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HomeMy WebLinkAboutCouncil Actions 05-03-99 Steer ROANOKE CITY CO UNCIL ROANOKE NEIGHBORHOOD PAR TNERSHIP STEERING COMMITTEE May 3, 1999 12:20p. m. EMERGENCY OPERA TIONS CENTER CONFERENCE ROOM, ROOM 159 M UNICIPA L S 0 U TH AGENDA o o Welcome. Mayor David A. Bowers. Invocation. Lunch. Overview regarding the Roanoke Committee: a. b. C. Updates on projects reported to Council last year: a. Landlord-tenant training program b. Code Enforcement Handbook c. Zoning Neighborhood Partnership Programs and Budgets Committees Special Needs for Steering Committee Members Steering 2 6. Other Partnership Activities: ao Partnership role with Roanoke Renaissance Neighborhoods USA training and results Police relations and Citizen Police Academy Partnership activity with the Citizens Service Center 7. Other discussion items: Recess and reconvene at 2:00 p.m. in the City Council Chamber. 3 34257 Swain ROANOKE CITY CO UNCIL REGULAR SESSION May 3, 1999 12:15p. m. CI T Y C 0 UNCIL CHA MB ER AGENDA FOR THE COUNCIL 1. Call to Order--Roll Call. All Present. Recess and reconvene in the Emergency Operations Center Conference Room, Room 159, Municipal Building South, for a joint session of City Council and the Roanoke Neighborhood Partnership Steering Committee. ROANOKE CITY CO UNCIL ROANOKE NEIGHBORHOOD PAR TNERSHIP STEERING COMMITTEE May 3, 1999 12:20p. m. EMERGENCY OPERA TIONS CENTER CONFERENCE ROOM, ROOM 159 MUNICIPAL SOUTH AGENDA Welcome. Mayor David A. Bowers. Invocation. Lunch. Overview regarding the Roanoke Neighborhood Partnership Committee: Programs and Budgets Committees Special Needs for Steering Committee Members Updates on projects reported to Council last year: Landlord-tenant training program Code Enforcement Handbook Zoning Steering 2 6. Other Partnership Activities: ao Partnership role with Roanoke Renaissance Neighborhoods USA training and results Police relations and Citizen Police Academy Partnership activity with the Citizens Service Center 7. Other discussion items: Recess and reconvene at 2:00 p.m. in the City Council Chamber. 3 ROANOKE CITY CO UNCIL REGULAR SESSION May 3, 1999 2:00p. m. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL 1. Call to Order-- Roll Call. All Present. The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Welcome. Mayor Bowers. 4 NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Thursday, May 6, 1999, at 7:00 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. A SPECIAL MEETING OF ROANOKE CITY COUNCIL WILL BE HELD ON MONDAY, MAY 3, 1999, AT 7:00 P.M., IN THE EXHIBIT HALL, ROANOKE CIVIC CENTER, TO CONDUCT A PUBLIC HEARING ON THE PROPOSED 1999-2000 GENERAL FUND BUDGET, PROPOSED TAX INCREASES, AND THE ANNUAL UPDATE TO HUD'S CONSOLIDATED PLAN. THE MEETING WILL BE TELEVISED LIVE ON RVTV CHANNEL 3 AND REPLAYED ON THURSDAY, MAY 6, IMMEDIATELY FOLLOWING THE REPLAY OF THE REGULAR CITY COUNCIL MEETING. FISCAL YEAR 1999-2000 BUDGET STUDY SESSIONS WILL BE HELD ON MAY 4 AND 5, COMMENCING AT 8:30 A.M., IN THE EMERGENCY OPERATIONS CENTER CONFERENCE ROOM, ROOM 159, MUNICIPAL BUILDING SOUTH. A BUDGET STUDY SESSION IS TENTATIVELY SCHEDULED FOR THURSDAY, MAY 6, IF NECESSARY. THE DAY OF PRAYER CEREMONY WILL BE HELD ON THURSDAY, MAY 6, AT 12:05 P.M., AT LEE PLAZA. 5 A SPECIAL MEETING OF ROANOKE CITY COUNCIL WILL BE HELD ON TUESDAY, MAY 11, 1999, AT 1:30 P.M., IN THE CITY COUNCIL CHAMBER, TO ADOPT THE 1999-2000 FISCAL YEAR BUDGET. THE MEETING WILL NOT BE TELEVISED INASMUCH AS THE REGULAR MEETING OF THE ROANOKE COUNTY BOARD OF SUPERVISORS WILL BE TELEVISED AT THAT TIME. Charles W. Day and Brian J. Wishneff were re-elected as Trustees of the Roanoke City School Board for terms commencing July 1, 1999, and ending June 30, 2002. File 11467 PRESENTATIONS: Presentation of 25 year service McMillan, Sheriff. File 11121 award to the Honorable George M. Recognition of the Roanoke Express Hockey Team. File 113-388 Proclamation designating May 8, 1999, as Letter Carriers Food Drive Day. File 113 Proclamation designating the week of May 3 - 9, 1999, as Public Service Recognition Week. File 113-184 Proclamation designating the week of May 2 - 8, 1999, as National Tourism Week. File #3-336 Proclamation designating the month of May 1999, as Virginia Heritage Tourism Weeks. File 113-336 Presentation of a recognition award for a City preservation effort. Dr. John Kern, Director, Roanoke Regional Preservation Office; Mary Beth Layman, President, Roanoke Valley Preservation Foundation; and Whitney H. Feldmann, Governmental Relations Committee, Spokespersons. (10 minutes) File #80-216 0 C-1 C-2 C-3 CONSENT AGENDA 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. A communication from Mayor David A. Bowers requesting an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request to convene in Executive File #132 Session. A communication from Mayor David A. Bowers requesting an Executive Session to discuss a personnel matter, being consideration of the appointment of a particular person as City Attomey, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request to convene in Executive File #83-132 Session. A report of the Acting City Manager requesting an Executive Session to discuss the disposition of publicly held property, specifically the conveyance of land and a building in the downtown area, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request to convene in Executive File #2-132 Session. 7 C-4 Copy of a communication from Mayor David A. Bowers addressed to the Mayor of Littleton, Colorado, expressing sympathy regarding the tragic occurrence at Columbine High School. RECOMMENDED ACTION: Receive and file. File/t132-467 REGULAR AGENDA o HEARING OF CITIZENS UPON PUBLIC MATTERS: a. Presentation with regard to "School Safety and Security." Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools. (10 minutes) Received and filed. File #467 b. Presentation by the Roanoke City Action Team. The Honorable Donald S. Caldwell, Spokesperson. (10 minutes) Received and filed. File #184 4. PETITIONS AND COMMUNICATIONS: None. 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: A report with regard to revisions to the City Code relating to the dog ordinance. (15 minutes) The matter was referred to the City Attorney for preparation of the proper measure for consideration by Council on Monday, May 17, 1999. File #24-54 ITEMS RECOMMENDED FOR ACTION: o A report recommending authorization for the City Clerk to advertise a public hearing on Monday, June 21, 1999, for the purpose of receiving public input on the issuance of $2.5 million in bonds under the Public Finance Act of the Code of Virginia, and appropriate said funds to the Roanoke Higher Education Center, Inc. The City Clerk was authorized to advertise a public hearing for Monday, June 21, 1999, at 7:00 p.m. File #53-414 o A report recommending acquisition of certain interests in property needed by the City for improvements to Frontage Road, Ferndale Drive and Ordway Drive to provide access to the Johnson & Johnson Vision Products facility. Adopted Ordinance No. 34257-050399. (7-0) File #2-450 b. DIRECTOR OF FINANCE: 1. A Financial Report for the month of March, 1999. Received and filed. File #10 6. REPORTS OF COMMITTEES: ae A report of the Bid Committee recommending execution of a unit price contract with H. & S. Construction Company, in the amount of $588,611.00, for construction of new concrete sidewalks, entrances and curb, Phase IV; and transfer and appropriation of funds in connection therewith. Council Member Carroll E. Swain, Chairperson. Adopted Ordinance Nos. 34258-050399 Resolution No. 34260-050399. (7-0) File #57-60 and 34259-050399; and A report of the Bid Committee recommending award of a contract to L. H. Sawyer Paving Co., Inc., in the amount of $1,681,099.60, for construction of asphalt concrete overlays and pavement profiling of various streets within the City of Roanoke; and appropriation of funds in connection therewith. Council Member Carroll E. Swain, Chairperson. Adopted Ordinance Nos. 34261-050399 and 34262-050399. (7-0) File #60-514 7. UNFINISHED BUSINESS: None. ge INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ao Ordinance No. 34248, on second reading, authorizing execution of an agreement with InSystems Technologies, Ltd., for the fee simple conveyance of a portion of City-owned property, as well as an air rights easement across said property, identified by Official Tax No. 1010310, commonly known as a vacant lot at the northwest comer of Norfolk Avenue and First Street, S. W., authorizing conveyance of said rights upon certain terms and conditions. Adopted Ordinance No. 34248-050399 on second reading. (7-0) File #2-28-207-481 Ordinance No. 34252, on second reading, authorizing a lease between the City of Roanoke and CHS, Inc., for the lease of additional airspace over Crystal Spring Avenue, S. W., in the City, for a term commencing as soon as all legal requirements are met and ending May 13, 2058. Adopted Ordinance No. 34252-050399 on second reading. (Council Member White abstained from voting.) File #21-221-481 (6-0) lO Co Ordinance No. 34253, on second reading, amending certain proffered conditions for the rezoning of approximately 8.769 acres of land, located on the west side of Oakland Boulevard, N. W., identified as Official Tax No. 2250105, which conditional rezoning was previously approved by the Council of the City of Roanoke, pursuant to Ordinance No. 33361 adopted on May 5, 1997. Adopted Ordinance No. 35253-050399 on second reading. (7-0) File #51 Ordinance No. 34254, on second reading, permanently vacating, discontinuing and closing a portion of Edmund Avenue, N. E., a portion of Light Street, and an undeveloped alley located at the intersection of Baldwin Avenue which runs parallel to Edmund Avenue and proceeding in a northeasterly direction for approximately 630 feet to the intersection of Light Street. Adopted Ordinance No. 34254-050399 on second reading. (7-0) File #514 Ordinance No. 34256, on second reading, authorizing execution of a deed of easement granting Shenandoah L.P., a drainage easement across City- owned property located across the Forest Park Elementary School property identified by Roanoke City Tax No. 2420201, upon certain terms and conditions. Adopted Ordinance No. 34256-050399 on second reading. (7-0) File #28 9. MOTIONS AND MISCELLANEOUS BUSINESS: ao bo Inquiries and/or comments by the Mayor and Members of City Council. At the Council meeting on Monday, May 17, 1999, Council Member Swain advised of his intention to move that the report of the Water Resources Committee under date of April 5, 1999, in regard to acceptance of a donation and conveyance of certain property located on McDoweli Avenue, N. W., to the City from the Roanoke Redevelopment and Housing Authority for construction of a new sign at the intersection of the Historic Gainsboro area, be taken from the table. File #178-468 Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTHER HEARING OF MATTERS: CITIZENS UPON PUBLIC Dr. George K. Bowers, President of the Board, Youth Haven - Sanctuary Education Foundation, Inc., of the Roanoke Valley, expressed concern in regard to the proposed funding reduction in the fiscal year 1999-2000 budget for Youth Haven - Sanctuary. Inasmuch as local matching funds and State grant funds are involved, it was the consensus of Council that the matter would be referred to the City Manager to meet with Dr. Bowers and provide Council with a follow-up response. File #60-305 Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., appeared before Council as a student member of the Roanoke Valley Unit of the Virginia State Parliamentarian Association. She expressed appreciation to the Mayor for addressing the organization at its 42nd annual conference and read a poem written by a member of the Association. File #80 12 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 EXECUTIVE SESSION: (7-0) Mark A. Harris was appointed as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 1999. File #15-110-488 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY Of ROANOKE ) 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 3rd day of May, 1999, CHARLES W. DAY was reappointed as a Trustee of the Roanoke City School Board for a term of three years, commencing July 1, 1999, and ending June 30, 2002. Given under my hand and the Seal of the City of Roanoke this 7th day of May, 1999. City Clerk H:~AGENDA99~MAY3.1 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) 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 3rd day of May, 1999, BRIAN J. WISHNEFF was reappointed as a Trustee of the Roanoke City School Board for a term of three years, commencing July 1, 1999, and ending June 30, 2002. Given under my hand and the Seal of the City of Roanoke this 7th day of May, 1999. City Clerk H:'~AGENDA99~MAY3.1 Office of the Mayor CITY OF ROANOKE l'O Given under our hands and the Seal of the City of Roanoke this third day of May nineteen hundred and ninety-nine. WHE~S, the Roanoke Express began six seasons ago at the Roanoke Civic Center under the slogan, "All Aboard"; and WHEREAS, over a million fans have come aboard and enjoyed the exciting hard- hitting action of the Roanoke Express; and WHE~ the Express has boasted a winning record and made it into the post season in each and every year of its existence; and WI-IE~, the 1998-99 season has been the best ever, winning the second straight Northeast Division Crown and first regular season Northern Conference Title; and WHEREAS, the Roanoke Express has begun its third round of the Kelly Cup Playoffs, marking the first time that the Express has' advanced past the second round of playoffs in the team's six seasons; and the Express is closer to an East Coast Hockey League Title than any other team in franchise history. NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke, Virginia, in recognition of outstanding efforts and accomplishments by the coaches, players and staff of the Roanoke Express hockey team, do hereby proclaim Monday, May 3, 1999, throughout this great All-America City, as ROANOKE EXPRESS DA Y. ATTEST' Mary F. Parker City Clerk David A. Bowers Mayor Orifice oJ tl e Mayo r CITY OF ROANOKE Given under our hands and the Seal of the City of Roanoke this third day of May nineteen hundred and ninety-nine. WHEREAS, the City of Roanoke, Virginia, was chartered in 1882, and since that date, letter carriers have played an important public service, contributing to the well-being of all citizens; and WHEREAS, the National Association of Letter Carriers has identified a need in America to feed the hungry and is actively seeking to relieve this need through a national food drive; and WHEREAS, the Letter Carriers of NALC Branch 524, as well as all rural carriers have worked over I00 years to provide needed services to the community, helping those in nee& and WHEREAS, the food received in this food drive will be donated to meet the needs of less fortunate citizens by supplying local food pantries with food to serve the hungry and the homeless; and WHEREAS, the City of Roanoke is proud to thank all those who donate food and the letter carriers who provide the extra effort to make the food drive a success. NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke, Virginia, urge all citizens to join NALC Branch 524 and the rural carriers by participating in the annual food drive, and do hereby proclaim Saturday, May 8, 1999, throughout this great All-America City, as LETTER CARRIERS' FOOD DRIVE DAY. Mary F. Parker City Clerk David A. Bowers Mayor Office of the Mayor CITY OF ROANOKE Given under our hands and the Seal of the City of Roanoke this third day of May nineteen hundred and ninety-nine. ttqtEREAS, public service is among the most noble and demanding of vocations, requiring that the needs of a dynamic and diverse population be met daily; and extraordinary men and women work on a daily basis to provide vital family, health and educational services, to improve transportation and water quality, to defend freedom and to preserve the environment, while helping to improve government services in a more cost effective manner; and IFItEREAS, our public employees are to be commended for recognizing the responsibilities of public service and also the opportunities it offers to improve the quality of life for individuals, families and communities. NOW, THEREFORE, I, David .4. Bowers, Mayor of the City of Roanoke, Virginia, do hereby proclaim May 3 - 9, 1999, throughout this great All-America City, as PUBLIC SER VICE RECOGNITION WEEK. A ITEST. iw'~ Mary F. Parker City Clerk David A. Bowers Mayor Given under our hands and the Seal of the City of Roanoke this third day of May nineteen hundred and ninety-nine. ItqtEREAS, the travel and tourism industry supports the vital interests of the Roanoke Valley and the United States of America by contributing to employment, economic prosperity, international trade and relations, peace, understanding and goodwill; and WHEREAS, travel and tourism ranks as one of the Roanoke Valley's largest industries in terms of revenue generated by contributing $294,520,000 to the economy in 1997, generating $13,160,000 in local taxes, and providing jobs for 4,870 citizens in the Roanoke Valley which generated a payroll ors 74, 2 70, 000; and WHEREAS, as people throughout the world become more aware of the outstanding cultural and recreational resources available in the Roanoke Valley and in the United States, travel and tourism will become an increasingly important aspect in the lives of citizens. NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke, Virginia, do hereby proclaim the week of May 2 - 8, 1999, throughout this great All-America City, as NATIONAL TOURISM WEEK. ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor Given under our hands and the Seal of the City of Roanoke this third day of May nineteen hundred and ninety-nine. WI-IE~, the richness of Virginia's history is unparalleled across this vast nation; and WHEREAS, historic preservation, because it helps instill a sense of community, is relevant for Roanoke City residents of all ages, all walks of life, and all ethnic backgrounds; and WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals who preserve the tangible aspects of the heritage that shape us as residents of Roanoke City and as Virginians; and WHEREAS, "Celebrate Virginia" is the theme for Virginia Heritage Tourism Weeks during the month of May, and "Protecting the Irreplaceable" is the theme for National Historic Preservation Week on May 9 - 15, 1999, cosponsored by the Commonwealth of Virginia and the National Trust for Historic Preservation. NOW, THEREFORE, I, David .4. Bowers, Mayor of the City of Roanoke, Virginia, do hereby proclaim May 9 - 15, 1999, throughout this great All-America City, as NATIONAL HISTORIC PRESER VA TION WEEK. ATTEST: Mary F Parker City Clerk David A. Bowers Mayor 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 May 3, 1999 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: I wish to request an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. Sincerely, David A. Bowers Mayor DAB:se May 3, 1999 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Council Members: This is to request that Council convene in Executive Session to discuss the disposition of publicly held property, specifically the conveyance of land and a building in the downtown area, pursuant to {}2.1-344(A)(3), Code of Virginia (1950), as amended. Respectfully, Jan~{ D. Ritchie Actin~ City Manager JDR:cmk William X. Parsons, Acting City Attorney James D. Grisso, Director of Finance Phillip F. Sparks, Chief, Economic Development Mary F. Parker, City Clerk Gary Tegenkamp, Assistant City Attorney 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 April 26, 1999 Honorable Pat Cronenberger Mayor 2255 West Barry Avenue Littleton, Colorado 80165 Dear Mayor Cronenberger: On behalf of the citizens of Roanoke, I want to write to express our deepest sympathy and condolences to the people of your city regarding the tragic occurrence at Columbine High School last week. All of America joins you and the Littleton community of parents, teachers and students in your sorrow. Please know that if there is anything we can do to be of assistance to you, do not hesitate to contact us. The Littleton community is in our thoughts and prayers here at Roanoke. Sincerely, David A. Bowers Mayor DAB: jsj pc: Members, Roanoke City Council Roanoke City Public Schools Publia Information Offiae · P.O. Box 1334§, Roanoke, Virginia 24031 Telephone: (,540)853-2816 ° Fax: (540)853-2817 April 27, 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 "School Safety and Security," no longer than 10 minutes in length, be included as an agenda item for the 2:00 p.m. session of the City Council meeting on Monday, May 3, 1999. Dr. Harris will share information and if agreed as part of the agenda, he will need an overhead projec- tor and screen. We look forward to this sharing opportunity with Council. If I may answer any additional questions, please don't hesitate to call (2816). /il cc: Mr. James Ritchie Dr. E. Wayne Harris Sincerely, L~~s~uny~ Public Information Officer Excellence in Education Roanoke City Public Schools Superintendent of Schools * RO. Box 13145, Roanoke, Virginia 24031 * 540-853-2381, Fax: 540-853-2951 E. Wayne Harris, Ed.D April 30, lggg Dear Parents: The purpose of this letter is to inform the citizens of Roanoke City about the efforts we are making to maintain safe and orderly schools. Our efforts are focused on eliminat- ing the potential for acts of violence at any of our 29 campuses. Maintaining safe and orderly schools is our first priority. Before the incidents in Paduka, Kentucky; Springfield, Oregon; Pearl, Mississippi; and Littleton, Colorado; safeguards were in place in Roanoke City Schools to help insure that students could learn in a safe environment. Many of the initiatives described in this commentary are a result of the unique collaborative spirit that exists among the School Board and staff, Roanoke City police, emergency medical services, city officials, parents, religious institutions, and others in the community. Many of you have asked what you can do to help, and I thank you for your support. There is a major role for parents and other citizens to play as we strive to maintain safe schools. I ask that you contribute in the following ways: Talk with your child about appropriate behavior and making wise choices. Please remind your child that joking about any act of violence is never acceptable. Guide your child regarding what is appropriate behavior while at school. Maintain regular contact with your child's teacher(s) and principal and work together to help create the positive learning environment that will benefit your child. Visit your child's school periodically. Your presence lends credibility to the value of education and will enhance safety and orderliness. Your presence will also demonstrate support to your child and the school. I want to share some of the things that we already have in place and some of the things that we are doing to help preserve safe and orderly schools. Your support of these actions is appreciated. Members of the Roanoke City Police Department are present in our schools and serve as School Resource Officers (SRO) at the high schools and DARE officers at the middle and elementary schools. We know that the presence of uniformed police officers Preparing Students for Success Parents Page 2 April 30, 1999 is a deterrent to inappropriate and unsafe behavior. The primary role of the School Resource Officers is to establish a healthy, trusting relationship between students and law enforcement officials. Each high school has security guards who monitor the two main entrances and regularly patrol the campus areas. As an added precaution, random use of metal detectors will occur twice a week for the remainder of the school year. I am in the process of assigning additional security personnel to each high school. The Police Chief has responded to my request to increase the number of rolling patrols around the middle and high schools on an as-needed basis. Our schools have a well-defined crisis plan which specifies procedures to follow should an emergency occur. Principals will review their plan with the entire school staff. School bus drivers have been briefed on additional safety measures. Students are taught and encouraged to take responsibility for their own actions. Peer mediation, Character Counts, conflict resolution, and anger management programs exist at many schools, and student-led initiatives such as Students Against Violence Everywhere (SAVE) were established at both high schools last year. The behavior guide, Standards and Expectations for Student Behavior, has been in effect since 1994. This booklet spells out student conduct code and consequences for infractions. The School Board has endorsed a zero-tolerance policy on weapons, assault, and substance abuse with severe consequences when acts of violence occur. The Standards are mailed home along with a pledge sheet for parents and students to sign. The Standards are reviewed with students at the beginning of each school year. Addition- ally, students engage in classroom discussions about the Standards and Expectations to insure they know school rules. Employees of the Roanoke City Public Schools are committed to providing the best educational environment for our children. We will continue to work with parents, citizens, agencies, and institutions to achieve our common goal to maintain an educationally stimulating and safe school climate for our students and teachers. I invite your input and assure you that our schools are doing an excellent job of preparing our students for a bright and productive future. Sincerely yours, E. Wayne a~rris, Ed.D. Superintendent cl Roanoke, Virginia May 3, 1999 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Please reserve space May 3, 1999, on Council's 2:00 p.m. agenda for a Briefing concerning Revisions to the Dog Ordinance in the City Code. Respectfully submitted, s D. Ritchie City Manager CC: City Attorney Director of Finance DRAFT May 17, 1999 Council Report No. 99-410 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: Revisions to the Dog Ordinance in the City Code BACKGROUND Documented citizen concern and complaints about dogs running without a leash, dogs defecating on public and private property, and dogs disturbing their neighbor's ability to enjoy their own property, have been made to the Animal Control Unit, the Citizens Service Center, the City Manager's Office, the Roanoke Neighborhood Partnership, and other offices responding to citizens' concerns. September 1997, representatives from several city departments began having meetings to define problems and issues related to dogs. The Police Department, City Attorney, Commonwealth's Attorney, City Manager's office, Animal Control, Zoning and Neighborhood Partnership were all represented. In addition, Dr. S. A. Eichelberger, D.V.M., was invited to represent the practitioners of veterinary medicine. After several meetings with neighborhood organizations, the Neighborhood Presidents' Council and various other groups, including Roanoke Kennel Club, the Star City Canine Club, the SPCA, a draft ordinance was written in October 1998, which addressed the many issues pertaining to changes in Chapter 6, Animals and Fowl, Code of the City of Roanoke, 1979. II. CURRENT SITUATION A. The Animal Control Unit, the Police Department, and other city offices continue to receive numerous complaints from citizens regarding public III. IV. The Honorable David A. Bowers, Mayor and Members of City Council Page 2 May 17, 1999 safety, and the health and welfare of citizens as it pertains to the inconsistency of the current dog ordinance. The Virginia State Code has changed to mandate that animals must be vaccinated by four (4) months of age instead of six (6) months; and, that the animal's gender does not have to be specified on the certificate. This is in agreement with local Treasurers across the State, because it simplifies the tracking of the animal's vaccination records. Co An advertised public meeting was held at Fitzpatrick Hall November 30, 1998, with more than seventy (70) citizens participating. Their suggestions were incorporated into the proposed ordinance, and have since been approved by the various organizations and citizens who have expressed an interest in an ordinance pertaining to dogs. The issues in the proposed ordinance highlighted the following: number of dogs allowed per household in a residential area, a "leash law," the "fecal cleanup law," and the public nuisance issues. These and other issues have resulted in agreeable revisions to the ordinance between the city and its citizens. Included are copies of letters from various organizations approving the revisions to this ordinance. ISSUE___~S A. Legal. B. Cost. ALTERNATIVES Ao Amend the City Code by adoption of the proposed ordinance to include the following: "Public nuisance animal" defined. It is a class 3 misdemeanor (up to $500.00 fine) to keep a public nuisance animal in the city, and the animal may be impounded. In addition, any person injured or damaged by a public nuisance animal may seek injunctive relief. §6-11. The Honorable David A. Bowers, Mayor and Members of City Council Page 3 May 17, 1999 Duty of animal owners to protect other persons, animals and property from injury or damage resulting from their animal's behavior is codified. §6-12. Definition of "dog" is broadened to include hybrids and crosses. §6-22. Definition of "to run at large or running at large" is amended so that dogs under voice or hand control will violate §6-23 prohibiting owners from allowing a dog to run at large. This is a class 4 misdemeanor (up to $250.00 fine.) Dogs kept on residentially zoned property or property used for residential purposes are limited to four (4) dogs. §6-27. Owners are required to remove feces deposited by their animals on public property or on private property without permission. Violation is a class 4 misdemeanor (up to $250.00 fine.) §6-29. Distinction between male and female dogs is abandoned for purposes of license fees. §6-42.1(a). Annual license fees for unsterilized dogs are set at $10.00 (highest permitted by State Code) and $5.00 for sterilized dogs. §6-42.1(a). License fee for commercial kennels is increased in $50.00 increments up to a kennel for fifty (50) dogs. §6-42. l(a). Provision is made for three-year dog licenses at discounted rates - $25.00 unsterilized and $10.00 sterilized. §6-42.1(b). Service dogs. guide dogs and hearing dogs are exempted from license fees. §6-42.1(d). One who becomes the owner of a dog must obtain a license within 30 days. §6-43. Licenses will be required for dogs four (4) months of age or older (currently 6 months.) §6.43. ~ The Honorable David A. Bowers, Mayor and Members of City Council Page 4 May 17, 1999 Licenses will no longer state the sex of a dog, but will state whether sterilized or unsterilized. §6-45(b). Legal - City Council is authorized to approve revisions to the City Code. Cost - Additional materials, equipment, or personnel related to enforcement of these revisions will be absorbed in the current budget. Animal Control personnel and, when appropriate, Police Department personnel would be responsible for enforcement of the Dog Ordinance. Animal Control and the Police Department would assume ~ for enforcement when departments, such as Zoning and Animal Control, overlap, thereby reducing confusion as to enforcement responsibility. Do not amend the City Code 1. Legality is not an issue. 