HomeMy WebLinkAboutCouncil Actions 10-04-99WYATT
34495
ROANOKE CITY CO UNCIL
REGULAR SESSION
October 4, 1999
12:15p. m.
CITY COUNCIL CHAMBER
AGENDA FOR THE COUNCIL
1. Call to Order--Roll Call. (All Present).
ao
A report of the City Attorney requesting a Closed Meeting to consult
with legal counsel on a matter of probable litigation, pursuant to Section
2.1-344 (A)(7), Code of Virginia (1950), as amended.
File #83-132
A report of the Acting City Manager requesting a Closed Meeting to
discuss acquisition of real property for public purposes, pursuant to
Section 2.1-344 (A)(3), Code of Virginia (1950), as amended.
File #104-132
CERTIFICATION OF CLOSED MEETING. (7-0)
The meeting was declared in recess at 1:42 p.m., to be reconvened at
2:00 p.m., in the City Council Chamber.
2
ROANOKE CITY CO UNCIL
REGULAR SESSION
October 4, 1999
2:00p. m.
CITY COUNCIL CHAMBER
AGENDA FOR THE COUNCIL
1.Call to Order-- Roll Call. (All Present).
The Invocation was delivered by The Reverend Todd Meyer, Pastor, Acts
II Ministry.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor David A. Bowers.
Welcome. Mayor Bowers.
NOTICE:
Meetings of Roanoke City Council are televised live on RVTV Channel 3.
Today's meeting will be replayed on Channel 3 on Thursday, October 7, 1999,
at 7:00 p.m., and Saturday, October 9, 1999, 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,
MUNICIPAL BUILDING, OR CALL 853-2541.
PRESENTATIONS:
Presentation to Dr. Charles G. Fuller, Pastor, First Baptist Church.
Bowers.
File #80-215
Mayor
A Proclamation declaring October 15, 1999, as National Mammography Day,
and the month of October as National Breast Cancer Awareness Month.
File #3
A Proclamation declaring October 16, 1999, as "Raise the Roof Day".
File #3
Presentation with regard to the Performing Arts Program, and introduction of
students from the Westside School of Performing and Visual Arts. Dr. E.
Wayne Harris, Superintendent, Roanoke City Public Schools.
File #467
Presentation of Awards of Achievement for Excellence in Financial Reporting
for the City of Roanoke and the City of Roanoke Pension Plan. Mayor Bowers.
File #1-429-80
4
e
CONSENT AGENDA
(Approved 7-0)
C-1
C-2
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE
CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY
COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE
WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF
DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM
THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
Minutes of the regular meetings of City Council held on Tuesday, July
6, 1999, and Monday, July 19, 1999.
RECOMMENDED ACTION: Dispense with the reading thereof and approve
File #132 as recorded.
A communication from Mayor David A. Bowers 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: Concur in request to convene in Closed
File #132 Meeting.
C-3
Qualification of the following persons:
Alyce B. Szathmary as a member of the Youth Services Citizen
Board for a term ending May 31, 2002;
File#15-110-304
Edward L. Crawford, Jr., as a member of the Personnel and
Employment Practices Commission for a term ending June 30,
2002;
File #15-110-202
5
C-4
C-5
Roland H. Macher as a member of the Roanoke Public Library
Board for a term ending June 30, 2002; and
File #15-110-323
Evelyn S. Lander as a member of the Roanoke Valley Area
Metropolitan Planning Organization for a term ending June 30,
2002.
File #15-110-200
RECOMMENDED ACTION: Dispense with the reading thereof and approve
as recorded.
Request of Council Member Hudson for a Closed Meeting, pursuant
to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, for the
purpose of discussing and considering candidates for the position of City
Manager.
File #132-104
Request of Council Member Hudson for a Closed Meeting, pursuant
to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, for the
purpose of interviewing candidates for the position of City Manager.
File #132-104
REGULAR AGENDA
e
HEARING OF CITIZENS UPON PUBLIC MATTERS:
Request to address Council with regard to reevaluating residential
zoning. Gloria Dorma, Spokesperson. (5 minutes)
Ms. Dorma requested that the City clearly define "multi-family
housing" as to location and number of units in a specific area so as
not to create an "asphalt jungle." She spoke in support of
constructing housing units such as duplexes in residential areas
throughout the community that would also meet the criteria for low
income housing. She referred to the concentration of multi-family
housing in northwest Roanoke, and requested preparation of a
neighborhood plan for northwest Roanoke before any additional
multi-family housing is constructed.
bo
The remarks of Ms. Dorma were referred to the City Manager for
appropriate response.
File//51
Request to address Council with regard to proposed developments for
Henry Street. R. Craig Balzer, AIA, Spokesperson. (5 minutes)
Received and filed.
File #511-432
4. PETITIONS AND COMMUNICATIONS:
mo
A communication from Mayor David A. Bowers and Council Member
Linda F. Wyatt with regard to the City Manager selection process.
bo
Received and filed.
File #104-132
A communication from Sylvester Daughtry, Jr., Executive Director,
Commission on Accreditation for Law Enforcement Agencies, Inc.,
advising that the Roanoke City Police Department was awarded re-
accredited status by the Commission on July 31, 1999.
Co
do
Received and filed.
File #5-80
A petition from the Harrison Museum of African American Culture
requesting exemption from taxation of certain real property located in the
City of Roanoke.
Referred to the City Manager and the City Attorney for study,
report and recommendation to Council.
File #79-319
A petition from The League of Older Americans, Inc., requesting
exemption from taxation of certain real property located in the City of
Roanoke.
Referred to the City Manager and the City Attorney for study,
report and recommendation to Council.
File #79-243
7
5. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS'
1. A briefing with regard to an emergency change order relating to
the Roanoke River Interceptor Sewer Project. (10 minutes)
Received and filed.
File #27
ITEMS RECOMMENDED FOR ACTION:
A report recommending authorization to amend the Annual
Update of the Entitlement Consolidated Plan for Fiscal Year 1999-
2000, and to execute documents and an agreement in connection
therewith.
Adopted Ordinance No.
34496-100499. (7-0)
File #60-236
34495-100499
and Resolution No.
A report recommending approval and execution of an agreement
for the City's participation in the New River Valley Commerce
Park Project.
Adopted Ordinance Nos. 34497-100499 and 34498-100499.
(6-0) (Council Member White was out of the Council
Chamber).
File #60-526
A report recommending transfer of funds in connection with
environmental studies, legal services, consultant and expert fees,
and related expenses at the Public Works Service Center.
Adopted Ordinance No. 34499-100499. (6-0)
Member White was out of the Council Chamber).
File #60-183
(Council
8
o
A report recommending acceptance of the proposal submitted by
R. W. Beck, Inc., to perform a Comprehensive Solid Waste
Management Study; award of a contract therefor; and
appropriation of funds in connection therewith.
Adopted Ordinance Nos. 34500-100499 and 34501-100499.
(6-0) (Council Member White was out of the Council
Chamber).
File #60-405-27
A report recommending authorization to contract with the
International Association of Chiefs of Police to provide first line
supervision training for supervisors in the Roanoke City Police
Department.
Adopted Resolution No. 34502-100499. (7-0)
Council Members Swain and Hudson inquired as to the
legality of an employment contract between the City of
Roanoke and certain local law enforcement personnel.
Council Member Hudson expressed concern regarding the
high turnover rate of positions in the Police Department,
especially senior officers, and requested a follow up response
by the City Manager.
Council Member Trout inquired as to an alleged shortage of
school resource officers at William Fleming High School and
requested a follow up response by the City Manager.
Council Member Swain inquired if there is a school resource
officer assigned to the Noel C. Taylor Alternative Learning
Center.
Council Member Trout inquired as to the feasibility and cost
of training law enforcement personnel through the FBI
training program.
In view of the number of questions raised by Council
Members, the Mayor requested that Council be provided with
the appropriate briefing at a future Council meeting.
File #5-467
CITY
ATTORNEY:
A report transmitting Resolutions authorizing issuance by the City
of its general obligation bonds to fund improvements at Hurt Park
Elementary School and The Roanoke Valley Governor's School.
Adopted Resolution Nos. 34503-100499 and 34504-100499.
(7-0)
File #53-467
DIRECTOR OF FINANCE:
1. A financial report for the month of August, 1999.
Received and filed.
File #1
6. REPORTS OF COMMITTEES:
bo
A report of the Bid Committee recommending execution of a contract
with Acken Signs, Inc., in the amount of $85,046.00, to refurbish the
Roanoke Civic Center sign. Council Member Carroll E. Swain,
Chairperson.
Adopted Ordinance No. 34505-100499. (7-0)
File #192
A report of the Bid Committee recommending execution of a contract
with H. & S. Construction Company, in the amount of $172,728.05, for
traffic signalization at Brambleton Avenue and Overland Road, S. W.;
and transfer of funds in connection therewith. Council Member Carroll
E. Swain, Chairperson.
l0
do
eo
Adopted Ordinance Nos. 34506-100499
Resolution No. 34508-100499. (7-0)
File #20-60
and 34507-100499; and
A report of the Water Resources Committee recommending acquisition
of a variable width drainage easement across certain property needed in
connection with construction of the Blue Ridge Park for Industry Project.
Council Member Linda F. Wyatt, Chairperson.
Adopted Ordinance No. 34509-100499. (7-0)
File #468-27-28
A report of the Water Resources Committee recommending that the City
Manager take appropriate action in order to advertise a public hearing,
and lacking any comments to the contrary, execute the appropriate
document granting an overhead and underground easement across City-
owned property located in the Roanoke Centre for Industry and
Technology to Appalachian Power Company. Council Member Linda
F. Wyatt, Chairperson.
Concurred in
Committee.
File #28-29-468
the recommendation of the Water Resources
A report of the Water Resources Committee recommending that the City
Manager take appropriate action in order to advertise a public hearing,
and lacking any comments to the contrary, execute the appropriate
document granting an easement across City-owned property to Bell
Atlantic-Virginia, Inc., in connection with the Brambleton
Avenue/Overland Road, S. W., signalization project. Council Member
Linda F. Wyatt, Chairperson.
Concurred in the recommendation
Committee.
File #28-386-468-166
of the Water Resources
go
ho
A report of the Water Resources Committee recommending that the City
Manager take appropriate action in order to advertise a public hearing,
and lacking any comments to the contrary, execute the appropriate
document granting an easement across City-owned property located at
Carvins Cove to Norma Jean Sigmon for the purpose of ingress and
egress to the Sigmon property. Council Member Linda F. Wyatt,
Chairperson.
Concurred in the
Committee.
File #28-468-166
recommendation
of the Water Resources
A report of the Flood Plain Committee recommending that the City
Manager be authorized to proceed with the acquisition of a property
interest in a portion of a parcel of land owned by Industrial Development
& Investment Co., in connection with the Roanoke River Flood
Reduction Project. Kit B. Kiser, Chairperson.
Adopted Ordinance No. 34510-100499. (7-0)
File #207-237-2
A report of the Flood Plain Committee recommending that the City
Manager be authorized to contact property owners and attempt to
purchase residential houses and property located at 1302, 1306 and 1312
Piedmont Street, S. E., in connection with the Roanoke River Flood
Reduction Project. Kit B. Kiser, Chairperson.
Adopted Ordinance No. 34511-100499. (7-0)
File #207-237-2
e
UNFINISHED BUSINESS:
ao
Ordinance No. 34302, on second reading, authorizing the acceptance of
a donation and conveyance of certain property identified by Roanoke
City Tax No. 2022611, located on McDowell Avenue, N. W., to the City
from the Roanoke Redevelopment and Housing Authority for the
construction of a new sign at the entranceway of Historic Gainsboro
District, and authorizing preparation of the appropriate documents, upon
certain terms and conditions.
12
ge
Adopted Ordinance No. 34302-100499.
Wyatt voted no).
File #2-178-107
(6-1)
(Council Member
INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS:
ao
Ordinance No. 34490, on second reading, permanently vacating,
discontinuing and closing a portion of Highland Avenue, S. E., extending
from Jefferson Street to a terminal point at the westerly line of Official
Tax No. 4021501.
Adopted Ordinance No. 34490-100499. (7-0)
File #514
bo
Ordinance No. 34491, on second reading, rezoning that certain 14.787-
acre, more or less, parcel of land located south of Elm Avenue, S. W.,
between Jefferson Street and Williamson Road, identified as Official Tax
Nos. 4020101, 4020701, 4020801, 4021408, 4021409, 4020815,
4021501 and 4021502, from C-l, Office District, to C-3, Central
Business District; and Official Tax No. 4020814 from LM, Light
Manufacturing District, to C-3, Central Business District.
Adopted Ordinance No. 34491-100499. (7-0)
File #51
Co
Ordinance No. 34492, on second reading, rezoning a tract of land located
on the west side of Hollins Road, N. E., being approximately 15.306
acres located at 3332 Hollins Road, identified as Official Tax No.
3140304, from HM, Heavy Manufacturing District, to LM, Light
Manufacturing District.
Adopted Ordinance No. 34492-100499. (7-0)
File #51
do
Ordinance No. 34494, on second reading, establishing a rate schedule for
certain water and sewage rates and related charges for services provided
by the City, effective January 1,2000, and January 1,2001; and directing
amendment of the Fee Compendium.
0
Adopted Ordinance No. 34494-100499. (7-0)
File #27-468-289
A Resolution designating a Voting Delegate and Alternate Voting
Delegate for the Annual Business Meeting of the National League of
Cities.
Adopted Resolution No. 34512-100499. (7-0)
File #17
MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor and Members of City Council.
1. Council Member Wyatt called attention to the October 6 and
October 9 exhibition games of the Roanoke Express to be held
at the Roanoke Civic Center, with all proceeds to be donated
to charity.
File #346-192
2. Council Member White requested that the City's annual
Affirmative Action report be presented as soon as possible and
that the report include statistics as of the date of the last
report.
It was the consensus of Council that the matter would be
referred to the Acting City Manager for report to Council.
File #411-184
e
Council Member Swain called attention to concerns regarding
automobile repair garages which are located in areas adjacent
to residential communities, on-street repair of vehicles, and
storage of abandoned vehicles leading to unsightly conditions
in the neighborhoods. He alluded to certain state legislation
addressing the issue and requested that the matter be referred
to the City Attorney for research.
File #200-514
bo
Vacancies on various authorities, boards, commissions and committees
appointed by Council.
14
10.
OTHER HEARING
MATTERS:
OF
CITIZENS UPON PUBLIC
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.
CERTIFICATION OF CLOSED MEETING: (7-0)
Joseph F. Lynn was reappointed as a Commissioner of the City of Roanoke
Redevelopment and Housing Authority for a term ending August 31, 2003.
File #15-110-178
Harry F. Collins, Sr., was reappointed as a member of the New
Construction Code, Board of Appeals, for a term ending September 30,
2004. Adopted motion to waive City residency requirement.
File #15-110-32
Margaret C. Thompson was appointed as a member of the Human
Services Committee for a term ending June 30, 2000.
File #15-110-72
Vernon M. Danielsen, Mark E. Feldmann and Sandra W. Ryals were
reappointed as members of the Roanoke Civic Center Commission for
terms ending September 30, 2002.
File #15-110-192
Mary A. Rogers was appointed as a member of the Fair Housing Board for
a term ending March 31, 2000.
File #15-110-178
WILLIAM M. HACKWORTH
CITY A'I'rORNEY
CITY OF ROANOKE
OFFICE OF CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 2401 I- 1595
TELEPHONE: 540-853-243 I
FACSIMILE: 540-853-1221
E-MAIL: cilyatty @ ci.roanoke.va.us
October 4, 1999
R£C[Itt£O ,..
CITy CL
29wE i x PA.SONS
STEVEN J. TALEVI
GARY E. TEGENKAMP
ASSISTANT CITY A'/~ORNEYS
The Honorable Mayor and Members
Of City Council
Roanoke, Virginia
Re: Request for Closed Meeting
Dear Mayor Bowers and Council Members:
This is to request that Council convene a closed meeting to consult with legal counsel on
a matter of probable litigation, pursuant to Section 2.1-344.A.7, Code of Virginia (1950), as
amended.
WMH/ssh
Sincerely yours,
William M. Hackworth
City Attorney
1 fiExecutiveSessionRequests~actualorprobablelitigation
RECEIVED
CITY CLEP,,I~S OFF'~CE
'g9 ~P30 P1:24
October 4, 1999
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Council Members:
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 purposes, pursuant to Section 2.1-
344.A. 3, Code of Virginia (1950), as amended.
Sincerely yours,
g City Manager
cc: William M. Hackworth, City Attorney
Office of the Mayor
CITY OF ROANOKE
Given under our hands and the Seal of the City of Roanoke this fourth day of October
nineteen hundred and ninety-nine.
WHEREAS,
during 1999, more than 180,000 women in the United States will
learn that they have breast cancer and more than 40, 000 women will
lose their lives, including 1,000 in the Commonwealth of Virginia;
and
WHEREAS,
early detection, using mammography screening, and prompt
treatment can significantly reduce the suffering and deaths caused by
this disease; and
WHEREAS,
the first National Mammography Day was proclaimed by President
Bill Clinton on October 19, 1992, to be held on the third Friday of
each October as part of the National Breast Cancer Awareness
Month program to encourage women to take part in regular and
routine mammography screening; and
WHEREAS,
the National Breast Cancer Awareness Month program is dedicated
to increasing public knowledge about the importance of-early
detection of breast cancer.
NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke,
Virginia, do hereby proclaim October 15, 1999, as National Mammography
Day and the entire month of October, throughout this great All-A merica City,
NATIONAL BREAST CANCER AWARENESS MONTH.
ATTEST:
Mary F Parker
City Clerk
David A~ BOwers
Mayor
Office of the Mayor
CITY OF ROANOKE
illin 'idlOll
Given under our hands and the Seal of the City of Roanoke this fourth day of October
nineteen hundred and ninety-nine.
WItEREA~, while the nation is experiencing a period of prosperity and a strong
economy, 12.5 million people still live in severely substandard housing or pay more than
one-half of their income in rent, leaving Iow-income renters to compete for a dwindling
supply of affordable and livable rental housing on the private market; and
WHE~, since 1980, the Northwest Neighborhood Environmental Organization,
Inc., has focused its efforts towards revitalizing the Loudon-Gilmer neighborhood so that
no one needs "to move to live in a better place, "and has rehabilitated or built 58 new
affordable homes for Iow income families in the Loudon-Gilmer neighborhood; and
WHEREAS, since 1986, Habitat for Humanity in the Roanoke Valley, Inc., has
constructed 88 homes for low-income families toward its goal of improving the lives of
people in need and eliminating sub-standard housing in the Roanoke Valley; and
WHERFa4~, since 1991 Blue Ridge Housing Development Corporation has developed
148 affordable housing units; packaged over $2 million in single family mortgage loans
for first-time homebuyers; educated over 1000 people under "Welcome Home," its
homeownership education program and serves as a Roanoke Valley community
development corporation; and
WHEREA~, Christmas in April, a national, non-sectarian volunteer housing
rehabilitation organization has been in 625 cities for 25 years, and has now come to
Roanoke with the rebuilding and renovation of 4 homes during 1999 and 8-I0 homes
scheduled for rehabilitation in the year 2000; and
WHERF. a~, on October 16, 1999, the U. S. Department of Housing and Urban
Development will host the first national "Raise the Roof Day" in an effort to raise public
consciousness about the need for affordable housing, to mobilize thousands of volunteers
around the country to rehabilitate deteriorated and abandoned structures and to highlight
the good work that non profit housing groups, faith based groups and local governments
do throughout the year.
NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke, Virginia, do
hereby proclaim Saturday, October 16, 1999, throughout this great All-America City, as
ATTEST:
Mary F. Parker/
City Clerk
,,~sE THE ROOF OAr"
David A. Bowers
Mayor
Roanoke
RECEIVED
CITY CLERKS OFFICE
City Public Schools
Publia Information Offiae · P.O. Box 13145, I~oanoke, Virginia 24031
Telephone: ($40) 853-2816 · Fax: (540) 853-2817
'gg SEP20 P3:10
September 17, 1999
Mrs. Mary Parker
Clerk to City Council
City Municipal Building
215 Church Avenue
Roanoke, VA 24011
Dear Mrs. Parker:
The Roanoke City Public Schools welcomes the opportunity to share instructional innovations and
highlights with City Council. The Superintendent requests that a presentation on the "Performing Arts
Program," no longer than 15 minutes in length, be included as an agenda item for the 2:00 p.m. session of
the City Council meeting on Monday, October 4, 1999.
Dr. Harris will present an overview of the program. Students from the Westside School of Performing
and Visual Arts will perform a dance selection. If possible, we would like to request a time slot toward the
beginning of the Agenda as our students are dismissed from school at 3 p.m.
We look forward to this sharing opportunity with Council. If I may answer any additional questions,
please don't hesitate to call (2816).
/sd
Sincerely,
Public Information Officer
cc:
Mr. James Ritchie
Dr. E. Wayne Harris
Excellence in Education
April 1, 1999
zl
GOVERNMENT FINANCE
OFFICERS ASSOCIATION
180 North Michigan Avenue, Suite 800, Chicago, Illinois 60601
312/977-9700 · Fax: 312/977-4806
The Honorable David A. Bowers
Mayor
City of Roanoke Pension Plan
215 Church Avenue SW
Roanoke, VA 24011
Dear Mayor Bowers:
We are pleased to notify you that your comprehensive annual finan-
cial report for the fiscal year ended June 30, 1998 qualifies
for a Certificate of Achievement for Excellence in Financial
Reporting. The Certificate of Achievement is the highest form of
recognition in Public Employee Retirement System (PERS) accounting
and financial reporting, and its attainment represents a signifi-
cant accomplishment by a PERS and its management.
When a Certificate of Achievement is awarded to a PERS, an
Award of Financial Reporting Achievement is also presented to the
individual designated by the PERS as primarily responsible
for its having earned the certificate. Enclosed is an Award of
Financial Reporting Achievement for: Rosemary Trussell,
Retirement Accountant.
The Certificate of Achievement plaque will be shipped under sepa-
rate cover in about eight weeks. We hope that you will arrange for
a formal presentation of the Certificate and Award of Financial
Reporting Achievement, and that appropriate publicity will be given
to this notable achievement. To assist with this, enclosed are a
sample news release and the Certificate Program "Results" for reports
with fiscal years ended during 1997 representing the most recent
statistics available.
We hope that your example will encourage other PERS officials in
their efforts to achieve and maintain an appropriate standard of
excellence in financial reporting.
Sincerely,
GOVERNMENT FINANCE OFFICERS ASSOCIATION
~teph~n J. Gauthier
Director/Technical Services Center
SJG/ds
Enclosures
WASHINGTON OFFICE
1750 K Street, N.W., Suite 650, Washington, DC 20006
202/429-2750 · Fax: 202/429-2755
April 1, 1999
GOVERNMENT FINANCE
OFFICERS ASSOCIATION
180 North Michigan Avenue, Suite 800, Chicago, Illinois 60601
312/977-9700 · Fax: 312/977-4806
For information contact:
NEWS RELEASE Stephen Gauthier (312) 977-9700
(Chicago)--The Certificate of Achievement for Excellence in Finan-
cial Reporting has been awarded to: City of Roanoke Pension Plan, VA,
by the Government Finance Officers Association of the United States
and Canada (GFOA) for its comprehensive annual financial report
(CAFR). The Certificate of Achievement is the highest form of
recognition in the area of public employee retirement system
(PERS) accounting and financial reporting, and its attainment
represents a significant accomplishment.
An Award of Financial Reporting Achievement has been awarded
to the individual designated by the government as primarily
responsible for preparing the award-winning CAFR. This has been
presented to:
Rosemary Trussell, Retirement Accountant
The CAFR has been judged by an impartial panel to meet the
high standards of the program including demonstrating a construc-
tive "spirit of full disclosure,, to clearly communicate its
financial story and motivate potential users and user groups
to read the CAFR.
The GFOA is a nonprofit professional association serving
approximately 13,500 government finance professionals with offices
in Chicago, Illinois, and Washington, D.C.
- 30 -
WASHINGTON OFFICE
1750 K Street, N.W., Suite 650, Washington, DC 20006
202/429-2750 · Fax: 202/429-2755
PRESENTATION OF THE CERTIFICATE OF ACHIEVEMENT
FOR EXCELLENCE IN FINANCIAL REPORTING
The Certificate of Achievement for Excellence in Financial
Reporting is the highest form of recognition for state and local
governments. The Certificate program thereby advocates that
recipients be formally recognized for their outstanding accom-
plishments. If you would like a formal presentation of the
Certificate of Achievement plaques, you should contact your GFOA
State Representative. Your representative,s mailing address and
phone number is as follows:
703/435-8121
Ms. Mary C. Kemp
Director of Finance
Town of Herndon
777 Lynn Street
P.O. Box 427
Herndon, VA 20172-0427
703/435-6810
July 9, 1999
GOVERNMENT FINANCE
OFFICERS ASSOCIATION
180 North Michigan Avenue, Suite 600, Chicago, Illinois 60601
312/977-9700 · Fax: 312/977-4806
The Honorable David A. Bowers
Mayor
City of Roanoke
Municipal Building, Room 452
215 Church Avenue, SW
Roanoke, Virginia 24011
Dear Mayor Bowers:
We are pleased to notify you that your comprehensive annual finan-
cial report for the fiscal year ended June 30, 1998 qualifies
for a Certificate of Achievement for Excellence in Financial
Reporting. The Certificate of Achievement is the highest form of
recognition in governmental accounting and financial reporting,
and its attainment represents a significant accomplishment by a
government and its management.
When a Certificate of Achievement is awarded to a government, an
Award of Financial Reporting Achievement is also presented to the
individual designated by the government as primarily responsible
for its having earned the certificate. Enclosed is an Award of
Financial Reporting Achievement for: Ann H. Allen,
Manager of Accounting Services.
The Certificate of Achievement plaque will be shipped under sepa-
rate cover in about eight weeks. We hope that you will arrange for
a formal presentation of the Certificate and Award of Financial
Reporting Achievement, and that appropriate publicity will be given
to this notable achievement. To assist with this, enclosed are a
sample news release and the Certificate Program "Results" for reports
with fiscal years ended during 1997 representing the most recent
statistics available.
We hope that your example will encourage other government offi-
cials in their efforts to achieve and maintain an appropriate
standard of excellence in financial reporting.
Sincerely,
GOVERNMENT FINANCE OFFICERS ASSOCIATION
Director/Technical Services Center
SJG/ds
WASHINGTON OFFICE
1750 K Street, N.W., Suite 650, Washington, DC 20006
202/429-2750 · Fax: 202/429-2755
GOVERNMENT FINANCE
OFFICERS ASSOCIATION
180 No~h Michigan ~enue, Suite 800, Chicago, Illinois 60601
312/977-9700 · Fax: 312/977-4806
July 9, 1999
For information contact:
NEWS RELEASE Stephen Gauthier (312) 977-9700
(Chicago)--The Certificate of Achievement for Excellence in Finan-
cial Reporting has been awarded to: City of Roanoke, VA,
by the Government Finance Officers Association of the United States
and Canada (GFOA) for its comprehensive annual financial report
(CAFR). The Certificate of Achievement is the highest form of
recognition in the area of governmental accounting and finan-
cial reporting, and its attainment represents a significant
accomplishment by a government and its management.
An Award of Financial Reporting Achievement has been awarded
to the individual designated by the government as primarily
responsible for preparing the award-winning CAFR. This has been
presented to:
Ann H. Allen, Manager of Accounting Services
The CAFR has been judged by an impartial panel to meet the
high standards of the program including demonstrating a construc-
tive "spirit of full disclosure" to clearly communicate its
financial story and motivate potential users and user groups
to read the CAFR.
The GFOA is a nonprofit professional association serving
approximately 13,500 government finance professionals with offices
in Chicago, Illinois, and Washington, D.C.
- 30 -
WASHINGTON OFFICE
1750 K Street, N.W., Suite 650, Washington, DC 20006
202/429-2750 · Fax: 202/429-2755
PRESENTATION OF THE CERTIFICATE OF ACHIEVEMENT
FOR EXCELLENCE IN FINANCIAL REPORTING
The Certificate of Achievement for Excellence in Financial
Reporting is the highest form of recognition for state and local
governments. The Certificate program thereby advocates that
recipients be formally recognized for their outstanding accom-
plishments. If you would like a formal presentation of the
Certificate of Achievement plaques, you should contact your GFOA
State Representative. Your representative's mailing address and
phone number is as follows:
?03/435-8 2
Ms. Mary C. Kemp
Director of Finance
Town of Herndon
777 Lynn Street
P.O. Box 427
Herndon, VA 20172-0427
703/435-6810
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
July 6, 1999
12:15 p.m.
The Council of the City of Roanoke met in regular session on Tuesday, July 6,
1999, at 12:15 p.m., the regular meeting hour, in the City Council Chamber, fourth
floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor
David A. Bowers presiding, pursuant to Rule 1, Reqular Meetings, of Section 2-15,
Rules of Procedure, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E.
Swain, James O. Trout, William White, Sr. and Mayor David A. Bowers ................ 6.
ABSENT: Council Member Linda F. Wyatt ................................................ 1.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S.
Akers, Acting Assistant City Manager; William M. Hackworth, City Attorney; James D.
Grisso, Director of Finance; and Mary F. Parker, City Clerk.
At 12:17 p.m., the Mayor declared the meeting in recess.
At 12:20 p.m., the meeting reconvened in the Social Services Conference
Room, Room 306, Municipal North, with Mayor Bowers presiding, and all Members
of the Council in attendance, with the exception of Council Member Wyatt.
HOUSING/AUTHORITY: Following lunch, a joint meeting of the Roanoke City
Council and the City of Roanoke Redevelopment and Housing Authority was called
to order at 12:45 p.m., in the Social Services Conference Room, Room 306, Municipal
Building North, with Mayor David A. Bowers and Chairman Willis M. Anderson
presiding.
CITY COUNCIL MEMBERS PRESENT: C. Nelson Harris, W. Alvin Hudson, Jr.,
Carroll E. Swain, James O. Trout, William White, Sr. and Mayor David A. Bowers-6.
CITY COUNCIL MEMBERS ABSENT: Linda F. Wyatt ................................. 1.
ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY COMMISSIONERS
PRESENT: H. Victor Gilchrist, Joseph F. Lynn, Carolyn M. Bumbry, Christie L. Kelsey
and Chairperson Willis M. Anderson ................................................................. 5.
ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY COMMISSIONERS
ABSENT: Ben J. Fink and James W. Burks, Jr.- ................................................. 2.
OTHERS PRESENT: Representing the City of Roanoke: James D. Ritchie, Sr.,
Acting City Manager; Diane S. Akers, Acting Assistant City Manager; William X
Parsons, Assistant City Attorney; James D. Grisso, Director of Finance; Mary F.
Parker, City Clerk; Willard N. Claytor, Director, Real Estate Valuation; Kit B. Kiser,
Director, Utilities and Operations; Glenn D. Radcliffe, Director, Human Development;
Robert K. Bengston, Acting Director, Public Works; George C. Snead, Jr., Director,
Public Safety; representing the Roanoke Redevelopment and Housing Authority:
John Baker, Executive Director; Evelyn Ringler, Administrative Assistant to the
Executive Director; Dave Baldwin, Director of Housing; Robert Michaux, Director of
Public Development; Fred A. Johnson, II, Director of Development; Dan Campbell,
Director of Rehabilitation; Roger Vest, Director of Construction; Kalina Cummings,
Project Coordinator; and Angela Penn, Information Officer.
The Mayor welcomed Commissioners and staffofthe Housing Authority to the
meeting which is held annually to discuss matters of mutual interest and concern.
Chairman Anderson advised that throughout the year, the Housing Authority
strives to keep Council fully informed on the progress of various programs and
projects. He stated that the year 1999 will mark the 50th Anniversary of the Roanoke
Redevelopment and Housing Authority and it is a tiffing time to reaffirm their
commitment to the progress of the City and to a continuation of the partnership that
exists between the Housing Authority and its staff and the City Council and its staff.
He advised that the Board of Commissioners is pleased to have John Baker as its
Executive Director and commended him and the staff on their dedication to the
Housing Authority and to its programs.
Mr. Anderson referred to the Lincoln 2000 project and award of the HOPE VI
$15 million grant from the Department of Housing and Urban Development. He
advised that the mission of Lincoln 2000 is to eliminate the physical and social
isolation of the Lincoln Terrace community by combining significant physical
improvements with increased opportunities for education and job training, and, in
effect, the Lincoln Terrace community will be rebuilt. He explained that a
supplemental letter was sent to HUD, along with other required information in
connection with the project, and the next review by HUD will be completed within 45
- 60 days, and meetings have been held with City staff to coordinate financing. He
added that as an adjunct to the Lincoln 2000 project, plans are underway for
rehabilitation of the Washington Park neighborhood and a first loan has been
approved for a homeowner on Dupree Street which is the first step toward a goal of
rehabilitating 50 homes in the area. He noted that community supporters and
partners with whom the Housing Authority is working to make Lincoln 2000 and
2
Washington Park a reality are: City of Roanoke, Blue Ridge Center for Independent
Living, Marsh Witt, First Virginia Bank, Total Action Against Poverty, Community
Oriented Policing Effort (C.O.P.E.), Roanoke City Schools, Northwest Neighborhood
Environmental Organization, Washington Park Alliance, First Baptist Church,
Historic Gainsboro, Hill Street Baptist Church, Roanoke Chapter of the N.A.A.C.P.,
Southern Christian Leadership Conference, Roanoke Department of Social Services
and Addison Aerospace Magnet School.
Mr. Anderson advised that in addition to the Lincoln 2000 project, the Housing
Authority is involved in a number of other projects; i.e.:
Redevelopment Projects:
General Office Building South (Norfolk and Southern)
Conformed property to new market rate apartment housing and the project is
on schedule.
Revitalization of one entire block of Melrose Avenue - the Housing Authority
acquired, by purchase, all of the property on the north side of the street and
plans to erect ten new houses to encourage new future rehabilitation.
Bond re-financing for Hotel Roanoke - a first mortgage loan, and as a result
the Hotel Roanoke Management Company will pay less interest and the
balloon payment has been extended by several years; and temporary bond
financing for the Jefferson Center for the new auditorium has been arranged.
Community Partnerships:
Developed an employee resource center with the Department of Rehabilitative
Services.
Helped to install Boys and Girls Clubs in some communities.
Participated with Roanoke City Public Schools in the Even Start Program.
Continuing Programs:
Drug Elimination Grant
Site Based Management program
Line of Credit with Crestar Bank
3
Mr. Anderson advised that the Housing Authority received a 92.55 score on its
Public Housing Management Assessment Program which means that the Roanoke
Redevelopment and Housing Authority is one of the high performance authorities
in the United States.
An inquiry was made as to whether the Housing Authority has developed a
long range plan for market rate single family housing close to the downtown area;
whereupon, Mr. Anderson advised that all single family housing is administered as
assisted housing, although in terms of quality, most of the new homes are market
rate or close to market rate.
Mr. Baker explained that the Housing Authority has investigated market rate
housing which is defined as being in the range of $80,000.00 - $125,000.00 for single
family homes, and the Housing Authority is negotiating on two parcels of land that
could provide as many as 40 single family homes in that price range. He added that
the homes to be constructed on Melrose Avenue are in the $80,000.00 price range
and the Housing Authority would like to build a product that is compatible with the
neighborhood that will be long lasting and affordable to families who wish to live in
the area. He advised that the Housing Authority is interested in developing market
rate single family houses and as opportunities arise and financing is available they
will proceed accordingly.
Question was raised as to whether there are plans for housing improvements
from Orange Avenue to Ninth Street to 25th Street, N. W.; whereupon, Mr. Baker
advised that there are no specific plans for property in that area, the Housing
Authority owns some property from 10th Street to 1-581 on Orange Avenue and from
Burrell Avenue to 10th Street which is a part of the Lincoln 2000/Washington Park
neighborhood revitalization effort, and property along Orange Avenue is important
to the Lincoln 2000/Washington Park effort but from 10th Street up, no current plans
exist. He added that within the existing framework of funds, the Housing Authority
can investigate the matter to determine what can be done in conjunction with City
staff.
Mr. Baker was requested to define the boundaries of the Washington Park
area revitalization; whereupon, he advised that the boundaries are generally 1-581
to the east and north and Orange Avenue and 10th Street.
On behalf of the Members of Council, the Mayor congratulated the Housing
Authority upon its 92 per cent approval rating by national standards by the U. S.
Department of Housing and Urban Development. He also congratulated the Housing
Authority on 50 years of service to the Roanoke community.
4
At 1:20 p.m., there being no further business, the Mayor declared the meeting
of Roanoke City Council in recess until 2:00 p.m., in the City Council Chamber, 215
Church Avenue, S. W., City of Roanoke, Virginia.
At 2:00 p.m., on Tuesday, July 6, 1999, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with the following Council Members in
attendance, Mayor Bowers presiding.
PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., Carroll E.
Swain, James O. Trout, William White, Sr. and Mayor David A. Bowers ................ 6.
ABSENT: Council Member Linda F. Wyatt ................................................ 1.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; William M.
Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker,
City Clerk.
The reconvened meeting was opened with a prayer by The Reverend Kenneth
Patrick, Pastor, Huntington Court United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
STATE OF THE CITY REPORTS: The Mayor presented his 1999
State of the City Address.
Mr. Hudson moved that the following recommendations be
referred to the Acting City Manager and to 2000-01 budget study. The
motion was seconded by Mr. Trout and adopted.
Support and endorsement of a $1 million pledge to the building
of an estimated $10 million Imax Theater in downtown Roanoke;
Authorize the City Administration to research the impact and
explore the feasibility of increasing the water supply for the City
in certain ways as more fully described in the State of the City
report;
5
Development of a Public Safety Cadet Corps consisting of young
people in Roanoke's High Schools who will be trained as future
public safety officers, who, in the future, can serve in the
Sheriff's Office, the Police Department, Emergency Medical
Services, Fire Department, or 911 Communications system; and
Join President Clinton's new initiative on race, entitled "One
America" and request the City Administration to form a citizens'
committee to identify concrete policies to address critical race-
based problems and bring Roanoke into the nation-wide "One
America" Program".
(For full text, see State of the City Address on file in the City Clerk's
Office.)
PRESENTATIONS:
SISTER CITIES: David K. Lisk, Executive Director, Roanoke Sister
Cities, Inc., presented an overview with regard to a recent visit to St. Lo
France, one of Roanoke's Sister Cities, by a delegation from the
Roanoke Valley which was led by Mayor Bowers.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form, or forms, listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately. He
called specific attention to one request for a Closed Meeting to discuss
personnel matters with regard to vacancies on various authorities,
boards, commissions and committees appointed by the Council.
COMMITTEES-COUNCIL: A communication from Mayor David A.
Bowers requesting that Council convene in a Closed Meeting to
discuss personnel matters relating to vacancies on various authorities,
boards, commissions and committees appointed by the Council,
pursuant to Section 2.1-344 (A)(I), Code of Virginia (1950), as amended,
was before the body.
(For full text, see communication on file in the City Clerk's Office.)
6
ACTION:
ACTION:
Mr. White moved that Council concur in the request of the Mayor
to convene in a Closed Meeting to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and
committees appointed by the Council, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Swain and adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers ............................................................................. 6.
NAYS: None ................................................................ ~ ....... 0.
(Council Member Wyatt was absent.)
PURCHASE/SALE OF PROPERTY-ECONOMIC DEVELOPMENT:
A report of the Acting City Manager requesting that Council schedule
a public hearing for Monday, July 19, 1999, at 7:00 p.m., or as soon
thereafter as the matter may be heard, to receive input on the
conveyance of real estate identified as Official Tax Nos. 2012705,
2012706 and 2012707, being property located at the corner of Gilmer
Avenue and Gainsboro Road, N. W., which is proposed to be sold for
economic development purposes, pursuant to Title 15.2 of the Code of
Virginia, 1950, as amended, which requires that no real property of the
City shall be disposed of until the governing body has held a public
hearing, was before Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request and
schedule a public hearing for Monday, July 19, 1999, at 7:00 p.m. The
motion was seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member Wyatt was absent.)
TRAFFIC-COMMITTEES-TRANSPORTATION SAFETY: A
communication from Ramey A. Bower tendering his resignation as a
member of the City of Roanoke Transportation Safety Commission,
effective July 1, 1999, was before Council.
7
ACTION:
(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 Harris, Hudson, Swain, Trout, White and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member Wyatt was absent).
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
COMPLAINTS-PLANNED PARENTHOOD: The Acting City
Attorney and the Acting City Manager submitted a joint written report
advising that at the meeting of June 21, 1999, Council addressed the
matter of relocation of Planned Parenthood of the Blue Ridge, Inc., to
Peters Creek Road N. W., and requested that they determine whether
applicable legal requirements regarding the above-referenced
development have been met and also whether the City had a
responsibility to notify the residents in the area that Planned
Parenthood intended to relocate to the neighborhood.
The Acting City Attorney and the Acting City Manager further
advised that according to information which has been received, the
parcel of land on which Planned Parenthood plans to build was
acquired from FFW Developers, L. L. C.; for a number of years, the
property has been zoned C-2, General Commercial District, which
zoning is appropriate for medical clinics; consistent with legal
requirements, Planned Parenthood has received approval from the
agent for the City Planning Commission and the City Engineer of its
comprehensive plan of development; a land disturbing permit has been
issued by the City's Erosion and Sediment Control Administrator;
consistent with Article II of the City Code and §107.1 of the BOCA
National Building Code (1996), it is anticipated that revised building
plans will be submitted for approval in the near future; and no street
closure, variance or special exception is needed for the project.
8
The Acting City Manager and the Acting City Attorney pointed out
that they know of no legal authority for the City to become involved in
any aspect of Planned Parenthood's project, other than through the
perfunctory issuance of permits upon the receipt of appropriate plans
and documents; City officials are responsible for insuring that the
project complies with all legal requirements and are bound to issue
permits if legal requirements are met; if the property were being
rezoned, notice to adjoining property owners would be required by law;
there is no legal requirement that adjoining property owners be notified
of the proposed construction of a facility to be located on land which
is properly zoned for such use; those uses of property which are
permitted by right are routinely processed and approved without public
notification; though not required by law, the City does notify adjacent
land owners and neighborhood organizations of public hearings on
land use and development matters when special permits, zoning
changes, or Planning Commission approval are required; and in
addition, all plans which are submitted for review are a matter of public
record and are available for public inspection.
It was explained that in light of some of the statements made at
the last Council meeting, the minutes of Council for July 20, 1998,
August 3, 1998, and October 7, 1998 were researched; at each of these
meetings, the proposed development of the property by Habitat for
Humanity of the Roanoke Valley, Inc., was discussed, and there was no
commitment by Council to notify neighborhood residents of proposed
uses of either the property which Habitat owned or of other properties
in the area; however, neighbors were kept apprised of the City's plans
with regard to the property which the City purchased from Habitat; and
it is the intent of the City administration to maintain ongoing
communication with the neighborhood so as to inform the community
of issues that may affect residents.
(For full text, see report on file in the City Clerk's Office.)
Mr. Kermit E. Plummer, 1652 Garstland Drive, N. W., called
attention to concerns of residents as a result of the proposed
relocation of Planned Parenthood to the Westview community. He
stated that the land is properly zoned, however, zoning is not the issue,
rather, the issue is that property owners were not timely notified as was
promised in the minutes of the meeting of City Council held on Monday,
Aug ust 3, 1998. He stated that Westview Terrace property owners have
rights under the Constitution of the United States of America to live in
peace, happiness and the pursuit of liberty in their homes.
9
The Reverend Merle Whitback, 1806 Angus Road, N. W., advised
that he is a property owner, a taxpayer, and a voter in the City of
Roanoke; and Members of City Council are elected to office by the
citizens of the City of Roanoke and the City Council meeting is the only
forum by which citizens have an opportunity to express their concerns.
He stated that residents of the Westview Community have a point of
view that needs to be heard and understood. He spoke against
abortion and advised that the Planned Parenthood project violates the
conscience of the residents of the area. He asked that Council take the
necessary action to hold the project in abeyance for further review
before allowing Planned Parenthood to relocate to the northwestern
quadrant of the City with all of the inherent danger and violence that
other Planned Parenthood facilities have experienced across the United
States.
Ms. Irene Williams, 1657 Garstland Drive, N. W., inquired about
her constitutional rights as a citizen of the City of Roanoke to be able
to enjoy peace and tranquility in her home. She expressed concern
with regard to the violence that has occurred at other Planned
Parenthood facilities throughout the United States. She also expressed
concern about the kind of growth that is occurring in Roanoke and
noted that she would prefer a better educational system and more job
opportunities for Roanoke's young people so that they will return to the
Roanoke Valley to live and work after receiving their college education.
She advised that Planned Parenthood does not represent the kind of
growth that Roanoke needs.
Mr. Trout moved that the report of the Acting City Manager and
the Acting City Attorney be received and filed. The motion was
seconded by Mr. Swain and adopted.
PETITIONS AND COMMUNICATIONS: None
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
10
BUDGET-HOTEL ROANOKE CONFERENCE CENTER: The Acting
City Manager submitted a written report advising that the City of
Roanoke and Virginia Tech are participating entities in the Hotel
Roanoke Conference Center Commission; Council authorized
establishment of an Agency Fund entitled, "Hotel Roanoke Conference
Center Commission" on July 27, 1992; and Section 22 of the Hotel
Roanoke Conference Center Commission Act (Enabling Legislation)
supports the fact that participating parties may contribute funds to the
Commission to expend such revenues for their proper purposes; and
legislation further contemplates that contributions can be made in the
event that a deficit occurs in either the operating or capital budgets for
any approaching fiscal year.
It was further advised that the Hotel Roanoke Conference Center
Commission operating budget funds personal services, administrative
costs, working capital as needed in the operation of the Center and
provides for some funding of future capital needs at the facility; on
November 20, 1997, the Hotel Roanoke Conference Center Commission
created the Owners Reserve Account in anticipation of the need by the
Commission to accumulate funding reserves to meet future capital
needs of the facility; funding to the Owners Reserve Account is made
from the Conference Center and the Commission budget based on
existing working capital at year end; the operating budget for the Hotel
Roanoke Conference Center Commission must be approved by Council
and the Virginia Tech Board of Visitors per Sections 21B and 21C of the
Hotel Roanoke Conference Center Commission Act; and operating
subsidies are to be equally divided between the City of Roanoke and
Virginia Tech.
It was explained that the fiscal year 1999-2000 operating budget
for the Hotel Roanoke Conference Center Commission anticipates
operating expenses in the amount of $350,000.00; in addition to
providing funds for personal services and administrative costs, the
budget reflects minimum anticipated funding to pay for continued
professional services and other needs which are a direct result of
pending litigation and building repair needs; certain costs are
anticipated to be recoverable to the Commission through pending law
suits; the Commission's Five-Year Capital Plan anticipates a deficit by
fiscal year 2003-04, and the plan anticipates expenses in the amount of
$944,890.00; and the Commission's Owners Reserve Account will have
$948,500.00 available to meet these capital expenses as of June 30,
1999.
11
ACTION:
ACTION:
The Acting City Manager recommended that Council approve the
Hotel Roanoke Conference Center Commission operating budget for
fiscal year 1999-2000; and appropriate $350,000.00 to the Conference
Center Agency Fund accounts as established by the Director of Finance
and establish revenue estimates of $175,000.00, each, for City of
Roanoke and Virginia Tech contributions.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency budget ordinance:
(#34364-070699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Hotel Roanoke Conference Center
Commission Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 68.)
Mr. White moved the adoption of Ordinance No. 34364-070699.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member Wyatt was absent.)
Mr. White offered the following resolution:
(#34365-070699) A RESOLUTION approving the annual operating
budget of the Hotel Roanoke Conference Center Commission for Fiscal
Year 1999-2000.
(For full text of Resolution, see Resolution Book No. 62, page 69.)
Mr. White moved the adoption of Resolution No. 34365-070699.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
12
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member Wyatt was absent.)
CONVENTION AND VISITORS BUREAU-TOURISM: The Acting
City Manager submitted a written report advising that Council adopted
an annual operating budgetwhich included $637,940.00 to the Roanoke
Valley Convention and Visitors Bureau (RVCVB) for fiscal year 1999-
2000, and includes a one-time contribution of $96,500.00 for capital
needs; Council requests assistance from the RVCVB in marketing and
selling Roanoke and desires assurance that funds will be used for
these purposes; and the City Administration has negotiated an
agreement with the RVCVB to insure that the City's funds will be used
for these purposes.
It was further advised that the Roanoke Valley Convention and
Visitors Bureau will submit a budget setting forth anticipated
expenditures of City funds involved no later than July 30, 1999, for
approval by the City Manager.
The Acting City Manager recommended that Council authorize
four equal payments totaling $637,940.00 (which includes the one-time
contribution of $96,500.00 for capital needs) to the Roanoke Valley
Convention and Visitors Bureau, and authorize the Acting City Manager
to execute an agreement with the Roanoke Valley Convention and
Visitors Bureau for the express purpose of marketing the Roanoke
Valley as a regional destination for convention, conference, leisure and
business travel for a term of one year.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
"A RESOLUTION authorizing an agreement with the Roanoke
Valley Convention and Visitors Bureau for the purpose of increasing
tourism in the Roanoke Valley."
Mr. Hudson moved the adoption of the resolution. The motion
was seconded by Mr. Harris.
13
Mr. White advised that he has had an ongoing concern regarding
the diversity of the workforce of the Roanoke Valley Convention and
Visitors Bureau, and inquired as to any actions taken over the past year
to provide for a more diversified workforce.
David L. Kjolhede, Executive Director, Roanoke Valley
Convention and Visitors Bureau, advised that there has been very little
staff turn over during his tenure as Executive Director. He stated that
the Convention and Visitors Bureau is committed to addressing
diversity issues and as staff turn over occurs, those issues will be
considered.
The resolution was lost by the following vote:
AYES: Council Members Harris, Hudson and Trout ................ 3.
NAYS: Council Members White, Swain and Mayor Bowers ...... 3.
(Council Member Wyatt was absent.)
(For additional discussion on this item, see page 38.)
GRANTS-FDETC: The Acting City Manager submitted a written
report advising that the City of Roanoke receives entitlement grants
each year under the Community Development Block Grant (CDBG) and
HOME Investment Partnerships (HOME) programs of the U. S.
Department of Housing and Urban Development (HUD); HUD approval
of the City's fiscal year 1999-2000 CDBG application is forthcoming
pending a routine Congressional release process; Section 2-124 of the
City Code authorizes the City Manager to execute any and all
documents and amendments thereto relating to any grant funds or
subgrants of funds to subrecipients which are the subject of
subsection (a) of this section, and the conditions therein, up to
$25,000.00; for more than ten years, FDETC has received HUD funding
from the City to conduct employment training and individualized job
placement services for Iow to moderate income job seekers; and the
FDETC has been successful in training Iow to moderate income job
seekers so that they may obtain employment.
It was further advised that as part of the City's 1999-2000 budget
process, the FDETC requested funds for operating costs related to
administering the program; and Council authorized $38,700.00 in CDBG
14
ACTION:
funds for the FDETC as part of the Consolidated Plan Annual Update
(Annual Update) approved for submission to HUD on May 11, 1999,
pursuant to Resolution No. 34281-051199.
The Acting City Manager recommended that he be authorized to
execute a CDBG agreement with the Fifth District Employment and
Training Consortium and amendments thereto, if necessary, to be
approved as to form by the City Attorney, with any such amendment to
be within the limits of funds appropriated by Council and for the
purposes set forth in the Agreement for the project.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34367-070699) A RESOLUTION authorizing the Acting City
Manager to execute an administrative agreement and any necessary
amendments thereto with the Fifth District Employment and Training
Consortium for implementation of various Community Development
Block Grant programs.
(For full text of Resolution, see Resolution Book No. 62, page 71.)
Mr. Trout moved the adoption of Resolution No. 34367-070699.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member Wyatt was absent.)
SEWERS AND STORM DRAINS: The Acting City Manager
submitted a written report advising that the Roanoke River Interceptor
Sewer Replacement is part of the renovation and expansion of joint use
sewer facilities considered by Council at its meeting on December 13,
1993; the Roanoke River Interceptor Sewer Replacement project
replaces the existing interceptor sewer from the Water Pollution
Control Plant to the Salem City limit; Contracts C, D, & E replace the
15
existing Roanoke River Interceptor from Wasena Park at Winchester
Street to the Salem City limit; and these contracts represent a total of
20,245 feet (3.8 miles) of sewer replacement, which is 39.0 per cent of
the total project length of 51,870 feet (9.82 miles).
It was further advised that the project has progressed well to
date and is approximately 80 per cent complete with a scheduled
completion date of September 23, 1999; the proposed sewer alignment
through the Hannah Court Mobile Home Park required the relocation of
approximately 33 mobile homes to permit construction of the new
sewer main; environmental concerns at the proposed mobile home
relocation site have made the original sewer alignment and mobile
home relocation impossible; an estimated additional $400,000.00 was
budgeted to provide for the work; the proposed sewer alignment has
been revised and the sewer can be built without moving any mobile
homes; the new design will require substantial additional work for the
contractor which will include handling excavated material multiple
times due to limited work space, extra time will be needed to haul and
place concrete and pipe, and extra time will be needed for blasting due
to limitations imposed by the proximity of the mobile homes; the
contractor will also need to re-pave private streets damaged by the
construction; and proposed Change Order No. 4 will provide for the
above listed items at a total cost of $654,974.32.
It was explained that construction cost of the project (Contracts
C, D, & E) is estimated as follows:
Initial Contract
Change Order No. 1
Change Order No. 2
Change Order No. 3
Proposed Change Order No. 4
$12,931,078.00
19,200.00
63,420.00
250,944.29
654,974.32
Total $13,919,616.61
Total change orders to date, including proposed Change Order No. 4,
are equivalent to 7.1 per cent of the initial agreement value.
The proposed change order cost is apportioned between participating
jurisdictions as follows:
City of Roanoke
City of Salem
Roanoke County
36.7% $240,375.58
33.7% $220,726.34
29.6% $193,872.40
100.0% $654,974.32
16
The Acting City Manager recommended that he be authorized to
execute Change Order No. 4, in a form to be approved by the City
Attorney, with Casper Colosimo & Son, Inc., in the amount of
$654,974.32 and 90 additional calendar days of contract time.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency ordinance:
(#34368-070699) AN ORDINANCE authorizing the City Manager's
issuance of Change Order No. 4 to the City's contract with Casper
Colosimo & Son, Inc., for the Roanoke River Interceptor Sewer
Replacement Contracts C, D & E; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 72.)
ACTION:
Mr. Harris moved the adoption of Ordinance No. 34368-070699.
The motion was seconded by Mr. Hudson.
Mr. James Leonard, 1935 Hope Road, S. W., advised that on
November 16, 1998, this item was included on the agenda in the form
of a pubic hearing that the City of Roanoke convey a portion of certain
property to be acquired by the City for infrastructure improvements in
connection with construction of the Roanoke River Interceptor Sewer
Replacement Project. He stated that December 7, 1998, Ordinance No.
34096-120798 was considered and adopted by Council on its second
reading, at which time he raiSed the following questions: (1) who will
the property be purchased from and who will the property be conveyed
to, (2) what is the purchase price of the property, (3) what is the scope
of the work, (4) what is the cost of the work, (5) who is the related entity
to whom or to which the property is to be resold, and (6) what is the
price at which the property is to be resold. He further stated that since
raising the above questions on December 7, he has learned that Sewer
Map No. 122 shows the necessary easements for the sewer line, and
the City already owns the easements, and the Roanoke River
Interceptor Sewer Project, Page C-19, Contract C, shows 46 mobile
homes in the 100 year flood plain; whereupon, he inquired if the report
currently under consideration by Council is intended to address a
problem which was discovered after removing a commercial building
and finding drums of toxic chemicals on the property.
17
Mr. Kiser advised that he met with Mr. Leonard to respond to his
questions. He explained that the issue pertains to the location of where
the Roanoke River approaches Hannah Court Trailer Park as part of an
unmandated project with the Department of Environmental Quality to
expand the Sewage Treatment Plant, and, in order to install server
interceptors, the City is causing the Roanoke River Interceptor to be
installed from the Sewage Treatment Plant to the City of Salem in
partnership with Roanoke County and the Town of Vinton. He further
explained that the pipeline is currently in place in an existing easement
and it was necessary to find a way to install a larger piece of pipe
through the trailer park, and the City's approach was to not cause
damage to the trailers, but to find a way to move the trailers, install the
pipeline and move the trailers back. He added that while it was not a
part of the construction contract, a $400,000.00 budget item was
included to design an expansion which included razing a commercial
building, installing new trailer pads, moving 18 trailers, installing the
pipeline, moving 18 additional trailers, installing the pipeline, etc., the
end result being 18 less trailers along the Roanoke River. He stated
that a development plan was prepared and when a contract to raze the
building was awarded, certain environmental issues were encountered;
resolving environmental issues is time consuming and ambiguous; the
City is under a mandated deadline to install the pipeline, therefor, so
the City requested that the contractor provide a recommendation,
however, the recommendation involved a considerable sum of money;
and through a series of negotiations, a change order is proposed that
provides, with an additional width of easements, for a new pipeline to
be installed along the existing pipeline behind the trailers, the bank will
be shored up, and it is the responsibility of the contractor to protect the
trailers. He explained that approximately $250,000.00 additional funds
will be spent than was anticipated in the budget; however, it is believed
to be the most effective way to complete the project.
Mr. Leonard stated that the current plan is not in question;
however, he questioned why itwas necessary to purchase a trailer park
when the City already owned an easement around the trailer park, and
was there no better way to move the trailers than to buy the trailer park,
demolish a building and build trailer pads.
Mr. Kiser advised that the City had to take title to the trailer park
to provide for a combining of the lot lines in order to accomplish the
physical improvements so that the City would not be working on private
property.
18
Ordinance No. 34368-070699 was adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member Wyatt was absent.)
BUDGET-FLOOD REDUCTION/CONTROL-UTILITIES: The Acting
City Manager submitted a written report advising that over the past 20
years, the City of Roanoke has been more damaged by flooding than
any other community in the Commonwealth of Virginia; the Federal
Emergency Management Agency (FEMA) has begun several new
programs to provide financial assistance to communities in their efforts
to protect flood-prone properties; and in November, 1996, the City
became the first community in FEMA's Region III to receive a grant for
the purchase of flood-prone properties (Garden City Project).
It was further advised that on December 15, 1998, the City of
Roanoke joined FEMA's new program known as "Project Impact";
under this program, the City has committed to continue making efforts
to reduce the impacts of future disasters; one of the City's primary
disaster concerns has historically been flooding; in an effort to reduce
the impact of future flooding on citizens, two grant applications were
submitted and approved by FEMA for the purchase of 12 additional
properties throughout the City of Roanoke; on November 6, 1998,
Delegate Vic Thomas was contacted by Roanoke City, Roanoke County
and the City of Salem to request additional State assistance with the
matching funds portion of their respective Mitigation Grant Projects;
FEMA had initially obligated $557,610.00 (75% of total program) for
program costs and an additional $15,870.00 for administrative costs;
remaining funding (25% of total program) was to be the responsibility
of the City; and the Commonwealth of Virginia originally committed to
contribute $37,500.00 toward the City's 25% responsibility.
It was explained that on March 1, 1999, Council adopted
Ordinance No. 34199-030199 which included appropriation of funds for
Floodplain Mitigation Acquisition; funding established for this program
included the following sources: [City - $150,000.00 (20%)] [State -
$37,500.00 (5%)] [Federal - $573,480.00 (75%)] for total project funding
of $760,980.00; the Commonwealth of Virginia, 1999 General Assembly
approved an additional $104,625.00 for the matching portion of the 1998
19
Mitigation Grant Project and the 1998 Floodplain Mitigation Assistance
Project; revised funding increased the State's contribution for these
programs to 12.5% of the overall estimated program cost; and on
March 3, 1999, FEMA approved $65,212.00 for the 1998 Floodplain
Mitigation Assistance Grant project to purchase one of the City's more
flood prone homes, which project will be combined with the 11 homes
included in the 1998 Mitigation Grant Project.
The Acting City Manager recommended that Council appropriate
$104,625.00 from the Commonwealth of Virginia and $65,212.00 from
FEMA to project Account No. 008-056-9658, "1998 Regional Mitigation
Project."
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#34369-070699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 73.)
ACTION:
Mr. Harris moved the adoption of Ordinance No. 34369-070699.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member Wyatt was absent.)
WATER RESOURCES-EQUIPMENT: The Acting City Manager
submitted a written report advising that bids are requested annually, on
a fiscal year basis, to provide and deliver estimated quantities of ductile
iron water pipe to the City; whereupon, the Acting City Manager
recommended that Council authorize the purchase of ductile iron water
pipe from Griffin Pipe Products Co., Inc., for a period of one year, on a
unit cost basis not anticipated to exceed $139,808.00, and reject all
other bids received by the City.
2O
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34370-070699) A RESOLUTION accepting the bid of Griffin Pipe
Products Company, Inc., made to the City for furnishing and delivering
ductile iron water pipe; and rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 62, page 74.)
Mr. Trout moved the adoption of Resolution No. 34370-070699.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member Wyatt was absent.)
LEGISLATION-CITY JAIL-PROCUREMENT CODE: The Acting City
Manager submitted a written report advising that the State Board of
Corrections develops standards for the operation of Jail facilities
throughout the Commonwealth of Virginia; the Roanoke City Sheriff's
Department, in order to comply with the above standards, must provide
appropriate food and food related items necessary for preparation of
three meals per day to those persons incarcerated in the Roanoke City
Jail; and specifications were developed and bids were received.
The Acting City Manager recommended that Council authorize
the purchase of food and food related items for the Roanoke City Jail
for a period of one year, with the option to renew for four additional one
year periods, as follows:
I. J. Company for an estimated annual cost of $398,656.00.
Interstate Brands Corporation for an estimated annual
cost of $46,738.00.
U. S. Food Service, Inc., for an estimated annual cost of
$907.00.
21
Quality Coffee Company for an estimated annual cost of
$43,316.00.
H & C Coffee Company for an estimated annual cost of
$9,720.00.
PYA Monarch, Inc., for an estimated annual cost of
$37,875.00.
Reject all other bids received.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following resolution:
(#34371-070699) A RESOLUTION accepting bids made to the City
for furnishing and delivering food and food related items for the
Roanoke City Jail for a period of one year with the option to renew for
four additional one-year periods, upon certain terms and conditions;
and rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 62, page 75.)
ACTION:
Mr. Hudson moved the adoption of Resolution No. 34371-070699.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member Wyatt was absent.)
Council Member Hudson expressed concern with regard to the
Commonwealth of Virginia~s bidding process and requested that the
matter be referred to the Legislative Committee and to the City Attorney
for review as to whether the State's bidding process can be made more
favorable to Virginia businesses/contractors, etc.
POLICE DEPARTMENT-BUDGET-GRANTS: The Acting City
Manager submitted a written report advising that the Omnibus Fiscal
Year 1998 Appropriations Act, Public Law 105-119, provides funding for
22
implementation of the Local Law Enforcement Block Grant Program
administered by the Bureau of Justice Assistance (BJA), U. S.
Department of Justice; the purpose of the Local Law Enforcement
Block Grant Program is to provide local governments with funds to
underwrite projects to reduce crime and to improve public safety;
Council authorized application for and acceptance of these grant funds
on July 20, 1998, pursuant to Resolution No. 33941-072098; Federal
funds from the grant to the City of Roanoke were awarded by the U. S.
Department of Justice, which renewed funding to Roanoke for the third
year under the program; funds will be used for enhanced police bicycle
patrol; over 3,885 hours of police overtime, as well as police bicycles
and uniforms have been provided as a result of the grant funding;
overtime has been directed at specific neighborhoods in the form of
officers on bicycle patrol; and selection of locations for bicycle patrol
included input from a Grant Advisory Board of citizens and public
officials.
It was explained that Federal Grant Revenue of $141,964.00 has
been received with only $126,190.00 of this amount having been
appropriated; and police bicycle patrol hours could be expanded
through allocation of this funding.
The Acting City Manager recommended that Council appropriate
funds from the Local Law Enforcement Block Grant; and appropriate
$15,774.00 to the following Grant Fund Accounts:
Police Overtime
FICA
035-050-3313-1003
035-050-3313-1120
$14,663.00
1,111.00
$15,774.00
Increase the Grant Fund Revenue estimate in Account No. 035-035-
1234-7282 by $15,774.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#34372-070699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 76.)
23
ACTION:
ACTION:
Mr. Harris moved the adoption of Ordinance No. 34372-070699.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member Wyatt was absent.)
CITY ATTORNEY: None.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The
Director of Finance submitted the Financial Report for the City of
Roanoke for the month of May, 1999.
(For full text, see Financial Report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the
Financial Report would be received and filed.
BUDGET: The Director of Finance submitted a written report
advising that at the close of fiscal year 1999, budgeted funds were
obligated for outstanding encumbrances; purchase orders or contracts
were issued for the goods and services as of the close of fiscal year
1999, but delivery of the goods or performance of the services has not
been completed; and reappropriation of funds carries forward unspent
budget funds that were originally appropriated and are contractually
obligated for the goods and services, as follows:
General Fund Open Encumbrances
Water Fund Open Encumbrances
Sewage Fund Open Encumbrances
Civic Center Fund Open Encumbrances
Transportation Fund Open Encumbrances
Hotel Roanoke Conference Center Fund
Open Encumbrances
City Information Systems Fund
Open Encumbrances
Management Services Fund Open Encumbrances
Fleet Management Fund Open Encumbrances
$1,621,465.00
407,003.OO
268,854.00
86,097.00
30,660.00
3,368.00
11,797.00
8,684.00
,422,818.00
24
ACTION:
ACTION:
Risk Management Fund Open Encumbrances $ 786.00
School Fund Open Encumbrances 1,614,397.00
The Director of Finance recommended that Council adopt
measures which will reappropriate the above listed funds to the current
year budget, in order that encumbrances may be properly liquidated.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#34373-070699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 77.)
Mr. Harris moved the adoption of Ordinance No. 34373-070699.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member Wyatt was absent.)
Mr. Hudson offered the following emergency budget ordinance:
(#34374-070699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Water Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 80.)
Mr. Hudson moved the adoption of Ordinance No. 34374-070699.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... 0.
25
ACTION:
ACTION:
(Council Member Wyatt was absent.)
