drug Prosecutor Positions Dear Mayor Bowers and Members of City Council: I. Background A. Federal funding was made available to the State of Virginia to be used for the development of several Multi- Jurisdictional Special Drug Prosecutors statewide. The positions were developed to coordinate prosecutorial efforts among independent jurisdictions, reduce fractional and duplicate prosecutions, enhance the recovery of criminal assets, utilize federal, state and local resources to assure maximum prosecutorial effectiveness and to provide specialized prosecutorial resources to the regional drug enforcement effort. In addition, the Regional Drug Prosecutor has been cross-designated as an Assistant U. S. Attorney. The cross- designation will permit a state prosecutor to make use of the Federal Grand Jury. B. The Commonwealth,s Attorneys of Craig County, Franklin County, Roanoke County, and the Cities of Roanoke and Salem applied on October 9, 1987, to the Commonwealth,s Attorneys, Services Council, the State agency responsible for the administration of the grant money to fund a Multi- Jurisdictional Special Drug Prosecutor. C. City Council accepted the Multi-Jurisdictional Special Drug Prosecutor Grant in April, 1988, and a full-time Special Drug Prosecutor was hired in July, 1988. Mayor David A. Bowers Members of City Council Page Two August 18, 1997 II. Current Situation A. April 15, 1994 - The Commonwealth,s Attorneys, Services Council notified this office that legislation approved by the General Assembly allowed funds for Drug Prosecutor positions to be transferred from the Department of Criminal Justice Services and the Cor~onwealth,s Attorneys, Services Council to the Compensation Board. As a result, the Drug Prosecutor positions that serve Craig County, Franklin County, Roanoke County, Roanoke City, and Salem City will be funded through the offices of the Commonwealth,s Attorneys in the host localities effective July 1, 1994. These positions will be funded separately from the positions in the Commonwealth,s Attorney,s Office, with their own cost code, budget, and monthly payroll and expense report. B. April 30, 1997 - The Compensation Board approved funds for the Drug Prosecutor's Office for the period July 1, 1997, through June 30, 1998, in the following amounts: $65,119.00 for staff salaries; and $11,292.00 for office expenses, for a total of $76,411.00. In addition, the Compensation Board will reimburse the City of Roanoke for fringe benefits which should be approximately $7,000.00. III. Issues A. Prosecutorial Efforts aqainst Drug Traffickinq. B. Cost. IV. Alternatives A. Concur in the acceptanc~ of funding for the Drug Prosecutor positions through the Compensation Board in the amount of $83,411.00. Mayor David A. Bowers Members of City Council Page Three August 18, 1997 1. Prosecutorial Efforts against Druq Trafficking would be enhanced because of centralization and 6oordination of efforts and specialized expertise. 2. The entire cost will be fully funded by the Compensation Board. B. City Council not accept the funding for the Drug Prosecutor positions through the Compensation Board. 1. Prosecutorial Efforts aqainst Druq Trafficking will not be approached as a regional concept. 2. Cost would remain the same but the advantage of State funding support for a worthy project would not be realized. Vo Recommendation A. City Council concur in Alternative "A" and allow for the acceptance of and continued participation in funding for the Drug Prosecutor positions through the Compensation Board in the amount of $83,411.00. B. Authorize the City Manager to sign and execute all appropriate documents to obtain funding for the Drug Prosecutor positions through the Compensation Board. C. Budget fundinq in the amount of $83,411.00 to be received from the Compensation Board in a revenue account to be established by the Director of Finance. Appropriate funding in the amount of $83,411.00 to the following accounts: Mayor David A. Bowers Members of City Council Page Four August 18, 1997 Account 035-026-5130-1002 035-026-5130-1115 035-026-5130-1120 Regular Salaries ICMA-RC Retirement FICA Amount $65,119.00 2,131.00 4,86q.00 035-026-5130-2020 035-026-5130-2030 035-026-5130-2040 035-026-5130-2042 035-026-5130-2075 035-026-5130-2160 035-026-5130-3075 Total DSC/msh cc: City Manager City Attorney Director of Finance Telephone Administrative Supp. Public. & Subscr. Dues & Membership Printing Postage Other Rental 650 00 3,748 00 250 00 265 00 100 00 104 00 6,175 00 $83,411 00 Donald S. Caldwell Commonwealth' s Attorney Director of Administration & Public Safety RECEIVED CITY CLERKS OFFICE '97 /~LIG 11 P4:26 Roanoke, Virginia August 18, 1997 97-607 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council Subject: Acceptance of Funding for the Regional Drug Prosecutor I concur with the recommendation from the Commonwealth's Attorney with respect to the subject referenced above and recommend that City Council accept funding in connection with the Regional Drug Prosecutor. Respectfully submitted, W. Robert Herbert City Manager CC.' Assistant City Manager Budget Administrator City Attorney City Clerk Director of Finance Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk August 20, 1997 File #5-60-133-236-472 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33546-081897 amending and reordaining certain sections of the 1997-98 Grant Fund Appropriations, providing for appropriation of $12,524.00 in connection with continuation of a grant account to receive cash assets forfeited to the Office of the Roanoke City Commonwealth's Attorney under provisions of the Virginia Asset Forfeiture statute. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 18, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment H:~AGENDA.97~AUG.18 James D. Grisso Dire~orofFinance August20,1997 Page 2 pc: The Honorable Donald S. Caldwell, Commonwealth's Attorney W. Robert Herbert, City Manager Diane S. Akers, Budget Administrator, Office of Management and Budget Frank E. Baratta, Grants Compliance Monitor H:~,GENDA. gT~AUG.18 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of August, 1997. No. 33546-081897. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Judicial Administration Forfeited Criminal Assets (1-6) ................................ Revenue Judicial Administration Forfeited Criminal Assets (7) .................................. $ 657,004 70,015 $ 657,004 70,015 1 ) Administrative Supplies (035-026-5140-2030) $ 3,524 2) Expendable Equipment <1,000 (035-026-5140-2035) 1,500 3) Training and Development (035-026-5140-2044) 1,500 4) Other Rental (035-026-5140-3075) 2,000 5) CIS-PC Rent/ Maintenance (035-026-5140-7007) 2,000 6) Furniture and Equipment >1,000 (035-026-5140-9005) 2,000 7) Forfeited Criminal Assets (035-035-1234-7107) 12,524 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia August 18, 1997 The Honorable David A. Bowers, Mayor and Members of City Council Subject: Cash Assets Forfeited to the Roanoke City Commonwealth Attorney's Office Dear Members of Council: I. Backrog_~gD_D_~: ao In an effort to better fund law enforcement efforts to fight crime, particularly drug crime, in 1986, the Federal government adopted a system of asset forfeiture whereby forfeited assets, under certain conditions, could be returned to local law enforcement agencies, police and prosecutors, for use in their fight against crime. In July, 1991, Virginia asset forfeiture statute, which generally is patterned after the Federal statute, took effect providing that forfeited criminal assets may be returned to local police and prosecutors for use in the fight against crime. Co Periodically, assets seized as evidence are ordered forfeited by the local courts to the police or the Office of the Commonwealth,s Attorney to be used for criminal law enforcement efforts. Do In August, 1991, a grant fund account for cash assets forfeited to the Office of the Commonwealth,s Attorney was established with an appropriation of $25,000. II. Current Situation: A° Since August, 1991, the Office of the Cor~Lonwealth,s Attorney has expended the $25,000 originally appropriated. Mayor and Members of City Council Subject: Cash Assets Forfeited to the Roanoke City Commonwealth Attorney,s Office August 18, 1997 Page Two Bo Co Revenues collected through July 15, 1997, for this grant are $70,015 and were deposited in account 035- 035-1234-7107. Current revenue estimate is $57,491. Funding received in excess of the estimated revenue totals $12,524 and needs to be appropriated. In order to facilitate receipt and distribution of these funds, as well as protect the public's confidence through systematic accounting, City Council action is requested to authorize the Department of Finance to continue the grant fund accounts through which the Commonwealth may deposit and disperse funds. III. Issues: A. Need IV. B. Funds Availability Alternatives: ao Bo City Council concur in the request to continue th~ grant fund accounts for cash assets forfeited to the Office of the Roanoke City Commonwealth,s Attorney. 1. Need exists to provide additional funds and equipment to enhance criminal investigations. 2. Funds availability will be controlled by effectiveness of investigations through assets seized and forfeited in joint investigations with federal, state and local agencies. City Council reject the request to continue the gran[. fund accounts. Mayor and Members of City Council Subject: Cash Assets Forfeited to the Roanoke City Commonwealth Attorney,s Office August 18, 1997 Page Three Vo Need for supplemental funds enabling increased effectiveness of investigation and prosecution will not be met. o Funds will not be received from the sources enumerated. Recommendation is that Council approve alternative "A" to continue the grant fund accounts for receipt of cash assets forfeited to the Office of the Commonwealth,s Attorney under the provisions of the Virginia Asset Forfeiture statue and take the following actions: ao Appropriate 12,524 to the following grant fund accounts: 1 Administrative Supplies 035-026-5140-2030 $3,524 2 Expendable Equipment (<$500) 035-026-5140-2035 1,500 3 Training & Development 035-026-5140-2044 1,500 4 Other Rental 035-026-5140-3075 2,000 5 CIS-Prsnl Cmptr Rent/Maint 035-026-5140-7007 2,000 6 Expendable Equipment >$500 035-026-5140-9005 2,000 Total $12,524 Bo Increase the revenue estimate for these grant funds for $12,524. City Attorney Director of Finance Donald S. Caldwell Commonwealth, s Attorney Director of Administration & Public Safety RECEIVED CITY CLERKS OFFICE '9'/ /~U6 12 P 3:05 Roanoke, Virginia August 18, 1997 97-608 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council Subject: Cash Assets Forfeited to the Roanoke City Office of the Commonwealth's Attorney I concur with the recommendation from the Commonwealth's Attorney with respect to the subject referenced above and recommend that City Council appropriate funding in connection with forfeited cash assets. Respectfully submitted, W. Robert Herbert City Manager Assistant City Manager - Budget Administrator City Attorney City Clerk Director of Finance MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 20, 1997 File #53-207-221 Harwell M. Darby, Jr., Attorney Glenn, Feldmann, Darby and Goodlatte P. O. Box 2887 Roanoke, Virginia 24001 Dear Mr. Darby: I am enclosing copy of Resolution No. 33547-081897 authorizing, among other things, issuance of not to exceed $80,000,000.00 aggregate principal amount of two series of the Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Carilion Health System Obligated Group) Series 1997A and Series 1997B, to the extent required by Se~ion 147 of the Internal Revenue Code of 1986, as amended. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 18, 1997. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. H:L~,G ENDA.9'/~AUG. 18 Harwell M. Darby, Jr., Attorney Glenn, Feldmann, Darby and Goodlatte August 20, 1997 Page 2 pc: Lynn D. Avis, Chair, Industrial Development Authority of the City of Roanoke, Virginia, 3848 Bosworth Drive, S. W., Roanoke, Virginia 24014 Margaret R. Baker, Secretary, Industrial Development Authority of the City of Roanoke, Virginia, 2140 Windsor Avenue, S. W., Roanoke, Virginia 24015 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Diane S. Akers, Budget Administrator, Office of Management and Budget H:~,GENDA.97~UG.18 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th Day of August, 1997 No. 33547-081897. A Resolution of the City Council of the City of Roanoke, Virginia authorizing, among other things, the issuance of not to exceed $80,000,000 aggregate principal amount~of two series of the Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Carilion Health System Obligated Group) Series 1997A and Series 1997B, to the extent required by Section 147 of the Internal Revenue Code of 1986, as amended. WHEREAS, the City of Roanoke, Virginia (the "City") is a political subdivision of the Commonwealth of Virginia exercising public and essential governmental functions pursuant to the Constitution and laws of the Commonwealth of Virginia; and WHEREAS, the Industrial Development Authority of the City of Roanoke, Virginia (the "Roanoke Authority") is a political subdivision of the Commonwealth of Virginia and is authorized under Chapter 33, Title 15.1, Code of Virginia of 1950, as amended (the "Act"), to issue revenue bonds for the purpose of facilitating the financing or refinancing of certain projects required or useful for health care purposes; and WHEREAS, Carilion Medical Center ("CMC") is a private, ncnstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates health care facilities located in the City of Roanoke, Virginia; and WHEREAS, Giles Memorial Hospital, Incorporated ("GM/4") is a private nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in the Town of Pearisburg, Giles County, Virginia; and WHEREAS, The Radford Community Hospital, Incorporated ("RCH") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which will own and operate a health care facility located in Montgomery County, Virginia; and WHEREAS, Bedford County Memorial Hospital, Incorporated ("BCMH") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in the City of Bedford, Virginia; and WHEREAS, Franklin Memorial Hospital ("FMC") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in the Town of Rocky Mount, Franklin County, Virginia; and W/4EREAS, the Roanoke Authority has by resolution adopted June 27, 1997 (the "Roanoke Authority Inducement Resolution") evidenced its desire to issue two series of its revenue bonds for the following purposes: (I) (a) financing for CMC in the approximate amount of $20,000,000 a portion of the costs of (i) (A) renovating certain portions of Carilion Roanoke Memorial Hospital, an approximately 1,054,155 square foot health care facility, and/or (B) acquiring certain capital equipment for use in or in connection with Carilion Roanoke Memorial Hospital (the "Carilion Roanoke Memorial Hospital Project"), and (ii) (A) renovating certain portions of Carillon Roanoke Community Hospital, an approximately 412,921 square foot health care facility, and/or (B) acquiring certain capital equipment for use in or in connection with Carillon Roanoke Community Hospital (the "Carillon Roanoke Community Hospital Project"), (b) financing for GMH in the approximate amount of $2,000,000 a portion of the costs of (i) renovating certain portions of Carilion Giles Memorial Hospital, an approximately 75,668 square foot health care facility, and/or (ii) acquiring certain capital equipment for use in or in connection with Carilion Giles Memorial Hospital (the "Carillon Giles Memorial Hospital Project"), (c) financing for BCMH in the approximate amount of $2,000,000 a portion of the costs of (i) renovating certain portions of Carilion Bedford Memorial Hospital, an approximately 117,546 square foot health care facility, and/or (ii) acquiring certain capital equipment for use in or in connection with Carillon Bedford Memorial Hospital (the "Carilion Bedford Memorial Hospital Project"), (d) financing for RCH in the approximate amount of $54,000,000 a portion of the costs of design, planning, site preparation, construction and equipment acquisition relating to the building and equipping of an approximately 23~,370 square foot, two-to five-story replacement hospital facility containing 97 beds and related parking and other ancillary facilities to be located in Montgomery County, Virginia (the "RCH Project"), and (e) financing for FM~ in the approximate amount of $2,000,000 a portion of the costs of (i) renovating certain portions of Carilion Franklin Memorial Hospital, an approximately 61,270 square foot health care facility, and/or (ii) acquiring certain capital equipment for use in or in connection with Carilion Franklin Memorial Hospital (the "Carilion Franklin Memorial Hospital Project") (the Carilion Roanoke Memorial Hospital Project, the Carilion Roanoke Community Hospital Project, the Carilion Giles Memorial Hospital Project, the Carilion Bedford Memorial Hospital Project, the RCH Project and the Carilion Franklin Memorial Hospital Project are hereinafter collectively referred to as the "Project"); (II) paying a portion of the 174357.1 2 interest accruing on such revenue bonds during the acquisition, construction, renovation and equipping of the Project; and (III) paying certain expenses incurred in connection with the issuance of such revenue bonds, including certain fees of the provider of a liquidity facility for each series of such revenue bonds; and W/qEREAS, CMC owns and operates Carilion Roanoke Memorial Hospital and the location of the Carilion Roanoke Memorial Hospital Project is Jefferson Street and Belleview Avenue, S.E., Roanoke, Virginia; CMC also owns and operates Carilion Roanoke Community Hospital and the location of the Carilion Roanoke Community Hospital Project is 101 Elm Avenue, S.E., Roanoke, Virginia; BCMH owns and operates Carilion Bedford Memorial Hospital and the location of the Carilion Bedford Memorial Hospital Project is 1613 Oakwood Street, Bedford, Virginia; GMH owns and operates Carilion Giles Memorial Hospital and the location of the Carilion Giles Memorial Hospital Project is 1 Taylor Avenue, Pearisburg, Virginia; and FMH owns and operates Carillon Franklin Memorial Hospital and the location of the Carillon Franklin Memorial Hospital Project is 124 Floyd Avenue, Rocky Mount, Franklin County, Virginia. The RCH Project will be owned and operated by RCH and the anticipated location of the RCH Project is 2900 Tyler Road (the Intersection of Route 177 and Interstate 81) in Montgomery County, Virginia; and W~EREAS, the Roanoke Authority has by resolution adopted July 30, 1997 (the "Roanoke Authority Resolution") authorized the issuance of two series of the Industrial. Development Authority of tke City of Roanoke, Virginia Hospital Revenue Bonds (Carilion Health System Obligated Group), Series 1997A and Series 1997B i%he "Bonds") in an aggregate principal amount not to exceed $@0,000,000 for the purpose of (i) financing a portion of the costs of the Project, (iii) paying a portion of the interest accruing on the Bonds during the acquisition, construction, renovation and equipping of the Project and (iii) paying certain expenses incurred in connection with the authorization and issuance of the Bonds; and W~EREAS, the City Council of the City of Roanoke, Virginia (the "Roanoke City Council") must first approve the issuance of the Bonds before the Roanoke Authority can proceed with the financing; and WHEREAS, the Roanoke Authority has delivered or caused to be delivered to the Roanoke City Council the following: (i) a reasonably detailed summary of the comments expressed at the public hearing held by the Roanoke Authority in connection with the issuance of the Bonds, (ii) a fiscal impact statement concerning the Project and the Bonds in the form specified in Section 15.1-1378.2 of the Act, and (iii) a copy of the Roanoke Authority Resolution, which constitutes the recommendation of the Roanoke Authority that the Roanoke City Council approve the financing of the Project and the issuance of the Bonds; and WHEREAS, the Roanoke City Council has determined that it is necessary at this time to approve the issuance by the Roanoke Authority of not to exceed $80,000,000 aggregate principal amount of the Bonds to promote the improvement of health and living conditions of the people of the City of Roanoke and the Commonwealth of Virginia, increase opportunit!i$ for gainful employment, improve health care and otherwise =id in improving the prosperity and welfare of said City and Commonwealth and its inhabitants by improving the hospital facilities of CMC, BCMH, RCH, GMH and FY/4, respectively; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Roanoke, Virginia: SECTION 1. The Roanoke City Council hereby authorizes the issuance by the Roanoke Authority of two series of the Industrial Deve!cpment Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Carilion Health System Obligated Group), Series !997A and Series 1997B in an aggregate principal amount not to exceed $80,000,000 (the "Bonds") for the purpose of (i) financing a ~crtlon of the costs of the Project, (ii) paying a portion of the interest accruing on the Bonds during the acquisition, construction, renovation and equippin9 of the Project and (iii) navin? certain expenses incurred in connection with the authorization and issuance of the Bonds. SECTION 2. The Mayor or Vice Mayor and the Clerk or any ie~usy Clerk to the Roanoke City Council are hereby authorized and directed, on behalf of the City, to take any and all action necessary, including the execution cf any documents, to consummate the sale of the Bonds in conformity with the urovisions of this resolution. SECTION 3. The approval of the issuance of the Bonds, as required by Section 147(f) of the Internal Revenue Code of 1986, as amended, and the Act, does not constitute an endorsement to any prospective purchaser of the Bonds or the creditworthiness cf CMC, BCMH, RCH, GMH or FMC, and, as required by the Act, the Bonds shall provide that neither the Commonwealth of Virginia, the City nor the Roanoke Authority shall be obligated to pay the principal or purchase price of, the redemption premium, if any, cr the interest on the Bonds or other costs incident thereto except from the revenues and funds pledged therefor and neither tke faith or credit nor the taxing power of the Commonwealth of Virginia, the City nor the Roanoke Authority shall be pledged thereto. SECTION 4. This Resolution shall take effect immediately upon its passage. ATTEST: City Clerk 174357 1 5 gOO FIRST CAMPBELL SQUARE POST OFFICE BOX g887. ( 540 ) ~4- 8000 FAX (540) ~-8050 HA~W~LL M. D/u, ua¥, JR. Direct Dial (540) 224-8006 E-mail hdarby@gfdg.com August 20, 1997 Mary F. Parker, City Clerk Roanoke City Council 215 Church Avenue, S.W: Municipal Building, Room 456 Roanoke, Virginia 24011 Re: $80,000,000 Industrial Development Authority of the City of Roanoke Carilion Health System Hospital Revenue Bonds, Series 1997 A & B Dear Mary: We are submitting the enclosed as a follow up on a question from one of the City Council members in connection with the referenced bond issue. Very truly yours, Harwell M. Darby, Jr. HMDJR:lkr:0042099 Enclosure cc: Wilburn C. Dibling, Esq. (w/enc.) From: Rob Tonldnson To: Sam Darby Misc. Council- 08/22/97 Date: 8/20197 'l~me: 11:01:24 AM Page 2 of 2 August20,1997 (540)981-8094 Harwell M. Darby Dear Sam: At the City Council meeting on Monday, Councilman Swain asked for some information about the number of people Carillon employs at its two Roanoke hospitals--Carilion Roanoke Memorial Hospital and Carilion Roanoke Community. Hospital. This information was not included on the fiscal impact statement because we felt those statements should be completed using information related solely to this project. Because this proje~'t is for routine capital expenditures and does not involve the expansion of services that will result in additional employees, we felt that listing no impact in these areas was appropriate. Carilion Health System is the largest employer in Roanoke. Through Roanoke Memorial, we employ 2,189 people representin8 2,045 in full-time equivalent positions at an average salary of $31,200. Through Community Hospital, we employ 1,842 individuals representing 1,446 full- time equivalent positions at an average salary of $29,182. Please pass this information on to Councilman Swain and the other members ofcouafil. Thank you. Sincerely, Robert E. Tonkinson, Jr. Vi~ President GLENN, FELDM,,,A,N/~}I.~C~c GOOI)I~ATTE POST OFFICE BOX 2887 (540) 2~4-8000 FAX ( 540 ) 224- 8050 HARWELL M. DAP, BY, JR. Direct Dial (540) 224-8006 E-mail hdarby@gfdg.com August 11, 1997 Mary F. Parker, City Clerk Roanoke City Council 215 Church Avenue, S.W. Municipal Building, Room 456 Roanoke, Virginia 24011 Re: $80,000,000 Industrial Development Authority of the City of Roanoke Carilion Health System Hospital Revenue Bonds, Series 1997 A & B Dear Mary: This letter replaces the letter delivered to you on August 6, 1997, which inadvertently referenced an incorrect bond amount of $75,000,000. Please note that the correct amount is $80,000,000. Also, there was an error in Section 3 of the Resolution; therefore, we have enclosed a corrected Resolution for use at the Council meeting. If any additional information is required, please contact our office. Cordially yours, Harwell M. Darby, Jr. HMDJR: lkr:0042099 Enclosures cc: Wilburn C. Dibling, Esq. FELDMA -C (~ GO GLENN, . l~~~l~; E ODLATTE POST OFFICE BOX ~887 ( ~4o ) 224- 8000 FAX (540) HARWELL M. DARBY, JR. Direct Dial (540) 224-8006 E-mail hdarby@gfdg.c0m August 6, 1997 HAND DELIVERED MaD' F. Parker, City Clerk Roanoke City Council 215 Church Avenue, S.W. Municipal Building, Room 456 Roanoke, Virginia 24011 Re: $80,000,000 Industrial Development Authority of the City of Roanoke Carilion Health System Hospital Revenue Bonds, Series 1997 A & B Dear Mary: I am delivering with this letter a Certificate of Public Hearing from the Industrial Development Authority of the City of Roanoke, Virginia, with a copy of the Certificate of Publication and a fiscal impact statement as to the portion of the transaction in your jurisdiction. Also enclosed is a form of Resolution which we would appreciate being placed on the agenda for consideration by the City Council at its meeting on August 18, 1997. For your information, no one from the general public appeared at the public hearing. Cordially yours, H arw~ell M.