2. Cost is not an issue. r~3.~Er,.e,~.e,~ would remain the same. The current ordinance is confusing for enforcement agencies when jurisdictions overlap. In addition, Zoning is unable to adequately enforce certain kennel laws. This results in increased confusion and dissatisfaction to those citizens seeking assistance. The Honorable David A. Bowers, Mayor and Members of City Council Page 5 May 17, 1999 V. RECOMMENDATION City Council concur with Alternative A, by amending and reordaining Chapter 6, Code of the City of Roanoke, Animals and Fowl, as outlined in Section IV.A of this report. Also, authorize Director of Finance to update the city's fee compendium as this ordinance indicates. Respectfully submitted, WRH/hw W. Robert Herbert City Manager CC: City Attorney Finance Director City Clerk Director of Public Safety Police Chief Major, Patrol Division Animal Control Supervisor Donald Thorne, Executive Director, SPCA Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk May 7, 1999 File #53-414 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, May 3, 1999, the City Clerk was authorized to advertise a public hearing for Monday, June 21, 1999, at 7:00 p.m., for the purpose of receiving public input on the issuance of $2.5 million in bonds under the Public Finance Act of the Code of Virginia, and appropriate said funds to the Roanoke Higher Education Center, Inc. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Barry L. Key, Manager, Office of Management and Budget Deborah J. Moses, Assistant to the City Manager for Special Projects H:~A. GEND~Y3. I May 3, 1999 Council Report No. 99-12 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia SUBJECT: Roanoke Higher Education Center BACKGROUND January 1996, Virginia General Assembly funds a feasibility study of converting the former headquarters building of the Norfolk and Western Railway into a training and education center in downtown Roanoke. The study concludes that the building is a feasible structure for the Center; renovation costs compare very favorably to newconstruction costs for similar centers in Virginia, and, that by designing shared use within the building, a 30% space savings could be realized. 1997, the General Assembly adopts HBl180 establishing the Roanoko Higher Education Authority to expand access to education offerings in the Roanoke Valley and to own, construct, and operate the Roanoke Higher Education Center. Co July 1997, Roanoke City Council supports the establishment of a Higher Education Investment fund with a pledge of $2.5 million from city funds to establish this Center in downtown Roanoke. Destination Education, a group of more than 70 businesses, civic and educational leaders is established to lead the regional effort to make the Roanoke Education Center a reality. Eo October 1997, the State Council for Higher Education unanimously endorses the Center as a centralized educational and training hub for the Roanoke region. Eleven public and private colleges and universities and two workforce training entities have signed letters of intent to locate within the Center. December 1997, Norfolk Southern Corporation donates their former headquarters building to the Roanoke Foundation for Downtown, Inc. to house the Roanoke Higher Education Center. G° February 1998, the Vir,qinia General Assembly provides $5,379,000 to renovate the former N&W headquarters building for the Center, and $62,500 for operating expenses of the Authority. The Honorable Mayor and Members of Council Council Report No. 99-12 May 3, 1999 Page 2 May 1998, Roanoke City Council includes $250,000 towards the Higher Education Center Project as part of the FY98-99 General Fund Budget. July 1998, the Roanoke Higher Education Center Authority becomes effective. The Authority employs an architectural firm to prepare design and construction plans for the Center. The number of perspective tenants in the Center has increased to fifteen. II CURRENT SITUATION January 1999, Governor Gilmore includes $3.6 million in his state budget, to be used to renovate the Center, and $162,500 in operating costs for the Authority which was approved by the General Assembly. The Roanoke Foundation for Downtown, Inc. is in the process of donating the building to the Roanoke Higher Education Center, Inc. Contracts have been awarded for internal demolition and asbestos abatement in the building. Renovation bids will be received by the Authority in August 1999 with construction to begin in September 1999. The anticipated opening date for the Center is September 2000. The City is requested to provide full funding for its $2.5 million investment to renovate the Center. The city also anticipates providing parking and certain public infrastructure improvements in the public spaces surrounding the Center. The Code of Virginia gives localities the authority to issue bonds pursuant to the Public Finance Act for such suitable public purposes. The Act further requires that a public hearing be held to receive citizen input on this issuance. III ISSUES B. C. D. E. Timing Economic Impact Funding City Council's Vision Historic Preservation The Honorable Mayor and Members of Council Council Report No. 99-12 May 3, 1999 Page 3 IV ALTERNATIVES City Council authorize the City Clerk to advertise for a public hearing to be held on June 21, 1999, for the purpose of receiving public input on the issuance of $2.5 million in bonds under the Public Finance Act of the Code of Virginia. Timing would ensure that construction will begin on schedule and the Center will open in September 2000. Economic impact of the Center as a new and vital anchor to downtown business will be immediate bringing hundreds of students to the downtown area. Funding for debt service for these bonds will be made from general fund revenues. Funding in the amount of $250,000 has been included in the FY99-00 recommended budget to be adopted by City Council on May 11, 1999. Continued annual funding of this amount will be adequate to fund debt service requirements on the bonds. City Council Vision will be addressed by providing workforce training and life long learning opportunities for the region. Historic Preservation will ensure the adaptive reuse of this historically significant landmark in downtown Roanoke. City Council not authorize the City Clerk to advertise for a public hearing on June 21, 1999, for the purpose of receiving public input on the issuance of $2.5 million in bonds under the Public Facilities Act of the Code of Virginia. Timing would not be an issue as without the City's funding the renovation of the building cannot be completed. 2. Economic impact of the project will not take place. Funding repayment would not be an issue as the bonds will not be sold. City Council Vision commitment for workforce training support and life long learning opportunities will not be realized through this project. Historic Preservation will not be accomplished through the adaptive reuse of this building. The Honorable Mayor and Members of Council Council Report No. 99-12 May 3, 1999 Page 4 V RECOMMENDATION City Council concur with Alternative A and authorize the City Clerk to advertise for a public hearing to be held on June 21, 1999, for the purpose of receiving public input on the issuing of $2.5 million in bonds under the Public Finance Act of the Code of Virginia. Respectfully submitted, Acting City Manager JDR/DJM/ca CC: Diane S. Akers, Acting Assistant City Manager James D. Grisso, Director of Finance William X Parsons, Acting City Attorney Kit B. Kiser, Director of Utilities & Operations William F. Clark, Director of Public Works Barry M. Key, Manager, Office of Management & Budget Deborah J. Moses, Assistant to the City Manager, Special Projects Mary F. Parker, City Clerk Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk May 4, 1999 File #2-450 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. 34257-050399 providing for acquisition of certain interests in property needed by the City for improvements to Frontage Road, Ferndale Drive and Ordway Drive to provide access to the Johnson & Johnson Vision Products facility; setting a certain limit on acquisition costs of such property rights; 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 the property 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, May 3, 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 William F. Clark, Director, Public Works H:'~GENDAg~',~VL~.Y3. I James D. Ritchie, Sr. May 4, 1999 Page 2 pc: Kit B. Kiser, Director, Utilities and Operations Dolores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer Sarah E. Fitton, Engineering Coordinator Alicia F. Stone, Accountant, Contracts and Fixed Assets Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget D. Darwin Roupe, Manager, Supply Management H?,,A. GENDA99'~IAY3. I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1999. No. 34257-050399. AN ORDINANCE providing for the acquisition of certain interests in property needed by the City for improvements to Frontage Road, Femdale Drive and Ordway Drive to provide access to the Johnson & Johnson Vision Products facility; setting a certain limit on the acquisition costs of such property rights; 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 the property for the purpose of commencing the project; all upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the improvements to Frontage Road, Femdale Drive and Ordway Drive, thereby providing access to the Johnson & Johnson Vision Products facility, the City wants and needs certain fee simple interests, permanent and temporary construction easements, and/or rights of ingress and egress, to property identified by Tax Map Nos. 6450104, 6450109, 6450110, 6450111, 6450112, 6450113, 6450114, 6450115, 6450119, 6460101,6460102, 6460103, 6460104, 6460105, 6460106, 6472301, 6472302, 6490304, 6490305, 6490406, and 6490408. The proper City officials are authorized to take appropriate action to acquire the necessary property rights for the City from the respective owner or owners for such consideration as the City Manager deems appropriate, subject to certain limitations and subject to the applicable statutory guidelines, providing the acquisition costs of such property rights shall not exceed $425,000.00 without further authorization of Council, all as more fully set forth in the report to Council dated May 3, 1999. All requisite documents shall be approved by the City Attorney. 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 or owners, certified by the City Attorney to be entitled to the same. 3. Should the City be unable to agree with the owner or owners of the real estate identified above, or should any owner or owners be a person under a disability and lacking capacity to convey such interest or should the whereabouts of the owner or owners be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the property rights identified above. 4. In seeking or conducting any condemnation proceeding, the City Attorney is authorized to make a motion on behalf of the City for entry of an order, pursuant to §25-46.8 or § 33.1-120, et seq, Code of Virginia (1950), as amended, granting to the City the right to enter upon the property for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to draw and pay into court the sums offered to the respective owner or owners. 5. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. H:\ORD-GEI~O-FRONTAGE May 3, 1999 Council Report No. 99-125 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: PROPERTY RIGHTS ACQUISITION FOR IMPROVEMENTS TO EXISTING FRONTAGE ROAD, FERNDALE DRIVE AND ORDWAY DRIVE, PROVIDING ACCESS TO JOHNSON & JOHNSON VISION PRODUCTS Background on the subject in chronological order is as follows: Ao The City of Roanoke entered into a performance a.qreement with Johnson & Johnson Vision Products (J&J). The performance a.qreement requires that the City of Roanoke perform certain off-site improvements to provide access to the J&J facility. The off-site improvements are to be completed by July 1,2000 (See attached map listed as Attachment A.) The proposed improvements include extending Frontage Road so that the J&J site will be accessible from Peters Creek Road and Hershberger Road. A cul-de- sac will terminate Ferndale Drive approximately 400' from the intersection of Ferncliff Drive. Ordway Drive will be extended so that J&J will have access to the back of their manufacturing site. II. Current situation is as follows: Plans are sufficiently complete to identify the property rights needed to construct the project. The owners of the various properties from whom these property rights are to be obtained are listed on Attachment B, hereto, together with tax map numbers. Authorization is needed to proceed with title work, appraisals, ne.qotiations with property owners and document preparation. III. Issues in order of importance are as follows: A. Need B. Schedule C. Fundin.q Honorable Mayor and Members of City Council PROPERTY RIGHTS ACQUISITION FOR IMPROVEMENTS TO EXISTING FRONTAGE ROAD, FERNDALE DRIVE AND ORDWAY DRIVE, PROVIDING ACCESS TO JOHNSON & JOHNSON VISION PRODUCTS May 3, 1999 Page 2 IV. Alternatives in order of feasibility are as follows: City Council authorize the City Manager to take appropriate action in order to accomplish the acquisition of all property rights necessary for the construction of the proiect, in a form acceptable to the City Attorney. Said property rights may be acquired by negotiation or eminent domain and include fee simple, permanent easements, temporary construction easements, right-of-way, licenses or permits, etc. The estimated cost of acquisition of the above said property rights is $425,000. 1. Need to provide access to J&J facility is met. 2. Schedule is critical to avoid project delays. Funding of $425,000 is available in Capital Project account number 008- 002-9700, "J&J Off-Site Improvements". City Council does not authorize the City Manager to take appropriate action in order to accomplish the acquisition of all property rights necessary for the construction of the proiect, in a form acceptable to the City Attorney. Said property rights may be acquired by negotiation or eminent domain and include fee simple, permanent easements, temporary construction easements, right-of- way, licenses or permits, etc. The estimated cost of acquisition of the above said property rights is $425,000. 1. Need to provide access to J&J facility is not met. The scheduled completion date as agreed upon between the City of Roanoke and J&J would be impacted. Funding would remain available in Capital Project account number 008- 002-9700, "J&J Off-Site Improvements". Recommendation is as follows: City Council concur in alternative "A" and take the following action: Honorable Mayor and Members of City Council PROPERTY RIGHTS ACQUISITION FOR IMPROVEMENTS TO EXISTING FRONTAGE ROAD, FERNDALE DRIVE AND ORDWAY DRIVE, PROVIDING ACCESS TO JOHNSON & JOHNSON VISION PRODUCTS May 3, 1999 Page 3 Authorize the City Manager to take appropriate action in order to accomplish the acquisition of all property ri.qhts necessary for the construction of the proiect, in a form acceptable to the City Attorney. Said property rights may be acquired by negotiation or eminent domain and include fee simple, permanent easements, temporary construction easements, right-of-way, licenses or permits, etc. The estimated cost of acquisition of the above said property rights is $425,000. Respectfully submitted, JDR/JMB Attachments C; City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Engineering Coordinator Accountant, Contracts and Fixed Assets Budget Administrator Manager, Office of Supply Management Commissioner of Revenue ATTACHMENT A - TO COUNCIL REPORT ~99-125 PETERS CREEK ROAD~- -- ~ t \ FCONOMIC ~,~  DEVELOPMENT__~._ · SITE \\ PROPOSED ~ CUL-DE-SAC- ..~\ IMPROVEMENTS / ' ~\ TO ExISTiNG - ~ ORDWAY ORIVE PROPOSED NEW CONSTRUCTION CUL-DE-SAC ATTACHMENT B TO COUNCIL REPORT #99-125 PROPERTY RIGHTS ACQUISITION FOR IMPROVEMENTS TO EXISTING FRONTAGE ROAD, FERNDALE DRIVE AND ORDWAY DRIVE, PROVIDING ACCESS TO JOHNSON & JOHNSON VISION PRODUCTS COUNCIL REPORT NO. 99-125 TAX MAP NUMBER 6450113 6450112 6450119 6450114 6450115 OWNER Emergency Veterinary Services of Roanoke Inc. WDBJ Television Inc. IHC Roanoke Partnership LP IHC Roanoke Partnership LP ESA 0291 Inc. 6450111 Allred Investment Company 6450110 AFH Corp. 6450109 AFH Corp. 6450104 6460104 6460105 6460101 Doris D. Scott ETAL - Trustees Boulevard Motel Corp. Boulevard Motel Corp. Johnson & Johnson Vision Products 6460106 Johnson & Johnson Vision Products 6460103 City of Roanoke 6460102 City of Roanoke School Board 6472301 6472302 6490304 6490406 Newbem Properties LP U.S. Golf Properties LP Rafan LLC City of Roanoke Department of Finance City of Roanoke, Virginia May 3, 1999 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance March Financial Report This financial report covers the first nine months of the 1998-99 fiscal year. The following narrative discusses revenues and expenditures to date. REVENUE General Fund revenues reflect an increase of 7.17% or $7,074,000 compared to FY98. Variances in specific categories of revenues are as follows: General Property Taxes have increased 6.03% or $2,121,000. Real estate taxes are up 5.59% due to greater collections through March of FY99 than through March of FY98. Tax bills were mailed earlier this year and tax payments from several large mortgage corporations were received in advance. An increase of 3.25% was budgeted. The second installment of real estate taxes was due April 5, and personal property taxes are due June 1. Other Local Taxes are up 5.75% or $2,052,000. Sales tax rose $953,000 or 8.83%, in part due to a timing difference regarding the receipt of June 1998 tax. Taking this into consideration, sales tax is up 7.44%, largely due to better Christmas sales in FY99 than in FY98. Business and professional occupational license tax, which was due March 1, increased $280,000 or 2.97%. An increase of 1.87% was budgeted. Electric service utility tax revenue is also up. Revenue from Use of Money and Property decreased $133,000 Or 17.70% due to a decline in interest revenue resulting fi:om lower average daily cash balances in the General Fund. Grants-in-Aid Commonwealth are up $2,823,000 or 12.94%. Social services reimbursements fi:om the Commonwealth have increased across the board. Due to welfare reform, the City now receives more funding designated for day care service payments. Reimbursement received under the Comprehensive Services Act rose due to an increase in the number of clients served and the intensity of services provided. Grants-in-Aid Federal Government have decreased $17,000 or 49.68% due to a timing difference in the receipt of quarterly FEMA revenue. Miscellaneous Revenue increased 40.14% or $52,000 because the payment in lieu of taxes made by Roanoke Redevelopment and Housing Authority was received in February of FY99 but was not received until May of FY98. This increase was partially offset by a decline in proceeds fi:om the sale of surplus property. Internal Services are up $199,000 or 15.12% due to an increase of approximately $150,000 in the billing by Occupational Health Services to fund the employee health clinic. FY98 was the first year for such billings, and the amount of the billing has increased this year. Billings by street maintenance also rose. Honorable Mayor and Members Roanoke City Council May 3, 1999 Page 2 EXPENDITURES AND ENCUMBRANCES Expenditures and encumbrances in the General Fund have increased 8.05% or $10,004,000 since FY98. Personal service costs of many departments increased due to timing differences associated with payroll processing. Three payrolls were processed in March of 1999 while three payrolls were not processed until April of 1998. This timing difference caused personal services expenditures to increase approximately 5% through March. Other variances in individual expenditure categories are discussed below. General Government expenditures increased 16.19% or $1,232,000. CIS charges to the Commissioner of thc Revenue and the Treasurer rose due to systems development related to the personal property tax relief act. CIS charges to the Department of Finance increased due to systems development related to a new release of the accounting system. Expenditures of the Office of Billings and Collections are up due to thc purchase of computer equipment and increased CIS charges relating to the new utility information system. Judicial Administration expenditures are up $244,000 or 7.75% due to increased personal services costs by thc Sheriff and Commonwealth's Attorney. Circuit Court expenditures rose due to increased personal services costs and thc purchase of office furniture. Public Safety expenditures are up $2,634,000 or 9.58%. Expenditures by the Jail rose due to increased personal services costs and a decline in reimbursements received. CIS charges relating to the year 2000 and the new automated public safety system for the Police department also rose. Health and Welfare expenditures rose $2,824,000 or 19.54%. Due to welfare reform, the City now receives more funding designated for day care service payments. Day care service benefits provided to clients increased substantially from FY98 to FY99 as a result. Expenditures under the Comprehensive Services Act rose due to an increase in the number of clients served. Also contributing to this increase is the fact that many CSA clients now require more intensive services. Parks, Recreation and Cultural expenditures are up 9.69% or $308,000 as a result of increased expenditures and a decline in reimbursements received by the Recreation Department. CIS charges, publication and subscription expenditures, and personal services costs of the Library also increased. Transfer to Debt Service is up $865,000 or 9.10%. This increase is caused by an additional amount being transferred in FY99 for the principal and interest payment made on August 1, 1998 for the 1997 bonds. These bonds were issued during FY98 with payments starting in FY99. Also, a larger principal payment was required in August 1998 than in the prior year for the 1994 general obligation bonds, causing the transfer to debt service to increase. Nondepartmental expenditures rose 13.15% or $903,000 due to increased transfers to the Capital Projects fund resulting from the appropriation of funding for various construction projects. This increase is partially offset by a decrease in transfers to the Fleet Management fund. During FY98, CMERP funds of $830,000 were appropriated and transferred to purchase vehicular equipment, compared to $89,000 during FY99. I would be pleased to answer any questions which City Council may have regarding the monthly financial statements. Director of Finance JDG/THT Attachments Balance July 1, 1998 Ordinance Number Date CMT 138 07/31/98 33974 08/17/98 33985 08/17/98 CMT 142 08/19/98 CMT 318 08~24/98 34030 10/16/98 CMT367 10/20~98 CMT156 11/09/98 CMT172 01/25/99 CMT174 02/17/99 34159 02/19/99 CMT190 02/23~99 CMT187 03/08/99 CITY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE MARCH 3'1, '1999 Department Utilities & Operations Transfer to Grant Fund Transfer to Grant Fund Planning & Community Development Memberships & Affiliations Transfer to Capital Projects Fund Personnel Management Utilities & Operations City Council Commissioner of the Revenue Planning & Community Development Recreation City Council Balance March 31, 1999 Purpose Funding for a Portion of Shuttle Service to Victory Stadium on July 4 Local Match for Drug Prosecutor Grant Local Match for VJCCCA Grant Funding for Passenger Station Rezoning Advertising Roanoke Sister Cities Westview Terrace Property Acquisition Funding for Pilot Program for Diversity Training Funding for Soil Stabilization of Westview Terrace Property Funding to Install Reading Light on Council Chamber Dias Funding for the Cost of NADA Pricing of Vehicles Funding for Planning Staff- Neighborhood Planning Funding for 1998 United Way Campaign Expenses Additional Funding for Mayorial and City Council Honoraria $379,244 (2,967) (14,806) (2,545) (350) (2,500) (10,000) (7,000) (7,425) (1,068) (5,OOO) (35,942) (3,477) (3,OOO) $283,164 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Revenue Source General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Property Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Miscellaneous Revenue Internal Services Total Year to Date for the Period July I - Mar 31 July I - Mar 31 Percentage 1997-98 1998-99 of Change $35,153,210 $37,274,636 6.03 % 35,711,829 37,763,912 5.75 % 516,378 536,512 3.90 % 764,521 746,283 (2.39) % 750,604 617,710 (17.70) % 21,816,379 24,639,505 12.94 % 34,043 17,130 (49.68) % 2,526,211 2,500,402 (1.02) % 130,612 183,039 40.14 % 1,316,524 1,515,537 15.12 % $98,720,311 $105,794,666 7.17 % Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received $67,678,685 55.08% 52,032,919 72.58% 698,800 76.78% 1,035,000 72.10% 1,043,760 59.18% 41,271,178 59.70% 34,260 50.00% 3,271,270 76.44% 274,300 66.73% 2,133,773 71.03% $169,473,945 _ __62.43~ STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Current Fiscal Year July 1 - Mar 31 July 1 - Mar 31 Percentage Unencumbered Expenditure_s 1997-98 1998-99 of Change Balance General Government $7,607,942 $8,839,758 Judicial Administration 3,152,552 3,396,929 Public Safety 27,512,592 30,147,049 Public Works 18,879,640 19,593,088 Health and Welfare 14,457,299 17,281,661 Parks, Recreation and Cultural 3,175,217 3,482,794 Community Development 2,055,058 1,952,882 Transfer to Debt Service Fund 9,510,800 10,376,105 Transfer to School Fund 31,003,997 31,385,272 Nondepartmental 6,867,853 7,771,059 Total $124,222,950 $134,226,597 Percent of Revised Budget Appropriations Obligated 16.19 % $2,581,558 $11,421,316 77.40% 7.75 % 1,097,781 4,494,710 75.58% 9.58 % 10,094,887 40,241,936 74.91% 3.78 % 4,945,220 24,538,308 79.85% 19.54 % 7,640,884 24,822,545 69.62% 9.69 % 913,349 4,396,143 79.22% (4.97)% 851,279 2,804,161 69.64% 9.10 % 366,521 10,742,626 96.59% 1.23 % 10,461,757 41,847,029 75.00% _ 13.1_5 %_ . 