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HomeMy WebLinkAboutCouncil Actions 11-06-00ROANOKE CITY CO UNCIL REGULAR SESSION November 6, 2000 3:00p. m. ROANOKE CIVIC CENTER EXHIBIT HALL 710 WILLIAMSON ROAD, N. E. AGENDA FOR THE COUNCIL Call to Order-- Roll Call. (Ali Present.) The Invocation was delivered by The Reverend Jeff Wilson, Associate Pastor, Southview United Methodist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Ralph K. Smith. Welcome. Mayor Smith. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Thursday, November 9, 2000, at 7:00 p.m., and Saturday, November 11, 2000, at 4:00 p.m. ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541. THE CITY CLERK'S OFFICE NOW PROVIDES THE ENTIRE CITY COUNCIL AGENDA PACKAGE ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS THE AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.CI.ROANOKE.VA.US, CLICK ON THE ROANOKE CITY COUNCIL ICON, CLICK ON MEETINGS AND AGENDAS, AND DOWNLOAD THE ADOBE ACROBAT SOFTWARE TO ACCESS THE AGENDA. ALL PERSONS WISHING TO ADDRESS COUNCIL ARE REQUESTED TO REGISTER WITH THE STAFF ASSISTANT WHO IS LOCATED AT THE ENTRANCE TO THE EXHIBIT HALL. PRESENTATIONS: A Proclamation declaring the week of November 12 as Roanoke Higher Education Center Week. File #3-414 Presentation with regard to the City's support of the Western Virginia Education Classic. Sherman Lea, Vice-Chairperson, Total Action Against Poverty Board of Directors. On behalf of the Western Virginia Education Classic and the Total Action Against Poverty Board of Directors, Mr. Lea expressed appreciation to the City of Roanoke for helping to make the football game a success, and presented the Members of Council and the City Manager with a t-shirt in recognition of the event. File #80-226 The City Attorney introduced Elizabeth Dillon, Senior Assistant City Attorney, who assumed her duties and responsibilities on Wednesday, November 1, 2000. File #83-184 CONSENT AGENDA C-1 (APPROVED 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Minutes of the public interviews of School Board applicants held on Tuesday, April 18, 2000; the regular meetings of City Council held on Monday, May 1, 2000, and Monday, May 15, 2000; the special meetings of City Council held on Monday, May 1, 2000, Saturday, May 9, 2000, and Wednesday, May 17, 2000; and the Roanoke City Council Personnel Committee held on Friday, May 5, 2000. RECOMMENDED ACTION: Dispense with the reading of the minutes and approve as recorded. 4 C-2 A communication from Mayor Ralph K. Smith requesting a Closed Meeting to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: File 11110-132 Concur in request to convene in Closed Meeting. C-3 A report of the City Manager requesting a Closed Meeting to discuss a matter with regard to a prospective business where no previous announcement of interest of the business in locating its facility in the City has been made, pursuant to Section 2.1-344 (A)(5), Code of Virginia (1950), as amended. RECOMMENDED ACTION: File 11450 Concur in request to convene in Closed Meeting. C-4 A report of the City Manager requesting a Closed Meeting to discuss a matter with regard to a prospective business where no previous announcement of interest of the business in locating its facility in the City has been made, pursuant to Section 2.1-344 (A)(5), Code of Virginia (1950), as amended. RECOMMENDED ACTION: File #450 Concur in request to convene in Closed Meeting. C-5 A report of the City Manager requesting a Closed Meeting to discuss a matter with regard to acquisition of real property for public purpose, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: File #2 Concur in request to convene in Closed Meeting. C-6 A joint report of the City Manager and Director of Finance recommending that a public hearing be scheduled to consider reducing the personal property tax rate on aircraft from $3.45 to $1.06 per $100.00 of assessed value. RECOMMENDED ACTION: Concur in recommendation. File #9-79 C-7 A communication from the City Clerk requesting that Council establish the terms of office for the Towing Advisory Board. RECOMMENDED ACTION: Concur in request. File #110-543 C-8 A communication from Barry L. Thomas tendering his resignation as a member of the Mill Mountain Advisory Committee. RECOMMENDED ACTION: File #15-67-110 Receive and file the communication and accept the resignation. C-9 Qualification of the following persons: Mark K. Cathey and E. L. Noell as members Appeals for terms ending June 30, 2004; and File #15-70-110 of the Board of Fire Thomas G. Powers, Jr., Edward L. Lambert and Calvin H. Johnson as members of the Roanoke Civic Center Commission for terms ending September 30, 2003. File #15-110-192 RECOMMENDED ACTION: Receive and file. REGULAR AGENDA 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: ao Request to discuss a business known as Antifreeze Recyclers, Inc. Collins Sherertz, Spokesperson. Mr. Sherertz presented information with regard to the services provided by Antifreeze Recyclers, Inc. The remarks were received and filed. File #529 bo Request to address the location for the Virginia Gas Pipeline. Brent Riley, Spokesperson. Mr. Riley requested that Council adopt a resolution requesting an analysis of the routing options for the pipeline, and that the City of Roanoke forward a letter to the State Corporation Commission requesting that a public hearing be held in the Roanoke area. He pointed out that the issue of cost in connection with how the pipeline is installed can have a significant impact on rates charged to customers of the Roanoke area for natural gas. Other persons addressing the issue were: Mr. Victor Layman, 5800 Enchanted Lane, S. W. Mr. Bill Modica, 2525 Brandon Avenue, S. W. Mr. Albert A. Martin, 5985 Coleman Road, S. W. Mr. Thomas Gustafson, 4269 Harborwood Road. Council requested that a letter be forwarded to the State Corporation Commission asking that a public hearing be held in the Roanoke area. File #544 Co Request to discuss the status of the fire station in the Ridgewood Park Neighborhood. Delois Koogler, Spokesperson. Ms. Bernice Meador, 370 Koogler Drive, S. W., presented a petition signed by over 200 persons in support of keeping Fire Station No. 12 open, and inquired about the status of the fire station. 7 It was the consensus of Council that the matter would be referred to the City Manager, or her designee, to respond to inquiries of Ms. Meador regarding maintenance of the current facility and future status of Fire Station No. 12. File #67-70 4.PETITIONS AND COMMUNICATIONS: NONE. 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: A report recommending amendment of Section 2-121, Authority to Transfer Funds, Code of the City of Roanoke (1979), as amended, to provide for removal of the $25,000.00 limit on transfer of funds to allow transfers within each fund without a financial limitation, with a quarterly report to Council of all transfers in excess of $75,000.00. Adopted Ordinance No. 35114-110600, as amended. (7-0) File #24-45-60-104-497 A report recommending an amendment to Article I, In General, Chapter 23, Police, Code of the City of Roanoke (1979), as amended, by adding a new Section 23-7, Employment of Off- Duty Police Officers and Sheriff's Deputies, to confirm the existence of law enforcement powers and authorities of police officers and deputy sheriffs during periods of off-duty employment. Adopted Ordinance No. 35115 on first reading. (7-0) File #5-24-121 o A report recommending approval of Change Order No. 5 to the contract with Thor, Inc., in the amount of $31,252.00, for the new Police Building, Phase I. Adopted Ordinance No. 35116-110600. (7-0) File #5-32 o A report recommending execution of a contract with Wiley and Wilson, A Professional Corporation, for engineering services for design, development of construction documents, construction administration, and related work for the Crystal Springs Filter Plant, in the amount of $500,000.00; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 35117-110600 and Resolution No. 35118-110600. (7-0) File #60-468 o A report recommending appropriation of $137,061.41 in connection with acceptance of the Fiscal Year 2001 Fire Program Fund Grant from the Virginia Department of Fire Programs. Adopted Budget Ordinance No. 35119-110600. (7-0) File #60-70-236 o A report recommending authorization to file an application with the Commonwealth of Virginia Department of Transportation for industrial access road funds up to $450,000.00 for roadway construction, to provide industrial access for new corporate prospects to Tract B and Tract F in the Roanoke Centre for Industry and Technology. Adopted Resolution No. 35120-110600. (7-0) File #20-207-450 o A report recommending appropriation of funds, in the amount of $4,500.00, in connection with participation by the Police Department in a Domestic Violence Prevention Training Program. Adopted Budget Ordinance No. 35121-110600. (7-0) File #5-60 o A report recommending acceptance of the 2000-02 Local Law Enforcement Block Grant from the United States Department of Justice, Bureau of Justice Assistance, in the amount of $147,590.00; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 35122-110600 and Resolution No. 35123-110600. (7-0) File #5-60-236 A report recommending acceptance of the bid submitted by Cargill Salt Co., to supply 2000 tons of highway deicing salt, in the amount of $44.90 per ton. Adopted Resolution No. 35124-110600. (7-0) File #183-410 10. A report recommending acceptance of the bid submitted by KME Fire Apparatus to purchase one fire pumper with water tower, for the original bid amount of $388,770.00. Adopted Resolution No. 35125-110600. (7-0) File #70-472 11. A report recommending acceptance of the bids submitted by Magic City Motor Corp., to replace trucks and related equipment for certain City departments, in the total amount of $324,138.00. Adopted Resolution No. 35126-110600. (7-0) File #5-32-121-472 l0 12. A report recommending acceptance of the bid submitted by Mobile Vision, Inc., for 24 in-car video systems to be used by the Police Department, in the amount of $90,216.00; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 35127-110600 and Resolution No. 35128-110600. (7-0) File #5-60-472 13. A report recommending execution of Revised Amendment No. 1 to the Greater Gainsboro Redevelopment Area Cooperation Agreement between the City of Roanoke and the Roanoke Redevelopment and Housing Authority, to provide for an increase in funding by the City to the Authority for acquisition of additional property necessary to construct a parking garage and surface parking lot and certain site improvements to serve the Roanoke Higher Education Center. Adopted Resolution No. 35129-110600. (7-0) File #2-178-414 b. DIRECTOR OF FINANCE: 1. Financial Report for the month of September 2000. Council Member White requested that future financial reports contain a break out of line item expenses of the Hotel Roanoke Conference Center Commission. The Financial Report was received and filed. File #1-10-247 A report transmitting a revised measure to amend Ordinance No. 35061-091800, in connection with funding needs relative to the Riverside Centre for Research and Technology. Adopted Budget Ordinance No. 35130-110600. (7-0) File #60-540 e REPORTS OF COMMITTEES: ao A report of the Bid Committee recommending acceptance of the bid submitted by Allegheny Construction Co., Inc., for providing a 1,230 foot extension of existing Blue Hills Drive, together with associated utilities and grading, and to complete the grading of three new sites in the Roanoke Centre for Industry and Technology, in the amount of $1,300,883.00; transferring funds in connection therewith; and a statement of concurrence in the recommendation by the City Manager. W. Alvin Hudson, Jr., Chair. Adopted Budget Ordinance No. 35131-110600 and Ordinance No. 35132-110600. (7-0) File #60-207 bo A report of the Water Resources Committee recommending acceptance of the donation of a historical marker at the intersection of Colonial Avenue and McNeil Drive, S. W. Linda F. Wyatt, Chairperson. Adopted Resolution No. 35133-110600. (7-0) File #68-216-468-514 Co A report of the Water Resources Committee recommending acquisition of property rights needed by the City for certain drainage improvements in connection with the Vermont Avenue Drainage Project. Linda F. Wyatt, Chairperson. Adopted Ordinance No. 35134-110600. (7-0) File #2-27-468-514 7. UNFINISHED BUSINESS: NONE. e INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: 12 ao Ordinance No. 35107, on second reading, permanently vacating, discontinuing and closing a certain alley extending from 10th Street to 11 th Street, N. E, described as Block 7, Fairmount Map, being parallel to and between Georgia Avenue and Connecticut Avenue. Adopted Ordinance No. 35107-110600. (7-0) File #514 bo Ordinance No. 35108, on second reading, permanently vacating, discontinuing and closing a portion of Georgia Avenue, N. E., extending in an easterly direction from l0th Street for a distance of 285 feet to a point approximately 100 feet from the intersection of 1 Ith Street. Adopted Ordinance No. 35108-110600. (7-0) File #514 Co Ordinance No. 35109, on second reading, amending Section 36.1-693, Notice of hearing, Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, to provide for certain forms of notification to owners of property which is subject to a rezoning. Adopted Ordinance No. 35109-110600. (7-0) File #24-51 do Ordinance No. 35110, on second reading, permanently vacating, discontinuing and closing a certain portion of First Street, N. W., between Shenandoah Avenue and Centre Avenue. Adopted Ordinance No. 35110-110600. (7-0) File #514 eo Ordinance No. 35111, on second reading, authorizing the proper City officials to enter into a lease agreement between the City and Richard B. Jeter and Ned B. Jeter, for use of a 7.41-acre tract of land for agricultural purposes, upon certain terms and conditions. Adopted Ordinance No. 35111-110600. (7-0) File #44-166-373-468 13 Ordinance No. 35112, on second reading, authorizing the proper City officials to enter into a lease agreement between the City and the Southeast Action Forum to lease City-owned property located at 1015 Jamison Avenue, S. E. (known as Old Fire Station #6), upon certain terms and conditions. Adopted Ordinance No. 35112-110600. (7-0) File #166-373-468 ge A resolution changing certain times and places of commencement for regular meetings of City Council scheduled to be held on Monday, November 20, 2000. Adopted Resolution No. 35135-110600. (7-0) File #132 9.MOTIONS AND MISCELLANEOUS BUSINESS: mo Inquiries and/or comments by the Mayor, Vice-Mayor and Members of City Council. Council Member Wyatt suggested that food service vendors doing business at the Roanoke Civic Center offer food items for sale that may be consumed by persons with dietary restrictions. The matter was referred to the City Manager. File #192 Council Member White addressed recent changes to the City's Bulk Waste Collection Program, and requested that the City Manager elaborate on changes and results. The City Manager advised that the change to weekly collection, without the requirement for call-in, has been successful and well received by the community, and the volume of bulk waste collected has been considerably higher than was anticipated. File #144 14 Council Member Hudson requested that the matter of installing video cameras in marked vehicles of the Sheriff's Department be referred to the City Manager for report. File #121-472 Vice-Mayor Carder called attention to an automobile repair establishment in the vicinity of the Lansdowne Park housing complex which was granted a variance some time ago, pursuant to certain proffered conditions to rezoning relating to landscaping. He inquired as to the City's procedure to insure that proffered conditions are met, especially in terms of landscaping issues. The matter was referred to the City Manager. File #51-178 bo Council Member Bestpitch expressed appreciation to the Melrose/Rugby Neighborhood League for hosting a tour of the Melrose/Rugby area on Monday, October 30. Council having participated in a tour of the Huff Lane Micro Village earlier in the day, he expressed appreciation to students and teachers for their contributions to the concept of the Micro Village which allows students to participate in the democratic process, in employment situations, and in business and economic matters, etc. File #80-165-467 Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: Mr. Howard Johnson, 820 Westside Boulevard, N. W., offered his assistance in regard to the establishment of an amusement park for the Roanoke area which could be located in the Westside Boulevard/Salem Turnpike/Melrose Avenue area. He stated that such a facility would provide jobs and entertainment for Roanokers. File #67 Ms. Estelle McCadden, 2128 Mercer Avenue, N. W., spoke in support of remodeling Victory Stadium and advised that the longer the facility is allowed to deteriorate, the more it will cost to make renovations. She called attention to the need to provide athletic facilities for Roanoke's two high schools. File #67-467 Mr. Martin Jeffrey, 517 Rutherford Avenue, N. W., addressed Council in connection with the following issues: What is the proper forum for Council to engage in discourse with citizens in regard to their questions on City projects and issues? e Who is responsible for the $3 million penalty incurred by the City in connection with the cleaning up of barrels and toxic waste at the Public Works Service Center, and are there other burial sites and toxic waste sites in the City? e What is the amount of the retirement packages afforded to Roanoke's former City Manager, City Attorney and Director of Public Works? He requested a written response to issues 2 and 3. Mr. Jeffrey expressed support of the new bulk waste collection program which has been successful in his neighborhood; he concurred in the remarks of Council Member Hudson regarding the need for video cameras in marked Sheriff's Department vehicles; and he commended Vice-Mayor Carder for his remarks which were presented at a recent Roanoke Chapter, NAACP Banquet, regarding living conditions in the Lansdowne Park public housing development and in public housing in general, however, he requested that the Vice-Mayor's remarks be reiterated for the record at a future Council meeting, followed by appropriate action(s) by Council. File #1-66-83-104-121-183-178-472-429-529 CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. IT IS A TIME FOR CITIZENS TO SPEAK AND A TIME FOR COUNCIL TO LISTEN. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED, WITHOUT OBJECTION, IMMEDIATELY, FOR ANY NECESSARY AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. The meeting was declared in recess for four closed sessions. CERTIFICATION OF CLOSED MEETING. (6-0, Council Member Harris was absent.) The following persons were appointed to various boards and commissions: Lylburn D. Moore, Jr., as a member of the Personnel and Employment Practices Commission for a term ending June 30, 2002. File #15-110-202 Kathleen Lunsford, Susannah Koerber, and Charles Jordan as members of the Roanoke Arts Commission for terms ending June 30, 2003. File #15-110-230 Duriel M. Wood as a member of the Youth Services Citizen Board for a term ending May 31, 2003. File #15-110-304 Nakia Price, Onawa Miller, Ruth Blackman and Jeannie Moses members of the 2001 Comprehensive Plan Advisory Committee. File #110-200-424 as WHEREAS, the Roanoke Higher Education Center will be dedicated on November 15, 2000, and will open its doors for a community open house on November 17 and 18, 2000, which will allow citizens of the Roanoke Valley to explore educational and training opportunities; and WHEREAS, the City of Roanoke is a principal partner in the development of the Higher Education Center; and WHEREAS, the renovation and preservation of the former headquarters of the Norfolk and Western Railway, known as GOB North, and its transformation into the Roanoke Higher Education Center is a significant step in the revitalization of downtown Roanoke; and WHEREAS, the Roanoke Higher Education Center was established to provide access to education and training opportunities for people representing all walks of life, and to be a catalyst for economic growth and development, while contributing to the future prosperity of the City of Roanoke and the Greater Roanoke Region. NOW, THEREFORE, I, Ralph K. Smith, Mayor of the City of Roanoke, Virginia, do hereby proclaim November 12 18, 2000, throughout this great All-America City, as ROANOKE HIGHER EDUCATION CENTER WEEK. Given under our hands and the Seal of the City of Roanoke this sixth day of November in the year two thousand ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor Education Employment Health Housing and Homelessness Neighborhoods Economic Development Crime Prevention A Center for Employment Training Adult Basic Education Alleghany Highlands Community Home Improvement Program Community Development and Outreach Dumas Hotel Music Center on Henry Street Emergency Home Repair Entrepreneur Training & Microenterprise Loan Program Families First GET SMART Truancy Program Head Start High Risk Drug Prevention Program Homeless Intervention Program Housing Counseling Job Readiness and Retention Training Literacy Programs Project DISCOVERY Project PIPELINE Project PRIDE Project SUCCESS Roanoke County Section 8 Screening Service Learning Center Summer Youth Employment and Training Transitional Living Center TAP/VA CARES Programs THIS VALLEY WORKS VWP Outreach Vocational Skills Training Weatherization/Indoor Plumbing and Rehab Women's Resource Center Post Office Box 2868 Roanoke, Virginia 24001-2868 (540) 345-6781 Fax (540) 345-4461 October 27, 2000 FACSIMILE To: From: Subj: Mary Parker, 853-1145 Annette Lewis, 767-6239 City Council Presentation TAP would like to be on the agenda for the November 6th 3:00 City Council meeting to be held at the Roanoke Civic Center. Sherman Lea, vice chairman of the TAP and Roanoke City School boards, will represent TAP at the City Council meeting. He will make a presentation to the city manager and council members in recognition of their support of the Western Virginia Education Classic. ROanOke Valley 253 There being no further business, the Mayor declared the meeting adjourned at 10:00 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 254 COUNCIL ......................... PUBLIC INTERVIEWS OF SCHOOL BOARD APPLICANTS April 18, 2000 4:30 p.m. The Council of the City of Roanoke held public interviews with six candidates for the position of School Board Trustee on Tuesday, April 18, 2000, at 4:30 p.m., in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding. PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers .................. 6. ABSENT: Council Member James O. Trout .............................................. 1. OFFICERS PRESENT: Mary F. Parker, City Clerk. SCHOOL BOARD APPLICANTS PRESENT: F. B. Webster Day, Marsha W. Ellison, James P. Beatty, Sherman P. Lea, Gloria P. Manns and William E. Skeen. The meeting was opened with a prayer by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. The Mayor advised that on June 30, 2000, the three year terms of F. B. Webster Day, Marsha W. Ellison and Sherman P. Lea as Trustees of the Roanoke City School Board will expire; and the purpose of the meeting is to interview six candidates for the upcoming vacancies. The Mayor called attention to the following actions which were taken by Council, pursuant to provisions of Chapter 9, Education, Code of the City of Roanoke (1979), as amended: At regular meetings of the City Council held on January 18 and February 7, Council announced its intention to elect Trustees to the Roanoke City School Board for terms commencing July 1, 2000. Advertisements were placed in The Roanoke Times and in The Roanoke Tribune inviting applications for the vacancies. Seven applications were received in the City Clerk's Office prior to the 5:00 p.m. deadline on Friday, March 10, 2000. One application was later withdrawn. On March 20, 2000, at 6:00 p.m., Council held a reception with the candidates which was open to the public. On March 20, 2000, at 7:00 p.m., Council, as a Committee of the Whole, reviewed and considered all applications. At the regular meeting of City Council on Monday, April 3, 2000, at 2:00 p.m., Council voted to interview F. B. Webster Day, Marsha W. Ellison, James P. Beatty, Sherman P. Lea, Gloria P. Manns and William E. Skeen. 255 Those candidates who were to be accorded the public interview were notified by the City Clerk by letter dated April 10, 2000. A notice was published in The Roanoke Times inviting attendance at a public hearing to be held by City Council on Monday, April 17, 2000, at 7:00 p.m., to receive the views of citizens regarding School Board applicants, and further inviting the public to submit proposed questions to the candidates by filing such questions in the City Clerk's Office by 5:00 p.m., on Thursday, April 13, 2000. No questions were submitted. The Mayor explained that the selection process provides that Council will publicly interview each candidate separately and out of the presence and hearing of other candidates; Section 9-21, Public Interviews of Candidates, of the Code of the City of Roanoke (1979), as amended, provides, in part, that interviews of the candidates shall take place in an order deemed appropriate by City Council; whereupon, the Mayor advised that the City Clerk had scheduled interviews in the following order: 4:30 p.m. 5:00 p.m. 5:30 p.m. 6:00 p.m. 6:30 p.m. 7:00 p.m. F. B. Webster Day Marsha W. Ellison James P. Beatty Sherman P. Lea Gloria P. Manns William E. Skeen Mayor Bowers pointed out that each candidate would be given the opportunity to make an opening statement of not more than five minutes, and thereafter, Council would ask such questions, as Council, in its discretion, deems advisable. He explained that six interviews would be held and each interview would consist of approximately 30 minutes, and after each interview was completed, the candidate could leave the Council Chamber inasmuch as no action would be taken by Council on this date. 256 In conclusion, the Mayor advised that on Monday, May 15, 2000, at 2:00 p.m., or as soon thereafter as the matter may be considered, the Council will hold an election to fill the three upcoming vacancies on the Roanoke City School Board. The first person to be interviewed was F. B. Webster Day. Mr. Day referred to highlights during his first term of office as a Trustee of the Roanoke City School Board, such as the Standards of Learning, teacher salaries which are at or above the average national level, the opening of Lucy Addison Middle School, completion of a middle school renovation program that is second to none in the Commonwealth of Virginia, and strides have been made to decrease the student drop out rate. He advised that challenges include future Standards of Learning requirements, and high school renovations estimated at $79 million for Patrick Henry and William Fleming High Schools. He requested that Council support his reappointment for another three year term of office to the Roanoke City School Board. Mr. Hudson asked the following questions: QUESTION: What do you perceive to be the major strengths and the major weaknesses of the Roanoke City Public School System? ANSWER: Mr. Day responded that Roanoke's major strengths are its wide range of student challenges and referred to the Scholars Dinner in which 44 seniors from both high schools were honored for their various accomplishments; and teachers that are well prepared and receive the assistance they need to meet the requirements of the Standards of Learning and to develop professionally. In regard to weaknesses, he called attention to the gap between Roanoke's lowest performing student and its highest performing student which must be better addressed. He stated that he would like to see some of the lower performing students brought closer to the top which will be a challenge in view of the scarce amount of available resources, while not taking away from the middle and higher performing students. QUESTION: What is your assessment of teacher morale in the Roanoke City Public School System? ANSWER: Mr. Day responded that on the whole, teacher morale is good, although much anxiety has been expressed about the Standards of Learning by teachers, administrators and parents. Mr. Swain asked the following questions: QUESTION: How would you define accountability from the standpoint of the level of the School Board, the School Superintendent, School administration, teachers, students and parents? 257 ANSWER: Mr. Day responded that there is a shared responsibility by the School Board, the School Superintendent, the school administration, students, teachers and parents to educate Roanoke's students at a level that meets or exceeds minimum standards. He stated that the School Board has to be accountable to Council, the Superintendent is accountable to the School Board, and the chain of command goes down the line. He advised that much pressure has been placed on teachers because they are on the front line, but teachers, solely, cannot be held accountable; and a recent revision to the promotion and retention policy established by the School Board has set the stage for more accountability. He stated that the school system must examine areas where it is deficient and in need of improvement, parents are needed who are involved and supportive of the school system, and part of the problem in the past has been that Roanoke has a complex educational system working to educate a number of students at various levels and accountability and responsibility can get lost in the process. He added that the School Board's evaluation of the Superintendent and the School Board's self-evaluation has sentthe message that the School Board wants results and will hold itself and the school system accountable if those results are not achieved. QUESTION: Are the Standards of Learning a fair way to evaluate school performance? Is it fair to tie SOL scores to teacher evaluation? ANSWER: Mr. Day responded that the Standards of Learning provide a good way to measure performance in the schools, they have forced those persons involved in education to focus on how teaching is addressed, and they have caused educators to collaborate more and for administrators within the schools to analyze data to determine where improvements are needed. He added that he would not be in favor of reviewing the performance of any one teacher in any one classroom to determine if the students passed the SOL test and using those results as a large factor in evaluating how that teacher rates, because a teachers' influence only covers a certain number of hours a day for 180 days out of a child's life in any given year. Mayor Bowers asked the following questions: QUESTION: What are your thoughts in regard to the renovations/rebuilding at Patrick Henry and William Fleming High Schools? What is your perspective regarding a swimming program for Roanoke's high schools? ANSWER: Mr. Day called attention to a planning process by the Superintendent of Schools, the goal of which is to anticipate high school programs in the foreseeable future, from advanced placement programs to the international baccalaureate program to the Governor's School, all of which have to be the driving force as to what the new facilities will look like. He stated that there should be community involvement at every level on the types of programs to be offered and the structural appearance of the schools which can be a continuing process throughout 258 the next three to four years. He called attention to the advantages of the fitness centers at Breckinridge Middle School and Woodrow Wilson Middle School which have proven to be successful. QUESTION: What is your assessment of public safety for students in the Roanoke City School system? ANSWER: Mr. Day responded that Roanoke has safe schools which is a priority of the School Board and the School Superintendent; and Roanoke City has examined crisis planning and response while encouraging responsible behavior by all students. He stated that students want safe schools and they want to be the first line of defense in reporting alleged or specific incidents. He called attention to the importance of such programs as dogs in the schools to sniff out drugs, metal detectors, use of video cameras and programs such as "Character Counts". Mr. White asked the following questions: QUESTION: What have you learned over the last three years that would make you a more effective School Board member if reappointed? ANSWER: Mr. Day advised that there is a lot to be learned in a large range of activities; i.e.: curriculum, employee benefits, pay scales, evaluation and safety issues, etc., and it is a difficult task to be familiar with all aspects of operating a school system. He stated that some of his most valuable time has been spent in the individual school environments and he plans to spend more time in the schools if reappointed. He added that there are dedicated employees in the school system-- teachers, administrative staff, cafeteria workers, etc., and it has been a pleasant experience to observe the professionalism that all persons bring to the school system. QUESTION: How would you assess teacher morale? ANSWER: Mr. Day advised that it is difficult to assess teacher morale unless specific examples are given. He stated that when teachers and other employees in the school system see what can be done if everyone works together as a team, the level of morale will improve automatically. Ms. Wyatt asked the following questions: QUESTION: There is a higher number of teachers taking early service retirement than ever before. Why do you think this is happening and, if reappointed to the School Board, would you be in favor of random exit polls with teachers and administrators to determine their reasons for leaving? 259 ANSWER: Mr. Day advised that he would want to know the reasons that teachers are taking advantage of early retirement, although early retirement has become more attractive due to certain state law revisions. He stated that teaching is not an easy job and with the addition of the Standards of Learning, it has become even more difficult which could be one of the reasons that teachers are not staying in the profession as long as they have traditionally in the past. Because of the rising economy, he added that another reason for early retirement could be the availability of better paying positions outside of the teaching profession. He advised that more input from teachers is needed because the more that teachers are involved, the more they will enjoy their job which will help to reverse some of the statistics relating to early service retirement. QUESTION: What are the plans of the School Board to address the shortage of teachers in the next five to eight years? ANSWER: Mr. Day advised that recruitment efforts have been broadened by visiting as many colleges and educational degree programs as possible. He stated that improvements in salaries of teachers would be a plus, and the current school budget contains an adjustment for senior teachers to provide for a six per cent pay increase. QUESTION: What is your opinion of instructions by the school administration that teachers teach the Standards of Learning test? ANSWER: Mr. Day advised that it is important to teach how to take the Standards of Learning test because many students are not familiar with the format; therefore, it is important to teach to the test in order to provide students with the best opportunity to display substance knowledge gained during the year. He stated that he would not be opposed to "teaching the test" if the teacher is, in fact, teaching the substance of material that a student needs to know in order to pass the SOL test. QUESTION: Are you aware of the pacing charts that are distributed to teachers that the curriculum deals solely with the Standards of Learning test and the time that is to be spent on the test? ANSWER: Mr. Day advised that in order to keep content in the time that is allowed, the pace is fast and furious. He stated that he would be in favor of more planning time for teachers, because the present amount of planning time may not be adequate for the vast majority of what needs to be done in connection with the Standards of Learning test. Vice-Mayor Harris asked the following question. QUESTION: What is your assessment of Dr. E. Wayne Harris, Superintendent of Schools? 260 ANSWER: Mr. Day advised that he appreciates the many hats that the Superintendent of Schools is required to wear such as public cheerleader, spokesperson for the School Board, educator first and foremost, good public relations skills in sometimes very tense situations, a good administrator, and the ability to relate to seven very different people who comprise the Roanoke City School Board. He stated that it takes many talents to perform the job well and Roanoke is fortunate to have a good Superintendent of Schools, who has received consistently high evaluations, and is earnest, thoughtful, and considerate in his approach to various situations. He added that Roanoke is seeing some of the fruits of Dr. Harris' efforts, such as the Standards of Learning and other achievements and he has also maintained a good working relationship with the City administration. The second person to be interviewed was Marsha W. Ellison. Ms. Ellison expressed an interest in continuing to serve on the Roanoke City School Board for another three year term, because she is a team player with a vision who is committed to the students of Roanoke City. She called attention to six years of experience on the School Board where she served in the capacity of Chairperson for three years and she would like to continue her service to follow through on several initiatives such as the Standards of Learning and the Standards of Accreditation, the promotion policy that was adopted last year, a committee which was appointed this year by the School Board to address the graduating policy, and completion of the high school renovation project. She called attention to examples of her vision as a School Board Trustee, such as a competitive employee compensation package which provides that Roanoke's average teacher salary is now just above the national average, a review of student performance and established priorities and goals, and a $51 million capital improvements project which was completed in 1999 with the renovation of seven elementary schools and four of the City's oldest middle schools. She advised that she has shown a commitment to all students and her presence is visible at individual school sites, she attends special programs and activities, and she has continued to stress the importance of parental involvement while encouraging the school administration to address and identify those areas that will help parents to become more involved in their child's education. She stated that if reappointed to the School Board, she can be counted on as a team player with a vision and a commitment to Roanoke's students. Mr. Swain asked the following questions: QUESTION: Should the Standards of Learning test scores be used as a part of the teacher evaluation process? ANSWER: Ms. Ellison advised that she supports the Standards of Learning because it is a body of knowledge that all students should be able to acquire, but testing should not be the sole criterion for student graduation or teacher evaluation. 261 She called attention to a committee composed of 53 employees, 35 of whom are teachers, that has presented a new teacher assessment form to the School Board which is one of a multitude of facets on which a teacher is evaluated, and a second task assigned to the committee is a review of the pay for performance issue. She stated that her basic concern is that the testing not be the sole criterion for graduation, and the School Board is waiting for a response from the State Board of Education as to whether on line testing will be permitted which will enable students to practice and retake the Standards of Learning test. Mayor Bowers asked the following question: QUESTION: What are your thoughts in regard to renovations/reconstruction of Patrick Henry and William Fleming High Schools? Should swimming be a part of the high school athletic curriculum? ANSWER: Ms. Ellison advised that whether it be renovation or reconstruction for Roanoke's two high schools, community involvement and input is essential. She stated that the Superintendent of Schools has appointed a committee to address high school renovation/reconstruction needs and the task was divided into two parts-- programs and a facility study, and itwas the consensus of the committee that Roanoke's high schools must be program driven for the future in order to meet the needs of students today and tomorrow as the system deals with the changing demands of technology. QUESTION: What is your assessment of student safety? ANSWER: Ms. Ellison advised that Roanoke's schools are safe, with a good program of safety audits that reviews violence or intrusion upon school property, an emergency evacuation plan, and administrators carry video cameras at Patrick Henry and William Fleming High Schools. She expressed support of the school security force and student resource officers, and the Safety Committee recommended a uniform discipline curriculum, consistent enforcement of standards and expectations for student behavior, and the "Character Counts" Program received national recognition which shows students the importance and rewards of responsible behavior. She stated that all of these things have contributed to Roanoke City being proactive on safety issues. Mr. White asked the followinq questions: QUESTION: What have you learned during the past six years that will make you a more effective School Board Trustee if reappointed for another three year term? What is your position on school uniforms? 262 ANSWER: Ms. Ellison advised that she has acquired a wealth of knowledge over the past six years through direct experience and attendance at Virginia School Board Association Conferences and workshops. She called attention to her personal visits to the individual schools to observe, first hand, what is happening in the schools, and to communicate with school administrators, teachers and students. She stated that she has also learned the importance of involving the community in public education. Ms. Ellison advised that school uniforms will not be successful unless the concept is supported by everyone, therefore, the question should be a site based decision. She called attention to the uniform policy at Noel C. TaylorAcademy which has worked effectively, but not all school sites are the same, therefore, the decision should be left up to the individual schools. Ms. Wyatt asked the followin;I questions: QUESTION: Why do you think so many teachers are taking advantage of the early service retirement option? Would you be in favor of random exit polls with teachers and administrators to determine their reasons for leaving? ANSWER: Ms. Ellison responded that she was not aware of the trend toward early service retirement. She stated that teaching is a difficult job, although a rewarding one; the Virginia Supplemental Retirement System provides good benefits; recent legislation passed by the General Assembly provides teachers with the option to retire at age 55, and Roanoke City offers an early retirement plan for teachers which allows them to work 20 days for seven years. She added that she would favor a random exit poll to obtain teacher opinion as to their reasons for leaving the profession. QUESTION: As a School Board Member, how do you plan to address the issue of shortage of teachers over the next three to five years? ANSWER: Ms. Ellison referred to the School Board's foresight six years ago to provide competitive salaries to attract teachers from across the nation, approximately 2000 applications are currently on file, and Roanoke is not experiencing the same problems that other school systems are facing, especially northern Virginia. She added that Roanoke should look at certain creative solutions, possibly a job fair in the teacher realm, increasing recruitment efforts, early signing programs and internship programs have been successful. QUESTION: What is your opinion of instructions by the school administration that teachers teach the Standards of Learning test, pacing charts and the Flannagan test? 263 ANSWER: Ms. Ellison advised that she was not aware that school administrators were urging teachers to teach to the test. She called attention to a briefing that the School Board received some time ago regarding testmanship skills, and noted that programs are available that are quite expensive, although not all students can afford the programs; therefore, the school administration made the decision that it could teach students how to take tests which is a skill that can be useful throughout life. She stated that she is not familiar with the pacing charts, although there are charts that measure certain outcomes on the Standards of Learning; and the Flannagan tests, or practice tests, have been provided to help prepare students for the SOL tests, although some teachers believe that the Flannagan tests are confusing. She explained that pacing charts are intended to help teachers realize where they are in attaining the body of knowledge and she would favor a reexamination of the Flannagan tests to determine if there is a better instrument that would be more helpful to students. Vice-Mayor Harris asked the followin§ questions: QUESTION: What is your assessment of Superintendent E. Wayne Harris? ANSWER: Ms. Ellison advised that Dr. Harris is an outstanding School Superintendent who is renowned throughout the nation and Roanoke is fortunate to have a man of his caliber to lead its school system. She called attention to his efforts to increase accountability and noted that he has received consistently high marks during his evaluations by School Board members. Mr. Hudson asked the following questions: QUESTION: What do you perceive to be the major strengths and the major weaknesses of the School System? ANSWER: Ms. Ellison advised that the strength of Roanoke's school system lies with its people - students, staff and others. She stated that Roanoke has a diverse school system representing all segments of the community and to this end the school system has devised ongoing options, an example of which is the Blue Ridge Technical Academy which will be one of the first charter schools in the Commonwealth of Virginia, and as School Board Chair, she shepherded the Charter School application process through many series of workshops. She called attention to 50 distinct school programs; i.e.: magnet schools, programs in the business/ vocational technical field, programs for gifted students, music and arts programs, and the Standards of Learning but before the SOL there were benchmarks to measure accountability and student performance. 264 The third person to be interviewed was James P. Beatty. Mr. Beatty advised that he is currently Personnel Administrator for the City of Roanoke, and his work experience and educational background and training make him a viable candidate for appointment to the School Board. He stated that he is a proven recruiter, who is well versed in diversity and administration; and he has served as a teacher, coach, and counselor, and conducts workshops and performs mock interviews for the public and the Educational Technology Committee for the City of Roanoke. Also, he advised that he screens over 10,000 applications per year and in that capacity, he works with high school graduates who have no idea how to complete a job application or market themselves effectively for employment. Therefore, he stated that he would like to help by working closely with guidance counselors and assisting college bound and non-college bound students in their career choices. He advised that he wants to serve the students of Roanoke City and asked that Council give favorable consideration to his appointment as a Trustee to the Roanoke City School Board. Mr. White asked the fo~lowin;I question: QUESTION: What are your views on school uniforms? How can parental involvement in the schools be improved? How would you approach the truancy situation? ANSWER: Mr. Beatty advised that school uniforms would be advantageous, particularly in those instances where parents cannot afford certain name brand types of clothing and would provide for a more even playing field for all students. He stated that parental involvement begins in the home where the foundation must be laid which will send a better product to the schools and give teachers the time to teach rather than to deal with behavioral problems. He advised that parental involvement would go a long way toward insuring that young people attend school on a regular basis rather than being seen in the community when school is in session. Ms. Wyatt asked the followin~l questions: QUESTION: Many teachers are taking advantage of the early service retirement option. Why do you think this is happening and would you, as a member of the School Board, be willing to conduct random exit polls to determine their reasons for leaving? ANSWER: Mr. Beatty advised that early service retirement leaves a void in the school system because some of the more experienced teachers are retiring. He stated that the school system has made it easier for a teacher to retire with extra benefits and still earn a good living while not having to contend with the day to day 265 activities of the classroom. He added that because discipline is an issue and some educators cannot control students in a manner that is conducive to classroom learning has had an impact on their decision to retire. He referred to his experience in conducting exit interviews for the City of Roanoke and he advised that he would be willing to use that experience to determine why teachers are leaving the school system. QUESTION: Over the next three to five years there will be a teacher shortage nationwide. How would you propose to deal with the situation in Roanoke City? ANSWER: Mr. Beatty advised that his first action would be to determine the number of persons who are approaching the retirement process and then establish aggressive recruitment programs at colleges and universities and work with career placement officers to promote opportunities that are available in the Roanoke area. QUESTION: What is your opinion of the School administration urging teachers to "teach to the test", specifically the Standards of Learning test? ANSWER: Mr. Beatty expressed concern with regard to "teaching to the test" and advised that testing is only one part of the process and not an exact science. He stated that the whole child should be taught, too much emphasis is placed on tests, and if the school system starts with the basics of building a foundation on reading, writing and arithmetic, students will be able to deal with the Standards of Learning. He advised that his goal would be for the school system to graduate well rounded students because they will have to address more than tests when they go out into the real world. Vice-Mayor Harris asked the following question: QUESTION: What is your assessment of the performance of Superintendent E. Wayne Harris? ANSWER: Mr. Beatty advised that he has been impressed with the work of Superintendent Harris. As a School Board Member, he stated that he would evaluate Dr. Harris only after familiarizing himself with the job description, followed by an evaluation of how well he meets his job criteria, while trying to be as objective as possible. ¥ Mr. Hudson asked the following question: QUESTION: What is your position in regard to making the schools available for after school activities from approximately 3:00 p.m. until 6:00 p.m.? 266 ANSWER: Mr. Beatty advised that he would support after school programs in the schools which would provide a safe and secure environment for students until their parents get home from work in the evening. He stated that after school programs could provide a place where students could enhance not only their academic and computer skills, but enhance their recreational skills and abilities by participating in physical fitness activities on school grounds. Council Member Swain asked the following questions: QUESTION: Are the results of the Standards of Learning tests a fair way to evaluate teachers? ANSWER: Mr. Beatty advised that testing is important but he would prefer to review the validation process to insure that the test is not culturally biased and reaches out to all spectrums of the student body. He stated that teachers should not be evaluated based on the results of the Standards of Learning tests. He added that teachers need to teach not only how to take and pass a test, but also the core material that helps to make an individual ready to meet a global society that is becoming more and more technical in nature. Mayor Bowers asked the following question: QUESTION: What is your assessment of school safety? ANSWER: Mr. Beatty advised that Roanoke City is doing a good job on school safety, and the City has been proactive in addressing situations as they arise to insure school safety. He stated that school safety involves school resource officers, parental involvement, teachers and volunteers. The fourth person to be interviewed was Sherman Lea. Mr. Lea expressed appreciation for the time he has been allowed to serve on the Roanoke City School Board. He stressed the importance of the relationship between School Boards and local governing bodies and commended the good relationship that exists between Roanoke City Council and the Roanoke City School Board. He stated that he is applying for reappointment to the. School Board for several reasons, but first and foremost is his concern for Roanoke's students and their education because it is important that all children get the best education possible since there is a direct correlation between the lack of education and involvement in crime, and a direct relationship between the lack of education and quality of life. He advised that as he looks at the profiles of many of the persons in the criminal justice system today, the numbers and situations bear out the fact that offenders are younger, under educated, unemployed and lack the necessary skills to be productive citizens; therefore, education is imperative. Secondly, he stated that he seeks reappointment to the School Board because of the current 267 accomplishments and progress of Roanoke's school system. He added that much has been said about discipline and during his three year tenure; the School system has made significant strides to address the issue of discipline and safety through discipline committees, video cameras on school buses, an increased number of school resource officers, the drop out retrieval program which will serve as a model for many school systems not only in the Commonwealth of Virginia but across the country, vocational skills training in which Roanoke will be one of only three charter schools to work with students on vocational areas, a GED Program, and a program to improve academic skills. Thirdly, he stated that he would like to be reappointed to the School Board because of his work ethic, and the level of confidence and trust that he has worked diligently to build with the School Board, the School administration, employees and others over the past three years. Ms. Wyatt asked the following questions: QUESTION: Are you aware of the number of teachers who are taking the early service retirement option? Why do you think this is happening and would you be supportive of School Board members conducting a random exit poll to determine their reasons for leaving? ANSWER: Mr. Lea advised that he would be supportive of a random exit poll to determine why teachers are leaving the school system and to learn how they feel about their experiences as a teacher. He stated that early retirement is not only an issue in Roanoke, but across the Commonwealth of Virginia and has come about, in part, due to the pressures of the job and the Standards of Learning tests. He advised that it is important to insure that every employee feels good about the school system and about the role they play and although he cannot make everyone happy, it is important that they have a voice and someone to listen to their concerns. QUESTION: In the next three to five years, there will be a shortage of teachers. What do you plan to do to address the shortage at the local level? ANSWER: Mr. Lea addressed the need to accelerate the recruiting process to continue some of the recruiting efforts already in place, such as internship programs, college and university visits, future evaluation of the process, and the salary structure. He added that first and foremost is the challenge to apprise colleges and universities of the fact that Roanoke is looking for good teachers. QUESTION: What is your opinion of the School administration urging teachers to "teach to the test", specifically the Standards of Learning tests? What is your position in regard to the pacing charts and the Flannagan test? ANSWER: Mr. Lea advised that he is not a big proponent of "teaching to the test"; however, in a situation where there is considerable pressure to improve test scores, there is a need to challenge and work with teachers in preparing students 268 for the Standards of Learning tests, although he would not want the school division to become a system of test takers. He called attention to the importance of continuing to impart those topics that will be included on the Standards of Learning tests in the classroom curriculum and the importance of teachers feeling good about what they are teaching. He stated that he is not a strong advocate of the Flannagan test, caution must be exercised in dealing with standards because everyone believes that standards should be raised but not raised to the point where a situation is created that leads to blame on the school system and shame to students, teachers and parents. Mr. Hudson asked the following question: QUESTION: What do you perceive to be the major strengths and the major weaknesses of the school system? ANSWER: Mr. Lea stated'that a major strength of Roanoke's school system is the magnet schools where there exists a commitment by students and teachers to make the programs successful, and the homework help line where teachers are willing to work with students after hours, which shows a commitment and dedication by faculty and staff to insure that students learn. He advised that a weakness is the City's student drop out rate and a better job should be done to generate community involvement in the schools. He called attention to positive programs in the middle schools, particularly recreational facilities. Mr. Swain asked the following question: QUESTION: Should the results of the Standards of Learning tests be used in teacher evaluation? ANSWER: Mr. Lea stated that he has no problem with the intention of the Standards of Learning tests in terms of raising the standard of learning, but to use the Standards of Learning as a sole criteria to either graduate or toward accreditation is wrong, and if used properly, the Standards of Learning can be beneficial in revealing where the schools rate on achievement skills. He advised that Standards of Learning should not be the sole criteria in evaluating teachers because there are other criteria that can and should be used such as commitment, dedication and self-improvement. Mayor Bowers asked the following question: QUESTION: What kind of schools should be developed for Roanoke's students over the next decade? 269 ANSWER: Mr. Lea called attention to the need for schools that are designed for future technology demands because technology will play a key role, security is a key issue in terms of creating an environment that is amenable to learning, and community involvement is essential in the development process by setting the tone for a facility that is conducive to learning. QUESTION: What is your position in regard to a swimming program for Roanoke's two high schools? ANSWER: Mr. Lea advised that swimming is a part of the extra curricula activities, therefore, swimming pools and athletic facilities that are conducive to team sports. He stated that a type of "one stop shop" is in order, or a facility where students could receive all educational amenities in addition to extra curricula activities, be they indoor or outdoor. Mayor Bowers asked the following question for Vice-Mayor Harris who had to leave the meeting due to another commitment: QUESTION: What is your assessment of the performance of Superintendent E. Wayne Harris? ANSWER: Mr. Lea advised that the City of Roanoke has a School Superintendentwith a vision, who is committed to making Roanoke's school system one of the best systems in the United States, and he is candid, works hard for the school system and communicates well with the citizens of Roanoke. Mr. White asked the following questions: QUESTION: What is your position with regard to school uniforms? What can be done to address the truancy issue? ANSWER: Mr. Lea advised that school uniforms have worked well at Noel C. Taylor Academy and he would favor expanding the program to other schools if legally permissible. He called attention to the importance of administering the program City-wide and not targeting schools in certain areas of the City. He stated that Roanoke has a truancy problem, children get into trouble when they are not in school, and spoke in support of various partnerships that could address the issue. Council Member Swain asked the following question: QUESTION: What is your opinion of the use of dogs in the schools to sniffout drugs? 270 ANSWER: Mr. Lea advised that the program has worked well, dogs are used on a regular basis in the middle schools and the high schools, there was a certain amount of controversy when the program was first initiated, but it is now accepted as part of the safety feature to free Roanoke's schools of drugs. The fifth person to be interviewed was Gloria P. Manns. Ms. Manns advised that she is an applicant to the Roanoke City School Board out of her interest in emphasizing mental health needs, because every child is entitled to the best and highest standard of education. She further advised that after visiting many of Roanoke's schools, she was impressed with the tone and environment of the schools and the professionalism of staff. She stated that delivery of information will not take place if the student is experiencing mental or emotional problems or domestic violence, and school violence can no longer be ignored because many incidents could be avoided if teachers were better prepared to recognize mental health issues. She called attention tothe importance of insuring that the school system is making use of all available resources and collaborating effectively with other agencies to provide the best education for all students. She advised that the City's six per cent drop out rate and truancy rate are directly related to violence and disruption in the home which also causes Iow test scores and/or academic performance, and once the whole student is addressed, the Standard of Learning tests and other standardized test scores will improve along with student participation in school activities and less disruption in the classroom. She expressed concern with regard to the number of students who are medicated as the result of inadequate or incomplete diagnoses because every child who is listless, inattentive and disruptive does not have an attention deficit disorder or hyperactivity. She advised that better and more effective communication with parents is important so as to be in compliance with city and school mission statements. She emphasized the importance of athletics in academics which is important in the growth and development of children, especially in the pre-adolescent age; however, athletics should be viewed as a means to an end that should ultimately be a high school or college diploma leading to employment and becoming a productive citizen. She stated that as a School Board member, she would not waste taxpayer dollars, but if the City is to maintain good administrators, teachers and classified employees, it must remain cognizant of fiscal needs in conjunction with hiring practices, audio visual equipment, technology needs and upgrades, technological training, and continuing education. She advised that she is at a point in her professional career where she has the freedom to create her own schedule, she has the energy, concern and commitment that will allow her to give the necessary time to learn how to become an effective School Board member, and a desire to do the best job that she is capable of doing. Mayor Bowers asked the followin;I question: 271 QUESTION: The School Board is about to embark upon a major renovation project at William Fleming and Patrick Henry High Schools. What do we need to be mindful of as we renovate/reconstruct the two facilities? ANSWER: Ms. Manns advised that school facilities must be fully accessible to the disabled and the School Board and school administration must listen to what teachers, parents and students have to say about what is needed. She stated that much information can be acquired by listening to those persons who use the facilities on a daily basis. Mayor Bowers asked the followincj question on behalf of Vice-Mayor Harris: QUESTION: What is your assessment of Superintendent E. Wayne Harris? ANSWER: Ms. Manns advised that Dr. Harris seems to be open and personable and he appears to be approachable which is an important attribute in a school administrator. Mr. White asked the following] question: QUESTION: What is your position on school uniforms? How would you propose to increase parental involvement in the schools? What measures can be taken to address the truancy problem? ANSWER: Ms. Manns advised that school uniforms have worked well at Noel C. Taylor Academy. She stated that the issue of material possessions has gotten out of hand and there have been problems in the schools as a result of the way that a child dresses; therefore, a uniform code would create a kind of calming environment, and she would be in favor of school uniforms at all school levels. She called attention to the importance of approaching parents in a positive manner which will lead to more parental involvement. With regard to the issue of truancy, she stated that parents can be ordered to send their children to school and the court system should be advised by the school system if there are existing problems. She explained that some children do not attend school because of disruption in the family life, such as abuse in the home, or the need to care for a parent, etc. Ms. Wyatt asked the followin~l questions: QUESITON: Many teachers are choosing to take early service retirement. Would you as a School Board member be willing to conduct random exit polls to determine their reasons for leaving? 272 ANSWER: Ms. Manns advised that teachers appear to be under a lot of pressure with the Standards of Learning tests and some teachers are at an age where they can go into other professions. She stated that she would favor random exit polls to determine why teachers are choosing early retirement which would also help in recruiting efforts. QUESTION: In the next three to five years, there will be a shortage of teachers across the nation. What would you do as a School Board member to address the issue? ANSWER: Ms. Manns advised that recruitment is paramount and should be handled aggressively. Since Roanoke has approximately 61 different ethnic groups, she added that this should be considered in recruitment efforts which means that some things may need to be handled differently than in the past. QUESTION: What is your opinion of the school system urging teachers to "teach to the test", specifically the Standards of Learning test? ANSWER: Ms. Manns advised that if a teacher is going to be judged as an employee according to the test scores of students and if the teacher wants to continue his or her employment, the teacher will do what they have to do to keep their job. She stated that the teacher is placed in a difficult position because if they want to keep their job, they have to "teach to the test", although it is not in the best interest of the students because they are required to take more tests than just the Standards of Learning tests. Mr. Hudson asked the following question: QUESTION: What do you perceive to be the major strengths and the major weaknesses of the Roanoke City School System? ANSWER: Ms. Manns advised that Roanoke has excellent programs such as the vocational education program, but the school system could do a better job in educating citizens on what the Roanoke City School system has to offer, and there appears to be a major problem in communicating with parents. She stated that Roanoke City has numerous school services and programs that meet the needs of a very diverse student population. Council Member Swain asked the following questions: QUESTION: Are you of the opinion that the Standards of Learning tests are fair? Is it fair to evaluate teacher performance and school performance on the results of the Standards of Learning test? 273 ANSWER: Ms. Manns advised that the Standards of Learning tests should not be used solely in evaluating teachers or schools. She called attention to some students who do not test well, and, in addition to standardized tests, classroom grades, student ability and student energy levels should be considered. The last person to be interviewed was William E. Skeen. Mr. Skeen advised that Roanoke enjoys one of the finest school systems in the country, and, under the leadership of City Council, the School Board and Superintendent Harris, Roanoke is fortunate to have up-to-date facilities with educators who are committed, focused and happy in their jobs. He stated that the Roanoke School system is a national leader in implementing the "Character Counts" program and its dramatic effect in preparing students for their future role as citizens. He advised that after visiting with Superintendent Harris, he discovered that his thoughts about the future of Roanoke's school system parallel many of the strategic directions already established by Dr. Harris and the School Board. He stated that he wishes to continue to build on the traditions of excellence that the Roanoke City School system enjoys today and his business experience, non-profit affiliation, education and board-related experiences will enable him to become a contributing member of the School Board. He further stated that as the parent of three teenage boys attending the Roanoke City Public School system, he understands the challenges and pressures that students face; as the Business Director of Total Action Against Poverty, which operates a major alternative education program, he understands first hand the difficulties that some children and teenagers experience in completing their education program; and as the husband of an educator, he understands the challenges that administrators and teachers must face in working with limited staff, resources and budgets. He advised that as a 15 year teaching professional on the adjunct faculty at Virginia Western Community College, he understands those things that challenge, motivate and stimulate students toward higher education, and with 20 years of local banking, finance and management experience, he has a good understanding of what the community wants and needs in tomorrow's employees. He noted that he has served as both a member and leader on numerous city, local, human service and business related boards and his experience in finance, budget, and policy management would be an asset to the school system and would enable him to bring a variety of skills and experiences which can help to lead Roanoke's schools into the next century. If appointed to the School Board, he committed himself to work hard to continue the tradition of excellence and offered his assistance to help implement several initiatives such as planning, leadership and funding efforts to renovate both Patrick Henry and William Fleming High Schools, to educate and involve parents in their role as the primary motivator in their child's educational success, and to support an increased investment in ongoing teacher education and training, and technological updates. He stated that teachers need an ongoing investment in their careers and the resources to reach children who will live and work in a technology-based society; there is a need to continue the enhancement of volunteer support from the business 274 community to augment classroom learning and model the emerging "Character Counts" program; and there needs to be a more aggressive partnership with the business community to recruit volunteers who can bring the real world into the classroom and mentor students who need positive role models. He added that there is a need to recruit, hire, and retain the best teachers and administrators since many of Roanoke's experienced educators are approaching retirement, there is a need to insure that new teachers receive professional mentors and support so that they can do their jobs effectively, and there is a need for educators to be compensated for the time they devote to the profession with a salary scale that is both competitive and fair. He advised that if appointed to the School Board, he will listen carefully, study hard and work cooperatively to become a contributing member, and he will be an advocate for meeting the educational needs of all children, regardless of their social or economic backgrounds. The Mayor asked the following question on behalf of Vice-Mayor Harris: QUESTION: What is your assessment of Superintendent E. Wayne Harris? ANSWER: Mr. Skeen advised that Superintendent Harris is a visionary; since coming to the school system in 1993, he has advertised and promoted the Roanoke School system as the number one school system in the district, he has lent himself to and involved himself in the community, and he is accessible and listens closely to what citizens have to say. He stated that Dr. Harris is a natural leader, who sets direction, creates expectation and is moving the students of the City of Roanoke in the direction they need to go in order to find meaningful jobs in the 21st century. Council Member Hudson asked the following questions: QUESTION: What is your position in regard to opening schools from 3:00 p.m. to 6:00 p.m. for supervised use by children? ANSWER: Mr. Skeen advised that an extended day program would benefit the community, while providing children with a place to go where they could exercise, study and have access to computers. Council Member Swain asked the following question: QUESTION: Are the Standards of Learning tests fair? Should test results be used to rate the performance of a school and to evaluate teacher performance? ANSWER: Mr. Skeen advised that the Standards of Learning tests are important steps for accountability; however, he would not be in favor of evaluating a teacher based upon test scores. He stated that no individual person, or teacher, or school is the sole source of student success, instead that success is attributed to a combination effort. 