~brby, Jr. HMDJR: lkr:0042099 Enclosures cc: Wilburn C. Dibling, Esq. (w/enc.) REPORT OF PUBLIC HEARING City of Roanoke RECEIVED CITY CLERKS OFFICE '97 -6 P3:23 A public hearing was conducted by the Industrial Development Authority of the City of Roanoke, Virginia (the "Authority") at 9:30 a.m. on' July 30, 1997 on the application of Carilion Medical Center, Giles Memorial Hospital, Incorporated, The Radford Community Hospital, Incorporated, Bedford County Memorial Hospital, Incorporated and Franklin Memorial Hospital, (collectively, the "Carilion Health System Obligated Group") requesting the Authority to issue up to $80,000,000 of its revenue bonds (the "Bonds") to assist Carilion Health System Obligated Group in (i) financing a portion of the costs of certain renovation, capital equipment acquisition, and other improvements to certain hospital facilities described in the Notice of Public Heating, a copy of which is attached hereto as Exhibit A (the "Project"); (ii) paying a portion of the interest accruing on the Bonds during the acquisition, construction, renovation and equipping of the Project; and (iii) paying certain expenses incurred in connection with the authorization and issuance of the Bonds. Notice of such hearing was published on July 16, 1997 and July 25, 1997 in The Roanoke Times. The Project locations are contained in the attached Notice of Public Hearing. The public hearing was held in the Conference Room, Second Floor, Roanoke Regional Chamber of Commerce, 212 South Jefferson Street, Roanoke, Virginia 24011. At the meeting those persons interested in the issuance of the Bonds or the location and nature of the Project were given the opportunity to present their views. The public comments, if any, received at the meeting are summarized in Exhibit B attached hereto. After such hearing, the Authority voted to recommend the approval of the Bonds to the City Council of the City of Roanoke, Virginia (the "Council"). Accordingly, the Authority hereby recommends to the Council that it approve the issuance of the Bonds, as required by Section 147(0 of the Internal Revenue Code of 1986. Also attached as Exhibit C is a fiscal impact statement as to the Project. Dated July ~), 1997. 2 · ROANOK:F_, TIMES . Ad Number: r-/'., C,, q q '7ff5L Publisher's Fee: $ ~'7'?, ~d STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- porationwh:''~' ,-,, , ,,.,, corporation ;" . ............ of The Roanoke Times, a daily m.',,,,spaper published in Roanoke, in the St~Le of Virginia, do certify that the anr?-'~ed notice was published in said newspapers on the following dates: /, Witness, this ~ ~ day of ~,.¢....~ , ! Authorized Signature , .L..:ssifie OF ROANOKE, VIRGINIA REGARDING THE FINANCING OF HEALTH CARE FACILITIES WTFH THE PROCEEDS OF THE ISSU- ANCE OF TAX-EXEMPT BONDS. NOTICE IS HEREBY GIVEN to all interested persons that the Indus~al Development Author- Ity of the City of Roanoke, Vet- g~nia (U~e 'Aumorlty') wai hold a puMl¢ hearing in th~ Co~fer- enca ~Room,'.2nd Floor, R~anoke Regional Chamber of C~mmerCa: 212 South Jeffer., so~ St.t~et, Roanoke, V~rg]nia'. on July 30, 1997 at 9:30 a.m., ~t which time any pemon may[ be beard regarding the healthI · cma facfllues' projects 'pro-I posed to be financed ~ Authom'y with proceeds from. the I~suanoe of tax-exempt bo~ds. -- The Authortt~f has been requested to Issue two series of Its ~evenue bonds (the 'Bomls') in an agg~gate prin- cipal amount not to e~ceed '80,000,000 for the p~ of (l) (a) financing for Cani/ion Mead:al Comer ('CMC-) In me approximate amount * of '20,0OO,0OO a po~on of the costs of (I) (A) renovat~g c~- rain portions of Carillon Roanoke Memorial Hosoctal, an approximately 1,054,155 square foot health cam ancVo~ (B) acquiring certain capital equipme~qt for us~ tn connection with Carillon' Roanoke Memoflal Hospital (~ 'Carillon Roanoke Memo-',, ~ HoWl Project~. and (A) r~mc~-a~lng ~ pom~s I Hospital. an apprezimate!lv[y 4/.2.-q21 s4uare foot hearth'. cam faciU~, ancVor (9) acqui~- ~ ;m:m~amd CCd~H-) '2.CN~'~I~ · ~xCl(m of the ma~ -'~d5~8 square foot acqumT~ c'ef~in cap,al e~uiF- meat for use In Or In connec. bott with Canllon G[les Memo- hal Hospital (the 'Canlio~ Memorial Carillon Giles memoAal Hospital (the 'C.anl- ion Giles Memorial Hos~atal P~oJect-], (c) financing for Bed- ford County Memodal Hoso~tal. Incorpor'ated ("'BCMH-] In the eogro=tmate amount of ~2,000,000 a. potion of costs of (I} renov~ cm'~ain port~ons of ~ C~illoll Memorial Hospital. eri~ imately 117.546 ~ healU1 cate faclll~, ami'or (ii) ecqulnn~ certain capital ~uio- meat for use In or In Connec. tlon with Carilion Mem~la~ Hosoital (~he ion Bedford Mamodat Project-], (dl financing f~r The Raoford Commurfity Hob,tel, Incorporated ('RCH-] In the approxlmata amount of ~ent aCClUiS~ofl t~letmg o ~ buil(31ng and equiDoinl[ en l=proximately 238,370 f,~t~l~ feet. t~Q-to M-story reMeeemM~ hospital I'acili~ con~inl.~ ,~7 I~cls and r~lated paling and other en¢illaq faci~le~' to ba located in Mont- [eme~/ Count/, Vk~'nta (the 'RCH Project'), and (al pRM ("FMH') In the ~ of the co~ of II) reno. Io~ Franldln Memod, al Hosplt' an approximately 61,2; square foot health cam facile' and/or (11) acquiring carte capital equipment fo~ usa in in r..o(~ec~on ~ the Canh. Franldtn Memorial Hospital (t' 'Carillon Franklin Memor Hospital PToject') (the Canlr Proj~cL the caniion Roanc Community Hospital Proje the Carillon Giles Memo~ Hospital Project, t~e Canli Bedford Memorial P~oject. the RCH Proiect the Canlion ~rankiin Memc4 Hospital P~oject are hereinaf' collecth, ety referred to as 'Project']; (ti) paying a porL of ~e Interest accruin[ on Bo~ds during the acqui~ti: edui~ping of the Project; (I]1) pa)4ng certain mg certain fees of the prow. of a liquidity facil~ty for series of Ule Bond~. CMC ow~s and operates Cc and ~e location of d~e Can~ Roanoke Memorial Proiect is Jetferso~ Street . Belleview Avenue, Roanoke, Vir~ma; CMC a Roanoke Commumty Ho~ and the Ioca~¢~ of the Can: Rc, anoka Communit7 Project is 101 E]m Ave~ $.F-, Roanoke, Vir~ma; Beof~'d Memorial t~e I(x:af, Jon of the Car, Bedford Memorial Hose Project is [613 Oak~ S~'eet. Beoford, VlrUnia; C Ta~ Ave~.~. Pea~s~urg. g~nia: and F~"-~ ~ and ~licn Fr~'t..~n Mem. c~ai Proje~ will be o~me~ an~ ata~ ' by RCH an:/ Project is 2900 1')1er Rcac Intersect~cn of Rou~e :.77 Intecstate 8~) in Man,or count. Vir~nia. Any persons W~s~ing tO c meat in writing on the issu~ of t,he Bonds sJlould do sc ~ =afore Ju;7 30, ~997 at a.m. to Margaret R. C;W of Roanoke, ~r~ma. 2~ S~ Jeffer~n R~ke. ~n,a ~4011. S~re~ ~a~f , (5997~) Exhibit B to Report of Public Heating (City of Roanoke) The following public comments were received: None (Broken down for individual facility) Applicant: FISCAL hMPACT STATEMENT Carilion Medical Center 1997 Facility: Acute care hospital located at (1) Jeff'erson Street and Belleview..Avenue, S.E., in the City of Roanoke, V'trginia, (2) 101 Elm Avenue, S.E., in the City of Roanoke, Virginia Maximum amount of financing sought Estimated taxable value of the facility's real property to be constructed in the municipality $ 20,000,000 Estimated real property tax per year using present tax rate Estimated personal property tax per year using present tax rate Estimated merchants' capital tax per year using present tax rates Estimated dollar value per year of goods and services that will be purchased locally $ 11.000,000 o Estimated number of regular employees on year round basis o Average annual salary per employee $ N/A Industrial Development Authority of the City of Roanoke, Virginia City Council of the City of Roanoke, Virginia (13) Certificate as to the Resolution I, Mary F. Parker, DO HEREBY CERTIFY that: 1. I am the Clerk of the City Council (the "City Council") of the City of Roanoke, Virginia. 2. Attached hereto is a true and correct copy of a certain resolution duly adopted at a regular meeting of the City Council duly called and held on August 18, 1997. 3. At the aforementioned meeting a quorum was present and acting at all times. 4. Such resolution is in full force and effect, has not been in any respect modified, revoked or rescinded, and reflects all action taken by the City Council in connection with the issuance of the Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Carilion Health System Obligated Group), Series 1997A and Series 1997B. WITNESS my hand and the official Seal of the City of Roanoke, Virginia this 9th day of September, 1997. Clerk to the City Council of the City of Roanoke, Virginia [Seal] 174383.2 IN T~E COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th Day of August, 1997 No. 33547-081897. A Resolution of the City Council of the City of Roanoke, Virginia authorizing, among other things, the issuance of not to exceed $80,000,000 aggregate principal amount-Df two series of the Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Carillon Health System Obligated Group) Series 1997A and Series 1997B, to the extent required by Section 147 of the Internal Revenue Code of 1986, as amended. W~EREAS, the City of Roanoke, Virginia (the "City") is a political subdivision of the Commonwealth of Virginia exercising 'public and essential governmental functions pursuant to the Constitution and laws of the Commonwealth of Virginia; and W~EREAS, the Industrial Development Authority of the City of Roanoke, Virginia (the "Roanoke Authority") is a political subdivision of the Commonwealth of Virginia and is authorized under Chapter 33, Title 15.1, Code of Virginia of 1950, as amended (the "Act"), to issue revenue bonds for the purpose of facilitating the financing or refinancing of certain projects required or useful for health care purposes; and W}{EREAS, Carilion Medical Center ("CMC") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates health care facilities located in the City of Roanoke, Virginia; and WHEREAS, Giles Memorial Hospital, Incorporated ("GM}{") is a private nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in the Town of Pearisburg, Giles County, Virginia; and W~EREAS, The Radford Community Hospital, Incorporated ("RCH") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which will own and operate a health care facility located in Montgomery County, Virginia; and WHEREAS, Bedford County Memorial Hospital, Incorporated ("BCM]{") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in the City of Bedford, Virginia; and ~743~7 I W/qEREAS, Franklin Memorial Hospital ("FMIq") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in =he Town of Rocky Moun~, Franklin County, Virginia; and WIqEREAS, the Roanoke Authority has by resolution adopted June 27, 1997 (the "Roanoke Authority Inducemen~ Resolution") evidenced its desire to issue two series of its revenue bonds for the following purposes: (I) (a) financing for CMC in the approximate amount of $20,000,000 a portion of the costs of (i) (A) renovating certain portions of Carilion Roanoke Memorial Hospital, an approximately 1,054,155 square foot health care facllity, and/or (B) acquiring certain capital equipment for use in or in connection with Carillon Roanoke Memorial Hospital (the "Carilion Roanoke Memorial Hospital Project"), and (ii) (A) renovating certain portions of Carillon Roanoke Community Hospital, an approximately 412,921 square foot health care facility, and/or (B) acquiring certain capital equipment for use in or in connection with Carillon Roanoke Community Hospital (the "Carillon Roanoke Community Hospital Project"), (b) financing for GMH in the approximate amount of $2,000,000 a portion of the costs of (i) renovating certain portions of Carillon Giles Memorial Hospital, an approximately 75,668 square foot health care facility, and/or (ii) acquiring certain capital equipment for use in or in connection with Carillon Giles Memorial Hospital (the "Carilion Giles Memorial Hospital Project"), (c) financing for BCMH in the approximate amount of $2,000,000 a portion of the costs of (i) renovating certain portions of Carillon Bedford Memorial Hospital, an approximately 117,546 square foot health care facility, and/or (ii) acquiring certain capital equipment for use in or in connection with Carllion Bedford Memorial Hospital (the "Carillon Bedford Memorlal Hospital Project"), (d) financing for RCH in the approximate amount of $54,000,000 a portion of the costs of design, plannlng, site preparation, construction and equipment acquisition relating to the building and equipping of an approximately 232,370 square foot, two-to five-story replacement hospital facility containing 97 beds and related parking and other ancillary facilities to be located in Montgomery County, Virginia (the "RCH Project"), and (e) financing for FMH in the approximate amount of $2,000,000 a portion of the costs of (i) renovating certain portions of Carilion Franklin Memorial Hospital, an approximately 61,270 square foot health care facility, and/or (ii) acquiring certain capital equipment for use in or in connection with Carillon Franklin Memorial Hospital (the "Carillon Franklin Memorial Hospital Project") (the Carillon Roanoke Memorial Hospital Project, the Carilion Roanoke Community Hospital Project, the Carillon Giles Memorial Hospital Project, the Carillon Bedford Memorial Hospital Project, the RCH Project and the Carillon Franklin Memorial Hospital Project are hereinafter collectively referred to as the "Project"); (II) paying a portion of the interest accruing on such revenue bonds during the acquisition, construction, renovation and equipping of the Project; and (III) paying certain expenses incurred in connection with the issuance of such revenue bonds, including certain fees of the provider of a liquidity facility for each series of such revenue bonds; and WHEREAS, CMC owns and operates Carilion Roanoke Memorial Hospital and the location of the Carilion Roanoke Memorial Hospital Project is Jefferson Street and Belleview Avenue, S.E., Roanoke, Virginia; CMC also owns and operates Carilion Roanoke Community Hospital and the location of the Carilion Roanoke Community Hospital Project is 101 Elm Avenue, S.E., Roanoke, Virginia; BCM~ owns and operates Carilion Bedford Memorial Hospital and the location of the Carilion Bedford Memorial Hospital Project is 1613 Oakwood Street, Bedford, Virginia; GMH owns and operates Carilion Giles Memorial Hospital and the location of the Carilion Giles Memorial Hospital Project is 1 Taylor Avenue, Pearisburg, Virginia; and FM~ owns and operates Carillon Franklin Memorial Hospital and the location of the Carilion Franklin Memorial Hospital Project is 124 Floyd Avenue, Rocky Mount, Franklin County, Virginia. The RCM Project will be owned and operated by RCH and the anticipated location of the RCH Project is 2900 Tyler Road (the Intersection of Route 177 and Interstate 81) in Montgomery County, Virginia; and WHEREAS, the Roanoke Authority has by resolution adopted July 30, 1997 (the "Roanoke Authority Resolution") authorized the issuance of two series of the Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Carilion Health System Obligated Group), Series 1997A and Series 1997B !=he "Bonds") in an aggregate principal amount not to exceed $~0,000,000 for the purpose of (i) financing a portion of the ccsts of the Project, (iii) paying a portion of the interest accruing on the Bonds during the acquisition, construction, renovation and equipping of the Project and (iii) paying certain expenses incurred in connection with the authorization and issuance of the Bonds; and WHEREAS, the City Council of the City of Roanoke, Virginia (the "Roanoke City Council") must first approve the issuance of the Bonds be£ore the Roanoke Authority can proceed with the financing; an4 WHEREAS, the Roanoke Authority has delivered or caused to be delivered to the Roanoke City Council the following: (i) a reasonably detailed summary of the comments expressed at the public hearing held by the Roanoke Authority in connection with the issuance of the Bonds, (ii) a fiscal impact statement concerning the Project and the Bonds in the form specified in Section 15.1-1378.2 of the Act, and (iii) a copy of the Roanoke Authority Resolution, which constitutes the recommendation of the Roanoke Authority that the Roanoke City Council approve the financing of the Project and the issuance of the Bonds; and WHEREAS, the Roanoke City Council has determined that it is necessary at this time to approve the issuance by the Roanoke Authority of not to exceed $80,000,000 aggregate principal amount of the Bonds to promote the improvement of health and living conditions of the people of the City of Roanoke and the Commonwealth of Virginia, increase opportunit~ s for gainful employment, improve health care and otherwise =~d in improving the prosperity and welfare of said City and Commonwealth and its inhabitants by improving the hospital facilities of CMC, BCMH, RCH, GMH and FMC, respectively; NOW THEREFORE, BE iT RESOLVED by the City Council of the City of Roanoke, Virginia: SECTION 1. The Roanoke City Council hereby authorizes the issuance by the Roanoke Authority of two series of the Industrial Deve!cpment Authority of the City of Roanoke, Virginia Hospital Kevenue Bonds (Carillon Health System Obligated Group), Series !997A and Series 1997B in an aggregate principal amount not to exceed $80,000,000 (the "Bonds") for the purpose of (i) financing a ~crtlon of the costs of the Project, (ii) paying a portion of uke interest accruing on the Bonds during the acquisition, c:ns:ruction, renovation and equipping of the Project and (iii) ~aying certain expenses incurred in connection with the autkcrization and issuance of the Bonds. SECTION 2. The Mayor or Vice Mayor and the Clerk or any ie;uuy Clerk to the Roanoke City Council are hereby authorized --= directed, on behalf of the City to take any and all action necessary, including the execution of any documents, to consummate the sale of the Bonds in conformity with the ~rovisions of this resolution. SECTION 3. The approval of the issuance of the Bonds, as required by Section 147(f) of the Internal Revenue Code of 1986, as amended, and the Act, does not constitute an endorsement to any prospective purchaser of the Bonds or the creditworthiness of CMC, BCMH, RC~, GMH or FMH, and, as required by the Act, the Bonds shall provide that neither the Commonwealth of Virginia, the City nor the Roanoke Authority shall be obligated to pay the principal or purchase price of, the redemption premium, if any, cr the interes~ on the Bonds or o~her costs incident thereto except from the revenues and funds pledged therefor and neither the faith or credit nor the taxing power of the Commonwealth of Virginia, the City nor the Roanoke Authority shall be pledged thereto. SECTION 4. This Resolution shall take effect immediately upon its passage. City Clerk ATrueCopyTeste:... ~' F3 · ~ity Clerk (25) (a) City of Roanoke, Virginia Incumbency and Seal Certificate I, Mary F. Parker, DO HEREBY CERTIFY that: 1. I am the Clerk to the City Council (the "City Council") of the City of Roanoke, Virginia. 2. The following is a correct list of the names of the members of the City Council and certain officers of the City of Roanoke, Virginia, and the date of expiration of their respective terms of office: EXPIRATION OFFICER OF TERM David A. Bowers, Mayor Linda F. Wyatt, Council Member (Vice-Mayor) Carroll E. Swain, Council Member James O. Trout, Council Member John H. Parrott, Council Member William White, Sr., Council Member C. Nelson Harris, Council Member Mary F. Parker, Clerk June 30, 2000 June 30, 2000 June 30, 1998 June 30, 2000 June 30, 2000 June 30, 1998 June 30, 1998 June 30, 1998 September 30, 1998 3. The Mayor and each of the Members of the City Council did, before entering on the performance of his or her public duties, take and subscribe the oath required by Article II, Section 7, of the Constitution of Virginia. 4. The official Seal of the City of Roanoke, Virginia, being the only Seal used by the City in the execution of bonds and contracts, is the Seal an impression of which is affixed opposite my signature on this certificate. 5. The Resolution adopted by the City Council at its meeting of August 18, 1997, has not been repealed or amended and said Resolution remains in full force and effect. WITNESS my hand and the official Seal of the City of Roanoke, Virginia this 9th day of September, 1997. Mary F. r Clerk to the City Council of the City of Roanoke, Virginia [SEAL] MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 20, 1997 File #72-165-178-236-488 Susheela Shende Executive Director Northwest Neighborhood Environmental Organization, Inc. 802 Loudon Avenue, N. W. Roanoke, Virginia 24016 Dear Ms. Shende: I am enclosing copy of Resolution No. 33548-081897 authorizing the City Manager to execute a grant agreement with the Northwest Neighborhood Environmental Organization to provide funds, in the amount of $37,000.00, for renovation and sale of a vacant house located at 1011 Fairfax Avenue, N. W., upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 18, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:~AGENDA.97~,UG. 16 Susheela Shende Executive Director Northwest Neighborhood Environmental Organization, Inc. August 20, 1997 Page 2 pc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director, Public Works Ronald H. Miller, Building Commissioner H. Daniel Pollock, Housing Development Coordinator John R. Marlles, Chief, Planning and Community Development Mariam K. Alam, Neighborhood Partnership Coordinator Glenn D. Radcliffe, Director, Human Development Frank E. Baratta, Grants Compliance Monitor H:~,GENDA.97~AUG.18 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 1997. No. 33548-081897. A RESOLUTION authorizing the City Manager to execute a grant agreement with the Northwest Neighborhood Environmental Organization (NNEO), to provide funding for the renovation and sale of a vacant house located at 1011 Fairfax Avenue, N.W., upon certain terms and conditions. BE follows: 1. IT RESOLVED by the Council of the City of Roanoke as That the City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a grant agreement with Northwest Neighborhood Environmental Organization (NNEO), which agreement shall provide for the use of HOME funds in the amount of $37,000.00 to be used in the renovation and sale of a vacant house located at 1011 Fairfax Avenue, N.W., and amendments thereto, if necessary, within the limits of funds and for the purposes set forth in the City Manager's report to this Council dated August 18, 1997. 2. The form of the grant agreement shall be approved by the City Attorney. ATTEST: H\RE$~,R-NNEO 2 City Clerk. RECEIVED CITY CLERKS OFFICE '97 12 P3:05 Roanoke, Virginia August 18, 1997 97-33 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: 1997-98 HOME Investment Partnerships Program (HOME) Agreement with the Northwest Neighborhood Environmental Organization, Inc. (NNEO) mo Each year since 1992, the City of Roanoke has received a HOME entitlement graqt from the U.S. Department of Housing and Urban Development (HUD). HOME funds are used to increase the amount of affordable housing available to Iow-income families. Of each year's HOME grant, 15 % must be reserved for projects conducted by certified Community Housing Development Organizations (CHDOs). An additional 5 % of each year's grant may be provided to CHDOs for their general operating expenses. The City has certified NNEO to be a bona fide CHDQ, as defined by HUD. NNEO has been successfully conducting CHDO projects for four consecutive years. II. Current Situation: For the 1997-98 period, NNEO requested CHDO fund.