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HomeMy WebLinkAboutCouncil Actions 03-01-99WttlIE 34188 ROANOKE CITY CO UNCIL REGULAR SESSION March 1, 1999 12:15p. m. CI T Y C 0 UNCIL CHA MB ER AGENDA FOR THE COUNCIL Call to Order--Roll Call. (Council Member Harris was absent). ao Update with regard to Virginia's Explore Park. Executive Director, Spokesperson. (15 minutes) Received and filed. File #365 Roger F. Ellmore, bo Co e° A briefing with regard to the City of Roanoke Employee Development Program. (15 minutes) Received and filed. File #184-202 A briefing with regard to the City of Roanoke Utility Billing system. (15 minutes) Received and filed. File #111 A briefing with regard to Mill Mountain Park improvements. (15 minutes) Received and filed. File #67 A briefing with regard to Roanoke Renaissance. (30 minutes) Received and filed. File #178 2 ROANOKE CITY CO UNCIL REGULAR SESSION March 1, 1999 2:00p. m. CI T Y C 0 UNCIL CHA MB ER AGENDA FOR THE COUNCIL Call to Order -- Roll Call. All Present. (The Mayor left the meeting following adoption of the Consent Agenda.) The Invocation was delivered by Robert W. Hoel, Member, Christian Science Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. 3 NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Thursday, March 4, 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. At the City Council meeting on Tuesday, February 16, 1999, the Members of Council instructed the City Clerk to publish the appropriate advertisement in certain publications requesting that applications for the position of City Attorney be submitted and received in the City Clerk's Office before 5:00 p.m. on Wednesday, March 31, 1999. The Members of Council invite comments by the public regarding the City Attorney selection process or concerning an applicant for the position. File #38-83-132 4 o CONSENT AGENDA C-1 C-2 C-3 (Approved 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. 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 report of the City Manager and City Attorney relating to concerns expressed by Lylburn C. Ollie as to longevity pay. RECOMMENDED ACTION: Receive and file. File//18-184 Qualification of the following persons: Robert R. Copty as a member of the Board of Zoning Appeals for a term ending December 31,2001; File//15-51-110 David C. Key as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term ending June 30, 2002; and File//15-110-429 5 Barbara N. Duerk for a term ending November 30, 1999, and Allen T. Wilson for a term ending November 30, 2001, as members of the Roanoke Neighborhood Partnership Steering Committee. File//15-110-488 RECOMMENDED ACTION: Receive and file. The Mayor left the meeting at 2:10 p.m., and the Vice-Mayor presided over the remainder of the meeting. REGULAR AGENDA 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: me bo c° Request to address Council with regard to consideration of an ordinance prohibiting providers of public transportation from knowingly transporting persons who are engaged in illegal drug trade. Jeff Artis, Spokesperson. (5 minutes) Deferred indefinitely. Request to address Council with regard to the proposed closing of Wiley Drive through Wasena Park. Christene A. Montgomery, Spokesperson. (5 minutes) The remarks of Ms. Montgomery were referred to the City Manager for appropriate response. File//67-353-379 Update with regard to the new personal property tax bill and envelopes to be used by the Treasurer's Office for 1999 Personal Property Tax billing. The Honorable David C. Anderson, City Treasurer. (10 minutes) Received and filed. File #34-79 4. PETITIONS AND COMMUNICATIONS: ao A communication from Allan C. Robinson, Jr., Chair, Roanoke Valley Resource Authority, requesting approval of the Third Amendment to the Roanoke Valley Resource Authority Members Use Agreement; and a report of the City Manager recommending Council's approval of the amendment. Adopted Resolution No. 34191-030199. (6-0) File #253 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: A report recommending the reallocation of $800,000.00 of the proceeds of the sale of Series 1994 Bonds from the Juvenile Detention Home to The Jefferson Center; execution of an amendment to the agreement with The Jefferson Center Foundation, to provide an additional $800,000.00 toward renovation of The Jefferson Center Performance Hall; and transfer of funds in connection therewith. Adopted Ordinance No. 34188-030199 and Resolution Nos. 34189-030199 and 34190-030199. (6-0) File #53-60-305-337 A report recommending acceptance of the lowest responsible bids made to the City for furnishing three dump trucks to replace certain equipment used by the Parks and Grounds Department. Adopted Resolution No. 34192-030199. (6-0) File #67-472 o A report recommending acceptance of the lowest responsible bids made to the City for furnishing and delivering certain replacement automobiles for the Public Works, Building Inspections and Police Departments. Adopted Resolution No. 34193-030199. (6-0) File #5-32-183-472 A report recommending appropriation of funds from the Local Law Enforcement Block Grant to allow funding to be expended in accordance with applicable City purchasing requirements and Federal grant requirements. Adopted Ordinance No. 34194-030199. (6-0) File #5-60-236 o A report recommending appropriation of additional funds to the ADC-Foster Care and Day Care programs provided by the Department of Social Services. Adopted Ordinance No. 34195-030199. (6-0) File #60-72 Ge A joint report of the City Manager and the Director of Finance recommending adoption of a telecommunications public rights-of- way use fee, pursuant to Section 56-468.1, Code of Virginia, 1950, as amended. Adopted Ordinance No. 34196-030199. (6-0) File #79-262-291-383 b. CITY ATTORNEY: A report transmitting an ordinance amending or repealing certain sections of the City Code relating to parking meters, and deleting authorization to install and maintain parking meters in the City. Adopted Ordinance No. 34197 on first reading. (6-0) File #20-24 c. DIRECTOR OF FINANCE: 1. A financial report for the month of January, 1999. Received and filed. File #10 d. CITY CLERK: A report requesting that Council approve certain actions to be taken in connection with appointment of two Trustees to the Roanoke City School Board for terms commencing July 1, 1999 and ending June 30, 2002. Concurred in the proposed dates. File #38-467 6. REPORTS OF COMMITTEES: A report of the Water Resources Committee recommending approval of a Floodplain Management Acquisition Policy for use on all future floodplain acquisition programs. Council Member Linda F. Wyatt, Chairperson. Adopted Ordinance Nos. 34198-030199 and 34199-030199. (6-0) File #60-237-468 A report of the Water Resources Committee recommending acquisition of all property rights necessary for construction of certain storm drainage projects included in the Capital Improvement Program; and appropriation of funds in connection therewith. Council Member Linda F. Wyatt, Chairperson. Adopted Ordinance Nos. 34200-030199 and 34201-030199. (6-0) File #27-60-217-237-468 Co eo A report of the Water Resources Committee recommending that the City Manager take appropriate action to advertise a public hearing, and lacking any comments to the contrary, enter into an agreement with Robert M. and Carolyn H. Callahan for exchange of property along Tinker Creek in the vicinity of Sand Road, N. E. Council Member Linda F. Wyatt, Chairperson. Concurred in the recommendation and scheduled a public hearing for Monday, March 15, 1999, at 7:00 p.m. File #2-166-468 A report of the Water Resources Committee recommending that a revocable license be granted to CHS, Inc., to allow the encroachment of subterranean footings along both sides of the right-of-way of Crystal Spring Avenue, S. W., and authorization for City staff to advertise for bids and to hold a public hearing regarding amendment of the lease with CHS, Inc., for air rights over Crystal Spring Avenue to include an additional 35 feet, more or less, extending upwards above the current leased area. Council Member Linda F. Wyatt, Chairperson. Concurred in the recommendation and scheduled a public hearing for Monday, April 19, 1999, at 7:00 p.m. File #166-221-468-481 A report of the Water Resources Committee recommending the purchase of property located at 411 Fifth Street, S. W., in connection with acquisition of property for the Employee/Jefferson Center Parking Project. Council Member Linda F. Wyatt, Chairperson. Adopted Ordinance No. 34202-030199. (6-0) File #2-337-468 7. UNFINISHED BUSINESS: None. l0 ge INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ao bo co do Ordinance No. 34182, on second reading, rezoning a tract of land located at 2619 Belle Avenue, N. E., identified as Official Tax Nos. 3410302 - 3420307, inclusive, from RM-1, Residential Multifamily District, Low Density District, to C-l, Office District, subject to certain conditions proffered by the petitioners. Adopted Ordinance No. 34182-030199 on second reading. (6-0) File #51 Ordinance No. 34183, on second reading, rezoning a tract of land lying on the westerly side of Grandin Road, S. W., located at 1711 Grandin Road, identified as Official Tax No. 1440607, from RM-2, Residential Multifamily District, Medium Density District, to C-1, Office District, subject to certain conditions proffered by the petitioner. Adopted Ordinance No. 34183-030199 on second reading. (6-0) File #51 Ordinance No. 34184, on second reading, permanently vacating, discontinuing and closing that certain alley located between the 900 blocks of Shenandoah Avenue and Centre Avenue, N. W. Adopted Ordinance No. 34184-030199 on second reading. (6-0) File #514 Ordinance No. 34185, on second reading, authorizing the proper City officials to enter into a lease agreement between the City and The Hertz Corporation for use of a 2.0-acre parcel of City-owned land at 1302 Municipal Road, N. W., for said corporation's maintenance, servicing and storage facilities, upon certain terms and conditions. Adopted Ordinance No. 34185-030199 on second reading. (6-0) File #9-166-468 MOTIONS AND MISCELLANEOUS BUSINESS: 10. ao bo Inquiries and/or comments by the Mayor and Members of City Council. Vacancies on various authorities, boards, commissions and committees appointed by Council. OTHER HEARING MATTERS: OF CITIZENS UPON PUBLIC CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. IT IS A TIME FOR CITIZENS TO SPEAK AND A TIME FOR COUNCIL TO LISTEN. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED, WITHOUT OBJECTION, IMMEDIATELY FOR ANY NECESSARY AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. CERTIFICATION OF EXECUTIVE SESSION: (6-0) Mark E. Petersen was appointed as a member of the Committee for a term ending June 30, 1999. File #110-237 Flood Plain John C. Moody, Jr., was appointed as a member of the Board of Fire Appeals for a term ending June 30, 2002. File #15-70-110 Helen J. Hall was reappointed as a City Representative to the Advisory Committee, League of Older Americans, for a term ending February 29, 2000. File #110-243 Council ratified the Mayor's appointment of Council Members W. Alvin Hudson, Jr., Chairman, Carroll E. Swain and James O. Trout as members of a subcommittee to identify an executive search firm for the selection of a new City Manager. (CounciI Member Wyatt voted no.) File #104-132 12 VIRGINIA'S -_, ,EXPLORE PARK February 3, 1999 '99 -~ The Hon. David A. Bowers City of Roanoke 215 Church Avenue, Room 456 Roanoke, VA 24011 Dear Mayor Bowers, Virginia's Explore Park continues to develop into a top-rate educational facility and anchor attraction for western Virginia. We were proud to have closed the 1998 season on a high note, having served 15,133 school children from 22 school districts who continue to enjoy the Park's SOL-compliant history and natural science education programs. That's an increase of 24 percent over last year's whopping 107 percent increase. Easier access to Explore Park and its increased product offerings have also resulted in a dramatic increase in visitation from the general public. Paid attendance is up 38 percent, to 49,313. Total visitation at year end topped 90,000. In this regard, I respectfully request 15 minutes at the February 16 Roanoke City Council meeting to personally update you and members of Council and City government on the progress being made at Virginia's Explore Park, and its plans for the future. Thank you for your consideration. Mi/epost 115 on the Blue Ridge Parkway Administered by Virginia Recreational Facilities Authority Virginia Code § 10. I-1600 et seq. in parmership with The River Foundation, Inc. I.R.C. §501{c)(3) Post Office Box 8508 Roanoke, Virginia 24014-0508 (540) 427-1800 FAX (540) 427-1880 www.explorepark.com RFE/pkl C: Members, Roanoke City Council W. Robert Herbert ~blary F. Parker Sincerely, Roger F. Ellmore Executive Director March 1, 1999 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: Employee Development Program Please reserve space on your agenda at the 12:15 p.m. session for a 15-minute briefing on the above subject. WRH:ca cc: City Attorney Director of Finance City Clerk Respectfully submitted, bert Herbert City Manager March 1, 1999 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: Utility Billing Please reserve space on your agenda at the 12:15 p.m. session for a 15-minute briefing on the above subject. WRH:ca cc: City Attorney Director of Finance City Clerk Respectfully submitted, bert Herbert City Manager Ut !ity Information S'fstem Team Status Report to City Council March I, 1999 Oblect~ves of ~ oday s Bhefing Background Benefits of New. Billing System lime line Work In Progress New Bill Form and Envelope Public Information Plan Accomplishments Contributing Departments ~ Personnel Back rour d Current utility billing system was purchased in 1984 and will not handle Year 2000 calculations Formed Utility Information System Team to develop system specifications and to re-engineer Processes March 1998, purchase of HTE, Inc. system was approved by Council and work began to implement the new utility billing system Purchased and installed new Meter Reading Handheld devices in Benefits of New System ~ Ability to generate water/sewer bills in January 2000 ~-Provide better customer service and information ~ Streamline work processes and eliminate steps · Work Orders- eliminate duplicate work .