Mr. Swain offered the following emergency budget ordinance:
(#34375-070699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Sewage Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 81.)
Mr. Swain moved the adoption of Ordinance No. 34375-070699.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... 0.
(Council Member Wyatt was absent.)
Mr. Trout offered the following emergency budget ordinance:
(#34376-070699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Civic Center Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 82.)
Mr. Trout moved the adoption of Ordinance No. 34376-070699.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... 0.
(Council Member Wyatt was absent.)
Mr. White offered the following emergency budget ordinance:
26
ACTION:
ACTION:
(#34377-070699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Transportation Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 83.)
Mr. White moved the adoption of Ordinance No. 34377-070699.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... 0.
(Council Member Wyatt was absent.)
Mr. Harris offered the following emergency budget ordinance:
(#34378-070699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Hotel Roanoke Conference Center Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 84.)
Mr. Harris moved the adoption of Ordinance No. 34378-070699.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... 0.
(Council Member Wyatt was absent.)
Mr. Hudson offered the following emergency budget ordinance:
(#34379-070699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 City Information Systems Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 85.)
27
ACTION:
ACTION:
ACTION:
Mr. Hudson moved the adoption of Ordinance No. 34379-070699.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... 0.
(Council Member Wyatt was absent.)
Mr. Swain offered the following emergency budget ordinance:
(#34380-070699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Management Services Fund Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 86.)
Mr. Swain moved the adoption of Ordinance No. 34380-070699.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... 0.
(Council Member Wyatt was absent.)
Mr. Trout offered the following emergency budget ordinance:
(#34381-070699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Fleet Management Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 87.)
Mr. Trout moved the adoption of Ordinance No. 34381-070699.
The motion was seconded by Mr. White and adopted by the following
vote:
28
ACTION:
ACTION:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... 0.
(Council Member Wyatt was absent.)
Mr. White offered the following emergency budget ordinance:
(#34382-070699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Risk Management Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 88.)
Mr. White moved the adoption of Ordinance No. 34382-070699.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... 0.
(Council Member Wyatt was absent.)
Mr. Harris offered the following emergency budget ordinance:
(#34383-070699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 School Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 88.)
Mr. Harris moved the adoption of Ordinance No. 34383-070699.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... 0.
29
(Council Member Wyatt was absent.)
REPORTS OF COMMITTEES:
CITY CODE-INDUSTRIES-WATER RESOURCES: Council Member
James O. Trout, Vice-Chairperson, Water Resources Committee,
presented a written report on behalf of the Committee, with regard to
an amendment to the City Code to provide for certain administrative
fines and to increase the amount of criminal fines for violations relating
to wastewater discharge user permits, to ensure compliance with the
City's Industrial Pretreatment Program.
A staff report advised that the Industrial Pretreatment Program
protects the Wastewater Treatment Plant and the Sewer System from
harmful wastewater discharges, which is achieved through discharge
permits issued to industries by the City of Roanoke; the Environmental
Protection Agency (EPA) approved the City's pretreatment program on
August 21, 1984; the Department of Environmental Quality (DEQ) and
the EPA regulate the City's Pretreatment Program by VPDES permit
requirements; and amendments to the Pretreatment Program have been
approved periodically through the Sewer Use Ordinance.
It was further advised that the DEQ is now requesting that the
enforcement response section of the pretreatment program be
amended in regard to fines in order to provide for administrative fines
in addition to criminal fines; Article III, Chapter 26, §26-66 of the City
Code allows fines of $1,000.00 per day per violation through criminal
court; it is now recommended that in order to provide for additional
enforcement authority as requested by DEQ, that fines be implemented
administratively by the enforcement response plan of the pretreatment
program as a step either prior to or in conjunction with seeking
prosecution by the Commonwealth's Attorney, and such administrative
fines would be enforced through the civil court system.
It was explained that the amount of a criminal fine that may be
assessed for a Class I misdemeanor has been increased from $1,000.00
to $2,500.00; accordingly, provisions of Article III, Chapter 26, §26-66 of
the City Code that set forth criminal penalties should be increased to
provide for a fine of not more than $2,500.00 to be consistent with the
State Code; several industries have had enforcement actions imposed;
and two industries are at the point where fines may be necessary to
achieve compliance.
3O
ACTION:
The Water Resources Committee recommended that Council
authorize an amendment to Article III, Chapter 26, §26-66 of the Code of
the City of Roanoke, 1979, as amended, by adding a provision for Civil
Penalties for administrative fines of up to $2,500.00 per day per
violation, to be established by the Director of Utilities and Operations
for violation of the user's permit or any violation of Article III of Chapter
26 of the Roanoke City Code, or of any orders, rules or regulations
issued thereunder to ensure compliance with the user's wastewater
discharge permit; and further authorize an amendment to Article III,
Chapter 26, §26-66 of the City Code by increasing the amount of the
criminal fine for a Class 1 misdemeanor to provide for a criminal fine of
not more than $2,500.00 per violation per day and confinement in jail for
not more than 12 months, either or both.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Trout offered the following emergency ordinance:
(#34384-070699) AN ORDINANCE amending and reordaining
Article III, Sewer Use Standards, Chapter 26, Sewers and Sewaqe
Disposal, of the Code of the City of Roanoke (1979), as amended, by
amending and reordaining §26-66, Penalty for Violations, to increase
the amount of the criminal fine provided for therein from $1,000.00 to
$2,500.00; adding a new subsection (b) to §26-66 providing for the
assessment of administrative civil fines; redesignating current
subsections (b), (c), and (d); and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 89.)
Mr. Trout moved the adoption of Ordinance No. 34384-070699.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... 0.
(Council Member Wyatt was absent.)
SPECIAL PERMITS-WATER RESOURCES: Council Member
James O. Trout, Vice-Chairperson, Water Resources Committee,
presented a written report on behalf of the Committee, with regard to
31
ACTION:
authorization for a conditional permit to allow encroachment of a fence
and landscaping two feet into the public right-of-way in front of
property located at 2815 Edison Street, N. E.
A staff report advised that permission to maintain existing
fences, walls, decks, or various other structures that encroach into the
public right-of-way is a request that property owners make to the City
from time to time; the property owner at 2815 Edison Street, N. E. (Carl
and Merry Ford) has requested permission to retain a split rail fence
and landscaping in front of their home; the fence encroaches into the
right-of-way of Edison Street, N. E., approximately two feet; and the
property owner has requested a conditional permit to allow the fence
to remain in place.
The Water Resources Committee recommended that Council
authorize a conditional permit to the property owner at 2815 Edison
Street, N. E., to allow a two-foot encroachment into the public right-of-
way of Edison Street, N. E., in a form to be approved by the City
Attorney.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34385) AN ORDINANCE granting a conditional permit to allow
for the encroachment of a split rail fence and landscaping two feet into
the public right-of-way in front of the property located at 2815 Edison
Street, N. E., and bearing Official Tax No. 3100728, upon certain terms
and conditions.
(For full text of Ordinance, see Ordinance Book No. 62, page 100.)
The motion was seconded by Mr. Harris and adopted by the
following vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... 0.
(Council Member Wyatt was absent.)
32
ACTION:
SPECIAL PERMITS-WATER RESOURCES: Council Member
James O. Trout, Vice-Chairperson, Water Resources Committee,
presented a written report on behalf of the Committee, with regard to
authorization for a revocable license to permit encroachment of a
decorative brick wall with landscaping approximately four feet into the
public right-of-way in front of property located at 2818 Avenham
Avenue, S. W.
A staff report advised that permission to construct fences, walls,
decks, or various other structures that encroach into the public right-of-
way is a request that property owners make to the City from time to
time; the property owners at 2818 Avenham Avenue, S. W. (Mr. and Mrs.
Nicholas F. Taubman) have requested permission to construct a
decorative brick wall with landscaping in front of their home; the
proposed wall would encroach into the public right-of-way of Avenham
Avenue, S. W., approximately four feet; the right-of-way of Avenham
Avenue is 80 feet and standard right-of-way for City streets is 50 feet;
the property owners have requested a revocable license to allow the
wall to be constructed; and the wall would be consistent with a wall on
adjacent property.
The Water Resources Committee recommended that Council
authorize a revocable license to the property owners at 2818 Avenham
Avenue, S. W., to allow the construction of a wall encroaching
approximately four feet into the public right-of-way of Avenham Avenue,
S. W., in a form to be approved by the City Attorney.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34386) AN ORDINANCE granting a revocable license to permit
an encroachment of a decorative brick wall with landscaping
approximately four (4) feet into the public right-of-way in front of the
property located at 2818 Avenham Avenue, S. W., and bearing Official
Tax No. 1062403, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 62, page 102.)
The motion was seconded by Mr. Harris and adopted by the
following vote:
33
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... 0.
(Council Member Wyatt was absent.)
BUDGET-HUMAN DEVELOPMENT COMMITTEE: Glenn D.
Radcliffe, Chairperson, Human Services Committee, presented a written
report with regard to funding recommendations of the Human Services
Committee for fiscal year 1999-2000, advising that the Human Services
Committee budget, in the amount of $458,844.00, was established by
Council with the adoption of the General Fund budget for fiscal year
1999-2000 on May 11, 1999; and requests from 35 agencies, totaling
$634,345.00 were received.
It was further advised that performance audits are conducted for
each agency receiving funds through the Committee to evaluate the
effectiveness and efficiency of the funded program; the Human
Services Committee requests that $9,000.00 be designated in its budget
to address monitoring expenses; and that agencies be required to
submit a budget by objective and activities when applying for funds
through the Human Services Committee.
The Human Services Committee recommended that Council
concur in funding of agencies in amounts as set forth on Attachment
A to the report and authorize allocation of $22,000.00 to the
Southwestern Virginia Second Harvest Food Bank; the Food Bank was
funded, in the amount of $22,000.00, through the City's contract with
Total Action Against Poverty and this amountwas held in subsidies and
not allocated during the Committee process; authorize the Chairman of
the Human Services Committee and the Director of Human
Development to not authorize payment of funds to any agency until
objectives, activities, and other reasonable requests of the monitoring
staff are submitted and accepted; transfer $458,844.00 from Human
Services Committee, Account No. 001-054-5220-3700, to new line items
to be established within the Human Services Committee budget by the
Director of Finance; and authorize the Acting City Manager, or his
designee, to negotiate a contract for $26,000.00 with The Salvation
Army for provision of services to City citizens under the Homeless
Housing Program and/or Abused Women's Shelter.
(For full text, see report on file in the City Clerk's Office.)
34
ACTION:
Mr. Trout offered the following emergency budget ordinance:
(#34387-070699) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 92.)
Mr. Trout moved the adoption of Ordinance No. 34387-070699.
The motion was seconded by Mr. Harris and adopted by the following
vote:
ACTION:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... 0.
(Council Member Wyatt was absent.)
Mr. Trout offered the following resolution:
(#34388-070699) A RESOLUTION concurring in the
recommendations of the Human Services Committee for allocation of
City funds to various nonprofit agencies and performance audits for
Fiscal Year 1999-2000, and authorizing the City Manager, or his
designee, to negotiate a contract with The Salvation Army for provision
of services under the Homeless Housing Program and/or Abused
Women's Shelter.
(For full text of Resolution, see Resolution Book No. 62, page 94.)
Mr. Trout moved the adoption of Resolution No. 34388-070699.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... 0.
(Council Member Wyatt was absent).
UNFINISHED BUSINESS: None.
35
ACTION:
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
PURCHASE/SALE OF PROPERTY-NEIGHBORHOOD
ORGANIZATIONS: Ordinance No. 34363, authorizing the fee simple
conveyance to Northwest Neighborhood Environmental Organization,
Inc., of surplus City-owned property, identified by Official Tax No.
2111321, containing 0.08-acre, located at the intersection of Loudon
Avenue and Tenth Street, N. W., upon certain terms and conditions as
set forth in a report to Council dated June 7, 1999, from the Water
Resources Committee, having previously been before the Council for
its first reading on Monday, June 21, 1999, 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:
(#34363-070699 AN ORDINANCE authorizing the fee simple
conveyance to Northwest Neighborhood Environmental Organization,
Inc., of surplus City-owned property, identified by Official Tax Map No.
2111321, containing 0.08-acre, located at the intersection of Loudon
Avenue and Tenth Street, N. W., upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 62, page 67.)
Mr. Harris moved the adoption of Ordinance No. 34363-070699.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... 0.
(Council Member Wyatt was absent.)
DECEASED PERSONS: Mr. Trout offered the following resolution
memorializing the late Gaynelle Simpson Harris, mother of Vice-Mayor
C. Nelson Harris, who passed away on June 21, 1999:
(#34389-070699) A RESOLUTION memorializing the late Gaynelle
Simpson Harris.
(For full text of Resolution, see Resolution Book No. 62, page 95.)
36
ACTION:
ACTION:
Mr. Trout moved the adoption of Resolution No. 34389-070699.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White and
Mayor Bowers ............................................................................. 5.
NAYS: None ....................................................................... 0.
(Vice-Mayor Harris abstained from voting and Council Member Wyatt
was absent.)
DECEASED PERSONS: Mr. White offered the following resolution
memorializing the late Henry Craighead, a political activist who was
interested in political affairs of the Roanoke Valley, who passed away
on June 18, 1999:
(#34390-070699) A RESOLUTION memorializing the late Henry
Howard Craighead.
(For full text of Resolution, see Resolution Book No. 62, page 96.)
Mr. White moved the adoption of Resolution No. 34390-070699.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... 0.
(Council Member Wyatt was absent.)
REGISTRAR-DECEASED PERSONS: Mr. Swain offered the
following resolution memorializing the late Louella Crutchfield-
Thaxton, Registrar for the City, who passed on June 28, 1999:
Mr. Swain offered the following resolution:
(#34391-070699) A RESOLUTION memorializing the late Louella
Crutchfield-Thaxton.
(For full text of Resolution, see Resolution Book No. 62, page 97.)
37
ACTION:
Mr. Swain moved the adoption of Resolution No. 34391-070699.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... 0.
(Council Member Wyatt was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
CONVENTION AND VISITORS BUREAU-TOURISM: With regard
to a previous report of the Acting City Manager (see page 13)
recommending execution of an agreement with the Roanoke Valley
Convention and Visitors Bureau for the purpose of increasing tourism
in the Roanoke Valley, the resolution having been defeated on a 3 - 3
vote of the Council (Ms. Wyatt was absent), Mr. Swain moved that
Council reconsider the matter. The motion was seconded by Mr. Trout
and adopted, Mr. White voted no.
Mr. Hudson offered the following resolution:
(#34366 -070699)A RESOLUTION authorizing an agreement with
the Roanoke Valley Convention and Visitors Bureau for the purpose of
increasing tourism in the Roanoke Valley.
Mr. Hudson moved the adoption of Resolution No. 34366-070699.
The motion was seconded by Mr. Trout.
Mr. White advised that he could not support the resolution
because he has previously expressed concern with regard to the issue
of diversity in the workforce of the Roanoke Valley Convention and
Visitors Bureau. He stated that any time that the City of Roanoke
provides a large amount of funding for any non-profit agency, the
workforce of that agency should be diverse and affirmative means
should be taken over a period of time to insure a diversified workforce.
He advised that the only way he, as an individual Member of Council,
can express his concerns is through his vote on funding issues.
38
In the future, Vice-Mayor Harris requested that if there is strong
sentiment regarding the funding of any agency, Council should engage
in those types of discussions during the fiscal year budget process, in
order to take into consideration other alternatives and to provide the
agency with an opportunity to address concerns.
Mr. White explained that as a part of fiscal year 1999-2000 budget
study, he requested that the City Manager determine if there is a more
efficient and cost effective way of delivering those services provided by
the Roanoke Valley Convention and Visitors Bureau, and the Acting
City Manager requested an additional year to study the matter and
report to Council.
There being no further discussion, Resolution No. 34366-070699
was adopted by the following vote:
AYES: Council Members Harris, Hudson, Swain, Trout and
Mayor Bowers ............................................................................. 5.
NAYS: Council Member White .............................................. 1.
(Council Member Wyatt was absent.)
COUNCIL: Mr. Harris offered the following resolution establishing
a meeting schedule for Council for the fiscal year beginning July 1,
1999, and ending June 30, 2000:
(#34392-070699) A RESOLUTION establishing a meeting schedule
for City Council for the Fiscal Year commencing July 1, 1999, and
terminating June 30, 2000.
(For full text of Resolution, see Resolution Book No. 62, page 99.)
ACTION:
Mr. Harris moved the adoption of Resolution No. 34392-070699.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... 0.
(Council Member Wyatt was absent.)
39
ACTION:
CITY NURSING HOME: Mr. Trout moved that Council
unanimously endorse the application of Pheasant Ridge Health
Investors, L. L. C., to add 62 nursing home beds to its existing 58 bed
nursing facility, Pheasant Ridge Nursing and Rehabilitation Center,
located in the City of Roanoke. The motion was seconded by Mr. Swain
and adopted.
At 4:55 p.m., the Mayor declared the meeting in recess.
At 5:20 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance, with the exception of Council Member Wyatt.
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 Harris, Hudson, Swain, Trout, White and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... 0.
(Council Member Wyatt was absent.)
OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised
that the terms of office of James Smith and Carolyn Word as members
of the Youth Services Citizen Board expired on May 31, 1999, and there
is an additional vacancy on the Youth Services Citizen Board created
by the resignation of J. Stephen Shepard; whereupon, the Mayor called
for nominations to fill the vacancies.
Mr. Harris placed in nomination the names of James Smith,
Carolyn Word and Alice B. Szathmary.
There being no further nominations, Mr. Smith and Ms. Word
were reappointed and Ms. Szathmary was appointed as members of the
Youth Services Citizen Board for terms ending May 31, 2002, by the
following vote:
40
ACTION:
ACTION:
ACTION:
FOR MR. SMITH, MS. WORD AND MS. SZATHMARY: Council
Members Harris, Hudson, Swain, Trout, White and Mayor Bowers ...... 6.
(Council Member Wyatt was absent.)
OATHS OF OFFICE-COMMITTEES-METROPOLITAN
TRANSPORTATION DISTRICT: The Mayor advised that the term of office
of Sherman A. Holland as a member of the Roanoke Valley Area
Metropolitan Planning Organization expired on June 30, 1999, and there
is an additional vacancy on the Roanoke Valley Area Metropolitan
Planning Organization created by the resignation of Carroll E. Swain;
whereupon, the Mayor called for nominations to fill the vacancies.
Mr. Swain placed in nomination the name of Sherman A. Holland
and Evelyn S. Lander.
There being no further nominations, Mr. Holland was reappointed
and Ms. Lander was appointed as members of the Roanoke Valley Area
Metropolitan Planning Organization, for terms ending June 30, 2002, by
the following vote:
FOR MR. HOLLAND AND MS. LANDER: Council Members Harris,
Hudson, Swain, Trout, White and Mayor Bowers ............................. 6.
(Council Member Wyatt was absent.)
OATHS OF OFFICE-COMMITTEES-LIBRARIES: The Mayor
advised that there is a vacancy on the Roanoke Public Library Board
created by the resignation of Edward F. Lovell, and called for
nominations to fill the vacancy.
Mr. Trout placed in nomination the name of Herbert D. McBride.
There being no further nominations, Mr. McBride was appointed
as a member of the Roanoke Public Library Board, for a term ending
June 30, 2001, by the following vote:
FOR MR. MCBRIDE: Council Members Harris, Hudson, Swain,
Trout, White and Mayor Bowers ..................................................... 6.
(Council Member Wyatt was absent.)
41
ACTION:
ACTION:
OATHS OF OFFICE-COMMITTEES-WATER RESOURCES: The
Mayor advised that there is a vacancy on the Carvins Cove
Comprehensive Land Use Committee created by the resignation of
James K. Cowan, Jr., and called for nominations to fill the vacancy.
Mr. Harris placed in nomination the name of Norvelle Wellford.
There being no further nominations, Mr. Wellford was appointed
as a member of the Carvins Cove Comprehensive Land Use Committee
by the following vote:
FOR MR. WELLFORD: Council Members Harris, Hudson, Swain,
Trout, White and Mayor Bowers ..................................................... 6.
(Council Member Wyatt was absent.)
OATHS OF OFFICE-COMMITTEES-LIBRARIES: The Mayor
advised that the terms of office of Gloria P. Manns and Roland H.
Macher as members of the Roanoke Public Library Board expired on
June 30, 1999, and called for nominations to fill the vacancies.
Mr. Harris placed in nomination the names of Gloria P. Manns
and Roland H. Macher.
There being no further nominations, Ms. Manns and Mr. Macher
were reappointed as members of the Roanoke Public Library Board, for
terms ending June 30, 2002, by the following vote:
FOR MS. MANNS AND MR. MACHER: Council Members Harris,
Hudson, Swain, Trout, White and Mayor Bowers .............................. 6.
(Council Member Wyatt was absent.)
OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS
COMMISSION: The Mayor advised that the term of office of Brook E.
Dickson as a member of the Roanoke Arts Commission expired on
June 30, 1999, and called for nominations to fill the vacancy.
Mr. Harris placed in nomination the name of Brook E. Dickson.
There being no further nominations, Ms. Dickson was
reappointed as a member of the Roanoke Arts Commission, for a term
ending June 30, 2002, by the following vote:
42
ACTION:
ACTION:
ACTION:
FOR MS. DICKSON: Council Members Harris, Hudson, Swain,
Trout, White and Mayor Bowers ..................................................... 6.
(Council Member Wyatt was absent.)
OATHS OF OFFICE-COMMITTEES-WAR MEMORIAL: The Mayor
advised that the terms of office of Alfred C. Moore, Sloan H. Hoopes
and Robert O. Gray as members of the War Memorial Committee
expired on June 30, 1999, and called for nominations to fill the
vacancies.
Mr. Harris placed in nomination the names of Alfred C. Moore,
Sloan H. Hoopes and Robert O. Gray.
There being no further nominations, Mr. Moore, Mr. Hoopes and
Mr. Gray were reappointed as members of the War Memorial
Committee, for terms ending June 30, 2000, by the following vote:
FOR MR. MOORE, MR. HOOPES AND MR. GRAY: Council
Members Harris, Hudson, Swain, Trout, White and Mayor Bowers ..... 6.
(Council Member Wyatt was absent.)
OATHS OF OFFICE-COMMITTEES-SCHOOLS: The Mayor advised
that the term of office of Audrey M. Wheaton as a member of the
Virginia Western Community College Board expired on June 30, 1999,
and called for nominations to fill the vacancy.
Mr. Harris placed in nomination the name of Audrey M. Wheaton.
There being no further nominations, Ms. Wheaton was
reappointed as a member of the Virginia Western Community College
Board, for a term ending June 30, 2003, by the following vote:
FOR MS. WHEATON: Council Members Harris, Hudson, Swain,
Trout, White and Mayor Bowers ..................................................... 6.
(Council Member Wyatt was absent.)
OATHS OF OFFICE-COMMITTEES-SPECIAL EVENTS: The Mayor
advised that the terms of office of Dorothy L. Bull, William H. Carder,
David Davis, Wanda E. English, Catherine Fox, Sabrina T. Law,
Estelle H. McCadden, Samuel G. Oakey, III, Amy W. Peck, Sherley E.
43
ACTION:
ACTION:
Stuart, Jeff Updike and Kathy Wilson as members of the Special Events
Committee expired on June 30, 1999, and called for nominations to fill
the vacancies.
Mr. Harris placed in nomination the names of Dorothy L. Bull,
William H. Carder, David Davis, Wanda E. English, Catherine Fox,
Sabrina T. Law, Estelle H. McCadden, Samuel G. Oakey, III, Amy W.
Peck, Sherley E. Stuart, Jeff Updike and Kathy Wilson.
There being no further nominations, Ms. Bull, Mr. Carder,
Mr. Davis, Ms. English, Ms. Fox, Ms. Law, Ms. McCadden, Mr. Oakey,
Ms. Peck, Ms. Stuart, Mr. Updike and Ms. Wilson were reappointed as
members of the Special Events Committee, for terms ending June 30,
2000, by the following vote:
FOR MS. BULL, MR. CARDER, MR. DAVIS, MS. ENGLISH,
MS. FOX, MS. LAW, MS. MCCADDEN, MR. OAKEY, MS. PECK, MS.
STUART, MR. UPDIKE AND MS. WILSON: Council Members Harris,
Hudson, Swain, Trout, White and Mayor Bowers ............................. 6.
(Council Member Wyatt was absent.)
OATHS OF OFFICE-COMMITTEES-CULTURAL SERVICES
COMMITTEE: The Mayor advised that the terms of office of Frances L.
Keen, Frank J. Eastburn and Beverly A. James as members of the
Cultural Services Committee expired on June 30, 1999, and called for
nominations to fill the vacancies.
Mr. Harris placed in nomination the names of Frances L. Keen,
Frank J. Eastburn and Beverly A. James.
There being no further nominations, Mr. Keen, Dr. Eastburn and
Ms. James were reappointed as members of the Cultural Services
Committee, for terms ending June 30, 2000, by the following vote:
FOR MR. KEEN, DR. EASTBURN AND MS. JAMES: Council
Members Harris, Hudson, Swain, Trout, White and Mayor Bowers .... 6.
(Council Member Wyatt was absent.)
OATHS OF OFFICE-COMMITTEES-HUMAN DEVELOPMENT
COMMITTEE: The Mayor advised that the terms of office of Frank W.
Feather, Raleigh Campbell, Harold P. Kyle, Katheryn M. McCain,
44
ACTION:
ACTION:
Evelyn F. Board and Glenn D. Radcliffe as members of the Human
Services Committee expired on June 30, 1999, and called for
nominations to fill the vacancies.
Mr. Harris placed in nomination the names of Frank W. Feather,
Raleigh Campbell, Harold P. Kyle, Katheryn M. McCain, Evelyn F. Board
and Glenn D. Radcliffe.
There being no further nominations, Mr. Feather, Mr. Campbell,
Mr. Kyle, Ms. McCain, Ms. Board and Mr. Radcliffe were reappointed as
members of the Human Services Committee, for terms ending June 30,
2000, by the following vote:
FOR MR. FEATHER, MR. CAMPBELL, MR. KYLE, MS. MCCAIN,
MS. BOARD AND MR. RADCLIFFE: Council Members Harris, Hudson,
Swain, Trout, White and Mayor Bowers .......................................... 6.
(Council Member Wyatt was absent.)
OATHS OF OFFICE-COMMITTEES-FLOOD
REDUCTION/CONTROL: The Mayor advised that the terms of office of
Willard N. Claytor, Read A. Lunsford, Edgar V. Wheeler, Dennis Tinsley,
Kathy S. Hill, Lucian Y. Grove, E. L. Noell and Bill Tanger as members
of the Flood Plain Committee expired on June 30, 1999, and called for
nominations to fill the vacancies.
Mr. Harris placed in nomination the name of Willard N. Claytor,
Read A. Lunsford, Edgar V. Wheeler, Dennis Tinsley, Kathy S. Hill,
Lucian Y. Grove, E. L. Noell and Bill Tanger.
There being no further nominations, Mr. Claytor, Mr. Lunsford,
Mr. Wheeler, Mr. Tinsley, Ms. Hill, Mr. Grove, Mr. Noell and Mr. Tanger
were reappointed as members of the Flood Plain Committee, for terms
ending June 30, 2000, by the following vote:
FOR MR. CLAYTOR, MR. LUNSFORD, MR. WHEELER,
MR. TINSLEY, MS. HILL, MR. GROVE, MR. NOELL AND MR. TANGER:
Council Members Harris, Hudson, Swain, Trout, White and
Mayor Bowers .............................................................................. 6.
(Council Member Wyatt was absent.)
45
OATHS OF OFFICE-COMMITTEES-ECONOMIC DEVELOPMENT:
The Mayor advised that the terms of office of J. Granger Macfarlane and
John D. Baldridge, III, as members of the Economic Development
Commission expired on June 30, 1999, and called for nominations to fill
the vacancies.
ACTION:
ACTION:
Mr. Harris placed in nomination the name of J. Granger
Macfarlane and John D. Baldridge, III.
There being no further nominations, Mr. Macfarlane and
Mr. Baldridge were reappointed as members of the Economic
Development Commission, for terms ending June 30, 2002, by the
following vote:
FOR MR. MACFARLANE AND MR. BALDRIDGE: Council Members
Harris, Hudson, Swain, Trout, White and Mayor Bowers ................... 6.
(Council Member Wyatt was absent.)
OATHS OF OFFICE-COMMITTEES-GREENWAY SYSTEM: The
Mayor advised that the term of office of Barry W. Baird as a member of
the Roanoke Valley Greenways Commission expired on June 30, 1999,
and called for nominations to fill the vacancy.
Mr. Harris placed in nomination the name of Barry W. Baird.
There being no further nominations, Mr. Baird was reappointed
as a member of the Roanoke Valley Greenways Commission, for a term
ending June 30, 2002, by the following vote:
FOR MR. BAIRD: Council Members Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 6.
(Council Member Wyatt was absent.)
OATHS OF OFFICE-COMMITTEES-PERSONNEL DEPARTMENT:
The Mayor advised that the term of office of I. B. Heinemann as a
member of the Personnel and Employment Practices Commission
expired on June 30, 1999, and called for nominations to fill the vacancy.
Mr. Harris placed in nomination the name of I. B. Heinemann.
46
ACTION:
ACTION:
There being no further nominations, Mr. Heinemann was
reappointed as a member of the Personnel and Employment Practices
Commission, for a term ending June 30, 2002, by the following vote:
FOR MR. HEINEMANN: Council Members Harris, Hudson, Swain,
Trout, White and Mayor Bowers ..................................................... 6.
(Council Member Wyatt was absent.)
OATHS OF OFFICE-COMMITTEES-CONVENTION AND VISITORS
BUREAU: The Mayor advised that the term of office of Sunny Shah as
a member of the Roanoke Valley Convention and Visitors Bureau Board
of Directors expired on June 30, 1999, and called for nominations to fill
the vacancy.
Mr. Harris placed in nomination the name of Sunny Shah.
There being no further nominations, Mr. Shah was reappointed
as a member of the Roanoke Valley Convention and Visitors Bureau
Board of Directors, for a term ending June 30, 2000, by the following
vote:
FOR MR. SHAH: Council Members Harris, Hudson, Swain, Trout,
White and Mayor Bowers .............................................................. 6.
(Council Member Wyatt was absent.)
OATHS OF OFFICE-COMMITTEES-PARKS AND RECREATION:
The Mayor advised that the terms of office of Richard Clark, Barry L.
Thomas, Carl H. Kopitzke, Betty Field, Eddie Wallace, Jr., and Ralph K.
Smith as members of the Mill Mountain Advisory Committee expired on
June 30, 1999, and called for nominations to fill the vacancies.
Mr. Harris placed in nomination the names of Richard Clark,
Barry L. Thomas, Carl H. Kopitzke, Betty Field, Eddie Wallace, Jr., and
Ralph K. Smith.
There being no further nominations, Mr. Clark, Mr. Thomas,
Mr. Kopitzke, Ms. Field, Mr. Wallace and Mr. Smith were reappointed as
members of the Mill Mountain Advisory Committee, for terms ending
June 30, 2000, by the following vote:
47
ACTION:
FOR MR. CLARK, MR. THOMAS, MR. KOPITZKE, MS. FIELD,
MR. WALLACE AND MR. SMITH: Council Members Harris, Hudson,
Swain, Trout, White and Mayor Bowers .......................................... 6.
(Council Member Wyatt was absent.)
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY MANAGER-WATER RESOURCES: The Acting City Manager
advised that a press conference has been called for Wednesday, July 7,
1999, at 9:00 a.m., in the City Council's Conference Room, to discuss
mandatory water conservation for City residents.
There being no further business, the Mayor declared the meeting adjourned
at 5:30 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
48
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
July 19, 1999
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday, July 19,
1999, at 12:15 p.m. the regular meeting hour, with Mayor David A. Bowers presiding,
pursuant to Rule 1, Re__clular Meetings. of Section 2-15, Rules of Procedure, Code of
the City of Roanoke (1979), as amended.
PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E. Swain, James O.
Trout, Linda F. Wyatt, C. Nelson Harris (arrived at 12:45 p.m.) and Mayor David A.
Bowers ......................................................................................................... 6.
ABSENT: Council Member William White, Sr.- .......................................... 1.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S.
Akers, Acting Assistant City Manager; William M. Hackworth, City Attorney; James D.
Grisso, Director of Finance; and Mary F. Parker, City Clerk.
FDETC: Glenn D. Radcliffe, Director, Human Development, introduced a
briefing on the Workforce InvestmentActwhich involves Federal legislative changes
that will impact the delivery of workforce development services to citizens and to
employers in the Roanoke region. He advised thatthe Federally funded Employment
and Training or Workforce Development Programs are overhauled every 10 - 15
years, previous changes to the system included conversion from the Manpower
Development Training Act to the Comprehensive Employment and Training Act
(CETA) and from CETA to the Job Training Partnership Act that the City presently
operates under. He further advised that legislation passed in 1998 requires the
close-out of the Job Training Partnership Act and implementation of the new
Workforce Investment Act by no later than July 1, 2000. He stated that the Fifth
District Employment and Training Consortium has served the governments and
citizens within the four City and four County service delivery area known as the Fifth
Planning District for over 25 years and local policy guidance and program oversight
is provided by the Policy Board which is comprised of designated representatives
from each jurisdiction within the region. Under the current agreement, he explained
that he serves as the City of Roanoke's representative and Chair of the Policy Board,
Policy Board members are assisted by the Regional Private Industry Council (PIC),
with a majority of PIC members representing private sector employers. He called
upon Vickie L. Price, Executive Director, Fifth District Employment and Training
Consortium, to present an overview of the legislation and its impact on the City of
Roanoke.
Ms. Price advised that the Workforce Investment Act replaces the Job Training
Partnership Actwhich requires coordination between Federally-funded employment
and vocational education programs through joint development of plans for delivering
services and establishment of one-stop centers staffed by multiple agencies; and
there are three service levels or tiers of service for job seekers and employers:
training, intensive and core.
Ms. Price explained that State responsibilities include:
Governor appoints State Workforce Investment Board (may certify existing
state council) (Virginia has opted to expand the duties and membership of the
Statewide Workforce Training Council renamed the Virginia Workforce
Council)
State Workforce Investment Board designates local workforce areas (most
existing JTPA areas have a two year protection under the laws)
Establishes criteria for and certifies local Workforce Investment Boards (may
certify current Private Industry Councils)
Develops a statewide list of approved training providers, based on local input
Creates a five year plan for coordinating workforce development services
Ms. Price further explained that duties of local elected officials include:
Appoint members of local Workforce Investment Board for approval by the
Governor
The local Workforce Board is comprised of employers, education entities,
economic development agencies, each one-stop partner, and others
Develop and submit a regional/local workforce development plan to the
Governor, working jointly with the local Board
Serve as fiscal agent and liable party for Workforce Investment Act funds (may
name a separate entity/single jurisdiction as fiscal agent)
Determine appropriate performance standards for the region/area, working
cooperatively with the local Board and the Governor
Approve the budget of the local Board
2
Develop an agreement with each one-stop service provider, jointly with the
local Board
Certify regional one-stop centers in conjunction with the local Board
Ms. Price advised that local Workforce Board responsibilities include:
Create a regional workforce development plan, jointly, with local elected
officials for submission to the Governor
Develop a budget for local Board operations for approval by local elected
officials
Determine appropriate performance standards for the region, working
cooperatively with local elected officials and the Governor
Coordinate regional workforce development services/activities with
employers and economic development organizations
Develop a list of eligible training providers within the region/area for
submission to the State
Develop an agreement with each one-stop service partner, jointly with local
elected officials
Certify regional one-stop centers in conjunction with local elected officials
Establish a regional Youth Council and award Workforce Incentive Act funded
contracts for youth service.
Ms. Price pointed out that local Youth Council membership includes members
of the local Board, youth service agencies, a representative of public housing
authorities, parents of youth seeking assistance, Job Corps, and others including
youth. She clarified that a one-stop system provides that each Workforce
Investment Area is required to have at least one facility in which all of the required
service providers are represented and these required partners are: Carl Perkins Act
Vocational Education funds, CSBG-funded employment training activities, Federally-
funded adult education, Federally-funded literacy, Federally-funded older-worker
employment training, Federally-funded vocational rehabilitation, HUD-funded
employment training activities, Trade Act, Veterans Employment Services,
Unemployment Compensation, Wagner-Peyser Act (Employment Service activities)
Welfare-to-Work, and Workforce Investment Act (former JTPA activities). She
explained that required one stop services include three tiers of service, with each
3
level designed to place the job seekers in gainful employment which include
training, intensive, and core. She advised that core services available to all job
seekers or employers are: recruitment intake and orientation, skills assessment
(preliminary), job search and job matching, labor market information, training
provider information, supportive services information, eligibility determination for
all targeted programs, and follow-up; intensive services for job seekers who are
unable to attain self-sufficiency level jobs through core services include: detailed
interview, testing and assessment, individual employment plan, group counseling,
individual counseling, case management, short-term pre-vocational classes and
services (adult education and literacy); and training services which are available to
job seekers who are eligible for intensive services and need skills training to obtain
employment are: occupational skills training, on-the-job training, combined
classroom/workplace training, skills upgrades and re-training, entrepreneurial
training, job readiness training, and customized training by and/or for employers.
She stated that Virginia Workforce Council responsibilities are: create Virginia's
Workforce strategy, serve as the policy board for implementation for the Workforce
Investment Act; and oversee workforce training issues for the Virginia Community
College System, including the new workforce training centers.
Ms. Price advised that the time line for the Virginia Workforce Council is as
follows: in April, the Governor signed legislation creating the Workforce Council; in
April-June, there was an inventory of current programs (agencies responded by
June 1); in April-June, the best practices in other states were identified; in July, the
Governor appointed members to the new Virginia Workforce Council; on August 12,
the first meeting of the Virginia Workforce Council will be held; in August-October,
the Virginia Workforce Council Subcommittee will meet to develop workforce
strategies; in August-October, a process will be adopted for designating Workforce
Investment areas (localities have 60 days to respond); in October, a second meeting
of the Virginia Workforce Council will be held; and in November-January, formal
designation of Workforce Investment areas will occur.
Ms. Price explained that Virginia Workforce Act opportunities and challenges
are, "to create and support an effective local system driven by a local vision, while
maintaining statewide quality"; and to establish an integrated system that is
accessible and responsive to all customers and develop results-oriented
partnerships dedicated to continuous improvement.
There being no questions, without objection by Council, the Mayor advised
that the briefing would be received and filed.
At 12:50 p.m., the Mayor declared the meeting in recess until 2:00 p.m.
4
At 2:00 p.m., on Monday, July 19, 1999, 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, James O.
Trout, William White, Sr., Linda F. Wyatt, C. Nelson Harris and Mayor David A.
Bowers ......................................................................................................... 7.
ABSENT: None ..................................................................................... 0.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager; Diane S.
Akers, Acting Assistant City Manager; William M. Hackworth, City Attorney; James D.
Grisso, Director of Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by The Reverend Donna
Britt, Associate Pastor, Calvary Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
ACTS OF ACKNOWLEDGMENT:
ACTS OF ACKNOWLEDGMENT-CITY ATTORNEY: Mr. Trout
offered the following resolution recognizing the services of William X
Parsons as Acting City Attorney:
(#34393-071999) A RESOLUTION recognizing the outstanding
service rendered to the City by William X Parsons, as Acting City
Attorney.
(For full text of Resolution, see Resolution Book No. 62, page 104.)
ACTION:
Mr. Trout moved the adoption of Resolution No. 34393-071999.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
5
ACTS OF ACKNOWLEDGMENT: On behalf of the City of Roanoke,
the Mayor commended Ms. Bridget Blankenship and Ms. Theresa
Bryant for their assistance to visitors to the Roanoke Valley from the
State of Florida. He advised that both Ms. Blankenship and Ms. Bryant
are employees of the Hardee's Restaurant on Orange Avenue and they
were instrumental in returning a lost personal item to an individual who
was passing through the Roanoke Valley en route to Florida.
The Mayor expressed appreciation to Ms. Blankenship and Ms.
Bryant and congratulated them on being goodwill ambassadors of the
Roanoke Valley, and presented each with a Certificate of Appreciation
and a "Crystal Star" which is symbolic of the Star on Mill Mountain.
VIRGINIA AMATEUR SPORTS/COMMONWEALTH GAMES: The
Mayor called attention to a plaque which was presented to the City of
Roanoke in appreciation of the City's participation in the 1999
Commonwealth of Virginia Games.
MISCELLANEOUS-COUNCIL-CITY EMPLOYEES: The Members of
Council and City employees were invited to participate in the Second
Annual "Toys-for-Tots" Softball Game, sponsored by the U. S. Marine
Corp/Naval Reserves on September 10, 1999, at 6:30 p.m., at Wasena
Field I.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form, or forms, listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately. He
called specific attention to one request for a Closed Meeting to discuss
personnel matters with regard to vacancies on various authorities,
boards, commissions and committees appointed by the Council.
COMMITTEES-COUNCIL: A communication from Mayor David A.
Bowers requesting that Council convene in a Closed Meeting to
discuss personnel matters relating to vacancies on various authorities,
boards, commissions and committees appointed by the Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended,
was before the body.
(For full text, see communication on file in the City Clerk's Office.)
6
ACTION:
ACTION:
Mr. White moved that Council concur in the request of the Mayor
to convene in a Closed Meeting to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and
committees appointed by the Council, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Swain and adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
HOUSING/AUTHORITY-NATIONAL LEAGUE OF CITIES-GRANTS-
ECONOMIC DEVELOPMENT: A communication from Mayor David A.
Bowers advising that on Monday, June 7, 1999, Council unanimously
adopted Resolution No. 34330-060799 urging the members of the
United States House Commerce Committee and the United States
House of Representatives to amend H. R. 10 to modernize the
Community Reinvestment Act (CRA) passed in 1977, in order for the
CRA to continue to be an important economic development tool to
increase home ownership and economic development in Iow income
urban and rural communities; and the City of Roanoke has been
requested by the National League of Cities to request its Congressman
to make a "one minute" statement on the floor of the House of
Representatives in support of the Community Reinvestment Act, was
before Council.
The Mayor further advised that with the concurrence of Council,
he will be pleased to contact Congressman Goodlatte's Office and
request that he make the appropriate statement on behalf of the City of
Roanoke.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that Council concur in the communication. The
motion was seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
7
ACTION:
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
PETITIONS AND COMMUNICATIONS:
HOUSING/AUTHORITY: A communication from George J. A.
Clemo, Attorney, representing the Roanoke Redevelopment and
Housing Authority, requesting adoption of a resolution approving the
issuance by the Housing Authority of its revenue bonds to assist the
Roanoke Valley Housing Corporation, or a related entity, in acquiring,
constructing and equipping a multifamily housing project consisting of
up to 38 duplex housing units in 19 buildings to be located in or
adjacent to the Lincoln Terrace housing complex, was before Council.
Mr. Clemo transmitted copy of a resolution adopted by the
Roanoke Redevelopment and Housing Authority in which the Housing
Authority has requested that Council approve issuance by the Authority
of up to $2,000,000.00 in revenue bonds for the above stated purpose.
(For full text, see communication and supporting documentation on file
in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34394-071999) A RESOLUTION approving the issuance by the
City of Roanoke Redevelopment and Housing Authority of its revenue
bonds to assist the Roanoke Valley Housing Corporation or a related
entity in the acquisition, construction and equipping of a multifamily
housing project, consisting of up to 38 duplex housing units in 19
buildings to be located in or adjacent to the Lincoln Terrace housing
complex in the City of Roanoke, Virginia.
(For full text of Resolution, see Resolution Book No. 62, page 105.)
Mr. Trout moved the adoption of Resolution No. 34394-071999.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
8
BUDGET-SCHOOLS: A communication from the Roanoke City
School Board requesting appropriation of funds to the following school
accounts, was before Council.
$227,048.00 from the 1999-2000 Capital Maintenance and
Equipment Replacement Fund for the modernization of
intercom systems in seven schools, for video systems to
monitor student behavior on school buses, for the
relocation of modular units at Garden City and Grandin
Court Elementary Schools, and for the installation of floor
tile at Fallon Park Elementary School.
$8,000.00 for the Learn & Serve Program to support
school-based projects that provide youth with
opportunities to enhance and reinforce skills through
service to the local community. Federal grant funds will
be provided for this continuing program.
$315,000.00 for the upgrading of school administrative
systems for year 2000 compliance. This new program will
be one hundred per cent reimbursed by state bond funds.
$806,000.00 for the purchase of school instructional
technology equipment. This continuing program will be
one hundred per cent reimbursed by state bond funds.
$129,942.00 for the Addison Middle School renovation
project for rock excavation and roof installation. Funding
will be provided from 1997 Capital Bond funds in the
amount of $117,122.00 and from VPSA bond interest
revenues in the amount of $12,820.00
A report of the Director of Finance recommending that Council
concur in the request of the School Board, was also before the body.
(For full text, see communication and report on file in the City Clerk's
Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34395-071999) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 School and School Capital Projects Fund
Appropriations, and providing for an emergency.
9
ACTION:
(For full text of Ordinance, see Ordinance Book No. 62, page 106.)
Mr. Trout moved the adoption of Ordinance No. 34395-071999.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
Council Member Wyatt advised that one of the key elements to
discipline in the schools is parental involvement; whereupon, she
requested information on efforts by the school administration to
encourage parental involvement.
Council Member Swain requested information on the
effectiveness of video systems to monitor student behavior on school
buses.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
SCHOOLS-WATER RESOURCES: In view of the water
shortage situation, the Mayor advised that he has requested periodic
briefings with regard to the water level at Carvins Cove Reservoir;
whereupon, the Acting City Manager advised that approximately two
weeks ago, the City announced a mandatory water conservation
program, most citizens appear to have taken the program seriously and
are committed to water conservation, and he commended the citizens
of Roanoke for their excellent response to the City's request for water
conservation.
Diane Akers, Acting Assistant City Manager and Coordinator of
the Water Conservation Program, presented a water supply status
report. She referred to usage trends in July 1998 compared with July
1999, and advised that in 1998, City customers used approximately
319.5 million gallons as compared to the first 15 days of July 1999 at
293.5 million gallons, which means that usage is down approximately
eight per cent; however, water conservation should be continued
10
because at this point, there should be at least a 20 per cent level of
conservation. She stated that as of this date, the current water level at
Carvins Cove was 25.2 feet below spillway level. She explained that
mandatory conservation, or Condition II, means prohibition against
outdoor use of water and reductions of 20 per cent on indoor use,
regardless of the source of water supply; water conservation officers
are patrolling City neighborhoods and issuing warnings for violations;
other local Roanoke Valley governments have been cooperative,
supplying between 2.7 and 2.9 million gallons of water per day; and
there are water connections in the City of Salem and on Ogden Road
and Grandin Road Extension, and within approximately 30 days, two
additional connections will be available in the Peters Creek Road area
and Route 460. She stated that estimated cost of water is about
$4,000.00 per day, increasing up to $11,000.00 per day after all
connections are made for new water sources, which costs include
additional expenses incurred for the purchase of water, extra staff,
materials, public information, treatment chemicals and electricity. She
explained that if one estimates the cost for the next 120 days through
October, at approximately $9,000.00 per day times 120 days, that equals
approximately $1 million. In regard to funding increased costs, she
called attention to contingency funding in the Water Fund, future water
rates could be impacted depending on how long the drought situation
lasts, and water rates will increase should the Carvins Cove Reservoir
level drop to 30 feet below spillway level. She advised that if and when
the City reaches Water Conservation Condition III, water customers will
be requested to conserve 25 per cent of their water usage and if they
are unable to conserve 25 per cent, higher rates will prevail. She
stated that a long term slow and steady rain is needed with higher
intensity rains creating significant increased water flows from rivers
and creeks in order to replenish Carvins Cove Reservoir.
An observation was made that improvements to Addison
Aerospace Magnet Middle School are substantially complete; however,
because of the water supply situation, the lawn has not been reseeded.
It was suggested that the Acting City Manager discuss the matter with
the Superintendent of Schools to determine if the lawn can be reseeded
and maintained with recycled water prior to the beginning of the school
year.
Without objection by Council, the Mayor advised that the briefing
would be received and filed.
11
CITY MANAGER-FLOOD REDUCTION/CONTROL: The Acting City
Manager presented a briefing on flooding conditions in the City of
Roanoke as the result of a severe storm that occurred on Sunday, July
18, 1999. He advised that approximately 30 traffic signals were out of
order during the storm, most of which are currently operating. He
stated that spring water has been used to clean mud from City streets,
City crews are working over time, the most lingering problem deals with
approximately 100 fallen trees, and some alleys remain blocked. He
added that clean up efforts are moving forward and City crews
responded appropriately to the storm.
Without objection by Council, the Mayor advised that the briefing
would be received and filed.
ITEMS RECOMMENDED FOR ACTION:
HOUSING/AUTHORITY-HUMAN DEVELOPMENT-GRANTS: The
Acting City Manager submitted a written report advising that the City of
Roanoke receives entitlement grants each year under the Community
Development Block Grant (CDBG) and HOME Investment Partnership
(HOME) programs of the U. S. Department of Housing and Urban
Development (HUD); HUD approval of the City's fiscal year 1999-2000
CDBG application is forthcoming; and Blue Ridge Independent Living
Center has received HUD funding from the City since fiscal year 1994-
95 for its Empowering Individuals With Disabilities Program, which
enables disabled individuals to become as independent as possible
within their own homes and communities.
It was further advised that as part of the City's 1999-2000
budgeting process, Blue Ridge Independent Living Center requested
funds for assistance with home rehabilitation or modifications and with
the purchase of assistive devices to be provided for individuals with
disabilities; Council authorized a total of $29,335.00 in CDBG funds for
the Blue Ridge Independent Living Center as part of the Annual Update
to the Consolidated Plan approved for submission to HUD on May 11,
1999, by Resolution No. 34281-051199; and $20,635.00 was approved
for the rehab/modification aspect of the program and $8,700.00 was
approved for assistance with the purchase of assistive devices.
The Acting City Manager recommended that he be authorized to
execute a CDBG Agreement with the Blue Ridge Independent Living
Center and amendments thereto, if necessary, to be approved as to
12
ACTION:
form by the City Attorney; and amendments shall be within the limits of
funds appropriated by Council and for the purposes set forth in the
Agreement.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34396-071999) A RESOLUTION authorizing the appropriate City
officials to enter into a Community Development Block Grant (CDBG)
Agreement, and any necessary amendments thereto, with the Blue
Ridge Independent Living Center, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 62, page 109.)
Mr. Trout moved the adoption of Resolution No. 34396-071999.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
BUDGET-WATER RESOURCES: The Acting City Manager
submitted a written report advising that the 12 inch diameter water
main located in Franklin Road between McClanahan Street and
Beechwood Road has had a history of breaks and leakage; the existing
line has been replaced with a new 12 inch diameter main of ductile iron;
and the 12 inch main is of sufficient capacity for the existing and
anticipated future land use in the corridor.
It was further advised that project construction has progressed
well and is nearly complete; due to water main construction, it was
necessary to re-pave Franklin Road between McClanahan Street and
Beechwood Road; sewer main repairs between Reserve Avenue and
McClanahan Street have required that the re-paving area be extended;
and total construction cost of the project is estimated as follows:
Construction Contract
Proposed Change Order No. 1
$595,140.00
134,676.00
Total $729,816.00
13
Proposed Change Order No. 1 represents 22.6% of the original contract
value.
The Acting City Manager recommended that he be authorized to
execute Change Order No. 1, in a form to be approved by the City
Attorney, with J. P. Turner and Brothers, Inc., in the amount of
$134,676.00, with zero additional calendar days for completion of the
work; transfer $25,000.00 from Second Street/Gainsboro Road, Account
No. 008-052-9547, to Franklin Road Water Main Replacement, Account
No. 002-056-8387; funds in the amount of $60,000.00 are available in
Annual Street Paving, Account No. 001-052-4120-2010; and appropriate
$49,676.00 from Water Fund Retained Earnings to Franklin Road Water
Main Replacement, Account No. 002-056-8387.
(For full text, see report on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#34397-071999) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Projects Fund and Water Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 109.)
ACTION:
Mr. Hudson moved the adoption of Ordinance No. 34397-071999.
The motion was seconded by Ms. Wyatt and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
Mr. Hudson offered the following emergency ordinance:
(#34398-071999) AN ORDINANCE authorizing the City Manager's
issuance of Change Order No. 1 to the City's contract with J. P. Turner
and Brothers, Incorporated, for the Franklin Road Water Main
Replacement Project; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 111.)
14
ACTION:
Mr. Hudson moved the adoption of Ordinance No. 34398-071999.
The motion was seconded by Ms. Wyatt and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
SEWERS AND STORM DRAINS-BUDGET: The Acting City
Manager submitted a written report in connection with the fifth, and
final year, of the contract with Wheelabrator Clean Water Systems, Inc.,
Bio-Gro Division, of Millersville, Maryland, to remove, transport and
dispose of 11,000 dry tons of sludge from the Water Pollution Control
Plant at $91.05 per dry ton; and the contractor has notified the City that
as of August 1, 1999, it will have hauled and applied the 11,000 dry tons
as authorized by the contract.
Itwas further advised that due to additional lagoon loadings from
the secondary digesters and loadings from the lagoons at Carvins
Cove, the City would like to increase the sludge to be hauled up to
14,000 dry tons, or an increase of up to 3,000 dry tons, at the contract
price of $91.05 per dry ton, an increase not to exceed $273,150.00; and
overloading of lagoons could result if excess sludge is not removed.
The Acting City Manager recommended that he be authorized to
execute Change Order No. 1 to the contract with Wheelabrator Clean
Water Systems, Inc., Bio-Gro Division, to remove, transport and
dispose of up to an additional 3,000 dry tons of lagooned sludge at
$91.05 per dry ton, not to exceed $273,150.00; and appropriate
$273,150.00 from Sewage Fund Retained Earnings to Account No. 003-
056-3150-2010.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34399-071999) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Sewage Treatment Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 112.)
15
ACTION:
ACTION:
Mr. Trout moved the adoption of Ordinance No. 34399-071999.
The motion was seconded by Ms. Wyatt and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
Mr. Trout offered the following emergency ordinance:
(#34400-071999) AN ORDINANCE authorizing the City Manager's
issuance of Change Order No.1 to the City's contract with Wheelabrator
Clean Water Systems, Inc., Bio-Gro Division, to remove, transport and
dispose of up to an additional 3,000 dry tons of lagooned sludge; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 113.)
Mr. Trout moved the adoption of Ordinance No. 34400-071999.
The motion was seconded by Ms. Wyatt and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
SEWERS AND STORM DRAINS-WATER RESOURCES: The Acting
City Manager submitted a written report advising that funds are
designated in the fiscal year 1999-2000 operating budget for Water and
Water Pollution Control Departments for the purchase of certain
chemicals; whereupon, he recommended that Council accept the
lowest responsible bids for water and waste water treatment chemicals,
as follows:
Liquid Alum from General Chemical Corp. for the
cost of $.378 per gallon.
Liquid Chlorine
150 lb. cylinders from Jones Chemicals, Inc.
for the cost of $21.666.00 per cwt.
16
2,000 lb. cylinders from Prillaman Chemical
Corp. for the cost of $10.30 per cwt.
Sodium Fluoride from Jones Chemicals, Inc., for the
cost of $.5464 per lb.
Ferric Chloride from Eaglebrook, Inc., for the cost of
$.449 per gallon.
Sulfur Dioxide from Jones Chemicals, Inc., for the
cost of $387.33 per cylinder.
Sodium Hydroxide
For Carvins Cove location from Prillaman
Chemical Corp. for the cost of $.535 per
gallon.
For Falling Creek location from Jones
Chemical, Inc., for the cost of $.836 per
gallon.
Hydrofluosilica Acid from Prillaman Chemical Corp.
for the cost of $.64 per gallon.
Sodium Bi-Sulfite from Jones Chemicals, Inc., for
the cost of $.92 per gallon.
Orthophosphate from Prillaman Chemical Corp. for
the cost of $3.09 per gallon.
Polymer Praetol 186 KH from Prochem
Technologies, Inc., for the cost of $3.098 per gallon.
Filter Aid .57 PPM from Qualichem, Inc., for the cost
of $3.769 per gallon.
Westchlor #2402 from Prochem Technologies, Inc.,
for a cost of $5.18 per gallon.
Zinc Orthophosphate from Prillaman Chemical
Corp. for the cost of $6.49 per gallon.
17
ACTION:
Reject all other bids received by the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#34401-071999) A RESOLUTION accepting bids for water and
sewage treatment chemicals for fiscal year 1999-2000, and rejecting
other bids.
(For full text of Resolution, see Resolution Book No. 62, page 114.)
Mr. Trout moved the adoption of Resolution No. 34401-071999.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
STREET LIGHTS-BUDGET-SCHOOLS-APPALACHIAN POWER
COMPANY-VIRGINIA MUNICIPAL LEAGUE: The Acting City Manager
submitted a written report advising that governmental electric rates
have been established through contract negotiations for three year
term increments since 1974; current contract rates for schools,
pumping, street lighting, and general government are due for
consideration for change as of July 1, 1999; American Electric Power
(AEP) has suggested maintaining the current rate structure for a term
of one or more years beginning July 1, 1999; the potential for a rate
decrease is believed to exist, which potential can only be developed
through an exchange of information between representatives of AEP
and expert rate personnel representing the City; the City has
historically joined with other cities, towns and counties served by AEP
to negotiate as a block unit through the Virginia Municipal League
(VML) and the Virginia Association of Counties (VACO); the Director of
Utilities and Operations represents the City on the Electrical Rate
Steering Committee with additional staff support as required; and all
negotiations are subject to final approval by City Council.
It was further advised that rate negotiations have begun; the
potential impact of electrical deregulations creates more complications
in this round of negotiations; assessment to pay for rate experts
18
ACTION:
retained through the VML and VACO has been received from the VML
in the amount of $33,675.00; funds left over, if any, will be retained and
properly accounted for by the VML for future negotiations; and an
additional assessment will be made if there is a short-fall of funds.
The Acting City Manager recommended that Council authorize
payment of the City's pro rata assessment; and transfer an
encumbrance of $33,675.00 from General Fund Contingency, Account
No. 001-002-9410-2199, to Supply Management Fees for Professional
Services, Account No. 001-056-1237-2010.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34402-071999) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General and Water Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 115.)
Mr. Trout moved the adoption of Ordinance No. 34402-071999.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
DIRECTOR OF FINANCE:
BUDGET-HIGHER EDUCATION CENTER: The Director of Finance
submitted a written report advising that the Virginia General Assembly
adopted Chapter 813 of the 1997 Acts of Assembly establishing the
Roanoke Higher Education Authority for the purpose of expanding
access to higher education and workforce training in the Roanoke
region by developing the Roanoke Higher Education Center with such
funds as are appropriated and made available for this purpose; in 1998,
the General Assembly provided funding in the amount of $5,379,000.00
for establishing the Authority and $62,500.00 in fiscal year 1998-99 and
fiscal year 1999-2000, each, for operations; on July 20, 1998, Council
authorized the Director of Finance to serve as the temporary fiscal
19
ACTION:
agent for the Roanoke Higher Education Authority; and in 1999, the
General Assembly provided additional funding, in the amount of
$3,601,000.00, for establishment of the Roanoke Higher Education
Center and an additional $100,000.00 for operations.
It was further advised that funds, in the amount of $3,763,500.00,
have been certified by the Commonwealth of Virginia for establishing
the Education Center and for operations.
The Director of Finance recommended that Council appropriate
$3,763,500.00 in accounts established by the Director of Finance for the
Roanoke Higher Education Authority capital and development costs
and operating costs, and increase the corresponding revenue estimate.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34403-071999) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Higher Education Authority Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 117.)
Mr. Trout moved the adoption of Ordinance No. 34403-071999.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
REPORTS OF COMMITTEES:
BUDGET-LIBRARIES: 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 additions
and renovations to the Gainsboro Public Library, 15 Patton Avenue,
N. W.; whereupon, he recommended that Council approve the following
actions:
2O
Authorize the Acting City Manager to enter into a contract
with Claude Erps Construction, Inc., of Bluefield, West
Virginia, for additions and renovations to the Gainsboro
Public Library, in accordance with contract documents as
prepared by the Office of City Engineer, in the amount of
$152,000.00 and 120 consecutive calendar days to
complete the project.
Transfer $43,075.00 from Capital Improvement Reserve
Buildings and Structures, Account No. 008-052-9575-9173,
to the Gainsboro Library, Account No. 008-052-9626-9003;
for a project total of $175,000.00.
Reject all other bids received by the City.
The Acting 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:
(#34404-071999) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 118.)
ACTION:
Mr. Swain moved the adoption of Ordinance No. 34404-071999.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
Mr. Swain offered the following emergency ordinance:
(#34405-071999) AN ORDINANCE accepting the bid of Claude
Erps Construction, Inc., for additions and renovations of the Gainsboro
Public Library, upon certain terms and conditions, and awarding a
21
ACTION:
ACTION:
contract therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other bids made to the
City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 119.)
Mr. Swain moved the adoption of Ordinance No. 34405-071999.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
SPECIAL PERMITS-WATER RESOURCES: Ordinance No. 34385,
granting a conditional permit to allow for the encroachment of a split
rail fence and landscaping two feet into the public right-of-way in front
of property located at 2815 Edison Street, N. E., Official Tax No.
3100728, owned by Carl and Merry Ford, having previously been before
the Council for its first reading on Tuesday, July 6, 1999, 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:
(#34385-071999) AN ORDINANCE granting a conditional permit
to allow for the encroachment of a split rail fence and landscaping two
feet into the public right-of-way in front of the property located at 2815
Edison Street, N. E., and bearing Official Tax No. 3100728, upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 62, page 100.)
Mr. Harris moved the adoption of Ordinance No. 34385-071999.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
22
ACTION:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
SPECIAL PERMITS-WATER RESOURCES: Ordinance No. 34386,
granting a revocable license to permit encroachment of a decorative
brick wall with landscaping approximately four feet into the public
right-of-way in front of the property located at 2818 Avenham Avenue,
S. W., Official Tax No. 1062403, owned by Nicholas F. and Eugenia L.
Taubman, having previously been before the Council for its first
reading on Tuesday, July 6, 1999, read and adopted on its first reading
and laid over, was again before the body, Mr. Hudson offering the
following for its second reading and final adoption:
(#34386-071999) AN ORDINANCE granting a revocable license to
permit an encroachment of a decorative brick wall with landscaping
approximately four (4) feet into the public right-of-way in front of the
property located at 2818 Avenham Avenue, S. W., and bearing Official
Tax No. 1062403, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 62, page 102.)
Mr. Hudson moved the adoption of Ordinance No. 34386-071999.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
PARKS AND RECREATION-COUNCIL-SPECIAL EVENTS: Council
Member Wyatt encouraged citizens to attend the Sunset on Mill
Mountain Jazz Concert to be held on Friday, July 23, 1999, at 6:30 p.m.
23
COUNCIL-GRANTS-BUILDINGS: Council Member Swain
requested information with regard to the availability of building facade
grants for downtown businesses; whereupon, the Acting City Manager
was requested to provide Council with a report.
CITY SHERIFF-COUNCIL-REFUSE COLLECTION: Council
Member Swain referred to debris, discarded food wrappers, etc.,
around fast food restaurants and other locations throughout the City,
and inquired if a partnership could be formed between those
establishments and the City leading to better control of the situation.
George C. Snead, Jr., Director, Public Safety, advised that a
group of City employees and representatives from community
agencies, businesses, schools, fast food restaurants, etc., has
proposed an Anti-Litter Values and Education Program; City
representatives will work with the Sheriff's Department to involve
inmates in additional clean-up efforts; and a status report will be
provided to Council at a later date.
COUNCIL-REFUSE COLLECTION: Council Member Hudson
expressed concern with regard to over grown weeds in the vicinity of
Grandin Road Ext./Electric Road near the Roanoke City limit sign, and
requested that the matter be referred to the City Manager for
investigation.
BONDS/BOND ISSUES-BUDGET-LIBRARIES: Vice-Mayor Harris
called attention to certain expansion needs of the Virginia Room in the
Roanoke City Public Library, and requested a report from the Acting
City Manager on short-term measures to address the matter.
Council Member Wyatt addressed the need for renovations to the
main library facility and branch libraries and requested that the matter
of identifying funds for a future bond issue be referred to the Acting
City Manager and to 2000-01 budget study for discussion.
It was the consensus of Council that the remarks of Vice-Mayor
Harris and Council Member Wyatt would be referred to the Acting City
Manager and to 2000-01 budget study.
At 3:50 p.m., the Mayor declared the meeting in recess.
24
ACTION:
ACTION:
At 4:10 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance.
COUNCIL: With respect to the Closed Meeting just concluded,
Mr. Hudson moved that each Member of City Council certify to the best
of his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom
of Information Act; and (2) only such public business matters as were
identified in any motion by which any Closed Meeting was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Hudson, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS
COMMISSION: The Mayor advised that there is a vacancy on the
Roanoke Arts Commission created by the resignation of Richard
Maxwell, and called for nominations to fill the vacancy.
Mr. Hudson placed in nomination the name of Susan W.
Jennings.
There being no further nominations, Ms. Jennings was appointed
as a member of the Roanoke Arts Commission, for a term ending
June 30, 2002, by the following vote:
FOR MS. JENNINGS: Council Members Hudson, Swain, Trout,
White, Wyatt, Harris and Mayor Bowers .......................................... 7.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
At 4:15 p.m., the Mayor declared the meeting in recess until 7:00
p.m.
On Monday, July 19, 1999, at 7:00 p.m., the Roanoke City Council
reconvened in regular session in the City Council Chamber, fourth
floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke,
with the following Council Members in attendance, Mayor Bowers
presiding.
25
PRESENT: Council Members W. Alvin Hudson, Jr., Carroll E.
Swain, James O. Trout, Linda F. Wyatt, C. Nelson Harris and
Mayor David A. Bowers ................................................................. 6.
ABSENT: Council Member William White, Sr.- ........................ 1.
OFFICERS PRESENT: James D. Ritchie, Sr., Acting City Manager;
Diane S. Akers, Acting 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.
PRESENTATIONS:
PROCLAMATIONS: The Mayor presented a proclamation
declaring July 31, 1999, as Citizen Appreciation Day/National Night Out
Kick-Off in the City of Roanoke.
(For full text, see Proclamation on file in the City Clerk's Office.)