~ for operating expenses and for acquiring a property at 1011 Fairfax Avenue, N.W., which will be rehabilitated at a later date and offered as affordable housing to eligible families. B° City Council authorized $37,000 in new CHDO funding for NNEO as part of the Annual Update to the Consolidated Plan (Annual Update) approved for submission to HUD on May 12, 1997, by Resolution No. 33402-051297. HUD's written approval of the plan was received July 3, 1997. The new funding for NNEO is composed of $20,000 for operating expenses and $17.000 for acquiring the property. Co City Council must approve execution of an agreement with the NNE0 in order to implement this HOME project and permit payment to the NNEO for costs incurred. Do HOME funds must be matched at a rate of 12.5 %, which does not apply to CHDO operating expenses. The match requirement for this NNEO project will be ~. Match sources include cash as well as in-kind contributions from non-federal sources. No outlays of City funds will be needed to meet the match requirement. Members of Council Page 2 III. Issues: A. Cost to the City. B. Progress in committing CHDO funds. C. Impact on neighborhood revitalization, D. Consistency with the Annual Update. IV. ~: Ao Authorize the City Manager or the Assistant City Manager to execute, and the City Clerk to attest, a 1997-98 HOME Agreement with the NNEO (similar in form and content to Attachment 1) and amendments thereto, if necessary, approved as to form by the City Attorney. Any such amendments shall be within the limits of the funds appropriated by City Council and the purposes set forth in the Agreement for the project. Cost to the City will be $37,000 in HOME funds; funding is available in the accounts listed in Attachment A of the Agreement. Progress in committing CHDO funds will be achieved. Any CHDO funds not committed to projects within two years of award to the City may be withdrawn by HUD. This project completes the commitment of all CHDO funds which must be committed by June 30, 1998. o Impact on neighborhood revitalization will be positive. Upon completion of the project, another property will have been rehabilitated. This will enhance the appearance, property values and stability of the neighborhood, while increasing the City's stock of decent, affordable housing. Consistency with the Annual Update will be attained. The project and funding covered by this Agreement are specifically authorized in the Annual Update for implementation by the NNEO. B. Do not authorize execution of this 199%98 HOME Agreement with the NNt~O. Cost to the City will be the potential loss of real estate tax revenues and the loss of additional affordable housing. Progress in committing CHDO funds will not be achieved and other CHDO projects would need to be developed to avoid withdrawal of funds by HUD. Members of Council Page 3 o Impact on neighborhood revitalization would be negative in that the deteriorated state of the property will remain unaddressed. Consistency with the Annual Update would not be attained, since the NNEO is specifically identified as the agency which will conduct the project covered by this Agreement. V. Recommendation: Concur with Alternative A, authorizing the City Manager or the Assistant City Manager to execute, and the City Clerk to attest, a 1997-98 HOME Agreement with the NNEO (similar in form and content to Attachment 1) and amendments thereto, if necessary, approved as to form by the City Attorney. Any such amendments shall be within the limits of the funds appropriated by City Council and the purposes set forth in the Agreement for the project. Respectfully submitted, W. Robert Herbert City Manager WRH:FEB Attachment C: Assistant City Manager City Attorney Director of Finance Director of Public Works Director of Human Development Housing Development Coordinator Office of Grants Compliance Roanoke Neighborhood Partnership Coordinator Executive Director, Northwest Neighborhood Environmental Organization AGREEMENT This Agreement is made and entered into this parties: Attachment 1 ~day of , 1997, by and between the following The Grantee City of Roanoke, Virginia 215 Church Avenue, S.W. Roanoke, Virginia 24011 The Subgrantee Northwest Neighborhood Environmental Organization, Inc. 802 Loudon Avenue, N.W. Roanoke, Virginia 24016 WITNESSETH: WHEREAS, by Resolution No. 33432-061697 the Roanoke City Council approved the 1997 HOME Investment Partnerships (HOME) program and by Ordinance No. 33431-061697 appropriated funds therefor; and WHEREAS, by Resolution No. __ __ the Roanoke City Council approved the execution of a subgrant agreement between the Grantee and the Subgrantee; and WHEREAS, the Grantee has certified the Subgrantee to be a bona fide Community Housing Development Organization CCHDO"), as defined by the U.S. Department of Housing and Urban Development ("HUD"); and WHEREAS, the Subgrantee is experienced in providing services to and on behalf of citizens of low and moderate income; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. USE OF HOME FUNDS: Funds under this Agreement shall be used by NNEO to purchase the property located at 1011 Fairfax Avenue, N.W., Roanoke, Virginia. Expenditures may include land and structures, title and recording, counsel's fees, property appraisal, surveying, taxes, extermination/inspection or other necessary, reasonable and allowable project and CHDO operating expenses. It is understood by the parties hereto that the ultimate intent of purchasing the property is its rehabilitation and sale to HOME-eligible families, as defined by the U.S. Department of Housing and Urban Development and described in paragraph 1.b. below. Page 1 of 10 bo "HOME-eligible families" -- For the purposes of this Agreement, this term shall mean a family that will use the property being purchased as its principal residence and whose income, adjusted for family size, does not exceed 80% of the area median income established by HUD and in effect at the time of sale. The Subgrantee shall prepare and retain with records of the project documentation that it has determined each homebuyer family's income. Such documentation shall include the names, ages, and the sources and amounts of income anticipated for the succeeding twelve months for each individual related by birth, marriage or adoption living in the same household at the time of the determination. In the event the sale of the property to the family does not occur within six months of the income determination, a new income determination shall be made to ensure the family meets the income criteria in effect at the time of sale. c. Period of this Agreemerlt -- This Agreement shall be effective as of July 1, 1997, and, unless amended, shall end June 30, 1999. d. ~ -- By June 30, 1998, the Subgrantee shall have completed the purchase of the property and by June 30, 1999, shall have completed its rehabilitation and closed on its sale. eo Match -- Funds drawn from the Grantee's HOME Investment Trust Fund must be matched in accordance with the requirements contained in 24 CFR 92.218 through 92.222. It shall be the Grantee's responsiblity to determine the amount and ensure crediting of matching funds required pursuant to this Agreement. The Subgrantee shall report regularly to the Grantee all activities which may be credited against the HOME match requirement. fo .B~ -- The total HOME funds to be provided by the Grantee under this Agreement is $37,000, as detailed in Attachment A. Of these funds, not more than $20,000 may be used for eligible CHDO operating expenses. At the sole discretion of the Grantee, any funds remaining unexpended at the end date of this Agreement may be deobligated from the Agreement and made available for other HOME or HOME/CHDO projects, as appropriate. The award of funds for purchase of the property shall not be construed to commit the Grantee to award any other funding to the project. AFFORDABILITY; a. The Subgrantee shall ensure that the property(les) assisted under this Agreement comply with the affordability requirements at 24 CFR 92.254, including, but not limited to, the following: (1) Buyers of the properties shall be HOME-eligible families, as described in paragraph 1.b. above; (2) The initial purchase price of each property shall not exceed $127,750; and (3) For a period of up to 15 years, depending on the total amount of HOME funds invested, each property shall be available for purchase only by a HOME-eligible family; otherwise up to the full HOME investment shall be repaid to the Grantee. These restrictions will be enforced pursuant to paragraph 12 of this Agreement. Page 2 of 10 o b The Subgrantee shall monitor all HOME-assisted properties to ensure maintenance of their affordability for the minimum period. Monitoring procedures of the Subgrantee must be in accordance with HUD regulations. REQUESTS FOR DISBURSEMENTS OF FUNDS: ao Disbursement of funds under this Agreement shall not be requested until the funds are needed for payment of eligible costs. The amount of each disbursement request must be limited to the amount needed. bo Requests for disbursement of funds shall be submitted to the Grantee's Office of Grants Compliance and shall include copies of the invoices from contractors, businesses or other entities for the work performed or CHDO operating expenses incurred. Upon approval of the request by the Office of Grants Compliance and the Grantee's Project Manager, if any, the Grantee shall disburse the funds to the Subgrantee. Co All requests for disbursements with respect to costs incurred during the period of this Agreement, as set forth in part 1.f., must be received by the Grantee within 60 calendar days of the ending date of this Agreement. The Grantee shall not be bound to honor requests for disbursements received after this 60-day period has elapsed. 4. PROJECT REQUIREMENTS: In addition to the affordability provisions described in paragraph 2. above, the Subgrantee shall comply with other applicable project requirements set forth in Subpart F of 24 CFR part 92, in accordance with the type of project assisted. Such other requirements include, but are not necessarily limited to, the following. ao Maximum per-unit subsidy amount -- The total amount of HOME funds invested shall not exceed $58,028 for a one-bedroom unit, $70,562 for a two-bedroom unit, $91,283 for a three-bedroom unit, and $100,200 for a unit with four or more bedrooms. bo Property standards -- All housing assisted under this agreement must, upon project completion, meet the property standards and lead-based paint requirements in 24 CFR 92.251 and 92.355, respectively. Co Conditions for religious organization~ -- The Subgrantee shall not grant or loan any HOME funds to primarily religious organizations for any activity including secular activities. In addition, HOME funds may not be used to rehabilitate or construct housing owned by primarily religious organizations or to assist primarily religious organizations in acquiring housing. In particular, there shall be no religious or membership criteria for tenants or buyers of any HOME-assisted properties. OTHER PROGRAM REQUIREMENTS; The Subgrantee shall carry out each activity in compliance with all federal laws and regulations Page 3 of 10 described in subpart H of 24 CFR 92, except that the Subgrantee does not assume the Grantee's responsibilities for environmental review in 92.352 or the intergovernmental review process in 92.357. In particular, the following provisions apply to the project described in paragraph 1 of this Agreement: ao Equal Opportunity and Fair Housing -- (1) No person in the United States shall on the grounds of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with HOME funds. (2) To the greatest extent feasible, contracts for work to be performed in connection with any project under this Agreement shall be awarded to business concerns which are located, or owned in substantial part by persons residing, in the Roanoke metropolitan area. (3) To the greatest extent feasible, minority business enterprises and women business enterprises shall be used when possible in the procurement of property and services. bo Minimizing Displacement -- The Subgrantee must ensure that it has taken all reasonable steps to minimize the displacement of persons (families, individuals, businesses, nonprofit organizations, and farms) as a result of the activities in paragraph 1 above. To the extent feasible, any existing residential tenants of the property(ies) identified in paragraph 1 above must be provided reasonable opportunity to purchase the rehabilitated property, if the existing tenants are qualified as low-income home buyers, if the property is affordable to the existing tenants after rehabilitation, and if the existing tenants can obtain mortgage financing for the purchase. Historic Review -- As part of the Grantee's environmental review responsibilities, all proposals for HOME-assisted rehabilitation or demolition in the City shall be submitted to the Grantee for determination of the structure's eligibility for inclusion on the National Register of Historic Places. If a property is historically eligible, all project plans and specifications will be submitted to the Grantee for review as to compliance with Section 106 of the National Historic Preservation Act. do eo fo Lead-based Paint -- Housing assisted with HOME funds constitutes HUD-associated housing for the purpose of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821, et seq.) and is, therefore, subject to 24 CFR Part 35. In accordance with these regulations, the Subgrantee shall comply with the Grantee's Lead-Based Paint Abatement policies and procedures, and in no case shall use lead-based paint in the construction or rehabilitation of the property(ies) assisted under this Agreement. Debarment and Suspension -- The Subgrantee will submit to the Grantee's Office of Grants Compliance all names of contractors and subcontractors hired for any HOME-assisted project, to determine if such contractors or subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in federal transactions. ~ -- As part of the Grantee's environmental review responsibilities, the Grantee's Office of Grants Compliance will review all proposed HOME-assisted projects to determine if they are located in a flood hazard area. If a project is located in a flood hazard area, the Subgrantee shall ensure that flood insurance under the National Flood Insurance Program is Page 4 of 10 obtained and maintained for the duration of this Agreement. 6. PROGRAM INCOME AND REPAYMENTS: a. Payment of Proceeds from Sale: Upon the Subgrantee's sale of the property(ies) cited in paragraph 1, gross proceeds shall be distributed as follows: first, private lending institutions shall be repaid; second, the Subgrantee shall recover its funds invested in the project; third, the Subgrantee shall retain a developer's fee, as defined in subparagraph (2) below; and fourth, the Grantee's HOME Investment Trust Fund shall be repaid any funds remaining. Should the gross proceeds be insufficient to allow the Subgrantee to recover its invested funds and/or retain a developer's fee, the Grantee shall not be liable for the deficiency. (2) Where the gross proceeds from the sale of the property(ies) cited in paragraph 1. permit, the Subgrantee shall receive a developer's fee for each property. This fee shall be deemed in compensation for the effort expended by the Subgrantee associated with conducting the project. The amount of the fee shall be 7.5 To of the "adjusted project budget," as defined in subparagraph (3) below, up to a maximum of $5,000. For projects involving more than one property, the base for computing each developer's fee shall be the adjusted project budget divided by the number of properties to be sold to low-income homebuyers under the project. (3) For the purposes of this paragraph, the "adjusted project budget" shall mean the total project budget minus any amounts budgeted as CHDO operating funds or any amounts designated under this or any other Agreement for use by other entities to provide for relocation of current tenants of the property(ies), downpayment/closing cost or other homebuyer assistance, or other forms of assistance not directly associated with the production of the housing. In the event this project is terminated before completion, as defined under the HOME Cash and Management Information System, any HOME funds disbursed to the Subgrantee, whether or not expended for project costs, shall be repaid by the Subgrantee to the HOME Investment Trust Fund. c. All repayments, interest and returns on the investment of HOME funds shall be returned to the Grantee within 15 days of receipt by the Subgrantee. 7. RECORDS AND REPORTS; The Subgrantee agrees to submit such reports as may be requested by the Grantee concerning the activities conducted under this Agreement. Further, the following shall apply to financial and project records pertaining to this Agreement: a. Records to be maintained -- At a minimum, the Subgrantee shall maintain financial and project documents and records which comply with the applicable requirements of 24 CFR 92.508. Page 5 of 10 Period of record retention -- The Subgrantee shall retain financial and project documents and records pertaining to this Agreement in compliance with the applicable requirements of 24 CFR 92.508(c). Co Access to records -- The Grantee and other entities shall have access to financial and project documents and records pertaining to this Agreement in compliance with the applicable requirements of 24 CFR 92.508(d). 8. UNIFORM ADMINISTRATIVE REQUIREMENTS: As an entity operating independently from the Grantee, the uniform administrative requirements in 24 CFR 92.505 (including those related to procurement of goods and services) and the conflict of interest provisions found in 24 CFR 85.36 and OMB Circular A-Il0 do not apply to the Subgrantee. However, at a minimum, the Subgrantee must have financial accountability standards which conform to OMB Circular A-133 and to the "Standards for Financial Management Systems" as detailed in OMB Circular A-110. 9. MONITORING: The Subgrantee shall monitor progress of the HOME-funded project covered by this Agreement, and shall submit appropriate reports to the Grantee's Office of Grants Compliance. Not less than annually, the Grantee shall monitor the Subgrantee for records retention and compliance with the regulations of 24 CFR Part 92, as referenced herein. 10. ANNUAL AUDIT; As an entity receiving less than $300,000 in federal funding from the Grantee, the Subgrantee shall not be required by the Grantee to undergo an annual independent audit of the HOME expenditures under this Agreement. Furthermore, no expenditures with respect to any such audit undertaken at the Subgrantee's own initiative shall be chargeable to the funds under this Agreement. 11. THIRD-PARTY CONTRACTS; The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee. 12. ENFORCEMENT OF THE AGREEMENT. In the event the Subgrantee materially fails to comply with any term of the agreement, the Grantee may suspend or terminate, in whole or in part, this Agreement or take other remedial action in accordance with 24 CFR 85.43. In the event the Subgrantee terminates this project prior to completion of the activities scheduled in paragraph 1.d. above without the prior written approval of the Grantee's Office of Grants Compliance, the Subgrantee shall be liable for repayment of any HOME funds expended. Page 6 of 10 The affordability provisions referenced in paragraph 2 of this Agreement shall be enforced by a written covenant between the Subgrantee and the homebuyer as a condition of sale, and recorded with the property deed. The covenant shall provide that the Grantee be notified of any pending resale of the property for the applicable period of affordability. Such covenant shall be approved as to form by the Grantee. If affordability provisions are not met upon resale of the property, up to the full HOME investment, as applicable, shall be repaid to the Grantee in accordance with paragraph 6.c. of this Agreement. 13. ~ The Subgrantee agrees and binds itself and its successors and assigns to indemnify, keep and hold the Grantee and its officers, employees, agents, volunteers and representatives free and harmless from any liability on account of any injury or damage of any type to any person or property growing out of or directly or indirectly resulting from any act or omission of the Subgrantee including: (a) the Subgrantee's use of the streets or sidewalks of the Grantee or other public property; (b) the performance under this Agreement; (c) the exercise of any right or privilege granted by or under this Agreement; or (d) the failure, refusal or neglect of the Subgrantee to perform any duty imposed upon or assumed by Subgrantee by or under this Agreement. In the event that any suit or proceeding shall be brought against the Grantee or any of its officers, employees, agents, volunteers or representatives at law or in equity, either independently or jointly with the Subgrantee on account thereof, the Subgrantee, upon notice given to it by the Grantee or any of its officers, employees, agents, volunteers or representatives, will pay all costs of defending the Grantee or any of its officers, employees, agents, volunteers or representatives in any such action or other proceeding. In the event of any settlement or any final judgement being awarded against the Grantee or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with the Subgrantee, then the Subgrantee will pay such settlement or judgement in full or will comply with such decree, pay all costs and expenses of whatsoever nature and hold the Grantee or any of its officers, employees, agents, volunteers or representatives harmless therefrom. 14. INDEPENDENT CONTRACTOR: Services performed under this agreement shall be performed on an independent contractor basis and under no circumstances shall this agreement be construed as establishing an employee/employer relationship. The Subgrantee shall be completely responsible for its activities in performing services hereunder. 15. SUCCESSORS; This Agreement shall be binding upon each of the parties, and their assigns, purchasers, trustees, and successors. 16. AMENDMENTS: The Grantee, from time to time, may require changes in the obligations of the Subgrantee hereunder, or its City Council may appropriate further funds for the implementation of this HOME rehabilitation project. In such event or events, such changes which are mutually agreed upon by Page 7 of 10 and between the Grantee and the Subgrantee shall be incorporated in written amendment to this Agreement. 17. GOVERNING LAW; This Agreement shall be governed by laws of the Commonwealth of Virginia. 18. AVAILABILITY OF FUNDS: HOME Investment Partnerships Program (HOME) funding to be made available by the Grantee under this Agreement is contingent upon necessary appropriations by the U.S. Congress. In the event that sufficient funds are not appropriated, at the sole discretion of the Grantee, this Agreement may be terminated in whole or in part. 19. ANTI-LOBBYING: To the best of the Subgrantee's knowledge and belief, no federal appropriated funds have been paid or will be paid, by or on behalf of it, to any persons for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, the Subgrantee will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove written: ATYEST: FOR THE GRANTEE: By By Mary F. Parker, City Clerk City Manager/Assistant City Manager ATTEST: FOR THE SUBGRANTEE: By By Louise J. Penn, Secretary Susheela Shende, Executive Director Page 8 of 10 APPROVED AS TO HOME ELIGIBILITY APPROVED AS TO FORM Office of Grants Compliance Assistant City Attorney APPROVED AS TO EXECUTION APPROPRIATION AND FUNDS REQUIRED FOR THIS CONTRACT CERTIFIED Assistant City Attorney Date Director of Finance Account # (See Attachmenl; A) Page 9 of 10 Attachment A 1997/98 NNEO HOME Contract C 1011 Fairfax Avenue Acquisition") Financial Accounts Account # (035-090-) Project Total 5304-5337 5305-5337 CHDO Operating Funds CHDO Operating Funds Total Activity 2,295 17,705 20,000 2,295 17,705 20,000 5302-5341 5304-5341 5305-5341 5320-5341 Fairfax Avenue Acquisition Fairfax Avenue Acquisition Fairfax Avenue Acquisition Fairfax Avenue Acquisition Total Activity 313 415 8,010 8,262 17,000 313 415 8,010 8,262 17,000 Total -- All Activities 17,000 -0- 20,000 37,000 Page 10 of 10 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 l- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk (~ERTIFIED MAIL AND RETURN RECEIPT REQUESTED August 20, 1997 File #200-327-467-514 Billy W. Martin, Postmaster United States Postal Service 419 Rutherford Avenue, N. E. Roanoke, Virginia 24022 Dear Mr. Martin: I am enclosing copy of Resolution No. 33549-081897 authorizing the City Manager to officially name and rename certain public and private streets within the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 18, 1997. Sincerely, P~t,~J,~.--.. Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:~,GENDA. 97~AUG.18 Billy W. Martin, Postmaster United States Postal Service August 20, 1997 Page 2 pc: John Rokisky, Public Relations Committee, Roanoke Catholic School, 621 N. Jefferson Street, Roanoke, Virginia 24016 Mr. Ford Stephens, 3416 Shadblow Lane, S. W., Roanoke, Virginia 24014 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Dana D. Long, Chief, Billings and Collections William F. Clark, Director, Public Works Charles M. Huffine, City Engineer John R. Marlles, Chief, Planning and Community Development Edward R. Tucker, City Planner Ronald H. Miller, Building Commissioner William L. Stuart, Manager, Streets and Traffic James A. McClung, Manager, Fleet and Solid Waste Management George C. Snead, Jr., Director, Public Safety Ronald L. Wade, Acting Manager, Communications Department James L. Viar, Acting Chief, Police Department James Grigsby, Chief, Fire and Emergency Medical Services Dolores C. Daniels, Assistant to the City Manager for Community Relations H:~AGENDA,gT~,UG.18 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 1997. No. 33549-081897. A RESOLUTION authorizing the City Manager to officially name and rename certain public and private streets within the City. WHEREAS, pursuant to Section 30-34 of the Code of the City of Roanoke (1979), as amended, the City Manager is authorized to review and recommend to City Council the naming and renaming of existing streets, both public and private; and WHEREAS, construction and realignment of a major street thoroughfare in the City has resulted in the need to name and rename certain public and private streets; and WHEREAS, the Office of Planning and Community Development has received written requests from property owners requesting the naming and renaming of certain streets; and WHEREAS, the legal requirements of Section 30-34 of the Code of the City of Roanoke (1979), as amended, have been satisfied. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The newly constructed public street thoroughfare, which extends from Salem Avenue, S.W., in the downtown area, to an intersection with Gainsboro Road and Harrison Avenue, N.W., is hereby designated and named Gainsboro Road. 2. The non-connecting section which was severed and isolated from the main alignment with Gainsboro Road is hereby designated and renamed as Old Gainsboro Road, N.W. 3. The existing public street known as Shadblow Lane, S.W., is hereby designated and renamed Willow Oak Circle, S.W. 4. That section of the unnamed private street that currently extends through the property of Roanoke Catholic School is hereby designated and named Celtic Way, N.W. 5. The City Engineer is hereby directed to cause the above street names to be appropriately noted on all maps and plats lodged in his care and to cause the placement of appropriate street name signs on said streets. 