1,124,230 8,895,289 87.36% 8.06 % $39,977,466 $174 204,063 77.05% 2 CITY OF ROANOKE, VIRGINIA SCHOOL FUND STATEMENT OF REVENUE Revenue Source State Sales Tax Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Transfer from General Fund Special Purpose Grants Total Year to Date for the Period July 1 - Mar 31 July 1 - Mar 31 Percentage 1997-98 1998-99 of Change $5,257,083 $5,607,979 23,442,820 25,547,485 1,470,462 1,523,661 1,991,239 2,177,098 31,003,997 31,385,272 6,138,105 7,306,251 $69,303,706 $73,547,746 Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received 6.67 % $8,269,520 67.82% 8.98 % 35,953,544 71.06% 3.62 % 2,924,162 52.11% 9.33 % 3,158,735 68.92% 1.23 % 41,847,029 75.00% 19.03 % 8,105,781 NA 6.12 % $100,258,771 73.36% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Current Fiscal Year July 1 - Mar 31 July I - Mar 31 Percentage Unencumbered Revised Expend itures 1997-98 1998-99 of Change Balance Appropriations Instruction $46,510,772 $49,087,922 5.54 % General Support 2,205,880 2,477,609 12.32 % Transportation 2,115,018 2,232,220 5.54 % Operation and Maintenance of Plant 6,790,836 6,813,296 0.33 % Food Services 2,819,018 2,962,390 5.09 % Facilities 2,352,479 1,438,703 (38.84) % Other Uses of Funds 3,606,368 4,069,324 12.84 % Special Purpose Grants 8,504,159 8,105,781 (4.68) % Total $74,904,530 $77,187,245 3.05 % $18,912,614 927,126 1,053,691 2,546,017 1,186,804 39,794 79,789 $24,745,835 $68,000,536 3,404,735 3,285,911 9,359,313 4,149,194 1,478,497 4,149,113 8,105,781 $101,933,080 Percent of Budget Obligated 72.19% 72.77% 67.93% 72.8O% 71.40% 97.31% 98.08% N/A 75.72% 3 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF MARCH 31, 1999 General Government Public Safety Community Development Recreation Sl~eets and Bridges Sanita~on Projects Traffic Engineering & Communications Other Infrastructure Projects Capital Improvement Reserve Total Expenditures Unexpended Outstanding Unobligated Budget To Date Balance Encumbrances Balance $21,251,641 $13,686,383 $7,565,258 $816,743 1,998,195 315,304 1,682,891 662,852 1,081,000 517,966 563,034 521,909 3,716,451 1,001,226 2,715,225 996,555 22,495,447 15,770,476 6,724,971 5,370,993 1,335,994 889,280 446,714 43,530 2,628,764 2,152,199 476,565 107,601 23,191,844 10,914,188 12,277,656 4,991,844 11,056,068 11,056,068 $88,755,404 $45,247,023 $43,508,381 $13,512,025 $6,748,515 1,020 039 41 125 1,718 670 1,353 978 403 184 368 964 7,285, 813 11,05~ 068 $29,996,366 CITY OF ROANOKE, VIRGINIA SCHOOL CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF MARCH 31, 1999 Education Capital Improvement Reserve Total Expenditures Unexpended Outstanding Unobligated Budget To Date Balance Encumbrances Balance $27,353,752 $22,176,860 $5,176,892 $4,845,854 (12,169,357) (12,169,357) $331,038 (12,169,357) $15,184,395 $22,176,860 ($6,992,465) $4,845,864 ($11,838,319) 4 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND COMPARATIVE STATEMENT OF REVENUES FOR THE 9 MONTHS ENDING MARCH 31, 1999 Interest Revenue: Interest on Bond Proceeds Interest on Idle Working Capital Total Interest Revenue Multi Year Revenues: Intergovernmental Revenue: Federal Government: Garden City Commonwealth: Garden City Public Works Service Center Virginia Western Community College-Signals Virginia Transportation Museum-ISTEA Government Opportunity Funds-Maple Leaf Second Street and Galnsboro Avenue Total Intergovernmental Revenue Revenue from Third PaRes: First Union Penalty Payment Roanoke Valley Detention Commission Miscellaneous Total Revenue from Third Parties Transfers from Other Funds Total FY1999 $846,508 528,740 1,375,248 398,936 26,283 100,000 71,503 109,150 705,872 6,000 700,000 706,000 4,475,885 $7,263,005 FY1998 $1,054,371 439,321 1,493,692 1,321,539 220,398 110,000 1,651,937 149,339 17,773 167,112 15,447,996 $18,760,737 5 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 9 MONTHS ENDING MARCH 31, 1999 Operating Revenues Commercial Sales Domestic Sales Industrial Sales Town of Vinton County of Roanoke City of Salem County of Botetourt County of Bedford Customer 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 Sale of Land Loss on Disposal of Fixed Assets Interest and Fiscal Charges Transfer to ClS Fund Transfer to Capital Projects Fund Net Nonoperating Expenses Net Income FY 1999 $2,354,361 2,233,352 178,127 16,217 1,243,215 13,888 84,322 4,010 291,563 6,419,055 1,115,049 2,512,603 1,051,369 4,679,021 1,740,034 236,136 40,801 24,301 325,000 (569) (998,880) (373,211 ) $1,366,823 FY1998 $2,295,619 2,143,349 167,586 16,988 1,035,876 3,633 402,465 6,065,516 1,015,616 2,488,245 1,043,182 4,547,043 1,518,473 315,517 15,511 31,007 (1,167,433) (172,371) (233,446) (1,211,215) $307,258 6 CITY OF ROANOKE, VIRGINIA SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 9 MONTHS ENDING MARCH 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 Depredation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Interest on Investments Miscellaneous Revenue Transfer to Capital Projects Fund Transfer to ClS Fund Loss on Disposal of Fixed Assets Net Nonoperating Revenues Net Income FY1999 $5,549 513 592107 100 889 387 334 77 674 101 075 86731 6,895,323 1,359,512 4,089,347 729,252 6,178,111 717,211 482,062 14,952 (4,382) 492,632 $1,209,843 FY 1998 $5,315,891 698,706 133,035 618,962 85,935 155,028 47,830 7,055,387 1,235,644 3,518,555 721,274 5,475,473 1,579,914 420,846 13,725 (37,071) (172,371 ) 225,129 $1,805,043 7 CITY OF ROANOKE, VIRGINIA CiViC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 9 MONTHS ENDING MARCH 31, 1999 Operating Revenues Rentals Parking Fees Event Expenses AdverlJsing Admissions Tax Camping Fees Electrical Commissions Novelty Fees Charge Card Fees Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenues (Expenses) Transfer from Other Funds Interest on Investments Loss on Disposal of Fixed Assets Miscellaneous Net Nonoperating Revenues Net Income (Loss) FY 1999 $482,292 155,436 150,806 4,379 138,930 1,560 9,700 199,888 43,607 25,717 1,212,314 877,665 965,183 296,003 2,138,851 (926,537) 858,771 54,477 (25,372) 2,503 890,379 ($36,158) FY 1998 $383,897 167,289 117,270 5,873 145,165 237,710 43,648 1,100,852 752,037 864,134 296,879 1,913,050 (812,198) 1,037,162 38,266 7,593 1,083,021 $270,823 8 CITY OF ROANOKE, VIRGINIA TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE 9 MONTHS ENDING MARCH 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 Depredation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Interest on Investments Interest and Fiscal Charges Transfer from General Fund Operating Subsidy for GRTC Transfer to Capital Projects Fund Miscellaneous Net Nonoperating Revenues Net Income FY 1999 $225,974 307,042 133,256 313,294 218,981 46,685 1,245,232 494,903 405,527 900,430 344,802 11,186 (425,747) 1,214,506 (771,195) 4,338 33,088 $377,889 FY 1998 $205,770 305,783 124,152 286,359 183,934 71,777 1,177,775 595,598 405,268 1,000,866 176,909 29,212 (436,386) 1,097,773 (400,000) (29,682) 2,343 263,260 $440,169 9 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 9 MONTHS ENDING MARCH 31, 1999 FY1999 CONFERENCE COMMISSION (1) CENTER (2) TOTAL FY1998 Operating Revenues Conference Center Total Operating Revenues $ - $ 2,087,931 $ 2,087,931 2,087,931 $ 2,069,959 2,087,931 2,069,959 Operating Expenses Commission Conference Center Total Operating Expenses 221,919 221,919 60,719 1,896,621 1,896,621 1,822,530 221,919 1,896,621 2,118,540 1,883,249 (221,919) 191,310 (30,609) 186,710 Net Operating Income (Loss) Nonoperating Revenues (Expenses) Contributions from City of Roanoke Contributions from Virginia Tech Proceeds from Brick Sales Interest on Investments Conference Center 131,250 131,250 34,140 131,250 131,250 131,250 131,250 572 34,140 20,277 (98,933) (107,937) Net Nonoperating Revenues (Expenses) (98,933) 296,640 (98,933) 197,707 175,412 Net Income Before Depreciation 74,721 92,377 167,098 362,122 Depreciation Expense/Replacement Reserve 348,741 41,760 390,501 389,942 Net Income (Loss) Notes to Financial Statement: ($274,020) $50,617 ($223~403) ($27,820) (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 9 MONTHS ENDING MARCH 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 Gain on Sale of Trigon Common Stock Transfer from Other funds Transfer to Other Funds Loss on Disposal of Fixed Assets Net Nonoperating Revenues (Expenses) Net Income {Loss) TOTALS City Information Materials Management Utility Line Fleet Risk Systems Control Services Services Management Management FY 1999 FY 1998 $3,026,858 $114,305 $93,218 $2,535,113 $2,706.595 $4,841,808 $13,318,898 $10,951,335 3,026,858 114,305 93,218 2,536,113 2,706,595 4,841,808 13,31R_,__~9~_ 10,951,~.~. 1,243,154 79,858 20,189 1,843,251 971,211 146,211 4,303,873 3,768,324 736.536 11,120 114,587 391,950 748,447 5,241.807 7,244,448 6,619,077 362,769 1,372 10,407 108,017 1,282,020 1,762,584 1,774,696 2,342,459 92,350 145,183 2,341,218 3,001,678 5,388,018 13,310,905 12,162,_nn7 684,399 21,956 (51,965) 194,895 (295,083) (545,210) 7,992 (1,210,7l~2) 143,158 (3,600) 8,554 55,958 33,537 370,466 608,070 614,217 ' 276,713 845,787 88,953 250,000 1,187,740 2,633,874 ' (473,972) (9,938) (49,580) - (59,438) 982,007 (3,600) (,10,946) 55,956 122,480 620,466 1,736,372 3,050,_;~ $1,666,405 $18,356 ($92,911 ) $250,951 ($172,593) $74,256 $1,744,395 $1,840,070 11 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED MARCH 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 MARCH 31, 1999. BALANCE AT BALANCE AT BALANCE FUND FEB 28, 1999 RECEIPTS DISBURSEMENTS MAR 31, 1999 MAR 31, 1998 GENERAL ($12,653,211.04) $23,480,523.83 WATER 6,199,958.61 432,878.10 SEWAGE 9,739,347.68 3,499,746.20 CIVIC CENTER 1,417,870.70 279,581.98 TRANSPORTATION 500,641.64 148,575.99 CAPITAL PROJECTS 34,030,606.52 566,615.32 CONFERENCE CENTER 923,960.84 47,983.33 JUVENILE DETENTION 3,680,324.77 16,471.15 DEBT SERVICE 10,813,279.36 222,391.47 CITY INFORMATION SYSTEMS 4,579,891.17 745,220.21 MATERIALS CONTROL (42,431.82) 81,383.33 MANAGEMENT SERVICES 241,234.09 6,072.89 UTILITY LINES SERVICES 1,853,705.37 67,838.52 FLEET MANAGEMENT 1,607,662.55 125,003.96 PAYROLL (9,698,805.14) 13,010,737.82 RISK MANAGEMENT 10,248,376.96 424,963.10 HIGHER EDUCATION AUTH 5,012,720.10 19,812.78 PENSION 1,031,526.48 471,932.95 SCHOOL FUND 9,541,164.50 5,287,377.45 SCHOOL CAPITAL PROJECTS (3,017,181.75) 35,554.71 FDETC 78,705.76 263,374.66 GRANT 973,518.45 . 121,329.28 TOTAL $14,363,051.32 206,4O8.30 3,624,740.63 265,096.65 86,598.78 1,911,889.93 18,269.64 804,162.72 252.68 203,913.98 114,455.95 55,359.96 72,680.95 117,779.98 14,870,859.21 464,496.07 7,686.65 882,253.43 5,722,209.02 789,801.97 259,271.19 ($3,535,738.53) 6,426,428.41 9,614 353.25 1,432 356.03 562,618.85 32,685 331.91 953 674.53 2,892 633.20 11,035 418.15 5,121 197.40 (75,504.44) 191,947.02 1,848,862.94 1,614,886.53 (11,558,926.53) 10,208,843.99 5,024,846.23 621,206.00 9,106,332.93 (3,771,429.01) 82,809.23 $111,628.51 6,627,625.06 19,586,785.75 1,125,471.30! 477,226.60 i 42,857,435.01 i 845,916.211 0.00 ' 11,111,909.51 2,486,992.99 (96,995.98)i 260,262.01 1,843,941.20! 1,312,177.34 (9,350,234.16)i 9,372,197.36 0.00 61,544.59 6,191,174.03 = 0.00 46,947.24. _ ~5~,241.74 739,605.99 309,960.55i $77,062 865.80 $49 355 369 03 $45,196,480.75 $81,221,754.08 $95,181,965.12 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 MARCH 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 $42,840.47 1,402,348.79 11,519,000.00 12,952,329.17 9,984,300.00 17,121,495.55 8,000,000.00 2,925,262.53 17,274,177.57 DATE: APRIL 13, 1999 12 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 9 MONTHS ENDING MARCH 31, 1999 Revenue Contributions Investment Income Gain on Sale of Investments Bond Discount Amortization To~lRevenue 1999 $4,050,453 6,283,427 6,239,269 18,509 $16,591,658 1998 $4,150,172 5,819,290 9,866,726 2,218 $19,838,406 Pension Payments Fees for Professional Services Bond Premium Amortization Active Service Death Benefits Administrative Expense City Supplement to Age 65 To~lExpenses Net Income $7,143,068 509,804 149,072 233,746 29,574 8,065,264 $8,526,394 $6,688,555 444,896 228,441 21,621 215,722 7,599,235 $12,239,171 13 CITY OF ROANOKE PENSION PLAN BALANCE SHEET MARCH 31, 1999 Assets Cash Investments: (market value: Due from Other Funds Other Assets Total Assets 1999 $334,007,186 1998 $298,262,455) 1999 $621,159 235,632,822 9,984 18,000 $236,281,965 1998 $60,296 223,413,613 18,000 $223,491,909 Liabilities and Fund Balance Liabil~es: Due to Other Funds Accounts Payable Total Liabilities Fund Balance: Fund Balance, July 1 Net Income - Year to Date Total Fund Balance Total Liabilities and Fund Balance $863,437 2,0gg 865,536 226,890,035 8,526,394 235,416,429 $236,281,965 $748,881 748,881 210,503,857 12,239,171 222,743,028 $223,491,909 14 Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk May 4, 1999 File #57-60 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. 34260-050399 declaring the City's intent to reimburse itself $548,611.00, 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 construction of new concrete sidewalks, entrances, curb and gutter, Phase IV improvements. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 3, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: James D. Grisso, Director of Finance William F. Clark, Director, Public Works Dolores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Alicia F. Stone, Accountant, Contracts and Fixed Assets, Department of Finance H:~AGENDA99~4AY3. I James D. Ritchie, Sr. May 4, 1999 Page 2 pc: Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget D. Darwin Roupe, Manager, Supply Management H:kAGENDA99'~Ay3,1 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 199'9. No. 34260-050399. 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 construction of New Concrete Sidewalks, Entrances, Curb and Gutter, Phase IV improvements; and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke 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 $548,611 appropriated by an ordinance simultaneously adopted by the City Council on May 3, 1999, for certain expenditures to be made for construction of New Concrete Sidewalks, Entrances; Curb and Gutter, Phase IV, 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 expected to be issued for the construction of New Concrete Sidewalks, Entrances and Curbs, Phase IV, is $548,611. 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 1 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 Virginia Freedom of Information Act, §2.1-340 et seq., Code of Virginia (1950), as amended. 4. This Resolution shall be effective on and after the date of its adoption. ATTEST: City Clerk. H :/measures\R-intent. 16 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 May 4, 1999 File #57-60 William D. Gee, President H. & S. Construction Company P. O. Box 6226 Roanoke, Virginia 24017 Dear Mr. Gee: I am enclosing copy of Ordinance No. 34259-050399 accepting the bid of H. & S. Construction Company, in the amount of $588,611.00, for construction of new concrete sidewalks, entrances and curbs, and Phase IV improvements throughout the City of Roanoke. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 3, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure pc: The Honorable Sherman A. Holland, Commissioner of the Revenue James D. Ritchie, Sr., Acting City Manager James D. Grisso, Director of Finance William F. Clark, Director, Public Works Dolores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Alicia F. Stone, Accountant, Contracts and Fixed Assets, Department of Finance Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget D. Darwin Roupe, Manager, Supply Management IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of May, 1999. No. 34259-050399. AN ORDINANCE accepting the bid of H. & S. Construction Company, for the construction of New Concrete Sidewalks, Entrances, Curb and Gutter, Phase IV, improvements throughout the City, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of ri. & S. Construction Company, made to the City in the total amount of $588,611, for the construction of New Concrete Sidewalks, Entrances, Curb and Gutter, Phase IV, improvements throughout the City of Roanoke, as is more particularly set forth in the report to this Council dated May 3, 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 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. 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 May 4, 1999 File #57-60 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34258-050399 amending and reordaining certain sections of the 1998-99 Capital Projects Fund Appropriations, providing for appropriation of $548,611.00, in connection with a contract with H. & S. Construction Company, in the total amount of $588,611.00, for construction of new concrete sidewalks, entrances and curb, Phase IV. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 3, 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 William F. Clark, Director, Public Works Dolores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician H:~GENDA99'~IAY3,1 James D. Grisso May 4, 1999 Page 2 pc: Alicia F. Stone, Accountant, Contracts and Fixed Assets, Department of Finance Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget D. Darwin Roupe, Manager, Supply Management H:~AGENDA99~IAY3.1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of May, 1999. No. 34258-050399. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Capital Projects Fund, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Capital Projects Fund Appropriations, hereby, amended and reordained to read as follows, in part: Am)ro~riations Streets and Bridges Sidewalks and Curbs Phase IV (1-2) ......................... Capital Improvement Reserve Public Improvement Bonds Series 2000 (3) .................... be, and the same are $ 23,246,461 648,611 10,791,638 1,774,282) 1 ) Appropriated from Bond Funds 2) Appropriated from General Revenue 3) Streets and Bridges (008-052-9541-9001) (008-052-9541-9003) (008-052-9709-9191 ) $ 548,611 100,000 (548,611) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. May 3; 1999 . Council Report No. 99-126 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT NEW CONCRETE SIDEWALKS, ENTRANCES AND CURB - PHASE IV BID NUMBER 99-3-43 We, the undersigned Bid Committee, hereby submit the attached report for your consideration. Respectfully submitted, Carroll E. Swair~Chairman W. Alvin Hudson William F. Clark Charles M. Huffine C ES/J G B/bs Attachment: Bid Committee Report C: Acting City Attorney City Clerk Director of Finance Director of Public Works Assistant to the City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Acting Budget Administrator Manager, Office of Supply Management Commissioner of the Revenue May 3, 1999 Council Report No. 99-126 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT NEW CONCRETE SIDEWALKS, ENTRANCES AND CURB - PHASE IV BID NUMBER 99-3-43 I concur with the Bid Committee recommendation relative to the above project and recommend it to you for appropriate action. Sincerely, es D. Ritchie Acting City Manager JDR/JGB/bs Attachment: Bid Committee Report C: Acting City Attorney City Clerk Director of Finance Director of Public Works Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Acting Budget Administrator Manager, Office of Supply Management Commissioner of Revenue May 3, 1999 Council Report No. 99-126 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT NEW CONCRETE SIDEWALKS, ENTRANCES AND CURB - PHASE IV BID NUMBER 99-3-43 Background on the subject in chronological order is as follows: New concrete sidewalks, entrances, curb and .qutter improvements are to bo constructed throu.qhout the City as part of the 1996, 1997 and 2000 Bond Issues. B. Phase I and Phase II construction is completed. C. Phase III is under construction. $2,000,000 was approved in the 1997 Bond Referendum for curb/sidewalk. Future projects in 2000 and beyond are anticipated. Projects in the $300,000 - $600,000 ranqe can be bid more competitively by local contractors. II. Current situation is as follows: Bids for Phase IV improvements have been advertised and were publicly opened and read aloud by D. Darwin Roupe, Manager, Office of Supply Management, on Tuesday, April 13, 1999. One bid was received with H. & S. Construction Company, Roanoke, Virginia submitting the only bid in the amount of $588,611. Project consists primarily of constructing 20,000 square feet of sidewalk and 15,000 linear feet of curb. (See Attachment A.) Co Street selection was developed from various surveys (neighborhood questionnaires, staff recommendations) and the new process for evaluating citizens' requests. Honorable Mayor and Members of City Council BID COMMITTEE REPORT NEW CONCRETE SIDEWALKS, ENTRANCES AND CURB - PHASE IV BID NO. 99-3-43 May 3, 1999 Page 2 III. Issues in order of importance are as follows: A. Cost B. Funding IV. Alternatives in order of feasibility are as follows: Authorize the City Manager to execute a unit price contract with H. & S. Construction Company, Roanoke, Virginia, in a form approved by the City Attorney, in the amount of $588,611, with 365 calendar days for completion, with a project contingency of $60,000. 1. Cost is 5.7% above the Engineer's estimate, but is considered reasonable. Funding will be available from the proceeds of the Series 2000 Bonds and may be appropriated. Funding is also available in the Transfer to Capital Projects Fund account number 001-004-9310-9508. Do not authorize the City Manager to execute a unit price contract with H. & S. Construction Company. 1. Cost would be based on future bids. Funding would remain in the anticipated bond proceeds of the 1997 Bond Issue and in Capital Projects Fund Balance. Recommendation is as follows: City Council concur in alternative "A" and take the following actions: Authorize the City Manager to execute a unit price contract with H. & S. Construction Company, Roanoke, Virginia for the New Concrete Sidewalks, Entrances and Curb - Phase IV Project, in the amount of $588,611, and authorize a project contingency of $60,000. Honorable Mayor and Members of City Council BID COMMITTEE REPORT NEW CONCRETE SIDEWALKS, ENTRANCES AND CURB - PHASE 1V BID NO. 99-3-43 May 3, 1999 Page 3 Co Do Transfer $548,611 from the sale of Public Improvement Bonds - Series 2000 Streets and Sidewalks to an account to be established by the Director of Finance in the Capital Projects Fund entitled "Sidewalk and Curbs Phase IV". Appropriate $100,000 from Transfer to Capital Projects Fund account number 001-004-9310-9508 to the same "Sidewalk and Curbs Phase IV" account. Adopt a resolution declaring the City's intent to reimburse itself $548,611 from the proceeds of the Series 2000 Bonds for New Concrete Sidewalks, Entrances and Curbs. The maximum principal amount of debt expected to be issued for the new Concrete Sidewalks, Entrances and Curbs is $548,611. JGB/bs Attachment: Bid Tabulation C,' Acting City Attorney City Clerk Director of Finance Acting Assistant City Manager Director of Public Works Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Acting Budget Administrator Manager, Office of Supply Management Commissioner of Revenue TABULATION OF BIDS NEW CONCRETE SIDEWALKS, ENTRANCES AND CURB - PHASE IV ROANOKE, VIRGINIA PROJECT NUMBER 6080-E BID NUMBER 99-3-43 Bids were opened by D. Darwin Roupe, Manager, Office of Supply Management, on Tuesday, April 13, 1999, at 2:00 p.m. Estimated Cost: $555,100 Office of the City Engineer Roanoke, Virginia May 3, 1999 ATTACHMENT A PROJECT LOCATIONS Kirk Avenue, S.E. 16th Street to 17th Street Wayne Street, N.E. Noble Avenue to Forest Hill Avenue Carlton Road, S.W. (north side) Devon Road to Devon Road Warwick Street, S.W. (east side) Alley to Russell Avenue Russell Avenue, S.W. (south side) Warwick Street to Rolfe Street Rolfe Street, S.W. (west side) Roanoke Avenue to Russell Avenue Sherwood Avenue (north side) Mt. Vernon Road to Wakefield Road Andrews Road, N.W. (south side) Existing to Florida Avenue Oliver Road, N.E. Hurst to Christian Avenue 20~ Street, N.W. Staunton Avenue to Hanover Avenue Delaware Avenue, N.W. 2422 Delaware Avenue to LaFayette Avenue Cove Road, N.W. (south side) LaFayette Avenue to Aspen Street Femcliffe Avenue, N.W. (south side) Home Depot to Routt Road Stewart Avenue, S.E. 12t~ Street to 13th Street 194 Christian Avenue, N.E. On Oliver Road (curb) 527 Highland Avenue, S.E. Sidewalk 1719 Sherwood Avenue, S.W. Curb 4301 Holmes Street, N.E. Curb & Sidewalk 900 Block Jamison Sidewalk 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 Cit3 Clerk May 4, 1999 File #60-514 M. Wayne Hylton, Jr., Vice President S. R. Draper Paving Company 4742 Old Rocky Mount Road Roanoke, Virginia 24014 Gary W. Wright, Executive Vice President Adams Construction Company P. O. Box 12627 Roanoke, Virginia 24027 Gentlemen: I am enclosing copy of Ordinance No. 34262-050399 accepting the bid of L. H. Sawyer Paving Co., Inc., in the amount of $1,681,099.60, for construction of asphalt concrete overlays and pavement profiling of various streets within the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 3, 1999. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the abovedescribed project. MFP:Io Sincerely, Mary F. Parker, CMC/AAE City Clerk Enclosure 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. EAK1N Deputy Cit) Clerk May 4, 1999 File #60-514 Stanley H. Puckett, President L. H. Sawyer Paving Co., Inc. 496 Glenmore Drive Salem, Virginia 24153 Dear Mr. Puckett: I am enclosing copy of Ordinance No. 34262-050399 accepting the bid of L. H. Sawyer Paving Co., Inc., in the amount of $1,681,099.60, for construction of asphalt concrete overlays and pavement profiling of various streets within the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 3, 1999. Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure pc: James D. Ritchie, Sr., Acting City Manager James D. Grisso, Director of Finance William F. Clark, Director, Public Works Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician D. Darwin Roupe, Manager, Supply Management IN THECOUNC~ OF THEC~Y OF ROANOKE, VIRGINIA The 3rd day of May, 1999. No. 34262-050399. AN ORDINANCE accepting the bid ofL. H. Sawyer Paving Company, Inc., for paving and profiling of various streets, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid ofL. H. Sawyer Paving Company, Inc., made to the City in the total amount of $1,681,099.60 (base bid plus Alternate No. 1), for paving and profiling of various streets within the City of Roanoke, as is more particularly set forth in the report to this Council dated May 3, 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 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 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 May 4, 1999 File #60-514 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34261-050399 amending and reordaining certain sections of the 1998-99 General Fund Appropriations, providing for appropriation of $350,000.00, in connection with a contract with L. H. Sawyer Paving Co., Inc., for construction of asphalt concrete overlays and pavement profiling of various streets within the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 3, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: James D. Ritchie, Sr., Acting City Manager William F. Clark, Director, Public Works Sherman M. Stovall, Acting Budget Administrator, Office of Management and Budget Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician D. Darwin Roupe, Manager, Supply Management H:~AGENDA99~AY3.1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of May, 1999. No. 34261-050399. AN ORDINANCE to amend and reordain certain sections of the 1998-99 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Works $ 24,964,600 Paving Program (1) ........................................ 1,547,112 Fund Balance Reserved for CMERP - City (2) ................................ $ 775,439 1) Fees for Professional Services 2) Reserved for CMERP-City (001-052-4120-2010) (001-3323) $350,000 (350,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. May 3, 1999 No. 99-127 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: Bid Committee Report Asphalt Concrete Overlays and Pavement Profiling Of Various Streets Within the City of Roanoke Bid Committee Report attached is for paving and profiling of various streets within the City of Roanoke. The 35,510 tons of asphalt will pave approximately 64 lane miles. City street paving program's current ten-year average is shown on Attachment I. The average number of lane miles paved during this ten-year period is 65 which is greater than the 57 lane-mile goal each year. Recommendation is that City Council approve the recommendations of the Bid Committee Report. Respectfully submitted, Ritchie ^ct~l City Manager JDR/RKB/gpe Attachments copy: City Attorney Director of Finance Director of Public Works Budget Administrator City Engineer Traffic Engineer Construction Cost Technician Manager, Supply Management May 3, 1999 No. 99-127 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: Bid Committee Report Asphalt Concrete Overlays and Pavement Profiling of Various Streets Within the City of Roanoke Background Bids were received in the Supply Management office on April 13, 1999. These bids were publicly opened and read aloud for Asphalt Concrete Overlays and Pavement Profiling of various streets within the City of Roanoke. Three (3) bids were received and referred to the Bid Committee for review and report back to City Council. The Iow bid, in the amount of $1,583,749.60, was submitted by L. H. Sawyer Paving Company, Inc. (of Salem, Virginia). Alternate No. 1 (raising manholes) was bid at $97,350.00, resulting in a total bid of $1,681,099.60. City Council has directed the Administration to give "every consideration" to maintaining a 20-year paving cycle on City streets. The 20-year paving cycle requires that 57 lane-miles be paved each year within the City of Roanoke. (See Attachment I.) Street conditions investigated by Streets & Traffic Department indicate that 85 lane-miles of streets are rated in the "A" category. This category includes streets which are identified as being in the greatest need of resurfacing. These determinations are based upon professional field judgement which examines the extent of various types of pavement deterioration such as cracking, rutting and raveling. Based upon funds available at the time of project advertisement, 64 lane-miles were included in the work advertised for bids. Funding sources totaling $1,7691392.00 are listed on Attachment II and would provide a unit price contract of $1,681,099.60 for 35,510 tons of asphalt which will enable the resurfacing of 64 lane-miles of streets at prices contained in the Iow bid as shown on Attachment III. The contingency of $88,292.40 is needed for: Mayor Bowers and Members of Council No. 99-127 Bid Committee Report -Paving Page 2 May 3, 1999 II. III. Funding for a portion of the cost to repave Franklin Road from Wiley Drive to Beechwood Drive (due to the Water Line Replacement Project ($60,000)). Vehicle detectors (wire loops embedded in the pavement surface at signalized intersections) that will be destroyed as a result of the pavement profiling needed under this paving program ($20,000.00). 3. Replacement of directional arrows on the pavement ($8,292.40). One of the funding sources is the Fiscal Year 1999-2000 Paving Program monies in the amount of $1,410,793.00. Therefore, the proposed contract is based upon funds included in the Fiscal Year 1999-2000 recommended budget to be adopted on May 11,1999. The remaining funding includes $350,000.00 provided by CMERP (which will be sufficient to cover contract expenditures prior to June 30, 1999) and $8,599.00 existing in the Paving Program account. Issues: A. Compliance of the bidders with the requirement of contract documents. B. Amount of the Iow bid. C. Funding for construction. D. Time of completion. E. Goals and objectives. Alternatives: Award the contract to L. H. Sawyer Paving Company, Inc., in the amount of $1,681,099.60 (base bid plus Alternate No. 1) for paving, and establish a contingency in the amount of $88,292.40 in a form acceptable to the City Attorney. Compliance of the bidder with the requirements of the contract documents was met. Amount of the Iow bid is acceptable. The $31.46 price per ton of asphalt is 7.4 percent greater than last year's price of $29.30. 