~ · New Customer Sign Up · Elimination of paper contracts · Preparing bills for mailing Automate manual processes Provide Flexibility Work Order System for future use w/other depts. Tim¢ Line Data Conversion completion- March 1999 Staff Training Sessions: March, April, May, July 1999 System Testing- Parallel operation- April-June 1999 Work Order System Go live[ early June 1999 Utility Billing System Go live! early Summer 1~99 Work In Prosre, ss Data Conversion of old system data to new system Staff lraining Design of customer information brochures Cash Register Interface- HTE to Mainframe Electronic Bank Drafts Finalizing Water Bill design Credit Bureau Reporting Interface System Testing New Bill Form and Envelope Current Bill form is a postcard with limited information New Bill will be on 8 I/2 x I I" paper printed on both sides New Bill will ~'be a customer information t°ol and provides b. ro. adcast and custom.er specific messages New Send N Return [nvelope w~ii provide a return envelope for ease of bill payment March 1, 1999 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mayor and Members of Council: This is to reserve space on City Council's agenda for a briefing on the Mill Mountain Park improvements. WRH:JWC:sm pc' Assistant City Manager Director of Finance City Attorney City Clerk Director of Public Works Manager of Parks and Recreation Parks and Grounds Superintendent Parks and Recreation Planner Sincerely, W. Robert Herbert City Manager C :2vlyFiles\WPDOCS\99.Report s~L_Bri eft ngs wpd Roanoke, Virginia March 1, 1999 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Please reserve space March 1, 1999, on Council's 12:15 p.m. agenda for a Briefing on Roanoke Renaissance. Respectfully submitted, W.~bert Herb°"-"~rt ~ City Manager WRH/hw CC: City Attorney Director of Finance 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 March 1, 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, Mayor DAB:se MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy Cit.',' Clerk March 2, 1999 File #18-184 Mr. Lylburn C. Ollie 1522 Rorer Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Ollie: ! am enclosing copy of a report of the City Manager and the City Attorney relating to your concerns regarding longevity pay, which report was before the Council of the City of Roanoke at a regular meeting held on Monday, March 1, 1999. On motion, duly seconded and adopted, the report was received and filed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure pc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Kenneth S. Cronin, Manager, Personnel Management March 1, 1999 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Lylburn C. Ollie Dear Mayor Bowers and Council Members: At the Council meeting of January 19, 1999, Officer Lylburn C. Ollie, a member of the Police Department, appeared before City Council and requested that he be accorded a five percent longevity step which was included in a previous City Pay Plan. This matter was referred to the City Manager and the City Attorney for report to Council. On February 17, 1999, the City Manager and City Attorney met with Officer Ollie to obtain a better understanding of his claim of entitlement to longevity pay. Office Ollie was appointed as a police officer on May 22, 1972. By Ordinance No. 24505, adopted February 5, 1979, effective February 28, 1979, City Council established a Pay Plan that included a longevity step as an element. Specifically, by Paragraph 2 of this ordinance, City Council adopted a Pay Plan "... which provides for a five percent pay increase for those City employees with fifteen or more years of total service with the City, such longevity pay increase indicated on the Pay Plan with pay ranges for employees with fifteen or more total years of service being designated as 'iL, 2L, 3L', etc. (the number denoting the pay range and the 'L' denoting that the range has application only to an employee having fifteen or more years of total service with the City). . ." (Emphasis added.) At the Council meeting of April 15, 1985, Cresap, McCormick and Paget, a consultant retained by City Council, recommended a new Pay and Classification Plan for the City. At the same meeting, the City Manager, in explaining implementation of the new Pay Plan, recommended that fifteen year employees in the L step have their length of service recognized by an additional 2.5 percent. By Ordinance No. 27570, adopted May 13, 1985, City Council established a new Pay Plan which included longevity pay increases of five percent which would "... be accorded classified officers and employees during Fiscal Year 1985-1986." (Emphasis added.) It was further provided that such longevity increases would become a part of the base annual salary of each officer or employee entitled to a longevity increase during Fiscal Year 1985-1986. H:\COUNCIL\I-hmlong. 1 The Honorable Mayor and Members of City Council March 1, 1999 Page 2 By report of December 16, 1985, the City Manager advised City Council that pay inequities had been created by awarding longevity step pay increases during 1985-1986. He further noted that inequities of a similar nature would occur anytime longevity increases are granted in future fiscal years. City Council next adopted a Pay Plan by Ordinance No. 28133, adopted May 12, 1986, effective July 1, 1986, and this ordinance made no provision for longevity pay. Specifically, the L step was eliminated from the Pay Plan. Furthermore, by Paragraph 6, Ordinance No. 28133 specifically repealed Ordinance No. 27570, which had been adopted May 12, 1985, and which included longevity pay, to the extent of any inconsistency. Since Officer Ollie was first employed by the City on May 22, 1972, the fifteenth anniversary of his City service was May 22, 1987. One year prior to Officer Ollie's fifteenth anniversary, however, City Council repealed the longevity pay step. Notwithstanding this fact, Office Ollie contends that he and all other persons in the employ of the City at the time the longevity step was repealed should be entitled to longevity pay from the date of their fifteenth anniversaries. Office Ollie apparently bases this conclusion on the theory that he and other such employees are "grandfathered." Based on this perceived "grandfathered" status, Officer Ollie contends that he should be accorded longevity pay from the fifteenth anniversary of his initial City service (May 22, 1987) to present. Unless retroactivity is specially provided for, City Council acts prospectively only as to compensation and benefits of employees. As to employees of the City who on July 1, 1986 (the effective date of Ordinance No. 28133 which repealed longevity pay), had qualified for longevity pay, each such employee retained the longevity increase which was built into his or her base pay. With the adoption of Ordinance No. 28133, on and after July 1, 1986, no additional employees were permitted to qualify for longevity pay. Thus, on the fifteenth anniversary of Officer Ollie's City service, there was no longer any authority for longevity pay, and Officer Ollie could not qualify for the longevity pay to which he aspired. As to "grandfathered" rights, such rights exist only by the grace of the legislative body that prospectively amends or impairs some existing right, privilege or benefit. Absent explicit legislative action, there is no "grandfathered" status, and the City Council that repealed longevity pay in 1986 provided no safe harbor or other mitigation for those employees of the City on July 1, 1986, who would never qualify for longevity pay. H:\COUNClL\l-hmlong. 1 The Honorable Mayor and Members of City Council March 1, 1999 Page 3 Although Officer Ollie is a trusted member of the Police Department and a loyal City employee, it is our opinion that he has not been denied any benefit or right to which he is entitled. Respectfully submitted, WRH/WCD/f W. Robert Herbert ~~City Manager ~ Wilburn C. Dibling, Jr. City Attorney CC.' Mr. Lylburn C. Ollie Mary F. Parker, City Clerk H:\COUNClL\l-hmlong. 1 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk March 2, 1999 File #15-51-110 Benjamin S. Motley, Vice-Chair Board of Zoning Appeals 1704 Greenwood Road, S. W. Roanoke, Virginia 24015 Dear Mr. Motley: This is to advise you that on February 9, 1999, Robert R. Copty qualified as a member of the Board of Zoning Appeals for a term ending December 31, 2001. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc~ Lisa M. Cooper, Secretary, Board of Zoning Appeals Sandra H. Eakin, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Robert R. Copty, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Board of Zoning Appeals for a term ending December 31, 2001, according to the best of my ability. So help me God. Subscribed and sworn to before me this ~' day of /--¢_../'P 1999. ARTHUR B. CRUSH, III, CLERK , DEPUTYCLERK HtAGENDA99\JAN4.WPD MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk March 2, 1999 File #15-110-429 Robert E. Tonkinson, Jr., Chair Board of Trustees, City of Roanoke Pension Plan 1830 Belleville Road, S. W. Roanoke, Virginia 24015 Dear Mr. Tonkinson: This is to advise you that on February 17, 1999, David C. Key qualified as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term ending June 30, 2002. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc~ James D. Grisso, Secretary, Board of Trustees, City of Roanoke Pension Plan Joyce L. Sparks, Retirement Administrator Sandra H. Eakin, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, David C. Key, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term ending June 30, 2002, according to the best of my ability. So help me God. Subscribed and sworn to before me this ['-~ day of ~---c. (,~ 1999. ARTHUR B. CRUSH, III, CLERK , DEPUTYCLERK N:\CKLO 1 ~AGENDA99~FEB I.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 2, 1999 File #15-110-488 William E. Skeen, Chair Roanoke Neighborhood Partnership Steering Committee 1938 Avon Road, S. W. Roanoke, Virginia 24015 Dear Mr. Skeen: This is to advise you that on February 14 and February 19, 1999, respectively, Barbara N. Duerk and Allen T. Wilson qualified as members of the Roanoke Neighborhood Partnership Steering Committee for terms ending November 30, 1999 and November 30, 2001, respectively, Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Elizabeth A. Watson, Secretary, Roanoke Neighborhood Partnership Steering Committee. Sandra H. Eakin, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Barbara N. Duerk, do solemnly swear (or affirm) that I will support~he Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 1999, according to the best of my ability. So help me God. Subscribed and sworn to before me this~,~ d uc ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK H :~AGENDA9 8'd)EC 7.WPD Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Allen T. Wilson, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 'l'~e, according to the best of my ability. So help me God. Subscribed and sworn to before me this ]~ day of ARTHUR B. CRUSH, III, CLERK , DEPUTYCLERK H:~AGENDA98~DECT.WPD Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk March 2, 1999 File #67-353-379 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of the remarks of Ms. Christene A. Montgomery with regard to the proposed closing of Wiley Drive through Wasena Park, which remarks were before the Council of the City of Roanoke at a regular meeting which was held on Monday, March 1, 1999. On motion, duly seconded and adopted, the remarks were referred to you for appropriate response. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc~ Ms. Christene A. Montgomery, 622 A Walnut Avenue, S. W., Roanoke, Virginia 24016 A:~dA~R 1 COR. WPD TO: FR: March 1, 1999 Mayor Bowers and Members of City Council, Roanoke, VA Christene A. Montgomery, (540) 342-0326 622-A Walnut Avenue SW, Roanoke VA 24016 Wiley Drive closing through Wasena Park I am here today because: ® I want to know what happens to the comments the citizens make at the public workshops. There appears to be a selective listening process at the public workshops. The August 1998 public workshop at the Transfer Station was an inadequately planned and unprofessional workshop, with no maps and no information. The consultant was unfamiliar with the parks & rec programs and issues and his assistant was ill and inefficient. (Why can't a citizen who spends time, energy, and expense to attend these meetings be given progress reports with logic for the decisions?) · If Wiley Drive through Wasena Park is closed we loose the road access and about 200 parking spaces. Fewer people in the parks means increased crime. · Vic Garber reportedly said that no one from the disability community was providing input to the parks & rec for their planning. The Mayor's Committee for People with Disabilities has a representative with a disability on the Master Plan Committee. · When I called Ms. Bowles about the Carvins Cove study she didn't return my call. The only workshop they have held of which I was made aware was listed on Channel 3 RVTV, late on a Thursday, to meet the following Monday. This notice gave no time for people with disabilities to schedule transportation or make arrangements to attend. · The Mayor's Committee for People with Disabilities believes that an employee of the Parks and Recreation Department should be attending our meetings. Ex: The Carvins Cove survey should have been presented at one of our meetings. It is hard for a person with disabilities to schedule and/or pay transportation and parking to attend countless meetings. · Wasena/Smith Park and Carvins Cove are favorite places of mine so I am bringing my personal comments on the Wiley Drive closing to City Council. Christene Montgomery on Wiley Drive Closing, March 1, 1999. Page 2 of 3 I know that something has to be done to stop the flooding. I know the sewer line has to be installed. I am not against the recreational trail. I don't think it should take the park away from me. Closing Wiley Drive through Wasena Park would make it impossible for me to get into the park without assistance. The recreational trail being piggy-backed to the sewer project is a shrewd way of getting the trail done. Calling the recreational trail through Smith Park a greenway is misleading. This trail cuts a wide swath through the grass and replaces a large portion of the natural green of the park with blacktop. Is the label "greenway" used to intimidate anyone who might question the methods of this group? The implication is that only uneducated, uncaring clods would speak out against a greenway. After all a greenway is "getting back to nature." Wasena Park sits near the center of the city. It is the relaxed breath at the end of a hectic day, a place for a calming lunch or morning coffee break. It is where a person who cannot walk can sit in the car and watch the river flow. The park is shared by young and old. It gives pleasure to the ballplayer, the fisher, the jogger, the stroller, the small child in the swing, on the slide, or skipping stones on the water, the church picnic, and the family reunion. Wiley Drive carries people to the park. Without Wiley Drive and the approximately 200 parking spaces throughout the part of Wiley Drive going through Wasena Park, access would be limited to a few joggers and a small number of families living within walking distance. The sewer project does not require the closing of Wiley Drive. The flood control project may or may not require the closing of Wiley Drive. It may need some of the existing road. The flood control decisions will be made in the future--two, three, five years? What matters here is that these are three separate projects. One not dependent on the other. If the recreational trail promoters can convince you otherwise, their job is easier. The recreational trail is good for people who want to run through the park but it does not advance the other projects. Christene Montgomery