6. The City Clerk is hereby directed to transmit attested copies of this resolution to the Postmaster and relevant departments in order to be apprised of the aforesaid street name changes. ATTEST: City Clerk. H \RES\R-ST-NAM IA RECEI~vED CITY CLERt',,S r~Fr~C~ '97 AUGll P4:26 Roanoke, Virginia August 18, 1997 No. 97-171 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: Request of the City Manager to Officially Name and Rename Certain Public and Private Streets within the City I. Background: Construction and realignment of a major street thoroughfare in the City has resulted in the need to officially name and/or rename the following public streets: Section of new public street thoroughfare as the same now extends from Salem Avenue, in the downtown area, to an intersection with Gainsboro Road, and Harrison Avenue, N. W., (see attached Map A). Existing section of the original Gainsboro Road that is now severed and isolated from the main alignment of Gainsboro Road proper (see attached Map A.) Office of Planning and Community Development has also received written requests from certain property owners for the City to name and rename the following public and private streets: 1. Public street, Shadblow Lane, S.W., (see attached Map B.) Unnamed section of private street as the same extends through the property of Roanoke Catholic School (see attached Map C). City Manager is authorized under Section 30-34 of the City Code (1979), as amended, to review and recommend for the consideration of City Council, the naming and/or renaming of existing streets both public and private. II. Current Situation: New street thoroughfare connection between Salem Avenue, S. W., (in the downtown area) and Orange Avenue, N. W./U.S. 460, has been in the planning Members of City Council Page 2 August 18, 1997 stages for a number of years. New thoroughfare connection is now in the final phase of completion. Bo Section of the new thoroughfare, between Salem Avenue, S. W., and Harrison Avenue, N. W., needs to be officially designated and identified by name, as required by section 30-30 of the City Code (1979) as amended. This new section of public street extends through the City's oldest neighborhood, the Gainsboro historic district. The name "Gainsboro" is derived from an early Township known as "Gainsborough" that was established in this area in 1835. Co Realignment of the new thoroughfare connection has resulted in a remnant section of the original Gainsboro Road, N. W., being severed and isolated from the new main thoroughfare. Recommendation of this report is to officially designate and name the new thoroughfare section as a continuation of the existing Gainsboro Road. If the recommendation is implemented, this non-connecting section of the original Gainsboro Road should be renamed to avoid duplication of street names. D° Residents of Shadblow Lane, S. W., have requested that this public street be renamed and assigned a street name compatible with the surrounding street names in the area (see attached letter and Map B). Eo Roanoke Catholic School has requested that an official name be assigned to a certain unnamed private street that extends through their property from intersections with the new Gainsboro Road connection and Jefferson Street (see attached letter and Map C). F° Notification of these street name recommendations has been provided to all abutting or affected property owners as well as the area neighborhood organization. Public input, suggestions or concerns have been solicited. III. Issues: A. Public health and safety B. Public convenience/inconvenience C. Legal requirements Members of City Council Page 3 August 18, 1997 IV. Alternatives: Ao Approve the City Manager'$ reques$ to officially name and/or rename the above- described public and private streets as follows: Designate and officially name the new section 0fpublic stree$ thoroughfare (generally referred to as the new 2nd Street/Gainsboro Road connection), from its intersection with Salem Avenue, S. W., to its intersection with Harrison Avenue, N. W., as a continuation of Gainsboro Road. Designate and officially rename the non-connecting section of the original Gainsboro Road, as Old Gainsboro Road, N.W. Designate and officially rename the existing public street, Shadblow Lane, S. W., as Willow Oak Circle, S. W., as requested by the residents. Designate and officially name the described section of unnamed private street that currently extends through the property of Roanoke Catholic School, as Celtic Way, N.W., as requested by the owners of Roanoke Catholic School. 1. Public health and safety: Clarification of street name identification is necessary in order to promote, protect and preserve the general health and safety of the public. Proper and accurate street name identification and signage are factors of primary importance in providing and responding to the public need for emergency, police, fire and other essential public services. 2. Public convenience/inconvenience: Recommended names and name changes will benefit abutting property owners by eliminating the potential future confusion that would result from unnamed, duplicate or confusing street names. Some residents will be temporarily inconvenienced by the resulting change in addresses, drivers licenses, stationary, etc. Members of City Council Page 4 August 18, 1997 Bo Legal requirements: Recommendation is consistent with the legal requirements of section 30-29 through section 30-34 of the City C ode (1979) as amended. Deny the City Manager's request to name and/or rename the described public and private streets. Public health and safety; Streets will remain unnamed. Resulting confusion of unnamed or duplicate street names will create confusion and potential problems in the timely provision of emergency, police, fire and other public services. 2. Public convenience/inconvenience: Public will be inconvenienced. ° Legal requirements: Legal requirements of section 30-29 through 30-34, of the City Code (1979), as amended, will not be met. V. Recommendation: Approve Alternative A, thereby approving the City Manager's request to name and/or rename the public and private streets as described therein. Respectfully submitted, W. Robe~ 'Herbert City Manager WRH/ERT:ga cc: City Attorney Director of Public Works Planning and Community Development Engineering Department Building Inspections Communications PROPOSED NAME: EXISTING STREET NAME: GA1NSBORO ROAD jet / OAr~SBORO ROAD, N.W b.--. PROPOSED NEW NAME: OLD GAINSBORO ROAD, N.W. Patton - -' Wells Avenue (Ist) Street Shenandoah MAP A FORD STEPHENS 3261 Allendale St. SW, Roanoke, Va. 24014 Phone: 342-4245 FAX: 342-8630 Feb. 8, 1997 Mr. Ted Tucker Office of Planning & Community Development #162 Municipal Bldg. 215 Church St. SW Roanoke, Va. 24011 Dear Mr. Tucker: We are going to move into our new house located at 3416 Shadblow later this month. Since buying the lot in mid 1996 we have ex- perienced a great deal of trouble with the name of ~ street. People, especially on the tele- phone, just don't "get it" even after several spelling attempts. It is a real nuisance since so much business is done on the phone. I wonder if the name could be changed? Since it is the first off-shoot from Willow Oak Drive, I suggest it be changed to Willow Circle - or Willow Oak Circle. The only other house on Shadblow is owned by M/M Frank Radford whom, we understand, are currently building another house in the county where they will move. We would like to make this change as soon as possible so that we may have station~r_~~.D as well as notify people of~~ Cordially yours, I II O/ 000W o EXISTING STREET NAME: ,PROPOSED NEW NAME: /,",-WILLOW OAK CIRCLE, S. W. - ;. I ~ I -" ~ · '~.-' Roanoke Catholic School 621 North Jefferson Street * Roanoke, VA 24016 March 5, 1997 Office of Community Planning Mr. Ted Tucker Room 162 Municipal Building 215 Church Ave SW Roanoke, VA 24011 Mr. Tucker, i - ' ' ~'' ~'i~ ~.', :~- ~-- Enclosed is a copy of the map ~t sho~ ~e private rom ~at we wo~d like to ~e, *C~e W~y'. For ~e follo~g ~o~, we feel ~s would ~ ~propdate: - the mascot of Roanoke Catholic School is the CELTICS - currently, the road is unnamed - this is the most traveled, most visible road to our campus - it would complement our new signage installed on Gainsboro Road - would serve to identify this road from Gainsboro Road and Jefferson Street - it would enhance improvements made by the Gaimboro Road widening - finally, our state football championship of 1994 was won ..... the "Celtic Way" We understand the sign for this road will be green letters on a white background denoting a private road, and is available from the sign department for $50.00. Thank you so much for all of your help in assisting us with this matter. We look forward to hearing from you in the future. Regards, JShn Rokisky Public Relations Committee Roanoke Catholic School Upper School (540)982.3532 * Lower School (540)982-3756 * Guidance O~ce (540)981.0969 SING ~~/~ROPO S~~) NAME: CELX2C WAY .~-~_ r~s. sr. 4,vo,e£ws ~ c~r~o~/c c~u~Cu ~'60'ESM'T. VACATED PER ~DB, 1590, Pg. 1361 ~ I0-Z$'88 ,-~ e {i oRD.~Zg271,9-I2'88 ~ vACATED BY O~'~=c SEE MAP MAP C Mary F. Parker, CMCIAAE c~y Ck~rk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk August 20, 1997 File ~60-70-192-472 James D. Grisso Director, of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33550-081897 amending and reordaining certain sections of the 1997-98 Capital Projects Fund Appropriations, providing for the transfer of $15,000.00 for engineering design services in connection with replacement of fire alarms and temperature controls at the Roanoke Civic Center. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 18, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment H:~AG ENDA.~'/I~,UG. 18 James D. Grisso Director of Finance August 20, 1997 Page 2 pc; W. Robert Herbert, City Manager William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Kit B. Kiser, Director, Utilities and Operations James M. Evans, Acting Manager, Civic Center Facilities Dolores C. Daniels, Assistant to the City Manager for Community Relations Diane S. Akers, Budget Administrator, Office of Management and Budget Charles A. Harlow, Grants Compliance Monitor H:~AGENDA.97~UG.18 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of August, 1997. No. 33550-081897. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations, and providing for an emergen. 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 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A~)ropriations Other Infrastructure Replace Fire and Temperature Control - Civic Center (1) .......... Capital Improvement Reserve Public Improvement Bonds - Series 1996 (2) ...................... 1) Appropriated from Bond Funds 2) Buildings (008-056-9655-9001 ) (008-052-9701-9183) $15,000 (15,000) $ 7,658,362 75,000 $18,833,512 15,992,018 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. RECEIVED CITY CLERKS OFFICE August 18, 1997 Council Report No. 97-176 Honorable Mayor and Members of C'~/C~il P4:2 5 Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: TRANSFER FUNDS FOR ENGINEERING DESIGN SERVICES REPLACE FIRE ALARMS AND TEMPERATURE CONTROLS ROANOKE CIVIC CENTER J~iLGJggggJJJ:~ on the subject in chronological order is as follows: Whitescarver, Hurd & Obenchain, Inc., Consultino Enoineers, were emolove~l on August 19, 1996, for the sum of $52,500 with a $7,500 contingency ~ the Dro!ect and produce contract documents to replace the fire alarms and temperature controls to comply with present codes and standards. The ~roiect was advertised and two ¢2) bids were received on May 8, 1997, by D. Darwin RouBe, Manager, Office of SuPply Manaoemen~. The lowest responsive bid was for ~ as submitted by Johnson Controls. Council rejected the two bids at the July 21, 1997, meetin(~ with th~: understanding that the contract documents would be reworked to lower th~': Civic Center Administration, Whitescarver, Hurd & Obenchain, Inc., and City Enoineer Ders0nnel met and discussed acceptable ways of reducino the contracl amount. The major changes were in the fire alarm controls. Whitescarver, Hurd & Obenchain, Inc., took those aareed UD0f~ recommendations and studied the chanae effect on the contract docum~nl;,,;. They then informed the City Engineer tha~ it would take at least three weeks to make the required changes and readvertise the project. Estimated cost of this change in scope of work was not to exceed $15,000. II. Current sitvation is as follows: A. Contract documents need to be revised and the project needs to be readvertised in order for the project to proceed. Ill. Issues in order of importance are as follows: A. Enaineering concerns B. Funding C. Time of completion Honorable Mayor and Members of City Council TRANSFER FUNDS FOR ENGINEERING DESIGN SERVICES REPLACE FIRE ALARMS AND TEMPERATURE CONTROLS ROANOKE CIVIC CENTER August 18, 1997 Page 2 IV. ~[~Zg_0,t~¢~ in order of feasibility are as follows: A. Transfer $15,000 from 1996 General Obliaation Bonds to the Droiecl. Engineering concerns would be met in a timely manner in that the contract documents would be revised, the project readvertised, and bids received. Funding is available in the Public Buildings account from the 1996 General Obligation Bond Issue, account no. 008-052-9701-9183. Time of completion would be revised to an additional 21 consecutive calendar days, which is acceptable. B. Do not transfer $15,000 from 1996 General Obliaation Bonds to the Droiecl. 1. Enaineerina concerns would not be met in a timely manner. 2. Funding would not change. 3. Time of completion of the project would be extended. Recommendation is as follows: City Council concur in alternative A. "A" and take the following action: Transfer $15,000 from 1996 General Obligation Bond Issue account number 008-052-9701-9183 to the project account number 008-056-9655-9055. Respectfully submitted, W. Robert Herbert City Manager WRH/LBC/kh Honorable Mayor and Members of City Council TRANSFER FUNDS FOR ENGINEERING DESIGN SERVICES REPLACE FIRE ALARMS AND TEMPERATURE CONTROLS ROANOKE CIVIC CENTER August 18, 1997 Page 3 C.' City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Acting Manager, Civic Center Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandm H. Eakin Deputy City Clerk August 20, 1997 File #102-514 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33551-081897 authorizing you to undertake certain corrective measures for realignment and reconstruction of Tomi Lane, S. E., and certain connecting alleyways, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 18, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment H:~AGENDA.g'~AUG.18 W. Robert Herbert City Manager August 20, 1997 Page 2 pc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director, Public Works John R. Marlles, Chief, Planning and Community Development Edward R. Tucker, City Planner William L. Stuart, Manager, Streets and Traffic Charles M. Huffine, City Engineer H:~AGENDA.gT~AUG.18 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 1997. No. 33551-081897. A RESOLUTION authorizing the City Manager to undertake certain corrective measures for the realignment and reconstruction of Tomi Lane, S.E., and certain connecting alleyways, upon certain terms and conditions. WHEREAS, the construction of the Riverdale bridge and related realignment and reconstruction of 13th Street, S.E., resulted in the closure and/or relocation of certain adjacent street intersections; WHEREAS, the elevation of 13th Street, s.E., was raised to align with the elevation of the new Riverdale bridge; WHEREAS, public access from 13th Street, S.E., to a certain section of Tomi Lane, S.E. (formerly Tompkins Avenue), was closed off and eliminated as a result of this change in street elevation and location; WHEREAS, a certain section of Tomi Lane, S.E., was left with a connecting public alley system as its only means of access to the adjacent public street system at 14th Street, S.E.; WHEREAS, in addition to three existing residential dwellings located on this section of Tomi Lane, S.E., three additional single family dwellings have been constructed with their addresses being located on 13 1/2 Street, S.E., an undeveloped (paper) street; and WHEREAS, the currently assigned street address on the undeveloped~(paper) street could result in unnecessary confusion and delay in regard to life saving, fire protection, or other vital emergency services. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council authorizes the City Manager to undertake the corrective measures for the realignment and reconstruction of Tomi Lane, S.E., and certain connecting alleyways, as more specifically set out in the City Manager's report dated August 18, 1997, and its attachments. ATTEST: City Clerk. }{:',RE S',R-TOM! I (:ITY C[[R~.~ P~FFtC~ '97 A~ 12 A~l:5~ Roanoke, Virginia August 18, 1997 No. 97-177 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of City Council: Subject: Realignment and reconstruction of certain public rights-of-way - Tomi Lane, S.E., and certain connecting alleyways I. B ack rogro_._~d: Construction of the Riverdale bridge and the related realignment and reconstruction of 13th Street, S.E. some years ago resulted in the closure and/or relocation of certain adjacent street intersections (See attached Map A). Bo Elevation of 13th Street was raised to align with the elevation of the new Riverdale bridge as the same now spans the Roanoke River, between 13th Street and Bennington Avenue, S.E. Public access from 13th Street to a certain section of the former Tompkins Avenue, S.E., now designated as Tomi Lane, S.E., was closed off and eliminated as a result of this change in street elevation and location. Section of Tompkins Avenue was left with a connecting public alley system as its only means of access to the adjacent public street system at 14th Street, S.E. Street sign designating this alley system as a public street, Tomi Lane, S.E., was subsequently installed at its intersection with 14th Street, S.E. Alley system provides residents with a limited, 12 foot wide accessway to their properties (see attached Map A). Three residential dwellings (1236, 1316 and 1315) were originally located on this section of street at the time of the realignment and reconstruction of 13th Street, S.E. (see attached Map A as based on City survey). Members of Council Page 2 Building permits were subsequently issued, however, for three (3) additional single family dwellings. These dwellings were constructed during the years 1993 and 1994 to align and front on the connecting alley system. Addresses assigned to these additional dwellings indicate that they are located on 13 ½ Street, S.E. Ho 13 ½ Street, S.E., as shown on attached Map B, however, is an undeveloped (paper) street. This undeveloped street right-of-way is actually a grassy lawn area abutting the rear yards of the three more recently constructed dwellings. Residential community, composed of 6 dwellings, is now located in this area. Residents of these dwellings use and rely upon the connecting alley system as their only means of vehicular access to the adjacent public street system at 14th Street, S.E. II. Addresses as currently assigned and designated for three (3) of these residences on this physically non-existent street could result in unnecessary confusion and delay in regard to life saving, fire protection, or other vital emergency services Current Situation: Ao Zoning inspection related to an application to construct a fence across a portion of this alley system subsequently revealed that certain sections of the connecting alley system are actually located on privately-owned properties (see attached Map B). Survey of the publicly-owned rights-of-way within this small conununity indicates that the paved surfaces of the alley system are displaced and, in fact, overlap into the yards of the adjacent properties. Co Do Eo Residents on Tomi Lane and owners of other lots in the adjacent area have no guarantee that unrestricted public access can be maintained across the existing alignment of the connecting alleys between their properties and 14th Street, S.E. _.Alley right-of-way needs to be realigned or the paved way width of the alley system itself needs to be reconstructed in order to relocate and re-establish the legal confines of public access within the publicly owned rights-of-way. Property owners have agreed to dedicate certain parcels of land to the City for public right-of-way purposes in order to establish a proper and improved public right-of- way in and through the conununity, and effect the closure and vacation of the undeveloped section of 13½ Street, S.E. (see "Areas to be Dedicated" and "Area to be Vacated", Map B.) Members of Council Page 3 III. IV. Fo Alley system should be realigned and upgraded to at least a rural street standard and reclassified on all official maps of the City as a public street. Go Realignment, widening and paving of certain sections of essential right-of-way and the closure and vacation of other unneeded sections of undeveloped (paper) rights- of-way will be necessary to correct the existing public access problems in this area. Issues: A. Preservation of public health and safety standards. B. Public ownership and future maintenance. C. Cost. Alternatives: Ao Authorize the City Manager to undertake certain corrective measures as more specifically described in Section V. of this report. 1. Preservation of public health and safety standards: ao Existing access (alleys) is in part currently owned by parties other than the City. bo City has no current or future plans to open and develop 13 ½ Street, S.E. This undeveloped street section currently serves as an adjunct to the rear yards of the affected residents. C° Closure and vacation of 13 ½ Street will allow the abutting owners to lay claim to the land situated therein. The abutting owners, in turn, have agreed to dedicate those portions of their properties upon which the existing alleys now encroach, to the City for use as public street rights-of-way. do Dedication of sufficient land will provide for the realignment, widening and paving of Tomi Lane, S.E. and the connecting alley system. Improved connecting alleys could then be reclassified as a public street. Members of Council Page 4 Public a. Costs: Vacation and rededication of essential rights-of-way will establish a safe and properly aligned publicly-owned street right-of-way for the affected residents in the area. Location of residents and properties will be more appropriately identified for timely response by fire, police and emergency service agencies. ownership and fi~tur~ maintenance: City will obtain title to several small but essential parcels of land upon which certain portions of the existing alley system are now situated. City will thereafter be enabled to improve and maintain a public street right-of-way extending between Tomi Lane, S.E. and 14th Street, S.E. Unrestricted public access will be ensured for the current and future owners of properties in this adjacent area. no Vacation of 13½ Street, S.E. and re-dedication of land for needed rights-of-way can be transacted between the City and the affected residents at no cost to the City. bo Cost of repairing and widening of Tomi Lane and the connecting alleys will be approximately $5,000. Funds for the realignment, widening and paving of the public right- of-way are available in the operating budget of the Department of Streets and Traffic. Deny the City Manager's request for authority to undertake certain corrective measures as more specifically described in Section V. of this report. 1. preservation of public health and safety standards. a° Certain properties and residents will remain on an improperly identified alley system. bo Potential for delayed response by police, fire and emergency services ..will continue to exist for certain properties in this area. Members of Council Page 5 Public a. bo Costs: ownership and future maintenance: Parts of the existing alley as currently developed will remain in the private ownership of certain abutting property owners. Certain owners could create a controversial situation by installing a fence or barrier across the privately owned portions of the existing alley, thereby blocking access to any one or more of the abutting properties. bo Recommendation: Costs necessary for right-of-way improvements would not be an issue. Leaving the situation as it currently exists could result in a greater .cost to the City at some point in the future~ Approve Alternative A thereby authorizing the City Manager to undertake the following corrective measures: Bo Co To accept, on behalf of the City, the dedication and conveyance of certain parcels of land for public right-of-way purposes, as shown on Map B as attached to this report. Eo To provide for the preparation and execution of an appropriate subdivision plat for said division and dedication of such properties. To file, on behalf of the City, necessary applications to close and vacate 13 ½ Street, S.E. as shown on Map B as attached to this report. Upon the completion and resolution of the actions described in the above subsections A., B., and C., to appoint an officer under his direction to review the abutting properties to determine if any damages are likely to accrue upon any of the abutting properties; and If it is determined that no damages are likely to accrue upon any such abutting properties to thereaiter direct City forces to realign, widen and pave the subject sections of Tomi Lane, S.E. and the existing connecting alley system and finally to reclassify the existing alley system as a public street on all official maps of the City. Members of Council Page 6 If any one or more of the above-cited corrective measures cannot be carded out or completed within a period of two years from the date of the ordinance effecting this authorization, then said ordinance shall become null and void with no further action by City Council being necessary. Respectfully submitted, W. Robert Herbert City Manager WRH:ERT:mpf attachments cc: City Attorney Director of Finance Director of Public Works City Engineer Chief of Planning and Community Development Manager, Street Maintenance 13TH ST. Intersection Closed 3 ~".$ AREA TO BE VAC House Encroaching into Public Ri I . '1 14th Street, 8. E AREAS l t" o Map B T0'BE DEDICATED.,--F /8? I.r7 117 108 '~. /0 &75.9 AVE. ~ I a~ ,o · (Formerly ~; Tompkins Ave.) Tomi Lane MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 20, 1997 File #305-405 John P. Bradshaw, Jr. Executive Vice-President Hayes, Seay, Mattem and Mattern P. O. Box 13446 Roanoke, Virginia 24034 Dear Mr. Bradshaw: I am enclosing copy of Resolution No. 33553-081897 authorizing execution of an amendment to the City's contract with Hayes, Seay, Mattern & Mattern, Inc., for additional services in connection with alterations and additions at the Roanoke Juvenile Detention Home, in the amount of $138,010.00, which will increase the total contract amount from $271,990.00 to $410,000.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 18, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:~.GENDA.O'/~AUG 18 John P. Bradshaw, Jr. Executive Vice-President Hayes, Seay, Mattern and Mattern August 20, 1997 Page 2 pc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director, Public Works Charles M. Huffine, City Engineer L. Bane Coburn, Civil Engineer Ellen S. Evans, Construction Cost Technician Glenn D. Radcliffe, Director, Human Development Jack Trent, Manager, Juvenile Detention Home Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, Supply Management Dolores C. Daniels, Assistant to the City Manager for Community Relations Diane S. Akers, Budget Administrator, Office of Management and Budget H:~AGENDA. 