3. Funding for the project is available in the accounts listed in Attachment II to pave 64 lane-miles. Mayor Bowers and Members of Council No. 99-127 Bid Committee Report -Paving Page 3 May 3, 1999 4. Time of completion of the project is 180 days. 5. Goals and objectives of paving program are met. Award the contract to L. H. Sawyer Paving Company, Inc., in the amount of $2,269,484.00 (Increased base bid plus Alternate No. 1) for paving, and establish a contingency in the amount of $100,000.00 in a form acceptable to the City Attorney. 1. Compliance of the bidder with the requirements of the contact document was met. Amount of the Iow bid is acceptable. The $31.46 price per ton of asphalt is 7.4 percent greater than last year's price of $29.30. Contract amount, which will allow the City to pave 85 lane miles, is $598,384.40 more than the Iow bid total (including Alternate No. 1). The Streets and Traffic Department can increase the appropriate quantities, as bid on a unit price basis. Project specifications state that the City reserves the right to add to or to decrease the quantities listed in the Bid Form in an amount that would not exceed 35 percent of the total accepted Base Bid, without renegotiation of the unit prices. Funding is not available for the additional .$610,092.00 (for increased quantities and increased contingency) that would be needed to pave an additional 21 lane-miles, thereby paving all 85 lane-miles of A- rated streets. Time of completion of the project would be increased by 60 days to a new total of 240 days. 5. Goals and objectives of paving program are met. Reject all bids and do not pave the City streets this year. Compliance with requirements of the contract documents would not be an issue. Amount of the bid price would probably be higher if re-bid at a later date. Funding would not be spent at this time. Time would become a factor in the deterioration of streets that need paving now. 5. Goals and objectives of paving program are not met. Mayor Bowers and Members of Council No. 99-127 Bid Committee Report -Paving Page 4 May 3, 1999 IV. Recommendation is that City Council concur in Alternative "A" and take the following specific actions: Award the contact to L. H. Sawyer Paving Company, Inc., in the sum of $1,681,099.60, and establish a contingency in the amount of $88,292.40 in a form acceptable to the City Attorney. B. Appropriate $350,000.00 in CMERP funding to Street Paving Account No. 001-052-4120-2010. C. Reject the other bids received. Respectfully submitted, W. Alvin Hudson, Vice Chairman William F. Clark D. Darwin Roupe CES/RKB/gpe Attachments: copy: 10 Year Summary (Attachment I) Funding Sources (Attachment II) Tabulation of Bids (Attachment III) Street Paving/Profiling List Street Paving Map City Attorney Director of Finance City Manager Budget Administrator City Engineer Traffic Engineer Construction Cost Technician Manager, Supply Management ATTACHMENT I CITY OF ROANOKE STREET PAVING PROGRAM 10 YEAR PERIOD Approximate COST TOTAL YEAR Lane Miles per ton CONTRACT 1990 57 24.61 $ 901,532.60 1991 70 21.77 $1,071,723.00 1992 75 20.23 $ 951,807.05 1993 60 24.61 $ 985,000.00 1994 57 26.15 $1,462,488.30 1995 76 26.49 $1,411,105.40 1996 67 26.37 $1,379,883.00 1997 57 29.39 $1,394,532.80 1998 67 29.30 $1,524,258.00 1999' 64 31.46 $1,681,099.60 TOTAL 650 $12,763,420.75 Ten-Year Avg. 65.0 *Paving Program proposed by this report Engineering/Attachment I/paving99 ATTACHMENT II FY 1999 - 2000 PAVING PROGRAM I TOTAL FUNDING REQUIRED .................................. $1,769,392.00 Funding Sources: PART A (Fiscal Year 1999) Capital Maintenance and Equipment Replacement Program Annual Paving Program (001-052-4120-2010) 350,000.00 8,599.00 358,599.00 PART B (Recommended Fiscal Year 2000 Budget) Annual Paving Program (001-052-4120-2010) TOTAL 1,410,793.00 $1,769,392.00 Engineering/Attachment II/Paving99 ATTACHMENT III TABULATION OF BIDS FOR ASPHALT CONCRETE OVERLAYS AND PAVEMENT PROFILING OF VARIOUS STREETS WITHIN THE CITY OF ROANOKE Bids opened Tuesday, April 13, 1999, 2 p.m. L. H. Sawyer Paving Adams Construction S.R. Draper Paving Company, Names of Bidding Companies ................ Company, Inc. Company Inc. PROPOSAL UNIT TOTAL UNIT TOTAL UNIT BID ITEM QUANTITIES PRICE AMOUNT PRICE AMOUNT PRICE TOTAL AMOUNT Type SM-2A Bituminous Concrete 22,070 Tons 31.46 694,322.20 32.71 721,909.70 34.25 755,897.50 Type SM-2A Bituminous Concrete (non-polishing) 8,260 Tons 37.19 307,189.40 37.14 306,776.40 38.00 313,880.00 Type SM-2B Bituminous Concrete 1,920 Tons 31.33 60,153.60 34.16 65,587.20 34.25 65,760.00 Type SM-3C Bituminous Concrete (non-polishing) 3,180 Tons 36.91 117,373.80 35.57 113,112.60 39.40 125,292.00 Type BM-2 Bituminous Concrete 80 Tons 48.72 3,897.60 47.94 3,835.20 40.00 3,200.00 Tack Coat 11,600 Gal 0.97 11,252.00 1.01 11,716.00 1.12 12,992.00 Asphalt profiling 1" thick Type "B" 40,400 S.Y 2.22 89,688.00 2.30 92,920.00 2.32 93,728.00 Asphalt profiling 1" thick Type "D" 150,300 S.Y. 1.81 272,043.00 1.73 260,019.00 1.82 273,546.00 Concrete profiling 1" thick Type "D" 5,500 S.Y. 5.06 27,830.00 5.72 31,460.00 4.55 25,025.00 SUB-TOTAL (Base Bid) $1,583,749.60 $1,607,336.10 $1,669,320.50 Adjust Manholes (Brick/Portland Cement) 310 ea. $165.00 $51,150.00 $170.00 $52,700.00 $180.00 $55,800.00 Adjust Manholes (Metal Risers) 280 ea. $165.00 $46,200.00 $140.00 $39,200.00 $145.00 $40,600.00 SUB-TOTAL (Alternate No.1) $97,350.00 $91,900.00 $96,400.00 TOTAL BID $1,681,099.60 $1,699,236.10 $1,765,720.50 Engineer's Estimate $1,610,550 (base bid only) Engineering/Attachment III/paving99 LINEAL AVERAGE APPROX. ACTUAL PROFILING APPROX. Itlortheas. t FEET WIDTH TONNAGE TONNAGE TYPE SQ~ YDS. COMMENTS LOCATION FROM TO Shenandoah Valley Ave. III Webb Fugate 1,100 21 240 Fu~a~e Road II Shenandoah Valley Plad[a[;on 400 24 100 Th,,~s[on Ave. III Coi.a;~ Pla.[a{Jon 800 20 t70 :orest Hill Ave. II Willlareson 414 Focust Hill 1,200 25 340 i/llll as needed to hold down Holley Rd; II Fo,es{ Hill Noble 950 23 220 D t,000 elevation Noble Ave. II Wayne Coitj,~[,, 580 2t 130 Colgate St. II Maddock Thu~ 320 28' t00 Liberty Rd. (EB} ! ~ Holllns , t00 20 60 D 1,000 Mill 4" deep;SM-3C;NP Oliver Rd. II Ch,;~;an ~e~on 300 29 t00 D t,600 Mill 1~/~ Orange Ave. (EB) left lane & turn D 10,000 2;SM-3C;NP lanes) I King City Lirelt 3,000 t3 680 Orange Ave. 0NB) (Including turn 20,000 2;SM-3C;NP lanes) I City Urelts King 3,000 26 t,200 D Orange Ave. (WB) I 20= St. 13~ SL 3,000 26 t,200 D 20,000 2;SM-3C;NP Northwest LOCATION Show'alter Rd. Masters Cir. Bamett Rd., Barnett Cir. II Deal Rd' )M II Northwood II Showalter Thrush Dr. ~anch Rd. Melrose Ave. Hazelrldge Rd. Hollyhock Rd. II Greenridge II Deaner III Cove I Salem Tnpk Iii Bonhill Bonhill Dr. III Vincent Ave. II Maplelawn Ave. II Queen Ave. il ock Hollyhock _ Rushwood tdhurst TO Barnett Dead End Northwood Dead End Thrush Eugene Lewlston Lafayette E~onhill Dead End Florist Hazelridge Hazelridge End LINEAL FEET 1,600 370 1,430 320 800 AVERAGE WIDTH 2,100 8O0 31 33 32 t,060 32 2,270 32 65 1,060 950 300 420 1,400 34 Z3 ~,PPROX. TONNAGE 120 6OO 110 270 350 ~$0 1,200 280 380 34O 1to t00 35O ACTUAL TONNAGE PROFILING TYPE B B APPROX. SQ, YDS. 3,600 t3,000 1,300 1,700 1,600 D 1,200 4OO D 200 COMMENTS Mill I pass each side;CitY underdraln Mill I pass each side Mill I pass each aide Mill t pass each side Mill all Mill 1 side Mill one spot as needed LINEAL AVERAGE ~PPROX. ACTUAL PROFILING APPROX. ~orthwetst page 2 FEET WIDTH TONNAGE TONNAGE TYPE SQ. YDS. COMMENTS LOCATION i FROM TO · ~- I _ ~ ~ ~1~1 ~ ~m~mll ~ ~ _- . '--,i __M_~?!elawn Ave. II Wlli;e,~on Wlnsloe 1,320 30 410 B t,000 Mill t side Rush St. II Courtland Dead End 270 30 80 Short St. II Courtland Dead End 600 24 150 · ;e~.~tt View Ave. II Court Oakland 850 34 300 D 3,200 Mill all Court St. II P!e=__-ant View Valley View 690 20 t80 Oakland Blvd. II Gmenhurst Dead End 430 33 t60 Peters Creek Rd. (SB) I ~ ValleyPo;,~e .. 400 48 260 B 1,000 400' & thru ;,,~,,.~c~;on (2' o~,;,ay);Mil! as nee~-e~-:NP Rutgere St. I Towne Square K&W Entrance 1,200 46 750 B 2,000 Mill I pasi each aide; 2" SM-2B Towne Square Blvd. I Aviation 300' w. of Airport Rd. 1,850 46 t,170 B 3,000 Mill t pas~ each slde;2"SM-2B Barnes Ave. III Airport End City Maintenance 2,900 20 800 ' 2" Over;ay Airport Rd. I Municipal Cargo e~,-ance 2,600 30 t,070 B 200 2" Over;ay;Mill 300' edge aa needed;NP =e~,~ Creek Rd. (NB) I Left Turn at Valley Po;,,[e 200 14 ! t20 D 2,000 Mill 6";4" base BM-2;2" BM-3CNP Darhan~ SL II 4uff Ruiners 1,480 34 620 D 5,600 Mill all ~uff Ln. II 3urham Chumhlll 900 20 190 Edinburgh Dr. II Huff Eden 2,000 34 700 B 3,000 Mill t pass each side (Rutgem to Huff) Spee~v;=~l. Ave. II Durham Churchill 690 23 170 Florist Rd. II Hershberger Frontier t,860 34 680 B 3,100 Mill both s;Ge~ as needed 11~ St. III Shenandoah Orange ~?~0 40 920 D 900 Mill % block full width Courtland Rd. II Libe~-,y 10~h St. 2,540 20 530 G~eenhuret Ave. II Lyndhumt 10~ SL 700 24 170 ~Lyndhumt St. II Courtland Queen 400 24 100 Christian Ave. II Wlnsloe H,welridge 1,430 34 $00 Baker Ave, III 30~ St. 31't St. 1,500 24 500 2" - _INEAL AVERAGE APPROX. ACTUAL =ROFILING APPROX. S. outheapt FEET WIDTH TONNAGE TONNAGE TYPE SQ. YDS. COMMENTS LOCATION FROM TO Bennlngton St. I 200' S. of Riverdale Riverland 4,000 22 920 ... ' Willlamson Road I Ca,i~bell -'lm 1,700 48 850 D 10,000 Coord. wlstr~_~cape - mill al/I";NP Franklin Rd. I Je;;~&on Will;ar~on 740 6t 400 B t,200 Mill I ~n~__~ each slde;NP .;eF, e~on St. I Nu~;oik Elm 3,000 46 1,5_n0 D 23,000 Mill all 1%";NP Queen Ann Dr. III Bennlngton 200' E. of Bennington ~00 30 170 D 2,700 4' mill $~!~-m Ave. I Jefferson Williamson 800 32 350 D 3,000 Mill all 2";NP 6% St. III Buena Vista Dead End 850 30 270 More~.~a-;I Ave.. II 6% St. Morrill 400 30 t20 Bandy Rd. I Garden City City Limit 1,900 22 570 Pave first for bridge ~;~,;,~,;;r 2'NP Wh;~n St. III Riverland Arbutus 320 t4 60 Thyme St. II Bcl!=vlew Bead End 480 24 t20 NP Linden St. II -='-_.'!_-view Dead End 480 24 120 B 800 Mill t p~_-~- each side;NP Pink St. II _Re!!eview Dead End 480 24 t20 NP Woodbine SL II Pink Camilla 740 2t 160 B 600 Mill I ?_~ on t aide $outhw~,st LOCATION Blair Rd. II Hunters Rd. II Wilbur Rd. II Shrine St. II ML Vernon Rd. II Persinger Rd. II Darlington Rd. il Beverly Blvd. II Barham Rd. II Lofton Rd. II Airvlew Rd. II Walmann Rd. II Norwood SL II Hope Rd. Eton Rd. II Marshall Ave. Campbell Ave. I Colonial Ave. L~righton Rd. II FROM Blenheim Blair Mt. Vernon TO Dead End Perslnger Dead End Blenheim -~L Vernon Wilbur Peminger 31enhelm ~ Vernon -~ud Lick Mud Lick Spring Tillett aarham Grsndln Grandin Alrvlew Grandin Greenlee 5~h St. 2"d St. Winding Way Brandon LINEAL FEET 1,270 t,t00 80O 120 Dead End 2,220 Livingston 1 ,t60 Guilford 900 950 Norwood Norwood Hope Norwood Grsenlee 10m St. 6a St. City Limit Sherwood AVERAGE WIDTH APPROX. TONNAGE 24 ~20 28 320 28 230 28 50 1,700 24 750 30 1,800 34 34 900 8OO 9OO 600 2,600 78O 24 290 24 230 20 200 34 19 18 3O 47 1,650 3,400 360 250 180 24 100 ACTUAL TONNAGE PROFILING TYPE D B D B D APPROX. 8Q,.YDS. 2,500 2,700 2,500 2,800 3,600 3,100 2,400 t ,400 200 3,500 15,000 1,000 COMMENTS Mill All edge milling as needed Mill all Mill I pass each side Mill I pass each side Mill all laill all Mill I pass each aide Mill 200' one aide Mill all from 6~ to 8~ Mill all; pave 2"; NP Mill all ~outhwsst - page 2 LOCATION Greenlee Rd. II Duddlng SL Carter Rd. I Salem Ave. Salem Ave. Serpentine Rd. II FROM Crestmoor Memorial Sherwood Jefferson 200' E. of 6= St. Richelieu TO Eton ;harwood Brsndon 1 ~/~ St. 6~ SL Crystal Spring LINEAL FEET 1,640 AVERAGE WIDTH t8 28 ~PPROX. TONNAGE 66O 500 30 330 90O 37 35O 840 33 290 600 17 90 ACTUAL TONNAGE =ROFILING TYPE B D APPROX. SQ.,yDS. 2,500 2,000 B 1,700 O (conc.) $,-~00 B t,300 COMMENTS Mill I pass each side Mill deep ~ Westover Mill t pass each side Mill all t%" concreta;NP Mill I pass each side;NP CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE City Clerk Sandra H. Eakin Deputy City Clerk May 4,1999 File #2-28-207-481 James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: I am attaching copy of Ordinance No. 34248-050399 authorizing execution of an agreement with InSystems Technologies, Ltd., for the fee simple conveyance of a portion of City-owned property, as well as an air rights easement across said property, identified as Official Tax No. 1010310, for the sum of $11,000.00, commonly known as a vacant lot at the northwest corner of Norfolk Avenue and First Street, S. VV. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, April 19, 1999, also adopted by the Council on second reading on Monday, May 3, 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 Affachment pc: InSystems Technologies, Ltd., Corporate Head Office, 65 Allstate Parkway, Suite 100, Markham, Ontario, Canada, L3R9X1 James D. Grisso, Director of Finance William F. Clark, Director, Public Works Kit B. Kiser, Director, Utilities and Operations Barry L. Key, Manager, Office of Management and Budget H:LatGEND~Y3. I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1999. No. 34248-050399. AN ORDINANCE authorizing the execution of an agreement with InSystems Technologies, Ltd., for the fee simple conveyance of a portion of City-owned property, as well as an air rights easement across said property, identified by Official Tax Map No. 1010310, commonly known as a vacant lot at the northwest comer of Norfolk Avenue and First Street, S.W., authorizing conveyance of said rights 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, for and on behalf of the City, to execute and attest, respectively, an agreement for sale with InSystems Technologies, Ltd., providing for the fee simple conveyance of a portion of City-owned property, as well as an air rights easement across said property, identified by Official Tax Map No. 1010310, commonly known as a vacant lot at the northwest comer of Norfolk Avenue and First Street, S.W., for the sum of $11,000.00, upon form approved by the City Attorney, and upon the terms and conditions set forth in the report to this Council dated April 19, 1999. 2. The City Manager and the City Clerk are authorized, for and on behalf of the City, to execute and attest, respectively, upon form approved by the City Attorney, the appropriate deed of conveyance of this property and air rights easement to InSystems Technologies, Ltd.. ATTEST: City Clerk. H:\ORD-GEN~O-NORFK April 19, 1999 Report No. 98-48 The Honorable Mayor David A. Bowers and Members of City Council Roanoke, VA SUBJECT: Contract of Sale of City-owned property. Conveyance of a portion of Tax Map No. 1010310 in fee simple, as well as conveyance of an air rights easement. I. BACKGROUND City of Roanoke owns a .118 acre parcel of real estate located at the comer of First Street and Norfolk Avenue (Tax Map No. 1010310), which was originally acquired for the construction of the Railside Linear Parkway project. InSystems Technologies, Ltd. is a software manufacturing company founded in the City of Roanoke in 1991. They employ 60 people in the highly skilled, well-paid software engineering field, and are growing rapidly. Employment levels are expected to reach 200 by the year 2000. Co InSystems needs to relocate, as there is no available space to expand at their current location in downtown Roanoke. A number of locations have been considered, many of which are outside the City. Do InSystems has entered into a contract to purchase an historic warehouse located at 109 Norfolk Avenue, which is adjacent to the City's property and identified by Tax Map No. 1010309. They intend to completely renovate the building (20,400 square feet) and relocate their business to this location, representing an investment of $1.5 million. II. CURRENT SITUATION mo InSystems has requested to purchase from the City, a .013 acre portion in fee simple and a 195 square foot air rights easement across Tax Map No. 1010310, in order to construct an addition to their building. (Attachment A.) The addition is necessary to make the project feasible. C° A Public Hearing was held of December 21, 1998 and no opposition to the sale of this city-owned property was communicated to City Council. Mayor and Members of City Council April 19, 1999 Page 2 Bo Contract for Sale (Attachment B), has been negotiated between the City and InSystems. Following are the major provisions of the Contract. Consideration for fee simple interest and air tights easement is $11,000. Sale of the City's property tight to InSystems will occur after InSystems has closed on the adjacent warehouse building. o InSystems will indemnify and hold harmless the City for any property damage or injury occurring as a result of InSystems use of any structure on the property. InSystems will provide $1 million in general liability, bodily harm insurance and property damage liability insurance coveting any and all claims arising out of the use to which the purchaser puts the air tights easement. o Purchaser is responsible for the complete maintenance of any and all structures that are built within the air fights easement. If the structure located within the air fights easement at any time becomes unsafe, InSystems agrees to demolish and remove the structure at its own expense, after proper notice from the City. InSystems may assign all interests in the contract to an entity of its choice. III. ISSUES A. Timing. B. Economic Development. C. Historic Preservation. D. City Council's Vision. Mayor and Members of City Council April 19, 1999 Page 3 IV. ALTERNATIVES Ao Authorize the City Manager to execute the necessary documents to allow the conveyance of fee simple interest and an air rights easement across a portion of Tax Map. No. 1010310 to InSystems. Timing is critical in order to allow InSystems to begin formal design and construction of the renovation project. InSystems must be in their expanded new location as soon as possible. Economic Development program of the City will be advanced by the private sector investment of $1.5 million and the retention of 60 well-paying, high tech jobs downtown, and the creation of new jobs in the near future. o Historic Preservation will be accomplished by the renovation of one of the oldest buildings on Historic Warehouse Row. This project is expected to stimulate additional projects along Warehouse Row. City Council's Vision for downtown development, business growth and the Railside Linear Walkway will be realized. Bo Do not authorize the City Manager to execute the necessary documents to allow conveyance of fee simple interest and an air rights easement across a portion of Tax Map Number 1010310 to !nSystems. 1. Timing is not an issue. 2. Economic Development of the City will not be advanced. o Historic Preservation of one ofdowntown's oldest buildings will not occur. 4. City Council's Vision will not be realized. IV. RECOMMENDATION mo Authorize the City Manager to execute the necessary documents to allow the conveyance of fee simple interest and an air rights easement across a portion of Tax Map Number 1010310 to InSystems. Mayor and Members of City Council April 19, 1999 Page 4 Respectfully submitted, Acting City Manager WRH/EDC:kdc cc: Assistant City Manager City Attorney Director of Finance Director of Public Works Director of Utilities & Operations Manager, Management & Budget Chief, Economic Development ~ B iN~i;s1MBil3 3 20' o t 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 Cit5 Clerk May 4, 1999 File #21-221-481 Donald E. Lorton, Treasurer CHS, Inc. P. O. Box 40032 Roanoke, Virginia 24022-0032 Dear Mr. Lorton: I am enclosing copy of Ordinance No. 34252-050399 authorizing a lease between the City of Roanoke and CHS, Inc., for the lease of additional airspace over Crystal Spring Avenue, S. W., in the City for a term as soon as all legal commitments are met and ending May 13, 2058, for a one-time rental payment of $200.00, and upon certain other terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, April 19, 1999, also adopted by the Council on second reading on Monday, May 3, 1999, and will be in full force and effect ten days following the date of its second reading and providing that all other legal commitments are met. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure pc: James D. Ritchie, Sr., Acting City Manager Kit B. Kiser, Director, Utilities and Operations Sarah E. Fitton, Engineering Coordinator IN THECOUNC~ OF THE CITY OF ROANOKE, VIRGINI& The 3rd day of May, 1999. No. 34252-050399. AN ORDINANCE authorizing a lease between the City of Roanoke and CHS, Inc., for the lease of additional airspace over Crystal Spring Avenue, S.W., in the City, for a term commencing as soon as all legal requirements are met and ending May 13, 2058. WHEREAS, the City has, by advertisement published once a week for four consecutive weeks in a paper of general circulation published in the City, publicly invited bids for lease of additional airspace over Crystal Spring Avenue, S.W., in the City for a term commencing as soon as all legal requirements are met and ending May 13, 2058; WHEREAS, one bid for the lease of such airspace was received when bids were publicly opened at the Council meeting held on April 19, 1999; WHEREAS, the bid of CHS, Inc., to lease such airspace for a term of commencing as soon as all legal requirements are met and ending May 13, 2058, for a one-time rental payment in the total amount of $200.00, and upon other terms and conditions set out in the Lease incorporated by reference in the bid, was publicly opened at the Council meeting on April 19, 1999; and WHEREAS, at such Council meeting, a public heating was held at which all persons were accorded a full and fair oppommity to comment with respect to the proposed lease of such additional air rights; and WHEREAS, Council found the bid of CHS, Inc., was the highest and best bid made to the City for such additional airspace, and Council is desirous of accepting this bid. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of CHS, Inc., to lease additional airspace over Crystal Spring Avenue, S.W., H:~MEASURE SAdm in the City, such additional airspace being more particularly described in the bid of CHS, Inc., a copy of which is on file in the Office of the City Clerk, for a term commencing as soon as all legal requirements are met and ending May 13, 2058, for a one-time rental payment of $200.00, to be paid prior to May 13, 1999, and upon certain other terms and conditions set out in the lease and incorporated by reference and the bid of CHS, Inc., is hereby ACCEPTED. 2. The City Manager and City Clerk are hereby authorized, for and on behalf of the City, to execute a written Lease between the City and CHS, Inc., for such additional airspace, such Lease to be in a form approved by the City Attorney. 3. The City Clerk is directed to forward an attested copy of this ordinance to Donald E. Lorton, Treasurer, CHS, Inc., P.O. Box 40032, Roanoke, Virginia 24022-0032. ATTEST: City Clerk. H:XMEASLYRE~ The Roanoke Times Ad Number: 1109630 Publisher's Fee: $1,417.92 ROANOKE CITY CLERK'S OFF ATT: MARY PARKER, CLERK 215 CHURCH AVE SW RM 456 ROANOKE, VA 24011-1536 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: 03/28/99 FULL RUN - Sunday 03/28/99 FULL RUN - Sunday 04/04/99 FULL RUN - Sunday 04/11/99 FULL RUN - Sunday 04/11/99 FULL RUN - Sunday 04/18/99 FULL RUN - Sunday 04/18/99 FULL RUN - Sunday Witness, this 19th day of April 1999 Authorized Signature nu% $.W. and ~le p~ of elation and the easterly Avmme, $.W.; ~ ~ the ~040~06') N. 31° 34' E 270.00 31e 34' W., 47.48 ~ tO a' poi.~ md poU bdnltlm ~ ounlr QI' Tm tlon (Tax Appraisal No. ~) ~ 3~~ ~ W ~ NING, Ii1~ elf IpIoe ~ oove the 91a~e herel~ ' deaa~d and e~endl A (qW M ~he M ~1~ M iii ~ 7.~0 p.m., me nme de~, PUBLIC NOTICE AND ADVERTISEMENT FOR BIDS Lease of additional air rights located in Roanoke City over a portion of Crystal Spring Avenue, S.W. At the direction of the Roanoke City Council, notice is hereby given that the City of Roanoke, a Virginia municipal corporation, proposes to grant by ordinance the additional air rights located in Roanoke City over a portion of Crystal Spring Avenue for a term beginning as soon as all legal requirements have been met and ending on May 13, 2058, to provide sufficient area and space for a parking garage. Such area being described as follows: That portion of hereinafter-described plane lying within the confines of the right-of- way of Crystal Spring Avenue, S.W., and more particularly described as follows: STARTING at the intersection of the northerly right-of-way line of McClanahan Street S.W. and the easterly right-of-way line of Crystal Spring Avenue, S.W.; thence with the easterly right-of-way of Crystal Spring Avenue, S.W. and the property of Roanoke Hospital Association (Tax Appraisal No: 1041003) N 31 o 34' E. 140.00 feet to the ACTUAL PLACE OF BEGINNING; thence leaving the property of Roanoke Hospital Association and the easterly right-of-way of Crystal Spring Avenue, S.W. and crossing said right-of-way N 580 28' W. 80.00 feet to a point; said point being on the westerly right-of-way of Crystal Spring Avenue, S.W.; thence with the westerly right-of-way of Crystal Spring Avenue, S.W. and the property of CHS, Inc. (DB 1723 Pg. 85, Tax Appraisal No. 1040905) N. 31o 34' E 270.00 feet to a point; thence leaving the property of CHS, Inc. and the westerly right-of-way of Crystal Spring Avenue, S.W. and crossing said right-of-way S. 580 26' E 80.00 feet to a point, said point being on the easterly right-of-way of Crystal Spring Avenue, S.W.; thence with the easterly right-of-way of Crystal Spring Avenue, S.W. and the property of Cadlion Medical Center (formerly Roanoke Hospitals) (DB 1494 Pg. 610, Tax Appraisal No. 1041004) S. 31o 34' W., 47.46 feet to a point, said point being the southwesterly comer of Tax Appraisal No. 1041004; thence continuing with the easterly right-of-way of Crystal Spring Avenue, S.W. and the property of Roanoke Hospital Association (Tax Appraisal No. 1041003) S. 31 o 34' W 222.54 feet to the PLACE OF BEGINNING, said air space right-of-way and easement beginning forty-one (41) feet above the plane herein described and extending upward therefrom to a horizontal plane having an elevation of 1020.00. A copy of the full text of said proposed ordinance is on file in the Office of the City Clerk, Room 456, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. A public heating on the proposed ordinance will be held at 7:00 p.m., on April 19, 1999, in the Council Chambers. All parties in interest and citizens may appear on the above date and be heard on this issue. Any interested party is hereby invited to submit a written bid for the air rights proposed to be granted. Bids will be received in the Office of the City Clerk until 4:30 p.m., local time, Monday, April 19, 1999. All bids so received will be held by the City Clerk, unopened, until 7:00 p.m., local time, on the same date, at which time all bids so received will be delivered to the Roanoke City Council Chamber, Room 450, Municipal Building, Roanoke, Virginia, and then publicly opened and read aloud before the Roanoke City Council. The necessary bid documents, including a proposed lease of additional air space and bid form, may be obtained from the City Clerk's Office on and after Monday, March 29, 1999. The bidder shall give notice in writing of his claim of right to withdraw his bid within two days after the conclusion of the bid opening consistent with the procedure set forth in Part (1) of Section 11-54.A of the Code of Virginia (1950), as amended. Within sixty days after the deadline for receipt of bids, the City of Roanoke may award a lease of air space agreement to the highest responsible and responsive bidder who will provide the best combination of value of proposed improvements to the property and annual rental fee for privileges and rights to be granted pursuant to the terms of the lease of additional airspace. The City expressly reserves the right to reject any and all bids, to waive any informality or irregularity in the bids received, and to accept the bid which is deemed to be in the best interest of the City. Mary F. Parker City Clerk ................................................................. Note to Publisher: Please publish in the following Sunday editions: March 28, April 4, April 11, and April 18, 1999 (four advertisements total). Please forward the bill to the City Clerk, Room 456, 215 Church Avenue, S. W., Roanoke, Virginia 24011. H:~qOTICE'XNAR-CHS.ENC BID FORM Lease of air rights located in Roanoke City over a portion of Crystal Spring Avenue, S.W. Date: Submitted by: Roanoke City Council c/o City Clerk's Office Room 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (Firm Name) proposes and agrees, if this Bid (Firm name) is accepted, to enter into and be bound by the Lease of Air Space. A copy of said lease is on file in the Office of the City Clerk. Bid: one-time payment for rent as set forth in paragraph 2 of the Lease of Airspace - DOLLARS ($ Bid: term commencing on ,1999, (date can be no sooner than 10 days after City Council adopts the ordinance on second reading authorizing the Lease of Air Space) and ending on May 13, 2058. State the complete firm name, exactly as it is recorded with the State Corporation Commission. EXACT FIRM NAME: By: Title: (Type name) DELIVERY ADDRESS: (Type title) MAILING ADDRESS: CITY: STATE: ZIP CODE: TELEPHONE:(__) FAX: ( ) DIRECTIONS FOR MAILING BIDS: If bids are sent by mail, they shall be sent by certified mail, return receipt requested. Opaque envelopes - containing bids must be sealed, marked, and addressed as follows: Roanoke City Council c/o City Clerk Room 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Please label in large letters on the front and back of envelope: "Bid for Lease of Air Rights not to be opened until Council meeting at 7:00 p.m. on April 19, 1999." H:~LEASELBID-AR99 LEASE OF AIR SPACE THIS LEASE, entered into this ~ day of ,1999, by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation, hereinafter referred to as"Lessor, and , a corporation, hereinafter referred to as "Lessee"; WITNESSETH: WHEREAS, pursuant to applicable statutes and ordinances, the City Council for the City of Roanoke, Virginia adopted Ordinance No. on the day of , 1999, authorizing the execution of a lease covering the premises hereinafter described on the terms and conditions hereinafter set