HEARING OF CITIZENS:
FIRE DEPARTMENT: Ms. Berniece Meador, representing the
Ridgewood Park community, advised that she has been informed that
Fire Station No. 12 is proposed to be closed;whereupon, she requested
that the fire station remain open and that the building, which is in need
of repairs, be updated.
The Acting City Manager advised that the Fire Chief recently met
with Ms. Meador to discuss her concerns. He stated that Council
previously requested the City Manager to review Fire Department
enhancement measures; however, no specific recommendations have
been submitted to date and no alternatives will be considered that will
jeopardize public safety.
Ms. Meador encouraged the City to make aesthetic improvements
to Fire Station No. 12 as soon as possible.
26
Without objection by Council, the Mayor advised that the remarks
of Ms. Meador would be received and filed.
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Monday, July 19, 1999, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of Southwood
Roanoke Community, Inc., and Southwood of Roanoke Homeowners
Association, Inc., to amend proffers presently binding upon 60.53 acres
of land located between 1-581 and Franklin Road, S. W., identified as
Official Tax Nos. 1290105, 1290107, 1290108 and 1290171, 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, July 1 and Thursday, July 8, 1999, and in
The Roanoke Tribune on Thursday, July 8, 1999.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
purpose of the request for rezoning is to permit the construction of a
planned, upscale residential community consistent with provisions and
regulations set out in Sections 36.1-289 through 36.1-295 of the Zoning
Ordinance for Residential Planned Unit Development (RPUD), was
before Council.
It was further advised that the planned unit development was to
be constructed in several phases based on market demand; the first
phase was to include a public access street and the construction of 26
single family detached homes and eight townhouses; average cost for
the units was projected to be between $150,000.00 and $300,000.00 per
unit or home; the residential portion of the project was to include 79
single family dwellings, 41 townhouses and 96 condominium units, for
a total of 216 housing units; Phase I of the proposed development has
since been completed; a public access street and a number of
residential units have been constructed; and original Official Tax
Numbers 1290105 and 1290107 have been further subdivided creating
32 additional, smaller parcels.
27
It was explained that an amended application was reviewed by
the City Planning Commission at its regular meeting on June 2, 1999;
the application is a request to amend the conditions as previously
proffered for the rezoning approved by the City on December 18, 1995;
specifically, the applicant is requesting that Proffer Nos. 1 and 6 be
revised and amended; the applicant has deleted Proffer No. 5 because
Phase I has now been completed; the Second Amended Petition to
amend the original proffers was filed in order to include references to
the original site plan as a proffer and the portion of the plan as
currently requested for amendment; the purpose of the requested
amendments is to provide for a change in the proffered site plan; the
applicant has submitted an application to rezone a 4.3 acre portion of
Official Tax No. 1290107 from C-2, General Commercial District, to
RPUD, Residential Planned Unit Development District; and the applicant
now intends to construct six, two-unit townhouses and condominiums,
including a community center on this 4.3-acre parcel of land.
The City Planning Commission recommended that Council
approve the request to amend the proffered conditions for rezoning.
(For full text, see report on file in the City Clerk's Office.)
Edward A. Naif, Attorney, appeared before Council in support of
the request of his client.
ACTION:
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34406) AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of
the City of Roanoke (1979), as amended, and Sheet No. 129, Sectional
1976 Zone Map, City of Roanoke, in order to amend certain conditions
presently binding upon certain property previously conditionally zoned
C-2, General Commercial District.
(For full text of Ordinance, see Ordinance Book No. 62, page 126.)
The motion was seconded by Mr. Swain.
The Mayor inquired if there were persons present who would like
to address Council with regard to the matter. There being none,
Ordinance No. 34406 was adopted, on its first reading, by the following
vote:
28
AYES: Council Members Hudson, Swain, Trout, Wyatt, Harris and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Council Member White was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Monday, July 19, 1999, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of Southwood of
Roanoke Community, Inc., to rezone approximately 4.3 acres of land
located on the north side of Kingsbury Circle and approximately 170
feet west of Franklin Road, S. W., identified as Official Tax No. 1290107,
from C-2, General Commercial District, to RPUD, Residential Planned
Unit Development, 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, July 1 and Thursday, July 8, 1999, and in
The Roanoke Tribune on Thursday, July 8, 1999.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
purpose of the initial request for rezoning was to permit the
construction of a planned upscale residential unit development
consisting of single family, detached homes, townhouses and
condominiums, including a community center, general offices, fitness
center, medical clinic, restaurants, hotel/motel/inn or group care
facilities, was before Council.
It was further advised that the development was proposed to be
constructed in several phases based on market demand; the first phase
was to include a public access street and construction of 26 single
family detached homes and eight townhouses; and the residential
portion of the development as proposed at that time was to include 79
single family dwellings, 41 townhouses and 96 condominium units, for
a total of 241 residential dwelling units.
It was explained that the applicant is requesting to rezone the
subject 4.3 acre portion of Official Tax No. 1290t07 from C-2, General
Commercial District, to RPUD, Residential Planned Unit Development
29
ACTION:
District; the site plan proffered as a part of the application indicates
that the applicant intends to construct six additional two-unit
townhouses and additional condominiums which will partially surround
a larger residential type building that will serve in part as a community
center; and the application is a request to change the permitted uses
on the property from a more intensive use to a less intensive use.
The City Planning Commission recommended that Council
approve the request to rezone the subject 4.3 acre parcel of land from
C-2, General Commercial District, to RPUD, Residential Planned Unit
Development District, subject to certain conditions proffered by the
petitioner and rescind Ordinance No. 32777-121895.
(For full text, see report on file in the City Clerk's Office.)
Edward A. Naif, Attorney, appeared before Council in support of
the request of his client.
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34407) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 129, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, subject
to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 62, page 128.)
The motion was seconded by Mr. Swain.
The Mayor inquired if there were persons presentwho would like
to address Council with regard to the matter. There being none,
Ordinance No. 34407 was adopted, on its first reading, by the following
vote:
AYES: Council Members Hudson, Swain, Trout, Wyatt, Harris and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Council Member White was absent.)
30
ACTION:
ZONING-INDUSTRIES: Pursuant to Resolution No. 25523 adopted
by the Council on Monday, April 6, 1981, the City Clerk having
advertised a public hearing for Monday, July 19, 1999, at 7:00 p.m., or
as soon thereafter as the matter may be heard, on the request of the
City of Roanoke to rezone a 56 acre tract of land lying at the end of
Read Mountain Road, N. E., identified as Official Tax No. 7320101, from
RA, Residential Agricultural District, to LM, Light Manufacturing
District, subject to certain conditions proffered by the petitioner, the
matter was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Thursday, July 1 and Thursday, July 8, 1999, and in
The Roanoke Tribune on Thursday, July 8, 1999.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
purpose of the request for rezoning is to expand the Roanoke Centre
for Industry and Technology (RCIT), was before Council.
The City Planning Commission recommended that Council
approve the request for rezoning, and advised that the Roanoke Centre
for Industry and Technology has been an asset to economic
development for the City of Roanoke; expansion of RCIT can provide
additional economic benefits to the City and its citizens and more
opportunities to develop quality industrial businesses; the proffered
conditions to rezoning propose a preliminary development plan for
future tenants and sets forth adopted restrictive covenants for RCIT;
and as tenants emerge, additional review of development layout and
architectural issues will be studied further by the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34408) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 732, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City, subject
to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 62, page 129.)
31
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. 34408 was adopted, on its first reading, by the following
vote:
AYES: Council Members Hudson, Swain, Trout, Wyatt, Harris and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Council Member White was absent.)
BUDGET-PURCHASE/SALE OF PROPERTY-CITY PROPERTY:
Pursuant to motion of Council, the City Clerk having advertised a public
hearing for Monday, July 19, 1999, at 7:00 p.m., or as soon thereafter as
the matter may be heard, on the request of the City of Roanoke to
convey a portion of City owned property identified as Official Tax Nos.
2012705, 2012706 and 2012707, located on Gilmer Avenue, N. W., the
matter was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Thursday, July 1 and Thursday, July 8, 1999, and in
The Roanoke Tribune on Thursday, July 8, 1999.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the Acting City Manager advising that Serenity
Funeral Home, LLC, identified a need to expand its facility located at
126 Gilmer Avenue, N. W.; to facilitate the expansion, three pieces of
private property adjacent to the funeral home were purchased; and the
City of Roanoke owns three additional properties adjacent to the
Serenity Funeral Home proposed expansion area (Official Tax Nos.
2012705, 2012706, and 2012707).
It was further advised that Serenity Funeral Home, LLC, would
like to purchase the three City properties in order to complete its
expansion program; and the Contract of Sale between the City and
Serenity Funeral Home, LLC, contains the following major provisions:
32
ACTION:
Purchase price is $51,052.00 for .293 acre, more or less
(lots comprise 12,763 square feet, more or less, at $4.00
per square foot).
Serenity Funeral Home will submit plans to assure
compatibility with the neighborhood.
Expansion must be completed within two years or the City
has the right to re-purchase the property for the selling
price.
Serenity Funeral Home, LLC accepts the property "AS IS".
Closing is scheduled within 60 days from execution of the
sales contract.
The Acting City Manager recommended that he be authorized to
execute the Contract of Sale Agreement and other necessary
documents to convey the property to Serenity Funeral Home, LLC; and
authorize the Director of Finance to appropriate $51,052.00 from a third
party (Serenity Funeral Home, LLC) to Account No. 008-052-9575-9178,
Capital Improvement Reserve-Economic Development.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#34409-071999) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62, page 120.)
Mr. Trout moved the adoption of Ordinance No. 34409-071999.
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. 34409-071999 was adopted by the following vote:
33
AYES: Council Members Hudson, Swain, Trout, Wyatt, Harris and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Council Member White was absent.)
ACTION:
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#34410) AN ORDINANCE providing for the fee simple
conveyance to the Serenity Funeral Home, LLC, of City-owned property,
identified by Official Tax Map Nos. 2012706, 2012706 and 2012707,
containing 0.293-acre, and located on Gilmer Avenue, N. W., upon
certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 62, page 130.)
The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members Hudson, Swain, Trout, Wyatt, Harris and
Mayor Bowers ............................................................................ 6.
NAYS: None ....................................................................... 0.
(Council Member White was absent.)
ENTERPRISE ZONE: Pursuant to instructions of Council, the City
Clerk having advertised a public hearing for Monday, July 19, 1999, at
7:00 p.m., or as soon thereafter as the matter may be heard in the City
Council Chamber, on the request of the City of Roanoke to make an
application to the Virginia Department of Housing and Community
Development to amend the boundaries of Enterprise Zones One and
Two, the matter was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Sunday, July 4 and Sunday, July 11, 1999.
(See publisher's affidavits on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
34
(#34411-071999) AN ORDINANCE to amend and reordain certain
sections of the 1999-2000 General and Capital Projects Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62.)
Mr. Trout moved the adoption of Ordinance No. 34411-071999.
The motion was seconded by Mr. Hudson.
The Acting City Manager submitted a written report advising that
the City of Roanoke's Enterprise Zone Program is successful in
promoting economic development; the City of Roanoke has two
Enterprise Zones and a Subzone; both Enterprise Zones offer the same
state incentives aimed at stimulating investment in economically
challenged areas; both Enterprise Zones do not offer the same local
incentives; both Enterprise Zones have less acreage than the maximum
allowed which is 1,906 acres each for the City of Roanoke; and all
acreage in each of Roanoke's Enterprise Zones must be contiguous.
It was further advised that the Office of Economic Development
has identified the need to add 111.37 acres to Enterprise Zone One,
which area includes Ninth Street, S. E., the Roanoke Industrial Centre
and Kerns Avenue which includes the business incubator, the New
Century Venture Center; in order to add this acreage to Enterprise Zone
One and to maintain contiguous boundaries, 112.79 acres around the
Hollins Road North area needs to be removed from Enterprise Zone
One and added to Enterprise Zone Two; the Office of Economic
Development has identified a need to add 56 acres to Enterprise Zone
Two; on April 5, 1999, Council adopted Ordinance No. 34224-040599
providing for acquisition of the Oppenheimer property for economic
development purposes; this property is adjacent to Roanoke's Centre
for Industry and Technology; this 56 acres plus the 112.9 acres around
the Hollins Road North area comprising a total of 168.9 acres are
proposed to be added to Enterprise Zone Two; Council has recognized
a difference in the local incentives offered in both Enterprise Zones and
has requested that the local incentives be the same for both zones;
funding in the amount of $40,000.00 was included in the fiscal year
1998-99 Capital Maintenance and Equipment Replacement Program
already approved, but not appropriated from CMERP for the Enterprise
Zone Program; funding of $15,500.00 has been reserved from
Community Development Block Grant monies for the Enterprise Zone
Program; and funding of $86,277.00 currently exists in the Enterprise
Zone budget.
35
The Acting City Manager recommended that Council take the
following actions:
Establish the same local incentives in Enterprise Zones
One and Two as set forth in Resolution No. 26877 adopted
on February 6, 1984, and Ordinance Nos. 33019-070696
and 33018-070196 adopted on July 1, 1996.
Amend Chapter 32, Article II, Division 5A of the Code of
the City of Roanoke (1979), as amended, (Sections 32-
101.1, et seq) Exemption of Certain Rehabilitatated or
Renovated Commercial or Industrial Real Property
Located in Enterprise Zone One included in the above
referenced City Code division.
Appropriate $40,000.00 from the 1998-99 CMERP already
approved, but not appropriated to the Capital Projects
Enterprise Zone Account No. 008-052-9630; this funding is
needed to continue the Enterprise Zone local incentives
already in place and to fund the expansion of the local
incentives in both Enterprise Zones.
Authorize the City Manager to file an application for a
boundary and incentive amendment with the Virginia
Department of Housing and Community Development for
these purposes as long as there are no issues raised at
the public hearing which would require further
consideration.
Authorize the City Manager to take such further action and
execute such additional documents as may be necessary
to establish the local incentives in and amendments to
Enterprise Zones One and Two as set forth in the report.
(For full text, see report on file in the City Clerk's Office.)
The Mayor inquired if there were persons present who would like
to address Council.
There being none, Ordinance No. 34411-071999 was adopted by
the following vote:
36
AYES: Council Members Hudson, Swain, Trout, Wyatt, Harris and
Mayor Bowers ............................................................................. 6.
NAYS: None ..................................................................... O.
(Council Member White was absent)
Mr. Trout offered the following emergency Ordinance:
(#34412-071999) AN ORDINANCE amending Resolution No.
26877, adopted by City Council on February 6, 1984, waiving building
permit fees or allowing refunds for such fees for qualified business
firms within the Roanoke Urban Enterprise Zone (now called Enterprise
Zone One) to also include qualified business firms located within
Roanoke's Enterprise Zone Two; amending Ordinance No. 33019-
070196, adopted by City Council on July 1, 1996, to provide that the
certain local incentives approved, adopted, and established by that
Ordinance for the area designated as Enterprise Zone Two in the City
of Roanoke shall also apply to the City's Enterprise Zone One as of the
date of this Ordinance; providing for an effective date; authorizing the
City Manager to apply to the Virginia Department of Housing and
Community Development (DHCD) for approval of the above
amendments and to take such further action as may be necessary to
obtain those amendments; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 62.)
Mr. Trout moved the adoption of Ordinance No. 34412-071999.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, Wyatt, Harris and
Mayor Bowers ............................................................................. 6.
NAYS: None ..................................................................... 0.
(Council Member White was absent)
Mr. Trout offered the following Resolution:
(#34413-071999) A RESOLUTION authorizing the proper City
officials to make a boundary amendment to Roanoke's Enterprise Zone
One that will delete certain areas within Enterprise Zone One and add
37
certain areas not currently in Enterprise Zone One; to make a boundary
amendment to Roanoke's Enterprise Zone Two that will add certain
areas not currently in Enterprise Zone Two; and authorizing the City
Manager to apply to the Virginia Department of Housing and
Community Development for approval of the said boundary
amendments and to take such further action as may be necessary to
obtain the said boundary amendments.
(For full text of Ordinance, see Ordinance Book No. 62.)
Mr. Trout moved the adoption of Resolution No. 34413-071999.
The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Swain, Trout, Wyatt, Harris and
Mayor Bowers ............................................................................. 6.
NAYS: None ...................................................................... 0.
(Council Member White was absent).
OTHER HEARING OF CITIZENS:
COMPLAINTS: Mr. Robert E. Gravely, 1412 Moorman Road, N. W.,
addressed Council in regard to matters of concern such as water
shortage, certain unmet needs of citizens, a City workforce that is
overworked and underpaid, racism in the City workforce, and the 2-for-
1 pension enhancement that was provided for certain City employees,
etc.
There being no further business, the Mayor declared the meeting adjourned
at 7:45 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
38
DAVID A. BOWERS
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE S.W. - ROOM 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: (540) 853-2444
FAX: (540) 853-1145
October 4, 1999
The Honorable Vice-Mayor and
Members of Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
I wish to request a Closed Meeting to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended.
Sincerely,
David A. Bowers
Mayor
DAB:se
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 l- 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
October 7, 1999
File #15-110-304
SANDRA H. EAKIN
Deputy City Clerk
Thomas M. Winn, III, Chair
Youth Services Citizen Board
2615 Cornwallis Avenue, S. E.
Roanoke, Virginia 24014
Dear Mr. Winn:
This is to advise you that on September 20, 1999, Alyce B. Szathmary qualified as a member of
the Youth Services Citizen Board for a term ending May 31, 2002.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:lo
pc:
Marion A. Vaughn-Howard, Secretary, Youth Services Citizen Board
Sandra H. Eakin, Deputy Clerk
RECEIVED
F ~
CITY CLERt~S 0 FI~E
~ ~4:r ~u ri/..vJ
Oath or Affirmation of Office
Cornmonwealth of Virginia, City of Roanoke, to-wit:
l, Alyce B. Szathmary, 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 theYouth--s Citizen Board for a term
ending May 3'1, 2002, according to the best my
So
help me God.)of
Subscribed and swor~,J~d~~~ ayof 1999.
ARTHUR B. CRUSH, III, CLERK
/;_ ,,// ;x---_"
BY~EPUTY CLERK
H:~AGENDA99~3LY6.WPD
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
October 7, 1999
File #15-110-202
Stephen L. Jamison, Chair
Personnel and Employment Practices Commission
3450 Brymoor Road, S. W.
Roanoke, Virginia 24022
Dear Mr. Jamison:
This is to advise you that on September 23, 1999, Edward L. Crawford, Jr., qualified as a member
of the Personnel and Employment Practices Commission for a term ending June 30, 2002.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:lo
pc~
Kenneth S. Cronin, Secretary, Personnel and Employment Practices Commission
Sandra H. Eakin, Deputy Clerk
RECEIVED
CITY CLERKS OFFICE
~ SEF 23 Ai0:54
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Edward L. Crawford, 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 Personnel and Employment Practices
Commission for a term ending June 30, 2002, according to the best of my ability. (So
help me God.)
Subscribed and sworn to before me this,~ day of~999.
ARTHUR B. CRUSH, III, CLERK
, DEPUTYCLERK
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
October 7, 1999
File #15-110-323
Dennis Frye, Chair
Roanoke Public Library Board
618 7th Street
Radford, Virginia 24141
Dear Mr. Frye:
This is to advise you that on September 16, 1999, Roland H. Mather qualified as a member of the
Roanoke Public Library Board for a term ending June 30, 2002.
Mary F. Parker, CMC/AAE
City Clerk
MFP:lo
pc:
Beverly A. James, Secretary, Roanoke Public Library Board
Sandra H. Eakin, Deputy Clerk
RECEIVED
CITY CLERKS OFFICE
'gg ~P17 A8:23
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Roland H. Mather, do solemnly swear (or affirm) that I will support the Constitution of
the United States, and the Constitution of the Commonwealth of Virginia, and that I will faithfully
and impartially discharge and perform all the duties incumbent upon me as a member of the
Roanoke Public Library Board for a term ending June 30, 2002, according to the best of my
ability. (So help me God.)
Subscribed to and sworn before me this 16 day of September 1999.
ARTHUR B. CRUSH, III, CLERK
' D~PuTY CLERK --"'-' '"'
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 I- 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
October 7, 1999
File #15-110-200
J. Lee i~. Osborne, Chair
Roanoke Valley Area Metropolitan Planning Organization
c/o Wayne G. Strickland, Executive Director
Fifth Planning District Commission
313 Luck Avenue, S. W.
Roanoke, Virginia 24016
Dear Mr. Osborne:
This is to advise you that on September 23, 1999, Evelyn S. Lander qualified as a member of the
Roanoke Valley Area Metropolitan Planning Organization for a term ending June 30, 2002.
Sincerely, ~~Ln,,~.~-
Mary F. Parker, CMC/AAE
City Clerk
MFP:lo
pc: Sandra H. Ealdn, Deputy City Clerk
RECEIVED
CITY CLERKS OFFIC~C
~'~ orr-,u ~0:20
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
i, Evelyn S. Lander, 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 Valley Area Metropolitan Planning Organization for a
term ending June 30, 2002, according to the best of my ability. (So help me God.)
Subscribed and sworn to before me this~,~ da~Lg~_-~ ..~.,~ 1999.
ARTHUR B. CRUSH, III, CLERK
BY ~
, DEPUTY CLERK
H:'~AGENDA99'~JLY6.WPD
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
October 7, 1999
File #51
Sandra H. Eakin
Deputy City Clerk
James D. Ritchie, Sr.
Acting City Manager
Roanoke, Virginia
Dear Mr. Ritchie:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
October 4, 1999, Ms. Gloria Dorma requested that the City define "multi-family housing"
as to location and number of units in a specific area so as not to create an "asphalt jungle."
She spoke in support of constructing housing units such as duplexes in residential areas
throughout the community that would also meet the criteria for Iow income housing. She
referred to the concentration of multi-family housing in northwest Roanoke, and requested
preparation of a neighborhood plan for northwest Roanoke before any additional rfiulti-
family housing is constructed.
The remarks of Ms. Dorma were referred to you for appropriate response.
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc:
Ms. Gloria Dorma, 3513 Dona Drive, N. W., Roanoke, Virginia 24017
George C. Snead, Jr., Director, Public Safety
Evelyn S. Lander, Chief, Planning and Community Development
A Presentation to I~oanoke City Council by:
i~. Craig Iialzer, AIA
Edward W. Barnett, It&
Eldon L Kart, AIA
October 4, 1999
In explanation of a 1/4 page paid advertisement published in
the Roanoke Times on September 12, 1999 marking the
beginmng of a "grass roots" movement in regard to. the
development of Henry Street as an urban ccntcrpieec project.
lhe Issues:
Community-based Planning
"Community-based planning efforts have been minimally
undertaken throughout the development of the current plan(s) for
Henry Street. As design consultant for the Dumas Hotel,
formerly Henry Street Music Center, I have never been contacted
by current planners specific to our development plans."
Historical & Cultural Heritage ~
Does the present plan address the rich cultural, social, economic and institutional history of the place? Has that
history been researched and presented in a comprehensive way and made accessible so that a visit to Henry Street
can be an interesting and entertaining educational experience?
Has the history of the place been utilized to help give Henry Street a "unique sense of place", ~nucb like the
Market's history has helped make it successful?
Will the presentation of the history on Henry Street be used as an educational expericncc for local school
children, community groups and visitors to the Roanoke Valley?
~ Could the celebration of the historical aspects of thc place help make it a "people magnet?"
'k Is the proposed "railroad theme" appropriate for Henry Street given its oxs~ very long, layered, and colorlitl
history and the fact that nearby sites (Transportation Museum, Railwalk, etc.) Already celebrate that
history?
Centerpiece Planning & Economic Development
~r During the development of plans for thc Gainsborough Road project, the vision of a Roanoke Ccntcrpiccc
Project (including Thc Hotel Roanoke, the old General Office Buildings, and Henry Street) greatly
influenced thc decision to construct a bridge at Second Street, replacing the old grade-crossing. As the
"Centerpiece" projects have developed, it appears that there has been a lack ofcoordmatiou m thc plamfing
of these projects. No graphic presentation ora Master Plan for the area has been offered for public
scrutiny and support.
'/r Thc resounding success of our beloved Farmer's Market was a result of a "grass roots" vision beginning
with a few young Roanoke entrepreneurs, Billy's Ritz, Cap'n Books, Thc Fan Man, Gallmy Iil. and othcrs.
We are in agreement with a number of potential Roanoke investor/developers that an csscmial ingrc~licnt in
Roanoke's Centerpiece Project should be based on a cclcbmtion of our entrepreneurial sim'it. This xvill
expand the opportunities for young locally based businesses to flourish. To date, thc cur rent plan apl>cars
lacking in identifying these opportunities.
AND ASSOCIATES, INC.
RECEiVEO
CITY .... ' .....
Cb r. m~.~. OFF~L:E
T-1 M2:59
REFLECTING TOMORROW
September 27, 1999
Ms. Mary Parker
Clerk, City of Roanoke
215 Church Avenue
Room 456
Roanoke, VA 24011
Via Facsimile: (540) 853-1145
Re:
City Council Hearing
Monday, October 4, 1999
Dear Ms. Parker:
I wish to formally request the opportunity to make a brief presentation to City Council at their next Public
Hearing scheduled for Monday, October 4, 1999. The subject of my group's presentation centers around
the proposed developments for Henry Street and our concerns as design professionals. Our group consists
of Eldon Kart, AIA, Ed Barnett, R.A. and myself, all practicing Architects in the Roanoke area. We will
be showing a brief video during our presentation and will therefore, require the appropriate A/V
equipment. Please notify me if this will present any problems.
This request should provide you with adequate information to place our presentation on Council's agenda
for the next hearing. I trust that you will contact me at my office, (540-772-9580) should you have any
questions or require further clarification of this request.
Respectfully submitted,
BALZER & ASSOCIATES, 1NC.
~r, AIA
Executive Vice President
RCB/sI~
CC:
Mr. Eldon Karr, AIA
Mr. Ed Barnett, R.A.
Worddocs\Staffdir~RcbLRkeCityCouncilLtr
· PLANNERS · ARCHIIECTS * ENGINEERS · SUR'qEYORS
1208 Corporate Circle * Roanoke, Virginia 24018 · (540) 772-9580 FAX (540) 772-80,50
DAVID A. BOWERS/
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE S.W. - ROOM 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: (540) 853-2444
FAX: (540) 853-1145
September 28, 1999
The Honorable Vice-Mayor and
Members of Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
After several private and individual discussions with other
Members, we are of the opinion that the majority of Council has now
decided who they will support for City Manager.
We respectfully disagree.
Accordingly, this matter ought to be dealt with publicly as soon as
possible.
Sincerely,
David A. Bowers, Mayor
DAB/jj
RECEIVED
SEP 29 1999
MAYr~£
COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES
Incorporated
10306 Eaton Place, Suite 320 · Fairfax, Virginia 22030-2201 · Toll Free (800) 368-3757 ° Fax (703) 591-2206 · Email calea@calea.org
September 27, 1999
The Honorable David A. Bowers
City of Roanoke
215 Church Avenue SW
Roanoke, VA 24011
Dear Mayor Bowers:
I am pleased to inform you that the Commission on Accreditation for Law
Enforcement Agencies, Inc. (CALEA®) awarded Re-accredited status to the
following agency in your state. This action was taken at its meeting in Montreal,
Canada on July 31, 1999.
Roanoke City Police Department
This agency belongs to an elite group of over 500 law enforcement
agencies in the United States, Canada and Barbados that have received this
prestigious, international recognition. Citizens in the Great State of Virginia
deserve to know that this agency, like schools and hospitals, has taken
extraordinary steps to demonstrate its professionalism and pride in delivering
quality law enforcement service to its community.
The Commission is an independent, nonprofit organization, founded by
the four law enforcement membership associations: the International Association
of Chiefs of Police, the National Organization of Black Law Enforcement
Executives, the National Sheriff's Association and the Police Executive Research
Forum. The Commission is comprised of Chiefs, Sheriffs, elected officials and
community leaders appointed by the four founding organizations. CALEA
maintains a body of professional, law enforcement standards and administers a
voluntary process for participation.
"ACCREDITATION RECOGNIZES PROFESSIONAL EXCELLENCE"
Each agency seeking accreditation must enter the program voluntarily.
Once eligible, the agency must meet or exceed all applicable standards
contained in CALE^'s manual of 439 standards. The standards address all
areas of administration, operation, and technical support activities. Following a
thorough self-assessment, the agency receives a vigorous on-site assessment
by a team of assessors, trained by CALEA. The assessors carefully review
policy, observe procedures, interview personnel, and seek public input from the
community. The team's final report forms the basis for a post-assessment
hearing before the Commission. The three-year award requires an agency's
commitment to maintain compliance with standards and offers an opportunity for
reaccreditation of their compliance into the future.
You can be tremendously proud of the men and women in this agency.
Congratulations!
Respectfully yours,
Sylvester Daughtry, Jr.
Executive Director
SD/jo
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
October 7, 1999
File #79-319
Sandra H. Eakin
Deputy City Clerk
James D. Ritchie, Sr.
Acting City Manager
Ro. anoke, Virginia
William M. Hackworth
City Attorney
Roanoke, Virginia
Gentlemen:
I am attaching copy of a petition from the Harrison Museum of Afdcan Amedcan Culture
requesting exemption from taxation of certain real property located at Rutherford Avenue,
N. W., 319 and 319A Jefferson Street, and 321 and 323 Jefferson Street in the City of
Roanoke, which petition was before the Council of the City of Roanoke at a regular
meeting which was held on Monday, October 4, 1999.
On motion, duly seconded and unanimously adopted, the request was referred to the
Acting City Manager and the City Attorney for study, report and recommendation to
Council.
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
Curtis J. Welcher, President, Board of Directors, Harrison Museum of African
American Culture, 523 Harrison Avenue, N, W., Roanoke, Virginia 24017
James D. Grisso, Director of Finance
C:~4yFile~kx:t4.wlx[ I
VIRGINIA:
RECEIVED
CITY CLERKS OFFICE
15 R2:30
IN THE COUNCIL OF THE CITY OF ROANOKE
PETITION FOR A RESOLUTION SUPPORTING THE
EXEMPTION FROM TAXATION OF CERTAIN PROPERTY
PURSUANT TO ARTICLE X, SECTION 6 (a)(6) OF THE
CONSTITUTION OF VIRGINIA
TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY
OF ROANOKE:
1. Your Petitioner, Harrison Museum of At. can American Culture in the City of
Roanoke, 523 Harrison Avenue NW; Roanoke, Virginia 24016, a Vfiginia, non-stock,
not for profit corporation is the owner of certain real property located at Rutherford Ave NW;
319 Jefferson Street and 319A; and 321 Jefferson Street and 323 in the City of Roanoke,
Virginia, which properties is City of Roanoke Tax #2121725, 3012802 & 3012803.
2. Your Petitioner desires to be an organization designated by a section within
Article 4, Section 58.1-3650 et seq. of the 1950 Code of Virginia, as mended,
in order that the referenced real estate, to be used exclusively for charitable
and benevolent purposes in responding to the purpose of research, preserve and
interpet the achievements of African Americans, specifically in Western
Virginia, be exempt from taxation under the provisions of Article X,
Section 6 (aX6) of the Constitution of Virginia so long as your Petitioner is
operated not for profit and the property so exempted is used in accordance with
the purpose for which your Petitioner is classified.
3. Your Petitioner respectfully requests that the Council of the City of Roanoke
adopt a resolution in accordance with the requirements of Section 30-19 04
(B) of the 1950 Code of Virginia, as amended, after holding a public hearing with
respect thereto where citizens shall have an opportunity to be heard in order that
legislation involving the designation of property to be exempted from taxation
pursuant to Article X, Section 6 (a)(6) of the Constitution of Virginia may be adopted by
by the Council of the City of Roanoke.
In Compliance with Section 30-19.04 03) the following questions are submitted for
consideration:
o
Whether the organization is exempt from taxation pursuant to Section 501
(c)(3) of the Internal Revenue Code of 1954.
(A) Your Petitioner is exempt from taxation pursuant to Section 501
(c)(3) 0fthe Internal Revenue Code of 1954.
Whether a current annual alcoholic beverage license for serving alcoholic
beverages has been issued by the Alcohol Beverage Control Board to
such organization for such use on such property.
(A) No alcoholic beverage license has been or will be requested or
issued for use on the referenced properties.
Whether any director or officer of the organization has been paid
compensation in excess of reasonable allowances for salaries or
other compensation for persona} servims which such director or
officer actually renders.
(A) No director or officers or your Petitioner are paid compensation
in excess of reasonable allowances for salaries or other compensation
for personal services actually rendered. Your Petitioner has four
salaried employees of whom one is a director.
Whether any part of the net earnings of such organization inures to
the benefit of any individtmt and whether any significant portion of
the services provided by such organization is generated by funds
received by donations, contributions or local, state or federal grants.
As used in this subsection donations shall include the providing of
personal services or .the contribution of in kind or other material
services.
(A) No part of the net earnings of your Petitioner inures to the
benefit of any individual. Your Petitioner provides services primarily
through the generation of local grants, donations and contributions.
Whether the organization provides services for the common good of
the public.
(A) Your Petitioner provides services for the common good of the
public in as much as it provides research, preservation and interpretation
of the achievements of African Americans, specifically in Western
Virginia, and provide an opportunity for all citizens to come together in
appreciation, enjoyment, and greater knowledge of African American
culture.
Whether a substantial part of the activities of the organization involves
carrying on propaganda, or otherwise attempting to influence legislation
and whether the organization participates in, or intervenes in, any
political campaign on behalf of any candidate for public office.
(A) Your Petitioner is not involved in propaganda, influencing legislation
or any political campaign on behalf of any candidate for public office.
No rule, regulation, policy or practice of the organization discriminates on
the basis of religious conviction, race, color, sex or national origin.
(A) No rule, regulation, policy or practice of your Petitioner discriminates
on the basis of religious conviction, race, color, sex or national origin.
The revenue impact to the locality and its taxpayers of exempting the
property.
(A) No significant impact is anticipated as a result of the exemption.
Note: A copy of this Petition is being delivered this day to the City Manager of
the City of Roanoke, Virginia.
WHEREFORE, your Petitioner, Harrison Museum of African American Culture,
respectfully requests to the Council of the City of Roanoke (1) that a resolution
be adopted pursuant to Section 30-19.04 of the Code of Virginia stating the
provisions of subsection B of that Code section have been examined and considered
in conjunction with this petition seeking the designation of property to be exempted
from taxation pursuant to Article X, Section 6 (a)(6) of the Constitution of Virginia
at a public hearing at which citizens have had an opportunity to be heard and (2) that
a recommendation be made to the General Assembly of Virginia that the real
property of your Petitioner be designated by a Section within Article IV, Section
58.1-3650 et seq. exempting this real property of your Petitioner from taxation so
long as your Petitioner is operated not for profit and the property so exempt is used
for the particular purposes of providing service to the community of Western
Virginia.
Respectfully Submitted this 15th day of
September 1999
HARRISON MUSEUM OF AFRICAN
AMERICAN CULTURE
By:
President
Miry F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
October 7, 1999
File #79-243
Sandra H. Eakin
Deputy City Clerk
James D. Ritchie, Sr.
Acting City Manager
Roanoke, Virginia
Gentlemen:
William M. Hackworth
City Attorney
Roanoke, Virginia
I am attaching copy of a petition from The League of Older Americans, Inc., requesting
exemption from taxation of certain real property located at 706 Campbell Avenue, S. W.,
in the CitY of Roanoke, which petition was before the Council of the City of Roanoke at a
regular meeting which was held on Monday, October 4, 1999.
On motion, duly seconded and unanimously adopted, the request was referred to the
Acting City Manager and the City Attorney for study, report and recommendation to
Council.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
Janet D. Nelson, Board President, The League of Older Americans, Inc., P. O. Box
14205, Roanoke, Virginia 24038
Susan B. Williams, Executive Director, The League of Older Americans, Inc., P. O.
Box 14205, Roanoke, Virginia 24038
C:~VlyFiles~3ct4.wpd. I.wpd
VIRGINIA:
RECEIVED
CITY CLERKS OFFtC;£
COUNCIL'99OF Sff 27 P 1:16
THE
THE CITY OF ROANOKE
PETITION FOR A RESOLUTION SUPPORTING THE
EXEMPTION FROM TAXATION OF CERTAIN
PROPERTY
PURSUANT TO ARTICLE X, SECTION 6 (A)(6) OF THE
CONSTITUTION OF VIRGINIA.
TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF
ROANOKE:
1. Your Petitioner, The League of Older Americans, Inc. (LOA Area Agency on
Aging), 706 Campbell Avenue; Roanoke, Virginia, a non-stock, not for profit corporation
has been offered the opportunity to purchase certain real property located at 706 Campbell
Ave, SW. in the City of Roanoke, Virginia, which property is owaaed by Calvary Baptist
Church and therefore has been tax exempt.
2. Your Petitioner desires to be an organization designated by a section within
Article 4, Section 58.1-3650 et seq. of the Code of Virginia as amended, in order that the
referenced real estate, to be used exclusively for charitable and benevolent purposes by
providing services to older citizens, be exempt from taxation under the provision of Article
X, Section 6(a)(6) of the Constitution of Virginia so long as Petitioner is operated not for
profit and the property so exempted is used in accordance with the purpose for which your
Petitioner is classified.
3. Your petitioner agrees to pay to the City of Roanoke an annual service charge
equal to twenty percent (20%) of the City of Roanoke tax levy, which would be applicable
to this real estate, were our organization not be tax exempt, for so long as this tax exemption
continues.
4. Your Petitioner respectfully requests that the Council of the City of Roanoke
adopt a resolution in accordance with the requirements of Section 30-19.04 (B) of the 1950
Code of Virginia, as amended, after holding a public hearing with respect thereto where
citizens shall have an opportunity to be heard in order that legislation involving the
designation of property to be exempted from taxation pursuant to Article X, Section 6 (a)(6)
of the Constitution of Virginia may be presented to the General Assembly of Virginia.
In Compliance with Section 30-19.04 (B) the following questions are submitted for
consideration:
1. Whether the organization is exempt from taxation pursuant to Section 501 (c)(3)
of the Internal Revenue Code of 1954.
(A) Your Petetioner is exempt from taxation pursuant to Section 501
(c)(3) of the Internal Revenue Code of 1954.
Whether a current annual alcoholic beverage license for serving alcoholic
beverages has been issued by the Alcoholic Beverage Control Board to such
organization for such use on such property.
(A) No alcoholic beverage license has been or will be requested or
issued for use on the referenced property.
o
Whether any director or officer of the organization has been paid compensation
in excess of reasonable allowances for salaries or other compensation for
personal services which such director or officer actually renders.
(A) No officers or directors of your Petitioner are paid compensation in
excess of reasonable allowances for salaries or other compensation for
personal services actually rendered.
Whether any part of the net earnings of such organization inures to the benefit of
any individual and whether any significant portion of the services provided by
such organization is generated by funds received by donations, contributions or
local, state or federal grants. As used in this subsection donations shall include
the providing of personal services or the contribution of in kind or other material
services.
(A) No part of the net eamings of your Petitioner inures to the benefit of
any individual and the majority of the services provided by your
Petitioner is generated by local, state and federal funds. In addition, your
Petitioner receives funds from foundations, two United Ways, and from
donations and contributions.
5. Whether the organization provides services for the common good of the public.
(A) Your Petitioner provides services for the common good of the public
in as much as it provides direct and contracted services to older
citzens to promote independence and dignity, such as Meals on
Wheels, vital services transportation and 23 other services.
o
Whether a substantial part of the activities of the organization involves carrying
on propaganda, or otherwise attempting, to influence legislation and whether the
organization participates in, or intervenes in, any political campaign on behalf of
any candidate for public office.
(A) Your Petitioner is not involved in propaganda, influencing
legislation or any political campaign on behalf of any candidate for
public office.
No rule, regulation, policy or practice of the organization discriminates on the
basis of religious conviction, race, color, sex or national origin.
(A)No rule, regulation, policy or practice of your Petitioner
discriminates on the basis of religious conviction, race, color, sex or
national origin.
8. The revenue impact to the locality and its taxpayers of exempting the property.
o
(A) No significant impact is anticipated as a result of the exemption
since the building has been owned by Calvary Baptist Church for 21
years, and as a church, is tax exempt.
Any other criteria, facts and circumstances which the goveming body deems
pertinent to the adoption of such resolution.
(A)
Your Petitioner has served as the area agency on aging for Virginia's
Fifth Planning District since 1972 and has offered a full range of
unduplicated services to the population of senior adults who are
lonely, isolated and/or are homebound, to allow them to remain at
home as long as possible.
WHEREFORE, your Petitioner, the League of Older Americans, Inc (LOA Area Agency
on Aging, Inc.) respectfully requests to the Council of the City of Roanoke (1) that a
resoultion be adopted pursuant to Section 30-19.04 of the Code of Virginia stating the
provisions of subsection B of that Code section have been examined and considered in
conjunction with this petition seeking the designation of property to be exempted from
taxation pursuant to Article X, Section 6 (a)(6) of the Constitution of Virginia at a public
hearing at which citizens have had an opportunity to be heard and (2) that a
recommendation be made to the General Assembly of Virginia that this real property of
your Petitioner be designated by a Section within Article IV, Section 58.1-3650 et seq.
Exempting this real property of your Petitioner from taxation so long as your Petitioner is
operated not for profit and the property so exempt is used for the particular purposes of
providing services for the elderly.
Respectfully Submitted this
27th day of September, 1999
LOA Area Agency on Aging,
Inc. /q ,--..
By:~~::-9 ~ ~
Its Board President
y.
Its Executive Director
RECEiYEO
CiTY CLr.~ OFFfC~
~J9 ~P 30 P1:25
October 4, 1999
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Please reserve space on your 2:00 p.m. agenda for an approximate 10 minute
briefing regarding an emergency change order.
Respectfully submitted,
Acting City Manager
JDR:KBK:afm
cc: William M. Hackworth, City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director of Utilities & Operations
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
October 7, 1999
File #60-236
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34495-100499 amending and reordaining certain
sections of the 1999-2000 Grant Fund Appropriations, providing for appropriation of
$86,995.00, in connection with the Annual Update of the Entitlement Consolidated Plan for
fiscal year 1999-2000. The abovereferenced measure was adopted by the Council of the
City of Roanoke at a regular meeting which was held on Monday, October 4, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
James D. Ritchie, Sr., Acting City Manager
Sherman M. Stovall, Acting Budget Administrator, Office of Management and
Budget
Linda S. Bass, Economic'Development Specialist
Patrick A. Leach, Accountant/Lease Administrator, Billings and Collections
Charles A. Harlow, Grants Specialist, Office of Grants Compliance
C:'~yFiles~-'t4.wlxl
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th da~ of October, 1999.
No. 34495-100499.
AN ORDINANCE to amend and recrdain certain sections of the 1999-2000 Grant
Fund Appropriations, and providing for an emergency.
VVHEREAS, 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 1999-2000 Grant Fund Appropriations, be, and the same are hereby,
amended and reordained to read as follows, in part:
ADDroprlationt
Community Development Block Grant- FY98
Economic Development - FY98 (1) .............................
Unprogrammed- FY98 (2) ...................................
$ 3,098,149
1,026,201
219,387
Community Development Block Grant - FY00 $ 2,842,723
Economic Development - FY00 (3) ............................. 1,107,185
Revenue,
Community Development Block Grant FY00 $ 2,842,723
Trompeter Brothers Loan Repayment (4) ........................ 93,716
1 ) 311-315 Market Street
2) Unprogrammed
3) 311-315 Market Street
4) Trompeter Brothers
Loan Repayment
(035-098-9830-5347)
(035-098-9840-5189)
(035-G00-0030-5347)
$13,005
(13,005)
86,995
(035-035-1234-0016 )
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be
in effect from its passage.
AFl'EST:
City Clerk.
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
October 7, 1999
File #60-236
Sandra H. Eakin
Deputy City Clerk
James D. Ritchie, Sr.
Acting City Manager
Roanoke, Virginia
Dear Mr. Ritchie:
I am attaching copy of Resolution No. 34496-100499 authorizing the City Manager to
amend the Annual Update of the Entitlement Consolidated Plan forFY 1999-2000, and to
execute documents in connection with said amendment; and authorizing execution of an
Agreement with O. Sands Woody, Jr. and Marilyn A. Woody, in connection with renovation
of the structure located at 311,313, and 315 Market Street and 24 Church Avenue, S. E.,
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, October
4, 1999.
MFP:Io
Attachment
pc:
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
Mr. and Mrs. O. Sands Woody, Jr., 984'Hunting Hills Circle, Roanoke, Virginia
24014
Sherman M. Stovall, Acting Budget Administrator, Office of Management and
Budget
Linda S. Bass, Economic Development Specialist
Patrick A. Leach, Accountant/Lease Administrator, Billings and Collections
Chades A. Hadow, Grants Specialist, Office of Grants Compliance
C:~yFilm~-'t4.w~ I .wlxl
INTHECOUNCILOFTHEC1TYOF ROANOKE, VIRGINIA,
The 4th day of October, 1999.
No. 34496-100499.
A RESOLUTION authorizing the City Manager to amend the Annual Update of the
Entitlement Consolidated Plan for FY 1999-2000, and to execute documents in connection with said
amendment; and authorizing execution of an Agreement with O. Sands Woody, Jr. and Marilyn A.
Woody.
WHEREAS, each year, the City receives Community Development Block Grant (CDBG)
and Home Investment Partnership Program (HOME) entitlement funds from HUD to implement a
variety of community development pwgrams;
WHERBAS, these programs are outlined each year as an Anmlal Update to the Five Year
Consolidated Plan;
WHEREAS, City Council approved the FY 1999-2000 ~,nnllal Update oR May 12, 1999, by
Resolution No. 34281-051297; and
WHEREAS, the request of O. Sands Woody, Jr. and Marilyn A. Woody for funds for the
renovation of the structure located at 311,313, and 315 Market Street and 24 Church Avenue, S.E.,
was referred to the City Manager for consideration.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager or his des/gne~ iS h .e!~by authorized, for and on behalf of the City,
to amend the Annual Update of the Entitlement Consolidated Plan for FY 1999-2000, after the
required citizen review, pwvided there are no compelling objections to the Amendment, and to
execute the appropriate documents in connection with HUD for said amendment, said documents
to be approved as to form by the City Attorney, all in accordanco with the City Manager's report
dated October 4, 1999.
2. The City Manager or his designeo is hereby authorized, for and on behalf of the City,
to execute a public/private partnership Agreement with O. Sands Woody, Ir. and Marilyn A. Woody,
for the renovation of the structure located at 311, 313, and 315 Market Street and 24 Church Avenue,
S.E., upon certain terms and conditions as set out in the City Manager's report dated October 4,1999,
said agreement to be in form approved by thc City Attomcy.
ATTEST:
City Clerk.
RECEIYED
C)TY CLER~ OFFIC~
Roanoke, Virginia
October 4, 1999
Report Number 99-42
Honorable Mayor and Members Of City Council
Roanoke, Virginia
Dear Members of Council:
SUBJECT: Authorization to amend 1999-2000 Consolidated Plan Annual
Update and to execute a 1999-2000 CDBG Agreement with O.
Sands Woody, Jr. and Marilyn A. Woody
I. BACKGROUND:
A. On January 9, 1995, City Council authorized a $100,000 loan to Trompeter
Brothers, L.C. for the renovation of 311,313, and 315 Market Street and 24
Church Avenue, SE in the H-1 Historic District.
B. The original loan came from the Economic Development Investment Fund
program account.
C. Under the loan .quidelines, Trompeter Brothers, L.C. had to invest another
$400,000 to rehabilitate the structures, within a five year period or pay the
money back plus interest.
D. Trompeter Brothers, L.C. sold the building in September 1999 after investing
approximately $200,000.
E On October 1, 1999 Trompeter Brothers, L.C. reimbursed the City
$93,716.34, the remaining loan balance.
II. CURRENT SITUATION:
A. O. Sands Woody, Jr. and Marilyn A. Woody purchased 311,313, and 315
Market Street and 24 Church Avenue, SE.
B. O. Sands Woody, Jr. and Marilyn A. Woody propose to renoVate said
structures at a total cost of approximately $700,000 for the following uses;
1. Restaurant and retail space on the first floor
Honorable Mayor and Members of City Council
Report No. 99-42
October 4, 1999
Page 2
2. Office on part of second floor
3 Residential on part of second and all of third floor
This corner of the market district now detracts from the ambience of this
area.
A loan agreement with the following terms has been negotiated by the
applicant and the City:
$100,000 will be loaned to O. Sands Woody, Jr. and Marilyn A.
Woody to assist in the rehabilitation project
The interest rate is 3%, provided the project has been completed
within three (3) years from the date of the agreement. If the project
has not been completed, the interest rate will increase to 7.5% on the
unpaid balance of the loan.
Repayment of loan, including interest and principal, will begin on
June 1, 2000.
Years 1-10 require principal and interest payments based on a 20-
year amortization loan schedule
5. The loan will balloon at the end of 10 years (payable in full)
If a minimum of $400,000 has not been invested by O. Sands Woody,
Jr. and Marilyn A. Woody within three years, the loan will be payable
in full to the City.
The total investment by O. Sands Woody, Jr. and Marilyn A. Woody
shall not be less than $700,000.
The work to be completed in accordance with the conditions of the loan
agreement is as follows:
1. Renovate the first floor for use as retail space
2. Renovate part of second floor for office space
Honorable Mayor and Members of City Council
Report No. 99-42
October 4, 1999
Page 3
Renovate part of second and all of third floor for residential space
F. $700,000 is projected as the total cost of renovation to these buildings.
A substantial amendment is needed to the Annual Update as a result of the
loan to O. Sands Woody, Jr. and Marilyn A. Woody.
The public comment period began September 2, 1999 and ended October
1, 1999. No comments were received.
Authorization is required from City Council to amend the Annual Update and
execute the necessary agreement with O. Sands Woody, Jr. and Marilyn A.
Woody.
III. ISSUES:
A. Funding
B. Timing
C. Downtown revitalization.
D. Consistency with the Consolidated Plan Goals.
IV. Alternatives:
Authorize the Acting City Manager or Acting Assistant City Manager to
amend the 1999-2000 Annual Update to reflect this public/private
partnership between the city of Roanoke, O. Sands Woody, Jr. and Marilyn
A. Woody and funding for the project, including submission of appropriate
documents to HUD following the public review and comment period.
Authorize the Acting City Manager or Acting Assistant City Manager to
execute, and the City Clerk to attest, a CDBG Agreement with O. Sands
Woody, Jr. and Marilyn A. Woody (similar in form and content to Attachment
A) and amendments thereto, if necessary, approved by the City Attorney.
Any such amendments shall be within the limits of the funds appropriated by
City Council and the purposes set forth in the Agreement for the prOject; and
Honorable Mayor and Members of City Council
Report No. 99-42
October 4, 1999
Page 4
Authorize the Director of Finance to increase the CDBG revenue estimate
by $86,995 in revenue account number 035-035-1234-0016 and appropriate
$86,995 to the expenditure account number 035-G00-0030-5347 (311-315
Market Street Project); and authorize the Director of Finance to transfer
$13,005 from account number 035-098-9840-5189 (Unprogrammed CDBG
funds) to account number 035-098-9830-5347 (311-315 Market Street
Project) for a total cost of $100,000.
1. Funding is available as stated above.
2. Timing is critical in order for the project to proceed.
3. Downtown revitalization will be greatly enhanced.
Consistency with Consolidated Plan Goals will be maintained.
Outcomes resulting from the activity undertaken by this agreement
include the renovation of a dilapidated historic property, the return of
additional retail space on the ground floor and the creation of
additional jobs. These are slated objectives and priorities of the plan.
Do not authorize the Acting City Manager or Acting Assistant City Manager
to amend the 1999-2000 Annual Update to reflect this public/private
partnership between the City of Roanoke, O. Sands Woody, Jr. and Marilyn
A. Woody project.
1. Funding would not be an issue.
2. Timing would not be an issue.
3. Downtown revitalization .opportunity would be missed.
4. Consistency with the Consolidated Plan Goals would not be an issue.
V. RECOMMENDATION:
Authorize the City Manager or Acting Assistant City Manager to amend the
1999-2000 Annual Update to reflect this public/private partnership between
the City of Roanoke, O. Sands Woody, Jr. and Marilyn A. Woody and
funding for the project, including submission of appropriate documents to
HUD following the public review and comment period.
Honorable Mayor and Members of City Council
Report No. 99-42
October 4, 1999
Page $
Authorize the Acting City Manager or Acting Assistant City Manager to
execute, and the City Clerk to attest, a CDBG Agreement with O. Sa,'~ds
Woody, Jr. and Marilyn A. Woody (similar in form and content to Attachment
^) and amendments thereto, if necessary, approved by the City Attorney.
Any such amendments shall be within the limits of the funds appropriated by
City Council and the purposes set forth in the Agreement for the project; and
Authorize the Director of Finance to increase the CDBG revenue estimate
by $86,995 in revenue account number 035-035-1234-0016 and appropriate
$86,995 to the expenditure account number 035-G00-0030-5347 (311-315
Market Street Project); and authorize the Director of Finance to transfer
$13,005 from account number 035-098-9840-5189 (Unprogrammed CDBG
funds) to account number 035-098-9830-5347 (311-315 Market Street
Project) for a total cost of $100,000.
Respectfully submitted,
Ja_r~ D. Ritchie
Acting City Manager
JDH/CAH/
CC~
Diane S. Akers, Acting Assistant City Manager
William M. Hackworth, City Attorney
James D. Grisso, Director of Finance
Sherman M. Stovall, Acting Budget Administrator
Linda S. Bass, Economic Development Specialist
Patrick A. Leach, Billings and Collections
Charles A. Harlow, Grants Specialist
AGREEMENT
Dated as of this ~ day of October, 1999, by and between the CITY OF ROANOKE,
VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth
of Virginia, hereinafter referred to as the "Grantee", and O. SANDS WOODY, JR.,and MARI[_YN
A. ~/OODY hereinafter referred to as the "Subgrantee";
WHEREAS, the Subgrantee is undertaking the renovation or rehabilitation of certain buildings
located at 311, 313, and 315 Market Street and 24 Church Avenue, SE in the H-1 Historic District;
WHEREAS, a need exists in the City of Roanoke to encourage the preservation and
renovation or rehabilitation (hereinafter referred to as "renovation") of historically significant
structures in the City;
WHEREAS, in consideration of the performance by the City of its obligation hereunder to
lend up to a maximum of $100,000.00 of federal Community Development Block Grant (CDBG)
funds to the Subgrantee, the Subgrantee is agreeable to renovating the above buildings, and such
renovated buildings would represent an approximate total $700,000.00 investment by the Subgrantee;
WHEREAS, the City Council has authorized as part of the City's CDBG program, the loan
of grant funds to the Subgrantee, to help renovate the buildings located at 311, 313, and 315 Market
Street and 24 Church Avenue, SE in the H-1 Historic District, and City Council has, by Resolution
No. -100499, adopted October 4, 1999, authorized execution of this Agreement; and
WHEREAS, the United States Department of Housing and Urban Development (HUD) has
declared the use of CDBG funds for this purpose to be an eligible activity if carded out in accordance
with applicable federal, state, and local laws, statutes, and regulations.
NOW THEREFORE, the parties hereto mutually agree as follows:
SCOPE OF SERVICES:
(a)
The City shall loan $100,000.00 of CDBG funds to the Subgrantee in accordance with
the terms and conditions of this Agreement. Such loan shall only be used by the
Subgrantee to assist in the renovations of certain buildings located at 311, 313, and
315 Market Street and 24 Church Avenue, SE in the H-1 Historic District. The
renovation work shall consist of the items set forth as Exhibit A attached hereto and
by this reference made part hereof. Such renovation work shall be in accordance with
plans submitted in connection with the Subgrantee's application for a Certificate of
Appropriateness from the city's Architectural Review Board (ARB) on August 19,
1999, and the Certificate granted by the City's ARB, or any amended certificate the
(c)
e
Woody Agreement
ARB may grant subject to State Historic Preservation review and in compliance with
applicable local, state, and federal laws and regulations.
The Subgrantee agrees that it will complete the renovation of the properties in
substantial compliance with the conceptual drawing submitted to the ARB on or
before December 31, 2000 and will result in 15,750 gross square feet of mixed-use
space for restaurant, office and residential use in the buildings located at 311, 313,
and 315 Market Street and 24 Church Avenue, SE. The total investment in
renovating the properties, including the loan made pursuant to this Agreement, shall
be not less than $700,000.00.
The Subgrantee specifically agrees to comply with the Secretary of the Interior's
Standards for Rehabilitation of Historic Properties. Assistance in providing
information on how these standards may apply will be provided by the State7 s Historic
Preservation Officer, but the Subgrantee is responsible for complying with these
standards.
The loan from the City to the Subgrantee shall be evidenced by a non-negotiable promissory
note from the Subgrantee in the form attached hereto as Exhibit B.
The terms and conditions of the loan shall be as follows:
(a)
Term - 10 years with principal and interest repayments to be made once a year
commencing on June 1, 2000, and each year thereafter on June 1 of each year
thereafter until paid in full, all in accordance with a ten year amortization schedule
attached hereto as Exhibit C.
(b)
Interest rate - Interest shall be charged at a rate of three percent (3%) per annum
compounded annually on the unpaid balance, with interest to start accruing on the full
amount of the loan June 1, 2000. Should the project not be completed within three
years from the date of the agreement, the interest rate will increase to 7.5% on the
unpaid balance of the loan.
All payments pursuant to this Agreement shall be made at the offices of the City of Roanoke,
Office of Billings and Collections, 215 Church Avenue, Roanoke, Virginia 24011.
PAYMENT PROCEDURE:
The loan funds shall be disbursed for payment for use in the design and construction of the
renovation project in the time and manner hereinafter provided. After obtaining ownership
of the property to be renovated, the Subgrantee may request payment of up to 90% of the
$100,000.00 in CDBG funds to be loaned to it by the City. Such request for loan fund
Page 2 of 7
Woody Agreement
disbursements are to be made no more frequently than once a month on AIA application and
certificate for payment forms G702 and G703 prepared by the project architect and properly
executed and acknowledged by all parties thereto at least 30 days prior to the requested date
of disbursement. Requisition and request for loan disbursements shall be made to the City's
Office of Economic Development and shall be supported by invoices and all other documents
and records required by the City's Office of Grants Compliance. Following review and
approval of the request for disbursement of loan funds, the City shall make disbursement of
the funds to the Subgrantee. The request by the Subgrantee for the final 10% of the loan
funds may be made upon substantial completion of the renovation project.
INDEMNIFICATION:
The Subgrantee agrees and binds itself and its successors and assigns to indemnify, keep and
hold the City and its officers, employees, agents, volunteers and representatives free and
harmless from any liability on account of any injury or damage of any type to any person or
property growing out of or directly or indirectly resulting from any act or omission of
Subgrantee including: (a) Subgrantee use of the streets or sidewalks of the City or other
public property; (b) the performance under this Agreement; (c) the exercise of any right or
privilege granted by or under this Agreement; or (d) the failure, refusal or neglect of
Subgrantee to perform any duty imposed upon or assumed by Subgrantee by or under this
Agreement. In the event that any suit or proceeding shall be brought against the City or any
of its officers, employees, agents, volunteers or representatives at law or in equity, either
independently or jointly with Subgrantee on account thereof, Subgrantee upon notice given
to it by the City or any of its officers, employees, agents, volunteers or representatives, will
pay all costs of defending the City or any of its officers, employees, agents, volunteers or
representatives in any such action or other proceeding. In the event of any settlement or any
final judgement being awarded against the City or any or its officers, employees, agents,
volunteers or representatives, either independently or jointly with Subgrantee then Subgrantee
will pay such settlement or judgement in full or will comply with such decree, pay all costs
and expenses of whatsoever nature and hold the City or any of its officers, employees, agents,
volunteers or representatives harmless therefrom.
COMPLIANCE WITH FEDERAL REGULATIONS:
The Subgrantee agrees to abide by the applicable HUD conditions for CDBG programs as set
forth in Exhibit D entitled Federal Requirements, including Section 3 Compliance as set forth
in Exhibit E, and all other applicable federal, state, and local laws or regulations relating to
any specific programs performed hereunder. Exhibits D and E are incorporated herein by
reference. Further, the Subgrantee agrees to require compliance with applicable federal, state,
and local laws and regulations by its contractor, by agreement.
Page 3 of 7
ge
e
10.
11.
12.
Woody Agreement
UNIFORM ADMINISTRATIVE REQUIREMENTS:
The Subgrantee shall comply with the requirements and standards of OMB Circular No.
A-122, "Cost Principles for Non Profit Organizations" and with OMB Circular No. A-110.
FEDERAL LABOR STANDARDS PROVISIONS:
The Subgrantee and all contractors engaged under a contract in excess of two thousand
dollars ($2,000.00) for the constmction, renovation, rehabilitation, completion, or repair of
any building or work financed in whole or in part with the assistance provided under this
Agreement shall comply with HUD requirements pertaining to such contracts and the
applicable requirements of the regulations of the Department of Labor under 29 CFR Parts
3 and 5, and more fully detailed in Exhibit F to this Agreement. The Subgrantee shall cause
or require to be inserted in full in any such contracts subject to such regulations, the
provisions meeting the requirements of 29 CFR Part 5.5.
PROGRAM INCOME:
"Program Income" means gross income received by the City or the Subgrantee directly
generated from the use of CDBG funds. Program income expected to be generated as a result
of this Agreement are the principal and income payments to the City from the Subgrantee.
RECORDS AND REPORTS:
The Subgrantee shall maintain full and accurate records with respect to all matters covered
under this Agreement. All records pertaining to this Agreement and the design and
construction performed pursuant to it shall be retained for a period of four (4) years after the
expiration of this Agreement. Appropriate City and/or HUD personnel shall have free access
to those records during the Agreement duration and the following three-year time period.
SUSPENSION AND TERMINATION:
Suspension or termination may occur if the Subgrantee materially fails to comply with any
term of this Agreement, and the Agreement may be terminated by mutual agreement of the
parties upon notification to HUD, setting forth the reasons for such termination, the effective
date, and in case of partial termination, the portion to be terminated.
REVERSION OF ASSETS:
On or before December 1, 2000, the Subgrantee shall provide the City documentation
evidencing that at least $700,000.00 in addition to the $100,000.00 loaned pursuant to this
Agreement has been invested in the planned renovations. The Subgrantee agrees that in the
Page 4 of 7
13.
14.
15.
16.
Woody Agreement
event it fails to provide such documentation or has failed to expend the requisite $700,000.00,
in addition to the $100,000.00 loaned from the City, it shall repay the City the percentage of
the full $100,000.00 equal to the percentage which $700,000.00 exceeds the actual sum
expended not to include the $100,000.00 loan, plus all accrued interest to date, within ten
(10) days of City's written request for such repayment. However, the remaining balance of
the loan will be repaid by the Subgrantee to the City in accordance with the amortization
schedule attached as Exhibit C, or as that schedule may be amended by the parties to reflect
any payments mentioned above.
CONFLICT OF INTEREST:
No employee, agent, consultant, officer or appointed official of the City, who is in a position
to participate in a decision-making process or gain inside information with regard to any
CDBG activity, may obtain a personal or financial interest in any contract, subcontract, or
agreement with respect thereto, or in the proceeds thereunder, either for themselves, their
family, or business associates, during their tenure or for one (1) year thereafter.
THIRD PARTY CONTRACTS:
The City shall not be obligated or liable hereunder to any party other than the Subgrantee.
TIME OF PERFORMANCE, PART H, FOR LOAN:
This Agreement shall remain in full force and effect until the Subgrantee has repaid the City
the full amount of principal and interest provided for hereunder unless otherwise terminated
in accordance with the terms of this Agreement, in which case the Subgrantee shall repay the
entire balance of the loan, plus applicable interest, within 30 days after such termination.
OTHER PROVISIONS:
(a) This Agreement shall be binding upon each of the parties and their assigns,
purchasers, trustees, and successors.
(b) The City from time to time may request changes in the obligations of the Subgrantee
hereunder. In such event, such changes which are mutually agreed upon by the City
and the Subgrantee shall be incorporated in a written amendment to this Agreement.
(c) The Subgrantee agrees to cooperate and to execute any additional documents and
take such additional action as may be necessary or appropriate to complete the
requirements that may be necessary to comply with the appropriate federal, state, and
local laws or regulations applicable to CDBG grants and loans in effect as of the date
of this Agreement.
Page 5 of 7
Woody A40'eement
17.
18.
ENTIRE AGREEMENT:
This Agreement, including all of its Exhibits, represents the entire agreement between the
parties and this Agreement shall not be modified, amended, altered or changed, except by
written agreement executed by the parties.
GOVERNING LAW:
This Agreement shall be governed by the laws of the Commonwealth of Virginial
The City and the Subgrantee each for itself represents and warrants to the other party hereto:
that it is duly organized and validly existing under all applicable laws and regulations; that it
has all requisite power and authority to enter into this Agreement which is legally binding
upon it; and, that it has all requisite power and authority to perform its obligations under this
Agreement and incidental hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year hereinabove written:
ATTEST:
CITY OF ROANOKE
Mary F. Parker, City Clerk
By
City Manager/Assistant City Manager
O. SANDS WOODY, IR.
Witness
By
Co-Owner
MARILYN A. WOODY
Witness
By
Co-Owner
Page 6 of 7
Woody Agreement
Approved as to form:
Appropriation of Funds Required for
this Agreement Certified:
Assistant City Attorney
Director of Finance
Date:
Account No. 035- - -
035-~- .-
035-
Approved as to CDBG eligibility:
this Agreement Certified:
Approved as to execution:
Grants Specialist
Assistant City Attorney
Page 7 of 7
PROMISSORY NOTE
$100,000.00
Date: October 4, 1999
FOR VALUE RECEIVED, O. SANDS WOODY, JR.,and MARILYN A. WOODY, hereby
promises to pay to CITY OF ROANOKE (the "City"), without offset, at its offices at 215 Church
Avenue, Roanoke, Virginia 24011, or such other location as City may in writing designate, the
principal sum of ONE HUNDRED THOUSAND DOLLARS ($100,000.00), together with interest
on the unpaid principal balance of this Note at the interest rate of THREE PERCENT (3%) per
annum, compounded annually.
Interest will begin to accrue on the unpaid principal balance of this note on June 1, 2000.
Principal will be payable in ten (10) installments as set forth in Attachment 1 hereto, beginning
on June 1, 2000., and continuing on June 1 of each succeeding year to and including June 1, 2010.