97~AUG. 18 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 1997. No. 33553-081897. A RESOLUTION authorizing the execution of an amendment to the City's contract with Hayes, Seay, Mattern & Mattern, Inc., for additional services in connection with the alterations and additions at the Roanoke Juvenile Detention Home. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is hereby authorized to execute for and on behalf of the City, upon form approved by the City Attorney, Amendment Number 1 to the City's contract with Hayes, Seay, Mattem & Mattem, Inc., dated June 18, 1993, in order to provide for additional services related to the alterations and additions at the Roanoke Juvenile Detention Home as set forth in the report to this Council dated August 18, 1997. 2. The cost of these additional services shall be $138,010.00, which will increase the contract amount from $271,990.00 to $410.000.00. ATTEST: City Clerk. RECEIVED CITY CLERKS OFFICE August 18, 1997 Council Report No. 97-180 Honorable Mayor and Members Roanoke, Virginia Dear Mayor Bowers and Members of City Council' Subject: INCREASE IN FULL SERVICES CONTRACT FEE ROANOKE JUVENILE DETENTION HOME · ALTERATIONS AND ADDITIONS BOTETOURT, VIRGINIA ~ on the subject in chronological order is as follows: On June 14, 1993, City Council awarded a full services contract to Haves. Seay. Mattern & Mattern, Inc., (HSMM) for alterations and additions tO the Roan0ko Juvenile Detention Home for the following fee structure: Basic Services Fee (contract with HSMM) *Additional Services (record drawings, reimbursable expenses, etc.) Total Contract *Contingency (advertisement, changes in project design, etc.) Total 8255,690 16.300 $271,990 3.010 $275.000 *Contract items to be administratively controlled. B. Estimated cost of construction in June, 1993, was $2,590.320. II. Current situation is as follows: The DePartment of Youth and Family Services was the regulatory body in 1993. Since then it has become the Department of Juvenile Justice (D J J) and has developed a revised list of construction changes, especially in the remodeling of the existing building. B. Additionally, the foll0winq has contributed to cost escalation: 1. Changes to 1993 schematic plan. Several facilities have been built in the State since the original design, the results of which show a significant increase in cost of constructing juvenile detention homes. Estimated cost of detention facility as of July, 1997, is $4,041.000. Cost associated with the construction of the facilitv {includinq de$iqn) will bo reimbursed UP to 50% of the total cost. Honorable Mayor and Members of City Council INCREASE IN FULL SERVICES CONTRACT FEE ROANOKE JUVENILE DETENTION HOME ALTERATIONS AND ADDITIONS BOTETOURT, VIRGINIA August 18, 1997 Page 2 Eo Fee for full services, after negotiation with Hayes, Seay, Mattern & Mattern, Inc., is as follows: Basic Design Detention Design Record Drawings Additional Design Study to Consider Additions for Roanoke County and Salem Total $390,500 11,000 5,500 3.000 410,000 Project Contingency 5.00~) Total ~ Plannincl study was aDoroved bv the Department of Juvenile Justic, at their Board Meeting on July 16, 1997. Contract documents need to be prepared so project can be bid as soon as possible. III. Issues in order of importance are as follows: A. Approval/rejection of increase in fee B. Funding C. Time IV. Alternatives in order of feasibility are as follows: Authorize an increase in the full services contract with Haves. Seav, Mattern ~w Mattern, Inc., of $138,010, for a total of $410,000 plus a project contingency of $5,000 as follows: HSMM Total Fee $410,000 Project Contingency 5.000 1. ADoroval of the increase in fee will permit the timely production of contract documents for bidding. Funding is available in the project account in the form of 1994 General Obligation Bond proceeds. Once project is completed the Commonwealth of Virginia will reimburse up to 50% of allowable costs. Honorable Mayor and Members of City Council INCREASE IN FULL SERVICES CONTRACT FEE ROANOKE JUVENILE DETENTION HOME ALTERATIONS AND ADDITIONS BOTETOURT, VIRGINIA August 18, 1997 Page 3 Time would be saved by not delaying production of contract documents and bid date. Do not authorize increase in design fee. 1. Rejection of increase in fee would result in the delay of contract documents. 2. Funding would remain as it is now. 3. Time of production of contract documents would continue to be delayed. RecommendatiQn is as follows: City Council concur in alternative "A" and take the following actions: Authorize the City Manaoer t(~ issue Amendment No. 1 to the desian contrail with Haves, Sear, Mattern & Mattern, Inc., in the amount of ~ 138,010 for a total design fee of $410,000 and establish a project contingency of $5.000 for a total of $415.000. Respectfully submitted, W. Robert Herbert City Manager WRH/LBC/kh C: City Attorney City Clerk Director of Finance Director of Public Works Director of Human Resources Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Superintendent, Juvenile Detention Home R DEPARTHENTAL '97 R 18 P1:38 MEMO OFFICE OF THE CITY ENGINEER DATE: TO: FROM: SUBJECT: August 18, 1997 Mary F. Parker, City Charles M. Anderson, Arc Withdrawal of Item on Council Agenda This is to request that item §.a.7 "Report Recommending Execution of a Lease Agreement with Signet Bank for Additional Office and Classroom Space for the Department of Social Services, Employment Services Program" be withdrawn from the August 18, 1997, Agenda for City Council. The reason for this request is that Signet Bank is unwilling to enter into any such agreement while they pursue its merger with First Union Bank. CMA/kh Mary F. Parker, CMCIAAE city C~erk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk August 20, 1997 File ~0-270-361-472-514 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33554-081897 amending and reordaining certain sections of the 1997-98 Fleet Management and General Fund Appropriations, providing for appropriation of $95,068.00 for replacement of a truck mounted asphalt tar distributor and asphalt roller for the Street Department. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 18, 1997. MFP:sm Attachment Sincerely, Mary F. Parker, CMC/AAE City Clerk H:~AGENDA,97~AUG.18 James D. Grisso Director of Finance August 20, 1997 Page 2 pc: W. Robert Herbert, City Manager Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, Supply Management William F. Clark, Director, Public Works William L. Stuart, Manager, Streets and Traffic Diane S. Akers, Budget Administrator, Office of Management and Budget H:~AGENDA.gT~AUG.18 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of August, 1997. No. 33554-081897. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Fleet Management and 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 1997-98 Fleet Management and General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Fleet Mana,qement'Fund ~iations Capital Outlay from Revenue (1) .............................. Revenue Nonoperating Transfers from Other Funds (2) .............................. $ 3,883,094 $ 125,068 95,068 General Fund Appropriations Nondepartmental Transfers to Other Funds (3) ............................... Fund Balance Reserved for CMERP - City (4) .............................. $ 56,248,695 55,451,104 $ 5,357,647 1) Vehicular Equipment 2) Transfer from General Fund 3) Transfer to Fleet Management Fund 4) Reserved for CMERP - City (017-052-2642-9010) (017-020-1234-0951 ) ( 001-004-9310-9506) (001-3323) BE IT FURTHER ORDAINED that, an emergency $ 95,068 95,068 95,068 (95,068) . .qg, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. RECEtYEO CITY CLERKS OFFICE '97 ~12 P3:05 97-354 Roanoke, Virginia August 18, 1997 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: Fund Appropriation From Prior Year Capital Maintenance and Equipment Replacement Program ~.a_qJLg.[.~3~ on the subject in chronological order is: Ao The Prior Year Capital Maintenance and Equipment Replacemenl Program has identified the need to replace a truck mounted Asphalt Tar Distributor and a 4-6 Ton Asphalt Roller in the Streets Department. Equipment identified above has been determined necessary for the continuation of the performance of essential projects in the Streets Department. Co The City Manager, by authority designated by City Council, can approved expenditures less than $75,000 once the funds have been appropriated by Council. Items to be purchased have been bid. The bids were appropriately advertised in accordance with the procurement section of the Code of the City of Roanoke. I1. Current Situation is: ~ for City Council to appropriate funds from Prior Year Capital Maintenance and Equipment Replacement Program to provide for the equipment identified in this report. Fund Appropriation from Prior Year CMERP III. IV. ~ of bids received have determined the following: The lowest responsible bid for the Truck Mounted Asphalt Distributor is Magic City Motor Corporation for the cost of The lowest responsible bid for the Asphalt Roller is MSC Equipment Co. for a cost of 9_$_2_9.,.1~. ~ in order of feasibility are: A. Need C. Timing ~[[e./:]~,j~ in order of importance are: City Council appropriate $95.068 to Fleet Management Account 017-056-2642_9010 to provide for requested purchases. ~ for the requested equipment has been justified as essential. ~ is available in Prior Year Capital Maintenance and Equipment Replacement Program. ~ will allow for the requested items to be procured in the most efficient manner. B. -~~ not appropriate requested Funds. .Need for acquisition of replacement equipment would not be addressed. u~ designated for requested equipment would not be expended at this time. ~ for the acquisition of requested items would not be accomplished in the most expedient manner. Fund Appropriation from Prior Year CMERP Recommendation is that City Council concur with Alternative "A" and appropriate $95.068 from Prior Year Capital Maintenance and Equipment Replacement Program to Transfer to Fleet Management Account 001- 004-9310-9506. Also appropriate ~ in Fleet Management Vehicular Account 017-052-2642-9010 and establish revenue budget of $95.068 in Fleet Management Transfer from General Fund Account 017-020-1234- 0951. CC: City Manager City Clerk Director of Utilities & Operations Director, Public Works Manager, Fleet Management Manager, Supply Management Management & Budget Respectfully Submitted, W. Robert Herbert City Manager Mary F. Parker, CMCIAAE c~y C~rk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk August 20, 1997 File #5-184 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33555-081897 authorizing you to execute an employment agreement to provide for polygraph examiner training. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 18, 1997. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Attachment H:~.GENDA.97~,UG.18 W. Robert Herbert City Manager August 20, 1997 Page 2 pc: Wilbum C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance George C. Snead, Jr., Director, Public Safety James L. Viar, Acting Chief, Police Department H:~AGENDA.97~UG.I 8 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 1997. No. 33555-081897. A RESOLUTION authorizing the City Manager to execute an employment agreement to provide for polygraph examiner training. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager is hereby authorized to execute, on behalf of the City, an employment agreement with the City employee selected for polygraph examiner training. The agreement shall require that the employee continue in the employment of the City for a minimum of five (5) years after completion of the training and shall provide for reimbursement of the City, on a prorated basis, of the cost of training if the employee should fail to fulfill such obligation. The agreement, which shall be approved as to form by the City Attorney, shall contain such other terms and conditions deemed reasonable and appropriate by the City Manager. ATTEST: City Clerk. RECEIVED CITY CLERKS OFFICE '97 Al.II3 11 P4:26 August 18, 1997 Council Report #97-413 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: Police Department Polygraph Examiner Employment Agreement I. Backqround II. ao Polygraph examiners must receive formal training and participate in an intern program to comply with the Virginia State Code. Bo A polyqraph examiner candidate will need approximately five (5) years of training and experience before becoming proficient. C o The City must invest approximately $9,400 into the training of a polygraph examiner before a return is realized. Do Polygraph examiner training is a skill which is marketable to other law enforcement agencies. An officer who had been trained as a polygraph examiner, without an employment contract, left the department for other employment within two years of receivin9 this training. E o A polygraph examiner employment agreement will ensure the City is reimbursed on a pro-rated basis for the cost of the training if the employee leaves the department within five years. Current Situation A. The Police Department owns and uses a polygraph instrument in conductin~ criminal investigations. Bo The Police Department is in need of an additional polygraph examiner. Co The Police Department does not currently have an employment agreement for the selected polygraph examiner to sign before attending training. III. Issues A. Additional polygraph examiner B. Investment IV. Alternatives A. City Council approves the employment agreement: 1. Additional polygraph examiner is trained with the agreement to remain in the employment of the City. 2. Investment in training is protected. B o City Council rejects employment agreement: Additional polygraph examiner is trained. The employee acquires a marketable skill without an attached employment agreement. 2. Investment in training is not protected. Vo Recommendation is that City Council approve Alternative A, and take the following actions: ao Authorize the City Attorney to approve as to form, an employment agreement which will equitably protect the City's financial investment in training. Bo Authorize the City Manager to execute this employment agreement prior to polygraph examiner training. Respectfully submitted, W. Robert Herbert City Manager WRH/WJB Attachment cc: City Attorney City Clerk Director of Public Safety Director of Finance Chief of Police AGREEMENT This agreement made and entered into this ~ day of City of Roanoke, a municipal corporation (the "City") and "Employee"). ,1997, by and between the (the WITNESSETH: WHEREAS, Employee is a police officer with the Roanoke City Police Department; and WHEREAS, the City is in need ora qualified polygraph examiner; and WHEREAS, Employee desires to be trained as a polygraph examiner for the department; and WHEREAS, in order to induce the City to allow the employee to attend polygraph examination school and to pay the cost of such schooling, the employee agrees to remain in the employment of the City at, er completion of said training. THEREFORE, in consideration of the mutual promises and undertakings hereina~er set forth, the parties hereto covenant and agree as follows: 1. Employee agrees to attend polygraph examination school for a seven (7) week course of instruction commencing While attending such training Employee shall be entitled to normal pay and benefits as a City employee. City shall pay the cost of such training for Employee, which cost is approximately $9,400.00. 2. Employee agrees to diligently pursue the course of study and shall make every effort to successfully complete the program. 3. Employee agrees to remain in the employment of the City for a period of five (5) years following termination of the assignment whether such termination results from completion of the course of study or for any other reason and, further, expressly agrees to the following conditions: (a) If Employee should terminate employment with the City within the first twenty-four months a_~er termination of the assignment, the Employee agrees to reimburse the City in the amount of $9,400.00. (b) If Employee should terminate employment with the City within the third twelve months a_~er termination of the assignment, the Employee agrees to reimburse the City in the amount H:~AGMTS~OLYGR.AP. of $7,520.00. (c) If Employee should terminate employment with the City within the fourth twelve months after termination of the assignment, the Employee agrees to reimburse the City in the amount of $5,640.00. (d) Il'Employee should terminate employment with the City within the fifth twelve months after termination of the assignment, the Employee agrees to reimburse the City in the amount of $3,760.00. 4. Any reimbursement required under this agreement shall be due and payable prior to the date the Employee terminates employment with the City. 5. In the event of the death of the Employee or illness or injury which would prevent the Employee from remaining in the continuous employment of the City for the five (5) year period after termination of the assignment, the reimbursement requirements stipulated in this agreement shall not be applicable. 6. Should the City, acting pursuant to any existing or then prevailing personnel rules and regulations, terminate the employment of the Employee with the City during the five (5) year period following termination of the assignment, the above provisions for reimbursement shall apply just as if the Employee had terminated his employment. The Employee, however, shall not be required to make any reimbursement should he be laid offor terminated from the City's employ because of lack of funding or for similar reasons not within the control of the Employee. 7. If the Employee should fail to complete the prescribed course of study, whether the failure be for academic or personal reasons, the Employee shall promptly notify the City Manager and shall immediately return to his assigned duties with the City. 8. If during the course of study the conduct of the Employee or his diligence in pursuing the course of study should be, in the judgment of the City Manager, contrary to the best interest of the City or to personnel rules and regulations of the City, then the assignment may be terminated by action of the City Manager and disciplinary action may be taken as the City Manager may deem appropriate, and Employee shall promptly reimburse the City in the amount of $9,400.00. 9. The Employee agrees to abide by any and all reasonable rules and regulations which the City Manager may, from time to time, promulgate relative to the assignment herein provided for H:~AGMTk'M~LYGRAP. or for City employees generally. 10. The Employee hereby agrees that if he tenders his resignation, is terminated, or otherwise leaves the employment of the City for any reason and must reimburse the City pursuant to the above provisions, any or all of the amount owed the City may be deducted by the City from any amount the Employee may be owed by the City for his services. WITNESS the following signatures and seals as of the day and year herein above written: WITNESS EMPLOYEE ATTEST Mary F. Parker, City Clerk CITY OF ROANOKE W. Robert Herbert, City Manager Appropriation and Funds Required for this Contract Certified Director of Finance Date Acct. # Approved as to Form: Approved as to Execution: City Attorney City Attorney H:'~t~G~LYGR.AP. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 20, 1997 File ~0-184-236-304 Patricia L. West, Director Commonwealth of Virginia Department of Juvenile Justice P. O. Box 1110 Richmond, Virginia 23218-1110 Dear Ms. West: I am enclosing copy of Resolution No. 33557-081897 authorizing acceptance of a grant from the Virginia Department of Juvenile Justice, in the amount of $32,518.00, to continue coordinated planning and program implementation of the Office on Youth, and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant and applicable laws, regulations, and requirements pertaining thereto. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 18, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:'*AGENDA.O7~UQ.18 Patricia L. West, Director Commonwealth of Justice Department of Juvenile Justice August 20, 1997 Page 2 pc: Wilburn C. Dibling, Jr., City Attorney -- James D. Grisso, Director of Finance Glenn D. Radcliffe, Director, Human Resources Marion Vaughn-Howard, Youth Planner Diane S. Akers, Budget Administrator, Office of Management and Budget Frank E. Baratta, Grants Compliance Monitor H:~AGENDA.OT~AUG.18 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 1997. No. 33557-081897. A RESOLUTION authorizing acceptance of a grant from the Virginia Department of Juvenile Justice on behalf of the City to continue coordinated planning and program implementation of the Office on Youth, and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant and applicable laws, regulations, and requirements pertaining thereto. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The grant from the Virginia Department of Juvenile Justice, in the amount of $32,518.00, to continue coordinated planning and program implementation of the Office on Youth, as set forth in the City Manager's report dated August 18, 1997, is hereby ACCEPTED. 2. W. Robert Herbert, City Manager, or his designee, is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of this grant and to furnish such additional information as may be required in connection with the City's acceptance of the foregoing grant. All documents shall be approved by the City Attorney. ATTEST: City Clerk. H:' RES',R- YOUTH 97A Mary F. Parker, CMCIAAE c~y Ck, rk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk August 20, 1997 File ~60-184-236-304 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33556-081897 amending and reordaining certain sections of the 1997-98 Grant and General Fund Appropriations, providing for appropriation and transfer of funds in connection with continuation of coordinated planning and program implementation of the Office on Youth. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 18, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment H:~AGENDA. g7~AUG.18 James D. Grisso Director of Finance August 20, 1997 Page 2 pc: W. Robert Herbert, City Manager Glenn D. Radcliffe, Director, Human Resources Marion Yaughn-Howard, Youth Planner Diane S. Akers, Budget Administrator, Office of Management and Budget Frank E. Baratta, Grants Compliance Monitor H:~,GENDA.97~AUG.18 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of August, 1997. No. 33556-081897. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Grant and 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 1997-98 Grant and General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: GrantFund Appropriations Health and Welfare Youth Services Grant 97-98 (1-3) ............................ $ 3,803,172 66,788 Revenue Health and Welfare Youth Services Grant 97-98 (4-5) ............................ $ 3,803,172 66,788 General Fund Appropriations Nondepartmental Contingency - General Fund (6) ............................ Transfers to Other Fund (7) ................................ $ 56,153,627 ( 467,066) 55,360,678 1) Regular Employee Salaries 2) Training and Development 3) Special Projects 4) State Grant Revenue (035-054-8835-1002) (035-054-8835-2044) (035-054-8835-2034) (035-035-1234-7260) $ 51,261 2,400 13,127 32,518 5) Local Match (035-035-1234-7261) $ 34,270 6) Contingency (001-002-9410-2199) (4,642) 7) Transfer to Grant Fund (001-004-9310-9535) 4,642 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. RECEIYED CITY CLERKS OFFICE '97 AUG 13 P4:13 Roanoke, Virginia August 18, 1997 #97-599 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Continuation of Office on Youth Grant I. Background: Grant first officially awarded to City under Virginia Delinquency Prevention and Youth Act on June 17, 1980 to provide programs and activities to Roanoke's children, youth and their families in the areas of prevention and intervention. Bo FY 97-98 youth grant application was submitted to the Department of Juvenile Justice in June, 1997. Grant will provide for continuation of coordinated planning and program implementation of the Office on Youth. D. FY 97-98 grant budget is as follows: Budget State Local Cash Cate.qorv Funds Match TOTAL Personnel $30,188 $21,073 $51,261 Training & Development 0 2,4OO 2,400 Supplies & Other Oper. Expenses 2,330 10,797 13,127 TOTAL $32,518 $34,270 $66,788 Local cash match was included in the FY 97-98 Human Development budget. Department operational budget is level funded with the exception of the salary and benefit category. Additional funding necessary for salary and benefit and the continuing decrease in state funding causes the City to increase match funding. Office on Youth Grant Report//97-599 Page 2 II. III. Current Situation: Council acceptance of the state grant award and appropriation of the local cash match are required before the appropriate city officials can execute the required documents to receive the state funds. Issues: IV. A. Cost B. Continuity C. Staff Alternatives: Authorize the City Mana.qer or his designee to execute the appropriate document to accept the state grant. Cost (local) for Office on Youth in FY 97-98 is $34,270. of which $29,628. has been appropriated in the FY 97-98 budget (Transfer to Grant Fund, account 001-004-9210-9535). Additional cost match of $4,642. is available in contingency 001-002-9410-2199. 2. Continuity of program would be maintained. Staff, consisting of Youth Planner, will continue under the direction of the Director of Human Development. B. Do not authorize the City Manager to accept the state grant. 