forth; and WHEREAS, said ordinance was adopted afterdue advertisement and public hearing held on the 19th day of April, 1999, after which Council determined that the bid of the Lessee, was the highest and best bid therefor and should be accepted by the Lessor. NOW, THEREFORE, IN CONSIDERATION of the rental payments hereinafter set forth and in further consideration of the faithful performance of the mutual covenants, conditions and undertakings of the parties as set forth herein, the Lessor does hereby LEASE and DEMISE unto the Lessee certain air space over a portion of Crystal Spring Avenue, located in the City of Roanoke, Virginia, and more particularly described on Exhibit A attached and made a part hereof. This Lease is made upon the following terms and conditions: 1. TERM: This Lease shall begin on the day of the 13th day of May, 2058. ,1999, and end RENT: Lessee shall pay to the Lessor a one-time rental payment in the total amount of DOLLARS ($ ), which payment shall cover the rent for the entire term of this Lease. This one-time payment shall be made by the Lessee to the Lessor prior to the day of , RENEWAL: Upon expiration of the initial term of this Lease, this Lease may be renewed and extended upon the mutual agreement of the Lessor and the Lessee, provided that both parties agree in writing to the extension of this Lease at least 120 days prior to the termination of the Lease. The term of any renewal shall be determined at the time of the renewal. Any extension of this Lease shall be as authorized by the Constitution of the Commonwealth of Virginia and all other applicable statutes, and shall be under such terms and conditions as may be agreed upon by the Lessor and Lessee at the time of said extension. MAINTENANCE: Lessee shall be responsible for the complete maintenance of any and all structures which are built within the Leased Air Space. Maintenance shall include, but not be limited to, the structural integrity of the structure, all aesthetic aspects of the structure, and the general cleaning and upkeep of all elements of the structure. All maintenance work, ordinary as well as extraordinary, and structural as well as non-structural, shall be made promptly, as and when necessary. All repairs and replacements shall be in a quality and class at least equal to the original work. UTILITIES: Lessee shall pay the charges for all utility services furnished to the structure erected in the Leased Air Space, including all hook-up and installation charges, deposits, and similar charges that may be incurred in connection with the utility services. Lessee, at no expense to the Lessor, shall also make proper provisions for the relocation and/or installation of any existing utilities which pass through the leased air space, including the securing of approval and consent from any affected company and other appropriate agencies. LIGHTING: Lessee shall be responsible for the installation and maintenance of any and all lighting which may be required under or on the structure to be built in the Leased Air Space in order to provide adequate lighting for that portion of Crystal Spring Avenue, which passes under the Leased Air Space. All lighting shall be equal to or exceed any specifications set by the Lessor or any other governmental agency, including all standards set by the Virginia Department of Highways and Transportation for underpasses and similar structures, and shall be operated during any and all periods as may be required by the Lessor. In addition, in case of outages, Lessee agrees to replace or repair such outages at its own expense within seventy-two (72) hours after notification of the outage is given to Lessee. All charges incurred in connection with the use and operation of said lighting, including charges for electrical power or other energy sources, shall be the responsibility of the Lessee. APPROVAL OF PLANS: Prior to construction of any structure in the Leased Air Space, Lessee agrees to submit the plans for such structure to the City Manager and Building Commissioner for review and approval. Lessor agrees that review of the plans will be accomplished within fifteen (15) business days after submission and that approval will not be unreasonably withheld. COMPLIANCE WITH STATUTES, ETC.: The Lessee shall comply with all applicable City, State and Federal laws, ordinances, regulations, statutes and codes, including all relevant building and safety codes, in connection with the construction, maintenance and operation of the structure being placed in the Leased Air Space. The Lessee shall further comply with all applicable City, State and Federal Laws, ordinances, rules and regulations affecting or respecting the Leased Air Space, or 2 10. the use or occupancy of same, including the business at any time thereon transacted by the Lessee therein. TAXES AND ASSESSMENTS: The Lessee shall pay any and all property taxes assessed against the Leased Air Space and improvements thereon during the term of this Lease and any renewal hereof. Lessee shall also pay all taxes and assessments levied against the personalty and the business operations carded on by ft in the Leased Air Space as well as the cost of any additional business licenses and permits necessary to the operation of this business enterprise. REMOVAL OF STRUCTURE: At the expiration of the Lease period, or any renewals thereof, if no agreement to the contrary has been reached, or if any point during the Lease period or any renewals thereof, the structure within the Leased Air Space becomes unsafe or fails to meet the provisions of any applicable building or safety codes, and Lessee refuses or is unable to correct such structural or safety defect within a reasonable time after proper notice thereof from Lessor, Lessee agrees to demolish and remove the structure in the Leased Air Space solely at its own expense. All demolition and related work required for the removal of the structure in the Leased Air Space shall be done diligently and in conformity with all legal and safety requirements, in a good and workman-like manner, and in accordance with any reasonable standards required by the Lessor. In order to ensure performance of Lessee's obligations as set forth above in relation to the demolition and removal of the structure within the Leased Air Space, solely at the expense of the Lessee, Lessee hereby agrees to obtain a performance bond naming the Lessor as the obligee or insured party in the event Lessee does not demolish and remove the structure, as required by this Lease. This bond shall be with a reputable bonding company licensed to do business in the Commonwealth of Virginia and in the initial amount of Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00). The bond shall be in force prior to the initiation of any construction within the Leased Air Space and shall remain in force for the term of this Lease and any renewals hereof. The amount of the bond required herein shall be reviewed every five (5) years and may be increased or decreased at the time of each review to reflect the reasonable cost of demolition and removal at that time. Any increase or decrease in the amount of the bond shall be mutually agreed upon between the Lessor and the Lessee. If the Lessor and the Lessee cannot agree upon a mutually satisfactory sum to cover the cost of demolition and removal or if the Lessor and Lessee cannot agree upon a mutually acceptable means for ensuring that the structure will be demolished or removed at no expense to Lessor if it is no longer feasible to obtain a performance bond, the matter will be referred to three independent arbitrators. One of these arbitrators will be chosen by the Lessor and one will be chosen by the Lessee. After being chosen, these two arbitrators shall then choose a third arbitrator, and the majority decision of the three arbitrators as to the cost of removal or manner of insuring the Lessor shall then be final and binding on the parties hereto. 11. 12. INDEMNIFICATION: Lessee agrees to indemnify and hold harmless the Lessor, its officers, agents and employees, from any and all claims, legal actions and judgments advanced against Lessor and for expenses Lessor may incur in this regard, arising out of Lessee's intentional acts and negligent acts or omissions with respect to the rights and privileges granted to Lessor to Lessee in this instrument. INSURANCE: Lessee shall obtain and maintain during the life of this Lease, including any extensions, general liability, bodily injury and property damage liability insurance coverage with respect to claims arising out of the subject matter of the Lease. The amount of such insurance shall not be less than: ao In the case of bodily injury liability insurance, $1,000,000 for injuries, including death, to one person in any one occurrence and $5,000,000 annual aggregate; In the case of property damage insurance, $500,000 for damage in any one occurrence and $1,000,000 annual aggregate; Co In the case of general liability insurance, coverage in the amount of $1,000,000; and do The above amounts may be met by "umbrella" coverage in a minimum amount of $5,000,000. Lessee shall name Lessor as an additional insured as its interests may appear on the above policies. Prior to execution of this Lease, Lessee shall furnish the Lessor with certificates evidencing the required coverage and containing a statement to the effect that the coverage shall not be canceled or materially altered except after thirty (30) days's written notice to the Lessor. The amount of insurance required herein shall be reviewed every five (5)years and may be increased or decreased at the request of the Lessor. Any increase in the amount of required insurance shall be mutually agreed upon between the Lessor and the Lessee. If the Lessor and Lessee cannot agree upon a mutually satisfactory amount at the time of any insurance review, the matter will be referred to three independent arbitrators. One of these arbitrators shall be chosen by the Lessor and one shall be chosen by the Lessee. After being chosen, these two arbitrators shall then choose the third arbitrator. The majority decision of the three arbitrators as to the amount of insurance shall then be final and binding on the parties hereto. 4 13. 14. 15. COVENANT OF TITLE AND QUIET ENJOYMENT: Lessor hereby covenants and warrants that Lessor has full right and lawful authority to enter into this Lease for the term of this Lease or any renewal hereof; that Lessor is lawfully seized of the entire premises herein demised and has the title thereto, free and clear of all encumbrances, and further that Lessee's quiet and peaceable enjoyment of the leased premises during the term of this Lease, or any renewal, shall not be disturbed or interfered with by anyone. TERMINATION: This Lease may be terminated at any time by mutual agreement, in writing, of the Lessor and Lessee. In addition, if the Lessee breaches, or is in default in the performance of, any covenant of this Lease and if such breach or default is not cured within thirty (30) days after written notice thereof is given by Lessor to Lessee, or if such breach or default is of such nature that it cannot be cured within thirty (30) days from the date of such notice but Lessee has not proceeded with reasonable diligence and in good faith to remedy any breach or default within the thirty (30) day period, Lessor may give Lessee written notice of its unilateral right to terminate this Lease at some date not less than ninety (90) days after date of the termination notice. NOTICE: All notices required by any provision of this lease shall be given in writing, by registered or certified mail, addressed to the party to whom the notice is to be given at address hereafter given or at such other addresses as from time to time which may be given by the parties. Notice shall be deemed to have been made at the time of depositing the letter in the United States Post Office. Addresses of the parties are as follows: a. Lessor: City Manager Room 364, Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 b. Lessee: 16. 17. SUCCESSORS AND ASSIGNS: It is understood and agreed that all the covenants, agreements, terms, conditions, and provisions of this Lease or any renewal hereof shall extend to and be binding upon the assigns and/or successors in interest to the respective parties hereto. Any assignment of this Lease must be approved by the Lessor, but such approval shall not be unreasonably withheld. ENTIRE AGREEMENT: It is understood and agreed that this instrument contains the entire agreement between the parties. Any modifications to the Lease shall be in writing and signed by the parties hereto. Date: ATTEST: ,1999 Mary F. Parker, City Clerk Date: ,1999 CITY OF ROANOKE, VIRGINIA By: City Manager Date: ATTEST: ,1999 Date: ,1999 By: (Print Name) Title: COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) The foregoing instrument was acknowledged before me this day of ,1999, by , City Manger of the City of Roanoke, Virginia, for and on behalf of said municipal corporation. My Commission expires: (SEAL) Notary Public COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) 1999, The foregoing instrument was acknowledged before me this by ., the , for and on behalf of said entity. day of My Commission expires: (SEAL) Notary Public H:\LEASE\LAIR-FOR 6 LEGAL DESCRIPTION That portion of hereinafter-described plane lying within the confines of the right-of- way of Crystal Spring Avenue, S.W., and more particularly described as follows: STARTING at the intersection of the northerly right-of-way line of McClanahan Street S.W. and the easterly right-o f-way line of Crystal Spring Avenue, S.W.; thence with the easterly right-of-way of Crystal Spring Avenue, S.W. and the property of Roanoke Hospital Association (Tax Appraisal No: 1041003) N 31 o 34' E. 140.00 feet to the ACTUAL PLACE OF BEGINNING; thence leaving the property of Roanoke Hospital Association and the easterly right-of-way of Crystal Spring Avenue, S.W. and crossing said right-of-way N 580 28' W. 80.00 feet to a point; said point being on the westerly right-of-way of Crystal Spring Avenue, S.W.; thence with the westerly right-of-way of Crystal Spring Avenue, S.W. and the property of CHS, Inc. (DB 1723 Pg. 85, Tax Appraisal No. 1040905) N. 31o 34' E 270.00 feet to a point; thence leaving the property of CHS, Inc. and the westerly right-of-way of Crystal Spring Avenue, S.W. and crossing said right-of-way S. 580 26' E 80.00 feet to a point, said point being on the easterly right-of-way of Crystal Spring Avenue, S.W.; thence with the easterly right-of-way of Crystal Spring Avenue, S.W. and the property of Carilion Medical Center (formerly Roanoke Memorial Hospitals) (DB 1494 Pg. 610, Tax Appraisal No. 1041004) S. 31o 34' W., 47.46 feet to a point, said point being the southwesterly comer of Tax Appraisal No. 1041004; thence continuing with the easterly right-of-way of Crystal Spring Avenue, S.W. and the property of Roanoke Hospital Association (Tax Appraisal No. 1041003) S. 31 o 34' W 222.54 feet to the PLACE OF BEGINNING, said air space right-of-way and easement beginning forty-one (41) feet above the plane herein described and extending upward therefrom to a horizontal plane having an elevation of 1020.00. Exhibit A H:~NOTICE\DES-EXA BID FORM Lease of air rights located in Roanoke City over a portion of Crystal Spring Avenue, S.W. Roanoke City Council c/o City Clerk's Office Room 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Date: April 5, 1999 Submitted by: rm$, Tn~,~ (Firm Name) CH'.q: Tn~. proposes and agrees, if this Bid (Finn name) is accepted, to enter into and be bound by the Lease of Air Space. A copy of said lease is on file in the Office of the City Clerk. Bid: one-time payment for rent as set forth in paragraph 2 of the Lease of Airspace- Two Hundred & 00/100 DOLLARS ($~ Bid: term commencing on Aoril 30 ,1999, (date can be no sooner than 10 days after City Council adopts the-ordinance on second reading authorizing the Lease of Air Space) and ending on May 13, 2058. State the complete firm name, exactly as it is recorded with the State Corporation Commission. EXACT FIRM NAME: c~s, Inc. By: Donald E. Lorton Title: (Type name) DELIVERY ADDRESS:213 S Jefferson st., Ste. ~r~asurar (Type title) 720, P. O. BOX 40032 MAILING ADDRESS: P. O. BOx 40032 CITY: Roanoke STATE: VA ZIP CODE: 24022-0032 TELEPHONE:(540) 22a 5nfl2 FAX: ~40) 224 5796 DIRECTIONS FOR MAILING BIDS: If bids are sent by mail, they shall be sent by certified mail, return receipt requested. Opaque envelopes - containing bids must be sealed, marked, and addressed as follows: Roanoke City Council c/o City Clerk Room 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Please label in large letters on the front and back of envelope: "Bid for Lease of Air Rights not to be opened until Council meeting at 7:00 p.m. on April 19, 1999." H:~LEASE',BID-AR99 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 May 5, 1999 File #51 Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron & Agee, P. C. P. O. Box 20068 Roanoke, Virginia 24018-0007 Dear Mr. Natt: I am enclosing copy of Ordinance No. 34253-050399 amending certain proffered conditions for the rezoning of approximately 8.769 acres of land, located on the west side of Oakland Boulevard, N. W., identified as Official Tax No. 2250105, to reflect the changes in proffered conditions as shown on the Fifth Amended Petition to Amend Proffers filed in the City Clerk's Office on April 15, 1999, and as set forth in a report of the City Planning Commission dated April 19, 1999, and that Ordinance No. 33361, adopted on May 5, 1997, be rescinded. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, April 19, 1999, also adopted by the Council on second reading on Monday, May 3, 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:Io Enclosure Edward A. Natt May 5, 1999 Page 2 pc~ Richard Dickson, President, ARC Roanoke, Inc., P. O. Box 6220, Roanoke, Virginia 24017 Barbara N. Duerk, Chair, City Planning Commission, 2607 Rosalind Avenue, S. W. Roanoke Virginia 24014 James D. Ritchie, Sr., Acting City Manager William X Parsons, Acting City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director, Real Estate Valuation Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Ronald L. Smith, Acting Building Commissioner Evelyn S. Lander, Chief, Planning and Community Development Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission H:~.GEND~Y3.1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1999. No. 34253-050399. AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 225, 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. WHEREAS, ARC Roanoke, Inc., filed an application to the Council of the City of Roanoke to amend certain conditions presently binding upon an 8.769-acre tract of land located on the west side of Oakland Boulevard, N.W., and designated as Official Tax No. 2250105, which property was previously conditionally rezoned by the adoption o fOrdinance No. 33361, adopted May 5, 1997; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on April 19, 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 amendment; and WHEREAS, this recommendation made opportunity to be heard, both for and against the proposed Council, after considering the aforesaid application, the 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 conditions now binding on that certain 8.769-acre tract of land located on the west side of Oakland Boulevard, N.W., and designated as Official Tax No. 2250105, and the matters presented at the public hearing, should be amended as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 225 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the changes in proffered conditions as shown in the Fifl~h Amended Petition to Amend Proffers filed in the City Clerk's Office on April 15, 1999, and as set forth in the report of the Planning Commission dated April 19, 1999, and that Ordinance No. 33361, adopted May 5, 1997, be rescinded. ATTEST: City Clerk. H:\ORD-P. EZ\OAP-ARC DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE S.W. - ROOM 452 ROANOKE, VIRGINIA 2401 !- 1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 April 15, 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 Fifth Amended Petition from Edward A. Natt, Attorney, representing ARC Roanoke, Inc., requesting amendment of the proffered conditions for rezoning of approximately 8.769 acres of land, located on the west side of Oakland Blvd., N. W., Official Tax No. 2250105, which rezoning was previously approved by the Council of the City of Roanoke, pursuant to Ordinance No. 33361 adopted on May 5, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure pc: The Honorable Mayor and Members of the Roanoke'City Council Edward A. Natt, Attorney, Osterhoudt, Ferguson, Natt, Aheron & Agee, P. C., P. O. Box 20068, Roanoke, Virginia 24018-0007 Richard Dickson, President, ARC Roanoke, Inc., P. O. Box 6220, Roanoke, Virginia 24017 Evelyn S. Lander, Chief, Planning and Community Development Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald L. Smith, Acting Building Commissioner Steven J. Talevi, Assistant City Attorney CHARLES H. OStErHOUDT MICHAEL S. fERGUSON EDWARD a. NATT MICHAEL J. AHERON g. STEVEN AGEE MARK D. KIDD KRISTEN KONRAD JOHNSTONE LAW OFFICES ~' 7" OSTERHOUDT, FERG[ISON, NATT, AHERON g ACEE APR. OFE$$1ONAL COR. POP-.ATION 1919 ELECTP. IC R. OAD, SUITE I P, O. BOX 20068 ' ROANOKE. VI R. GIN IA 24018-0007 April 14, 1999 TELEPHONE 540-774-1197 FAX NO. 540-774-0961 DELIVERED Mary Parker, City Clerk 456 Municipal Bldg. 215 Church Avenue, SW Roanoke, VA 24011 Re: Request of ARC Roanoke, Inc., to amend Proffers previously adopted relating to the rezoning of approximately 8.769 acres property of Official Tax No. 2250105 located on the west side of Oakland Blvd. Dear Ms. Parker: Enclosed please find the Fifth Amended Petition to Amend Proffers relating to the above matter. If you should have any questions regarding this matter, please do not hesitate to contact me. With best personal regards, I am, Very truly yours, Edward A. Natt EAN/laf Enclosures cc: Evelyn S. Lander, Secretary Architectural Review Board Mr. Richard Dickson ARC, Inc. rISTERH OU DT, FERGUSON, NATT, AHERDN & AGEE ATTO R N EYG-AT-LAW ROANOKE, VIRGINIA 24DIB-1G99 FIFTH AMENDED PETITION TO AMEND PROFFERS IN THE COUNCIL OF THE CITY OF'~ROANOKE, VIRGINIA IN RE: Request of Arc Roanoke, Inc., to amend Proffers previously adopted relating to the rezoning of approximately 8.769 acres property of Official Tax No. 2250105 located on the west side of Oakland Blvd. TO THE HONORABLE MAYOR ANDMEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Arc Roanoke, Inc., owns land in the City of Roanoke containing 12.97 acres, more or less, located west of Oakland Blvd., a portion of said property containing 8.769 acres having been rezoned to C-2 with Proffers on April 21, 1997. Petitioners hereby request that the Proffers related to the rezoning of the 8.769 acres of said tract to C-2, General Commercial District be amended. A map of the subject property is attached as Exhibit "1" Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that Proffers relating to the hereinafter described property, identified as a portion of Official Tax number 2250105, be amended as hereinafter set out, said property being described on Exhibit The Petitioner believes the amendment of Proffers relating to said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will provide an appropriate location for an appropriate commercial use. The petitioner is requesting that the rezoning be subject to the following proffered conditions: 1'15TERHOUDT, F*ERGU50N, NATT, AHERDN & AGEE ATTO R N EY5 -AT- LAW ROANOKE, VIRGINIA 2401G-1699 o o 4 o o o That the proposed development will be built in substantial conformity with the DS Atlantic Site Plan for the Consolidated Theater, Real Estate Innovations, dated February 22, 1999 a copy of which is attached hereto and made a part hereof as Exhibit "3", subject to any changes that may ~e r-~qui-~e~ by the City during development plan review. In addition, the Petitioner shall connect in a continuous fashion the pedestrian walkway adjacent to Valley View Boulevard with the theater entrance. Trash dumpster pickup shall be scheduled after 8:00 .z~M. Parking lot cleanup shall occur between 8:00 AM and 12:00 Noon. No certificates of occupancy shall be issued for any new structures on the property until such time as the proposed interchange with 1-581 and access road are constructed and operational. A landscaped greenspace (a minimum of 75 feet along the residential property and a portion of the property to be conveyed to Valley View Wesleyan Church and a minimum of 60 feet along that portion of the property between Valley View Wesleyan Church and Round Hill Elementary School) with a 6 foot high berm and a black vinyl chain link fence 6 feet high shall be constructed, planted and maintained by the Property Owner until such time as ownership of the landscaped greenspace can be conveyed to the Western Virginia Land Trust or other organization acceptable to the City of Roanoke. In the event that the issue of ownership cannot be resolved, the berm, vinyl coated chain-link fence and landscaping shall be constructed and maintained by the Property Owner. That no fast food restaurants, as defined in the Roanoke City Zoning Ordinance located thereon shall be located on the 8.769 acre parcel. All lighting on the Property shall consist of lighting fixtures designed with shields that prevent any illumination of adjoining residential neighborhoods. DSTERHDUDT, FERGUBDN, NATT, AHERnN & AGEE ATT ri R N EYS -AT-LAW RQANDKE, VIRGINIA 2401B-1699 All dumpsters, loading docks, and heating/air conditions and handling units shall be screened from public view by landscaping, masonry or metal screen walls. o There shall be no motorized vehicular access from any portion of the subject rezoning to the adjacent residential neighborhood. 10. Pedestrian access between the Property and the adjacent residential neighborhood will be provided only as requested by the City of Roanoke. 11. Landscaping of the greenspace area shall be completed within one (1) year of occupancy of any parcel on the property. 12. The exterior architectural treatment of buildings on the Property shall be consistent with Commercial buildings at Valley View Mall and have the same level of architectural detail on all sides. 13. Landscaping of the landscaped greenspace will be in substantial conformity with the attached typical 100 foot section of the landscaped greenspace prepared by Hill Studios, P.C. dated February 28, 1997. 14. The effective date of this rezoning shall be the date the City accepts the dedication of proposed access road. 15. There will be no outdoor advertising structures or free standing sign structures on the Property other than directional signs and an entrance sign adjacent to Valley View Boulevard Extended indicating entities located on the Property. Occupant identification signs on buildings located on the Property will be consistent with Valley View Mall. Attached as Exhibit "4" 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 subject property. W-~EREFORE, the Petitioner requests that the Proffers OSTERNOUDT, FERGUSDN, NATT, AHERDN & AGEE ATT O R N E Y5 -AT- LAW ROANOKE, VIRGINIA 24018-1699 heretofore adopted by Roanoke City Council relating to the subject property be amended and the proffered conditions set forth in this Fifth Amended Petition be accepted and adopted in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 1st day of April, 1999. Respectfully submitted, ARC ROAI~OKE, INC. Of CSunsel P.O. Box 6220 Roanoke, VA 24017 A,t~¢ RQANOi~, ~[N~. Z: \WP50\CAROL \ZON I NG\ARC4. PET: [ af04/14/99 , President 4 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 April 15, 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 Fourth Amended Petition from Edward ^. Natt, Attorney, representing ARC Roanoke, Inc., requesting amendment of the proffered conditions for rezoning of approximately 8.769 acres of land, located on the west side of Oakland Blvd., N. W., Official Tax No. 2250105, which rezoning was previously approved by the Council of the City of Roanoke, pursuant to Ordinance No. 33361 adopted on May 5, 1997. Sincerely, Mary F. Parker, CMC/A~E City Clerk MFP:Io Enclosure pc; The Honorable Mayor and Members of the Roanoke City Council Edward ^. Natt, Attorney, Osterhoudt, Ferguson, Natt, Aheron & ^gee, P. C., P. O. Box 20068, Roanoke, Virginia 24018-0007 Richard Dickson, President, ARC Roanoke, Inc., P. O. Box 6220, Roanoke, Virginia 24017 Evelyn S. Lander, Chief, Planning and Community Development Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald L. Smith, Acting Building Commissioner Steven J. Talevi, Assistant City Attorney CHARLES H. OSTERHOUDt MICHAEL S. FERGUSON EDWARD A. NATT MICHAEL J. AHERON G. STEVEN aGEE MARK D. KIDD KRISTEN KONRAD JOHNSTONE LA'i/ OFFICES OSTERHOUDT. FERGU$ON. NATT. A'HEp,:ON 8 AGEE A PROFESSIONAL CORPORATION 1919 ELECTRIC ROAD. SUITE I 'C;CI ' P. O. BOX 20068, R. OAN O K.E. VI R_C, IN IA 24018°0007 April 12, 1999 TELEPHONE 540-774-1197 FAX NO. 540-774'096 I HAND-DELIVERED: Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE 215 Church Avenue, S.W. Room 456, Municipal Building Roanoke, VA 24011-1536 RE: Request of ARC Roanoke, Inc., to aa%end Proffers previously adopted relating to the rezoning of approximately 8.769 acres property of Official Tax No. 2250105 located on the west side of Oakland Blvd. Dear Mary: Enclosed please find Fourth Amended Petition to Amend Proffers relatin9 to the above matter which are now fully executed. Thanking you in advance for your attention to this matter, I am Very truly yours, OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. Edward A. Natt EAN/csb Enclosure pc: Evelyn S. Lander, Secretary Architectural Review Board CITY OF ROANOKE Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 HAND-DELIVERED pc: Richard Dickson, ARC James F. Douthat, Esq. Harwell M. Darby, Jr. VIA FACSIMILE: 344-5685 VIA FACSIMILE: 983-7711 VIA FACSIMILE: 224-8050 ~STERHDUDT, FERGUSDN, NATT, AHERDN & AGEE ATT n R N E YEi-AT- LAW RnANDKE, VIRI31NIA 24018-1699 FOURTH AMENDED PETITION TO A~RND PROFFER~ IN THE COUNCIL OF TWm CITY OF ROANOKE, VIRGINIA IN RE: Request of Arc Roanoke, Inc., to amend Proffers previously adopted relating to the rezoning of approximately 8.769 acres property of Official Tax No. 2250105 located on the west side of Oakland Blvd. TO THE HONORABLE MAYORANDMEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Arc Roanoke, Inc., owns land in the City of Roanoke containing 12.97 acres, more or less, located west of Oakland Blvd., a portion of said property containing 8.769 acres having been rezoned to C-2 with Proffers on April 21, 1997. Petitioners hereby request that one of the Proffers related to the rezoning of the 8.769 acres of said tract to C-2, General Commercial District be amended. A map of the subject property is attached as Exhibit "1" Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that Proffers relating to the hereinafter described property, identified as a portion of Official Tax number 2250105, be amended as hereinafter set out, said property being described on Exhibit The Petitioner believes the amendment of Proffers relating to said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will provide an appropriate location for an appropriate commercial use. The petitioner is requesting that Proffer #1 approved and adopted as part of said rezoning be amended to read as follows: DSTERHO UDT, F'£RG UE~rlN, NATT, AHERON & AGEE ATTO R N EYS-AT-LAW ROANOKE, VIRGINIA 24DIG-1699 o That the proposed development will be built in substantial conformity with the DS Atlantic Site Plan for the Consolidated Theater, Real Estate Innovations, dated February 22, 1999 a copy of which is attached hereto and made a part hereof as Exhibit "3", subject to any changes that may be required by the City during development plan review. During development plan review, Petitioner shall submit a plan by which the pedestrian walkway shown on the site plan shall be extended to or near Valley View Boulevard. The following additional proffers are submitted: (A) Trash dumpster pickup shall be scheduled after 8:00 AM. (B) Parking lot cleanup shall occur between 8:00 AM and 12:00 Noon. The following proffers approved on April 21, 1997 shall remain in full force and'effect: 1. No certificates of occupancy shall be issued for any new structures on the property until such time as the proposed interchange with 1-581 and access road are constructed and operational. 