Additionally, on June 1, 2000., and on each June 1, of each succeeding year thereafter until this Note
is paid in full, the amount of interest accrued on the outstanding principal, also as set forth on
Attachment 1 hereto, will be due and payable.
On June 1, 2010, the entire indebtedness hereunder, including all outstanding principal and
accrued but unpaid interest, shall be due and payable.
The Company may prepay all or part of this Note at any time.
This Note is the promissory note referred to in the Agreement dated as of October 4, 1999,
between the Company and the City (the "Agreement"), and evidences the loan made to the Company
by the City, and is entitled to its benefits and subject to its terms and conditions. In the event of a
conflict between the provisions of this Note and the Agreement, the provisions of this Note shall
govern.
The happening of any of the following events shall constitute an event of default: (1) the
failure to make payment in full of all unpaid principal and accrued interest on or before June 1, 2010;
(2) the bankruptcy, reorganization (including the sale of a controlling interest in the Company),
syndication, dissolution or liquidation of the Company; (3) the sale, partial sale, exchange, transfer,
sale under foreclosure or other disposition of the property located at 311, 313, and 315 Market Street
and 24 Church Avenue, SE, Roanoke, Virginia; (4) the failure to timely pay any installment set forth
in attachment 1 hereto within ten (10) days after receipt of written notice of such default; or (5) the
violation of any provision of the Agreement dated October 4, 1999 mentioned above within thrity
(30) days after receipt of written notice of such default.
Upon the occurrence of any event of default, this Note shall, at the sole option of the City,
become immediately due and payable without notice to or demand on the Company. Thereupon, the
Page 1 of 2
City shall have the right, immediately and without notice to the Company or further action by the
City, to set-off against this Note, and all other liabilities of the Company owed to the City, all
obligations for money or money's worth owed by the City in any capacity to the Company, whether
or not due; and the City shall be deemed to have exercised such right of set-off and to have made a
charge against any such obligations immediately upon the occurrence of any event of default
hereunder even though such charge is subsequently made or entered on the books of the Authority.
The Company hereby expressly waives presentment, demand, protest and notice of dishonor,
agrees to pay all expenses incurred in collecting this Note or in preserving or disposing of any
property securing it, including reasonable attorney's fees, if after default this Note is placed in the
hands of an attorney for collection, or if the City finds it desirable to secure the services or advice of
an attorney with regard to collection. The attorney's fees provided for herein are intended by the
Company to include and take into account post-judgment collection efforts on the part of the City's
attorneys.
Any failure or delay by the City to exercise any right hereunder shall not be construed as a
waiver of the right to exercise the same or any other rights at any time.
This Note shall be governed and construed in accordance with the laws of the Commonwealth
of Virginia. Whenever possible, each provision of this Note shall be interpreted in such manner as
to be effective and valid under applicable law, but if any provision of this Note shall be prohibited by
or invalid under such law, such provision shall be ineffective only to the extent of such prohibition
or invalidity, without invalidating the remainder of such provision or the remaining provisions of this
Note.
This Note shall apply to and bind the Company's successors and assigns and shall inure to the
benefit of the City, its successors, and assigns.
IN WITNESS WHEREOF, the Company has caused its name to be signed by its duly
authorized officer as of the date and year first above written.
O. SANDS WOODY, JR.
By
Witness Co-Owner
MARILYN A. WOODY
By
Witness Co-Owner
Page 2 of 2
WOODY LOAN
311-315 MARKET STREET
DATE:
PRINCIPAL:
INTEREST:
TERM:
DUE DATE
06/01/00
06/01/01
06/01/02
06/01/03
06/01/04
06/01/05
06/01/06
06/01/07
06/01/08
06/01/09
06/01 / 10
06/01/11
06/01/12
06/01/13
06/01/14
06/01/15
06/01/16
06/01/17
06/01/18
06/01 / 19
TOTALS
October 4, 1999
$100,000
3%
20 years
PAYMENT
AMOUNT
6,721.57
6,721.57
6,721.57
6,721.57
6,721.57
6,721.57
6 721.57
6 721.57
6 721.57
6721.57
6 721.57
6 721.57
6 721.57
6 721.57
6 721.57
6 721.57
6 721.57
6 721.57
6 721.57
4 968.06
132 677.90
PRINCIPAL
4 721.57
3 863.22
3 979.11
4 098.49
4 221.44
4 348.09
4,478.53
4 612.88
4 751.27
4 893.81
5 O4O.62
5 191.84
5 347.60
5 508.02
5 673.27
5 843.46
6 018.77
6 199.33
6 385.31
4 823.36
100 000.00
INTEREST
2,000.00
2,858.35
2,742.46
2,623.08
2,500.13
2,373.48
2,243.04
2,108.69
1,970.30
1,827.76
1,680.95
1,529.73
1,373.97
1,213.55
1,048.30
878.11
702.80
522.24
336.26
144.70
32,677.90
LOAN
BALANCE
100 000.00
95 278.43
91 415.21
87 436.10
83 337.61
79 116.17
74 768.08
70 289.54
65 676.66
60 925.39
56 031.58
50 990.96
45 799.12
40,451.52
34,943.50
29,270.23
23,426.77
17,408.00
11,208.67
4,823.36
0.00
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
October 7, 1999
File #60-526
Sandra H. Eakin
Deputy City Clerk
James D. Ritchie, Sr.
Acting City Manager
Roanoke, Virginia
Dear Mr. Ritchie:
I am attaching copy of Ordinance No. 34498-100499 authorizing the City of Roanoke's
participation in the New River Valley Commerce Park Project; approving the Participation
Agreement for said Project; authorizing the Mayor to execute the Participation Agreement;
authorizing the purchase of 10,000 shares in Phase I of the Project; and authorizing the
City Manager to take such further action and provide such documentation as may be
necessary in connection with the City's participation in the Project to the extent set forth
herein. The abovereferenced measure was adopted by the Council of the City of Roanoke
at a regular meeting which was held on Monday, October 4, 1999.
Sincerely, p~.,,~,,~_
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
Sherman M. Stovall, Acting Budget Administrator, Office of Management and
Budget
C:~V[yFilc~Xoct4.wpd. I .wlxi
II~TH]~COUNCILOFTHECITYOF ROANOK]E, VIRGD4IA
The 4th day of October, 1999.
No. 34498-100499.
AN ORDINANCE authorizing the City ofRoanoke's participation in the New River Valley
Commerce Park Project (Project); approving the Participation Agreement for that Project;
a~thorizing the Mayor to execute the Participation Agreement; authorizing the purchase of 10,000
shares in Phase I of the Project; authorizing the City Manager to take such further action and provide
such documentation as may be necessary in connection with the City's participation in the Project to
the extent set forth herein; and providing for an emergency.
WHEREAS, V'~rginia's First Regional Industrial Facility Authority was formed in September
1998, in order to promote the concept of regional industrial parks in the Southwest V'trginia area; and
WttEREAS, the City of Roanoke is a member of the Authority, and
WttEREAS, the Authority and several participating jurisdictions have identified the
development of the New River Valley Commerce Park Project (Project) located near New River
Valley Airport in Pulnsld County as the initial Project for the Authority, and
WHEREAS, the City of Roanoke intends to be a participant in the Project by purchas!n, g
10,000 shares in the Project.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. City Council hereby approves provisions of the Participation Agreement that is
attached to the report to this Council dated October 4, 1999, provided that the final Participation
Asr.eement will be the san~ or substantially similar to the one attached to that report.
2. The Mayor and the City Clerk are hereby authorized on behalf of the City to execute
and attest, respectively, a Participation Asreement in a form substantially similar to the one attached
to the above report, such Participation Agreement to be approved as to form by the City Attorney.
3. The City Manager or the Assistant City Manager and the Director of Finance are
authorized to purchase on behalf of the City 10,000 shares in Phase I of the Project at a projected
cost of $2.75 per share, but in no event to exceed the sum°f$3.00 per share with an annual projected
cost to be $27,500 pursuant to the terms of the Participation Agreement, and those persons are
.further authorized to execute and provide any appropriate documentation necessary to purchase the
10,000 shares.
4. The City Manager or the Assistant City Manager is authorized to take such further
action as may be necessary and provide any necessary documemafion to ensure the City's
participation in the Project, all as more fully set forth in the above mentioned report to Council.
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:
cityo .
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
October 7, 1999
File #60-526
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34497-100499 amending and reordaining certain
sections of the 1999-2000 General Fund Appropriations, providing for appropriation of
$27,500.00, in connection with approval and execution of an agreement for the City's
participation in the New River Valley Commerce Park Project and the purchase of 10,000
shares in Phase 1 of the Project. The abovereferenced measure was adopted by the
Council of the City of Roanoke at a regular meeting which was held on Monday, October
4, 1999.
Sincerely, ~~l~u~,~--
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
James D. Ritchie, Sr., Acting City Manager
Kit B. Kiser, Director, Utilities and Operations
Sherman M. Stovall, Acting Budget Administrator, Office of' Management and
Budget
C:~v[y Files~3ct4. wpd. I .wlxi
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th (~ay of October, 1999.
No. 34497-100499.
AN ORDINANCE to amend and recrdain certain sections of the 1999-00 General
Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Govemment of the City
of Roanoke, an emergency is declared to exisL
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that
certain sections of the 1999-00 General Fund Appropriations, be, and the same are
hereby, amended and mordained to read as foil°wa, in part:
ApDmDrlaflone
Community Development
Memberships and Affiliations (1) ................................
Nondepartmental
Contingency - General Fund (2) ......... ; ......................
1) Virginia Regional
Industrial Facility (001-002-7220-3789) $ 27,500
2) Contingency (001-002-9410-2199) (27,500)
$ 3,321,799
1,801,232
$ 61,473,534
347,776
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passeg~
ATTEST:
· . CityClerk.
RECEIVED
CITY CLERKS OFF!CE
'99 SEP 30 AIO:04
October 4, 1999
Report #99-47
The Honorable Mayor David A. Bowers
and Members of City Council
Roanoke, Virginia
SUBJECT: Virginia's First Regional Industrial Facility Authority
I. BACKGROUND:
Regional commerce parks were identified during the New Century Council
Visioning process as a need for the New Century Region.
The establishment of multiple regional parks within the New Century Region
became a clear objective.
The Virginia Regional Industrial Facilities Act, sponsored by Senator Bo Trumbo,
and approved by the General Assembly of the Commonwealth of Virginia in
1997, made the concept of regional parks a reality under Virginia law, allowing
multiple local jurisdictions in the New Century Region to enter into Agreement
and form industrial facility authorities.
Council Member and Chairman of the Economic Development Commission,
James O. Trout, and Phillip Sparks, former Chief of Economic Development,
were appointed to represent the city on a Study Committee for the proposed
Authority in January, 1998.
Monthly planning meetings have been held since February 12, 1998, with as
many as sixteen (16) localities actively participating.
Fo
Virginia's First Regional Industrial Facility Authority was formed by Agreement
on September 1, 1998, with the following members: Bland County, Craig
County, Giles County, Montgomery County, Pulaski County, Roanoke County,
Wythe County, Radford City, Roanoke City, Salem City, Town of Christiansburg,
Town of Dublin, Town of Narrows, Town of Pearisburg and the Town of Pulaski.
An initial $5,000 fee was established for localities participating in the Authority.
Any future fees and/or assessments would be capped collectively at $5,000 per
year to cover initial startup costs, such as legal fees, support staff, and related
functions. City Council has approved this level of participation.
Honorable Mayor & Members of City Council
October 4, 1999
Page 2 of 6
Ho
The Study Committee agreed to separate the formation of Virginia's First
Regional Industrial Facility Authority from the actual proposed Commerce Park
project.
The Authority is vested with the powers of a corporate body, including but not
limited to, the power to sue and be sued in its own name and to issue bonds for
any valid purpose.
The Industrial Facilities Act established by the General Assembly of the
Commonwealth of Virginia made no provision for a locality to withdraw under
any circumstances from Virginia's First Regional Industrial Facility Authority
once membership has been established.
II. CURRENT SITUATION:
The Authority and participating jurisdictions have identified the development of
the New River Valley Commerce Park, located near the New River Valley
Airport in Pulaski County, Virginia, as the initial project. (See Attachment A -
Project Description)
Project Participation Committee will be formed by members of the Authority
desiring to participate in the project. (See Attachment B - List of Jurisdictions and
their Participation Levels.)
Pulaski County Board of Supervisors has agreed to purchase all outstanding
shares of stock after the Round 2 offering has been completed.
The Virginia's First Regional Industrial Facility Authority has approved the New
River Valley Commerce Park Participation Agreement - Initial Phase.
(Attachment C)
The participating jurisdictions voted on September 22, 1999, to recommend that
participating localities approve the Agreement and the appropriation of funding.
F. The Participation Agreement provides for the following:
An offering of 150,000 shares of stock, with participating localities able to
purchase up to 10,000 shares in Round 1 at a projected cost of $2.75 per
share. Annual cost is projected to be $27,500. (See Attachment D -
Financing Plan)
Roanoke City may initially purchase 10,000 shares. The annual
cost is projected to be $27,500.
Honorable Mayor & Members of City Council
October 4, 1999
Page 3 of 6
The offering share price shall include payment of annual debt
service, including financing costs and expenses and administration
costs and expenses for the committee to operate the project.
No provision has been made to purchase any of the 8,932 shares available
to Roanoke City in Round 2. However, during Round 2 City Council may
elect to purchase up to 8,932 additional shares, this would require a
separate action of Council.
No additional costs or expenses of the project, including administrative
expenses, shall be charged to any participant without the expressed written
consent of that participant.
Any enlargement of the scope of the project in excess of these components
shall require unanimous consent of all participants.
The affairs of the committee shall be conducted by the majority of the
shares entitled to vote unless this Agreement requires unanimous consent.
Each share is entitled to 1 vote. (1 representative per participation
jurisdiction.)
Any participant failing to make their annual contribution after more than
twenty (20) days from a written demand by the Participation Committee
will forfeit all interests and shares in the project, but will not be relieved of
liability. Liability can only be relieved by the lender.
Participants in the proiect may sell their shares subject to the approval of
the committee. Participants must first offer their shares to other members.
Sale must be accepted by the bond holder and all other secured creditors.
Host locality shall retain all real estate taxes and 5% of the revenues from
machinery and tool taxes as a Host Fee and the Authority will retain an
administrative fee of 1%.
Participants will share in the remainder of machinery and tool taxes of
$1.50 per $100 assessed at 48% of the original capitalized cost, based on
number of shares owned. (see Attachment E - Revenue Sharing example)
10.
Them will be no tax revenue generated until a company has located in the
Commerce Park. The time frame for location of a company is unknown.
There will be two loans, one for ten years and one for forty. The initial
commitment sets a higher price per share, $2.75, for the first ten years in order to
pay both loans.
Honorable Mayor & Members of City Council
October 4, 1999
Page 4 of 6
Participation costs after the first ten years will depend on financing terms, but
participants will pay until the debt is satisfied.
III. ISSUES:
A. Regional Economic Development
B. Timing
C. Funding
IV. ALTERNATIVES:
A. City Council agree to the following:
Approve the Participation Agreement that will be the same or substantially
similar to the one attached to this report.
Authorize the Mayor to execute the Participation Agreement in a form
substantially similar to the one attached to this report and that is approved
as to form by the City Attorney.
Approve the purchase of 10,000 shares at $2.75 per share, not to exceed
$3.00 per share. Annual cost is projected to be $27,500.
Approve the appropriation of $27,500 from Account Number 001 002
9410 2199 (Contingency Account) to Account Number 001 002 7220
3789 (Development of New River Valley Commerce Park).
The proiected amount of $27,500 per year for the next nine years will have
to be included in the adopted budgets.
ao
Regional Economic Development cooperation will be enhanced
because only industries whose requirements preclude their location
in any participating jurisdiction's industrial parks would be
accepted.
bo
Timing - All participating localities must approve and sign the
Agreement by October 31, 1999, prior to Pulaski County's
submission of an application to the Commonwealth of Virginia for
a $1,375,000 grant.
Honorable Mayor & Members of City Council
October 4, 1999
Page 5 of 6
c. Funding is available in account # 001 002 9410 2199 (Contingency
Account).
B. City Council not agree to the following:
1. Approve the Participation Agreement that will be the same or substantially
similar to the one attached to this report.
2. Authorize the Mayor to execute the Participation Agreement in a form
substantially similar to the one attached to this report and that is approved
as to form by the City Attomey.
3. Approve the purchase of 10,000 shares at $2.75 per share, not to exceed
$3.00 per share. Annual cost is projected to be $27,500.
4. Approve the appropriation of $27,500 from Account Number 001 002
9410 2199 (Contingency Account) to Account Number 001 002 7220
3789 (Development of New River Valley Commerce Park).
5. The projected amount of $27,500 per year for the next nine years will have
to be included in the adopted budgets.
a. Regional Economic Development would not be enhanced.
b. Timing - Delay would jeopardize the $1,375,000 grant.
c. Funding is not an issue.
V. RECOMMENDATION:
A. City Council concur with Alternative A to:
1. Approve the Participation Agreement that will be the same or substantially
similar to the one attached to this report.
2. Authorize the Mayor to execute the Participation Agreement in a form
substantially similar to the one attached to this report and that is approved
as to form by the City Attorney.
3. Approve the purchase of 10,000 shares at $2.75 per share, not to exceed
$3.00 per share. Annual cost is projected to be $27,500.
Honorable Mayor & Members of City Council
October 4, 1999
Page 6 of 6
Approve the appropriation of $27,500 from Account Number 001 002
9410 2199 (Contingency Account) to Account Number 001 002 7220
3789 (Development of New River Valley Commerce Park).
o
The projected amount of $27,500 per year for the next nine years will have
to be included in the adopted budgets.
JDR:cmk
enclosure
C;
Respectfully submitted,
J~sZt¢~
Acting City Manager
Diane S. Akers, Acting Assistant City Manager
James D. Grisso, Director of Finance
William Hackworth, City Attorney
Kit B. Kiser, Director of Utilities and Operations
Sherman M. Stovall, Acting Budget Administrator
Attachment A
PRO,TECT DE$CRTP1-J:ON
The New River valley Commerce Park, Initial Phase ("Project") may,
subject to funding, include the following items:
· acquisition of 3?6 acres of land located in Pulaski County, Virginia (the
"host locality") near or adjoining the New River Valley Airport;
· acquisition of easements for access, water supply, waste water disposal
for the Project;
· continuation of options for approximately 739 acres of land adjoining the
Project for a period of five additional years;
· construction of ! mile of four lane divided access road to the Project site
from the existing public road;
· site grading of at least 40 acres of land to demonstrate the construction
of an industrial pad up to 1§0 acres in size and a demonstration of the
construction of an additional pad of up to 200 acres;
· detailed engineering plans for the provision of up to 6 million gallons of
water supply and waste water disposal per day for the Commerce Park.
Attachment B
Virginia's First Regional ]:ndustrial Facility Authority
New River Valley Commerce Park Phase ]: Znvestors
~Turisdiction Agreement Participation in 1st Project Participation in 2nd Round
Form Shares Value Percentage Shares Value
Bland ? No 0
Craig Yes Yes 2,000 5,500.00 0.0252 1786 4,912.85
Giles Yes Yes 10,000 27,500.00 0.1262 8932 24,564.27
Montgomery Yes Yes 10,000 27,500.00 0.1262 8932 24,564.27
Pulaski Yes Yes 10,000 27,500.00 0.1262 8932 24,564.27
Roanoke Co. Yes Yes 10,000 27,500.00 0.1262 8932 24,564.27
Wythe Yes Yes 9,000 24,750.00 0.1136 8039 22,107.84
Radford Yes Yes 7,950 21,862.50 0.1003 7101 19,528.59
Roanoke City Yes Yes 10,000 27,500.00 0.1262 8932 24,564.27
Salem Yes No 0 0 0 0 0
Christiansbur9 Yes No 0 0 0 0 0
Dublin Yes Yes 1,006 2,766.50 0.0127 899 2,471.17
Narrows Yes No 0 0 0 0 0
Pearisbur9 Yes Yes 2,000 5,500.00 0.0252 1786 4,912.85
Pulaski Town Yes Yes 7,273 20,000.75 0.0918 6497 17,865.59
Private Investors 1,818 0 0 1.000 70771 194,620.25
Total 79,229 217,879.75
Goa I 150,000 412,500.00
Needed 70,771 194,620.25
Attachment C
NEW RIVER VALLEY COMMERCE PARK PROJECT
PARTICIPATION AGREEMENT - INITIAL PHASE
Tins AGREEMENT, dated this the __ day of ,1999 by and between
VIRGINIA'S FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY, a body corporate,
organized and created purmant to Chapter 64 of Title 15.2 of the Code of ~Rrginia, 1950, as
amended, (the "Authority") and THE COUNTY OF CRAIG, VIRGINIA; THE COUNTY OF
GILES, VIRGINIA; THE COUNTY OF MONTGOMERY, VIRGINIA; THE COUNTY OF
PULASKI, VIRGINIA; THE COUNTY OF ROANOK~ VIRGINIA; THE COUNTY OF WYTHE,
VIRGINIA; THE CITY OF RADFORD, VIRGINIA; THE CITY OF ROANOKE, VIRGINIA; THE
TOWN OF DUBLIN, VIKGINIA; THE TOWN OF PEAKISBUKG, VIRGINIA; and THE TOWN
OF PULASKI, VIP. G~ political ~xiivi~'om ofthe Commonwealth of Vkginia and members of
the Authority and participating jurisdictions herein (the "Participants"),
WHEREAS the Authority has been created under the provision of Chapter 64 of Title 1 $.2
of the Code of Virginia, 1950, as amended, to promote economic development in the region; and,
WHEREAS the Participants and the Authority have identified the development of the New
River Valley Commerce Park, Initial Phase, located at the New River Valley Airport in Pulaski
County, V'~rginia (the "Proj~, as an important project for the region to promote the purposes for
which the Authority has been formed; and,
Wgi~i~AS the Authority and the Participants desire to enter into this Agreement for the
purpose of establishing the scope of the Project, the inve~ahent therein of the Authority and the
Participants and the revenue sharing from the Project.
Page 1 of 13
and to create a project wh/ch will promote the economic development of the region and the
Participants, the parties hereto do hereby agree as follows:
I
PROJECT I)ESCRIPTION
The New River Valley Commerce Pm~c, Initial Phase ('~roject") may, subject to funding,
include the following items:
· acquisition of 326 acres of land located in Pulmki County, Vh'ginia (the "host
locality'~ near or adjoining the New River Vall~ Airport;
· acquisition of easements for accel, water mpply, waste water disposal for the
Project;
· continuation of options for ~pproximamly 739 acres of land adjo'ming the Project for
a period of five additional ye~r~;
· cons~uction of 1 mile of four lane divided ~s ro~d to the Project site from the
existing public road;
· site grading of at le~t 40 ~ of land to demommue the construction of an
indusUial pad up to 150 acres in size and a demonslmion of the construction of an
additional pad of up to 2OO ncte~
· detailed engineering plato for the provision ofup to 6 malion gallom of water supply
and waste water disposal per day for the Connnerce Park
Any enlargement of the scope of the 1)roje~t in ex~e-~ of these components shall require
unanimous consent of all Participants.
Septm~ber 2, 1999
Page 2 of 13
!I
PROJECT UNDERTAKEN IN THE NAME OF ~ AUTHORITY
The development of the Project shall be undertaken in the name of the Authority and, subject
to the terms of this Agreement, the Authority, shall own, hold, lease, use, sell, encumber, transfer,
and dispose of any real or personal property comlxising part or all of the Project, provided, however,
that the Authority is herea~er required to take all actions related to the Project as directed by the
Project Participation Committee and may not lease, use, sell, encumber, transfer or dispose of any
real or personal property comprising pan or all of the Project or take any action or perform any
function related to the Project or any portion thereofwilhout the express direction and approval of
the Project participation Committee.
,~J)DmONAL PHASIlS
The Project herein described is the Initial Phase for We New River Valley Commerce Park.
All parties hereto recosr~ize that developmeni of the New River Valley Commerce Park may
involve several phases beyond the Initial Phase. In the event additional Phases to the Commerce
Park are undertaken by the Authority, the Participams herein shall have first priority to purchase
shares in such additional Phases to the Commerce Park in the same proportion as their ownership
in the Initial Phase at such price as th~ pzrties shall heresiter agree, but no Participant in this
Project shall be oblisated to purchase any additional shares in this or any other Phase of the
Commerce Park
PROJIlC"[ PARTICIPATION COMM1TTIlE
The New River Valley Commerce Pz~k Participation Committee (the '~ommittee"), made
Page 3 of 13
up of one representative of each participating jurisdiction, shall have sole responsibility for the
decisions required for the construction, management, and overall implementation of the Project. The
Committee shall set its own rules of operation, elect its own officers, and require the Authority to
take the actions necessary to implement and operate the Project, retain Project consultants and utility.
staff as needed for the Project.
The affairs of the Committee shall be conducted by the tnajority ofthe shares entitled to vote
unless this Agreement requires unanimous consent and each share shall be entitled to one vote.
V
ANNUAL BUDGETS ~ DEFICITS
As soon as practi~e al~er the Committee has formed, and by March I of each furore year,
the Committee shall develop and present to the Participants in the Project its operating and capital
budgets for the fiscal year beghmit~ the following July 1, showi~ all contemplated e~nditures for
operations, capital expenses, debt service and all anticipated revenues from reveme sharing, federal
and state grants, and other sources. This annual budget shall be approved by the Committee on or
before July 1 of each year. Each Particil:~mt and the Authority ~ be entitled to review the financial
records of the Committee upon request. There shall be an atmual audit of the Comm~ee's financial
records performed by a licensed Cerrifled Public Accountant md each atmual audit statement shall
be furnished to each Participant.
The offeri~ share price, to be paid ammally by the Particip~ts to the Authority, shall include
payment of annual debt service, including fimnci~ costs and expenses and admilistaRi~ costs and
expenses for the Committee to operate the Project. No additional costs or expenses oftbe Project,
including adminisu~'ve expenses shall be charged to any Participant without the express w,i~ten
Page 4 of 13
2, 999
VI
FINANCING
Financing of the project shall be arranged in the name of the Authority. All loan obligations
for the Project shall be the sole responsibility of the Committee and the Participants in the Project
which shall reimburse the Authority for all expenses incurred by the Authority for the Project.
Without its express consent, a Participant shall not be responsible for any portion of such loan
obligations and expenses in excess of its proportional interest in the total .outstanding shares of the
Project.
LIMITATION OF LIABILITY
The Committee shall ensure the payment of all oblig~tiom, costs and expenses for the
implementation of this Project such that the Participant~ are solely regmnsible for discharging the
Authority's obligations in respect to the Project. Non-particiinting memhen of ,he Authority and the
Authority itself are not responsible for the financing or debt~ of the Project or the Project
Participation Committee.
CONTRIBUTIONS AND O~nn~
The o~ imzr~ in the Project ~ he d~termined u follows:
1. Each member locality in the Authority ~ be offered 1/15th shar~ in the Project, or
10,000 shares of a 150,000 Share Pool. The value ofthe ~ is dependent upon the
fumnciag s~ructu~ of the Project and ~ include an mmunt for the annual payment of
admini~l~e e~pen,~. ~es can decide if they ~ to accept any or all of the
offered shar~;
Page $ of 13
Septzmbzr 2, 1999
2. All shares not taken under provision 1 shall be then offered to those localities which have
agreed to purchased shares in the Project. Each of those localities may purchase that
portion of the remaining shares equal to the proportion of shares that locality initially
purchased of the total shares purchased by ail localities under provision 1;
3. Any shares in the Project thereaRer remaining shah first be offered to the host locality;
4. Any shares thereafter remaining shall then be offered to others, including private or other
non-member investors, on such terms and for tach consideration as determined by the
participating localities.
5. Each participating locality ("Participant") will contribute annually to the costs and
expenses of the Project, including repayment of any financin~ with intenst and e~qcmnses,
in proportion to the amount of shares it owns to the total outstanding shares, subject to
the limitation that a Participant's annmd couu~ution, per shsre, shall not exceed, without
its consent, the initial share price. Each Participant will receive a distribution of revenue
i~om the Project as provided in Article XII of this Agreement, resources permitting. The
initial annual payment shall be made by each Participant within thirty (30) days after
execution of this Agreement by all Participants.
Should any Participant fail or neglect to make any such annual contribution to support
the Project, including the repayment of financing and all costs and expenses, and such
failure continues for more than twenty (20) days after written demand by the Committee,
such Participant shall forfeit and lose any and all interest and shares in the Project and tach
forfeited shares shall be redistn'btned among the Participants as provided in this Article.
Such forfeiture of shares shall not relieve such Participant of any ~ related to the
Project.
Page 6 of 13
Se~ember 2, 1999
IX
FINANCING PLAN
The financing plan for the implementation of the Project is a combination of grant and loan
sources. F'mancing for the Project will require the Partidpants to share in the annual debt service and
costs on the funds borrowed to complete the Project and administrative costs and expenses.
The total estimated cost of the Project is $6,908,500, and the revenue sources are as follows:
AMOUNT '
Virginia State Grant $1,375,000
FDA/ARC Grant $1,000,000
t VDOT Access Road Grant $ 450,000
Rural Development Loan Guarantee $2,041,750
Rural Development Direct Loan $2,041,750
The annual payment required for each share is that amount which when multiplied by the total
shares outstanding will pay the aramal debt service on the loans to support the Project and shall
include an annual administrative fee as agreed by the Participants. It is agreed that the annual share
price will support the Project, including ~ of financing and ad~.~mtive costs and expenses and
that a Pasticipant's annual payment per share shall never exceed, without its consent, the initial share
price. Annual paymmts by the Participants shall continue until all debt ~-pn~ is accomplished and
may be reduced as loans are paid. ARer all debt service is r~,tired, the annual contribution of each
Participant shall be reduced to that amount which will pay the annual ~inistra~e fee as agreed by
the Participants.
S~ral~r 2, 1999
Pnge7 of 13
X
REQUIREMENT FOR DEVELOPMENT OF ~ PROJECT
All business(es) or industry(ies) locating in the Project shall execute a performance
agreement with the Authority, the Committee and the host locality. Should such business(es) or
industry(ies) require improvements in the infrastructure of the host locality which cannot be
provided through rate based financing, the performance agreement shall provide for payment for
such infrasm~cture on such basis as all parties to the performance agreement, including the host
locality, shall agree. The performance agreement shall contain such other terms and conditions as
the parties may agree, and may include a 8uarantee for payment of sufficient revenue from the
business(es) pr industry(les) to generate an acceptable level of Revenue to the host locality and
the Participants and may include a guarantee that such payment and the Revenue will not be
reduced by any reduction of the tax ra~ abolitie~ of tho madfimry ~d tools tax or r~iuctioa in the tax
paid by th~ business(es) and indusU~i~) a/h= siting becaus~ of a.redu~i~ in the amount of machinery or
tools on the site.
The governing body of the locality in which the Project is located (the "host locality")
shall have the sole and absolute risht to approve or disapprove the business or businesses, industry
or industries which shall be allowed to locate in the Project.
PARTICII~ANTS MAY SELL SHARES
Participants in the Project are authorized to sell their shares in the Project subject to the
approval of the Committee. Prior to offedn~ such shares for sale to any party, the Participant shall
first offer the shares to the remaining Participants in the same order as contained in Section VIII of
this Agreement and at the same price as to be offered for sale to others. The conditions of sale must
Pa~e 8 of 13
September 2, 1999
also be accepted by the bondholders or their representatives, and ail other secured creditors.
REVENUE SHARING
Revenue is defined as the taxes paid by all the business(es) and industry(les) located
in the Project calculated on the machinery and tools to be located by that business or industry/n the
Project at the tax rate in existence in the host locality at the time of the execution of this Agreement
or any increased tax rate imposed by the host locality hereafter. The tax rate in existence in the host
locality of the Project, Pulaski County, V'gghfia, is, aa of the date of the execution of this Agreement
One Dollar Fifty Cents ($1.50) per One Hundred Dollars ($100.00) of value as a,~eased at Forty
Eight percent (48%) of original capitalized cost (the "tax rate"). Revenue amounts shall be
determined and agreed to prior to the siting of any business or industry on the Project. Ne/ther
reduction of the tax rate hereafter, abolition of the machinery and tools tax or reduction in the tax
paid by the business(es) and industry(ies) after siting because of a reduction in the amount of
machinery or tools on the site shall reduce the revem~..e to be paid to the Aut~rity by the host locality.
The revenue generated from the Project will be paid to the Authority by the host
locality in perpetuity and distntntted aa follows:
1. The r .emainin~ revenue shall be distn'h~ed first to pay any current installments of debt due
on the Project, including financing payments of principal and interest, and all costs and
expenses.
2. Because the locality in which the project is located will incur costs, such as police, fire and
public safety expenses, and will suffer loss of income from state and federal sources because
of the location of the project, the host locali~ shall re~_ ,in 5% of the Revenue as a '*host fee.";
3. The Authority will retain an admitl/s~five foe of 1% of the revenue received from the host
Page 9 ofl3
September 2, 1999
4. Any remaining revenue shall be and then distributed to the Participants in the Project based
upon their percentage of shares owned in the Project
Xm
WlTHD~W~ AS A PARTICIPATING JURISDICTION
Once obligations have been incurred by the Authority in favor of the Project, participants in
conditions of withdrawal must also be accepted by all secured debtors and bondholders or their
representatives.
ANNUAL API~ROPRIATIONS
The revenue sharin~ payments and co~h~utions to the Authority and the Committee herein
required by the participants are specifi~y authorized as tolocal $ovemments pursuant to § 1
6406 and § 1 $.2-6407 of the Code of V' ~n~nia, 1950, as amended. In the event such code provisions
are held to be invalid so that the payments and contn~mtions hereunder may be considered to be the
debt of a local government pursuant to Article VII, Section 10 of the V'~rginia Constitution, such
payments and couhi'butions shall not be debt of such participating local government but shall be
subject to and dependmt upon smmal appropriations being made from time to time by its ffoveming
body and each patticllming locality agrees that its chief ~~ive officer shall annually request,
and use his or her best efforts to secure the governing body's approval of such amual appropriations
necessary to make such payments and contributions as required by the provisions of this Agreement.
Sel~mb~r 2, 1999
Pa~e 10 of 13
XV
AMENDMENT
This Agreement may be amended fi'om time to time as the parties may agree, provided all
amendments shall be in writing and shall require unanimous consent of all Participants and the
consent of the Authority and the host locality.
IN WITNESS WUFREOF, the Governing Bodies identified, by authorized action, have
caused this Agreement to be executed, and their respective seals to be afSxed hereto and attested
by their respective clerks or secretaries commencing this __ day, of
1999.
Attest:
VIRGINIA'S FTRST REGIONAL INDUSTRIAL FACiliTY AUTHORITY
Approved ss to Form:
Clerk of the Board
Attom~'sr: VFRI~A
Chairman of the Board
NEW RIVER VALI,EY COMMERCE PARK PARTICIPATION COMMITTEE
Attest: Approved m to Form:
Clerk of the Board
Attorney: VFRIFA
Chairman oftbe Board
Attest:
Approved ss to Form:
COUNTY OF GILES, VmGINIA
Clerk, Board of Supervisors Attorney: Giles County
Chairman, Board of Supervisors
Attest:
COUNTY OF PULASKI, VIRGINIA
Approved ss to Form:
Clerk, Board of Supervisors
Se~g~ml~ 2, 1999
Attorney, Pulaski Co.
Pale 11 of 13
Chairman, Board of Supervisors
Attest:
COUNTY OF WYTHE, VIRGINIA
Approved as to Form:
Clerk, Board of Supervisors Attorney, Wythe County Chairman, Board of Supervisors
Attest:
CITY OF ROANOKE, VIRGINIA
Approved as to Form:
Cl~rk, City Council
Attorney, City of Roanoke Mayor, City.of Roanoke
Attest:
TOWN OF PULASK~ VIRGINIA
Approved as to Form:
Clerk, Town/Council
Attorney, Town of Pulaski Mayor, Town of Pulaski
Attest:
COUNTY OF CRAIG, VIRGINIA
Approved as to Form:
Clerk, Board of Supervisors Attorney, County of Craig Chairman, Board of Supervisors
Attest:
COUNTY OF MONTGOMERY, VIRGINIA
Approved as to Form:
Clerk, Board of Supervisors Attorney, County of Montg. Chairman, Board of Supervisors
Attest:
COUNTY OF ROANOKE, VIRGINIA
Approved as to Form:
Clerk, Board of Supen~ors Atty., County of Roanoke Chairman, Board of Supervisors
September 2, 1999
PaEe 12 of 13
Att~t:
CITY OF RADFORD, VIRGINIA
Approved as to Form:
Clerk, City Council
Attorney, City of Radford Mayor, City of Radford
Att~t:
TOWN OF DUBLIN, VIRGINIA
Approved as to Form:
Clerk, Town Council
Attorney, Town of Dublin Mayor, Town of Dublin
Attest:
TOWN OF PEARISBURG, VIRGINIA
Approved as to Form:
Clerk, Town Council Atty., Town of Pearisburg
,I:\CI.II~N'r~006110~39444~rlicAgR.gV10.dm:
Mayor, Town of Pearisburg
SqXemb~ 2, 1999
Page 13 of 13
Attachment
FINANCING PLAN
The total estimated cost of Phase I of the Project is $6,908,500, and
the revenue sources are as follows:
Virginia 5tare Grant
F_DA/ARC Grant
VbOT Access Road Grant
Rural bevelopment Loan Guarantee
Rural bevelopment birect Loan
$1,375,000
$1,000,000
450,000
$2,041,750
$2,041,750
Attachment
REVENUE SHARTN6 EXAMPLE
· Industry locates and invests $131 million in machinery & tools (M & T)*
and $?0 million in real estate.
· Host real estate tax - $1;.>4,000 (retained by Pulaski County)
· M & T tax yield - $943?00 (to be shared by participating jurisdictions)
· Host locality 5% M & T- $47,160 (Pulaski County)
· Virginia's First 1% M & T- $9,432
· Per share yield - $5.cfl!
· Per share debt - $;>.75
· Per share payback- $3.:~6
*based on Pulaski County rate
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
October 7, 1999
File #60-183
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
· Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34499-100499 amending and reordaining certain
sections of the 1999-2000 Capital Projects Fund Appropriations, providing for transfer of
$477,911.00, in connection with environmental studies, legal services, consultant and
expert fees, and related expenses at the Public Works Service Center. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, October 4, 1999.
Sincerely,
Mary ~
F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
James D. Ritchie, Sr., Acting City Manager
Robert K. Bengtson, Acting Director, Public Works
Kit B. Kiser, Director, Utilities and Operations
C:XMyFile~Xoct4.wpd. 1
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of October, 1999.
No. 34499-100499.
AN ORDINANCE to emend and reordain certain sections of the 1999-2000
Capital Projects Fund Appropriations, and providing for an emergency.
VVHEREAS, 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 1999-2000 Capital Projects Fund Appropriations, be, and the same
are hereby, emended and reordained to read as follow~, in part:
Appropriations.
Ganeml Government
Environmental Issues (1)
l) Appropriatecl
General Revenue
(008-052-9670-9003) $ 477,911
$ 22,819,726
1,293,111
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
· . City Clerk.
RECEIVED
CITY CLERKS OFFICE
'9~ ~P 29 A10:34
October 4, 1999
Council Report No. 99-166
Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
SUBJECT: Environmental Issues
Public Works Service Center
I. Background:
Ao
The Virginia Department of Environmental Quality (DEQ) notified the City
of Roanoke in late July 1997 of a report of possible unauthorized disposal
of waste materials at the City's Public Works Service Center property on
Courtland Road, N. E.
Bo
Subsequent investigations determined the presence of some buried
drums of paint-like and tar-like products and solvents, and also quantities
of inorganic material (broken pipe, guardrails, crushed empty barrels,
etc.).
II. Current Situation:
Ao
Excavated materials have been removed from the site and sent to proper
disposal locations.
The City continues to work with DEQ and the federal Environmental
Protection Agency (EPA) to complete investigations and develop a
mutually acceptable plan for addressing all issues which have arisen
during the course of this matter. It is expected to be at least a number of
months until this matter is brought to a close.
Environmental studies, legal services, disposal fees, consultant and
expert fees, and related expenses paid through August 1999 amount to
approximately $810.000. Approximately $475,000 in additional funding is
needed to pay for services already rendered and/or currently anticipated
for the remainder of this fiscal year. $477,911 has been included in
General Fund Transfer to Capital in the recently adopted budget to pay
the costs estimated to be incurred during this fiscal year.
Page 2
II1.
IV.
Issues:
A. Environmental Compliance
B. Funding
C. Legal Compliance
Alternatives:
City Council approve the transfer of $477,911 from General Fund
Account No. 001-004-9310-9508 to Capital Projects Fund Account
No. 008-052-9670-9003 Environmental Issues - Public Works Service
Center for environmental studies, legal services, consultant and expert
fees, and related expenses.
Environmental Compliance will be ensured as the City continues to
make changes and improvements in operational procedures and
physical features related to state and federal regulations.
Funding is available in FY 1999-2000 General Fund - Transfer to Capital
Fund.
Legal issues as to compliance with environmental regulations and
any required remediation will be resolved with EPA and DEQ as
soon as possible.
City Council not approve the transfer of $477,911 from General Fund
Account No. 001-004-9310-9508 to Capital Projects Fund Account
No. 008-052-9670-9003 Environmental Issues - Public Works Service
Center for environmental studies, legal services, consultant and expert
fees, and related expenses.
Environmental Compliance will be more difficult as the City
continues to make changes and improvements in operational
procedures and physical features related to state and federal
regulations. Eventually, appropriations will be necessary as
existing operating accounts will not have sufficient funds to pay
anticipated expenditures.
Funding will remain available in FY 1999-2000 General Fund -
Transfer to Capital Fund.
Page
3. Legal issues will not be resolved without the benefit of experts.
V. Recommendation:
City Council approve the transfer of $477,911 from General Fund Account
No. 001-004-9310-9508 to Capital Projects Fund Account No. 008-052-9670-9003
Environmental Issues - Public Works Service Center for environmental studies,
legal services, consultant and expert fees, and related expenses.
Respectfully submitted,
Ja~D. ~R itc'~:~:~h ie~----z~-~
Acting City Manager
JDR:RKB:pr
CC;
William M. Hackworth, City Attorney
James D. Grisso, Director of Finance
Robert K. Bengtson, Acting Director of Public Works
Kit B. Kiser, Director of Utilities & Operations
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
October 7, 1999
File #27-60-405
Sandra H. Eakin
Deputy City Clerk
James D. Ritchie, Sr.
Acting City Manager
Roanoke, Virginia
Dear Mr. Ritchie:
I am attaching copy of Ordinance No. 34501-100499 accepting the proposal of R. W. Beck,
Inc., in the amount of $80,740.00 to perform a Comprehensive Solid Waste Management
Study; authorizing the proper City officials to execute the requisite contract for such
services; and rejecting all other proposals 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, October 4, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
James D. Grisso, Director of Finance
Sherman M. Stovall, Acting Budget Administrator, Office of Management and
Budget
Robert K. Bengtson, Acting Director, Public Works
James A. McClung, Manager, Solid Waste Management
Charles M. Huffine, City Engineer
C:'dVly Fil~s~ct4.Wl~ I .sepd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of October, 1999.
No. 34501-100499.
AN ORDINANCE accepting the proposal of R. W. Beck, Inc., to perform a
Comprehensive Solid Waste Management-Study, awarding a contract therefor and
authorizing the proper City officials to execute the requisite contract for such services;
rejecting all other proposals made to the City; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The proposal of R. W. Beck, Inc., to perform a Comprehensive Solid Waste
Management Study, in the total amount of $80,740.00, as more particularly set forth in the
City Manager's report dated October 4, 1999, to this Council, such proposal being in full
compliance with the City's plans and specifications made therefor, which proposal is on'file
in the Office of Supply Management, is hereby ACCEPTED.
2. The Acting City Manager or the Acting Assistant City Manager and the City
Clerk are hereby authorized on behalf of the City to execute and attest, respectively,, the
requisite contract with the R. W. Beck, Inc., based on its proposal made therefor and the
City's specifications made therefor, said contract to be in form as approved by the City
Attorney, and the cost of said services to be paid for out of funds heretofore or
simultaneously appropriated by Council.
3. Any and all other pwposals made to the City for the aforesaid services are hereby
REJECTED, and the City Clerk is directedto notify each such proposer and to express to each the
City's appreciation for such proposal.
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.
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
October 7, 1999
File #27-60-405
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34500-100499 amending and reordaining certain
sections of the 1999-2000 Management Services Fund Appropriations, providing for
appropriation of $80,740.00, in connection with acceptance of the proposal submitted by
R. W. Beck, Inc., to perform a Comprehensive Solid Waste Management Study. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, October 4, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
James D. Ritchie, Sr., Acting City Manager
Robert K. Bengtson, Acting Director, Public Works
Charles M. Huffine, City Engineer
Sherman M. Stovall, Acting Budget Administrator, Office of Management and
Budget
James A. McClung, Manager, Solid Waste Management
C:~yFil~'~ct4.wlx:L 1. wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day
of October, 1999.
No. 34500-100499.
ORDINANCE to amend and reordain certain sections of the 1999-00
Management Services Fund Appropriations, and providing for an emer~ancy.
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 1999-00 Management Sewices Fund Appropriations, be, and the same are
hereby, ~nended ~ reorclained to read as follows, in part:
ADoroDrlaflons
Management Services (1) ..................................... $189,697
Retained Eamincm
Retained Earnings (2) ........................................ $ 237,3~)
Revenues
Due from County of Roanoke (3) .... · ............................ $ 24,222
Due from Town of Vinton (4) ................................... 2,422
Due from Roanoke Valley Resource Authority (5) .................. 20,185
~) Appropriated horn
General Revenue (015-002-1617-2010)
2) Retained Earnings , (015-3336)
3) Due from County of Roanoke (015-1072)
4) Due from Town of Vinton (015-1074)
5) Due from Roanoke Valley
Resource Authority (01 5-1095)
$ 80,740
(33,911)
24,222
2,422
20,185
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be
in effect from its passage,
ATTEST:
City Clerk.
RECEIVED
CITY CLERKS OFFICe!
'g9 SEP 29 A10:34
October 4, 1999
Council Report No. 99-167
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
SUBJECT: Comprehensive Study of Solid Waste Management Services Agreement
I. Background:
In FY 95-96, joint work sessions involving Roanoke City and Roanoke
County staff targeted four key areas for possible regional provision of
services. Solid Waste Management was one of the four areas.
Bo
In March 1996, Roanoke City Council and Roanoke County Board of
Supervisors endorsed studying the concept of regional solid waste
collection service delivery.
Co
Discussions were tabled between the City of Roanoke and the County of
Roanoke regarding the issue of regional solid waste collection until the
City fully implemented an automated/semi-automated solid waste
collection system to be consistent with the County.
Do
City of Roanoke fully implemented automated/semi-automated residential
solid waste collection during FY 1998 and FY 1999. City staff continues
to refine the service delivery system, focusing on ways to minimize the
number of semi-automated customers.
In 1999, the City of Roanoke, the County of Roanoke, and the Town of
Vinton formed a task force to resume discussions on the issue of
regionalizing solid waste management. This task force consists of the
Vinton Town Manager, a County Assistant Administrator, and key
personnel from the Management & Budget Office and Solid Waste
Management Department from all three localities.
In an effort to expedite the work of the task force and maintain objectivity,
the localities jointly decided to issue a Request for Proposal (RFP) for the
following professional services:
Page 2
II.
Evaluate current solid waste collection practices to include
residential and commercial collection, recycling, bulk item and bulk
brush collection, homeowners' and freeloader program and season
programs, such as leaf collection and Christmas tree collection;
2. Develop a cost model for the existing service system;
Identify_ strategies to improve services without regional service
delivery; and
o
Identify strategies to improve current services with a regional
approach.
The City of Roanoke agreed to be the contracting entity, with
reimbursement of contract costs on a prorated basis by other participating
jurisdictions.
The RFP was advertised on July 18, 1999, in the Roanoke Times and was
mailed directly to nine consulting firms.
Proposals appropriately received were publicly opened at 2:00 p.m.,
Friday, August 13, 1999, in the Office of the Manager of Supply
Management, with only the name of the proposer announced.
The Proposals submitted by the private proposers were forwarded to the
original task force for review and identification of the best private proposal.
Current Situation:
A. Proposals were received from the following companies:
o
Draper Aden Associates & Gershman, Brickner & Bratton, Inc.
220 South Main Street
Blacksburg, Virginia 24060
R. W. Beck, Inc.
800 North Magnolia Avenue, Suite 300
Orlando, Florida 32803-3274
Roy F. Weston, Inc.
1000 Perimeter Park Drive, Suite E
Morrisville, North Carolina 27560
SCS Engineers
11260 Roger Bacon Drive
Reston, Virginia 20190-5282
Page 3
III.
IV.
Bo
The Evaluation Committee., consisting of all task force members,
interviewed all four (4) proposers on Thursday, August 26, 1999, and
Friday, August 27, 1999.
The Evaluation Committee ranked the companies based upon the
following criteria:
4.
5.
6.
Proposer Qualifications
Demonstrated Understanding of Scope of Services and Ability to
Perform
Interview Performance
Suggested Timetable to Complete Requirements
Responsiveness of Proposal Package to the Requirements of the RFP
Accessibility of the Proposer to the Project Team
R. W. Beck was identified by the Evaluation Committee as the proposer
ranked first.
A best and final price proposal of $80,740 was negotiated with
R. W. Beck.
Fo
The final recommendations of the consultant are in no way binding on any
of the participating localities.
Issues in order of importance are as follows:
A. Qualification to Perform Comprehensive Solid Waste Management Study
B. Cost
C. Funding
Alternatives in order of feasibility are:
Ao
Authorize the City Manager to enter into a contract with R. W. Beck to
perform a comprehensive solid waste management study:
Qualifications to Perform Comprehensive Solid Waste
Management Study - the award of the contract to R. W. Beck would
allow for the best and most qualified provision of the following
services:
a. Evaluation of current collection practices;
Page 4
b. Development of cost model for existing service system;
Identification of strategies to improve services without
regional service delivery; and
Identification of strategies to improve current services with a
regional approach.
Cost of the Comprehensive Study of Solid Waste Management will
be $80,740. Funding will be provided jointly by the study
participants as follows:
Roanoke Valley Resource Authority (RVRA)*
City of Roanoke*
County of Roanoke*
Town of Vinton*
$20,185
$33,911
$24,222
$ 2,422
*The RVRA agreed to pay 25 percent of the project cost. Each
Iocality's share of the remaining project cost is based upon the
percentage of tons disposed of annually.
Funding for the City's share of the project cost is available in
Management Services Fund retained earnings. Other project
participants would reimburse the City $46,829 of the total project
cost, leaving the City's net cost at $33.911.
Do not authorize the City Manager to enter into a contract with R. W. Beck
to perform a comprehensive solid waste management study:
Qualifications to perform a Comprehensive Solid Waste
Management Study - the following services would not be
performed:
a. Evaluation of current collection practices;
b. Development of cost model for existing service system;
Co
Identification of strategies to improve services without
regional service delivery; and
Identification of strategies to improve current services with a
regional approach.
II.
CC:
Page 5
2. Cost would not be an issue.
3. Funding would not be an issue.
Recommendation:
Recommendation is that City Council concur in Alternative "A" and take the
following specific actions:
Authorize the City Manager to accept the proposal of R. W. Beck to
perform a comprehensive solid waste management study and award a
contract in a form approved by the City Attorney at a cost of $80,740.
Appropriate funding in the amount of $80,740 from the Management
Services Fund retained earnings to Management Services - Fees for
Professional Services (Account No. 015-002-1617-2010) and establish
account receivables in the total amount of $46,829 for payments to be
received from other project participants.
C. All other proposals received for these services are hereby rejected.
Respectfully submitted,
D. Ritchie
Acting City Manager
William M. Hackworth, City Attorney
James D. Grisso, Director of Finance
Sherman M. Stovall, Acting Budget Administrator
Robert K. Bengtson, P.E., Acting Director of Public Works
James A. McClung, Manager, Fleet & Solid Waste Management
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 I- 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
October 7, 1999
File #53-467
Melinda J. Payne, Chair
Roanoke City School Board
301 Rutherford Avenue, N. W.
Roanoke, Virginia 24016
Dear Ms. Payne:
I am enclosing copy of Resolution No. 34503-100499 authorizing the issUance of not to exceed
$1,250,000.00 General Obligation School Bonds of the City of Roanoke, Virginia, Series 1999-B,
to be sold to the Virginia Public School Authority and providing for the form and details thereof.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, October 4, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
pc:
James D. Ritchie, Sr., Acting City Manager
James D. Grisso, Director of Finance
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools
Richard L. Kelley, Assistant Superintendent' for Operations, Roenoke City Public Schools
Cindy H. Lee, Clerk, Roanoke City School Board
C:'xMy Fil ~s'ioct4.wpcl. 1 .will
Se 4th day of October, 1999.
Resolution No. 34503-100499.
A RESOLUTION AUTtlOIHZ~NG THE ISSUANCE OF NOT TO EXCEED
$1,2~0,000 GENERAL OBLIGATION SCIIOOL BONDS
OF THE CITY OF ROANOKE, VIRGINIA, SERIES 1999-B,
TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY
AND PROVIDING FOR THE FORM AND DETAILS TI~REOF.
WHKREAS, on February 25, 1999, the Commonwealth of Virsjnia Board of Education
(the "Board of Education") placed the application (the "Application") of the School Board of the
City of Roanoke, Virginia (the "School Board"), for a loan of $1,250,000 (the "Literary Fund
Loan") from the Literary Fund, a permanent trust fund established by the Constitution of Virsjnia
(the "Literary Fund"), for the construction, renovation and expansion of school buildings (the
"Project") in the City of Roanoke, Vir~inla (the "City"), on the First Priority Waiting List;
WI=IKREAS, the Board of Education was to have approved the release of Literary Fund '
· moneys to the School Board and make a commitment to loan such moneys to the School Board
(the "Commitment") within one (1) year of placement of the Application on the First Priority
Waiting List upon receipt of the Literary Fund of an unencumbered sum available at least equal to
the amount of the Application and the approval, by the Board of Education, of the Application as
having met all conditions for a loan from the Literary Fund;
WHEREAS, the Board of Education was thereafter to have given advances on the
amount of the Cow. mitment for the Literary Fund Loan to the School Board, as construction or
renovation of the Project progressed, in exchange for temporary notes from the School Board to
the Litera~ Fund (the'"Temporary Notes") for the amounts so advanced;
WHEREAS, after the completion of the Project and the advance of the total amount of
the Commitment, the Temporary Notes were to have been consolidated into a permanent loan
note of the School Board to the Literary Fund (.the "Literary Fund Obligation") which was to
evidence the obligation of the School Board to repay the Literary Fund Loan;
WHERKAS, the Literary Fund Obligation was to have borne interest at four percent
(4.0%) per annum and mature in annual installments for a period oftwenty (20) years;
wHEREAs, in connection with the 1999 Interest Rate Subsidy Program (the
"Program"), the Virginia Public School Authority (the "VPSA") has offered to purchase general
obligation school bonds of the City, and the Board of Education has offered to pay, to the City, a
lump sum cash payment (the "Lump Sum Cash Payment")'equal to the sum of (i) net prw. ent
value difference, determined on the date on which the VPSA sells its bonds, between the weighted
average interest rate that the general obligation school bonds of the City will bear upon sale to the
VPSA and the interest rate that the Literary Fund Obligation would have bome plus (ii) an
allowance for the costs of issuing such bonds of the City (the "Issuance Expense Allowance");
WHEREAS, the Council (the "Council") of the City of Roanoke, Vh'ginia (the "City"),
has determined that it is necessary and expedient to borrow not to exceed $1,250,000 and to issue
its general obligation school bonds for the purpose of financin$ certain capital projects for school
purposes; and
WHEREAS, the City held a public hearing, duly noticed, on September 20, 1999, on the
issuance of the Bonds (as defined below) in accordance with the requirements of Section 15.2-
2606, Code of Vh'ginia 1950, as amended (the "V'trginia Code"); and
WHEREAS, the School Board of the City has, by reSOlution, requested the Council to
authorize the issuance of the Bonds (as hereinaRer defmed) and consented to the issuance of the
Bonds;
NOW, THEREFORE, BE IT RESOLVED BY ~ COUNC1L OF THE CITY OF
ROANOKE, VIRGINIA:
1. Authorization of Bonds and Use of Pr~'____-~__-~ The Council hereby determines that it
is advisable to contract a debt and issue and sell its general obligation school bonds in an
aggregate principal amount not to exceed $I,250,000 (the "Bonds") for the purpose of financing
certain capital projects for school purposes. The Council hereby authorizes the issuance and sale
of the Bonds in the form and upon the terms established pursuant to this Resolution.
2. Sale of th~ Bgnd~. It is determined to be in the best interest of the City to accept the
offer of the Vh'ginia Public School Authority (the "VPSA") to purchase from the City, and to sell
to the VPSA, the Bonds at a price, determined by the VPSA to be falrand accepted by the
Mayor, that is not less than 98% of par and not more than 103% of par upon the terms established
pursuant to this Resolution. The Mayor is hereby authorized and directed to accept the purchase
price of the Bonds determined by VPSA to be fair, provided such purchase price is not less than
98% of par and not more than 103% of par. The execution and delivery of the Bonds as
described in Section 8 hereof shall conclusively evidence such purchase price establi~ed by
VPSA as havin~ been so accepted as authorized by this Resolution. The Mayor, City Manager
and such officer or officers of the City as either the City may designate are hereby authorized and
directed to enter into a Bond Sale A~reement dated as of October 12, 1999, with the VPSA
providing for the sale of the Bonds to the VPSA in substantially the form submitted to the Council
at this meeting, which form is hereby approved (the "Bond Sale A~reem~").
3. Details of the Bonds, The Bonda shall be !ssuable in fully registered form; shall be
dated the date of issuance and delivery of the Bonds; shah be designated "General Obli~fion
School Bonds, Series 1999-B"; shall bear interest from the date of delivery thereof payable
R~ 0~0~411.WlsO
c,~ o~.~.~ 2
semi-annually on each Sanuary 15 and Suly 15 beg~ming July 15, 2000 (each an "Interest Payment
Date"), at the rates established in accordance with Section 4 of this Resolution; and shall mature
on July 15 in the years (each a "Principal Payment Date") and in the amounts set forth on
Schedule I attached to Exhibit A hereto (the "Principal Installments"), subject to the provisions of
Section 4 of this Resolution.
4. Interest Rates and l)Finciosi lnsLMlmenl~, Tha Ci~ Manager is hereby authorized
ahd directed to accept the interest rates on the Bonds established by the VPSA, provided that
each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be
paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the
VPSA (the "VPSA Bonds"), a portion of the proceeds of which will be used to purchase the
Bonds, and provided further, that the true interest cost of the Bonds does not exceed eight
percent (8%) per annum. The Interest Payment Dates and the Principal Installments are subject to
change at the request of the VPSA. The City Manager is hereby authorized and directed to
accept changes in the Interest Payment Dates and the Principal Installments at the request of the
VPSA, provided that the aggregate principal amount of the Bonds shall not exceed the amount
authorized by this Resolution. The execution and delivery of the Bonds as described in Section 8
hereof shah conclusively evidence such interest rates established by the VPSA and Interest
Payment Dates and the Principal Installments requested by the VPSA as having been so accepted-
as authorized by this Resolution.
5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary
typewritten bond substantially in the form attached hereto as Exhibit A.
6. Pavment~ Pavin_~ A_nent and Bond ~. The following provisions shall apply
to the Bonds:
(a) For as IonS as the VPSA is the registered owner of the Bonds, aH paymems of
principal, premium, if any, and interest on the Bonds shall be made in immediately available funds
to the VPSA at, or before I l:00 a.m. on the applicable Interest Payment Date or Principal
Payment Date, or if such date is not a business day for Virginia banks or for the Commonwealth
of V'trglnia, then at or before I l:00 &m. on the business day next preceding such Interest Payment
Date or Principal Payment Date..
(b) Ali overdue payments of principal and, to the extent permitted by law, interest shall
bear interest at the applicable interest rate or rates on the Bonds.
(c) Crestar Bank, Riebmo~ V'~ is de~i__smted as Bond Registrar and Payin~ A~ent for the
Bond~
7. No Redem0tignor _Prema~_ ent The PrinCipal InstaHmems ofthe Bonds shaH not be subject
to redemption or prepnyme~. Furthermor~ the Council covenants, on behalf of the City, not to refund
or refinance the Bonds without first obtainit~ the written consent of the VPSA or the ~ owne~
RKEII 0~411 .W~O
c~ oTT82e~m~ 3
of the Bonds.
8. Execution 9f the Bond~. The Mayor or Vice Mayor and the Clerk or any Deputy Clerk of
the City are authored and directed to exeCUte and deliver'the Bonds and to at~ the seal of the City
thereto.
9. Hedge of Full F~ith and Cre~.~ For the prompt payment of the principal of and premium,
.if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the City are
hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be
levied and collected in accordance with law an annual sd valorem tax upon all taxable property in the City
subject to local taxation sufficient in amount to provide for the payment ofthe prindpal of and premium,
if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due,
which tax shall be without limitation as to rate or amount and in addition to ail other taxes authorized to
be levied in the City to the extent other funds of the City are not lawfully available and appropriated for
such purpose.
10. UseofProcee~Certific~te~d_Certifir~_~_emtoArbitr~_~. TheMayor, the City ManaS~
and such officer or offices of tho City as either may cle~i~ am hereby authorizzd and directed to
execute a ~cato as to Arbim~ and a Use ofProceech Certifzcate each ~ forth the expected use
to show compliance with the provisiom of the Internal Revenue Code of 1986, asamended (tho "Code"),
and applicable regulafiom relating to the exclusion from 8ross income of interest on the Bonds and on the
VPSA Bonds except as provided below. The Council covenants on behalfofthe City that (i) the proceeds
to Arbitrage and such Use of Proceeds Certiticate and that the City shall comply with the other covenants
and representations contained therein, and Cd) the City shall comply with the'provisions of the Code so that
interest on the Bonds and on the VPSA Bonds will remain exeAutable from gross income for Federal
11. SLqteNon=Arbi~_ ~m-- Proa~ed___ .~~t TheCoungilherebydetetmines~uit
it is in the best interests ofthe City to authorize ~ ~ ~ C~ T~ to participate in the State
Non-Arbitrage Program in connection with the Bond~ The Mayor, the City Manager and such off. er or
officers of the City as either may de~sr~ -- are hereby authoriz~ and directed to execute and deliver a
Proceeds ~ with respect to the deposit and investment of proceeds of the Bonds by and amon~
the City, the other participaniz in the sale ofthe VPSA Bonds, the VPSA, the investment nmmger and the
approved.
12. Continuln_~ Disdosnre Anreem~nt The Mayor, City Manas and tach officer or
officers of the City ns either may designate are hereby authorized and directed to execute a Continui~8
Disclosure Agreeme~ as set forth in Appendix F to the Bond Sale Asreeme~ settin~ forth the reports
and notices to be filed by the City and cotminil~ such covenants as may be necessary in order to show
compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12 and directed
cae orm:,e.c~as.m 4
to make all fdin~s required by Section 3 ofthe Bond Sale Agreement should the City be determined by the
VPSA to be a MOP (as defined in the Continuing Disclosure Agreement).
13. Filin_~ of Re~ufio~. The appropriate ottice~ or agents of the City are hereby authorized
and directed to cause a certitied copy of this Resolution to be filed with the Circuit Court of the City.
14. Further Actions. The members of the Council and all officers, employees and agents of the
City are hereby authorized to take such action as they or any one of them may consider necessary or
desirable in connection with the issuance and sale of the Bonds and any such action previously taken is
15. Effective Date. This Resolution shall take effect ~ely.
The undersized Clerk of tho City of Roanoke, Virginia, hereby ceflitie~ that the foregoin8
constitu~ a tree and correct exm~t from the minut~ ofa meeling of the City Council heht on October
4, 1999, andofthewhole~so fara~applicabletothematte~~m~~ Ihereby
of the fore~o~ resolution, a quorum was present, and (b) that the aUemiaa~ of the members and votin~
on the fore~oin8 resolution was as foilow~
Present Absent Ay~ Nay. Abstain
David A. Bowers, Mayor
C. Nelson Harri~ Vice
Mayor
w. AMn r.
Carroll E. Swnin
Sames O. Trout
William Whito, Sr.