on Wiley Drive Closing, March 1, Page 3 of 3 I have enjoyed this park for more than 38 years as a place to get away for a few minutes, to take a short break in the morning, during lunch or whenever I can find a few minutes to drive through. I enjoy the birds, squirrels, people watching, and reminiscing. Years ago I took my children to play here and now I can take my grandchildren. People run on short fuses in today's chaotic world. The traditional park is a plac'e to check the overload, to improve one's perspective. It has a calming effect on people. If all our parks are changed to noisy theme parks and the access roads are converted to "speed-runner trails" where will we take a break? What is wrong with the traditional park? I know if the greenway goes in it will be accessible because the Americans with Disabilities Act demands it. People with a spinal cord injury cannot tolerate extreme heat or extreme cold. I will not be accessing the greenway very often. I can access the park now because I can drive in and sometimes enjoy it from the car. I can run the air conditioner for a few minutes to cool off or the heater to warm my legs. I can even roll up the window and lock the door if I feel threatened by an unsavory character. What are the repercussions for these planned changes to Wasena Park and Wiley Drive? Is there no other choice? What happens if you take an ACCESSIBLE PARK away? Christene A. Montgomery Sources of information: Tamasin Roop, City Planner, Public Workshop, RM Rehab, 4/98. Outside Consultant, Public Workshop, Transfer Station, 8/98. Greg Reed, City Engineer, Mayor's Committee/PwD, 12/98. Phil Schirmer, City Engineer, telephone, 1/99. Kit Kiser, Utilities & Operations Manager, telephone, 2/99. ~ CITY OF ROAN~ ~I~;::'~: INTERDEPARTMENTAL COMMUNICATION MEMO TO: FROM: DATE: SUBJECT: Sandra Eakin City Clerk's Office David C. Anderson City Treasurer February16,1999 March 1, 1999 Council Meeting - 2:00 p.m. I would like to request approximately 10 minutes at the beginning of the Council Meeting scheduled at 2:00 p.m. on March 1, 1999, to advise Council Members of the new personal property bill and new "send-n-return" envelopes to be used by the Treasurer's Office for 1999 Personal Property Tax billing. Thank you for your assistance with this request. DCA/agv 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 2, 1999 File #253 Allen C. Robinson, Jr., Chairman Roanoke Valley Resource Authority 1020 Hollins Road, N. E. Roanoke, Virginia 24012 Dear Mr. Robinson: I am enclosing copy of Resolution No. 34191-030199 authorizing the Third Amendment tO the Roanoke Valley Resource Authority Members Use Agreement requiring member jurisdictions to deliver all acceptable waste to the regional landfill in order to facilitate refunding of $20 million of the 1992 bonds in order to realize a savings of $100,000 in annual debt payments. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 1, 1999. Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment Allan C. Robinson, Jr. Page 2 March 2, 1999 W. Robert Herbert, City Manager James D. Grisso, Director of Finance Mary H. Allen, Clerk, Board of Supervisors, Roanoke County, Post Office Box 29800, Roanoke, Virginia 24018-0798 Carolyn S. Ross, Clerk, Town Council, 311 Pollard Street, Vinton, Virginia 24179 John R. Hubbard, Chief Executive Officer, Roanoke Valley Resource Authority, 1020 Hollins Road, N. E., Roanoke, Virginia 24012 Mark A. Williams, General Counsel, Roanoke Valley Resource Authority, cio Roanoke Regional Airport Commission, 5202 Aviation Drive, Roanoke, Virginia 24012 A:'~.~R 1 COK WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1999. No. 34191-030199. A RESOLUTION authorizing the Third Amendment to the Roanoke Valley Resource Authority Members Use Agreement. WHEREAS, the Roanoke Valley Resource Authority (the "Authority"), the County of Roanoke, Virginia (the "County"), the City of Roanoke, Virginia (the "City") and the Town of Vinton, Virginia (the "Town") entered into the Roanoke Valley Resource Authority Members Use Agreement, dated October 23, 1991 (the "Members Use Agreement"), as amended by the First Amendment to Roanoke Valley Resource Authority Members Use Agreement, dated June 1, 1992 (the "First Amendment"), and the Second Amendment to Roanoke Valley Resource Authority Members Use Agreement, dated December 2, 1996 (the "Second Amendment"), among the Authority, the County, the City and the Town under which the Authority agreed to acquire, construct and equip a regional waste disposal system consisting of a landfill and transfer station and related structures and equipment (the "System"), and to provide financing therefor in order to dispose of all nonhazardous solid waste delivered to the System by or on behalf of the County, the City and the Town (collectively, the "Charter Members"); and, WHEREAS, the Authority issued its $33,830,000 Solid Waste Revenue Bonds, Series 1992 (the "1992 Bonds") to finance the System; and, Series WHEREAS, the Authority issued its $10,000,000 Revenue Refunding Bond, 1998, and its $10,000,000 Revenue Refunding Bond, Series 1999, (the "Refunding Bonds") to refund portions of the 1992 Bonds and sold the Refunding Bonds to Crestar Bank (the "Bank"); and, WHEREAS, the Bank has requested that the Authority and the Charter Members enter into a Third Amendment to Members Use Agreement (the "Third Amendment") in order to provide that the provisions of the Members Use Agreement, as amended by the First Amendment and the Second Amendment, applicable to the 1992 Bonds shall also be applicable to the Refunding Bonds. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, as follows: 1. Approval of Amendment. The City Council hereby approves the Third Amendment in substantially the form on file with the Clerk to the City Council. The City Manager and such officers and agents as he may designate are authorized and directed to execute and deliver the Third Amendment and the Clerk to the City Council is authorized to seal and attest the Third Amendment with such changes as such officers deem appropriate to carry out the purposes expressed therein. 2. Effective Date. This Resolution shall take effect immediately. ATTEST: City Clerk. March 1, 1999 Report No. 99-322 Honorable Mayor and City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Roanoke Valley Resource Authority - Request for Amendment to Members Use Agreement This is to recommend that Council approve the request from the Authority for an amendment to the Members Use Agreement requiring member jurisdictions to deliver all acceptable waste to the regional landfill in order to facilitate refunding of $20,000,000 of the 1992 bonds in order to realize a savings of $100,000 in annual debt payments in accOrdance with the attached February 9, 1999, letter from Authority Chairman Allan C. Robinson, Jr. WRH:KBK:afm Attachment cc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Respectfully submitted, W. Robert Herbert City Manager Allan C. Robinson, Jr., Chairman, Roanoke Valley Resource Authority ROANOKE VAI,LEY RESOURCE AUTHORITY February 9, 1999 The Honorable David A. Bowers Mayor City of Roanoke 215 Church Ave. Roanoke, VA 24011 RE: Amendment to Members Use Agreement Dear Mayor Bowers: In 1991, the City of Roanoke, the County of Roanoke, the Town of Vinton, and the Roanoke Valley Resource Authority ("Authority"), entered into the Members Use Agreement ("Agreement") which provided for the establishment and operation of the Valley's regional landfill facilities. In 1992, the Authority issued its original revenue bonds to finance the acquisition and construction of the Sm/th Gap Landfill and Tinker Creek Transfer Station. Recently, the Authority issued Revenue Refunding Bonds, Series 1998 and 1999 ("Refunding Bonds") totaling $20,000,000.00, in order to refund a portion of the Series 1992 Bonds. The refunding was completed in two issues to qualify as small issues, which allowed the Resource Authority to expedite the refunding and take advantage of Iow interest rates. The refunding will allow the Roanoke Valley Resource Authority to reduce its annual debt payments by $100,000.00. The current Agreement contains several provisions which apply specifically to the Series 1992 bonds. The Agreement needs to be amended to provide that all of its provisions also apply to the Refunding Bonds. These provisions include the jurisdictions' agreement to deliver all . acceptable waste to the regional landfill and the continuation of the jurisdictions' financial obligations under the Agreement. The amendment would not extend the amount of time that jurisdictions' obligations are effective under the Agreement. A proposed amendment, which has been adopted by the Resource Authority, is attached. In order to be effective, the amendment must be authorized by all of the jurisdictions. 1020 Hollins Road Roanoke, Virginia 24012 (540) 857-5050 Fax (540) 857-5056 Bond Letter (cont.) 2/9/99 Page 2 Thank you for your consideration of this matter. Please let me know if you have any comments or questions or if I may be of further assistance. Sincerely, Allan C. Robinson, Jr. Chairman CCi W. Robert Herbert, City Manager Members, Roanoke Valley Resource Authority John R. Hubbard, Chief Executive Officer Mark Allan Williams, General Counsel THIRD AMENDMENT TO ROANOKE VALLEY RESOURCE AUTHORITY MEMBERS USE AGREEMENT THIS THIRD AMENDMENT TO ROANOKE VALLEY RESOURCE AIYFHORITY MEMBERS USE AGREEMENT (the "Third Amendment") is made as of February 1, 1999, by and among the ROANOKE VALLEY RESOURCE AUTHORITY, as successor to the Roanoke County Resource Authority (the "Authority"), the COUNTY OF ROANOKE, VIRGINIA (the "County"), the CITY OF ROANOKE, VIRGINIA (the "City") and the TOWN OF VINTON, VIRGINIA (the "Town"); each of which are political subdivisions of the Commonwealth of Virginia. RECITALS WHEREAS, the parties hereto entered into the Roanoke Valley Resource Authority Members Use Agreement dated October 23, 1991 (the "Members Use Agreement"), as amended by the First Amendment to Roanoke Valley Resource Authority Members Use Agreement, dated as of June 1, 1992, (the "First Amendment"), and the Second Amendment to Roanoke Valley Resource Authority Members Use Agreement, dated as of December 2, 1996, (the "Second Amendment"), among the Authority, the County, the City and the Town under which the Authority agreed to acquire, construct and equip a regional waste disposal system consisting of a landfill and transfer station and related structures and equipment (the "System"), and to provide financing therefor in order to dispose of all nonhamrdous solid waste delivered to the System by or on behalf of the County, the City and the Town (collectively, the "Charter Members"); and, WHEREAS, the Authority issued its $33,830,000 Solid Waste Revenue Bonds, Series 1992 (the "1992 Bonds") to finance the System; and, WHEREAS, the Authority issued its $10,000,000 Revenue Refunding Bond, Series 1998 and its $10,000,000 Revenue Refunding Bond, Series 1999 (the "Refunding Bonds") to refund portions of the 1992 Bonds and sold the Refunding Bonds to Crestar Bank (the "Bank"); and, WHEREAS, the Bank has requested that the Authority and the Charter Members enter into this Third Amendment in order to provide that the provisions of the Member Use Agreement, as arrm_nded by the First Amendment and the Second Amendment, applicable to the 1992 Bonds shall also be applicable to the Refunding Bonds. In consideration of the foregoing, the Authority and the Charter Members each agree as follows: ARTICLE I All references to Bonds and to the Series 1992 Bonds in the Members Use Agreement, as amended by the First Amendment and the Second Amendment, shall be deemed to include the Refunded Bonds. The Members Use Agreement, the First Amendment, and the Second Amendment, as hereby amended, are ratified and confirmed. ARTICLE Section 2.1 Severability of Invalid Provisiop~. If any clause, provision or section of this Third Amendment is held to be illegal or invalid by any court, the invalidity of the clause, provision or section will not affect any of the remaining clauses, provisions or sections, and this Third Amendment will be construed and enforced as if the illegal or invalid clause, provision or section had not been contained in it. Section 2.2 .C,O. glll.~ll~. This Third Amendment may be executed in any number of counterparts, each of which, when so executed and delivered, will be an original, and the counterparts taken together will constitute one and the same instrument. Section 2.3 .ClgM~hlgJ.&~. This Third Amendment will be governed by the laws of the Commonwealth of Virginia. Section 2.4 ~a~,dldlll~l~. This Third Amendmem may be amended only in accordance with the provisions of the Members Use Agreemem. IN WITNESS WHEREOF, the parties have caused this Third Amendment to be executed as of the date above written. ATTEST: By: Its: ROANOKE VALLEY RESOURCE AUTHORITY By: Its: -2- ATTEST: By:. Its: COUNTY OF ROANOKE, VIRGINIA By: Its: ATTEST: By: Its: CITY OF ROANOKE, VIRGINIA By: ATTEST: By:. Its: TOWN OF VINTON, VIRGINIA C:kiNTERNLvrxI~WNLO~CGUUI~ 1 .WPD -3- TOWN OF NTON 311 So, Pollard Street VINTON, VIRGI~ 24179 PHONE (540) 983-0607 CAROLYN S. ROSS ADI~IIN. ASST./TOWN C/.F_RI~ March 3, 1999 Mr. Allan C. Robinson, Jr., Chairman Roanoke Valley Resource Authority 1020 Hollins Road Roanoke, VA 24012 Re: Third Amendment to RVRA Members Use Agreement Dear Mr. Robinson: Please be advised that the Vinton Town Council adopted Resolution No. 1167, authorizing the Third Amendment to the Roanoke Valley Resource Authority Members Use Agreement. Enclosed is a copy of this resolution adopted by Council on March 2, 1999. Advise if you need any additional information. Sincerely, Carolyn S. Ross Admin. Asst./Town Clerk Enclosure John R. Hubbard, CEO, RVRA Mary F. Parker, CMC/AAE, Clerk, Roanoke City Council Mary H. Allen, CMC/AAE, Clerk, Roanoke County Board of Supervisors RESOLUTION NO. 1167 AT A REGULAR MEETING OF ~ VINTON TOWN COUNCIL I:rELD ON TUESDAY, MARCH 2, 1999, AT 7:00 P.M. IN THE COUNCIL CHAM~ERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA A RESOLUTION OF ~ TOWN COUNCIL OF THE TOWN OF VINTON, VIRGINIA AUTHORIZING ~ TI:IlRD AM~ENDMENT TO THE ROANOKE VALLEY RESOURCE AUTHORITY MEMBERS USE AGREEMENT WHEREAS; The Roanoke Valley Resource Authority (the "Authority"), the County of Roanoke, Virginia (the "County"), the City of Roanoke, Virginia (the "City"), and the Town of Vinton, Virginia (the "Town") entered into the the Roanoke Valley Resource Authority Members Use Agreement dated October 23, 1991 (the "Members Use Agreement"), as amended by the First Amendment to Roanoke Valley Resource Authority Members Use Agreement, dated as of June 1, 1992, (the "First Amendment") and the Second Amendment to Roanoke Valley Resource Authority Members Use Agreement, dated as of December 2, 1996, (the "Second Amendment"), among the Authority, the County, the City and the Town under the Authority agreed to acquire, construct and equip a regional waste disposal system consisting of a landfill and transfer station and related structures and equipment (the "System"), and to provide financing therefor in order to dispose of all non-hazardous solid waste delivered to the System by or on behalf of the County, the City and the Town (collectively, the "Charter Members"); and, WI-IEREAS; the Authority issued its $33,830,000 Solid Waste Revenue Bonds, Series 1992 (the "1992 Bonds") to finance the System; and, Wm~REAS; WHEREAS; the Authority issued its $10,000,000 Revenue Refunding Bond, Series 1998 and its $10,000,000 Revenue Refunding Bond, Series 1999 (the "Refunding Bonds") to refund portions of the 1992 Bonds and sold the Refunding Bonds to Crestar Bank (the "Bank"); and the Bank has requested that the Authority and the Charter Members enter into a Third Amendment to Members Use Agreement (the "Third Amendment") in order to provide that the provisions of the Members Use Agreement, as amended by the First Amendment and the Second Amendment, applicable to the 1992 Bonds shall also be applicable to the Refunding Bonds. NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Vinton, Virginia: 1. Approval of Amendment. The Town Council hereby approves the Third Amendment in substantially the form on file with the Town Manager. The Town Manager and such officers and agents as he may designate are authorized and directed to execute and deliver the Third Amendment and the Clerk to the Town Council is authorized to seal and attest the Third Amendment with such changes as such officers deem appropriate to carry out the purposes expressed therein. 