275 Council Member Wyatt asked the following questions: QUESTION: A number of teachers are electing to take early service retirement. Why do you think this is happening and would you, as a School Board member, be willing to conduct random exit polls to verify their reasons for leaving the school system? ANSWER: Mr. Skeen advised that the School Board, working in conjunction with the school administration, will have to address the matter and devise various programs and ideas on how to attract and retain the most qualified persons, and as efforts move forward, they must be innovative, especially in regard to education and career development planning. He added that exit interviews provide a valuable piece of information because a teacher leaving the system will provide confidential information that will help to provide a different perspective. QUESTION: What is your opnion of the school administration urging teachers to "teach to the test," specifically the Standards of Learning tests? ANSWER: Mr. Skeen advised that, unfortunately, "teaching to the test" must be done. He stated that there is a core amount of information that everyone who graduates from high school should know, however, he is concerned that special programming may be sacrificed to some extent. He further stated that as the Standards of Learning tests evolve and as tests become more standardized, they will become more efficient, thusly allowing more free time to go back to other programs that provide for a more well rounded student. Mr. White asked the following question: QUESTION: What is your position with regard to school uniforms? How would you as a School Board member increase parental involvement in the schools? ANSWER: Mr. Skeen advised that there are pros and cons to school uniforms. He stated that uniforms would take away some of the social class stigma of the "haves" and the "have nots"; however, this country was built around the diversity of the people, and school uniforms could place a financial burden on some Iow income families who may wish to use alternative sources to clothe their children. Although it seems to be a popular idea, he advised that he could not personally support school uniforms, he would prefer to establish certain school standards, and encouraged that the pros and cons of the issue be closely reviewed. With regard to parental involvement in the schools, he stated that parents are the core and because both parents work or have more than one job in many families, it is difficult for them to be involved in the schools. He called attention to the importance of talking with parent-teacher organizations in the schools to encourage parental involvement because if parents are excited about what is going on in the schools, they will become more involved in the education of their children. 276 The Mayor asked the following question: QUESTION: What is your assessment of school safety? ANSWER: Mr. Skeen advised that schools in Roanoke are safe, although there are times when the news media may tend to over report on a particular situation. He stated that Roanoke City has a strong plan in place, along with a contingency plan, and Roanoke City does a good job to insure school safety. QUESTION: What kind of programmatic issues or educational opportunities would you bring to the forefront in terms of the renovation of Roanoke's two high schools spanning the next decade and beyond? ANSWER: Mr. Skeen called attention to the importance of public input, along with input from businesses, civic leaders, students, teachers, and administrators as to what they would envision for the next decade. He stated that the person who knows the job best is the person who does the job and that is the teacher who will provide a great source of information on design and programmatic issues. He added that there is an opportunity to get ready for the electronic age and if it is necessary to spend additional funds on certain levels of technology, that should be incorporated into the program. He called attention to the need to listen closely and to react in order to have a product that is both flexible and meets the needs of today and the future. All interviews having been concluded and thers being no further business, the Mayor declared the meeting adjourned at 7:50 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Mayor 277 REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL May 1, 2000 12:15 p.m. The Council of the City of Roanoke met in regular session on Monday, May 1, 2000, at 12:15 p.m., the regular meeting hour, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor David A. Bowers presiding, pursuant to Rule 1, Regular Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. ACTION: PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain, William White, Sr., Linda F. Wyatt, C. Nelson Harris and Mayor David A. Bowers .............. 6. ABSENT: None ...................................................................................... 0. (Council Member James O. Trout passed away on April 25, 2000, and the appointment of a person to fill the unexpired term is pending.) OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. CITY CLERK-REAL ESTATE VALUATION-MUNICIPAL AUDITOR-COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss personnel matters, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, being the performance evaluation of the City Clerk, Director of Finance and Municipal Auditor, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris moved that Council concur in the request of the Mayor to convene in a Closed Meeting to discuss personnel matters, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Harris and Mayor Bowers ......................................................................................... 6. NAYS: None ......................................................................................... 0. At 12:20 p.m., the Mayor declared the meeting in recess. 278 At 1:45 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. ACTION: COUNCIL: With respect to the Closed Meeting just concluded, Mr. Hudson moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, and Mayor Bowers--5. NAYS: None ......................................................................................... 0. (Vice-Mayor Harris left the meeting during the Closed Session.) At 1:47 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., on Monday, May 1, 2000, the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding. PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain, William White, Sr., Linda F. Wyatt, C. Nelson Harris (arrived at 2:40 p.m.) and Mayor David A. Bowers ........................................................................................................ 6. ABSENT: None .................................................................................. 0. (Council Member James O. Trout passed away on April 25, 2000, and the appointment of a person to fill the unexpired term is pending.) OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Sr., Assistant City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. 279 COUNCIL-DECEASED PERSONS: Mr. Hudson offered the following resolution memorializing the late James O. Trout, Councilman, civic leader, and friend, who passed away on April 25, 2000: ACTION: (#34768-050100) A RESOLUTION memorializing the late James O. Trout, Councilman, civic leader, friend. (For full text of Resolution, see Resolution Book No. 63, page 4.) Mr. Hudson moved the adoption of Resolution No. 34768-050100. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, and Mayor Bowers ....................................................................... 5. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent.) PUBLIC INFORMATION OFFICER: The City Manager introduced Christopher L. Slone, Public Information Officer, who assumed his new position on April 27, 2000. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to one request for a Closed Meeting to discuss personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) 280 ACTION: ACTION: Mr. White moved that Council concur in the request of the Mayor to convene in a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, and Mayor Bowers ....................................................................... 5. NAYS: None ....................................................................... O. (Vice-Mayor Harris was absent.) RAIL SERVICE: A communication from Mayor David A. Bowers transmitting information with regard to the TransDominion Express project, which will bring passenger rail service back to Roanoke, was before Council. It was advised that the TransDominion Express was funded with $9.3 million by the recent session of the Virginia General Assembly, which represents about half of the estimated $20 million cost to get the project underway; the TransDominion Express would run from Bristol to Lynchburg, with stops in Abingdon, Pulaski, Radford, Christiansburg, Roanoke and Bedford; initial funding will be used to improve rail tracks along the route owned and operated by Norfolk Southern, with the remaining $10 million to be used to purchase or lease modern, high-speed inter-city trains; it is expected that the first decade of passenger rail service in this part of Virginia will have to be subsidized by the Commonwealth of Virginia; and this "state service railroad" is similar to the Charlotte-Raleigh operation in North Carolina. The Mayor further advised that he will continue to work on the National Mayors' Advisory Council for Amtrak seeking to extend the national passenger service through Roanoke; and the Presidents of Radford University and Virginia Tech have expressed strong support for the development of passenger rail service which will provide another transportation option for the thousands of college students in the New River Valley. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that the communication be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, and Mayor Bowers ....................................................................................... 5. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent.) REGIONAL CHAMBER OF COMMERCE: A communication from Mayor David A. Bowers transmitting correspondence from John T. Avis, Vice-President, Avis Construction Co. Inc.; Edwin C. Hall, President, Hall Associates, Inc.; James B. Lee, Director, Brown, Edwards & Co., L. L. P. and Robert C. Lawson, Jr., President, Roanoke Crestar in support of the City of Roanoke/Roanoke Regional Chamber of Commerce Community Business Development Initiative, was before Council: The Mayor advised that the above referenced letters indicate that the CBDI's funding was cut by 70 per cent during the CDBG budget review process; this continues to be a very important undertaking by the Chamber of Commerce and the City, especially for small businesses in the area; and accordingly, he requested that the matter be referred to 2000-01 budget study for further consideration by Council. ACTION: (For full text, see communications on file in the City Clerk's Office.) Mr. White moved that the communication be referred to 2000-01 budget study. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................................... 5. NAYS: None ....................................................................... 0. (Vice-Mayor Member Harris was absent.) COMMITTEES-ZONING: A communication from Louise M. Williams tendering her resignation as a member of the Board of Zoning Appeals, effective immediately, was before Council. (For full text, see communication on file in the City Clerk's Office.) 282 ACTION: Mr. White moved that the communication be received and filed, and that the resignation be accepted. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt and Mayor Bowers ....................................................................................... 5. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent.) REGULAR AGENDA At this point, Vice-Mayor Harris entered the meeting. HEARING OF CITIZENS UPON PUBLIC MATTERS: HIGHER EDUCATION CENTER: Senator John S. Edwards, Chairperson, Roanoke Higher Education Authority, expressed appreciation to the City for its support of the Roanoke Higher Education Center. He stated that the City has contributed $2.5 million to the project and has committed to build a $5 million parking garage off Shenandoah Avenue next to the Higher Education Center and to spend approximately $3 million on infrastructure improvements in the area all of which are extremely important to the success of the project. He added that the Higher Education Center project is on schedule, with a proposed completion date of August 15, with 16 institutions and approximately 1200 students to begin using the facility in late August or early September, 2000. He introduced Dr. Thomas McKeon, Executive Director, Roanoke Higher Education Center, to present a status report on the project. Dr. McKeon advised that the project demonstrates the vision of Council in a number of major areas from economic development, to education, to quality of life. He expressed appreciation to the City Manager and to City staff for working with the Higher Education Authority on a complicated project that required a great deal of cooperation. He explained that there are 16 participating institutions, including eight private and five public colleges and universities, and two work force development programs, along with the involvement of the Roanoke City Public Schools. He advised that Roanoke's is the first center of its kind in the country that combines not only the finest in higher education, but also workforce development and public schools and the synergy created by a facility of this nature in this location will speak well for the City of Roanoke and serve as a major force in 283 economic development for the entire region. He stated that in approximately two weeks, infrastructure parking, sidewalks and landscaping in and around the Higher Education Center will be complete and at its next meeting, Council will receive a proposal for completing a portion of the infrastructure immediately surrounding the Higher Education Center. He presented each member of Council with a copy of the capital budget. Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., raised questions on behalf of residents of Gilmer and Patton Avenues, N. E., as well as other sections of Gainsboro in regard to parking issues. She suggested that residents who live in the area of the Higher Education Center be provided with residential parking permits to enable them to park in front of their homes. She inquired about hours of operation of the Higher Education Center, how will parking issues be addressed for those persons who live in the area, and how will security issues be addressed. The Mayor requested that the City Manager and staff of the Roanoke Higher Education Center meet with Ms. Bethel and residents of the area to discuss their concerns. Council Member Wyatt requested a summary of items included in the professional services budget of the Higher Education Center. Council Member White requested that the City Manager arrange for a tour of the Higher Education Center for the Members of Council. Without objection by Council, the Mayor advised that the remarks would be received and filed. PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: CITY PROPERTY-RAILSIDE LINEAR WALK: The City Manager submitted a written report advising that property located adjacent to the tracks of Norfolk Southern Railway Company between Second Street and South Jefferson Street was acquired by the City from the Norfolk ACTION: Southern Railway Company for development of the Railside Linear Park; pursuant to Resolution No. 34741-040300, Council authorized the recordation ora plat dedicating most of this area as public right-of-way; the resolution also created residual parcels behind each of the properties on Warehouse Row and these residual parcels are not needed by the City and may be disposed of as surplus property. It was further advised that City policy requires surplus property to be advertised and sold to the highest bidder if property can be used to construct a separate structure; however, if property is unsuitable for construction of a separate structure, as is the case with the parcels of land in question, the property may be offered to an adjacent property owner; the property is not needed by the City and may be conveyed to the adjacent landowner at no cost to the landowner; the parcels are of no use to anyone other than the adjacent landowner; and the City would be relieved of the cost of continued maintenance of the property. The City Manager recommended that Council authorize advertisement of a public hearing and, lacking any comments to the contrary, grant the City Manager authority to convey the parcels by quitclaim deed, to the adjacent landowner, in a form to be approved by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that Council concur in the recommendation of the City Manager. The motion was seconded by Mr. Hudson and unanimously adopted. OCCUPATIONAL NURSE: The City Manager submitted a written report advising that in March 1995, Council authorized a contract for part time physician services for the City's Occupational Health Clinic to provide public safety physicals, fitness for duty evaluation, employee sick calls and treatment of injuries; and the initial contract period will expire on June 30, 2000. It was further advised that after due and proper advertisement, one proposal was received for the required services from Dr. Darrell F. Powledge, MD, MPH, who is the current service provider; negotiations were conducted and an agreement was reached with Dr. Powledge to provide the required services at a cost of $117.50 per hour, which is the current hourly rate for Dr. Powledge, for approximately six hours per week; and funds to provide the service are included in the fiscal year 2001 recommended budget for Occupational Health, Account No. 001- 002-1263-2107. ACTION: 285 The City Manager recommended that she be authorized to enter into a contract, in a form to be approved by the City Attorney, for part- time physician services with Dr. Darrell F. Powledge, MD, MPH, for a period of one year, with an option to renew for four additional one year periods at a cost of $117.50 per hour. (For full text, see report on file in the City Clerk's Office.) Mro Hudson offered the following resolution: (#34769-050100) A RESOLUTION authorizing the City Manager to enter into a contract with Dr. Darrell F. Powledge, MD, MPH, to provide part-time physician services to the City of Roanoke for a period of one (1) year, with the option to renew for four (4) additional one (1) year periods. (For full text of Resolution, see Resolution Book No. 63, page $.) Mr. Hudson moved the adoption of Resolution No. 34769-050100. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Harris and Mayor Bowers ....................................................................... 5. NAYS: None ....................................................................... O. (Council Member Wyatt was out of the Council Chamber.) CHURCH AVENUE PARKING GARAGE-CENTURY STATION PARKING GARAGE-TOWER PARKING GARAGE-WILLIAMSON ROAD PARKING GARAGE-MARKET SQUARE PARKING GARAGE: The City Manager submitted a written report advising that the current parking rates for certain city owned or controlled downtown parking facilities consisting of Century Station Parking Garage, Church Avenue Parking Garage, Market Square Parking Garage, Tower Parking Garage, Williamson Road Parking Garage, Williamson Road Parking Lot and Viaduct Parking Lot were established by Resolution No. 33192-120296 adopted on December 2, 1996; operating expenses for the facilities continue to rise each year (3.2 per cent in the current fiscal year), and because the garages and lots are currently near capacity, there is little revenue increase anticipated due to the inability to increase the number of parking patrons; and in addition, AIIright Roanoke Parking, Inc., operator of City parking facilities, has proposed an amendment to the current management and operation services contract to include 286 additional services requested by the City which will enhance customer service and improve garage appearance for persons who park in the facilities. The City Manager recommended that Council approve an increase in parking rates as set forth in Attachment A to the report, which will generate an additional $178,000.00 in revenue during fiscal year 2000-01, and amend the Fee Compendium to increase parking rates for the Century Station Parking Garage, Church Avenue Parking Garage, Market Square Parking Garage, Tower Parking Garage, Williamson Road Parking Garage, Williamson Road Parking Lot and Viaduct Parking Lot; and that the City Manager be authorized to modify or waive parking fees and impose a $5.00 late fee for any payments received more than seven calendar days after such fees are due. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following resolution: (#34770-050100) A RESOLUTION providing for an amendment of the fees charged at Century Station Parking Garage, Church Avenue Parking Garage, Market Square Parking Garage, Tower Parking Garage, Williamson Road Parking Garage, Williamson Road Parking Lot, and Viaduct Parking Lot; and directing amendment of the Fee Compendium. (For full text of Resolution, see Resolution Book No. 63, page 6.) ACTION: Mr. Swain moved the adoption of Resolution No. 34770-050100. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Harris and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. ALLRIGHT ROANOKE PARKING, INC.: The City Manager submitted a written report advising that on July 28, 1997, the City of Roanoke entered into a five-year contract for management and operations services with AIIright Roanoke Parking, Inc. (AIIright) to operate the City's downtown parking facilities which consist of the Church Avenue Parking Garage, Market Square Parking Garage, Century Station Parking Garage, Tower Parking Garage, Williamson Road Parking Garage, Williamson Road Parking Lot and the Viaduct Parking Lot, effective August 1, 1997; the City is currently in the third 287 year of the five-year contract; and two issues regarding the above referenced parking facilities will require an amendment to the existing contract between the City and AIIright Roanoke Parking, Inc., as follows: in connection with removal of the Hunter Viaduct, there was a reduction in parking spaces available on the parking lot underneath known as the Viaduct Parking Lot; because of the reduction in available spaces, beginning in July 1998, AIIright voluntarily agreed to reduce its management fee by $16,505.37 through July 31, 2000, and it was anticipated that the lot would be back in full service no later than that date; however, in February 2000, the lot became fully available again, although it was anticipated that the lot would not be fully available until August 2000, when it again would have the number of available spaces reduced; because the lot is not anticipated to be permanently returned to full service, it would be appropriate to remove that portion of the management fee covering unavailable spaces from the management and operations contract, and enter into a temporary month-to-month management agreement with AIIright for operation of approximately 94 temporarily available spaces ending in approximately in August 2000; the month-to-month agreement as more fully summarized in the report. In an effort to improve maintenance and cleanliness of the remaining parking facilities, and to raise the level of customer service received by citizens, as requested by the City, AIIright has proposed the hiring of additional maintenance staff, upgrading uniforms worn by personnel to make them more identifiable, and improving the wage structure of employees to stabilize the workforce, as set forth in AIIright's proposal dated March 30, 2000; and additional services will require an increase in the fee currently charged by AIIright to the City for management and operations services, effective July 1, 2000, at an additional cost for the first year of $42,995.16, with a 2.97 per cent increase for the next year. The City Manager recommended that she be authorized to enter into an amendment to the contract between the City of Roanoke and AIIright Roanoke Parking, Inc., dated July 28, 1997, adjusting the fee to coincide with the number of available spaces, enter into a month to month agreementwith AIIright for operation of the temporarily available spaces at the Viaduct Parking Lot until on or about August 15, 2000, or longer if needed, and adjust annual fees to compensate for additional services requested by the City, as more fully set forth in the report, in a form to be approved by the City Attorney. (For full text, see report on file in the City Clerk's Office.) 288 ACTION: Mr. Swain offered the following emergency ordinance: (#34771-050100) AN ORDINANCE authorizing an amendment to the contract for management and operation services between the City of Roanoke and AIIright Roanoke Parking, Inc. (AIIright), regarding certain parking facilities, dated July 28, 1997; authorizing a temporary agreement with AIIright for the management and operation of the Viaduct Parking Lot; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 10.) Mr. Swain moved the adoption of Ordinance No. 34771-050100. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Harris and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager submitted a written report advising that the Help Eliminate Auto Theft (H.E.A.T.) grant program of the Commonwealth of Virginia Department of State Police provides funds for auto theft enforcement initiatives; the City of Roanoke has been awarded $2,899.00 in H.E.A.T. funds for the period March 1, 2000 to February 28, 2001; there is no local match for these grant funds; H.E.A.T. funds will be used for the purchase of 100 anti-auto theft devices to be distributed at no charge to citizens at a minimum of four public events and at a minimum of 25 neighborhood watch groups or civic group meetings; and grant funds also provide for the purchase of anti-auto theft publications to be disseminated at these same events and meetings. The City Manager recommended that Council appropriate $2,899.00 to the following grant fund account: Project Supplies 035-050-3319-206652,899.00 Increase revenue estimate in an account to be established by the Director of Finance. (For full text, see report on file in the City Clerk's Office.) 289 ACTION: Mr. Hudson offered the following emergency budget ordinance: (#34772-050100) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 12.) Mr. Hudson moved the adoption of Ordinance No. 34772-050100. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Harris and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. U. S. S. ROANOKE: The City Manager submitted a written report advising that at least 52 American ships have carried the name "Roanoke", including four United States Navy vessels between 1854 and 1995; the first two naval vessels were named after the Roanoke River, and the two most recent "Roanokes" were named for the City of Roanoke. It was further advised that the History Museum of Western Virginia is dedicating a new exhibit called Ships and Shipmates of the Roanoke Valley on May 12, 2000, with special guest, United States Senator John Warner; the History Museum has requested that the City seek Senator Warner's assistance in the naming of a future ship after the City of Roanoke which would provide an excellent opportunity to market a unique part of Roanoke's history in partnership with the History Museum of Western Virginia; Roanoke is home to hundreds of Navy veterans and other veterans, and is located close to the Salem Veterans Administration Medical Center; Roanoke has always had a proud heritage of recognizing its military heroes and promoting the City around the world; and Roanoke is a five-time Ali-America City and it is appropriate that a fifth United States Navy vessel be named after the City of Roanoke at this time. The City Manager recommended that Council adopted a resolution requesting that United States Senator John W. Warner assist the City of Roanoke in securing its name on a Navy ship. (For full text, see report on file in the City Clerk's Office.) 290 ACTION: Mr. Swain offered the following resolution: (#34773-050100) A RESOLUTION expressing support for the naming of a United States Navy vessel after the City of Roanoke. (For full text of Resolution, see Resolution Book No. 63, page 13.) Mr. Swain moved the adoption of Resolution No. 34773-050100. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Harris and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. CITY ATTORNEY: CITY CODE-CITY MANAGER-CITY GOVERNMENT-CITY EMPLOYEES: The City Attorney submitted a written report transmitting an ordinance amending various sections of the City Code in order to make Code sections consistent with the reorganization recently effected by the City Manager; in most cases, it is advisable to make the changes in the City Code so as to avoid confusion as to who is responsible for certain City operations; and every affected City Code section has not been amended, only in those instances where it appears that there might be confusion. The City Attorney also transmitted a resolution reestablishing membership of the Roanoke Interagency Council, which action is also necessary because of reorganization. The City Attorney recommended that Council adoptan ordinance which has been reviewed by the City Manager's Office and a resolution reestablishing the membership of the Roanoke Interagency Council. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency ordinance: (#34774-050100) AN ORDINANCE amending and reordaining certain provisions of the Code of the City of Roanoke (1979), as amended, by amending subsection (f) of §2-37, Office hours, work weeks and holidays; subsection (d) of §2-45, Leave of absence for educational purposes; subsection (g) of §2-54, Paid leave; §2-58, ACTION: 291 Definitions; §2-61.1, City_ manaqer to I~romulgate grievance procedure; §2-62, Establishment and composition of department of personnel management; §2-63, Appointment and control of manager of personnel; manager to serve free from restraint, interference or coercion by other employees, boards, etc.; subsections (a) and (b) §2-64, General powers and duties of manager of personnel management; §2-67, Promotions in classified service; §2-68, Classification plan; subsection (b) of §2-69, Pay Dian; §2-87, Technical and clerical assistance; §2-89, Keeping of records; subsections (d) and (e) §14-16, Placement for collection generally, §17-1, Local board of public welfare designated; §17-14, Definition; §17-15, Created; composition; §17-18, Selection and term of chairman; designation of secretary; subsection (a) §17-20, Functions, powers and duties; subsection (a) §20-121, Removal of inoperative vehicles; §20-123, Appeals; §24-24, General responsibilities of manager; §24-25, Fidelity bonds for certain personnel; §24-26, Rates for use and terms; subsections (a) and (b) of §24-27, Special revolving bank checking account for receipts; §24-28, Refund of receipts from advance ticket sales; §24-29, Authority of manager, assistant manager and box office manager to cash checks; subsection (a) of §24-30, Record of and settlement of accounts for rental even~; subsection (a) of§24-31, City-sponsored events; subsection (c) of §24-90, Charges for private use of recreation buildings or facilities; subsection (b) of §26- 66, Penalty for violations; deleting references to certain directors and directorates, establishing new names for certain departments, and establishing new titles for certain City officials and updating references to enabling legislation in the State Code, where applicable, with regard to the City's grievance procedure; and by the repeal of §17-2, Rules and regulations for operation of city home, all in order to provide for reorganization of certain city departments and functions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 15.) Mr. Hudson moved the adoption of Ordinance No. 34774-050100. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Harris and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. 292 ACTION: Mr. Hudson offered the following resolution: (#34775-050100) A RESOLUTION re-establishing the membership of the Roanoke Interagency Council. (For full t~xt of Resolution, see Resolution Book No. 63, page 29.) Mr. Hudson moved the adoption of Resolution No. 34775-050100. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Harris and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. DIRECTOR OF FINANCE: BUDGET-JUVENILE CORRECTIONAL FACILITIES: The Director of Finance submitted a written report advising that the Roanoke Valley Detention Commission (the Commission) was established by the Cities of Roanoke and Salem, and the Counties of Botetourt, Franklin and Roanoke; the Commission was created to remove and construct an addition to the existing City Detention Center to increase the rated capacity to an 81 bed facility and to equip, maintain and operate the Center; and Council appointed Glenn D. Radcliffe, Director of Human Development, and Jesse A. Hall, Deputy Director of Finance, as the City's representatives to the Commission. It was further advised that the Commission agreed to purchase the Detention Center real property and equipment, but allow the City of Roanoke to continue to administer and operate the facility until phase I, or 58 beds, of the renovation is completed; the Director of Finance was appointed by Council to serve as the temporary fiscal agent for the Commission; Phase I of the facility is scheduled to open in mid to late May, 2000; the City will continue to be the fiscal agent and provide accounting, payroll, retirement, and certain purchasing and personnel services for an annual fee of $45,000.00; the Commission is responsible for establishing a daily per diem rate for services provided to fund operating expenses; the Commission adopted an operating budget for the remainder of fiscal year 2000 and an operating budget for fiscal year 2001, which budgets and the per diem rate for services provided are for Council's information per the service agreement; and the budgets need to be appropriated within the City's accounting system in order for the City to properly administer accounting services. ACTION: The Director of Finance recommended that Council adopt two measures appropriating the Commission's operating budget for the remainder of fiscal year 2000 and for fiscal year 2001. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#34776-050100) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Roanoke Valley Detention Commission Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 30.) Mr. Harris moved the adoption of Ordinance No. 34776-050100. The motion was seconded by Mr. Swain and adopted by the following vote: 293 ACTION: AYES: Council Members Hudson, Swain, White, Wyatt, Harris and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. Mr. Harris offered the following emergency budget ordinance: (#34777-050100) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Roanoke Valley Detention Commission Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 33.) Mr. Harris moved the adoption of Ordinance No. 34777-050100. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Harris and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the City of Roanoke for the month of March, 2000. (For full text, see Financial Report on file in the City Clerk's Office.) 294 ACTION: ACTION: Without objection by Council, the Mayor advised that the Financial Report for the month of March would be received and filed. REPORTS OF COMMITTEES: BUDGET-SEWERS AND STORM DRAINS: Council Member Carroll E. Swain, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for construction of the Clara Avenue and Knollwood Road culvert replacement and Deyerle Road Storm Drain Project. It was advised that significant drainage problems have existed for many years along Murdock Creek, which is located in the Greater Deyerle Neighborhood; the project will replace the undersized street culverts on Clara Avenue and Knollwood Road and construct a storm drainage system along Deyerle Road near Valentine Avenue; and the project also represents downstream improvements which will allow future improvements on Chesterton Street where several houses are routinely flooded. The Bid Committee recommended that Council authorize the City Manager to enter into a contractual agreement with Aaron J. Conner, General Contractor, Inc., in the amount of $573,301.90 and 150 consecutive calendar days for completion of the work, with a ten per cent project contingency of $57,000.00; and adopt a budget ordinance transferring the necessary funds. The City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#34778-050100) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 35.) Mr. Swain moved the adoption of Ordinance No. 34778-050100. The motion was seconded by Mr. Hudson and adopted by the following vote: ACTION: 295 AYES: Council Members Hudson, Swain, White, Wyatt, Harris and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. Mr. Swain offered the following emergency ordinance: (#34779-050100) AN ORDINANCE accepting the bid of Aaron J. Conner, General Contractor, Inc., for replacing the undersized street culverts on Clara Avenue and Knollwood Road, constructing a storm drain system along Deyerle Road near Valentine Avenue, and downstream improvements which will allow the future improvements on Chesterton Street, upon certain terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 36.) Mr. Swain moved the adoption of Ordinance No. 34779-050100. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Harris and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: FIRE DEPARTMENT: Ordinance No. 34758, authorizing an amendment to a contract entered into by and between the City of Roanoke and Betty M. Branch dated September 10, 1999, whereby the artist may create three additional castings of a certain statue to be created, having previously been before the Council for its first reading on Monday, April 17, 2000, read and adopted on its first reading and laid over, was again before the body, Mr. Harris offering the following for its second reading and final adoption: 296 (#34758-050100) AN ORDINANCE authorizing an amendment to a contract entered into by and between the City of Roanoke and Betty M. Branch dated September 10, 1999, whereby the artist may create three additional castings of the statue to be created. (For full text of Ordinance, see Ordinance Book No. 63, page 1.) ACTION: Mr. Harris moved the adoption of Ordinance No. 34758-050100. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Harris and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. ZONING: Ordinance No. 34765, rezoning certain tracts of land located on the west side of Hollins Road, N. E., May Street and Pearl Avenue, identified as Official Tax Nos. 3140612, 3140613, 3140614, 3140615, 3140620, 3140621, 3140622, 3140623, 3140303, 3140305, 3140306 and 3140301, from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, subject to the proffers contained in the First Amended Petition filed in the City Clerk's Office on January 20, 2000, having previously been before the Council for its first reading on Monday, April 17, 2000, read and adopted on its first reading and laid over, was again before the body, Mr. Harris offering the following for its second reading and final adoption: (#34765-050100) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 314, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 63, page 1.) ACTION: Mr. Harris moved the adoption of Ordinance No. 34765-050100. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Harris and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. ACTION: 297 ZONING: Ordinance No. 34766, rezoning t~vo adjoining tracts of land located at 1031 Patterson Avenue, S. W., identified as Official Tax Nos. 1112009 and 1112010, from LM, Light Manufacturing District, to C-2, General Commercial District, subject to the proffers contained in the First Amended Petition filed in the City Clerk's Office on March 16, 2000, having previously been before the Council for its first reading on Monday, April 17, 2000, read and adopted on its first reading and laid over, was again before the body, Mr. Harris offering the following for its second reading and final adoption: (#34766-050100) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 111, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 63, page 3.) Mr. Harris moved the adoption of Ordinance No. 34766-050100. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Hudson, Swain, White, Wyatt, Harris and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. COUNCIL-YOUTH: Mr. Harris offered the following resolution changing the time and place of commencement of the regular meeting of City Council scheduled to be held at 12:15 p.m., on Monday, May 15, 2000, from the City Council Chamber to 12:00 noon in the Roanoke Ballroom at the Hotel Roanoke and Conference Center, 110 Shenandoah Avenue, N. W.: (#34780-050100) A RESOLUTION changing the time and place of commencement of the regular meeting of City Council scheduled to be held at 12:15 p.m., on Monday, May 15, 2000. (For full text of Resolution, see Resolution Book No. 63, page 37.) Mr. Harris moved the adoption of Resolution No. 34780-050100. The motion was seconded by Mr. Hudson and adopted by the following vote: 298 ACTION: AYES: Council Members Hudson, Swain, White, Wyatt, Harris and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: CITY PROPERTY-STREETS AND ALLEYS: Council Member Swain suggested that an update be included on the City Page of The Roanoke Times in regard to the status of asphalt and concrete applications on City property. CiTY ATTORNEY-COUNCIL: Mr. Harris moved that Council convene in a Closed Meeting to consider the performance evaluation of the City Attorney, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Hudson, Swain, White, Wyatt, Harris and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 2:30 p.m., the Mayor declared the meeting in recess. At 4:15 p.m., the meeting reconvened in the City Council Chamber, with Mayor Bowers presiding and all Members of the Council in attendance, with the exception of Vice-Mayor Harris who left the meeting during the Closed Session. COUNCIL: With respect to the Closed Meeting just concluded, Mr. Swain moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Hudson and adopted by the following vote: 299 AYES: Council Members Hudson, Swain, White, Wyatt, and Mayor Bowers ....................................................................... 5. NAYS: None ....................................................................... 0. (Vice-Mayor Harris was absent.) OATHS OF OFFICE-COMMITTEES-ZONING: The Mayor advised that there is a vacancy on the Board of Zoning Appeals created by the resignation of Louise Williams, and called for nominations to fill the vacancy. Mr. Hudson placed in nomination the name of Clay Grogan. There being no further nominations, Mr. Grogan was appointed as a member of the Board of Zoning Appeals, for a term ending December 31, 2000, by the following vote: ACTION: FOR MR. GROGAN: Council Members Hudson, Swain, White, Wyatt and Mayor Bowers .............................................................. 5. (Vice-Mayor Harris was absent.) There being no further business, the Mayor declared the meeting adjourned at 4:17 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 300 SPECIAL SESSION .... ROANOKE CITY COUNCIL May 1, 2000 7:00 p.m. The Council of the City of Roanoke met in special session on Monday, May 1, 2000, at 7:00 p.m., in the Exhibit Hall, Roanoke Civic Center, 710 Williamson Road, N. E., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Resolution No. 34762-041700 adopted on April 17, 2000. PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers ......................................... 5. ABSENT: Vice-Mayor C. Nelson Harris .................................................... 1. (Council Member James O. Trout passed away on April 25, 2000, and Council has not appointed a person to fill the unexpired term ending June 30, 2000.) OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Deputy City Manager; James D. Grisso, Director of Finance; William M. Hackworth, City Attorney; and Sandra H. Eakin, Deputy City Clerk. The invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. BUDGET-GRANTS-TAXES: The Mayor advised thatthe purpose of the meeting is to hold a public hearing to receive comments from citizens with regard to the recommended 2000-01 City budget and the recommended HUD Consolidated Plan budget, and the real estate tax rate for the fiscal year 2000-01. Notices of the public hearings were published in The Roanoke Times on April 18, 2000 and April 21, 2000. (See publisher's affidavits on file in the City Clerk's Office.) The Mayor further advised that the City Manager has recommended a balanced fiscal year 2000-01 General Fund budget totaling more than $184 million, with no proposed tax increases; the recommended budget serves as the City's "strategic resource guidebook" as Roanoke strives to become a community of excellence for all people who live, work and visit the area; and the proposed budget has been built upon the following objectives: 301 Creation of a more efficient, accessible municipal government; Enhancement of the education system; Improvement of services to neighborhoods; Expanded communication with citizens; and Maintenance of the City's financial stability and integrity. The Mayor stated that in the new millennium, Roanoke will be a more efficient, accessible municipal government with improved performance in all areas from education to economic development; and Roanoke will embrace technological advances, provide more seamless services to citizens and strengthen initiatives and programs for neighborhoods. He added that the goal is to make Roanoke a place where people choose to live; and to coordinate service delivery and reduce bureaucratic red tape, Roanoke will undergo a restructuring, with the number of departments reporting to the City Manager to be reduced from 43 to 15, departments will be grouped together toward common themes, such as organizational support, operations, and community development to promote shared ownership of problems and solutions. The Mayor advised that the Finance Department has projected available revenue for fiscal year 2000-01 at $184,052,468.00, an increase of $7.6 million, or 4.33 per cent more than the revenue estimate for fiscal year 1999-2000; and highlights of the fiscal year 2000-01 budget are as follows: $44.5 million of local funds for the Roanoke City Public Schools, an increase of $1.8 million over fiscal year 1999-00. Enhanced economic development efforts which are crucial to the future of Roanoke. Improved services to neighborhoods. Enhanced communication with citizens; and an enhanced employee compensation package. He further advised that also submitted in the proposed budget is the annual $4.3 million HUD Entitlement budget, with recommended expenditures, as follows: Community Development - $ 3,692,308.00 Homeless/Human Services - $ 368,463.00 Planning/Administration - $ 320,995.00 302 The Mayor inquired if there were persons present who would like to be heard; whereupon, the following persons addressed Council. Wanda Wingo, representing the Roanoke City Retired Teachers Association, expressed appreciation for recent efforts in bring the salaries of City school teachers in line with the national average; however, pensions of retired teachers and administrators continue to remain below the national average. She referred to House Bill 1844 which went into effect in July 1999, that provides retired teachers and administrators who taught for 15 years or more with a monthly health insurance credit of $2.50 for each year they taught, with a cap of $75.00. She explained that local governing bodies may elect to give retired teachers an additional monthly health insurance supplement of $1.00 for each year they taught in the Commonwealth of Virginia, with a cap of $30.00. She added that if these two benefits were combined, retirees would be provided with health insurance comparable to that of other state employees. She explained that according to records of the Virginia Retirement System, 500 retired teachers and administrators in Roanoke City are eligible for this health insurance credit, although based on years of service, not all of the 500 would be eligible to receive the full $30.00. She advised that it would cost the City of Roanoke less than $200,000.00 to extend this benefit to Roanoke City retired educators and noted that the City of Salem, Botetourt County, Craig County, and Bedford and Campbell Counties currently provide this benefit to their retired educators. On behalf of Roanoke City retired teachers and administrators, she requested that Council seriously consider allocating funds for this purpose. Ms. Delores Rorrer, representing Roanoke City Retired Teachers, addressed Council in support of the remarks of Ms. Wingo. Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools, presented information on how previous budgets have benefitted the school system, in turn allowing the schools to prepare Roanoke's students for future success. He explained that school budgets over the past five years have focused on improvement and expansion of classroom services for students, an emphasis has been placed on increased teacher salaries, reducing primary grade size, increasing the number of pre-school classes and enhancing teacher classroom skills, all of which have resulted in signifiCant improvement in the readiness of students for school and increased the ability of teachers to achieve sustained growth in the student's academic performance. He stated that the School Board's General Fund budget request for fiscal year 2000-01 totals $102 million, which represents an increase of almost $5 million over the current school year budget. He explained that City funds comprise 46 per cent of the total school revenue and represents an increase of 3.5 per cent over fiscal year 1999-00, City revenue estimates include approximately $205,000.00 to support locally funded pre-school programs, which is an initiative that is intended to serve young persons three to four years old to prepare them for kindergarten. He added that data reveals that 82 per cent of young people who have 303 completed the program read at or above grade level; therefore, on behalf of the School Board, he expressed appreciation to Council for its continued support of early childhood development programs. Dr. Harris advised that the $5 million increase in revenue will be used to fund the following school priorities: maintenance of educational services at a cost of $1.2 million, employee salary raises at a cost of $2.2 million, and educational program enhancement at a cost of $1.4 million. He called attention to measures that have been taken over the past five years which have led to a savings of $1.5 million that was returned to the budget. He added that the proposed budget includes a salary increase of six per cent for teachers with more than 28 years of service, administrators and teachers will receive an average salary increase of 3.3 per cent, and classified employees will receive an average increase of 3.65 per cent. Dr. Harris explained that specific educational enhancements will occur as a result of the proposed budget, the School Board's priority to implement state incentive programs and local educational incentives that directly contribute to improvements in student performance will cost $1.4 million and include expansion of teacher professional development by extension of the annual contracts of 150 teachers by five days to enable those teachers to become masters in working with the Standards of Learning, the number of teaching positions will be increased by five to match the state incentive for additional teaching positions, and three of the positions will be added to the English as a Second Language Program. He advised that since 1992, as a result of funds provided by the City of Roanoke and the Commonwealth of Virginia, 165 teaching positions have been added which allows for the quality of education provided throughout the City's 29 schools and five special programs. He stated that local magnet school programs at three schools will be revitalized with additional supplies, equipment and in service training for teachers, and instructional techniques will be enhanced through the addition of three technology specialists to assist with training and repair work. He emphasized that over the last five years, approximately $15 million has either been spent or encumbered to insure that Roanoke's schools, teachers and students have the latest in technology equipment. He advised that school safety will be emphasized through the use of two high school resource officers and the upgrade of high school security staff, and library media centers at selected schools will be open during the late afternoon and evening hours to better serve the community. He further advised that the school budget includes $200,000.00 as an addition to the School Board's debt service reserve, which now totals almost $600,000.00, the objective of which is to accumulate a reserve of $1.6 million for 2005 to finance the school system's share of the cost of upgrading Roanoke's two high schools, at an estimated cost of $78 million, with improvements at Patrick Henry scheduled to start in 2004 and improvements at William Fleming to start in 2006. 304 On behalf of the School Board, Dr. Harris expressed appreciation for Council's past support and advised that the Roanoke City School Board looks forward to approval of the proposed 2000-01 budget. Elizabeth Doughty, President, Roanoke Regional Chamber of Commerce, advised that the proposed 2000-01 City budget demonstrates leadership and, on behalf of the Chamber of Commerce, she expressed support for programs and plans that will help Roanoke, its citizens and its employees to come closer to fulfilling their potential. She stated that the Chamber of Commerce is particularly supportive of additional funding for education, support of the Roanoke Higher Education Center, a proposed bond issue for economic development, and pay raises for City employees to help reduce the turn over in key positions while helping to attract talented people for City jobs. Ms. Doughty called attention to an area where there is an opportunity for greater commitment or leadership, the Community Business Development Initiative (CBDI), which is a program that the Regional Chamber of Commerce houses in cooperation with the Roanoke Regional Small Business Development Center. She advised that since October 1998, CBDI has offered a program to assist in the starting of new businesses and growing small businesses in Roanoke's inner City, which program relies on Community Development Block Grant funds from the City. She expressed concern that for fiscal year 2000-01, funding was proposed to be reduced by 70 per cent during the CDBG review process. She explained that the CBDI is in its first full year of operation and to have funding cut when the program is just getting started makes the work completed to date wasted. She advised that the program has limited its expenditure of funds to essentials for the rest of this budget year to allow for carry over of funds to the next year, but this money will not allow the program to operate at current levels, much less allow the program to mature and to meet the demands for the kind of technological assistance that will help to revitalize the inner city business district. Ms. Doughty explained that the Roanoke Regional Chamber of Commerce is requesting a minimum of $125,000.00 to keep the Community Business Development Initiative moving forward, funds will be leveraged with private funds and the Chamber of Commerce will contribute in-kind support through rent free office space and assistance by the Small Business Center. She encouraged that Council study the funding request of CBDI and demonstrate leadership by committing to the project through funding at a minimum of $125.000.00. Ms. Leslie Tramuel, owner of Designs by Leslie, Flowers and Gifts, appeared before Council in support of increased funding for the Community Business Development Initiative which has assisted her and other small businesses in the areas of marketing, business planning and bookkeeping. 3O5 Ms. Kay Hale, Executive Director, West End Center, expressed appreciation for those funds that are earmarked for the facility expansion capital project of the West End Center. She commended the City Manager on her recommendation to remove certain administrative funds from the Community Development Block Grant budget to enable the funds to be used for community development purposes. No other persons wishing to be heard, the public hearing on the proposed fiscal year 2000-01 City budget and HUD Consolidated Plan budget was concluded. The Mayor advised that the second public hearing addresses the 2000-01 real estate tax rate. He further advised that the proposed fiscal year 2000-01 budget includes no increase in the real estate tax rate, which is currently $1.21 per $100.00 of assessed value; the real estate tax is the single largest revenue source of the City; Roanoke has maintained a relatively strong real estate market; increased property values and new construction support a projected increase of 3.93 per cent in current year real estate taxes; and growth in real estate, personal property and sales taxes accounts for 67 per cent of new revenues anticipated in the fiscal year 2000-01 budget. The Mayor inquired if there were persons in attendance who would like to address the City's real estate tax rate, to which there was no response. There being no further business, the Mayor declared the special meeting adjourned at 8:05 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 306 PERSONNEL COMMITTEE ............ ROANOKE CITY COUNCIL May 5,2000 10:30 a.m. A meeting of the Roanoke City Council Personnel Committee, composed of the Members of the Roanoke City Council, was called to order on Friday, May 5, 2000, at 10:30 a.m., in the Emergency Operations Center Conference Room, 215 Church Avenue, S. W., City of Roanoke, with Chairperson David A. Bowers presiding. PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers ................... 6. ABSENT: None .................................................................................... 0. (Council Member James O. Trout passed away on April 25, 2000, and the appointment of a person to fill the unexpired term is pending.) OFFICERS PRESENT: Mary F. Parker, City Clerk. COUNCIL-CITY CLERK-CITY MANAGER-DIRECTOR OF FINANCE-CITY ATTORNEY-MUNICIPAL AUDITOR-REAL ESTATE VALUATION: Mr. Harris moved that the City Council Personnel Committee meet in Closed Meeting to discuss performance evaluations of the Director of Finance and the City Manager and to discuss annual salaries of the Council Appointed Officers, pursuant to Section 2.1- 344 (A)(1), Code of Virginia, (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Swain, White, Wyatt and Mayor Bowers ......5. NAYS: None ......................................................................................... 0. (Council Member Hudson was out of the Conference room.) At 10:37 a.m., the Chairperson declared the meeting in recess. At 12:30 p.m., the meeting reconvened in the Emergency Operations Center Conference Room, with all Members of the City Council Personnel Committee in attendance. ACTION: COUNCIL: With respect to the Closed Meeting just concluded, Mr. Swain moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such 3O7 public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, White, Wyatt, and Mayor Bowers .......................................................................................................... 6. NAYS: None ......................................................................................... 0. There being no further business, the Chairperson declared the meeting adjourned at 12:32 p.m. ATTEST: Mary F. Parker City Clerk APPROVED David A. Bowers Mayor 308 SPECIAL MEETING ...... ROANOKE CITY COUNCIL May 9,2000 3:00 p.m. The Council of the City of Roanoke met in special session on Tuesday, May 9, 2000, at 3:00 p.m., in the City Council Chamber, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor David A. Bowers presiding, pursuant to Section 10, Meetings of Council of the Roanoke City Charter, and Resolution No. 34763-041700, adopted by the Council on Monday, April 17, 2000. PRESENT: Council Members Carroll E. Swain, William White, Sr., Linda F. Wyatt, C. Nelson Harris, W. Alvin Hudson, Jr., and Mayor David A. Bowers ........... 6. ABSENT: None ...................................................................................... 0. (Council Member James O. Trout passed away on April 25, 2000, and the appointment of a person to fill the unexpired term is pending.) OFFICERS PRESENT: Darlene L. Burcham, City Manager; James D. Ritchie, Sr., Assistant City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. The Mayor referred to an article in the May 9, 2000 edition of The Roanoke Times entitled "Roanoke Proves Great Place to Live", and requested that the City Manager obtain more information regarding the case study prepared by Andrew Schiller, a doctoral student at Clark University in Worchester, Massachusetts. BUDGET: The Mayor advised that the purpose of the special meeting is to adopt the fiscal year 2000-2001 City operating budget and other related matters, pursuant to Resolution No. 34763-041700, adopted by Council at its regular meeting on Monday, April 17, 2000, as follows: May 16, 2000 309 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Vice-Mayor Harris and Members of Council: Pursuant to §10, Meetings of Council of the Charter of the City of Roanoke, I am calling a Special Meeting of City Council to be held at 10:00 a.m., on Wednesday, May 17, 2000, in the City Council Chamber, for the purpose of a Closed Meeting to discuss acquisition of real property for public purposes, pursuant to §2.1-344.A.3, Code of Virginia (1950), as amended, and to meet thereafter in open session to take certain actions relating thereto. Sincerely, DAB:MFP:ec David A. Bowers Mayor cc: The Honorable Ralph K. Smith, Mayor-Elect The Honorable William H. Carder, Vice-Mayor-Elect The Honorable William D. Bestpitch, Council Member-Elect Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Robert H. Bird, Municipal Auditor Willard N. Claytor, Director, Real Estate Valuation BUDGET: The Director of Finance submitted a certificate advising that funds required for the 1999-00 General Fund, Water Fund, Sewage Treatment Fund, Civic Center Fund, Transportation Fund, City Information Systems Fund, Materials Control Fund, Management Services Fund, Fleet Management Fund, Risk Management Fund, School Fund, and Grant Fund budgets will be available for appropriation. (For full text, see certificate on file in the City Clerk's Office.) 310 ACTION: ACTION: ACTION: Without objection by Council, the Mayor advised that the certificate would be received and filed. BUDGET: Mr. Harris offered the following emergency ordinance adopting the annual General Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001, in the total amount of $184,052,468.00: (#34781-050900) AN ORDINANCE adopting the annual General Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 38.) Mr. Harris moved the adoption of Ordinance No. 34781-050900. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. BUDGET-WATER RESOURCES: Mr. Hudson offered the following emergency ordinance adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001, in the total amount of $13,165,971.00: (#34782-050900) AN ORDINANCE adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 42.) Mr. Hudson moved the adoption of Ordinance No. 34782-050900. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. ACTION: 311 SEWERS AND STORM DRAINS-BUDGET: Mr. Swain offered the following emergency ordinance adopting the annual Sewage Treatment Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001, in the total amount of $10,681,945.00: (#34783-050900) AN ORDINANCE adopting the annual Sewage Treatment Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 43.) Mr. Swain moved the adoption of Ordinance No. 34783-050900. The motion was seconded by Mr. White and adopted by the following vote: ACTION: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. BUDGET-ROANOKE CIVIC CENTER: Mr. White offered the following emergency ordinance adopting the annual Civic Center Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001, in the total amount of $4,016,563.00: (#34784-050900) AN ORDINANCE adopting the annual Civic Center Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 45.) Mr. White moved the adoption of Ordinance No. 34784-050900. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... O. 312 ACTION: ACTION: BUDGET-TRANSPORTATION FUND: Ms. Wyatt offered the following emergency ordinance adopting the annual Transportation Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001, in the total amount of $2,806,324.00: (#34785-050900) AN ORDINANCE adopting the annual Transportation Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 46.) Ms. Wyatt moved the adoption of Ordinance No. 34785-050900. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. BUDGET-CITY INFORMATION SYSTEMS: Mr. Harris offered the following emergency ordinance adopting the annual Department of Technology Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001, in the total amount of $4,135,212.00: (#34786-050900) AN ORDINANCE adopting the annual Department of Technology Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 47.) Mr. Harris moved the adoption of Ordinance No. 34786-050900. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. ACTION: 313 GENERAL SERVICES-BUDGET: Mr. Hudson offered the following emergency ordinance adopting the annual Materials Control Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001, in the total amount of $133,533.00: (#34787-050900) AN ORDINANCE adopting the annual Materials Control Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 48.) Mr. Hudson moved the adoption of Ordinance No. 34787-050900. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. BUDGET-MANAGEMENT AND BUDGET: Mr. Swain offered the following emergency ordinance adopting the annual Management Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001, in the total amount of $126,180.00: (#34788-050900) AN ORDINANCE adopting the annual Management Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 50.) Mr. Swain moved the adoption of Ordinance No. 34788-050900. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. 314 ACTION: ACTION: BUDGET-FLEET MAINTENANCE FUND: Mr. White offered the following emergency ordinance adopting the annual Fleet Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001, in the total amount of $5,068,141.00: (#34789-050900) AN ORDINANCE adopting the annual Fleet Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 51.) Mr. White moved the adoption of Ordinance No. 34789-050900. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. BUDGET-RISK MANAGEMENT FUND: Ms. Wyatt offered the following emergency ordinance adopting the annual Risk Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001, in the total amount of $10,008,893.00: (#34790-050900) AN ORDINANCE adopting the annual Risk Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 52.) Ms. Wyatt moved the adoption of Ordinance No. 34790-050900. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. ACTION: 315 BUDGET-SCHOOLS: Mr. Harris offered the following emergency ordinance adopting the annual School Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001, in the total amount of $97,469,696.00: (#34791-050900) AN ORDINANCE adopting the annual School Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 53.) Mr. Harris moved the adoption of Ordinance No. 34791-050900. The motion was seconded by Mr. Hudson and adopted by the following vote: ACTION: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. BUDGET-SCHOOLS: Mr. Hudson offered the following emergency ordinance adopting the annual School Food Service Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001, in the total amount of $4,517,015.00: (#34792-050900) AN ORDINANCE adopting the annual School Food Service Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 55.) Mr. Hudson moved the adoption of Ordinance No. 34792-050900. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. ; 316 ACTION: BUDGET-GRANTS: Mr. Swain offered the following emergency ordinance adopting a portion of the annual Grant Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001, in the total amount of $398,137.00: (#34793-050900) AN ORDINANCE adopting a portion of the annual Grant Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 2000, and ending June 30, 2001; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 56.) Mr. Swain moved the adoption of Ordinance No. 34793-050900. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. PAY PLAN-BUDGET-CITY EMPLOYEES: Mr. White offered the following emergency ordinance adopting and establishing a Pay Plan for officers and employees of the City, effective July 1, 2000; providing for certain salary adjustments and merit increase; authorizing annual salary increments for certain officers and employees for use of private motor vehicles; authorizing annual salary increments for sworn police officers assigned to the Criminal Investigation Division; authorizing annual salary increments for certain members of the Fire-Emergency Medical Services Department who are certified as Emergency Medical Technicians; authorizing annual salary increments for certain members of the Fire-Emergency Medical Services Department who are members of the Regional Hazardous Materials Response Team; providing for continuat, on of a police career enhancement program; providing for continuation of a FirefighterlEmergency Medical Technician merit pay program; and repealing Ordinance No. 34277-051199, adopted May 11, 1999, to the extent of any inconsistency: (#34794-050900) AN ORDINANCE to adopt and establish a Pay Plan for officers and employees of the City, effective July 1, 2000; providing for certain salary adjustments and merit increases; authorizing annual salary increments for certain officers and employees for use of private motor vehicles; authorizing annual salary increments for sworn police officers assigned to the Criminal Investigation Division; authorizing annual salary increments for certain members of ACTION: 317 the Fire-Emergency Medical Services Department who are certified as Emergency Medical Technicians; authorizing annual salary increments for certain members of the Fire-Emergency Medical Services Department who are members of the Regional Hazardous Materials Response Team; providing for continuation of a police career enhancement program; providing for continuation of a FirefighterlEmergency Medical Technician merit pay program; repealing Ordinance No. 34277-051199, adopted May 11, 1999, to the extent of any inconsistency; and providing for an emergency and effective date. (For full text of Ordinance, see Ordinance Book No. 63, page 57.) Mr. White moved the adoption of Ordinance No. 34794-050900. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. DIRECTOR OF FINANCE-CITY CLERK-BUDGET-REAL ESTATE VALUATION-MUNICIPAL AUDITOR: Ms. Wyatt offered the following emergency ordinance establishing compensation for the City Manager, City Attorney, Director of Finance, Director of Real Estate Valuation, Municipal Auditor and City Clerk for the fiscal year beginning July 1, 2000: (#34795-050900) AN ORDINANCE establishing compensation for the City Manager, City Attorney, Director of Finance, Director of Real Estate Valuation, Municipal Auditor and City Clerk for the fiscal year beginning July 1, 2000; and providing for an emergency and an effective date. ACTION: (For full text of Ordinance, see Ordinance Book No. 63, page 62.) Ms. Wyatt moved the adoption of Ordinance No. 34795-050900. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. 318 ACTION: BUDGET-PENSIONS: Mr. Harris offered the following emergency ordinance providing for certain supplemental benefits under the City of Roanoke Pension Plan to certain members of such Plan and certain of their surviving spouses, excluding certain members of such Plan, to provide that any retiree who retired on or before July 1, 1999, who at any time during their membership in the plan received two years of creditable service for any one year employed, and whose annual retirement benefit exceeds $50,000.00, should not be eligible to receive a cost of living increase: (#34796-050900) AN ORDINANCE providing for certain supplemental benefits under the City of Roanoke Pension Plan to certain members of such Plan and certain of their surviving spouses, excluding certain members of such Plan; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 64.) Mr. Harris moved the adoption of Ordinance No. 34796-050900. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. BUDGET-CITY EMPLOYEES-PENSIONS: Mr. Hudson offered the following resolution relating to payment of a matching contribution of not less than five dollars nor more than twenty dollars to the International City Management Association Retirement Corporation Deferred Compensation Plan on behalf of any nontemporary employee of the City who makes a contribution of an equal amount on his or her own behalf to such Plan; and repealing Resolution No. 34280-051199, adopted May 11, 1999: (#34797-050900) A RESOLUTION relating to payment of a matching contribution of not less than five dollars nor more than twenty dollars to the International City Management Association Retirement Corporation Deferred Compensation Plan on behalf of any nontemporary employee of the City who makes a contribution of an equal amount on his or her own behalf to such Plan; and repealing Resolution No. 34280-051199, adopted May 11, 1999. (For full text of Resolution, see Resolution Book No. 63, page 66.) 319 ACTION: Mr. Hudson moved the adoption of Resolution No. 34797-050900. The motion was seconded by Mro Swain and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. BUDGET-HOUSING/AUTHORITY-COMMUNITY PLANNING- GRANTS: The City Manager submitted a written report advising that the United States Department of Housing and Urban Development requires that entitlement localities such as the City of Roanoke submit a five year Consolidated Plan, with annual updates, in order to receive Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funding. Itwas further advised that the current five year Consolidated Plan for the City of Roanoke will expire on June 30, 2000; the draft five year Consolidated Plan was made available for pubic review and comment for the 30 day period beginning April 11,2000; opportunities for citizen input were provided at public hearings held on October 26, 1999, January 13, 2000, March 30, 2000, and May 1, 2000; and the five year Consolidated Plan must be received by HUD onMay 15, 2000, in order for the City's fiscal year to begin on July 1, 2000. It was noted that funding for fiscal year 2000-01 would be available from the following sources: New HUD Entitlements Estimated Program Income Estimated Carry-over $ 2,830,000.00 400,000.00 1,156,762.00 Subtotal Estimated Leveraged Funds $ 4,386,766.00 $33,460,279.00 Total Estimated Budget $37,847,045.00 The City Manager advised that as requested during budget study sessions, the Roanoke Regional Chamber of Commerce Community Business Development Initiative program funding recommendation has been increased from $55,340.00 to $105,000.00; and, in addition, approximately $20,000.00 in carry-over funds ig anticipated to remain as of June 30, 2000, providing a total project amount of $125,000.00 for fiscal year 2000-01. 320 ACTION: The City Manager recommended that she be authorized to submit an approved five year Consolidated Plan to HUD for review and approval, provided there are no compelling objections to the Consolidated Plan. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following resolution authorizing the City Manager to submit an approved 5-Year Consolidated Plan to the United States Department of Housing and Urban Development (HUD) for review and approval, and authorizing execution of the appropriate documents for acceptance of such funding: (#34798-050900) A RESOLUTION authorizing the City Manager to submit an approved 5-Year Consolidated Plan to the United States Department of Housing and Urban Development (HUD) for review and approval, and authorizing the execution of the appropriate documents for the acceptance of such funding. (For full text of Resolution, see Resolution Book No. 63, page 67.) Mr. Swain moved the adoption of Resolution No. 34798-050900. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. BUDGET-CITY EMPLOYEES-PENSIONS: Mr. White offered the following emergency ordinance adding a new Section 22.1-5.1, Retirement supplement, to Chapter 22.1, Pensions and Retirement, of the Code of the City of Roanoke (1979), as amended; repealing Resolution No. 33845-051898, adopted May 18, 1998, and providing for an effective date: (#34799-050900) AN ORDINANCE adding a new §22.1-5.1, Retirement supplement, to Chapter 22.1, Pensions and Retirement, of the Code of the City of Roanoke (1979), as amended; repealing Resolution No. 33845-051898, adopted May 18, 1998; providing for an effective date; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 68.) ACTION: 321 Mr. White moved the adoption of Ordinance No. 34799-050900. The motion was seconded by Ms. Wyatt and adopted by the following vote: ACTION: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ........................................................................ 0. (For further discussion, see page 322) BUDGET-CITY SHERIFF-CITY EMPLOYEES-PENSIONS: Ms. Wyatt offered the following resolution amending Paragraph 1 of Resolution No. 34138-010499, providing for payment of a monetary supplement to certain officers and employees of the City of Roanoke Sheriff's Department who retire prior to attaining age sixty-five: (#34800-050900) A RESOLUTION amending Paragraph 1 of Resolution No. 34138-010499, providing for payment of a monetary supplement to certain officers and employees of the City of Roanoke Sheriff's Department who retire prior to attaining age sixty-five. (For full text of Resolution, see Resolution Book No. 63, page 69.) Ms. Wyatt moved the adoption of Resolution No. 34800-050900. The motion was seconded by Mr. Harris. 322 In regard to the previous agenda item, Ms. Wyatt requested a clarification by the City Manager; whereupon, the City Manager advised that the ordinance does not increase the amount paid for the health insurance supplement for City retirees, nor does it add dental insurance, both of which are items that the Council requested additional information. She further advised that the ordinance moves expenses for current City retirees, who receive the $159.00 supplement per month, to the City's Pension Plan, and Resolution No. 34800- 050900, which is the item currently under consideration, will continue the $159.00 payment per month to the four currently retired Sheriff's employees and other employees of the Sheriff's Department who retire on or before June 30, 2000, and will enable those employees to continue to receive the $159.00 supplement from the City's General Fund. Ms. Wyatt advised that it was her understanding that no changes were approved by Council during fiscal year 2000-01 budget study with regard to the $159.00 supplement and expressed opposition to the above referenced measures; whereupon, she requested that she be permitted to change her yes vote on Ordinance No. 34799-050900 to a no vote. The Mayor inquired if any member of Council objected to allowing Ms. Wyatt to change her vote; whereupon, Mr. White expressed an objection. Ms. Wyatt moved that Ordinance No. 34799-050900 be reconsidered. The motion was seconded by Mr. Harris and lost, Council Members Hudson, White and Swain voting no. Ms. Wyatt requested that the record reflect that it is her considered opinion that the action taken by Council in adopting Ordinance No. 34799-050900 and Resolution No. 34800-050900 was not what she agreed to during fiscal year 2000-01 budget study deliberations. Resolution No. 34800-050900 was adopted by the following vote: AYES: Council Members Swain, White, Harris, Hudson and Mayor Bowers ....................................................................... 5. NAYS: Council Member Wyatt .............................................. 1. ACTION: 323 TAXES-BUDGET-REAL ESTATE VALUATION: Mr. Harris offered the following emergency ordinance amending and reordaining Section 32-86, Financial eligibility, Code of the City of Roanoke (1979), as amended, by adding a new subsection (f) increasing from $27,000.00 to $30,000.00 the total combined annual income threshold and increasing from $80,000.00 to $100,000.00 the net combined financial worth threshold for qualification for real estate tax exemption for elderly and disabled persons for the tax year commencing July 1, 2001; and amending current subsection (f) of Section 32-86, Financial eligibility, to redesignate such subsection as subsection (g): (#34801-050900) AN ORDINANCE amending and reordaining §32- 86, Financial eligibility, Code of the City of Roanoke (1979), as amended, by adding a new subsection (f) increasing from $27,000.00 to $30,000.00 the total combined annual income threshold and increasing from $80,000.00 to $100,000.00 the net combined financial worth threshold for qualification for real estate tax exemption for elderly and disabled persons for the tax year commencing July 1, 2001; amending current subsection (f) of §32-86, Financial eligibility, to redesignate such subsection as subsection (g); and providing for an emergency and an effective date. (For full text of Ordinance, see Ordinance Book No. 63, page 70.) Mr. Harris moved the adoption of Ordinance No. 34801-050900. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Harris, Hudson and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. COUNCIL-DECEASED PERSONS: The Mayor pointed out that due to the death of Council Member James O. Trout on April 25, 2000, the City Attorney has advised the Members of Council that an election to fill the unexpired term of Mr. Trout must take place within 30 days of the vacancy. He stated that since Council will hold one regular meeting prior to May 25th, he would suggest that Council fill the vacancy at its May 15, 2000 meeting. Following discussion, it was the consensus of Council that the question of filling the vacancy of Council Member James O. Trout, deceased, for a term ending June 30, 2000, will be scheduled for the 2:00 p.m. session of Council on Monday, May 15, 2000. 324 The Mayor advised that Council invites suggestions by citizens regarding persons to fill the unexpired term of Council Member James O. Trout, ending June 30, 2000, by forwarding their remarks to the Mayor's Office or to the City Clerk's Office. There being no further business, the Mayor declared the special meeting adjourned at 3:40 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 325 REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL May 15,2000 12:00 noon The Council of the City of Roanoke met in regular session on Monday, May 15, 2000, at 12:00 noon, in the Crystal Ballroom at the Hotel Roanoke Conference Center, 110 Shenandoah Avenue, N. W., City of Roanoke, Virginia, with Mayor David A. Bowers presiding, pursuant to Rule 1, Reaular Meetings, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended, and pursuant to Resolution No. 34780-050100, adopted on Monday, May 1, 2000. PRESENT: Council Members Linda F. Wyatt, C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain and Mayor David A. Bowers .................................. 5. ABSENT: Council Member William White, Sr.- .......................................... 1. (Council Member James O. Trout passed away on April 25, 2000, and the appointment of a person to fill the unexpired term is pending.) OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The invocation was delivered by Scoff Katz, Member, Youth Services Citizen Board. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. The remainder of the meeting consisted of lunch and activities in connection with the year 2000 Student Government Day. Students from Patrick Henry High School and William Fleming High School were assigned to spend the day with Council Members and City staff to learn about City government and the various City departments. At 1:35 p.m., the Mayor declared the meeting in recess to be reconvened at 2:00 p.m., in the City Council Chamber. At 2:00 p.m., on Monday, May 15, 2000, the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding. 326 PRESENT: Council Members William White, Sr., Linda F. Wyatt, C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain and Mayor David A. Bowers ........... 6. ABSENT: None .................................................................................... -0. (Council Member James O. Trout passed away on April 25, 2000, and the appointment of a person to fill the unexpired term is pending.) OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Father Peter Papanikolaou, Priest, Holy Trinity Greek Orthodox Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. COUNCIL-YOUTH: On behalf of the Members of Council and City staff, the Mayor welcomed all Student Government Day 2000 participants. He presented a proclamation declaring Monday, May 15, 2000, as Student Government Day in the City of Roanoke. COUNCIL: The Mayor advised that there is a vacancy on the Roanoke City Council created by the death of Council Member James O. Trout and called for nominations to fill the vacancy. Mr. White placed in nomination the name of Dr. Wendell H. Butler. There being no further nominations, Dr. Butler was appointed to fill the unexpired term of Council Member James O. Trout, deceased, ending June 30, 2000, by the following vote: FOR DR. BUTLER: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ................................................. 6. Mr. Harris offered the following resolution: (#34802-051500) A RESOLUTION appointing Dr. Wendell H. Butler to fill the unexpired term of James O. Trout. (For full text of Resolution, see Resolution Book No. 63, page 72.) ACTION: 327 Mr. Harris moved the adoption of Resolution No. 34802-051500. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. Following adoption of Resolution No. 34802-051500, the Honorable Richard C. Pattisall, Judge, Twenty-third Judicial Circuit of Virginia, administered the Oath of Office to Dr. Butler. (Dr. Butler officially took his seat at the May 15, 2000, 7:00 p.m., Council Session.) SCHOOLS: The Mayor advised that on June 30, 2000, the three- year terms of office of Marsha W. Ellison, Sherman P. Lea and F. B. Webster Day as Trustees of the Roanoke City School Board will expire, and advised that the following names are before Council: James P. Beatty, F. B. Webster Day, Marsha W. Ellison, Sherman P. Lea, Gloria P. Manns and William E. Skeen. Accordingly, he called upon the City Clerk to call the roll on the election of three persons to fill the vacancies, effective July 1, 2000: FOR MR. BEATTY: None ......................................................-0. FOR MR. DAY: Council Members Harris, Hudson and Swain---3. FOR MS. ELLISON: Council Members White, Harris, Hudson and Mayor Bowers ............................................................................ -4. FOR MR. LEA: Council Members Wyatt, Hudson, Swain and Mayor Bowers ............................................................................. -4. FOR MS. MANNS: Council Members White, Wyatt, Swain and Mayor Bowers ............................................................................ -4. FOR MR. SKEEN: Council Members White, Wyatt and Harris---3. The Mayor advised that Marsha W. Ellison and Sherman P. Lea were reappointed and Gloria P. Manns was appointed as Trustees of the Roanoke City School Board for three year terms of office, commencing July 1, 2000 and ending June 30, 2003~ 328 PRESENTATIONS/ANNOUNCEMENTS ACTS OF ACKNOWLEDGEMENT-THE NEW CENTURY COUNCIL: The Mayor presented a crystal star to Ms. Kati Katajisto, representing the Bator School in Incubation Training, Finland. PROCLAMATIONS: The Mayor presented a Proclamation declaring Saturday, May 13, 2000, as Letter Carriers' Food Drive Day in the City of Roanoke. (For full text, see Proclamation on file in the City Clerk's Office.) PROCLAMATIONS-LANDMARKS/HISTORIC PRESERVATION- TOURISM: The Mayor presented a Proclamation declaring the week of May 14 - 20, 2000, as National Historic Preservation Week/Virginia Heritage Tourism Week in the City of Roanoke. (For full text, see Proclamation on file in the City Clerk's Office.) D. Kent Chrisman, Executive Director, Roanoke Valley Preservation Foundation, appeared before Council and discussed the merits of historic preservation. He presented copy of the official poster from the National Trust for Historic Preservation and Preservation Week 2000, the theme of which is, "Taking America's Past Into the Future", and requested that the poster be displayed in a prominent location in the Noel C. Taylor Municipal Building. He advised that as a part of National Historic Preservation Week, the Roanoke Valley Preservation Foundation developed criteria for historic preservation awards; whereupon, he reported that five out of nine awards presented in the year 2000 honor City of Roanoke recipients. Mr. Chrisman reviewed the following award recognitions: Evelyn S. Lander, Director, City of Roanoke Planning and Code Enforcement, who has been a leader in the Roanoke Valley preservation community for many years and helped to spearhead the Design '79 program which resulted in the designation of the Roanoke City Market as a Nationally Registered Historic District. She was also instrumental in creating the southwest and Gainsboro historic districts, she reviewed and influenced numerous historic preservation projects as staff liaison to the Architectural Review Board, and she was founder and long time Secretary of the Roanoke Valley Preservation Foundation. Agnew Seed Store, 301 Market Street, S. W., which started its business on Salem Avenue in 1897, moved to its present location on Market Street and Kirk Avenue in 1907, and is one of the oldest businesses on the Roanoke City Market. 329 Ronald and Shirley Thomas, property owners at 621 Day Avenue, S. W., which is a residential adaptive reuse for restoring an old home that was partially destroyed by fire. The house was constructed in 1912, and has been renovated on two occasions rising from an appraised value of $10,000.00 when the Thomas' purchased the property in 1992 to $107,300.00 today, which demonstrates the value of historic preservation to the community. The Raleigh Court Civic League and the Raleigh Court neighborhood for its support of a mass rezoning that will eliminate the conversion of single family houses to multi- family dwellings, which involved the down zoning of more than 1,000 properties in the Raleigh Court neighborhood. This preventative action avoids speculative rental investment practices which have eroded the historic character of neighborhoods throughout Roanoke and the Commonwealth of Virginia. Insystems Technology, Ltd., for their efforts to incorporate adaptive reuse of a former grain and food warehouse at 109 Norfolk Avenue, S. W. A $1.2 million renovation project was recently completed of an old storage building which was constructed in 1892 in Warehouse Row. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to two requests fora Closed Meeting to consult with legal counsel on a specific legal matter requiring the provision of legal advice by counsel, being the terms and conditions of a contract in negotiation; and to discuss personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. 330 COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) ACTION: Mr. White moved that Council concur in the request of the Mayor to convene in a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. COUNCIL: A report of the City Manager requesting that Council convene in Closed Meeting to consult with legal counsel on a specific legal matter requiring the provision of legal advice by counsel, being the terms and conditions of a contract in negotiation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. White moved that Council concur in the request of the City Manager to convene in Closed Meeting to consult with legal counsel on a specific legal matter requiring the provision of legal advice by counsel, being the terms and conditions of a contract in negotiation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. 331 ELECTIONS-COUNCIL: A communication from Gilbert E. Butler, Jr., Secretary, Roanoke City Electoral Board, transmitting the following certified copy of the Abstract of Votes cast in the General Election held in the City of Roanoke on Tuesday, May 2, 2000, was before Council. "ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the May 2, 2000 General Election, for: MAYOR NAMES OF CANDIDATES AS ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES) David A. Bowers 4,627 Ralph K. Smith 5,368 E. Duane Howard 315 Delvis O. "Mac" McCadden 4,836 Total Write-In Votes (See Write-Ins Certification) 0 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 2, 2000, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person has received the greatest number of votes cast for the above office in said election: Ralph K. Smith Given under our hands this 5th day of May, 2000. A copy teste: [ELECTORAL BOARD SEAL] Carl T. Tinsley, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board 332 "ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the May 2, 2000 General Election, for: MEMBER CITY COUNCIL AT LARGE NAMES OF CANDIDATES AS ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES) W. D. "Bill" Bestpitch 5,895 Angela Norman 5,073 Linda Wyatt 7,624 William H. "Bill" Carder 8,468 Donald L. Hogan 1,788 Carroll Swain 5,221 James O. "Jim" Trout 1,012 Total Write-In Votes (See Write-Ins Certification) 8 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 2, 2000, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has received the greatest number of votes cast for the above office in said election: William H. "Bill" Carder Linda F. Wyatt W.D. "Bill" Bestpitch Given under our hands this 5th day of May, 2000. A copy teste: [ELECTORAL BOARD SEAL] Carl T. Tinsley, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board "WRITE-INS CERTIFICATION Roanoke City Member City Council at Large General Election May 2, 2000 333 Total Votes Received (in figures) Write-Ins Invalid Write-Ins Valid Write-Ins (List in alphabetical order) Chris Chittum Ashby Coleman 2 Sara McGhee 1 Mark Oliver 2 Barry Stacey 1 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 2, 2000, do hereby certify that, with the continuation pages indicated, the above is a true and correct certification of the write-in votes cast at said election for the office indicated above. Given under our hands this 5th day of May, 2000. 334 ACTION: ACTION: ACTION: A copy teste: [Electoral Board Seal] Carl T. Tinsley, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Gilbert E. Butler, Jr., Secretary, Electoral Board Mr. White moved that the communication and Abstract of Votes be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. BLUE RIDGE COMMUNITY SERVICES: A communication from Rodney P. Furr, Chair, Blue Ridge Community Services Board of Directors, recommending ratification of the appointment of Linda H. Bannister as an at-large member of the Board of Directors, to fill a vacancy created by expiration of the term of office of Robert E. Lee, Jr., through December 31, 2002, was before Council. Mr. White moved that Council concur in the appointment of Linda H. Bannister as an at-large member of the Blue Ridge Community Services Board of Directors for a term of office through December 31, 2002. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: A communication from Mark A. Harris tendering his resignation as a member of the Roanoke Neighborhood Partnership Steering Committee, effective immediately, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that the communication be received and filed, and that the resignation be accepted. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: 335 AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. COMMITTEES-ROANOKE VALLEY RESOURCE AUTHORITY: A communication from Kit B. Kiser tendering his resignation as a City representative to the Roanoke Valley Resource Authority, effective upon appointment of a new representative, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that the communication be received and filed, and that the resignation be accepted. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. ROANOKE ARTS COMMISSION-ZONING-SCHOOLS-CITY MANAGER-PERSONNEL DEPARTMENT-OATHS OF OFFICE- COMMITTEES: The following reports of qualification were before Council: Rita D. Bishop as a member of the-'Roanoke Arts Commission for a term ending June 30, 2002; Clay Grogan as a member of the Board of Zoning Appeals to fill the unexpired term of Louise M. Williams, resigned, ending December 31, 2000; Michael F. Urbanski as a member of the Virginia Western Community College Board for a term ending June 30, 2003; James D. Grisso as a Commissioner of the Hotel Roanoke Conference Center Commission for a term ending April 12, 2004; James D. Ritchie, Sr., as Deputy City Manager, effective April 17, 2000; George C. Snead, Jr., as Assistant City Manager for Community Development, effective April 17, 2000; and 336 ACTION: Kit B. Kiser as Assistant City Manager for Operations, effective April 17, 2000. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mr. White moved that the reports of qualification be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: TECHNOLOGY BUSINESS ADVISORY COUNCIL: Ms. Doughty advised that the Technology Task Force was created from the Mayor's Technology Business Advisory Council at its March 10, 2000 meeting, and is composed of representatives of the technology community. She stated that members of the Task Force have engaged in discussions about its vision for Roanoke and reached the conclusion that Roanoke should do the following: offer an environment that provides "fertilizer" for entrepreneurs, or a community that would be a good place to start a business with good paying jobs and opportunities; become a community that is proud of itself, where manageable growth is led by high paying jobs; and become a vibrant technology community that creates opportunity, and acts as a magnet for technology and technology-based entrepreneurs. She advised that when the Task Force reviewed these ideas, it developed the following mission: For Roanoke to acknowledge manageable growth and the creation of well paying jobs, it must stimulate technology-based entrepreneurship. Ms. Doughty pointed outthat the Task Force looked at what other cities that are currently attracting high technology businesses have in common and arrived at several factors, i.e.: access to capital, technology people at both the workforce level and the management level, good ideas, a pleasant living environment, access to education, a fertile business environment, and technology infrastructure and access to customers. Next, she stated that the Task Force rated the Roanoke Valley in these kinds of characteristics and evaluated 337 Roanoke's competitive position based on the experience of entrepreneurs and technology people currently located in the Roanoke area, and, although the locality scored high in some areas, it did not score well in terms of access to capital, availability of technology management people, technology infrastructure and others. She advised that a ten point plan was prepared that calls for visibility and the Task Force recommends the creation of a Roanoke City Technology Commission that will continue to focus attention and act on the growth of technology companies in the region and work to implement the recommendations of the ten point plan. Ms. Doughty stated that it will be necessary to develop an aggressive promotional campaign that builds a reputation for Roanoke as a desirable location for technology-based entrepreneurs, and implementation of the plan requires more than the commitment of Council, but also the creation of partnerships. Mr. Harris moved that the report of Ms. Doughty be referred to the City Manager for appropriate response. The motion was seconded by Mr. Swain and adopted. SCHOOLS: Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools, presented a briefing with regard to proposed renovation plans for Patrick Henry and William Fleming High Schools. He advised that over the last 13 years, the school system has spent a total of $73.8 million for facility improvements in Roanoke and another $34.9 million for new equipment, which translates into $108.17 million to insure that Roanoke's schools are upgraded. He stated that out of a total of 21, seven elementary schools have been renovated, four middle schools have been renovated, six elementary schools have received air conditioning improvements, 38 permanent classrooms have been constructed to replace modular buildings, and obsolete air conditioning systems have been replaced at Fishburn Park Elementary School, William Ruffner Middle School and James Madison Middle School. He advised that projects scheduled for the next three years include $4.15 million in renovations for the Roanoke Academy for Mathematics and Science, Fishburn Park Elementary School and Fairview Elementary School will receive gymnasium and classroom additions, the balance of the schools that need permanent classrooms to replace all temporary classrooms will be addressed, and the remaining six elementary schools will be air conditioned. He further advised that the school system has spent $108.7 million to insure that its inventory of buildings and equipment ranks in the top five per cent of any school district in the country. 338 ACTION: Dr. Harris stated that the City is about to embark on a major upgrade of its two high schools, and the policy has been to renovate and improve schools based on the oldest buildings first. He explained that Patrick Henry and William Fleming High Schools were constructed in the late 1960's or early 1970's, therefore, they are in line for renovations estimated to cost a total of $78 million to bring the facilities to a level that would be acceptable to the community. He stated that renovation will begin with Patrick Henry because a $7.3 million grant was received from Federal Magnet money in 1992 which provided improvements at William Fleming. He stated that the City and the school system will share in the cost of the upgrades to the two high schools and discussion in regard to financing began several years ago when Council started to plan long term with the knowledge that the traditional ways of funding renovations would not work in this instance because of the enormous costs involved, and the school system has begun to build a debt service reserve, along with the City, so that there will not be a need to rely on bond referenda. He explained that the school system is building a $34 million reserve as is the City, a consultant will be hired to work with the Assistant Superintendent for Operations and a committee of citizens and employees commencing in May 2000, and this work will officially constitute a feasibility study in order to support a program to insure that over the next 50 years, Roanoke City students will be prepared for success when they leave the school system. He advised that in October 2003, design plans will be completed which will enable work to begin at Patrick Henry High School in May 2004, with a two year time frame for completion by June 2006, and improvements will begin at William Fleming in approximately May 2006 to be completed in June 2008. Without objection by Council, the Mayor advised that the remarks of Dr. Harris would be received and filed. PETITIONS AND COMMUNICATIONS: BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting appropriation of funds to the following school accounts, was before Council. $167,005.00 from the Capital Maintenance and Equipment Replacement Fund to provide funds for instructional technology, site-based technology, administrative technology, magnet school improvements, facility maintenance equipment, and plans for the Jackson Fitness Center. ACTION: 339 $20,695.00 for the Special Education Capacity Building (Sliver) program to provide funds to assist the division in providing direct services and in making systemic change to improve results for children with disabilities. The continuing grant program will be reimbursed 100 per cent by Federal funds. $184,450.00 from 1999 Bond funds for architectural fees for Roanoke Academy for Mathematics and Science improvements. A report of the Director of Finance recommending that Council concur in the request of the School Board, was also before the body. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#34803-051500) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General, School and School Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 72.) Mr. Hudson moved the adoption of Ordinance No. 34803-051500. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. SCHOOLS: A communication from the Roanoke City School Board requesting the close out of 44 school grants that have been completed, was before Council. It was advised that total outlays for the grants amounted to $9,289,256.45; and revenue for the grants was provided as follows: Federal funds - $5,620,989.90 State funds - $1,142,278.11 Fees and donations - $912,515.53 Local match - $1,602,473.01 340 ACTION: A report of the Director of Finance recommending that Council concur in the request of the School Board, was also before the body. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Harris moved that Council concur in the request. The motion was seconded by Mr. Swain and unanimously adopted. SCHOOLS: A communication from the Roanoke City School Board requesting approval of Literary Fund loan applications for improvements to Fishburn Park Elementary School and Fairview Elementary School, was before Council. It was advised that as the result of official School Board action at its meeting on May 9, 2000, the Board requests Council to approve the following Literary Fund loan applications: A total of $3.0 million for Fishburn Park Elementary School to provide improvements to include a gymnasium, six classrooms, existing window system replacement, and central air-conditioning. The debt service for this project will commence in fiscal year 2002-03 and will be paid by the School Board. A total of $2.0 million for Fairview Elementary School to provide improvements to include a gymnasium, three classrooms, existing window system replacement, and central air-conditioning. The debt service for this project will commence in fiscal year 2002-03 and will be paid by the School Board. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#34804-051500) A RESOLUTION authorizing the School Board for the City of Roanoke to make application for a loan from the State Literary F,,nd for modernizing Fishburn Park Elementary School. (For full text of Resolution, see Resolution Book No. 63, page 74.) Mr. Harris moved the adoption of Resolution No. 34804-051500. The motion was seconded by Mr. Hudson and adopted by the following vote: ACTION: 341. AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. Mr. Harris offered the following resolution: (#34805-051500) A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for adding to and improving the present school building at Fishburn Park Elementary School and declaring the City's intent to borrow to fund or reimburse such expenditures. (For full text of Resolution, see Resolution Book No. 63, page 75.) Mr. Harris moved the adoption of Resolution No. 34805-051500. The motion was seconded by Mr. Hudson and adopted by the following vote: ACTION: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. Mr. Harris offered the following resolution: (#34806-051500) A RESOLUTION authorizing the School Board for the City of Roanoke to make application for a loan from the State Literary Fund for modernizing Fairview Elementary School. (For full text of Resolution, see Resolution Book No. 63, page 76.) Mr. Harris moved the adoption of Resolution No. 34806-051500. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. Mr. Harris offered the following resolution: 342 (#34807-051500) A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for adding to and improving the present school building at Fairview Elementary School and declaring the City's intent to borrow to fund or reimburse such expenditures. (For full text of Resolution, see Resolution Book No. 63, page 77.) ACTION: Mr. Harris moved the adoption of Resolution No. 34807-051500. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: YOUTH: The City Manager introduced a briefing on the year 2000 Summer Youth Program. Ryan Hubbard, a senior at William Fleming High School, presented information on the Youth Public Safety Academy which will run for three weeks beginning July 10, 2000. Jamie Payne presented information on the Job Training Camp Internship Program. William Krause presented information on the Summer Food Service Program. Daniel Tucker presented information on Summer Time 2000 Programs through Roanoke City's Parks and Recreation Department. Ashby Donahue presented information on the 2000 Reading Program. Scoff Katz presented information on a joint effort of the City's Office on Youth with the Roanoke Valley 4-H Program. ACTION: 343 Without objection by Council, the Mayor advised that the briefing would be received and filed. POLICE DEPARTMENT: The City Manager introduced a briefing with regard to citizen involvement in the review of complaints concerning the Police Department. A. L. Gaskins, Police Chief, advised that several months ago, he submitted a recommendation to the City Manager in regard to appointing two citizens to a discipline review panel that was an attempt to enhance the community policing policy by offering more involvement by the community in the Police Department, which also coincided with the City Manager's Community Relations Task Force recommendations. Brenda Powell, representing the City Manager's Community Relations Task Force, appeared before Council and advised that the Task Force has been in existence for several years and in each of its reports to the City Manager, a recommendation has been submitted for appointment of a Citizen Review Panel. She further advised that after having investigated the citizen review panel currently in existence in the City of Richmond, Roanoke's Community Relations Task Force recommends that four citizens be appointed to a review panel for the Roanoke City Police Department, and that the individuals be required to attend the Police Academy and serve on the panel on a rotating basis. The City Manager advised that the Community Relations Task Force conducted its own investigation, held conversations with City of Richmond officials and citizens who participated in the panels and arrived at the conclusion that adding citizens to the current disciplinary process is the most appropriate means to address the situation. She called attention to meetings with several representatives of citizen groups that appeared before Council in March, 2000 to discuss the report and recommendation, they chose to take the recommendation under advisement, and the City contacted the U. S. Department of Justice for input regarding model programs. She advised that citizens will be allowed to participate, as graduates of the Citizens Police Academy, in the oral interview boards to be conducted with police recruits, which will encourage citizen participation in expanded ways with the Police Department at both the beginning of a police officer's career and in those instances where there are complaints regarding actions of police officers. 344 ACTION: Upon request for clarification, the City Manager advised that the current review process consists of four ranking officers who make a recomme~dation to the Chief of Police and the Chief of Police makes the final decision on disciplinary action to be taken, the Police Chief can return matters back to the committee as he deems necessary, and the four citizens who are being recommended to the panel would be a part of the process; therefore, a review panel of eight individuals would make a recommendation to the Chief of Police who would make the final decision regarding actual disciplinary action in a particular instance. She called attention to the confidential nature of matters to be addressed; therefore, there will be a challenge to both represent the community and also be true to the confidential nature of the issues. Without objection by Council, the Mayor advised that the briefing would be received and filed. TRAFFIC-LEGISLATION: Ms. Lander advised that Council is being requested to repeal the existing inoperative motor vehicle ordinance and adopt a new ordinance that enacts new provisions that will assist the City in removing junk cars from the City's residential neighborhoods. She stated that since undertaking the removal of inoperati~*e vehicles in 1996, the City has been instrumental in encouraging its legislators to adopt additional revisions to the Code of Virginia to address inoperative motor vehicles in urban areas and City staff has been effective in addressing approximately 4,400 vehicles in the City of Roanoke alone. She advised that about 95 per cent of inoperative vehicle complaints were resolved as a result of voluntary compliance by property owners, and the other five per cent were resolved through the actual towing of the inoperable vehicle, which effort has been achieved by using two inspectors from the City Planning Department that are also responsible for zoning enforcement, and a third inspector was recently added to the Department of Planning and Code Enforcement by the City Manager. She presented a brief overview of the proposed amendments which will streamline and speed up the vehicle removal process, limit the number of vehicles on a property, and provide further consistency with state enabling legislation, as set forth in Section 15.2-905, Code of Virginia; specifically, the proposed amendments will provide for the following: Section 20-124: The definition of an inoperable vehicle has been changed to be consistent with state code; In order to not be considered inoperable, a vehicle must be in operating condition, display valid license plates and an inspection decal that is not expired by more than 60 days; ACTION: 345 Section 20-125(b): Only one inoperable vehicle is permitted to be kept that is shielded or screened from view (i.e. fence, not a tarp); any other inoPerable vehicles must be kept within a fully enclosed building; Section 20-126(a): Violations must be brought into compliance within seven calendar days of the notice of violation (currently ten days); Section 20-126(c): Notice of an inoperable vehicle violation is given to the property owner upon which the vehicle is located and a violation notice (now an orange sticker) is placed on the car; the requirements for notifying the vehicle owner have been deferred until after the vehicle has been removed and there is improved access to the vehicle identification number; and Section 20-129: The appeals process has been simplified; ifa property owner is aggrieved, they can appeal in writing within seven days of the violation notice; an independent person appointed by the City Manager will hear the appeal within ten days of the filing of the appeal. Without objection by Council, the Mayor advised that the briefing would be received and filed. ITEMS RECOMMENDED FOR ACTION' BUDGET-PERSONNEL LAPSE FUNDS: The City Manager submitted a written report advising that salary lapse is generated as a result of employee turnover and vacancies in City departments; the status of personnel lapse was reported to Council during the first quarter of the current fiscal year; the purpose of the report is to transmit a budget ordinance that encompasses the entire fiscal year, eliminates the budgeted lapse amount, and adjusts affected departmental operating budgets; for fiscal year 1999-2000, a salary lapse of $879,325.00 is budgeted, while the total estimated salary lapse is actually $1,769,742.00, and has been allocated as more fully set forth in the report; estimated salary lapse will exceed the initial budgeted amount by $890,417.00; and a significant portion of this amount was generated by vacancies in public safety departments. It was further advised that by using excess lapse funds, the following departmental funding needs can be addressed: 346 Fire/EMS Department - $150,000.00 for overtime wages to cover shortages as a result of nine vacant positions and long-term illnesses. Communications - $64,000.00 to purchase 60 additional portable radios associated with the 800 MHz Trunking Radio Project for the Police Department. City Manager $43,290.00 for updating computer equipment, professional assistance with the Community Relations Task Force Annual Conference, professional fees to produce the City of Roanoke, Virginia Department of Economic Development newsletter and the City Page, and expenses to host the Virginia Municipal League Conference and the NCAA Championship games. Billings and Collections - $50,987.00 for overtime costs associated with implementation of the new utility billing computer system. The utility billing system interfaces with the handheld meter reading system and generates bills and service orders for water/sewer customers. Economic Development - $106,200.00 to cover economic development studies, office relocation costs, a new quarterly newsletter, dues for the Regional Industrial Facilities Authority, temporary wages due to vacancies, and recruitment expenses associated with search for the Director of Economic Development. Police - $20,000.00 for one-time costs associated with establishing a satellite police office in the Williamson Ro;d area. Circuit Court - $20,000.00 in juror expenses as a result of an increased number jury trials. D-Day Memorial - $50,000.00 for a contribution to the National D-Day Memorial Foundation. This is the fifth and final payment on a pledge of $250,000.00 over five fiscal years. Solid Waste Management - $350,000.00 to cover solid waste management tipping fees as a result of increased tonnage from residential collection and the Homeowners' Disposal Program. ACTION: 347 The City Manager recommended that Council authorize transfer of funds between accounts and the use of excess budgeted lapse funds as identified in Attachment A to the report. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#34808-051500) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 78.) Mr. White moved the adoption of Ordinance No. 34808-051500. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None .......................................... ' ............................ 0. BUDGET-PUBLIC WORKS: The City Manager submitted a written report advising that Council was previously advised of funding needs for environmental commitments related to the Consent Agreements and clean-up at the Public Works Service Center (PWSC); whereupon, she transmitted a chart showing the revised amount of funding needs identified to date, the schedule of expenditures required over the next three years and recommended funding sources; and in order to meet legal commitments for the current fiscal year, action by Council is needed to appropriate or transfer funds totali, ng $580,605.00 to the PWSC project. The City Manager recommended that Council authorize the transfer of funds, as follows: ApproDriationrTransfer From: Account Name Account Number Amount Roanoke River Flood Reduction 008-056-9620-9003 Public Facility Improvement 008-052-9671-9003 CMERP - FY 1999-00 (Reallocated from Other Projects - See Attachment) General Fund Contingency 001-002-9410-2199 $296,182.00 8,416.00 202,000.00 74,007.00 348 ACTION: Total - Appropriation/Transfer From $580,605.00 Appropriation/Transfer To: Account Name Account Number Amount Environmental Issues: Environmental Consultants/ Subcontractors Legal Costs Greenway Project Environmental Management System (Lee Faulkner) Stream Bank Restoration Audits (PWSC, P&R, ULS, etc.) 008-052-9670-9251 008-052-9670-9252 008-052-9670-9213 008-052-9670-9215 008-052-9670-9216 008-052-9670-9217 $223,105.00 30,000.00 50,000.00 30,000.00 17,500.00 15,000.00 Subtotal $365,605.00 Settlement State DEQ: Annual Hazardous Waste Clean-up Day (Community Projects) Greenway Project 008-052-9681-9214 008-052-9681-9213 $ 65,000.00 150,000.00 Subtotal $215,000.00 Total - App; apriation/Transfer To $580,605.00 (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#34809-051500) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 82.) Mr. Swain moved the adoption of Ordinance No. 34809-051500. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None .......................................................................0. ACTION: 349 BUDGET-WORKERS COMPENSATION: The City Manager submitted a written report advising that Workers' Compensation is defined as "exclusive remedy, under law, for all covered employees for compensating injuries and occupational diseases arising in the course of and within the scope of employment"; the City is currently self- insured for Workers' Compensation liability with excess insurance above the $1,000,000.00 (per occurrence) level; funding has been budgeted in the General Fund for the current fiscal year to cover Workers' Compensation wage and medical payments; and these types of fringe benefits are budgeted as a lump sum in the non-departmental category because annual charges for each department are difficult to accurately project. The City Manager recommended that Council authorize transfer of $800,000.00 to cover Workers' Compensation claims in departmental workers' compensation accounts from the following sources: Funding Sources: Account Number Amount Workers' Compensation - Wages Workers' Compensation - Medical 001-004-9110-1135 $400,000.00 001-004-9110-1140 $400,000.00 (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergencY budget ordinance: (#34810-051500) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 83.) Mr. Harris moved the adoption of Ordinance No. 34810-051500. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. POLICE DEPARTMENT-CITY CODE-TOWING CONTRACT: The City Manager submitted a written report advising that the Roanoke City Police Department utilizes a "rotating wrecker service list" when dispatching towing companies to remove vehicles from accident scenes or when vehicles are otherwise impeding the orderly flow of 35O traffic; to be included on the list, a wrecker service company must sign the City's Wrecker Service Contract and comply with specific requirements outlined in the contract; the 1992 Roanoke City Police Department current Wrecker Service contract no longer provides adequate compensation for the towing companies, nor does it include necessary insurance, inspection, and safety requirements; over the last three months, City representatives from the Police Department, Office of Management and Budget, and the City Manager's Office have been working in consultation with representatives of the local towing industry (Brown & Son, Robert Young, Weststar, and Wood's) to review and make recommendations for appropriate amendments to the Wrecker Service contract, Rules and Regulations, and corresponding sections of the City Code; and the Police Department conducted a survey to determine how localities across the state meet the towing needs of the community and discovered that most localities allow wrecker services to charge market rate prices and tow vehicles to their private secured lots. It was explained that proposed major changes in the City's rules and regulations will allow towing companies to store vehicles in private secured lots, to charge customers market rates, and to dispose of vehicles when appropriate; a vehicle will be stored in the City's impoundment lot only when the Police Department determines that the vehicle needs to be retained by the City as evidence, which change will substantially reduce the number of vehicles that are stored atthe City's impound lot; the Police Department and wrecker service companies have agreed to enhance public safety by ensuring that all tow vehicles have appropriate safety equipment to protect citizens, personnel, and the environment; to ensure that towing companies on the City's wrecker service list charge reasonable towing fees and adhere to the regulations set forth in the companies' contract with the City, a Towing Advisory Committee will be appointed by the City Manager, which Committee will meet quarterly and will be composed of representatives from the community, City of Roanoke Police Department, other public safety departments, and the towing industry; and recommended changes have been reviewed and approved by the City Attorney's Office and representatives of wrecker service companies that are included on the Roanoke City Towing list. The City Manager recommended that Council approve proposed changes to the City Code; that the City Manager be authorized to appoint a Towing Advisory Committee; and that the City Manager be authorized to execute wrecker service contracts. (For full text, see report on file in the City Clerk's Office.) ACTION: 351 Following discussion, it was the consensus of Council to refer the matter back to the City Manager and the City Attorney for review in regard to inclusion of a non-discrimination clause in all City contracts. BUDGET-HOUSING/AUTHORITY-DOWNTOWN NORTH-HENRY STREET REVIVAL COMMITTEE: The City Manager submitted a written report advising that on August 16, 1999, Council approved the City's investment concept to provide up to $5 million for a public parking garage and up to $3 million to improve public infrastructure in the Greater Gainsboro Redevelopment Area to service the Roanoke Higher Education Center, the Roanoke Neighborhood Development Corporation's planned office building, and the development of market rate apartments in the old Norfolk and Western General Office Building- South; infrastructure improvements within the public rights-of-way which include streets, utility systems, streetscapes, construction of a public parking structure and surface parking areas, and extension of a public alley, have been sufficiently finalized to identify the need to acquire and assemble certain parcels of land to allow the garage to be constructed; and the Roanoke Redevelopment and Housing Authority has been charged with the responsibility of acquiring and assembling such property. It was further advised that a written cooperation agreement should be executed between the Roanoke Redevelopment and Housing Authority and the City of Roanoke to specifically outline property acquisitions and related activities necessary to enable the City to construct a public parking garage in the Greater Gainsboro Redevelopment area; an appropriation of $550,000.00 to the Roanoke Redevelopment and Housing Authority is anticipated to be needed to secure the necessary properties, including legal and environmental work; timing is critical to the construction of the garage in order to insure that all properties will be available prior to anticipated award of the construction contract; and funds are available in undesignated capital fund interest to be used for this purpose. The City Manager recommended that she be authorized to enter into a Cooperation Agreement with the Roanoke Redevelopment and Housing Authority and that Council authorize appropriation of $550,000.00 to provide funds to the Roanoke Redevelopment and Housing Authority to carry out activities as set forth in said agreement. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#34811-051500) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 86.) ACTION: Mr. Swain moved the adoption of Ordinance No. 34811-051500. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. Mr. Swain offered the following resolution: (#34812-051500) A RESOLUTION authorizing execution of a Redevelopment Area Cooperation Agreement between the City of Roanoke and the Roanoke Redevelopment and Housing Authority to provide for implementation of certain aspects of the Redevelopment Plan for the Gainsboro Community Program Area, which Plan was approved by City Council on January 10, 1972 for the purpose of revitalizing that part of the City known as the Gainsboro Community. (For full text of Resolution, see Resolution Book No. 63, page 87.) ACTION: Mr. Swain moved the adoption of Resolution No. 34812-051500. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. REFUSE COLLECTION-PUBLIC WORKS: The City Manager submitted a written report advising that on March 20, 2000, Council authorized use of an alternate method of procurement identified as "competitive negotiation for other than professional services" to engage an organization qualified to collect, transport and dispose of household hazardous wastes for a one day collection event, which is one of the projects that came out of the agreements between the City of Roanoke, and the United States and the Virginia Department of Environmental Quality. ACTION: 353 It was further advised that specifications were developed and publicly advertised for the solicitation of proposals to collect, transport, and dispose of household hazardous wastes during a one day period; two responses were received and evaluated; and interviews were conducted with representatives of both organizations; and the Proposal Evaluation Team selected the firm of ECOFLO, Inc. of Greensboro, N.C., to provide the services. The City Manager recommended that Council accept the proposal of ECOFLO, Inc., in the amount of $130,000.00, with a project contingency of $20,000.00, and authorize the City Manager to enter into a contract, in a form to be approved by the City Attorney, for collection, transportation and disposal of household hazardous wastes which is scheduled to be held on June 17, 2000, from approximately 8:00 a.m. to 2:00 p.m.; and funding for the for the project is designated as follows: $62,500.00 in Account No. 008-052-9672-9214 as part of the agreement reached with the United States. $62,500.00 in Account No. 008-052-9681-9214 as part of the agreement reached with VADEQ. $5,000.00 from donations received from the City of Salem in Account No. 008-052-9672-8980. $20,000.00 Contingency in Account No. 008-052-9672-9214 as part of the agreement reached with the United States. (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following resolution: (#34813-051500) A RESOLUTION accepting the proposal of ECOFLO, Inc., for providing the services necessary for a Household Hazardous Waste Collection Day Event; authorizing the City Manager to execute a contract for the same; and rejecting other proposals made to the City for such services. (For full text of Resolution, see Resolution Book No. 63, page 88.) Mr. White moved the adoption of Resolution No. 34813-051500. The motion was seconded by Mr. Swain and adopted by the following vote: 354 ACTION: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. TRAFFIC-BUDGET-CONSULTANTS REPORTS-DOWNTOWN NORTH: The City Manager submitted a written report advising that Council appointed a committee to examine issues related to development of property along Henry Street in the Gainsboro Community; one of the adopted recommendations of the committee was to study parking in downtown Roanoke; and the study area is proposed to include the downtown area generally bounded by Williamson Road, 5th Street, Elm Avenue and Wells Avenue, as well as the Gainsboro neighborhood. It was further advised that City staff has requested proposals from qualified professional service firms to conduct the proposed parking study, and the firm of Wilbur Smith Associates, Inc., has been selected to conduct the proposed study, for a contract amount of $44,000.00; and the study will include an inventory of public and private parking in downtown Roanoke, an analysis of current and projected parking demand, an evaluation of the operation of City owned parking facilities, and a recommendation on appropriate strategies for improving parking opportunities in downtown Roanoke. The City Manager recommended that Council authorize the Director of Finance to transfer $50,000.00 from Capital Improvement Reserve - Streets and Bridges, to an account to be identified as Downtown Parking Study, to fund the contract and to provide a $6,000.00 contingency. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#34814-051500) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 89.) Mr. Hudson moved the adoption of Ordinance No. 34814-051500. The motion was seconded by Mr. Swain and adopted by the following vote: 355 AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. BUDGET-ROANOKE CiViC CENTER-CONSULTANTS REPORTS: The City Manager submitted a written report advising that the Civic Center facilities are in need of an evaluation of existing HVAC systems and a logical replacement and maintenance plan; and after advertisement and interviews, a selection committee selected the firm of Wiley & Wilson, A Professional Corporation as the best qualified consultant for the proposed work. It was further advised that a contract for architectural and engineering services for an evaluation of the existing HVAC systems, lighting, ice rink refrigeration needs and replacement plan, in the amount of $80,000.00, has been negotiated with Wiley & Wilson, A Professional Corporation, and funding for the services is available in the fiscal year 2000 Capital Maintenance and Equipment Replacement Program (CMERP) budget, as follows: Professional Consultant Services Contingency Total Funding $80,000.00 7,500.00 $87,500.00 The City Manager recommended that Council authorize a contract for the above described work and that the City Manager be authorized to execute a contract with Wiley & Wilson, A Professional Corporation, in the amount of $80,000.00, with a project contingency of $7,500.00; and that the Director of Finance be authorized to appropriate $87,500.00 from fiscal year 2000 CMERP to an account in the Civic Center Fund designated as "Civic Center HVAC Replacement Plan". (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#34815-051500) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General and Civic Center Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 90.) 356 ACTION: ACTION: Mr. Harris moved the adoption of Ordinance No. 34815-051500. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. Mr. Harris offered the following resolution: (#34816-051500) A RESOLUTION authorizing a contract with Wiley & Wilson, A Professional Corporation, for the evaluation of existing HVAC systems and a logical replacement and maintenance plan for the Roanoke Civic Center facilities. (For full text of Resolution, see Resolution Book No. 63, page 92.) Mr. Harris moved the adoption of Resolution No. 34816-051500. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. BUDGET-PARKS AND RECREATION: The City Manager submitted a written report advising that the Mill Mountain Park Improvements Project consists of construction of a new 2,100 square feet Visitor Center and 1,500 square feet Picnic Shelter in Mill Mountain Park; on February 7, 2000, Council approved the project at a total cost of $530,957.00; and Building Specialists, Inc., is the general contractor and the project is currently under construction. It was further advised that the Department of Parks and Recreation has indicated that private donations, in the amount of $37,000.00, have been collected, with additional pledges in the amount of $10,000.00 still outstanding, which brings the total amount generated by private funding to $47,000.00, with ongoing fund raising efforts continuing so as to reach a total of $50,000.00; the balance of pledges is anticipated to be collected within 30 days; and the following items are requested to be added to the project at a cost of $48,260.00: ACTION: 357 The clerestory windows and required roof structure, and all structural wood timbers $ 45,435.00 The exterior concrete masonry units $ 2,825.00 Cost Summary for the project is as follows: Amount of initial Contract Proposed Change Order No. $530,957.00 48,260.00 Total Amount of Proposed Contract $579,217.00 The City Manager recommended that she be authorized to execute Change Order No. 1, in the amount of $48,260.00, with Building Specialists, Inc., subject to the City receiving all necessary funding before Change Order No. 1 is executed, and appropriate $48,260.00 to Mill Mountain Park Improvements, Account No. 008-052-9711-9003, and establish an accounts receivable to be designated as "Private Party Contributions - Mill Mountain Visitors Center" in the amount of $48,260.00. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#34817-051500) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 92.) Mr. Harris moved the adoption of Ordinance No. 34817-051500. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. Mr. Harris offered the following emergency ordinance: (#34818-051500) AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 1 to the City's contract with Building Specialists, Inc., for improvements to Mill Mountain Park; and providing for an emergency. 358 ACTION: (For full text of Ordinance, see Ordinance BookNo. 63, page 93.) Mr. Harris moved the adoption of Ordinance No. 34818-051500. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. CITY CODE-WATER RESOURCES-CONSULTANTS REPORTS: The City Manager submitted a written report advising that on March 20, 2000, a seven member citizens committee appointed by Council concluded its work which began in April 1998 by formally presenting its recommendations to Council on the consultant's final report regarding the Carvins Cove Comprehensive Land Use Plan; Chairperson Elizabeth T. Bowles and Vice-Chairperson M. Rupert Cutler addressed Council and strongly supported the recreational activities in the plan with an emphasis on and a reminder that protection of Roanoke's water supply remains its number one objective; and after discussion and public comment, Council referred the report to the City Manager for recommendation. It was further advised that the Carvins Cove Reservoir Citizens Advisory Committee recommended that Council: (1) direct City staff to prepare, with citizen involvement, a management plan for water quality protection and recreation use of the City owned Carvins Cove Reservoir, based on the Whitesell Orrison conceptual land use plan, which covers such issues as trail redevelopment and user fees; and (2) initiate joint planning efforts with representatives of Roanoke and Botetourt Counties to assure long term protection of those parts of the Carvins Cove Reservoir watershed not owned by the City to avoid contamination of the parts of Catawba and Tinker Creeks which lie above the tunnels into Carvins Cove Reservoir; and the Water Department has met with the Department of Parks and Recreation and key persons associated with the Mayor's Committee for People with Disabilities regarding future implementation of the Plan. The City Manager pointed out that the City Administration accepts the report as a conceptual document that should guide future decision-making in the management of the property and agrees with its recommendations, with three exceptions: (1) The use of gasoline- powered boat motors up to but not exceeding ten horsepower should be allowed to continue; the reservoir is a large body of water and 359 electric trolling motors would not allow boats to safely return to the docks during inclement weather; (2) open hunting should not be allowed; however, the City administration would reserve the right to use selective means to control any animal population that presents a threat to the water supply with controlled hunting as a tool of last resort and (3) the existing picnic area should not be moved, but erosion control measures should be considered to address the concerns of the consultant's report recommending relocation of the picnic shelter. It was noted that the City administration supports the joint management of the reservoir by the Water Department and the Department of Parks and Recreation as presented in the consultant's report by assigning responsibility for water supply matters to the Water Department and administration of recreational activities to the Department of Parks and Recreation; and the Director of Utilities, subject to the City Manager's approval, should have the final decision regarding the suitability of proposed recreational and other activities in the Cove. It was advised that the Water Department has budgeted for installation of remote control gates for Catawba and Tinker tunnels; the City is mandated by the 1996 Safe Drinking Water Act amendments to complete a Source Water Assessment Plan in accordance with the State Health Department's guidelines that will further address or identify potential threats to the water supply in the reservoir to include evaluation of the impact of farming (e.g., 200 cow farm upstream of tunnel intake) on the water quality of receiving streams; the Source Water Assessment Plan, to be completed by January 2001, is a comprehensive study that will identify the boundaries of the assessment areas that supply public water and inventory contaminants and assess water system susceptibility to contamination, and the study should enable the City to address and/or identify concerns regarding Mr. Rupert Cutler's comments on land use in the Catawba and Tinker watersheds; and the City administration suggests that the issue of a conservation easement agreement with the Western Virginia Land Trust and the Virginia Outdoors Foundation should be further evaluated as to precise restrictions. The City Manager transmitted information regarding the Virginia Mountain Bike Patrol, a service currently provided at Explore Park, which is a volunteer organization that enters into an agreement with land managers to patrol trails designated for cycling; the program is beneficial and the City administration will recommend the program for support of the Land Use Plan as the City develops additional details of recreation management. 36O ACTION: The City Manager recommended that Council adopt the Carvins Cove Land Use Plan proposed by Whitesell Orrison, Inc., with the above described modifications and adopt a resolution to amend the City Code with regard to the following permitted activities at Carvins Cove Reservoir: Hiking Bicycling Horseback riding Picnicking Fishing Boating Use of gasoline boat motors not exceeding ten horsepower except for designated patrol personnel authorized by the City Manager. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency ordinance: (#34819-051500) AN ORDINANCE amending subsection (b) of §35-17, Designation and general use of recreational area, and §35-30, Possession or discharge of firearms, of Division I. Generally, of Chapter 35, Offenses-Miscellaneous, of the Code of the City of Roanoke (1979), as amended, to permit additional uses of the Carvins Cove area; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 94.) Mr. Harris moved the adoption of Ordinance No. 34819-051500. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. Elizabeth T. Bowles, Co-Chair, Carvins Cove Land Use Advisory Committee, appeared before Council in connection with the report and advised that the Committee's first interest is in protecting the quality of water and the safety of persons using Carvins Cove. 361 TRAFFIC-CITY CODE-LEGISLATION: The City Manager submitted a written report advising that on March 20, 2000, Council amended Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979), as amended, to regulate inoperable motor vehicles on any property zoned or used for residential purposes, or on any property zoned for commercial or agricultural purposes; Council was advised that an additional zoning inspector position had been transferred to the code enforcement area to strengthen the City's efforts and assist the existing two inspectors handling inoperable vehicles and zoning issues; and Council was advised that additional amendments to the inoperable vehicle code would be forthcoming to further improve enforcement of inoperable vehicles. It was further advised that the following amendments to the inoperable vehicle ordinance are proposed to streamline and speed up the vehicle removal process, limit the number of vehicles on a property, and provide further consistency with state enabling legislation contained in Section 15.2-905, Code of Virginia, 1950, as amended: Section 20-124: The definition of an inoperable vehicle has been changed to be consistent with state code. In order to not be considered inoperable, a vehicle must be in operating condition, display valid license plates and an inspection decal that is not expired by more than 60 days. Section 20-125(b): Only one inoperable vehicle is permitted to be kept that is shielded or screened from view (i.e. fence, not a tarp). Any other inoperable vehicles must be kept within a fully enclosed building. Section 20-126(a): Violations must be brought into compliance within seven calendar days of the notice of violation (currently ten days). Section 20-126(c): Notice of an inoperable vehicle violation is given to the property owner upon which the vehicle is located and a violation notice (now an orange sticker) is placed on the car. The requirements for notifying the vehicle owner have been deferred until after the vehicle has been removed and there is improved access to the vehicle identification number. 362 ACTION: Section 20-129: The appeals process has been simplified. If a property owner is aggrieved, they can appeal, in writing, within seven days of the violation notice. An independent person appointed by the City Manager will hear the appeal within ten days of the filing of the appeal. In addition to the above amendments, it was noted that City staff also is revising the City's contract for towing inoperable vehicles to ensure better service and improve removal procedures; (this contract is separate from the towing contract under consideration for vehicles on public right-of-way); and these amendments and future towing contract changes should result in inoperable vehicles being brought into compliance or removed within 21 days instead of the current 30-45 day period. The City Manager recommended that Council adopt an ordinance authorizing amendments to Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979), as amended; which amendments are proposed in an effort to enhance the overall quality of life in Roanoke's residential neighborhoods and to abate "junk car" nuisances that are of concern to citizens. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency ordinance: (#34820-051500) AN ORDINANCE repealing Article V, Kee_r)inp of Inoperative Motor Vehicles, of Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended, and adopting a new Article VI, Keeping of Inoperable Motor Vehicles, in Chapter 20; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 96.) Mr. Harris moved the adoption of Ordinance No. 34820-051500. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. ACTION: 363 CITY NURSING HOME-TOTAL ACTION AGAINST POVERTY-WEST END CENTER: The City Manager submitted a written report advising that the Roanoke City Nursing Home is scheduled for demolition in the very near future; kitchen equipment is located in the facility that could serve other organizations; Total Action Against Poverty's Transitional Living Center (TAP-TLC) submitted a proposal requesting Community Development Block Grant (CDBG) funds for, among other items, replacement of the walk-in cooler/freezer in the TAP-TLC kitchen, however, no CDBG funds were budgeted for TAP's request; the West End Center for Youth is in the process of purchasing property located at 1210 Patterson Avenue, S. W., and has requested kitchen equipment to be installed in the building as they expand services; and funding from CDBG will assist in purchase of the building. It was further advised that the former Roanoke City Nursing Home facility houses various pieces of kitchen equipment; a cooler/ freezer, which was purchased with General Funds, can be transferred to TAP-TLC, and other available equipment could be transferred to the West End Center; and equipment including the cooler/freezer must be removed since the nursing home facility is scheduled for demolition. In a good faith effort to assist two valuable entities in the City of Roanoke, the City Manager recommended that she be authorized to transfer the cooler/freezer currently located in the Roanoke City Nursing home facility to the TAP-TLC facility and other kitchen equipment, as needed, to the West End Center. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following resolution: (#34821-051500) A RESOLUTION authorizing the transfer of kitchen equipment from the former Roanoke City Nursing Home to Total Action Against Poverty's Transitional Living Center (TAP-TLC) and the West End Center for Youth, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 63, page 101.) Mr. Swain moved the adoption of Resolution No. 34821-051500. The motion was seconded by Mr. Harris and adopted by the following vote: 364 AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. BUDGET-ECONOMIC DEVELOPMENT: The City Manager submitted a written report advising that each fiscal year, Office of Management and Budget staff monitor departmental and operating expenses budgets and capital projects budgets to ensure that expenditures are in line with budgeted amounts; and certain economic development capital projects will require additional funding for expenditures that will occur this fiscal year: Economic Development-Capital Projects $332,931.00 Additional funds are needed for pending Economic Development initiatives, studies, and promotional materials. It was further advised that with over three quarters of the fiscal year complete, revenue trends indicate the following revenue sources will outperform their estimate by a significant amount: The personal property estimates were set conservatively for fiscal year 2000 due to Iow growth in fiscal year 1998. It is now apparent that it will outperform estimates for fiscal year 2000. The City will hold a second surplus equipment sale this fiscal year, which is anticipated to generate revenue beyond the estimate. The following revenue estimate adjustments are recommended: Personal Property Tax Sale of Surplus Property Total $445,000.00 50,000.00 $495,000.00 It was noted that the School Board receives 36.42 per cent of local tax revenues according to the formula used by the City and school administration to share revenues; based on the above revenue estimate adjustments, the School Board will receive an additional $162,069.00 of funding; (revenue from sale of surplus property is not shared); and the amount of revenue available for City administration funding needs totals $332,931.00. 365 The City Manager recommended that Council approve adjustments to the fiscal year 2000 budget and appropriate funds, as follows: Revenues: Personal Property Tax Sale of Surplus Property Total Expenditures: Transfer to School Fund (001-020-1234-0130) (001-020-1234-0861) (001-004-9310-9530) Transfer to Capital Projects Fund - Economic Development (001-004-9310-9508) $445,000.00 50,000.00 $495,000.00 $162,069.00 332,931.00 ACTION: Total $495,000.00 She further recommended that Council appropriate funds totaling $332,931.00 to an account in the Capital Projects Fund to be established by the Director of Finance and designated as "South Jefferson". (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency budget ordinance: (#34822-051500) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 102.) Mr. Hudson moved the adoption of Ordinance No. 34822-051500. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. CITY CODE-PENSIONS: The City Manager and Director of Finance submitted a joint report advising that the 1994 session of the Virginia Acts of Assembly requested the Virginia Retirement Systems 366 (VRS) and the Association for Municipal Retirement Systems of Virginia (AMRS) to study the portability of retirement benefits between the Commonwealth and its political subdivisions; and the following political subdivisions have established local retirement plans in lieu of participat;ng in VRS: Cities of: Charlottesville Danville Falls Church Newport News Norfolk Portsmouth Richmond Roanoke Counties of: Arlington Fairfax Powhatan Town of: Farmville The Portsmouth retirement system was closed to any new employees after July 1, 1995; and Powhatan and Farmville have defined contribution plans. It was further advised that on December 18, 1995, Council adopted Resolution No. 32792 authorizing the concept of portability; the 1996 Session of the Virginia Acts of Assembly approved portability of service credit between the VRS and certain political subdivisions of the Commonwealth having defined benefit plans (Section 51.1-143.1 and 51.1-801.1 of the Code of Virginia, as amended); pension portability provides employees with the opportunity to transfer their pension benefits when they transfer from one Virginia government employer and go to another; major advantages of portability are recruiting, encourage job opportunity mobility, provide more adequate retirement benefit and reduce record maintenance and costs; and portability of retirement benefits between the Commonwealth and its political subdivisions is a benefit current employees have requested. It was explained that portability issues that must be considered in transfer agreements are: years of service may not transfer year for year; after assets are transferred, members agree to forfeit all rights to benefits ~,nder the original plan; and reciprocal agreements must be established with each system - potentially ten agreements; and each retirement system has different structures and actuarial assumptions. ACTION: 367 The City Manager and the Director of Finance recommended that Council approve portability and authorize the Board of Trustees to approve portability agreements with other Virginia public retirement plans; portability is recommended only for members of the Employees' Supplemental Retirement System (ESRS); there are approximately 159 current City employees who are members of the Employees' Retirement System (ERS), therefore, it is recommended that a window of opportunity be available from July I through July 31 for those employees to transfer to the ESRS. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency ordinance: (#34823-051500) AN ORDINANCE amending Chapter 22.1, Pensions and Retirement, of the Code of the City of Roanoke (1979), as amended, by amending §22.1-22, Definitions, with regard to the definition of "membership service", and by adding a new §22.1-43.1, Portability of service - ESRS; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 103.) Mr. Swain moved the adoption of Ordinance No. 34823-051500. The motion was seconded by Mr. Harris and adopted by the following vote: ACTION: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. Mr. Swain moved that the following ordinance be placed upon its first reading: (#34824) AN ORDINANCE amending and reordaining §22.1-3, Membership Generally, of Chapter 22.1, Pensions and Retirement, of the Code of the City of Roanoke (1979), as amended, by adding a new subsection, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 128.) The motion was seconded by Mr. Harris and adopted by the following vote: 368 ACTION: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. CITY ATTORNEY: CITY CODE-PENSIONS-COUNCIL: The City Attorney submitted a written report transmitting an ordinance which will allow beneficiaries of the City's retirement plan who are drawing a pension, and who are elected to City Council, to elect either to discontinue receiving such pension and to accrue additional service credit, or to continue to receive the pension, but forego the accrual of additional service credit, which ordinance was reviewed by Mays and Valentine, legal advisors to the City's Pension Plan, who advised that the ordinance is consistent with pension plan laws. (For full text, see report on file in the City Clerk's Office.) Mr. Harris moved that the following ordinance be placed upon its first reading: (#34825) AN ORDINANCE amending Chapter 22.1, Pensions and Retirement, of the Code of the City of Roanoke (1979), as amended, by amending §22.1-11, Restoration of beneficiaries to membership, by the addition of a new subsection (e) to provide an option to certain beneficiaries regarding pension benefits and additional creditable service; and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 63, page 129.) The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. SEWERS AND STORM DRAINS: The City Attorney submitted a written report advising that on May 1,2000, Council adopted Ordinance No. 34779-050100 accepting the bid of Aaron J. Conner, General Contractor, Inc., for the Clara Avenue and Knollwood Road Culvert Replacement and the Deyerle Road Storm Drain Project; and during ACTION: 369 contract review process, it was discovered that two numbers were inadvertently transposed in the bid amount in Ordinance No. 34779- 050100. The City Attorney transmitted a measure correcting the bid amount from $537,301.90 to the correct amount of $573,301.90. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following emergency ordinance: (#34826-051500) AN ORDINANCE amending Ordinance No. 34779- 050100 to correct the bid amount for the award of a contract to replace the undersized street culverts on Clara Avenue and Knollwood Road, and constructing a storm drain system along Deyerle Road near Valentine Avenue; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 105.) Mr. Hudson moved the adoption of Ordinance No. 34826-051500. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. REPORTS OF COMMITTEES: TRAFFIC-BUDGET-SIGNALS AND ALARMS-STREETS AND ALLEYS: Council Member Carroll E. Swain, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for signalization of the Plantation Road/Preston Avenue intersection. : The Bid Committee recommended that Council accept the bid of J. B. Moob'e Electrical Contractor, Inc., in the amount of $63,423.00, in a form to be approved by the City Attorney, with a project contingency of $8,000.00, and 90 consecutive calendar days for completion of the work; and authorize the Director of Finance to transfer $71,423.00 from 1999 bond Account No. 008-052-9709-9191, to a new account to be designated as Signalization of Plantation Road/Preston Avenue. 370 ACTION: ACTION: The City Manager concurred in the recommendation of the Bid Committee. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#34827-051500) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 106.) Mr. Swain moved the adoption of Ordinance No. 34827-051500. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. Mr. Swain offered the following emergency ordinance: (#34828-051500) AN ORDINANCE accepting the bid ofJ. B. Moore Electrical Contractor, Inc., for the signalization of Plantation Road/Preston Avenue, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 107.) Mr. Swain moved the adoption of Ordinance No. 34828-051500. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. 371 SIDEWALK/CURB AND GUTTER-BUDGET-STREETS AND ALLEYS: Council Member Carroll E. Swain, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for completion of the year 2000 paving program. The Bid Committee recommended that Council accept the bid of Adams Construction Company, in the amount of $1,952,443.10, in a form to be approved by the City Attorney, and establish a contingency of $64,350.00 and 180 consecutive calendar days for completion of the work; appropriate $300,000.00 in CMERP funding to Street Paving, Account No. 001-052-4120-2010; transfer $100,000.00 from Transfer to Capital Projects Fund (fiscal year 1999-2000) to Street Paving, Account No. 001-052-4120-2010; and reject all other bids received by the City. The City Manager concurred in the recommendation of the Bid Committee. ACTION: (For full text, see reports on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#34829-051500) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63, page 108.) Mr. Swain moved the adoption of Ordinance No. 34829-051500. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. Mr. Swain offered the following emergency ordinance: (#34830-051500) AN ORDINANCE accepting the bid of Adams Construction Company for paving and profiling of various streets, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. 372 ACTION: ACTION: (For full text of Ordinance, see Ordinance Book No. 63, page 109.) Mr. Swain moved the adoption of Ordinance No. 34830-051500. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. SEWERS AND STORM DRAINS-BUDGET: Council Member Carroll E. Swain, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for construction of the Chesterton Street Sanitary Sewer Replacement project. The Bid Committee recommended that Council authorize the City Manager to execute a contract with J. P. Turner and Brothers, Incorporated, in a form acceptable to the City Attorney, in the amount of $80,015.00, with a project contingency of $7,985.00, and 90 days for completion of the work; reject all other bids received by the City; and authorize the Director of Finance to appropriate $98,000.00 from Sewer Fund Retained Earnings to a project account designated as "Chesterton Street Sewer Project" and provide for a project contingency and engineering of the project. The City Manager concurred in the recommendation of the Bid Committee. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#34831-051500) AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Sewage Fund Appropriations, and providing for an em3rgency. (For full text of Ordinance, see Ordinance Book No. 63, page 110.) Mr. Swain moved the adoption of Ordinance No. 34831-051500. The motion was seconded by Mr. Hudson and adopted by the following vote: ACTION: 373 AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. Mr. Swain offered the following emergency ordinance: (#34832-051500) AN ORDINANCE accepting the bid ofJ. P. Turner and Brothers, Incorporated, for installing approximately 1,000 feet of sewer main along Chesterton Street, upon certain terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance~ see Ordinance Book No. 63, page 111.) Mr. Swain moved the adoption of Ordinance No. 34832-051500. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: None. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: RAIL SERVICE: Mr. White advised that for a number of years, the Mayor has advocated the return of passenger rail service to the Roanoke Valley and to that end, he has met with officials in Washington, D. C. and Richmond, Virginia, to address the issue. He spoke in support of appointment of a committee to insure that the Roanoke Valley's interest in passenger rail service is protected, and advocated and that the Roanoke Valley is a part of any final decisions regarding funding. He suggested that Council appoint a Passenger Rail Service Study Committee composed of the following persons: 374 Mayor David A. Bowers City Manager Darlene L. Burcham Executive Director of Downtown Roanoke, Inc., R. Matthew Kennell State Senator John S. Edwards Council Member Carroll E. Swain Mr. White moved that Council appoint a Passenger Rail Study Committee composed of the above named individuals, the primary purpose of which will be to advocate passenger rail service to the Roanoke Valley and that the committee will serve for a period of three years from the date of appointment. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members White, Harris, Hudson, Swain and Mayor Bowers ........................................................................................ 5. NAYS: Council Member Wyatt ................................................. 1. Ms. Wyatt requested that the record reflect that not having had any previous discussions with Mr. White regarding the motion, and this being her first knowledge of the proposal to appoint a Passenger Rail Study Committee, she could not support the motion. Mayor Bowers and Council Member Swain advised that they would serve at the pleasure of the current Council and the incoming Council as of July 1, 2000. ROANOKE NEIGHBORHOOD PARTNERSHIP: Vice-Mayor Harris advised t~at in the past, Council has participated in neighborhood tours and requested that the City Manager work with the Roanoke Neighborhood Partnership Steering Committee to reinstate late afternoon neighborhood tours within the next 30 - 60 days. Without objection by Council, the Mayor advised that the matter would be referred to the City Manager. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 5:55 p.m., the Mayor declared the meeting in recess. At 6:50 p.m., the meeting reconvened in the Council Chamber with all Members of the Council in attendance, Mayor Bowers presiding. ACTION: ACTION: 375 COUNCIL: With respect to the Closed Meeting just concluded, Mr. Swain moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers ....................................................................... 6. NAYS: None ....................................................................... 0. OATHS OF OFFICE-COMMITTEES-ROANOKE VALLEY RESOURCE AUTHORITY: The Mayor advised that there is a vacancy on the Roanoke Valley Resource Authority Board of Directors created by the resignation of Kit B. Kiser, and called for nominations to fill the vacancy. Mr. Swain placed in nomination the name of Robert K. Bengtson. There being no further nominations, Mr. Bengtson was appointed as a City Representative to the Roanoke Valley Resource Authority Board of Directors, for a term ending December 31, 2000, by the following vote: FOR MR. BENGTSON: Council Members White, Wyatt, Harris, Hudson, Swain and Mayor Bowers .................. J- ............................ 6. At 6:53 p.m., the Mayor declared the meeting in recess until 7:00 p.m. On Monday, May 15, 2000, at 7:00 p.m., the Roanoke City Council reconvened in regular session in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding. 376 PRESENT: Council Members William White, Sr., Linda F. Wyatt, Wendell H. Butler (officially took his seat on Council to fill the unexpired term of James O. Trout, deceased, ending June 30, 2000), C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain and Mayor David A. Bowers .......................................................................... 7. ABSENT: None ................................................................... 0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Vice- Mayor C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Cub Scouts, Pack #1, First Presbyterian Church. LOCAL COLORS: Ms. Pearl Fu, representing the Roanoke Region, National Conference for Community and Justice, the organization that adopted Local Colors, advised that the year 2000 Local Colors celebration will be bigger and better, having grown from only four countries ten years ago to over 60 countries to be represented in the year 2000 celebration. She invited Council Members to attend activities on Sunday, May 21, 2000 from 12:00 noon until 5:00 p.m., on the City Market and inside Center in the Square; whereupon she introduced some of the participants who were dressed in native costume. Wendy Moore, Executive Director, NCCJ, expressed appreciation to Council for a grant through the Citizen Services Committee that will allow Local Colors to be a year round program by conducting training sessions with teachers in Roanoke Valley schools, and workplace diversity activities for inner faith programs. PUBLIC HEARINGS: ZONING: Pursuant to Resolution No. 25523 adopted by the Council o~ Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 15, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Mr. and Mrs. A. Dean Wilson that a 0.34 acre tract of land located at 4301 - 4305 Appleton Avenue, N. W., identified as Official Tax No. 6380108, be ACTION: 377 rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, April 27 and Thursday, May 4, 2000, and in The Roanoke Tribune on Thursday, May 4, 2000. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission recommending that the request be approved, advising that rezoning the small strip of land is reasonable and will have no adverse effect on the adjacent residential area, was before Council. (For full text, see report on file in the City Clerk's Office.) Mr. Harris moved that the following ordinance be placed upon its first reading: (#34833) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 638, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 63, page 130.) The motion was seconded by Mr. Hudsom The Mayor inquired if there were persons presentwho would like to address Council with regard to the request. There being none, Ordinance No. 34833 was adopted, on its first reading, by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Butler and Mayor Bowers ............................................................... 7. NAYS: None ....................................................................... 0. ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 15, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Consultants in Cardiology Services, Inc., that a tract of land located on the north side of Franklin Road, S. W., identified as Official Tax No. 1280602, be 378 ACTION: rezoned from LM, Light Manufacturing District, Commercial District, subject to certain conditions petitioner, the matter was before the body. to C-2, General proffered by the Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, April 27 and Thursday, May 4, 2000, and in The Roanoke Tribune on Thursday, May 4, 2000. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the petitioner proposes to use the site as a medical facilities complex consisting of medical clinics, offices, laboratories and related retail and medical service establishments, was before Council. The City Planning Commission recommended that Council approve the request, subject to certain proffered conditions. (For full text, see report on file in the City Clerk's Office.) Daniel F. Layman, Jr., Attorney, appeared before Council in support of the request of his client. Mr. White moved that the following ordinance be placed upon its first reading: (#34834) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 128, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 63, page 131.) The motion was seconded by Mr. Swain. The Mayor inquired if there were persons present who would like to address Council with regard to the request. There being none, Ordinance No. 34834 was adopted, on its first reading, by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Butler and Mayor Bowers ............................................................. 7. NAYS: None ....................................................................... 0. ACTION: 379 PARKS AND RECREATION-ROANOKE VISION, COMPREHENSIVE DEVELOPMENT PLAN: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 15, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke that the City's Comprehensive Development Plan for Roanoke, an element of Roanoke Vision, be amended to include the Parks Master Plan as an element of said Plan, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, April 30, 2000, and Sunday, May 7, 2000. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission recommending that Council approve the Comprehensive Parks and Recreation Master Plan and formally adopt the Plan as an element of the City's Comprehensive Plan, Roanoke Vision, was before Council. (For full text, see report on file in the City Clerk's Office.) Mr. Hudson offered the following resolution: (#34835-051500) A RESOLUTION approving the Comprehensive Parks and Recreation Master Plan, and amending Roanoke Vision, the City's Official Comprehensive Development Plan for Roanoke, to include the Comprehensive Parks and Recreation Master Plan. (For full text of Resolution, see Resolution Book No. 63, page 112.) Mr. Hudson moved the adoption of Resolution No. 34835-051500. The motion was seconded by Mr. Swain. The Mayor inquired if there were persons who would like to address the matter; whereupon, the following persons appeared before Council. Ms. Kathy Hill, 509 Arbor Avenue, S. E., expressed concern that the Parks Master Plan does not identify what is to be done in specific parks, but instead summarizes overall plans for Roanoke's parks. She added that the report does not refer to parks like Piedmont, Morningside, and Eureka which were not referred to in the last Parks Master Plan and the City is about to embark on another five to ten year plan that makes no mention of those parks. She referred to two specific neighborhoods that do not have parks: Edgewood/Morwanda Summit 380 off Melrose Avenue and the Ridgewood neighborhood. She advised that some parks have restroom facilities, lighting, playground equipmert, new signs, etc., while other City parks do not have the same amenities, and some neighborhoods apply for mini grants through the Roanoke Neighborhood Partnership to address their needs. She stated that Piedmont Park does not have a basketball court, a baseball diamond, or a soccer field, etc., the park caters to children ages two through ten and beyond age ten, there is nothing for children to do because they prefer a hard surface to play on; therefore, she requested that the goals for Piedmont Park be addressed through the Parks Master Plan. She called attention to previous discussions about spending millions of dollars to replace Victory Stadium, and advised that Victory Stadium should be renovated and the remainder of the funds should be used to upgrade some of Roanoke's parks. Beverly T. Fitzpatrick, Jr., Chairperson, Citizens Advisory Committee for the Parks and Recreation Master Plan, advised that Ms. Hill has expressed some of the concerns that were expressed by the Citizens Advisory Committee and the 1100 citizens that participated in the Parks Master Plan study. He explained that it was not the intent of the study to decide which parks would be closed, or which parks would receive ir~dividual playgrounds; however, once Council approves the Master Plan, Phase I will involve such issues as equity and safety to insure that amenities are distributed appropriately to all parks throughout the City. The Mayor requested that the Director of the Department of Parks and Recreation meet with Ms. Hill to discuss her concerns. Resolution No. 34835-051500 was adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Butler and Mayor Bowers ................................................................ 7. NAYS: None ....................................................................... 0. PURCHASE/SALE OF PROPERTY-CITY PROPERTY: Pursuantto Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 15, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal of the City of Roanoke to convey, by quitclaim deed, portions of City owned property located adjacent to the tracks of Norfolk Southern Railway Company between Second Street and South Jefferson Street, the matter was before the body. ACTION: 381 Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, May 7, 2000. (See publisher's affidavits on file in the City Clerk's Office.) Mr. Swain moved that the following ordinance be placed upon its first reading: (#34836) AN ORDINANCE authorizing the conveyance by quitclaim deed to adjacent landowners any interest the City may have in the residual portions of properties located to the rear of Warehouse Row, adjacent to the railroad tracks of Norfolk Southern Railway Company, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 63, page 133.) The motion was seconded by Mr. Hudson. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 34836 was adopted, on its first reading, by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Butler and Mayor Bowers ................................................................ 7. NAYS: None ....................................................................... 0. BONDS/BOND ISSUES-FLOOD REDUCTION/CONTROL: Pursuant to instructions by Council and Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 15, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke that Council approve a resolution authorizing the City to contract a debt and issue general obligation public improvement bonds of the City, in the principal amount of $7,500,000.00, for the purpose of providing funds to defray the cost of the Roanoke River Flood Reduction Project; a needed permanent public improvement, including, without limitation, channel widening, construction of protective dikes or berms in critical areas, flood proofing of certain buildings at the City's Sewage Treatment Plant, replacement of Iow water bridges, construction of a recreational trail and acquisition and construction of a flood warning system, and acquisition of real property for the foregoing: the general obligation public improvement bonds authorized for issuance under the proposed resolution are to be issued under the 382 ACTION: Public Finance Act of 1991, Title 15.2, Chapter 26, of the Code of Virginia, 1950, in lieu of and in substitution for, and not in addition to the general obligation bonds approved for issuance under the Charter of the City of Roanoke at the special election held in the City on April 11, 1989, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Monday, May 1, 2000, and Monday, May 8, 2000. (See publisher's affidavits on file in the City Clerk's Office.) Mr. Hudson offered the following resolution: (#3.1837-051500) A RESOLUTION authorizing the issuance and sale of seven million five hundred thousand dollars ($7,500,000.00) principal amount of City of Roanoke, Virginia, general obligation public improvement bonds; fixing the form, denomination and certain other details of such bonds; authorizing the preparation of a preliminary official statement and an official statement and the distribution thereof and the execution of a certificate relating to such official statement; authorizing the execution and delivery of a continuing disclosure certificate relating to such bonds; otherwise providing with respect to the issuance, sale and delivery of such bonds; and authorizing and providing for the issuance and sale of a like principal amount of general obligation public improvement bond anticipation notes in anticipation of the issuance and sale of such bonds. (For full text of Resolution, see Resolution Book No. 63, page 113.) Mr. Hudson moved the adoption of Resolution No. 34837-051500. The motion was seconded by Mr. Swain. Thc Mayor inquired if there were persons present who would like to address the matter whereupon, Elizabeth Belcher, Roanoke Valley Greenways Coordinator, advised that many persons from all walks of life use and enjoy the Roanoke River for recreation and Roanoke should not lose site of the valuable resource that it has in the Roanoke River. As the City moves forward with the flood reduction project, she requested the following: (1) continue to review the project critically to insure that the Roanoke River continues to be a river and not a storm water management facility; and (2) that the greenway project not be forgotten and that the City find ways to construct the greenway in conjunction with the flood control project which will be the most economical way to address the matter. 383 Resolution No. 34837-051500 was adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Butler and Mayor Bowers ................................................................ 7. NAYS: None ....................................................................... 0. CITY CODE-ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 15, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke to amend and revise Sec. 36.1-693, Notice of hearing, of the Code of the City of Roanoke (1979), as amended, to provide for certain forms of notification of the owners of property which is subject to a rezoning, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, April 30, 2000, and Sunday, May 7, 2000. A report of the City Planning Commission advising that a massive rezoning of over 1,100 properties in Greater Raleigh Court was undertaken by the Planning Commission in December, 1999, which required the individual posting of each property that was proposed for rezoning; this posting, or notice of hearing for the Planning Commission, was required by the City's zoning regulations and is in addition to the individual mailing notice to property owners and legal advertising requirements (two ads) stipulated by the Code of Virginia; and the posting activity in Greater Raleigh Court required several days' work for approximately 15 City staff in preparing and placing notices on the subject properties. It was further advised that future rezonings of similar size may occur in the future to correct zoning and land use patterns in accordance with prepared neighborhood plans; in an effort to modify this labor intensive effort to one that is more reasonable to implement, the Planning Commission considered a request to amend the zoning ordinance; and two alternatives were considered, i.e.: (1) eliminate the provision entirely or (2) require the individual posting of properties, if they were 25 or less in number, and the posting of notices at street intersections if greater than 25 properties are affected. It was explained that on February 22, 2000, these alternatives were shared with 28 City neighborhood leaders in the form of a letter requesting comments; staff received two comments from Evelyn Bethel, representing Historic Gainsboro, who advocated the alternative 384 that required posting of 25 properties or less and posting any higher number at intersections and Bill Bestpitch, representing Old Southwest, Inc., who advocated the posting of all properties, regardless of the number; and the matter was also discussed at a President's Council meeting in March and received general support from those in attendance for the change that allowed posting at intersections for properties greater than 25. The City Planning Commission recommended that Council approve a zoning ordinance amendment for the posting of properties for Planning Commission public hearings; the revised provision will continue to provide for posting of hearings before the Planning Commission; if there are 25 or less properties involved, each property would be posted; however, if there are more than 25, street intersections would be posted notifying the public of the hearing; and these notices will be in addition to written notification of all affected property owners and two legal advertisements, as required by State law. (For full text, see report on file in the City Clerk's Office.) The Mayor inquired if there were persons in attendance who would like to address the matter; whereupon, the following persons spoke. Mr. William D. Bestpitch, 381 Washington Avenue, S. W., referred to the report of the City Planning Commission which states that two alternatives were under consideration and further states that on February 22, 2000, the two alternatives were shared with 28 City leaders in the form of a letter requesting their comments. He advised that his copy of the letter dated February 22, 2000, requested comments on the first alternative, however, the second alternative was not included, nor was it communicated at any other subsequent time, therefore, he could not say whether Old Southwest, Inc., as an organization, would support or oppose the alternative that is presently before Council to post the notice of rezoning of property at intersections of 25 properties or more. He stated that in the interest of better communication with citizens and neighborhood groups, good practice would dictate that they be copied on reports of the City Planning Commission so they will know that the information which is being presented to Council represents their involvement. Mr. James Armstrong, 619 Highland Avenue, S. W., advised that the proposal stems from notification requirements relative to the major zoning change that Council approved in Raleigh Court. He stated that 385 he was impressed with the Raleigh Court proposal as it worked its way through the process and the degree to which the current notice requirements did an effective job in communicating the character and magnitude of the proposed zoning change to adjoining property owners and to other members of the Raleigh Court neighborhood who may or may not have been involved with the neighborhood association and to those who do not live in Raleigh Court who were not as familiar with the proposal. He advised that having worked in local government for a number of years, he understands the nuisance that notice requirements represent for Planning Departments and City Planning Commissions, but in the case of a zoning change such as the Raleigh Court issue, the nuisance was worth the effort because it did a good job in keeping persons informed of the changes that were being proposed. He added that the alternative he is familiar with would not accomplish that end and agreed with Mr. Bestpitch that he was unaware of another alternative until this evening. Although it represents somewhat of a compromise, he stated that he does not believe that posting notices at corners of City blocks would be as effective in communicating a large zoning change as was the procedure that was used in the Raleigh Court rezoning. He advised that he supports the concept of making local government as efficient as possible, but current notification requirements have done a good job in terms of keeping persons informed. Ms. Wyatt offered a substitute motion that the matter be referred back to the City Planning Commission for further study, report and recommendation to Council. The motion was seconded by Mr. Harris and adopted. CITY CODE-BUILDINGS/BUILDING DEPARTMENT-ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 15, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke to amend and revise Sec. 36.1-590, Generally, Sec. 36.1-593, Nonconforming structures, and Sec. 36.1-594, Nonconforming uses of structures, of the Code of the City of Roanoke (1979), as amended, to permit the reconstruction, but not enlargement, of a nonconforming structure in the event of any damage to the structure from fire, flood or other natural disaster, and to permit the continuation of the residential use of a structure in the event of any damage to the structure from fire, flood or other natural disaster, under certain circumstances, the matter was before the body. 386 Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, April 30, 2000, and Sunday, May 7, 2000. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission recommending that Council approve the proposed amendment, was before the body. ACTION: Mr. Hudson moved that the following ordinance be placed upon its first reading: (#34838) AN ORDINANCE amending Sec. 36.1-590, Generally, §36.1-593, Nonconforming structures, and §36.1-594, Nonconforming uses of structures, of Chapter 36.1, Zonin~h of the Code of the City of Roanoke (1979), as amended, to regulate nonconforming structures and nonconforming uses of structures. (For full text of Ordinance, see Ordinance Book No. 63, page 133.) The motion was seconded by Mr. Harris. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 34838 was adopted, on its first reading, by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Butler and Mayor Bowers ............................................................. 7. NAYS: None ....................................................................... 0. CITY CODE-ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 15, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke to amend and revise Sec. 36.1-25, Definitions, Sec. 36.1-126, Permitted uses, Sec. 36.1-145, Permitted uses, Sec. 36.1-511, General requirements for all day care centers, and Sec. 36.1-512, Day care homes, of the Code of the City of Roanoke (1979), as amended, to broaden the application of the Zoning Ordinance to include day care homes in which care is provided for up to and including six children, to reduce the amount of required outdoor play area for day care centers in all districts other than residential districts, and to require that certain day care centers be at least 1,500 feet apart, the matter was before the body. ACTION: 387 Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, April 30, 2000 and Sunday, May 7, 2000. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission recommending that Council approve the proposed amendments, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. Harris moved that the following ordinance be placed upon its first reading: (#34839) AN ORDINANCE amending §36.1-25, Definitions, subsection (5) of§36.1-126, Permitted uses, subsection (6) of §36.1-145, Permitted uses, subsections (a) and (b) of §36.1-511, General requirements for all day care centers, and subsection (a) of §36.1-512. Day care homes, of Chapter 36.1, ZoninG_, of the Code of the City of Roanoke (1979), as amended, to broaden the application of the zoning ordinance to include day care homes in which care is provided for up to and including six children, to reduce the amount of required outdoor play area for day care centers in all districts other than residential districts, and to require that certain-day care centers be at least fifteen hundred (1,500) feet apart. (For full text of Ordinance, see Ordinance Book No. 63, page 136.) The motion was seconded by Mr. Swain. The Mayor inquired if there were persons present who would like to address Council with regard to the proposed amendment. There being none, Ordinance No. 34839 was adopted, on its first reading, by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Butler and Mayor Bowers ................................................................ 7. NAYS: None ....................................................................... 0. 388 REPORTS OF COMMITTEES: STREET NAMES-STREETS AND ALLEYS: A report of the City Planning Commission recommending denial of the request of V. Wolfe, President, Gainsboro Neighborhood Alliance, to rename an existing public street know as Cherry Avenue, N. W., to Gainsboro Hill, N. W., was before Council. It was advised that there is another street bearing the name Cherry Street in the Roanoke Valley Metropolitan Area; this street, however, is located in the City of Salem; in the City of Roanoke, there is currently an existing "Cherry Hill Road" and a "Cherry Hill Circle", which streets are located in the northwest section of the City; the subject street, Cherry Avenue, N. W., rises in a steep incline from its intersection with McDowell Avenue, and the land on which the street section is located is situated at a higher elevation than lands to the east and south; the street and the properties adjacent to the street are located on a "hill" and the street is in alignment with a one-block section of Chestnut Avenue, N. W., which extends from the other side of 5th Street, N. W., in a westerly direction; and if the proposed new street name is extended for purposes of street name continuity, to include this one-block section of street will require address changes for 20 or more existing residences. The City Planning Commission recommended that Council deny the request to rename the existing public street, Cherry Avenue, N. W., to the new name of Gainsboro Hill, N. W. (For full text, see report on file in the City Clerk's Office.) The Mayor inquired if a member of Council would like to offer a resolution, changing the name of Cherry Hill Avenue, N. W., to Gainsboro Hill, N. W., to which there was no response; therefore, the request was denied. STREET NAMES-STREETS AND ALLEYS: A report of the City Planning Commission recommending approval of the request of Molly T. Dodson for the City to assign an official name to a certain public alley as the same extends through Block 60, between 22nd Street and 23rd Street, S. W., was before Council. It was advised that according to the City's real estate records, there are four residences in building 2217 and three residences in building 2221, all of which front upon the public alley at the rear of the building complex; Section 36.1-406 (Zoning) of the Code of the City of ACTION' 389 Roanoke (1979), as amended, provides that "Every building hereafter erected or moved shall be on a lot which has frontage on an improved public street"; this section further provides that "All structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and off-street parking"; the subject development is located on a single lot with frontage on a public street (Jefferson Street) and therefore, meets City regulations; however, addressing for the two buildings on the alley presents confusion and should be resolved; no improvements to the alley are required and Section 15.2-2019, Code of Virginia (1950), as amended, authorizes a locality to name its streets, roads and alleys. The City Planning Commission recommended that Council approve the request to officially name and designate the public alley extending through Block 60, between 22nd Street and 23rd Street, S. W., as "Jefferson Mews, S. W.". (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following resolution: (#34840-051500) A RESOLUTION authorizing the City Manager to officially name public right-of-way located within the City. (For full text of Resolution, see Resolution Book No. 63, page 125.) Mr. Swain moved the adoption of Resolution No. 34840-051500. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members White, Wyatt, Harris, Hudson, Swain, Butler and Mayor Bowers .......................... , ..................................... 7. NAYS: None ....................................................................... 0. STREET NAMES-BRIDGES: A report of the City Planning Commission recommending denial of the request of Evelyn D. Bethel, President, Historic Gainsboro District, Inc., to rename a certain portion of 2nd Street, S. W., from its intersection with Salem Avenue to its intersection with Day Avenue, to the new name of Gainsboro Road, S. W.; and further recommending approval of the request to rename the new bridge spanning the Norfolk Southern Railway lines, between Salem Avenue and the Gainsboro neighborhood, Gainsboro Bridge, was before Council. 390 Itwas advised thatthe City's street naming policy and procedure provides that in any case where a name for a new street is proposed or a new name for an existing street is proposed, such names should relate to one or more of the following elements: 2. 3. 4. Area of the street location; Historical relationship to the area; Name of a deceased, noted person, related to the area; or Any other suitable name that is considered by the City Manager or the community to be fitting, applicable and in compliance with all other street naming guidelines. It was explained that extending the street name, Gainsboro Road, from Salem Avenue to Day Avenue would be consistent with one element of the City's street naming policy, as it would promote street name continuity; historically, however, the City has not previously undertaken, without due justification, the renaming of existing public streets and requiring property owners, businesses or residents to change their existing addresses for purposes of establishing street name continuity; only in cases where multiple street names have been the subject of consistent complaints related to recurring mail delivery problems or other general confusion of locations, has the City acted to re-establish street name continuity; the southernmost boundary of the Greater Gainsboro community is the Norfolk Southern railway lines, adjacent to Salem Avenue, S. W.; the northernmost boundary of the Greater Gainsboro community is Orange Avenue/U. S. 460 East; the relatively recent realignment of certain older and former street rights-of- way between these two boundaries was, without any hesitation, promptly and appropriately assigned the unified name of Gainsboro Road, because of the direct historical relationship of the name to the area surrounding the newly aligned street; however, the name, Gainsboro, does not directly relate to the land areas surrounding the subject section of 2nd Street, S. W., and City staff has been unable to locate or identify any historical relationship that the proposed name would have with the areas surrounding this section of 2nd Street, S. W. It was further explained that a change in the existing street name will require a change in address for a number of entities that front upon this section of 2nd Street, S. W., and also create a gap or break in the long standing grid of numerical designations for north/south street alignments in the downtown area; the request to extend the street name, Gainsboro Road, to Day Avenue, S. W., would provide a more pronounced identification and public awareness of the Historic Gainsboro District; however, it would not provide any level or degree of improvement in street name identification for either the owners of 391 properties abutting the subject ~section of 2nd Street, S. W., or the public at large, that would justify the inconvenience and costs of address changes that would be effected upon the abutting property owners and businesses; the new bridge spanning the Norfolk Southern Railway lines by reason of its location and alignment, is a natural and functional part of both Gainsboro Road, N. W., and the Greater Gainsboro community; and if no other name is currently being considered by Council, the name Gainsboro should be considered as an appropriate name for the new bridge. The City Planning Commission recommended that Council deny the applicant's request to rename the described section of 2nd Street, S. W., Gainsboro Road, S. W., and further recommended that Council approve the request to rename the new bridge, Gainsboro Bridge. (For full text, see report on file in the City Clerk's Office.) The Mayor inquired if a Member of Council would like to offer a measure renaming that section of 2nd Street, S. W., from its intersection from Salem Avenue to its intersection with Day Avenue, S. W., Gainsboro Road, S. W., to which there was no response; therefore, the request was denied. The Mayor further inquired if a Member of Council would like to offer a measure naming the new bridge spanning the Norfolk Southern Railway lines, between Salem Avenue and the Gainsboro neighborhood, Gainsboro Bridge, to which there was no response; therefore, the request was denied. OTHER HEARING OF CITIZENS: TRAFFIC-STREETS AND ALLEYS: Daniel Brugh, representing Brugh's Body Shop, located at the corner of 10th Street and Moorman Road, N. W., read a prepared statement expressing certain concerns with regard to the widening of 10th Street, advising that of the 19 persons who addressed Council at its meeting on April 17, 2000, few of those individuals live in the corridor of traffic and will not have their lives directly affected. He stated that the information that was presented by Virginia Department of Transportation officials four years ago does not portray a quiet, picturesque 10th Street neighborhood in the future; 10th Street is, and will continue to be, a main traffic artery between southwest and northeast Roanoke; currently the southern end of 10th Street is not a quiet neighborhood, but a commercially-zoned district with heavy truck traffic and this traffic must use the four-lane 10th Street Bridge to a three-block long bottleneck to access Route 460 392 East and West or 1-581 North and South. He advised that the industrial area off Andrews Road has certain areas designated for commercial development; and properties along the southern end of 10th would be prime locations for investment if infrastructure is sufficient to accommodate future traffic patterns. Mr. Brugh stated that neighborhoods are a very important part of the life of a city, but jobs, development and a growing tax base keep a city from wilting. (For full text, see statement on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the remarks would be referred to the City Manager to meet with Mr. Brugh to discuss his concerns. There being no further business, the Mayor declared the meeting adjourned at 8:27 p.m. EST: Mary F.~P rker City Clerk APPROVED David A. Bowers Mayor 393 SPECIAL SESSION ...... ROANOKE CITY COUNCIL May 17, 2000 10:00 a.m. The Council of the City of Roanoke met in special session on Wednesday, May 17, 2000, at 10:00 a.m., in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Section 10, Meetings of Council, of the Charter of the City of Roanoke. PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E. Swain, William White, Sr., Wendell H. Butler and Mayor David A. Bowers ............... 6. ABSENT: Council Member Linda F. Wyatt ................................................... 1. OFFICERS PRESENT: Darlene L. Burcham, City Manager; Gary Tegenkamp, Assistant City Attorney; and Mary F. Parker, City Clerk. The invocation was delivered by Vice-Mayor C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. COUNCIL: The Mayor referred to the following communication calling the special meeting of Council for the purpose of convening in Closed Meeting to discuss a matter relating to acquisition of real property for public purposes: "May 16, 2000 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Vice-Mayor Harris and Members of Council: Pursuant to §10, Meetings of Council of the Charter of the City of Roanoke, I am calling a Special Meeting of City Council to be held at 10:00 a.m., on Wednesday, May 17, 2000, in the City Council Chamber, for the purpose of a Closed Meeting to discuss acquisition of real 394 property for public purposes, pursuant to §2.1-344.A.3, Code of Virginia (1950), as amended, and to meet thereafter in open session to take certain actions relating thereto. Sincerely, David A. Bowers Mayor DAB:MFP:ec CC: The Honorable Ralph K. Smith, Mayor-Elect The Honorable William H. Carder, Vice-Mayor-Elect The Honorable William D. Bestpitch, Council Member-Elect Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Robert H. Bird, Municipal Auditor Willard N. Claytor, Director, Real Estate Valuation Mr. Hudson moved that Council convene in a Closed Meeting to discuss specific legal matters requiring the provision of legal advice by counsel, pursuant to Section 2.1-344 (A) (3) Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, White, Butler and Mayor Bowers ......................................................................... 6. NAYS: None ........................................................................ 0. (Council Member Wyatt was absent). At 10:05 a.m., the Mayor declared the meeting in recess. At 10:40 a.m., the Special Meeting reconvened in the City Council Chamber, all Members of the Council were in attendance, with the exception of Council Member Wyatt, Mayor Bowers presiding. COUNCIL: Mr. Swain moved that each Member of Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the 395 Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, White, Butler and Mayor Bowers ......................................................................... -6. NAYS: None ....................................................................... -0. (Council Member Wyatt was absent.) HOUSING/AUTHORITY-ECONOMIC DEVELOPMENT-INDUSTRIAL DEVELOPMENT AUTHORITY-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM-HOSPITALS: Mr. Harris offered the following resolution: ACTION: (#34841-051700) A RESOLUTION authorizing execution of a Cooperation Agreement between the City of Roanoke and the Roanoke Redevelopment and Housing Authority to provide for a study, preparation and research required to be performed in connection with establishment of a redevelopment area in a certain portion of the City. (For full text of Resolution, see Resolution Book No. 63, page 126.) Mr. Harris moved the adoption of Resolution No. 34841-051700. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Butler and Mayor Bowers ............................................................................. 5. NAYS: None .................................................................... -0. (Council Member White abstained from voting and Council Member Wyatt was absent.) Mr. Harris offered the following resolution: (#34842-051700) A RESOLUTION authorizing the negotiation of one or more performance agreements by and among the City of Roanoke ("City"), Carilion Health System ("Carilion"), Carilion Biomedical Institute ("CBI"), the Roanoke Redevelopment and Housing Authority ("RRHA"), the Fifth District Employment and Training 396 Consortium ("FDETC") and/or the Industrial Development Authority of the City of Roanoke, Virginia ("IDA") for the creation of a new redevelopment area within the City, the construction of certain public improvements within this area, the provision of certain incentives by the City to developers within the redevelopment area, the creation within the redevelopment area of a certain number of new jobs, and the construction of tax producing facilities therein by Carilion and/or CBI. (For full text of Resolution, see Resolution Book No. 63, page 127.) ACTION: Mr. Harris moved the adoption of Resolution No. 34842-051700. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Hudson, Swain, Butler, and Mayor Bowers ............................................................................. 5. NAYS: None ................................................................. 0. (Council Member White abstained from voting and Council Member Wyatt was absent.) There being no further business, the Mayor declared the special meeting adjourned at 10:45 a.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor C-2 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 lelephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk November 6, 2000 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: This is to request a Closed Meeting to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. Ralph K. Smith Mayor RKS:sm H:~Agenda. OO~xe.Ses on vacancies,wpd Roanoke City Council Regular Agenda Report November 6, 2000 C-3 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Re: Request for Closed Meeting This is to request that Council convene a closed meeting for the purpose of discussing a prospective business where no announcement has been made of the business's interest in locating their facility in the City, pursuant to Section 2.1-344(A)(5), Code of Virginia (1950), as amended. Respectfully submitted, Darlene L. Burcham City Manager CC: City Clerk City Attorney Director of Finance Assistant City Manager for Operations '00 ¸ Roanoke City Council Regular Agenda Report November 6, 2000 C-4 The Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Request for Closed Meeting This is to request that Council convene a closed meeting for the purpose of discussing a prospective business where no announcement has been made of the business's interest in locating their facility in the City, pursuant to Section 2.1-344(A)(5), Code of Virginia (1950), as amended. Respectfully submitted, Darlene L. Burcharn/ City Manager CC: City Clerk City Attorney Director of Finance '00 C-5 Roanoke City Council Regular Agenda Report November 6, 2000 Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Re: Request for Closed Meeting This is to request that Council convene a closed meeting for the purpose of discussing acquisition of real property for public purpose, pursuant to Section 2.1- 344(A)(3), Code of Virginia (1956), as amended. Respectfully submitted, {,;,! .. ;/' /1 Darlene L. Burcha~ City Manager CC: City Clerk City Attorney Director of Finance Assistant City Manager for Operations C-6 Ci tV o £ a n o k e. 'Vl r v i rzl a November 6, 2000 Honorable Honorable Honorable Honorable Honorable Honorable Honorable Ralph K. Smith, Mayor William H. Carder, Vice Mayor William D. Bestpitch, Council Member C. Nelson Harris, Council Member W. Alvin Hudson, Jr., Council Member William White, Sr., Council Member Linda F. Wyatt, Council Member Re: Personal Property Tax on Aircraft Dear Mayor and Members of Council: The Roanoke Regional Airport Commission and administration has expressed concern that they are losing potential business due to the City of Roanoke's personal property tax rate on airplanes being higher than comparable localities. This situation is accentuated when comparing Virginia's two percent sales tax on airplanes to that of our competing airport in Greensboro, North Carolina, which has a significantly lower state sales tax with a cap of $1,500 per airplane. The airport administration has identified several occurrences where owners of expensive airplanes base them at other airports, most frequently GreenSboro or Winston Salem, North Carolina, due to a significantly lower tax rate. Currently the City of Roanoke taxes airplanes at $3.45 per $100.00 of assessed value. The tax rate is applied to 60% of the assessed value the first year, reduced by 10% per year until it reaches 20%, where it remains on an annual basis. Comparatively, Greensboro assesses airplanes at 20% of the blue book wholesale value times a tax rate of $.6372 per $100 of assessment. Exhibit I details the tax rate and assessment method of Greensboro and some other localities in Virginia that have commercial airports. Having airplanes based at the Roanoke Regional Airport creates opportunities for income generating business such as hangar rental, fuel sales and maintenance of the airplanes. There are also other positive economic impacts to having airplanes, particularly business jets, based at our airport,,; It would serve as an incentive for Roanoke citizens and businesses to base their airplanes at the Roanoke Regional Airport if Roanoke's tax rate were comparable to that of competing localities in Virginia and North Carolina. Consequently, tax revenue forgone due to a tax rate decrease would be mitigated and potentially increased over time by the increased number of private and business owned airplanes based at the airport. According to the administration of the Roanoke Regional Airport, operators of the major commercial airports in Virginia believe they will be successful with legislation to modify the state sales tax on airplanes, an issue they believe has a direct correlation with economic development throughout the state. Honorable Mayor and Members of City Council November 6, 2000 Page 2 We recommend the City's tax rate be reduced from the current rate of $3.45 per $100 of assessed value to $1.06 per $100 of assessed value. The total tax levy on airplanes for Fiscal Year 2000 was $157,928. Using this revenue base as an example, the reduced tax rate would have generated $109,405 less revenue. A single $10 million business jet would generate $63,600 in additional revenue during the first year of taxation if based at the regional airport. As stated previously, we believe the revenue forgone due to a rate decrease has the potential to be recouped over time, in addition to the related business revenue generated, due to an increased number of airplanes being based at the airport. We also believe a reduction in the tax rate will demonstrate the City's willingness to take measures to help assure our airport is competitive with other airports throughout Virginia and neighboring airports in North Carolina. We recommend City Council schedule a public hearing to consider reducing the personal property tax rate on aircraft from $3.45 to $1.06 per $100 of assessed value. Sincerely, Darlene L. Burcham City Manager Director of Finance DLB/JDG:s Attachment C: William M. Hackworth, City Attorney Sherman A. Holland, Commissioner of the Revenue Mary,-. Parker, City. Clerk Exhibit I city Roanoke Greensboro, N.C. Chesapeake Norfolk Richmond Suffolk Lynchburg Tax Rate $3.45 per $100.00 $.63720 per $100.00 $.50 per $100.00 $1.58 per $100.00 $.50 per $100.00 $1.50 per $100.00.. $3.30 per $100.00 Assessment Method % of purchase price, 1 ~ yr is 60%, drops 10% per yr until it reaches 20% residual aircraft blue book retail 20% of cost aircraft blue book retail aircraft blue book retail 20% of cost 90% of cost 1 ~ yr, 70% of cost 2"~ yr, drops 10% per year until it reaches 10% residual MARY F. PARKER. CMC City. Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S,W., Room 456 Roanoke, Virginia 24011-1536 Telephone: 1540) 853-2541 Fax: (540) 853-1145 L:-mail: clerk,~,ci roanoke.va us STEPHANIE M. MOON Deputy City Clerk November 13, 2000 File #15-67-110 Mr. Barry L. Thomas American Electric Power 40 Franklin Road, S. W. Roanoke, Virginia 24022 Dear Mr. Thomas: Your communication tendering your resignation as a member of the Mill Mountain Advisory Committee was before the Council of the City of Roanoke at a regular meeting which was held on Monday, November 6, 2000. On motion, duly seconded and unanimously adopted, your resignation was accepted and the communication was received and filed. The Members of City Council requested that I express sincere appreciation for your willingness to serve the City of Roanoke as a member of the Mill Mountain Advisory Committee from July 10, 1995 to November 6, 2000. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley which was issued by the Mayor on behalf of the Members of the Roanoke City Council. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Enclosures N:\CKVC\council00\agenda\Nov\November 6 correspondence.wpd Mr. Barry L. Thomas November 13, 2000 Page 2 pc~ Carl H. Koptizke, Chairperson, Mill Mountain Advisory Committee, 410 First Street, S. W., Roanoke, Virginia 24011 Wayne Wilcox, Secretary, Mill Mountain Advisory Committee Stephanie M. Moon, Deputy City Clerk N:\CKVC\council00Xagenda\Nov\November 6 correspondence.wpd i'SLEOD COHPANY ID:540-344-6367 Am~ Eleeblc Pewee' PO 6o~ Ro~no~. VA ~0'~-2121 Barry L, Thomas 1601 Ivy Strcct Roanoke, VA 24014 September 25, 2000 OCT 23'00 11:31 No.O02 C-8 Honorable Ralph Smith Mayor. City of Roanoke 215 Church Avenue. SW Roanoke. VA 24001 Mr. Carl Kopitzkc, Chairman Mill Mountain Advisory Committee McLcod & Company 410 Ist Street, SW Roanoke, VA 24001 Dear Messrs. Smith and Kopitzke: It is with regret that 1 must tonder my resignation as a member of the Mill Mountain Advisory Committee. My resignation is necessitated by the relocation of my current position, as Director of Regulatory S~rvi~s for AEP, to Richmond, Virginia. While I will r~tain own~rahip of property on Mill MoUntain. my work schedule will not allow me Io participatc fully in the Committee's meetings and activities. and I tn~lieve that thc valuable work ofthis Committee should not be impaired by less than full participation of its members. I wish to that& the City for lhc opportunity of participating as a member of the Committee and lo express to you, Mr. C. hairmlm, my grati~.tde for your lcaders,.hip and devotkm to the support and protect/on of Mill Mountain, AEP: ~lmerica's Enerlo. Part,er' 0CT-23-2~0~ 11: 3'9 540 344 6367 94X P. 02 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke. Virginia 24(111-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk ~ ti.roanoke.', a.t,s November 13, 2000 File #15-70-110 STEPHANIE M. MOON Deputy City Clerk Harry F. Collins, Sr., Member Board of Fire Appeals 6603 Northway Drive, N. W. Roanoke, Virginia 24019 Dear Mr. Collins: This is to advise you that Mark K. Cathey and E. L. Noell have qualified as members of the Board of Fire Appeals for terms ending June 30, 2004. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms pc: James Grigsby, Chief, Department of Fire/EMS Stephanie M. Moon, Secretary, Board of Fire Appeals N :\CKVC\council00\agenda\Nov\November 6 correspondence, wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Mark K. Cathey, 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 Board of Fire Appeals for a term ending June 30, 2004, according to the best of my ability. So help me God. and sworn to before me this~_.~ day o~c-~_.~000. Subscribed ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, E. L. Noell, 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 Board of Fire Appeals for a term of four years beginning July 1, 2000, and ending June 30, 2004, according to the best of my ability. (So help me God.) Subscribed and sworn to before me th~/-_-~, 'day of i~)~¢~- 2000. ARTHUR B. CRUSH, III, CLERK DEPUTY CLERK bl:\CKJSl\Jun19.wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke. Virginia 24011-1536 lelephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerkr,~ci.roanoke.va us November 13, 2000 File #15-110-192 STEPHANIE M. MOON Deputy City Clerk Mark E. Feldmann, Chairperson Roanoke Civic Center Commission 200 First Campbell Square Roanoke, Virginia 24011 Dear Mr. Feldmann: This is to advise you that Thomas G. Powers, Jr., Edward L. Lambert and Calvin H. Johnson have qualified as members of the Roanoke Civic Center Commission for terms ending September 30, 2003. Mary F. Parker, CMC City Clerk MFP:jms pc: James M. Evans, Director, Department of Civic Facilities Susan Bryant-Owens, Secretary, Roanoke Civic Center Commission Stephanie M. Moon, Deputy City Clerk N:\CKVC\council00\agendaXNov\November 6 correspondence.wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Thomas G. Powers, Jr., do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Civic Center Commission for a term ending September 30, 2003, according to the best of my ability. So help me God. Subscribed and sworn to before me this ;27 day of ~ cT- 2000. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Edward L. Lambert, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Civic Center Commission for a term ending September 30, 2003, according to the best of my ability. So help me God. Subscribed and sworn to before me thi~_ --da~ f~'k;;¢~2000.~~'~ ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK O- '00 r'~"i ,,_? P2:59 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Calvin H. Johnson, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Civic Center Commission for a term ending September 30, 2003, according to the best of my ability. So help me God. Subscribed and sworn to before me this2-'7 day of ~c./'o/~2000. ARTHUR B. CRUSH, III, CLERK , ~ CLERK October 11, 2000 .a. Collins Sherertz 541 Dillard Road, S. W. Roanoke, Virginia 24014 I would like to request time on City Council's November 6, 2000, 2:00 p.m. agenda to discuss the business - Antifreeze Recyclers Incorporated. Sincerely, ertz Antifreeze Recyclers Inc. Pro-Temp Environomental Antifreeze Complete Antifreeze Se~ice $2.50 per Gallon Includes Antifreeze and Free Waste removal No hidden charRes. Freeze Point -30, Boiling Point 220F. EST. 1992 with over 1000 Satisfied customers, Waste oil, oil filters and waste water services available in some areas. Va. Beach (757)495-4000 Richmond (804)752.1080 Roanoke (540)769-0050 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk November 8, 2000 File #544 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, November 6, 2000, Mr. Brent Riley, 5280 Wade Road, requested that Council adopt a resolution requesting an analysis of the routing options for the Virginia Gas Pipeline, and that the City of Roanoke forward a letter to the State Corporation Commission requesting that a public hearing be held in the Roanoke area. He advised that the issue of cost in connection with how the pipeline is installed can have a significant impact on rates charged to customers of the Roanoke area for natural gas. Also addressing the issue were Mr. Victor Layman, Mr. Bill Modica, Mr. Albert A. Martin and Mr. Thomas Gustafson. On motion, duly seconded and unanimously adopted, Council requested that a letter be forwarded to the State Corporation Commission asking that a public hearing be held in the Roanoke area. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms N:\CKVC\council00~agenda\Nov\November 6 correspondence.wpd Darlene L. Burcham November 8, 2000 Page 2 pc: Mr. Brent Riley, 5280 Wade Road, S. W., Roanoke, Virginia 24018 Mr. Victor Layman, 5800 Enchanted Lane, S. W., Roanoke, Virginia 24014 Mr. Bill Modica, 2525 Brandon Avenue, S. W., Roanoke, Virginia 24015 Mr. Albert A. Martin, 5985 Coleman Road, S. W., Roanoke, Virginia 24018 Mr. Thomas Gustafson, 4269 Harborwood Road, Salem, Virginia 24153 N:\CKVC\council00\agenda\Nov\November 6 corrcspondence.wpd To: John Kean, President and CEO The NUI Corporation 550 Route 202-206 Bedminister, NJ 07921-0760 Michael L. Edwards, President Virginia Gas Pipeline Company P.O. Box 2407 Abdington, Va. 24212 John B Williamson III, Chairman and CEO Roanoke Gas Company 519 Kimball Ave., N.E. P.O. Box 13007 Roanoke, Va. 24030 Gentlemen, We hereby request that a substantive and critical cost analysis of constructing the proposed pipeline into Roanoke from Radford be undertaken to determine how rates for natural gas would be influenced by the proposed new route compared with rates from constructing in the existing easement. How would rates be affgcted, in the short term and long term, by puffing in a larger diameter pipeline, than the 8" pipe now being considered, and contracting transmission rights with Duke Energy? Sincerely, The City of Roanoke 11/6/00 3.13. Roanoke City Public Schools 10/25/00 WED 12:29 FAX CITY ~NAGER$ OFFICE ~ 001 0CT-25-2~0 12:36 94~ P.O1 10/25/00 WED 12:30 FAX CITY ~AGERs OFFICE IN THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, OCTOBER 9, 2000: RESOLUTION 958 WHEREAS, the members of the Council of the City of Salem, petition the executive officers and shareholders of the Virginia Gas Pipeline Company and Duke Energy Corporation as follows: WHEREAS, Virginia Gas Pipeline Company is in the possession of certain easements that traverse the peaks and ridges of rural undeveloped southwest Roanoke County, including the Blue Ridge Parkway and Poor Mountain region as well as other urban areas in southwestern Roanoke County for the purpose of constructing a natural gas pipeline through these areas; and WHEREAS, the Council of the City of Salem and citizens of Salem strongly urge the Virginia Gas Pipeline Company to cease any further surveying and clmaring of land and to initiate and participate expeditiously in a dialogue with Duke Energy corporation with the intent to establish an agreement whereby the new construction of a natural gas pipeline will co-exist in the corridor already in existence and operation in Roanoke County; and WHEREAS, the Virginia Department of Conservation and Recreation has previously made a request to the Virginia Gas Pipeline Company to seek the utilization of an existing pipeline corridor for the construction of a new gas pipeline in Roanoke County; and WHEREAS, the Duke Energy Corporation has established a public policy whereby Duke Energy Corporation is committed to stewardship of our communities and environment and has a long history of advocating and building for the environr~ent and cares deeply about how its business operations enhance the quality of life in the community and the impact of its operations on the environment; and WHEREAS, Duke Energy Corporation is a corporate leader in the utilities and energy industry and has the wherewithal through its ownership of a certain easement and established corridor for the purpose of transporting natural gas, can make available to Virginia Gas Pipeline Corporation the space necessary for the construction of a natural gas pipeline to coexist on a corridor already in existence through Roanoke County; and WHEREAS, the citizens of Virginia and particularly Roanoke County wish to preserve for perpetuity its natural wildlife and mountain ridges and peaks in a natural state and protect the views of the peaks and ridges of this beautiful country; and WHEREAS, the peaks and ridges that make up the Blue Ridge Parkway, Poor Mountain, and Twelve O'Clock Knob area of southwest Roanoke County are some of the most prominent peaks and ridges in 0CT-25-2000 ~2:37 94~ P. 02 10/25/00 WED 12:30 FAX CITY MANAGERs OFFICE ~0~3... Roanoke County and the Poor Mountain Natural Wildlife Preserve is a treasured state preserve and this area should be protected from any further development of new corridors for gas pipelines in this vicinity of Roanoke County; and WHEREAS, it is incumbent upon utility corporations to seek and resolve issues to coexistence through established corridors previously approved by the Virginia State Corporation Commission; and WHEREAS, the Council of the City of Salem recognizes the current "eminent domain" notification process established by the Virginia State Corporation Commission for corporations seeking permission to obtain rights of way through property owners of private land does not notify and inform the effected property owners of private land until after approval of rights of way by the State Corporation Commission; and BE IT RESOLVED that the Council of the City of Salem respectfully urges and requests the immediate cooperation between the Virginia Gas Pipeline Company and D~ke Energy Corporation, the parent company of the East Tennessee Natural Gas Company, for the establishment of a new natural 9as pipeline in a corridor already in operation, for the good of the natural wildlife and mountain peak~ and ridges in Roanoke County; and BE IT FURTHER RESOLVED that suitable copies of this ResoluDion, duly authenticated by the Council of the City of Salem, Virginia, be transmitted to the Virginia Gas Pipeline Company, the East Tennessee Natural Gas Company, the Duke Energy Corporation, the Virginia State Corporation Co~mission, and the Virginia General Assembly delegates and senators representing Salem, Virginia. Upon a call for an aye and a nay vote, the same stood as follows: Gerald M. Pace - Aye John C. Givens - Aye Howard C. Packett - Aye Alexander M. Brown - Aye Carl E. Tarpley, Jr. - Aye ATTEST: Clerk of Council City of Salem, Virginia 0CT-25-2l~(~8 12: 5"7 94X P. 0~ 0CT--25--~0 ~1:25 P~ CHRISCAVENES$ 54~9774416 P.01 mtn Iqo~ok~ INSURANCE GROUP ~ 9~5~, F~ 5~ 977~ 16 TRANSMISSION CONSISTS OF ~_.PAGES (THIS PAOE INCLUDED) TO: COMPANY: FAX NUMBER: COMMENTS: 0CT-~5-2~ 13: .52_ 5409774416 0CT-25--00 01:25 PM CHRI$CAMENESS 54~9774416 SUP£RVI$OR$ ~£L:S~0-?72-2195 Aug Og'O0 1~ :25 P.O~ AT A REGULAR MEETING OF THE BOARD OF 8UF~RVISOR$ OF ROANOKE COUP, VIRGINIA, HIEL,D AT THE ROANOKE COUNTY ADMINIB'I*R, IIkTtON CENTER ON TUESDAY, AUGUST 8, 2000 RESOLUTION Ol~lOO~ MEIdORIALI~NO THEVIRGINL&GAS PIPELINE GOMPANY, F.A~T TENNES~EB NATURAL, GA8 COMPANY AND THE DUNE ENERGY GORPORATION 1'0 GGHSTRUr.,T A NATURAL G/LB PIPEUNE ON A CORRI~AL~EADY IN EXleTENGI AND OPERATION IN ROANOKE P, OI,R'vq'Y, VIRGINIA the Ixecutlve offloere end sherehoiderl of ~'m Vlrglnil Gas Pip~irm Carnp~ny and Duke WHEREAS, Virginil Ga~ Plpeine Ca)ml3iny II In the paeeee~m of ce~in emsement~ Irmt tmveme the peelm e]KI rldgee of rural undeveloped iouthwe~t Rcmnoke County, Including the Blue Ridge Pelcemy end Poor Mountlin region M well le oltmr urlmn mml~ In mouemmslwn Roanalm (:~ounty for Ihe purgOM of conl~ m n~tumi gm ~ ~ ~mme arums; a~ WHERGAS. the le~ ~ ~~~ ~~bn~ Gaunt/~ urge t~e Vl~lr~ ~M PIplllne Compln¥ to oMIN any fu~her i~uweyfr~ of · nMuml gem pipeline wll ca. ex~ in the ~:m~d=r mlreldy In ext~enae Ind Ol~mtlon In Roanoke C, ouniy; end ~a~,~e~ ~~~Carmerv~ ~ ~ hemprev~u~ ~ ~ fbr ~e ~ ~ m nmv g~ ~ In ~ke Caunty; mhd v e E S, me Envy Con)o ? e .be,hed m pub w m,by OCT-25-2E~ 15:313 54~74416 97Y. P. ii5 0CT--25-~) ~1:26 PM CHRI$CAVENES$ 54~9774416 RKE B0~RD SUPERVISORS TEL:S40-??2-2103 Aug 09'00 14:24 NO.009 P.04 P .02 Duke Energy ~r~t[on t. 00mm~tmO to elewilrclehip of our oommun~tJee ,.nd envh'onmen~ mhd h.. m long history Of ~vo~ encl I~ for the snvlronment mhd Gt~ de~ply it)out how Ks business operlKIons enhmXm the Cluidlty of fife In the community end the Impact of itl opermtionm on the m~mm~ mn~ WHEI:~=AS, Duke Enemy ~ 18 m ~orpomte 1cruder Iff ~ umltms 8~ eflecry lflclu~try mncl ham me whemwlthmt t~mu~ lira ownership of m cmrtmln mmmmnt Imm~d mitiOltil~ecl ocx'ridor ~ the I)Urpome of ITmneporlJflg nmturm! gms, cmn mike mvlllwble to V~ Gel Pipeline C~rpomtlon the I~xic~ ne~Memy few'the conmtmGtJon ef / rmturmi gram I)|ps41ne ~o ooedmt on m ~rrtdor mlremdy ~n .xmtsnoe through Rusnoke County; mn(~ WHEREAS. I1 m incuml~nt upon ulil~y ~oflx.~l~ ~ mee~ mint rem~ Im~ I~ ~oexlmtence t~rough mmiml~Imh~ ~ prevlou~ ml~xoved by thru Vlrgini. Stmtm WHEREAS, mm KomnoKe County Bomr~ of ~ re(x)gntzee the currant · eminent clommln" nob'flomZ~n j)~)~eem emmbamJ~d by the Vi,~glnlm ~tmtm C, ml:K)m~on 2 0CT-25-2~ 15:~5 54E~JrT~4416 9~ P.~4 11/01/2000 12:41 0000000000 PAGE 06 CONgVIO~AL/H OF VIRG/NIA STATE CORPORATION COMM/SSION APPLICATION OF VIRGINIA GAS PIPELINE COMPANY CASE NO. PUE 990167 THE BOARD OF SUPERVISORS OF THE COUNTY OF MONTGOMERY, VIRGS'~IA'S MOTION TO SUPPORT AND URGE THE STATE CORPORATION CONSMISSION TO GRANT THE MOTION FILED BY NUMEROUS CITIZENS KESlDINGiIN MONTGOMERY, ROANOKE, AND FRANKLIN COUNTIES REQUESTING THE STATE CORPORATION COMMISSION TO R.ECONSIDER AND REOPEN THE CERTIFICATION APPLICATION (PUE 990167) OF VIROINIA GAS PIPELI1N~ COMPA2qY. On October 1, 2000, one hundred and twenty (120) citizens (collectively referred to as the "Interested Petitioners") residing in the Counties of Montgomery, Roanoke and Franklin, who are owners of land directly affected by the location of a Virginia Gas Pipeline authoriz~ by the State Corporation Comrni'ssion (the "SCC'), flied a Motion with the SCC requesting the SCC to reinstate and reconsider the Certificate of Public Convenience and Necessity that was issued to Virgima Gas Pipeline by Final Order on December 6, 1999. The Board of Sul~rvisors of the County of Montgomery, Virginia (''County of Montgomery") supports this :Motion for the following reasons: 1. THE VIRGh-XlIA GAS PIPELINE COMPANY FAILED TO COMPLY WITH THE STATUTORY NOTICE PROVISIONS OF THE CODE OF VIKGINIA, WHICH RESULTED IN A LACK OF NOTICE TO THE INTERESTED PETITIONERS. Section 56-265.2 of the 1950 Code of Virgmia, requires that before any public utility shall consrxuct, enlarge or acquire any facilities for use in public utility service, other than ordinary extensions or improvements in the usual course of business, the public utility is required NOU-01-2000 11:49 0000000000 95X P.06 11/81/2888 12:41 8888888888 P/~2-E 87 tO obtaill a certificate from the $CC that the public convenience and necessity r~cluire the exercise of such right or privilege. Before any certificates shall be issued',by the $CC, inter.ted parties are required to be given due notice of an opportuaky for a hearing. $ecliol156-2652.:1B of the 1950 Code of Vir~nla, as amended, states that the SCC shall not approve collStructiou of any gas pipeline ualess the public utility has provided thirty (30) days advance public notice of the proposed pipeliue by publishing a notice ia a newspaper ofgeaeral circulation m each locality through which the pipeline is proposed to be constructed. Section 56-265.2:1C of the 1950 Code of Virginia, as amended, states that any mter~st~ party ma), re~iues~ a public hearing on the pipeline request if requested within thirty (30) days at~r publication of the notice required in Section 56-265.2:1B. On May 5, 1999, a notice was published in the New River Newspaper, LLC, by the Vir.~inia Gas Pipeline Company advisiag the citizens in Montgomei3r County that Virginia Gas Pipeline Company had filed an appIication with the $CC To seek approval of a proposed pipeline extension from Radford into Roanoke County. The notice stated that aay person desiring to comment on the application or request a hearing may do'so by directing such comments or requests on or befor~ May 28, I999, to the Clerk of the SCC. The same not'ice was published in the Roanoke Times on May 6, 1999. The notice published by the Virginia Cms Pipeline Company did no~ comply with Section 56-265.2:1 of the 1950 Code of Vir,~iaia, as amended, m that it did not provide the citizens of Montgomery or Roanoke Counties wifla thirty days to submit information or request a public hearing. The notice was published on May 5, 1999, and the deadline to submit comments or a request was May 28, 1999, or a period of twenty three (23) days, not thirty ($0} days as r~quired by Section 56-265.2: l of'the Code o£V~a. This failur~ to comply wi~ the ao~ic¢ provision 2 NOU-O1-2000 11:49 000~0000~ 95Z P.O? 11/81/2888 12:41 8888888888 PaGE 88 of Section $6-265!:! cm~ not be ~nply written offas a harmless en~r, ~a~e ~s is ~e only no~ce ~at is ~ to be prodded ~ese ~z~ became ~e Code of V~a ~ not ~re Ee pubSc u~5~ W ~de p~ ~ to ~o~ pm~ o~ pipeline. ~c V~a ~ P~eline Co~y not o~y f~l~ to comply iB May 5, 1999 no~ce, a ~°nd noti~ pub~sh~ ~ Aug~ of 19~ face. B~a~e ofO~ ~ ~e p~ wu~, V~a ~ Pipe~e p~ a ~nd notice on Au~t I 1, 1999, m New ~ N~~ ~d ~ &e ~oke T~ cifize~ ~til S~t~ 7, I9~, or ~W-~v~ (27) ~ to ~t co~ ~u~ a public he~g ~ ~ (3) days s~n of~e ~amto~ ~~ of~ (30) ~ ~c~ notice. ~s s~ond no6ce w~ ~o dd~ve on its f~e m ~ ~e ~fice ~y ~~ ~t the pipel~e m~om w~ p~W~ ~r ~e "~u~e m~ K~ Mo fact ~e modifica~o~ ~ted pmpe~ o~ ~ Montgom~ ~d Ro~oke Co~ ~ well. ~is second notice w~ defiant ~ bo~ ~e ~o~ or,me mt~ p~i~ we~ ~ven respond in ~e notice ~d E ad~tely d~nbmg ~e i~fi~ a~ct~ SCC. Mom~ome~ ~d Ko~oke Co~ ~we not ~n pmp~ly ~fo~ of the SCC conc~g ~e pipe~e. ~e SCC, at a mi~im~ should ~ proc~ ~d a~ow ~e dt~ ofMont~m~ ~d Ro~ke Co~d~ who ~ ~ ~t[y ~d i~edia~eiy ~t~ by ~e ~afio~ of ~e ~ pipelme m ~~ NOU-O1-L:~3~O 11: 5~ ~ 95X P. 88 0CT--25--00 01 :26 PFI CHRISCAVEIWESE; 54Fd9'?74416 P.~5 RKE BOARD SUPERVISORS ?EL:540-?72-2195 Aug 09'00 [4:25 flo.OOg P.O$ Corrmim.ic)n far ceq)c~n. ~eeking Ixrmtu~ ~ ~mln ~hm ~ way ~ugh p~e~ ~m M pdvate land d~ nm n~ end ~ ~e e~ pm~y ~em M p~a~ land unW ~r eppmva M ~ ~ ~y by ~e ~ Coca,on C~mMe~n; and BE IT RE~D ~ ~e BoI~ ~ ~u~wil~ of R~ke Count. V~h~. ~~y u~ee and mqu~ ~ ~llte ~m~ ~n ~ine ~mpi~ en~ ~ke Envy ~, ~ ~t mm~ny Tenn~w NiWml GI~ ~peny, Mr ~e Wa~Mh~nt ~ a new n~ml gl~ ~llne In i wr~or Mm~ In ~em~, ~r ~ g~ ~ nltu~ ~We I~ ~u~ln pea~ end ~ · ~ ~un~: and ~n. ~e ~m ~ ~ ~m~, and On ~~8~~m~~~~em~, AYES: NAYS: None SupenMom Johnian. C~humh, Nleken., MaNimera A GOPY TESTE: 0CT-25-2F~0 1~:35 5409774416 P.05 RKE l]OIqRO ~UP~RV~$OR$ CHRISCAVENESS TEL :540-772-2195 5409774416 P. 06 ~u~ 09'00 14:25 No,O09 P.04 File Peut M. IVlahone/, County Attorney John M ChemblIM, Jr., ~m ~ ~nll~r ~ ~ P~llm ~n~ E~ T~ne~ ~ ~ ~m~y ~ E~ 4 0CT-25-20~ 13:34 5409774416 98~ P. 06 11/01/2800 12:41 0080000000 PAGE 01 · lSgO Det~ Iiill Rd, ; Chri~lian~bu~8, VA2407:3 To: ~ P~rk~ Fax: 540-853-1145 From: Stacy Sny. d=~: Date: 1 l/OliO0 ~: Vi~ima Gas Pi~e ~: 12 C~: Ms, P~er', ~lUliOn ~ by the Momgom~ C~n~' ~rd of Su~i~ on A~ Su~ on ~ 17, 2~. I ~ ~ ~s ~on ~1 ~ ~!~ to ~ R~oke Ci~ mformaOon pl~ let ~ ~w. I ~ ~ ~c~ ~ ~bo~ 552-2~2. ~ y~ S~ S~ydet NOU-O1-X?000 11: 46 00000~ 95Y. P. 01 11/01/2000 12:41 0000008000 IV. PUBLIC ADDRESS SESSION V. ADDENDUM ¥I. CONSEt~T AGENDA VII. OLD BUSINESS A. SUBJECT: GAS PIPELINE P~GE 02 PROPOSED KESOLUTION; WHERtLa.$, Virloraa Gas Pipeline Company has been granted approval by ~he Stale Corporation Commission to obtain ~ass'mcnt$ for thc construction of a natural gm pipeline within a 1,000 foot corridor that traverses through portions of Montgomery County; Md WHE~AS, Wit. Bin a ponion of the 1,000 foot comdor approved by lhe State Corporation Commission is an existing fil~. (50) foot e~scment containing ~ existing natural gum pip, line owned by Duke Energy Co~oration. the p~ent ~omp~ of tho E~I Te~ess~c- Nat~at G~ Comply; ~d ~E~, ~ Montgomc~ County Bo~d ofSup~iSO~ ~d the citizens of Mont$ome~ County strongly urge the Virginia O~ Pip,line Company to cease ~y fu~er s~e~ng and ~t~ng of l~d ~d to initiat~ and p~icipate ~pcditioualy in a ~iilog with Duke Energy Co~oration with ~e intent to establish ~ a~e~ent to co-locate the Virginia O~ Pip~lin~ Comply ¢~ament wRhin the existing fiRy (50) foot e~ement owneO Oy Duke Ea~r~ Co~oration; ~fl ~A$, ~ D~e Energy Co~orafion has cstabli~6~ a pgblie policy whereby D~ Energy Co~oration is co--iRed to stew~ip ofo~ co~ilies and ~vko~t. ~d has a tong hiao~ of advocating; ~d building for the ¢nviro~¢nt ~d ~c~ ~¢~ply about how'i~a business ope~tiOns ~ce ~e quality oflif¢ ia ~e co--unity ~d the impaci ~f its operatio~ on~. th~ ~nvi~ent; ~ WHEt~AS, D~lkc Energy Corpoatiori is a colorite leader in the utilities ~d ~ncgy indu$~ md h~ ~be wherewithal r~ough its o~ers~p of a cecum ~e av~l~l~ to M~rgi~a Ga~ Pipeline Co~oration tM space neces~ for the t~ugh Montgome~ County; and Augus;28,2000 P~e 2 of 15 N~]U-01-2000 11:47 ~ 95Z P.02 11/81/2888 12:41 0000000000 PAGE WHEKEAS, The cmzens of Vtrgmia and paz~icular[y Montgomery County wish to l;reserve for perpetuiD its natural wildlife and rno~,ntain ridges anti peaks a natural s:ate and protect the views of the peak: and ridge~ of this beautiful country, and WHEI~A5, The Montgomery County Board of Supervisors adopted a resolution on May 1 l, 1998 m support o f the Virginia Gas Pipeline; and WHEREAS, The Montgomery Coamy Board of Supervisors continues to suppori the pipeline sublect to virginii Oas Pipeline; Company continuing to cooperate with Montgomery County citiz~s in or6er to choo.se ~h~ route that minimizes and mitigates Se impacts on the enxironmcnh neighborhoods and viewsheds in Montgomery County; and WttEI~AS, t! is incumbent upon ulility corporations to seek and resolve issues to coexis~ th.rough ~stablizhed comdors previously approved by thc Virginia State Co~tlon Commission in or~er to be,t mimmize ~d mitigate ~y f~her impacts on the enviromenr, neighborhoods ~d th~ view.ods in Montgome~ County. NOW.THE~FO~, BE IT ~SOLVED, That the ~oa~ of Sugemisors of Montgome~ County, virgini, respectfully urges and requests tl~e i~ediate c~p~ation between ~he Virginia G~ Pipeline Comply ~d Duke Energy Co~oration. the parent company of thc East Te~see Na~al Ga, Company, for the establis~ent of ~ a~eement allowing for the co-l~ation of th~ Virginia Gas Pipeline e~emem wilton the existing fitly (50) foot ~ent of Duke Energy Co. ration already m existence, m order to ctmose th* mute ~at b~t mi~mizes ~d mitlgat~s my impacts on th~ envim~ent. ~ei~bo~h~s ~d vi~wsheds in Montgome~ Co~ty. BE IT F~ER ~5OLV~D. That suitable copies oft~ Resolution. duly authenticated by the Montgome~ Count7 Bond of Supe~isors. be ~m,mitted to the Virgin G~ Pipeline Company, ~he E~t Te~s~. Na~al G~ Compmy, ~e Duke Energy Co~raUon, ~e virginia Sta~¢ Co~oration Co~ission, md ~* Virginia General Assembly delegate, and senators reprinting Montgomeu County, Virginia. IS SUF.,,"PUKPOS Ii: Rc,olmion in suppor~ of Using existm$ easements for a new ga~ pipeline. 03 August 28, 21100 NOU-01-2000 11: 45' ~ 9'5Z P. 03 11/01/2000 12:41 0000000000 RJSTIFICATION: Montgomery CounW adopted a re$olotion on May 11, 1998 in sup~ of the Vi~a Oas Pipeline. The Bo~ of Supe~isors reques~ that vir~m~ O~ Pipeli~c Comply usc ~m~ in comdo~ wher~ ~cy aCeady exi~L Sec T~ ~ for a copy of May 11, 2000 rc~olution~ 04 NEw BUSINESS A, SUBJECT: COMPENSATION FORTHE PUBLIC SERVICE AUTHORITY SECOND VlCE-CHAII~%~kN'S POSITIO~ PROPO$ED RESOLUTION: WHEI~AS, The Vix§inia W,:er and W~te Authorities Act, §15.2-5100 et.seq, ofthe CodeofVirginia of 1950, :~ amended, allows the local governing body to create a Public Service Authority; and WHERZAS, §15.2-5113 cf the Code of Virginia of 1950, a~ amended. provides for compensation of the Public Service Authority Board of Directors, as fixed by' resolution of the Boazcl of' Supervisors o f [he govemin$ body. NOW, THIEREF~R.E, BE IT RESOLVED, By the BOard of Supervisors of Montgomery County, Virgima [hat the Second Vice-Chairman of~e Public Service Authonly (PSA) Board of Directors compemation be ,et a! 2I;75 p~r month, makin~ the salary equ~l to thc Vice - Chairman and ~c Secretary/Treasurer. ISSUE,'t:'UR~OSE: JUsTIFICA. TJON: Compensation fo~ PSA Second Vice. Chairman. At :herr Auguat 7, 2000 meeting, the PSA Board of Directors approved a rcsoJution to reque,t dic Bo~d of Supe~isors to incrc~ ~ci sal~ of thc Second Vice-Chairm~ ~d S~ret~rea~er. ( See T~ ,_g ) Ausust 28. 2000 Page 4 of 15 NOU-O1-L:~ 11:48 11/81/2000 12:41 0000000000 PAGE 05 OFFR/ES OF CO(llTTY ATTORMEY SuRe 218 ° (~u~iar~bu~. VirgLnia 24073-~027 October 16, 2000 Yin OvemivJ;tt Mail Joel H. Peck, Clerk State Corporation Commission Document Control Center Tyler Braiding, First Floor 1300 East main Street Richmond, VA 23219 la Re: ApplicaOon of Virginia Gas Pipeline Company, Case No. PUE 990167 Dear Mr. Peck: Enclosed for filing, please find an ori,*inal and four (4) copies oft, he Board of Supervisors of the County of Momgom~ry, Virginia's Motion to Support and Urge tho State Corporation Commission to grant the Motion filed by Numerous Citizens Residing in Montgomery and Roanoke County requesting the SCC to reconsider and reopen the Certification Application of Virginia Gas Pipeline Company, Case No. PU'E 990167. Thank you for your attention in this matter. ere. c: Sincerely, Martin M. McMahon County Attorney Board of Supervisors of the Corm .fy of Montgomery, Vir~nia Jeffrey D. $ohmon, County Administrator Tele~one (540) 382-..573 ! FPO(: (940) 382-6943 N[~J-01-2000 11:48 0000000000 95Z P.05 11/01/2000 12:41 0000000000 PAGE 09 2. MISRSPRaSENTATION ON ~ PART OF virGINIA GAS CO~~ CONCS~G ~ SCOP5 ~ 5~ OF ~ PR~~ GAS P~EL~ ~~ ~T ~ B~ O~D TO C~S OY ~ RO~O~ CO~ ~~D BY ~ P~~. ~c V~ G~ ~pe~ Comp~y's ~c~on ~ ~c SCC ~ ~c au~o~za~on W co~, o~ ~ op~e · ~ g~ ~~ pi~ rclat~ faci~ ~om ~dford ~ Ro~okc Co~, w~ch ~ ~ ~i~ of V~nia Pipe~e Colby's ~g pi~ ~{~ ~om ~iI~e, V~nia ~ ~o~. ~ ~e SCC ~led V~a G~ P~e Co~y i~ ~fi~e, ~ w~ ~ ~ p~vile~e to ob~ ~ to a fi~ (50) f~ ~~ to I~te i~ n~ ~e ~ m~t~ e~en~s for i~ pi~e d~ ~ot co~o~ ~ ~e fi~ md pfi~leg~ ~ by Vk~a G~ Pipe~e Compmy. ~ i~ ~ f~ ~e O~t ofE~t ~ ~ V~a G~ Pipeline Comply is not ~t~ to pla~g o~y ~e ~ ~ pi~ ~ ~ved by ~e SCC, but they may place "~o" pi~l~. A~tio~tly, ~e G~i ofE~ent s~es Vk~nia G~ Pipe~e Comply ~y ~ ~e ~em ~ f~ l~g l~o~catio~ or fib~ optics tines or s~s. Tel~o~ca~ion or ~ ~fic ~ or ~ c~y ~ve ao~ng ~o do ~ a ~ ~ pi~l~e ~d ~e SCC did not a~o~e ~V~ ~ Pi~hne Comply ~o u~ cond~goa to ob~ ~ch m e~t. ~e Co~W of M~t~om~ ce~ainly suppo~ ~y ~ lo ~-l~ai~ pubic ughW ~ m exi~g ~~. How~, is not pmp~ for my pubic ufili~ to ~ ~e ~ or ~v~ ~t ofc~~on to ob~in e~ement d~ ~t ~ ~ve ~ ~yo~ ~o~ ~ ~ p~l~ ~ ~ ~ c~f~te by the SCC. ~e SCC should ~ ~e c~fi~on a pubEc h~g ~ to ~ves~e 4 NOU-01-2~ 11:58 11/81/2888 PAGE 18 and consider whether them has been any intentional or unintentional overreaching on the part of Virginia Gas Pipeline Company in obtaining easements for the pipeline. 3. TH~ STATE CORPORATION COMMISSION SHOULD I~ECONSIDER AbrD REOPEN THE CERTIFICATION PROCESS IN ORDER TO ADDRES~ THE ENVIRONMENTAL IMPA~S THAT WERE PREVIOUSLY IDENTIFIED BY THE DEPARTMENT OF ENVIRO~AL QUALITY. : The SCC StaffRq:mrt identified a varic'ty of environmental impacts that may arise due to the granting ofa cm'tificate to construct a natural gas u'ausm/ssion line. Section 56-265.2:1A of the 1950 Code of Virginia, as mended, states that whenever a cm-tificate is required for the construction of a natural gas pipeline, the Commi~ion shall consider the effect of' the pilx;line on the ~nvironment and may establish such reasonable practical conditions as may be necessary to minimize any adverse emvironmental impact. The Final Order of thc SCC fails to address any of the identified environmental knpacts nor does it direct any modification of'the proposed gas pipeline due to these impacts. The SCC should reopen the certification process to better address and mitigate the adverse environmental impacts that may arise due to the construction of this natural gas pipeline. 4. THE SCC SHOLrLD RECONSIDER AND REOPEN THE PROCESS IN ORDER TO .aDDRESS THE POSSIBILITY OF VIRGk'NrIA GAS PIPELI)rE CO. LOCATh-NG WI~ THE EXISTING GAS EASEMENTS OF DIJKI~ EArlERGy WHERE APPROPRIATE. The SCC Staff'Reports indicated that the Department of Environmental Quality, the Department of Conservation and R¢crcatio~ and other~ have recommended that Virginia Gas Pipeline Company co-locate its facilities within the existing easement of Duke Energy (formerly 5 Sast Tennessee Natural Gas). Section 56-25S.2:1A of the 1950 Code of V~nia, as amended, empowers the SCC to establish reasonable practical conditions a~ may be ;neces.m~, to minimize any adverse environmental impact. The use of the ~xi.stmg Duke Enm'Ty Gas easement has been /dent/fled by the above referenced State Agenc/es as a way to m/t/gate the: adverse/mpact$ the pipeline will have on the en-ri~onment. The County of Montgomery supports and urge~ the SCC to reopen and reconsider certification process so that the SCC may establish conditions when Virginia Gm Pipeline Company shall seek [o co-locate its line in the existiag ga~ ea~ment o£ Duke Energy. A~ a minimum, the SCC should reqaire the co-locating of the pipeline in situations where safety concem~ are properly addre~ed and where existing re.~idenfial and commercial uses will not be adversely impacted. Any reconsideration re'g: new certificate should reconsider these recommendations. CONCLUSION Irding thc i~nce of a THEREFORE, the Board of Supervi~o~ of ~e County of Montgomery, Virgima, supports and urges the SCC to grant the Motion that wa~ filed by the Interested Petitioners requesting the SCC to reconsider and reopen the certification application (Ca~¢ No. PD-E 990167) of Virginia Gas Pipeline Company. 1',1t3U-01-2013~3 11:S2 131Bt~013131BI30 P.10 11/01/2000 12:41 0000000000 PAGE 11 East Termessee Natm'al Gas). Section 55-255~2:1A oft~e 1950 Code ofV~ni~ ~ ~de~ e~pow~ ~e SCC ~o ~biish ~le p~c~ co~o~ ~ may be acc~ m ~e ~y adv~e ~~tal ~pa~ ~e ~c of~e ~g ~e ~gy ~ ~t ~ ~ identified by ~e ~ov¢ ~f~c~ Stat~ Ag~ ~ a way to ~S~e ~e adv~ ~a~ ~ to ~p~ ~d r~o~id~ c~fic~ion p~ ~ ~at ~e SCC may ~li~ co~fio~ wh~ V~g~a Gas Pip¢~e Co~y $~1 s~ to ~1~¢ i~ ~e ~ ~e e~st~g g~ ~m~nt of si~o~s wh~ ~eW conc~ ~ p~p~Iy ~~ ~d wh~c c~s~g ~d~ ~d co~emi~ ~s ~11 not bc adv~cly ~p~ ~y ~co~i~fio~ ~g~g ~e i~ce of a new ce~ificate ~houid reco~id~ ~c ~co~dafio~. CONCLUSION THEILEFOR~, the Board of Supervisors of the Count~ of l~lontgomery, Vir~nia, supporta and urges the SCC to grant the Motion that was filed by thc Irit¢r~stcd Petition~'s requiting the SCC to reconsider and r~pcn thc certification application (Case No. PI~-E 990167) of Virginia Gas Pipeline Company. ~1-L::~000 11:5~ 0000000000 9~ P.11 11/81/2888 12:41 0000000000 Respectfully subz~d, tted, BOARD OP' SUPER'v'ISOP, S OF THE COUbFrY OF MONThlY, VrROINIA PAGE 12 By: Of Couase! Martin M. McMahon Montgomery County Attorney Suite 409 1 East Mare Street Clmstiansburg, Vixg/nia (540) 382-5730 Counsel for tlae Board of Supervisor~ of the County of Montgomery, NOU-01-21~ 11: 5:3 ~ 9'7X P. 12 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk November 8, 2000 File #67-70 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, November 6, 2000, Ms. Bernice Meador, 370 Koogler Drive, N. W., presented a petition signed by over 200 persons in support of keeping Fire Station No. 12 open, and she also inquired about the status of the fire station. It was the consensus of Council that the matter be referred to the City Manager, or her designee, to respond to inquiries of Ms. Meador regarding maintenance of the current facility and future status of Fire Station No. 12. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms pc: Ms. Bernice Meador, 370 Koogler Drive, N. W., Roanoke, Virginia 24017 Ms. Delois Koogler, 356 Koogler Drive, N. W., Roanoke, Virginia 24017 George C. Snead, Jr., Assistant City Manager for Community Development James Grigsby, Chief, Department of Fire/EMS N:\CKVC\council00\agenda\Nov\November 6 correspondence.wpd 0CT-~1-2000 11:~ P~N~SONIC p.F~ 3.C. '00 !: ?I /!11:2,~ RIDGEWOOD PARK NEIGHBORHOOD LEAGUE TO: Mary Parker FROM: Ridgewood Park Neighborhood League REQUEST: Please add the Ridgewood Park Neighborhood League to the age, mia for the Roanoke City Council Meeting on Monday, November 6th. The topic we will be addrcssing is "Save Our Fire Station_" CONTACT: Delois Kooglcr at 356 Kooglcr Dr. NW Roanoke, Va 24017 342-8834 OCT-31-~ 11: 14 97X TOTAL P.O1 P.O1 Members of City Council, We the undersigned feel that the elimination of Station 12 along with the firefighters and equipment stationed there will adversely affect the level of fire services now provided. Of the services provided by the City, Fire and Police protection is paramount We do not feel that the City can make cuts in these departments and still give us, it citizens, the services we pay for and expect. If City administrators must cut expenses, then surely, there must be other costs that could be cut that would not jeopardize our safety. NAME ADDRESS Members of City Council, We the undersigned feel that the elimination of Station 12 along with the firefighters and equipment stationed there will adversely affect the level of fire services now provided. Of the services provided by the City, Fire and Police protection is paramount. We do not feel that the City cmn make cuts in these depm-tments and still give us, it citizens, the services we pay for and expect. If City administrators must cut expenses, then surely, there must be other costs that could be cut that would not jeopaxdize our sa/ety. NAME ADDRESS · Members of City Council, We the undersigned feel that the elimination of Station 12 along with the firefighters and equipment stationed there will adversely a_fleet the level of fire services now provided. Of the services provided by the City, Fire and Police protection is paramount We do not feel that the City can make cuts in these departments and still give us, it citizens, the services we pay for and expect. If City administrators must cut expenses, then surely, there must be other costs that could be cut that would not jeopardize our safety. NAME ADDRESS · Members of City Council, We the undersigned feel that the elimination of Station 12 along with the firefighters and equipment stationed there will adversely affect the level of fire services now provide& Of the services provided by the City, Fire and Police protection is paramount. We do not feel that the City can make cuts in these departments and still give us, it citizens, the services we pay for and expect. If City administrators must cut expenses, then surely, there must be other costs that could be cut that would not jeopardize our safety. NAM]E ADDRESS Members of City Council, We the undersigned feel that the elimination of Station 12 along with the firefighters and equipment stationed there will adversely affect the level of fire services now provided. Of the services provided by the City, Fire and Police protection is paramount We 'do not feel that the City can make cuts in these departments and still give us, it citizens, the services we pay for and expect If City administrators must cut expenses, then surely, there must be other costs that could be cut that would not jeopardize our safety. NAME ADDRESS Members of City Council, We the undersigned feel that the elimination of Station 12 along with the firefighters and equipment stationed there will adversely affect the level of fire services now provide& Of the services provided by the City, Fire and Police protection is paramount We do not feel that the City can make cuts in these departments and still give us, it citizens, the services we pay for and expect. If City administrators must cut expenses, then surely, there must be other cost~ that could be cut that would not jeopardize our safety. NAME ADDRESS Members of City Council, We the undersigned feel that the elimination of Station 12 along with the firefighters and equipment stationed there will adversely affect the level of fire services now provided. Of the services provided by the City, Fire and Police protection is paramount. We do not feel that the City can make cuts in these departments and still give us, it citizens, the services we pay for and expect. If City administrators must cut expenses, then surely, there must be other costs that could be cut that would not jeopardize our safety. NAME ADDRESS Members of City Council, We the undersigned feel that the elimination of Station 12 along with the firefighters and equipment stationed there will adversely affect the level of fire services now provided. Of the services provided by the City, Fire and Police protection is paxamo~t. We do not feel that the City can make cuts in these depamnents and still give us, it citizens, the services we pay for and expect If City administrators must cut expenses, then surely, there must be other costs that could be cut that would not jeopardize our safety. ~ NAME t' ADDRESS Members of City Council, We the undersil~ned feel that the elimination of Station 12 along with the firefighters and equipmen~ s~aIioned there will adversely a~'ec~ the level of fire services now provided. Of the services provided by the Ci~, Fire and Police prote~on is paramount. We do uot feel that the CiW can make cuIs in these depanm~ and slill give as, k cfi/zeus, the services we pay for and expect. If CiW administrators mus~ ~uI expenses, then surely, there must be other costa thai could be cuI thai would not jeopardize our safety. NAlV~ ADDRESS Members of City Council, We the undersigned feel that the elimination of Station 12 along with the firefighters and equipment stationed there will adversely affect the level of fire services now provided. Of the services provided by the City, Fire and Police protection is paramount. We do not feel that the City can make cuts in these departments and still give us, it citizens, the services we pay for and expect. If City administrators must cut expenses, then surely, there must be other costs that could be cut that would not jeopardize our safety. NAME ADDRESS ! .,, t t ': ~Iembers of City Council, We the undersigned feel that the elimination of Station 12 along with the firefighters and equipment stationed ther~ will adversely affect the level of tLre services now provided. Of the services provided by the City, Fire and P~iice protection is paramount. We do not f~l tha~ the City can make cuts in these ~partm~nm and still give us, it citizeus, the scm-vices vv~ pay for and expect. Ii' City admimslmtors must cut expeus~, then stu~ly, thu)l~ must I~ other costs that could be cut that would not jeoparai~ our sa~c'ty. NAME ADDRESS · ----- ..... -- Members of City Council, We the undersigned feel that the elimination of Station 12 along with the firefighters and equipment stationed there will adversely affect the level of fire services now provided. Of the services provided by the City, Fire and Police protection is paramount. We do not feel that the City can make cuts in these departments and still give us, it citizens, the services we pay for and expect. If City administrators must cut expenses, then surely, there must be other costs that could be cut that would not jeopardize our safety. NAME ADDRESS Members of City Council, We the undersigned feel that the elimination of Station 12 along with the firefighters and equipment stationed there will adversely affect the level of fire services now provided. Of the services provided by the City, Fire and Police protection is paramount. We 'do not feel that the City can male cuts in these departments and still give us, it citizens, the services we pay for and expect. If City administrators must cut expenses, then surely, there must be other costs that could be cut that would not jeopardize our safety. NAME ADDRESS Members of City Council, We the undersigned feel that the elimination of Station 12 along with the firefighters and equipment stationed there will adversely affect the level of fire services now provided. Of the services provided by the City, Fire and Police protection is paramount. We do not feel that the City can make cuts in these departments and still give tm, it citizens, the services we pay for and expect. If City administrators must cut expenses, then surely, there must be other costs that could be cut that would not jeopardize our safety. NAME ADDRESS ! I~ ¢-7, // /; fl // // // Members of City Council, We the undersigned feel that the elimination of Station 12 along with the firefighters and equipment stationed there will adversely affect the level of fire services now provide& Of the services provided by the City, Fire and Police protection is paramount. We do not feel that the City can make cuts in these depamnents and still give us, it citizens, the services we pay for and expect. If City administrators must cut expenses, then surely, there must be other costs that could be cut that would not jeopardize our safety. NAME ,.'/g,., o./f- _ ,. _ ADDRESS ,4v/ dd£ CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk November 13, 2000 File #24-45-60-104-497 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35114-110600 amending and reordaining §2-121, Authority to transfer funds, of Article V, City Manager, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, to provide authorization for the City Manager to transfer funds up to $75,000.00 within or between the several departments and divisions set forth by fund in the annual appropriation ordinance, and the Director of Finance shall report all such transfers to Council on a quarterly basis. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 6, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Attachment N:\CKVC\council00Xagenda\Nov\November 6 correspondence.wpd Darlene L. Burcham November 13, 2000 Page 2 pc: The Honorable Diane McQ. Strickland, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable George W. Harris, Jr., Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable William D. Broadhurst, Judge, General District Court The Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court E-mail to Municipal Code Corporation Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court Patsy A. Bussey, Clerk, Juvenile and Domestic Relations District Court Peggy B. Stewart, Office of the Magistrate Steven J. Talevi, Assistant City Attorney James D. Grisso, Director of Finance Barry L. Key, Director, Management and Budget N:\CKVC\council00~agenda\Nov\November 6 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of November, 2000. No. 35114-110600. AN ORDINANCE amending and reordaining §2-121, Authori _ty to transfer funds, of Article V, .Ci _ty Manager, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, to provide for the authorization of the City Manager to transfer funds; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 2-121, Authori _ty to transfer funds, of Article V, City Manager, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: §2-121. Authori _ty to transfer funds. The City Manager may make or cause to be made transfers up to $75,000.00 within or between the several departments and divisions set forth by fund in the annual appropriation ordinance. The Director of Finance shall report all such transfers to City Council on a quarterly basis. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage ATTEST: City Clerk. H:~MEAS URES\o-amtransfer Roanoke City Council ~* Regular Agenda Report November 6, 2000 5.a.1. Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Amendment of Section 2-121 of City Code - Authority to Transfer Funds Background: Section 2-121 of the City Code authorizes the City Manager to transfer funds, not exceeding twenty-five thousand dollars ($25,000), within or between departments as specified in the annual appropriation ordinance. Transfers in excess of $25,000 must be approved by City Council. The budget, adopted by City Council as a part of the annual appropriation ordinance for each fund, provides funding at the department or division level. Fund transfers are used to reallocate budgeted funding between departments and divisions to address unanticipated needs and do not impact the aggregate amount budgeted for each fund. Considerations: In order to improve administrative efficiency, with respect to the reallocation of budgeted funds between departments, an amendment to Section 2-121 is requested to remove the $25,000 limit for the transfer of funds and allow fund transfers within each fund to be made without a financial limitation. A survey of selected "peer" jurisdictions indicates that several localities allow transfers without a financial limitation. The localities that follow this practice include Salem, Roanoke County, Chesapeake, Newport News, and Norfolk. Honorable Mayor and Members of City Council November 6, 2000 Page 2 Recommended Actions: Amend Section 2-121 of the City Code to remove the $25,000 limit on the transfer of funds and allow fund transfers to be made within each fund without a financial limitation. Provide City Council with a quarterly report of all transfers in excess of $75,000. Respectfully submitted, City Manager C: James D. Grisso, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk #00-62 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 8, 2000 File #5-32 Stephanie M. Moon Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35116-110600 authorizing the City Manager's issuance of Change Order No. 5 to the City's contract with Thor, Incorporated, for removing the adhered paper from the roof and providing a new Duracap Gypcrete slab for the new Police Building, with an increase in the amount of $31,252.00 to the contract. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 6, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Attachment pc: George C. Snead, Jr., Assistant City Manager for Community Development A. L. Gaskins, Chief of Police James D. Grisso, Director of Finance Robert K. Bengtson, Director of Public Works Philip C. Schirmer, City Engineer D. Darwin Roupe, Acting Director of General Services Barry L. Key, Director, Department of Management and Budget N:\CKVC\council00Xagenda\Nov\November 6 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 2000. No. 35116-110600. AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 5 to the City's contract with Thor, Incorporated for removing the adhered paper from the roof and providing a new Duracap Gypcrete slab for the new Police Building; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is authorized to execute for and on behalf of the City, in a form approved by the City Attorney, Change Order No. 5 to the City's contract with Thor, Incorporated for removing the adhered paper from the roof and providing a new Duracap Gypcrete slab for the new Police Building, and adding seven (7) calendar days to the contractual time of performance, all as more fully set forth in the report to this Council dated November 6, 2000. 2. This Change Order will provide authorization for additions in the work with an increase in the amount of $31,252.00 to the contract, all as set forth in the above report. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. H:~M~mur~Xeo5 ix~om buiklin{ 5.a.3. Roanoke City Council Regular Agenda Report November 6, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Change Order No. 5 New Police Building, Phase I 348 West Campbell Avenue Roanoke, Virginia Background: The original IBM Building was purchased from the Posner Brothers with the intent of saving both time and money by remodeling the building to create the New Police Building, Phase I. The building was originally designed for a third floor, which the Police Department needed for the square footage to accommodate half the space needs as recommended by Daniel C. Smith and Associates in their 1997 Long Range Facilities Master Plan. The City entered into a contractual agreement with Thor, Incorporated, 3313 Plantation Road, N.E., Roanoke, Virginia 24012, for construction of the New Police Building in the amount of $4,015,200 and 390 consecutive calendar days construction time. The following Change Orders have been approved administratively: Change Order No. I Add covered walkway along Campbell Avenue in lieu of chain link fence specified $ 6,653.00 Change Order No. 2 Rock excavation in foundation, plus seven (7) consecutive calendar days construction time 9,628.00 Change Order No. 3 Complete the sprinkler system of the building 25,000.00 Change Order No. 4 Electrical and mechanical rough-in to lockers 8,300.00 Work progressed as planned until the existing roof was removed to reveal a roof slab with a rough wood float finish and insulation that had been glued down with hot asphalt. VVhen the insulation was removed, it left the building paper that was originally adhered to the underside of the roof insulation stuck to the rough roof slab over approximately 85% of the roof surface. Considerations: Ronald M. Martin & Associates, P.C. (t/a Martin & Associates, P.C.), architects for the project, recommended that the adhered paper be removed with scraping and high pressure water blast. Once the paper has been removed, they recommend we provide, pour and finish a 1%" minimum 2,500 psi Duracap Gypcrete slab. Change Order No. 5 as set forth below will provide for this work. Change Order No. 5 New Police Building, Phase I 348 West Campbell Avenue Roanoke, Virginia November 6, 2000 Page 2 Change Order No. 5 Cost of removing adhered paper and providing a new Duracap Gypcrete slab, plus seven (7) consecutive calendar days 31,252.00 Total Change Orders to Date, including Change Order No. 5 $ 80,833.00 Funding for Change Order No. 5 is available in the project contingency. Recommended Action: Authorize the City Manager to execute Change Order No. 5, in a form approved by the City Attorney, with Thor, Incorporated, in the amount of $31,252.00, and seven (7) additional calendar days of contract time. Darlene L. Burq~am City Manager DLB/LBC/bls C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance # 00-177 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 8, 2000 File #60-468 Stephanie M. Moon Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35118-110600 authorizing a contract with Wiley & Wilson, A Professional Corporation, in the amount of $500,000.00, for engineering services for the design, development of construction documents, construction administration, and related work for the Crystal Springs Filter Plant. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 6, 2000. Sincerely, ~~,~.~.. Mary F. Parker, CMC City Clerk MFP:jms Attachment pc; James D. Grisso, Director of Finance Jesse H. Perdue, Jr., Manager, Water Department Robert K. Bengtson, Director of Public Works Philip C. Schirmer, City Engineer Barry L. Key, Director of Management and Budget N:\CKVC\council00~agenda\Nov\November 6 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 2000. No. 35118-110600. A RESOLUTION authorizing a contract with Wiley & Wilson, A Professional Corporation, for engineering services for the design, development of construction documents, construction administration, and related work for the Crystal Springs Filter Plant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, a contract with Wiley & Wilson, A Professional Corporation, in the amount of $500,000 for engineering services for the design, developmeht of construction documents, construction administration, and related work for the Crystal Springs Filter Plant, as described in the City Manager's report to this Council dated November 6, 2000. 2. The form of the contract shall be approved by the City Attorney, all as more particularly set forth in the City Manager's report to this Council dated November 6, 2000. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk November 8, 2000 File #60-468 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35117-110600 amending and reordaining certain sections of the 2000-2001 Water Fund Appropriations, providing for appropriation of $555,000.00, in connection with a contract with Wiley & Wilson, A Professional Corporation, for engineering services for the design, development of construction documents, construction administration, and related ~,ork for the Crystal Springs Filter Plant. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 6, 2000. Mary F. Parker, CMC City Clerk MFP:jms Attachment pc: Darlene L. Burcham, City Manager Jesse H. Perdue, Jr., Manager, Water Department Robert K. Bengtson, Director of Public Works Philip C. Schirmer, City Engineer Barry L. Key, Director, Department of Management and Budget N:\CKVC\council00Xagenda\Nov\November 6 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of November, 2000. No. 35117-110600. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Water Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Capital Outlay Crystal Springs Filter Plant (1) ............................... Retained Eaming$ Retained Earnings - Unrestricted (2) .......................... 1 ) Appropriated from General Revenue (002-530-8395-9003) $ 555,000 2) Retained Earnings - Unrestricted (002-3336) (555,000) $ 2,181,831 555,000 $ 31,954,108 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke City Council Regular Agenda Report November 6, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Engineering Services Contract Crystal Springs Filter Plant Roanoke, Virginia 5.a.4. Background: The City of Roanoke was notified by the Commonwealth of Virginia Department of Health on May 2, 2000 that, due to possible surface water influence, Crystal Springs could not be used as a water supply until the water was treated for potential surface contaminants. This has caused a loss of 3 - 4 million gallons of water per day in the potable water supply of the City of Roanoke. Personnel from the Water Division and the Engineering Department visited three water treatment plants in Virginia to inspect fabric filtration systems. Mr. Jesse Mayhew, of the Lexington Office of Water Programs with the Commonwealth of Virginia Department of Health, accompanied City personnel on two of the inspection trips. Mr. Mayhew informed us that currently, only Memcor filter fabric, produced by U.S. Filter, has been approved for use in the Commonwealth of Virginia. The Dayton, Virginia plant we visited had this type fabric and its footprint could fit within our available space at Crystal Springs. Considerations: On May 17, 2000, the City advertised for qualified engineering firms to provide professional services to design a water treatment facility for Crystal Springs. Six firms responded to the Request for Proposals and three firms were interviewed. From the interviews, the Selection Committee chose Wiley & Wilson, A Professional Corporation (Wiley & Wilson), 2310 Langhorne Road, Lynchburg, Virginia 24501, to be the most qualified for this project. After negotiation with Wiley & Wilson, a full service contract for the design, development of construction documents, and construction administration for a 6 million gallon per day (MGD) filtration plant for $500,000 was determined. Wiley & Wilson has recommended that bids on the filter system be received prior to bidding the building and all related valves, piping and controls. The filters come from the factory assembled in packages capable of filtering 500,000 gallons per day per filter unit. This project will require ten filter units with space for two more units. In pre-bidding the filter units, Wiley & Wilson advises us that three months can be saved in getting this new filter plant into operation. Engineering Services Contract Crystal Springs Filter Plant Roanoke, Virginia November 6, 2000 Page 2 Funding is available in the Water Fund Retained Earnings account as follows: Contract Amount Contingency Sub-soil Investigation $500,000 50,000 5,000 Total $555,000 Recommended Action: Authorize the City Manager to execute a full services contract as outlined above with Wiley & Wilson, A Professional Corporation, for the lump sum fee of $500,000, with a project contingency of $50,000. Appropriate $555,000 from Water Fund Retained Earnings to a project account entitled "Crystal Springs Filter Plant". Respectfully submitted, Darlene L. Burchat~n City Manager DLB/LBC/bls Attachment C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance # 00-178 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 8, 2000 File #60-70-236 Stephanie M. Moon Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35119-110600 amending and reordaining certain sections of the 2000-2001 Grant Fund Appropriations, providing for appropriation of $137,061.00, in connection with acceptance of the Fiscal Year 2001 Fire Program Fund Grant from the Virginia Department of Fire Programs. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 6, 2000. Sincerely, Mary F. er, City Clerk MFP:jms Attachment pc: Darlene L. Burcham, City Manager Barry L. Key, Director of Management and Budget James Grigsby, Chief, Department of Fire/EMS Charles A. Harlow, Grants Compliance N:\CKVC\council00~agenda\Nov\Novcmber 6 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of November, 2000. No. 35119-110600. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 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 2000-2001 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety $ 2,383,664 Fire Program Fund FY01 (1-5) .................................. 137,061 Revenues Public Safety Fire Program Fund FY01 (6) .................................... 1) Expendable Equipment <$5,000 2) Training and Development 3) Weadng Apparel 4) Recruiting 5) Regional Fire Training Facility 6) State Grant Revenue (035-520-3231-2035) (035-520-3231-2044) (035-520-3231-2064) (035-520-3231-2065) (035-520-3231-9073) (035-520-3231-3231 ) $ 32,061 10,000 30,000 5,000 60,000 137,061 $ 2,383,664 137,061 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. 5.a.$. Roanoke City Council ~ Regular Agenda Report November 6, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Fire Program Fund Background: The Fire Program Fund was established by the General Assembly in 1985. Revenue to support this program is derived from a surcharge on all fire insurance premiums collected throughout the Commonwealth. Program guidelines direct that Fire Program funds are non-supplanting and may not be used to replace existing local funding. Funds must be used in accordance with the provisions established by the State Department of Fire Programs and may be used for fire service training, regional fire service training facilities, firefighting equipment/apparatus and personal protective clothing. Considerations: Roanoke's allocation of $137,061.41 was electronically transferred to the City Treasurer on October 10, 2000. City Council approved funding the Roanoke Valley Regional Fire/EMS Training Center at a cost of $837,845 on November 16, 1998. The City's portion of the annual debt service for the training center in the amount of $60,000 will be repaid annually from Fire Program funds. The balance of $77,061 will be used for: Fire suppression equipment - $32,061 Training and development- $10,000 Recruitment and development - $5,000 Personal protective clothing - $30,000 Mayor Smith and Members of Council November 6, 2000 Page 2 Recommended Action: City Council accept funds from the Department of Fire Programs in the amount of $137,061.41, and authorize the Director of Finance to establish revenue estimates and appropriation accounts for the procurement of materials and equipment for training and development and fire suppression equipment. Respectfully submitted, Da~;~~am City Manager City Attorney City Clerk Director of Finance Assistant City Manager of Operations Budget Administrator Fire - EMS Chief #00-185 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 8, 2000 File #20-207-450 Stephanie M. Moon Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35120-110600 authorizing the City Manager to make application to the Commonwealth of Virginia Department of Transportation (VDOT) for Industrial Access Road Funds up to $450,000.00 for roadway construction to provide industrial access to Tract B and Tract F in the Roanoke Centre for Industry and Technology for new corporate prospects, and authorizing execution of any required documentation on behalf of the City of Roanoke for acceptance of any such funds which may be awarded, including provision of an appropriate security or bond to VDOT. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 6, 2000. Sincerely, _~. ~ Mary F. P~arker, CMC City Clerk MFP:jms Attachment pc: James D. Grisso, Director of Finance William M. Hackworth, City Attorney Robert K. Bengtson, Director of Public Works Elizabeth A. Neu, Director, Department of Economic Development N:\CKVC\council00~agcndaXNov\November 6 corrcspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6t:h day of November, 2000. No. 35120-110600. A RESOLUTION authorizing the City Manager to make application to the Commonwealth of Virginia Department of Transportation (VDOT) for Industrial Access Road Funds up to $450,000 for the roadway construction to provide industrial access to Tract B and Tract F in the Roanoke Centre for Industry and Technology for new corporate prospects and authorizing the execution of any required documentation on behalf of the City for acceptance of any such funds which may be awarded, including the provision of an appropriate security or bond to VDOT. WHEREAS, this property is expected to be the site of new private capital investment in land, building and manufacturing equipment which will provide substantial employment; and WHEREAS, the subject property has no access to a public street or highway and will require the construction of an extension to Blue Hills Drive; and WHEREAS, the City hereby guarantees that the necessary right-of-way for this new roadway and utility relocations or adjustments, if necessary, will be provided at no cost to the Virginia Department of Transportation. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to execute and file on behalf of the City of Roanoke any and all appropriate documents required in connection with the application to the Commonwealth of Virginia Department of Transportation for Industrial Access Road Funds up to $450,000 for roadway construction to provide industrial access to Tract B and Tract F in the Roanoke Centre for Industry and Technology for new corporate prospects and to execute on behalf of the City any documentation necessary for the acceptance of such Industrial Access Road Funds, and to furnish such additional information as may be required by the Commonwealth, all as more particularly set out in the City Manager's report to this Council dated November 6, 2000. 2. The City hereby agrees to provide an appropriate security or a bond, acceptable to and payable to the Virginia Department of Transportation, in the full amount of the access funds received by the City for the eligible cost of the road; and this security may be exercised by the Virginia Department of Transportation in the event that sufficient qualifying capital investment does not occur on Tract B and/or Tract F within five years of the Commonwealth Transportation Board's approval of funds pursuant to this request, and the City Manager is authorized to execute any necessary documents to provide for such security or bond. 3. The form of any agreements for the acceptance of such Industrial Access Road Funds shall be approved by the City Attorney. 4. Any local matching funds up to $150,000 that may be necessary or that are required by the acceptance of such Industrial Road Access Funds will be made available. 5. The City will, if such project is approved, provide adequate right-of-way, provide for necessary adjustment of any utilities affected by construction, and provide for future necessary maintenance of the roadway through other funding sources. ATTEST: City Clerk Roanoke City Council,, ,~=, ~ Regular Agenda Report November 6, 2000 5.a.6. Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Industrial Access Road Fund Application Background: The Commonwealth Transformation Board (CTB) adopted a policy in 1986 to govern the use of industrial access funds. Funding guidelines for industrial access funds indicate that $300,000 in funding for eligible road construction is available from the State for a qualifying industry, as determined by the State, whose new investment is $3,000,000. No local matching funds are required for this first $300,000. Up to $150,000 in additional funding can be made available from the State for an additional investment of $3,000,000, provided a dollar-for-dollar City match of up to $150,000 is also provided. Other guidelines for industrial access indicate that the locality, at its own cost, needs to provide the right-of- way, adjust any existing utilities which might be affected by the project, and maintain the roadway after its completion. Where a locality desires to have an industrial access road constructed in anticipation of a commitment by a manufacturing, processing or other qualifying establishment to locate, such a request can also be made. However, it will be necessary that the governing body guarantee to the CTB that a bond or other acceptable security will be provided. Such bond or security would cover the amount of the access funds received by the City since the funds are not yet justified by a qualifying industrial investment, such investment to be determined by the Virginia Department of Transportation (VDOT). It is also necessary that the Iocality's resolution state that, should no establishment acceptable to the CTB be constructed within the time limit of the bond, such bond shall be forfeited. If only partial qualifying investment occurs on appropriate site(s) within the time limit of the bond, proportional credit against the bond will be granted for that partial investment. The time limit shall be five (5) years from the date of approval by the CTB. Considerations: Two undeveloped tracts at the Roanoke Centre for Industry and Technology (Tract B and Tract F) presently have no roadway access (Tract ^ is undeveloped and does have existing access). A site grading and roadway extension contract has been prepared for Council approval as a separate agenda item. The proposed extension of Blue Hills Drive is needed for access and could be constructed using up to $450,000 in industrial access Council Report #00-186 Industrial Access Road Fund Application Page 2 November 6, 2000 road funds. Any access funds received as a result of this request will replace part of the funds used to fund the proposed contract. Recommended Action: Authorize the City Manager to file an application with VDOT for industrial access road funds up to $450,000 for roadway construction to provide industrial access to Tracts B and F at the Roanoke Centre for Industry and Technology. Assure the Commonwealth Transportation Board that the City will, if such project is approved, provide adequate right- of-way, provide for adjustment of any utilities affected by construction and provide future maintenance of the roadway through other funding sources. The City also agrees to provide an appropriate security or bond, acceptable to and payable to VDOT, in the amount of the access funds received by the City for the road; this security may be exercised by VDOT in the event that a sufficient qualifying capital investment does not occur on Tracts B and F within five (5) years of the Commonwealth Transportation Board's allocation of funds pursuant to this request. Respectfully submitted, Darlene L. Burcha~ City Manager C: City Clerk City Attorney Director of Finance Director of Public Works #00-186 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 8, 2000 File #5-60-236 Stephanie M. Moon Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35121-110600 amending and reordaining certain sections of the 2000-2001 Grant Fund Appropriations, to provide for appropriation of $4,500.00 in connection with participation bythe Police Department in a Domestic Violence Prevention Training Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 6, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Attachment pc: Darlene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Community Development A. L. Gaskins, Chief of Police Charles A. Harlow, Grants Monitor, Office of Grants Compliance Barry L. Key, Director, Department of Management and Budget N:\CKVC\council00Xagenda\Nov\November 6 correspondence.wpd IN THE COUNCIL OF THE CiTY OF ROANOKE, VIRGINIA The 6th day of November, 2000. No. 35121-110600. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 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 2000-2001 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety $ 2,388,164 Domestic Violence Training Grant (1) .............................. 4,500 Revenues Public Safety $ 2,388,164 Domestic Violence Training Grant (2) .............................. 4,500 1) Training and Development (035-640-3327-2044) $ 4,500 2) State Grant Receipts (035-640-3327-3327) 4,500 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke City Council, . Regular Agenda Report November 6, 2000 5.a.7. Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Domestic Violence Training Grant Background: The Virginia Department of Criminal Justice Services (DCJS) is the administering agency for the Virginia Services, Training, Officers, Prosecution (V-STOP) Violence Against Women Program. V-STOP offers grant funds to successful applicants for activities which increase the apprehension, prosecution and adjudication of persons committing violent crimes against women. Since 1999, a total of $52,043.00 has been awarded by DCJS to staff/operate the Domestic Violence Unit. The Roanoke Police Department employs a full-time DCJS grant-funded Domestic Violence Specialist whose primary responsibilities include linking victims to appropriate community services, assisting victims in court, assisting the Commonwealth's Attorney office in the adjudication of domestic cases, and building domestic violence database(s) for the Police Department. On September 26, 2000, DCJS awarded the Roanoke Police Department $4,500.00 to participate in an innovative Domestic Violence Training Program which will be held in Austin, Texas on December 3-6, 2000. Terms of this grant award state that training expenses will be reimbursed by DCJS subsequent to training attendance. Training will strengthen the multidisciplinary team approach to combating violence against women. The Domestic Violence Specialist, the Instructor for Domestic Violence at the Police Academy, and a prosecutor from the Commonwealth's Attorney office will be attending this training. Recommended Action: Appropriate $4,500 to an account for Training and Development as established by the Director of Finance. Increase the revenue estimate in an account to be established by the Director of Finance. City Manager C~ Mary Parker, City Clerk William Hackworth, City Attorney James Grisso, Director of Finance George Snead, Assistant City Manager for Community Development A.L. Gaskins, Chief of Police CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 8, 2000 File #5-60-236 Stephanie M. Moon Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35123-110600 authorizing acceptance ora certain Local Law Enforcement Block Grant from the United States Department of Justice - Bureau of Justice Assistance, in the amount of $128,331.00, with the City providing $14,250.00 in local match, and authorizing execution of any required documentation on behalf of the City of Roanoke. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 6, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Attachment pc: George C. Snead, Jr., Assistant City Manager for Community Development James D. Grisso, Director of Finance A. L. Gaskins, Chief of Police Charles A. Harlow, Grants Monitor, Office of Grants Compliance Barry L. Key, Director, Department of Management and Budget N:\CKVC\council00~agenda\Nov\November 6 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6Ch day of November, 2000. No. 35123-110600. A RESOLUTION authorizing the acceptance of a certain Local Law Enforcement Block Grant from the United States Department of Justice -- Bureau of Justice Assistance, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the United States Department of Justice -- Bureau of Justice Assistance, a Local Law Enforcement Block Grant in the amount of $128,331, with the City providing $14,250 in local match, such grant being more particularly described in the report of the City Manager, dated November 6, 2000, upon all the terms, provisions and conditions relating to the receipt of such funds. 2. The City Manager is hereby authorized to execute, on behalf of the City, any documentation required in connection with the acceptance of such grant and to furnish such additional information as may be required by the United States Department of Justice. ATTEST: City Clerk CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 8, 2000 File #5-60-236 Stephanie M. Moon Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35122-110600 amending and reordaining certain sections of the 2000-2001 Grant Fund Appropriations, to provide for appropriation of $147,590.00, in connection with acceptance of the 2000-02 Local Law Enforcement Block Grant from the United States Department of Justice, Bureau of Justice Assistance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 6, 2000. ~, ~ ~, ~,~,,(~_..Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Attachment pc: Darlene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Community Development A. L. Gaskins, Chief of Police Charles A. Harlow, Grants Monitor, Office of Grants Compliance Barry L. Key, Director, Department of Management and Budget N:\CKVC\council00Xagenda\Nov\November 6 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of November, 2000. No. 35122-110600. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 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 2000-2001 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety $ 2,535,754 Local Law Enforcement Block Grant 00-02 (1-4) .................... 147,590 Revenues Public Safety $ 2,535,754 Local Law Enforcement Block Grant 00-02 (5-7) .................... 147,590 1 ) Overtime 2) FICA 3) Expendable Equipment <$5,000 4) Training and Development (035-640-3328-1003) (035-640-3328-1120) (035-640-3328-2035) (035-640-3328-2044) 5) Federal Grant Receipts (035-640-3328-3328) 6) Local Match (035-640-3328-3303) 7) Interest (035-640-3328-3307) $118,059 9,031 20,000 500 128,331 14,259 5,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. 5.a.8. Roanoke City Council Regular Agenda Report November 6, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Local Law Enforcement Block Grant 2000-2002 Background: For fiscal year 2000, Congress has appropriated funding for the continuation of the Local Law Enforcement Block Grants (LLEBG) Program, to be administered by the Bureau of Justice Assistance, U.S. Department of Justice. The purpose of the LLEBG Program is to provide funds to units of local government to underwrite projects which reduce crime and improve public safety. The LLEBG award of federal funds is $128,331 with a local match of $14,259 for the period of October 1,2000 through September 30, 2002. This the fifth year of funding under this program. Grant recipients are required to hold at least one public hearing on the proposed use of LLEBG funds prior to the obligation of any funds received. This public hearing is conducted as a part of the City's annual January public hearing for the HUD Consolidated Plan. Additionally, prior to the obligation of funds received under the LLEBG Program, award recipients must establish an advisory board that includes, at a minimum, representatives from the local law enforcement agency, the local prosecutors office, the local court system, the local public school system, and a local non-profit, educational religious, or community group active in crime prevention or drug use prevention or treatment. The grant requires that these funds supplement rather than supplant local monies. Grant funds will be used for: (1) paying overtime to law enforcement officers for the purpose of increasing the number of hours worked by such personnel and (2) procuring equipment, training and other materials directly related to basic law enforcement functions. Police bicycle patrol hours will be expanded through allocation of this funding. Last year's grant funding provided over 3,764 hours of extra police patrol time directed at specific areas or neighborhoods. The LLEBG requires that all grant funds be placed in an interest bearing account. Based on interest earned during each of the past four years of LLEBG funding, interest earnings of $5,000 are anticipated for this grant. The LLEBG local cash match is $14,259 and is available in the Police Department's State Asset Forfeiture account. Recommended Action: Appropriate $147,590 to grant fund accounts to be established by the Director of Finance in the following amounts: Police Overtime $118,059 FICA $ 9,031 Expendable Equipment (<$5,000) $ 20,000 Training and Development $ 500 $147,590 Increase revenue estimates in accounts to be established by the Director of Finance. Authorize unexpended grant funds to draw interest in accordance with grant requirements. C: tfully submjtted, Darlen~ City Manager Mary Parker, City Clerk William Hackworth, City Attorney James Grisso, Director of Finance George Snead, Assistant City Manager for Community Development A.L. Gaskins, Chief of Police #00-406 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Virginia 24011-1536 lelephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~,ci.roanoke.va,us November 8, 2000 File #183-410 STEPHANIE M. MOON Deputy City Clerk Kathryn S. Dickerhoof Bid Coordinator Cargill Salt Company 24950 Country Club Boulevard North Olmsted, Ohio 44070 Dear Ms. Dickerhoof: I am enclosing copy of Resolution No. 35124-110600 accepting the bid of Cargill, Inc., in the total amount of $44.90 per ton for deicing salt, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract; and rejecting all other bids received by the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 6, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Enclosure pc; Darlene L. Burcham, City Manager James D. Grisso, Director of Finance Robert K. Bengtson, Director of Public Works D. Darwin Roupe, Acting Director of General Services Barry L. Key, Director, Department of Management and Budget David Dooley, Acting Manager, Streets and Traffic N:\CKVC\council00~agenda\Nov\November 6 correspondence.wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke. Virginia 24011-1536 Telephone: (540) 853-2541 Fax: {540) 853-1145 E-mail: clerkr,,'ci.roanoke.va.us STEPHANIE M. MOON Deputy Cit.',' Clerk November 8, 2000 File #183-410 Michael J. Smith Assistant Government Business Manager Morton International, Inc. 100 N. Riverside Plaza Chicago, Illinois 60606 Robert H. Jones Chairman and CEO International Salt Co. LLC P. O. Box 540 Clarks Summit, Pennsylvania 18411-0540 Linda Winter, Sales Manager IMC Salt, Inc. 8300 College Boulevard Overland Park, Kansas 66210 Dear Ms. Winter and Gentlemen: I am enclosing copy of Resolution No. 35124-110600 accepting the bid of Cargill, Inc., in the total amount of $44.90 per ton for deicing salt, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract; and rejecting all other bids received by the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 6, 2000. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid for deicing salt. Mary F. Parker, CMC City Clerk MFP:jms Enclosure N:\CKVC\council00Xagenda\Nov\November 6 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA. The 6th day of November, 2000. No. 35124-110600. A RESOLUTION accepting the bid of Cargill, Inc., Salt Division, for deicing salt. upon certain ten'us and conditions, and awarding a contract theretbr; authorizing the proper Cit.,,' o t'ficials to execute the requisite contract for such work; and rejecting all other bids made to the City For the xvork. BE IT RESOLVED by' the Council of the City of Roanoke as follows: 1. The bid of Cargill, Inc., Salt Division, in the total amount of 544.90 per ton deicing salt, as is more particularly set forth in the City. Manager's report dated November 6, 2000. to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Purchasing Department, be and is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council for the purchase of highway deicing salt from Cargill. Inc., Salt Division, for a cost of $44.90 per ton. 3. Any and all other bids made to the City for the aforesaid work are hereby' REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: City Clerk. H RES OB-DEICING-SALT-I I-6-00 5.a.9. Roanoke City Council Regular Agenda Report November 6, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Purchase of Highway Deicing Salt Bid No. 00-9-29 Background: Highway Deicing Salt is used for snow and ice removal on City streets. The Streets and Traffic Division, through its Snow and Ice Removal account, will purchase the necessary Deicing Salt to have on hand and available for use as needed to address inclement weather problems. Considerations: Four (4) bid responses were received. The lowest bid, submitted by Cargill Salt Co. of North Olmstead, Ohio, is submitted at a cost of $44.90 per ton. The anticipated usage that was bid was 2000 tons. Cargill Salt Co. was the supplier of Deicing Salt for the previous winter season. Cargill Salt Co. also agrees to hold their bid price firm until March 31,2001. Funding is available in account 001-530-4140-2045. Recommendation: Authorize the issuance of a purchase order for 2000 tons of Highway Deicing Salt from Cargill Salt. Co. for a cost of $44.90 per ton. Respectfully submitted, D. Darwin Roupe Bid Committee Report Highway Deicing Salt November 6, 2000 Bid #00-9-29 I concur with the recommendation of the bid committee and recommend it to you for approval. Respectfully submitted, City Manager CC: City Clerk City Attorney Director of Finance Director of Public Works Director of General Services Director of OMB #00-609 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk November 8, 2000 File #70-472 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35125-110600 accepting the bid of KME Fire Apparatus for one new fire pumper with water tower, for the original bid amount of $388,770.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 6, 2000. Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: James D. Grisso, Director of. Finance James Grigsby, Chief, Department of Fire/EMS D. Darwin Roupe, Acting Director, Department of General Services Barry L. Key, Director, Department of Management and Budget N:\CKVC\council00\agenda\Nov\November 6 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of November, 2000. No. 35125-110600. A RESOLUTION accepting the bid of KME Fire Apparatus for one (1) new Fire Pumper with Water Tower, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The bid submitted by KME Fire Apparatus for the purchase of one (1) new Fire Pumper with Water Tower at a cost of $388,770.00 is hereby ACCEPTED. 2. The City's Acting Director of General Services is hereby authorized and directed to issue any required purchase order for the purchase of one (1) new Fire Pumper and Water Tower, and the City Manager is authorized to execute, for and on the behalf of the City, any required purchase agreements with aspect to the aforesaid equipment, such agreements to be in such form as shall be approved by the City Attorney. ATTEST: City Clerk. Roanoke City Council Regular Agenda Report November 6, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Purchase of Fire Pumper with Water Tower 5.a.10. Background: The current year Capital Maintenance and Equipment Replacement Program (CMERP) was presented to City Council at its regular meeting on October 2, 2000. That program includes the replacement of one (1) Fire Pumper/Elevated Water Tower Truck. Funding to provide for this unit is available in Fleet Management vehicular replacement account· Considerations: In March 2000, the City took delivery of a Fire Pumper with Water Tower which was appropriately bid and authorized for purchase by City Council. That unit was awarded to and provided by KME Fire Apparatus of Nesquehoning, Pa. In the original bid, it was requested that the bid price remain firm for a period of time. KME Fire Apparatus quoted their price firm for a period of one (1) year from the time of the delivery of the original unit. We are still within that time frame and recommend accepting this bid for a second unit. Recommended Action: Authorize the purchase of one (1) new Fire Pumper with Water Tower from KME Fire Apparatus for their original bid amount of $388,770.00. Respectfully submitted, · Kiser D. Darwin Roupe Bid Committee Report Fire Pumper with Water Tower November 6, 2000 Page 2 I concur with the recommendation of the bid committee and recommend it to you for approval. CC; City Clerk City Attorney Director of Finance Fire Chief Acting Director of General Services Director OMB Respectfully submitted, , ~'"'~Darlene L. Burdh'am City Manager #00-610 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 lelephone: (540) 853-2541 Fax: {540) 853-I 145 E-maih clerk~ci.roanoke.va.us November 8, 2000 File #5-32-121-472 STEPHANIE M. MOON Deputy City Clerk Wayne E. Williams, Fleet Sales Magic City Motor Corp. P. O. Box 12807 Roanoke, Virginia 24028 Dear Mr. Williams: I am attaching copy of Resolution No. 35126-110600 accepting the bids of Magic City Motor Corp., made to the City for furnishing and delivering trucks and related equipment, in the total amount of $324,138.00, upon certain terms and conditions; and rejecting all other bids made to the City. Quantity and Description Successful Bidder Total Purchase Price 9 - Police Automobiles Magic City Motor Corp. $193,761.00 2 - Sheriff's Automobiles Magic City Motor Corp. $ 43,058.00 3 - Pick-up Trucks Magic City Motor Corp. $ 58,698.00 1 - Utility Vehicle Magic City Motor Corp. $ 28,621.00 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 6, 2000. Mary F. Parker, CMC City Clerk MFP:sm Enc. N:\CKVC\council00\agenda\Nov\November 6 correspondence.wpd WaYne E. Williams November 8, 2000 Page 2 pc: The Honorable George M. McMillan, Sheriff Darlene L. Burcham, City Manager James D. Grisso, Director of Finance George C. Snead, Jr., Assistant City Manager for Community Development A. L. Gaskins, Chief, Department of Police D. Darwin Roupe, Acting Director, Department of General Services N:\CKVC\council00~agenda\Nov\November 6 correspondence.wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke. Virginia 24011-1536 Telephone: {540) 853-2541 Fax: (540) 85%1145 E-maih clerb,;ci.roanoke.va.us November 8, 2000 File #5-32-121-472 STEPHANIE .M. MOON Deputy' City Clerk Ken Spangler, Fleet Manager Berglund Chevrolet 1259 E. Main Street Salem, Virginia 24153 B. Kaplan, Vice-President Dominion Car Co. P. O. Box 12608 Roanoke, Virginia 24027 Gentlemen: I am enclosing copy of Resolution No. 35126-110600 accepting the bids of Magic City Motor Corp., made to the City for furnishing and delivering trucks and related equipment, in the total amount of $324,138.00, upon certain terms and conditions; and rejecting all other bids made to the City. Quantity and Description Successful Bidder Total Purchase Price 9 - Police Automobiles Magic City Motor Corp. $193,761.00 2 - Sheriff's Automobiles Magic City Motor Corp. $ 43,058.00 3 - Pick-up Trucks Magic City Motor Corp. $ 58,698.00 1 - Utility Vehicle Magic City Motor Corp. $ 28,621.00 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 6, 2000. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bids on the abovedescribed equipment. Sincerely, Mary . CMC City Clerk MFP:sm Eric. N:\CKVC\council00\agenda\Nov\November 6 correspondence.wpd 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6ch day of November, 2000. No. 35126-110600. A RESOLUTION accepting bids made to the City for furnishing and delivering trucks and related equipment upon certain terms and conditions; and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bids in writing of the following named bidders to furnish to the City the items hereinafter set out and generally described, such items being more particularly described in the City's specifications and any alternates and in each bidder's proposal, are hereby ACCEPTED, at the purchase price set out with each item: Quantity and Description Successful Bidder Total Purchase Price 9 - Police Automobiles Magic City Motor Corporation $193,761.00 2 - Sheriff's Automobiles Magic City Motor Corporation $ 43,058.00 3 - Pick-up Trucks Magic City Motor Corporation $ 58,698.00 1 - Utility Vehicle Magic City Motor Corporation $ 28,621.00 2. The City's Manager of Purchasing is hereby authorized to issue the requisite purchase orders and related documents therefor, incorporating into said orders the City's specifications, the terms of said bidders' proposals and the terms and provisions of this Resolution. 3. Any and all other bids made to the City for the aforesaid procurement are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: City Clerk. $.a.11. Roanoke City Council Regular Agenda Report November 6, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Purchase of Vehicular Equipment Bid No. 00-10-8 Background: Capital Maintenance and Equipment Replacement Program (CMERP) has identified the need for replacement of nine (9) full size automobiles for police service and three (3) pick-up trucks for Building Services. One (1) utility vehicle for the Water Department is designated in the Water Department operating budget. The City Sheriff has also identified the need to replace two (2) full size automobiles, the same as above for Police Services. These identified units are to replace older units that are experiencing excessive down time and repair cost. Considerations: Three (3) bids were received. The lowest bid, for all of the units bid, was submitted by Magic City Motor Corp. of Roanoke, Virginia. The lowest bids submitted by Magic City Motor Corp. meets all required specifications and are as follows: Nine (9) new full size automobiles for Police at a unit cost of $21,529.00. The extended total cost is $193,761.00. Funds are available in Fleet Management account 017-440-2642-9010. Two (2) new full size automobiles for the Sheriffs office at a unit cost of $21,529.00. The extended total cost is $43,058.00. Funds are available in Sheriffs Department account 001-140-3310-9010. Three (3) new 3/4 ton pick-up trucks for Buildings at a unit cost of $19,566.00. The total extended cost for these units is $58,698.00. Funding is available in Fleet Management account 017-440-2642-9010. One (1) new mid size 4-wheel drive utility vehicle for the Water Department at a cost of $28,621.00. Funds are available in Water Department account 002-510-2178-9010. Bid Committee Report Vehicular Equipment November 6, 2000 Bid # 00-10-8 Page 2 Recommendation: Award the bids as set forth above, authorize the issuance of Purchase Orders for a total cost of $324,138.00 and reject all other bids. Respectfully submitted, I concur with the recommendation of the bid committee and recommend it to you for approval. COZ City Clerk City Attorney Director of Finance Manager, Purchasing Director of OMB #00-611 MARY F. PARKER. CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church .,\venue. S.W.. Room 456 Roanoke. Virginia 2401 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~i7 ci.roanoke.v a.us November 8, 2000 File #5-60-472 STEPHANIE M. MOON Deputy City Clerk Michael L. Oxley, Sales Manager Mobile Vision, Inc. 90 Fanny Road Boonton, New Jersey 07005 Dear Mr. Oxley: I am enclosing copy of Resolution No. 35128-110600 accepting the bid of Mobile Vision, Inc., for 24 in-car video systems, to be used by the City's Police Department, in the amount of $90,216.00, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 6, 2000. Mary F. Parker, CMC City Clerk MFP:sm Enclosure pc: Darlene L. Burcham, City Manager James D. Grisso, Director of Finance George C. Snead, Jr., Assistant City Manager for Community Development A. L. Gaskins, Chief, Department of Police D. Darwin Roupe, Acting Director, Department of General Services N:\CKVC\council00Xagenda\NovLNovember 6 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6~:h day of November, 2000. bio. 35128-110600. A RESOLUTION accepting the bid of Mobile Vision Inc., for twenty-four (24) In-Car Video Systems, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid submitted by Mobile Vision Inc. for the purchase of twenty-four (24) In- Car Video Systems at a cost of $90,216.00 is hereby ACCEPTED. 2. The City's Acting Director of G-eneral .Services is hereby authorized and directed to issue any required purchase order for the purchase of twenty-four (24) In-Car Video Systems, and the City Manager is authorized to execute, for and on the behalf of the City, any required purchase agreements with aspect to the aforesaid equipment, such agreements to be is such form as shall be approved by the City Attorney. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk November 8, 2000 File #5-60-472 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35127-110600 amending and reordaining certain sections of the 2000-2001 General Fund Appropriations, providing for appropriation of $90,216.00, in connection with the purchase of 24 in-car video systems to be used by the Police Department. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 6, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: Darlene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Community Development A. L. Gaskins, Chief, Department of Police D. Darwin Roupe, Acting Director, Department of General Services N:\CKVC\council00\agenda\NovXNovember 6 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of November, 2000. No. 35127-110600. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 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 2000-2001 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A~Dropriations Public Safety $ 44,775,140 Police Patrol (1) ........................................... 9,366,850 Fund Balance Reserved for CMERP - City (2) ................................ $ 3,485,066 1 ) Expendable Equipment (<$5,ooo) 2) Reserved for CMERP - City (001-640-3113-2035) (001-3323) 90,216 (90,216) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. 5.a.12. Roanoke City Council Regular Agenda Report November 6, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Purchase of In-Car Video System Bid No. 00-5-85 Background: Capital Maintenance and Equipment Replacement Program (CMERP) has identified the need to purchase twenty-four (24) In-Car Video Systems to be used by the Police to record traffic stops, pursuits, surveillance situations and for recording calls when officers are out of camera visibility range. Cameras can also be used for videotaping the transportation of prisoners, crime and accident scenes. Considerations: Bids were requested, and only one (1) bid response was received. That response, from Mobile Vision Inc., meets all required specifications for a total cost, for the twenty-four (24) units, of $90,216.00. Recommendation: Award the bid as set forth above and authorize the issuance of Purchase Orders for a total of $90,216.00. Appropriate funds from Capital Maintenance and Equipment Replacement Program to Police Department account 001-640-3113-2035. Respectfully submitted, c D. DarwinRoupe ~ Bid Committee Report In-Car Video System November 6, 2000 Bid # 00-5-85 Page 2 I concur with the recommendation of the bid committee and recommend it to you for approval. Respectfully submitted, Darlene L. Burcha¥fl City Manager CC~ City Clerk City Attorney Director of Finance Manager, Purchasing Director of OMB #00-612 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke. Virginia 2401 I-I 536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail; clcrk.5,'ci.roanoke.va.us November 8, 2000 File #2-178-414 STEPHANIE M. MOON Deputy City Clerk John P. Baker, Executive Director City of Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N. W. Roanoke, Virginia 24017 Dear Mr. Baker: I am enclosing copy of Resolution No. 35129-110600 authorizing execution of Revised Amendment No. 1 to the Greater Gainsboro Redevelopment Area Cooperation Agreement between the City of Roanoke and the Roanoke Redevelopment and Housing Authority, to provide for an increase in funding of $330,000.00, for a total amount of $880,000.00, by the City to the Authority, in connection with the acquisition of additional property necessary to construct a parking garage and surface parking lot, as well as certain site improvements necessary in connection with the opening of the Roanoke Higher Education Center in the Redevelopment Area. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 6, 2000. Mary F. Parker, CMC City Clerk MFP:sm Enclosure pc: Dr. Thomas McKeon, Executive Director, Higher Education Center, 108 N. Jefferson Street, Roanoke, Virginia 24016 Darlene L. Burcham, City Manager James D. Grisso, Director of Finance Elizabeth Neu, Director, Department of Economic Development Philip C. Schirmer, City Engineer Barry L. Key, Director, Department of Management and Budget N:\CKVC\council00\agenda\Nov\November 6 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 2000. No. 35129-110600. A RESOLUTION authorizing execution of Revised Amendment No. 1 to the Greater Gainsboro Redevelopment Area Cooperation Agreement between the City of Roanoke and the Roanoke Redevelopment and Housing Authority, to provide for an increase in funding by the City to the Authority in connection with the acquisition of additional property necessary to construct a parking garage and surface parking lot as well as certain site improvements necessary to serve the Roanoke Higher Education Center in the Redevelopment Area. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, Revised Amendment No. 1 to the Greater Gainsboro Redevelopment Cooperation Agreement, dated May 16, 2000, with the Roanoke Redevelopment and Housing Authority to provide for an increase in funding by the City to the Authority in connection with the acquisition of additional property necessary to construct a parking garage and surface parking lot as well as certain site improvements necessary to serve the Roanoke Higher Education Center in the Redevelopment Area, increasing the amount of funding by $330,000 for a total of $880,000, all in accordance with the recommendation set forth in the report of the City Manager, dated November 6, 2000. H:~ASURES~'-am I togaincoop. 1 2. Revised Amendment No. 1 to the Cooperation Agreement shall be in substantially the same form as that which is attached to the aforementioned City Manager's report, and shall be approved as to form by the City Attorney. ATTEST: City Clerk. H:~MEAS URES~t-am I t ogalncoop. 1 5.a.13. Roanoke City Council Regular Agenda Report November 6, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Revised Amendment One to the Greater Gainsboro Redevelopment Cooperation Agreement between the City of Roanoke and Roanoke Redevelopment and Housing Authority Dated May 16, 2000 Background: At Council's August 7, 2000, meeting, Council authorized execution of an Amendment One to the Greater Gainsboro Redevelopment Cooperation Agreement between the City of Roanoke and the Roanoke Redevelopment and Housing Authority (RRHA). Council approved Amendment One authorizing RRHA to acquire three properties on Wells Avenue for an amount not to exceed $300,000. The properties will be used for the construction of a surface parking lot to serve businesses and visitors to the area. Since that time, the City and RRHA have determined Amendment One needs to be revised to more accurately reflect the scope of the project. (The total request in August was $330,000. Of that amount, $30,000 was approved for infrastructure improvements around the Higher Education Center.) The proposed Amendment One has not been executed. In order to move the project forward, only the properties identified by tax map numbers 2013004 and 2013006 need to be acquired. The attached plat represents the ultimate disposition of these parcels. The properties to be conveyed to the City are identified as Lot 2 and Lot 4 on Attachment 1. RRHA will retain the remaining property. Any savings realized in the acquisition will be returned to the City by RRHA. This revised Amendment One also establishes a new budget for the acquisition of property upon which the public parking garage will be built. Due to legal proceedings in the condemnation case of property located at 25 Shenandoah Avenue, the cost of tax map number 2013605 has increased. Therefore, RRHA has requested that the original contract be amended to include the following: Gainsboro Agreement November 6, 2000 Page 2 Additional funding will need to be appropriated once the amounts are determined. For the parking garage site, the City agrees to provide RRHA a sum up to the amount awarded by the court. Costs will include actual expenses for the removal of petroleum tanks, environmental remediation, testing, legal fees, demolition, site preparation and other acquisition costs including consultants. The City and RRHA agree that the budget amount of $550,000, which was the limit that the City was obligated to pay and previously appropriated, may need to be increased. Considerations: Funding of $330,000 is available in account 008-410-9653, Gainsboro Property Acquisition. Recommended Action(s): City Council approve Revised Amendment One to the Greater Gainsboro Cooperation Agreement between the City of Roanoke and the Roanoke Redevelopment and Housing Authority in the total amount of $880,000. Respectfully submitted, Darlene L. Bu~r~m~ City Manager DLB:mjp Attachments CC: James D. Grisso, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk #00-58 SE~-28-00 1S= 18 FROM: I~OODS ROGERS & HA:ZL£GROVE ID: 5~0 983 7711 PAGE; 2/5 AMEND~T NO. 1 TO GREATER GAINSBORO REDEVELOPMENT AREA COOPERATION AGKEE~T This Amendment No. 1 to the Greater Gairmboro Redevelopment Area Cooperation Agreement is made this day of September, 2000 by and between the City of Roanoke, a municipal corporation of the Commonwealth of Virginia (the "City") and the Roanoke Redevelopment and Housing Authority, a political subdivision of the Commonwealth of Virginia CKRHA"). WITNESSETH WHEREAS, by Agreement dated May 16, 2000 the City and RRHA entered into the Greater Gainsboro Redevelopment Area Cooperation Agreement which they now desire to amend to increase funding for the acquisition of property needed for the eonsmaction of a surface parking lot and development site, such funding to be increased by an additional $300,000.00 for acquisition of two additional parcels and to be increased by the amount of $30,000.00 for temporary site work. NOW, THEREFORE, in consideration of the benefits to accrue to the City and its citizens from the implementation of the Redevelopment Plan for the Gainsboro Community Program Area, and of the mutual covenants set forth in the A~nent~ the City and KKHA agree as follows: 1. The City requests that ~ acquire those two parcels on Wells Avenue as more fially described on Exhibit A attached hereto; and 2. The City hereby appropriates an additional $300,000.00 for the acquisition of said parcels; and 3. The City and RKHA agree that RRHA will use its best efforts to acquire those parcels within the $300,000.00 budget, and if additional funding is required for such acquisition. R~..# CJM: 0T7~36-00O~0-01 S£P-~-00 1S: 19 ~0M:~00DS ~0~£~S ~ HA~L£G~0V£ ID:$40 983 ??11 PA~£ ~/S RRHA will advise the City of the necessity of such additional funding at which time the City will either (i) appropriate the necessary funds to complete the acquisition, or (ii) advise RRHA to cease its acquisition function; and 4. The City hereby appropriates an additional $30,000.00 for temporary site work as set forth on Exhibit A attached hereto; and 5. Exhibits A and B to the Agreement are amended as set forth in the attached amended Exhibits A and B; and 6. The Agreement shall remain unchanged in all other respects. WiTNESS the following signatures and seals as of the day and year first above written. ATTEST: By:. Mary F. Parker, City Clerk WITNESS: By: CITY OF ROANOKE By: Darlene L. Burcham, City Manager ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY By: ~ohn P. Baker, Executive Director CERTIFICATION OF FUNDING Director of Finance APPROVED AS TO FORM: City Attorney APPROVED AS TO EXECUTION: City Attorney RKE# 06~4817.WPD C/M: 07783&.00000.-01 $£P-2B-00 15:19 ~OM:~OOOS ~0G£~S ~ HA~L£G~OU£ ID:540 983 ??11 PA~£ 4/5 EXHIBIT A BUDOET Greater &ainsboro Redevelopment Area Cooperation Agreement Site Acquisition Expenses (including Environmental and Legal Consultants) $550,000 Site Acquisition - (Two (2) parcels on Wells Avenue bearing City of Roanoke Tax Nos. 2013004 and 2013006 $300,000 Temporary Site Work - Area at Roanoke Higher Education Center Total $ 30 000 $g$0,000 RKE# 06648~7,~D 07783600000-01 EXHIBIT B PRO~ECT DESCRIPTION To facilitate the development of the Roanoke Higher Education Center, the Apartment Complex in GOB-South and the proposed RNDC Office Building, the Auzhority will acquire property within the Redevelopment Area identified as official tax map parcels number~ 2013605 and a subdivided portion of 2013606, or such other areas as mutually desigrmted by the CiW and the Authority (the "Site") necessary to construct a parking garage and surface parking lot which will contain 365 spaces (the "PaHdng Facility"). The Parking Facility shall serve the Roanoke Higher Education Center, the Apartment Complex in GOB-South, the proposed RNDC Office Building and general public use including retail. A detailed parking agreement will be developed among these entities and the City of Roanoke governing the use and adminLs'uation of the Parking Facility. The Authority shall acquire the Site, and if necessary so to do, shall implement condemnation proceedings to acquire title ~o such property. The Authority shall convey the Site to the City. The City shall reimburse RRf{A its expeRses in rernediating the site, testing, legal fees, demolition, site preparation and other acquisition costs, including The Authority shall also acquire official tax map parcels numbers 2013004 and 2013006 by the exercise of the power of erainent domain if n. ece~s~ry~ ~~ shall convey those portions of the properties s~o;~ on ~X~hib~t C a~ched hereto as RRHA is able to acquire with the ~currerit'fundifg provided by the City. RRHA shall return any excess funds drawn on the Project Budget to the City. er of the-,5~nd shown ~ ~ffice of th~ Circuit Court of 1555, PG, 1261, DB 1369, PG 622 CITY OF ROANOKE REDEVELOPMENT PG 1184, DB ~568, PG 459, AND HOUSING AUTHORITY TAX ~;201.3001 D.B. 1545 PG. 502 subject ~ ~ ~ (./3 ~,~ CITY OF ROANOKE REDEVELOPMENT ~ AND HOUSING AUTHORITY TAX ~f201.3002 < D.B. 1549 PG. 1715 z ent and in ugh 1 5.2- of the ~l "o those ~ WELLS AVENUE N.W. '01 "E (~) S89'58'45"E .32.06' y, ond State, ;s and has ' ~-88~ I ~ NEyV LINE I · _LOT 2 o - c- 0.563 AC Building Building (:30~ ALLI~Y VACATED SEE OR NO. 34732-04030/0 DATED 4-3-00 ' LOt , 0.9716 AC. --~----7--~ . -F'~ // J I ~ OLD LOT LINES '"HEREBY VACATED -J i/ r/ (T~CAL) iI N89'54' 11 "W 226.51' CENTRE AVE. N.W. RIES) CITY OF ROANOKE REDEVELOF AND HOUSING AUTHORITY TAX tj!2015005 D.B. 1553 PG.1261 CITY OF ROANOKE REDEVELOF AND HOUSING AUTHORITY TAX jt2015004 D.B. PG. CITY OF ROANOKE REDEVELOPIv AND HOUSING AUTHORITY TAX j;2015005 INST. tjt98001174.3 BLUE EAGLE PARTNERSHIP TAX t~2013006 D.B. 1754 PG. 1434 MAGGIE E CUMMINGS TAX #2015007 W.B A1 PG. 40.5 CITY OF ROANOKE REDE~ AND HOUSING AUTHORITY TAX ~2015010 D.B. 1551 PG. 39 CITY OF ROANOKE REDE\ AND HOUSING AUTHORI~ TAX ~201.3011 D.B. 1551 PG. 39 CITY OF ROANOKE REDE AND HOUSING AUTHORIT TAX ~2013016 D.B. 1551 PG. 59 LINE TABLE L1 N80'33'54"E 36.8' L2 N80'33'54"E 32.2; L3 N80'`35'54"E 69.1 0.055 ACRES HEREBY DJ Of ROANOKE FOR STREE UND BOUNDARY COORDINATES COR NORTHING EASTING 1 .5268.89 .3499.77 EXCERPT FI[OI~ ~-][RIRI? "C" JAMES D. GRISSO Director of Finance November 9, 2000 CITY OF,ROA 'KE DEPARTMENT OF 215 Church Avent~d, s.W. P. O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-2940 JESSE A. HALL Deputy Director Honorable William White, Sr., Council Member 3698 Partridge Lane, N.W. Roanoke, VA 24017 Dear Councilman White: On Monday, November 6, 2000, you requested additional information related to the Hotel Roanoke Conference Center fund. You also suggested that future financial reports provide detailed breakout of certain expenses related to the "Commission". Attachment I provides the detail you suggested for future financial reports. Attachment II provides the expenses pertaining to "construction related" repair expenses. The $991,117 represents the total paid to date over the last three and one-half years. As you know, legal proceedings have been initiated to recover this cost. Future financial reports for the Hotel Roanoke Conference Center fund will be provided as indicated on Attachment I. Please contact me if you have questions or additional suggestions. Sincerely, Director of Finance JDG:s Attachments C' Honorable Mayor and Members of City Council Darlene L. Burcham, City Manager ,~am Hackworth, City Attorney M. F. Parker, City Clerk Deborah J. Moses, Director, Hotel Roanoke Conference Center Commission James S. Yancey, Accountant CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 3 MONTHS ENDING SEPTEMBER 30, 2000 Attachment I Operating Revenues Conference Center Total Operating Revenues Operating Expenses Personal Services Fees for Professional Services Administrative Expenses Conference Center Total Operating Expenses Net Operating Income (Loss) Nonoperating Revenues (Expenses) Contributions from City of Roanoke Contributions from Virginia Tech Interest on Investments Rent, Taxes, Insurance, and Other Net Nonoperating Revenues (Expenses) Net Income (Loss) Before Depreciation Depreciation Expense/Replacement Reserve Net Income (Loss) Notes to Financial Statement: (1) (2) FY 2001 COMMISSION (1) CONFERENCE CENTER (2) TOTAL FY 2000 $ 868,532 $ 868,532 $ 611,684 868,532 868,532 611,684 23,753 23,753 219,491 219,491 729 729 668,788 668,788 243,973 668,788 912,761 (243,973) 199,744 (44,229) 43,750 43,750 43,750 43,750 12,656 12,656 (9,430) (9,430) 100,156 (9,430) 90,726 (143,817) 190,314 46,497 113,777 43,426 157,203 ($257,594) $146,888 ($110,706) The column entitled "Commission" represents Commission activity in the City's financial records. The column entitled "Conference Center" represents actual revenue and expenses of the Conference Center, as provided by Doubletree Management. 11,799 102,821 3,639 581,313 699,572 (87,888) 43,750 43,750 12,483 (8,653) 91,330 3,442 153,622 ($150,180) 10 HOTEL ROANOKE CONFERENCE CENTER COMMISSION Schedule of Repair Work As of September 30, 2000 Attachment II Analysis of Hotel Roanoke Conference Center Commission Operating Expenses Operating Expenses Hotel Roanoke Conference Center Repair Expenses TOTAL Fiscal Year 2001 Fiscal Fiscal Fiscal As Of Year Year Year 9130100 2000 1999 1998 $45,951 $55,819 $64,778 $64,367 198,022 609,796 255,813 31,227 To~l $230,915 1,094,858 $243,973 $665,615 $320,591 $95,594 $1,325,773 Prepared by the City of Roanoke's Department of Finance HOTEL ROANOKE CONFERENCE CENTER COMMISSION Schedule of Repair Work As of September 30, 2000 Attachment II Analysis of Hotel Roanoke Conference Center Commission Operating Expenses Operating Expenses Hotel Roanoke Conference Center Repair Expenses TOTAL Fiscal Year 2001 Fiscal Fiscal Fiscal As Of Year Year Year 9130100 2000 1999 1998 $45,951 $55,819 $64,778 $64,367 198,022 609,796 255,813 31,227 To~l $230,915 1,094,858 $243,973 $665,615 $320,591 $95,594 $1,325,773 Prepared by the C~ty of Roanoke's Department of Finance CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk November 8, 2000 File #1-10-247 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: A Financial Report for the month of September 2000, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, November 6, 2000. Council Member White requested that future financial reports contain a break out of line item expenses of the Hotel Roanoke Conference Center Commission. The September Financial Report was received and filed. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm N:\CKVC\council00\agenda\Nov\November 6 correspondence.wpd 5.b.1. Department of Finance City of Roanoke, Virginia November 6, 2000 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance September Financial Report This financial report covers the first three months of the 2000-2001 fiscal year. The following narrative discusses revenues and expenditures to date. REVENUE General Fund revenues reflect an increase of 3.71% or $1,121,000 compared to FY00. Variances in specific categories of revenues are as follows: General Property Taxes are up 6.94% or $1,013,000. The first installment of real estate tax is due on or before October 5. Real estate tax revenue through the end of September has increased over the same period in the prior fiscal year as a result of earlier receipt of payments and increased collection of delinquent taxes. Real estate tax revenues are projected to increase approximately 4% from the prior year. Personal property tax revenue is ahead of both the prior year and the current year budgetary projections, although the majority of this revenue is received in the Spring. Other Local Taxes rose $117,000 or 1.42%. Prepared food and beverage tax revenue is ahead of budget and the prior year. New restaurant openings aid the growth of this local tax. Water utility consumer tax revenue is also up as a result of the rate increase, which was effective January 1, 2000 and the implementation of a new billing system which records revenue on the accrual basis of accounting. These increases are partially offset by a decline in business and occupational license tax. Permits, Fees and Licenses decreased 20.07% or $43,000 due to declines in building inspection and electrical inspection fees. Fines and Forfeitures are up $37,000 or 19.92% due to increased general district court fines and general district court collection fees, resulting from an increased caseload. Revenue from parking tickets also rose. Revenue from Use of Money and Property declined 13.2% or $43,000. The State is billed for use of the Commonwealth Building monthly based on estimated operating and maintenance costs. In August of FY00, the state was billed for the amount that actual costs exceeded estimated costs, producing significantly higher revenue in FY00. No additional amounts were billed in FY01. This decrease is partially offset by an increase in interest income resulting from higher average daily cash balances in the General Fund. Grants-In-Aid Federal increased $8,600 due to a timing difference in the receipt of quarterly FEMA revenue. Honorable Mayor and Members Roanoke City Council November 6, 2000 Page 2 Charges for Services rose $82,000 or 13.03% due to an ~ncrcasc in weed cutting and demolitions charges which is partially offset by a decline in EMS billings. Miscellaneous Revenue is up $63,000 resulting from a timing difference in the sale of surplus property. The fall sale of surplus property is usually conducted later in the year. An increase in the volume of surplus vehicles necessitated an earlier sale in the current fiscal year. Internal Services decreased 13.5% or $36,000. Declines in street maintenance and engineering billings are partially offset by an increase in fire safety airport billings. EXPENDITURES AND ENCUMBRANCES General fund expenditures and encumbrances have increased 3.02% or $1,511,000 since FY00. Variances in individual expenditure categories are discussed as follows: Judicial Administration expenditures are up $159,000 or 12.62%. Juvenile and Domestic Relations Court Services costs to house children detained by the courts have increased fi.om the prior year. Beginning in June, 2000, children detained by the court are housed at the Roanoke Valley Detention Center instead of the City-operated detention home. Expenditures of the City-operated juvenile detention home were reported under the Public Safety category in prior years. Public Works expenditures increased 6.46% or $495,000. Annual paving program expenditures have increased. Solid waste management recycling expenditures are up due to the purchase of approximately 27,000 recycling containers. These increases are partially offset by a decline in personnel and supply costs of the parks and grounds maintenance department. Health and Welfare expenditures declined $262,000 or 5.04% resulting from decreased expenditures under the Comprehensive Services Act (CSA). Due to changes in eligibility requirements, the number of CSA cases has dropped. Managed Health Services is no longer providing utilization monitoring and management services to the City, which also reduces CSA expenditures. Utilization monitoring and management is required by the State but is now being performed by City staff. Transfer to Debt Service Fund is down $859,000 or 12.4% on a year-to-date basis due to decreased principal payments made on the Series 1994 and 1997B General Obligation Bonds. Nondepartmental expenditures increased 82.77% or $1,277,000. Transfers to the Capital Projects Fund increased due to transfers of funding for Greater Gainsboro property acquisition, infrastructure and garage. Funds were also transferred for the new police building and various capital projects. I would be pleased to answer questions which City Council may have regarding the monthly financial statements. Director of Finance JDG/THT Attachments Balance July 1, 2000 Ordinance Number Date CMT 382 07/07/00 34979 08/07/00 CMT 908 09/11/00 CITY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE SEPTEMBER 30, 2000 De_oartment Purchasing Emergency Management Services Memberships and Affiliations Balance September 30, 2000 Purpose Portrait of Dr. Noel C. Taylor Project Impact Virginia Amateur Sports ~20,2~ (4,500) (16,59o) (20,000) $379,154 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Year to Date for the Period Current Fiscal Year Percent of Revised Revenue July 1 - Sept 30 July I - Sept 30 Percentage Revenue Estimate Revenue Source 1999-2000 2000-2001 of Change Estimates Received General Property Taxes $14,607,043 $15,620,133 6.94 % $57,545,438 27.14% Other Local Taxes 8,280,858 8,398,110 1.42 % 55,834,655 15.04% Permits, Fees and Licenses 213,730 170,828 (20.07) % 729,250 23.43% Fines and Forfeitures 187,378 224,699 19.92 % 864,500 25.99% Revenue from Use of Money and Property 327,879 284,597 (13.20) % 1,124,863 25.30% Grants-in-Aid Commonwealth 5,636,504 5,558,377 (1.39) % 61,619,229 9.02% Grants-in-Aid Federal Government 8,589 100.00 % 34,260 25.07% Charges for Services 630,861 713,086 13.03 % 3,634,660 19.62% Miscellaneous Revenue 25,438 88,425 247.61% 346,500 25.52% Internal Services 268,021 231,837 (13.50) % 2,350,111 9.86% Total $30,177,712 $31,298,681 3.71% $184,083,466 17.00% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Exbenditures General Government Judicial Administration Public Safety Public Works Health and Welfare Parks, Recreation and Cultural Community Development Transfer to Debt Service Fund Transfer to School Fund Nondepartmental Total Year to Date for the Period July I - Sept 30 July I - Sept 30 Percentage Unencumbered 1999-2000 2000-2001 of Change Balance $3,117,244 1,256,518 11,280,711 7,664,391 5,193,764 1,346,936 953,048 6,924,352 10,739,804 1,542,469 $50,019,237 $3,054,180 1,415,088 11,523,174 8,159,374 4,931,980 1,383,667 979,457 6,065,611 11,198,858 2,819,207 $51,530,596 Current Fiscal Year Percent of Revised Budget Appropriations Obligated (2.02) % $9,097,809 $12,151,989 25.13% 12.62 % 4,895,583 6,310,671 22.42% 2.15 % 33,161,750 44,684,924 25.79% 6.46 % 15,702,207 23,861,581 34.19% (5.04) % 22,183,167 27,115,147 18.19% 2.73 % 3,179,973 4,563,640 30.32% 2.77 % 2,952,813 3,932,270 24.91% (12.40) % 6,044,188 12,109,799 50.09% 4.27 % 33,446,574 44,645,432 25.08% 82.77 % 4,761,683 7,580,890 37.19% 3.02 % $135,425,747 $186,956,343 27.56% 2 CITY OF ROANOKE, VIRGINIA SCHOOL AND SCHOOL FOOD SERVICE FUNDS STATEMENT OF REVENUE Revenue Source State Sales Tax Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Transfer from General Fund Special Purpose Grants Total Year to Date for the Period July I - Sept 30 1999-2000 $1,489,48~ 7,791,990 56,099 293,936 10,739,804 2,349,063 $22,720,379 Current Fiscal Year Percent of Revised Revenue July 1 - Sept 30 Percentage Revenue Estimate 2000-2001 of Change Estimates Received $1,486,908 0.17 % $9,040,476 16.45% 8,933,705 14.65 % 42,057,082 21.24% 54,694 (2.50) % 2,891,748 1.89% 337,466 14.81 % 3,526,973 9.57% 11,198,858 4.27 % 44,520,432 25.15% 3,137,327 33.56 % 3,148,820 N^ $25,148,958 10.69 % $105,185,531 23.91% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Exoenditures Instruction General Support Transportation Operation and Maintenance of Plant Food Services Facilities Other Uses of Funds Special Purpose Grants Total Year to Date for the Period July 1 - Sept 30 July 1 - Sept 30 Percentage 1999-2000 2000-2001 of Change $11,379,097 796,434 688,978 2,870,996 780,958 1,281,574 4,067,285 3,585,532 $25,450,854 $11,070,852 (2.71) % 984,160 23.57 % 511,698 (25.73) % 2,595,715 (9.59) % 622,967 (20.23) % 569,084 (55.59) % 4,980,812 22.46 % 3,148,820 (12.18) % $24,484,108 (3.80) % Current Fiscal Year Percent of Unencumbered Revised Budget Balance Appropriations Obligated $62,812,155 $73,883,007 14.98% 3,158,458 4,142,618 23.76% 3,139,381 3,651,079 14.01% 7,722,435 10,318,150 25.16% 3,902,304 4,525,271 13.77% 768,248 1,337,332 42.55% 773, 381 5,754,193 86.56% 3,148,820 N^ $82,276,362 $106,760,470 22.93% 3 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF SEPTEMBER 30, 2000 General Government Education Flood Reductio~ Economic Development Community Development Public Safety Recreation Streets and Bridges Sanitation Projects Traffic Engineering Capital Improvement Reserve Total Expenditures Unexpended Outstanding Unobligated Budget To Date Balance Encumbrances Balance $16,348,876 $7,141,171 $9,207,705 $6,749,134 $2,458,571 2,500,000 2,250,000 250,000 250,000 14,239,396 8,143,589 6,095,807 62,262 6,033,545 20,794,551 14,373,786 6,420,765 357,011 6,063,754 3,956,145 1,049,808 2,906,337 664,049 2,242,288 11,658,733 7,326,610 4,332,123 3,265,705 1,066,418 8,501,536 3,941,478 4,560,058 537,236 4,022,822 26,303,594 21,887,550 4,416,044 1,783,310 2,632,734 2,015,011 961,104 1,053,907 607,873 446,034 4,241,660 2,829,491 1,412,169 622,713 789,456 5,649,236 5,649,236 5,649,236 $116,208,738 $69,904,587 $46,304,151 $14,649,293 $31,654,858 CITY OF ROANOKE, VIRGINIA SCHOOL CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF SEPTEMBER 30, 2000 Education Capital Improvement Reserve Total Budget $31,585,697 1,926,271 $33,511,968 Expenditures Unexpended Outstanding Unobligated To Date Balance Encumbrances Balance $28,519,150 $3,066,547 $2,621,479 1,926,271 $28,519,150 $4,992,818 $2,621A79 $445,068 1,926,271 $2,371,339 4 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND COMPARATIVE STATEMENT OF REVENUES FOR THE 3 MONTHS ENDING SEPTEMBER 30, 2000 Interest Revenue: Interest on Bond Proceeds Interest on Idle Working Capital Total Interest Revenue Multi Year Revenues: Intergovernmental Revenue: Federal Government: FEMA - Regional Mitigation Project Commonwealth: Virginia Transportation Museum - ISTEA Total Intergovernmental Revenue Revenue from Third Parties: Verizon - Brambleton Avenue Signals Mill Mountain Visitors Center - Private Donations Norfolk Southern - Hunter Viaduct InSystems Incorporated - Land Sale Total Revenue from Third Parties Other Revenue: Transfers from General Fund Transfers from Water Fund Transfers from Sewage Fund Transfers from Management Services Fund Total Other Revenue Total FY 2001 $499,531 244,432 743,963 230,692 230,692 36,055 1,260 37,315 2,060,246 2,900 12,600 100,000 2,175,746 $3,187,716 $168,829 242,394 411,223 196,046 196,046 950,000 11,000 961,000 860,500 860,500 $2,428,769 5 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 3 MONTHS ENDING SEPTEMBER 30, 2000 Operating Revenues Commercial Sales Domestic Sales Industrial Sales Town of Vinton City of Salem County of Roanoke County of Botetourt County of Bedford Customer Services Charges for Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Interest on Investments Rent Miscellaneous Revenue Interest and Fiscal Charges Transfer from General Fund Transfer to Capital Projects Fund Net Nonoperating Expenses Net Income FY 2001 $967,668 913,290 70,394 3,091 7,742 58,842 2,564 84,155 797,598 2,905,344 1,051,935 729,071 423,174 2,204,180 701,164 114,845 14,372 5,538 (281,639) (2,900) (149,784) $551,380 FY2000 $820,189 750,848 58,868 6,297 134,003 55,844 2,413 155,768 716,407 2,700,637 1,098,693 852,573 427,731 2,378,997 321,640 94,470 16,931 498 (304,745) 25,000 (167,846) $153,794 CITY OF ROANOKE, VIRGINIA SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 3 MONTHS ENDING SEPTEMBER 30, 2000 Operating Revenues FY 2001 FY 2000 Sewage Charges - City Sewage Charges - Roanoke County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services Interfund Services $1,955,929 218,624 60,003 225,536 36,738 99,433 7,055 $1,980 468 181 223 23 776 124 981 24 756 54 977 26 435 Total Operating Revenues 2,603,318 2,416,616 Operating Expenses Personal Services Operating Expenses Depreciation 501,909 500,894 1,301,359 1,261,546 296,825 286,295 Total Operating Expenses 2,100,093 2,048,735 503,225 367,881 Operating Income Nonoperating Revenues (Expenses) Interest on Investments Interest and fiscal charges (1) Miscellaneous Revenue Transfer to Capital Projects Fund 100,406 112,848 (193,634) - 9,942 (12,600) Net Nonoperating Revenues (Expenses) (105,828) 122,790 $397,397 $490~671 Net Income (1) Through Fiscal Year 2000, interest on the 1994 Bonds issued for the Sewage Treatment expansion was capitalized as part of the cost of the project. Because the project is now substantially complete, interest is being expensed. 7 CITY OF ROANOKE, VIRGINIA CiViC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 3 MONTHS ENDING SEPTEMBER 30, 2000 Operating Revenues Rentals Event Expenses Admissions Tax Facility Surcharge Facility Fees Parking Fees Commissions Other Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenues Transfer From General Fund Interest on Investments Miscellaneous Total Nonoperating Revenues Net Loss FY 2001 $68,561 35,690 13,030 19,345 7,030 48,716 9,671 202,043 325,037 293,449 109,310 727,796 (525,753) 7,800 19,297 2,915 30,012 ($495,741) FY2000 $45,056 10,488 2,997 14,509 30,747 8,294 112,091 279,704 193,355 101,902 574,961 (462,870) 14,536 410 14,946 ($447,924) CITY OF ROANOKE, VIRGINIA TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE 3 MONTHS ENDING SEPTEMBER 30, 2000 Operating Revenues Century Station Parking Garage Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Surface Parking Lots Total Operating Revenues Operating Expenses Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Transfer From General Fund Interest on Investments Interest and Fiscal Charges Miscellaneous Net Nonoperating Revenues (Expenses) Net Income FY 2001 $91,434 110,522 53,021 109,609 91,805 17,719 474,110 178,950 136,168 315,118 158,992 130,000 7,160 (130,437) 8,564 15,287 $174,279 FY 2000 $85,501 101,970 50,636 95,122 88,143 18,685 440,057 164,694 136,165 300,859 139,198 2,335 (128,848) 583 (125,930) $13,268 9 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 3 MONTHS ENDING SEPTEMBER 30, 2000 Operating Revenues Conference Center Total Operating Revenues COMMISSION (1) FY 2001 $ $ CONFERENCE CENTER (2) TOTAL 868,532 868,532 868,532 $ 868,532 FY 2000 $ 611,684 611,684 Operating Expenses Commission Conference Center Total Operating Expenses 243,973 243,973 (243,973) 243,973 668,788 668,788 668,788 912,761 199,744 (44,229) 118,259 581,313 699,572 (87,888) Net Operating Income (Loss) Nonoperating Revenues (Expenses) Contributions from City of Roanoke Contributions from Virginia Tech Interest on Investments Rent, Taxes, Insurance, and Other 43,750 43,750 12,656 43,750 43,750 12,656 (9,430) (9,430) (9,430) 90,726 190,314 46,497 43,426 157,203 $146,888 ($110,706) 43,750 43,750 12,483 (8,653) Net Nonoperating Revenues (Expenses) 100,156 91,330 3,442 153,622 ($150,180) Net Income (Loss) Before Depreciation (143,817) Depreciation Expense/Replacement Reserve 113,777 Net Income (Loss) ($257,594) Notes to Financial Statement: (1) The column entitled "Commission" represents Commission activity in the City's financial records. (2) The column entitled "Conference Center" represents actual revenue and expenses of the Conference Center, as provided by Doubletree Management. 10 CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUNDS COMPARATIVE INCOME STATEMENT FOR THE 3 MONTHS ENDING SEPTEMBER 30, 2000 Operating Revenues Charges for Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income (Loss) Nonoperating Revenues (Expenses) interest Revenue Transfer To Other Funds Transfer From Other Funds Net Nonoperating Revenues (Expenses) Net Income (Loss) TOTALS Department of Materials Management Fleet Risk Technology Control Services Management Management FY 2001 FY 2000 $914,474 $53,784 $24,974 $1,280,985 $1,939,970 $4,214,187 $2,989,955 914,474 53,784 24,974 1,280,985 1,939,970 4,214,187 2,989,955 512,544 29,635 7,524 335,173 51,966 936,842 861,045 361,438 4,591 14,535 283,245 2,153,662 2,817,471 2,452,160 76,139 4,590 479,485 560,214 568,845 950,121 34,226 26,649 1,097,903 2,205,628 4,314,527 3,882,050 (35,647) 19,558 (1,675) 183,082 (265,658) (100,340) (892,095) 63,803 68 3,756 12,042 172,328 251,997 211,070 (100,000) - (100,000) - 125,900 63,803 68 (96,244) 12,042 172,328 151,997 336,970 $28,156 $19,626 ($97,919) $195,124 ($93,330) $51,657 ($555,125) 11 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED SEPTEMBER 30, 2000 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED SEPTEMBER 30, 2000. BALANCE AT BALANCE AT BALANCE AT FUND AUG 31, 2000 RECEIPTS DISBURSEMENTS SEPT 30, 2000 SEPT 30, 1999 GENERAL $7,108,356.28 $22,101,062.10 $23,687,076.42 $5,522,341.96 WATER 6,290,587.48 376,432.09 234,509.62 6,432,509.95 SEWAGE 6,407,418.09 1,568,289.18 1,500,244.13 6,475,463.14 CIVIC CENTER 1,075,864.33 86,094.39 246,137.43 915,821.29 TRANSPORTATION 68,879.45 325,538.74 83,685.48 310,732.71 CAPITAL PROJECTS 46,837,419.60 1,687,977.07 2,390,988.90 46,134,407.77 CONFERENCE CENTER 775,565.95 37,610.38 39,892.61 773,283.72 JUVENILE DETENTION 4,187,204.54 320,878.10 411,462.09 4,096,620.55 DEBT SERVICE 7,326,005.33 5,882,983.47 2,387,686.25 10,821,302.55 CITY INFORMATION SYSTEMS 4,278,095.20 119,072.87 267,293.93 4,129,874.14 MATERIALS CONTROL 53,341.68 111,479.72 131,928.91 32,892.49 MANAGEMENT SERVICES 254,119.36 6,717.46 10,727.52 250,109.30 FLEET MANAGEMENT 673,234.20 207,346.79 309,822.68 570,758.31 PAYROLL (11,521,897.75) 12,899,643.34 12,293,653.07 (10,915,907.48) RISK MANAGEMENT 11,348,887.58 551,368.82 493,889.03 11,406,367.37 HIGHER EDUCATION AUTH 0.00 0.00 0.00 0.00 PENSION 1,950,301.83 452,024.81 1,057,942.41 1,344,384.23 SCHOOL FUND 9,291,071.94 5,360,562.72 2,700,345.27 11,951,289.39 SCHOOL CAPITAL PROJECTS (1,422,307.06) 0.00 904,497.23 (2,326,804.29} SCHOOL FOOD SERVICE 11,298.22 50,397.79 289,254.60 (227,558.59) FDETC 27,273.14 271,030.14 176,046.31 122,256.97 GRANT 774,228.25 569,618.54 743,507.26 600,339.53 $3,911,558.17 6,850,505.22 8,605,446.30 954,307.21 (4,877.91)I 33,203,098.46 969,707.57 8,493,961.45 11,552,055.81 4,368,617.68 (36,804.61) 237,212.29 1,660,004.56 (13,001,031.67) 10,485,161.05 7,126,034.69 689,732.58 12,768,611.27 (6,631,711.68 0.00 14,914.61] 332,828.37 i TOTAL $95,794,947.64 $52,986,128.52 $50,360,591.15 $98,420,485.01 $92,549,331.42; CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED SEPTEMBER 30, 2000. THAT SAID FOREGOING: CASH: CASH IN HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: OVERNIGHT INVESTMENT COMMERCIAL HIGH PERFORMANCE MONEY MARKET COMMERCIAL PAPER FEDERAL AGENCY BONDS LOCAL GOVERNMENT INVESTMENT POOL REPURCHASE AGREEMENTS STATE NON-ARBITRAGE PROGRAM (U.S. SECURITIES, COMMERCIAL PAPER) VIRGINIA AIM PROGRAM (U. S. SECURITIES) TOTAL $54,905.23 2,204,313.98 4,145,000.00 13,397,508.81 4,974,605.56 9,984,300.00 15,711,837.54 16,000,000.00 3,686,341.27 28,261,672.62 $98,420,485.01 DATE: OCTOBER 11, 2000 DAVID C. ANDERSON, TREASURER 12 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE THREE MONTHS ENDING SEPTEMBER 30, 2000 Revenue Contributions Investment Income Net Appreciation in Fair Value of Investments Bond Discount Amortization Total Revenue FY 2001 $951,027 962,451 2,595,634 13,932 $4,523,044 FY 2000 $945,762 780,807 (19,062,615) 9,215 ($17,326,831) Exoenses Pension Payments Fees for Professional Services Bond Premium Amortization Administrative Expense City Supplement to Age 65 TotalExpenses Net Gain (Loss) $3,103,782 (1,780) 30,329 6,103 64,713 3,203,147 $1,319,897 (1) $2,815,481 46,720 38,741 2,285 44,202 2,947,429 ($20,274,260) (1) Reversal of accruals made at June 30, 2000. 13 CITY OF ROANOKE PENSION PLAN BALANCE SHEET SEPTEMBER 30, 2000 Assets Cash Investments, at Fair Value Due from Other Funds Other Assets Total Assets Liabilities and Fund Balance- Liabilities: Due to Other Funds Accounts Payable Total Liabilities Fund Balance: Fund Balance, July 1 Net Gain (Loss) - Year to Date Total Fund Balance Total Liabilities and Fund Balance FY 2001 $1,338,199 351,963,016 6,659 5,097 $353,312,971 $1,063,745 184 1,063,929 350,929,145 1,319,897 352,249,042 $353,312,971 FY 2000 $689,693 323,033,579 13,339 18,000 $323,754,611 $954,750 2,104 956,854 343,072,017 (20,274,260) 322,797,757 $323,754,611 14 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk November 8, 2000 File #60-540 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35130-110600 amending and reordaining certain sections of the 2000-2001 Capital Projects Fund Appropriations, amending Ordinance 35061-091800, in connection with funding needs relative to the Riverside Centre for Research and Technology. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 6, 2000. Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: Darlene L. Burcham, City Manager Barry L. Key, Director, Department of Management and Budget Robert K. Bengtson, Director, Public Works Philip C. Schirmer, City Engineer Elizabeth Neu, Director, Economic Development N:\CKVC\council00Xagenda\Nov\Novembcr 6 correspondcnce.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of November, 2000. No. 35130-110600. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Economic Development Riverside Centre for Research and Technology (1-2) ............... General Government Employee Parking (3) ........................................ Revenues $ 20,794,551 227,230 $16,696,517 1,097,641 Sale of Westview Terrace Property (4) ........................... $ 0 Nonoperating $ Transfer from General Fund (5) ................................ 125,110 (125,110) (67,359) (125,110) 57,751 1 ) Appropriated from General Revenue 2) Appropriated from Third Party 3) Appropriated from General Revenue 4) Sale of Westview Terrace Property 5) Transfer from General Fund (008-002-9720-9003) (008-002-9720-9004) (008-056-9698-9003) (008-008-1234-1258) (008-110-1234-1037) 2,996,408 2,880,908 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. JAMES D. GRISSO Director of Finance November 6, 2000 CITY OF ROANOKE DEPARTMENT OF FINANCE, 215 Church Avenue, S.W., Room 461~'' R O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-2940 JESSE A. HALL Deputy Director 5.b.2. The Honorable Ralph K. Smith, Mayor The Honorable William H. Carder, Vice Mayor The Honorable William D. Bestpitch, Council Member The Honorable C. Nelson Harris, Council Member The Honorable W. Alvin Hudson, Jr., Council Member The Honorable William White, Sr., Council Member The Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: On September 18, 2000, City Council adopted budget ordinance 35061 which accompanied a report identifying funding needs relative to the Riverside Centre for Research and Technology. The budget ordinance had been written based on an earlier version of this Council report, and it was erroneous. The report and the adopted ordinance are attached for informational purposes as Attachments A and B. The attached budget ordinance will deappropriate items erroneously adopted on September 18, 2000, and correctly transfer/appropriate funding as called for in the Riverside Centre Council report. City Council's approval is requested. JDG/AHS/pac C: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk Attachment Roanoke City Council Regular Agenda Report September 18, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Riverside Centre for Research and Technology Interchange Justification Report Background: The City of Roanoke will play a key role in developing public infrastructure to support the proposed Riverside Centre for Research and Technology. One important piece of this infrastructure is a new grade separated highway interchange linking the project area to the Roy Webber Expressway (Route 220). Substantial conceptual engineering work has already been completed and has been well received by the Virgin!a Department of Transportation. The next step is to prepare a detailed traffic and engineenng analysis that will justify the proposed interchange and further refine its design characteristics and cost. Considerations: Qualification proposals have been publicly advertised and received. Following interviews of the responding firms, a selection committee composed of the Director of Public Works, the City Engineer and an Economic Development Specialist determined that Wilbur Smith Associates, Inc., 10 East Franklin Street, Richmond, Virginia 22319, is best qualified to prepare the Interchange Justification Report. A contract has been negotiated with Wilbur Smith Associates, Inc. to complete the Interchange Justification Report at a contract amount of $145,162. Additional funding of $14,948 is needed for a project contingency. Funds in the amount of $102,359 are available from Capital Project account number 008-056-9698 and the balance of funds ($57,751) to pay for the report are available in Transfers to Capital Projects account number 001-250-9310-9508. Recommended Action: Approve the contract for the above work and authorize the City Manager to execute a contract, in a form acceptable to the City Attorney, with Wilbur Smith Associates, Inc. in the amount of $145,162. Transfer $102,359 from Capital Project account number 008-056-9698, and transfer $57,751 from Transfers to Capital Projects account number 001-250-9310-9508, for a total of $160,110, to Riverside Centre account number 008-002-9720-9003. Respectfully submitted, "Darlene L. Burcham city Manager DLB/PCS/bls C: Mary F. Parker, City Clerk ~/illiam M. Hackworth, City Attorney ~James D. Grisso, Director of Finance 00-166 ~ttachment B IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of September, 2000. No. 35061-091800. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Economic Development $ 20,794,551 Riverside Centre for Research and Technology (1-2) ..............227,230 General Government Employee Parking (3) $ 16,323,876 ........................................ 1,165,000 Revenues Sale of Westview Terrace Property (4) .......................... $ 1) Appropriated from General Revenue 2) Appropriated from Third Party 3) Appropriated from General Revenue 4) Sale of Westview Terrace Property (008-002-9720-9003) (008-002-9720-9004) (008-056-9698-9003) (008-008-1234-1258) 35,000 125,110 (35,000) 125,110 125,110 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. MARY F. PARKER, CMC CiW Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.~'.. Rootn 456 Roanoke. Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clcrk:,oci.roanoke.va.us November 8, 2000 File #60-207 STEPHANIE M. MOON Deput5 City Clerk John W. Douthat, Vice-President Allegheny Construction Co., Inc. 2830 Nicholas Avenue, N. E. Roanoke, Virginia 24012 Dear Mr. Douthat: I enclosing copy of Ordinance No. 35132-110600 accepting the bid of Allegheny Construction Co., Inc., for providing a 1,230-foot expansion of existing Blue Hills Drive, together with associated utilities and grading, and to complete the grading of three new sites in the Roanoke Centre for Industry and Technology, in the amount of $1,300,883.00, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 6, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure N:\CKVC\council00\agenda\Nov\November 6 correspondence.wpd John W. Douthat November 8, 2000 Page 2 pc~ Darlene L. Burcham, City Manager James D. Grisso, Director of Finance Barry L. Key, Director, Department of Management and Budget D. Darwin Roupe, Acting Director of General Services Philip C. Schirmer, City Engineer Elizabeth Neu, Director, Economic Development N:\CKVC\council00\agendaXNov\November 6 correspondence.wpd MARY F. PARKER, CMC City. Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke, Virginia 2401 I- 1536 lelephone: (540) 853-2541 Fax: (540) 853-1145 E-maih clerk@ci.roanoke.va.us November 8, 2000 File #60-207 STEPHAN1E M. MOON Deputy Cit.,, Clerk Branch Highways, Inc. Jake A. Moore and Sons Excavating, Inc. F. Clayton Plecker, Inc. Thomas Bros. Inc. Simpson Construction Co., Inc. Ladies and Gentlemen: I enclosing copy of Ordinance No. 35132-110600 accepting the bid of Allegheny Construction Co., Inc., for providing a 1,230-foot expansion of existing Blue Hills Drive, together with associated utilities and grading, and to complete the grading of three new sites in the Roanoke Centre for Industry and Technology, in the amount of $1,300,883.00, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 6, 2000. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bids on the abovedescribed project. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure N:\CKVC\council00~agenda\Nov\November 6 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day o£ November, 2000. No. 35132-Ii0600. AN ORDINANCE accepting the bid of Allegheny Construction Company, Inc., for providing a 1230 foot extension of the existing Blue Hills Drive, together with associated utilities and grading, and to finish grading three new sites known as Tracts A, B, and F, in the Roanoke Centre for Industry and Technology, upon certain terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the rexluisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency: BE IT ORDAI2'qED by the Council of the City of Roanoke as follows: 1. The bid of Allegheny Construction Company, Inc., in the amount of $1,300,883.00, for providing a 1230 foot ext~sion of the existing Blue Hills Drive, together with associated utilities and grading, and to finish grading three new sites known as Tracts A, B, and F, in the Roanoke Centre for Industry and Technology, as is more particularly set forth in the City Manager's report dated November 6, 2000, to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered the bidder, which bid is on file in the Purchasing D~artment, be and is here~y ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the r~uisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, the contract to be in such form as is approved by the City Attorney, and the cost of the work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk November 8, 2000 File #60-207 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35131-110600 amending and reordaining certain sections of the 2000-2001 Capital Projects Fund Appropriations, providing for transfer of $1,431,000.00, in connection with a 1,230 foot extension of existing Blue Hills Drive, and completion of grading of three new sites in the Roanoke Centre for Industry and Technology. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 6, 2000. ~/~ a,~, ~, ~~,~~Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: Darlene L. Burcham, City Manager Barry L. Key, Director, Department of Management and Budget D. Darwin Roupe, Acting Director of General Services Philip C. Schirmer, City Engineer Elizabeth Neu, Director, Economic Development N:\CKVC\council00~agenda\Nov\November 6 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 6th day of November, 2000. No. 35131-110600. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as ~ollows, in part: Appropriations Economic Development $ 22,225,551 Roanoke Centre for Industry and Technology Extension (1) .......... 2,352,265 Capital Improvement Reserve $ 4,128,236 Public Improvement Bonds - Series 1999 (2) ..................... 5,865,134 1 ) Appropriated from 1999 Bond Funds 2) Economic Development (008-052-9632-9001) (008-052-9709-9178) $ 1,431,000 (1,431,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke City Council Regular Agenda Report November 6, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Bid Committee Report Roanoke Centre for Industry and Technology Phase III, Blue Hills Drive Extension Grading for Tracts A, B, and F Project No. 6472, Bid No. 00-09-13 ,a, Background: This project will provide for a 1230 foot extension of the existing Blue Hills Drive, together with associated utilities and grading, and to finish grading three new sites in the Roanoke Centre for Industry and Technology. The three sites known as Tracts A, B and F will be approximately 12 acres, 7 acres and 15 acres respectively (see attached map). Considerations: Bids were opened on Tuesday, October 17, 2000, with Allegheny Construction Company, Inc., 2830 Nicholas Avenue, N.E., Roanoke, Virginia 24012, submitting the lowest bid in the amount of $1,300,883.00 for the proposed work. The proposed work is to be completed within 180 days of the Notice to Proceed. Funding is available from the proceeds of Public Improvements Bonds Series 1999 account number 008-052-9709-9178. Recommended Action: Accept the above bid and authorize the City Manager to execute a contract for the above work with Allegheny Construction Company, Inc., in a form acceptable to the City Attorney, in the amount of $1,300,883.00, with a project contingency of $130,117.00, and 180 consecutive calendar days of contract time. Transfer $1,431,000 from Public Improvement Bonds Series 1999 account number 008-052- 9709-9178 to RCIT Infrastructure Extension account number 008-052-9632-9032 to fund the contract and provide a project contingency. Bid Committee Report Roanoke Centre for Industry and Technology Phase III, Blue Hills Drive Extension Grading for Tracts A, B, and F Project No. 6472, Bid No. 00-09-13 November 6, 2000 Page 2 Respectfully Submitted, William H. Carder W. Alvin Hudson Philip C~ Schirmer I concur in the recommendation of the bid committee and recommend it to you for approval. Respectfully submitted, City Manager DLB/PCS/bls Attachments: 2 C~ Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Barry L. Key, Director of Management & Budget D. Darwin Roupe, Acting Director of General Services # 00-187 ATTACHMENT 1 TABULATION OF BIDS ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY PHASE III, BLUE HILLS DRIVE EXTENSION GRADING FOR TRACTS A, B, AND F PROJECT NO. 6472 BID NO. 00-09-13 Bids were opened by D. Darwin Roupe, Acting Director of General Services, on Tuesday, October 17, 2000, at 2:00 p.m. Allegheny Construction Company, Inc. $1,300,883.00 Thomas Bros., Inc. $1,517,742.62 Branch Highways, Inc. $1,574,575.60 Simpson Construction Co., Inc. $2,160,419.13 F. Clayton Plecker, Inc. $2,656,526.05 Jake A. Moore & Sons, Inc. $2,741,103.42 Office of the City Engineer Roanoke, Virginia November 6, 2000 ATTACHMENT 2 ~]ILL~ MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke. Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clcrk~ci.roanokeva.us November 8, 2000 File #68-216-468-514 STEPHANIE M. MOON Deput.x City Clerk Ms. Marsha McNeil Combs 3627 Dogwood Lane, S. W. Roanoke, Virginia 24015 Mr. Samuel P. McNeil, Jr. 2309 Fernbank Drive Charlotte, North Carolina 28226 Dear Ms. Combs and Mr. McNeil: I am enclosing copy of Resolution No. 35133-110600 accepting the donation of an historical marker honoring Samuel P. McNeil, upon installation at the intersection of Colonial Avenue and McNeil Drive, S. W., and expressing appreciation for such donation. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 6, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure pc: The Honorable Jack B. Coulter, P. O. Box 1299, Roanoke, Virginia 24006 Darlene L. Burcham, City Manager Robert K. Bengtson, Director, Department of Public Works Philip C. Schirmer, City Engineer Sarah E. Fitton, Engineering Coordinator NSCK, VCxcouncil00Xagenda\Nov\N0vember 6 correspondence.mpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 2000. No. 35133-110600. A RESOLUTION accepting the donation of the historical marker honoring Samuel P. McNeil, upon its installation at the intersection of Colonial Avenue and McNeil Drive, S.W., and expressing appreciation for such donation. WHEREAS, the family and friends of Samuel P. McNeil has offered to donate and install a historical marker honoring Samuel P. McNeil, at the intersection of Colonial Avenue and McNeil Drive, S.W. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council hereby accepts the donation of the historical marker honoring Samuel P. McNeil, upon its installation at the intersection of Colonial Avenue and McNeil Drive, S.W., in accordance with the recommendation contained in the City Manager's report to City Council dated November 6, 2000. 2. This Council wishes to express its appreciation and that of the citizens of the City of Roanoke to the family and friends of Samuel P. McNeil for their generous offer to the City. 3. The City Clerk is directed to transmit a copy of this resolution to Mrs. Marsha McNeil Combs, Roanoke, Virginia, and Samuel P. McNeil, Jr., of Charlotte, North Carolina, expressing the City's appreciation of this donation. ATTEST: H:kP, ES\R- Historical Marker- McNeil- I O- 18 -00 City Clerk. 6.b. Roanoke City Council Regular Agenda Report November 6, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Acceptance of Historical Marker The attached staff report was considered by the Water Resources Committee at its regular meeting on October 16, 2000. The Committee recommends that Council authorize the City Manager to accept the donation of the historical marker honoring Sam McNeil, after installation, at the intersection of Colonial Avenue and McNeil Drive. Respectfully submitted, Linda F. Wyatt, Chairperson Water Resources Committee LFW:afm Attachments: 1 CC: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Robert K. Bengtson, Director of Public Works Sarah E. Fitton, Engineering Coordinator The Honorable Jack B. Coulter #00-179 Water Resources Committee Regular Agenda Report To: From: Subject: October 16, 2000 Members, Water Resources Committee ,/(~, K~s~r~ Assistant City Manager for Operations thru Darlene L. Burcham, City Manager~f'B ~.~..D. Acceptance of Historical Marker Background: Erection of a historical marker honoring Sam McNeil has been proposed by the Honorable Jack B. Coulter. See Attachment #1. The preferred site is at the intersection of Colonial Avenue and McNeil Drive, within the public right-of-way of the intersection. See Attachment #2 for photo of the proposed site. Former Judge Coulter briefed the Committee at its September meeting. Committee members indicated support. Staff had some concern regarding private interests being allowed to place a sign in the public right-of-way. The City Attorney indicated a compromise might be possible by having the sign installed and donated to the City, with the City accepting the donated and installed sign. Considerations: Accepting the donation of the marker will allow the marker to be erected in a more visible location and the City to maintain control of the right-of-way. Acceptance of the marker does not imply that the City will make any repairs or replace. The exact location of the marker will be determined by the Director of Public Works. The marker will be 2' wide by 3' high and 3/4" thick. It will be mounted on a 3" pipe, which will be no higher than 5', thus the maximum height of the marker will be 8'. See Attachment #3. Recommended Action(s): Authorize the City Manager to accept the donation of the historical marker honoring Sam McNeil, after installation, at the intersection of Colonial Avenue and McNeil Drive. DLB/KBK/SEF Attachment(s): 3 '%, COZ William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator The Honorable Jack B. Coulter H:\USER\COMMON\Council\Fitton\McNeil #00-179 ATTACHMENT P.O. Box 1299 Roanoke, Virginia 24006 August 29, 2000 Mr. Kit Kiser Assistant City Manager for Operations City Manager's Office Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 Re: Request to Appear Before Water Resources Committee To Seek Permission to Encroach on City-Owned Property Dear Kit: Confirming our recent telephone conversation, I am writing to request a time on the agenda for the upcoming meeting of the Water Resources Committee now scheduled, as I have been advised, for Monday, September 18, 2000 at an hour and location to be subsequently determined. My request will be to seek permission by way of an encroachment easement or otherwise to have a sign erected at the northeast corner of the T-shaped intersection of Colonial Avenue and McNeil Drive controlled by traffic lights, across form the Virginia Western Community College and adjacent to Fishbum Elementary School. A photograph of the proposed area, which does not show all of the existing signs, electrical box or fireplug, is enclosed for your immediate reference. More detailed photographs (not yet in existence) will be available at the meeting. It is my understanding that this strip of land is part of the City's right of way and not part of the School Board's property. If the legal ownership of this area could be determined in advance of the Committee meeting, it would be greatly appreciated If further advance information is required, please let me know  gfdially, .  ack B. Coulter ATTACHMENT 2 ATTACHMENT 3 "MCNEIL DRIVE", NAMED IN HONOR OF SAMUEL P. McNEIL, THE LEADING SPONSOR AND FOUNDER OF EDUCATIONAL TELEVISION FOR THE CITY ~OF ROANOKE AND SOUTHWEST VIRGINIA AND WBRA, MR. Mr-.,NEIL SERVED PRESIDENT OF WBRA FOR 25 YEARS FROM ITS BEGINNING !1,1 1966 UNTIL HE RETIRED IN 1992. HE ALSO .SERVED AS CHAIRMAN OF THE ROANOKE CITY SCHOOL BOARD FROM 1970 TO 1978" i P.O.Box 1299 Roan _o~e_, VA. 24006 O~ 16, 2000 The Honorable Linda F. Wyatt . Chairperson Water l~_.sourc, es .Committee Noel C. Taylor Munic~4~al B-uildgng ~" Roanoke, VA. Re: McNeil ~oject Dear Ms. Wyatt On behalf of the McNeil Family and his many friends and supporters, we thank you and your committee for approving the project to honor Mr. McNeil by acc~ep .'.ti~.~ g the~proposed memorial sign to be erected on City property at:...ff~.-~Yatersecfion-of Colonial Avenue and McNeil Drive as a donation to ~ cit~. You went a step further than we asked for which we are grate~ful. Of course, the final approval of the Council remains, but under yours, persuasive powers and the concurrence of your fellow committee members we are hopeful of final acceptance. Ms_._Sarak-Fitton, who has been extremely helpful in developing t~his.-~ advises me that the Committee would like some written under, stand~_..gthatby accepting this donation (and thus becoming its technical legal owner) it must be understood that the City will not be financially responsible if the sign should be damaged or destroyed. As current spokesman for the McNeil Family, I believe that I can assure you that this condition is accepted. Mr. McNeil's daughter (Marsha Combs), who lives in Roanoke, has authorized me to give that assurance. Her brother (Sam McNeil, Jr.) has not yet been contacted but will be before the matter gets to Council. Even so, we would hope that the City would cooperate in obtaining financial recovery from whoever might be responsible for such damage or destruction if it should ever occur. By that I mean as legal titleholder of the sign any such claim would have to be asserted in the name of its owner.~,. I wguld amici~ate no difficulty if such contingency should ~oc~u~_ r~~w4utiglikei~irequire the assistance of the City Attorney in ~_ ~im (that is, only signing any letter on the~McNeil' Again, we thank you:for ~our acceptance of this project. Assuming Council's approv~al, w.e sh~a~ work closely with the City's staff in locating the precise location ~o~4he ~gn and any other professional opinion that they might suggest. Most Fondly, Cc: William M Hackworth, City Attorney .trY F. Parker, City Clerk B. Kiser, Assistant City Manager for Operations Sarah E. Fitton, RealEsta .~fb~A~eat Jesse H. Perdue, Jr. Water~ment Manager Mr. & Mrs. Glen C. Combs Mr. Samuel P M~Neil, Jr.~-~': CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk November 8, 2000 File #2-27-468-514 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35134-110600 providing for acquisition of property rights needed by the City for certain drainage improvements in connection with the Vermont Avenue Drainage Project; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; and authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 6, 2000. Mary F. Parker, CMC City Clerk MFP:sm Attachment pc; James D. Grisso, Director of Finance Cary Lester, Environmental Administrator Robert K. Bengtson, Director, Department of Public Works Philip C. Schirmer, City Engineer Sarah E. Fitton, Engineering Coordinator N:\CKVC\council00Xagenda\Nov\November 6 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 2000. No. 35134-110600. AN ORDINANCE providing for the acquisition of property rights needed by the City for certain drainage improvements in connection with the Vermont Avenue Drainage Project: authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of such property rights by condemnation, un, der certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For certain drainage improvements in connection with the Vermont Avenue Drainage Project, the City wants and needs certain fee simple interests, temporary construction easements, permanent easements, and rights of ingress and egress, licenses or permits, as more specifically set forth in the report and attachments thereto to this Council dated November 6, 2000, on file in the Office of the City Clerk. The owners of the property as identified by the attachments are based on the best information available to the City at this time. The City may acquire the identified interest from the legal owner of the property as determined by a title search. The proper City officials are authorized to acquire for the City from the respective owners the necessary interests and appropriate ancillary rights with respect to the parcels, for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to applicable statutory guidelines. All requisite documents shall be upon form approved by the City Attorney. 2. The City Manager is directed to offer on behalf of the City to the owners of each of the aforesaid parcels, such consideration as deemed appropriate for the necessary interests, provided, however, the total consideration offered or expended, including closing costs, title search fees, appraisal costs, and recordation fees, design and construction costs, shall not exceed $10,000.00 xvithout further authorization of Council. Upon the acceptance of any offer and upon delivery to the City ora deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the respective consideration to the owners of the interest conveyed, certified by the City Attorney to be entitled to the same. 3. Should the City be unable to agree with the owner of any real estate in which an interest in property is required or should any owner be a person under a disability and lacking capacity to convey such interest or should the whereabouts of the owner be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate property rights. 4. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for entry of an order, pursuant to §25-46.8 or {}33.1- 120, et seq, Code of Virginia (1950), as amended, granting to the City the right to enter upon the property for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to drawn and pay into court the sums offered to the respective owners. 5. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. H ORD-GEN~O-LA-Drain-Vermom Ave - I 1-6-00 ,C, Roanoke City Council Regular Agenda Report November 6, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Property Rights Acquisition for Vermont Avenue Drainage Project The attached staff report was considered by the Water Resources Committee at its regular meeting on October 16, 2000. The Committee recommends that Council authorize the City Manager to execute the appropriate documents to accomplish the acquisition of all property rights required for the construction of the project, in a form acceptable to the City Attorney. Said property rights may be acquired following a satisfactory environmental site inspection by negotiation or eminent domain and include fee simple, permanent easements, temporary construction easements, rights-of-way, licenses or permits, etc. Respectfully submitted, Linda F. Wyatt, Chairperson Water Resources Committee LFW:afm Attachments: 1 CC: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Cary Lester, Environmental Administrator Sarah E. Fitton, Engineering Coordinator #00-176 Water Resources Committee Regular Agenda Report October 16, 2000 To: From: Subject: tember~ Water Resources Committee B. Kiser, Director ~Ut~il!ti~~rations thru Darlene L. Burch~Manager PROPERTY RIGHTS ACQUISITION FOR VERMONT AVENUE DRAINAGE PROJECT Background: A drainage problem has existed for over forty years along the 400 block of Vermont Avenue, NW, in the Washington Heights Neighborhood. This problem includes water flowing across private property and flooding a basement during heavy rains. A project has now been designed and the required property rights have been identified. See Attachment 1. Considerations: Authorization is needed to move forward with acquisition of the necessary property rights. See Attachment 2 for a list of the properties affected. Funding of $10,000 for property rights acquisition is available in Miscellaneous Storm Drains, account #008-052-9572. Recommended Action(s): Authorize the City Manager to execute the appropriate documents to accomplish the acquisition of all property rights required for the construction of the project, in a form acceptable to the City Attorney. Said property rights may be acquired following a satisfactory environmental site inspection by negotiation or eminent domain and include fee simple, permanent easements, temporary construction easements, rights-of-way, licenses or permits, etc. DLB/KBK/SEF Attachment(s): 2 CC: William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator (Report Author) H :\USER\COMMON\Council\Fitton\Vermnt-acq #00-176 ATTACHMENT 20 ATTACHMENT 2 Vermont Avenue Drainage Project Tax No. 2760601 2760602 2760603 Property Owner Ronnie H. Bryant, Jr. Paul L. Honaker Jack D. Caldwell Property Rights Easement Easement Fee Simple .MARY F. PARKER. CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke. Virginia 24011-1536 Telephone: {54()) 853-2541 Fax: {540) 853-1145 E-maih clerk,L~ci.roanoke.va.us November 8, 2000 File #514 STEPltANIE M. MOON Deput? City Clerk Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Agee & Kidd 1919 Electric Road, S. W., Suite One Roanoke, Virginia 24018 Dear Mr. Natt: I am enclosing copy of Ordinance No. 35107-110600 permanently vacating, discontinuing and closing a certain alley extending from 10th Street, N. E., to 11th Street, described as Block 7, Fairmount Map, being parallel to and between Georgia Avenue and Connecticut Avenue. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, October 16, 2000, also adopted by the Council on second reading on Monday, November 6, 2000, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enc. pc: Mr. and Mrs. Robert Gillespie, 1602 11th Street, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Robert L. Marmon, 1001 Connecticut Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Timothy Atwood, 1011 Connecticut Avenue, N. E., Roanoke, Virginia 24012 Melvin L. Hill, Chair, City Planning Commission, 2545 Marr Street, N. W., #15F, Roanoke. Virginia 24012 N:\CKVC\council00~agenda\Nov\November 6 correspondence.wpd Edward A. Natt November 8, 2000 Page 2 pc~ Darlene L. Burcham, City Manager Willard N. Claytor, Director, Real Estate Valuation Steven J. Talevi, Assistant City Attorney Philip C. Schirmer, City Engineer Evelyn S. Lander, Director, Department of Planning and Code Enforcement Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission J. Thomas Tasselli, Development Review Coordinator Edward R. Tucker, City Planner N:\CKVC\council00~agenda\Nov\November 6 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 2000. No. 35107-110600. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of- way in the City of Roanoke, Virginia, as more particularly described hereinafter. WHEREAS, Magic City Branch #524 National Association of Letter Carriers filed an application to the Council of the City of Roanoke, Virginia, in accordance with law. requesting the Council to permanently vacate, discontinue and close the public fight-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on October 16, 2000, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That certain alley extending from l0th Street, N. E., to 11th Street, N.E., in Block 7, Fairmount Map, said alley being parallel to and between Georgia Avenue and Connecticut Avenue, N.E., be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the fight-of-way, reserving however, to the City of Roanoke and any utility company, includir/g, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public fight-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-descfibed public fight-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining all properties which would otherwise be 2 landlocked by the requested closure, or other~vise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together ~vith the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FINALLY ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. ATTEST: City Clerk. H:\OR~D-CLOS\O-C-MagicCity Branch- I 0thSt- 1 O- 16-00 Roanoke City Department of Planning -.-. -~ ..; ~ and Code Enforcement ' i-'~'i.' ~ Roam 166, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 ~ ~_~ ~ ~.~0~,,~-2344 (Fax) 853-1230 ?~ --EH-na~? ~lanning@ci.roanoke.va.us Roanoke City Council Regular Agenda Item October 16, 2000 The Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Application of Magic City Branch #524 National Association of Letter Carriers, to permanently vacate, discontinue and close a certain alley as the same extends from 10th Street, N.E., to 11TM Street, N.E., in block 7, Fairmount Map, being parallel to and between Georgia Avenue, N.E., and Connecticut Avenue, N.E. Background: The applicant, Magic City Branch #524 National Association of Letter Carriers, owns and operates a union lodge facility at 1015 Georgia Avenue, N.E. This applicant has also filed a separate application to vacate, discontinue and close a certain 285 foot section of Georgia Avenue, N.E., that extends between block# 6 and block #7, as shown on Map A, as attached to this report. The above-described undeveloped alley as requested for vacation and closure in this application extends from 10th Street, N.E., to 11th Street, N.E., through the center of block #7, and is located approximately 130 feet to the east of this 285 foot section of Georgia Avenue, N.E. The applicant owns all of the properties abutting upon the east side of the alley. The properties abutting upon the west side of the alley are owned by four other individual entities (see attached Map A). There are currently two single-family residences on the west side of the alley at 1001, and 1011, Connecticut Avenue, N.E. This application was reviewed by the Planning Commission at its regular meeting of September 21,2000. No objections or opposition was raised or expressed by any person or persons in attendance at the meeting. Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals Considerations: The land within the right-of-way of this alley has remained in an idle and unproductive state for many years. The City is required to maintain (mow, cut tree limbs, clean up, etc.) undeveloped public rights-of-way of this type. The overall costs for this type of maintenance represents a considerable annual expense to the City If the subject alley is closed and vacated, as requested, title to the lands within the alley right-of-way and all future responsibility for the maintenance of the areas within the alley will be vested in the abutting property owners. All owners of property abutting upon the this alley have been duly notified of the applicant's request for closure and vacation. No objections to the request have been received by the Department of Planning and Code Enforcement, as of the preparation date of this report. City Council is authorized to sell this vacated portion of the right-of-way, if it so chooses. Section 15.-2008 of the Virginia Code (1950), as amended, authorizes a City to require an abutting property owner to purchase as a condition of a right-of-way vacation, a vacated right-of-way. The price, under such an arrangement, may be no greater than the property's fair market value or its contributory value to the abutting property, whichever is greater, or the amount agreed to by the parties. The Water Resources Committee is currently considering a policy for the sale of public right-of-way. It is expected that a recommendation will be forwarded to Council in the near future. Recommendation: The Planning Commission, by a vote of 7-0, recommends that City Council approve the applicant's request to close, discontinue and permanently vacate the described undeveloped public alley, subject to the following conditions: The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Said plat shall combine all properties which would otherwise be landlocked by the requested closure, or otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of the City of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees. The ERT applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. If the above conditions have not been met within a period of one year from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. Respectfully submitted Melvin L. Hill, Chairman Roanoke City Planning Commission Assistant City Attorney Petitioner OSTERHOUDT, FERGUSDN, NATT, AGEE & KIDD ATTORNEYS-AT*LAW ROANOKE, VIRGINIA 2401B-1699 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA ) ) Application of Magic City Branch #524 ) National Association of Letter Carriers ) for vacation of an alley extending fi.om ) l0th Street, N.E. to 11th Street, N.E. ) in Block 7, Fairmount Map ) AMENDED APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF ALLEY Magic City Branch #524 National Association of Letter Carders, by Edward A. Natt, counsel, applies to have an alley extending fi.om 10th Street, N.E. to 11th Street, N.E., in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.2-2006 and Section 30-14, code of the City of Roanoke (1979), as amended. This alley is more particularly described on the map attached hereto and as follows: An alley extending fi.om 10th Street, N.E. to 1 lth Street, N.E., in Block 7, Fairmount Map, City of Roanoke, Virginia; said alley being parallel to and between Georgia Avenue and Connecticut Avenue Magic City Branch #524 National Association of Letter Carders states that the grounds for this application are as follows: 1. The Petitioner owns all of the real estate on one side of the alley. The alley has never been opened. WHEREFORE, Magic City Branch #524 National Association of Letter Careers respectfully requests that the above-described alley be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. G:\UsersXCBaumgardner~Real Estntc~13ranch 524 NALC Amended Vacation-Alley.doe OSTERHOUDT~ERGUSON, NATT, AGEE & ATTORNEYS-AT-LAW ROANOKE, VIRGINIA 24018-1699 Respectfully submitted, MAGIC CITY BRANCH #524 NATIONAL ASSOCIATION OF LETTER CARRIERS Of Counsel Edward A. NaR, Esq. OSTERHOUDT, FERGUSON, NATT, AGEE & KIDD, P.C. 1919 Electric Road, SW, Suite 1 Roanoke, VA 24018 Phone: (540) 774-1197 Fax: (540) 774-0961 VSB #1104 G:\Users'~CBaumgardnerkReal Estate~Branch 524 NALC Amended Vacation-Alley. doc 2 Applicant: Application for vacation of a portion of Georgia Avenue, N.E. from 10~h Street, N.E. in an easterly direction for 285 feet to a point approximately 100 feet from 11th Street, N.E. Magic City Branch #524 National Association of Letter Carders 1015 Georgia Avenue, NiE., Roanoke, VA 24012 Tax Map No. 3061312 3061124 3061112 3061207 3061209 3061210 3061211 3061212 3061222 3061223 ADJOINING PROPERTY OWNERS Owner and Address Rebecca Ann Palmer 1404 Tenth Street, N.E. Roanoke, VA 24012 L. D. and Beulah M. Trent 932 GeorgiaAvenue, N.E. Roanoke, VA 24012 Ellen O. Marsolek 937 Connecticut Avenue, N.E. Roanoke, VA 24012 Robert P. and Bonnie S. Gillispie 1602 Eleventh Street, N.E. Roanoke, VA 24012 G:\Uscrs~CBaumgardn~nMttal Esm.~e~Branch 524 NALC Vacation-Street APO.doc.doc I ALLEY ~ , I , [ , ., AS REQUESTED FOR · Atwood ~.,--1-.-~ I ! I I Marmon I I I ~, ~illispie I - I ;4" 1' I I , ~ I ~ ~ I .t I I,, I I I/,~1 // I /z I '-') I~,,:L, ~ I ~ I ,'~ I// I'/z zz z.~ I 2,1' I I I I i l I I I I I ~ i /~l-//I ;z applicant | I i 'I i I I I I ~F "-I I , , ,[,, I i I ~ol~ I · I I I I _ ! I I ~pplicant ! ! i /.2 MAP A The Roanoke Times Roanoke Virginia Affidavit of Publication ?t~'.06 The Roanoke Times EDWARD A NATT, ATTOR PO BOX 20068 ROANOKE VA 24018 REFERENCE: 80022015 01521989 GA/Connect. Ga./Connect. State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this ~Q-'~-' day of Oc~ber 20007~ Witness~my hand and official seal.Q~~_~_~_~_~ , Notary Public My commission expires ___~C~~f~, ~ PUBLISHED ON: 09/'29 10/06 TOTAL COST: 149.85 FILED ON:'~ ~0/~2~0 / Autn~ize~l Signature NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, October 16, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Governor's School Lecture Hall at Patrick Henry High School, located at 2102 Grandin Road, S.W., on an application to permanently abandon, vacate, discontinue and close, to the extent the City has any legal interest in said public right-of-way, the following public right-of-way: That certain alley extending from l0th Street, N. E., to 11th Street, N.E., in Block 7, Fairmount Map, said alley being parallel to and between Georgia Avenue and Connecticut Avenue, N.E. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 2 7thday of September ,2000. Mary F. Parker, City Clerk. H:\NOTICE\N-Close-MagicCityBranch- 10thSt-PH- I 0-16-00 Publish in the Roanoke Times on Friday, September 29 and Friday, October 6, 2000. Send affidavit to: Mary F. Parker, City Clerk Room 456, Noel C. Taylor Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 Send bill to: Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Agee, & Kidd, PC 1919 Electric Road, Suite One Roanoke, Virginia 24018 H:~Public Hearings 00\October 16.public hearings.wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 6, 2000 File #514 Melvin L. Hill, Chairperson City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 Dear Mr. Hill: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended application received in the City Clerk's Office on August 30, 2000, from Edward A. Natt, Attorney, representing Magic City Branch #524 National Association of Letter Carriers, requesting that an alley extending from 10th Street, N. W., to 11th Street, parallel to and between Georgia Avenue and Connecticut Avenue, described as Block 7, Fairmount Map, be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure M'elvin L. Hill September 6, 2000 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Ferguson, Natt, Agee & Kidd, 1919 Electric Road, S. W., Suite One, Roanoke, Virginia 24018 Willard N. Claytor, Director, Real Estate Valuation Evelyn S. Lander, Director, Department of Planning and Code Enforcement Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner J. Thomas Tasselli, Development Review Coordinator CHARLES H. OSTERHOUDT MICHAELS. FERgUSON EDWARD A. NATT G. STEVEN AGEE MARK D. KIDD KRISTEN KONRAD JOHNSTONE OSTEKHOU DT, LAW OFFICES FEKCU$ON, NATT. A PKOFESSIONAL CORPORATION 1919 ELECTR. IC KOAD. SUITE I P. O. BOX 20068 I~OAN O KE. VI P~GIN IA 24018-0007 August 30, 2000 AGEE Mary Parker, City Clerk 456 Municipal Bldg. 215 Church Avenue, SW Roanoke, VA 24011 Re: Application of Magic City Branch//524 National Association of Letter Carriers for vacation of an alley and a portion of a street Dear Mary: Enclosed please find an Amended Application for Vacating, Discontinuing and Closing of Alley, as well as an amended list of Adjoining Property Owners for vacation of a portion of Georgia Avenue, N.E., relating to the above matters. If you need anything further or have any questions, please give me a call. With best personal regards, I am Very truly yours, OSTERHOUDT, FERGUSON, NATT, AGEE & KIDD, P.C. Edward A. Natt EAN/csb Enclosure pc: Branch 524 NALC P. O. Box 12061 Roanoke, VA 24022 OSTERHGUDT, FERGUSDN, NATT, AGEE & KIDD ATTORNEYS-AT-LAW ROANOKE, VIRGINIA 24018-1699 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Application of Magic City Branch #524 National Association of Letter Carriers for vacation of an alley extending from l0th Street, N.E. to 11th Street, N.E. in Block 7, Fairmount Map AMENDED APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF ALLEY Magic City Branch #524 National Association of Letter Carriers, by Edward A. Natt, counsel, applies to have an alley extending from l0th Street, N.E. to 11th Street, N.E., in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.2-2006 and Section 30-14, code of the City of Roanoke (1979), as amended. This alley is more particularly described on the map attached hereto and as follows: An alley extending from l0th Street, N.E. to 11th Street, N.E., in Block 7, Fairmount Map, City of Roanoke, Virginia; said alley being parallel to and between Georgia Avenue and Connecticut Avenue Magic City Branch #524 National Association of Letter Carriers states that the grounds for this application are as follows: 1. The Petitioner owns all of the real estate on one side of the alley. The alley has never been opened. WHEREFORE, Magic City Branch #524 National Association of Letter Carriers respectfully requests that the above-described alley be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. G:\Users\CBaumgardner\Real Estate\Branch 524 NALC Amended Vacation-Alley.doc DSTERHDUDT, FERGUSON, NATT, AGEE & KIDD ATTORNEYS-AT-LAW ROANOKE, VIRGINIA 24D18-1699 Respectfully submitted, MAGIC CITY BRANCH #524 NATIONAL ASSOCIATION OF LETTER CARRIERS Of Counsel Edward A. Natt, Esq. OSTERHOUDT, FERGUSON, NATT, AGEE & KIDD, P.C. 1919 Electric Road, SW, Suite 1 Roanoke, VA 24018 Phone: (540) 774-1197 Fax: (540) 774-0961 VSB #1104 G:\Users\CBaumgardnerhReal Estate~Branch 524 NALC Amended Vacation-Alley.doc Applicant: Application for vacation of a portion of Georgia Avenue, N.E. fi.om 10th Street, N.E. in an easterly direction for 285 feet to a point approximately 100 feet from 11th Street, N.E. Magic City Branch #524 National Association of Letter Carriers 1015 Georgia Avenue, N.E., Roanoke, VA 24012 Tax Map No. 3061312 3061124 3061112 3061207 3061209 3061210 3061211 3061212 3061222 3061223 ADJOINING PROPERTY OWNERS Owner and Address Rebecca Ann Palmer 1404 Tenth Street, N.E. Roanoke, VA 24012 L. D. and Beulah M. Trent 932 Georgia Avenue, N.E. Roanoke, VA 24012 Ellen O. Marsolek 937 Connecticut Avenue, N.E. Roanoke, VA 24012 Robert P. and Bonnie S. Gillispie 1602 Eleventh Street, N.E. Roanoke, VA 24012 G:\Users\CBaumgardnerkReal Estate\Branch 524 NALC Vacation-Street APO.doc.doc 1 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE CLOSUR~ REQUEST OF: Magic City Branch #524 National Association of Letter Carriers for an ) alley extending between 10t~ and 11th Streets, N.E., Block 7 )AFFIDAVIT COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly swom, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 23rd day of August, 2000, notices of a public hearing to be held on the 21st day of September, 2000, on the closure captioned above to the owner or agent of the parcels listed below at their last known address: Parcel 3061210 3061211 3061212 3061222 3061223 3061209 3061208 3061207 3061201 Owner's Name Robert and Bonnie Gillespie Robert L. and Katherine Marmon 3061203 Timothy and Teresa Atwood 3061213 through 3061221 Petitioner Mailing Address 1602 11th Street, NE Roanoke, VA 24012 1001 Connecticut Avenue, NE Roanoke, VA 24012 1011 Connecticut Avenue, NE Roanoke, VA 24012 c/o Ed Natt, Attomey Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 23rd day of August, 2000. Notary Public ~ My Commission expires: MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24.011-1536 Telephone: (540) 853-2541 Fax: (540) 853~1145 SANDRA H. EAKIN Deputy City Clerk August 28, 2000 File #514 Melvin L. Hill, Chairperson City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 Dear Mr. Hill: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application received in the City Clerk's Office on August 2, 2000, from Edward A. Natt, Attorney, representing Magic City Branch #524 National Association of Letter Carriers, requesting that an alley extending from 10th Street, N. W., to 11th Street, parallel to and between Georgia Avenue and Connecticut Avenue, described as Block 7, Fairmount Map, be permanently vacated, discontinued and closed. Sincerely, Mary ~ CMC ~rker, City Clerk MFP:sm Enclosure Melvin L. Hill August 28, 2000 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Ferguson, Natt, Agee & Kidd, 1919 Electric Road, S. W., Suite One, Roanoke, Virginia 24018 Willard N. Claytor, Director, Real Estate Valuation Evelyn S. Lander, Director, Department of Planning and Code Enforcement Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner J. Thomas Tasselli, Development Review Coordinator :STERHOUDT, FERGUSON, NATT, AG£E & KIDD ATTORNEYS-AT-LAW RDANnKE, VIRBINIA 24D18-1699 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA '00 /~,!.-2 P l :/".0 Application of Magic City Branch #524 National Association of Letter Carriers for vacation of an alley extending from 10th Street, N.W. to 11th Street, N.W. in Block 7, Fairmount Map APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF ALLEY Magic City Branch #524 National Association of Letter Carders, by Edward A. Natt, counsel, applies to have an alley extending from l0th Street, N.W. to 11th Street, N.W., in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.2-2006 and Section 30-14, code of the City of Roanoke (1979), as amended. This alley is more particularly described on the map attached hereto and as follows: An alley extending from l0th Street, N.W. to 11th Street, N.W., in Block 7, Fairmount Map, City of Roanoke, Virginia; said alley being parallel to and between Georgia Avenue and Connecticut Avenue Magic City Branch #524 National Association of Letter Carriers states that the grounds for this application are as follows: 1. The Petitioner owns all of the real estate on one side of the alley. The.alley has never been opened. WHEREFORE, Magic City Branch #524 National Association of Letter Carriers respectfully requests that the above-described alley be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. G:\Users\CBaumgardnerLReal Estam~Branch 524 NALC Vacation-Alley.doc August 1, 2000 I!i il Ilil · ~STERHDUDT, F'EROU50N, NATT, AGEE & KIDD ATTORNEYS-AT-LAW ROANOKE, VIRI~INIA 24018-1699 Respectfully submitted, MAGIC CITY BRANCH #524 NATIONAL ASSOCIATION OF LETTER CARRIERS Of Counsel Edward A. Natt, Esq. OSTERHOUDT, FERGUSON, NATT, AGEE & .KIDD, P.C. 1919 Electric Road, SW, Suite 1 Roanoke, VA 24018 Phone: (540) 774-1197 Fax: (540) 774-0961 VSB #1104 G:\Uscrs\CBaumgardncrXRcal Estatc~Branch 524 NALC Vacation-Alley.doc August 1, 2000 I I I i I I l I I .~ I I ~ I l /~ I //.I_/z I ' I I/(J I :~ i I I $ I I I -I I I 1519- 2.7?8 Applicant: Application for vacation of an alley extending from 10th Street, N.W. to 1 It"Street, N.W. in Block 7, Fairmount Magic City Branch #524 National Association of Letter Careers 1015 Georgia Avenue, N.E., Roanoke, VA 24012 Tax Map No. 3061312 3061124 3061112 3061201 3061203 3061207 3061209 3061210 3061211 3061212 3061222 3061223 ADJOINING PROPERTY OWNERS Owner and Address Rebecca Ann Palmer 1404 Tenth Street, N.E. Roanoke, VA 24012 L. D. and Beulah M. Trent 932 Georgia Avenue, N.E. Roanoke, VA 24012 Ellen O. Marsolek 937 Connecticut Avenue, N.E. Roanoke, VA 24012 Robert Leroy, Jr. and Katherine K. Marmon 1001 Connecticut Avenue, N.E. Roanoke, VA 24012 Timothy D. and Teresa T. Atwood 1011 Connecticut Avenue, N.E. Roanoke, VA 24012 Robert P. and Bonnie S. Gillispie 1602 Eleventh Street, N.E. Roanoke, VA 24012 \\OFNAA01XDATA\Uscrs\CBaumgardncrXReal EstateXBranch 524 NALC Vacation-Alley APO.doc July 20, 2000 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I- ! 536 Telephone: (540) 853-6425 Fax: (540) 853-2027 E-mail: ¢lerk~ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk October 5, 2000 File #514 Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Agee & Kidd 1919 Electric Road, S. W., Suite One Roanoke, Virginia 24018 Dear Mr. Natt: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I haVe advertised a public hearing for Monday, October 16, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Governor's School Lecture Hall, Patrick Henry High School, 2102 Grandin Road, S. W., on the request of Magic City Branch #524 National Association of Letter Carriers that a certain alley extending from 10th Street, N. E., to 11th Street, described as Block 7, Fairmount Map, being parallel to and between Georgia Avenue and Connecticut Avenue, be permanently vacated, discontinued and closed. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance and a report of the City Planning Commission. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 853-2431. Questions with regard to the City Planning Commission report should be directed to the Department of Planning and Code Enforcement at 853-2344. H:\Public Hearings.00\October 16, 2000.wpd Edward A. Natt October 5, 2000 Page 2 It will be necessary for you, or your representative, to be present at the October 16 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Mary F. ', City Clerk MFP:sm Enclosure H:\Public Heanngs. OO\October 16, 2000.wpd MARY F. PARKER, CMC city Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-6425 Fax: (540) 853-2027 E-mail: clcrk~ci.roanokc.va, us STEPHANIE M. MOON Deputy City Cledc October 5, 2000 File #514 Mr. and Mrs. Robert Gillespie Mr. and Mrs. Robert L. Marmon Mr. and Mrs. Timothy Atwood. Ladies and Gentlemen: Pursuant to provisions of. Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, October 16, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Governor's School Lecture Hall, Patrick Henry High School, 2102 Grandin Road, S. W., on the request of Magic City Branch #524 National Association of Letter Carriers that a certain alley extending from 10th Street, N. E., to 11th Street, described as Block 7, Fairmount Map, being parallel to and between Georgia Avenue and Connecticut Avenue, be permanently vacated, discontinued and closed. The City Planning Commission is recommending approval of the abovedescribed request. Please call the City Clerk's Office at 853-2541 if you would like to receive a copy of the report. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning and Code Enforcement at 853-2344. Sincerely, Mary F. City Clerk MFP:sm H:\Public Hearings. OO\October 16, 2000.wpd MARY F. PARKER. CMC City. Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke. Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk;~ci.roanoke.va.us November 8, 2000 File #514 STEPHANIE M. MOON Deputy City Clerk Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Agee & Kidd 1919 Electric Road, S. W., Suite One Roanoke, Virginia 24018 Dear Mr. Natt: I am enclosing copy of Ordinance No. 35108-110600 permanently vacating, discontinuing and closing a portion of Georgia Avenue, N. E., extending in an easterly direction from 10t" Street for a distance of 285 feet to a point approximately 100 feet from the intersection of 11th Street. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, October 16, 2000, also adopted by the Council on second reading on Monday, November 6, 2000, and will be in full force and effect ten days following the date of its second reading. Mary F. Parker, CMC City Clerk MFP:sm Enc. pc: Mr. and Mrs. Robert Gillespie, 1602 11th Street, N. E., Roanoke, Virginia 24012 Melvin L. Hill, Chair, City Planning Commission, 2545 Marr Street, N. W., #15F, Roanoke, Virginia 24012 Darlene L. Burcham, City Manager Willard N. Claytor, Director, Real Estate Valuation Steven J. Talevi, Assistant City Attorney Philip C. Schirmer, City Engineer N:\CKVC\council00~agenda\Nov\November 6 correspondcnce.wpd Edward A. Natt November 8, 2000 Page 2 pc: Evelyn S. Lander, Director, Department of Planning and Code Enforcement Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission J. Thomas Tasselli, Development Review Coordinator Edward R. Tucker, City Planner N:\CKVC\council00~agenda\Nov\November 6 con'espondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 2000. No. '35108-110600. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of- way in the City of Roanoke, Virginia, as more particularly described hereinafter. WHEREAS, Magic City Branch #524 National Association of Letter Carriers filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public tight-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by {}30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public heating on the matter, has made its recommendation to Council; and WHEREAS, a public heating was held on said application by the City Council on October 16, 2000, after due and timely notice thereof as required by {}30-14, Code of the City of Roanoke (1979), as amended, at which heating all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public tight-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That portion of Georgia Avenue, N.E., extending in an easterly direction from 10th Street, N. E., for a distance of 285 feet to a point approximately 100 feet from the intersection of 11th Street, N.E., be, and is hereby permanently vacated, discontinued and closed, and that all fight and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the fight-of-way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, a~td related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such fight to include the fight to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining all properties which would otherwise be 2 landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FINALLY ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. ATTEST: City Clerk. H:\ORD-CLOS\O-C-MagicCityBranch-G¢orgiaAv¢- I 0-16-00 3 ~CHARTERED 1 1882~ Roanoke City Department of Planning ..... and Code Enforcement ~ ! ~! t:.~ i~ . ~-~- Room lbO, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 --~ f~'L'l 'A(~/40) 853-2344 (Fax) 853-1230 _ ~E hnt~11."' planning@ci.roanoke.va.us Roanoke City Council Regular Agenda Item October 16, 2000 The Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Application of Magic City Branch #524 National Association of Letter Carriers, represented by Edward A. Natt, Attorney, requesting that a portion of Georgia Avenue N.E., extending from 10th Street N.E., in an easterly direction for a distance of 285 feet to a point approximately 100 feet from the intersection of 11th Street N.E., be permanently vacated, discontinued and closed. Background: The public street right-of-way of Georgia Avenue, N.E., that extends between 10th Street, N.E., and 11t~ Street, N.E., is only partially developed. The developed (paved) portion of this public street extends in an easterly direction from 10t~ Street, N.E., for a distance of approximately 285 feet to a point of termination at a physical barricade. The remaining section that extends beyond the barricade to 11~ Street, N.E., is undeveloped and overgrown with trees and foliage, etc. The applicant, Magic City Branch #524 National Association of Letter Carriers, owns and operates a union lodge facility at 1015 Georgia Avenue, N.E. The applicant owns all of the properties abutting upon both sides of the portion of Georgia Avenue, N.W., that is being requested for closure and vacation. This developed (paved) portion of public street right-of- way functions primarily as a driveway for this property owner. The remaining portion of the street that is undeveloped is owned by another property owner and is not requested to be closed. The applicant is requesting that this small (approx: 285' ) paved section of Georgia Avenue be closed, discontinued and permanently vacated to allow the owner to control access to the property that surrounds both sides of the subject street section and to prevent the use of this street right-of-way for other purposes. Planning Commission public hearing was held on September 21, 2000. All owners of properties abutting upon the described section of Georgia Avenue N,E., were notified of this application to close and vacate this section of public street. No objections or opposition to this request were raised at the meeting. Mrs. Duerk questioned why closure of the entire Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals right-of-way was not being requested. Mr. Natt advised that his client was only interested in the section adjacent to what they owned. Considerations: This relatively limited section of public street right-of-way provides access and serves the needs of only one property owner, the applicant. The surface of the street section is in poor condition and in need of repair. The City has no current or future plans to utilize this section of right-of-way for public street purposes. This section of Georgia Avenue, N.E., has functioned as a dead-end street for many years. It is highly unlikely that the remaining undeveloped section of this street will be needed or developed at any point in the future. Closure and vacation of the street section will return the land within the vacated street right-of-way to the City's real estate tax rolls. City Council is authorized to sell this vacated portion of the right-of-way, if it so chooses. Section 15.-2008 of the Virginia Code (1950), as amended, authorizes a City to require an abutting property owner to purchase as a condition of a right-of-way vacation, a vacated right-of-way. The price, under such an arrangement, may be no greater than the property's fair market value or its contributory value to the abutting property, whichever is greater, or the amount agreed to by the parties. The Water Resources Committee is currently considering a policy for the sale of public right-of-way. It is expected that a recommendation will be forwarded to Council in the near future. Recommendation: The Planning Commission by a vote of 6-1 (Messrs. Hill, Dowe, Chrisman, Butler, Rife and Manetta voting for the request and Mrs. Duerk voting against the request) recommends that City Council approve the applicant's request to close, discontinue and permanently vacate the described portion of Georgia Avenue, N.W., subject to the following conditions: Ao The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Said plat shall combine all properties which would otherwise be landlocked by the requested closure, or otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right- of-way, including the right of ingress and egress. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of the City of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. If the above conditions have not been met within a period of one year from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. ERT Attachments cc: Assistant City Attorney Petitioner Respectfully submitted Melvin L. Hill, Chairman Roanoke City Planning Commission ~STE:RH[~UDT, F'ER[3USON, NATT. AGE:E: & KIDD ATTrlRNI:'yS-AT-LAW RDANnKIr, VIg(31NIA 24n1B-1&99 IN THE COUNCIL OF THE CITY OF ROANOK.~ VIRGINIA ""'-2 ) ) Application of Magic City Branch ) //524 National Association of Letter ) Carriers for vacation of a portion of ) Georgia Avenue, N.E. fi:om 10th ) Street, N.E. in an easterly direction ) for 285 feet to a point approximately ) 100 feet fi:om 11th Street, N.E. ) APPLICATION FOR VACATING. DISCONTINU'ING AND CLOSING OF A PORTION OF STREET Magic City Branch #524 National Association of Letter Carriers, by Edward A. Natt, counsel, applies to have a portion of Georgia Avenue, N.E. extending from l0th Street, N.E. in an easterly direction.for 285 feet to a point approximately 100 feet fi:om 11th Street, N.E., in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.2-2006 and Section 30-14, code of the City of Roanoke (1979), as amended. This street is more particularly described on the map attached hereto and as follows: That portion of Georgia Avenue, N.E. extending in an easterly direction fi:om 10th Street, N.E. for a distance for 285 feet to a point approximately 100 feet fi:om the intersection of llth Street, N.E. Magic City Branch//524 National Association of Letter Carriers states that the grounds for this application are as follows: 1. The Petitioner owns all of the real estate on both sides of Georgia Avenue. The sole use of this portion of Georgia Avenue is for access to the Petitioner's property. The remaining portion of Georgia Avenue is blocked off at the point at which it is sought to be vacated. The vacation of the street would allow the applicant to control access to its property on both sides of the street and would prevent the use of this property for other purposes. G:\Uscrs~CBaumgardncr~Real E,state~ranch 524 NALC Vacation-Street. doc.doc AUgust 1, 2000 -1ST£RHOUOT, F'ERGUSDN, NA?T, AG£E & KIDD ATTrlRN£YS-AT-/AW ROANOKE, VIRGINIA 24DI8-1699 WHEREFORE, Magic City Branch #524 National Association of Letter Carriers respectfully requests that the above-described street be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. Respectfully submitted, MAGIC CITY BRANCH #524 NATIONAL ASSOCIATION OF LETTER CARRIERS Of Counsel Edward A. Natt, Esq. OSTERHOUDT, FERGUSON, NATT, AGEE & KIDD, P.C. 1919 Electric Road, SW, Suite 1 Roanoke, VA 24018 Phone: (540) 774-1197 Fax: (540) 774-0961 VSB #1104 G:\Users~BnumgaroMerkReal F.~tekBranch 524 NALC Vacation-Street. doc.doc August 1, 2000 I I I I I o1~ I I I I j~ tr I Z TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE CLOSURE REQUEST OF: Magic City Branch #524 National Association of Letter Carriers for a Portion of Georgia Avenue, N.E., COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) ) )AFFIDAVIT The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 23rd day of August, 2000, notices of a public hearing to be held on the 21 st day of September, 2000, on the closure captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner's Name Mailing Address 3061213 thru 3061221 Petitioner Robert and Bonnie Gillespie c/o Ed Natt, Attorney 1602 11th Street, NE Roanoke, VA 24012 Martha Pace Franklin 3061222 3061223 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 23rd day of August, 2000. Notary Public My Commission expires: .~The Roanoke Times Roanoke, Virginia ~_~.~avit of Publication The Roanoke Times EDWARD A NATT, ATTOR PO BOX 20068 ROANOKE VA 24018 REFERENCE: 80022015 GA Avenue 01521970 Georgia Ave. State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. ~ Sworn and subscribed before me this t day of October 2000. Witness my hand and official seal._~~_~=_~_~-- , Notary Public My commission expires~J ~~0N~i~3~, 2~ PUBLISHED ON: 09/29 10/06 TOTAL COST: 149.85 S.W., On Im nlNi(Itlon to per- way, the, following public from the tnterNctk)n of 11th (152197O) NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, October 16, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Governor's School Lecture Hall at Patrick Henry High School, located at 2102 Grandin Road, S.W., on an application to permanently abandon, vacate, discontinue and close, to the extent the City has any legal interest in said public right-of-way, the following public right-of-way: That portion of Georgia Avenue, N.E., extending in an easterly direction from 10th Street, N. E., for a distance of 285 feet to a point approximately 100 feet from the intersection of 11th Street, N.E., A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 2 7thday of September , 2000. Mary F. Parker, City Clerk. H:\NOTICE\N-Close-MagicCityBranch-GeorgiaAve. PH. 10-16-00 Publish in the Roanoke Times on Friday, September 29 and Friday, October 6, 2000. Send affidavit to: Mary F. Parker, City Clerk Room 456, Noel C. Taylor Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 Send bill to: Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Agee, & Kidd, PC 1919 Electric Road, Suite One Roanoke, Virginia 24018 H:~Public Hearings 00\October 16.public hearings.wpd MARY F. PARKER, CMC 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 August 28, 2000 File #514 SANDRA H. EAKIN Deputy City Clerk Melvin L. Hill, Chairperson City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 Dear Mr. Hill: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application received in the City Clerk's Office on August 2, 2000, from Edward A. Natt, Attorney, representing Magic City Branch #524 National Association of Letter Carriers, requesting that a portion of Georgia Avenue, N. E., extending from 10th Street, in an eastedy direction for 285 feet to a point approximately 100 feet from 11th Street, be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure Melvin L. Hill August 28, 2000 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Ferguson, Natt, Agee & Kidd, 1919 Electric Road, S. W., Suite One, Roanoke, Virginia 24018 Willard N. Claytor, Director, Real Estate Valuation Evelyn S. Lander, Director, Department of Planning and Code Enforcement Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner J. Thomas Tasselli, Development Review Coordinator )STERNOUDT, FERGUSON, NATT, AGEE & KIDD ATTORNEYS-AT-LAw ROANOKE, VIRGINIA 24018-1699 IN THE COUNCIL OF THE CITY O,F., ROANOKE. VIRGINIA '00 i2!':. -2 91 ) ) Application of Magic City Branch ) #524 National Association of Letter ) Carders for vacation of a portion of ) Georgia Avenue, N.E. from l0th ) Street, N.E. in an easterly direction ) for 285 feet to a point approximately ) 100 feet from 11th Street, N.E. ) APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF A PORTION OF STREET Magic City Branch #524 National Association of Letter Carriers, by Edward A. Natt, counsel, applies to have a portion of Georgia Avenue, N.E. extending fi:om 10th Street, N.E. in an easterly direction for 285 feet to a point approximately 100 feet from 11th Street, N.E., in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.2-2006 and Section 30-14, code of the City of Roanoke (1979), as amended. This street is more particularly described on the map attached hereto and as follows: That portion of Georgia Avenue, N.E. extending in an easterly direction fi.om 10th Street, N.E. for a distance for 285 feet to a point approximately 100 feet from the intersection of 1 lth Street, N.E. Magic City Branch #524 National Association of Letter Carriers states that the grounds for this application are as follows: 1. The Petitioner owns all of the real estate on both sides of Georgia Avenue. The sole use of this portion of Georgia Avenue is for access to the Petitioner's property. The remaining portion of Georgia Avenue is blocked off at the point at which it is sought to be vacated. The vacation of the street would allow the applicant to control access to its property on both sides of the street and would prevent the use of this property for other purposes. O:\Users\CBaumgardner\Real Estate'~ranch 524 NALC Vacarion-S~eet.doc.doc AUgust 1, 2000 ]STERHOUDT, FERGUSON, NATT, AGEE & KiDD ATTORNEYS-AT-LAW ROANOKE, VlEBINIA 24D16-1699 WHEREFORE, Magic City Branch #524 National Association of Letter Carders respectfully requests that the above-described street be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. Respectfully submitted, MAGIC CITY BRANCH #524 NATIONAL ASSOCIATION OF LETTER CARRIERS Of Counsel Edward A. Natt, Esq. OSTERHOLrDT, FERGUSON, NATT, AGEE & KIDD, P.C. 1919 Electric Road, SW, Suite 1 Roanoke, VA 24018 Phone: (540) 774-1197 Fax: (540) 774-0961 VSB #1104 G:\Uscrs\CBaumgardnerkReal EstatckBranch 524 NALC Vacation-Street.doc.doc August 1, 2000 II :[ii I III I ~ I ! I I ~ I ~ I I ! I I I I I ~ I I I I I I I I I I I NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: ~:I 7 ¥ "' i ~' ':"' 7~ ~: 7 ~' ..7 The Roanoke City Planning Commission will hold a public hearing0~n ~.~L~l)ty, P 3:31 September 21, 2000, 1:30 p.m. or as soon as the matter may be heard, in the Emergency Operations Center Conference Room, first floor, Municipal Building, 215 Church Avenue, S.W., to consider the following: Request from the Magic City Branch #524 National Association of Letter Carders, represented by Edward A. Natt, Attorney, that an alley extending from 10th Street, N.E., to 11th Street, N.E., in Block 7, Fairmount Map, City of Roanoke, Virginia; said alley being parallel to and between Georgia Avenue and Connecticut Avenue, be permanently vacated, discontinued and closed. Request from the Magic City Branch #524 National Association of Letter Carriers, represented by Edward A. Natt, attorney, that a portion of Georgia Avenue, N.E., extending in an easterly direction from l0th Street, N.E., for a distance of 285 feet to a point approximately 100 feet from the intersection of 11th Street, N.E., be permanently vacated, discontinued and closed. A copy of said application is available for review in the Department of Planning and Community Development, Room 166, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please prim in newspaper on Tuesday, September 5, and September 12, 2000 Please bill: Edward A. Natt, Esquire Osterhoudt, Ferguson, Natt, Agee, & Kidd, PC 1919 Electric Road, Suite 1 Roanoke, VA 24018 774-1197 Please send affidavit of publication to: Department of Planning and Community Development Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-6425 Fax: (540) 853-2027 E-mail: clerk~ci.roanoke.va, us STEPHANIE M. MOON Deputy City Cl~k October 5, 2000 File #514 Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Agee & Kidd 1919 Electric Road, S. W., Suite One Roanoke, Virginia 24018 Dear Mr. Natt: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, October 16, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Governor's School Lecture Hall, Patrick Henry High School, 2102 Grandin Road, S. W., on the request of Magic City Branch #524 National Association of Letter Carriers that a portion of Georgia Avenue, N. E., extending in an easterly direction from 10t' Street for a distance of 285 feet to a point approximately 100 feet from the intersection of 11t' Street, be permanently vacated, discontinued and closed. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance and a report of the City Planning Commission. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 853-2431. Questions with regard to the City Planning Commission report should be directed to the Department of Planning and Code Enforcement at 853-2344. H:\Public Hearings.00\October 16, 2000.wpd Edward A. Natt October 5, 2000 Page 2 It will be necessary for you, or your representative, to be present at the October 16 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure H:\Public Hearings. OO~October 16, 2000.wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-6425 Fax: (540) 853-2027 E-mail: clcrk~ci.roanok¢.va.us STEPHANIE M. MOON Deputy city Clerk October 5, 2000 File #514 Mr. and Mrs. Robert Gillespie 1602 11th Street, N. E. Roanoke, Virginia 24012 Dear Mr. and Mrs. Gillespie: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, October 16, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Governor's School Lecture Hall, Patrick Henry High School, 2102 Grandin Road, S. W., on the request of Magic City Branch #524 National Association of Letter Carriers that a portion of Georgia Avenue, N. E., extending in an easterly direction from 10th Street for a distance of 285 feet to a point approximately 100 feet from the intersection of 11th Street, be permanently vacated, discontinued and closed. The City Planning Commission is recommending approval of the abovedescribed request. Please call the City Clerk's Office at 853-2541 if you would like to receive a copy of the report. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning and Code Enforcement at 853-2344. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm H:\Public Hearings.00\October 16, 2000.wpd CHARLES H. OSTERHOUDT MICHAEL S. FER(3USON EDWARD A. NATT G. STEVEN A(~EE MARK D. KIDD KR~StEN KONRAD JOHNSTONE OSTER. HOU DT, LAW OFFICES FEKGLISON. NATT, AGEE A PFLOFESSIONAL COKPOKATION 1910 ELECTR. IC KOAD, SUITE I P. O. BOX 20068 R. OAN OKE. VI R. GIN IA 24OI8-0007 August 1, 2000 KIDD TELEPHONE 540-774-1197 FAX NO. 540-774-0961 HAND-DELIVERED Mary Parker, City Clerk 456 Municipal Bldg. 215 Church Avenue, SW Roanoke, VA 24011 Re: Application of Magic City Branch #524 National Association of Letter Carriers for vacation of an alley extending from 10thStreet, N.W. to 11th Street, N.W. in Block 7, Fairmount Map Application of Magic City Branch #524 National Association of Letter Carriers for vacation of a portion of Georgia Avenue, N.E. from l0th Street, N.E. in an easterly direction for 285 feet to a point approximately 100 feet from 11th Street, N.E. Dear Mary: Enclosed please find the original and one copy of Applications relating to the two above matters together with our firm's check in the amount of $200.00, representing the filing cost of $100.00 for each Application. With best personal regards, I am Very truly yours, OSTERHOUDT, FERGUSON, NATT, AGEE & KIDD, P.C. Edward A. Natt EAN/csb Enclosures pc~ Evelyn S. Lander, AICP Chief Roanoke City Planning Department Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Mr. Bill Booth Branch #524 NALC P. O. Box 12061 Roanoke, VA 24022 OSTERHOUDT, FERGUSON, NATT, ABEE & KIDD ATTORNEYS-AT-LAW ROANOKE, VIRGINIA 24018-1699 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA ) ) Application of Magic City Branch ) #524 National Association of Letter ) Carders for vacation of a portion of ) Georgia Avenue, N.E. from 10th ) Street, N.E. in an easterly direction ) for 285 feet to a point approximately ) 100 feet from 11th Street, N.E. ) APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF A PORTION OF STREET Magic City Branch #524 National Association of Letter Carriers, by Edward A. Natt, counsel, applies to have a portion of Georgia Avenue, N.E. extending from l0th Street, N.E. in an easterly direction for 285 feet to a point approximately 100 feet from 11th Street, N.E., in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.2-2006 and Section 30-14, code of the City of Roanoke (1979), as amended. This street is more particularly described on the map attached hereto and as follows: That portion of Georgia Avenue, N.E. extending in an easterly direction from l0th Street, N.E. for a distance for 285 feet to a point approximately 100 feet from the intersection of 11th Street, N.E. Magic City Branch #524 National Association of Letter Carders states that the grounds for this application are as follows: 1. The Petitioner owns all of the real estate on both sides of Georgia Avenue. The sole use of this portion of Georgia Avenue is for access to the Petitioner's property. The remaining portion of Georgia Avenue is blocked off at the point at which it is sought to be vacated. The vacation of the street would allow the applicant to control access to its property on both sides of the street and would prevent the use of this property for other purposes. G:\Users\CBaumgardner\Real Estate\Branch 524 NALC Vacation-Street.doc.doc 1 August 1, 2000 OSTERHOUDT, FERGUGDN, NATT, AGEE & KIDD ATTORNEYS-AT-LAW RDANOKE, VIRGINIA 24018-1699 WHEREFORE, Magic City Branch #524 National Association of Letter Carriers respectfully requests that the above-described street be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. Respectfully submitted, MAGIC CITY BRANCH #524 NATIONAL ASSOCIATION OF LETTER CARRIERS Of Counsel Edward A. Natt, Esq. OSTERHOUDT, FERGUSON, NATT, AGEE & KIDD, P.C. 1919 Electric Road, SW, Suite 1 Roanoke, VA 24018 Phone: (540) 774-1197 Fax: (540) 774-0961 VSB #1104 G:\Users\CBaumgardner\Real Estate~Branch 524 NALC Vacation-Street.doc.doc August 1, 2000 I I ~ ~ / ~, ~ /~! .... .