Cynda F. Wyatt
[SEAL]
E3g-lmlT A
(FORM OF TEM~RARY BOND)
NO. TR-I
UNlTED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
Series 1999-B
The crrv OF ~OA~O~.~ VU~6~ (th~ "City'), for va~ ~ ~ acka~ec~s
itseffindebted and promises to pay to the VIRGINIA PUBLIC SCHOOL ALrrHORITY the princ~
arnount of DOI I.ARS ($ ), in amlual ~ in tho ammmts set forth
on Schedule I attached hereto psyable on ~dy 15, 2000 and ~r~,*~yonJuly 15 thereailer to and inc~din8
luly 15, 2019-(each it "Prind~ Payment Dat~"), together with interest a-om ~ a~te of thia Bond on the
unpaid installnmn~ payable semi-anmm~ on-January 1:5 and ~ 15 of each year, eotmnmch~ on July
15, 2000 (each an "lntet~ Paym~ Dat~"; t~with any Pfindpal Payment Date, a "Paymmt Dat~"),
hea'einafiet provided. Both ~ ofand inlm~ on thia Bond are payable in lawful money ofthe United
Statea of~
For as long as tho XCtvginia Public School Authority ks th~ r~i~tm~l owaer ofthia Bond, Crestar
Public School Authority, in immediately available funds at or before 11:00 a.m. on the applicable Payment
Date or date fixed for prepayment or redemptior~ If a Payment Date or date fixed for prepayment or
redemption is not a business day for banks in the Commonwealth.of V'n~inia or for the Commonwealth
of Virginia, then the payment of prindpai, premium, if any, or interest on this Bond shall be made in
immediate~ available funds at or before 11:00 a.m. on the business day next preceding the scheduled
Payment Date or date fixed for prepayment or redemptioo_ Upon receipt by the ~ own~ of this
Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt
thereof shall be ~ promptly to the Bond ~, and the City shall be fully discharged of'r,s oblivion
on this Bond to tho extent ofthe payment so made. Upon final payment, this Bond shall be smrendered
to the Bond Reg~ for cancellafio~
~ rbe fuU f~ ~ ~ oft~ C~y are ~-voc~ vled~ for~ paymm of~ ~ of~
the premium, if any, and interest on this Bond. The resolution adopted by the City Council authorizing the
issuance of the Bonds provides, and Section 15.2-2624, Code ofV'~inia 1950, as amended, requires, that
there shall be levied and collected an annual tax upon all taxable pwperty in the City subject to local
taxation sufficient to provide for the payment of the ~ premium, if any, and interest on this Bbnd
addition to all other taxe~ authorized to be levied in the City to the extent other funds of the City are not
lawfully available and appropriated for such purpo~
This Bond is duly amhodzed and hsued in compliance with and purmant to the Constitution and
law~ of the Commonwealth of V'~/a, including the Public Finance Act of 1991, ~ 26, T'~de 15.2,
Code of V'~ginia 19:50, as amended, and resolutions duly adopted by the City Council and the School
Board of the City to provide fimds for capital projects for school pmpos~
This Bond may be exchanged without cost, on twenty (20) day~ written notice ii'om the Vh'ginia
Public School AuthoriW, at the office of the Bond Registrar on one or mom occasiom for one or more
temporary bends or definitive bends in marketable form and, in any case, in l~lly registered form, in
denominations of $5,000 and whole multiples thereof; and having an equal agstegate principal amount,
having principal installments or maturiti~ and bearing interest at rates corresponding to the maturities of
and tbe interest rates on the installments ofpfincipal ofthis Bond then tmpsicL This Bond is registered in
tbe name of the Vhginia Public School Authority on tbe books of the City kept by tbe Bond Regi.mar, and
the transfer ofthis Bond may be effected by tbe registered owner of this Bond only upon due exectnion
of an assignment by such resisten~l owner. Upon receipt of such assisnma~ and the surrmder of this
definitive Bonds to be ~ on such ~on. book$ in the name oftbe assignee or assigne~ named
The principal installme~ of~ Bond are not subject to redemption or prepayme~ All acts,
conditions and thin~ required by the Constitution md laws oftbe Commonwealth of V'u~inla to happen,
exist or be performed precedent to and in the i,~uance of thi~ Bond have happened, exist and have linen
performed in du~ ~ form and mam~ a~ so required, and ~ Bond, tog~th~ with all other
indebtedne~ oftbe City, i~ within ev~n3~ debt md otlm' li~ prescn'bed by tbe Con~itufion and laws of the
Commonwealth of
IN wrrNEss wm~F, th~ Council of the City of Roanoke., V'aginia has caused ~ Bond
to be issued in the name of the City of Roanoke, Virginia, to be signed by its Mayor or Vice-Mayor, its
seal to be amxed hereto and attested by the signature of its Clerk or any of its Deputy Clerks, and this
Bond to be dated ,1999.
CITY OF ROANOKg, VIRGINIA
(SEAL)
ATTEST:
Clerk, City of Roanoke, V'u'~
Mayor, City of Roanoke., Vh'sinia
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and mmsfers unto
(PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF
AS SIG~Ni~)
P~.RASE INSERT SOCIAL SECURrrY OR OTHER
IDENTIFYING NUMBER OF ASSIGNEE:
attorney to exchange said Bond for
definitive bo~ in lieu ofwhich this Bond is issued and to register ti~ transfer ofsuah ~ bonds on
Dato.'
Registered Owner
Signature ~
(NOTICE: Signatures) mus~ b~.
h~io~' mee~ ~h~ requirema~
of ~ ~M ~ ~
r~~~M~~
~~n ~' $T~ or ~ ~ "i~
the Bond Registrar in addition to, or in substitution for,
STAMP, all in accordance with the Securities Exchan~'
Act o£ 1934, as amended.
Virginia Pd)itc School Authority
Series 1999 a - PreLiminary $lztng
Subsidized Lo~r~ - Roanoke Cl~y ~ Hurt Park #1&
Oebl~ Service ScheduLe
Date Principal Coupon Zntlreat PertoclTotlL FiaCl[ Total
7/15/ 0 51,745.00 5.100000 39,672.~8 91,41T.~8
1/15/ 1 28,811.50 28,811.50 120,a28.98
?/15/ 1 52,~65.00 5.100000 28,811.50 61,Z76.50
1/15/ Z 2T,473.64 27,473.64 108,750.14
7/15/ 2 52,672.00 S.20OO00 2T,473.6& 80,145.6~
1/15/ 3
7/15/ $
1/15/ 4
?/15/ 4
1/15/ S
26,104.17 26,104.17 106,249.81
52,917.00 5.200000 26,104.17 79,021.17
24,728.33 24,728.33 10~,749.50
53,176.00 5.200000 24,728.33 77,904.33
Z3,345.76 Z3,~S.76 101,250.09
7/13/'S 53,4~8.00 5.200000 23,3&5.76 76,793.76
1/15/ 6 21,956.11 21,956.11 93,749.M
7/15/ 6 53,735.00 5.200000 21,956.1! 75,691.11
1/15/ ? 20,559.00 20,559.00 96,250.10
?/15/ T S4,0]T. O0 5.200000 20,559.00 74,596.00
1/1S/ 8
?/157 8
1/1S/9
?/15/ 9
1/15/10
19,154.04 19,154.04 93,750.03
54,355.00 S.2OO000 19,154.04 75,509.04,
17,7~0.81 17,740.81. 91,249.M
34,~.00 5.350000 1T, T~.81 ~,4~.81
16,276.~ 16,276.~ ~,~O.SO
?/15/10
1/15/11
7/15/11
1/15/12
7/15/12
55,172.00 5.350000 16,276.70 71,~,8.70
14,800.8~ 14,800.85 86,249.54
55,665.00 5.450000 14,800.85 70,465.85
13,283.98 13,283.98 83,749.87.
56,228.00 S.SOOQOG ' 13,283.98 69,511.98
1/15/13
7/15/13
1/15/14
7/15/1&
1/15/15
56,867.00
5T,571
11,737.71 11,75T.71 81,249.68
5.600000- 11,737.71 :' 68,604.71
10,145.4~3 10,i45.43 78,750.14
5.600000 10,145.43 67,716.43
8,533.4& 8,533.44 T6,249.87
?/15~15
1/15/16
7/15/16
1/15/17
7/15/17
58,316.Q0 5.600000 8,533.~ 66,8~9./~
6,900.59 6,900.59 73,750.03
59,13&.00 5.700000 6,900.59 66,0~.59
1. 5,215.27 5,215.27 71,249.86
60,030.00 .5.700000 5,215.27 65,245.27
1/15/18 3,504.42 3,504.42. 68,749.69
7/15/18 60,979.00 S.70QOOO 3,504.42 64,483.42
1/15/19 1,766.52 1,766.52 66,249.93
7/13/19 61,983.00 3.700000 1,T66.5Z 63,749.52
1/15/20 63,749.52
Prepared byBB&T C~|tlL H&rketa
Virginia PubLic School Authority
Serie~ 1999! -
SuMjdJzed Lo~ - ~ke CJ~ -
OWt Se~Jce
Date Principal Coupon Interest Period Total Fiscal Total
1,115,228.00 643,748.91 1,758,9T6.91
ACCRU~
1,115,228.00 643,748.91 1,738,976.91
Dated 11/18/99 uith OeLJvery of 11/18/99
Bond Years 11,659.531
Average Coupon 5.52122S
Average Life
# t ¢ X 5.521225X using
100.0000000
~eightid 8end Yeare 11,659.531
UeightedAveregeLtfe 10.45~8&0
Ueightedm ! C X 5.521225 X Using 100.0000000
T ! C 2 S.&9T303 X FralOeLJveryOltl
ArbitrageYieLd 5.497303 X
.Prep~redbyBB&T Capital Harketl
Date: 09-Q8-1999 8 11:&S:OS Fl:chime: VPSA
Key: 99B-SUB-1&
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
October 7, 1999
File #53-467
Melinda J. Payne, Chair
Roanoke City School Board
301 Rutherford Avenue, N. W.
Roanoke, Virginia 24016
Dear Ms. Payne:
I am enclosing copy of Resolution No. 34504-100499 authorizing the issuance of not to exceed
$3,250,000.00 General Obligation School Bonds of the City of Roanoke, Virginia, Series 1999-A,
to be sold to the Virginia Public School Authority and providing for the form and details thereof.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, October 4, 1999.
Mary F. Parker, CMC/AAE
City Clerk
MFP:lo
Enclosure
pc:
James D. Ritchie, Sr., Acting City Manager
James D. GrisSo, Director of Finance "'
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools
Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public Schools
Cindy H. Lee, Clerk, Roanoke City School Board
C:RvlyFiles'oet4.wpd. I .wpd
[Governor's School]
The 4ch day of 0cCober, 1999.
ResolutionNo. 34504-100499.
A RESOLUTION AUTHOIHZING THE ISSUANCE OF NOT TO EXCEED
$3,2S0,000 GENERAL OBLIGATION SCHOOL BONDS
OF ~ CTrY OF ROANOKE, VIRGINIA, sEanc~s 1999-A,
TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY
AND PROVIDING FOR ~ FORM AND DETAILS TI:IF~REOF.
WHR~REAS, the City held a public heaiin& duly noticed, on Septemb~-20,1999, onthe issuance
of the Bonds (as defined below) in accordan~ with the r~ltdremen~ of Seciion 15.2-2606, Code of
v'~si~a 19f0, as amended (tho "xru~h~a Code"); and
WHF.~, the School Board ofthe City has, by resolution, requested the Council to authorize
the issuance ofthe Bonds (as hereimfter defined) end consented to the issuance ofthe Bonds;
NOW, T~E~REI~OR~, BE IT RESOLVED BY ~ COUNCIL OF THE CITY OF
ROANOKE, VIRGINI~
1. Aqlghgriz~tion of Bonds nd Use of Proceeds. The Cotmcil hcre~ determines that i't is
advisable to contr~ a debt and is,sue and sell its lp~ral obligation school bonds in an ~ pdmipal
amount not to exceed S3~li0,000 (the "Bonds") for the purpose of~mcin8 cemin capital projects for
school purpose~ The Council hereby ~dz~ the ~ and sale ofthe Bonds in the form and upon
the terms establisl~ pursuant to this Resolution.
2. Sal~oftheBondz It is deteflnin~ to be in the best interest ofthe City to accept the offer of
the Vh'~ Public School Authority (th~ "VPSA") to purchase from the City, andto sell to the VPSA,
the Bonds at a price, detmnined by the VPSA to be fair and accepted by the Mayor, that is not less than
98°/5 ofpar andnot morethan 103% ofpar upon the terms established pursuant totl~Resolutio~ The
Mayor is hereby authorized and directed to accept the purchase price of the Bonds determined by VPSA
to be fair, prOvided such purchase price is not less than 98% ofpar and not morethan 103%ofpar. The
execution and delivery of the Bonds as described in Secgon 8 hereof shall conchLsively evidence such
Mayor, the City Manas~, and such offices' or officers of the City as either may desi~mte are hereby
~ oeoe416.wl~
~ 077B26.¢XiC~3-01
authorized and directed to enter into a Bond Sale Agreement dated as of October 12, 1999, with the
VPSA providing for the sale of the Bonds to the VPSA in substantially the form submitted to the Council
at this meeting, which form is hereby approved (the "Bond Sale Alpeenm~").
3. Details ofthe Bonds. The Bonds shall be dated the date of issuance and delivery ofthe Bonds;
shah be designated "General Obligation School Bonds, Series 1999-A"; shall bear interest l~om the date
of delivery thereof payable semi-anmmlly on each Sar0,mry 15 and July 15 beginning July 15, 2000 (each
an "Interest Payment Date"), at the rates established in accordance with Section 4 ofthis Resolutio~ and
shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts set forth on
Schedule I attached to Exhibit A hereto (the '~Principal Installments"), subject to the provisions of Section
4 of this Resolution.
4. lntere~ Rates and Princio~i Installments. The City MatmSer is hereby authorized and
directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate
shall be ten one-lzmdredths of one percent (0.10%) over the interest rate to be paid bythe VPSA for the
corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a
'portion of the proceeds of which will be used to purchase tl~ Bonds, and provided ~ th~ the true
interest cost of the Bonds does not exceed six and one-half percent (6~A%) per anntmx The Interest
Payment Dates and the Prh~pal Instnilme~ are subject to change atthe request ofthe VPSA. The City
Principal Installments at the request of the VPSA, provided that the aSgeSm Principal amount of the
Bonds shall not exceed the amount attthoriz~ by this Resolution. The execution and delivery of the
Bonds as described in Section 8 hereof shall conclusivdy evidence such interest rates established by the
VPSA and Interest Payment Dates and the Principal Installments requested by the VPSA as having been
5. Form 0fth~ Bonds. The Bonds shall be initially in the fonn ofa sinsle, temporm~typewritten
bond substantially in the form attached hereto as Exhl~ A.
6. Pavm.~n_e_ Pavln? A_~at and Bond Relfistrsr. The following provisions shall apply to the
Bonds:
(a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal,
premium, if any, and intere~ on tl~ Bond~ shall be made in imme~_'~_~y available ftmds to the VPSA at,
or before 11:00 a.m. on th~ applicable ~ Payment Date, Principal Paynm~ Date or date fixed for
prepayment or redemption, or if such date is not a I~_,~-e~ day for Vuginia banks or for the
Commonwealth of V'~inia, then at or before 11:00 ~nt on the business day next preceding such Interest
Payment Date, ~. Payment. Date or date fixed for prepayment or redemption.
Co) All overdue payments of principal and,. ,to'the extent permitted by law, interest shall bear
interest at the applicable interest rate or rates on the Bonds.
~~..w~o 2
(c) Crestar Bank, Richmond, V'uginia, is designated as Bond Registrar and Paying Agent for the
Bonds.
7. Prepayment or Redemotion. The Principal ~ of the Bonds held by the VPSA
coming due on or before uly 15, 2010, and the definitive Bonds for which the Bonds held by the VPSA
may be exchanged that mature on or before July 15, 2010, are not subject to prepayment or redemption
prior to their stated maturities. The Principal Installments of the Bonds held by the VPSA coming due
.at~er July 15, 2010, and the definitive bonds for which the Bonds held by the VPSA may be exchanged that
mature aRer July 15, 2010, are subject to prepa~ or redemption s~ the option of the City prior to their
stated rnamritie~ in whole or in part, on any date on or af~ July 15, 2010, upon payment of the
prepayment or redemption prices (expressed as percentages ofPrincipal Installme~ to be prepaid orthe
principal amount of the Bonds to be redeemed) set forth below plu~ accrued interest to the date set for
prepayment or redemption~
Dates Prices
July 15, 2010 through Ju y 14, 2011
July 15, 2011 through July 14, 2012
July 15, 2012 and theresi~
102%
101
100
the Bonds. Notice of any such prepayment or redemption shall be given by the Bond ~ to the
registered owner by registered mail not more than ninety (90) and not less than sixty (~) days before the
date fixed for prepayment or redemption.
8. Ex~ution of the Bond~, The Mayor or Vice Mayor and the Clerk or any Deputy Clerk of
the City are authorized and directed to exeo_,to and deliver the Bonds and to at~ the seal of the City
subject to local taxation sut~e~ in amount to provide for the payment of the principal of and premium,
be levied in the City to the exten~ other funds of the City are not lawfully available and appropriated for
10. U~of~Certit~t~andCmif~t~aatoArbitra~ ThzMayor, tbe City Manager
and such officer or officers of the City as either may designate are hereby authorized and directed to
execute a ~~ as to Arblisage and a Use ofProceeds Certifica~ esch setting forth tbe expected use
and investment of the proceeds of the ~onds and containin~ such covenants as may be necessary in order
to show compliance with the provisions ofthe Internal Reveme Code of 1986, as amended (the "Code"),
and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the
VPSA Bonds. The Council covenants on behalfofthe City that (i) the proceeds from the issuance and sale
of the Bonds will be invested and expended as set forth in such Certificate as to ~ and such Use
of Proceeds Certificate and that the City shall comply with the other covenants and representations
contained therein, and (ii) the City shall comply with the provisions of the Code so that interest on the
Bonds and on the VPSA Bonds will remain excludable l~om gross income for Federal income tax
purposes..
11. $~t~ Non-Arbitra_ne ~: Proceeds A_nreement The City hereby determines that it
is in the best interests of the City to authorize and direct the City Treasurer to participate in the State
Non-Arbitrage Program in connection with the Bond~ The Mayor, the City Manager and such officer or
officers of the City as either may desisnate are hereby at~odzed and directed to execute and deliver a
Proceeds ~ with respect to the depos/t and investment of proceeds of the Bonds by and amon~
the City, the other partidpants in the sale oftbe VPSA Bonds, the VPSA, the ~ent ~ and the
depository, substantially in the form mbmitted to the Council at this meethg, which form is hereby
approved.
12. (~9ntinuimt Disclosure Anreement The Mayor, the City Manager and such officer or
officers of the City as either may desilpmte are hereby authorized and directed to execute a Continuin8
Disclosure At~reement, as set forth in Appendix F to the Bond Sale A/reement, setting for& the reports
and notices to be filed by the City and containing such covenants as may be necessary in order to show
compliance with the provisions of the Secudlies and Exclmnge Comn/s.~on Rule 15c2-12 and directed
to make all filings ~ by Section 3 of the Bond Sale Ageenm~ should the City be determined by the
VPSA to be a MOP (as defined in the Continuing Disclosure Agreement).
13. Filinf of Re~dution. The appropriate officers or nsents of the City are hereby authorized
and directed to cause a certi/ied copy of this Resolution to be filed with the Circuit Court of the Cit~.
14. ~ The mzn/0ers ofthe Council and all office~, engdoyees and agents ofthe
City are hereby authorized to take such action as they or any one of them may consider necessary or
desirnble in connection with the issuance and sale of the Bonds and any such action previously taken is
constitutes a tree and correct extract from the minutes of a meeting of the City Council held on October
~s~ Qeae4'm.wpo 4
4, 1998, and of the whole thereof so far as applicable to the matte~ refe~r~ to in such extract. I hereby
~,~her certify (a) that such meet~ was a regulady scheduled meeting and that, dar~ the co~deration
of the foregoing resolution, a quorum was present, and (b) that the ar, eatance of the members and voting
on the foregoing resolution was as follows:
Present Absent Ay~ ~ Abstain
David A. Bowers, Mayor
C. Nelson Harris, Vice
Mayor
W. Alvin Hudson, Jr.
Can'oH E. Swain
James O. Trout
w'~tm White, Sr.
Lynda F. Wyatt
[SEAL]
c~y clerk,
city ofgoanoke, V'~sim
RK~ OeO841e.WPD
~ O~
5
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
October 7, 1999
File #5-467
Sandra H. Eakin
Deputy City Clerk
James D. Ritchie, Sr.
Acting City Manager
Roanoke, Virginia
Dear Mr. Ritchie:
I am attaching copy of Resolution No. 34502-100499 authorizing a contract with the
International Association of Chiefs of Police to provide first line supervision training for
supervisors in the Roanoke City Police Department. The abovereferenced measure was
adopted by the Council of the City of Roanoke at a regular meeting which was held on
Monday, October 4, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
James D. Grisso, Director of Finance
George C. Snead, Jr., Director, Public Safety
^. L. Gaskins, Chief of Police
Glenn A. Asher, Risk Management Officer
C:XJvlyFilm~'t4.wlx[ 1
IN THE COUNCIL OF THE CITY OF ROANOKE, V]R~
The 4th day of October, 1999.
No. 34502-100499.
A RESOLUTION authorizing a contract with the International Association of Chiefs of Police to
provide first line supervision training for supervisors in the Roanoke City Police Department.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager or the A~istant City Manager and the City Clerk are hereby authorized,
'for and on behalf of the City, to execute and attest, respectively, a contract with the International Association
of Chiefs of Police to provide first line supervision training for supervisors in the Roanoke City Police
Depmiment. Such contrac-~ shall contain such terms and conditions negotiated by and between the City and.
the International Association of Chiefs of Police and deso'ibed generally in a report to Council dated
October 4, 1999.
2. Such contra~;t may include a provision in which, subjoct to certain terms and conditi°ns, the
City agrees to indemnify and hold harmless the International Association of Chiefs of Police for damage or
injury to person or property which may occur as a result of said training.
3. Such conira~t shall be approved as to form by the City Attorney.
ATTEST:
City Clerk
RECEIVED
CITY CLERKS OFFICE
SEP28 P5:02
The Honorable David A Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Roanoke, Virginia
October 4, 1999
99-420
Subject: First Line Supervision Training for Police Officers
I. Background:
mo
The City promotes police officers with exceptional skills in patrol techniques,
problem solving and community policing to the rank of sergeant. Recently
promoted sergeants can benefit from training in the area of police planning,
leadership, supervision and accountability.
The Office of National Police Accreditation recognizes the need for training in the
supervisory areas and mandates the training for all newly promoted officers.
Failure to properly train supervisors could result in lawsuits resulting from
damages caused by police/supervisory action or inaction.
Do
Supervisors are now required to exemplify_ the visions and values of an
organization and share those with both the community and subordinates.
The Ci _ty's Community Oriented Policing effort empowers officers to more
effectively manage community problems with collaborative strategies and this
requires specialized training.
II. Current Situation:
mo
The Commission on Accreditation for Law Enforcement Agencies (CALEA)
recently assessed the Roanoke Police Department and requests that the Roanoke
Police Department provide formal training for newly promoted personnel.
Bo
The Roanoke Police Department has implemented a policy requiring all newly
~romoted first line supervisors to complete supervisory training proximate to their
promotion. CALEA will monitor compliance.
Supervisory_ training is now needed for a number of recently promoted
personnel.
Do
First Line Supervision Training critically impacts not only the direction of the
organization and its personnel, but its ability to provide a competent level of
service to the community.
Roanoke Police Department has researched and assessed firms and associations
that provide "First Line Supervision" training. All state certified police training
academies utilize outside trainers and training programs.
Roanoke Police Department has determined that the Intemational Association of
Chiefs of Police (IACP) is the most applicable and reputable training resource.
IACP routinely contracts with twenty-six U.S. law enforcement agencies annually
to conduct police supervisory training --some of those agencies are E1 Paso, TX,
Daytona Beach, FL, Newark, NJ, Dalton, GA, VA Beach, VA, and all (80) U.S.
Customs ports.
Go
IACP has tentatively agreed to provide training for thirty_ Roanoke City Police
Department supervisors, for three days (twenty-four hours) for $7,810.00. IACP
would conduct the training at the Roanoke Police Academy facility.
Funds for this training are available in Police Training and Development account
number 001-050-3111-2044.
IACP requires that the City of Roanoke enter into a contract that contains a
provision which stipulates: "The agency [City of Roanoke] will indemnify and
hold harmless the Association [IACP] for any damage or injury to person or
property which may occur as a result of the performance of this
contract which is not caused by the wilful or neglectful conduct or omission by the
Association."
J. Ci_ty Council approval of this contract is required.
III. Issues:
A. Need
B. Compliance with CALEA standard regarding supervisory training
C. Funding
IV. Alternatives:
mo
Ci_ty Council authorize the City of Roanoke to contract with the International
Association of Chiefs of Police to provide First Line Supervision Training, which
can be optimally scheduled October 18-20, 1999.
Need exists to provide First Line Supervision training in order to ensure
supervisory performance which efficacy demands.
Compliance with CALEA standards requires the implementation of a First
Line Supervision training course.
Funding is available in account number 001-050-3111-2044, Police
Training and Development and will be utilized for this training.
City Council not authorize contracting with the International Association of
Chiefs of Police to provide First Line Supervision training.
Need to provide First Line Supervision Training consistent with
supervisory efficacy will not be met resulting in inadequate
service to citizens of Roanoke.
Compliance with CALEA standard will not be met without
implementation of a First Line Supervision Training course which will
result in the removal of the department's nationally accredited status.
o
Funding in account number 001-050-3111-2044, Police Training and
Development will not be utilized for this training.
Recommendation:
Ci_ty Council approve alternative "A" --to allow contracting with the International
Association of Chiefs of Police (IACP) to provide First Line Supervision
Training, and, to authorize the Acting City Manager to contract with the IACP to
provide First Line Supervision Training for twenty (20) of the most recently
promoted Roanoke Police Department first line supervisors, which includes a
provision whereby the City of Roanoke agrees to indemnify and hold harmless the
IACP, as requested.
Respectfully submitted,
J~~'-D2tchi~
Acting City Manager
CC'
City Attorney
D~rector of Finance
Risk Manager
Director of Public Safety
Chief of Police
RECEIVED
CITY CLERi<.S OFFICE
"99 SF..P 28 ,~8:54
October 4, 1999
Report No. 99-420
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Please reserve space on Council's agenda for a report pertaining to First Line
Supervision Training for Police Officers.
JDR:GCS:afm
CC:
Respectfully submitted,
es D. Ritchie
g City Manager
William M. Hackworth, City Attorney
James D. Grisso, Director of Finance
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC/AAE
City Clerk
October 7, 1999
Sandra H. Eakin
Deputy City Clerk
File #5-467
James D. Ritchie, Sr.
Acting City Manager
Roanoke, Virginia
Dear Mr. Ritchie:
Your report recommending authorization to contract with the International Association of
Chiefs of Police to provide first line supervision training for supervisors in the Roanoke City
Police Department, was before the Council of the City of Roanoke at a regular meeting
which was held on Monday, October 4, 1999.
Council authorized execution of the contract pursuant to Resolution No. 34502-100499
adopted on Monday, October 4, 1999.
You were requested to provide the following additional information:
(1)
The legality of an employment contract between the City of Roanoke and
certain local law enforcement personnel.
(2)
Concern was expressed with regard to the high turnover rate of positions
within the Police Department, especially senior officers.
(3)
An alleged shortage of school resource officers at William Fleming High
School.
(4)
Is a school resource officer assigned to the Noel C. Taylor Alternative
Learning Center?
(5)
The feasibility and cost of training law enforcement personnel through the
FBI training program.
In view of the number of questions/concems of Council Members, the Mayor suggested
that Council be provided with a briefing at a future Council meeting.
C:~l*yFiles~ct4.wpd. I.wpd
James D. Ritchie, Sr.
October 7, 1999
Page 2
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc:
George C. Snead, Jr., Director, Public Safety
A. L. Gaskins, Chief of Police
Department of Finance
City of Roanoke, Virginia
October 4, 1999
RECEIVED
CITY CLERKS
30 / 11:26
TO:
FROM:
SUBJECT:
Honorable Mayor and Members of City Council
James D. Grisso, Director of Finance
August Financial Report
This financial report covers the first two months of the 1999-00 fiscal year. The following narrative
discusses revenues and expenditures to date.
REVENUE
General Fund revenues reflect an increase of 1.86% or $186,000 compared to FY99. Variances in
specific categories of revenues are as follows:
General Property Taxes are up 50.35% or $487,000. Real estate tax collections increased due to an
earlier mailing of the October billing. A larger portion of taxes was received in August of FY00 than
in August of FY99. For the year, real estate tax revenues are projected to increase 3.8%. This increase
in real estate tax revenue is partially offset by a decline in delinquent personal property tax revenue.
Other Local Taxes dropped 7.54% or $387,000 due to a decrease in business and professional
occupational license tax caused by a timing difference. This decrease is partially offset by increases
in prepared food and beverage tax, sales tax and utility consumer taxes.
Permits, Fees and Licenses are down $12,000 or 8.97% due to declines in building inspection fees,
fire protection permits and street opening permits.
Fines and Forfeitures decreased $39,000 or 23.92% due a decline in parking ticket fines. General
district court fines also decreased. Due to vacancies in the Police department, fewer officers are
available to issue tickets and other fines.
Revenue from Use of Money and Property is up 83.35% or $108,000 due to increased rental income
from the Commonwealth Building. During FY99, the rent paid by the state for the Commonwealth
Building was based on projected operating and maintenance costs. In July of FY00, the state was billed
for the amount that actual expenditures exceeded projected expenditures for FY99. The increase in
rental income is partially offset by a decline in interest revenue resulting from lower average daily cash
balances in the General Fund.
Grants-in-Aid Commonwealth rose 3.05% or $86,000. Law enforcement funding through House Bill
599, which is received on a quarterly basis, increased due to a larger payment received in August of
FY00 than in August of FY99. As part of the 1999 Virginia General Assembly, the Commonwealth
agreed to adjust funding to localities to reflect the original provisions of the bill. This results in a
significant increase in 599 funding expected in FY00. The increase in 599 funding is partially offset
by a decrease in funding received under the Comprehensive Services Act due to a timing difference.
Grants-in-Aid Federal decreased $8,600 due to a timing difference in the receipt of quarterly FEMA
revenue.
Honorable Mayor and Members
Roanoke City Council
October 4, 1999
Page 2
Charges for Services decreased $54,500 or 11.48% due to a drop in weed cutting and demolition
charges.
Miscellaneous Revenue is up 61.72% or $4,900 due to the receipt of proceeds from the auction of
unclaimed property by the Police Department.
EXPENDITURES AND ENCUMBRANCES
Expenditures and encumbrances in the General Fund have decreased 1.06% or $365,500 since FY99.
Variances in individual expenditure categories are discussed as follows:
General Government expenditures increased 11.30% or $189,000. Expenditures of the Office of
Management and Budget rose due to increased fees for professional services. Expenditures of Supply
Management increased due to payment of the City's portion of fees for negotiation of the contract with
American Electric Power. Personal service costs, CIS charges and expendable equipment costs
increased in the Department of Finance.
Judicial Administration expenditures rose $59,000 or 7.96%. Sheriff's department expenditures are
up due to increased expendable equipment costs and risk management charges due to a timing
difference in the billing for insurance coverage. Residential/detention services of the juvenile and
domestic relations court have also increased.
Health and Welfare expenditures are up $206,000 or 6.85% due to across-the-board increases in Social
Services departments. Expenditures under the Comprehensive Services Act also rose. In October,
1998, Managed Health Services, Inc. was hired to provide utilization monitoring and management
services for the CSA program as mandated by the state. For the first few months of FY99, no payments
were made to Managed Health Services.
Community Development expenditures increased 47.01% or $209,000. Economic Development
expenditures increased due to fees paid for an economic impact study. Memberships and Affiliations
expenditures are also up. Contributions paid to Roanoke Valley Convention and Visitors Bureau,
Virginia Amateur Sports and Roanoke Valley History Museum increased from the prior year. A timing
difference in the quarterly payment to the Hotel Roanoke Conference Center Commission also
contributed to this increase. The payment was made during July of FY00 but was not paid until
September of FY99.
Transfer to Debt Service Fund decreased 13.31% or 1,064,000. Lower principal and interest
payments for the 1994 and 1997 bonds were made in August of FY00 than in August of FY99. A
timing difference in the transfer of funding for future debt payments also contributed to this decrease.
Nondepartmental expenditures declined 14.36% or $121,000. Transfers to Grant Fund are down due
to a timing difference and a decrease in the Virginia Juvenile Community Crime Control Act funding
designated for the grant fund programs. This decrease is partially offset by increased transfers to the
Fleet Management fund for the purchase of a motor grader.
I would be pleased to answer questions which City Council may have regarding the monthly financial
statements.
JDG/THT
Balance July 1, 1999
Ordinance
Number Date
CMT 251 07/02/99
34402 07/19/99
34446 08/16/99
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
CONTINGENCY BALANCE
AUGUST 31, 1999
De_oartment
Cultural Services Committee
Supply Management
Transfer to Grant Fund
Balance August 31, 1999
Purpose
Funding for Sister Cities Program
Fee Proration Governmental Electric
Rate Negotiations
Local Match for Office on Youth
$420,244
(2,500)
(33,675)
(6,293)
$377,776
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
STATEMENT OF REVENUE
Year to Date for the Period
July 1 - Aug 31 July 1 - Aug 31 Percentage
Revenue Source 1998-99 1999-00 of Change
General Property Taxes $967,565 $1,454,744 50.35 %
Other Local Taxes 5,131,329 4,744,188 (7.54) %
Permits, Fees and Licenses 137,346 125,028 (8.97) %
Fines and Forfeitures 161,658 122,994 (23.92) %
Revenue from Use of Money and Property 129,886 238,144 83.35 %
Grants-in-Aid Commonwealth 2,815,759 2,901,610 3.05 %
Grants-in-Aid Federal Government 8,565 (100.00) %
Charges for Services 474,887 420,391 (11.48) %
Miscellaneous Revenue 7,878 12,740 61.72 %
Internal Services 162,960 163,992 0.63 %
Total $9,997,833 $10,183,831 1.86 %
Current Fiscal Year
Percent of
Revised Revenue
Revenue Estimate
Estimates Received
$70,068,826 2.08%
53,562,405 8.86%
703,500 17.77%
947,500 12.98%
1,047,040 22.74%
44,297,193 6.55%
34,260
3,330,300 12.62%
267,500 4.76%
2,155,400 7.61%
$176,413,924 5.77%
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
Expenditures
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 - Aug 31 July 1 - Aug 31
1998-99 1999-00
$1,676,501 $1,865,897
737,577 796,311
6,612,514 6,573,123
5,430,600 5,436,903
3,007,448 3,213,546
Current Fiscal Year
Percent of
Percentage Unencumbered Revised Budget
of Change Balance Appropriations Obligated
11.30 % $9,565,969 $11,431,856 16.32%
7.96 % 3,790,251 4,586,562 17.36%
(0.60) % 37,956,933 44,530,056 14.76%
0.12 % 17,246,187 22,683,090 23.97%
6.85 % 22,431,138 25,644,684 12.53%
896,646 900,784
443,941 652,648
0.46 % 3,654,995 4,555,779 19.77%
47.01% 2,625,570 3,278,218 19.91%
7,987,926 6,924,352 (13.31)%
6,974,505 7,159,869 2.66 %
844,420 723,143 (14.36)%
_$34~6-12~0~8 __-$ .3~.~,_2~6,_576 (1.06) %
4,740,447 11,664,799 59.36%
35,799,345 42,959,214 16.67%
6,143,878 6,867,021 10.53%
_$_143_,9_54,713 $178,201,289 19.22%
CITY OF ROANOKE, VIRGINIA
SCHOOL FUND
STATEMENT OF REVENUE
Year to Date for the Period
July I - Aug 31 July I - Aug 31 Percentage
Revenue Source 1998-99 1999-00 of Change
State Sales Tax $714,358 $747,974 %
Grants-in-Aid Commonwealth 5,698,298 5,210,714 (8.56) %
Grants-in-Aid Federal Government 40,816 56,099 37.44 %
Charges for Services 149,682 191,971 28.25 %
Transfer from General Fund 6,974,505 7,159,869 2.66 %
Special Purpose Grants 1,748,931 2,238,692 28.00 %
Total $15,326,590 $15,605,319 1.82 %
Current Fiscal Year
Percent of
Revised Revenue
Revenue Estimate
Estimates Received
$8,638,640 8.66%
39,280,160 13.27%
2,915,599 1.92%
3,216,301 5.97%
42,959,214 16.67%
2,080,255 NA
$99,090,169 15.75%
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
Year to Date for the Period
Current Fiscal Year
July 1 - Aug 31 July I - Aug 31 Percentage Unencumbered Revised
Expenditures 1998-99 1999-00 of Change Balance Appropriations
Instruction $3,853,932 $4,835,956 25.48 % $66,459,536 $71,295,492
General Support 525,247 506,991 (3.48) % 3,115,245 3,622,236
Transportation 144,178 357,523 147.97 % 3,277,378 3,634,901
Operation and
Maintenance of Plant 1,596,357 1,915,137 19.97 % 8,010,274 9,925,411
Food Services 217,021 319,126 47.05 % 3,970,057 4,289,183
Facilities 729,785 938,028 28.53 % 594,157 1,532,185
Other Uses of Funds 3,531,142 4,034,507 14.26 % 709,514 4,744,021
Special Purpose Grants 3,299,394 2,080,255 (36.95) % 2,080,255
Total $13,897,056 $14,987,523 7.85 % $86,136,161 $101,123,684
Percent of
Budget
Obligated
6.78%
14.00%
9.84%
19.30%
7.44%
61.22%
85.04%
NA
14.82%
3
CITY OF ROANOKE, VIRGINIA
CAPITAL PROJECTS FUND
STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND
UNENCUMBERED APPROPRIATIONS SUMMARY AS OF AUGUST 31, 1999
General Government
Public Safety
Community Development
Recreation
Streets and Bridges
Sanitation Projects
Traffic Engineering
Other Infrastructure Projects
Capital Improvement Reserve
Total
Expenditures Unexpended Outstanding Unobligated
Budget To Date Balance Encumbrances Balance
$22,366,815 $17,870,242 $4,496,573 $390,159 $4,106,414
1,992,481 1,013,562 978,919 64,273 914,646
1,472,100 526,781 945,319 518,194 427,125
3,767,698 1,762,737 2,004,961 1,208,295 796,666
23,275,032 16,655,734 6,619,298 4,918,867 1,700,431
1,299,299 936,138 363,161 11,830 351,331
2,616,089 2,210,969 405,120 72,202 332,918
20,506,443 12,797,559 7,708,884 1,264,659 6,444,225
2,223,729 2,223,729 2,223,729
$79,519,686 $53,773,722 $25,745,964 $8,448,479
$17,297,485
CITY OF ROANOKE, VIRGINIA
SCHOOL CAPITAL PROJECTS FUND
STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND
UNENCUMBERED APPROPRIATIONS SUMMARY AS OF AUGUST 31, 1999
Education
Capital Improvement Reserve
Total
Budget
$32,908,170
(951,021)
$31,957,149
Expenditures Unexpended Outstanding Unobligated
To Date Balance Encumbrances Balance
$27,815,044 $5,093,126 $4,210,193
(951,021)
$27,815,044 $4,142,105 $4,210,193
$882,933
(951,021)
($68,o88)
4
CITY OF ROANOKE, VIRGINIA
CAPITAL PROJECTS FUND
COMPARATIVE STATEMENT OF REVENUES
FOR THE 2 MONTHS ENDING AUGUST 31, 1999
Interest Revenue:
Interest on Bond Proceeds
Interest on Idle Working Capital
Total Interest Revenue
Multi Year Revenues:
Intergovernmental Revenue:
Commonwealth:
Virginia Transportation Museum - ISTEA
Second Street Entrance - Coca Cola
Total Intergovernmental Revenue
Other Revenue:
Transfers from General Fund
Total Other Revenue
Total
FY 2000
$112,926
162,586
275,512
196,046
196,046
40,000
40,000
$511,558
FY 1999
$242,194
117,125
359,319
109,150
109,150
$468,469
5
CITY OF ROANOKE, VIRGINIA
WATER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 2 MONTHS ENDING AUGUST 31, 1999
Operating Revenues
Commercial Sales
Domestic Sales
Industrial Sales
Town of Vinton
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
Net Nonoperating Expenses
Net Income
FY 2000 FY 1999
$546,491 $542,762
505,599 496,283
40,607 40,690
4,097 3,789
134,003 321,378
36,624 -
2,432 -
104,408 75,346
466,265 456,999
1,840,526 1,937,247
625,711 586,565
551,610 503,930
284,871 261,986
1,462,192 1,352,481
378,334 584,766
65,205 70,650
14,599 5,204
453 5,366
(203,163) (221,754)
(122,906) (140,534)
$255,428 $444,232
Effective July 1, 1999, the Utility Line Services Fund was combined with the Water Fund.
Prior year balances have been restated to enhance comparability.
6
CITY OF ROANOKE, VIRGINIA
SEWAGE TREATMENT FUND
COMPARATIVE INCOME STATEMENT
FOR THE 2 MONTHS ENDING AUGUST 31, 1999
Operating Revenues
Sewage Charges - City
Sewage Charges - Roanoke County
Sewage Charges - Vinton
Sewage Charges - Salem
Sewage Charges - Botetourt County
Customer Services
Interfund Services
Total Operating Revenues
Operating Expenses
Personal Services
Operating Expenses
Depreciation
Total Operating Expenses
Operating Income
Nonoperating Revenues
Interest on Investments
Miscellaneous Revenue
Net Nonoperating Revenues
Net Income
FY 2000
$1,323,086
121,494
15,254
84,415
16,799
34,300
1,595,348
287,597
933,721
193,052
1,414,370
180,978
80,741
8,714
89,455
$27O,433
FY 1999
$1,213,720
126,574
14,013
96,280
16,281
29,212
28,617
1,524,697
264,223
780,960
165,228
1,210,411
314,286
129,310
248
129,558
$443,844
CITY OF ROANOKE, VIRGINIA
CiViC CENTER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 2 MONTHS ENDING AUGUST 31, 1999
Operating Revenues
Rentals
Event Expenses
Admissions Tax
Parking Fees
Commissions
Other
Total Operating Revenues
Operating Expenses
Personal Services
Operating Expenses
Depreciation
Total Operating Expenses
Operating Loss
Nonoperating Revenues
Interest on Investments
Miscellaneous
Net Nonoperating Revenues
Net Loss
FY 2000
$32,512
7,435
1,557
9,154
30,747
7,209
88,614
159,545
149,658
68,737
377,940
(289,326)
9,905
290
10,195
($279,1312
FY 1999
$59,387
13,399
2,056
2,932
11,159
1,887
90,820
150,224
146,895
67,528
364,647
(273,827)
12,384
999
13,383
($260,444)
8
CITY OF ROANOKE, VIRGINIA
TRANSPORTATION FUND
COMPARATIVE INCOME STATEMENT
FOR THE 2 MONTHS ENDING AUGUST 31, 1999
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)
Interest on Investments
Interest and Fiscal Charges
Operating Subsidy for GRTC
Miscellaneous
Net Nonoperating Expenses
Net Income (Loss)
FY 2000
$60,517
67,850
35,266
65,752
61,427
12,694
303,506
109,089
91,704
200,793
102,713
1,853
(90,492)
295
(88,344)
$14,369
FY 1999
$48,459
76,114
31,810
57,423
41,728
11,016
266,550
84,372
91,854
176,226
90,324
481
(94,610)
(257,065)
205
(350,989)
($260,665)
9
-%
CITY OF ROANOKE, VIRGINIA
HOTEL ROANOKE CONFERENCE CENTER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 2 MONTHS ENDING AUGUST 31, 1999
FY 2000
COMMISSION (1)
CONFERENCE
CENTER (2)
TOTAL
FY 1999
Operating Revenues
Conference Center
Total Operating Revenues
- $
439,208 $ 439,208 $ 367,376
439,208 439,208 367,376
Operating Expenses
Commission
Conference Center
Total Operating Expenses
73,567
73,567
(73,567)
73,567
397,448 397,448
397,448 471,015
41,760 (31,807)
39,434
381,982
421,416
(54,040)
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
43,750 - 43,750
8,306 - 8,306
(2,950) (2,950)
8,272
(3,335)
4,937
(49,103)
84,846
($133,949)
Net Nonoperating Revenues (Expenses)
95,806
(2,950) 92,856
38,810 61,049
21,961 103,985
$16,849 ($42,936)
Net Income (Loss) Before Depreciation
22,239
Depreciation Expense/Replacement Reserve
82,024
Net Income (Loss) ($59,785)
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 2 MONTHS ENDING AUGUST 31, 1999
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 From Other Funds
Net Nonoperating Revenues (Expenses)
Net Income (Loss)
TOTALS
City
Information Materials Management Fleet Risk
Systems Control Services Management Management FY 2000 FY 1999
$594,819 $28,494 $22,077 $358,460 $856,948 $1,860,798 $1,536,652
594,819 28,494 22,077 358,460 856,948 1,860,798 1,536,652
261,229 16,215 4,069 180,662 33,976 496,151 464,811
184,489 2,027 (3,548) 170,958 1,418,572 1,772,498 1,653,138
89,243 311 3,402 290,208 383,164 371,527
534,961 18,553 3,923 641,828 1,452,548 2,651,813 2,489,476
59,858 9,941 18,154 {283,368) (595,600) (791,015) (952,824)
38,525 (245) 1,793 13,684 88,427 142,184 126,237
125,900 125,900
38,525 (245) 1,793 139,584 88,427 268,084 126,237
$98,383 $9,696 $19,947 ($143,784) ($507,173) ($522,931) ($826,587}
Effective July 1,1999, Utility Line Services Fund was combined with the Water Fund. Prior year balances have been
restated to enhance comparability.
11
CITY OF ROANOKE, VIRGINIA
CITY TREASURER'S OFFICE
GENERAL STATEMENT OF ACCOUNTABILITY
FOR THE MONTH ENDED AUGUST 31, 1999
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 AUGUST 31, 1999.
....... ~ALANCEAT
FUND JUL 3t, 1999 RECEIPTS DISBURSEMENTS AUG 31, 1999
GENERAL $9,758,436.72 $9,717,661.53 $14,965,845.79 $4,510,252.46
, WATER 6,290,218.45 799,326.52 236,599.61 6,852,945.36
i SEWAGE 10,029,564.49 1,577,601.67 3,842,948.64 7,764,217.52
i CIVIC CENTER 1,164,656.31 33,794.76 136,091.22 1,062,359.85
~ TRANSPORTATION (87,203.13) 93,904.20 69,043.90 (62,342.83)
CAPITAL PROJECTS 30,911,950.19 1,961,494.51 577,647.43 32,295,797.27
CONFERENCE CENTER 970,851.39 44,593.84 7,252.85 1,008,192.38
JUVENILE DETENTION 2,699,046.38 6,423,981.00 349,281.38 8,773,746.00
DEBT SERVICE 1,618,795.63 2,733,049.81 0.00 4,35t,845.44
'CITY INFORMATION SYSTEMS 4,603,418.79 172,862.31 403,971.58 4,372,309.52
i MATERIALS CONTROL (16,408.45) 84,686.42 48,098.84 20,179.13
MANAGEMENT SERVICES 210,229.51 20,291.64 2,530.67 227,990.48
FLEET MANAGEMENT 1,727,264.20 20,490.17 224,063.59 1,523,690.78
PAYROLL (7,855,473.31) 9,133,710.18 8,950,215.61 (7,671,978.74)
RISK MANAGEMENT 10,343,707.21 839,122.66 472,461.27 10,710,368.60
HIGHER EDUCATION AUTH 4,490,411.43 3,636,518.74 1,030,226.34 7,096,703.83
PENSION 1,245,717.92 379,124.75 1,342,746.77 282,095.90
:SCHOOL FUND 10,042,481.60 4,100,339.32 3,280,121.27 10,862,699.65
SCHOOL CAPITAL PROJECTS (3,931,727.07) 0.00 2,399,421.67 {6,331,148.74)
i FDETC 47,162.41 181,662.43 203,909.82 24,915.02
GRANT 255,964.08 453,064.37 396,737.62 312,290.83
TOTAL
BALANCE AT BALANCE AT
AUG 31, 1998
$3,024,916.35
6,956,809.46
17,463,600.09
1,248,054.14
(388,821.22)1
37,678,257.63
883,488.08
0.00
3,268,650.42
3,672,310.82i
(7,061.72){
233,480.68!
542,908.97!
(8,009,200.00)1
10,160,123.061
62,297.98 '
452,486.18 i
11,053,494.95
(194,894.28){
127,132.011
_ 65~,885.89 ~
$84,519,064.75 $42,407,280.83 $38,939,215.87 $87,987_,129._7_!_ .$_88,98 !_~ 9_.49~
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 AUGUST 31, 1999.
THAT SAID FOREGOING:
CASH:
CASH IN HAND
CASH IN BANK
INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS:
OVERNIGHT INVESTMENT
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
$47,550.99
302,356.93
10,953,000.00
8,967,961.11
9,984,300.00
19,516,056.22
16,000,000.00
9,131,235.31
13,084,669.15
DATE: SEPTEMBER 14, 1999
DAVID C. ANDERSON, TREASURER
12
CITY OF ROANOKE PENSION PLAN
STATEMENT OF REVENUE AND EXPENSES
FOR THE 2 MONTHS ENDING AUGUST 31, 1999
Revenue
Contributions
Investment Income
Gain on Sale of Investments
Bond Discount Amortization
To~l Revenue
FY 2000
$555,544
26,039
13,527,666
6,262
$14,115,511
FY 1999
$642,423
334,570
343,317
4,999
$1,325,309
Pension Payments
Fees for Professional Services
Bond Premium Amortization
Administrative Expense
City Supplement to Age 65
To~lExpenses
Net Income (Loss)
$1,875,836
16,467
25,951
867
29,097
1,948,218
$12,167,293
$1,543,741
7,289
36,979
2,041
2,067
1,592,117
($266,808)
13
CITY OF ROANOKE PENSION PLAN
BALANCE SHEET
AUGUST 31, 1999
Assets
Cash
Investments:
(market value: FY 2000 $330,695,563
FY 1999 $278,330,948)
Due from Other Funds
Due from Other Governments
Other Assets
Total Assets
FY 2000
$281,096
253,418,951
14,758
(1,839)
18,000
$253t730,966
(1)
FY 1999
$443,170
226,945,633
3,526
18,000
$227,410,329_
Liabilities and Fund Balance
Liabilities:
Due to Other Funds
Accounts Payable
Total Liabilities
Fund Balance:
Fund Balance, July 1
Net Income (Loss) - Year to Date
Total Fund Balance
Total Liabilities and Fund Balance
$947,778
2,101
949,879
240,613,794
12,167,293
252,781,087
$253,730,966_
$775,135
84
775,219
226,901,918
(266,80S)
226,635,110
$227,410,329
(1) Reversal of accrual made at June 30, 1999.
14
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
October 7, 1999
File #192
Gary M. Gearheart, Sales Executive
Acken Signs, Inc.
· P .O. Box 1317
Bluefield, Virginia 24605
Dear Mr. Gearheart:
I am enclosing copy of Ordinance No. 34505-100499 accepting the bid of Acken Signs, Inc., in the
amount of $85,046.00, to refurbish the Roanoke Civic Center sign, upon certain terms and
conditions, and awarding a contract therefore; 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, October 4, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:lo
Enclosure
pc;
The Honorable Sherman A. Holland, Commissioner of the Revenue
James D. Ritchie, Sr., Acting City Manager
James D. Grisso, Director of Finance
Robert K. Bengtson, Director, Public Works
Kit B. Kiser, Director, Utilities and Operations
Dolores C. Daniels, Assistant to the City Manager for Community Relations
Charles M. Huffine, City Engineer
C:'~4y Film"~:t4.wpd. I .wpd
Gary M. Gearheart
October 7, 1999
Page 23
pc.'
Ellen S. Evans, Construction Cost Technician
Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget
D. Darwin Roupe, Manager, Supply Management
James M. Evans, Manager, Roanoke Civic Center
C: hMyFiles'~-'t4.wlxl. 1 .wpd
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 I- 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
October 11, 1999
File #192
Randall Z. Hodges, President
Hodges Sign Co., Inc.
P. O. Box 12414
Roanoke, Virginia 24025
Dear Ms. Weisbeck and Mr. Hodges:
Karen D. Weisbeck, Sales Support
Daktronics Inc.
P. O. Box 5128
Brookings, South Dakota 57006
I am enclosing copy of Ordinance No. 34505-100499 accepting the bid of Acken Signs, Inc., in the
amount of $85,046.00, to refurbish the Roanoke Civic Center sign, upon certain terms and
conditions, and awarding a contract therefore; 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, October 4, 1999.
On behalf of the City of Roanoke, I would like to express appreciation for submitting'your bid on
the abovedescribed project.
Mary F. Parker, CMC/AAE
City Clerk
MFP:lo
Enclosure
C:~MyFil~o~4.~q~d. 1 .wild
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of October, 1999.
No. 34505-100499.
AN ORDINANCE accepting the bid of Acken Signs, Inc., to refurbish the Civic Center sign,
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.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of Acken Signs, Inc., in the total amount of $85,046 to refurbish the Civic
Center sign, as is more particularly set forth in the City Manager's report dated October 4, i999,
to this Council, such bid being in full compliance with the City's plans and specifications made
therefor and as provided in the contract documents offered said bidder, which bid is on file in the
Office of Supply Management, be ao'd is hereby ACCEPTED.
2. The City Manager or the Assistant City Manager and the City Clerk are hereby
authorized on behalf of the City to execute and attest, respectively, the requisite conlxact with'the
successful bidder, based on its proposal made therefor and the City's specifications made therefor,
said contract to be in such form as is approved by the City Attorney, and the cost of said work to be
paid for out of funds heretofore or simultaneously appropriated by Council.
3. Any and all other bids made to the City for the aforesaid work are hereby
REJECTED, and the City Clerk is directed to no'they each such bidder and to express to each the
City's appreciation for such bid.
4. In order to provide for the usual daily operation of the municipal government, an
emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
RECEIVE0 October 4, 1999
CITY C[.ER~$ OFFICE Council Report No. 99-159
Honorable Mayor and Members of City Council
Roanoke, Virginia
SEP24 P4:4
Dear Mayor Bowers and Members of City Council:
Subject:
BID COMMITTEE REPORT
REFURBISHING EXISTING
CiViC CENTER SIGN
710 WILMAMSON ROAD
ROANOKE, VIRGINIA
BID NO. 99-6-70
We, the undersigned Bid Committee, hereby submit the attached report for your consideration.
Respectfully submitted,
W. Alvin Hudson
CES/LBC/fm
Attachment:
Bid Committee Report
Sign Sketch
C:
City Attorney
City Clerk
Director of Finance
Acting Director of Public Works
Director of Utilities and Operations
Assistant to the City Manager for Community Relations
City Engineer
Construction Cost Technician
Acting Budget Administrator
-,/Manager, Office of Supply Management
Commissioner of the Revenue
Civic Center Manager
October 4, 1999
Council Report No. 99-159
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject:
BID COMMITTEE REPORT
REFURBISHING EXISTING
CIVIC CENTER SIGN
710 WILLIAMSON ROAD
ROANOKE, VIRGINIA
BID NO. 99-6-70
I concur with the Bid Committee recommendation relative to the above project and recommend
it to you for appropriate action.
Sincerely,
Jal~e~ D. Ritchie
Act~'l~ City Manager
JDR/LBC/fm
Attachment: Bid Committee Report
C:
City Attorney
City Clerk
Director of Finance
Acting Director of Public Works
Director of Utilities and Operations
Assistant to City Manager for Community Relations
City Engineer
Construction Cost Technician
Acting Budget Administrator
Manager, Office of Supply Management
Commissioner of Revenue
October 4, 1999
Council Report No. 99-159
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject:
BID COMMITTEE REPORT
REFURBISHING EXISTING
CIVIC CENTER SIGN
710 WILLIAMSON ROAD
ROANOKE, VIRGINIA
BID NO. 99-6-70
Background on the subject in chronological order is as follows:
Bids, following proper advertisement, were publicly opened and read aloud by
D. Darwin Roupe, Manager, Supply Management, on August 5, 1999, at 2:00
p.m.
Three (3) bids were received with Acken Signs, Inc. of Bluefield, VA, submitting
the Iow bid in the amount of $85,046 and 100 consecutive calendar days.
C. Proiect consists of the following:
Removal of the top portion of the sign: Replacing the top of the sign
with a revised lighted portion and the new symbol used by the Civic
Center.
Removal of the interior lighting and all wiring and controls connected
with its operation: Providing and installing all new electronic lighting and
controls. The new sign will use 200 amperes of single phase power
instead of the present sign's 400 amperes of three phase power. The
new lighting system is also much more serviceable than the present
incandescent lamps.
The removal of the sponsors' names from the bottom of the sign and
replacing them with blank metal panels: New sponsors will be added
later.
4. Repaintin.q the refurbished sign.
II.
Current situation is as follows:
A. Bids have been received that are
authorized.
acceptable, and the work needs to be
Honorable Mayor and Members of City Council
BID COMMITTEE REPORT
REFURBISHING EXISTING
CIVIC CENTER SIGN
710 WlLLIAMSON ROAD
ROANOKE, VIRGINIA
BID NO. 99-6-70
October 4, 1999
Page 2
III.
Issues in order of importance are as follows:
Compliance of the bidders with the requirements of the contract documents for
bidding.
Amount of the Iow bid.
Funding of the project.
Time of completion.
IV.
Alternatives in order of feasibility are as follows:
Award a lump sum contract to Acken Signs, Inc. of Bluefield, VA, in the amount
of $85,046 and 100 consecutive calendar days to complete the refurbishing of
the Civic Center Sign in accordance with the contract documents of Bid No.
99-8-21.
Compliance of the bidders with the requirements of the contract
documents for bidding was met.
2. Amount of the Iow bid is acceptable.
Funding of the project is available in the Civic Center Project Account
No. 005-056-2108-9015 as follows:
Contract amount $85,046
Project contingency 6,954
Total $92,000
Time of completion is quoted as 100 consecutive calendar days which
is acceptable.
B. Reject all bids and do not award a contract at this time.
Honorable Mayor and Members of City Council
BID COMMITTEE REPORT
REFURBISHING EXISTING
CIVIC CENTER SIGN
710 WlLLIAMSON ROAD
ROANOKE, VIRGINIA
BID NO. 99-6-70
October 4, 1999
Page 3
1. Compliance of the bidders with the requirements of the contract
documents for biddinq would not be an issue.
Amount of the Iow bid would probably increase when rebid at a later
date.
Funding of the project would not be encumbered at this time.
Time of completion would be extended.
Mo
Recommendation is as follows:
City Council concur in Alternate "A" and take the following action:
Authorize the Acting City Manager to enter into a contractual agreement, in
form approved by the City Attorney, with Acken Signs, Inc. of Bluefield, VA, to
refurbish the Civic Center Sign in accordance with the contract documents as
prepared by the Office of the City Engineer in the amount of $85,046 and 100
consecutive calendar days construction time.
B. Reiect the other bids received.
CES/LBC/fm
Attachment: Bid Tabulation
City Attorney
City Clerk
Director of Finance
Acting Director of Public Works
Director of Utilities and Operations
Assistant to City Manager for Community Relations
City Engineer
Construction Cost Technician
Acting Budget Administrator
Manager, Office of Supply Management
Commissioner of Revenue
TABULATION OF BIDS
REFURBISHING EXISTING
CIVIC CENTER SIGN
710 WILLIAMSON ROAD
ROANOKE, VIRGINIA
BID NO. 99-6-70
Bids were opened by D. Darwin Roupe, Manager, Office of Supply Management,
on August 5, 1999, at 2:00 p.m.
CONTRACTOR BID I BID 2 BID 3 BOND TIME
Acken Signs, Inc.
Bluefield, VA ~2,109 t~82,937 $ 85,046 Yes 100
Hodges Sign
Company, Inc.
Roanoke, VA $ 92,508 * 180
Daktronics, Inc.
Brookings, SD $131,500 Yes 60
Bid Item 1:
Bid Item 2:
Bid Item 3:
* Bond required with bids of $100,000 or more.
Dismantle existing electronics portion of the sign and remove from the
existing structure and properly dispose of same.
Install new electronic display unit in existing sign structure. New
electronic display unit as specified in Section 10426 - SIGNS.
Total of Bid Items 1 and 2 and Addendum I.
Engineer's Estimated Cost: $95,000.
Office of the City Engineer
Roanoke, Virginia
October 4, 1999
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
October 8, 1999
File #20-60
Sandra H. Eakin
Deputy City Clerk
James D. Ritchie, Sr.
Acting City Manager
Roanoke, Virginia
Dear Mr. Ritchie:
I am attaching copy of Resolution No. 34508-100499 declaring the City's intent to
reimburse itself from the proceeds of its general obligation public improvement bonds
authorized to be issued pursuant to Ordinance No. 33497-072197, adopted July 21,1997,
for certain expenditures to be made for traffic signalization at Brambleton Avenue and
Overland Road, S. W., effective October 4, 1999. The abovereferenced measure was
adopted by the Council of the City of Roanoke at a regular meeting which was held on
Monday, October 4, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
The Honorable Sherman A. Holland, Commissioner of the Revenue
James D. Grisso, Director of Finance '
Robert K. Bengtson, Acting Director, Public Works
Kit B. Kiser, Director, Utilities and Operations
Dolores C. Daniels, Assistant to the City Manager for Community Relations
Chades M. Huffine, City Engineer
Ellen S. Evans, Construction Cost Technician
Sherman M. Stovall, Acting Budget Administrator, Office of Management and
Budget
D. Darwin Roupe, Manager, Supply Management
C:'~.lyFileg~:t4.wpd. 1 ,wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of October, 1999.
No. 34508-100499.
A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its
general obligation public improvement bonds authorized to be issued pursuant to Ordinance No.
33497-072197, adopted July 21, 1997, for certain expenditures to be made for tra~c signalization
at Brambleton Avenue, S.W. and Overland Road, S.W.; and providing for an effective date.
BE IT RESOLVED by the Council of the City of Roauoke as follows:
1. In accordance with U. S. Treasury Regulations, Section 1.150-2, the City hereby
declares that it reasonably expects and intends to reimburse $186,928 appropriated by an ordinance
simultaneously adopted by the City Council on October 4, 1999, for certain expenditures to be made
for construction oftra~c signalization improvements from proceeds of its general obligation public
improvement bonds authorized to be issued pursuant to Ordinance No. 33497-072197, adopted by
the City Council on July 21, 1997, in the principal amount of $39,030,000 for the purpose of
providing funds to defray the cost of needed permanent public improvements of and to public bridges,
public buildings, economic development, parks, public schools, storm drains, streets and sidewalks,
and acquisition of real property for the foregoing. Ordinance No. 33498-072197, also adopted by
City Council on July 21, 1997, provided for the holding of an election to determine whether the
qualified voters of the City of Roanoke would approve Ordinance No. 33497-072197, and, at an
election held on November 4, 1997, the qualified voters of the City approved Ordinance No. 33497-
072197. The maximum principal amount of debt ~ed to be issued for the Brambleton Avenue,
H:/measu~R-~. 16
S.W. and Overland Road, S.W. signalization Project, is $186,928, all as more fully set forth in the
October 4, 1999, report to this Council.
2. This is a declaration of official intent adopted pursuant to U. S. Treasury Regulations,
Section 1.150-2. This official intent is being declared not later than sixty days after the payment of
'the expenditures authorized by Paragraph I of this Resolution.
3. The City Clerk is directed to file this Resolution among the permanent papers of the
City and hold it available for public inspection pursuant to the V'trginia Freedom of Information Act,
§2.1-340 et seq., Code of Vh'ginia (1950), as amended.
4. This Resolution shall be effective on and after the date of its adoption.
ATTEST:
City Clerk.
H:/memurm~R-i~t~. 16
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 I- 1536
Telephone: (540) 853-.2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
October 8, 1999
File #20-60
M. Wayne Hylton, Jr., Vice-President
S. R. Draper Paving Co.
4742 Old Rocky Mount Road
Roanoke, Virginia 24014
Stanley H. Puckett, President
L. H. Sawyer Paving Co., Inc.
496 Glenmore Drive
Salem, Virginia 24153
Richard H. Wilkins, President
Allied Construction Co., Inc.
P. O. Box 1166
Amherst, Virginia 24521
Gentlemen:
I am enclosing copy of Ordinance No.34507 -100499 accepting the bid of ri. & S. Construction Co.,
in the amount of $172,728.05, for traffic signalization at Brambleton Avenue and Overland Road,
S. W., upon certain terms and conditions; and rejecting all other bids made to the City for the w~rk.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, October 4, 1999.
On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on
the abovedescribed traffic signalization project.
~~ ~. ~~Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:io
Enclosure
C:hMyFil~'~c~4.wpd. I .wpd
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 I- 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
October 11, 1999
File #20-60
SANDRA H. EAKIN
Deputy City Clerk
William D. Gee, President
H. & S. Construction Co.
P. O. Box 6226
Roanoke, Virginia 24017
Dear Mr. Gee:
I am enclosing copy of Ordinance No. 34507-100499 accepting the bid of ri. & S. Construction Co.,
in the amount of $172,728.05, for traffic signalization at Brambleton AvenUe and Overland Road,
S. W., upon certain terms and conditions; 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, October 4, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:lo
Enclosure
pc:
The Honorable Sherman A. Holland, Commissioner of the Revenue
James D. Ritchie, Sr., Acting City Manager
James D. Grisso, Director of Finance
Robert K. Bengtson, Acting Director, Public Works
Kit B. Kiser, Director, Utilities and OperatiOns
Dolores C. Daniels, Assistant to the City Manager for Community Relations
Charles M. Huffine, City Engineer
Ellen S. Evans, Construction Cost Technician
Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget
D. Darwin Roupe, Manager, Supply Management
C:'~lyFilm'~o~4.Wl~ l.wlXt
IN THE COUNCIL OF THE CITY OF ROANOKE, VI~G~
The 4th day of October, 1999.
No. 34507-100499.
AN ORDINANCE accepting the bid of H.&S. Construction Company, for traffic signalization
at Brambleton Avenue, S.W. and Overland Road, S.W., 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.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of H.&S. Construction Company, in the total amount of $172,728.05 for
traffic signalization at Brambleton Avenue,, S.W. and Overland Road, S.W., as is more particularly
set forth in the report to this Council dated October 4, 1999, 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 Office of Supply Management, be and is hereby ACCEPTED.
2. The City Manager or the Assistant 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 conuact 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.
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.
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.
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
October 7, 1999
File #20-60
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34506-100499 amending and reordaining certain
sections of the 1999-2000 Capital Projects Funds Appropriations, providing for transfer of
$186,928.00, in connection with a contract with H. & S. Construction Company for traffic
signalization at Brambleton Avenue and Ovedand Road, S. W. The abovereferenced
measure was adopted by the Council of the City of Roanoke at a regular meeting which
was held on Monday, October 4, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
The Honorable Sherman A. Holland, Commissioner of the Revenue
James D. Ritchie, Sr., Acting City Manager
Robert K. Bengtson, Acting Director, Public Works
Kit B. Kiser, Director, Utilities and Operations
Dolores C. Daniels, Assistant to the City Manager for Community Relations
Chades M. Huffine, City Engineer
Ellen S. Evans, Construction Cost Technician
Sherman M. Stovall, Acting Budget Administrator, Office of Management and
Budget
D. Darwin Roupe, Manager, Supply Management
C:~yFiles~t4.Wl~ I .wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 4th day of October, 1999.
No. 34506-100499.