2. Effective Date. This Resolution shall take effect immediately. Motion made by Councilman R. R. Altice D. L. Davis , with the following votes recorded: Vice Mayor Altice Councilman Davis Councilman McCarty Councilman Obenchain Mayor Hill Yes Yes Yes Yes Yes ATTEST: Town Cle(k · and seconded by Councilman APPROVED: Charles R. Hill, l(/layor MARY H. ALLEN, CMC CLERK TO THE BOARD P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (703) 772-2005 Fax (703) 772-2193 BRENDA J. HOLTON DEPUTY CLERK February 24, 1999 Mr. Allan C. Robinson, Jr., Chairman Roanoke Valley Resource Authority 1020 Hollins Road Roanoke, VA 24012 Dear Mr. Robinson: Attached is a copy of Resolution No. 022399-1 authorizing the Third Amendment to the Roanoke Valley Resource Authority Members Use Agreement. This resolution was adopted by the Board of Supervisors at their meeting on Tuesday, February 23, 1999. If you need further information, please do not hesitate to contact me. Sincerely, bjh Attachment CC: Mary H. Allen, CMC, AAE Clerk to the Board of Supervisors Diane D. Hyatt, Director, Finance John R. Hubbard, CEO, RVRA Mary F. Parker, CMC/AAE, Clerk, Roanoke City Council Carolyn S. Ross, Clerk, Vinton Town Council AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER FEBRUARY 23, 1999 RESOLUTION 022399-1 OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA AUTHORIZING THE THIRD AMENDMENT TO ROANOKE VALLEY RESOURCE AUTHORITY MEMBERS USE AGREEMENT WHEREAS, the Roanoke Valley Resource Authority (the "Authority"), the County of Roanoke, Virginia (the "County"), the City of Roanoke, Virginia (the "City") and the Town of Vinton, Virginia (the "Town") entered into the Roanoke Valley Resource Authority Members Use Agreement dated October 23, 1991 (the "Members Use Agreement"), as amended by the First Amendment to Roanoke Valley Resource Authority Members Use Agreement, dated as of June 1, 1992, (the "First Amendment") and the Second Amendment to Roanoke Valley Resource Authority Members Use Agreement, dated as of December 2, 1996, (the "Second Amendment"), among the Authority, the County, the City and the Town under which the Authority agreed to acquire, construct and equip a regional waste disposal system consisting of a landfill and transfer station and related structures and equipment (the "System"), and to provide financing therefor in order to dispose of all nonhazardous solid waste delivered to the System by or on behalf of the County, the City and the Town (collectively, the "Charter Members"); and, WHEREAS, the Authority issued its $33,830,000 Solid Waste Revenue Bonds, Series 1992 (the "1992 Bonds") to finance the System; and, WHEREAS, the Authority issued its $10,000,000 Revenue Refunding Bond, Series 1998 and its $10,000,000 Revenue Refunding Bond, Series 1999 (the "Refunding Bonds") to refund portions of the 1992 Bonds and sold the Refunding Bonds to Crestar Bank (the "Bank"); and, WHEREAS, the Bank has requested that the Authority and the Charter Members enter into a Third Amendment to Members Use Agreement (the 'q'hird Amendment") in order to provide that the provisions of the Members Use Agreement, as amended by the First Amendment and the Second Amendment, applicable to the 1992 Bonds shall also be applicable to the Refunding Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Approval of Amendment. The Board of Supervisors hereby approves the Third Amendment in substantially the form on file with the County Administrator. The County Administrator and such officers and agents as he may designate are authorized and directed to execute and deliver the Third Amendment and the Clerk to the Board of Supervisors is authorized to seal and attest the Third Amendment with such changes as such officers deem appropriate to carry out the purposes expressed therein. 2. Effective Date. This Resolution shall take effect immediately. On motion of Supervisor Harrison to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: CC: Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors File Diane D. Hyatt, Director, Finance Allan C. Robinson, Jr., Chairman, RVRA John R. Hubbard, Chief Executive Officer Mary F. Parker, CMC/AAE, Clerk, Roanoke City Council Carolyn S. Ross, Clerk, Vinton Town Council -2- Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk March 2, 1999 File #53-60-305-337 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 34190-030199 authorizing an amendment to the Agreement between the City and The Jefferson Center Foundation, Ltd., dated December 3, 1998, such Amendment providing for the City's payment of $2.8 million, $400,000.00 of which has already been paid to The Jefferson Center Foundation, Ltd., for the J:)erformance Hall project, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 1, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: Warner N. Dalhouse, Vice President, The Jefferson Center Foundation, Ltd., 460 Tranquility Road, Moneta, Virginia 24121 Jane Stephenson, Executive Director, The Jefferson Center Foundation, Ltd., 541 Luck Avenue, S. W., Roanoke, Virginia 24016 James D. Grisso, Director of Finance William F. Clark, Director, Public Works Diane S. Akers, Budget Administrator, Office Of Management and Budget A:hMAR 1 COR WPD 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1999. No. 34190-030199. A RESOLUTION authorizing an amendment to the Agreement between the City and the Jefferson Center Foundation, Ltd., dated December 3, 1998, such Amendment providing for the City's payment of $2.8 million, $400,000 of which has already been paid, to the Jefferson Center Foundation, Ltd.,for the Performance Hall project, upon certain terms and conditions. WHEREAS, by Agreement between the City of Roanoke (City) and Jefferson Center Foundation, Ltd. (JCF), dated December 3, 1998, authorized by Ordinance No. 34084- 111698, adopted November 16, 1998, the City agreed to provide funding to JCF in an amount not to exceed $2,000,000 for the renovation of the Performance Hall in the City- owned Jefferson Center; WHEREAS, $400,000 was paid to JCF by the City pursuant to the December 3, 1998, Agreement; WHEREAS, this Council is now desirous of increasing its contribution to JCF for the Performance Hall project to a total of $2.8 million of which $400,000 has been paid, and Council desires to enter into an Amendment to its December 3, 1998, Agreement with JCF providing for the terms and conditions and payment schedule with respect to the City's contribution to the Performance Hall project; H:~MEA SURE S~,.-j e fcen. I THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, an Amendment to the Agreement between the City and JCF, dated December 3, 1998, such Amendment providing for the terms and conditions of the City's provision to JCF of total funding of $2.8 million for the renovation of the Performance Hall in the City- owned Jefferson Center, $400,000 of the City's total obligation having already been paid to JCF. 2. Such Amendment shall contain such other terms and conditions as are more particularly described in the report of the City Manager to this Council, dated March 1, 1999, a copy of which is on file in the Office of City Clerk, and the form of the Amendment shall be approved by the City Attorney. 3. This resolution shall take effect upon its adoption. ATTEST: City Clerk. H:~IEASURES~.-jcfcen. I Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk March 2, 1999 File #53-60-305-337 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 34189-030199 reallocating $800,000.00 of the proceeds of its General Obligation Public Improvement Bonds, Series 1994, from its 9uvenile Detention Home to the Jefferson Center. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 1, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: Warner N. Dalhouse, Vice President, The Jefferson Center Foundation, Ltd., 460 Tranquility Road, Moneta, Virginia 24121 Jane Stephenson, Executive Director, The Jefferson Center Foundation, Ltd., 541 Luck Avenue, S. W., Roanoke, Virginia 24016 James D. Grisso, Director of Finance William F. Clark, Director, Public Works Diane S. Akers, Budget Administrator, Office Of Management and Budget A:~kRICOR, WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1999. No. 34189-030199. A RESOLUTION of the City Council of the City of Roanoke, Virginia, reallocating $800,000 of the proceeds of its General Obligation Public Improvement Bonds, Series 1994, fi.om its Juvenile Detention Home to the Jefferson Center. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Findings and Determinations. The City Council of the City of Roanoke, Virginia, hereby finds and determines as follows: (a) On February 1, 1994, the City issued $35,800,000 principal amount of General Obligation Public Improvement Bonds, Series 1994, dated January 1, 1994 (the Series 1994 Bonds). (b) Of the proceeds of the sale of Series 1994, $1,500,000 of such proceeds were contemplated to be applied to the costs of improvements to the City's Juvenile Detention Home. (c) Subsequent to the issuance of the Series 1994 Bonds, there was created the Roanoke Valley Detention Commission as a public body corporate of the Commonwealth of Virginia for the purpose of acquiring the Juvenile Detention Home fi.om the City and owning and operating the same as a regional juvenile detention home on behalf of the members of such Commission, including the City. H:'uMEA SURE Sh'-j e fallo. 1 (d) In view of the foregoing, the Council hereby (i) determines that the $1,500,000 of the proceeds of sale of the Series 1994 Bonds allocated to the City's Juvenile Detention Home are no longer needed for such purpose; and (ii) determines to reallocate $800,000 of such amount to the Jefferson Center. 2. Reallocation of Series 1994 Bond Proceeds from the Juvenile Detention Home to the Jefferson Center. The Council hereby reallocates to the payment of the costs of the acquisition, construction, improvement and equipping of the Jefferson Center $800,000 of the proceeds of sale of the Series 1994 Bonds heretofore allocated to the payment of the costs of improvements to the City's Juvenile Detention Home. 3. Effectiveness of Resolution. This resolution shall take effect upon its adoption. ATTEST: City Clerk. H: hMEASURESh'-j e fallo. 1 Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk March 2, 1999 File #53-60-305-337 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: ! am attaching copy of Ordinance No. 34188-030199 amending and reordaining certain sections of the 1998-99 Capital Projects Fund Appropriations, providing for the transfer of $800,000.00, in connection with renovations to The Jefferson Center Performance Hall. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 1, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: W. Robert Herbert, City Manager William F. Clark, Director, Public Works Diane S. Akers, Budget Administrator, Office Of Management and Budget AhMAR 1 COR WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of March, 1999. No. 34188-030199. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations General Government Juvenile Detention (1) ...................................... Jefferson Center Performance Hall (2) ......................... 1) Appropriated from Bond Funds (008-052-9686-9001) $ (800,000) 2) Appropriated from Bond Funds (008-052-9720-9001) 800,000 17,632,030 700,000 1,200,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia March 1, 1999 99 - 04 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council Subject: Renovation of the Jefferson Center Performance Hall I. Background: mo In 1993, the Jefferson Center Foundation, Ltd. (JCF) renovated a major portion of the Jefferson High School. B. In June 1995, Fitzpatrick Hall was renovated. Co To complete the restoration of the Jefferson Center, JCF will renovate the Jefferson Center Performance Hall. Improvements to the Performance Hall will include the complete renovation of the 1000 seat auditorium, including the addition of dressing rooms and additional areas that are needed for the operation of a performance hall. Eo In Fiscal Year 1996-97, the JCF requested $2 million be provided by the City based on a preliminary cost estimate of $5 million for the renovation project. Using a cost-sharing ratio of 40% City funding and 60% private funding, the JCF agreed to raise $3 million in private contributions. Fo As part of the 1998-2002 Capital Improvement Plan, General Obligation Bond funding in the amount of $1.6 million and undesignated capital funds (interest earnings) of $400,000 were dedicated by City Council to the JCF for the Jefferson Center Performance Hall. Go Due to higher than anticipated costs, JCF revised the cost estimate for the completion of the renovation of the Performance Hall from $5 million to $7 million. Ho On November 2, 1998, JCF made a request to Ci_ty Council for additional funds towards the renovation of the Performance Hall. On November 16, 1998, City Council authorized the City to enter an agreement with JCF to provide the initial $400,000 towards the renovation of the Jefferson Performance Hall by Ordinance 34084-111699. On November 16, 1998, City Jo Council agreed to consider providing an additional $800,000 in funding based on a cost sharing formula of 60% JCF and 40% City for a maximum City total contribution of $2.8 Million, and asked City Administration to identify a funding source by January 19, 1999. On December 3, 1998, the Ci_ty entered into an agreement with the JCF to provide the initial $2 million dollars towards the renovation of the Jefferson Center Performance Hall. II On January_ 19, 1999, the City's 1999 - 2003 Capital Improvement Plan was updated and approved by City Council. The Plan identified $800,000 in funding for the project