2. A landscaped greenspace (a minimum of 75 feet along the residential property and a portion of the property to be conveyed to Valley View Wesleyan Church and a minimum of 60 feet along that portion of the property between Valley View Wesleyan Church and Round Hill Elementary School) with a 6 foot high berm and a black vinyl chain link fence 6 feet high shall be constructed, planted and maintained by the Property Owner until such time as ownership of the landscaped greenspace can be conveyed to the Western Virginia Land Trust or other organization acceptable to the City of Roanoke. In the event that the issue of ownership cannot be resolved, the berm, vinyl coated chain-link fence and landscaping shall be constructed and maintained by the Property Owner. 3. That no fast food restaurants, as 2 OSTERHDUDT, FERGUSDN, NATT, AHERDN & AGEE ATTO R N EYS-AT-LAW ROANaK£, VIRGINIA 24018-16cj9 defined in the Roanoke City Zoning Ordinance located thereon shall be located on the 8.769 acre parcel. 4. Ail lighting on the Property shall consist of lighting fixtures designed with shields that prevent any illumination of adjoining residential neighborhoods. 5. All dumpsters, loading docks, and heating/air conditions and handling units shall be screened from public view by landscaping, masonry or metal screen walls. 6. There shall be no motorized vehicular access from any portion of the subject rezoning to the adjacent residential neighborhood. 7. Pedestrian access between the Property and the adjacent residential neighborhood will be provided only as requested by the City of Roanoke. 8. Landscaping of the greenspace area shall be completed within one (1) year of occupancy of any parcel on the property. 9. The exterior architectural treatment of buildings on the Property shall be consistent with Commercial buildings at Valley View Mall and have the same level of architectural detail on all sides. 10. Landscaping of the landscaped greenspace will be in substantial conformity with the attached typical 100 foot section of the landscaped greenspace prepared by Hill Studios, P.C. dated February 28, 1997. 11. The effective date of this rezoning shall be the date the City accepts the dedication of proposed access road. 12. There will be no outdoor advertising structures or free standing sign structures on the Property other than directional signs and an entrance sign adjacent to Valley View Boulevard Extended indicating entities located on the Property. Occupant identification signs on buildings located on the Property will be consistent rlSTERH rmu DT, FERGUSKIN, NATT, AHERnN & AP. EE ATTORNEYS-AT-LAW ROANOKE, VIRSINIA 24018-1699 with Valley View Mall. Attached as Exhibit "4" 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 subject property. WHEREFORE, the Petitioner requests that the Proffers heretofore adopted by Roanoke City Council relating to the subject property be amended to provide that the former Proffer #1 be deleted and that a new Proffer #1 as set out above be adopted, all of the above in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 1st day of April, 1999. Respectfully submitted, ARC ROANOKE, INC. Of Counsel P.O. Box 6220 Roanoke, VA 24017 natur O~ Z: \WP50\CAROL\ZON I NG\ARC4. PET: L a f 04/08/99 , President CHARLES H. OSTERHOUDT MICHAEL S. FERGUSON EDWARD A. NATT MICHAEL J. AHERON G. StEVEN AGEE MARK D. KIDD KRISTEN KONRAD JOHNSTONE LAW OFFICES ' ''i ' OSTERHOUDT, FEKGUSON, N~-~T, AHERON g AGEE A PROFESSIONAL COP. PORATION '919 ELECTRIC ROAd~,.'i,~)JITE I' '! 3 ~' '~; :5;' P. o. Box 2oo~8 ROANOKE. VIRGINIA 2.4018-0007 April 13, 1999 TELEPHONE 540-774-1197 FAX NO. 540-774-0961 HAND-DELIVERED: Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE 215 Church Avenue, S.W. Room 456, Municipal Building Roanoke, VA 24011-1536 RE: Request of ARC Roanoke, Inc., to amend Proffers previously adopted relating to the rezoning of approximately 8.769 acres property of Official Tax No. 2250105 located on the west side of Oakland Blvd. Dear Mary: Enclosed please find a revised Page 2 of the Fourth Amended Petition to Amend Proffers relating to the above matter which was hand-delivered to you yesterday. The change was made in the top paragraph 1. Please substitute this page in the Petition which you have. Thanking you in advance for your attention to this matter, I am EAN/csb Enclosure pc: Evelyn S. Lander, Secretary Architectural Review Board CITY OF ROANOKE Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Very truly yours, OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. Edward A. Natt HAND-DELIVERED pc: Richard Dickson, ARC James F. Douthat, Esq. Harwell M. Darby, Jr. VIA FACSIMILE: 344-5685 VIA FACSIMILE: 983-7711 VIA FACSIMILE: 224-8050 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 March 29, 1999 File #51 Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron & Agee, P. C. P. O. Box 20068 Roanoke, Virginia 24018-0007 Dear Mr. Natt: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, April 19, 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 ARC Roanoke, Inc., that the proffered conditions for rezoning approximately 8.769 acres of land, located on the west side of Oakland Blvd., N. W., Official Tax No. 2250105, which rezoning was previously approved by the Council of the City of Roanoke, pursuant to Ordinance No. 33361-050597 adopted on May 5, 1997, be amended. For your information, I am enclosing copy of a notice of the public hearing and an Ordinance. A copy of the report of the City Planning Commission will be forwarded at a later date. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 853-2431. It will be necessary for you, or your representative, to be present at the April 19 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:lo Enclosure 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 March 29, 1999 File #51 SANDRA H. EAKIN Deputy City Clerk Roanoke Area Association for Retarded Citizens Ms. Jean B. Showalter, et al. City of Roanoke Round Hill School TRS Valleyview Wesleyan Church Mr. and Mrs. Randolph M. Mann Ms. Rose M. Meadors Mr. and Mrs. William H. Gibbs Ms. Mary F. Cole and Mr. Earl Nesbitt Ms. Jackie L. Austin Mr. and Mrs. Donald F. Thomas Mr. Donnie L. Williams Mr. Charles A. Saunders Mr. and Mrs. Bruce E. Moyer Ms. Ester Marrs Ruff Logan's Roadhouse, Inc. Arizona Funding Corporation Atlantic Financial Group, Ltd. Mr. and Mrs. William J. Parenti Mr. and Mrs. Earl L. Johnston 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 heating for Monday, April 19, 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 ARC Roanoke, Inc., that the proffered conditions for rezoning approximately 8.769 acres of land, located on the west side of Oakland Blvd., N. W., Official Tax No. 2250105, which rezoning was previously approved by the Council of the City of Roanoke, pursuant to Ordinance No. 33361-050597 adopted on May 5, 1997, be amended. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office after Wednesday, April 7. 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:Io 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 April 19, 1999 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Arc Roanoke, Inc., represented by Edward A. Natt, attorney, that conditions on property located on the west side of Oakland Boulevard, N.W., identified by Official Tax Number 2250105, and approved by Ordnance No. 33361-050597 rezoning subject property, be amended. I. Background: Subject property was rezoned from RS-3 to C-2, with conditions in May 1997 for the purposes of constructing a sheltered workshop to provide education, job training, and employment for mentally and physically disabled persons. B. The existing conditions of the 1997 rezoning are as follows: The proposed development will be built in substantial conformity with the Balzer & Associates, Inc., plan dated February 27, 1997, a copy of which is attached to these Proffers as Exhibit "A", subject to comprehensive development plan review and approved by the Roanoke City Planning Commission No certificates of occupancy shall be issued for any new structures on the property until such time as the proposed interchange with 1-581 and access road are constructed and operational. o A landscaped green space (a minimum of 75 feet along the residential property and a portion of the property to be conveyed to Valley View Wesleyan Church and a minimum of 60 feet along the portion of the property between Valley View Wesleyan Church and Round Hill Elementary School) with a 6 foot high berm and a black vinyl chain link fence 6 feet high shall be constructed, planted and maintained by the property owner until such time as ownership of the landscaped greenspace can be conveyed to the Western Virginia Land Trust or other organization acceptable to the City of Roanoke. In the event that the issue of ownership Roanoke City Planning Commission Architectural Review Board Boarc of Zoning Appeals Members of City Council Page 2 That no fast food restaurants, as defined in the Roanoke City Zoning Ordinance located thereon shall be located on the subject property. All lighting on the property shall consist of lighting fixtures designed with shields that prevent any illumination of adjoining residential neighborhoods. o All dumpsters, loading docks, and heating/air conditioning and handling units shall be screened from public view by landscaping, masonry walls, or metal screen walls. o There shall be no motorized vehicular access from any portion of the subject rezoning to the adjacent residential neighborhood. Pedestrian access between the Property and the adjacent residential neighborhood will be provided only as requested by the City of Roanoke. Landscaping of the green space area shall be completed within one (1) year of occupancy of any parcel on the property. 10. The exterior architectural treatment of buildings on the property shall be consistent with commercial buildings at Valley View Mall and have the same level of architectural detail on all sides. 11. Landscaping of the landscaped green space will be in substantial conformity with the attached typical 100 foot section of the landscaped green space prepared by Hill Studio, P.C., dated February 28, 1997. 12. The effective date of this rezoning shall be the date the City accepts the dedication of proposed access road. 13. There will be no outdoor advertising structures or free standing sign structures on the Property other than directional signs and an entrance sign adjacent to Valley View Boulevard Extended indicating entities located on the property. Occupant identification signs on buildings located on the Property will be consistent with Valley View Mall. Co Previous rezoning and its conditions were coordinated with an adjacent Valley View rezoning which proposed development of the former Watts farm for commercial development. Considerable public discussions and hearings were held regarding the development and the rezoning requests. Members of City Council Page 3 II. Current Situation: mo Purpose of the rezoning is to amend the conditions of the previous rezoning. The developer of the subject property, a theater, proposes to construct a building and parking that is substantially different from the development footprint initially proffered by ARC, Inc., in 1997. Also, petitioner has proffered additional conditions relating to trash and parking lot clean up. Bo Request to amend proffered conditions was filed on 3/11/99. Several amended petitions were filed to clarify proffered conditions. Co Neighborhood meeting with residents was held on April 5, 1999. Residents had questions with regard to fencing and maintenance of the storm water detention pond, lighting, location of HVAC units for development and need for extended walk for Valley View mall access. Planning Commission public hearing was held on April 7, 1999. Mr. Ed Natt, representing the petitioner, explained the previous rezoning and the change in conditions. Mr. Jim Douthat, representing the developer, discussed the proposed development for a new theater. It was noted that a minor change was recommended by residents regarding extension of a front entry walk. It was agreed that an amended petition would be filed and a revised plan submitted. Elaine Stinson (3532 Valley View Avenue) expressed concern about the existing detention pond which has resulted in drainage problems to her home. Keith Moore, President of the Williamson Road Action Forum, addressed the Commission and thanked the attorneys for meeting with the neighborhood. He said the forum supported the request to amend the conditions. Fifth amended petition to amend proffered conditions was filed on April 14, 1999. The proffered conditions are as follows: That the proposed development will be built in substantial conformity with the DS Atlantic Site Plan for the Consolidated Theater, Real Estate Innovations, dated February 22, 1999, a copy of which is attached hereto and made a part hereof as Exhibit "3", subject to any changes that may be required by the City during development plan review. In addition, the petitioner shall connect in a continuous fashion the pedestrian walkway adjacent to Valley View Boulevard with the theater entrance. 2. Trash dumpster pickup shall be scheduled after 8:00 a.m. 3. Parking lot cleanup shall occur between 8:00 a.m. and 12:00 noon. Members of City Council Page 4 No certificates of occupancy shall be issued for any new structures on the property until such time as the proposed interchange with 1-581 and access road are constructed and operational. o A landscaped green space (a minimum of 75 feet along the residential property and a portion of the property to be conveyed to Valley View Wesleyan Church and a minimum of 60 feet along the portion of the property between Valley View Wesleyan Church and Round Hill Elementary School) with a 6 foot high berm and a black vinyl chain link fence 6 feet high shall be constructed, planted and maintained by the property owner until such time as ownership of the landscaped greenspace can be conveyed to the Western Virginia Land Trust or other organization acceptable to the City of Roanoke. In the event that the issue of ownership cannot be resolved, the berm, vinyl coated chain-link fence and landscaping shall be constructed and maintained by the Property Owner. That no fast food restaurants, as defined in the Roanoke City Zoning Ordinance located thereon shall be located on the subject property. o All lighting on the property shall consist of lighting fixtures designed with shields that prevent any illumination of adjoining residential neighborhoods. All dumpsters, loading docks, and heating/air conditioning and handling units shall be screened from public view by landscaping, masonry or metal screen walls. There shall be no motorized vehicular access from any portion of the subject rezoning to the adjacent residential neighborhood. 10. Pedestrian access between the Property and the adjacent residential neighborhood will be provided only as requested by the City of Roanoke. 11. Landscaping of the green space area shall be completed within one (1) year of occupancy of any parcel on the property. 12. The exterior architectural treatment of buildings on the property shall be consistent with commercial buildings at Valley View Mall and have the same level of architectural detail on all sides. 13. Landscaping of the landscaped green space will be in substantial conformity with the attached typical 100 foot section of the landscaped green space prepared by Hill Studio, P.C., dated February 28, 1997. Members of City Council Page 5 14. The effective date of this rezoning shall be the date the City accepts the dedication of proposed access road. III. Issues: 15. There will be no outdoor advertising structures or free standing sign structures on the Property other than directional signs and an entrance sign adjacent to Valley View Boulevard Extended indicating entities located on the property. Occupant identification signs on buildings located on the Property will be consistent with Valley View Mall. IV. A. Zoning. B. Land use. C. Utilities. D. Traffic and access. E. Neighborhood. F. Comprehensive Plan. Alternatives: A. City Council approve the rezoning request. Zoning of the property_ is currently C-2 with conditions. The physical layout of building and parking on the property is a condition of the rezoning. All other conditions will remain. Proposed land use of the property will be commercial This is consistent with adjacent commercial properties in the Valley View Mall area. A 75- foot wide landscaped buffer is provided on the perimeter of the commercial area adjacent to the residential neighborhood (a condition of the previous rezoning). 3. Utilities are available to serve the subject development. Traffic and access is available from the newly constructed Valley View Boulevard and from 1-581. No traffic would be routed through the residential neighborhood. o Neighborhood issues were addressed as part of the previous rezoning. These include lighting, buffering, landscaping, controlled pedestrian and Members of City Council Page 6 vehicular access, and exclusion of such uses as fast food restaurants and outdoor advertising structures. Additional questions and issues were addressed as part of the neighborhood meeting on April 5, 1999. 6. Comprehensive Plan recommend~ that: ao Commercial, industrial and residential ~owth should be encouraged through public and private actions to ensure a strong and diversified economic base and employment opportunities for all of Roanoke's citizens. Development of new or existing commercial and industrial area~ should be carefully planned and designed to promote quality development and good land use. Co Neighborhood character and environmental quality should be protected. Possible changes in land use or new public and private development in or near residential areas should be carefully evaluated and designed to conserve and enhance neighborhood quality. B. City Council deny the rezoning request. Zoning remains C-2 with conditions. Development must comply with previous plan. 2. Land use can be in compliance with existing conditions. 3. Utilities are available. 4. Traffic and access addressed in previous rezoning and in conditions. 5. Neighborhood issues addressed. 6. Comprehensive Plan is followed. V. Recommendation: Planning Commission, by a vote of 7-0, recommends approval of the rezoning reque~l. Rezoning of the subject property to commercial in 1997 was discussed in detail at neighborhood meetings, the Planning Commission, and City Council. Use of the subject property for commercial development is appropriate and reasonable. The proposed change in the physical development of the property is consistent with adjacent commercial development. Conditions have been proffered which address various Members of City Council Page 7 neighborhood issues including buffering, lighting, and pedestrian and vehicular access to the commercial area. Respectfully submitted, Barbara N. Duerk, Chairman Roanoke City Planning Commission CC: Steven J. Talevi, Asst. City Attorney Edward A. Natt, Attorney for the Petitioner E'TEJINOU OT, F~'RSUSO N, ATTGRNEYS*AT-LAW 2405l-1 &gl9 FIFTH AM~qD~D PETITION TO _~qD PROFF~__ ~, IN 1~: ~N THE COUNCZL OF Request of Arc Roanoke, Inc., to amend Profters previously adopted rela~ing to the rezoning of approximately 8.769 acres property o£ Ofiicial Tax No. 2250105 located on the west aide o£ Oakland Blvd. TO THE HONORABLE MAYOR AHD M~MBRRH OF THE COUNCIL OF TRB CITY OF ROANOKE: The Petitioner, Arc Roanoke, Inc., owns land in the City of Roanoke containing 12.97 acres, more or less, located west of Oakland Blvd., a portion of said property containing 8.769 acres having been rezoned to C-2 with Proffers on April 21, 1997. Petitioners hereby request that the Proffers related to the rezoning of the 8.769 acres of said tract to C-2, General Commercial District be amended. A map of the subject property ls attached as ~. Pursuant tO Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that Proffers relating to the hereinafter described property, identified as a ion of Official Tax number 2250105, be amended as hereinafter set out, said property being described on ~ ?2"° The Petitioner believes the amendment of Proffers relating to said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will provide an appropriate location for an appropriate commercial use. The petitioner is requesting that the rezoning be subject to the following proffered conditions: Tfl#Oi~rlT. ~'[IGUSON, Ar1', &#[RON & AB[[ IDA#OKI[. VIIIGINI& That %he proposed development will be built in substantial conformity with the DS Atlantic Site Plan for the Consolidated Theater, Real Estate Innovations, dated February 22, 1999 a copy of which is attached hereto and made a part hereof as ~, subject to any changes that may be required by the City during development plan review. In addition, the Petitioner shall connect in a continuous fashion the pedestrian walkway adjacent to Valley View Boulevard with the theater entrance. Trash dumpster pickup shall be scheduled after 8;00 AM. Parking lot cleanup shall occur between 8:00 AM and 12:00 Noon. No certificates of occupancy shall be issued for any new structures on the property until such time as the proposed interchange with 1-581 and access road are constructed and operational. A landscaped greenspace (a minimum of 75 feet along the residential property and a portion of the property to be conveyed to Valley View Wesleyan Church and a minimum of 60 feet along that portion of the property between Valley View Wesleyan Church and Round Mill Elementary School) with a 6 foot high berm and a black vinyl chain link fence 6 feet high shall be constructed, planted and maintained by the Property Owner until such ti~e as ownership of the landscaped greenspace can be conveyed to the Western Virginia Land Trust or other organization acceptable to the City of Roanoke. In the event that the issue of ownership cannot be resolved, the berm, vinyl coated chain-link fence and landscaping shall be constructed and maintained by the Property Owner. That no fast food restaurants, as defined in the Roanoke City Zoning Ordinance located thereon shall be located on the 8.769 acre parcel. All lighting on the Property shall consist of lighting fixtures designed with shields that PFevent any illumination of adjoining residential neighborhoods. 2 IT~.II #OU UT, ATYOlllit YI-&?*LAW It~ANOX~., ~4Otl-I &119 o All dumpsters, loading docks, and heating/air conditions and handling units shall be screened from public view by landscaping, masonry or metal screen walls. 10. There shall be no motorized vehicular access from any portion of the subject rezoning to the adjacent residential neighborhood. Pedestrian access between the Property and the adjacent residential neighborhood will be provided only as req%/ested by the City of Roanoke. 11. Landscaping of the greenspace area shall be completed within one (1) year of occupancy of any parcel on the property. 12. The exterior architectural treatment of buildings on the Property shall be consistent with Commercial buildings at Valley View Mall and have the same level of architectural de=all on all sides. 13. Landscaping of the landscaped greenspace will be in substantial conformity with the attached typical 100 foot section of the landscaped greenspace prepared by Hill Studios, P.C. dated February 28, 1997. 14. The effective date of this rezoning shall be the date the City accepts the dedication of proposed access road. 15. There will be no outdoor advertising structures or free standing sign structures on the Property other than directional signs and an entrance sign adjacent to Valley View Boulevard Extended indicating entities located on the Property. Occupant identification signs on buildings located on the Property will be consistent With Valley View Mall. Attached as ~ 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 subject property. the Petitioner requests that the Proffers heretofore adopted by Roanoke City Council relating to the subject property be amended and the proffered conditions set forth in this Fifth Amended Petition be accepted and adopted in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 1st day of April, i999. Respectfully submitted, ARC ROANOKE, INC. P.O. Box 6220 Roanoke, V.~ 24017 ~.~44~natu-re of~r President Z: VM)50%¢A~OL \ZO# I NG~AltC~. J)E T: ! ef OL! ,T£~t~O(JOT, FENI~SON, J~TTOINf~S-AT-L~W ROANOIL&o ¥1RIINiA Z4gTe-~&$1~ TOTAL P. ~5 DS,4tlantic Ad Number: 1112443 Publisher's Fee: $118.14 OSTERHOUDT FERGUSON NATT P.O. BOX 20068 ROANOKE, VA 24018 The Roanoke Times STATE of VIRGINIA CITY o{ 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: 04/01/99 FULL RUN - Thursday 04/08/99 FULL RUN - Thursday Witness, this 12th day of April 1999 Authorized Signature NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, April 19, 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 the question of amending proffered conditions presently binding up an 8.769-acre tract of land located on the west side of Oakland Boulevard, N.W., and designated as Official Tax No. 2250105, previously conditionally rezoned by Ordinance No. 33361-050597, adopted May 5, 1997. 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 1st day of April , 1999. Mary F. Parker, City Clerk. H:\NOTICEXNAP-ARC 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 April 2, 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 an Amended Petition from Edward A. Natt, Attorney, representing ARC Roanoke, Inc., requesting amendment of the proffered conditions for rezoning of approximately 8.769 acres of land, located on the west side of Oakland Blvd., N. W., Official Tax No. 2250105, which rezoning was previously approved by the Council of the City of Roanoke, pursuant to Ordinance No. 33361 adopted on May 5, 1997. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:lo Enclosure pc; The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Ferguson, Natt, Aheron & Agee, P. C., P. O. Box 20068, Roanoke, Virginia 24018-0007 Richard Dickson, President, ARC Roanoke, Inc., P. O. Box 6220, Roanoke, Virginia 24017 Evelyn S. Lander, Chief, Planning and Community Development Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald L. Smith, Acting Building Commissioner Steven J. Talevi, Assistant City Attorney CHARLES H. OSTERHOUDt MICHAEL S. FERGUSON EDWARD A. NATT MICHAEL ~1. AHERON G. STEVEN AGEE MARK D. KIDD KRISTEN KONRAD JOHNSTONE LA'~ OFFICES OSTEI~HOLIDT, FERGUSON, NATT',,?.A~!E~0~ 8 AGEE A PR-OFE$SIONAL CORPORATIO~ 1919 ELECTRIC ROAD. SUITE I P.o..o×2oo68 '99 ' --':~ 71 I~OA~ O K. E, VI LGI'N IA 24018-000? April 2, 1999 TELEPHONE 540-774-1197 FAX NO. 540-774'0961 VIA F~KN-D DELIVERY Mary Parker, City Clerk 456 Municipal Bldg. 215 Church Avenue, SW Roanoke, VA 24011 Re: ARC Roanoke, Inc. Dear Ms. Parker: Enclosed please find the Amended Petition to Amend Proffers of ARC Roanoke, Inc. I would appreciate your placing this in the proper file. am Thanking you in advance for your attention to this matter, I EAN/laf Enclosure cc: Ms. Evelyn S. Lander Very truly yours, Edward A. Natt Architectural Review Board James F. Douthat, Esq. Mr. Richard Dickson OGTERHOUDT, F'ERGUGON, NATT, AHERDN & AGEE ATT O R N E Y5-AT- LAW ROANOKE, VIRGINIA 24018-1699 AMENDED PETITION TO A~ND PROFFERf IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Request of Arc Roanoke, Inc., to amend Proffers previously adopted relating to the rezoning of approximately 8.769 acres property of Official Tax No. 2250105 located on the west side of Oakland Blvd. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Arc Roanoke, Inc., owns land in the City of Roanoke containing 12.97 acres, more or less, located west of Oakland Blvd., a portion of said property containing 8.769 acres having been rezoned to C-2 with Proffers on April 21, 1997. Petitioners hereby request that one of the Proffers related to the rezoning of the 8.769 acres of said tract to C-2, General Commercial District be amended. A map of the subject property is attached as Exhibit "1" Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that Proffers relating to the hereinafter described property, identified as a portion of Official Tax number 2250105, be amended as hereinafter set out, said property being described on Exhibit "2" The Petitioner believes the amendment of Proffers relating to said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will provide an appropriate location for an appropriate commercial use. The petitioner is requesting that Proffer #1 approved and adopted as part of said rezoning be amended to read as follows: 1. That the proposed development will be built in substantial conformity with the DS Atlantic Site Plan for the Consolidated Theater, Real Estate Innovations, dated February 22, 1999 a copy of which is attached hereto and made a part hereof as Exhibit "3", subject to any changes that may be required by the City during development plan review. 2. All remaining Proffers approved on April 21, 1997 shall remain in full force and effect. Attached as Exhibit "4" 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 subject property. WHEREFORE, the Petitioner requests that the Proffers heretofore adopted by Roanoke City Council relating to the subject property be amended to provide that the former Proffer #1 be deleted and that a new Proffer #1 as set out above be adopted, all of the above in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 1st day of April, 1999. Respectfully submitted, ARC ROANOKE, INC. Of Counsel I'15TERHO U DT, FERGU5ON, NATT, AHERDN & AGEE ATTO R N EY5-AT-LAW ROANOKE, VIRGINIA 2401.q-1699 P O. Box 6220 Roanoke, VA 24017 Z: \WP50\CAROL \ZON I NG\ARC. PET: L af04/O 1/~9 ., President TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE AMENDMENT OF PROFFERS REQUEST OF: Ac Roanoke, Inc.,for property on the west side of Oakland Boulevard, NW, Tax No. 2250105 )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 29th day of March, 1999, notices of a public hearing to be held on the 7th day of April, 1999, on the amendment captioned above to the owner or agent of the parcels listed below at their last known address: Parcel 2250102 2250104 2250602 2250603 2250604 2250605 2140720 2140719 2140418 2151501 2151502 2151503 2250113 2250107 Owner's Name City of Roanoke Round Hill School Trustees Valleyview Wesleyan Church Randolph M. and Jane S. Mann William and Alyce Gibbs Mary F. and Nesbitt Coles Jackie L. Austin Earl and Opal Johnston Donald and Mary Thomas Charles A. Saunders Bruce and Peggy Moyer Robert and Esther Ruff Logan's Roadhouse, Inc. Arizona Funding Corp. Mailing Address 2020 Oakland Boulevard, NW Roanoke, VA 24012 2302 Oakland Boulevard, NW Roanoke, VA 24012 3724 Greenland Avenue, NW Roanoke, VA 24012 3710 Greenland Avenue, NW Roanoke, VA 24012 3702 Greenland Avenue, NW Roanoke, VA 24012 P. O. Box 47524 San Antonio, TX 79265 3544 Valley View Ave., NW Roanoke, VA 24012 3541 Valley View Ave., NW Roanoke, VA 24012 3660 Greenland Avenue, NW Roanoke, VA 24012 3652 Greenland Avenue, NW Roanoke, VA 24012 3646 Greenland Avenue, NW Roanoke, VA 24012 565 Marriott Dr. Ste. 490 Nashville, TN 37214 19601 N. 17th Avenue Phoenix, AZ 85027 2250111 2140409 2250112 2250108 2250101 Atlantic Financial Group, Ltd. William J. and Kathy Parenti FCD - Shenandoah Limited Partners Roanoke Venture II, LLC Dayton Hudson Corp. 1000 Ball Parkway, Suite 304 Arlington, TX 2250111 3544 Courtland Avenue, NW Roanoke, VA 24012 121 W. Trade Street 1900 International Tower Charlotte, NC 28202 5784 Lake Forest Dr., Ste. 228 Atlanta, GA 30328 777 Nicollet Mall Minneapolis, MN 55402 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 29th day of March, 1999. My Commission expires:~~-~ kf// /~ff/]~ LA~/ OFFICES ~",-,,r'-!,,~. OSTERHOUDT, FERGUSON, NATT,:~:~'ILiERON ~ ,~G'EE A PROFESSIONAL CORPORATION 1919 ELECTR. IC ROAD, SUITE I ; L:;; CHARLES H. OSTERHOUDT P.O. BOX 20068 TELEPHONE EDWARD a. NATT R. OANOKE, VIR. GINIA MICHAEL d, AHERON 2/~0 [ 8-000 7 FAX NO, March 22, 1999 Ms. Mary Parker, City Clerk CITY OF ROANOKE 456 Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 RE: ARC Dear Mary: Enclosed please find the following documents relating to the ARC rezoning: 1. Copy of Petition to Amend Proffers which has been signed by the President of ARC as property owner; 2. Amended List of Adjoining Property Owners; and 3. Three copies of the revised site plan. By copy of this letter, we are providing one large copy of the site plan to Erie Lander. The Planning Commission public hearing is set for Wednesday, April 7th at 1:30 PM. The City Council meeting is scheduled for Monday, April 19th at 7:00 PM. With best personal regards, I am Very truly yours, OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. Edward A. Natt EAN/csb Enclosures pc: HAND-DELIVERED Evelyn S. Lander, Secretary Architectural Review Board CITY OF ROANOKE Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Mr. Richard Dickson ARC ROANOKE, INC. P. O. Box 6220 Roanoke, VA 24017 James F. Douthat, Esq. WOODS, ROGERS & HAZLEGROVE P. O. Box 14125 Roanoke, VA 24038-4125 FISTERHOUOT, FERGUSnN, NATT, AHERnN & ASEE ATTORNEYS-AT-LAW ROANnKEo VIRGINIA ~-4018-169 ~J PETITION TO AMEND PROFFERS OF THE CI~% OF ROANOKE, VIRGINIA IN THE COUNCIL iN RE: Request of Arc Roanoke, inc., to amend Proffers previously adopted relating to the rezoning of approximately 8.769 acres property of Official Tax No. 2250105 located on the west side of Oakland Blvd. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Arc Roanoke, Inc., owns land in the City of Roanoke containing 12.97 acres, more or less, located west of Oakland Blvd., a portion of said property containing 8.769 acres having been rezoned to C-2 with Proffers on April 21, 1997. Petitioners hereby request that one of the Proffers related to the rezoning of the 8.769 acres Commercial District be amended. attached as Exhibit "1". of said tract to C-2, General A map of the subject property is Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that Proffers relating to the hereinafter described property, identified as a portion of Official Tax number 2250105, be amended as hereinafter set out, said property being described on Exhibit "2" The Petitioner believes the amendment of Proffers relating to said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will provide an appropriate location for an appropriate commercial use. The petitioner is requesting that Proffer #1 approved and adopted as part of said rezoning be amended to read as follows: 1. That the proposed development will rlSTERHnU DT, FERBUSnN, NATT, AHERDN ,~ AGEE ATTD R N EYS-AT- LAW RDANnK£, VIRI]INIA 24018-1699 be built in substantial conformity with the DS Atlantic Site Plan for the Consolidated Theater, Real Estate Innovations, a copy of which is attached hereto and made a part hereof as Exhibit "3". Attached as Exhibit "4" 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 subject property. W~EREFORE, the Petitioner requests that the Proffers heretofore adopted by Roanoke City Council relating to the subject property be amended to provide that the former Proffer #1 be deleted and that a new Proffer #1 as set out above be adopted, all of the above in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this llth day of March, 1999. Respectfully submitted, ARC ROANOKE, INC. Of Counsel P.O. Box 6220 Roanoke, VA 24017 Z: \WP50\CAROL \ZON I NG\ARC. PET: I. af03/12/99 EXIIII~IT '1' II II II II II $1 II Il · .~ 1',--.._ ii II II - I ! I : EXHIBIT LEGAL DESCRIPTION FOR 8.769 ACRES OF LAND BEING R. EZONED FROM RS-3 TO C-2 SITUATED IN THE NORTHWEST SECTION OF THE CITY OF ROANOKE AND MORE PAKTIC~¥ DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NOR%/-!WESTERLY LIN-E OF OAS<LAND BOULEVARD, N.W. (60' RIGHT-OF-WAY), 974.84' AS MEASUP, ED ALONG THE NORTh'WESTERLY LiNE OF OAKLJkND BOULm-~;ARD, SOUTI-UNESTERLY FROM ITS POINT OF INTERSECTION WITH THE SOUTHWESTERLY LiNE OF GREENLAND AVENUE; THENCE LEAVING SAID POINT AND WITH THE LI~Xrg OF PROPERTY OF THE CITY OF ROANOKE AS RECORDED IN DEED BOOK 1066, PAGE 375, N 48°17'32"W 323.72 FEET TO A POINT ON THE LIN-E OF SAID CITY OF ROANOKE PROPERTY-, THE ACTUAJ~ POINT OF BEGl'N19~NG; THENCE WITH THE LiNE OF SAID CITY OF ROANOKE PROPERTY N48°17'32"W 612.67 FEET TO A POINT ON THE LINE OF PROPERTY OF DAVID W. AND R3%ENA GORDON SHOWALTER AS RECORDED IN DEED BOOK 1625, PAGE 1355; THENCE WITH THE LINE OF SAID SHOWALTER PROPERTY N42o07'28"E 713.59 FEET TO A POINT ON THE LiN'E OF BLOCK K, MA? NO. 3 ROUND HILL TER_R.~CE AS RECORDED IN MA? BOOK 1, PAGE 93; THENCE WiTH THE LINE OF SAID MAP NO. 3 ROUND HiLL TERRACE 'AND BLOCK F, .MAP NO. 2 ROUND HILL TERRACE AS RECORDED IN MAP BOOK 1, PAGE 58, S 50°51'00"E 358.35 FEET TO A POINT ON THE LiNE OF SAiD MAP NO. 2 RObeD HiLL TER_R.~CE; THENCE WITH A LINE THROUGH PROPERTY OF ROANOKE AREA ASSOCIATION FOR RETARDED CITIZENS, INC. AS RECORDED IN DEED BOOK 1349, PAGE 122, S39o09,00"W !75.00 FEET TO A POINT~ THENCE CONTINI/iNG THROUGH SAID ROA~N'OKE ~EA ASSOCIATION FOR RET~:LDED CITIZENS, iNC. PROPERTY S15~24'00''E 204.69 FEET TO THE MOST WESTERLY CORNER OF PROPERTY- OF TRUSTEES OF V.ZtLLEY VIEW WESLEYA~N CI-K/RCH AS RECORDED IN DEED BOOK 1329, PAGE 358; THENCE WiTH THE LINE OF SAID TRUSTEES OF VALLEY VIEW WESLEYAN CHI/RCH PROPERTY; S48°16'00"E 70.00 FEET TO A POINT ON THE LINE OF SAiD TRUSTEES OF VALLEY VIEW WESLEYAN CHURCH PROPERTY; THENCE WITH A LINE THROUGH SAiD ROANOKE AREA ASSOCIATION FOR RETARDED CITIZENS, iNC. PROPERTY S4!~44'00"W'4~3.54 TO THE ACTUAL POINT OF BEGINNING, CONTAINING 8.769 ACRES. Exhibit "3" R5TERHGUDT, FERGUSI]N, NATT, AHERDN & AGEE ATTO R N E YS-AT- LAW ROANOKE, VIRGINIA 24018'1699 Name EXHIBIT "4" AMENDED LIST OF PROPERTY OWNERS Address Tax Numbers Roanoke Area Association for Retarded Citizens P.O. Box 6157 Roanoke, VA 24017 Jean B. Showalter, et al. 1272 Rockland Ave., NW Roanoke, VA 24012 City of Roanoke Round Hill School 2020 Oakland Blvd., NW Roanoke, VA 24012 TRS Valle!rview Wesleyan Church 2302 Oakland Blvd, NW Roanoke, VA 24012 Randolph M. and Jane S. Mann 3724 Greenland Ave., NW Roanoke, VA 24012 Rose M. Meadors 2411 Vancouver Dr., NW Roanoke, VA 24012 William H. and Alyce A. Gibbs 3710 Greenland Ave., NW Roanoke, VA 24012 Mary F. Cole and Earl Nesbitt 3702 Greenland Ave., NW Roanoke, VA 24012 2250105 2250101 2250102 2250104 2250602 2260603 2250603 2250604 2250605 P. O. Box 1198 Centennial Park, AZ 86021 Jackie L. Austin Earl L. and Opal T. Johnston Donald F. and Mary B. Thomas Donnie L. Williams Charles A. Saunders P.O. Box 47524 San Antonio, TX 78265 2140720 3544 Valley View Ave., NW Roanoke, VA 24012 2140719 3541 VAlley View Blvd., NW Roanoke, VA 24012 2140418 102 Copperfield Road Wirtz, VA 24184 3660 Greenland Ave., NW Roanoke, VA 24012 2170409 2141501 Bruce Edwin Moyer and Peggy Ann Moyer Esther Marrs Ruff Logan's Roadhouse, Inc. Arizona Funding Corporation Atlantic Financial Group, Ltd. William j. and Kathy B. Parenti 3652 Greenland Ave., NW Roanoke, VA 24012 3646 Greenland Avenue NW Roanoke, VA 24012 Valley View Blvd., NW Roanoke, VA 24012 19601 N. 17th Avenue Phoenix, AZ 85027 1000 Ball Parkway Suite 304 Arlington, TX 76001 3544 Courtland Ave., NW Roanoke, VA 24012 2151502 2151503 2250113 2250107 2250111 2140409 DSTERHOUDT, FERGUSON, NATT, AHERDN & AGEE ATTD R N EYS-AT- LAW ROANOKE, VIRGINIA 24018-~699 ..,,,,, NOTICE OF PUBLIC HEARING BEFORE THE ROloKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: '99 !': -'~ ~ ;, , .... The Roanoke City Planning Commission will hold a public hearing on Wednesday, April 7, 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 Arc Roanoke, Inc., represented by Edward A. Natt, attorney, that conditions on property located on the west side of Oakland Boulevard, N.W., identified by Official Tax No. 2250105, and approved by Ordinance No. 33361-050597 rezoning subject property, be amended. A copy of said application is available for review in the Department of Planning and Community Development, Room 166, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please print in newspaper on Tuesday, March 23, 1999 and March 30, 1999 Please bill: Edward A. Natt P. O. Box 20068 Roanoke, VA 24018-0007 774-1197 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 240~ 1-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy' City Clerk March 12, 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 from Edward A. Natt, Attorney, representing ARC Roanoke, Inc., requesting amendment of the proffered conditions for rezoning of approximately 8.769 acres of land, located on the west side of Oakland Blvd., N. W., Official Tax No. 2250105, which rezoning was previously approved by the Council of the City of Roanoke, pursuant to Ordinance No. 33361 adopted on May 5, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Ferguson, Natt, Aheron & Agee, P. C., P. O. Box 20068, Roanoke, Virginia 24018-0007 Richard Dickson, President, ARC Roanoke, Inc., P. O. Box 6220, Roanoke, Virginia 24017 Evelyn S. Lander, Chief, Planning and Community Development Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald L. Smith, Acting Building Commissioner Steven J. Talevi, Assistant City Attorney CHARLES H, OSTERHOUDT MICHAEL S. FERGUSON EDWARD A. NATT MICHAEL J. AHERON g. STEVEN AGEE MARK D. KIDD KRISTEN KONRAD JOHNSTONE LAW OFFICES OSTERHOUDT, FERGUSON, NATT, ~'~F~RON 8 ~ACE~E ^ PR. OFE551ONAL CORPORATION 1919 ELECTRIC ROAD. SUITE I P. O. BOX 200g8 ROANOKE. VIRGINIA 24018-0007 March 11, 1999 TELEPHONE 540'? 74-1197 FAX NO. 540'774-0961 Ms. Mary F. Parker, City Clerk CITY OF ROANOKE 456 Municipal Building 215 W. Church Avenue Roanoke, VA 24011 HAND-DELIVERED RE: ARC Roanoke, Inc. Dear Ms. Parker: Enclosed please find original and one copy of a Petition to Amend the Proffers on the ARC rezoning which was approved by Roanoke City Council in 1997. I will send an updated list of adjoining property owners later as I won't have time today to verify that they have not changed. I would appreciate your seeing that this matter is referred to the Planning Commission for its review and consideration at its April 7th meeting. I have talked with Erie Lander in the Roanoke City Planning Department and we would like to pre-advertise this matter for public hearing before Roanoke City Council at its April 19th public hearing session. Enclosed please find our firm's check in the amount of $50.00 to pay for the application fee for this Petition to Amend Proffers. Very truly yours, OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. Edward A. Natt EAN/csb Enclosures pc: James F. Douthat, Esq. WOODS, ROGERS & HAZLEGROVE P. O. Box 14125 Roanoke, VA 24038-4125 pc.' Mr. Richard Dickson ARC ROANOKE, INC. P~ O. Box 6220 Roanoke, VA 24017 Evelyn S. Lander, Secretary Architectural Review Board CITY OF ROANOKE Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 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 May 5, 1999 File #514 Ronald M. Martin, AIA Martin & Associates Architects P. O. Box 20038 Roanoke, Virginia 24018 Dear Mr. Martin: I am enclosing copy of Ordinance No. 34254-050399 permanently vacating, discontinuing and closing a portion of Edmund Avenue, N. E., a portion of Light Street, and an undeveloped alley located at the intersection of Baldwin Avenue which runs parallel to Edmund Avenue and proceeding in a northeasterly direction for approximately 630 feet to the intersection of Light Street. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, April 19, 1999, also adopted by the Council on second reading on Monday, May 3, 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 Enclosure Ronald M. Martin May 5, 1999 Page 2 pc~ Donald L. Thorne, Executive Director, Roanoke Valley SPCA, 1313 Eastern Avenue, N. E., Roanoke, Virginia 24012 Ms. Sandra L. Overstreet, 4136 Mudlick Road, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Dale Wallvort, 1321 Eastern Avenue, N. E., Roanoke, Virginia 24012 Barbara N. Duerk, Chair, City Planning Commission, 2607 Rosalind Avenue, S. W. Roanoke Virginia 24014 James D. Ritchie, Sr., Acting City Manager William X Parsons, Acting City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director, Real Estate Valuation Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Ronald L. Smith, Acting Building Commissioner Evelyn S. Lander, Chief, Planning and Community Development Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission H:~.GENDA99~IAY3. I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1999. No. 34254-050399. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. WHEREAS, Roanoke Valley SPCA 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, an Amended Petition was filed March 22, 1999, as a follow-up to the Planning Commission hearing; and WHEREAS, a public hearing was held on said application by the City Council on April 19, 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 fight-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public fight-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: From a point located at the intersection of 13th Street and Edmund Avenue (an undeveloped street) and proceeding in a northeastern manner for approximately seven hundred thirty feet (730') to the intersection of Edmund Avenue and Light Street (another undeveloped street), then proceeding in a southeastern manner for approximately three hundred feet (300') to the intersection of Light Street and the existing Baldwin Avenue; and from a point located at the intersection of Baldwin Avenue and said alley, which runs parallel to Edmund Avenue, and proceeding in a northeastern manner for approximately six hundred thirty feet (630') to the intersection of Light Street (an undeveloped street). be, and is hereby permanently vacated, discontinued and closed, and that all fight and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the fight-of-way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public fight-of-way, together with the fight of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, 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, and dedicating a twenty (20) foot wide pedestrian and bicycle trail easement along the southerly edge of Edmund Avenue and the westerly edge of Light Street. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court for 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, 3 Virginia, as Grantor, and in the name of the applicant, and the name of any other party in interest who may so request, as Grantee, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that the City Engineer shall, upon receiving the afore- mentioned Clerk's receipt, mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of-way is shown, referring to the book and page ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER 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. H:\ORD-CLOS\OC-SPCA2 4 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 March 29, 1999 File #514 SANDRA H. EAKIN Deputy City Clerk Ronald M. Martin, AIA Martin & Associates Architects P. O. Box 20038 Roanoke, Virginia 24018 Dear Mr. Martin: 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, April 19, 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 the Roanoke Valley SPCA that a portion of Edmund Avenue, N. E., a portion of Light Street, and an undeveloped alley located at the intersection of Baldwin Avenue which runs parallel to Edmund Avenue and proceeding in a northeasterly direction for approximately 630 feet to the intersection of Light Street, be permanently vacated, discontinued and closed. For your information, I am enclosing copy of a notice of the public hearing and a report of the City Planning Commission with regard to the matter. Copy of the Ordinance will be provided at a later date. 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 April 19 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io 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 March 29, 1999 File #514 SANDRA H. EAKIN Deputy City Clerk Don Thome, Executive Director Roanoke Valley SPCA 1313 Eastern Avenue, N. E. Roanoke, Virginia 24012 Mr. and Mrs. Dale Wallvort 1321 Eastern Avenue, N. E. Roanoke, Virginia 24012 Ms. Sandra L. Overstreet 4136 Mudlick Road, S. W. Roanoke, Virginia 24018 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 heating for Monday, April 19, 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 the Roanoke Valley SPCA that a portion of Edmund Avenue, N. E., a portion of Light Street, and an undeveloped alley located at the intersection of Baldwin Avenue which runs parallel to Edmund Avenue and proceeding in a northeasterly direction for approximately 630 feet to the intersection of Light Street, be permanently vacated, discontinued and closed. The City Planning Commission has recommended approval of the request. If you would like to receive a copy of the City Planning Commission's report, please call the City Clerk's Office at 853- 2541. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning and Community Development at 853-2344. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io 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 April 19, 1999 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: Subject: Request of the Roanoke Valley SPCA, represented by Ronald M. Martin, AIA, that certain streets and alleys in the Edmund Avenue, 13th Street, Light Street and Baldwin Avenue N.E., area of the City be permanently vacated, discontinued and closed. I. Background: Application to close and permanently vacate the above described streets and alleys was initially reviewed by the Planning Commission at its regular meeting of September 3, 1997. Commission referred its recommendation for approval to City Council on October 22, 1997. Ordinance No.33634- 110397, was adopted by City Council on October 22, 1997, to provide for the closing and permanent vacation of certain streets and alleys in the Edmtmd Avenue, 13th Street, Light Street and Baldwin Avenue N.E., area of the City. Ordinance was adopted subject to the condition that the applicant was to submit a subdivision plat to the City, receive the City's approval thereof, and record said subdivision plat in the Office of the Clerk of Circuit Court, within a period of six (6) months from the effective date of the ordinance. Condition as set by the ordinance provided that if the required subdivision plat was not submitted and recorded within the specified six month period, then the ordinance would become null and void with no further action by City Council being necessary. Applicant failed to comply with the conditions of the ordinance. Required subdivision plat was not submitted within the time period specified in the ordinance. The six month deadline expired on May 13, 1998. Applicant subsequently requested that the expired deadline be extended to provide more time, but City staff was advised that only City Council has the authority to extend or amend the ordinance. Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals Members of Council Page 2 Fo Applicant was advised that he would have to re-apply to the City in order to effect and finalize the official closure and permanent vacation of the subject streets and alleys. II. Current Situation · Applicant re-submitted an application on February 4, 1999, to close and permanently vacate the following streets and alleys: An undeveloped portion of Edmund Avenue N.E., from its intersection with 13th Street N.E., proceeding in an easterly direction for approximately 730 feet to an intersection with an undeveloped portion of Light Street N.E.; An undeveloped portion of Light Street N.E., from its intersection with an undeveloped portion of Edmund Avenue N.E., thence proceeding in a southeasterly direction for approximately 300 feet to Baldwin Avenue N.W.; o An undeveloped alleyway extending from an intersection with Baldwin Avenue N.E., in a northeasterly direction for approximately 630 feet to an intersection with Light Street N.E. Bo Planning Commission reviewed the application at its public heating held on March 3, 1999. Discussion included the issue concerning the need for certain easements to be granted to the City for pedestrian and bicycle trails (greenways) through certain areas of the property. Co Application includes a proposal to grant a twenty foot wide easement to the City of Roanoke for the future development of pedestrian access and/or "greenways", along the current northern edge of Edmund Avenue and the easterly edge of Light Street. Applicant does not own all of the properties abutting the northerly edge of Edmund Avenue nor the easterly edge of Light Street, N.E. ° Planning staff requested that the applicant amend the current application to change the location of the subject easements to the southerly edge of Edmund Avenue and the westerly edge of Light Street, N.E Applicant agreed at the Planning Commission's regular meeting of March 3, 1999, to amend the current application as requested. D. Amended application was submitted on March 15, 1999. III. Issues: A. Neighborhood impact. Members of Council Page 3 B. Traffic impact. C. Utilities within the public right-of-way. D. Creation of a dead-end street or alley. E. Land use. F. Relationship to the comprehensive plan. IV. Alternatives: Approve the applicant's request to close and permanently vacate the public street portions and alley as described in the submitted application and as shown on Map A, as attached to this report, subject to certain conditions as outlined in part V. of this report. 1. Neighborhood impact: ao Only 2 houses are located in the general proximity of the lands proposed for the expansion of the SPCA facilities. b° Expansion of the facility at this location should have minimal impact on the surrounding neighborhood. ° Traffic impact. Public rights-of-way requested for closure have never been developed. Closure will have no impact on traffic or traffic needs in the area. 3. Utilities within the public rights-of-way. a. City has no utilities in the subject rights-of-way. bo American Electric Power has facilities within the public rights-of- way. 4. Creation of a dead-end street or alley would not be an issue. o Land use. Applicant should be required to submit to the City for approval and record with the Clerk of Circuit Court, a subdivision plat combining thereon any and all lots or parcels of land that would otherwise be landlocked as a result of the requested closure. 6. Relationship to the comprehensive plan. Request is consistent with the intent Members of Council Page 4 of the comprehensive plan that available land should be utilized in the most appropriate manner. Bo Deny the applicant's request to close and permanently vacate the described portions of streets and alleys. 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 or alley would not be an issue. 