AN ORDINANCE to amend and reordain certain sections of the 1999-2000
Capital Projects Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Govemment 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 1999-2000 Capital Projects Fund Appropriations, be, and the samo
are hereby, amended ancl reordained to read as follows, in part:
ADDmDrlatiofle
Traffic Engineering $ 2,810,317
Seven New Traffic Signals (1-2) ............................... 388,778
Capital Improvement Reserv® $ 2,018,204
Public Improvement Bonda - Series. 1999 (3) .....................(2,111,216)
Revenues
Due from Bell Atlantic (4) .................................... $
7,300
1) Appropriated from
Bond Funds
2) Appropriated from
Third Pa.y
3) Streets and Sidewalks:
4) Accounts Receivable from
Bell Atlantic - Brambleton
Avenue Signal
(008-052-9570-9001)
(008-052-9570-9004)
(008-052-9709-9191 )
(oo8-1287) '
$ 186,928
7,300
(leS,928)
7,300
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATI'EST:
City Clerk.
October 4, 1999
Council Report No. 99-165
'99 SE?30 t 9: t3
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject:
BID COMMITTEE REPORT
TRAFFIC SIGNALIZATION
BRAMBLETON AVENUE, S.W. AND OVERLAND ROAD, S.W.
BID NO. 99-8-1
We, the undersigned Bid Committee, hereby submit the attached report for your consideration.
Respectfully submitted,
Carroll E. Swain, ~hairman
W. Alvin Hudson
Kit B. Kiser
Charles M. Huffine
CES/JGB/bs
Attachment: Bid Committee Report
C:
City Attorney
City Clerk
Director of Finance
Acting Director of Public Works
Director of Utilities and Operations
Assistant to the City Manager for Community Relations
City Engineer
Construction Cost Technician
Acting Budget Administrator
Manager, Office of Supply Management
Commissioner of the Revenue
October 4, 1999
Council Report No. 99-165
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject:
BID COMMITTEE REPORT
TRAFFIC SIGNALIZATION
BRAMBLETON AVENUE, S.W. AND OVERLAND ROAD, S.W.
BID NO. 99-8-1
I concur with the Bid Committee recommendation relative to the above project and recommend it
to you for appropriate action.
Sincerely,
J~:s D. Ritchie
Acting City Manager
JDR/JGB/bs
Attachment:
Bid Committee Report
C;
City Attorney
City Clerk
Director of Finance
Acting Director of Public Works
Director of Utilities and Operations
Assistant to City Manager for Community Relations
City Engineer
Construction Cost Technician
Acting Budget Administrator
Manager, Office of Supply Management
Commissioner of the Revenue
October 4, 1999
Council Report No. 99-165
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject:
BID COMMITTEE REPORT
TRAFFIC SIGNALIZATION
BRAMBLETON AVENUE, S.W. AND OVERLAND ROAD, S.W.
BID NO. 99-8-1
Background on the subject in chronological order is as follows:
Intersection of Brambleton Avenue, S.W. and Overland Road, S.W. was identified in the
latest bond referendum as a location for which traffic signalization would be implemented
with bond funds.
B. Traffic signal plans and specifications have been completed for this intersection.
II.
Current situation is as follows:
The project was advertised on Sunday, August 8, 1999, and bids were publicly opened and
read aloud by D. Darwin Roupe, Manager of Supply Management, on Tuesday, August 31,
1999.
Four (4) bids were received with H. & S. Construction Company, 2011 Salem Avenue,
S.W., Roanoke, Virginia 24016, submitting the low bid in the amount of $172,728.05.
III.
Issues in order of importance are as follows:
A. Cost
B. Funding
IV.
Alternatives in order of feasibility are as follows:
Authorize the Acting City Manager to execute a unit price contract, in a form approved by
the City Attorney, with H. & S. Construction Company, in the amount of$172,728.05, with
120 calendar days for completion, with a project contingency of $17,500.
Cost is 36% below the Engineer's estimate of $275,157. Traffic signal projects
typically average $100,000 per intersection. However, this intersection includes the
addition of turning lanes which results in a project cost greater than $100,000.
2. Funding is available through the 1997 Bond Referendum.
Honorable Mayor and Members of City Council
BID COMMITTEE REPORT
TRAFFIC SIGNALIZATION
BRAMBLETON AVENUE S.W. AND OVERLAND ROAD, S.W.
BID NO. 99-8-1
October 4, 1999
Page 2
Bo
Do not authorize the Acting City Manager to execute a contract with H. & S. Construction
Company.
1. Cost will be based on future bids.
2. Funding would not be required at this time.
V. Recommendation is as follows:
City Council concur in alternative "A" and take the following actions:
Authorize the Acting Ci_ty Manager to execute a unit price contract with H. & S.
Construction Company for the Brambleton Avenue, S.W. and Overland Road, S.W.
Signalization Project, in the amount of$172,728.05, with 120 calendar days for completion,
with a project contingency of $21,500 ($4,000 is for inspection and construction
administration).
Transfer $186,928 from the sale of the Series 2000 bond account 008-052-9709-9191 to
account 008-052-9570-9001, Seven New Traffic Signals.
Co
Appropriate $7,300 from Bell Atlantic, Inc. for utility adjustment. Establish a receivable
in the same amount.
Adopt a resolution declaring the City's intent to reimburse itself$186,928 from the proceeds
of the sale of Series 2000 general obligation bond. The maximum principal amount of debt
expected to be issued for the Brambleton Avenue, S.W. and Overland Road, S.W.
Signalization Project is $186,928.
E. Reject the other bids received.
JGB/bs
Attachment: Bid Tabulation
City Attorney
City Clerk
Director of Finance
Acting Director of Public Works
Director of Utilities and Operations
Assistant to City Manager for Community Relations
City Engineer
Construction Cost Technician
Acting Budget Administrator
Manager, Office of Supply Management
Commissioner of the Revenue
TABULATION OF BIDS
TRAFFIC SIGNALIZATION
BRAMBLETON AVENUE, S.W. AND OVERLAND ROAD, S.W.
BID NO. 99-8-1
Bids were opened by D. Darwin Roupe, Manager, Office of Supply Management, on Tuesday, August 31,
1999, at 2:00 p.m.
H. & S. Construction Company
S.R. Draper Paving Co., Inc.
$172,728.05
$193,242.05
L.H. Sawyer Paving Company $206,5 ! 7.70 *
Allied Construction Co., Inc. $284,860.85
* corrected
Estimated Cost: $275,157
Office of the City Engineer
Roanoke, Virginia
October 4, 1999
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office.of the City Clerk
October 8, 1999
File #27-28-468
Sandra H. Eakin
Deputy City Clerk
James D. Ritchie, Sr.
Acting City Manager
Roanoke, Virginia
Dear Mr. Ritchie:
I am attaching copy of Ordinance No. 34509-100499 providing for-the acquisition of a
variable width drainage easement across property identified as Official Tax No. 5210108,
authorizing the proper City officials to execute and attest any necessary documents for said
acquisition; 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, October 4, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
James D. Grisso, Director of Finance ..
Kit B. Kiser, Director, Utilities and operations
Robert K. Bengtson, Acting Director, Public Works
Dolores C. Daniels, Assistant to the City Manager for Community Relations
Charles M. HUffine, City Engineer
Sarah E. Fitton, Engineering Coordinator
Sherman M. Stovall, Acting Budget Administrator, Office of Management and
Budget
C:Xlviy Files'~4.wlxl. I .w~d
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of October, 1999.
No. 34509-100499.
AN ORDINANCE providing for the acquisition of a variable width drainage
easement across property identified as Tax No. 5210108, authorizing the proper City officials
to execute and attest any necessary documents for this acquisition; providing for the City's
acquisition of such property rights by condemnation, under certain circumstances;
authorizing the City to make motion for the award of a right of entry on any of the parcels
for the purpose of commencing the project; upon certain terms and conditions; and providing
for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. For certain storm drainage improvements in connection with the Capital
Improvement Progrmn, the City wants and needs temporary construction easements, licenses
and right-of-entry permits to property identified by Roanoke City Tax Map No. 5210108, as
more specifically set forth in the repor~ to this Council dated October 4~ 1999. The proper
City. officials are authorized to execute and attest the necessary documents, in form approved
by the City Attorney, to acquire for the City from the owner the necessary property rights for
this easement, for a consideration deemed appropriate by the City Manager.
2. Upon delivery to the City of a deed, approved as to form and execution by the
City Attorney, the Director of Finance. is directed to pay the consideration to the owner,
certified by the City Attorney to be entitled to the same,
.- 3. Should the City be unable to agree with the owner of the 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 fights.
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, etseq., 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 operati°n 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.
RECEIVED,..
CITY CLER!~$ OrF!CF~
'99 SEP 24 ,Rll :20
October 4, 1999
Report No. 99-368
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Property Rights Acquisition for Blue Ridge Park for Industry
Drainage Project, Tax Parcel 5210108, Owner - Trent
Plumbing & Heating, Inc.
The attached staff report was considered by the Water Resources Committee
at its regular meeting on September 20, 1999. The Committee recommends that
Council take the following actions in accordance with conditions stated in the
attached report:
Authorize the acquisition of property rights as shown on
Attachment "A", in a form acceptable to the City Attorney. Said
property rights may be acquired by negotiation or eminent
domain, and include permanent easements, temporary
construction easement, licenses or right-of-entry permits, etc.
Authorize the Acting City Mana,qer or the Acting Assistant City
Manager and the City Clerk to execute and attest, respectively,
the necessary documents, in a form approved by the City
Attorney, to acquire this easement.
Respectfully submitted,
Linda F Wyatt, Chairperson
Water Resources Committee
LFW:KBK:afm
Attachment
cc: William M. Hackworth, City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director of Utilities & Operations
D. D. Daniels, Assistant to City Manager for Community Relations
Charles M. Huffine, City Engineer
Sarah E. Fitton, Engineering Coordinator
Sherman Stovall, Acting Budget Administrator
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
Report No. 99-368
DATE:
TO:
FROM:
THRU:
SUBJECT:
September 20, 1999
.mbers, W~tter Resources Committee
,
irector, Utilities and Operations
James,. Ritchie, Acting City Manager
PROPERTY RIGHTS ACQUISITION FOR BLUE RIDGE PARK FOR
INDUSTRY DRAINAGE PROJECT
TAX PARCEL 5210108
OWNER - TRENT PLUMBING & HEATING, INC.
Background in chronological order is as follows:
mo
Drainage problems are ranked and added to the Capital Improvement Program (CIP)
Drainage Program in order to address and respond to the problems in a fair manner.
Ci_ty Council approved the acquisition of property_ rights for the Capital
Improvements Program (CIP) Drainage Program on March 1, 1999, by Ordinance
Number 34201-030199. The Blue Ridge Park for Industry was included in this
program.
Co
Plans for the Blue Ridge Park for Indust~_ are nearing completion. Development of
the final plans has revealed the need for an additional variable width drainage
easement on property owned by Trent Plumbing and Heating, Inc., identified by Tax
Map Number 5210108.
II.
Current Situation is as follows:
A. Final design is underway and initial contact with property owner has been made.
Authorization is needed to move forward with title work, negotiations with the
property owner, document preparation and closing for acquisition of the necessary
property rights.
Members, Water Resources Committee
September 20, 1999
Page 2
III.
IV.
Issues in order of importance are:
A. Need
B. Timing
C. Funding
Alternatives in order of feasibility are:
A. Water Resources Committee recommends that City Council authorize the Acting
City Manager to take appropriate action in order to accomplish the acquisition of the
variable width drainage easement from Trent Plumbing and Heating, Inc. necessary
for the construction of the Blue Ridge Park for Industry Project, in a form acceptable
to the City Attorney. Said property fights may be acquired by negotiation or eminent
domain and include a permanent easement shown on the attached plat, temporary
construction easements, licenses or right-of-entry permits, etc.
1. Need to acquire property rights has been established by design of the project.
2. Timing to begin acquisition of property rights is critical to avoid delay of the
project.
3. Funding totaling $10,000 from the 1992 bond issue account 008-052-9700-
9176 has been appropriated to account 008-052-9582-9050.
B. Water Resources Committee does not recommend that City Council authorize the
Acting City Manager to take appropriate action in order to accomplish the acquisition
of all property rights necessa_w for the construction of the project, in a form
acceptable to the City Attorney. Said property rights may be acquired by negotiation
or eminent domain and include permanent easements, temporary construction
easements, licenses or right-of-entry permits, etc.
1. Need to acquire property rights established by design of the project would not
be met.
2. Timing to begin acquisition of property rights to avoid delay of project
schedule would be jeopardized.
3. Funding would remain in the 008-052-9582-9050 account.
Members, Water Resources Committee
September 20, 1999
Page 3
Vo
Water Resources Committee recommends that City Council take the following actions, in
accordance with Alternative "A":
Ao
Authorize the acquisition of property rights as shown on Attachment "A", in a form
acceptable to the City Attorney. Said property rights may be acquired by negotiation
or eminent domain, and include permanent easements, temporary construction
easement, licenses or right-of-entry permits, etc.
Bo
Authorize the Acting City Manager or the Acting Assistant City Manager and the
City Clerk to execute and attest, respectively, the necessary_ documents, in a form
approved by the Ci_ty Attorney, to acquire this easement.
KBK/CDA/bs
Attachments
C~
City Attorney
Director of Finance
Acting Director of Public Works
Director of Utilities and Operations
Assistant to City Manager for Community Relations
City Engineer
Engineering Coordinator
Acting Budget Administrator
Attachment A
L£GF'ND GRAPHIC SCALE
~ SUR~E:YED PROPERTY UNE 80' 0 40' 80'
-- -- DEED LINE
· SET RE:BAR
EXISllNG IRON FOUND w
( IN FEET )
I inch - I~ R.
1. THIS SURVEY WAS PERFORMED WITHOUT
THE BENEFIT OF A TITLE SEARCH AND ~.~1,~~'
THEREFORE MAY NOT SHOW ALL ~"
ENCUUeRANCES. ~.~
2. TH~S PROPERTY AS PLAI-rED DOES ~'~ DOUGLAS R.
FALL WITHIN THE 100 YEAR FLOOD ZONE. :1:~ MEREDITH. JR.
5. THIS PLAT WAS PREPARED FROM AN
ACTUAL AND CURRF. NT RELO SUIW~'. ~_ No. 1450 B
4. FEMA FLOOD ZONE: 'X' ·
5. LEGAL REFERENCE: D.B. 1,551. PG. 10,52 TAX MAP NO: 5210108
/
/
/
III .,
VICINITY MAP
*sc)q~E: /"= 5Oo,
DATE:
I HEREBY CERTIFY THIS PLAT OF SURVEY TO BE CORRECT
TO THE BEST OF MY KNOWLEDGE AND 8EUEF
4'0·
VARIABLE O
DRAINAGE225 S.F. EASEMENT
0.01 AC
TAX NO:
52101
TAX NO:
5210112
TAX NO'.
5210115
OWG: 1778PL4. SURVEYED: 3/99 COMM: 1778
/ TAX NO. ~
/-"
/ ~ ~ /~'
I/ TAX N~
TAX NO: 5210 08 ~ · 521mH
Trot Plumbing ~ He, ting,
D.B. 1551.' PG. 1052 ~
~-- . ....... ~ I LINE TABLE II
~ TAX NO: ·
,~x .o: [~L~~e' lu.~l~.~l ~"~"~ 11
5210109 ~ / i L1 i '"' --~.~1 '~%~'[I I
/ ~ / J L3 J 31.mi
/ ~ / I ~* I ~.~ol ~*'~o'~.'ell
RECEIVED
CITY ~'~:-~'~'~':
"99 ~P 24 ~11:20
October 4, 1999
Report No. 99-363
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Easement on City-owned Property
RCIT - Appalachian Power Company
The attached staff report was considered by the Water Resources Committee
at its regular meeting on September 20, 1999. The Committee recommends that
Council schedule a public hearing for October 20, 1999, and lacking any comments to
the contrary, authorize the execution of the appropriate document, in a form approved
by the City Attorney, granting an overhead and underground easement across City-
owned property to Appalachian Power Company, in accordance with conditions stated
in the attached report.
L FW: KB K: afm
Attachment
cc:
Respectfully submitt,ed,
Linda F. Wyatt, Chairperson
Water Resources Committee
William M. Hackworth, City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director of Utilities & Operations
George C. Snead, Director of Public Safety
D. D. Daniels, Assistant to City Manager for Community Relations
Charles M. Huffine, City Engineer
Sarah E. Fitton, Engineering Coordinator
Report No. 99-363
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
DATE:
September 20, 1999
TO:
FROM:
SUBJECT:
a.s.~ater Resources Committee
~~ctor, Utilities and Operations thru
mes'D'FRifEhTe, Acting City Manager
EASEMENT ON CITY OWNED PROPERTY
RClT - APPALACHIAN POWER COMPANY
Back.qround in chronological order is as follows:
Land conveniently located to Route 460 East was acquired for industrial
development in 1989, now known as Roanoke Centre for Industry and
Technology (RCIT).
Roadways and utilities have been extended to serve the various parcels as they
have been developed.
II.
Current situation is as follows:
A. Electric service needs to be extended to serve the remaining parcels in the
RCIT expansion area now under development.
B. An overhead and under,qround easement across City-owned property has been
requested by Appalachian Power Company (Appalachian) to accommodate the
necessary facilities. See attached Agreement and plat.
Members, Water Resources Committee
EASEMENT ON CITY OWNED PROPERTY
APPALACHIAN POWER COMPANY
September 20, 1999
Page 2
III.
Issues in order of importance are:
A. Need
B. Timing
IV. Alternatives in order of feasibility are:
Ao
Water Resources Committee recommends that City Council schedule a public
hearin.q for October 20, 1999, and lacking any comments to the contrary,
authorize the execution of the appropriate document, in a form approved by the
City Attorney, granting an overhead and underground easement to Appalachian
across City-owned property. Said easement shall be for the purpose of
extending electric power lines to serve the remaining parcels on Blue Hills
Drive.
1. Need for easement to allow extension of electric power lines is met.
2. Timin.q to allow replacement as soon as possible is met.
Water Resources Committee does not recommend that City Council schedule
a public hearin,q for October 20, 1999, and lacking any comments to the
contrary, authorize the execution of the appropriate document, in a form
approved by the City Attorney, granting an overhead and underground
easement to Appalachian across City-owned property. Said easement shall be
for the purpose of extending electric power lines to serve the remaining parcels
on Blue Hills Drive.
1. Need for easement to allow extension of electric power lines is not met.
2. T m n,q to allow replacement as soon as possible is not met.
Water Resources Committee recommends that City Council schedule a public
hearing for October 20, 1999, and lacking any comments to the contrary, authorize
execution of the appropriate document granting an overhead and underground
easement across City-owned property to Appalachian Power Company in
accordance with Alternative "A".
Members, Water Resources Committee
EASEMENT ON CITY OWNED PROPERTY
APPALACHIAN POWER COMPANY
September 20, 1999
Page 3
JDR/KBK/SEF
Attachments
cc: City Attorney
Acting Director of Public Works
Director of Utilities and Operations
Director of Public Safety
Assistant to City Manager for Community Relations
City Engineer
Engineering Coordinator
MAP NO. 9780=2301)-3. 231A & 231B-1 W.O. 75_0-001 i
PROPERTY NO. ~ 3. O. 99-1020
EAS. NO.
Tills AGREEMENT, made xhis 14th dsy of Sepleml~, 1999, by md between th~
CITY OF RO~O~,
v~ ~o~ ~ ~ "~~C~."
WITNESSETH:
THAT FOR ~D IN CONiStON
R~e C~ f~ ~ ~ T~o~. ~ of~ Ci~ ofR~ V~
Bi~[NG a ri~ht ofway and eas~me, nt, in, on, alonK, over, through, across or
und~ said lands as shown shad~ on Prat entitled "New 50' AppaincWnn Power
Company Primary Easement nnd New 15' Apl~dachJan Power Company
Setxmdn~~Situaazlon Tax#7230101 Prope~y of Ci~ of Roanoke,"
re~o~ed contemporaneously hevva~h and mad~ a part
TOTAL P.~
TOTAL P.02
SEP-13-1999 15:49 ROANOKE REGION ENG. 540 982 ?444 P.03
TOGETHER with the right to said APPALACHIAN, its successors and assigns, to
construct, erect, install, place, operate, maintain, inspect, repair, renew, remove, add to the
number of poles, with crossarms, wires, cables, transformers, guys, and anchors in, on, and under
the premises above referred to, grounding systems and all other appurtenant equipment and
fixtures, underground conduits, ducts, vaults, cables, wires, transformers, pedestals, risers, pads,
fixtures and appurtenances (hereinafter called "Appalachian's Facilities"), and string wires and
cables, adding thereto from time to time, in, on, along, over, through, across and under the above
referred to premises; the right to cut down, trim, clear and/or otherwise control, and at
Appalachian's option, remove from said premises, any trees shrubs, roots, brush, undergrowth,
overhanging branches, buildings or other obstructions which may endanger thc safety of, or
interfere with the use of. Appalachian's Facilities; the right to disturb thc surface of said
premises and to excavate thereon; and the right oI'ingress and egress to and over said above
referred to premises and any ol'the adjoining lands of the Grantors at any and all times, for the
purpose of exercising and enjoying the rights herein granted, and for doing anything necessary or
useful or convenient in connection therewith. The Grantor hereby grants, conveys and warrants
to Appalachian Power Company a non-exclusive right of way easement for electric facilities_
In the event APPALACHIAN should remove all of said Appalachian's facilities from the
lands of the GRANTOR, then ali of the rights, title and interest of thc party of APPALACHIAN
in the right of way and license hereinabove granted, shall revert to the GRANTOR, its successors
and assigns.
2
SEP-13-1999 15:48 ROANOKE REGION ENG, 540 982 9444 P.04
APPALACHIAN agrees to indemnify and save harmless the GRANTOR against any and
all loss or damage, accidents, or injuries, to persons or property, whether of thc GRANTOR or
any other person or corporation, arising in any manner from the negligent construction,
operations, or maintenance, or failure to properly construct, operate, or maintain said
Appalachian's facilities.
TO HAVE AND TO HOLD thc same unto Appalachian Power Company, its successors
and assigns.
Upon recordation of this agreement Appalachian accepts the terms and conditions
contained therein.
WITNESS the signature of the City of Roanoke by ,
its City Manager, and its municipal seal hereto affixed and attested by MARY F. Parker, its City
Clerk pursuant to Ordinance No. adopted on
CITY OF ROANOKE
ATTEST:
CITY MANAGER
CITY CLERK
SEP-1J-1999 15:48 ROANOKE REGION ENG, 540 982 ?444 P,05
STATE OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
I,
., a Notary Public in and for the City and
Commonwealth At Large, do certify that and
, City Manager and City Clerk, respectively, of the
City of Roanoke, whose names as such are signed to the writing above, bearing date the
day of ,19
, have each acknowledged the same
day of ,19 .........
before me in my jurisdiction aforesaid.
Given under my hand this
My Commission Expires:
NOTARY PUBLIC
~[T~O~.LW~
4
TOTAL P.05
PLAI ~IO~N0
NEW ,50' APPALACHIAN POWER
COMPANY PRIMARY EASEMENT
NEW 15' APPALACHIAN POWER
COMPANY SECONDARY EASEMENT
SITUATED C~4 TAX /7230101
PROPERTY OF
CITY OF ROANOKE
SCALE: 1" = 300' DATE: 14 SEPTEMBER 1999
LUMSDEN ASSOCIATES, P.C.
ENGINEERS - SURVEYORS - PLANNERS
ROANOKE, VIRGINIA
M.B ....... PG .....
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 I- 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
October 8, 1999
File #28-166-386-468
SANDRA H. EAKIN
Deputy City Clerk
Jill Helm, Engineer
Bell Atlantic-Virginia, Inc.
4843 Oakland Blvd., N. W.
Roanoke, Virginia 24019
Dear Ms. Helm:
A report of the Water Resources Committee recommending that the City Manager take
appropriate action in order to advertise a public hearing, and lacking any comments to the
contrary, execute the appropriate document granting an easement across City-owned
property to Bell Atlantic-Virginia, Inc., in connection with the Brambleton Avenue/Overland
Road, $. W., signalization project, was before the Council of the City of Roanoke at a
regular meeting which was held on Monday, October 4, 1999.
On motion, duly seconded and unanimously adopted, Council concurred in the
recommendation of the Water Resources Committee and authorized a public hearing to
be held on Wednesday, October 20, 1999, at 7:00 p.m., in the City Council Chamber, 215
Church Avenue, $. W., City of Roanoke.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc:
James D. Ritchie, Sr., Acting City Manager
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and OperatiOns
Dolores C. Daniels, Assistant to the City Manager for Community Relations
Chades M. Huffine, City Engineer
Sarah E. Fitton, Engineering Coordinator
C:hMyFilm~'t4.wpd. I.wlxl
RECEIVED
CITY '"'"'~' ~'(°
'9g SEP 24 ~1:20
October 4, 1999
Report No. 99-373
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Easement on City-owned Property for Bell Atlantic-Virginia, Inc.
Brambleton/Overland Signalization Project
The attached staff report was considered by the Water Resources Committee
at its regular meeting on September 20, 1999. The Committee recommends that
Council schedule a public hearing for October 20, 1999, and lacking any comments to
the contrary, authorize the execution of the appropriate document, in a form approved
by the City Attorney, granting an easement to Bell Atlantic-Virginia, Inc. across City-
owned property, in accordance with conditions stated in the attached report.
Respectfully submitted,
Linda F Wyatt, Chairperson
Water Resources Com m ittee
L FW: KB K: afm
Attachment
CC~
William M. Hackworth, City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director of Utilities & Operations
D. D. Daniels, Assistant to City Manager for Community Relations
Charles M. Huffine, City Engineer
Sarah E. Fitton, Engineering Coordinator
Jill Helm, Engineer, Bell Atlantic
Repo~ No. 99-373
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
DATE:
TO:
FROM:
SUBJECT:
September 20, 1999
~embers~,_Water Resources Committee
' ~' J"~' t,ons'
~.;~Director, Utilities and Opera thru
03~'rn-es D. Ritchie, Acting City Manager
EASEMENT ON CITY OWNED PROPERTY FOR
BELL ATLANTIC - VIRGINIA, INC.
BRAMBLETON/OVERLAND SIGNALIZATION PROJECT
Background in chronological order is as follows:
A. Traffic signal plans and specifications have been completed for the intersection
of Brambleton Avenue, SW and Overland Road SW.
B. Property adiacent to the intersection is owned by the City, identified as
Roanoke City Tax No. 1360301.
II.
Current situation is as follows:
A. Installation of the signal will require relocation of Bell Atlantic's existing
underground conduit. See attached plat.
B. An easement across City-owned property has been requested by Bell Atlantic
in order to relocate their underground conduit. See attached letter.
III.
Issues in order of importance are:
A. Need
B. Timing
Members, Water Resources Committee
EASEMENT ON CITY OWNED PROPERTY FOR
BELL ATLANTIC - VIRGINIA, INC.
BRAMBLETON/OVERLAND SIGNALIZATION PROJECT
September 20, 1999
Page 2
IV. Alternatives in order of feasibility are:
Ao
Water Resources Committee recommends that City Council schedule a public
hearing for October 20, 1999, and lacking any comments to the contrary,
authorize the execution of the appropriate document, in a form approved by the
City Attorney, granting an easement to Bell Atlantic- Virginia, Inc. across City-
owned property.
1. Need for easement to allow relocation of the underground conduit is met.
Timing to allow conduit to be relocated in order to avoid project delays is
met.
Water Resources Committee does not recommend that City Council schedule
a public hearing for October 20, 1999, and lacking any comments to the
contrary, authorize the execution of the appropriate document, in a form
approved by the City Attorney, granting an easement to Bell Atlantic - Virginia,
Inc. across City-owned property.
Need for easement to allow relocation of the underground conduit is not
met.
Timing to allow conduit to be relocated in order to avoid project delays is
not met.
Water Resources Committee recommends that City Council schedule a public
hearing for October 20, 1999, and lacking any comments to the contrary, authorize
the execution of the appropriate document, in a form approved by the City Attorney,
granting an easement to Bell Atlantic - Virginia, Inc. across City-owned property, in
accordance with Alternative "A".
JDR/KBK/SEF
Attachments
cc: City Attorney
Acting Director of Public Works
Director of Utilities and Operations
Members, Water Resources Committee
EASEMENT ON CITY OWNED PROPERTY FOR
BELL ATLANTIC - VIRGINIA, INC.
BRAMBLETON/OVERLAND SIGNALIZATION PROJECT
September 20, 1999
Page 3
Assistant to City Manager for Community Relations
City Engineer
Engineering Coordinator
Jill Helm, Engineer, Bell Atlantic
Bell Atlantic - Virginia, Inc.
4843 Oaldand Blvd., 2nd Floor
Roanoke, \2& 24012
Facilities .\lanagement
July 22, 1999
Ms. Sarah Fitton
Engineering Coordinator
City of Roanoke
215 Church Avenue, S. W.
Roanoke, Virginia 24011
Dear Ms. Fitton:
RE: BRAMBLETON AVENUE / OVERLAND ROAD INTERSECTION
This letter is to request an easement to relocate our underground conduit system on the
above project.
The easement is shown on the attached plan sheet and involves City of Roanoke D. B.
221, Pg. 370 (Roanoke County) Tax # 136-03-01.
Enclosed is our easement form that needs to be signed by the appropriate person.
Please contact me or Mike Slusher on 540-265-7578 for any additional information you
may require.
~mL/Engineer~e~' - 540-265-7585
THIS INSTRUMENT PREPARED BY BELL ATLANTIC-VA., 4843 OAKLAND BLVD.,
ROANOKE, VA. 24012 Form # 3
CONDUIT
This Deed of Easement, made this day of ,19 , between BELL
ATLANTIC-VIRGINIA, hereinafter called "GRANTEE" and The City of Roanoke
successors or assigns hereinafter called "GRANTOR".
WITNESSETH
Received of the BELL ATLANTIC-VIRGINIA, one dollar ($1.00) in consideration of which the
undersigned hereby grant and convey unto said Company, its successors, assigns, lessees and agents, a
right of way and easement to construct, operate, maintain, replace and remove a communication system
consisting of one or more underground cables and such conduits, wires, manholes, drains and splicing
boxes, and such surface testing - terminals, repeaters and markers and such other appurtenances, as the
grantees may from time to time require, upon, under, across, and over the land which the undersigned
own or in which the undersigned have any interest; said land being located in the City of
Roanoke County of --- , and State of Virginia, and upon, under, along and over the roads,
streets and highways adjoining the said land, together with the following rights: Of ingress and egress
over, under and across the lands of the undersigned to and from said systems for the purpose of exercising
the rights herein granted; to open and close fences, cut down and keep cut down all trees and undergrowth
within 5 ~et of said system: and to permit the attachment of and to carry in said system the wires,
cables, c~ts land appurtenances of any other Company; including all electric wires. Said easement
being located and described on said land as follows:
As shown on the attached sheet of Brambleton Avenue, S. W. and Overland Road, S. W. Tax number
136-03-01, D. B. 221, Page 370 (Roanoke County)
Witness hand and seal this day of ,19 ~
Grantor
(Seal)
State of Virginia,
To Wit:
I,
(Seal)
Grantor
of ,
,a
aforesaid, do hereby certify that
of the State of Virginia in and for the
whose
name signed to the within writing bearing date on the day of
acknowledged the same before me in my and State aforesaid.
Given under my hand this ~ day of
19 has
My commission expires day of
RW# ORDER #
Notary Public
SHADED AREA DENOTES PERMANENT U~LITY EASEMENT = 1030 Sq. Ft.
(0.024 Ac.)
~, William Anderson Ho~ey ~
~, 0.8. 1562. PG. 41. ./'
~ T~ , 156-01-17 ~
John B. · Mildr~ St. Leger ~ ~
D.8. 1698. Pg. I~0. ~ ~
·
CITY OF ROANOKE
D.B. 221. PG. 370 (Roanoke Co.)
TAX ~1 136-05-01
Curve
Curve # Radius DeLta TAngent; Ar~c Chord BeAring
C1 856.23' 2'48'43' 21.01' 42.02' S70'37'31'V 42.02'
Easement Plat Showing
TE.LEPHONE~. UTILITY EASEMENT
· ' ' For
Bell AflonhC,' Inc.
ON PROPERTY OF
The City of Roanoke
DEED BOOK 221. PAGE 370. (Roanoke Co.)
THE CITY .OF ,ROANOKE, VIRGINIA
SCALE 1 = 25 DATE: July 15, 1999
~ Mattern & Craig, Inc.
CONSUL'flNO ENOINB~I8 - 8URVI~-YOR8
TOl FII~T STREET, &w.
ROAIqOKB, VIROINIA 14016
R:\O.§~-\ 1785\E- 1.dwg
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
October 7, 1999
File #28-166468
SANDRA H. EAKIN
Deputy City Clerk
Michael K. Smeltzer, Esq.
Woods, Rogers & Hazlegrove, PLC
P. O. Box 14125
Roanoke, Virginia 240384125
Dear Mr. Smeltzer:
A report of the Water Resources Committee recommending that the City Manager take
appropriate action in order to advertise a public hearing, and lacking any comments to the
contrary, execute the appropriate document granting an easement across City-owned
property located at Carvins Cove to Norma Jean Sigmon for the purpose of ingress and
egress to the Sigmon property, was before the Council of the City of Roanoke at a regular
meeting which was held on Monday, October 4, 1999.
On motion, duly seconded and unanimously adopted, Council concurred in the
recommendation of the Water Resources Committee and authorized a public hearing to
be held on Wednesday, October 20, 1999, at 7:00 p.m., in the City Council Chamber, 215
Church Avenue, S. W., City of Roanoke.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc:
James D. Ritchie, Sr., Acting City Manager
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
Jesse H. Perdue, Jr., Manager, Water Department
Dolores C. Daniels, Assistant to the City Manager for Community Relations
Charles M. Huffine, City Engineer
Sarah E. Fitton, Engineering Coordinator
C:'dv[y Files'o:t4.wpd. 1
RECEPyED
CITY -" i' .-,
'99 SEP 24 ~,1t :20
October 4, 1999
Report No. 99-374
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Easement on City-owned Property
Carvins Cove - Norma Jean Sigmon
The attached staff report was considered by the Water Resources Committee
at its regular meeting on September 20, 1999. The Committee recommends that
Council schedule a public hearing for October 20, 1999, and lacking any comments to
the contrary, authorize the execution of the appropriate document, in a form approved
by the City Attorney, granting an easement to Norma Jean Sigmon across City-owned
property, in accordance with conditions stated in the attached report.
Linda F. Wyatt, Chairperson
Water Resources Committee
L FW: KB K: afl
Attachment
CC:
William M. Hackworth, City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director of Utilities & Operations
Jesse H. Perdue, Jr., Water Department Manager
D. D. Daniels, Assistant to City Manager for Community Relations
Charles M. Huffine, City Engineer
Sarah E. Fitton, Engineering Coordinator
Michael K. Smeltzer, Esquire
Report No. 99-374
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
DATE:
September 20, 1999
TO:
FROM:
SUBJECT:
Members. Water Resources Committee
.,--
:~ames Di Ritchie, Acting City Manager
EASEMENT ON CITY-OWNED PROPERTY
CARVlNS COVE - NORMA JEAN SIGMON
Background in chronological order is as follows:
The City has been acquiring land located in the Carvins Cove Watershed for
many years to protect the watershed. As a result, the City has extensive
holdings in Roanoke County surrounding the Cove.
B. Property adiacent to City-owned property is owned by Norma Jean Sigmon.
II.
Current situation is as follows:
An easement across City-owned property has been requested by Michael
Smeltzer on behalf of the owner of the Sigmon property. Proposed easement
would allow property owner to construct a driveway to improve access to the
property. See attached letter.
Survey of property to delineate the proposed easement has been completed by
owner. See attached plat prepared by Lumsden Associates, P.C. Property
owner shall also be responsible for preparation of all documents and expenses
related to conveyance of the easement.
Members, Water Resources Committee
EASEMENT ON CITY OWNED PROPERTY
CARVINS COVE - NORMA JEAN SIGMON
September 20, 1999
Page 2
III. Issues in order of importance are:
A. Need
B. Impact to Watershed
C. Income to City
IV. Alternatives in order of feasibility are:
Ao
Water Resources Committee recommends that City Council schedule a public
hearing for October 20, 1999, and lacking any comments to the contrary,
authorize the execution of the appropriate document, in a form approved by the
City Attorney, granting an easement to Norma Jean Sigmon across City-owned
property. Said easement shall be for the purpose of ingress/egress to the
Sigmon property.
1. Need of neighboring property owner to construct a driveway is met.
Impact to Watershed is insignificant due to the topography of the
easement area, which does not drain into Carvins Cove.
3. Income to City will be $260.00, the offered price for the easement.
Water Resources Committee does not recommend that City Council schedule
a public hearing for October 20, 1999, and lacking any comments to the
contrary, authorize the execution of the appropriate document, in a form
approved by the City Attorney, granting an easement to Norma Jean Sigmon
across City-owned property. Said easement shall be for the purpose of
ingress/egress to the Sigmon property.
Need of neighboring property owner to construct a driveway is not met.
Impact to Watershed is zero.
3. Income to City will be zero.
Members, Water Resources Committee
EASEMENT ON CITY OWNED PROPERTY
CARVINS COVE - NORMA JEAN SIGMON
September 20, 1999
Page 3
Water Resources Committee recommends that City Council schedule a public
hearing for October 20, 1999, and lacking any comments to the contrary, authorize
the execution of the appropriate document, in a form approved by the City Attorney,
granting an easement to Norma Jean Sigmon across City-owned property in
accordance with Alternative "A".
JDR/KBK/SEF
Attachments
CC~
City Attorney
Acting Director of Public Works
Director of Utilities and Operations
Manager, Water Department
Assistant to City Manager for Community Relations
City Engineer
Engineering Coordinator
Michael K. Smeltzer, Esquire
MICHAEL K. SMELTZER
540 983-7652
[NTERNET: smcltzer~woodsrogers, eom
WOODS, ROGF. RS
& HAZI .EGROVE
Attorneys at Law
August 30, 1999
HAND DELIVERED
Mr. Kit B. Kiser, Director
Utilities & Operations
Room 354, Municip',d Building
215 Church Avenue, S.W.
Roanoke, VA 24011
In Re: Easement through City of Roanoke Property to Norma Jean Sigmon Property
Dear Kit: t
Please recall our previous correspondence regarding the above matter. Lumsden & Associates
contacted a representative of the City whom they met at the subject property and it was agreed that the
access easement to the Sigmon property ought to follow an existing trail which crosses the City
property.
I enclose a copy of the plat of survey of the easement and a copy of Kirk Lumsden's letter of
August 27.
Please advise me as to the approval of the City and the next step we should take. We understand
that the cost will be based on $400.00 per acre for the easement area. We are ready to proceed when
v,e have all approvals.
I look forward to hearing from you.
Very truly yours,
Michael K. Smeltzer
MKS:jtr
Enclosure
cc: Norma Jean Sigmon (w/encl)
RKE# 0603783.WPD
C/M: 084425-00009-01
E O. Box 14125 / Roanoke, Virginia 24038-4125
10 South Jefferson Street, Suite 1400 / Roanoke, Virginia 24011
540 983-7600 / Fax 540 983-7711
lnternet - maili~woodsrogers.com
Offices also in Charlottesville, Danville and Richmond,Virginia
NOTES:
1) THIS PLAT WAS PREPARED WITHOUT THE BENEFIT
CURRENT TITLE REPORT AND THERE I~.Y EXIST EASEI~NTS
NOT SHOWN HEREON,
2) THE INTENT OF THiS PLAT IS TO CREATE A
INGRESS/EGRESS EASEMENT THRU PROPERTY OF
CITY OF ROANOKE AND DOES NOT REPRESENT A
BOUNDARY SURVEY.
3) CENTERLINE OF 25' INGRESS/EGRESS EASEMENT
APPROXIMATELY FOLLOWS ~ ~ISTING T~IL POORLY
DEFINED IN SOME AR~S FROM POINT 1 TO Il.
N
PLAT SHOWING
25' INGRH$S/BGRHSS BASHMENT
BEING GRANTED BY
THE CITY 0F ROANOKR
TO
NORMAJR~N SX~N'~`~ .....
SITUATED OFF VA. SEC. RTE. ~740
CATAWBA MAGISTERIAL DISTRICT
ROANOKE COUNTY, VIRGINIA
~.ALI~I"- 100' DAT~ 24 AUGUST 1999
LUMSDIN AIIOOIA'11~ P. 0,,
EN~INIBqI-IU~V~IIq~
ROANO~B, VIRMNIA
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC/AAE
City Clerk
October 11, 1999
File #2-207-237
Sandra H. Eakin
Deputy City Clerk
James D. Ritchie, Sr.
Acting City Manager
Roanoke, Virginia
Dear Mr. Ritchie:
I am attaching copy of Ordinance No. 34510-100499 authorizing the City Manager to
proceed with acquisition of a property interest in a small portion of a parcel of land owned
by Industrial Development & Investment Co., provided that there are no hazardous
materials found on the portion to be obtained 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, October 4, 1999.
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
Industrial Development & Investment Co;, 1912 9th Street, S. E., Roanoke, Virginia
24013
Kit B. Kiser, Director, Utilities and Operations
Robert K. Bengtson, Acting Director, Public Works
Chad3s M. Huffine, City Engineer
Greg Reed, Project Engineer
C:~V[yFile~ct4. wpd. I ,wlxl
IN THE COUNCH. OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of October, 1999.
No. 34510-100499.
AN ORDINANCE authorizing the City Manager to proceed with the acquisition of a property
~terest in a small portion of a parcel of land owned by Industrial Development & Investment Co.,
provided that there are no hA:,~rdous materials found on the portion to be obtained by the City; and
providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. City Council approves the reCOmmendations of the Flood Plain Committee as set forth
in the report to this Council dated October 4, 1999.
2. The City Manager is authorized to proceed with the acquisition of a portion of a parcel
of land owned by Industrial Development & Investment Co., tax map No. 4250301, as set forth in
the above report, provided that no ha,~ardous materials are found during the Phase 2 Environmental
Site Assessment that is being performed on the portion of the property to be obtained by the City
which would present any material risk to the City.
3. The City Manager is authorized to proceed with the acquisition of the property as
previously authorized by Council in Ordinance No. 29733-91189, which includes condemnation if
necessa~.
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.
RECEIVED ,_
CITY CLERIqS OFF iCE
'99 SEP 24 ~11:20
October 4, 1999
Report No. 99-357
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Roanoke River Flood Reduction Project - Environmental Policy
for Acquisition (Industrial Development & Investment Co.
Property)
The attached staff report was considered by the Flood Plain Committee at its
meeting on September 13, 1999. The Committee recommends that Council
authorize the City Manager to proceed with the acquisition of the small parcel owned
by Industrial Development & Investment Co. (part of Tax Map #4250301), if no
hazardous materials are found, since this parcel is required for the Roanoke River
Flood Reduction Project, as summarized in the attached report.
Respectfully submitted,
iser, Chairperson
Flood Plain Committee
KBK:afm
Attachment
CC:
William M. Hackworth, City Attorney
James D. Grisso, Director of Finance
Greg Reed, P.E., Project Engineer
Industrial Development & Investment Co.
Members, Flood Plain Committee
Report No. 99-357
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
DATE:
August 27, 1999
TO:
Chairperson & Members, Floodplain Committee
FROM:
THRU:
SUBJECT:
Greg Reed, Project Manager
James D. Ritchie, Acting City Manag~r~4~
Roanoke River Flood Reduction Project - Environmental Policy for Acquisition
(Industrial Development & Investment Co, Property)
I. Background on the subject in chronological order is as follows:
The City of Roanoke has an established environmental policy of not acquiring property
interests (including easements) in a property containing known hazardous waste material.
The Letter of Cooperative Agreement (LCA), signed by the City in 1990, requires the City
to acquire all easements necessary for this project and places all responsibility for the
handling of hazardous materials on the City. A significant amount of environmental testing
has been performed to identify problem properties and those with known hazardous materials
have been removed from the project.
The City had previously removed the Industrial Development & Investment Co. Property (Tax
Map #4250301) from the proiect due to a known hazardous material dump site located on
part of this property. The Corps of Engineers stated by letter dated June 17, 1999 that a
proposed bench cut located on part of this property is required to keep the project's
benefit/cost ratio above 1/1.
II. Current situation is as follows:
The Floodplain Committee met on June 22, 1999 to review and discuss the specifics of this
property acquisition issue. The proposed bench cut would require use of an approximate five
acre parcel of land from a 73.6 acre parcel belonging to Industrial Development and
Investment Company. The area within the proposed parcel appears to be environmentally
"clean" but the City's environmental consultant recommends some additional testing be
performed to complete a Phase 2 environmental site assessment prior to acquisition.
The City is completing the recommended Phase 2 environmental site assessment (ESA) for
the proposed parcel. If the ESA is favorable for the parcel needed, then established
environmental policy regarding hazardous material may be able to be complied with and the
City would then be ready to acquire the required property interests for this project.
The Method of acquisition proposed is to subdivide the large industrial site to partition off
the small parcel needed for the flood reduction project and then acquire an easement interest
if possible, or if not, then in fee simple.
III. Issues in order of importance are as follows:
A. Environmental Liability
H:\USER\ENGGJR\WRC\RRFRP2.WPD
Members, Floodplain Committee
R~),.noke River Flood Reduction Project - Industrial Development and Investment Company
August 27, 1999
Page 2
B. City's Cost
C. Federal Funding
IV. Alternatives in order of feasibility are as follows:
Approve proceedin.q with the acquisition of the small parcel owned by Industrial Development
& Investment Co. (Tax Map #4250301 ), and if no hazardous materials are found by the ESA.
The established environmental policy regarding acquisition of property with known
hazardous waste materials would then be complied with. Proposed method of acquisition
is to subdivide the parcel and acquire the needed parcel by an easement if possible and, if
not, in fee simple. If neither of these are available, then condemnation might be considered.
Environmental Liability may be increased by taking a property interest in a portion of
a parcel which has known hazardous waste materials located on another portion of
that same parcel.
City's Cost would not be changed from the original project. Acquisition of this
property was approved by Council Ordinance No. 29733-91189, and included in the
97.5 million estimated cost for land acquisition.
Federal Fundin.q for this project will remain available due to a benefit/cost ratio above
1/1.
Do not approve proceeding with the acquisition of the small parcel owned by Industrial
Development & Investment Co. (Tax Map #4250301 ) to allow construction of the proposed
bench cut.
Environmental Liability will not be increased above the existing City environmental
policy limits.
2. City's Cost would be reduced but project would lose federal funding.
Federal Fundin.q for this project would be removed due to a resulting benefit/cost ratio
below the required minimum 1/1.
Committee recommend that City Council concur in Alternative A, and take the following specific
actions:
Ao
KBK/JGR
Attachment:
C;
Authorize the City Manager to proceed with the acquisition of the small parcel owned by
Industrial Development & Investment Co. (part of Tax Map #4250301), if no hazardous
materials are found, as set forth in IV (A) above since this parcel is required for the Roanoke
River Flood Reduction Project. The cost of obtaining the needed parcel has been previously
approved by Council in Ordinance No. 29733-91189.
Map
City Attorney
Industrial Development & Investment Co.
H:\USER\ENGGJR\WRC\RRFRP2.WPD
Industrial
Developmnt
Property
Hazardous Material Site
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
October 11, 1999
File #2-207-237
Sandra H. Eakin
Deputy City Clerk
James D. Ritchie, Sr.
Acting City Manager
Roanoke, Virginia
Dear Mr. Ritchie:
I am attaching copy of Ordinance No. 34511-100499 authorizing the City Manager to
contact and to attempt to purchase residential houses and property located at 1302, 1306
and 1312 Piedmont Street, S. E., in the City of Roanoke; provided that all three properties
can be obtained voluntarily; authorizing the City Manager to determine the cost of the
relocation of the property owners or tenants at those locations and for the demolition or
removal of the three structures at those locations, all for the purpose of the Roanoke River
Flood Reduction Project. The abovereferenced measure was adopted by the Council of
the City of Roanoke at a regular meeting which was held on Monday, October 4, 1999.
Sincerely, p¢~.~,~.~
Mary F. ~rker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
Just for the Fun of It, cio Roland Macher,320 Huntington Blvd., N. E., Roanoke,
Virginia 24012
Mr. and Mrs. Desmond Soden, 1306 Piedmont Street, S. E., Roanoke, Virginia
24014
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
Charles M. Huffine, City Engineer
Greg Reed, Project Engineer
C:LMy Files\oct4.wlxt. I.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of October, 1999.
No. 34511-100499.
AN ORDINANCE authorizing the City Manager to contact and to attempt to purchase
residential houses and property located at 1302, 1306 and 1312 Piedmont Street in the City of
Roanoke; provided that all three properties can be obtained voluntarily, authorizing the City Manager
to determine the cost of the relocation of the property owners or tenants at those locations and for
the demolition or removal of the three structures at those locations, all for the purposes of the
Roanoke River Flood Reduction Project; and providing for an emergency.
WHEREAS, when the Roanoke River Flood Reduction Project (Project) was adopted in
1989, the houses and properties located at 1302, 1306 and 1312 Piedmont Street were not included
in the Project; and
WHEREAS, as the Project has proceeded, changes in the scope of the Project have occurred
and it has now been determined that these properties will provide a benefit to the Project by removing
three structures that would remain in the floodway and would also allow the placement ofa propo/ed
recreation trail to be placed in this area instead ofhavin8 the recreation trail placed closer to the river,
all as more fully set forth in the report to this Council from the Flood Plain Committee dated October
4, 1999.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manaser or the Assistant City Manaser is authorized to contact the Property
owners of the houses and properties located at 1302, 1306 and 1312 Piedmont Street in the City of
Roanoke, Tax Map Nos. 4040701, 4040702, and 4040703, to attempt to voluntarily purchase the
three properties, provided however, that if the purchase of all three properties cannot be
accomplished voluntarily, then none of the three properties will be acquired by the City, all as more
fully set forth in the above mentioned report to this Council.
2. If an agreement is reached with all three property owners for the voluntary sale of the
above mentioned properties, the City Manager or the Assistant City Manager is authorized to
determine the cost of relocation of the property owners or tenants for those properties together with
the cost of demolition or removal of the structures on those properties for the Project and then to
present to this Council signed asreements from the property owners for approval of the purchase of
those three properties.
3. The purchas~ price of the three properties and cost for relocation and the cost of
demolition or removal of the structures will be subject to the approval of Council when the purchase
contracts am presented to Council
4. In order to provide for the usual daily operation of the municipal $ovemment, an
emergency is deemed to exist, and this ordinan~ shall be in full force and effect upon its passage.
ATTEST:
CityClerk.
RECEIVED
CITY Ct. ER!qS OFFICE
'99 SEP 24 All :20
October 4, 1999
Report No. 99-358
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Roanoke River Flood Reduction Project- Residential
Acquisition Policy (1300 block Piedmont Street)
The attached staff report was considered by the Flood Plain Committee at its
meeting on September 13, 1999. The Committee recommends that Council take the
following actions as summarized in the attached report:
Authorize the City Manager to change the original intent regarding
the purchase and removal of residential houses as it relates to
properties at 1302, 1306, and 1312 Piedmont Street for the Roanoke
River Flood Reduction Project.
Authorize the City Manager to contact the three property owners
(Tax Nos. 4040701, 4040702, and 4040703) regarding the voluntary
sale of their properties to allow removal or demolition of the three
houses for the construction of the proposed bench cut and
recreational trail.
Acquire, on behalf of the City, the property located at 1302, 1306
and 1312 Piedmont Street and demolish the structures as part of the
Roanoke River Flood Reduction Project providing the City and all
three of the property owners agree on a fair price for the properties.
Respectfully submitted,
Kiser, Chairperson
Flood Plain Committee
KB K: afm
Attachment
CC:
William M. Hackworth, City Attorney
James D. Grisso, Director of Finance
Greg Reed, P.E., Project Engineer
Just for the Fun of It (c/o Roland Macher), Property owner of
1302 Piedmont Street
Desmond and Joan K. Soden, Property owners of 1306 & 1312 Piedmont Street
Members, Flood Plain Committee
Report No. 99-358
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
DATE:
August 25, 1999
TO:
Chairperson & Members, Floodplain Committee
FROM:
THRU:
SUBJECT:
Greg Reed, Project Manager t~j~_~
James D. Ritchie, Acting City Manag
Roanoke River Flood Reduction Project - Residential Acquisition Policy
(1300 block Piedmont Street)
I. Background on the subject in chronological order is as follows:
In the City's original intent for acquisition of property for the Roanoke River Flood
Reduction Project no residential homes were intended for removal. This intent was
stated at many of the public meetings which were held prior to the passing of the
project's bond referendum in 1989.
Bo
Since establishing the City's original intent for the Roanoke River Flood Reduction Project,
the City has established a new program designed to purchase flood-prone homes, the
City of Roanoke Floodplain Management Acquisition Policy, dated February 16, 1999,
Ordinance No. 34199-030199. Within the past three years, the City has purchased
more than 35 homes in this voluntary program which allows the owners an opportunity
to move out of harm's way. This program has provided a new option for helping flood-
vulnerable property owners and has received much community support.
The origina design for the Roanoke River Flood Reduction Project did not include
removing portions of the pavement in the 1300 block of Piedmont Street.
During preparation of the final construction plans, the Corps of Engineers has determined
that some of the pavement for Piedmont Street will need to be removed in order to place
II.
the bench cut in this area. Construction of the proposed recreation trail in this area would
remove the remainder of Piedmont Street in front of the homes located at 1302, 1306,
and 1312. As these homes would no longer have viable street access, the current
project would require their purchase and removal.
Current situation is as follows:
Ao
The Floodplain Committee met on June 22, 1999 to review and discuss the specifics of
this property acquisition issue.
The properties located at 1302, 1306, and 1312 Peidmont Street are currently located
within the floodway and will remain in the floodway following the completion of the
Roanoke River Flood Reduction Project. The floodway is the most dangerous portion of
the floodplain since it is the area of the highest depths and velocities. Current City
ordinances do not allow the construction of any buildings in the floodway. All three
properties would need to be purchased or none would be obtained by the City.
H:\USER\ENGGJR\WRC\RRFRP4.WPD
Members, Floodplain Committee
¥, )anoke River Flood Reduction Project - 1300 Block of Piedmont Street
August 25, 1999
Page 2
Moving the proposed recreation trail down onto the bench cut area would allow street
access to be maintained for these homes but would make the recreation trail vulnerablo
III.
IV.
to flooding and deposits of mud and debris. However, if Piedmont Street was
reconstructed in its existing location, the street could be used as an alternate route for
this section of trail when it was flooded or obstructed by debris.
Issues in order of importance are as follows:
A. Residential relocation
B. Procedures
C. Recreation trail
D. Funding
Alternatives in order of feasibility are as follows:
Ao
Approve chanqin.q the City's original intent regarding the purchase and removal of
residential houses and relocation of property owners at 1302, 1306 and 1312 Peidmont
Street for the Roanoke River Flood Reduction Project. Contact the three property owners
regarding the voluntary sale of their properties to allow removal or demolition of the three
houses for the construction of the proposed bench cut and recreational trail. If all three
of the property owners are agreeable to the voluntary sale of their properties, the City
would purchase and the three flood-prone houses would be removed by demolition or
would be allowed to be moved. The City would retain fee simple ownership of the
cleared properties. If any of the three property owners are not agreeable to the voluntary
sale of their properties, none of the properties would be purchased and the recreational
trail would be relocated down onto the bench cut.
Residential relocation would be required for three home owners, if all three
homeowners voluntarily agree to sell their properties.
o
Procedures to be followed in the purchase of the three properties would be similar
to the procedures set forth in the Floodplain Acquisition Policy dated February 16,
1999 mentioned in 1 (B) above.
Recreation trail would be located at the top of the bench cut area where it would
not be subjected to frequent flooding and debris.
Funding for property acquisition would be increased above the original estimate
however, since other work in this project has been reduced, the overall project
estimate is not expected to increase. At this time, project costs are based on
estimates, and will not be known until bids are received. The purchase price of
the three properties and the cost of relocation of the property owners will be
subject to approval by Council.
H:\USER\ENGGJR\WRC\RRFRP4.WPD
Members, Floodplain Committee
~. ~anoke River Flood Reduction Project - 1300 Block of Piedmont Street
August 25, 1999
Page 3
Do not approve changing the original intent regarding the purchase and removal of
residential houses and relocation of property owners at 1302, 1306 and 1312 Peidmont
Street for the Roanoke River Flood Reduction Project.
1. Residential relocation would not be required for three home owners.
2. Procedures would not be an issue.
Recreation trail would be located on the bench cut area where it would be
subjected to frequent flooding and debris. Piedmont Street would be shared
between trail users and vehicular traffic during times when the trail is flooded
(water level on the Roanoke River is 18 inches or more above its Iow-water level)
or flood debris is blocking use of the recreational trail.
Funding for property acquisition would not be increased above the original
estimate at this location.
Committee recommend that City Council concur in Alternative A, and take the following specific
actions:
Ao
KBK/JGR
Approve the changes set forth in IV (a) above and authorize City Manager to change the
ori.qinal intent regarding the purchase and removal of residential houses and relocation
of property owners at 1302, 1306 and 1312 Peidmont Street for the Roanoke River
Flood Reduction Proiect. Authorize the City Manager to contact the three property
owners (Tax No.'s 4040701,4040702, 4040703) regarding the voluntary sale of their
properties to allow removal or demolition of the three houses for the construction of the
proposed bench cut and recreational trail. If all three of the property owners are
agreeable to the voluntary sale of their properties, the City would purchase the three
properties and the three flood-prone houses would be removed by demolition or would
be allowed to be moved. The three property owners would be relocated and the City
would retain fee simple ownership of the cleared properties. If any of the three property
owners are not agreeable to the voluntary sale of their properties, none of the properties
would be purchased and the recreational trail would be relocated down onto the bench
cut. The purchase price of the three properties and the cost of relocation of the property
owners will be subject to approval by Council.
Attachment: Map
City Attorney
Just for the Fun of It (c/o Roland Macher), Property owner of 1302 Piedmont St.
Desmond and Joan K. Soden, Property owner of 1306 & 1312 Piedmont St.
H:\USER\ENGGJR\WRC\RRFRP4.WPD
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
October 11, 1999
File #2-107-178
Sandra H. Eakin
Deputy City Clerk
James D. Ritchie, Sr.
Acting City Manager
Roanoke, Virginia
Dear Mr. Ritchie:
I am attaching copy of Ordinance No. 34302-100499 authorizing acceptance of a donation and
conveyance of certain property identified by Roanoke City Tax No. 2022611, located on McDowell
Avenue, N. W., to the City from the Roanoke Redevelopment and Housing Authority for
construction of a new sign at the entranceway of Historic Gainsboro District, and authorizing
preparation of the appropriate documents. The abovereferenced measta-e was adopted by the Council
of the City of Roanoke on first reading on Monday, April 5, 1999, also adopted by the Council on
second reading on Monday, October 4, 1999, and will be in full force and effect ten days following
the date of its second reading.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:lo
Attachment
pc:
John P. Baker, Executive Director, City of Roanoke Redevelopment and Housing Authority,
2624 Salem Turnpike, N. W., Roanoke, Virginia 24017
Sonji Kratz, Homeownership Coordinator, City of Roanoke Redevelopment and Housing
Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017
Evelyn D. Bethel, 35 Patton Avenue, N. E., Roanoke, Virginia 24016
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
C:~VlyFiles\oct4 wpd. l.wpd
James D. Ritchie, Sr.
October 11, 1999
Page 2
pc~
Charles M. Huffine, City Engineer
Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget
Dolores C. Daniels, Assistant to the City Manager for Community Relations
Sarah E. Fitton, Engineering Coordinator
Robert K. Bengtson, Traffic Engineer
C:hMyFilcs\oct4.wpd. 1 .wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of October, 1999. ----
No. 34302-100499.
AN ORDINANCE authorizing the acceptance of a donation and conveyance of
certain property identified by Roanoke City Tax No. 2022611, located on McDowell
Avenue, N.W., to the City from the Roanoke Redevelopment and Housing Authority for the
construction of a new sign at the entranceway of Historic Gainsboro District, authorizing
· preparation of the appropriate documents, upon certain terms and conditions.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are authorized to execute and attest,
respectively, in form approved by the City Attorney, the necessary document to accept the
donation and conveyance of the fee simple interest of a 0.105-acre vacant lot, identified by
Roanoke City Tax No. 2022611, located on McDowell Avenue, N.W., from the Roanoke
Redevelopment and Housing Authority, upon certain terms and conditions, as more
particularly set forth in'the report of the Water Resources Committee dated April 5, 1999.
2. The City Attorney is authorized to procure title search settees and move
forward with preparation of closing documents related to this acquisition.
ATTEST:
City Clerk.
RECEIVED
CITY CLER!(,S OFFJC~
'99 SEP 28 A8:54
Office of the City Manager
October 4, 1999
The Honorable David A. Bowers
and Members of City Council
Roanoke, Virginia
Subject: Historic Gainsboro Signs
Dear Mayor and Members of Council:
You may recall that at the June 7th Council meeting, the ordinance authorizing
the acceptance of a donation and the conveyance of a parcel of land, located at the
intersection of Gainsboro Road and McDowell Avenue, to the City from the Roanoke
Redevelopment and Housing Authority for the construction of a new stone monument
sign at the entranceway of the Historic Gainsboro Neighborhood was tabled. This
item was tabled for further discussion with representatives of Historic Gainsboro
relative to the wording on the existing and proposed signs and its implications to the
community as well as to the Gainsboro residents.
City staff met with representatives of the and the Historic Gainsboro
Preservation District, Inc. and the Gainsboro Neighborhood Alliance. Those
discussions pertained to the difference in identifying a neighborhood area and the
designation of an historic district. The purpose of this third stone monument sign is to
replace an existing identification sign at the entranceway into the Gainsboro
neighborhood from Orange Avenue so that all the neighborhood identification signs
are uniform and complimentary to not only the area, but to the recent major projects
in the area as well. Signs are currently being prepared for installation to denote the
Gainsboro Historic District within the Gainsboro neighborhood.
Attached please find copies of letters from one of the neighborhood groups,
the YMCA Family Branch and the pastoral associate at Saint Andrews Catholic
Church supporting the installation of this last neighborhood identification sign. Please
also find attached a copy of the report previously submitted by the Water ResourCes
Committee endorsing the acceptance of the land from the Housing Authority for the
installation of this third and last identification sign.
Despite the fact that everyone in the Gainsboro neighborhood is not in
agreement with the installation of any of these identification signs, the installation of
this third and last sign would complete the delineation of the Gainsboro
neighborhood area to not only the residents and landowners of this part of the City,
but to the entire community as well.
Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1 t38
CityWeb:www. ci.roanoke.va.us
The Honorable David A. Bowers
and Members of City Council
October 4, 1999
Page 2
I am therefore, requesting that this matter be brought before council and that
the property from the Housing Authority be accepted by the city so that the third and
final sign can be installed.
Respectfully,
Ja s D Ritchie
Acting City Manager
JDR/d
Attachments
CC.'
Mary Parker, City Clerk
William Hackworth, City Attorney
Kit Kiser, Director of Utilities and Operations
Robert Bengtson, Acting Public Works Director
Dolores Daniels, Assistant to the City Manager for Community Relations
Helen Davis, Secretary, Historic Gainsboro Preservation District, Inc.
Evelyn Bethel, President, Historic Gainsboro Preservation District, Inc.
V. Lee Wolfe, President, Gainsboro Neighborhood Alliance
Philip M. Gallagher
Louis O. Brown, Branch Director, The YMCA of Roanoke Valley
Alphonzo L. Holland, Sr., Former Branch Board Member,
The YMCA of Roanoke Valley
June 11,1999
GAINSBORO NEIGHBORHOOD ALLIANCE
P. O. BOX 12728
ROANOKE, VA 24028
Mr. James D. Ritchie
City Manager Rm 364 Municipal South
215 Church Ave. S. W.
Roanoke, VA 24011
Dear Mr. Ritchie:
Gainsboro Neighborhood Alliance is pleased and grateful to accept the Historic
Gainsborq stone monument sign on Gainsbom Road at McDowell Avenue as a
gift from Roanoke City, per our original request to be consistent with the
beautiful e, xistmg signs on Wells Avenue.
The landscaping surrounding the Historic Gainsboro sign is in keeping with our
Valley Beautiful Project tobeautify the City of Roanoke entrances with native
specie trees, perennial and annual flowering beds. This will enhance the
Kiwanis of Roanoke project to beautify the Lower ,Level of Washington Park
which is presently in progress. This is perfect timing to celebrate the completion
of the new AIIq:)urpose Building at Roanoke Catholic School.
I am a Roanoke City fan, which is why I moved here to be active as a community
volunteer to help you to improve our Gainsboro community. I would like to share
with you the recently completed Zoning in Historic Gainsboro report from the
Department of Urban Affairs and Planning at Virginia Tech. Please contact me
for a Wednesday morning or afternoon appointment.
Sincerely,
~e
President
PHILIP M. GALLAGHER
429 South Oakwood Road
Troutville, Virginia 24175
August 25, 1999
Ms. Dolores Daniels
City Manager's Office
215 Church Street
Roanoke, Virginia 24011
Dear Ms. Daniels:
I am writing to express my support for the placement of the proposed new Gainsboro
historical marker/sign at the intersection of Gainsboro and McDowell. Although I am not
a resident of Gainsboro, I am the pastoral associate at St. Andrew's Catholic Church on
Jefferson Street, and an active member of the Gainsboro Neighborhood Alliance. I wish
to add my name to the majority who favor this move to beautify the neighborhood and to
bring greater focus and attention to Gainsboro's unique history.
Sincerely yours,
Philip M. Gallagher
The
YMCA
of
Roanoke
Valley
Family Center
Branch
108 Omnge Avenue, N.W.
Roanoke,Virginia 24016
(540) 344-9622
Fax (540) 982-3679
August 27, 1999
Mrs. Delores Daniels
Roanoke City Manager's Office
215 Church Ave. SW
Roanoke, VA 24011
Dear Mrs. Daniels,
The Y.M.C.A. Family Center Branch (formerly the William A. Hunton Y.M.C.A.) has
been in the I-Iistofie Gainesboro Area since 1928. We have worked through many changes and
the last change that we have seen is the beautiful Gainesboro Road connecting the 2~ Street
bridge to downtown Roanoke.