~ ~. ~__C.2_ ~ I~. I ,'~ I ,~ [, z I ~ I ~ , ~ I I j ~ ~ ~ /~/~ Ij Il ~J ~z~'l "~'"' I ' a ~ ~ / ~1 ~ J ~ I I L t:-~: ~1 I II:~1 [~11 ~ J~~ " ',' ,,, ~~I~ ! ! I ~ ,'.~ > ',/r l,-,,:~l~'~~2', '~7 ')~ ~-'[~~! ~1 /~ [ . J , ~ . . , -- -- '1' ' I I ' o~1 ' I I I I I I I I I I 14~. ~ ~ /~ J /1J_~/Z / J Z'J 3 J ~ 1285.1 6 I7 I I 1.2 ' I ZE ! ~ I I~ Applicant: Application for vacation of a portion of Georgia Avenue, N.E. from 10th Street, N.E. in an easterly direction for 285 feet to a point approximately 100 feet from 11th Street, N.E. Magic City Branch #524 National Association of Letter Carders 1015 Georgia Avenue, N.E., Roanoke, VA 24012 Tax Map No. 3061312 3061124 3061112 ADJOINING PROPERTY OWNERS Owner and Address Rebecca Ann Palmer 1404 Tenth Street, N.E. Roanoke, VA 24012 L. D. and Beulah M. Trent 932 Georgia Avenue, N.E. Roanoke, VA 24012 Ellen O. Marsolek 937 Connecticut Avenue, N.E. Roanoke, VA 24012 G:\Users\CBaumgardner\Real Estate~Branch 524 NALC Vacation-Street APO.doc.doc 1 July 20, 2000 OSTERHDUDT, FERGUSDN, NATT, AGEE & KIDD ATTDRNEYS-AT-LAW ROANDKE, VIRGINIA 24018-1699 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Application of Magic City Branch #524 National Association of Letter Carriers for vacation of an alley extending from l0th Street, N.W. to 11th Street, N.W. in Block 7, Fairmount Map APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF ALLEY Magic City Branch #524 National Association of Letter Carriers, by Edward A. Natt, counsel, applies to have an alley extending from l0th Street, N.W. to 11th Street, N.W., in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.2-2006 and Section 30-14, code of the City of Roanoke (1979), as amended. This alley is more particularly described on the map attached hereto and as follows: An alley extending from l0th Street, N.W. to 11th Street, N.W., in Block 7, Fairmount Map, City of Roanoke, Virginia; said alley being parallel to and between Georgia Avenue and Connecticut Avenue Magic City Branch #524 National Association of Letter Carriers states that the grounds for this application are as follows: 1. The Petitioner owns all of the real estate on one side of the alley. The alley has never been opened. WHEREFORE, Magic City Branch #524 National Association of Letter Carriers respectfully requests that the above-described alley be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. G:\Users\CBaumgardner~Real Estate\Branch 524 NALC Vacation-Alley.doc 1 August 1, 2000 OSTERHOUDT, F£RGUSON, NATT, AGEE & KIDD ATTORNEYS-AT-LAW ROANOKE, VIRGINIA 24018-1699 Respectfully submitted, MAGIC CITY BRANCH #524 NATIONAL ASSOCIATION OF LETTER CARRIERS Of Counsel Edward A. Natt, Esq. OSTERHOUDT, FERGUSON, NATT, AGEE & KIDD, P.C. 1919 Electric Road, SW, Suite 1 Roanoke, VA 24018 Phone: (540) 774-1197 Fax: (540) 774-0961 VSB #1104 G:\Users\CBaumgardner\Real Estate\Branch 524 NALC Vacation-Alley.doc 2 August 1, 2000 1519 £.  0 Applicant: Application for vacation of an alley extending from 10th Street, N.W. to 1 lthStreet, N.W. in Block 7, Fairmount Magic City Branch #524 National Association of Letter Carders 1015 Georgia Avenue, N.E., Roanoke, VA 24012 Tax Map No. 3061312 3061124 3061112 3061201 3061203 3061207 3061209 3061210 3061211 3061212 3061222 3061223 ADJOINING PROPERTY OWNERS Owner and Address Rebecca Ann Palmer 1404 Tenth Street, N.E. Roanoke, VA 24012 L. D. and Beulah M. Trent 932 Georgia Avenue, N.E. Roanoke, VA 24012 Ellen O. Marsolek 937 Connecticut Avenue, N.E. Roanoke, VA 24012 Robert Leroy, Jr. and Katherine K. Marmon 1001 Connecticut Avenue, N.E. Roanoke, VA 24012 Timothy D. and Teresa T. Atwood 1011 Connecticut Avenue, N.E. Roanoke, VA 24012 Robert P. and Bonnie S. Gillispie 1602 Eleventh Street, N.E. Roanoke, VA 24012 \\OFNAA01\DATA\Users\CBaumgardner~Real Estate~Bmnch 524 NALC Vacation-Alley APO.doc July 20, 2000 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke. Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clcrkf,~ci.roanoke.va.us November 8, 2000 File #24-51 STEPHANIE M. MOON Deputy City Clerk Melvin L. Hill, Chair City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 Dear Mr. Hill: I am enclosing copy of Ordinance No. 35109-110600 amending Section 36.1-693, Notice of hearing, of Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, to clarify notice requirements. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, October 16, 2000, also adopted by the Council on second reading on Monday, November 6, 2000, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure pc: Mr. Matt Pritts, President, Greater Raleigh Court Civic League, P. O. Box 3092 Roanoke, Virginia 24015 Mr. Robert N. Richert, 415 Allison Avenue, S. W., Roanoke, Virginia 24016 Ms. Evelyn Bethel, President, Historic Gainsboro, 35 Patton Avenue, N. E., Roanoke, Virginia 24016 Ms. Evelyn Pullen, President, Grayson Beautification Council, 1530 Grayson Avenue, N. W., Roanoke, Virginia 24017 The Honorable Diane McQ. Strickland, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia N:\CKVC\councilOO~agenda\Nov\November 6 correspondence.wpd Melvin L. Hill November 8, 2000 Page 2 pc~ The Honorable The Honorable Virginia The Honorable Virginia The Honorable Virginia The Honorable The Honorable The Honorable The Honorable The Honorable Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Julian H. Raney, Jr., Chief Judge, General District Court George W. Harris, Jr., Judge, General District Court Vincent A. Lilley, Judge, General District Court William D. Broadhurst, Judge, General District Court Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court The Honorable Sherman A. Holland, Commissioner of the Revenue Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court Patsy A. Bussey, Clerk, Juvenile and Domestic Relations District Court Peggy B. Stewart, Office of the Magistrate Copy Transmitted Electronically to Municipal Code Corporation Darlene L. Burcham, City Manager Willard N. Claytor, Director, Real Estate Valuation Steven J. Talevi, Assistant City Attorney Philip C. Schirmer, City Engineer Evelyn S. Lander, Director, Department of Planning and Code Enforcement Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission J. Thomas Tasselli, Development Review Coordinator Edward R. Tucker, City Planner N:\CKVC\council00\agenda\Nov\November 6 correspondence.wpd IN THE COU.rNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 2000. No. 35109-110600. AN ORDINANCE amending {}36.1-693, Notice of hearing, of Chapter 36. l, Zoning, of the Code of the City of Roanoke (1979), as amended, to clarify notice requirements. BE IT ORDAINED by the Council of the City of Roanoke that §36.1-693, Notice of hearing, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, be, and is hereby, amended and reordained to read and provide as follows: Sec. 36.1-693. Notice of hearing. Prior to conducting any public hearing required by this chapter before the city council or the planning commission, notice shall be given as required by section 15.2-2204, Code of Virginia (1950), as amended, and in the case of hearings before the city council, in conformance with any additional requirements of section 62 of the Charter. The expense of advertising shall be borne by the applicant. Any affidavits required by section 15.2-2204, Code of Virginia (1950), as amended, shall be filed with the city clerk. In addition, when a proposed amendment affects the district classification of twenty-five (25) or fewer parcels, the zoning administrator shall erect a sign on each of such parcels, at least ten (10) days prior to the public hearing before the planning commission, indicating the nature of the change proposed, the identification of the property or properties affected, and the time, date and place of such hearing. When a proposed amendment affects the district classification of more than twenty-five (25) parcels, the zoning administrator shall erect at least one sign on each comer of each block on which any of the affected properties lies, at least ten (10) days prior to the public hearing before the planning commission, indicating the nature of the change proposed, the identification of the property or properties affected, and the time, date and place of such hearing. ATTEST: H:'/O RD-CA\OCA -NoticeRequircrnen~- 10-16-00 City Clerk. Roanoke City Department of Planning ..... ,, ~ and Code Enforcement ~ --! ! ~ IReem 166, Muncpa Budng 215 Church Avenue, S.W. Roanoke, Virginia 24011 ,~. ~ (~,~:~2344 (Fax) 853-1230 ;-:~ flE~ail.~ I~'hltng@ci.roanoke.va.us Roanoke City Council Regular Agenda Report October 16, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Members of Council' Subject: Zoning Ordinance Amendment Notice of Planning Commission Hearing Background: A massive rezoning of over 1,100 properties in Greater Raleigh Court was undertaken by the Planning Commission in December, 1999, which required the individual posting of each property that was proposed for rezoning. This posting, or notice of hearing for the Planning Commission, was required by the City's zoning ordinance, but such posting is not required by state law, and is in addition to the individual mailing notice to property owners and legal advertising requirements (two ads) that are required by State law. This posting activity in Greater Raleigh Court required several days work for approximately 15 city staff in preparing and placing notices on the subject properties. Future rezonings of similar size may occur in the future to correct zoning and land use patterns in accordance with prepared neighborhood plans. In an effort to modify this labor intensive effort to one that is easier to implement, the Planning Commission considered a request to amend the zoning ordinance. On February 22, 2000, several posting alternatives were shared with 28 City neighborhood leaders in the form of a letter requesting comments. Staff received two comments from leaders: one leader (Evelyn Bethel - Historic Gainsboro) advocated the alternative that required posting of 25 properties or less and posting any higher number at intersections; the other leader (Bill Bestpitch - Old Southwest) advocated posting of all properties, regardless of the number. The matter was also discussed at a President's Council meeting in March, 2000, and received general support from those in attendance for the change that allowed posting at intersections for rezoning of more than 25 properties. Planning Commission public hearing on the matter was held on April 19, 2000. Two alternatives were considered: (1) eliminate the posting provision entirely or (2) require the Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals individual posting of properties, if they were twenty-five or less in number, and the posting of notices at street intersections of the affected block(s) if greater that twenty-five properties were affected. Mr. Robert Richert, 415 Allison Avenue, S. W., addressed the Commission and requested that all properties be posted for Planning Commission hearings, regardless of the number. He advised that citizens often complained that they didn't know of government's actions, and this was one way to encourage sharing of information. There was further discussion by the Commission members, and it was noted that there were many opportunities to share information with affected citizens prior to hearings, including mailings, newspaper announcements, legal ads, neighborhood newsletters, meeting flyers, etc. and that typically city staff used a variety of methods to ensure broad public knowledge of Planning Commission activities. By a vote of 7-0, the Planning Commission recommended that City Council approve a zoning ordinance amendment, similar to the attached proposed amendment, for the posting of properties for Planning Commission public hearings. City Council held a public hearing on May 15, 2000. At the Council hearing, it was noted that neighborhoods may not have had a true opportunity to comment on the amendment because the Planning Commission had considered an amendment which was revised to incorporate neighborhood comments received, but the amendment was different from the initial letter that was mailed to neighborhood organizations. It was recommended that additional neighborhood comments be requested. Consequently, the matter was referred back to the Planning Commission for a second public hearing. On July 24, 2000, a second letter was mailed to 28 neighborhood organizations for additional review and comment. Planning staff received two comments on the proposed amendment. Grayson Beautification Council advised that the amendment was agreeable to them - posting all properties when the number is greater than 25 is not necessary. The Greater Raleigh Court Civic League advised that for those properties over 25, the posting of the intersections should be sufficient, given that an individual letter is sent to each property owner and two legal advertisements are done. On September 21,2000, the Planning Commission held a second public hearing on the matter. Planning staff presented the request and recommended approval of the amendment. No citizens spoke in favor of or opposed to the amendment, however, the comments received from the two neighborhood organizations were noted. Recommendation: The Planning Commission, by a vote of 7-0, recommended that City Council approve the proposed ordinance amendment. This revised provision will continue to provide for posting of properties for public hearings before the Planning Commission. If there are 25 or fewer properties involved, each property would be posted; however, if there are more than 25 properties, signs would be posted at street intersections, at least one per the affected block (s), notifying the public of the hearing. These notices are in addition to written notification to all affected property 2 owners and two legal advertisements, as required by state law. Respectfully submitted, Melvin L. Hill, Chairman Roanoke City Planning Commission Attachment CC: City Manager City Attorney Assistant City Attorney Assistant City Manager for Community Development 3 The Roanoke Times Roanoke, Virginia '00 ~?~ ~.f~davit of Publication ,~,~ 13 ? · The Roanoke Times ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 01522049 NOTICE OF PUBLIC HE State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this ~fi~_ day of Oct~ber,.~~ ,., ~ ,~2000'~Witness my hand and official seal.__~~__~_~_~_~ ......... Notary Public My commission expires~~0~i~~' ~/~'' . PUBLISHED ON: 09/29 10/06 TOTAL COST: 173.16 A~t~ri~d Signature NOllCE OF PUBUC HEARING TO ~IHO~ IT Miry COflCB~N: (~), m day, ~ :~8, ~04X), mt 7:00 fl-II at plKn~c Hefi~ HI~ din IImKI, S.W., in o4rdm' to C~on- s~dmw m mm~e~dmmm mind r~m'~- (2979), m m~encled. The proi)o~ed &mendment Roanoke (2979), noUflc:Mion of the owne~ of mm ~ In 'mnte~met may (2522O49) NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of § 15.2-2204, Code of Virginia (1950), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, October 16, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Governor's School Lecture Hall at Patrick Henry High School, located at 2102 Grandin Road, 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 sections of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended: §36.1-693, Notice of hearing, to provide for certain forms of notification of the owners of property which is subject to a rezoning. 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 2 Tchday of Sep~cember ,2000. Mary F. Parker, City Clerk. H:XNOTICE\N-Z-NoticcRequire- 10-16-00 Publish in the Roanoke Times on Friday, September 29 and Friday, October 6, 2000. Send bill and affidavit to: Mary F. Parker, City Clerk Room 456, Noel C. Taylor Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 H:~Pub[ic Hearings 00\October 16.public hearings wpd MARY F. PARKER, CMC city Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-6425 Fax: (540) 853-2027 E-mail: clerk(~ci.roanoke.va, us October 5, 2000 File #51 STEPHANIE M. MOON Deputy City Cle*k ~r. James Armstrong ,-'/Mr. Robert N. Richert ~'lVIs. Evelyn Bethel .~-Grayson Beautification Council ~" Greater Raleigh Court Civic League Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, October 16, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Governor's School Lecture Hall, Patrick Henry High School, 2102 Grandin Road, S. W., on the request of the City of Roanoke to amend Section 36.1-693, Notice of hearing, to Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to provide for certain forms of notification to owners of property that is subject to rezoning. The City Planning Commission is recommending approval of a revised provision which will continue to provide for posting of properties' for public hearings before the Planning Commission. If there are 25 or fewer properties involved, each property would be posted; however, if there are more than 25 properties, signs would be posted at street intersections, at least one per the affected block(s) notifying the public of the hearing. These notices are in addition to written notification to all affected property owners and two legal advertisements, as required by state law. Please call the City Clerk's Office at 853- 2541 if you would like to receive a copy of the report. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning and Code Enforcement at 853-2344. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm H:\Public Hearings.00\October 16, 2000.wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk November 8, 2000 File #51 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35110-110600 permanently vacating, discontinuing and closing a certain 25' by 85' portion of First Street, N. W., approximately 43' from the intersection of First Street and Shenandoah Avenue as the same extends between Shenandoah Avenue and Centre Avenue. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, October 16, 2000, also adopted by the Council on second reading on Monday, November 6, 2000, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: John P. Baker, Executive Director, Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Melvin L. Hill, Chair, City Planning Commission, 2545 Marr Street, N. W., #15F, Roanoke, Virginia 24012 Willard N. Claytor, Director, Real Estate Valuation Steven J. Talevi, Assistant City Attorney N:\CKVC\council00~agenda\Nov\November 6 correspondence.wpd Darlene L. Burcham November 8, 2000 Page 2 pc~ Philip C. Schirmer, City Engineer Evelyn S. Lander, Director, Department of Planning and Code Enforcement Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission J. Thomas Tasselli, Development Review Coordinator Edward R. Tucker, City Planner N:\CKVC\council00\agenda\Nov\November 6 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 2000. No. 35110-110600. AN ORDINANCE permanently vacating, discontinuing and closing certain public tight-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. WHEREAS, City of Roanoke filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public tight-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public heating on the matter, has made its recommendation to Council; and WHEREAS, a public heating was held on said application by the City Council on October 16, 2000, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which heating all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public tight-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public tight-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public fight-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That certain 25' by 85' portion of First Street, N.W., approximately 43' from the intersection of First Street, N.W., and Shenandoah Avenue, N.W., as the same extends between Shenandoah Avenue, N.W., and Centre Avenue, N.W., be, and is hereby permanently vacated, discontinued and closed, and that all fight and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public fight-of-way, together with the fight of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such fight to include the fight to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FINALLY ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. ATTEST: City Clerk. 3 H:\ORD-CLOS\O-C-City-First-Centre-Shen- 10-16-00 Roanoke City Department of Planning ~ and Code Enforcement Room 166, Municipal Building 215 Church Avenue, S.W. ~!~ Roanoke, Virginia 24011 (540) 853-2344 (Fax) 853-1230 Email: planning@ci.roanoke.va.us Roanoke City Council Regular Agenda Report October 16, 2000 The Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Application of the City of Roanoke to permanently vacate, discontinue and close a certain portion of First Street N.W., between Centre Avenue and Shenandoah Avenue N.W. Background: During the past twelve months the City of Roanoke and the Roanoke Redevelopment and Housing Authority (RRHA) has filed several applications to close and vacate certain sections of public street and alley rights-of-way in the Greater Gainsboro Community. These street and alley closure and vacations were part of a long range planning process of the City to effect certain specific improvements in the Greater Gainsboro Area. On July 20, 2000, the Planning Commission reviewed and concurred with a staff report recommending that the City's request to alter by barricade, First Street N.W., between Shenandoah Avenue and Centre Avenue N.W., be approved. City Council subsequently adopted an ordinance on August 21,2000, officially altering by barricade, the described section of First Street N.W. Closure of this section of First Street N.W., to vehicular traffic was a necessary and essential step in providing for the redesign and conversion of this street right-of-way for future use as a pedestrian plaza. This application is a request to permanently vacate a smaller area of the public right-of-way that lies within the described section of First Street N.W., that was previously altered by barricade and closed to vehicular traffic. The area to be permanently vacated is shown and described on the map attached to the applicant's petition. Planning Commission public hearing was held on September 21, 2000. Some Planning Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals Commission members expressed concern as to the impact of the proposed parking garage on the streetscape and general view between the street and the proposed pedestrian plaza. Phil Schirmer, City Engineer, presented several plans illustrating the westerly end of the proposed garage. He explained that the garage was to extend approximately ten feet into the right-of-way and would be located at the existing curb line of the street rather than behind the existing sidewalk, resulting in approximately five feet encroachment into the viewshed. He further explained that the intent was to line up pedestrian traffic with the entrance to the garage and the plaza. He advised that the closure area requested was actually larger than what was to be built upon. Mrs. Duerk requested that consideration be given to allowing bicycle access across the First Street bridge and plaza. Considerations: The purpose of this street vacation is to provide a small but necessary area of additional land for the future construction of a projecting or overlapping part of a proposed parking garage that will be located on the easterly side of the proposed pedestrian plaza. This street vacation will facilitate the needs of certain phased development activities within the Greater Gainsboro Redevelopment Area, and is consistent with the intent of the City's Comprehensive Plan which encourages economic development opportunities in the downtown and its environs. Recommendation The Planning Commission, by a vote of 6-1 (Mrs. Duerk voting against the motion), recommends that City Council approve the applicant's request to permanently vacate, discontinue and close the described portion of First Street N.W., subject to the following conditions: That the land within the vacated right-of-way of the described portion of First Street, N.W., shall upon vacation, be sold to the adjacent property owner, the Roanoke Redevelopment and Housing Authority, for one dollar ($1.00) and other good and valuable consideration. The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Said plat shall combine all properties which would otherwise be landlocked by the requested closure, or otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. Co Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of the City of Roanoke, Virginia, indexing the same in the name of the 2 City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. If the above conditions have not been met within a period of one year from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary Respectfully submitted, ERT CC: Assistant City Attorney Melvin L. Hill, Chairman Roanoke City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: APPLICATION OF THE CITY OF ) ROANOKE FOR CLOSING A PORTION) OF THE RIGHT-OF-WAY OF FIRST ) STREET, NW ) APPLICATION FOR VACATING, DISCONTINUING, AND CLOSING A PUBLIC STREET TO THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL: (1) The City of Roanoke ("Petitioner") applies to have a portion of public right-of-way at First Street, NW, between Centre Avenue, NW, and Shenandoah Avenue, NW, permanently vacated, discontinued and closed, pursuant to Sections 15.2-2006, and 15.2- 2008, Code of Virginia, (1950), as amended, and Section 30-14, Code of the City of Roanoke (1979), as amended. This portion of public right-of-way is more particularly described on the attached map (Exhibit A) and as follows: The section of the right-of-way to be vacated is a rectangular portion along the eastern boundary of First Street, NW. The area will be more accurately defined on a plat of survey to be required as a condition of closure. (2) The Roanoke Redevelopment and Housing Authority owns Official Tax Nos. 2013601, adjacent property to the northeast. Closure is required as part of the Greater Gainsboro Redevelopment Area Project. Petitioner requests that a portion of the subject right- of-way be closed and sold to the adjacent property owner, the Roanoke Redevelopment and Housing Authority, for One Dollar ($1.00) and other good and valuable consideration. Closure of this street right-of-way will have no adverse effect on any property or owner. A variable width portion of public right-of-way on First Street, NVV, between Centre Avenue, NVV, and Shenandoah Avenue, NVV, was recently altered by barricade to restrict vehicular traffic. (3) A list of the property owners whose lots border or abut the subject street is attached as' Exhibit B. VVHEREFORE, the City of Roanoke respectfully requests that the above-described right- of-way be permanently vacated, discontinued, and closed, by the Council of the City of Roanoke in accordance with Sections 15.2-2006, and 15.2-2008, Code of Virginia, (1950), as amended, and Section 30-14, Code of the City of Roanoke (1979), as amended. Date: ~'/././j~ 0 Respectfully submitted, ~ City Manager I :\WPDOC S~Gai ns/~oro'~PLANCOM $. PET 2 Exhibit "A" AVENUE 2014.201 2013O11 20~ J$0.¢ SHENANDOAH 201 ~,~.12 2013013 2013014 CENTRE ~ 2013605 1010301 TO BE PERMANENTLY VACATED, DISCONTINUED AND CLOSED, CLOSED TO VEHICUL'AR TRAFFIC. Exhibit "B' LIS:i' OF ADJACENT PROPERTY OWNERS Owner Roanoke Redevelopment & Housing Authority 2624 Salem Turnpike, NW Roanoke, VA 24017 Tax Number 2013601 John N. Lampros 1902 Cantle Lane, SW Roanoke, VA 24018 2013605 Roanoke Times ~' Roanoke, Virginia ~,~davit of Publication The Roanoke Times ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 Shen/Centre 01521949 25' x 85' State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this !J-J~-- day of O~ber 20:0~ Witness my hand and official seal-~_ ~~__~__~~.' ~ ' ....... , Notary Public u, mil~ 312001 ~y commission e×~ires lt~jC0mml~0nExp UR, , PUBLISHED ON: 09/'29 10/06 TOTAL COST: 153.18 NO1]CE OF PUBIJC HEARING TO ~ ff MAY CONCEal: 16, 2000, 8t 7.'*00 p.m., Ol' W~ S.W.. m mn .pplle~lon to p~r- Int~ m md way, the following public NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, October 16, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Governor's School Lecture Hall at Patrick Henry High School, located at 2102 Grandin Road, S.W., on an application to permanently abandon, vacate, discontinue and close, to the extent the City has any legal interest in said public right-of-way, the following public right-of-way: That certain 25' by 85' portion of First Street, N.W., approximately 43' from the intersection of First Street, N.W., and Shenandoah Avenue, N.W., as the same extends between Shenandoah Avenue, N.W., and Centre Avenue, N.W. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 2_7_thday of .qop'l-omho,- , 2000. Mary F. Parker, City Clerk. H:\NOTICE~N-Close-First-Shen-Centre-PH- 10-16-00 Publish in the Roanoke Times on Friday, September 29 and Friday, October 6, 2000. Send bill and affidavit to: Mary F. Parker, City Clerk Room 456, Noel C. Taylor Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 H:\Public Hearings 00\October 16.public hearings.wpd NOTICE OF PUBLIC HEARING BEFORE THE RO~~ .~ITY PLANNING TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold'~pul~tl~ l~ilari1~g36it ~rhursday, September 21, 2000, 1:30 p.m. or as soon as the matter may be heard, in the Emergency Operations Center Conference Room, first floor, Municipal Building, 215 Church Avenue, S.W., to consider the following: 1. Request from the City of Roanoke that a portion of public right-of-way at First Street, N.W., between Centre Avenue, N.W., and Shenandoah Avenue, N.W., be permanently vacated, discontinued and closed. 2. Proposed amendment of Section 36.1-25, Definitions, Article II, construction of language and definitions; and Section 36.1-445. Additional sign regulations of Article IV, Supplementary Regulations, Code of the City of Roanoke (1979), as amended. 3. Proposed amendment of Section 36.1-693, Notice of hearing, of Article VII. Administration, Code of the City of Roanoke (1979), as amended. A copy of said application is available for review in the Department of Planning and Community Development, Room 166, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please print in newspaper on Tuesday, September 5, and September 12, 2000 Please bill and send affidavit of publication to: Department of Planning and Community Development Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 12, 2000 File #514 Melvin L. Hill, Chairperson City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 Dear Mr. Hill: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application received in the City Clerk's Office on September 12, 2000, from the City of Roanoke, requesting that a portion of right-of-way at First Street, N. W., between Centre Avenue and Shenandoah Avenue be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure H:~Rezoning and Streets O0~Fimt Street wp~l 'Melvin L. Hill September 12, 2000 Page 2 pc~ The Honorable Mayor and Members of the Roanoke City Council Darlene L. Burcham, City Manager Willard N. Claytor, Director, Real Estate Valuation Evelyn S. Lander, Director, Department of Planning and Code Enforcement Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner J. Thomas Tasselli, Development Review Coordinator H:~Rezoning and Stree{$ O0~irst Street wpd '00 :::~' i2 P1 ::'() IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: APPLICATION OF THE CITY OF ) ROANOKE FOR CLOSING A PORTION) OF THE RIGHT-OF-WAY OF FIRST ) STREET, NW ) APPLICATION FOR VACATING, DISCONTINUING, AND CLOSING A PUBLIC STREET TO THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL: (1) The City of Roanoke ("Petitioner") applies to have a portion of public right-of-way at First Street, NW, between Centre Avenue, NW, and Shenandoah Avenue, NW, permanently vacated, discontinued and closed, pursuant to Sections 15.2-2006, and 15.2- 2008, Code of Virginia, (1950), as amended, and Section 30-14, Code of the City of Roanoke (1979), as amended. This portion of public right-of-way is more particularly described on the attached map (Exhibit A) and as follows: The section of the right-of-way to be vacated is a rectangular portion along the eastern boundary of First Street, NW. The area will be more accurately defined on a plat of survey to be required as a condition of closure. (2) The Roanoke Redevelopment and Housing Authority owns Official Tax Nos. 2013601, adjacent property to the northeast. Closure is required as part of the Greater Gainsboro Redevelopment Area Project. Petitioner requests that a portion of the subject right- of-way be closed and sold to the adjacent property owner, the Roanoke Redevelopment and Housing Authority, for One Dollar ($1.00) and other good and valuable consideration. Closure of this street right-of-way will have no adverse effect on any property or owner. A variable width portion of public right-of-way on First Street, NW, between Centre Avenue, NW, and Shenandoah Avenue, NW, was recently altered by barricade to restrict vehicular traffic. (3) A list of the property owners whose lots border or abut the subject street is attached as Exhibit B. VVHEREFORE, the City of Roanoke respectfully requests that the above-described right- of-way be permanently vacated, discontinued, and closed, by the Council of the City of Roanoke in accordance with Sections 15.2-2006, and 15.2-2008, Code of Virginia, (1950), as amended, and Section 30-14, Code of the City of Roanoke (1979), as amended. Date: ~/.///~0 Respectfully submitted, City Manager I:\WPDOC S\Gainsboro~PLANCOM5.PET 2 2o~9~8 Exhibit "A" 2013010 2013011 2013012 2013013 2 013014 CENTR AVENUE 2014.201 SHENANDOAH E 1 Ol 0301 TO BE PERMANENTLY VACATED, AND CLOSED, CLOSED TO VEHICUbAR TRAFFIC, DISCONTINUED Exhibit "B" LIST OF ADJACENT PROPERTY OWNERS Owner Roanoke Redevelopment & Housing Authority 2624 Salem Turnpike, NW Roanoke, VA 24017 Tax Number 2013601 John N. Lampros 1902 Cantle Lane, SW Roanoke, VA 24018 2013605 MARY F. PARKER, CMC Cit~ Cl~k CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-6425 Fax: (540) 853-2027 E-mail: clerk~ci.roanoke.va, us October 5, 2000' File #51 STEPHANIE M. MOON Depul~ City Clerk John P. Baker Executive Director Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N. W. Roanoke, Virginia 24017 Dear Mr. Baker: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, October 16, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Governor's School Lecture Hall, Patrick Henry High School, 2102 Grandin Road, S. W., on the request of the City of Roanoke that a certain 25' by 85' portion of First Street, N. W., approximately 43' from the intersection of First Street and Shenandoah Avenue as the same extends between Shenandoah Avenue and Centre Avenue, be permanently vacated, discontinued and closed. The City Planning Commission is recommending approval of the abovedescribed request. Please call the City Clerk's Office at 853-2541 if you would like to receive a copy of the report. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning and Code Enforcement at 853-2344. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm H:\Public Hearings.00~October 16, 2000 wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke. Virginia 2401 I-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clcrk,,~ci.roanoke.va.us November 8, 2000 File ¢f.4.4-166-373-468 STEPHANIE M. MOON Deputy City Clerk Mr. Richard B. Jeter Mr. Ned B. Jeter 181 Blue Ridge Boulevard, N. W. Roanoke, Virginia 24012 Gentlemen: I am enclosing copy of Ordinance No. 35111-110600 authorizing the proper City officials to enter into a lease agreement between the City and Richard B. and Ned B. Jeter, for use of a 7.4!-acre tract of land for agricultural purposes, for a five-year period, at an annual rental of $10.00 per acre, per year, effective April 20, 2000, and upon such other terms and conditions as deemed appropriate as more particularly set forth in a report of the Water ReSources Committee under date of October 16, 2000. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, October 16, 2000, also adopted bythe Council on second reading on Monday, November 6, 2000, and will be in full force and effect ten days following the date of its second reading. Sincerely, ~,,~~ Mary F. Parker, CMC City Clerk MFP:sm Enclosure pc: Darlene L. Burcham, City Manager James D. Grisso, Director of Finance Philip C. Schirmer, City Engineer Sarah E. Fitton, Engineering Coordinator N:\CKVC\council00~agenda\NovxNovember 6 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 2000. No. 35111-110600. AN ORDINANCE authorizing the proper City officials to enter into a lease agreement between the City and Richard B. Jeter and Ned B. Jeter, for use of a 7.41-acre tract of land for agricultural purposes, upon certain terms and conditions. WHEREAS, a public hearing was held on October 16, 2000 pursuant to § § 15.2-1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said conveyance. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, the appropriate lease agreement with Richard B. Jeter and Ned B. Jeter, for the lease of a 7.41-acre tract of land located near the former City Nursing Home at Coyner Springs for agricultural purposes, for a five (5) year period, effective April 20, 2000, at an annual rental of $10.00 per acre per year, and upon such other terms and conditions as are deemed appropriate and as more particularly set forth in the report to this Council dated October 16, 2000. ATTEST: City Clerk. H:\ORD-GEN~0-L-Jeter-CoynerSprings(5yrs)-10-16-00 Roanoke City Council Regular Agenda Report October 2, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Lease of City Property - Coyner Springs The attached staff report was considered by the Water Resources Committee at its regular meeting on September 18, 2000. The Committee recommends that Council authorize the City Manager to advertise a public hearing and, lacking any comments to the contrary, authorize the execution of an appropriate document to lease for a five year term the above City-owned property. Respectfully submitted, Linda F. Wyatt, Chairperson Water Resources Committee LFW:afm Attachments: 1 CC: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator Ned B. Jeter, 181 Blue Ridge Blvd., Roanoke, VA 24012 #00-367 Water Resources Committee Regular Agenda Report September 18, 2000 To: ,lylembers, Water Reso..q4ces CqlmFfi._tte~ From: thru Darle~;/~lJJ~ia .r!~, City Manager ~ Kit B. Kiser, Dire~c!o.,f~f'~ities & Operations Subject: Lease of t~'ity Property - Coyner Springs Background: Property located northwest of the former City Nursing Home at Coyner Springs has been leased for agricultural purposes to several individuals since the early 1970's. Through the years the City has reduced the size of the leased tract, which is now approximately 7.41 acres. See Attachment 1 for map of area. The current lease with Richard B. and Ned B. Jeter has expired. The Jeters, who have leased this tract since April 20, 1982, have requested that they be granted a five-year lease under essentially the same terms as their previous lease. See Attachment 2. Considerations: Farming of the tract serves the primary purpose of keeping it cleared and eliminating the need for City forces to keep it cleared and mowed. Lease rate is Ten Dollars ($10) per acre per year. Lessee will be required to maintain fencing as necessary and assume all liability for damage to and by their actions or actions of their livestock, machinery, equipment, employees, and guests. Liability insurance to be provided by Lessee shall be as specified in Attachment 3. Recommended Action(s): Authorize the City Manager to advertise a public hearing and, lacking any comments to the contrary, authorize the execution of an appropriate document to lease for a five- year term the above City-owned property. DLB/KBK/SEF Attachment(s): 3 CC: William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator H:\USER\COMMON\CounciI\Fitton\JETER.WPD #00-367 ATTACHMENT 1 g ,,, ATTACHMENT 2 RICHARD B. JETER 181 Blue Ridge Blvd. Roanoke, VA 24012 977-5314 August 2, 2000 Sarah E. Fitton Engineering Coordinator Room 350, Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Dear Ms. Fitton: This letter is to advise you that we intend to continue leasing the 7.41 acres of land at Coyner Springs. We would like to request that we be able to lease the property for a term of five years. Please advise us if this is acceptable to you. Thank you for your consideration in this matter. Sincerely, Ned B. Jeter ATTACHMENT 3 INSURANCE REQUIREMENTS FOR AGRICULTURAL LEASES Lessee shall obtain liability insurance coverage with respect to claims arising out of the subject matter of this agreement. The amount of such insurance shall not be less than: A. General aggregate $1,000,000 B. Products - Completed/Operations Aggregate $1,000,000 C. Personal and Advertising Injury $1,000,000 D. Each Occurrence $1,000,000 Above amounts may be met by umbrella form coverage in a minimum amount of $1,000,000 aggregate; $1,000,000 each occurrence. Lessee shall name the City, its officers, agents, employees and volunteers as additional insured as its interests may appear on the above policy. Such coverage shall not be canceled or materially altered except after thirty (30) days prior written notice of such cancelation or material alteration to the Assistant City Manager for Operations of the City of Roanoke. '~'ne Roanoke Times :ROanoke, Virginia ~',~vit of Publication The Roanoke Times ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 coyner sprin 01527672 Coyner Springs State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this __~'- day of October 2000. ~Witness my hand and official seal. ~~~..~~ ............. Notary Public . ~ Commis,1ion F. xi)lr~ Iday 31, 2001 My commission expires PUBLISHED ON: 10/08 TOTAL COST: 77. 92 FILED ON: ~ 1C~'~27~0 / ................ A~th~i~d Signature ~_/ NOTICE OF PUBLIC HEARING The City of Roanoke proposes to renew an existing lease of City-owned property located northwest of the former City Nursing Home at Coyner Springs with the existing tenants for farming of the land. Pursuant to the requirements of §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on October 16, 2000, commencing at 7:00 p.m., in the Lecture Hall of the Governor's School at Patrick Henry High School, located at 2102 Grandin Road, S.W. Citizens shall have the opportunity to be heard and express their opinions on said matter. 3RD GIVEN under my hand this __ day of October, 2000. Mary F. Parker, City Clerk. Note to Publisher: Please publish once in The Roanoke Times on Sunday, October 8, 2000. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 H:\NOTICE-WRC-CC\NL-CoynerSpringsProp-Jeters-PH- 10-16-00 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-maih clerk~ci.roanoke va.us November 8, 2000 File #166-373-468 STEPHANIE M. MOON Deputy (_'it.', Clerk Richard Nichols, President Southeast Action Forum, Inc. 1620 Kirk Avenue, S. E. Roanoke, Virginia 24013 Dear Mr. Nichols: I am enclosing copy of Ordinance No. 35112-110600 authorizing the proper City officials to enter into a lease agreement between the City and SoutheaSt Action Forum for the lease of City-owned property located at 1015 Jamison Avenue, S. E. (known as Old Fire Station No. 6), for a period of five years, effective July 14, 2000 through July 13, 2005, at an annual rental of $1.00 per year, and upon such other terms and conditions as deemed appropriate and as more particularly set forth in a report of the Water Resources Committee dated October 16, 2000. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, October 16, 2000, also adopted by the Council on second reading on Monday, November 6, 2000, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure pc; Eralene S. Poindexter, Treasurer, Southeast Action Forum, 1015 Jamison Avenue, S. E., Roanoke, Virginia 24013 Darlene L. Burcham, City Manager James D. Grisso, Director of Finance Philip C. Schirmer, City Engineer Sarah E. Fitton, Engineering Coordinator N:\CKVC\council00\agenda\Nov\November 6 correspondence.wpd IN THE COU~CIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 2000. No. 35112-110600. AN ORDINANCE authorizing the proper City officials to enter into a lease agreement between the City and Southeast Action Forum for the lease of City-owned property located at 1015 Jamison Avenue, S.E. (known as Old Fire Station #6), upon certain terms and conditions. WHEREAS, a public hearing was held on October 16, 2000 pursuant to § § 15.2-1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said conveyance. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, the appropriate lease agreement with Southeast Action Forum, for the lease of City-owned property located at 1015 Jamison Avenue, S.E. (known as Old Fire Station #6), for a five (5) year period, effective July 14, 2000 through July 13, 2005, at an annual rental of $1.00 per year, and upon such other terms and conditions as are deemed appropriate and as more particularly set forth in the report to this Council dated October 16, 2000. ATTEST: City Clerk. H ORD-GEN~,0-L-Southe~t Action Fomm-Jamison Ave(5yrs)-10-16-00 11]];[ i [1111 Roanoke City Council Regular Agenda Report October 2, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Lease of City Property - Old Fire Station #6 The attached staff report was considered by the Water Resources Committee at its regular meeting on September 18, 2000. The Committee recommends that Council authorize the City Manager to advertise a public hearing and, lacking any comments to the contrary, authorize the execution of an appropriate document to lease for a five year term the above City-owned property, in a form approved by the City Attorney. Respectfully submitted, Linda F. Wyatt, Chairperson Water Resources Committee LFW:afm Attachments: I CC: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator #00-368 The Roanoke Times Roanoke Virginia Affidavit of Publication The Roanoke Times ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 01527660 State of Virginia City of Roanoke Fire station 1015 Jamison Ave I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this _1~/q'~ day of October 2000. AWitness my/hand and official seal.__~~'~_ ~~__,~, ~a~ Public · . . i~~ F..x~i~ May ~1, 200; My commission expires PUBLISHED ON: 10/08 ~m~ mmm; mmm m m mmmmm~ mmmm, m.~ Mn~ F. PBmm', U~, C:lem (1527660) TOTAL COST~ 80.03 FILED ON: 1 /00 NOTICE OF PUBLIC HEARING The City of Roanoke proposes to lease City-owned property located at 1015 Jamison Avenue, S.E., (the Old Fire Station #6) to the Southeast Action Forum under the same terms and conditions as their previous lease at the same location. Pursuant to the requirements of §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on October 16, 2000, commencing at 7:00 p.m., in the Lecture Hall of the Governor's School at Patrick Henry High School, located at 2102 Grandin Road, S.W. Citizens shall have the opportunity to be heard and express their opinions on said matter. GIVEN under my hand this 3RI) day of October, 2000. Mary F. Parker, City Clerk. Note to Publisher: Please publish once in The Roanoke Times on Sunday, October 8, 2000. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 H:\NOTICE-WRC-CC\NL-JamisonAve to SE Action Forum - PH-10-16-00 Water Resources Committee Regular Agenda Report September 18, 2000 To: From: Subject: Members Water Resources Committee ~ thru Darlene L. Burch .~.., ~~a~iler Lease of City Properff/- Old R're Station #6 Background: Property located at 1015 Jamison Avenue, S.E. has been leased to the Southeast Action Forum or its predecessor since 1980. The current lease has expired. The Southeast Action Forum has requested that they be granted a new five-year lease under the same terms as their previous lease. See Attachment 1. Considerations: The Southeast Action Forum serves the primary purpose of maintaining the property and reducing the need for City forces to provide maintenance. Paragraph 2 of the lease provides that the Lessee shall be responsible for, without limitation, any repairs to or maintenance of plumbing or electrical systems as well as all interior design, painting, carpeting or other such items. The lease rate is One Dollar ($1.00) per year. Lessee will be required to provide liability insurance as specified in Attachment 2. Recommended Action(s): Authorize the City Manager to advertise a public hearing and, lacking any comments to the contrary, authorize the execution of an appropriate document to lease for a five- year term the above City-owned property, in a form acceptable to the City Attorney. DLB/KBK/SEF Attachment(s): 2 CC: William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator H:\USER\COMMON\Council\Fitton\FI REST~f.6.VVPD #00-368 SOUTHEAST ACTION FORUM 1015 JAMISON AVENUE S.F.. ROANOKE, VIRGINIA 24013 ATTACHMENT 1 ATTACHMENT 2 INSURANCE REQUIREMENTS Southeast Action Forum, Inc. agrees that it will protect, indemnify and save harmless the City from the claims of all persons arising as the result of the activities of the South- east Action Forum, Inc., its members, employees, and agents, in the leased premises and on the accompanying grounds, and that it will secure, maintain, pay for and keep in force, until the expiration of this lease, commercial general liability insurance written on an occurrence basis with a limit of no less than $1,000,000 (one million dollars). South- east Action Forum, Inc. shall name the City of Roanoke, its officials, officers, employ- ees, agents and volunteers as additional insureds on said policy, and shall provide the City with a copy of the certificate of insurance prior to July 1 of each year of the lease. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of November, 2000. No. 35135-110600. A RESOLUTION changing certain times and places of commencement for regular meetings of City Council scheduled to be held Monday, November 20, 2000. WHEREAS, Council Chambers, in the Municipal Building, at 215 Church Avenue, S. W., has been undergoing extensive remodeling, and alternative meeting places for City Council meetings are necessary until the remodeling has been completed. BE IT RESOLVED by the Council of the City of Roanoke that: 1. For the City Council meetings regularly scheduled to be held at 12:15 p.m., 2:00 p.m., and 7:00 p.m., on November 20, 2000, the following schedule of times and places is hereby established for the commencement and location of these meetings: DATE OF MEETING TIME PLACE OF MEETING November 20, 2000 12:15 p.m. Emergency Operations Center 1st Floor, Municipal Building 215 Church Avenue, S. W. 3:00 p.m. Governor's School Lecture Hall, Patrick Henry High School 2102 Grandin Road, S. W. 7:00 p.m. Governor's School Lecture Hall, Patrick Henry High School 2102 Grandin Road, S. W. 2. Resolution No. 34905-070300, adopted July 3, 2000, is hereby amended to the extent it is inconsistent with this resolution. 3. The City Clerk is directed to cause a copy of this resolution to be posted adjacent to the doors of the Council Chambers and that it be advertised in a newspaper having general circulation in the City at least seven days prior to November 20, 2000. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk November 9, 2000 File #192 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, November 6, 2000, Council Member Linda F. Wyatt suggested that food service vendors doing business at the Roanoke Civic Center offer food items for sale that may be consumed by persons with dietary restrictions. The matter was referred to the City Manager for appropriate response. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm pc: James M. Evans, Director, Civic Facilities N:\CKVC\council00~agendaLNovXNovember 6 correspondence.wpd CITY OF ROANOKE Office of the ¢it~ Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk November 9, 2000 File #121-472 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, November 6, 2000, Council Member W. Alvin Hudson requested that the matter of installing video cameras in marked vehicles of the Sheriff's Department be referred to the City Manager for report. The matter was referred to the City Manager for appropriate response. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm pc: The Honorable George M. McMillan, City Sheriff N:\CKVC\council00h~genda~qov~qovember 6 correspondence.wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk November 9, 2000 File #51-178 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, November 6, 2000, Vice-Mayor William H. Carder called attention to an automobile repair establishment in the vicinity of the Lansdowne Park housing complex which was granted a variance some time ago, pursuant to certain proffered conditions to rezoning relating to landscaping, and inquired as to the City's procedure to insure that proffered conditions are met, especially in terms of landscaping issues. Sincerely, The matter was referred to the City Manager for appropriate response. Mary F. Parker, CMC City Clerk MFP:sm pc~ George C. Snead, Jr., Assistant City Manager for Community Development Evelyn S. Lander, Director, Planning and Code Enforcement N:\CKVC\council00~agendahNov'xNovember 6 correspondence.wpd Concerns and Proposed Recommendations For Huff Lane Parl~ /.Some of the wood has been defaced with inappropriate language written in pen,pencil, nail polish.' 2.The bo/ts holding up the swings are loose, and a l~roi~'en swing could cause a serious injurg.' 3. Bolts on the metal slide are loose,and exposed. 4.There is a I~ig gap as gou l~egin crossing ~he swinging l~ridge.$omeone, especiall!l a sma child might fall through. '.5. There is a jagged piece of Post that has t~een cut out with a knife or axe. Someone, could easilg cut themselves if the~ ran into this post. 6. VVood chips on the ground are a danger to children's eges. CONSTITUTION of Huff Lane MICROVlLLAGE We, the citizens of Huff lane MicroVillage, in order to establish ourselves as responsible citizens, to develop a positive work ethic, to explore different career choices, t° relate academic knowledge with its practical applications, and to provide the opportunities to be successful, do establish this Constitution of Huff Lane MicroVillage. Article 1 Section 1. All legislative powers shall be vested in the MicroVillage Assembly.. Section. 2. The'Assembly shall be 'composed*of Members chosen every, year .bY .the citizens of the MicroVillage. The membership shall consist of one homeroom representative elected by the citizens of each homeroom. No member of the Assembly shall be enrolled in the MicroVillage for fewer than ten consecutive days. To maintain membership in the Assembly, each Member shall maintain, at least an overall average of C for the academic year, and citizenship status. A vacancy in the Assembly shall be filled by the Citizen who received the second highest vote for the vacated office. Members of the MicroVillage Assembly shall choose from itself a Speaker through nomination and secret ballot. The Secretary shall keep a written record of all meetings and attendance of Members Section 3. The Mayor and Vice Mayor of Huff Lane MicroVillage shall attend the meetings of the Assembly, but shall have no vote. If the Assembly be equally divided, the Vice Mayor shall break the tie. Section 4. The election of Mayor, Vice Mayor, and Secretary, and all Members of the Assembly shall be held in the fall term of each academic year. The Government Huff Lane MicroVillage Government Huff Lane MicroVillage November 3, 2000 We. the undersigned citizens ofHuffLane MicroVillage do hereby suppo~ our elected Assembly members in petitioning the Roanoke City Council to consider ways and ideas to improve the safety and use of Huff Lane Park fbr the general public and the students of Huff Lane MicroVillage. We believe that serious concerns have been identified by Assembly.' members and warrant immediate consideration 'by City (:,OUllCll: Name Signature Home Room , {4. ~ 17."1' 18. 19. 20. Hull' Lane Micro¥'illage Government Huff lane MicroVillage November 3, 2000 We. the undersigned citizens of Huff Lane MicroVillage do hereby support, our elected Assembly members in petitioning the Reanoke Cit)' Council to consider ways and ideas to improve the safety and use of Huff Lane Park for the general public and the students of Huff Lane MicroV'illage. We believe that serious concerns have been identified by Assembly members and warrant immediate consideration by City Council: Name Signature Home Room 10. 0.~e_.l) CO {)c~Cne_\ I J£ 17. 18. 19. 20. Huff Lane ?,'licro~'~illage Government Huff Lane MicroVillage November 3, 2000 We. the undersigned citizens of HuffLane MicroVillage do hereby support our elected Assembly members in petitioning the Roanoke Ci~' Council to consider ways and ideas to improve the safety and use of Huff Lane Park for the general public and the students of Huff Lane MicroVillage. We believe that serious concerns have been identified AssembN members and warrant immediate consideratior~ by CiW (~OUIICI~ Name Signature Home Room 11. Hull' Lane MicroVillage Government Huff Lane MicroVillage November 3, 2000 We. the undersigned citizens of Huff Lane MicroVillage do hereby support, our elected Assembly members in petitioning the Roanoke CiU~ Council to consider ways and ideas to improve the safety and use of Huff Lane Park for the general public and the students of Huff Lane MicroVillage. We believe that serious concerns have been identified by Assembly members and warrant immediate consideration by Ci~' Counci" 1. Name Signature Home Room 10. 11. Huff Lane ?dicroVillage Government Huff Lane MicroVillage November 3, 2000 We, the undersigned citizens ofHuffLane MicroVillage do hereby' support, our elected Assemb!v members in petitioning the Roanoke Cib' Council to consider ways and ideas to improve the safety and use of Huff Lane Park for the general public and the students of Huff Lane MicroViliage. We believe that serious concerns have been identified by Assemb!y members and warrant immediate consideration by CiU~ Council: .1~, ~me Signature Home Room 7...)05HtA4 C,-,,-x z'..r ~, ,q 14. 15. 16. 17. 18. 19. 2.0. Huff Lane ?dicroVilla~e Government Huff Lane MicroVillage November 3, 2000 We. the undersigned citizens of Huff Lane MicroVillage do hereby suppo~ our elected Assembly members in petitioning the Roanoke Ci Council to consider ways and ideas to improve the safety' and use of Huff Lane Park for the general public and the students of Huff Lane MicroVillage. We believe that serious concerns have been identified Assemb!v members and ,:,,arrant immediate consideration by City Council' Name Signature Home Room D. .q / 18. 19. 20. Huff Lane ?,'licroVillage Government Huff Lane MicroVillage November 3, 2000 We. the undersigned citizens of Huff Lane MicroVillage do hereby' support our elected Assembly members in petitioning the Roanoke Cib' Council to consider ways and ideas to improve the safety and use of Huff Lane Park !hr the general public and the students of Huff Lane MicroVillage. We believe that serious concerns have been identified by Assemb!v members and warrant immediate consideration by City Council: ?qame Signature Home Room 6. ~5)~ x / w4 n / 7. ~?ac k5oq 14. 15. [6.' 19. 20. Huff Lane MicroVillage Government Huff Lane MicroVillage November 3, 2000 We. the undersigned citizens ofHuffLane MicroVillage do hereby' support, our ele~,~d Assembly members in petitioning the Roanoke CiD' Council to consider ways and ideas to improve the safety and use of Huff Lane Park for the general public and the s~ud,,n[o of Huff Lane MicroVillage. We believe that serious concerns have been identified by. Assembly members and warrant immediate consideration by CiD' Council' Name Signature Home Room 2. ct ~4, , erie..._ B ~ e,~ 3. Am~ee bi/1 a/,'~ 0/' , . ..-.., mr'-,< 17. 19. 20. Huff Lane ?,:licroVillage Government Huff bne MieroVillage November 3, 2000 We. the undersigned citizens ofHuffLane MicroVillage do hereby support, our ele,,,,,d Assembb~ members m petitionin= the Roanoke CiD' Council to consider ways and ideas to improve the safety and use of Huff Lane Park for the general public and the students of Huff Lane MicroVillage. We believe that serious concerns have been identified by Assembly members and warrant immediate consideration by CID" Council: Name Signature Home Room Huff Lane MicroVilla~e Government Huff [,qne MicroVillage November 3, 2000 We. the undersigned citizens of Huff Lane MicroVillage do hereby support, ~,,,,-~., ..,,.......,~*~a Assembly members in petitioning the Roanoke Cit)' Council to consider ways and ideas to improve the safety and use of Huff Lane Park for the seneral public and the stu&,,.s of Huff Lane 'MicroVillage. We believe that serious concerns have been identified by AssembN members and warrant immediate consideration by Citw Council' 'Name Signature Home Room 12. 14. 19. 20. Huff Lane MicroVillage Government Huff Lane MicroVillage November 3, 2000 We. the undersigned citizens of HuffLane MicroVillage do hereby suppo~ our elected Assembly members in petitioning the Roanoke Council to consider w'ays and ideas to improve the safety and use of Huff Lane Park for the general public and the students of Huff Lane MicroVillage. We believe that serious concerns have been identified by Assemb!v members and warrant immediate consideration by CiU~ CounciL: Name Signature Home Room Il A ' s. 0 cc)/fl,,-.,..~n, ~'f'c_r )/4 8. _x. ornm/3on~,~.s I) P 10. 11. Huff Lane MicroVillage Government Huff Lane MicroVillage November 3, 2000 We. the undersigned citizens of HuffLane MicroVillage do hereby support, our elected Assembly members in petitioning the Roanoke Council to consider ways and ideas to improve the safety and use of Huff Lane Park fbr the general public and the students of Huff Lane MicroVillage. We believe that serious concerns have been identified by Assembly members and warrant immediate consideration by City Council: Name Signature Home Room 10. 11. 16. 18. 19. 20. Huff Lane MicroVillage Government Huff [~ane MicroVillage November 3, 2000 We. the undersigned citizens of HuffLane MicroVillage do hereby support, our elected Assembly members in petitioning the Roanoke CiD' Council to consider ways and ideas to improve the safety and use of Huff Lane Park for the general public and the students of Huff Lane MicroVillage. We believe that serious concerns have been identified by Assembly members and warrant immediate consideration bv City Council: Name Signature HomeRoom CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk November 13, 2000 File #67 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At the regular meeting of the Council of the City of Roanoke which was held on Monday, November 6, 2000, Mr. Howard Johnson, 820 Westside Boulevard, N. W., offered his assistance in regard to the establishment of an amusement park for the Roanoke area which could be located in the Westside Boulevard/Salem Turnpike/Melrose Avenue area. He advised that such a facility would provide jobs and entertainment for Roanokers. I am enclosing copy of information submitted by Mr. Johnson. The matter was referred to the City Manager for appropriate response. ~'~ ~)"Sincerely, /~,~ Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: Mr. Howard Johnson, 820 Westside Boulevard, N. W., Roanoke, Virginia 24017 N:\CKVC\council00~genda~NovXNovember 6 correspondenee.wpd HyperSonic XLC Page 1 of 2 g!- ~ 6 - md http://www.thrillride.com/2001 preview/HyporSonicXLC/hyper.html 11/4/OO HyperSonic XLC Page 2 of 2 http://www.thrillride.com/2001 preview/HyperSonicXLC/hyper.html 11/4/00 Superman Ultimate Escape Page 2 of 5 http://www.thrillride, com/SUE/sue.html 11/4/00 Page 4 of 5 Drop Zone & Face/Off But most impressively, PKI's Drop Zone happens to be the tallest facin'-outward freefall machine that anyone has ever built on North American soil. The best way to appreciate DZ's /freakish grandeur is to ride up to the Eiffel Tower s observation deck and look directly across at it. (Hold me... ) Standing at the base of this titanic pillar and watching a ring slowly ascend once again had me wondering why anyone would want to subject themselves to this sort of thing. Call it the Yin and Yang appeal of every serious thrill ride; you don't want to do it and yet you ca,'t wai! to do it. But it ain't watching the climb that'll make yet teeth chatter; it's the substantial gust of wind generated by the ring's high-speed descent. Good g~'ief, that's unnerving. At least there are touches of humor to lighten the mood. Ya gotta love the cautionary_ "falling object" signs posted here and there. Plus, it's a hoot to watch the stupefied crowds of on-lookers gathered around the exit. Okay, no more stalling... The majority of the line winds back and forth beneath a fiat canopy, so with the tower out of view' tbr a while, you'll be able to focus your thoughts on other matters.., like getting some life insurance. Eventually, the wait comes to an end. We're assigned a seat number and ushered onto the cement platform Once the green harnesses are locked down, there may be turning ahead, but there's no turning back. A purple cable-hauled apparatus clamps down onto the yellow ring and, gentle as a feather, begins to pull us into the heavens. As soon as our feet have lifted away from the concrete, the ring slowly begins its gyration. On the way up to the 264-foot drop level, we'll make one complete revolution. Yes, this freefaller lets us enjoy a full 360-degree view of the surroundings, good fbr several bonus points. "L-L-Look, th-there's the Son of B-B~Beast under construction..." But the changing scenery can't distract you from one simple fact: we just keep climbing higher and higher. And higher. A mi higher. Takes about a minute to reach the upper limit. Finally, all movement stops. There we're poised, bracing tbr the inevitable, over 26 stories offthe ground. I did manage to look down tbr one horrific instant. Big mistake. "Come on, come on, enough already!" Still we wait.., lhmt~athml)aihmt~alhmI~ And just when you think we might be stuck up there forever... Click. http://www.thrillride.com/dropzonefaceoffddzfo.html 11/4/00 Drop Zone & Face/Off Page 5 of 5 YAA.4AA.t Plummeting straight towards certain death, we drop like a rock, reaching a speed of 67 mih'x per horn' in no time at all. The air lashes us with gale-force strength, drowning out our pitifal cries. A few savage seconds of consciousness-elevating terror. The Drop Zone's magnetic braking system eventually takes hold and smoothly decelerates the ring. Finally, we glide down to a placid landing, lfyou feel the urge to kiss the ground, go right ahead: no one will think any less of you. DROP ZONE MAX HEIGHT: 315 feet DROP HEIGHT: 264 feet TOP SPEED: 67 Miles Per Hour RIDE DURATION: 88 seconds CAPACITY: 40 guests per drop MANUFACTURER: lntamin AG, Wollerau, Switzerland http://www.thrillride, com/dropzonefaceoffddzfo.html 11/4/00 '00 i~' -'i !i ~? ,..Office of the Ci~ Manager November 30, 2000 Mr. Martin Jeffrey 517 Rutherford Avenue, NW Roanoke, VA 24016 Dear Mr. Jeffrey: In the council meeting on November'S, 2000, you again made a request to council that you be advised as to who is responsible for the penalty incurred by the city in connection with the cleaning up of barrels and waste at the Public Works Service Center and asked if there are other barrel burial sites and toxic waste sites in the city. In answer to the first part of the question, I can only refer to you the answer to the same question in the letter to you dated October 25, 2000. The issue of who is responsible was throughly investigated by both the City and the U.S. Attorney's Office. As the Plea Agreement reflects, the fairest conclusion was that the City, as most municipalities, had failed to see itself as a potential polluter because it was in the service business, not an industrial entity. Thus, the City was the responsible party. In regard to the second part of the question, although there are some old landfill Sites that were opened and closed under the requirements in effect at the time of the closure, we know of no barrel burial sites or toxic waste sites located on city property. I hope this information is responsive to your requests. Sincerely, JDR:ca C: The Honorable Ralph K. Smith, Mayor, and Members of City Council Darlene L. Burcham, City Manager Mary F. Parker, City Clerk William M. Hackworth, City Attorney Room 364 Municipal South 215 Church Avenue. S.W Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci,roanoke.va.us CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk November 9, 2000 File #1-66-83-104-121-183-178-472-429-529 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, November 6, 2000, Mr. Martin Jeffrey, 517 Rutherford Avenue, N. W., addressed Council in connection with the following issues: What is the proper forum for Council to engage in discourse with citizens in regard to their questions on City projects and issues? Who is responsible for the $3 million penalty incurred by the City in connection with the cleaning up of barrels and toxic waste at the Public Works Service Center, and are there other burial sites and toxic waste sites in the City? What is the amount of the retirement packages afforded to Roanoke's former City Manager, City Attorney and Director of Public Works? He requested a written response to issues 2 and 3. N:\CKVC\council00\agcnda\Nov\Novembcr 6 correspondence.wpd Darlene L. Burcham November 9, 2000 Page 2 Mr. Jeffrey expressed support of the new bulk waste collection program which has been successful in his neighborhood; he concurred in the remarks of Council Member Hudson regarding the need for video cameras in marked Sheriff's Department vehicles; and he commended Vice-Mayor Carder for his remarks which were presented at a recent Roanoke Chapter, NAACP Banquet, regarding living conditions in the Lansdowne Park public housing development and in public housing in general, however, he requested that the Vice-Mayor's remarks be reiterated for the record at a future Council meeting, followed by appropriate action(s) by Council. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm pc: James D. Grisso, Director of Finance N:\CKVC\council00\agenda~Nov\November 6 correspondence.wpd November 9, 2000 Mr. Martin Jeffrey 517 Rutherford Avenue Roanoke, VA 24016 Re: Request for Records Dear Mr. Jeffrey: It is my understanding that you have requested information pertaining to the retirement allowances received by certain former City employees. In 1999, City Council directed that the City Clerk maintain a file with documentation related to the so-called "2 for 1" benefit provided to certain City officers and employees. That file is available for your review in Room 456 of the Municipal Building. In response to your request for information about the retirement pensions paid to certain specified former City employees, this information is not subject to disclosure. The information is deemed to be a personnel record under the Privacy Protection Act and is exempted from mandatory disclosure by the Virginia Freedom of Information Act. See §2.1-382 and 2.1-342.01.B, Code of Virginia. Accordingly, this information will not be provided. Sincerely, City Manager DLB/sf C: The Honorable Mayor and Members of Council James D. Grisso, Director of Finance William M. Hackworth, City Attorney ~Mary F. Parker, City Clerk Joyce Sparks, Retirement Administrator Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke.va.us