available in the series 1994 general obligation bonds. Current Situation: III Issues: City needs to appropriate the additional $800,000 in order to complete the financing arrangement for the $7 million project. $800,000 is available from Bond funds originally targeted for the expansion of the Juvenile Detention Home. The expansion project will now be funded and administered by the Roanoke Valley Detention Commission. An amendment to the current agreement between the City and JCF is required in order for the JCF to receive these additional funds and begin this project. IV A. Completion of the renovation of the Jefferson Center B. Availability of funding C. Timing Alternatives: mo Adopt the attached Resolution authorizing the reallocation of $800,000 of the proceeds of sale of Series 1994 Bonds from the Juvenile Detention Home to the Jefferson Center, and adopt a second Resolution authorizing the City Manager, or the Assistant City Manager, to execute, and the City Clerk to attest an amendment to the agreement with JCF, in a form approved by the City Attorney, to provide an additional $800,000 towards the renovation of the Jefferson Performance Hall. This amendment will enable JCF to begin the Jefferson Center renovation. o $800,000 in funding is currently available from the series 1994 general obligation bonds account #008-052-9686-9001. Timing is important as the JCF is completing the financing arrangements for the project. Vo B° Do not adopt a Resolution authorizing the reallocation of $800,000 of the proceeds of sale of Series 1994 Bonds from the Juvenile Detention Home to the Jefferson Center, and do not adopt a second Resolution authorizing the City Manager, or the Assistant City Manager, to execute, and the City Clerk to attest, an amendment to the agreement with JCF, in a form approved by the City Attorney, to provide JCF an additional $800,000 for the renovation of the Jefferson Performance Hall. 1. Complete renovation of the Jefferson Center will be delayed. $800,000 in funding will continue to be available in the series 1994 general obligation bond account. o Timing will be an issue. If the additional funding is not available to JCF in March 1999, then JCF will have to secure funding elsewhere if the project is to proceed according to schedule. Recommendation is that City Council concur in Alternative A and: Authorize the reallocation of $800,000 of the proceeds of sale of Series 1994 Bonds from the Juvenile Detention Home to the Jefferson Center. Bo Authorize the City Manager, or the Assistant City Manager, to execute, and the City Clerk to attest, an amendment to the agreement with JCF, in a form approved by the City Attorney, to provide JCF an additional $800,000 for the renovation of the Jefferson Performance Hall. Co Authorize the transfer of funds in the amount of $800,000 from account 008-052- 9686-9001 to the Jefferson Center Performance Hall account 008-052-9720. Respectfully Submitted, ean~a~e:rbert CC: Budget Administrator City Attorney City Clerk Director of Finance Director of Public Works Jane Stephenson, Jefferson Center Foundation Warner Dalhouse, Jefferson Center Foundation 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 3, 1999 File #67-472 Wayne E. Williams, Sales Manager Magic City Motor Corporation 809 Williamson Road, N. E. Roanoke, Virginia 24016 John Conley, General Manager Roanoke Welding, Inc. P. O. Box 13725 Roanoke, Virginia 24036 Gentlemen: I am enclosing copy of Resolution No. 34192-030199 accepting the bids of Magic City Motor Corporation, in the amount of $146,226.00, for 3-new 10 ton dump truck 'bab/chassis; and Roanoke Welding, Inc., in the amount of $23,700.00, for 3-new 10 ton dump truck bodies. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 1, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure pc: W. Robert Herbert, City Manager James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works James A. McClung, Manager, Fleet Management John W. Coates, Manager, Parks and Recreation D. Darwin Roupe, Manager, Supply Management Barry L. Key, Manager, Office of Management and Budget 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 3, 1999 File #67-472 Nell Blake, Sales Manager Fulton Trucks, Inc. P. O. Box 6337 Roanoke, Virginia 24017 Tom Burton, Sales Manager Highway Motors, Inc. 5307 Peters Creek Road Roanoke, Virginia 24019 Truck Body Corporation P. O. Box 10906 Lynchburg, Virginia 24506 Gentlemen: I am enclosing copy of Resolution No. 34192-030199 accepting the bid of Magic City Motor Corporation, in the amount of $146,226.00, for 3-new 10 ton dump truck cab/chassis; and Roanoke Welding, Inc., in the amount of $23,700.00, for 3-new 10 ton dump truck bodies. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 1, 1999. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the abovedescribed vehicular equipment. Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1999. No. 34192-030199. A RESOLUTION accepting bids made to the City for furnishing and delivering dump trucks upon certain terms and conditions; and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bids in writing of the following named bidders to furnish to the City the items hereinafter set out and generally described, such items being more particularly described in the City's specifications and any alternates and in each bidder's proposal, are hereby ACCEPTED, at the purchase price set out with each item: Quantity and Description Successful Bidder Total Purchase Price 3 new 10 ton dump truck cab/chassis Magic City Motor Corporation $146,226.00 3 new 10 ton dump truck bodies Roanoke Welding, Inc. $23,700.00 2. The City's Manager of Supply Management is hereby authorized to issue the requisite purchase orders and related documents therefor, incorporating into said orders the City's specifications, the terms of said bidders' proposals and the terms and provisions of this Resolution. 3. Any and all other bids made to the City for the aforesaid procurement are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: City Clerk. March 1, 1999 _Council Report No. 99-320 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: Bid to Purchase Dump Trucks Bid No. 98-12-46 Background on the subject in chronological order is: Current year Capital Maintenance and Equipment Replacement Program has identified the need to replace three (3) Dump Trucks in the Parks and Grounds Department. Specifications were developed and along with Request for Bids, were specifically sent to fourteen (14) truck and body dealers and manufacturers. A public advertisement was posted on the City's Bid Board and also published in The Roanoke Times and The Roanoke Tribune. Bids were received, until 2:00 p.m. on December 30, 1998, at which time all bids appropriately received were publicly opened and read in the Office of the Manager of Supply Management. II Current Situation is: Five (5) bid responses were received. A bid tabulation is attached. Research determined that there is no current State Contract on this type of vehicle. All bids were evaluated in a consistent manner by representatives of the following departments: Public Works Fleet Management Supply Management C. Bid evaluations are as follows: Item #1 - Three (3) new Cab/Chassis for 10 Ton Dump Truck. The lowest bid, submitted by Magic City Motor Corporation, meets all required specifications for a cost of $48,742.00 per unit. Mayor David A. Bowers and Members of Council Dump Trucks March 1, 1999 Page 2 III IV Item #2 - Three (3) new 10 Ton Dump Bodies to be mounted on Item #1. The lowest bid, submitted by Roanoke Welding, Inc. meets all required specifications for a cost of $7,900 per unit. Issues in order of importance are: A. Need B. Compliance with specifications C. Funding Alternatives in order if feasibility are: A. City Council authorize the purchase of Dump Trucks as follows: Three (3) new Cab/Chassis for 10 Ton Dump Truck from Magic City Motor Corporation at a total cost of $146,226.00. Three (3) new 10 Ton Dump Bodies, to be mounted on above Truck Cab/Chassis, from Roanoke Welding, Inc. for a total cost of $23,700.00. ao Need to replace dump trucks that are over seventeen (17) years old and experience increased downtime and maintenance cost, would be addressed by this alternative. Compliance with specifications is met by the bids submitted by the organizations that are recommended in this alternative. Co Funding designated for this acquisition is available in Fleet Management account 017-052-2642-9010. Reject all bids. Need to replace old, high maintenance cost dump trucks would not be addressed by this alternative. Mayor David A. Bowers and Members of Council Dump Trucks March 1, '1999 Page 3 2. Compliance with specifications would not be a factor in this alternative. V CC; Funding designated for this purchase would not be expended, at this time, with this alternative. Recommendation: City Council concur with alternative "A" to authorize the purchase of Dump Trucks for the Parks and Grounds Department as follows: Three (3) new 10 Ton Dump Truck Cab/Chassis from Magic City Motor Corporation for a total cost of $146,226.00. 2. Three (3) new 10 Ton Dump Bodies, to be mounted on above Cab/Chassis, from Roanoke Welding, Inc. for a total cost of $23,700.00. B. Reject all other bids. Respectfully Submitted, W. Robert Herbert City Manager City Attorney City Clerk Director of Finance Director of Utilities & Operations Director of Public Works Manager, Fleet Management Manager, Supply Management Management & Budget Bid Tabulation Bids were received, publicly opened and read at 2:00 p.m. on December 30, 1998 For Dump Trucks and Bodies Bid No. 98-12-46 Item 3 - New Cab/Chassis for 10 Ton Dump Truck, delivered F.O.B. Roanoke, Virginia 3 - New 10 Ton Dump Bodies to be mounted on above Cab/Chassis delivered F.O.B. Roanoke, Virginia Delivery Magic City Fulton Highway Roanoke Truck Body Motor Trucks, Inc. Motors, Inc. Welding, Inc. Corporation Corporation Roanoke, VA Roanoke, VA Roanoke, VA Roanoke, VA * $48,742.00 $51,710.62 ea ea N/B N/B $49,646.59 ea N/B NIB NIB * $7,900.00 ea $9,336.00 ea 180-270 days 120 days 240 days 30 days 60 days Committee: William F. Clark es A. McClun9c-~ D Darwin Roupe "~ ~ * Indicates Recommendation MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk March 3, 1999 File #5-32-183-472 Wayne E. Williams, Sales Manager Magic City Motor Corporation 809 Williamson Road, N. E. Roanoke, Virginia 24016 Dear Mr. Williams: I am enclosing copy of Resolution No. 34193-030199 accepting the bids of Magic City Motor Corporation for I new full size 4-door automobile, in the amount of $19,703.35, and 18 new full size 4-door marked police automobiles, in the amount of $368,967.60. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 1, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure pc~ W. Robert Herbert, City Manager James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations George C. Snead, Jr., Director, Public Safety William F. Clark, Director, Public Works James A. McClung, Manager, Fleet Management D. Darwin Roupe, Manager, Supply Management A. L. Gaskins, Chief of Police Barry L. Key, Manager, Office of Management and Budget 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 3, 1999 File #5-32-183-472 Jesse B. Sellers, Jr., Manager Berglund-Ford, Inc. 834 E. Main Street Salem, Virginia 24153 Ken Spangler, Manager Berglund Chevrolet, Inc. P. O. Box 12608 Roanoke, Virginia 24027 Robert Kaplan, Vice President Dominion Car Company 1259 E. Main Street Salem, Virginia 24153 Gentlemen: I am enclosing copy of Resolution No. 34193-030199 accepting the bids of Magic City Motor Corporation for 1 new full size 4-door automobile, in the amount of $19,703.35, and 18 new full size 4-door marked police automobiles, in the amount of $368,967.60. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 1, 1999. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the abovedescribed vehicular equipment. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1999. No. 34193-030199. A RESOLUTION accepting bids made to the City for furnishing and delivering motor vehicles upon certain terms and conditions; and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bids in writing of the following named bidders to furnish to the City the items hereinafter set out and generally described, such items being more particularly described in the City's specifications and any alternates and in each bidder's proposal, are hereby ACCEPTED, at the purchase price set out with each item: Quantity and Description Successful Bidder Total Purchase Price 1 new full size 4-door automobile Magic City Motor Corporation $19,703.35 18 new full size 4-door marked police automobiles Magic City Motor Corporation. $368,967.60 2. The City's Manager of Supply Management is hereby authorized to issue the requisite purchase orders and related documents therefor, incorporating into said orders the City's specifications, the terms of said bidders' proposals and the terms and provisions of this Resolution. 3. Any and all other bids made to the City for the aforesaid procurement are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: City Clerk. II Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia March 1, 1999 Council Report No. 99-321 Dear Mayor Bowers and Members of Council: SUBJECT: Bids to Purchase Automobiles, Bid No. 98-12-51 Back~ on the subject in chronological order is: Current Year Capital Maintenance and Equipment Replacement Pro.qrai~ has identified the need to replace some automobiles in Public Works, Building Inspections and Police departments. .Specifications were developed, and along with Request for Bids, were sent specifically to ten (10) automobile dealers that are currently listed on the City's Bid List. A public advertisement was posted on the City's Bid Board and also published in The Roanoke Times and The Roanoke Tribune. Bids were received until 2:00 p.m. on January 8, 1999 at which time all bids appropriately received were publicly opened and read in the Office of the Manager of Supply Management. Current Situation is: Four (4) bid responses were received. A bid tabulation is attached. The automobiles that were bid were also compared with vehicles that were available under the State of Virginia Contract. All bids were evaluated in a consistent manner by representatives of the following departments: Public Works Fleet Management Supply Management Bid evaluations are as follows: Item #1 - 5 new intermediate class automobiles for Public Works and Building Inspections. All bid responses took exceptions to the motor size. This exception is substantial and cannot be waived as an informality. Specifications will be reviewed, revised and the units re- advertised. Item #2 - 3 new intermediate class automobiles for Police Services. Only one (1) bid response met all requirements of the specifications. That bid exceeds the Funds designated for the purchase. Specifications will be reviewed, revised and the units re-advertised. Mayor David A. Bowers and Member of Council Automobiles March 1, 1999 Page 2 III IV Item #3 - 1 new full size 4-door automobile for Police Services. The lowest bid, submitted by Magic City Motor Corporation meets all required specifications for a cost of $19,703.35. Item ~4 - 18 new 4-door marked Police automobiles. The lowest bid submitted by Berglund Ford, Inc., Salem, Virginia, took exception to the headlight flashing system. This exception is substantial and cannot be waived as an informality. .The second lowest bid, submitted by Magic City Motor Corporation meets all required specifications for a cost of $20,498.20 per vehicle. Issues in order of importance are: A. Need B. Compliance with specifications C. Funding Alternatives in order of feasibility are: City Council authorize the purchase of automobiles as follows and reject all other bids. One (1) new full size 4-door automobile for Police Services from Magic City Motor Corporation for a total cost of $19,703.35. Eighteen (18) new full size 4-door marked Police automobiles from Magic City Motor Corporation for a cost of $20,498.20 per vehicle. Need for the purchase of the requested automobiles is to provide an efficient and effective response to citizens needs. b. Compliance with specifications is met by the Firm recommended in this alternative. Funding is designated in Fleet Management account 017-052- 2642-9010. B. Reject all bids. Mayor David A. Bowers and Members of Council Automobiles March 1, 1999 Page 3 Need to properly serve the citizens of Roanoke in the most expedient manner will not be accomplished with this alternative. 