1. Cost would not be an issue at this time. 2. Continuity would be questionable. Staff, consisting of Youth Planner, and the services provided would be contingent upon the availability of another funding source. Office on Youth Grant Report #97-599 Page 3 Recommendation: It is recommended that City Council adopt Alternative A which will authorize the following' Accept the State Department of Juvenile Justice grant and authorize the City Manager to execute any grant agreement and related documents on behalf of the City in a form approved by the City Attorney. Appropriate $66,788. to revenue and expenditure accounts to be established in the Grant Fund by the Director of Finance for the program ($32,518. will be funded by the State Department of Juvenile Justice) while $34,270. will be funded through Local Match. Transfer $4,642. from General Fund Contingency Account 001-002- 9410-2199 to transfer to Grant Fund Account 001-004-9310-9535. Respectfully submitted, WRH/MVH/mm CC: City Attorney Director of Finance Office of Management & Budget Director of Human Development Youth Planner W. Robert Herbert City Manager Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk August 20, 1997 File ~.40-132 Sandra H. Eakin Deputy City Clerk Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia Dear Mr. Dibling: I am attaching copy of Resolution No. 33543-081897 approving, for purposes of a referendum, the language of a proposed new §4.1 of the Roanoke Charter of 1952 providing for the election of members of City Council under a modified election district plan; approving, subject to a positive referendum on the modified election district plan, a map establishing the boundaries of five proposed election districts for the election of members of City Council; directing and providing for the holding of a referendum in the City to determine whether the qualified voters of the City desire that the City Council request the General Assembly to amend the Roanoke Charter of 1952 to include the proposed new §4.1; and directing you to take any and all required action to implement the election requested by Council, effective January 1, 2000. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 18, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment H:~AGENOA.97~AUG. 18 Wilburn C. Dibling, Jr. City Attorney August 20, 1997 Page 2 pc: Gilbert E. Butler, Jr., Secretary, Roanoke City Electoral Board, 3406 Exeter Street, S. W., Roanoke, Virginia 24014 The Honorable Arthur B. Crush, III, Clerk, Circuit Court W. Robert Herbert, City Manager James D. Grisso, Director of Finance Louella C. Thaxton, General Registrar H:~AGENDA.gT~,UG.18 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk CERTIFIED MAIL - RETURN RECEIPT REQUESTED August 20, 1997 File ff40-132 M. Brace Meadors, Secretary State Board of Elections 101 Ninth Street Office Building Richmond, Virginia 23219-3497 Lorraine M. Thompson, Manager Election Services Division of Legislative Services 101 Ninth Street Office Building Richmond, Virginia 23219-3497 Dear Mr. Meadors and Ms. Thompson: I am enclosing copy of Resolution No. 33543-081897 approving, for purposes of a referendum, the language of a proposed new ~j4.1 of the Roanoke Charter of 1952 providing for the election of members of City Council under a modified election district plan; approving, subject to a positive referendum on the modified election district plan, a map establishing the boundaries of five proposed election districts for the election of members of City Council; directing and providing for the holding of a referendum in the City to determine whether the qualified voters of the City desire that the City Council request the General Assembly to amend the Roanoke Charter of 1952 to include the proposed new ,~4.1; and directing the City Attorney to take any and all required action to implement the election requested by Council, effective January 1, 2000. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 18, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:~AGEND^.97~AUG.18 M. Bruce Meadors, Secretary State of E)ecti'ons 101 Ninth Office Building Richmond, inia 23219-3497 ,, ,, . . desired, end complete returned the ~ETURN TO Spa. ce on th.e., raver, se side. Failure to do this will Pr .e~e. nt this card mn,I ~,,,~l=l requestea, ess to whom delivered, date, and addressee's address. 2. [] Restricted Delivery (E~rn clarke) ~8d tO: (Extra charge) ~r P 514 734 167 Oe of Service: Registered [] Insured Certified [] COD Express Mail [] Always obtain aignmure of sddrea~ or agent ~ Address (ONL¥i requested and fee paid) PS Form 3811, npr. -- ~ ] L ] Il' [ ~ l~ ~[1 S DOMESTIC RETURN RECEIPT complete item~ Lorriane M. Thoepson, Manager Erection, Services. ~O~tsion of Legtstlttve Services ~ Ninth Street Office-Building R{~hmond, Virginia 23219-3497 ) 514 734 166 Type of Service: [] Registered [] Inlurld [] Certified - [] COO [] Exprsil Mail [] Return Rleeim Always obtain lignltUrl of lddmllle Or agent and DATE DELIVERED. requested and fee paid) (~ Y if PS Fo~t DOMESTIC RETURN RECEIF IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 1997. No. 33543-081897. A RESOLUTION approving for purposes of a referendum the language of a proposed new §4.1 of the Roanoke Charter of 1952 providing for the election of members of City Council under a modified election district plan; approving, subject to a positive referendum on the modified election district plan, a map establishing the boundaries of five proposed election dislricts for the election of members of City Council; directing and providing for the holding of a referendum in the City to determine whether the qualified voters of the City desire that the City Council request the General Assembly to amend the Roanoke Charter of 1952 to include the proposed new §4.1; directing the City Attorney to take any and all required action to implement the election requested by this Council; and providing for an effective date. WHEREAS, by motion made at the City Council meeting of April 22, 1996, City Council created the Modified Election District Task Force ("Task Force"), and the Task Force was given the charge not of recommending whether the City should have a modified election dislxict plan ("plan"), but of devising the best plan for the City; WHEREAS, the Task Force, which was composed of neighborhood representatives, placed considerable emphasis on public participation and held eleven public work sessions in eleven different neighborhoods of the City; WHEREAS, the Task Force rendered its final report to City Council on June 16, 1997; WHEREAS. this City Council held public work sessions as to the report of and plan recommended by the Task Force on July 15, July 29 and August 12, 1997; WHEREAS, on July 28, 1997, at 7:00 p.m., this Council held a public hearing at the Roanoke Civic Center at which all members of the public were accorded an opportunity to comment with respect to the report of the Task Force and the proposed plan; WHEREAS, prior to commencing its deliberations, on July 15, 1997, this Council adopted Resolution No. 33496-071597 establishing guidelines to be adhered to by City Council in reviewing and approving a plan for the election of members of City Council and in the drawing of election districts for this Council; WHEREAS,. this Council has approved for referendum a plan and a map recommended by the Task Force, each with amendments, and the Council desires to request a referendum on Tuesday, November 4, 1997, to determine whether the qualified voters of the City desire the City Council to request the General Assembly to amend the Roanoke Charter of 1952, as amended, to incorporate the plan; and WHEREAS, §15.1-834, Code of Virginia (1950), as amended ("State Code"), authorizes this Council to provide for the holding of an election to be conducted as provided for in §24.2-684 (formerly §24.1-165) of the State Code to determine if the qualified voters of the City desire that it request the General Assembly to amend the Roanoke Charter of 1952, as amended, to incorporate the proposed plan; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 2 1. City Council hereby approves proposed new §4.1 to replace current §4 of the Roanoke Charter of 1952, a copy of which is on file in the Office of City Clerk and which is attached to and incorporated in the report of the City Attorney, dated August 18, 1997, as Exhibit l, as the proposed Charter amendment to be the subject of a referendum pursuant to §15.1-834 of the State Code. 2. City Council hereby approves a map establishing the boundaries of five election districts for the City of Roanoke, entitled "City of Roanoke, Amended Five Districts", a copy of which is on file in the Office of City Clerk, such map having previously been approved by motion adopted at the Special Meeting of Council held on July 29, 1997. Approval of such map by City Council is subject to approval by the qualified voters of the City of the plan at referendum. 3. Pursuant to §15.1-834 of the State Code, an election shall be held in the City on November 4, 1997, to determine whether the qualified voters of the City will approve the proposed new §4.1 of the Roanoke Charter of 1952 and the repeal of current §4 of the Roanoke Charter of 1952, as amended, to establish a modified election district plan. 4. Such election shall be conducted and the results ascertained and certified in the manner prescribed by law for the conduct of special elections. 5. Pursuant to § 15.1-834 of the State Code, the City Clerk is hereby directed to give public notice of such election, setting forth the time and place thereof, by publishing a notice including the text or an informative summary of the proposed Charter amendment in a newspaper of general circulation published in the City at least ten days prior to the date of such election. 6. The Electoral Board of the City shall forthwith cause proper ballots to be prepared for use at such election, and such ballots shall, pursuant to §24.2-684 of the State Code, state the question as follows: Shall the Roanoke City Charter of 1952, as amended, be amended effective January 1, 2000, to provide for a seven member City Council consisting of a Mayor and Vice-Mayor separately elected at large and five (5) Council members who shall each be elected from and be a qualified voter in an election district established by Council with one Council member from each district? [] YES [] NO 7. The City Clerk is hereby authorized to execute a petition on behalf of City Council praying that the Circuit Court for the City of Roanoke order that a referendum be held, pursuant to §§ 15.1-834 and 24.2-684 of the State Code, with respect to the proposed modified election district plan and to execute and/or attest any other petitions, motions, pleadings, applications, certificates and legal papers as shall be necessary to permit the foregoing question to be placed on the ballot at referendum to be held on November 4, 1997. 8. The City Attorney shall be authorized to file, for and on behalf of the City, any petitions, motions, pleadings, applications, certificates and other legal papers with Federal and State Courts and administrative agencies as are deemed necessary and proper by him to permit the foregoing question to be considered at referendum on November 4, 1997. 9. This resolution shall be in full force and effect upon its passage. ATTEST: City Clerk CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION RECEIVED CITY CLERKS OFFICE '97 OCT 28 A2:02 DATE: October 27, 1997 TO: FROM: Mary F. Parker, City Clerk Wilbum C. Dibling, Jr., City Attorney'S[ Public Notice of Election District Referen~lum At the City Council meeting of October 22, 1997, City Council directed me to prepare an explanation of the referendum question with respect to the election district proposal. City Council directed that the explanation of referendum question be published, along with the ballot question, in both newspapers in a display advertisement once during the week preceding the November 4, 1997, election. I am attaching a Public Notice of Election District (Ward) System Referendum and Explanation of Referendum Question to be published by you in accordance with City Council's instructions. On Friday, October 24, 1997, I forwarded a draft of the attached Public Notice to City Council members by FAX for their review and comment by 12:00 noon on October 27, 1997. I have received comments from the Mayor only, and his suggestions, which were incorporated, were intended to make the Public Notice more neutral. Thank you for seeing to the publication of this item in accordance with City Council's direction. WCD:f Attachment cc: The Honorable David A. Bowers, Mayor W. Robert Herbert, City Manager Angelita Plemmer, Public Information Officer H: ~ASUI~8 ~-pARpUB. ~. RECEIVED CITY r~ ~'pl~'~ ,.,,-~.,.,,,~ OFF [~;' CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICA~j~O~T 29 P 1:04 DATE: October 28, 1997 TO: FROM: Louella C. Thaxton, General Registrar Wilburn C. Dibling, Jr., City Attorney Explanation of Referendum Question Section 24.2-687, Code of Virginia (1950), as amended, authorizes the City Council to publish an explanation for each referendum question to be submitted to the voters. In this connection, I am enclosing the explanation published as to the election district proposal. This explanation will be published in The Roanoke Times and the Roanoke Tribune on Thursday, October 30, 1997. City Council requests that you post the explanation as authorized by §24.2-687, a copy of which is attached, at the polling places on the day of election. Accordingly, I am enclosing 32 copies of the explanation with the request that you see to the posting at each of the polling places. Thank you very much for your cooperation in this matter. WCD:f Attachments cc: W.~bert Herbert, City Manager ~Sda~ F. Parker, City Clerk NOTICE OF CHARTER AMENDMENT REFERENDUM TO THE QUALIFIED VOTERS OF THE CITY OF ROANOKE: TAKE NOTICE, that pursuant to §§ 15.2-201 and 24.2-684 of the Code of Virginia (1950), as amended, and Resolution No. 33543-081897, adopted by the Council of the City of Roanoke on August 18, 1997, a referendum will be held in the City of Roanoke on Tuesday, November 4, 1997, at the usual voting places and between the hours of 6:00 a.m. Eastern Standard Time and 7:00 p.m., Eastern Standard Time, to determine whether the qualified voters of the City desire that it request the General Assembly to amend the Roanoke Charter of 1952, as amended, to provide for a seven member City Council consisting of a Mayor and Vice-Mayor separately elected at large and five Council members who shall each be elected fi:om and be a qualified voter in an election district established by Council with one Council member fi:om each district. The proposed Charter amendment, if enacted by the General Assembly, would be effective January 1, 2000, and the first election under the amended Charter would occur on the first Tuesday in May, 2000, when the Mayor and three Council members would be elected for terms of four years and the Vice-Mayor and two Council members would be elected for terms of two years. The language of the proposed Charter amendment is on file for public review in the Office of City Clerk. GIVEN under my hand this 1st day of October, 1997. Mary F. Parker, City Clerk Publish in the Roanoke Times, once on Friday, October 17, 1997. Send publisher's affidavit and bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Ad Number: 658966 Publisher's Fee: $100.30 ROANOKE CITY CLERK'S OFF ATT: MARY PARKER, CLERK 215 CHURCH AVE SW RM 456 ROANOKE, VA 24011-1536 The Roanoke Times RECEtVE. D CITY CLE,RKS ~7 NOV-4 /111:04 STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, 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: 10/17/97 FULL RUN - Friday Witness, this 20th day of October 1997 Authorized Signature §§15.2-201 and 24.2o6~4 of 33543-081897, adopted by the Coum~l of the City, of Rolnobe o~1 Au~ult 18, 1997, city of Ro~nok~ on Tue~, No~ 4, t997, mt the usual votln~ places and a.m. Eastom Stond~d Time and 7:00 p,m., ~ Stan- dard Time, to determine ~vhether tim quallf~d voto~ of the General Assembly to amend the Rodm~ Charter of ~.952, as ame~erl, to pmvibe cll conslittnl[ of a Mayor and from ~ be a qualified voter in an/?nctlofl dlltl~t asto/Misttnd pro~asnd Charier If enacted by the General the Mayor and three Council membe~ would be ele~tnd for Cl~k, GIVEN undm' my hand this day of October, (6589~6) PUBLIC NOTICE OF ELECTION DISTRICT (WARD) SYSTEM REFERENDUM AND EXPLANATION OF REFERENDUM QUESTION The Council of the City of Roanoke hereby gives notice of the November 4, 1997, referendum to be held in the City as to the proposed election district (ward) system for election of members of City Council. City Council intends to provide public information to assist the City's voters in making an informed decision as to the proposal. Therefore, the City Council has directed the City Attorney to prepare this explanation of the referendum question pursuant to §24.2-687, Code of Virginia (1950), as amended. EXPLANATION OF REFERENDUM QUESTION Currently, the seven members of City Council, including the Mayor and Vice-mayor who are members of Council, are elected at large by the voters. This means that the voters vote for each of the seven Council members, and each of the seven members of Council represents the entire City. Under the current system, the Vice-Mayor is the Council candidate who received the largest number of votes in the most recent regular Council election, and this person serves as Vice-Mayor for a two-year tenn. Under the proposed new system, five members of City Council would be elected from single-member election districts (wards). A district representative on City Council would have to be a resident of the district from which he or she is elected. Each voter would vote for only one district representative from the district in which the voter resides. City Council would establish the boundaries of the election districts. The Mayor would continue to be separately elected at-large by all the voters. Under the proposed new system, the Vice- Mayor would also be separately elected at large by all the voters. The first election under the new system would occur on the first Tuesday in May, 2000, when the Mayor and three Council members would be elected for four-year terms, and the Vice-Mayor and two Council members would be elected for two-year terms. Thereafter, all Council members, including the Mayor and Vice-Mayor, would be elected for four-year terms. If a majority of the voters voting on the ballot question at the November 4, 1997, referendum vote in favor of the new election procedures, City Council will request the 1998 Session of the General Assembly to amend the City Charter to implement the new election procedures. BALLOT QUESTION Shall the Roanoke City Charter of 1952, as amended, be amended effective January 1, 2000, to provide for a seven member City Council consisting of a Mayor and Vice-Mayor separately elected at large and five (5) Council members who shall each be elected t~om and be a qualified voter in an election district established by Council with one Council member from each district? [] YES [] NO GIVEN under my hand this 27th day of October, 1997. Mary F. Parker, City Clerk H:\ELECT\PU~L~C~.~ ~ CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-2431 WILBURN C. DIBLING, JR. FACSIMILE: 540-853-1221 CITY ATTORNEY E-MAIL:cityatty@ci.roanoke.va.us RECEIVED CITY CLERKS O~FIC:% t~VIl~l~'~ PARSONS ~ STE~'~.. TALEVI GLADYS L. YATES GARY E. TEGENKAMP ASSISTANT CITY ATTORNEYS August 18, 1997 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Modified Election District Plan Dear Mayor Bowers and Council Members: At the City Council work session of August 12, 1997, City Council completed its work with respect to the proposed modified election district plan. City Council has agreed to a referendum on November 4, 1997. City Council has also agreed to the specific language of a proposed Charter amendment that will be the subject of the referendum (attached to this report as Exhibit 1), the question to be placed on the ballot at referendum (attached to this report as Exhibit 2) and a map of the proposed five election districts for the election of members of City Council. A copy of the map, which was adopted by City Council by motion at its Special Meeting of July 29, 1997, is on file in the Office of City Clerk. By the attached resolution, City Council may formalize its decisions previously made by motions adopted at the Council work sessions of July 15, July 29 and August 12, 1997. The attached resolution also authorizes the City Attorney to file a motion with the Circuit Court for the City of Roanoke requesting that the Court enter an order, pursuant to §24.2- 684, Code of Virginia (1950), as amended, directing that a referendum be held on November 4, 1997. I will also seek Depamnent of Justice preclearance under the Voting Rights Act as to the date and procedures relating to the referendum (this is not preclearance of the substance of the plan which will come only after a positive referendum and enactment by the General Assembly of the proposed Charter amendment). H: ~ELECT\L-~LAC. 1 Honorable Mayor and Members of City Council August 18, 1997 I will be pleased to answer any questions members of Council have with respect to these matters. With kindest personal regards, I am Sincerely yours, Wilbum C. Dibling, Jr. City Attorney WCD:f cc: W. Robert Herbert, City Manager Mary F. Parker, City Clerk it: \ELE~\L-~. 1 Roanoke City Charter Proposed §4.1 to Replace Current §4 §4.1 Composition of council; election of mayor, vice-mayor and members; terms; creation of election districts: vacancies; continuing body. (a) On and after July 1, 2000, the council shall consist of the mayor, vice-mayor and five (5) other members to be elected and to serve for the terms set forth in this section. (b) The mayor of the city shall be elected at large by the qualified voters of the city on the first Tuesday in May, 2000. The mayor shall serve for a term of four (4) years from the first day of July next following the date of election and until a successor is elected and qualified. (c) The vice-mayor of the city shall be elected at large by the qualified voters of the city beginning with the regular councilmanic election on the first Tuesday in May, 2000. The vice-mayor elected on the first Tuesday in May, 2000, shall serve for a term of two (2) years from the first day of July next following the date of election and until a successor is elected and qualified. Beginning with the election on the first Tuesday in May, 2002, and thereafter, the vice-mayor shall be elected for a term of four (4) years from the first day of July next following the date of election and until a successor is elected and qualified. (d) In addition to the mayor and the vice-mayor, the council shall consist of five (5) members who shall be elected from and be qualified voters in election districts established by council with one (1) council member to be elected from each district. The election districts shall be designated district 1, district 2, district 3, district 4 and district 5, and the boundaries of each district shall be established by ordinance of city council pursuant to subsection (e) of this section. On the first Tuesday in May, 2000, three (3) council members shall be elected, one (1) each from districts 1, 4 and 5, for terms of four (4) years, and two (2) Council members shall be elected, one (1) each from districts 2 and 3, for terms of two (2) years. Thereafter, Council members shall serve for terms of four (4) years. All terms of council members shall commence on the first day of July next following the date of election, and all council members shall serve until their successors have been duly elected and qualified. H: ~I~'LgC~ \Cl-m.g~. 3 EXHIBIT 1 (e) The Council shall, by ordinance and in accordance with the general laws of the Commonwealth, divide the City into five election districts for the purpose of electing one member of council from each such district. (f) Nothing herein contained shall be construed to affect the terms of council members elected or appointed under the provisions of this charter prior to the regular councilmanic election in the year 2000 or thereafter until their respective terms expire. (g) No person may be a candidate for the office of mayor or the office of vice-mayor and for the office of council member in the same election. (h) Any vacancy in the office of mayor, vice-mayor or council member shall be filled within thirty days, and until the day upon which the terms of office of council members elected in the next following regular councilmanic election shall commence, by a majority vote of the remaining members of council, and if as much as two years of any such unexpired term of the mayor, vice-mayor or member of council remains at the time of such next regular councilmanic election, a mayor or vice-mayor or council member, as the case may be, shall be elected at said election for the remaining portion of such unexpired term. Any vacancy in an election district shall be filled by a qualified voter of such district. (i) The council shall be a continuing body, and no measure pending before such body shall abate or be discontinued by reason of the expiration of the term of office or removal of the members of said body, or any of them. D081397F BALLOT QUESTION Shall the Roanoke City Charter of 1952, as amended, be amended effective January 1, 2000, to provide for a seven member City Council consisting of a Mayor and Vice-Mayor separately elected at large and five (5) Council members who shall each be elected from and be a qualified voter in an election district established by Council with one Council member from each district? [] YES [] NO EXHIBIT 2 City of Roanoke Amended Five Districts S Prepared by the Fifth Planning Distdct Commission, January 1997. Source: 1990 US Census Data and 1992 US Census TIGER Line files. APPROVED BY MOTION ADOPTED AT JULY 29, 1997, 3PECIAL MEETING OF CITY COUNCIL. Amended 5 Districts ~ District 1 District 2 ~ District 3 ~ District 4 District 5 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 20, 1997 File #207-373-516 Don Benasich, Director Retail Operations Orris Services, Inc. Historic Route 7A Manchester, Vermont 05254-0798 Dear Mr. Benasich: I am enclosing copy of Ordinance No. 33542-081897 authorizing extension of the lease agreement between the City and Orvis Roanoke, Inc., for premises in the Market Square Parking Garage building, 19 Campbell Avenue, for a period of five years from September 1, 1997 to August 31, 2002, at a base monthly rent of $779.45, with an annual adjustment based upon the Consumer Price Index, plus a percentage of sales, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, August 4, 1997, also adopted by the Council on second reading on Monday, August 18, 1997, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:~.GENDA.gT~AUG.18 Don Benasich, Director Retail Operations Orvis Services, Inc. August 20, 1997 Page 2 pc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Dana D. Long, Chief, Billings and Collections Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Barry L. Key, Manager, Office of Management and Budget Phillip F. Sparks, Chief, Economic Development E. Douglas Chittum, Economic Development Specialist H:~AGENDA.97~AUG.18 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 1997. No. 33542-081897. AN ORDINANCE authorizing extension of the lease agreement between the City and Orvis Roanoke, Inc., for the premises located in the Market Square Parking Garage building, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, an extension of the lease agreement for the premises in the Market Square Parking Garage building at 19 Campbell Avenue, such lease extension to be for a period of five years from September 1, 1997 to August 31, 2002, at a base monthly rent of $779.45, with an annual adjustment based upon the Consumer Price Index, plus a percentage of sales, as more particularly set forth in the report to this Council dated August 4, 1997, and upon such other terms and conditions as are deemed by the City Manager to be in the City's best interest. ATTEST: City Clerk. H:',,ORD',O-ORVIS °' August 4, 1997 Report No. 97-350 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Market Square Garage Lease with Orvis Roanoke, Inc. The attached staff report was considered by the Water Resources Committee at its regular meeting on July 21, 1997. The Committee recommends that Council authorize the extension of the lease agreement between the City and Orvis Roanoke, Inc., at 19 Campbell Avenue for a period of five years from September 1, 1997, to August 21, 2002, in a form approved by the City Attorney, in accordance with conditions stated in the attached report. Respectfully submitted Chairperso( Water Resources Committee LFW:KBK:afm Attachment Wilbum C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations Barry L. Key, Manager, Management & Budget Dana Long, Chief of Billings & Collections Report No. 97-350 INTERDEPARMENT COMMUNICATION DATE: July 21, 1997 TO: FROM: Members, Water Resources Committee ~,,'o~afe]3' .