5. Land use would not be an issue. o Relationship to the comprehensive plan. Land within the subject fights-of- way will remain in its same idle and non-productive status. V. Recommendation: Planning Commission, by a vote of 5-0 (Messrs. Butler and Dowe absent) recommends that City Council approve the applicant's request to close and permanently vacate a portion of Edmund Avenue, Light Street and a certain public alley as described in the applicant's amended application, subject to the following conditions: mo The applicant shall submit to the City for its review and approval, receive approval of and record in the Office of the Clerk of Circuit Court, a subdivision plat, with said plat providing thereon for the following: The disposition of the land within the right-of-way to be vacated, in a manner consistent with the requirements of Chapter 31, Subdivisions,of the Code of the City of Roanoke (1979) as amended. The retention of appropriate easements, together with the right of public passage over the same, for subsurface installation and maintenance of any and all existing utilities that may be located within the fights-of-way. The dedication of twenty (20) foot wide pedestrian and bicycle trail easements along the southerly edge of Edmund Avenue and the westerly edge of Light Street, N.E., or at locations that are mutually agreed upon by the City and the property owners during or immediately after building construction is completed on the property. Members of Council Page 5 If the subdivision is not approved by the City, and recorded by the applicant within a period of six (6) months from the date of the ordinance providing for the closure of the subject rights-of-way, 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 attachment cc: Assistant City Attorney Petitioner's Agent IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA AMENDED APPLICATION MARCH 15, 1999 IN RE: APPLICATION of the Roanoke Valley SPCA for vacation of a portion of Edmund Avenue, a portion of Light Street, and one undeveloped alley APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF TWO STREETS & ONE ALLEY MEMBERS OF COUNCIL: The Roanoke Valley SPCA hereby applies to have a portion of Edmund Avenue, a portion of Light Street, and one continuous alley, located 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. These streets and alley are more particularly described on the map attached and as follows: A. CLOSURE OF STREETS: From a point located at the intersection of 13th Street and Edmund Avenue (an undeveloped street) and proceeding in a northeastern manner for approximately seven hundred thirty feet (730') to the intersection of Edmund Avenue and Light Street (another undeveloped street), then proceeding in a southeastern manner for approximately three hundred feet (300') to the intersection of Light Street and the existing Baldwin Avenue. B. CLOSURE OF ALLEY: From a point located at the intersection of Baldwin Avenue and said alley, which runs parallel to Edmund Avenue, and proceeding in a northeastern manner for approximately six hundred thirty feet (630') to the intersection of Light Street (an undeveloped street). Said alley is noted on the City of Roanoke Tax map as having a ten foot (10') wide right-of-way. The Roanoke Valley SPCA states that the grounds for this application are as follows: 1. The Roanoke Valley SPCA currently owns property abutting the northern side of Edmund Avenue' for a distance of approximately three hundred fifty feet (350') and operates an animal shelter on said proper~y. 2. The Roanoke Valley SPCA has recently purchased the approximate three (3) acres of property, abutting the southern side of Edmund Avenue, for a distance of approximately seven hundred'thirty feet (730'). The intent of this purchase is to expand existing operations at the current location. In doing so, the vacation and abandonment of the undeveloped Edmund Avenue is desirable to provide a contiguous parcel of property for the Roanoke Valley SPCA use. o The Roanoke Valley SPCA is also desirous of vacating and closing the undeveloped and remaining portion of Light Street, located on the northeastern and eastern side of the property recently purchased. The abutting portion of Light Street, located in a northerly manner, has previously been permanently vacated and closed by Ordinance #29025, dated March 28, 1988. One existing ten foot (10') wide alley traverses the property recently purchased by the Roanoke Valley SPCA. The abandonment of this existing alley is necessary to provide a contiguous parcel, of sufficient size, to construct a new facility thereon. Upon permanent closure of the undeveloped portions of Edmund Avenue and Light Street, as described herein, the Roanoke Valley SPCA hereby proposes to grant a twenty-foot wide easement, to the City of Roanoke, for the future development of pedestrian and bicycle access and/or "greenways", along the current right-of-way in both Edmund Avenue and Light Street. The exact location of the twenty-foot wide easement shall be along the current southerly edge of Edmund Avenue and the westerly edge of Light Street. If mutually agreed upon by the property owner and the City of Roanoke, the location of this easement may be altered during the design and development of this property. Prior to the submission of the comprehensive site plan, to the City of Roanoke, the proposed easement will be coordinated with the City of Roanoke Planning staff, to provide a mutually beneficial location for future pedestrian and bicycle access along the existing right-of-ways. Property owners which directly abut the requested street and alley closings include the following: (a) Roanoke Valley SPCA (Petitioner) 1313 Eastern Avenue Roanoke, Virginia 24012 Tax Map #3210314 thru 3210322 (b) Dale & Mary Jo Wallvort 1321 Eastern Avenue Roanoke, Virginia 24012 Tax Map #3210307 thru 3210313 #3210323 thru 3210329 (c) Roanoke Valley SPCA (Petitioner) 1 313 .Eastern Avenue Roanoke, Virginia 24012 Tax Map//3210401 thru 3210418 //3210419 thru 3210433 (d) Sandra L. Overstreet 4136 Mudlick Road Roanoke, Virginia 24018 Tax Map #3210701 thru 3210708 #3210712 thru 3210722 #3210616 thru 3210620 WHEREFORE, the Roanoke Valley SPCA respectfully requests that the above described street and alley be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. Respectfully submitted, ~Vl~ailnd ~11~ sU:ortc;:; e~s I, AA r c hit e ct, Acting as Agent for ROANOKE VALLEY SPCA February 1, 1999 Attachment 'A' - February 1, 1999 Attachment 'B' - February 1, 1999 VACATE99.APP.AMENDED.wpd q '¢'c.~' ££ 4,0 .-' MAP A The Roanoke Times Ad Number: 1112476 'Publisher's Fee: $196.90 RONALD M. MARTIN, A/A MARTIN & ASSOC., ARCHITE P. O. BOX 20038 ROANOKE, VA 24018 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: 04/01/99 FULL RUN 04/08/99 FULL RUN 04/~°~ - TULL ..... - Thursday Th~d~ - Thursday - Tl'l~sday Witness, this 12th day of April 1999 Authorized Signature NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, April 19, 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 right-of-way, the following public rights-of-way: From a point located at the intersection of 13th Street and Edmund Avenue (an undeveloped street) and proceeding in a northeastern manner for approximately seven hundred thirty feet (730') to the intersection of Edmund Avenue and Light Street (another undeveloped street), then proceeding in a southeastern manner for approximately three hundred feet (300') to the intersection of Light Street and the existing Baldwin Avenue; and from a point located at the intersection of Baldwin Avenue and said alley, which runs parallel to Edmund Avenue, and proceeding in a northeastern manner for approximately six hundred thirty feet (630') to the intersection of Light Street (an undeveloped street). A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 1st day of April , 1999. Mary F. Parker, City Clerk. H:XNOTICEXNA-SPCA.2 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 March 23, 1999 File #514 SANDRA H. EAKIN Deputy City Clerk Barbara N. Duerk, Chair City Planning Commission 2607 Rosalind Avenue, S. W. 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 Amended Application from Ronald M. Martin, Agent, representing the Roanoke Valley SPCA, requesting that a portion of Edmund Avenue, N. E., a portion of Light Street, and an undeveloped alley located at the intersection of Baldwin Avenue which runs parallel to Edmund Avenue and proceeding in a northeasterly direction for approximately 630 feet to the intersection of Light Street, 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 Ronald M. Martin, AIA, Martin & Associates Architects, P. O. Box 20038, Roanoke, Virginia 24018 Evelyn S. Lander, Chief, Planning and Community Development Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney J. Thomas Tasselli, Development Review Coordinator Edward R. Tucker, City Planner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA AMENDED APPLICATION MARCH 15, 1999 IN RE: APPLICATION of the Roanoke Valley SPCA for vacation of a portion of Edmund Avenue, a portion of Light Street, and one undeveloped alley APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF TWO STREETS & ONE ALLEY MEMBERS OF COUNCIL: The Roanoke Valley SPCA hereby applies to have a portion of Edmund Avenue, a portion of Light Street, and one continuous alley, located 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. These streets and alley are more particularly described on the map attached and as follows: CLOSURE OF STREETS: From a point located at the intersection of 13th Street and Edmund Avenue (an undeveloped street) and proceeding in a northeastern manner for approximately seven hundred thirty feet (730') to the intersection of Edmund Avenue and Light Street (another undeveloped street), then proceeding in a southeastern manner for approximately three hundred feet (300') to the intersection of Light Street and the existing Baldwin Avenue. Bo CLOSURE OF ALLEY: From a point located at the intersection of Baldwin Avenue and said alley, which runs parallel to Edmund Avenue, and proceeding in a northeastern manner for approximately six hundred thirty feet (630') to the intersection of Light Street (an undeveloped street). Said alley is noted on the City of Roanoke Tax map as having a ten foot (10') wide right-of-way. The Roanoke Valley SPCA states that the grounds for this application are as follows: The Roanoke Valley SPCA currently owns property abutting the northern side of Edmund Avenue for a distance of approximately three hundred fifty feet (350') and operates an animal shelter on said property. The Roanoke Valley SPCA has recently purchased the approximate three (3) acres of property, abutting the southern side of Edmund Avenue, for a distance of approximately seven hundred thirty feet (730'). The intent of this purchase is to expand existing operations at the current location. In doing so, the vacation and abandonment of the undeveloped Edmund Avenue is desirable to provide a contiguous parcel of property for the Roanoke Valley SPCA use. The Roanoke Valley SPCA is also desirous of vacating and closing the undeveloped and remaining portion of Light Street, located on the northeastern and eastern side of the property recently purchased. The abutting portion of Light Street, located in a northerly manner, has previously been permanently vacated and closed by Ordinance #29025, dated March 28, 1988. One existing ten foot (10') wide alley traverses the property recently purchased by the Roanoke Valley SPCA. The abandonment of this existing alley is necessary to provide a contiguous parcel, of sufficient size, to construct a new facility thereon. Upon permanent closure of the undeveloped portions of Edmund Avenue and Light Street, as described herein, the Roanoke Valley SPCA hereby proposes to grant a twenty-foot wide easement, to the City of Roanoke, for the future development of pedestrian and bicycle access and/or "greenways", along the current right-of-way in both Edmund Avenue and Light Street. The exact location of the twenty-foot wide easement shall be along the current southerly edge of Edmund Avenue and the westerly edge of Light Street. If mutually agreed upon by the property owner and the City of Roanoke, the location of this easement may be altered during the design and development of this property. Prior to the submission of the comprehensive site plan, to the City of Roanoke, the proposed easement will be coordinated with the City of Roanoke Planning staff, to provide a mutually beneficial location for future pedestrian and bicycle access along the existing right-of-ways. Property owners which directly abut the requested street and alley closings include the following: (a) Roanoke Valley SPCA (Petitioner) 1313 Eastern Avenue Roanoke, Virginia 24012 Tax Map #3210314 thru 3210322 (b) Dale & Mary Jo Wallvort 1321 Eastern Avenue Roanoke, Virginia 24012 Tax Map #3210307 thru 3210313 #3210323 thru 3210329 (c) Roanoke Valley SPCA (Petitioner) 1313 Eastern Avenue Roanoke, Virginia 24012 Tax Map #3210401 thru 3210418 #3210419 thru 3210433 (d) Sandra L. Overstreet 4136 Mudlick Road Roanoke, Virginia 24018 Tax Map #3210701 thru 3210708 #3210712 thru 3210722 #3210616 thru 3210620 WHEREFORE, the Roanoke Valley SPCA respectfully requests that the above described street and alley be vacated by the Council of the City of Roanoke,~Virginia, in accordance with Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. Respectfully submitted, Acting as Agent for ROANOKE VALLEY SPCA February 1, 1999 Attachment 'A' - February 1, 1999 Attachment 'B' - February 1, 1999 VACATE99.APP.AMENDED.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 March 23, 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 First Amended Petition from R. Craig Balzer, Agent, representing James L. Brookes, requesting that a tract of land located at the northeast corner of Keagy Road and Crestmoor Drive, S. W. intersection, identified as Official Tax No. 5140201, be rezoned from RS-l, Residential Single-Family District, to C-1, Office District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council James L. Brookes, 2257 Maderville Canyon Road, Los Angeles, California 90049 R. Craig Balzer, AIA, Executive Vice President, Balzer and Associates, Inc., 1208 Corporate Circle, S. W., Roanoke, Virginia 24018 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 PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIR~IA 7 '~, ~::~ ~ :'~ IN RE: 1st Amended Petition Rezoning of a tract of land lying on the northeast comer of Keagy Road and Crestmoor Drive intersection corresponding to Tax Map//5140201, from RS-1 to C-l, such rezoning to be subject to certain conditions. (No address is available due to the property being vacant.) TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, James L. Brookes, owns land in the City of Roanoke containing 2.24 acres, more or less, located on Crestmoor Drive corresponding to Tax Map #5140201. Said tract is currently zoned RS-1. A map of the property to be rezoned is attached as Exhibit C. 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 RS-1 District to C-1 District, subject to certain conditions set forth below, for general and professional office and medical office or clinic 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 plm~, in that it will provide for residential style office building and duplex design sympathetic to the adjacent residential neighborhood while providing for attractive streetscape along Keagy Road. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: 1. That the property will be developed in substantial conformity with the plan prepared by Balzer and Associates, Inc., dated March 23, 1999, a copy of which is attached to the Petition for Rezoning as Exhibit A, subject to any changes required by the City during site plan review. 2. Future use of property will be limited to general and professional offices (18), medical clinics (19), medical offices (20), as defined in Section 36.1 - 185 of the City zoning ordinance. 3. All access to and from the property will be limited to Keagy Road. Attached as Exhibit B 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 rezone& 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 of Roanoke. Respectfully submitted this 1 lt~ day of March, 1999. Respectfully submitted, By: . - - ~ R. Craig Balze~AIA, Execu~ve Vice President Balzer and Associates, Inc. 1208 Corporate Circle Roanoke, VA 24018 (Tel) (540) 772-9580 (Fax) (540) 772-8050 (Signature of Owner) Agent for Seller, James L. Brooks EXHIRIT B LISTING OF ADJOINING PROPERTY OWNERS Official Tax No. 5140202 5140207 5140112 5140117 5170230 Name Mary Jane Maxwell Hunter H. Burrow American Electric Power Hugh A. Meagher Sandra S. Puckett Marline Address 4219 Belle Air Circle Roanoke, VA 24018 4323 Belle Air Circle Roanoke, VA 24018 40 Franklin Road, S.W. Roanoke, VA 24011 1201 Crestmoor Drive, S.W. Roanoke, VA 24018 1318 Crestmoor Drive, S.W. Roanoke, VA 24018 l I I I I / zONING MAP $~£,'7- /~o. 514 OFFIC~c OF 7-H~' CITY' ?/0.,". March 23, 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 First Amended Petition from R. Craig Balzer, Agent, representing James L. Brookes, requesting that a tract of land located at the northeast corner of Keagy Road and Crestmoor Drive, S. W. intersection, identified as Official Tax No. 5140201, be rezoned from RS-l, Residential Single-Family District, to C-1, Office District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council James L. Brookes, 2257 Maderville Canyon Road, Los Angeles, California 90049 R. Craig Balzer, AIA, Executive Vice President, Balzer and Associates, Inc., 1208 Corporate Circle, S. W., Roanoke, Virginia 24018 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\BROOKES.WPD TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA . PERTAINING TO THE STREET AND ALLEY CLOSURE REQUEST' OF: Roanoke Valley Society for the Prevention of Cruelty to Animal~97 ) ' : :~ '~' ~:~" Pt. Edmund Avenue, N.E., Light Street, N.E, and alleyway )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 22nd day of February, 1999, notices of a public heating to be held on the 3rd day of March, 1999, on the street/alley closure request captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner's Name 3210701- 3210708 3210712- 3210722 3210616- 3210620 Sandra L. Overstreet Mailing Address 5136 Mudlick Road, S W Roanoke, VA 24018 3210323- 3210329 Circle W Inc. 1321 Eastern Avenue, NE Roanoke, VA 24012 3210314- 3210322 3210401- 3210433 Petitioner - Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 22nd day of February, 1999. NOTICE OF PUBLIC HEARINGi3'EFoRE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: '99 The Roanoke City Planning Commission will hold a public heating on Wednesday, March 3, 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 Roanoke Valley SPCA, represented by Ronald M. Martin, AIA, that the following streets and alley be permanently vacated, discontinued and closed: (1) an undeveloped portion of Edmund Avenue, from its intersection with 13th Street, N.E., proceeding in an easterly direction to its intersection with an undeveloped portion of Light Street, N.E.; (2) an undeveloped portion of Light Street, N.E., from its intersection with an undeveloped portion of Edmund Avenue, N.E., proceeding in a southerly direction from an to Baldwin Avenue, N.E.; and (3) an undeveloped alleyway running parallel to and between the above described Edmund Avenue and Baldwin Avenue, N.E. A copy of said application is available for review in the Department of Planning and Community Development, Room 162, 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, February 16, 1999 and Tuesday, February 23, 1999 Please bill: Ronald M. Martin, AIA Martin & Associates, Architects P. O. Box 20038 Roanoke, VA 24018 989-9700 and send affidavit of publication to: Department of Planning and Community Development Room 162, 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, $.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk February 9, 1999 File #514 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 from Ronald M. Martin, Agent, representing the Roanoke Valley SPCA, requesting that a portion of Edmund Avenue, N. E., a portion of Light Street, and an undeveloped alley located at the intersection of Baldwin Avenue which runs parallel to Edmund Avenue and proceeding in a northeasterly direction for approximately 630 feet to the intersection of Light Street, 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 Ronald M. Martin, AIA, Martin & Associates Architects, P. O. Box 20038, Roanoke. Virginia 24018 Evelyn S. Lander, Chief, Planning and Community Development Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City ^ttomey J. Thomas Tasselli, Development Review Coordinator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: APPLICATION of the Roanoke Valley SPCA for vacation of a portion of Edmund Avenue, a portion of Light Street, and one undeveloped alley APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF TWO STREETS & ONE ALLEY MEMBERS OF COUNCIL: The Roanoke Valley SPCA hereby applies to have a portion of Edmund Avenue, a portion of Light Street, and one continuous alley, located 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. These streets and alley are more particularly described on the map attached and as follows: Ao CLOSURE OF STREETS: From a point located at the intersection of 13th Street and Edmund Avenue (an undeveloped street) and proceeding in a northeastern manner for approximately seven hundred thirty feet (730') to the in;~ersection of Edmund Avenue and Light Street (another undeveloped street), then proceeding in a southeastern manner for approximately three hundred feet (300') to the intersection of Light Street and the existing Baldwin Avenue. CLOSURE OF ALLEY: From a point located at the intersection of Baldwin Avenue and said alley, which runs parallel to Edmund Avenue, and proceeding in a northeastern manner for approximately six hundred thirty feet (630') to the intersection of Light Street (an undeveloped street). Said alley is noted on the City of Roanoke Tax map as having a ten foot (10') wide right-of-way. The Roanoke Valley SPCA states that the grounds for this application are as follows: The Roanoke Valley SPCA currently owns property abutting the northern side of Edmund Avenue for a distance of approximately three hundred fifty feet (350') and operates an animal shelter on said property. The Roanoke Valley SPCA has recently purchased the approximate three (3) acres of property, abutting the southern side of Edmund Avenue, for a distance of approximately seven hundred thirty feet (730'). The intent of this purchase is to expand existing operations at the current location. In doing so, the vacation and abandonment of the undeveloped Edmund Avenue is desirable to provide a contiguous parcel of property for the Roanoke Valley SPCA use. o The Roanoke Valley SPCA is also desirous of vacating and closing the undeveloped and remaining portion of Light Street, located on the northeastern and eastern side of the property recently purchased. The abutting portion of Light Street, located in a northerly manner, has previously been permanently vacated and closed by Ordinance #29025, dated March 28, 1988. One existing ten foot (10') wide alley traverses the property recently purchased by the Roanoke Valley SPCA. The abandonment of this existing alley is necessary to provide a contiguous parcel, of sufficient size, to construct a new facility thereon. Upon permanent closure of the undeveloped portions of Edmund Avenue and Light Street, as described herein, the Roanoke Valley SPCA hereby proposes to grant a twenty-foot wide easement, to the City of Roanoke, for the future development of pedestrian access and/or "greenways", along the current right- of-way in both Edmund Avenue and Light Street. The exact location of the twenty-foot wide easement shall be along the current Northern edge of Edmund Avenue and the easternly edge of Light Street. If mutually agreed upon by the property owner and the City of Roanoke, the location of this easement may be altered during the design and development of this property. Prior to the submission of the comprehensive site plan, to the City of Roanoke, the proposed easement will be coordinated with the City of Roanoke Planning staff, to provide a mutually beneficial location for future pedestrian access along the existing right-of-ways. Property owners which directly abut the requested street and alley closings include the following: (a) Roanoke Valley SPCA (Petitioner) 1313 Eastern Avenue Roanoke, Virginia 24012 Tax Map #3210314 thru 3210322 (b) Dale & Mary Jo Wallvort 1321 Eastern Avenue Roanoke, Virginia 24012 Tax Map #3210307 thru 3210313 #3210323 thru 3210329 (c) Roanoke Valley SPCA (Petitioner) 1313 Eastern Avenue Roanoke, Virginia 24012 Tax Map #3210401 thru 3210418 #3210419 thru 3210433 (d) Sandra L. Overstreet 4136 Mudlick Road Roanoke, Virginia 24018 Tax Map//3210701 thru 3210708 #3210712 thru 3210722 #3210616 thru 3210620 WHEREFORE, the Roanoke Valley SPCA respectfully requests that the above described street and alley be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. Respectfully submitted, Martin & Associates, Architects Acting as Agent for ROANOKE VALLEY SPCA February 1, 1999 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE City Clerk May 5, 1999 File #28 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. 34256-050399 authorizing execution of a deed of easement granting Shenandoah L.P., a drainage easement across City-owned property located across the Forest Park Elementary School property, identified as Official Tax No. 2420201, upon certain terms and conditions as more fully set forth in a report of the Water Resources Committee under date of April 5, 1999. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, April 19, 1999, also adopted by the Council on second reading on Monday, May 3, 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 Enclosure H:~AGENDA99XMAY3. I James D. Ritchie, Sr. May 5, 1999 Page 2 pc: Richard C. White, P. E., LMW P. C., P. O. Box 13065, Roanoke, Virginia 24030- 3065 James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations George C. Snead, Jr., Director, Public Safety 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 Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public Schools H:'tAGENDA99'tMAY3. I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 1999. No. 34256-050399. AN ORDINANCE authorizing the execution of a deed of easement granting Shenandoah L.P., a drainage easement across City-owned property located across the Forest Park Elementary School property identified by Roanoke City Tax Map No. 2420201, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, a deed of easement granting Shenandoah, L.P., a 20' wide drainage easement across City-owned property located at the Forest Park Elementary School, identified by Roanoke City Tax Map No. 2420201, upon certain terms and conditions, as more particularly set forth in the report to this Council from the Water Resources Committee dated April 5, 1999. ATTEST: City Clerk. H:\ORD-GENXO-FPARK THE ROANOKE TIMES Ad Number: 1119674 Publisher's Fee: $84.40 Roanoke City Clerk's Office Atm.: Mary Parker, Clerk 215 Church Ave., S.W., Room 456 Roanoke, VA 24011-1536 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION I, (the undersigned) as authorized representa6ve of the Times-World Corporation, which Corporation is publisher of The Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify the annexed notice was published in said newspaper(s) on the following date(s): 04/11/99 FULL RUN Sunday Witness, this 15~ day of April 1999 Authorized Signature Code ~ ~ (20~0), a~ cmnmm~dng lit 7.00 p.m., in the Cornel Ctmmbem, 4th Church Avenue, S.W., Roamoke, Water Reeour~ee C(xmll#:l)~e (540) 853-2541. .(1119674) · NOTICE OF PUBLIC HEARING The City of Roanoke proposes to grant a 20 foot wide drainage easement across City- owned property at Forest Park Elementary School at the comer of Melrose Avenue and Forest Park Boulevard, N.W., identified by Roanoke City Tax Map No. 2420201. Pursuant to the requirements of § § 15.2-1800(B) and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on April 19, 1999, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further information in the form of a report from the Water Resources Committee dated April 5, 1999 is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. GIVEN under my hand this 1 l t~itay of Apr±l ,1999. Mary F. Parker, City Clerk. Note to Publisher: Please publish once in The Roanoke Times on Sunday, April 11,1999. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 H:~qOTICEYNE-FPARK Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk May 5, 1999 File #60-305 Sandra H. Eakin Deputy City Clerk James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: I am attaching copy of a communication from Dr. George K. Bowers, President of the Board, Youth Haven - Sanctuary Education Foundation, Inc., of the Roanoke Valley, expressing concern in regard to the proposed funding reduction in the fiscal year 1999- 2000 budget for Youth Haven - Sanctuary, which communication was before the Council of the City of Roanoke at a regular meeting which was held on Monday, May 3, 1999. Inasmuch as local matching funds and State grant funds are involved, it was the consensus of Council that the matter would be referred to the Acting City Manager to meet with Dr. Bowers and provide Council with a follow-up response. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Dr. George K. Bowers, 3508 Kenwick Trail, S. W., Roanoke, Virginia 24018 H:~AGENDA.99~4AY3. I YOUTH HA VEN-SANCTUAR Y ED UCA TION FO UNDA TION INC of the Roanoke Valley, Virginia President Dr George K. Bowers Vice President Judge Sackie Talevi Secretary Sandra Brown Kelly Treasurer John C. Washburn Dr. William E. Baker D. Elliott Bayer Harold Crickenberger Jeff Deaton Nancy Goehring Ann Harmon Diane Kelly Richard Kepley Jeannine Hylton Kerek Dr. Bet~y McCrary Kathy Moses Wayne Newcomb Dr. Stephanie Pratola Mary Elizabeth Radford Nicole Roberts Marion Vaughn-Howard Atty. Ellen Weinman Honorary. Members To Members of Roanoke City Council: May 3, /999 As a member of the Advisory Board of Directors for Youth Haven I for Boys s throughout the 29 years of its existence and as president of that Board for 25 years, I and our Board members are deeply disturbed about the cutback in funding for very important programs of the Residential Home. The current proposed City Budged calls for deleting our Family Counselor and our shared Substance Abuse Counselor, a shared position with Court Service Unit. The Family Counselor position requires a total of $41,347 ; and the shared Substance Abuse Counselor's requirement is $9,960, making a total of $51,307.00. I am aware that these are Virginia Juvenile Community Crime Control Act funded. Other communities that have been cut back have seen the need to fund their program with youth at a higher level than eve~ in the light of tragic acts by youth tn many of our communities today, notably our neighboring Lynchburg which has decided to invest more than ever in programs for their youth. In all its 29 years of existence there have never been any organized acts of violence by youth from Youth I who attend our City Schools. Moreover, from gifts of $50,000 from an older member of my Pennsylvania church and an additional $50,000 from a very young:member of my Roanoke church, plus additional gifts from more than 30 JudgeJ0se~ F. B0unds private citizens we currently have a Youth Education JudgeJ0sephM. Cla~¢.I! Fund, which in nine years has provided higher eedcation Judge John B. Ferguson Judge Philip Trompeter John M. Chambliss, Jr. Mike Lazzuri Glen Radcliffe Pro~,ram Mana_~ern Youth Haven I Letitia Malone Youth Haven II Beverly Tys-Berson Sanctuary-Crisis Intervention Center Andrea Krochalis -- for 19 young people from our youth homes in such colleges as Roanoke College, University of North Carolina, Liberty U~versity Hollins Univesity, and other schools. Currently we have students number 20 and 21 in Hollins University and Liberty College. When private citizens are willing to invest their money in these youth, certainly they are worthy of highest consideration by our City Government. We do not want a replica of Littleton, Colorado in Virginia--and certainly not in Roanoke. H~efully, ~eorge K. Bowers President of the Board Youth Haven I 1301 Third St., SW Roanoke, VA 24016 Youth Haven II 5929 Cove Road, NW Roanoke, VA 24019 Sanctuary 4350 Coyner Springs Rd. Roanoke, VA 24012 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) 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 3rd day of May, 1999, MARK A. HARRIS was appointed as a member of the Roanoke Neighborhood Partnership Steering Committee to fill the unexpired term of Ronald H. Miller, ending November 30, 1999. Given under my hand and the Seal of the City of Roanoke this 7th day of May, 1999. City Clerk H:~AGENDA99'~MAY3.1