We also have seen the beautiful historical sign at 1't Baptist Church and at Hotel Roanoke
in which we think make a beautiful scene to the Gainesboro Area. The present sign at Gainesboro
and McDowell was established their when Gainesboro PAC was in operation. The sign we feel
has served its purpose and we will gladly endorse the erection of a new sign compatible to the two
signs above mentioned.
Requests has been made by the YMCA to the JOCO Foundation, owner of the property,
to improve and maimain the private parking area.
We are grateful to you for this neighborhood improvement.
L~o~s~O. Brown'~ Branch Director
Former Branch Board Member
YMCA MISSION
To put Christian principles into practice through prograzns that build a
healthy body, mind, and spirit for all.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC/AAE
City Clerk
June 14, 1999
Sandra H. Eakin
Deputy City Clerk
James D. Ritchie, Sr.
Acting City Manager
Roanoke, Virginia
Dear Mr. Ritchie:
Ordinance No. 34~02 authorizing acceptance of a donation and conveyance of certain property
identified by Roanoke City Tax No. 2022611, located on McDowell Avenue, N. W., to the City from
the Roanoke Redevelopment and Housing Authority for construction of a new sign at the
entranceway of Historic Gainsboro District, and authorizing preparation of appropriate doouments,
upon certain terms and conditions, was before the Council of the City of Roanoke for its second
reading on Monday, June 7, 1999.
On motion, duly seconded and unanimously adopted, action on Ordinance No. 34~02 was tabled
pending appropriate discussions with representatives of Historic Gainsboro.
Sincerely,
Mary F. e~k~er, CMC/A~AE
City Clerk
MFP:Io
pc:
Evelyn D. Bethel, 35 Patton Avenue, N. E., Roanoke, Virginia 24016
Sonji Kratz, Homeownership Coordinator, City of Roanoke Redevelopment and Housing
Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
Charles M. Huffine, City Engineer
Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget
Dolores C. Daniels, Assistant to the City Manager for Community Relations
Sarah E. Fitton, Engineering Coordinator
Robert K. Bengtson, Traffic Engineer
HAAGENDA99~UN7.WPD
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
April 8, 1999
File #2-178-468
Sandra H. Eakin
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
A report of the Water Resources Committee recommending acceptance of a donation and
conveyance of certain property located on McDowell Avenue, N. W., to the City from the Roanoke
Redevelopment and Housing Authority for construction of a new sign at the entranceway of the
Historic Gainsboro District, was before the Council of the City of Roanoke at a regular meeting
which was held on Monday, April 5, 1999.
On motion, duly seconded and adopted, action on the matter was tabled pending a report from the
City Manager with regard to high priority spending needs in the Gainsboro area.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:lo
pc:
Sonji Kratz, Homeownership Coordinator, City of Roanoke Redevelopment and Housing
Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017
James D. Gfisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
Charles M. Huffine, City Engineer
Diane S. Akers, Budget Administrator, Office of Management and Budget
Dolores C. Daniels, Assistant to the City Manager for Community Relations
Sarah E. Fitton, Engineering Coordinator
Robert K. Bengtson, Traffic Engineer
H:XAGENDA99XAPR.5.WPD
Report No. 99-326
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
DATE:
TO:
FROM:
SUBJECT:
March 15, 1999
~embers, yVater Resources Committee
~ ~; Dir~cXotr\ Utilities and Operations thru
W. Robert He[.~~ Manager
PROPERTY RIGHTS ACQUISITION
0.105 ACRE LOT - MCDOWELL AVENUE, NW
Background in chronological order is as follows:
The recent completion of the Second Street Bridge/Gainsboro Road
project has opened up a new "entranceway" from Orange Avenue into the
downtown area.
This route brings people through the historic Gainsboro area of the City,
which is identified by large brick signs located at the corner of Gainsboro
Road/Wells Avenue and at the corner of Wells Avenue/Commonwealth
Avenue.
A third sign, located at the corner of Gainsboro Road/McDowell Avenue,
NW, is smaller and constructed of wood, which is not consistent with the
new signs.
II.
Current Situation is as follows:
A new sign to replace the smaller wooden sign needs to be constructed
to esthetically complete the project.
Roanoke Redevelopment and Housing Authority (RRHA), by Resolution
No. 3100, has offered to donate to the City the property on which the third
sign is located, so that it can be replaced with a sign similar to the ones
constructed as part of the Second Street/Gainsboro Road Project.
Water Resources Committee
PROPERTY RIGHTS ACQUISITION
0.105 ACRE LOT - MCDOWELL AVENUE, NW
March 15, 1999
Page 2
Authorization is needed to move forward with procurement of title work,
document preparation, and closings related to the fee simple acquisition
of the property, identified as Tax Map No. 2022611.
III.
Issues in order of importance are:
A. Need
B. Timing
C. Cost to City
D. Benefit to City
IV.
Alternatives in order of feasibility are:
Water Resources Committee recommends that City Council authorize the
City Manager to take appropriate action in order to accomplish the fee
simple acquisition of the property as shown on Attachment A, in a form
acceptable to the City Attorney.
1. Need for the property is met.
2. Timing to allow acquisition of property as soon as possible is met.
Cost to City will be the cost of constructing the neighborhood sign
plus minimal annual maintenance of landscaping and mowing. The
City would also incur expenses for title work, document preparation
and recordation, estimated to be $300. The Iow bid for construction
of the sign is $39,800. Funds are available in Gainsboro Road
Capital Improvements Account #008-052-9547.
Benefit to City will be the enhancement of the area resulting from the
provision of a sign similar in character to the other existing signs in
the area.
Water Resources Committee
PROPERTY RIGHTS ACQUISITION
0.105 ACRE LOT - MCDOWELL AVENUE, NW
March 15, 1999
Page 3
Water Resources Committee does not recommend that City Council
authorize the City Manager to take appropriate action in order to
accomplish the fee simple acquisition of the property as shown on
Attachment A, in a form acceptable to the City Attorney.
1. Need for the property is not met.
Timing to allow acquisition of property as soon as possible is not
met.
3. Cost to City will be zero.
4. Benefit to City will be zero.
Water Resources Committee recommends that City Council authorize the City
Manager to take appropriate action in order to accomplish the fee simple
acquisition of the property identified by Tax No. 2022611, in a form acceptable
to the City Attorney, in accordance with Alternative "A".
WRH/KBK/SEF
Attachments
CC~
City Attorney
Director of Finance
Director of Public Works
Director of Utilities and Operations
Budget Administrator
Traffic Engineer
Assistant to City Manager for Community Relations
City Engineer
Engineering Coordinator
Homeownership Coordinator, RRHA
AND HOUSING
AUTHORITY
Partners in Progress
Developtmmt_ Division
January 28, 1999
John Bowman, Real Estate Acquisition Specialist
Engineering Department
City of Roanoke
215 Church Ave., SW, Room 350
Roanoke, VA 24011
RE: Lot 3B, Block 2 Section 7 Map of Gainsboro Community Development Program
Dear Mr. Bowman:
This letter is in response to your request for a written confu'mation firom RRHA regarding the
donation of a lot in the 200 block of McDowell Avenue, NW to the City for construction of a
neighborhood sign.
RRHA intends to donate this lot to the City of Roanoke for construction of a neighborhood sign.
Attached is a copy of a Board Resolution approved on January 11, 1999 authorizing conveyance
of this property to the City.
Please continue to work with Sonji Kratz, Homeownership Coordinator on implementation of the
above referenced transfer.
Thank you in advance for your assistance.
Sincerely,
~'~ut'i~e~~7~%
cc: Fred A. Johnson, II
/slk
P.O. Box 6359 · R,,um,ke. Virginia 24017-0359
2624 Salem Ttt rnptke..¥. W. · Roanoke. Virginia 24017-5334
Telephone (540) 983-9281 · TDD t540) 983.9217 · Fax (540) 983-9229
CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY
RESOLUTION NO. 3100
Meeting Date January_ 11, 1999
Agenda Item 3
RESOLUTION OF THE CITY OF ROANOKE REDEVELOPMENT AND HOUSING
AUTHORITY AUTHORIZING THE EXECUTION OF A DEED OF CONVEYANCE
INSTRUMENT RELATIVE TO THE DONATION OF PROPERTY TO THE CITY OF
ROANOKE FOR THE CONSTRUCTION OF .4, SIGN LOCATED IN THE
GAINSBORO COMMUNITY DEVELOPMENT PROGRAM.
WHEREAS, the City of Roanoke Redevelopment and Housing Authority (the
"Authority") has property available in the Gainsboro Community Development Project Area, (the
"Project"); and
WHEREAS, the City of Roanoke has indicated a desire to locate a neighborhood sign in
the Project Area; and
WHEREAS, RRHA will be donating Lot 3-B, containing 0.105 acres (the "Property") to
the City of Roanoke; and
WHEREAS, the City is planning to construct a neighborhood sign on said Property; and
WHEREAS, RRHA desires to donate said Property to the City.
NOW, THEREFORE BE IT RESOLVED, by the Commissioners of the City of' Roanoke
Redevelopment and Housing Authority that:
(l)
The Executive Director be and hereby is authorized to execute any necessary
documents relevant to the donation of the Property to the City,
(2)
The Chairman or Vice Chairman and Secretary - Treasurer, or Assistant Secretary-
Treasurer be and hereby are authorized to execute a Deed of Conveyance
Instrument transferring the Property to the City of Roanoke,
EXPLANATION; The City of Roanoke Redevelopment and Housing Authority (RRIt A~ has
held and maintained the property identified as Lot 3 located in the Gainsboro Community
Development Project Area. RRHA has subdivided this property into Lots 3-A and 3-B RRttA ~s
desirous of donating the Lot 3-B to the City. The City will be constructing a neighborhood s,~n
and continue with long term maintenance of the Property. Lot 3-A is a buildable lot and v, dl be
held for sale through the Affordable Housing Program.
The staff of the Authority recommends that the Commissioners of the City of Roanoke
Redevelopment and Housing Authority authorize the donation of this Property and a Deed of
Conveyance Instrument relative to the donation of property in the Gainsboro Community
Development Project Area to the City of Roanoke.
by Fred, A. Johnson'. lI3n~'~--' Date
Recommended .
Approved by ~~ff/~~ / Date
' COMMISSIONERS ACTION
Approved Disapproved
1/7/99
i I
Remarks:
'1 ?~ 74c.
O, 74.~ Ac.
-~ ',.._
Ac.
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 I- 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
October 11, 1999
File #51'4
John Christodoulides, Director, Project Management
Carilion Health System Facility Services
1212 Third Street, S. W.
Roanoke, Virginia 24016
Dear Mr. Christodoulides:
I am enclosing copy of Ordinance No. 34490-100499 permanently vacating, discontinuing and
closing a portion of Highland Avenue, S. E., extending from Jefferson Street to a terminal point at
the westerly line of Official Tax No. 4021501. The abovereferenced measure was adopted by the
Council of the City of Roanoke on first reading on Monday, September 20, 1999, also adopted by
the Council on second reading on Monday, October 4, 1999, and will be in full force and effect ten
days following the date of its second reading.
Mary F. Parker, CMC/AAE
City Clerk
MFP:lo
Enclosure
pc~
Evelyn S. Lander, Chief, Planning and Community Development
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Acting Building Commissioner
Charles M. Huffine, City Engineer
Steven J. Talevi, Assistant City Attorney
J. Thomas Tasselli, Development Review Coordinator
Ted Tucker, City Planner
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of October, 1999..
No. 34490-100499.
AN ORDINANCE permanently vacating, discontinuing and closing certain public
right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter.
WHEREAS, carilion Medical Center filed an application to the Council of the City
of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate,
discontinue and close the public right-of-way described hereinafter; and
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after
having conducted a public hearing on the matter, has made its recommendation to Council;
and
WHEREAS, a public hearing was held on said application by the City Council on
September 20, 1999, 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 0.053-acre, more or less, portion of Highland Avenue, S.E., that
extends from Jefferson Street to a terminal point at the westerly property line
of Official Tax No. 4021501,
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 oftbe 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 n~ins, television cable, electric wires,
gas lines, telephone lines, and related facilities that may now be located in or acroSs said
public right-of-waY, together with the right of ingress and egress for the maintenance or
replacement of such lines, mains or utilities, such right to inClude the right to remove,
without the payment of compensation or damages of any kind to the owner, any landscaping,
fences, shrubbery, structure or any other encroachments on or over the easement which
impede access for maintenance or replacement purposes at the time such work is undertaken;
2
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 ORD~ 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 recordati°n.
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 six (6) 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.
it~0RD-CLOSW. ARILION-lllGI-ILAND
4
'~,l,~l, ,II, m~ ~ I~ECEI~ED
CITY CLERK':S OFFICE
Roanoke City Department of Planning
and Community Development
Room 166, Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
(540) 853-2344 (Fax) 853-1230
September 20, 1999
The Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject:
Application from Carillon Medical Center, to close and permanently vacate
a 0.053 acre portion of Highland Avenue S.E., as more particularly described
in the applicant's petition by a metes and bounds survey.
I. Background:
II.
Aa
Section of Highland Avenue S.E., as requested for closure, extends along the rear of
the Carillon Communi _ty Hospital property_, Street section originally extended from
Jefferson Street to Williamson Road, S.E. A 155' length of the mid-section of this
street was closed and vacated some years ago (see attached map A ).
Application proposes to vacate an area of that section of Highland Avenue that
extends from Jefferson Street to a terminal point at the westerly property line of tax
parcel no. 4021501. Applicant proposes to close and vacate an area that is
approximately 50' in width, and 50' in length, at the easterly end of the street.
Co
City has closed and vacated a number of streets and alleys in this immediate area
over a span of the last 20 to 25 years.
Do
Section of Highland Avenue that extends in an easterly direction to an intersection
with Williamson Road S.E., is situated on very steep and sloping terrain. Any future
possibility of the City opening and developing this section of Highland Avenue for
public use would seem unlikely and remote.
Current Situation:
Carillon Medical Center has also submitted an application to the City to rezone all
of its adjacent properties from C-1, Office District, to C-3, Central Business District.
B. Applicant has submitted a conceptual plan that proposes the construction of a new
Roanoke City Planning Commission Architectural Review Board . Board of Zoning Appeals
Members of Council
Page 2
III.
Issues:
medical office building that will be located on the southerly side of the area of
Highland Avenue that is proposed for closure and vacation (see attached concept
plan).
IV.
Medical office building as currently proposed will encroach into the public right-of-
way of Highland Avenue S.E. ( see attached map A, "encroachment").
Planning Commission public hearing was held on September 1, 1999. There was no
one in attendance at the public hearing who spoke in opposition to the closure.
A. Neighborhood impact.
B. Traffic impact.
C. Utilities within the public right-of-way.
D. Creation of a dead end.street.
E. Land use:
F. Relationship to the Comprehensive Plan:
Alternatives:
Approve the applicant's request to close and vacate a 0.053 acre portion of Highland
Avenue S.E., as described by survey in the applicant's petition, subject to certain
conditions as outlined in part V of this report.
1. Neighborhood impact:
(a) Street section requested for closure dead ends into the applicant's
private access lanes and parking lots.
(b) Closure and vacation will have no adverse effect on the adjacent
neighborhood.
2. Traffic impact: Closure and vacation will have no effect on traffic or traffic
needs in the area.
3. Utilities within the public right-of-way:
(a) City has a water main in the area of closure.
Members of Council
Page 3
(b) American Electric Power Co., has facilities in the area of closure.
(c) Roanoke Gas Co., has a facility in the area of closure.
4. Creation of a dead end street:
(a) This section of Highland Avenue S.E., is an existing dead-end street.
Closure and vacation of this small additional section will merely
shorten the length of the street.
(b) Proposed new terminus of this section of Highland Avenue will lead
into private access ways and parking areas. The general public will
have ample maneuvering areas for turn-around movements.
5. Land use:
(a) Closure and vacation of the described section of street right-of-way
will create a small sub-standard parcel of land. Vacated area should
be combined with adjacent properties.
(b) Subdivision plat should be required to combine tax parcels 4021501,
4021502 and 4021409, to avoid landlocking of individual lots.
6. Relationship to the Comprehensive Plan: Request is consistent with the
intent of the comprehensive plan that available land should be used in the
most appropriate manner.
Deny the applicant's request to close and vacate the described section of Highland
Avenue S.E.
1. Neighborhood impact would not be an issue.
2. Traffic impact would not be an issue.
3. Utilities within the public right-of-way would not be an issue.
4. Creation of a dead end street: This section of Highland Avenue is a dead end
street. Street will remain as a dead end street.
5. Land use: Land will not be utilized for the construction of a new medical
office building.
6. Relationship to the Comprehensive Plan would not be an issue.
Bo
Members of Council
Page 4
V. Recommendation:
Planning Commission, by a vote of 4-0-1 (Messrs. Butler and Hill absent and Mr. Manetta
abstaining) recommends that City Council approve Alternative A, thereby approving the
applicant's request to close and permanently vacate a 0.053 acre portion of Highland Avenue
S.E., as described by survey in the applicant's petition, subject to the following conditions:
The applicant shall submit to the Agent for the Planning Commission, 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.
Bo
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 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.
Co
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, in said Clerk's Office,
file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt,
demonstrating that such recordation has occurred.
If the above conditions have not been met within a period of six 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.
Respectfully submitted,
Barbara N. Duerk, Chairman
Roanoke City Planning Commission
ERT:mpf
attachments
cc: Assistant City Attorney
Petitioner
IN THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE: )
) APPLICATION FOR VACATING,
Application of CARILLON MEDICAL CENTER ) DISCONTINUING AND CLOSING
for vacation of a portion of Highland ) OF A STREET
Ave. S.E.
MEMBERS OF COUNCIL:
CARILLON MEDICAL CENTER, by its agent, applies to have a portion of Highland Ave.
S.E., in the City of Roanoke, Virginia, permanently vacated, discontinued and closed,
pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the city of
Roanoke (1979), as amended. This portion of Highland Ave. S.E. is more particularly
described on the map attached and as follows:
That certain tract or parcel of land, containing 0.053 acres more of less, being that
portion of Highland Avenue to be closed and vacated and being more particularly
bounded and described as follows:
BEGINNING at a point situated at the southeast corner of the easternmost
extension of the first block of Highland Avenue, S.E. and on the northern line of
Roanoke City Tax Parcel 4021501; thence, with the southern right-of-way line of
Highland Avenue and Tax Parcel 4021501 North 88058'38.. East, passing the
common corner of Tax Parcels 4021501 and 4021409 at 24.34', a total distance of
44.00' to a point on the north line of Tax Parcel 4021409; thence, leaving Tax Parcel
4021409, a new line crossing the existing Highland Avenue right-of-way, North
01°01'22" East, 50.00' to a point on the northern right-of-way line of Highland
Avenue; thence, with the same, South 88°58'38" East, 49.05' to a point at the
northeast corner of the eastern extension of Highland Avenue; thence, with the end
of the existing Highland Avenue right-of-way, South 06 °47'13" East, 50.25' to the
BEGINNING.
CARILLON MEDICAL CENTER states that the grounds for this application are as follows:
1. All landowners whose property adjoins the property to be vacated have been
notified and are in agreement with this Application.
2. The property to be vacated is presently being used as a street being used
exclusively to access the applicants property.
3. The applicant desires to use the property to be vacated as a continuation of an
existing driveway and as a small portion of a building site for a new medical office
building, allowing the applicant to move the foundation of said building away from
a steep embankment.
WHEREFORE, CARILLON MEDICAL CENTER respectfully requests that the above
described portion of Highland Ave. S.E., be vacated by the council of the city of Roanoke,
Virginia, in accordance with Virginia code Section 15.1-364, Code of the City of Roanoke
(1979), as amended.
Respectfully submitted,
John Christodoulides
Carilion Medical Center
Facility Services
Director Project Management
(540 981 8834)
EXHIBIT A
COMMUNI I r IIOSIVlTAL OF ROANOKE VALLEY
,0
LO! ^
4020101
Street
C-I
:L..8
)815
requested for closure o~
.., C H. ,~ .... 5.
ent are~
PARCEL C
4020801
2.597 Ac.
4020814
0.87 +- Ac. '
EXHIBT B
CAII~,II..ION HI~HL. ANI:~
alitm
Concept
plan
~o
15 1021Bt5
OA??AC
2.
3.
4.
5.
6.
7.
8.
9.
Numerical listing for
properties requ,ested
for rezoning ~
4020101 .... C-1
4020701 .... C-1
4020801 .... C-I
4021408 .... C-1
4021409 .... C-1
4020815 .... C-I
4021501 .... C-1 I~
4021502 .... C-11 ~l~
4020814 .... LM
3,420 Ac.
treet section re(
LM
..... .:EL
PAIK~EL
,0
2.080 Ac.
ALBE
Properties requested for rezoning are shown in red
6fencroachment
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2.541
Fax: (540) 853-1145
September 7, 1999
File #514
SANDRA H. EAKIN
Deputy City Clerk
John Christodoulides, Director, Project Management
Carilion Health System Facility Services
1212 Third Street, S. W.
Roanoke, Virginia 24016
Dear Mr. Christodoulides:
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, September 20, 1999, at 7:00
p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth
floor, Municipal Building, 215 Church Avenue, S. W., on the request of Carilion Medical Center
that a 0.43 acre portion of Highland Avenue, S. E., extending fi:om Jefferson Street to a terminal
point at the westerly line of Official Tax No. 4021501, 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 with regard to the matter. 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 Community Development at 853-2344.
It will be necessary for you, or your representative, to be present at the September 20 public
hearing. Failure to appear coUld result in a deferral of the matter until a later date.
Sincerely,
City Clerk
CMC/AAE
MFP:lo
Enclosure
Ad Number: 1239063
Publisher's Fee: $136.04
CARILION MEDICAL CENTER
FACILITY SERVICES
435 MCCLANAHAN STREET
ROANOKE, VA 24014
The Roanoke Times
STATE of VIRGINIA
CITY of ROANOKE
AFFIDAVIT of PUBLICATION
I, (the undersigned) an authorized
representative of the Times-World Cor-
poration, which corporation is publisher
of The Roanoke Times, a daily newspaper
published in Roanoke, in the State of
Virginia, do certify that the annexed
notice was published in said newspapers
on the following dates:
09/02/99 FULL RUN - Thursday
09/09/99 FULL RUN - Thursday
Witness, this 13th day of September 1999
Au t h o-ri z e~ Signature
~ NOTICE OF PUBUC HEARING
t TO WHOM IT MAY CONCERN:
tThe Council of the C~y of'
.~.oanoke Mil hold a Public
~Hearlng on Monday, September
~20, 1999, at 7:00 p.n~., or as
tomy INi heard, in the Counci
~Charnber in the Municipal
· ulldlng, 215 Church Avanue,
~S.W., o~ an aPplication to per-
mmneofly abandon, vacate, dis-
· continue and close, to the
~extont the City has any legal
~nterant In ~M Public right-of.
. ~way, the following public
r less, Ixxflon of Ht~Nand
t. ~nue, S.E., that extands ~orn
~uerremon Street to a terminal
dine of Official Tax No.
~*021501.
_OfAbleeeCOpy*of this proposal is avail.
7156 Munl~ Building. All par-
~ias in Ihtm~at may appear on
~lvan umJer my hand this 2nd
Uay of September, 1999
~Mmy F. Parker, City Cierk
~1239063)
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public Heating on Monday,
September 20, 1999, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the
Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on an application
to permanently abandon, vacate, discontinue and close, to the extent the City has any legal
interest in said public tight-of-way, the following public tight-of-way:
That certain 0.053-acre, more or less, portion of Highland Avenue, S.E., that
extends from Jefferson Street to a terminal point at the westerly property line
of Official Tax No. 4021501.
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 2nd day of September , 19__9_9
Mary F. Parker, City Clerk.
H:\NOTICE~q-SAC-CARILION-MED-CENTER
RECEIVED
CITY CLERKS OFFICE
NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING
COMMISSION '9~ ~ 10 P,4:00
TO WHOM IT MAY CONCERN:
The Roanoke City Planning Commission will hold a public hearing on Wednesday,
September 1, 1999, 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber,
fourth floor, Municipal Building, 215 Church Avenue, S.W. on the following:
Request from the Carilion Medical Center that the southeast comer of the easternmost
extension of the first block of Highland Avenue, S.E., adjacent to Official Tax Nos.
4021501,4021409, 4020815 and 4020801 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 print in newspaper on Tuesday, August 17, 1999 and August 24, 1999
Please bill:
John Christodoulides
Carilion Medical Center, Facility Services
435 McClanahan Street
Roanoke, VA 24014
(540) 981-8834
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)
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
August 16, 1999
File #514
SANDRA H. EAKIN
Deputy City Clerk
Barbara N. Duerk, Chair
City Planning Commission
2607 Rosalind Avenue, S. VV.
Roanoke, Virginia 24014
Dear Ms. Duerk:
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 5, 1999, from Carilion Medical
Center, requesting that a portion of Highland Avenue, S. E., be permanently vacated,
discontinued and closed.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
pc:
The Honorable Mayor and Members of the Roanoke City Council
John Christodoulides, Director, Project Management, Carilion Health System Facility
Services, 1212 Third Street, S. VV., Roanoke, Virginia 24016
Evelyn S. Lander, Chief, Planning and Community Development
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Acting Building Commissioner
Steven J. Talevi, Assistant City Attorney
J. Thomas Tasselli, Development Review Coordinator
Ted Tucker, City Planner
H:\STREET98~CARILIONWPD
IN THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE: )
)
Application of CARILLON MEDICAL CENTER )
for vacation of a portion of Highland )
Ave. S.E.
APPLICATION FOR VACATING,
DISCONTINUING AND CLOSING
OF A STREET
MEMBERS OF COUNCIL:
CARILLON MEDICAL CENTER, by its agent, applies to have a portion of Highland Ave.
S.E., in the City of Roanoke, Virginia, permanently vacated, discontinued and closed,
pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the city of
Roanoke (1979), as amended. This portion of Highland Ave. S.E. is more particularly
described on the map attached and as follows:
That certain tract or parcel of land, containing 0.053 acres more of less, being that
portion of Highland Avenue to be closed and vacated and being more particularly
bounded and described as follows:
BEGINNING at a point situated at the southeast corner of the easternmost
extension of the first block of Highland Avenue, S.E. and on the northern line of
Roanoke City Tax Parcel 4021501; thence, with the southern right-of-way line of
Highland Avenue and Tax Parcel 4021501 North 88058'38.. East, passing the
common corner of Tax Parcels 4021501 and 4021409 at 24.34', a total distance of
44.00' to a point on the north line of Tax Parcel 4021409; thence, leaving Tax Parcel
4021409, a new line crossing the existing Highland Avenue right-of-way, North
01°01'22" East, 50.00' to a point on the northern right-of-way line of Highland
Avenue; thence, with the same, South 88058'38.. East, 49.05' to a point at the
northeast corner of the eastern extension of Highland Avenue; thence, with the end
of the existing Highland Avenue right-of-way, South 06°47'13" East, 50.25' to the
BEGINNING.
CARILLON MEDICAL CENTER states that the grounds for this application are as follows:
1. All landowners whose property adjoins the property to be vacated have been
notified and are in agreement with this Application.
2. The property to be vacated is presently being used as a street being used
exclusively to access the applicants property.
The applicant desires to use the property to be vacated as a continuation of an
existing driveway and as a small portion of a building site for a new medical office
building, allowing the applicant to move the foundation of said building away from
a steep embankment.
WHEREFORE, CARILLON MEDICAL CENTER respectfully requests that the above
described portion of Highland Ave. S.E., be vacated by the council of the city of Roanoke,
Virginia, in accordance with Virginia code Section 15.1-364, Code of the City of Roanoke
(1979), as amended.
Respectfully submitted,
John Christodoulides
Carilion Medical Center
Facility Services
Director Project Management
(540 981 8834)
COMMUNI ~ ~ tlOSPITAL OF ROANOKE VALLEY
ON ¢)F STREET CLL~SFD
F**..a ':."-- !~
--¥D'=--t'l I o 6 s
.... 1 I
~?'[~:I... ~ I :
I
PARCEL B ~ j PARCFL C
4020815 ~ i ! 402080l
0.900 Ac. ~l~ [ 2 59~ Ac
aO0 28
12
0.87 +- Ac.
184.0t
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853,2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
October 11, 1999
File #51
John Christodoulides, Director, Project Management
Carilion Health System Facility Services
1212 Third Street, S. W.
Roanoke, Virginia 24016
Dear Mr. Christodoulides:
I am enclosing copy of Ordinance No. 34491-100499 rezoning a certain 14.787-acre, more or less,
parcel of land located south of Elm Avenue, S. W., between Jefferson Street and Williamson Road,
identified as Official Tax Nos. 4020101,4020701,4020801,4021408,4021409, 4020815,4021501
and 4021502, from C-l, Office District, to C-3, Central Business District; and Official Tax No.
4020814 from LM, Light Manufacturing District, to C-3, Central Business District, with Official Tax
No. 4020101 being subject to proffered conditions set out in a petition filed in the City Clerk's
Office on August 5, 1999. The abovereferenced measure was adopted by the Council of the City of
Roanoke on first reading on Monday, September 20, 1999, also adopted by the Council on second
reading on Monday, October 4, 1999, and will be in full force and effect ten days following the date
of its second reading.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:lo
Enclosure
pc:
Communicorp, 1030 S. Jefferson Street, Roanoke, Virginia 24011
F & F Associates, c/o Mr. Robert Kosnoski, 870 N. Sandbranch Road, Mt. HoPe, West
Virginia 25880
Mr. Douglas Meredith and Mr. Richard C. White, 102 Albemarle Avenue, S. E., Roanoke,
Virginia 24013
C:hMyFilm~:t4.wpd. I .wlxl
John Christodoulides
October 11, 1999
Page 3
pc:
Mr. Lewis D. Brown, et als, c/o Ms. Sallie Garst, 1253 Gardner Lane, Montvale, Virginia
24122
Norfolk and Southern Railway, 110 Franklin Road, S. E., Roanoke, Virginia 24011
Roanoke Redevelopment and Housing Authority, P. O. Box 6359, Roanoke, Virginia 24017
St. John's Episcopal Church, P. O. Box 257, Roanoke, Virginia 24002
Carlton Terrace Apartments, Inc., P. O. Box 12946, Roanoke, Virginia 24029
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Acting Building Commissioner
Charles M. Huffine, City Engineer
Steven J. Talevi, Assistant City Attorney
J. Thomas Tasselli, Development Review Coordinator
Ted Tucker, City Planner
C:kMyFil~k~4.w'pd. I .Wl~
INTHE COUNCIL OF THE CITYOF ROANOKE, VIRgiNIA,
The 4th day of October, 1999.
No. 34491-100499.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 402, Sectional 1976 Zone Map, City of Roanoke, to rezone certain
property within the City, subject to certain conditions proffered by the applicant.
WHEREAS, Carilion Medical Center has made application to the Council of the City
of Roanoke to have the hereinai~er described property rezoned from C- 1, Office District, and
LM- Light Manufacturing District, to C-3, Central Business District, subject to certain
conditions proffered by the applicant; and
WHEREAS, the City Planning Commission, which aRer giving proper notice to all
concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, b. nd
aider conducting a public hearing on the matter, has made its recommendation to COUncil;
and
WHEREAS, a plzbli¢ hearing was held by City Council on said application at its
meeting on September 20, 1999, aRer due and timely notice thereof as required by §36.1-
693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest
and citizens were given an opportunity to be heard, both for and against the proposed
rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to the Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that
the hereinafter described property should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1-
3, Code of the City of Roanoke (1979), as amended, and Sheet No. 402 of the Sectional 1976
Zone Map, City of Roanoke, be amended in the following particular and no other: That
certain 14.787-acre, more or less, comprised of eight (8) parcels of land, located south of Elm
Avenue, S.W., between Jefferson Street and Williamson Road, and designated on Sheet No.
402' of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 4020101,
4020701, 4020801, 4021408, 4021409, 4020815, 4021501, 4021502 and 4020814 be, and
are hereby rezoned from C-l, Commercial District, and LM, Light Manufacturing District,
to C-3, Central Business District, with Official Tax No. 4020101 being rezoned subject to
the proffered conditions set out in the Petition filed in the Office of the City Clerk On August
5, 1999, and that Sheet No. 402 of the Zone Map be changed in this respect.
ATTEST:
City Clerk.
H:~ORD-~Z~O-It~Z-CAR~LION-BLM-~i~.99
Handout
21 Highland Avenue
Submitted by Old Southwest Inc.
Bruce Cusic
Approx. size of land space house sits on
Size of parking lots owned by Carillion
has directly across the street from 21
Highland
9 x 17 feet parking space total square footage
Lots that will be gained by destroying 21
Highland
3,000 square feet
9 x 17 feet
153 square feet
19.6 lots
Calculations:
3000 square feet divided by 153 square feet = 19.6 lots
Is it worth destroying our history for 19 parking
spaces?
RECEIVED
CITY CLER)~'"--. Or
Roanoke City Department of Planning
and Community Development
Room 166, Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
(540) 853-2344 (Fax) 853-1230
September 20, 1999
The Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject:
Request from Carilion Medical Center to rezone 14.787 acres, more or less,
located south of Elm Avenue S.W., between Jefferson Street and Williamson
Road, and identified as Official Tax Nos. 4020101, 4020701, 4020801,
4021408, 4021409, 4020815, 4021501 and 4021502, from C-l, Office
District, to C-3 Central Business District, and to rezone Official Tax No.
4020814, fi.om LM, Light Manufacturing District to C-3 Central Business
District, with Official Tax Parcel No. 4020101 being subject to a condition
proffered by the applicant.
I. Background:
Ao
Hospital property ( tax parcel 4020101 ) fronts on a section of the public street, Elm
Avenue S.E. Property frontage extends fi.om the westerly intersection of Elm
Avenue and Jefferson Street, to the easterly intersection of Elm Avenue and
Williamson Road (see attached Map A).
Bo
Section of Elm Avenue S.E..,that extends between Jefferson Avenue and Williamson
Road is the southernmost boundary of the C-3, Central Business District.
Co
Properties as requested for rezoning (with the exception of tax parcel no. 4020814)
are all currently zoned C-1,Office District. Tax parcel no. 4020814 is currently zoned
LM, Light Manufacturing District.
Do
Hospitals are not listed in the C-l, Office District regulations as being permitted
(outright) as principal uses. Hospitals may be permitted in the C-l, Office District,
but only by special exception, if granted by the Board of Zoning Appeals. Hospital
uses are, however, listed as permitted principal uses in the C-3, Central Business
District.
Carilion Roanoke Community Hospital and related medical offices occupy a
considerable portion of the land proposed for rezoning. In recent years the owners
have been acquiring adjacent properties on the southerly side of both the existing and
Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals
Members of Council
Page 2
the vacated portions of Highland Avenue, in order to provide for future growth and
expansion needs.
Planning staff considered and recommended that the subject hospital properties be
rezoned to C-3, Central Business District some years ago, during the construction
phase for the hospital parking garage.
II Current Situation:
Ao
Bo
Do
Eo
III. Issues:
Ao
Applicant is currently proposing to undertake a new expansion of the
hospital/medical complex, which will in part, be located on the southerly side of a
portion of the public street, Highland Avenue S.E.
Property_ on the easterly side (facing Williamson Road) is steep and sloping terrain.
Maximum use of the land cannot be achieved if the applicant is required to comply
with C-l, Office District setback regulations.
-Portion of the new medical building as proposed will encroach into the adjacent
public right-of-way of Highland Avenue. In conjunction with the application to
rezone this property, the applicant has also filed an application to close and vacate
a small portion of Highland Avenue to avoid this encroachment.
Applicant has agreed to adhere to the C-l, Office District, building setback at Elm
Avenue and Jefferson Street for tax parcel no. 4020101 and has proffered the
following condition:
"For only the lot 4020101, (the lot upon which the hospital proper is situated); a
thirty foot (30') building set back on the Elm Avenue side and a fifteen foot (15')
building set back on the Jefferson Street side."
Planning Commission public heating was held on September 1, 1999. Mrs. Duerk
expressed concerns about razing an existing large, older former residence on the
property for parking. There was considerable discussion among the Commission
members and the applicant about the structure and the applicant detailed the efforts
over the last 18 months to relocate the building. Ted Tucker, City Planner, advised
the Commission that Mrs. Joel Richert had contacted him prior to the Commission
meeting, requesting that the applicant preserve the structure. There was no one
present to speak in opposition to the rezoning request.
Need and justification for rezoning.
B. Effect on surrounding properties.
Members of Council
Page 3
C. Land use.
D. Relationship to the Comprehensive Plan.
IV. Alternatives:
Ao
Approve the applicant's request to rezone the described 14.787 acres, more or less,
inclusive of Official Tax Nos. 4020101, 4020701, 4020801, 4021408, 4021409,
4020815,4021501 and 4021502, from C- 1, Office District, to C-3, Central Business
District, and to rezone Official Tax no. 4020814, from LM, Light Manufacturing, to
C-3, Central Business District, with tax no. 4020101, being subject to a condition
proffered by the applicant.
1. Need and justification for the rezoning:
(a)
Hospital use under the current' C-l, Office District zoning
classification is permitted only by special exception, if granted by the
Board of Zoning Appeals (BZA).
(b)
Staffin researching existing BZA records has been unable to find any
record of a special exception being granted by the BZA, for the
subject hospital use or the subsequently constructed parking garage.
(c)
C-3, Central Business District, is the only zoning district that permits
hospital uses as permitted (outright) principal uses.
2. Effect on surrounding properties:
(a)
All uses on the subject properties are permitted uses in the C-3,
Central Business District.
(b)
Proffered condition on building setbacks applies only to tax parcel
4020101, which is the land upon which the hospital proper is situated.
(c) Rezoning should have no adverse effect on any adjacent or
surrounding properties.
3. Land use:
(a)
Rezoning will place the hospital and parking garage uses under the
appropriate and proper zoning district classification.
Members of Council
Page 4
(b)
Future building and land development on the subject properties will
not be restricted by minimum building line setbacks (with the
exception of tax parcel 4020101 as per the applicant's proffer).
(c)
Comprehensive development plan will be required for the proposed
new building expansion. Required plan will address all other zoning
and land development requirements, including:
(1) Drainage (storm water management).
(2) Erosion and sediment control.
(3) Public improvements (easements, utilities, etc.).
Relationship to the Comprehensive plan: Request is consistent with the
intent of the comprehensive plan that available land should be used in the
appropriate manner.
C. Deny the applicant's request to rezone the described properties.
1. Need and justification for the rezoning will not be met.
2. Effect on surrounding properties will not be an issue.
3. Land use will not be an issue.
Relationship to the Comprehensive Plan. Intent of the Comprehensive Plan
will not be followed.
V. Recommendation:
By a vote of 3-1-1 (Messrs. Hill and Butler absent, Mrs. Duerk voting against the request and
Mr. Manetta abstaining) the Commission recommended approval of the applicant's request
to rezone 14.787 acres, more or less, being Official Tax Nos., 4020101, 4020701, 4020801,
4021408, 4021409, 4020815, 4021501 and 4021502, from C-l, Office District, to C-3,
Central Business District, and to rezone Official Tax Parcel 4020814, from LM, Light
Manufacturing District to C-3, Central Business District. with Official Tax Parcel No.
4020101 being subject to a condition as proffered by the applicant.
Respectfully submitted,
Barbara N. Duerk, Chairman
Roanoke City Planning Commission
Members of Council
Page 5
ERT:mpf
attachments
cc: Assistant City Attomey
Applicant
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
Rezoning eight (8) tract of land lying and being in the City of Roanoke,
Virginia and briefly described as:
Tax Map No. Acres Address
4020101 5.93 101 Elm Ave. S.E.
4020701 3.420 920 S. Jefferson St. S.E.
4020801 2.597 102 Highland Ave. S.E.
4021408 .22 Lot Highland Ave. S.E.
4021409 .59 21 Highland Ave. S.E.
4020815 .9 102 Highland Ave. S.E.
4021501 .86 Lot Orchard Hill S.E.
4021502 .3 Lot Orchard Hill S.E.
from C-1 to C-3, such rezoning to be subject to certain conditions and;
4020814 .87 927 Williamson Rd. S.E.
from LM to C-3.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioner, CARILLON HEALTH SYSTEM, is the parent company which has several
wholly owned subsidiaries owning land in the City of Roanoke containing 14.787 acres,
more or less, located south of Elm Avenue, S.W. lying between Jefferson Street and
Williamson Road. Said tracts are currently zoned C-1 except for the lot designated with
the Tax Map Number 4020814 which is zoned LM (hereinafter, all tracts shall be identified
solely with its Tax Map Number). A map of the property to be rezoned is attached as
Exhibit A.
Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the
petitioner requests that the said properties except for 4020814, be rezoned from Office
District (C-1) to Central Business District (C-3) and that 4020814 be rezoned from Light
Manufacturing District (LM) to Central Business District (C-3).
The Petitioner believes the rezoning of the said tracts of land will further the intent and
purposes of the City's Zoning Ordinance and its Comprehensive Plan, in that several of the
significant uses on these tracts are more consistent with C-3 district properties than the
current zoning, most of the tracts including the tract the Hospital and the Carlton Terrace
are already in the Downtown Service District, will eliminate the need for a variance for new
construction for a medical office building on 4021408, 4021409, 4021501, and 4021502
and further the continuing development of the Carilion Roanoke Community Hospital
campus as an essential health care complex. The new construction plan is attached to this
petition as Exhibit B.
The Petitioner hereby proffers and agrees that if the said tracts are rezoned as requested,
that the rezoning will be subject to, and that the Petitioner will abide by, the following
conditions:
For only the lot 4020101 (the lot upon which the Hospital proper is
situated); a thirty foot (30') building set back on the Elm Avenue side
and a fifteen foot (15') building set back on the Jefferson Street side.
Attached as Exhibit C is a list of the Tax Map Numbers the names, addresses of the owner
or owners of all lots or property immediately adjacent to or immediately across a street or
road from the property to be rezoned.
WHEREFORE, the Petitioner requests that the above-described tracts be rezoned as
requested in accordance with the provisions of the Zoning Ordinance of the City of
Roanoke.
Respectfully submitted this ~'~/, day of August, 1999.
Respectfully submitted,
By:
John Christodoulides
Carilion Health System
Facility Services
Director Project Management
(540 981 8834)
PROPERTY TO BE TAX MAP OWNER SIGNATURE
REZONED NUMBER
101 Elm Avenue, SE 4020101 *Community Hospital of
Roanoke Valley
Bnggs W. ,~r~vs, Corporate Sec.~ary
920 S Jefferson St., SE 4020701 Roanoke *Community Hospital of Valley
Bnggs W ,~Ir~v$, ~orporate Sec~'eta~
102 Highland Avenue, SE 4020801 *Community Hospital of ~.,~_ ~/~'. ~_..(
Roanoke Valley _
Bngg~ W.
102 Highland Avenue, SE 4020815 Roanoke*C°mmunity Hospital Ofvalley ~ ' ~, ~---~L~. ,~--,
Bnggs W Ai~ew$. Corpo~te Seo'~tary
Lot, Highland Avenue, SE 4021408 *Community Hospital of
Roanoke Valley~ ,.,~ ~.
21 Highland Avenue, SE 4021409 Roanoke 'Community Valley Hospital of
8nggs v~ ~,l~r'ews. Corp~ate Se~::reta~,
Lot Orchard Hill, SE 4021501 *Community Hospital of /,/,/~ . ~/ /"~ /¢
Roanoke Valley
8n~ W~¥'~r'ews. Coq:x)rate Secreta~
Lot Orchard Hill, SE 4021502 *Community Hospital of (~ :~. ~,.~ ~.,~
Roanoke Valley
Bnggs W -,a~'r~,ws. Corporate Sec~-eta~/
927 Williamson Road 4020814 *CHS, Inc. ggs w~A
*Wholly owned subsidiaries of Cad/ion Health System.
~ 77
EXHIBIT A
COMM(,I~i; ~ ~ IIOS'r'IT~L 0£ F~OANCKE
LOI
40~0101
YALLEt'
CI'IR 'v
EXHIBT B
~-,AL3=
Concept
plan
EXHIBIT C
OWNERS OF ADJACENT PROPERTY
NAME ADJACENT PROPERTY TAX MAP NUMBERS
LOCATION OR ADDRESS
Comrnunicorp, Inc.* 1030 S Jefferson Street, SE 4021401
1030 S Jefferson St., SE
Roanoke, VA 24011
v
Community Hospital of Roanoke of Highland Avenue SE 4021408
Roanoke Valley
101 Elm Avenue
Roanoke, VA 24016
F & F Associates Highland Avenue, SE 4021407
%Robert Kosnoski
870 N Sandbranch Road
Mt. Hope, VVV 25880
Douglas Meridith 102 Albemarle Avenue, SE 4021503
Richard C. VVhite
102 Albemarle Avenue, SE
Roanoke, VA 24018
Douglas Meridith Albemarle Avenue SE 1021508
Richard C. VVhite
102 Albemarle Avenue, SE
Roanoke, VA 24018
Riverview Nursing Home, Inc. NW Corner of Holiday and Spruce 4021506
% William R. Reid
2515 Stanley Avenue SE
Roanoke, Virginia 24014
Lewis D. Etals Brown 3'~ Street, SE 4021505
% Sallie Garst
1253 Gardner Lane
Mountvale, VA 24122
Lewis D. Etals Brown 1001 Williamson Road SE 4021504
% Sallie Garst
1253 Gardner Lane
Mountvale, VA 24122
Across Williamson SE
Norfolk & Southern Railway
Across Elm Ave
Elmwood Park
City of Roanoke
City of Roanoke Redevelopment & Diagonal Across from Cadlion 4013322
Housing Authority Roanoke Community Hospital at
P O Box 6359 Intersection of Elm & Williamson
Roanoke, VA 24012
NAME ADJACENT PROPERTY TAX MAP NUMBERS
LOCATION OR ADDRESS
TRS St. Johns Protestant Diagonally Across Jefferson & Elm 1020518
% Charles Beard Parking Lot
Box 257
Roanoke VA 24002
St. John's Episcopal 1 Mountain Ave., SW 1021107
26 Elm Avenue SW
Roanoke, VA 24014
Trustees of St. John's Protestant Jefferson St., SW (Church Addition) 1021113
Episcopal church
P. O. Box 257
Roanoke, VA 24002
Cadton Terrace Apts., Inc. 920 S Jefferson St., SW 1021804
920 S Jefferson St.
Roanoke, VA 24016
Carlton Terrace Apartments 915 s Jefferson St., SW 1021812
P O Box 12946
Roanoke, VA 24029
Carlton Terrace Apartments, Inc. 920 S Jefferson Street 1021813
920 S Jefferson Street
Roanoke, VA 24016
Cadton Terrace Apartments Jefferson St., SW 1021814
P O Box 12946
Roanoke, VA 24029
Carlton Terrace Apartments, Inc. Jefferson St., SW 1021815
920 S Jefferson Street
Roanoke, VA 24016
Carlton Terrace Apartments 933 Jefferson St., SW 1021816
P O Box 12946
Roanoke, VA 24029
Daniel Baldwin 1003 Jefferson St., SW 1022409
1003 S Jefferson Street
Roanoke, VA 24016
P:\USERS~RACHEL\FILES\REALEST~REZONCM 1 .WPD
C-2 ~
o 62.5 ~c
I~L 2
LM
~0~1805
iO~tSO7
16 102~8~6
o
C-I
Numerical listing for z~
properties requ.ested~. ~
for rezoning --
4
2.
3.
4.
5.
6.
7.
8.
9.
4020101 ....C-1 ':: --
4020701 ....C-I '
4020801---- C-t 2.o.o
[ ,0
4021408 ....C-1 ----4
4021409 .... C-1
4020815 .... C-1 m ALBE
4021501 .... C-1 I~.
....
4020814 ....LM
Properties requested
for rezoning are shown in red
t ,o.
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
September 7, 1999
SANDRA H. EAKIN
Deputy City Clerk
File #51
John Christodoulides, Director, Project Management
Carilion Health System Facility Services
1212 Third Street, S. W.
Roanoke, Virginia 24016
Dear Mr. Christodoulides:
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, September 20, 1999, at 7:00
p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth
floor, Municipal Building, 215 Church Avenue, S. W., on the request of Carilion Health System that
a certain 14.787-acre, more or less, parcel of land located south of Elm Avenue, S. W., between
Jefferson Street and Williamson Road, identified as Official Tax Nos. 4020101,4020701, 4020801,
4021408, 4021409, 4020815, 4021501 and 4021502, be rezoned fi:om C-l, Office District, to C-3,
Central Business District, and Official Tax No. 4020814 be rezoned fi:om LM, Light Manufacturing
District, to C-3, Central Business District, with Official Tax No. 4020101 being rezoned subject to
certain proffered conditions.
For your information, I am enclosing copy of a notice of the public hearing, an Ordinance, and a.
report of the City Planning Commission with regard to the matter. 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 Community Development at 853-2344.
It will be necessary for you, or your representative, to be present at the September 20 public
hearing. Failure to appear could result in a deferral of the matter until a later date.
Mary F.
City Clerk
MFP:lo
Enclosure
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke. Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
September 7, 1999
File #51
Communicorp., Inc.
F& F Associates
c/o Mr. Robert Kosnoski
Mr. Douglas Meredith
Mr. Richard C. White
Mr. Lewis D. Brown, et als
c/o Ms. Sallie Garst
Carlton Terrace Apartments, Inc.
Norfolk Southern Railway Corporation
City of Roanoke Redevelopment and
Housing Authority
St. John's Episcopal Church
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, September 20, 1999, at 7:00
p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth
floor, Municipal Building, 215 Church Avenue, S. W., on the request of Carilion Health System that
a certain 14.787-acre, more or less, parcel of land located south of Elm Avenue, S. W., between
Jefferson Street and Williamson Road, identified as Official Tax Nos. 4020101,4020701,4020801,
4021408, 4021409, 4020815, 4021501 and 4021502, be rezoned from C-l, Office District, to C-3,
Central Business District, and Official Tax No. 4020814 be rezoned from LM, Light Manufacturing
District, to C-3, Central Business District, with Official Tax No. 4020101 being rezoned subject to
certain proffered conditions.
The City Planning Commission is recOmmending approval of the abovedescribed request for
rezoning.
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
Community Development at 853-2344.
Sincerely,
Mary_ F. Parker, CMC/AAE
City Clerk
MFP:lo
Ad Number: 1239072
Publisher's Fee: $164.68
CARILION MEDICAL CENTER
FACILITY SERVICES
435 MCCLANAHAN STREET
ROANOKE, VA 24014
The Roanoke Times
STATE of VIRGINIA
CITY of ROANOKE
AFFIDAVIT of PUBLICATION
I, (the undersigned) an authorized
representative of the Times-World Cor-
poration, which corporation is publisher
of The Roanoke Times, a daily newspaper
published in Roanoke, in the State of
Virginia, do certify that the annexed
notice was published in said newspapers
on the following dates:
09/02/99 FULL RUN
09/02/99 FULL RUN
09/09/99 FULL RUN
09/09/99 FULL RUN
- Thursday
- Thursday
- Thursday
- Thursday
Witness, this 13th day of September 1999
Au~hori zed'~ ~lgnatur--e~
Article VII of C~ 36.1,
Code ~ ~ ~ ~ R~e
(1979), ~ ~, ~ ~n-
7:~ p.m., In ~e ~11
Cham~r in the Mun~pal
~ 2~ ~ A~,
S.W., ~ ~ ~ ~ ~-
~ ~M 14.787-~, ~
A~, S.W.,
to
C-3, Centml Bu~ne~ Dl~t~'~t,
wltt~ Off,MI Tax No. 4020101
~ F. ~, ~ c~.
(~72)
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke
(1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on
Monday, September 20, 1999, at 7:00 p.m., in the Council Chamber in the Municipal
Building, 215 Church Avenue, S.W., on the question of rezoning, the following property:
That certain 14.787-acre, more or less, parcel of land located south of Elm
Avenue, S.W., between Jefferson Street and Williamson Road, identified as
Official Tax Nos. 4020101,4020701, 4020801,4021408,4021409, 4020815,
4021501 and 4021502 from C-l, Office District to C-3, Central Business
District, and Official Tax No. 4020814 from LM, Light Manufacturing District
to C-3, Central Business District, with Official Tax No. 4020101 being
rezoned subject to certain proffered conditions.
A copy of this proposal is available for public inspection in the Office of the City
Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date
and be heard on the question.
GIVEN under my hand this 2nd day of September , 19 99.
Mary F. Parker, City Clerk.
H:\NOTICE\N-ILEZ-CARILION.ELM.JEFF.PROFFS.99
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIAcli¥ CLEriCS OFF~CE
PERTAINING TO THE REZONING REQUEST OF: '99 24 ? 4 :OB
Request Carilion Health System to rezone properties on Elm, Jefferson, )
Highland, Orchard Hill and Williamson Road, S.E., Tax Nos. 4020101, )AFFIDAVIT
4020701, 4020801, 4021408, 4021409, 4020815, 4021501, 4021502, )
4020814, from C-1 and LM, to C-3, conditional )
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the
Roanoke City Planning Commission, and as such is competent to make this affidavit of her own
personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code
of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she
has sent by first-class mail on the 23ra day of August, 1999, notices of a public hearing to be held
on the 1st day of September, 1999, on the rezoning captioned above to the owner or agent of the
parcels listed below at their last known address:
Parcel Owner's Name
4021401
4021407
4021503
4021508
4021505
4021504
4013201
4013322
Communicorp Inc.
F & F Associates
c/o Robert Kosnoski
Douglas Meredith
Richard C. white
Lewis D. Brown, et als
c/o Sallie Garst
Elmwood Park
Norfolk and Southern Railway
City of Roanoke Redevelopment and
Housing Authority
Mailing Address
1030 S. Jefferson Street
Roanoke, VA 24011
870 N. Sandbranch Road
Mt. Hope, WV 25880
102 Albemarle Avenue, SE
Roanoke, VA 24013
1253 Gardner Lane
Montvale, VA 24122
Parks and Rec
110 Franklin Road, SE
Roanoke, VA 24011
P. O. Box 6359
Roanoke, VA 24017
1021107
1021113
1021804
1021812
1021813
1021814
1021815
1021816
St. John's Episcopal Church
Carlton Terrace Apartments, Inc.
Martha Pace Franklin
26 Elm Avenue, SW
Roanoke, VA 24016
P. O. Box 257
Roanoke, VA 24002
920 S. Jefferson Street
Roanoke, VA 24016
P. O. Box 12946
Roanoke, VA 24029
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia,
this 23ra day of August, 1999.
Nothry Public
My Commission expires: ~ ~./,
RECEIVED
CITY CLERICS OF_FICF
NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING -
COMMISSION
TO WHOM IT MAY CONCERN: 't~ ~G ] 0 P 4:00
The Roanoke City Planning Commission will hold a public hearing on Wednesday,
September 1, 1999, 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber,
fourth floor, Municipal Building, 215 Church Avenue, S.W. on the following:
Request from the Carilion Medical Center that 14.787 acres, more or less, located south of
Elm Avenue, S.W., between Jefferson Street and Williamson Road, and identified as
Official Tax Nos. 4020101, 4020701, 4020801, 4021408, 4021409, 4020815, 4021501, and
4021502, zoned C- 1, Office District; and Official Tax No. 4020814, zoned LM, Light
Manufacturing District, be rezoned to C-3, Central Business District, with Official Tax No.
4020101 being subject to a condition proffered by the petitioner.
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, August 17, 1999 and August 24, 1999
Please bill:
John Christodoulides
Carilion Medical Center, Facility Services
435 McClanahan Street
Roanoke, VA 24014
(540) 981-8834
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)
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 l- 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
August 16, 1999
SANDRA H. EAKIN
Deputy City Clerk
File #51
Barbara N. Duerk, Chair
City Planning Commission
2607 Rosalind Avenue, S. VV.
Roanoke, Virginia 24014
Dear Ms. Duerk:'
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended,
I am enclosing coPy of a petition received in the City Clerk's Office on August 5, 1999, from
Carilion Health System, requesting that eight tracts of land located in Southeast Roanoke
City, identified as Official Tax Nos. 4020101, 4020701, 4020801, 4021408, 4021409,
4020815, 4021501 and 4021502, be rezoned from C-1, Office District, to C-3, Central
Business District, subject to certain conditions proffered by the petitioner; and rezoning
Official Tax No. 4020814, from LM, Light Manufacturing District, to C-3, Central Business
District.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
pc:
The Honorable Mayor and Members of tile Roanoke City Council
John Chdstodoulides, Director, Project Management, Carilion Health System Facility
Services, 1212 Third Street, S. W., Roanoke, Virginia 24016
Evelyn S. Lander, Chief, Planning and Community Development
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Acting Building Commissioner
Steven J. Talevi, Assistant City Attorney
H:\REZONING.98~CARlUON.WPD
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
October 11, 1999
File #51
SANDRA H. EAKIN
Deputy City Clerk
David A. McCray
Hollins Road Warehousing, L. L. C.
2707 Brambleton Avenue, S. W., Suite 3
Roanoke, Virginia 24015
Dear Mr. McCray:
I am enclosing copy of Ordinance No. 34492-100499 rezoning a tract of land located on the west
.side of Hollins Road, N. E., being approximately 15.306 acres located at 3332 Hollins Road,
identified as Official Tax No. 3140304, from HM, Heavy Manufacturing District, to LM, Light
Manufacturing District. The abovereferenced measure was adopted by the Council of the City of
Roanoke on first reading on Monday, September 20, 1999, also adopted by the Council on second
reading on Monday, October 4, 1999, and will be in full force and effect ten days following the date
of its second reading.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:lo
Enclosure
pc:
Waddell Brothers Company, 3409 Hollins Road, N. E., Roanoke, Virginia 24019
Waddell Brothers Company, 3437 Hollins Road, N. E., Roanoke, Virginia 24012
Ms. Jacquelyn Foley Divers, 722 Pearl Avenue, N. E., Roanoke, Virginia 24012
Mr. Robert E. Divers and Ms. Jacquelyn Foley 634 Femwood Drive, Salem, Virginia 24153
C:'q~4yFilm"~'t4.wlx[ I
David A. McCray
October 11, 1999
Page 2
pc.'
Halmode Apparel, P. O. Box 13325, Roanoke, Virginia 24033
Norfolk and Western Railway Corporation, 110 Franklin Road, S. W., Roanoke, Virginia
24011
Star City Lumber, 3120 Hollins Road, N. E., Roanoke, Virginia 24012
R/A, Inc., P. O. Box 2143, Roanoke, Virginia 24009
Mr. Jerry L. Ballard, 3351 Hollins Road, N. E., Roanoke, Virginia 24012
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Acting Building Commissioner
Charles M. Huff'me, City Engineer
Steven J. Talevi, Assistant City Attorney
J. Thomas Tasselli, Development Review Coordinator
Ted Tucker, City Planner
C:LMyFile~'ozt4.wpd. I.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of October, 1999.
No. 34492-100499.
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.
WHEREAS, Hollins Road Warehousing, LLC, has made application to the Council
· of the City of Roan0ke to have the hereinafter descriI~d property rezoned from HM, Heavy
Manufacturing District, to LM, Light Manufacturing District; and
WHEREAS, the City Planning Commission, which after giving proper notice to all
concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and
after conducting a public hearing on the matter, has made its recommendation to Coun.'cil;
and
WHEREAS, a public hearing was held by City Council on said application at its
meeting on September 20, 1999, after due and _timely notice thereof as required by §36.1-
693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest
and citizens were given an opportunity to be :heard, both for and against the proposed
rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to the Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that
.the hereinafter described property should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1-
3, Code of the City of Roanoke (1979), as amended, and Sheet No. 314 of the Sectional 1976
Zone Map, City of Roan°ke, be amended in the following particular and no other.
That certain 15.306-acre tract of land located at 3332 Hollins Road, N.E., and
designated on Sheet No. 314 of the Sectional 1976 Z°ne Map, City of Roanoke, as Official
Tax No. 3140304, be, and is hereby rezoned from HM, Heavy Manufacturing District, to
LM, Light Manufacturing District, pursuant to the above-referenced Petition filed in the
Office of the City Clerk on Suly 9, 1999, and that Sheet No. 314 of the Zone Map be changed
in this respect.
ATTEST:
City Clerk.
RECEIVED
CITY CLERICS Or
AUG3i Pi;04
Roanoke City Department of Planning
and Community Development
Room 166, Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
(540) 853-2344 (Fax) 853-123[3
September 20, 1999
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request from Hollins Road Warehousing, LLC, represented by David A.
McCray, that a tract of land located at 3332 Hollins Road, N.E., identified as
Official Tax Number 3140304 and containing approximately 15.306 acres, be
rezoned from HM, Heavy Manufacturing District to LM, Light
Manufacturing District.
I. Background:
A. Petition to rezone from HM to LM was filed on 7/9/99.
Bo
Property was once operated as Singer Furniture. The original plant acreage was
recently subdivided and the new tax parcel is being requested for rezoning to light
manufacturing. The remainder of land is to remain zoned for heavy industry.
Co
Purpose of the rezoning request is to redevelop, remodel and reuse the existing
industrial facility for light manufacturing uses.
Planning Commission public hearing was held on Wednesday, August 4, 1999.
There was no one present to speak in opposition to or in support of the proposed
rezoning request.
II. Issues:
mo
Zoning of the property_ is HM. Surrounding zoning is a mixture of heavy
manufacturing, light manufacturing and residential.
Land use of the property is industrial. The former Singer Furniture plant occupied
this property. Surrounding uses include industrial and residential properties.
Property is located within the City's Urban Enterprise Zone.
C. Utilities for water and sewer are available to the property.
Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals
Members of Council
Page 2
Do
Eo
Traffic access for the property_ is from Hollins Road. There is an existing traffic
signal at the intersection of Hollins Road and Old Mountain Road. Railroad access
is located at the rear of the property.
Neighborhood organization of this area is the Hollins Road North civic league.
Neighborhood has been notified of this rezoning request. No comments have been
received.
Comprehensive Plan recommends that'
III.
Alternatives:
Development of new or existing commercial and industrial areas in the city
should be carefully planned and designed to promote quality development
and good land use.
New industrial development should be encouraged on appropriate sites and
the Urban Enterprise Zone.
Valuable industrial land should be conserved and used for industrial
purposes.
Approve the rezoning request.
1. Zoning for the property becomes LM.
2. Land use of the rezoned property can be light industrial uses as provided for
in the LM district. At present, the current zoning is restricted to heavy
industrial uses.
3. Utilities can be provided as necessary.
4. Traffic can be accommodated.
5. Neighborhood is separated from the subject properties by other properties
zoned for manufacturing use.
6. Comprehensive Plan can be followed.
Deny the rezoning request.
1. Zoning remains HM.
2. Land use is restricted to those uses provided for in the HM district ~
Members of Council
Page 3
3. Utilities can still be provided.
4. Traffic can still be accommodated.
5. Neighborhood may be affected by additional HM uses.
6. Comprehensive Plan could still be followed.
IV. Recommendation:
Planning Commission, by a vote of 4-0-1 (Mr. Dowe and Mrs. Duerk absent, Mr. Rife
abstaining) recommends approval of the rezoning request2 The proposed redevelopment of
the property for light industrial use is a reasonable and desirable in that it provides more
opportunity for new industrial development. The rezoning would be consistent with the
City's goal of protecting industrial land while encouraging appropriate and desirable new
industrial development. In addition, the location of the property in the Urban Enterprise
Zone would be a benefit for a new industrial user.
Respectfully submitted,
Barbara N. Duerk, Chairman
Roanoke City Planning Commission
attachments
cc: Assistant City Attorney
Attorney for the Petitioner
In RE:
In the Council of the City of Roanoke, Virginia
_. · ..: _
Rezoning of a tract of land located on the west side of Hollins Road,
Northeast, being approximately 15.306 acres, known as 3332 Hollins
Road, and Tax Map Number 3140304, from HM Heavy Manufacturing to
LM Light Manufacturing.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioner, Hollins Road Warehousing, L.L.C. owns land in the City of
Roanoke containing 15.306 acres (more or less), located at 3332 Hollins Road, Tax
Map Number 3140304. Said tract is currently zoned HM, .Heavy Manufacturing. A map
of the property to be rezoned is attached as Exhibit A. Reference is made to concept
plan attached as Exhibit B. ~J'
Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as
amended, the Petitioner requests that the said property be rezoned from HM, Heavy
Manufacturing District to LM, Light Manufacturing District, for the purpose of
redeveloping, remodeling, and reusing the property for light manufacturing uses.
The Petitioner believes the rezoning of the said tract of land will further
the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in
that it will facilitate redevelopment of an under-used heavy manufacturing industrial
tract in an a manner that will result in more varied and effective use of the available
land and improvements.
Attached as Exhibit C are the names, addresses, and tax numbers of the
owner or owners of all lots or property immediately adjacent to immediately across a
street or road from the property to be rezoned.
WHEREFORE, the Petitioner requests that the above-described tract be
rezoned as requested in accordance with the provisions of the Zoning Ordinance of the
City Roanoke.
Respectfully submitted this 18"' day of June 1999.
David A. MC~
J~nn h. Lipr~cor~b
Respectfully submitted,
By: Member' I-~ Road Warehousing, L.L.C.
2707 Brambleton Avenue, Suite 3
Roanoke, Virginia 24015
(540) 989-1693
, ,, ,,
Official Tax Number
3140301
3140302
3140806
3140808
3140809
3140810
3140811
3140814
3140815
3140816
3140818
3140819
3140820
Exhibit C
Hollins Road Warehousing, L.L.C.
Name Maili~
RIA, L.L.C. P.O. Box 2143
Roanoke, VA 24009
Star City Lumber, L.L.C.
P.O. Box 20623
-Roanoke, VA 24018
Jerry L. Ballard
3351 Hollins Road, N.E.
Roanoke, VA 24012
Joseph A. Murray
2810 Gilford Avenue, N.W.
Roanoke, VA 24015
RIA, L.L.C.
P.O. Box 2143
Roanoke, VA 24012
Larry T. Sluss
3121 Hollins Road, N.E.
Roanoke, VA 24012
William F. Silver
615 Olney Road
Vinton, VA 24179
Jemj L. Ballard
3351 Hollins Road, N.E.
Roanoke, VA 24012
Robert P. Boothe
350 Burnt Chimney Road
Wirtz, VA 24184
Commonwealth of Virginia
Escheated
Hollins Road, N.E.
Roanoke, VA 24012
RIA, L.L.C.