~_,~, Director of Utilities and Operations '~ttr%-tigh ~;~. Robert Herbert, City Manager SUBJECT: MARKET SQUARE GARAGE LEASE WITH ORVIS ROANOKE, INC. BACKGROUND: A. Orvis Roanoke~ Inc~ currently leases approximately 3000 square feet of retail space from the City of Roanoke in the Market Square Garage (19 Campbell Avenue). B. Terms of the lease agreement call for the lease to expire on August 31, 1997. C. Rent on the space has been calculated using a base monthly rent, adjusted annually, based on the Consumer Price Index (CPI) plus a percentage of retail sales. Rent collected for 1996 was: 12 mo. X $779.45/mo. = $ 9,353.40 % of sales = $15,710.97 TOTAL RENT $25,064.37 CURRENT SITUATION: A. Qrvis Roanoke, Inc. desires to renew the lease for a five year period to insure the continuation of their retail store operation. (See attached letter.) B. Term~ of the lease, including the monthly rent with annual CPI adjustment and the percentage of sales to be paid to the City as rent, would remain the same. ISSUES: A. Timing. B. Economic Development. C. Income to the City. Water Resources Committee July 21, 1997 Page 2 Ve ALTERNATIVES: A. Committee recommend that City Council authorize the extension of the lease agreement between the City and Orris Roanoke, Inc., at 19 Campbell Avenue for a period of five years from September 1, 1997 to August 31, 2002, in a form approved by the City Attorney. 1. Timing would be met by Orvis to ensure continuous operation of their retail operation at 19 Campbell Avenue. 2. Economic Development in the City would be enhanced. The City's desire to maintain a quality retail tenant in the Market Garage would be fulfilled. Bo 3. Income to the Ci~ would continue. Committee not recommend that City Council authorize the extension of the lease agreement between the City and Orris Roanoke, Inc. 1. Timing for Orvis Roanoke, Inc. would not be met. 2. Economic Development opportunity in the downtown Market Area would be lost. 3. Income to the City could be jeopardized. RECOMMENDATION: Committee recommend that City Council authorize the extension of the lease agreement between the City and Orris Roanoke, Inc., at 19 Campbell Avenue for a period of five years from September 1, 1997 to August 21, 2002, in a form approved by the City Attorney. WRH/EDC:kdc cc: Director of Finance City Attorney Manager, Management and Budget Director of Utilities and Operations Director of Public Works Billings and Collections E17/15/1'3'37 09:05 91:30'736'28688 RETAIL PAGE July 15, 1997 E. Douglas Chittum Roanoke Office of Economic Development 215 Church Ave., SW Room 355 Municipal Bldg. Roanoke, VA 24011 Dear F. Douglas Chittum:: This letter is to acknowledge our intent in renewing the lease at Avenue, Roanoke, Virginia 24011. Thanks in advance for your help and cooperation in this matter.. Don Benasich Direc'(or of Retail Operations 19 Campbell ORris 5~Rvlc~s, I~¢ DB:sa HISTORIC ROUTE 7A J~NCH,~,STE~. VERMONq' 05ZS~.-OTgg Tt!,/802-362-1300 Fkx/80g-362-0232 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 20, 1997 File #367-467 Mrs. Susanna F. Bingley c/o Mrs. Martha F. Parrott 3164 West Ridge Road, S. W. Roanoke, Virginia 24014 Dear Mrs. Bingley: I am enclosing copy of Resolution No. 33558-081897 memorializing the late William W. Field, Jr. The Members of the Roanoke City Council and the citizens of the City of Roanoke extend their deepest regrets at the passing of Mr. Field. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 18, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:~AGENDA. 97~AUG.18 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 20, 1997 File #367-467 Mrs. Martha F. Parrott 3164 West Ridge Road, S. W. Roanoke, Virginia 24014 Dear Mrs. Parrott: I am enclosing copy of Resolution No. 33558-081897 memorializing the late William W. Field, Jr. The Members of the Roanoke City Council and the citizens of the City of Roanoke extend their deepest regrets at the passing of Mr. Field. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 18, 1997. Sincerely, Mary F. Parker, CMClAAE City Clerk MFP:sm Enc. H:~,GENDA. 9?~UG.18 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of August, 1997. No. 33558-081897. A RESOLUTION memorializing the late William W. F:.;!d, Jr. WHEREAS, the members of this Council have learned, with sorrow, of the passing on August 2, 1997, of William W. Field, Jr., a distinguished educator and community leader; WHEREAS, Mr. Field was an educator for more than thirty years, nineteen of which were spent in the Roanoke City School Division where he served as teacher, track coach, guidance counselor, Assistant Principal at Woodrow Wilson Junior High School and Jefferson High School, and Principal at James Monroe Junior High School and Woodrow Wilson Junior High School; WHEREAS, Mr. Field also taught graduate courses for the University of Virginia, Roanoke Center, and was retired from First Union Corporation; WHEREAS, Mr. Field had served as President of the Roanoke Education Association and as a Member of the Board of Directors of Planned Parenthood and Big Brothers - Big Sisters, and he was a Vestry Member at St. John's Episcopal Church; WHEREAS, Mr. Field had a gift for working with people and was much loved by students and parents of the Roanoke City School Division where he was known for the innovative disciplinary methods he developed; WHEREAS, Mr. Field was also an accomplished pianist who gave freely of his time and talent; and WHEREAS, this Council desires to take special note of the passing of this distinguished Roanoker; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Council adopts this means of recording its deepest regrets at the passing of William W. Field, Jr., former educator and community leader, and extends to his daughters, Martha Field Parrott of Roanoke and Susanna Field Bingley of Blacksburg, the sympathy of this Council and that of the citizens of this City. 2. The City Clerk is directed to forward attested copies of tiffs resolution to Mrs. Parrott and Mrs. Bingley. ATTEST: City Clerk. Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk August 20, 1997 File ft66-102-132-184-223-514 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke on Monday, August 18, 1997, Council Member Swain commended Norfolk Southern and City employees on improvements in the 24th Street area. He suggested that the City review the criteria used by Norfolk Southern in connection with future underpass inspections, and *that the City periodically monitor the condition of the 24th Street/Shaffers Crossing Underpass. He expressed concern with regard to electrical wires/cables, and suggested that they be identified as Iow voltage, high voltage, etc. The matter was referred to you for appropriate response. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm pc: Rose M. Woodford, Executive Secretary, City Manager's Office William F. Clark, Director, Public Works H:~,AGENDA.97~AUG,18 Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk August 20, 1997 File ff66-132-188-501 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke on Monday, August 18, 1997, Vice-Mayor Wyatt referred to a telephone call from a citizen expressing concern that Trigon Blue Cross Blue Shield does not recognize the City's E-911 emergency ambulance service as a participating provider. The matter was referred to you for appropriate response. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc; Rose M. Woodford, Executive Secretary, City Manager's Office George C. Snead, Jr., Director, Public Safety James Grigsby, Chief, Fire and Emergency Medical Services H. David Hoback, Battalion Chief/EMS Operations H:'~AGENDA.gT~AUG.18 RECEIVED CITY CLERKS OFFICE Office of the City Manager T/ SEP-5 P3:32 August 29, 1997 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Council Members: This is to follow up on your comments from the August 18, 1997, Council meeting concerning the City of Roanoke ambulance billing practices related to accepting Trigon payments as a participating member. Currently, the City of Roanoke does not qualify in any of the Trigon Health Care plans sold in Virginia. Medical transport services in the state of Virginia (private or public) currently do not contract with Trigon to accept assignment (allowable fee) as reimbursement for ambulance transportation. The majority of Virginia's pre-hospital care systems are volunteer based which .provide ambulance transports for no fee. Therefore, no provisions were made within Trigon BCBS policies to allow contracts between medical transport services that are fee based. Mr. Paul Clarey, Manager of Health Care Programs for Virginia Trigon, informs us that regulations are in the process of being drafted that will allow contracts between fee based medical transport services and different BCBS policies. According to Mr. Clarey, these drafts will be finalized by January 1998 and will have provisions for most of Virginia's BCBS policyholders. Trigon BCBS accounts for only 6.64% of our total ambulance charges which generate income of $81,851. Any provision for participation, notwithstanding the co-pay, will affect the income we currently receive from those ambulance transports. We will monitor the progress of the pending regulations and keep you advised on this issue. Respectfully, W. Robert Herbert City Manager CCi Mary Parker, City Clerk George C. Snead, Director of Public Safety Room 364 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 981-2333 FAX (540) 224-3138 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 20, 1997 File #15-132-226 The Honorable Linda F. Wyatt Vice-Mayor 2543 Round Top Road, N. W. Roanoke, Virginia 24012 Dear Ms. Wyatt: At a regular meeting of the Council of the City of Roanoke on Monday, August 18, 1997, you were reappointed as a City representative to the Total Action Against Poverty Board of Directors for a term ending August 31, 1999. ~-'"'"*""'~'Sincerely' Mary F. Parker, CMCIAAE City Clerk MFP:sm pc: Theodore J. Edlich, III, Executive Director, Total Action Against Poverty, P. O. Box 2868, Roanoke, Virginia 24001 Sandra H. Eakin, Deputy City Clerk H:~AGENDA.OT~AUG.18 FROM : RORNIDKE RHONE NO. : 540 342 4280 o£ ~ti9. 14 2037 10:35RM P~ Plc~,/tYs: R.nne Tatum AUG-14-199'7 11:27 540 ,,..~2 4280 P.O1 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011- ! 536 Telephone: (540) 853-2541 Fax; (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk September 4, 1997 File ~411 Ms. Angola E. Norman 1731 Michael Street, N. W. Roanoke, Virginia 24017 Dear Ms. Norman: Your request to address Council with regard to Affirmative Action concerns in the City of Roanoke will be included on the docket for the Monday, September 22, 1997 Council meeting at 7:00 p.m. The Council meeting would normally be held on September 15; however, due to the First Leadership Conference sponsored by the Fifth Planning Distdct Commission in Chattanooga, Tennessee, the meeting has been rescheduled to September 22. With kindest regards, I am Sincerely, Mary F. Parker, CMC/AAE CitY Clerk MFP:sm MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 20, 1997 File ~.40-467 Gilbert E. Butler, Jr., Secretary Roanoke City Electoral Board 3406 Exeter Street, S. W. Roanoke, Virginia Louella C. Thaxton General Registrar Roanoke, Virginia Dear Mr. Butler and Ms. Thaxton: I am enclosing copy of Ordinance No. 33559-081897 temporarily changing the polling place for Raleigh Court No. 2 Precinct from Woodrow Wilson Middle School to Roanoke Church of Christ, 1606 Brandon Avenue, S. W., for the November 4, 1997 and May 5, 1998 general elections, and any primary or special elections required during the 1997- 1998 school year only. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 18, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:~AGENDA.gT~AUG.I 8 Gilbert E. Butler, Jr. Louella C. Thaxton August 20, 1997 Page 2 pc: Marsha W. Ellison, Chair, Roanoke City School Board, 2030 Knollwood Road, S. W., Roanoke, Virginia 24018 Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance H:~AGENDA.97~AUG.18 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 4.56 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 MARY F. PARKER, CMC/AAE City Clerk CERTIFIED MAIL - RETURN RECEIPT REQUESTE .n SANDRA H. EAKIN Deputy City Clerk August 20, 1997 File ~f-40-467 M. Bruce Meadors, Secretary State Board of Elections 101 Ninth Street Office Building Richmond, Virginia 23219-3497 Lorraine M. Thompson Manager, Election Services Division of Legislative Services 101 Ninth Street Office Building Richmond, Virginia 23219-3497 Dear Mr. Meadors and Ms. Thompson: I am enclosing copy of Ordinance No. 33559-081897 temporarily changing the polling place for Raleigh Court No. 2 Precinct from Woodrow Wilson Middle School to Roanoke Church of Christ, 1606 Brandon Avenue, S. W., for the November 4, 1997 and May 5, 1998 general elections, and any primary or special elections required during the 1997- 1998 school year only. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 18, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:~AGENDA.97~,UG. 18 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 1997. No. 33559-081897. AN ORDINANCE temporarily changing the polling place for Raleigh Court No. 2 Precinct from Woodrow Wilson Middle School to Roanoke Church of Christ, 1606 Brandon Avenue, S.W.; providing for an emergency and an expiration date for this ordinance. WHEREAS, Woodrow Wilson Middle School will be under renovation during the 1997-1998 school year, and such renovation will make unavailable the normal polling place for Raleigh Court No. 2 Precinct; WHEREAS, the Electoral Board has recommended the establishment of a temporary polling place for Raleigh Court No. 2 Precinct at Roanoke Church of Christ, 2606 Brandon Avenue, S.W., Roanoke, Virginia 24018, and such temporary polling place is within the boundaries of Raleigh Court No. 2 Precinct as authorized by §24.2-310, Code of Virginia (1950), as amended; and WHEREAS, the temporary change of polling place for Raleigh Court No. 2 Precinct was duly advertised in a newspaper having general circulation once a week for two consecutive weeks pursuant to §24.2-306, Code of Virginia (1950), as amended, and a public hearing with respect to such proposed temporary relocation was held on August 18, 1997; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Notwithstanding §10-60, Code of the City of Roanoke (1979), as amended, the polling place for Raleigh Court No. 2 Precinct shall be relocated from Woodrow Wilson Middle School to Roanoke Church of Christ, 2606 Brandon Avenue, S.W., in this City, for the 1997-1998 school year only. 2. Such temporarily relocated polling place shall be applicable for the November 4, 1997, and May 5, 1998, general elections and any primary or special elections required during the 1997-1998 school year only. 3. The City Clerk is directed to forward attested copies of this ordinance to Louella C. Thaxton, General Registrar, so that notice of this change in polling place can be mailed to all registered voters of Raleigh Court No. 2 Precinct as required by §24.2-306, Code of Virginia (1950), as amended, and to the Secretary of the Roanoke City Electoral Board, the State Board of Elections and the Division of Legislative Services. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage and shall expire by its own terms on the last day of the 1997-1998 Roanoke City Public School Year. Upon the expiration of this ordinance, the polling place for Raleigh Court No. 2 Precinct shall be returned to Woodrow Wilson Middle School without further action of this Council. ATTEST: H:hMEASURES\O-POLCHA.3 City Clerk. CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: July 23, 1997 TO: FROM: RE: Mary F. Parker, City Clerk Wilbum C. Dibling, Cit~ Attorney Temporary_ Relocation of Polling Place for Raleigh Court No. 2 Precinct City Council has established a public hearing for August 18, 1997, as to the proposed temporary relocation of the polling place for Raleigh Court No. 2 Precinct. In connection with this public hearing, I am pleased to attach the Notice of Public Hearing which should be published on August 4 and August 11, 1997. I am also attaching the ordinance that should be considered by City Council after the public hearing on August 18. Please contact me if you have any questions with respect to this matter. WCD:f Attachments cc: Louella C. Thaxton, General Registrar NOTICE OF PUBLIC HEARING Pursuant to §24.2-306, Code of Virginia (1950), as amended, the Council of the City of Roanoke will hold a public hearing on Monday, August 18, 1997, at 7:00 p.m., in the Council Chamber of the Municipal Building, 215 Church Avenue, S. W., in the said City on the proposed temporary relocation of the polling place for the Raleigh Court No. 2 Precinct bom Woodrow Wilson Middle School to Roanoke Church of Christ, 2606 Brandon Avenue, S. W., Roanoke, Virginia. A description and map of the proposed temporary change in polling place may be inspected at the Office of the General Registrar. The temporary relocation of the polling place for Raleigh Court No. 2 Precinct would be effective for the November 4, 1997, and May 5, 1998, general elections and any primary or special elections required during the 1997-1998 school year only. All parties in interest and citizens may appear on the above date and be heard on this issue. GIVEN under my hand this l~t day of August, 1997. Mary F. Parker, City Clerk NOTE TO PUBLISHER: Publish once on August 4, 1997, and once on August 11, 1997. Send publisher's affidavit and bill to: Mary F. Parker, City Clerk Room 456 Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 Publish in the Roanoke Tribune, once on Thursday, August 7, 1997. Send publisher's affidavit and bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 l- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 20, 1997 File #24-51 Gilbert E. Butler, Jr., Chair City Planning Commission 3406 Exeter Street, S. W. Roanoke, Virginia 24014 Dear Mr. Butler: The Council of the City of Roanoke held a public hearing on Monday, August 18, 1997, with regard to a proposed amendment to Section 36.1-428, Chapter 36.1, ~, Code of the City of Roanoke (1979), as amended, by creating an item (3) relative to restricting the number of ungaraged motor vehicles that may be parked or stored on a lot in the RS-3, Residential Single-family District. The proposed ordinance was defeated pursuant to a 0-6 (Council Member White was absent) vote of the Council. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm H:~AGENDA.g?~,UQ.18 Gilbert E. Butler, Chair City Planning Commission August 20, 1997 Page 2 pc: Mr. Michael F. Urbanski, 10 S. Jefferson Street, Roanoke, Virginia 24011 Mr. Douglas M. Gimbert, 1534 Seibel Drive, N. E., Roanoke, Virginia 24012 Ms. Donna D. Haley, 315 King George Avenue, S. W., Roanoke, Virginia 24016 Mr. Dennis W. Sink, 1113 - 13th Street, S. E., Roanoke, Virginia 24013 Mr. John H. Kennett, Jr., 133 Kirk Avenue, S. W., Roanoke, Virginia 24011 Mr. William T. Cox, 222 Wentworth Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Ronald L. Bowles, 3449 Norway Avenue, N. W., Roanoke, Virginia 24017 Mr. Artist A. Jacobs, 202 Crittendon Avenue, N. E., Roanoke, Virginia 24012 Mr. Jerry W. Hubble, 2936 Richard Avenue, N. E., Roanoke, Virginia 24012 Mr. Norman A. Altizer, 2638 Idlewild Boulevard, N. E., Roanoke, Virginia 24012 Mr. Henry A. Trail, 3052 Parham Drive, S. E., Roanoke, Virginia 24014 Mr. Edward W. Mooneyham, 606 Albemarle Avenue, S. E., Roanoke, Virginia 24013 Mr. Charles W. Hancock, 1016 Estates Road, S. E., Roanoke, Virginia 24014 Mr. Victor L. Bradshaw, 811 Riverdale Road, S. E., Roanoke, Virginia 24014 Mr. Ben A. Burch, III, 923 Curtis Avenue, N. W., Roanoke, Virginia 24012 Mr. Mark A. Gimbert, 1742 Plantation Road, N. W., Roanoke, Virginia 24012 Mr. Phillip P. Wright, 1646 Center Hill Drive, S. W., Roanoke, Virginia 24015 Mr. John R. Graybill, 2443 Tillett Road, S. W., Roanoke, Virginia 24015 The Reverend William R. Klein, 1724 Wilbur Road, S. W., Roanoke, Virginia 24015 Mr. T. Dalton Miller, 1014 Oakwood Drive, S. W., Roanoke, Virginia 24015 Mr. James T. Bagbey, 2319 York Road, S. W., Roanoke, Virginia 24015 Mr. Hubert Sydenstricker, 2513 Mt. Vernon Road, S. W., Roanoke, Virginia 24015 Mr. Mike N. Etchemendy, 2501 Mt. Vernon Road, S. W., Roanoke, Virginia 24015 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission H:~AG ENDA,9'/~AUG. BKI WE RESIDENTS OF THE ROANOKE VALLEY REQUEST THAT THE CITY COUNCIL NOT ENACT ANY LEGISLATION LIMITING THE NUMBER OF VEHICLES WHICH A PROPERTY OWNER MAY PARK ON THAT PROPERTY SO LONG AS THAT VEHICLE MEETS THE REQUIREMENTS OF THE COMMONWEALTH OF VIRGINIA. WE THE UNDERSIGNED ASK ROANOKE CITY COUNCIL TO TAKE NO ACTION RESTRICTING THE NUMBER OF LEGALLY. REGISTERED VEHICLES ONE MAY KEEP ON HIS/HER OWN PROPERTY, AS THERE ARE ALREADY SUFFICIENT LAWS TO REGULATE ABANDONED AND UNREGISTERED VEHICLES. WE THE UNDERSIGNED ASK ROANOKE CITY COUNCIL TO TAKE N.._.QO ACTION RESTRICTING THE NUMBER OF LEGALLY REGISTERED VEHICLES ONE MAY KEEP ON HIS/HER OWN PROPERTY, AS THERE ARE ALREADY SUFFICIENT LAWS TO REGULATE ABANDONED AND UNREGISTERED VEHICLES. WE RESIDENTS OF THE ROANOKE VALLEY REQUEST THAT THE CITY COUNCIL NOT ENACT ANY LEGISLATION LIMITING THE NUMBER OF VEHICLES WHICH A PROPERTY OWNER MAY PARK ON THAT PROPERTY SO LONG AS. THAT VEHICLE MEETS THE REQUIREMENTS OF THE COMMONWEALTH OF VIRGINIA. WE THE UNDERSIGNED ASK ROANOKE CITY COUNCIL TO TAKE N__QO ACTION RESTRICTING THE NUMBER OF LEGALLY REGISTERED VEHICLES ONE MAY KEEP ON HIS/HER OWN PROPERTY, AS THERE ARE ALREADY SUFFICIENT LAWS TO REGULATE ABANDONED AND UNREGISTERED VEHICLES. WE THE UNDERSIGNED ASK ROANOKE CITY COUNCIL TO TAKE NO ACTION RESTRICTING THE NUMBER OF LEGALLY REGISTERED VEHICLES ONE MAY KI~P ON HIS/HER OWN PROPERTY, AS THERE ARE ALREADY SUFFICIENT LAWS TO REGULATE ABANDONED AND UNREGISTERED VEHICLES. WE RESIDENTS OF THE ROANOKE VALLEY REQUEST THAT THE CITY COUNCIL NOT ENACT ANY LEGISLATION LIMITING THE NUMBER OF VEHICLES WHICH A PROPERTY OWNER MAY PARK ON THAT PROPERTY SO LONG AS THAT VEHICLE MEETS THE REQUIREMENTS OF THE COMMONWEALTH OF VIRGINIA. WE THE UNDERSIGNED ASK ROANOKE CITY COUNCIL TO TAKE NO ACTION RESTRICTING THE NUMBER OF LEGALLY REGISTERED VEHICLES ONE MAY KEEP ON HIS/HER OWN PROPERTY, AS THERE ARE ALREADY SUFFICIENT LAWS TO REGULATE ABANDONED AND UNREGISTERED VEHICLES. WE RESIDENTS OF THE ROANOKE VALLEY REQUEST THAT THE CITY COUNCIL NOT ENACT ANY LEGISLATION LIMITING THE NUMBER OF vEHICLES WHICH A PROPERTY OWNER MAY PARK ON THAT PROPERTY SO LONG AS THAT VEHICLE MEETS THE REQUIREMENTS OF THE COMMONWEALTH OF VIRGINIA. WE RESIDENTS OF THE ROANOKE VALLEY REQUEST THAT THE CITY COUNCIL NOT ENACT ANY LEGISLATION LIMITING THE NUMBER OF VEHICLES WHICH A PROPERTY OWNER MAY PARK ON THAT PROPERTY SO LONG AS THAT VEHICLE MEETS THE REQUIREMENTS OF THE COMMONWEALTH OF VIRGINIA. WE THE UNDERSIGNED ASK ROANOKE CITY COUNCIL TO TAKE NO ACTION RESTRICTING THE NUMBER OF LEGALLY REGISTERED VEHICLES ONE MAY KEEP ON HIS/HER OWN PROPERTY, AS THERE ARE ALREADY SUFFICIENT LAWS TO REGULATE ABANDONED AND UNREGISTERED VEHICLES. I\ WE THE UNDERSIGNED ASK ROANOKE CITY COUNCIL TO TAKE NO ACTION RESTRICTING THE NUMBER OF LEGALLY REGISTERED VEHICLES ONE MAY KEE-~ ON HIS/HER OWN PROPERTY, AS THERE ARE ALREADY SUFFICIENT LAWS TO REGULATE ABANDONED AND UNREGISTERED VEHICLES. WE RESIDENTS OF THE ROANOKE VALLEr REQUEST TttAT TIlE CITY COUNCIL NOT ENACT ANY LEGISLATION LIMITING THE NUMBER OF VEHICLES WHICH A PROPERTY OWNER MAY PARK ON THAT PROPERTY SO LONG AS THAT VEHICLE MEETS THE REQUIREMENTS OF THE coM)JONWEALTH OF VIRGINIA. / . /x'& ~ / WE RESIDENTS OF THE ROANOKE VALLEY REQUEST THAT THE CITY COUNCIL NOT ENACT ANY LEGISLATION LIMITING THE NUMBER OF VEHICLES WHICH A PROPERTY OWNER MAY PARK ON THAT PROPERTY SO LONG AS THAT VEHICLE MEETS THE REQUIREMENTS OF THE COMMONWEALTH OF VIRGINIA. WE RESIDENTS OF THE ROANOKE VALLEY REQUEST THAT THE CITY COUNCIL NOT ENACT ANY LEGISLATION LIMITING THE NUMBER OF VEHICLES WHICH A PROPERTY OWNER MAY PARK ON THAT PROPERTY SO LONG AS THAT VEHICLE MEETS THE REQUIREMENTS OF THE COMMONWEALTH OF VIRGINIA. "PETITION WE RESIDENTS OF THE ROANOKE VALLEY REQUEST THAT THE CITY COUNCIL NOT ENACT ANY LEGISLATION LIMITING THE NUMBER OF VEHICLES WHICH A PROPERTY OWNER MAY PARK ON THAT PROPERTY SO LONG AS THAT VEHICLE MEETS THE REQUIREMENTS OF THE COMMONWEALTH OF VIRGINIA. WE RESIDENTS OF THE ROANOKE VALLEY