2. Compliance with specifications would not be a factor with this alternative. 3. Funding designated for requested automobiles would not be expended at this time. V Recommendation A. City Council concur with Alternative "A" - to authorize the purchase of automobiles as follows: One (1_) new full size 4-door automobile for Police Services to Magic City Motor Corporation for a total cost of $19.703.35. Eighteen (18) new full size 4-door marked Police automobiles from Magic City Motor Corporation for a total cost of $368,967.60. B. Reject all other bids. CC; City Attorney City Clerk Director of Finance Director of Utilities & Operations Director of Public Safety Director of Public Works Manager, Fleet Management Manager, Supply Management Police Chief Management & Budget Respectfully Submitted, W. Robert Herbert City Manager Bid Tabulation Bids received and opened in the Office of Supply Management at 2:00 p.~0n January 8, 1999 For / Automobiles ~ Bid No. 98-12-51 Berglund Magic City Dominion Berglund Ford, Inc. Motor Dodge LTD Chevrolet, Salem, VA Corporation Salem, VA Inc. Roanoke, VA Roanoke, VA State Contract Richmond, VA Items No. 1 5 - New Intermediate Class Automobiles for administrative service, delivered F.O.B. Roanoke, Virginia $14,737.60 ea $14,143.60 ea $15,992.69 ea $14,452.84 ea No Contract Item No. 2 3 - New Intermediate Class Automobiles for Police Services, delivered F.O.B. Roanoke, Virginia $16,093.90 ea $24,621.20 ea N/B $15,068.24 ea $18,316.00 ea Item No. 3 1 - New Full Size 4-Door Automobiles for Police Services, delivered F.O.B. Roanoke, Virginia $19,761.35 ea * $19,703.35 ea N/B N/B $20,149.20 ea Item No. 4 18 - New 4-Door Police Automobiles, delivered F.O.B. Roanoke, Virginia $20,369.35 ea * $20,498.20 ea N/B N/B $21,004.50 ea Delivery 60-90 Days 60-90 Days 45-60 Days 60-90 Days 90-120 Days Committee: William F. Clark James A. McClung U D. Darwin Roupe *Indicates Recommendation Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk March 2, 1999 File #5-60-236 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34194-030199 amending and reordaining certain sections of the 1998-99 Grant Fund Appropriations, providing for appropriation of $1,581.00 from the Local Law Enforcement Block Grant to allow funding to be expended in accordance with applicable City purchasing requirements and Federal grant requirements. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 1, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc~ W. Robert Herbert, City Manager John P. Baker, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 The Honorable Donald S. Caldwell, Commonwealth's Attorney George C. Snead, Jr., Director, Public Safety A. L. Gaskins, Chief of Police Madam K. Alam Stacy, Coordinator, Roanoke Neighborhood Partnership Charles A. Harlow, Grants Monitor, Office of Grants Compliance Diane S. Akers, Budget Administrator, Office of Management and Budget A:~IARI C0R WPD IN THE COUNCIL OF THE CiTY OF ROANOKE, VIRGINIA The 1st day of March, 1999. No. 34194-030199. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety $1,542,924 Local Law Enforcement Block Grant 97-99 (1) ..................... 142,707 Revenue Public Safety Local Law Enforcement Block Grant 97-99 (2) ..................... $1,542,924 142,707 1 ) Overtime Wages (035-050-3311-1003) $1,581 2) Local Law Enforcement Block Grant - Interest (035-035-1234-7280) 1,581 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. 1999, co.oil Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Subject: Local Law Enforcement Block Grant Interest I. Background: II. A. The Omnibus Fiscal Year 1997 Appropriations Act, Public Law 104-208, provides funding for the implementation of the Local Law Enforcement Block Grant Program, administered by the Bureau of Justice Assistance (BJA), U.S. Department of Justice. The purpose of the Local Law Enforcement Block Grant Program is to provide local governments with funds to underwrite projects to reduce crime and improve public safety. B. Council Authorized Application for and Acceptance of these Grant Funds on September 22, 1997 through Resolution #33588-092297. Funds from this grant were awarded to the city by the U.S. Department of Justice. Appropriation of these funds was authorized by Council on April 20, 1998 through Resolution #33788-042098. C. The Grant Provided $141,111 ($127,013 Federal and $14,098 local match). These funds were placed into an interest-bearing account. D. Over 3,885 hours of police overtime, as well as police bicycles and uniforms have been provided by this grant funding. The overtime has been directed at specific neighborhoods in the form of officers on Bicycle Patrol. Selection of locations for these patrols included input from a grant Advisory Board of citizens and public officials. Current Situation A. According to the terms of the grant award, grant funds were placed in and interest bearing account. Interest earnings may be used for allowable program expenditures. Interest earned on the grant funds through December 31, 1998 totals $1,581. B. Police Bicycle Patrol Hours could be expanded through allocation of this interest funding. Mayor David A. Bowers Members of City Council Page 2 March 1, 1999 III. Issues: A. Need B. Funds Availability Alternatives: A. City_ Council Appropriate interest revenue from this Block Grant to expenditure accounts to allow funding to be expended in accordance with applicable City purchasing requirements and Federal grant requirements. 1. Need exists to provide overtime hours to increase police bicycle patrols in selected neighborhoods. 2. Funds are available in account 035-035-1234-7280. B. Ci_ty Council not authorize expenditure of these funds. 1. Need for overtime for additional bicycle patrol hours will not be met. 2. Funds will have to be returned to the U. S. Department of Justice. Recommendation is that Council approve alternative "A" to appropriate funds from the Local Law Enforcement Block Grant. A. Appropriate all interest revenuefrom this grant to the following grant fund account: Police Overtime 035-050-3311-1003 B. Increase the grant fund revenue estimate of account 035-035-1234-7280 by $1,581. Mayor David A. Bowers Members of City Council Page 3 March 1, 1999 Respectfully submitted, W. Robert Herbert City Manager WRH:ALG/wla cc: City Manager Director of Finance Director of Public Safety Chief of Police Roanoke Neighborhood Partnership Executive Director, Roanoke Housing Authority Commonwealth's Attorney Office of Grants Compliance Budget Administrator Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk March 2, 1999 File #60-72 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34195-030199 amending and reordaining certain sections of the 1998-99 General Fund Appropriations, providing for appropriation of $340,000.00 to ADC-Foster Care cost center, $484,000.00 to Day Care Services cost center and transfer of $16,000.00 from Health Department Subsidy cost center to Day Care Services cost center. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 1, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: W. Robert Herbert, City Manager Glenn D. Radcliffe, Director, Human Development Corinne B. Gott, Superintendent, Social Services Diane S. Akers, Budget Administrator, Office of Management and Budget A:~VlARICOR.WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of March, 1999. No. 34195-030199. 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: Appropriatione Health and Welfare Health Department (1) ................................... Social Services (2-3) .................................... $ 24,822,545 964,507 8,039,004 Revenue Grants-in-Aid Commonwealth Social Services (4-5) ..................................... $ 41,261,663 18,417,862 1) Subsidies (001-054-5110-3700) $ (16,000) 2) A.D.C. Foster Care (001-054-5314-3115) 340,000 3) Daycare Services (001-054-5314-3159) 500,000 4) Foster Care (001-020-1234-0675) 340,000 5) Day Care (001-020-1234-0686) 484,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virgi~a,, March 1, 1999 #99-701 The Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: ADDITIONAL FUNDING FOR ADC-FOSTER CARE AND DAY CARE PROGRAMS BACKGROUND Social Services, through our Foster Care Program, provides out-of-home placements for certain children who are in need of protection and can no longer live at home. For those children who are determined eligible for Title IV-E funding, the Federal and State governments will reimburse localities for the costs of out-of-home placements at 100% of costs of room and board. Social Services, through our Day Care Programs, provides for financial assistance with day care costs for children of eligible families who are employed or in education or training programs. II. CURRENT SITUATION Due to changes in eligibility criteria and program policy, Social Services has received additional funding for ADC-Foster Care for Fiscal Year 1999 in the amount of $340,000. $252,000 of this additional funding is for expenditures for day care services and daily supervision provided by foster parents for children with special needs. These expenditures were previously charged to the Comprehensive Services Act (CSA) Program and may now be charged to ADC-Foster Care for Title IV-E children. By doing this, local CSA matching funds of $74,414 can be redirected to other CSA programs. The remaining portion of the additional funding is for an increase in Title IV-E eligible children. These policy changes are permanent, and Title IV-E funding will continue for Fiscal Year 2000. Due to Welfare Reform and changes in other Day Care policy, Social Services has received additional funding for Day Care for Fiscal Year 1999 in the amount of $484,000, which requires a local match of $16,000. The Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia March l, 1999 #99-701 Page Two III. ISSUES A. Services to Citizens. C. Funding. D. Legal. IV. ALTERNATIVES Appropriate $340,000 to ADC-Foster Care cost center 001-054-5314-3115 and $484,000 to Day Care Services cost center 001-054-5314-3159 in order to utilize additional Federal and State funding. Transfer local funding in the amount of $16,000 from Health Department Subsidy cost center 001-054-5110-3770 to Day Care Services cost center 001-054-5314-3159. Increase the General Fund Revenue estimates by $340,000 in Foster Care revenue account number 001-020- 1234-0675 and $484,000 in Day Care revenue account number 001-020-1234- 0686. Services to Citizens. Children will be protected through the ADC-Foster Care program and eligible families will receive Day Care services that assist them with achieving and maintaining self-sufficiency through employment. Funding. There is no local match for the ADC-Foster Care Program. The additional Day Care funding requires a local match of $16,000 which is available in the Health Department Subsidy cost center. 3. Legal. Roanoke City will be able to fulfill its legal obligations. Do not appropriate $340,000 to ADC-Foster Care cost center 001-054-5314-3115 and $484,000 to Day Care Services cost center 001-054-5314-3159 in order to utilize additional Federal and State funding. Do not transfer local funding in the amount of $16,000 from Health Department Subsidy cost center 001-054-5110- 3700 to Day Care Services cost center 001-054-5314-3159. Do not increase the General Fund Revenue estimates by $340,000 in Foster Care revenue account number 001-020-1234-0675 and $484,000 in Day Care revenue account number 001-020-1234-0686. Services to Citizens. Roanoke City Department of Social Services is mandated to provide Foster Care services and Day Care services. Low- income families will be adversely impacted and may not be able to remain employed if not able to receive Day Care for their children. The Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia March 1, 1999 #99-701 Page Three Vo Funding. Reimbursement could be withheld and Roanoke City could be required to cover the costs of ADC-FC children with the CSA budget, which requires a local match, until locality complies with mandates. Legal. Roanoke City will not be in compliance with statutes requiring Foster Care Services. RECOMMENDATION mo City Council concur with Alternative A to appropriate $340,000 to ADC-Foster Care cost center 001-054-5314-3115 and $484,000 to Day Care Services cost center 001-054-5314-3159 in order to utilize additional ADC-Foster Care and Day Care funding. Transfer local funding in the amount of $16,000 from Health Department Subsidy cost center 001-054-5110-3700 to Day Care Services cost center 001-054-5314-3159. Increase the General Fund Revenue estimates by $340,000 in Foster Care revenue account number 001-020-1234-0675 and $484,000 in Day Care revenue account number 001-020-1234-0686. Respectfully submitted, City Manager CCi Wilbum C. Dibling, City Attorney James D. Grisso, Director of Finance Mary F. Parker, City Clerk Glenn D. Radcliffe, Director of Human Development Corinne B. Gott, Superintendent of Social Services Diane S. Akers, Budget Administrator 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 3, 1999 SANDRA H. EAKIN Deputy City Clerk All Certificated Providers of Local Exchange Telephone Services Within the City of Roanoke, Virginia Re: Adoption by the City of Roanoke of the Public Rights-Of-Way Use Fee Ladies and Gentlemen: The City of Roanoke has adopted a Public Rights-of-Way Use Fee by Ordinance No. 34196-030199, enacted on March 1, 1999. A copy of this ordinance is enclosed with this letter. This is to provide all certificated providers of local exchange telephone service within the City of Roanoke the notice required under the statute, Virginia Code {}56-468. I. If you provide local exchange telephone service within the City of Roanoke, you are required to proceed to start