P.O. Box 2143
Roanoke, VA 24009
Robert P. Boothe
350 Burnt Chimney Road
Wirtz. VA 24184
Joseph A. Murray
2810 Gilford Avenue, N.W.
Roanoke, VA 24015
¥
:
·
%
%
!
!
/
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 I- 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
September 7, 1999
SANDRA H. EAKIN
Deputy City Clerk
File #51
Mr. David A. McCray
Hollins Road Warehousing, L. L. C.
2707 Brambleton Avenue, S. W., Suite 3
Roanoke, Virginia 24015
Dear Mr. McCray:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on
Monday, April 6, 1981, I have advertised a public hearing for Monday, September 20, 1999, at 7:00
p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth
floor, Municipal Building, 215 Church Avenue, S. W., on the request of Hollins Road Warehousing,
L. L. C., that a tract of land located on the west side of Hollins Road, N. E., being approximately
15.306 acres located at 3332 Hollins Road, identified as Official Tax No. 3140304, be rezoned fi.om
HM, Heavy Manufacturing District, to LM, Light Manufacturing District.
For your information, I am enclosing copy of a notice of the public heating, an Ordinance and a
report of the City Planning Commission with regard to the matter. 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 Community Development at 853-2344.
It will be necessary for you, or your representative, to be present at the September 20 public
hearing. Failure to appear could result in a deferral of the matter until a later date.
Sincerely, D
Mary F. Parker, CMC/AAE
City Clerk
MFP:lo
Enclosure
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 I- 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
September 7, 1999
File//51
SANDRA H. EAKIN
Deputy City Clerk
Waddell Brothers Company
Ms. Jacquelyn F. Divers
Mr. Robert E. Divers
Ms. Jacquelyn Foley
Norfolk and Western Railway Corporation
Star City Lumber
R/A, Inc.
Mr. Jerry L. Ballard
Halmode Apparel
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, September 20, 1999, at 7:00
p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth
floor, Municipal Building, 215 Church Avenue, S. W., on the request of Hollins Road Warehousing,
L. L. C., that a tract of land located on the west side of Hollins Road, N. E., being approximately
15.306 acres located at 3332 Hollins Road, identified as Official Tax No. 3140304, be rezoned from
HM, Heavy Manufacturing District, to LM, Light Manufacturing District.
The City Planning Commission is recommending approval of the abovedescribed request, for
rezoning.
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
Community DeveloPment at 853'-2344.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:lo
Ad Number: 1239056
Publisher's Fee: $128.88
HOLLINS ROAD WAREHOUSING
2707 BRAMBLETON AVE SW
SUITE 3
ROANOKE, VA 24015
The Roanoke Times
STATE of VIRGINIA
CITY of ROANOKE
AFFIDAVIT of PUBLICATION
I, (the undersigned) an authorized
representative of the Times-World Cor-
poration, which corporation is publisher
of The Roanoke Times, a daily newspaper
published in Roanoke, in the State of
Virginia, do certify that the annexed
notice was published in said newspapers
on the following dates:
09/02/99 FULL RUN - Thursday
09/02/99 FULL RUN - Thursday
09/09/99 FULL RUN - Thursday
Witness, this 13th day of September 1999
Author [X~e ~ ~sl g'[~ur e
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke
(1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on
Monday, September 20, 1999, at 7:00 p.m., in the Council Chamber in the Municipal
Building, 215 Church Avenue, S.W., on the question of rezoning from HM, Heavy
Manufacturing District, to LM, Light Manufacturing District, the following property:
That certain 15.306-acre tract of land located at 3332 Hollins Road, N.E., and
being identified as Official Tax No. 3140304.
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 2nd day of September ., 1999.
Mary F. Parker, City Clerk.
H:\N OTICE~N-HOLLINS- WAREHOUSE WPD
NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING
COMMISSION
TO WHOM IT MAY CONCERN: '99 "'! ~:' ~'
The Roanoke City Planning Commission will hold a public hearing on Wednesday,
August 4, 1999, 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber,
fourth floor, Municipal Building, 215 Church Avenue, S.W. on the following:
Request from Hollins Road Warehousing, LLC, represented by David A. McCray, that a
tract of land located at 3332 Hollins Road, N.E., identified as Official Tax No. 3140304, and
containing approximately 15.306 acres, be rezoned from HM, Heavy Manufacturing District
to LM, Light Manufacturing District.
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, July 20, 1999 and July 27, 1999
Please bill:
David A. McCray
Hollins Road Warehousing LLC
2707 Brambleton Avenue, S.W., Suite 3
Roanoke, VA 24015
(540) 989-1693
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)
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE REZONING REQUEST OF:
RIA, LLC, portion of Official Tax No. 3140304, from HM to LM )Affidavit
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the
Roanoke City Planning Commission, and as such is competent to make this affidavit of her own
personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code
of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she
has sent by first-class mail on the 26th day of July, 1999, notices of a public heating to be held on
the 4th day of August, 1999, on the rezoning captioned above to the owner or agent of the parcels
listed below at their last known address:
Parcel
3140804
3140801
3140802
3140501
3140511
3130301
N&W
Right of Way
3140302
3140301
3140806
3140814
3140803
3280201
Owner's Name
Waddell Brothers Company
Jacquelyn Foley Divers
Robert E. Divers
Jacquelyn Foley
Halmode Apparel
Norfolk and Western Railway Corp.
Star City Lumber
RIA, Inc.
Jerry L. Ballard
City of Roanoke
Mailing Address
3409 Hollins Road,N.E.
Roanoke, VA 24019
3437 Hollins Road, NE
Roanoke, VA 24012
722 Pearl Avenue, NE
Roanoke, VA24012
634 Fernwood Drive
Salem, VA 24153
P. O. Box 13325
Roanoke, VA24033
110 Franklin Road, SW
Roanoke, VA24011
3120 Hollins Road, NE
Roanoke, VA24012
P. O. Box 2143
Roanoke, VA24009
3351Hollins Road, NE
Roanoke, VA24012
~arth4Pace~Fr~l in~~-/
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia,
this 26th day of July, 199
My Commission expires:/~~/.z~, .~//
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City CLerk
July 13, 1999
File #51
Barbara N. Duerk, Chair
City Planning Commission
2607 Rosalind Avenue, S. W.
Roanoke, Virginia 24014
Dear Ms. Duerk:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended,
I am enclosing copy of a Petition received in the City Clerk's Office on July 9, 1999, from
David A. McCray, Member, Hollins Road Warehousing, L.L.C., requesting that a tract of
land located on the west side of Hollins Road, N. E., being approximately 15.306 acres
located at 3332 Hollins Road, identified as Official Tax No. 3140304, be rezoned from HM,
Heavy Manufacturing District, to LM, Light Manufacturing District.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
pc:
The Honorable Mayor and Members of the Roanoke City Council
David A. McCray, Member, Hollins Road Warehousing, L.L.C., 2707 Brambleton
Avenue, S. W., Suite 3, Roanoke, Virginia 24015
Evelyn S. Lander, Chief, Planning and Community Development
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Acting Building Commissioner
Steven J. Talevi, Assistant City Attorney
Edward R. Tucker, City Planner
M~ry F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
October 11, 1999
File #27-289-468
Sandra H. Eakin
Deputy City Clerk
James D. Ritchie, Sr.
Acting City Manager
Roanoke, Virginia
Dear Mr. Ritchie:
I am attaching copy of Ordinance No. 34494-100499 establishing a rate schedule for
certain water and sewage rates and related charges for services provided by the City,
effective January 1, 2000, and January 1, 2001; and directing amendment of the Fee
Compendium. The abovereferenced measure was adopted by the Council of the City of
Roanoke on first reading on Monday, September 20, 1999, also adopted by the Council
on second reading on Monday, October 4, 1999, and will be in full force and effect ten days
following the date of its second reading.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
James D. Gdsso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
Jesse H. Perdue, Jr., Manager, Water Department
Dana D. Long, Chief of Billings and Collections
C:~4yFil~'o~4.wpd. I. wlxi
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of October, 1999.
No. 34494-100499.
AN ORDINANCE establishing arate schedule for certain water and sewage rates and
related charges for services provided by the City effective Sanuary I, 2000, and Sanuary 1,
2001; and directing amendment of the Fee Compendium.
BE IT ORD~D by the Council of the City of Roanoke as follows:
1. The water and sewage rates and other related rates and charges for services
provided by the City of Roanoke shall be as set forth in Exhibit A, attached hereto, and
which Exhibit is als° apart of the report of the city Manager and Director of Finance, dated
September 20, 1999, which report is incorporated by reference herein, such rates and
charges to be effective for all water, sewage, fire service and related services and statements
rendered on or aRer Sanuary 1, 2000, and ~Ianuary 1, 2001, as set forth in Exhibit A.
2. The Fee Compendium of the City, maintained by the Director of Finance and
authorized and approved by city Council by Resolution No. 32412-032795, adopted March
27, 1995, effective asofthat dat~, shall be amended to reflect the amended rates and charges
established by this Ordinanc~
3. Rates and charges established by this Ordinance shall remain in effect until
amended by this Council.
ATTEST:
City Clerk,
EXHIBIT "A"
WATER RATES
Rate Schedule to be Effective with all Service Billings
On and After Date Shown
Meter Size
5/8" Meter
3/4" Meter
1" Meter
1 1/2" Meter
2" Meter
3" Meter
4" Meter
6" Meter
8" Meter
10" Meter
12" Meter
Next 2,800 cu. ft.
All over 3,000 cu. ft.
Notes: 1.
Service Size
4"
6"
8"
10"
12"
Minimum Charges Based on Allowance of
200 Cu. Ft. Per Month
Effective
January 1, 2000
$ 2.68
7.88
10.49
26.25
41.95
104.88
167.79
419.51
671.19
1,073.89
1,678.02
Effective
January 1, 2001
$ 2.95
8.67
11.54
28.87
46.15
115.37
184.57
461.46
738.31
1,181.28
1,845.83
1.10/100
· 94/100
1.21/100
1.04/100
For retail water service sold outside the City limits, the minimum
charge is 100% greater than City rates.
Minimum charges and quantity allowances are three times greater for
consumers billed quarterly.
Cost for water rates and service outside the City limits in excess of the
minimum quantity will be:
$2.20/100 cu. ft. beginning January 1, 2000
$2.42/100 cu. ft. beginning January 1, 2001
Fire Services - Minimum Monthly Charges
January 1, 2000 January 1, 2001
$101.84 $112.03
230.02 253.03
362.92 399.22
643.36 707.70
915.88 1,007.47
Cost per 100 cu. ft. of water used
SEWAGE RATES
January 1, 2000 January 1, 2001
$1.62 $1.62
EXHIBIT "A" - PG. 2
NEW SERVICE AND SPECIAL CHARGES
Water Service Connection and Meter Fees
Service
Size
3/4"
3/4"
1 1/2"
2"
3"
4"
6"
8"
10"
Connection Charge
Jan. 1, 2000
Meter
Size
Jan. 1, 2001
$1,079.00 5/8"
1,091.00 3/4"
1,131.00 1"
5,411.00 1 1/2"
5,514.00 2"
8,028.00 3"
8,440.00 4"
8,514.00 6"
9,721.00 8"
9,945.00 10"
$ 981.00
992.00
1,028.00
4,919.00
5,013.00
7,299.00
7,673.00
7,740.00
8,837.00
9,041.00
Meter
Jan. 1, 2000
$ 83.00
127.00
158. O0
263.00
334.00
1,075.00
1,676.0O
3,285.00
5,375.00
6,615.00
Charge
Jan. 1, 2001
$ 91.00
140.00
174.00
289.00
367.00
1,183.00
1,844.00
3,614.00
5,913.00
7,277.00
Fire Service Connection and Meter Fees
Service
Size
6"
8"
10"
12"
Fire Hydrant
Connection Charge
Jan. 1, 2000
Jan. 1, 2001
$5,678.00
5,942.00
6,339.00
10,474.00
10,694.00
1,450.00
$6,246.00
6,536.00
6,973.00
11,521.00
11,763.00
1,550.00
Meter
Size
Meter Charge
Jan. 1, 2000 Jan. 1, 2001
4" $ 992.00 $1,091.00
6" 1,323.00 1,455.00
8" 1,985.00 2,184.00
10" 3,638.00 4,002.00
12" 3,714.00 4,085.00
EXHIBIT "A" - PG. 3
Special Charges
Administrative fee for new water service, new contract, or
name change
Each request for service beyond initial contract
Recheck reading (no charge if misread)
Investigation of exterior leak (no interior leak investigation will
be performed)
Meter test - removable meter (no charge if found defective)
Meter test - stationary meter (no charge if found defective)
Each service trip for non-payment
Bad check charge
Overtime charge - additional charge for work other than 8:00
a.m. to 5:00 p.m., Mon.- Fri. (Except as initiated by City)
Septic tank truck discharge
up to 1,500 gallons
over 1,500 gallons
Jan. 1, 2000
$ 0.00
25.00
20.00
35.00
35.00
100.00
35.00
25.0O
30.00
33.50
50.00
Jan. 1, 2001
$ 0.00
25.00
20.00
35.00
35.00
100.00
35.0O
25.00
37.50
33.50
50.OO
Special Industrial Sewage Treatment Charges
Over 900,000 gallons per month
Over 1,875 lbs. BOD per month
Over 135 lbs. TKN per month
Over 112.5 lbs. Phosphorus per month
Over 1,875 lbs. Suspended Solids per month
Jan. 1, 2000
.18/1000 gals.
75.85/1000 lbs.
645.49/1000 lbs.
548.46/1000 lbs.
60.22/1000 lbs.
Jan. 1, 2001
.18/1000 gals.
75.85/1000 lbs.
645.49/1000 lbs.
548.46/1000 lbs.
60.22/1000 lbs.
JAMES D. GRISSO
Director of Finance
October 4, 1999
RECE!VEO
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 C.uroh ^ven.,e, S.W., Room -4 ? 1:57
R O. Box 1220
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-2940
a.d.
JESSE A. HALL
Deputy Director
Honorable Mayor and Members
of City Council
Roanoke, Virginia
Dear Mayor Bowers and Council Members:
The following is the information requested in your letter of September 28, 1999.
1. The new City/County water agreement requires an 18o~ increase in City' Water rates;
please give us some estimate of how our water rates will compare on an average family
basis with rates in Roanoke Coumty.
The average family usage is 2100 cubic feet per quarter. This equals 15,750 gallons per
quarter. The City rates for wateronly(no utility tax included) based on 2100 cu. ft. are:
Current
18% Increase
January 1, 2000
$ 24.54
10% Increase
January 1, 2001
$ 27.00
The Roanoke County rate for 15,750 gallons (2100 c.f.) is $74.73.
£. Please compare our new water rates with other water rates throughout Vita'mia:
The City's new water rates along with those of other localities in Virginia are listed on
Attachment/L The localities selected for the comparison were chosen based on a)
similar size to Roanoke City b) geographic region near Roanoke City; and c) the state's
largest localities. This information was taken from the Draper Aden Annual Water Sewer
Rate Report for 1999.
Even with the 18% and 10% rate increases, the City's water rate remains below the state
average.
Honorable Mayor and Members
of City Council
October 4, 1999
Page 2
3. Please give us some estimate as to wt~at our cltlzens would have had to pay for water
lf ~ve had entered lnto an equlty ownershlp arrangement with Roanoke County for their
Spttng Hollow Reservolr, or. If we had entered Into a regional water
Any proposed rate based upon participation with Roanoke County for their Spring
Hollow Reservoir or a regional water cotnml~lorl would be strictly Judgmental.
Therefore, information is not available to estimate such a rate.
4. Please let us Im ow if the sewer rate will be ~ on the amount of ~ disposed
of,, otis It a peweutage at'the Increased water mte.
The july 1, 1999 sewer rate set by City Council is $1.62 per 100 cubic foot of water
used. (100' cu~ R. - 750 gallOns).
The sewer rate will not be impacted by the water rate lnerease~
Sower charge~ are calculated based on the nmou~t of w~teg ~lsed' rather' than a
percentage of the water rote. For e~mple, there are no residential sewer meters; it is
assumed that the s~me vol,~m~ of water that passe~ through the water meter
subsequently passes into the sewer line~
We hope that this information is responsive to your inq~d~3r. We would also like .you to
know that the 18% and 10% water rote increases only rep!~ce the revenues provided by
Roanoke County under the previou~ bulk water contract. If the drought conditions
persist in 2000 and requires the purchase ofb,,lit water from other Jurisdictions it would
req,,ire additional rate lncrease~
We will be pleas~ to answer any questions you might have in reg~-~t to the information
Sincerely,
risso
Director of Finance
JDG:a
Attachment
Honorable Mayor and Members
of City Council
October 4, 1999
Page 3
C:
James D. Ritchie, Sr., Acting City Manager
William M. Hackworth, City Attorney
Kit B. Kiser, Director of Utilities and Operations
Jesse ~ Hall, Deputy Director of Finance
Dana D. Long, Chief, Billings & Collections
Melinda Mayo, Information Specialist
Attachment A
Number of Water
Name o{' Locality Connectioils Monthly rate oer 5.000 ~!!on~
$8.78 based upon 1/1/2000 rote
· City of Roanoke 40,000 $9.66 based upon 1/1/2001 rate
Prince William County 49,080 $12.55
City of Lynchburg 43,200 $12.81
Roanoke County 22,589 $23.92
Spotsylvania County 20,400 $11.64
City of Martinsvllle 20,000 $7.78
City of Salem 19,700 $10.50
Town of Blacksburg 14,800 $16.03
City of Charlottesville not available $12.69
City of Covington not available /~,0.00
Carroll County PSA not available $28.50
Botetourt County not available $24.95
City of Norfolk 86,862 $16.84
City of Virginia Beach - 135,280 $21.15
Arlington County. 90,320 $8.20
City of Newport News 180,621 :. $13.67
Henrico County 122,400 $16.08
Chesterfield County 110,932 $10.71
RECEIVED
CITY CLERKS OFFICE
'99 0:55
September 20, 1999
Report No. 99-375
Honorable Mayor and Members of Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject: Replacement to 1979 Contract, as Amended in 1995 and 1996, between
Roanoke City and Roanoke County, and Increase in Water Rates,
Fees, and Charges
Background:
Ao
1979 contract between Roanoke City and Roanoke County provided
among other things, for the transfer of ownership of certain water and
sanitary sewer lines and the requirement that the City sell to the County
and the County purchase from the City certain volumes of water.
Bo
Drou.qht of 1998 and 1999 has indicated that the 1979 contract needs to
be further revised or replaced with a new agreement.
Co
Agreement in concept, was reached in accordance with the joint
statement, copy attached, issued August 11, 1999, between Mayor of the
City of Roanoke and Chairman of the Roanoke County Board of
Supervisors.
Do
An increase in water rates, fees and charges of up to 18% effective with
all bills rendered after January 1, 2000, and an additional amount of not
more than 10% effective with all bills rendered after January 1, 2001, is
necessary to offset the revenue loss from the sale of water to Roanoke
County, to recover the cost of making physical interconnections between
the two water systems and the purchase of bulk water from the County,
Salem, and Vinton dudng this time of water supply emergency.
Proposed schedule of utility rates, including the adjustments in water
rates, fees, and charges, is attached. Please note that although sewage
rates are listed in order to keep all said rates in the same schedule, this
schedule does not provide for any increase to the sewage rates.
Fo
Notice of Public Headng has been published twice in The Roanoke Times,
once on September 5, 1999, and once on September 12, 1999, and twice
in the Roanoke Tribune, once on September 2, 1999, and once on
September 9, 1999. A sample copy of the advertisement is attached.
Page 2
I1.
II1.
Issues:
A. Purchase of bulk water
B. Loss of Revenue
C. Water rate increase
Alternatives:
A. City Council
Authorize execution of a contract, substantially in the
same form as the attached draft, and in a form
approved by the City Attorney, between Roanoke City
and Roanoke County which provides for the City to
have capacity of up to 4.0 million gallons per day
(MGD) of water in Roanoke County water system for
a pedod of 20 years, payment of $1,600,000 to the
City, and the termination of the requirement of the
County having to purchase bulk water from the City.
ii.
Approve an increase of up to 18% in water rates,
fees, and charges effective with all bills rendered after
January 1, 2000, and an additional amount of up to a
10% increase effective with all bills rendered after
January 1, 2001. The proposed rate schedule is Set
out in the ordinance attached hereto.
Purchase of bulk water by the County from the City will no longer
be required but the City can purchase up to 4.0 MGD of bulk water
from the County for a pedod of 20 years beginning on July 1, 2000,
at a stipulated rate formula, and surplus County water in addition to
this, if it is available.
Loss of revenue will occur since Roanoke County will no longer be
required to purchase bulk water from the City. That amount of
revenue is estimated as. starting at $1,600,000 next year and slowly
decreasing each year to zero (0) by 2015.
Water rate increase will be provided to offset the above loss of
revenue and previously mentioned expenses.
Page 3
Bo
City Council refrain from approving the attached draft contract and
increasing water rates.
Purchase of bulk water by the County will continue to be required
and the city will continue to purchase bulk water from the County
during this period of water supply emergency to the extent the
County will sell the water and at the rate the County sets.
Loss of revenue will continue dudng this water supply emergency.
Water rate increase of a lesser amount would still need to be
considered to offset the expense of emergency physical
interconnections between the water systems and the expense of
purchasing bulk water to the extent it is available.
IV.
Recommendation: Council authorize the execution of a contract, in substantially
the form as set out in the attached draft copy, with Roanoke County and adopt
the attached ordinance increasing water rates, in accordance with Alternative A.
Respectfully submitted,
· Ritchie
ity Manager
JDR:KBK:afm
Attachments
CC:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
James D. Gdsso, Director of Finance
Kit B. Kiser, Director of Utilities & Operations
Diane S. Akers, Assistant City Manager
Jesse H. Perdue, Jr., Water Department Manager
Dana Long, Chief of Billings & Collections
JOINT STATEMENT
The undersigned, with support of their respective governing bodies, hereby agree in principle to
the following items concerning the joint use of water resources between the County of Roanoke
and the City of Roanoke.
The 1979 contract will be modified by amendment or a new contract, to eliminate
any requirement that the City sell water to the County or that the County purchase
water from the City, retroactive to July l, 1999. The County's final payment
under the contract will be $1.6 million to be paid during this fiscal year.
The County guarantees that it will sell the City up to four million gallons of water
from the County water system per day, if requested, once transmission capability is
in place. This capacity is expected to be available by September 1, 1999.
The price for any water that is sold to either jurisdiction will be the same--S2,750
per million gallons. This figure will be recalculated annually based on the consumer
price index. The rate formula shall be subject to reevaluation every five years.
The County and City can transport up to three million gallons per day of traded
water through each other's water lines if desired by the other party, subject to
capacity.
Each jurisdiction will have access to the other's surplus water, if needed.
The term of the amended or new contract will ex~end to June 30, 2019.
Future improvements to the City and/or County water systems will be jointly
shared and funded based on their merits and nefotiated benefits.
· The final agreement will be presented for approval to both government bodies in
th~ near future.
~ . David A. Bowers, Mayor
Board of St~pervisors City of Roanoke
',oano ' °unty
August 11, 1999
September 15, 1999 Draft
AGREEMENT
THIS AGREEMENT, made and entered into this ~ day of ,1999,
by and between the CITY OF ROANOKE, a municipal corporation of the Commonwealth
of Virginia, hereinafter referred to as the "City", and the COUNTY OF ROANOKE, a
political subdivision of the Commonwealth
"County,"
of Virginia, hereinafter referred to as the
WITNESSETH:
WHEREAS, on August 13, 1979, the City, County and Roanoke County Public
Service Authority (which has since been dissolved and its rights, duties, responsibilities and
obligations have been assumed by the County) entered into a contract relating to the
ownership and conveyance of certain water and sewer lines and the sale of surplus water by
the City to the County, which contract was amended by Addenda dated January 27, 1995,
and January 24, 1996 (hereinafter collectively referred to as the "1979 Contract"); and
WHEREAS, it is the intent of the City and the County that the August 13, 1979,
contract, as amended, be superseded, except as provided herein, by this Agreement; and
WHEREAS, in order to help ensure a continued adequate supply of water for their
citizens, the City and the County wish to agree on provisions for each to provide water to
the other, and for mutual efforts to be taken by each during such time that either the City or
County have placed water conservation measures in effect; and
WHEREAS, the City is authorized by Section 2(9) of its Charter to sell to persons,
firms or industries residing outside of the City limits any surplus water it may have over and
above the amount required to supply its inhabitants and is authorized generally by
§ 15.2-1102, Code of Virginia (1950), as amended, to enter into this Agreement, and the
County is authorized generally by §15.2-1201, Code of Virginia (1950), as amended, and
§ 15.2-2143, 1950 Code of Virginia, as amended, and § 2.01 of its Charter, to do so.
THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants,
agreements and obligations herein contained, the parties hereto do covenant and agree, one
with the other, as follows:
SECTION 1. SALE OF WATER
1.1. Sale of Water by County
(a) The County shall ensure that it has capacity within its water system and the
Spring Hollow Reservoir to sell to the City for its usage up to four million gallons (4.0
MGD) of water per day. The County hereby agrees to sell to the City up to 4.0 MGD of
water, if requested by the City, once transmission capability is in place in accordance with
Section 1.3(b) and (c). The County agrees to exercise its best efforts to sell to the City up
to 4.0 MGD of water until such time as transmission capability is in place in accordance with
Section 1.3(b) and (c).
(b) In addition to the foregoing requirement, the County agrees to sell surplus
water to the City whenever requested by the City to do so. The City shall be under no
obligation to purchase any minimum amount of any type of water from the County, and to
the extent that the County has surplus water available, there shall be no limit on how much
of the County's water the City may purchase.
1.2. Sale of Water by City.
The City shall sell surplus water to the County, whenever requested by the County
to do so. The County shall be under no obligation to purchase any minimum amount of such
surplus water from the City, and to the extent that the City has surplus water available, there
shall be no limit on how much of the City's water the County may purchase.
1.3 Coordination of Water Delivery_
(a) In order to accommodate operational planning and scheduling for the
production and transmission of water, either party shall request deliveries of water from the
other party by giving one week's notice in writing to the other party of the quantity and
duration of each water request. Emergency requests with less than one week's notice may
be made, and will be accommodated as quickly as possible.
(b) The City and County will work together to maximize the metered
interconnection locations between the two water systems. The City shall advise the County
of its preferences with respect to the location(s) of additional interconnections necessary to
receive delivery of 4.0 MGD of water under Section 1.1, and traded water pursuant to
Section 1.9. The County shall advise the City of its preferences with respect to the
location(s) of additional interconnections to receive delivery of water traded pursuant to
H:\TEM~aga\w~rams~. I 3
Section 1.9. The City and the County agree to collaborate in providing these additional
transmission, interconnection and metering facilities. The costs of these improvements shall
be agreed upon and prorated based on the benefits received by each locality for such
improvements. Disputes related to such matters shall be resolved pursuant to the provisions
of Section 4.1 (a).
(c) It is the intent of the parties that the construction ofinterconnections necessary
for the County to deliver 4.0 MGD of water to the City shall be completed no later that July
1, 2000, and the parties agree to exercise their best efforts to identify locations and agree on
a construction plan and allocations for such interventions no later that December 31, 1999.
1.4. Price of Water.
(a) Water sold by either the City or County to the other shall be sold at the bulk
base rate of $2,750 per million gallons (MG), or fractions thereof at the rate of $2.75 per
thousand gallons. Such rate shall be increased or decreased each July 1, beginning in the
year 2001, by an amount equal to the increase or decrease in the Consumer Price Index (CPI)
unless the City and the County otherwise agree. The "Consumer Price Index" shall mean
the consumer price index for all urban consumers (CPI-U): U.S. City average, as determined
by the Bureau of Labor Statistics and released in the Blue Chip Economic Indicators Report.
The baseline CPI shall be June 1999, which was 166.2. Every five years, on or before the
anniversary date of this Agreement, the City and the County shall reevaluate the rate formula
established hereby to reflect changes in water rates and related costs for the production and
H:\'l'EMl~l\wateom~. 1 4
transmission of water in both the County and the City, and if they mutually agree to change
the rate then in effect, they shall enter into an addendum to this Agreement to such effect.
Absent such mutual agreement to change the rate, the initial method of annual increase or
decrease of CPI shall be used.
(b) The rate set forth above shall apply retroactively to July 1, 1999, to all water
purchased in bulk or traded by either the City or the County to the other pursuant to the
terms of the 1979 Contract. All water purchases since July 1, 1999, shall be considered to
have been purchased at the bulk base rate, as set forth in Section 1.4(a) above.
(c) The County shall pay the City the sum of $1,600,000 in satisfaction of its
obligations to purchase water under the 1979 Contract. The initial sum of $800,000 shall
be paid on or before January 1, 2000, and the remaining sum of $800,000 shall be paid no
later that May 31, 2000.
1.5 Definition of Surplus Water.
(a) The term "surplus water" as used in this Agreement shall mean that amount
of water available at any given time in facilities owned by the City or the County, over and
above the quantity of water needed at that time to supply all of the reasonable, customary
and emergency water demands of the residential, industrial and commercial customers
located within the City or County limits, respectively, provided, however, that there shall be
deemed to be no "surplus water" available as to such locality whenever the amount of usable
water available in facilities owned by such locality on any day is less than sufficient to
H:\~\wate. omay. I 5
supply the water needs of all the residential, industrial and commercial water customers
located within such locality because the future supply of water is less than one hundred and
eighty (180) days, as determined by the amount of usable water available on that day, the
most recent average annual daily demand, and assuming no replenishment of the water
supply.
(b) For purposes of this del'tuition of "surplus water," "water customers" shall
mean, in the case of the City and the County, all water sold to any customer for use within
such locality for any purpose and which is billed on a periodic basis, and shall not include
water sold on a bulk basis to any other governmental entity which purchases water for use
outside the boundaries of such jurisdiction.
1.6. Unusual Circumstances.
Neither the City nor the Cotinty shall be deemed in breach of this Agreement for any
failure to perform which results from circumstances beyond their reasonable control, such
as breaks in transmission lines, mechanical or electrical failure, war, civil disturbance,
natural catastrophe or Acts of God. In the event the County shall fail to deliver to the City
the quantity of water requested under Section 1.1 for any of the aforesaid reasons, then the
City shall pay only for the water actually delivered at the agreed bulk rate.
1.7. Source of Pa_wnents.
(a) The City and the County shall make payment for all amounts payable under
this Agreement exclusively from revenues received by them from charges paid by users of
6
H:\~\wat~ounty. 1
their water systems and available to them for such purpose, for so long as either operates its
water system separate and apart from its sewer system. If either the City or County
determines to operate its water and sewer systems on a combined basis, then such charges
may be paid exclusively from revenues of its combined water and sewer systems.
(b) The charges payable under this Agreement shall not be deemed to create or
constitute an indebtedness or a pledge of the faith and credit of the City or the County for
purposes of any constitutional or statutory limitation.
1.8. Monthly Invoices.
All amounts payable under this Agreement shall be invoiced on a monthly basis.
Amounts invoiced shall be due thirty (30) days after the date of receipt of the invoice.
Invoices shall be deemed received three (3) days after being mailed, first class, postage
prepaid, by U.S. Mail. Each invoice shall itemize the readings for each water meter
providing bulk water and shall show what water is being sold and what water is to be traded.
Interest compounded monthly at the legal interest rate pursuant to §6.1-330.53, Code' of
Virginia (1950), as amended, or its successor section, shall be due on accounts thirty (30)
or more days past due.
1.9. Traded Water.
(a) The parties hereto recognize that the City and County are each producers of
water and that each may, from time to time, have 'excess water and that it may be desirable,
from time to time, for the parties to trade water purSuant to written mutual agreement. Any
H:\'l'E~llqnh\~. ! 7
water traded pursuant to written mutual agreement shall not be charged for, or paid for, by
either party; however, any difference in water quantity traded shall be charged for, and paid
for, using the bulk water rate set forth in Section 1.4(a) above. If such difference for any
month is less than 200,000 gallons, then payment shall not be due that month, but shall be
carried over to the next month.
(b) The County will continue to provide traded water to the City owned facilities
in the Coyner Springs area located in Botetourt County. The City will continue to own and
maintain the water main and appurtenances, including but not limited to water valves, fire
hydrants, and water meters, that may be necessary to transport the water from the County's
water line to the Coyner Springs area. The City has connected its water main at the existing
County 16-inch water main located in Botetourt County in order to transport the water from
the County water line to the Coyner Springs area. Such water as is supplied by the County
to the City for this water line will be considered traded water pursuant to this Section.
(c) Both the City and the County shall have the right to transport up to 3 MGD of
water through the other's water distribution system at no cost or expense to the party causing
or desiring the water to be transported.
1.10. Water Pressure.
The water delivered by the City to the County or by the County to the City shall, at
all points of delivery, be a least 30 pounds per square inch for all uses except as otherwise
provided in Exhibit "B" from the 1979 Contract (a copy of which is attached hereto and
incorporated herein) and except for fire service, which shall be at least 15 pounds per square
inch, both pressures to be established and measured at the points on either the City's system
or the County's system where either the County's water lines or the City's water lines are
connected.
1.11. Water Quali _ty.
Except as provided in Exhibit "B" from the 1979 Contract, the City and County agree
that each shall deliver, at the points of connection to the other party's water system, water
meeting the specifications and requirements of the State Health Department and the United
States Environmental Protection Agency. Subsequent to delivery of water at the other
party's points of connections to the supplying party's water system, maintenance,
monitoring and quality of water received from the supplying party shall be the responsibility
of the receiving party.
1.12. Water Conservation Measures.
Both the City and the County agree that if either imposes water conservation
measures within their jurisdiction the other party will forthwith implement whatever water
measures they deem appropriate under the circumstances within their
conservation
jurisdiction.
1.13.
Future Improvements.
Future improvements to the water supply, treatment or distribution systems that
benefit both the County and the City shall be undertaken upon such terms and conditions as
9
H:\'I'Ebll~'~\wat~ou~y. i
are mutually agreed to in writing by the parties hereto.
1.14. Water Shortages
During times of short term water shortages or emergencies (thirty (30) days or less),
the water supplies and needs of both the County and the City shall be treated equitably with
available water in the County and the City being shared according to the needs of the
residents and customers within each jurisdiction. The County and City agree to balance
water usage and water supplies to meet the needs of County and City residents, to conserve
this valuable resource, and to share this resource to alleviate water shortages or emergencies.
SECTION 2. CONTINUED JOINT USE OF CERTAIN WATER AND SEWER LINES
2.1. Sewer Lines and Water Lines Within the Ci~.
As provided in Sections 1.1, 1.3 and 1.6 of the 1979 Contract, the City shall continue
to own the sewer and water lines in the City identified therein, and thc County shall continue
to own, subject to the right of the City jointly to use them, those sewer and water lines within
the City identified in Exhibit "C" to the 1979 Contract (a copy of which exhibit is attached
hereto and incorporated herein), subject to the express condition that owners of property
situate in the City who consent to such joint use basis shall be City customers and shall pay
City' connection fees and service charges.
2.2. Sewer Lines and Water Lines within the Count3'.
(a) As provided in Sections 1.2, 1.3 and 1.6 of the 1979 Contract, the County shall
l0
H:\TEMP~h\wat~oumy. I
continue to own those sewer and water lines in the County identified therein, and the City
shall continue to own, those water transmission mains and sewer lines, subject to the fight
of the County jointly to use such sewer lines, within the County identified in Exhibits "B"
and "C", respectively, to the 1979 Contract. The County shall reimburse the City for its
respective share of the cost of maintaining and or replacing the joint use sewer lines shown
on Exhibit "C"in accordance with the 1979 Contract.
(b) As provided in Section 1.2(b) of the 1979 Contract, customers within the
County receiving water through lines retained by the City shall be County customers. The
City shall, however, read the individual water meter of any County customer not separated
from the City system by a bulk water meter and the water consumed by such customer shall
be deemed to a bulk water sale to the County and shall be billed in the manner set out in this
Agreement.
(c) As provided in Section 1.2(c) of the 1979 Contract, customers within the City
receiving water fi'om the County shall be City customers. The County shall, however, read
the individual water meter of any City customer not separated from the County system by
a bulk water meter and the water consumed by such customer shall be deemed to be a bulk
sale to the City, which shall be billed as set out in this Agreement. The City shall have the
fight'to extend water lines and develop water resources within the City to serve customers
within the City boundaries.
2.3. Joint-use Allocations.
The j oint-use allocations in sewer interceptors and trunk lines located within the City
referenced in this Section have been calculated on the basis of the percentage of the natural
drainage area served through such line by the respective parties subsequent to transfer of
lines as set out in the 1979 Contract, except as otherwise set forth in Exhibit "C, of the 1979
Contract and are set forth and identified in Exhibit "C". New joint-use sewers that are
hereafter determined to be necessary to be constructed shall be constructed pursuant to the
provisions of the November 1, 1994 sewage treatment contract, and the January 31, 1997
amendment, between the City and the County.
2.4. Customer Responsibility.
Except as may be otherwise provided in this Agreement, the parties agree that the
City shall continue to have the responsibility for servicing water and sewer customers in the
City and the County shall continue to have the responsibility for servicing water and sewer
customers in the County.
SECTION 3. METERING WATER FLOW.
3.1. Water Metering.
All water shall be metered by the jurisdiction furnishing such water at such points as
it leaves the City's or County's system or at other locations established by mutual written
agreement between the parties. A current list of all meter locations within their respective
jurisdictions shall be maintained by each party.
3.2. Ownership of Water Meters.
Pursuant to the terms of the 1979 Contract, all water services and meters connected
to the water system retained by the City shall belong to the City and all water meters and
services connected to the water system retained by the County shall belong to the County
except where both meter and services are designed to flow both ways, in which instance
these facilities shall be jointly owned.
The cost of installing bulk meters on the City system shall be shared equally by the
parties hereto; provided, however, where an individual meter is installed on the City system
to serve a customer or customers of the County such bulk water, the City shall be paid the
full amount of its usual meter installation charge. Each party shall own and maintain the
services and meters directly connected to its facilities and be responsible for reading same
with the other party having the right of access to verify readings. Water consumption shall
be reported to the other party for each meter. The City or the County shall have the right
to turn off the meter and/or service belonging to the other party when that meter and service
serves an individual property; however, notice shall be given to the owning party when such
water service is turned off and/or on. Neither party shall turn off and/or on the bulk
measuring meters or any valve, pump, etc., belonging to the other party unless permission
is granted on a case-by-case basis as needed.
13
H:\~\watcoumy. I
SECTION 4. ADDITIONAL PROVISIONS
4.1. Disputes.
The parties agree that should any question arise between the parties hereto relative
to either engineering or accounting matters, it shall be resolved as follows:
(a) If as to engineering, then by a majority ora committee of three composed of
an engineer appointed by the County, an engineer appointed by the City, and an independent
engineer, to be chosen by the foregoing two; provided, however, should the first two
appointees not be able to select the third appointee within thirty (30) days following the date
of appointment of the last of the first two appointees, then and in that event, application for
appointment of the third arbitrator shall be made to the Virginia Society of Professional
Engineers which shall appoint the third arbitrator.
(b) If as to accounting, then by a majority of a committee of three composed of
the City's Director of Finance, the County's Director of Finance, and an independent
certified public accountant, to be chosen by the foregoing two; provided, however, should
the first two appointees not be able to select the third appointee within thirty (30) days
following the date of appointment of the last of the ftrst two appointees, then and in that
event, application for appointment of the third arbitrator shall be made to the Virginia
Society of Certified Public Accountants.
(c) In either case, the charge of the independent individual shall be borne equally
by the City and the County.
14
H:\TF. Ml~ah\watcounty. 1
(d) Decisions of either committee shall be final, and not appealable.
4.2. Voluntary_ Annexation.
The County covenants and agrees that, in the event of any future voluntary
annexation by petition of County territory, that water and sewer facilities situate in such
annexed territory shall immediately, upon the effective date of such annexation, be
transferred to the City for service of customers and maintenance of facilities. The City shall
pay the County, for any facility so transferred, a sum equal to the actual amount of public
funds expended by the County in the acquisition or construction of such facility less
depreciation and adjusted by joint-use fights retained by such other party if such facility be
a sewer facility. If the facility was one conveyed to the County pursuant to the 1979
Contract and replaced by a new facility prior to the effective date of such voluntary
annexation, the City shall pay the County a sum equal to the actual amount of public funds
expended by the County in such replacement less depreciation, and the City shall receive a
credit for any usable life which remained in the facility replaced. Such paymem shall, also,
be adjusted by joint-use rights retained in the County if the facility be a sewer facility. The
County shall retain joint-use rights in any such facilities to which joint-use is applicable
based on percentage allocations made at the time of transfer.
4.3. Term of Agreement.
Unless terminated by mutual consent of the parties, or in accordance with Section 4.4,
this Agreement shall continue in full force and effect until June 30, 2020.
4.4. Termination for Breach of Contract.
No termination of this Agreement, other than by expiration under Section 4.3, shall
occur except after the giving by one party to the other of notice in writing of such intent to
terminate, stating reasons for such a breach which have been perfected by a declaratory
judgment rendered by a court of competent jurisdiction in favor of the party seeking
termination.
4.5. Hold Harmless.
To the extent permitted by law, the parties shall hold and save each other,
respectively, their officers, agents, and employees harmless from any liability of any nature
or kind, including costs and expense, for or on account of any or all claims, causes of action,
suits or damages of any character whatsoever resulting fi'om injuries or damages to any
person or persons or property by. virtue of said parties' respective performance of this
Agreement, based upon any violation of Federal or State statute or ordinance by virtue of
performance of this Agreement, and neither party shall hold the other harmless by virtue of
suits brought by bondholders of either party.
4.6. Amendments.
This Agreement may only be amended upon mutual agreement of the parties by a written
amendment or modification hereto authorized by resolutions of the governing bodies of the
parties.
4.7. Entire Agreement.
This Agreement represents the entire integrated agreement between the parties and
supersedes all prior negotiations, representations or agreements, either written or oral.
Except as otherwise provided in this Agreement, the 1979 Contract is terminated hereby.
4.8. Severabili _ty of Invalid Provisions.
If any clause, provision or section of this Agreement shall be held to illegal or invalid
by any court of competent jurisdiction, the illegality or invalidity of the clause, provision or
section shall not affect any of the remaining clauses, provisions or sections, and this
Agreement shall be construed and enforced as if the illegal or invalid clause, provision or
section had not been contained in it.
4.9. Counterparts.
This Agreement shall be executed in two counterparts, each of which when so
executed and delivered, shall be an original, and the counterparts taken together shall
constitute one and the same instrument.
WITNESS the following signatures and seals:
ATTEST:
CITY OF ROANOKE
Mary F. Parker, City Clerk
By.
David A. Bowers, Mayor
ATTEST:
COUNTY OF ROANOKE
Mary H. Allen, Clerk
By.
Bob L. Johnson, Chairman
Board of Supervisors
APPROVED AS TO FORM:
County Attorney
APPROVED AS TO FORM:
APPROVED AS TO EXECUTION:
City Attomey
City Attorney
APPROPRIATION OF FUNDS FOR
THIS AGREEMENT CERTIFIED:
APPROPRIATION OF FUNDS FOR
THIS AGREEMENT CERTIFIED:
Director of Finance, Roanoke City
Date: Account No.
Director of Finance, Roanoke County
Date: Account No.
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of the city of Roanoke will hold a public heating
at its regular meeting to be held on September 20, 1999, commencing at 7:00 p.m., in the Council
Chambers, 44 Floor, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. or as soon
thereafter as the matter may be heard, on the matter of increasing City water rates and related charges
for services by up to eighteen percent (18%) effective January 1, 2000, and by an additional amount
of up to ten percent (10%) effective January l, 2001.
The City's authority for enacting fees for water service is set out in §15.2-2143, Code of
Virginia (1950), as amended, and §2(10) of the Roanoke Charter of 1952.
The proposed ordinance, and information concerning the documentation and justification for
the proposed increase, is available for examination by the public in the Office of the City Clerk,
Room 456 Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia 24011.
Citizens shall have the opportunity to be heard and express their opinions on said matter.
GIVEN under my hand this 2ndday of Seotenber ,1999.
Mary F. Parker, City Clerk.
NOTE TO PUBLISHER:
Please publish twice in The Roanoke Times, once on Sunday, September 5, 1999, and once on
Sunday, September 12, 1999, and twice in the Roanoke Tribune, once on Thursday, September 2,
1999, and once on Thursday, September 9, 1999.
Send' Publisher's Affidavit and Bill to:
Mary F. Parker, City Clerk
456 Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
H:~d~IISC~qoWATSEW. I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
AN ORDINANCE establishing a rate schedule for certain water and sewage rotes and
related charges for services provided by the City effective January 1, 2000, and January 1,
2001; and directing amendment of the Fee Compendium.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The water and sewage rates and other related rates and charges for services
provided by the City of Roanoke shall be as set forth in Exhibit A, attached hereto, and
which Exhibit is also a part of the report of the City Manager and Director of Finance, dated
September 20, 1999, which report is incorporated by reference herein, such rates and
charges to be effective for all water, sewage, fare service and related services and statements
rendered on or after January 1, 2000, and January l, 2001, as set forth in Exhibit A.
2. The Fee Compen~lium of the City, maintained by the Director of Finance and
authorized and approved by City Council by Resolution No. 32412-032795, adopted March
27, 1995, effective as of that date, shall be amended to reflect the amended rates and charges
established by this Ordinance.
3. Rates and charges established by this Ordinance shall remain in effect until
amended by this Council.
ATTEST:
City Clerk.
EXHIBIT
WATER RATES
Rate Schedule to be Effective With all Service Billlnge
On and After Date Shown
Meter Size
5/8" Meter
3/4" Meter
1" Meter
1 1/2" Meter
2" Meter
3" Meter
4" Meter
6" Meter
8" Meter
10" Met&r
12" Meter
Next 2,800 cu. ft.
All over 3,000 cu. ff.
Notem 1.
Sewice SIz4~
4"
6"
8"
12"
Minimum Chargse Bseed on Allowance of
200 Cu. Ft. Per Month
Effective
$ 2.68
7.88
10.49
26.25
41.95
104.88
167.79
419.51
671.19
1,073.89
1,678.02
Effective
$ 2.95
8.67
11.54
28.87
46.15
115.37
184.57
461.46
738.31
1,181.28
1,845.83
1.10/100
.94/100
1.21/100
1.041100
For retail water service sold outside the City limits, the minimum
charge is 100% greater than City rate~
Minimum cha~gse and quantity allowances are three times greater for
consumers billed quarterly.
Cost for water rata~ and service outside the City limit~ in excese of the
minimum quantity will be:
$2.20/100 cu. ff. beginning Janumy 1, 2000
$2.42/100 cu. ft. beginning January 1, 2001
Fire 8ervicee - Minimum Monthly Chergee
$101.84 $ 112.03
230.92 253.03
362.92 399.22
643.36 707.70
915.88 1,007.47
Cost per 100 cu. ft. of water used
SEWAGE RATES
$1.62
$1.62
EXHIBIT 'A" - PG. 2
NEW SERVICE AND SPECIAL CHARGE8
Service
Size
3/4"
3/4"
1"
I 1/2"
2"
3"
4"
6"
8"
10"
Water Service Connection and Meter Fee~
Connectlen Charge
Jan. 1.2000
$ 981.00
992.00
1,028.00
4,919.00
5,013.00
7,299.00
7,673.00
7,740.00
8,837.00
9,041.00
Meter
SIz~
$1,079.00 5~8"
1,091.00 3~4"'
1,131.00 1"
5,411.00 1 112"
5,514.00 2"
8,028.00 3"
8,440.00 4"
8,514.00 6"
9,721.00 8"
9,945.00 10"
$ 83.00
127.00
158.00
263.00
334.00
1,075.00
1,676.00
3,285.00
5,375.00
6,615.00
Jan. 1. 2001
$ 91.00
140.00
174.00
289.00
367.00
1,183.00
1,844.00
3,614.00
5,913.00
7,277.O0
Fire 8ewk~ Connection and Meta~ Feee
Service
4"
6"
8"
10"
12"
Fire Hydrant
Connection Chlmt
Jan. 1.
$5,678.00
5,942.00
6,339.00
10,474.00
10,694.00
1,450.00
Jan. 1. 200t
$6,246.00
6,536.00
6,973.00
11,521.00
11,763.00
1,550.00
SEre
$ 992.00
1,323.00
1,985.00
3,638.00
3,714.00
Jan. 1.2001
$1,091.00
1,455.00
2,184.00
4,002.00
4,085.00
EXHIBIT "A" - PG. 3
Special Charges
Administrative fee for new water service, new contract, or
name change
Each request for service beyond initial contract
Recheck reading (no charge if misread)
Investigation of exterior leak (no interior leak investigalJon will
be performed)
Meter test - removable meter (no charge if found defective)
Meter test - stationary meter (no charge if found defective)
Each service trip for non-payment
Bad check charge
Overtime charge - additional charge for work other than 8:00
a.m. to 5:00 p.m., Mort. - Frs. (Except as initiated by City)
Septic tank truck discharge
up to 1,500 gallons
over 1,500 gallons
Jan. 1, 2000
$ 0.00
25.00
20.00
35.00
35,00
100.00
35.00
25,0O
30.00
33.50
50.00
Jan. t, 200t
$ 0.00
25.00
20.00
35.00
35,00
100.00
35.00
25.00
37.50
33.50
50.00
Special Industrial Sewage Treatment Charges
Over 900,000 gallons per month
Over 1,875 lbs. BOD per month
Over 135 lbs. TKN per month
Over 112.5 lbs, Phosphorus per month
Over 1,875 lbs. Suspended Solids per month
.18/100O gals.
75.85/1000 lbs.
645,4911000 lbs.
548.46/100O lbs.
60.22/1000 lbs.
Jan. I 2001
.18/1000 gals.
75.85/1000 lbs.
645.4911000 lbs.
548.4611000 lbs.
60.22/1000 lbs.
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing
at its regular meeting to be held on September 20, 1999, commencing at 7:00 p.m., in the Council
Chambers, 4~h Floor, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. or as soon
thereafter as the matter may be heard, on the matter of increasing City water rates and related charges
for services by up to eighteen percent (18%) effective January 1, 2000, and by an additional amount
of up to ten percent (10%) effective January 1, 2001.
The City's authority for enacting fees for water service is set out in §15.2-2143, Code of
Virginia (1950), as amended, and §2(10) of the Roanoke Charter of 1952.
The proposed ordinance, and information concerning the documentation and justification for
the proposed increase, is available for examination by the public in the Office of the City Clerk,
Room 456 Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia 24011.
Citizens shall have the oppommity to be heard and express their opinions on said matter.
GIVEN under my hand this 2nddayof September ,1999.
Mary F. Parker, City Clerk.
NOTE TO PUBLISHER:
Please publish twice in The Roanoke Times, once on Sunday, September 5, 1999, and once on
Sunday, September 12, 1999, and twice in the Roanoke Tribune. once on Thursday, September 2,
1999, and once on Thursday, September 9, 1999.
Send Publisher's Affidavit and Bill to:
Mary F. Parker, City Clerk
456 Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
H:~II$~N-WATSEW. I
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W.. Room 456
Roanoke, Virginia 2401 I- 1536
Telephone: {540) 853-2541
Fax: 1540) 853-1145
SANDRA H. EAK1N
Deputy Citb Clerk
November 15, 1999
The Honorable Carroll E. Swain
Roanoke City Council
Roanoke, Virginia
Gentlemen:
The Honorable James O. Trout
Roanoke City Council
Roanoke, Virginia
Pursuant to Resolution No. 34512-100499 you were designated as Voting Delegate and Alternate
Voting Delegate, respectively, for the Annual Business Meeting of the National League of Cities to
be held on November 30 - December 4, 1999, in Los Angeles, California.
I am enclosing information on Procedures for Adoption of National League of Cities Policy.
If you have any questions, please feel free to call me.
With kindest personal regards, I am
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:lo
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 I- 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
October 11, 1999
File #228
SANDRA H. EAKIN
Deputy City Clerk
Donald J. Borut, Executive Director
National League of Cities
1301 Pennsylvania Avenue, N. W.
Washington, D. C. 20004-1763
Dear Mr. Borut:
I am enclosing copy.of Resolution No. 34512-100499 designating Carroll E. Swain as Voting
Delegate and James O. Trout as Alternate Voting Delegate for the Annual Business Meeting of the
National League of Cities to be held on Saturday, December 4, 1999, at 2:00 p.m., in Los Angeles,
California. The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, October 4, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:lo
pc:
The Honorable Carroll E. Swain, Council Member
The Honorable James O2 Trout, Council Member
C:'uMyFila'tOCt4.Wl~. I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 4th day of October, 1999.
No. 36,512-100499.
A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for
the Annual Business Meeting of the National League of Cities.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. For the National League of Cities Conference to be held on November 30 -
December 4, 1999, in Los Angeles, California, and any Business Meetings in connection
with such Conference, Carroll E. Swain, is hereby designated Voting Delegate, and James
O. Trout, is hereby designated Alternate Voting Delegate on behalf of the City of Roanoke,
Virginia.
2. Mary F. Parker, City Clerk, is directed to take any action required by the
National League of Cities with respect to certification of the City's official Voting Delegate
and Alternate Voting Delegate.
ATTEST:
City Clerk.
H:/MEASURES/R-VOTNLC. 8
To strengthen
and promote
cities as centers
of opportum~
leadership, and
governance
National League
of Cities
1301 Pennsylvania Ave.. NW
Washington, DC 20004-1763
202-626-3000
Fax: 202-626-3043
Intemet: wwwnlcorg
1999 Officers
Pres/dent
Clarence E Anthony
Mayor. South Bay Florida
F, st V~e President
Bob Knight
Mayor, Wichita, Kansas
Second V~ce President
Dennis W Archer
Mayor, Detroit, Michigan
Immediate Past President
Brian J O'Neill
Councilman, Philadelphia,
Pennsylvania
Execuhve Director
Donald J Borut
October 29, 1999
MEMORANDUM
To.'
From:
Subject:
City Clerks of Direct Member Cities
Cameron Whitman, Director
Center for Policy & Federal Relations
Policy Informer - November Edition
Enclosed is the November edition of the Policy Informer which summarizes the
policy recommendations that will be presented at the Congress of Cities in
December. Please share the three copies that are enclosed with the voting
delegates and alternates who will represent your city in Los Angeles. If any of
your Council Members participate on one of NLC's Policy or Steering Committee,
they will receive a copy of the Policy Informer directly.
Thank you for your help as we rapidly approach the Congress of Cities. Please let
me know if you have questions or need additional details on the upcoming
conference or about the policy process in general.
Thank you.
Transmittal letters99
Past Presidel~t$: Glenda E. Rood, Ma¥c~ Orlar'do Florida · Sbarpa,James, Mayor Newark New Jersey · Gregory I..~ahutka, Mayor. Columbus Ohio · Cathy Reynolds, Ci~l Council Presdent, Denver, Colorado. Oi~m' Amis Ada~n,
Coundlman Las Vegas Nevada * Kennmh A. Aide.on, Executive Director, Ilhnois Mumopal League · E. N. Alexander, Commissioner, Red Springs. No~h Carolina * John B. Ao~m~, Executive Director, New Hampshire Municipal Association
. La~ A. Bakken, Council Member Sedan Vgley Minnesota · James T. 8eoham, Councilman Baton Rouge Louis:ann · George D. Blackwood, Jr., Mayor qo T~m Kansas C~ Missouri · Geo~e · Brow~, Jr., Councilmember, Lemgton-
Faye~e, Kentucky ~ M~xine Childress Brown, Councilwom~n, Rochester, New York * John R Bueno, Councilman Pontiac Michigan · Michael ~t~ey, ~lde~man Senatobia Mississipp~ · ~ank Clioton, Mayor, Paris, Illinois. H~I D~ub,
Mayor gma~a Nebraska * Sue Donaldson, Ci~ Counci~ President Sea~le, Washington * ~ncis H. Ouehay, Mayor Cambridge Massachuse~s * Ro~ G~ll~gos, Councilman, Longmont Cdorado * John A. Gam~r, Jr., Executive Director
Pennsyivarna League of Cities and Municipalities · Nell G. Giuliano, Mayor Tempe Arizona ~ ~omas & Girly, Executive Director, Nevada League of Cities and Muniopalities · B~ky L. Ha~ki~, Council Member, Fo~ Womb, Texas · Pa~y Jo
Hilliard, Mayor East Po;hr Georgia. Michael Keck, V;ce Mayo~ Liule Rock Arkansas · Jack Lynch, Chief Executive Bu~e Montana * H~iel Miller, Mayor Santa Barbara California * Jam~ F. Mille~, Executive Director, League of Minnesota
~dies ~ Lioda A. Moron, Mayor Lakewood, Colorado. William A. Moyec Executive Diredcr Oklahoma Mun;cipal League ~ Jim Na~gle, Mayor. Fo~ L~uderdale Florida ~ ~u Ogden, Ma~o~ Tualatin Oregon · ~ean~ Orop~za, Councilmember
Long Beach Calmfomma * Willie J. Pi~, Counci~ Member Wison No~h Carolina * Ma~ C. Poss, Mayo, Pr: Tern Dallas Texas* Rebecca J, Ravine, Council President ro~ Wayne Indiana ~ Johnoy Robinson, Councilmember, oo~mege Park
Georgia · Michael Si~ig, Execqtive Dbedor %rida League of Cd,es ~ Leon Smith, Mayor 9xtcrd ~labama · Daniel M, Spear, Mayor Pulaski Tennessee ~ Con~ie Sp~nc~a~k, Exezutive Director No~h Da<ora League of Cibes · Evelyn
Wright Turner, Coun?lor CCJdmbdS Georgra · Jemlyn S. Wail, Counol President Evanston Wvom,ng
To strengthen
and promote
c~ttes as centers
of opportuni~
leadership, and
governance.
National League
of Cities
1301 Pennsylvania Ave., NW
Washington, D.C. 20004-1763
202-626-3000
Fax: 202-626-3043
Internet: W~Nw. nlc.or9
1999 Officers
President
Clarence E Anthony
Mayor, South Bay, Florida
F~rst V/ce President
Bob Knight
Mayor, Wichita, Kansas
Second Hca President
Dennis W Archer
Mayor, Detroit, Michigan
Immediate Past President
Brian J O'Neill
Councilman, Philadelphia,
Pennsylvania
Executive Director
Donald J Borut
August 18, 1999
MEMORANDUM
To:
From:
Subject:
City Clerks of Direct Member Cit~'~ ~
~i~a~~ ~°A~ti'rEna~C~t~~ile~t°~lega~tes,~A/{Im~lal Congress of Cities,
November 30 - December 4, 1999, Los Angeles, California
The National League of Cities' Annual Business Meeting will be held at 2:00 p.m.
on Saturday, December 4, 1999, at the Congress of Cities in Los Angeles,
California. Under the Bylaws of the National League of Cities, each dkect member
city is entitled to cast from one to 20 votes, depending upon the city's population,
through its designated voting delegate at the Annual Business Meeting. The table on
the reverse side of this memorandum shows the breakdown of votes by population
categories.
To be eligible to cast the city's vote(s), each voting delegate and alternate voting
delegate must be designated by the city using the attached credentials form which will
be forwarded to NLC's Credentials Committee. NLC's Bylaws expressly prohibit
voting by proxy. Thus, the designated voting delegate(s) must be present at the
Annual Business Meeting to cast the city's vote(s).
In early November, NLC will send a special edition of the Policy Informer
summarizing proposed National Municipal Policy amendments and proposed
resolutions. This information should be shared with your voting delegation.
To establish your city's credentials and facilitate your voting delegate(s) preparation
for the Congress of Cities, we ask that you return the completed form to NLC on or
before October 11, 1999. Please follow the instructions properly for filling out the
form. A pre-addressed envelope is attached.
If you have any questions, please contact Lesley-Ann Rennie at (202) 626-3176.
Enclosure
Post President: Glenda E. Hood, Mayor Orlando Florida. Sharge James, Mayorr Newark New Jersey * Gregory [adro~s, Mayor, Columbus Ohio · Cathy Reynolds, City Couecil President, DerYec Colorado · Oirectom' Amie Adomefl,
Councilman, Las Vegas, Nevada. Kennetll A. Alderoon, Executive Director, bbnois Municipal League · E. H. Alexander, Commissioner Red Springs, North Carobna * John B. Androwt Executive Di'actor New Hampshire Municipal Association
· tam/A. Bakken, Council Member Golden Valley Minnesota · James T, Beohem, Coueolman Baton Rouge, Louis,aha · George D. Bleckwoed, Jr., Mayor Pro tern Kansas Cit~ Missouri · George A. Brown, Jr., Councilmember, Lexington
[aYerte Kentuc~,~. Maxine Childrees Brown, CounciIwomanr Rochester New York · John I~ Bueoo, Councilman Pontiac, Michigan · Michael CSTROy, Alderman, Senatobia, Mlssissipei · Frank Clinton, Mayor Paris, Lllinois · Hal Daeb,
Mayor Omaha Nebraska · Sue Donaldson, Cdr Counci! President, Seattle Washington · Francis H. Deshey, Mayor Cambridge Massachusetts · ROG Gallegc~, Councilman, LongmonL Colorado · Jol~ A. Garner, Jr., Executive Director
?er ns¥1,,ania League of Citres and Municipalities. Nail G. Giulieno, Mayor Tempe Arizona ·'~oma$ J. Grody, [xecutive D~rector, Nevada League of Cities and Municipalities · Bec~ L He,kin, Council Member Fort Worth Texas · Patsy Jo
Hilliard, Mayor East Point, Georgia · Michael Keck, Vice Mayor Little Rock Arkansas. Jack Lynch, Chief Executive Butte Montana ·Heniet Miller, Mayor Santa Barbara. California · James £ Miller, Executive Director, League of Minnesota
git:es. Linde A, Morton, Mayor Lakewood, Colorado · William A. Moyer, Executive D,rectol Oklahoma Mumcipal League. Jim Nsugle, Mayor Fort [auderdaie, Florida · tau O~deo, Mayer Tualatm, Oregon. Jenny Oropeza, Counc~imember
Long Beach California · Willie J. Pitt Council Member Wilson North Carohna · Mary C. Peso, Mayor Pro Tern Dallas, Texas · Rebecca J. Ravine, Council President, Fort Wayne, Indiana · Johnny Robinson, Counc~lmernber College Park
Georgia · Michael SiRig, Executive Dileotcr F!crida League of Cities · Leon Smith, Mayor Oxford Alabama · Daniel M. Spear, Mayer Pulaski Tennesca~ · Connie Sprynczynetyk, Executrve Director North Dakota League of C~t~es · Evelyn
Wright Turner, CoL, nO,tGi, Cciumbus Georgia · Jerrilyn S. Wall, Council President Evanston W~omln9
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
October 11, 1999
File #184-411
Sandra H. Eakin
Deputy City Clerk
James D. Ritchie, Sr.
Acting City Manager
Roanoke, Virginia
Dear Mr. Ritchie:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
October 4, 1999, Council MemberWhite requested that the City's annual Affirmative Action
report be presented as soon as possible and that the report include statistics as of the date
of the last report.
It was the consensus of Council that the matter would be referred to you for report to
Council.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc: Kenneth S. Cronin, Manager, Personnel Management
C:~yFil~ct4. wpd. !
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
October 11, 1999
File #200-514
Sandra H. Eakin
Deputy City Clerk
William M. Hackworth
City Attorney
Roanoke, Virginia
Dear Mr. Hackworth:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
October4, 1999, Council Member Swain called attention to concerns regarding automobile
repair garages which are located in areas adjacent to residential communities, on-street
repair of vehicles, and storage of abandoned vehicles leading to unsightly conditions in the
neighborhoods. He alluded to certain state legislation addressing the issue and requested
that the matter be referred to the City Attorney for research.
Sincerely, ~~,~,.
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc: James D. Ritchie, Sr., Acting City Manager
C:'~4yFil~3ct4.wix~ 1. wlxl
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
)
) To-wit:
)
I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke
and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was
held on the 4th day of October, 1999, JOSEPH F. LYNN was reappointed as a member of the City
of Roanoke Redevelopment and Housing Authority for a term ending August 31, 2003.
Given under my hand and the Seal of the City of Roanoke this 13th day of October, 1999.
City Clerk
C ?,,MyFilesXo~4.wpd. l.wpd
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
)
) To-wit:
)
I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke
and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was
held on the 4th day of October, 1999, HARRY F. COLLINS, SR., was reappointed as a member of
the New Construction Code, Board of Appeals, for a term ending September 30, 2004.
Given under my hand and the Seal of the City of Roanoke this 13th day of October, 1999.
City Clerk
C:XMyFil~',oct4.wlxl. 1 .wpd
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
)
) To-wit:
)
I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke
and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was
held on the 4th day of October, 1999, MARGARET C. THOMPSON was appointed as a member
of the Human Services Committee for a term ending June 30, 2000.
Given under my hand and the Seal of the City of Roanoke this 13th day of October, 1999.
City Clerk
C:XMyFiles~oct4.wl~ l.wpd
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
)
) To-wit:
)
I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke
and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was
held on the 4th day of October, 1999, VERNON M. DANIELSEN was reappointed as a member of
the Roanoke Civic Center Commission for a term ending September 30, 2002.
Given under my hand and the Seal of the City of Roanoke this 13th day of October, 1999.
City Clerk
C:~MyFiI~:~t4.wl~., 1 .wpd
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
)
) To-wit:
)
I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke
and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was
held on the 4th day of October, 1999, MARK E. FELDMANN was reappointed as a member of the
Roanoke Civic Center Commission for a term ending September 30, 2002.
Given under my hand and the Seal of the City of Roanoke this 13th day of October, 1999.
City Clerk
C:XMy Fil es'u~ct4, s~od. l.wpd
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
)
) To-wit:
)
I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke
and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was
held on the 4th day of October, 1999, SANDRA W. RYALS was reappointed as a member of the
Roanoke Civic Center Commission for a term ending September 30, 2002.
Given under my hand and the Seal of the City of Roanoke this 13th day of October, 1999.
City Clerk
C:hMyFile~\oct4.wpd. 1 .w~t
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
)
) To-wit:
)
I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke
and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was
held on the 4th day of October, 1999, MARY A. ROGERS was appointed as a member of the Fair
Housing Board for a term ending March 31, 2000.
Given under my hand and the Seal of the City of Roanoke this 13th day of October, 1999.
City Clerk
C:hMyFiI~Xoct4.wI~ l.WlX[