REQUEST THAT THE CITY COUNCIL NOT ENACT ANY LEGISLATION LIMITING THE NUMBER OF VEHICLES WHICH A PROPERTY OWNER MAY PARK ON THAT PROPERTY SO LONG AS THAT VEHICLE MEETS THE REQUIREMENTS OF THE COMMONWEALTH OF VIRGINIA. WE RESIDENTS OF THE ROANOKE VALLEY REQUEST THAT THE CITY COUNCIL NOT ENACT ANY LEGISLATION LIMITING THE NUMBER OF VEHICLES WHICH A PROPERTY OWNER MAY PARK ON THAT PROPERTY SO LONG AS THAT VEHICLE MEETS THE REQUIREMENTS OF THE COMMONWEALTH OF VIRGINIA. WE RESIDENTS OF THE ROANOKE VALLEY REQUEST THAT THE CITY COUNCIL NOT ENACT ANY LEGISLATION LIMITING THE NUMBER OF VEHICLES WHICH A PROPERTY OWNER MAY PARK ON THAT PROPERTY SO LONG AS THAT VEHICLE MEETS THE REQUIREMENTS OF THE COMMONWEALTH OF VIRGINIA. WE RESIDENTS OF THE ROANOKE VALLEY REQUEST THAT THE CITY COUNCIL NOT ENACT ANY LEGISLATION LIMITING THE NUMBER OF VEHICLES WHICH A PROPERTY OWI~ER MAY PARK ON THAT PROPERTY SO LONG AS THAT VEHICLE MEETS THE REQUIREMENTS OF THE COMMONWEALTH OF VIRGINIA. WE RESIDENTS OF THE ROANOKE VALLEY REQUEST THAT THE CITY COUNCIL NOT ENACT ANY LEGISLATION LIMITING THE NUMBER OF VEHICLES WHICH A PROPERTY OWNER MAY PARK ON THAT PROPERTY SO LONG AS THAT VEHICLE MEETS THE REQUIREMENTS OF THE COMMONWEALTH OF VIRGINIA. WE RESIDENTS OF THE ROANOKE VALLEY REQUEST THAT THE CITY COUNCIL NOT ENACT ANY LEGISLATION LIMITING THE NUMBER OF VEHICLES WHICH A PROPERTY OWNER MAY PARK ON THAT PROPERTY SO LONG AS THAT VEHICLE MEETS THE REQUIREMENTS OF THE WE RESIDENTS OF THE ROANOKE VAIJLEY REQUEST THAT THE CITY COUNCIL NOT ENACT ANY LEGISLATION LIMITING THE NUMBER OF VEHICLES WHiClt A PROPERTY OWNER MAY PARK ON THAT PROPERTY SO LONG AS THAT VEtllCI,E MEETS THE REQUIREMENTS OF THE WE RES]~DENTS OF THE ROANOKE VAi,l,klT RI,iQUES'[ TtlAT TI-tE CITY (;OUNCIL NOT ENACT Ably LEGISLATION LIMITING THE NtlMBi,~R OF VEHICI,ES WHI{;tt A PROPERTY OWNER HAY PARK ON THAT PROPERTY SO LONG AS THAT VEHICLE IqEETS THE REQUIREHENTS OF THE COIVd'tONWEALTH OF VIRGINIA. H. Sydenstricker 2513 Mount Vernon Road, S.W. Roanoke, Virginia 24015 August 18, 1997 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council One year ago at the second August meetin~ of Roanoke City Council, I requested that an ordinance be passed to limit the number of un~araged automobiles that could be allowed the residents of a home in a residential area. Since that meeting, Mr. Morells and the Planning Commission have prepared a suggested ordinance amendment which would limit the number of such vehicles. Mr. Morells has worked diligently and weighed the matters of need by the residents versus the scenic value to the neighbors and has prepared an equitable ordinance amendment. As you know, at the present time unused or unsightly vehicles could be collected in any neighborhood including the one in which you live. Please keep our city beautiful and pass this ordinance amendment as soon as possible. Respectfully submitted, Hubert Syde~tricker B.6o August 18, 1997 The following citizens have called to vote aqainst the proposed amendment to Zoning Code to provide for the restriction of the number of ungaraged motor vehicles that can be parked or stored on a lot in the RS-3, Residential Single Family District: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Jackie Holmes - Dr. Young S. Kang - Diana Thomason - Donna Whitehead - Elizabeth Dobbins - Anne & Glenn King - Bill Cox - James Dillon - Bradley Dobbins - R. N. Mann - Karen Taylor - Ron Bowles - Diane Bowles - Peggy Vass - Keith Martin - Carla Clifton - Mark Young David Kinsler Janet Neighbors - Richard Long - Jeffrey L. Elkins - Gary Rogers - Frances Lam - Ray Harris - Gary Clifton - Marjene Hollingsworth Rupert Oliver - Allen Watson - Steven Board - Citizen Raleigh Ct. Area. Macaluso Dudley - Ben Butch - Jack Winders - Pauline Payne - Lee McDaniel - Concerned citizen - Carolyn Burch - against amendment leave code alone as is do not change do not change do not change ordinance against any change against change do not change leave code as is against change against change leave alone; do not change against change against change against change against change oppose 5 car limit; do not change ordinance oppose any change against change against change against change against change against change against change against change to ordinance - oppose change against change against change against - against change in ordinance against against against any change in ordinance against change against amendment to ordinance against against Citizens aqainst proposed amendment for limitations on ungaraged vehicles. Page 2 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 W. W. Dunbar, Jr. - Pat Grant - Evie Kingery - Kim Warner - Ann Thomasson - Rose Ayers - Dr. Jimmy Farley - Juanita Thompson - Lucy Johnson - against against against against against against against against amendment opposed to limit vehicles Orville T. Martin, Sr. - against Esther W. Martin Tommy Cox W. C. Cyrus R. W. Pedigo Larry Bailey Willard Hamill - against - against - against - against - against - against on number of 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 7O 71 72 73 74 75 76 77 78 79 8O 81 82 83 84 Jack Disher - Juanita McLain - George Milan - Joanne Holland - Douglas Hunley - Ray Miller - Keith Myers - Thomas Hill - Phillip Leffell - Martha Hunley - Sherry Moore - Cal Gamble - Diane Kidd Lawrence P. Bland Jean Breedlove Darline Hamlin Jay Willhide - Tony Hamlin - Sandy Bass-Cors - Curtis G. Jones - Kimberly Williamson - Stacey Tear - Layne Stanley - Paul Perry - Teresa Kennedy - William O. Thomas - Harry Hamlin - Charles Bushnell - Judy Pruitt - Charles Bushnell III - Helen Saul - against against against against against opposed to 5 car limit against against against against opposed to 5 car limit against amendment on 5 car limit opposed to 5 car restriction against amendment against (Raleigh Ct. resident) against 5 car limit against 5 car limit against amendment against (Executive Director for the Coalition for Auto Repair Equality) against 5 car limit against amendment against 5 car limit against change in ordinance against amendment opposed to amendment opposed to amendment opposed to amendment opposed to amendment opposed opposed opposed IN THE COUNCIL OF T~CITY OF ROANOKE, VIRGINIA, AN ORDINANCE amending and reordaining S36.1-428, General Standards, by the addition of new subsection (d), of Division 2, Off-Street Parking and Loading Requirements, of Article IV. Supplementary Regulations; of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to regulate the parking of vehicles on private property in the RS-3, Residential Single Family District. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-428, General Standards, of Division 2, Off- Street Parking and Loading Requirements, of Article IV. Supplementary Regulations; of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: ARTICLE II. CONSTRUCTION OF LANGUAGE AND DEFINITIONS ARTICLE IV. SUPPLEMENTARY REGULATIONS DIVISION 2. OFF-STREET PARKING AND LOADING REQUIREMENTS Sec. 36.1-428. General Standards. (d) The owner of any lot which is zoned RS-3 may not regularly park or store, or permit the parking or storage of, more than five (5) motor vehicles on said lot, outside of a garage, building or accessory structure, except that one (1) additional motor vehicle shall be permitted for each additional bedroom over three (3). ATTEST: City Clerk. H:\ORD-CA\O-PARK.UNG WILLIAM R. KLEIN 540-345- 1155 1724 WILBUR ROAD S.W. ROANOKE. VIRGINIA 24015 August 4, 1997 The Roanoke City Council Roanoke Municipal Building Roanoke, Virginia 24011 Dear Council Members: Recent articles in the Roanoke Times concerning the need to reclaim the decaying perimeters of the inner city have, hopefully, awakened in our citizens a renewed desire not only to restore those parts of the city which have become eye-sores, but also to preserve from that fate the still-beautiful neighborhoods of our city. It is to this end that we know we can count on your support of the new proposal being presented by the Planning Commission regarding the number of vehicles which can be permanently parked at a city residence. We have in our section of Raleigh Court a resident whose yard holds at least seven, some-times more, old cars in various stages of rust. We are disturbed by this visual blight on our lovely neighborhood and fearful of the detrimental influence it will have on our property values. Thank You, Dorothy M. Klein and William R'. Roanoke City Planning Commission August 18, 1997 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Application to amend Section 36.1-428, Zoning, Code of the City of Roanoke (1979),as amended, by creating item (3) relative to restricting the number ofungaraged motor vehicles that can be parked or stored on a lot in the RS-3, Residential Single Family District. Purpose of the proposed ordinance amendment is to limit the number ofungaraged operative motor vehicles that can park on a lot in the RS-3, Residential Single Family District. Bo On August 15, 1996, a communication from Mr. Hubert Sydenstricker, Jr., 2513 Mount Vernon Road, S.W., and a petition (attached) signed by 54 residents of Mount Vernon Road, W'dbur Road and Blair Road was transmitted to Roanoke City Council with a request that City Council consider an ordinance limiting the number of motor vehicles that can be parked on a lot in a residential area. Neighborhood residents have expressed concern that the parking of an excessive number of motor vehicles on a lot in a residential area creates an unsightly condition that will result in a decline in the surrounding property values over time. Raleigh Court Civic League in correspondence dated October 4, 1996 (attached), indicated their support of the residents' request that an ordinance be considered limiting the number of vehicles which may be parked on a lot in a residential district. In addition to the concerns expressed by the residents, the correspondence from Mr. Michael Urbanski, President, noted that the parking of such a large number of older vehicles in "plain view represents an attractive nuisance and thus implicates public safety concerns." Ci_ty Attorney, at the request of City Council, prepared a report which was presented to City Council on November 18, 1996. The report notes that City Council has the authority to limit the number of motor vehicles parked or stored outside of a garage Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 Members of Council Page 2 or accessory structure in a residential area based on the size of a lot or the zoning classification of a lot. II. Current Situation: Ao Currently, the Ci _ty's zoning ordinance does not contain any restrictions regarding the maximum number of ungaraged operative motor vehicles that can be parked on a regular basis on a lot in a residential zoning district. Bo Planning Commission Ordinanc~ and Names Subc0mmitt¢c, discussed the matter at their February 21, 1997, meeting and directed staffto prepare a draf~ amendment. Co Drat~ amendment, prepared by staff (attached), would restrict the number of ungaraged operative motor vehicles which would be regularly parked on a lot in the RS-3, Residential Single Family District to no more than five vehicles. The RS-3 district requires a minimum lot size of 5,000 square feet, the smallest permitted lot size in any single family residential zoning district. One additional vehicle could be parked on the lot for each additional bedroom over three. Do ~ has received several calls from citizens expressing concern with any amendment which would restrict the number of motor vehicles which would be parked on a lot in a residential area. In addition, staff has been contacted by a representative of the Southwest Virginia Car Council expressing concern that the proposed amendment may lead to further restrictions on the fights of motor vehicle owners (correspondence attached). Eo planning Commission public hearing was held on June 4, 1997. Mr. John Maflles, Chief of Planning and Community Development, summarized the proposed amendment. Mr. Marlles noted that the proposed amendment had been requested by a group of residents in the Raleigh Court neighborhood who were concerned about the large number of vehicles which were parked on a residential lot in their neighborhood. Mr. Marlles noted that the proposed amendment would permit up to five vehicles to be parked on a lot in the RS-3 zoning district. Vehicles parked in a garage are not counted in the total. Mr. Marlles also stated that a property owner could park additional vehicles on his lot if the house had more than three bedrooms. Commission members discussed the proposed amendment. Several members of the Commission stated they believed that the amendment should be extended to other residential zoning districts in the City. Commission member also questioned the definition of bedroom. Mr. Tom Cox appeared before the Commission on behalf of the Southwest Virginia Car Council. Mr. Cox stated that while he had no objection to the inoperative and abandoned vehicle ordinance that had been enacted, he was concerned with the Members of Council Page 3 frequency of legislation and ordinances being passed just to pass laws. Mr. Cox stated that he believed that this was a dispute among neighbors and the Commission was charged with serving and representing everyone in the City. Mr. Ray Bowles withe the Star City Cruisers appeared before the Commission and stated that Mr. Cox had covered everything pretty thoroughly. Mr. Ben Birch appeared before the Commission and stated that he was representing the Blue Ridge Model A and the British Car Club. He said that his groups felt the amendment was unconstitutional and urged the Commission to vote against it. Ms. Diane Bowles appeared before the Commission and stated that she and her husband owned a home in Roanoke City and said that she knew a lot of families who had adult children living at home who had automobiles. Mr. Hubert Sydenstricker (2513 Mount Vernon Road, S.W.) appeared before the Commission and stated that he felt the request was reasonable and should be approved. The Commission moved to continue the matter until the Commission's meeting in July. Continued Planning Commission hearing was held on July 2, 1997. Mr. Marlles stated that the staff'recommendation had not changed since the June 4, 1997, meeting of the Commission. Mr. Hubert Sydenstricker (2513 Mount Vernon Road, S.W.) appeared before the Commission and read from a prepared statement (attached). Mr. Mike Etchermendy (2501 Mount Vernon Road, S.W.) appeared before the Commission and stated that he believed that property values were being lowered in his neighborhood because there were up to 15 vehicles parked on Dr. Farley's lot. Mr. John Kennett, Jr., attorney for Dr. Farley, appeared before the Commission. Mr. Kennett noted that it was the City Attorney's opinion, as stated in his correspondence, that Dr. Farley's vehicles would be grandfathered if the proposed amendment was adopted. Mr. Kennett also voiced his concern about the proposed amendment being a proper planning instrument as well as a possible regulation of a person's first amendment right of expression. Mr. Ben Birch (923 Curtis Avenue) appeared before the Commission and stated that the Commission would be limiting the freedom of Americans and no further restrictions were needed. Members of Council Page 4 Mr. Mitch Wheeler (1333 Lakewood Drive) appeared on behalf of the Raleigh Court Civic League and stated the neighborhood organization was in support of the proposed amendment. Mr. Tom Cox, representing the Southwest Virginia Car Council, stated that the Council was concerned about the lack of objectively on the part of the Commission. Mr. Cox commented that he was also concerned that the City would take the proposed ordinance and make it something beyond its original intention. Mrs. Franklin read two letters into the record from Phillip P. Wright (1646 Center Hill Drive) and Dorothy and William Klein (1725 Wilbur Road, S.W.), which are attached. III. Recommendation: The Planning Commission, by a vote of 4-0 (Mrs. Duerk, Mrs. Coles and Mr. Manetta absenQ recommended approval of the proposed amendment. The Commission felt that the proposed amendment provided for a reasonable number of motor vehicles which could be parked on a lot within the City's RS-3, Residential Single Family zoning district, while preventing a potential source of blight from re-occurring in this neighborhood and other similar residential neighborhoods in the City. Respectfully submitted, JRM:mpf attachments cc: Assistant City Attorney Hubert Sydenstricker Michael F. Urbanski, President, GRRCL Jimmy Farley Gilbert E. Butler, Jr., Chairman Roanoke City Planning Commission PROPOSED ZONING ORDINANCE AMENDMENT REVISED JULY 2, 1997 1. Comment: In October, 1996, a group of residents of Mount Vernon Road, S.W., expressed concern regarding a large number ofungaraged vehicles (properly licensed and registered) that were parking on a lot in a residential neighborhood. The residents understand that the existing problem in their neighborhood would be grandfathered, but would like to prevent the problem from occurring in other locations in their neighborhood and the City. This practice, if it becomes widespread, has the potential to be a source of blight, especially in those residential zoning districts which permit smaller lot areas. Proposed Amendment: Section 36.1-428. General standarda. (d) The owner of any lot which i~ zone(l RS-3 may not regularly park or store, or pernfit the parking or storage of, more than five (55 motor vehicles on said lot, outside of a garage, buiding or accessory structure, except that one (1) additional motor vehicle, shall be permitted for each additional bedroom over three (3). August 1§, 1996 Dear Mayor Bowers and City Council: Several years ago a lady in Roanoke had so many cats that she and the cats became a nuisance to the neighbors. When this happened City Council passed an ordinance prohibiting more than a certain number of cats. A similar situation has come to pass in our neighborhood, only this time the problem is unsightly automobiles. Dr. Farley has a collection of unsightly cars on his property at 2429 Mt. Vernon Road, S.W.--up to 12 or more at a time. He says they are all licensed and in operating condition and that there is nothing anyone can do about it. What he says is probably true under present circumstances. We know these unsightly cars degrade our neighborhood and will cause our property to become less valuable over a period of time. Of course this will eventually lower the tax base in this area. We are requesting Council to pass an ordinance to limit the number of vehicles that are not garaged to two for each licensed driver residing at an address in a residential area. We do not feel that this is an unreasonable request and it would ~ose no hardship on anyone using such vehicles as they are intended to be used. Please look into passing such an ordinance and providing us with some relief from this unsightly nuisance. 3.C. We, the und~stgned, request tha~ an ordinance be passed to limi~ the number of vehicles that may be parked at one address in a residential area. We, the undersigned, request that an ordinance be passed to limit the number of vehicles that may be parked at one address in a residential area. We, the undersigned, request that an ordinance be passed to limit the number of vehicles that may be parked at one address in a residential area. We, the undersigned, request that an ordinance be passed to limit the number of vehicles that may be parked at one address in a residential area. B~FLTTO .. 224 313S~ ~aryF. PaFkor0 CleFk Greater Raleigh COurt Civic _l gue P. O. ~ ~92 · Ro~ok~, VA 2401~ Octobe~ 4, Dear XaMor ]lower. · S~ine ~ill a ~ti~ o~ ~lei h icker, a ~e~ld ~Y, ~co~ 7, xg~ -- - ~- ~ ~~ C~- ....... ~t of cae n~r o ~... - P~Y ~e e~re t~t Chis the ~lt~ d ~k~ the ~i ~i~ ...... ?~_ ~ ~~M em ~lic ~ety ~e~e. c~l~ ~i~ a~ ch~ cc; (]RCC:L Boerd Very truly ~ub~r~ ~rbez~, Cicy ~enocricker 2513 H~, vernon Road F'RO~I : NI:ITIOIN¢~ OPTICRL PFO~ NO. : 7~ 36~ 55?4 SOUTHWEST VIRGINIA CAR COUNCIL To: Mr, John Marik:.~ Roanoke City Plamtin8 Dept. May 27,1997 From: ]'om Cox Southw¢.sl Virginia Car Coutx, il Al out moa recent rrt-,et~ we dL~cussed both propo~cd amcadmcm~ to Section 36. 1-428 regardinK motor w:hicles, With o,ct sixty people in attendance, it was d~cided to oppose any amendment limiting its: numbcr af lei~ally! registcrc, d vchick..'s one may keep at their residem:e for th~ tbilowln I. This i.n a precedent setting amendment ',~'eetin~ k:gally rc$istcrod rani insured vehicles, which could g'-d.sily be expanded. F)ur~ ti,is past year or ss) thc city has anlcndcd rrmny items slxenstl~nin8 laws lo prot~.x:t n0ighborhoods a6uit~ the keeping of ul~'gistertnl or abandoned vehicles. 'FIx:.~ laws m'c a bcnelh tv iht: commut~ity and have drawa no obje¢llons from ~:itize~n affdialecl wilh out Stoup, comprised of average ci~lill-nms and havint4 no monctary aUplx-~rt. Wc feel lhal to rc-6u .lute legally r~istcrc, d .immred vehiclex, upon which property taxes hav~: also hem paid, L,, ovc:rkill. 2. Aside from being arbitrary and capricious, this amcndm~-nt will have rr, eft,.'ct ou Jimmy Farley, the individual with many cam, at whom thia un~ndmcnt L,, aimcd.dt~ tt, a grandfather clau~e. Why then ck~ we necd another law simply for thc purFn.,.~ ofhavi.8 3. This law is based ul~,n the traditional nuclem family, atal may be discriminatory agait~l disadvantaged persons forc~xl u,, liv~: with ~vcral cxtcmlcd t~,61k-~ tuak'r one roof. duc to economic hardship. By limiting the rlumb~r of cars that ~:ould bc kept at a t~.-sklcm:c, sev~t~ bec'~lwhu~rs mJ~t not have The ~ut~c m:c~,.-~ 1o the job market as mos'r all'luc.t fl~l~b~. ' 4. The overall cost of i,~.,,utma.-~:, tags. as well as much needed n:v~:uuc h:i~ paid as pemonaJ property tax will tend to rcgulat~; rix; number of cars kcpt at a rcsidcs,:c. $. This amendment i-vulv~.-a thc ~;ily in a small isolated dispute at~n,ng ~ishburs. Whik~ the ,,--kiys' interesl is weU intemionod, tin: ttc~:ds of all cilizen.q and rtol just a vocal mim,~ try mu~ bc rcprc'sented. SOUTHWEST VIRGINIA was the propoacd amerldmcnt to ~gu~te ~k~ in tmnl y~ds or ~W~. ~ ~ ~,.~ flora y~'? W~ a ~ ~kcd ~ I~ driveway ~ violin? ~t b a p~d ~u~? ~ot eye.otto c~ a~rd a drive. i~fit~l coa~ls ~t Ji~ Fatty. ~. co~er our President Suuthwe~ Virgb~La ("ar Council Please li~el free Io ~;ontacl me al my ot]ice at 362-W~(IO . HUBERT SYDENSTRICKER 2513 Mt. Vernon Road Roanoke, VA 24015 This is submitted in support of the proposed ordinance. Mr. Cox has stated that there are too many laws restrickting the rights of individuals. Also that an ordinance would not affect the situation presently existing as it would be "Grandfathered". If everyone were perfect, there would be no need for laws; however, the reason we have any laws at all is to curb the unreasonable demands of some individuals. The City of Roanoke is a good place to live and for the most part a beautiful city. We should make every effort to maintain its beauty and make it an even better place to live. Shouldn't we make an effort to keep and improve the appearance of our properties? Excess in anything can be detrimental to values and appearances. When this excess gets out of hand, then laws should make the determination of what is excess. It is such an excess we are trying to prohibit in the future. As for Mr. Cox' statement that there amy be need for more than five automobiles at a three-bedroom dwelling-- just how many families needing multiple cars can live in a three-bedroom house? The residents in my neighborhood fully support this ordinance and we appreciate the consideration of the Planning Commission in recommending such an ordinance. 1646 CENTER HILL D I~OANOKE, VIRGINIA 24!I WILLIAM R. KLEIN 540-345-1155 1724 W~LBUR ROAD S,W, ROANOKE, VIRGINIA 24015 Roanoke Planning Commission June 26, 1997 We regret that we will be out of town when you meet on Wednesday, July 2nd, and consequently unable to voice our support of a proposed ordinance before you. The specific ordinance to which we lend our unwavering support would place a limit on the number of un-garaged vehicles at a single residence. Parked vehicles lined up in a row in residential yards, and clearly visible from the street, certainly do not enhance the beauty and value of a neighborhood. At a time in our city's history when there is a new push to improve decaying neigh- borhoods in the inner city, such an ordinance would help prevent such decay in the suburbanneighborhoods of Roanoke. We urge you to adopt such a reasonable ordinance. JUN 30 Ic)Q'/ Sincerely, Dorothy M. Klein William R. Klei] NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of §15.1-431, Code of Virginia (1950), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, August 18, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., in order to consider an amendment and revision to Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended. The proposed amendment would amend the following section of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1950), as amended: §36.1-428, to provide for the restriction of the number of ungaraged motor vehicles that can be parked or stored on a lot in the RS-3, Residential Single Family District. A copy of said proposed amendment is available for review in the Office of the City Clerk, Room 456, Municipal Building. Questions about the content of the proposed regulation should be directed to the Office of Community Planning, 853-2344. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 29th day of d~j]3 , 1997. Mary F. Parker, City Clerk. H:\NOTICE\N-UNGARA Mary F. Parker, CMCIAAE c~y Ck~rk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk August 20, 1997 File f~36-144 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke on Monday, August 18, 1997, Mr. Phillip P. Wright, 1646 Center Hill Drive, S. W., raised questions with regard to the proposed automated refuse collection service which will be initiated in the City on September 8, 1997. The matter was referred to you to address Mr. Wright's concerns. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Mr. Phillip P. Wright, 1646 Center Hill Drive, S. W., Roanoke, Virginia 24015 Rose M. Woodford, Executive Secretary, City Manager's Office William F. Clark, Director, Public Works James A. McClung, Manager, Fleet and Solid Waste Management H:~AGENDA.9'/~UG.18