collecting the Public Rights-Of-Way Use Fee in the City of Roanoke as of July 1, 1999, and remit those fees to the City at the following address: City of Roanoke Office of Billings and Collections ARm Gerri Rorer 215 Church Avenue, S. W., Room 212 Roanoke, Virginia 24011 If you have any questions, please contact Gerri Rorer at the above address or at (540) 853-2880. Please note that you need to collect the Public Rights-Of-Way Use Fee and remit it to the City in accordance with the provisions of {}56-468.1. We understand that the Use Fee for the period of July 1, 1999, through June 30, 2000, will be $.50 per affected access line per month. Accordingly, you will need to provide the Office of Billings and Collections with the number of affected access lines that you operate within the City of Roanoke. Thank you for your cooperation in this matter. Mary F. Parker, CMC/AAE City Clerk MFP/GET/lsc pc: W. Robert Herbert, City Manager James D. Grisso, Director of Finance Archie W. Harrington, Manager, City Information Systems Dana D. Long, CMef, Billings and Collections IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of March, 1999. No. 34196-030199. AN ORDINANCE adopting a Public Rights-of-Way Use Fee pursuant to § 56-468.1 of the Code of Virginia (1950), as amended; directing the City Clerk to notify certificated providers of local exchange telephone service within the City of the adoption of such Public Rights-of-Way Use Fee; and providing for an emergency. WHEREAS, the Virginia General Assembly has enacted a Public Rights-of-Way Use Fee pursuant to §56-468.1; and WHEREAS, §56-468.1 sets forth in detail the manner in which the Public Rights-of-Way Use Fee is to be calculated for the benefit of localities in the Commonwealth, the extent of its application, the method and means of billing and collecting said fee, and the transmission of the appropriate amount to this City and other localities; and WHEREAS, the City of Roanoke has elected to adopt the Public Rights-of-Way Use Fee; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Notwithstanding any other provision of law, including its Charter, or any other ordinance or resolution, the City of Roanoke hereby adopts the Public Rights-of-Way Use Fee provided for in {}56-468.1 of the Code of Virginia (1950), as amended. The amount of such fee shall be calculated pursuant to {}56-468.1. The collection and transmission of such fee by certificated providers of local exchange telephone service within the City will commence as of the fiscal year starting July 1, 1999, in accordance with the provisions of §56-468.1, all as more fully set forth in the report to this Council dated March 1, 1999. 2. The terms used in this ordinance shall have the same meaning as those used in §56- 468.1 of the Code of Virginia (1950), as amended. 3. The Public Rights-of-Way Use Fee imposed by this ordinance applies only to those fees provided for by §56-468.1 as of July 1, 1999, except as may be provided in § §56-458, 56-462, 56-468.1 and 56-468.2,and any and all other obligations, duties, or agreements of or by certificated providers of telecommunications services existing under franchises, licenses, ordinances, resolutions, agreements, code sections, or other forms of consent shall remain in full force and effect. 4. On and after July 1, 1999, for new installations, certificated providers of telecommunications services will be able to receive reimbursement for eligible relocation costs incurred at the direction of the City pursuant to the provisions of {}56-468.2 of the Code of Virginia (1950), as amended. 5. The City Clerk is directed to give notice in writing of the City's adoption of the Public Rights-of-Way Use Fee and this ordinance by certified mail to the registered agent of each certificated provider of local exchange telephone service within the City. 6. 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 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 3, 1999 SANDRA H. EAKIN Deputy City Clerk All Certificated Providers of Local Exchange Telephone Services Within the City of Roanoke, Virginia Re: Adoption by the City of Roanoke of the Public Rights-Of-Way Use Fee Ladies and Gentlemen: The City of Roanoke has adopted a Public Rights-of-Way Use Fee by Ordinance No. 34196-030199, enacted on March 1, 1999. A copy of this ordinance is enclosed with this letter. This is to provide all certificated providers of local exchange telephone service within the City of Roanoke the notice required under the statute, Virginia Code §56-468. I. If you provide local exchange telephone service within the City of Roanoke, you are required to proceed to start collecting the Public Rights-Of-Way Use Fee in the City of Roanoke as of July 1, 1999, and remit those fees to the City at the following address: City of Roanoke Office of Billings and Collections Attn: Gerri Rorer 215 Church Avenue, S. W., Room 212 Roanoke, Virginia 24011 If you have any questions, please contact Gerri Rorer at the above address or at (540) 853-2880. Please note that you need to collect the Public Rights-Of-Way Use Fee and remit it to the City in accordance with the provisions of §56-468.1. We understand that the Use Fee for the period of July 1, 1999, through June 30, 2000, will be $.50 per affected access line per month. Accordingly, you will need to provide the Office of Billings and Collections with the number of affected access lines that you operate within the City of Roanoke. Thank you for your cooperation in this matter. MFP/GET/lsc Mary F. Parker, CMC/AAE City Clerk pc.' W. Robert Herbert, City Manager James D. Grisso, Director of Finance Archie W. Harrington, Manager, City Information Systems Dana D. Long, Chief, Billings and Collections March 1, 1999 Council Report No. 99-600 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Council Members: SUBJECT: Telecommunications Public Rights-of-Way Use Fee I. Background on the subject is: mo January_ 1996 Congress passed the Telecommunications Act of 1996 and it was signed into law by the President in February 1996. The new Act was designed to remove regulatory barriers and encourage new business among all types of communications companies. The Act preempts all state and local laws that prohibit or have the effect of prohibiting a business from providing telecommunication services. Bo Co After passage of the Act, disputes arose among localities, the Virginia Department of Transportation (VDOT), and telecommunications carriers as to what charges or compensation localities could impose on or require from telecommunications carriers for the use of the rights-of-way within the localities or VDOT'S rights-of-way. In response to this controversy, the 1997 General Assembly amended Virginia Code Sections 56-458 and 56-462 to require the localities to maintain their charges as of February 1, 1997, until July 1, 1998. The purpose of those amendments was to allow the telecommunications carriers and the localities to try to resolve the controversy between the parties. 1998 General Assembly addressed the issues of compensation or charges localities and VDOT could impose on or require from telecommunications carriers for the use of rights-of-way. This legislation provides for a public rights-of-way use fee along with other requirements for imposing that rights-of-way use fee. Virginia Code Section 56-468.1, which became effective July 1, 1998, provides for the establishment of the use fee. The General Assembly apparently decided that instead of imposing fees or charges on the telecommunications carriers, the local exchange carriers for each area would assess and collect a public rights-of-way use fee from each customer who has an access line as defined in the statute. The statute defines access lines to include residential and business telephone lines and other switched common lines connecting the customer premises to the end office switch. This basically means dial tone service. Access lines do not include local, state, and federal government lines or certain other lines excepted in the statute. Basically, the number of access lines in a particular jurisdiction will be similar to the number of 9-1-1 lines on which the 9-1-1 tax is assessed. The statue provides that the use fee will be automatically assessed against all applicable customers in counties, but that municipalities and towns will have to adopt a use fee by way of an ordinance. The statue further provides that if a locality adopts the use fee it will be subject to providing reimbursement to telecommunications carriers for relocation costs in certain circumstances as set forth H:XMEASURESXreport Honorable Mayor and Member of City Council Roanoke, Virginia March 1, 1999 Page 2 in the statute, such cost not to exceed the amount of the use fee the locality might receive. II. Do The legislation basically provides that a locality or VDOT cannot charge a certificated provider of telecommunications service for the use of the public rights- of-way except in the manner prescribed in §56-468.1, provided, however, that any localities that have current existing franchises or ordinances can continue to enforce those until they expire in lieu of receiving the use fee. Eo The amount of the use fee is to be calculated annually by VDOT and shall not be less than $.50 per access line per month and may be increased yearly. The annual amount is calculated by charging an established amount for (i)the number of miles of public highway and (ii)the number of feet of new installations installed in existing public rights-of-way. The fee is then determined by dividing the sum of the total amount from highway mileage and new installations by the total number of access lines in a participating locality or jurisdiction. The monthly amount that can be charged and collected by the telecommunications carriers is included as a separate item on each customer's monthly local exchange billing statement in an amount not to be less than $.50 per access line. For example, if a person had two separate phone lines to a private home for dial tone service, the monthly charge would be at least $1.00 per month on that customer's bill. F° The use fee is collected by the telecommunications local exchange carrier or carriers for each jurisdiction and remitted to the locality on a quarterly basis within two months of the end of each calendar quarter. Go Localities, including the Ci_ty of Roanoke, must now decide whether to enact an ordinance adopting the public rights-of-way use fee. If an ordinance imposing the new fee is not adopted, a locality will not be able to collect from certificated telecommunications service providers for their use for the rights-of-way within the locality since new franchise fees can no longer be charged to these telecommunications providers. However, if the use fee is not adopted, current franchise fees can be collected until the franchise expires. Ho Whether a locality adopts the public rights-of-way use fee or not, the telecommunications providers still need to obtain authority from the locality to use the rights-of-way and the locality is entitled to manage and control its rights-of-way in a nondiscriminatory manner. Current situation is: A° In accordance with the 1996 Federal Act, the City entered into Temporary Nonexclusive Revocable License Agreements with KMC Telecom of Virginia, Inc. (KMC) and American Communication Services of Virginia, Inc., now doing business as e.spire Communications, Inc.(ACSI). The Licenses granted each of them the right H:hMEASURES\report Honorable Mayor and Member of City Council Roanoke, Virginia March 1, 1999 Page 3 to use the City's rights-of-way for telecommunications purposes and deferred the issue of compensation until the General Assembly acted on those issues. ACSI has not elected to exercise its rights under the Temporary License Agreement to build its network in the City as of this date. KMC has exercised its rights under the Temporary License Agreement and is presently operating its network in Roanoke and the surrounding area. Both of these agreements have been extended pending adoption of a final telecommunications ordinance by the City. Bo Bell Atlantic - Virginia, Inc., is the successor to The Chesapeake and Potomac Telephone Company of Virginia, which had a thirty year telecommunications franchise with the City that has now been extended by mutual agreement of the parties on a month-to-month basis until a successor franchise is adopted and provided that either party may terminate the franchise upon reasonable notice to other party. Roanoke & Botetourt Telephone Company, now R&B Network, Inc. (R&B) currently has a franchise with the City that was entered into in October 1990 for a period of fifteen years for the use of certain portions of the City's rights-of-way. Cox Communications Roanoke, Inc., now CoxCom, Inc., has a cable television franchise with the City which is not affected by the rights-of-way use fee with regard to cable television franchise fees. However, Cox intends to also participate in the telecommunications business and this business could be subject to the public rights- of-way use fee depending on how that use is structured. The Cox franchise is for a term of twelve years and was entered into in May 1991. Eo If the public rights-of-way use fee is adopted by Council, it would take the place of franchise fees currently in effect for Bell Atlantic, R&B, and the portion of Cox's business that is related to telecommunications, but would not affect the cable television fee. The current estimate of fee collections and credits under the current franchise ordinances and agreements is approximately $72,000 per year. The estimated revenues that the City would realize under the public rights-of-way use fee are estimated to be at least $385,000 per year. The revenue for the first year would be as follows: Full Year Loss of Franchise Fee Sub-Total 75% (4th Quarter remitted within 2 months of closeout) 1 st year Rev. $385,000 -72,000 $313,000 -78,250 $234,750 If adopted by Council, the collection of the public rights-of-way use fee would be effective July 1, 1999. H:~VlEASURES\report Honorable Mayor and Member of City Council Roanoke, Virginia March 1, 1999 Page 4 Under the current statute, localities must notify the appropriate local exchange carriers for their jurisdictions on or before March 15 preceding the fiscal year in which they intend to impose the public rights-of-way use fee, if adopted. Thus, if the City of Roanoke wishes to adopt the public rights-of-way use fee for the fiscal year starting July 1, 1999, it must do so in sufficient time to allow the Clerk of the City to notify the appropriate telecommunications providers before March 15, 1999. Go Regardless of whether the City adopts the use fee, a final telecommunications regulatory ordinance will need to be enacted by the City to handle issues dealing with the use of the City's rights-of-way by the telecommunications providers that are now in or will be coming into the City. Such issues will involve provisions of insurance, maps, plans, and other issues dealing with the City's right to manage the City's rights-of-way. This will be developed in the next several months with input from the telecommunications carriers and presented to Council. Public rights-of-way use fee is currently being charged to all county residents throughout the state, with the exception of counties that control their own roads. Staffhas been advised that approximately 11 cities or towns, plus Arlington County, have adopted the public rights-of-way use fee. These include the Town of Blacksburg, City of Lynchburg, Town of Pearisburg, and the Town of Vinton. Staff has been advised that Newport News, Richmond, and Virginia Beach are currently considering adopting the public rights-of-way use fee. All surrounding counties including Roanoke, Botetourt, Franklin, Bedford and Montgomery are using this fee and their residents are paying at the rate of $.50 per phone line per month. III. Issues in Order of Importance: A. Compliance with Virginia Law. B. Revenues to Roanoke City. C. Cost impact on Roanoke residents and businesses. D. Use of Funds. IV. Alternatives in order of feasibility are: City Council adopt a public rights-of-way use fee as provided for by Virginia Code Section 56-468.1 for fees covered by that statute to be collected as of July 1, 1999, and authorize the City Clerk to notify the affected certificated providers of local exchange telephone service in the City of Roanoke before March 15, 1999, that the City has adopted such fee and that they are required to collect the fee pursuant to the statute and remit it to the City in accordance with the statute and that all other obligations or agreements among telecommunications providers and the City, except as to fees covered by the public rights-of-way use fee or other matters under the statute, shall remain in full force and effect. H:LMEASURES~report Honorable Mayor and Member of City Council Roanoke, Virginia March 1, 1999 Page 5 Compliance with Virginia law will not be an issue in that the new ordinance would be uniform and consistent with the state law. Net Revenues to Roanoke City in one year are estimated to be approximately $234,750. o Cost of impact on Roanoke City residents will be approximately $.50 per access telephone line per month for both private residents and businesses in the City that come within the applicable provisions §56-468.1. City, state and federal government lines will not be charged. Use of Funds - additional funding should be added to the paving account to help offset the additional costs associated with the diminished pavement life due to utility cuts. Bo City Council elect not to adopt the new public rights-of-way use fee provided for in §56-468.1 and continue collecting the current franchise fees under the current ordinances and agreements until they expire. Compliance with Virginia law could be an issue in that differences exist in the charges being levied by current franchise agreements with the various telecommunications companies and issues could be raised as to the continued validity of these differences and charges. o Revenues for Roanoke City will not change immediately and would continue at the estimated $72,000 annually until the franchise agreements expire or are terminated, at which time that revenue would be lost because no new fees could be charged under the current telecommunications legislation. o Cost impact on Roanoke Ci_ty residents would not change in the immediate future, but would change as the current franchise fees expire within the next few years. Use of funds would be a moot issue and additional paving would not be accomplished. Recommendation is as follows: Ao City Council adopt a public rights-of-way use fee as provided for by Virginia Code Section 56-468.1 for fees covered by that statute to be collected as of July 1, 1999, and authorize the City Clerk to notify the affected certificated providers of local exchange telephone service in the City of Roanoke before March 15, 1999, that the City has adopted such fee and that they are required to collect the fee pursuant to the statute and remit it to the City in accordance with the statute and that all other obligations or agreements among telecommunications providers and the City, except H:~IEASURESh-eport Honorable Mayor and Member of City Council Roanoke, Virginia March 1, 1999 Page 6 as to fees covered by the rights-of-way use fee or other matters under the statute, shall remain in full force and effect. Respectfully submitted, W. Robert Herbert City Manager Director of Finance WRH/GET/lsc cc: City Attorney City Clerk Director of Finance Director of Public Safety Director of Public Works Director of Utilities & Operations Manager, CIS Manager, Engineering Manager, Risk Management Chief, OBC H:~IEASURES\report Department of Finance City of Roanoke, Virginia March 1, 1999 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance January Financial Report This financial report covers the first seven months of the 1998-99 fiscal year. The following narrative discusses revenues and expenditures to date. REVENUE General Fund revenues reflect an increase of 7.71% or $4,935,000 compared to FY98. Variances in specific categories of revenues are as follows: General Property Taxes have increased 4.11% or $911,000 due to an increase in real estate taxes. Real estate taxes have grown 4.27%, slightly above the budgeted increase of 3.08%. The second installment of real estate taxes is due April 5, and personal property taxes are due May 31. Other Local Taxes are up 4.86% or $1,010,000. Sales tax rose $452,000, or 5.62%, in part due to a timing difference regarding the receipt of the June 1998 tax. Taking this into consideration, sales tax rose 3.75%. E911 taxes rose due to a rate increase of $.46, from $.99 to $1.45 per line per month. This increase became effective September 1, 1997 to help fund the regional radio project and the CAD system. Electric service utility taxes are up, and cable television franchise tax increased due to a timing difference. Revenue from Use of Money and Property decreased $129,000 or 19.40% due to a decline in interest revenue resulting from lower average daily cash balances in the General Fund. This decrease is partially offset by an increase in rental income resulting from timing differences. Grants-in-Aid Commonwealth are up $3,055,000 or 18.95%. Social service reimbursements from the Commonwealth have increased across the board. Due to welfare reform, the City now receives more funding designated for day care services. Reimbursement received under the Comprehensive Services Act rose due to an increase in the number of clients served and the high level of services provided. Miscellaneous Revenue decreased 18.06% or $21,000 due to a decline in proceeds from the sale of surplus property. Internal Services have increased $145,000 or 12.82% 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. This increase is partially offset by a decline in the fire safety billing which is the result of a timing difference. Honorable Mayor and Members Roanoke City Council March 1, 1999 Page 2 EXPENDITURES AND ENCUMBRANCES Expenditures and encumbrances in the General Fund have increased 7.02% or $6,766,000 since FY98. Variances in individual expenditure categories are discussed as follows: General Government expenditures increased 14.21% or $841,000. CIS charges to the Commissioner of the Revenue rose due to systems development related to the personal property tax relief act mandated by the state. CIS charges to the Department of Finance increased due to systems development related to the year 2000 compliant release of the accounting system. Expenditures of the Office of Billings and Collections are up due to the purchase of computer equipment and increased CIS charges relating to the new utility information system. Health and Welfare expenditures rose $1,985,000 or 18.23%. Due to welfare reform, the City now receives more funding designated for day care services. Day care services 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. Additionally, an increasing number of the City's CSA clients require intensive services which are more expensive. Parks, Recreation and Cultural expenditures are up 6.33% or $160,000 as a result of increased expenditures for personal services, CIS charges and fleet management charges and a decline in reimbursements received by the Recreation Department. CIS charges and personal services costs of the Library also increased. Community Development expenditures declined $174,000 or 10.22%. Personnel costs of the Community Planning and Youth and Family Services\Community Education departments decreased. Memberships and Affiliations expenditures declined due to a timing difference. Transfer to Debt Service is up $1,962,000 or 32.55%. 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. I would be pleased to answer any questions which City Council may have regarding the monthly financial statements. Attachments Director of Finance 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 C MT367 10/20/98 CMT156 11/09/98 CMT172 01/25/99 CITY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE JANUARY 31, 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 Balance Janaury 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 $379,244 (2,967) (14,806) (2,545) (350) (2,500) (10,000) (7,000) (7,425) (1,068) $330,583 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Year to Date for the Period Current Fiscal Year Percent of Revised Revenue July I - Jan 31 July I - Jan 31 Percentage Revenue Estimate Revenue Source 1997-98 1998-99 of Change Estimates Received General Property Taxes $22,136,909 $23,047,644 4.11% $67,678,685 34.05% Other Local Taxes 20,782,532 21,792,234 4.86 % 52,032,919 41.88% Permits, Fees and Licenses 411,781 413,747 0.48 % 698,800 59.21% Fines and Forfeitures 579,755 564,566 (2.62)% 1,035,000 54.55% Revenue from Use of Money and Property 666,680 537,363 (19.40) % 1,043,760 51.48% Grants-in-Aid Commonwealth 16,122,240 19,177,709 18.95 % 40,437,663 47.43% Grants-in-Aid Federal Government 16,984 17,130 0.86 % 34,260 50.00% Charges for Services 2,045,302 2,023,287 (1.08)% 3,271,270 61.85% Miscellaneous Revenue 117,728 96,471 (18.06) % 274,300 35.17% Internal Services 1,131,793 1,276,856 12.82 % 2,133,773 59.84% Total $64,011,704 $68,947,007 7.71% $168,640,430 40.88% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period July I - Jan 31 July I - Jan 31 Percentage Unencumbered Expenditures 1997-98 1998-99 of Change Balance General Government $5,915,016 $6,755,826 14.21% Judicial Administration 2,475,948 2,566,621 3.66 % Public Safety 21,929,050 22,968,436 4.74 % Public Works 15,185,612 15,521,375 2.21% Health and Welfare 10,886,658 12,871,459 18.23 % Parks, Recreation and Cultural 2,525,816 2,685,693 6.33 % Community Development 1,701,007 1,527,176 (10.22) % Transfer to Debt Service Fund 6,026,233 7,987,927 32.55 % Transfer to School Fund 23,892,975 24,410,767 2.17 % Nondepartmental 5,794,256 5,803,004 0.15 % Total $96~332,571 $103~098~284 7.02 % Current Fiscal Year Percent of Revised Budget Appropriations Obligated $4,638,761 $11,394,587 59.29% 1,918,574 4,485,195 57.22% 17,522,500 40,490,936 56.72% 9,010,533 24,531,908 63.27% 11,147,086 24,018,545 53.59% 1,706,973 4,392,666 61.14% 1,240,543 2,767,719 55.18% 2,754,699 10,742,626 74.36% 17,436,262 41,647,029 58.33% 2,001,375 7,804,379 74.36% $69,377~306 $172~475~590 59.78% 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 - Jan 31 July I - Jan 31 Percentage 1997-98 1998-99 of Change $3,835,955 $4,122,604 7.47 % 18,170,445 20,087,362 10.55 % 1,222,337 1,241,818 1.59 % 1,136,139 1,557,605 37.10 % 23,892,975 24,410,767 2.17 % 5,234,830 5,395,367 3.07 % $53,492,681 $56,815,523 6.21% Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received $8,269,520 49.85% 35,953,544 55.87% 2,924,162 42.47% 3,158,735 49.31% 41,847,029 58.33% 6,439,324 NA $98,592,314 57.63% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Current Fiscal Year July I - Jan 31 July I - Jan 31 Percentage Unencumbered Revised Expenditures 1997-98 1998-99 of Change Balance Appropriations Instruction $34,841,451 $36,629,787 5.13 % General Support 1,729,456 1,915,056 10.73 % Transportation 1,548,672 1,641,892 6.02 % Operation and Maintenance of Plant 5,229,265 4,979,676 (4.77) % Food Services 2,153,041 2,010,653 (6.61) % Facilities 1,981,030 1,335,476 (32.59) % Other Uses of Funds 3,571,114 4,039,928 13.13 % Special Purpose Grants 6,752,903 6,439,324 (4.64) % Total $57,806,932 $58,991,792 2.05 % $31,365,545 1,494,883 1,644,019 4,379,637 2,138,541 86,654 109,185 $41,218,464 $67,995,332 3,409,939 3,285,911 9,359,313 4,149,194 1,422,130 4,149,113 6,439,324 $100,210,256 Percent of Budget Obligated 53.87% 56.16% 49.97% 53.21% 48.46% 93.91% 97.37% N/A 58.87% 3 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF JANUARY 31, 1999 General Government Public Safety Community Development Recreation Streets and Bridges Sanitation Projects Traffic Engineering & Communications Other Infrastructure Projects Capital Improvement Reserve Total Expenditures Unexpended Outstanding Unobligated Budget To Date Balance Encumbrances Balance $17,563,030 $13,071,818 $4,491,212 $510,420 $3,980,792 1,998,195 187,584 1,810,611 12,495 1,798,116 1,081,000 427,812 653,188 612,063 41,125 2,532,645 862,355 1,670,290 152,024 1,518,266 23,278,447 15,678,901 7,599,546 5,416,419 2,183,127 1,245,994 868,926 377,068 67,461 309,607 2,428,764 2,129,860 298,904 85,410 213,494 22,430,864 9,875,155 12,555,709 5,942,831 6,612,878 11,493,874 11,493,874 11,493,874 $84,052,813 $43,102,411 $40,950,402 $12,799,123 $28,151,279 CITY OF ROANOKE, VIRGINIA SCHOOL CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF JANUARY 31, 1999 Education Capital Improvement Reserve Total Budget $26,043,815 (12,109,420) $13,934,395 Expenditures Unexpended Outstanding Unobligated To Date Balance Encumbrances Balance $20,721,135 $5,322,680 $4,896,625 (12,109,420) $20,721,135 ($6,786,740) $4,896,625 $426,055 (12,109,420) ($11,683,365) 4 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND COMPARATIVE STATEMENT OF REVENUES FOR THE 7 MONTHS ENDING JANUARY 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 Second Street and Gainsboro Total Intergovernmental Revenue Revenue from Third Parties: First Union Penalty Payment Miscellaneous Total Revenue from Third Parties Transfers from Other Funds Total FY 1999 $707,300 410,758 1,118,058 18,822 3,141 4,320 109,150 135,433 6,000 6,000 3,150,885 $4,410,376 FY 1998 $783,077 307,410 1,090,487 870,185 145,084 1,015,269 63,600 17,773 81,373 15,188,346 $17,375,475 CITY OF ROANOKE, VIRGINIA SCHOOL CAPITAL PROJECTS FUND COMPARATIVE STATEMENT OF REVENUES FOR THE 7 MONTHS ENDING JANUARY 31, 1999 Interest Revenue: Interest on Idle Working Capital Total 1999 ($59,525) ($59,525) 1998 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 7 MONTHS ENDING JANUARY 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 Capital Projects Fund Net Nonoperating Expenses Net Income FY 1999 $1,879,680 1,775,666 141,860 13,103 1,017,248 13,888 57,600 4,010 210,730 5,113,785 839,227 1,964,453 824,769 3,628,449 1,485,336 187,801 26,429 15,813 325,000 (569) (776,140) (221,666) $1,263~670 FY 1998 $1,812,604 1,700,230 132,337 14,108 843,916 1,309 343,330 4,847,834 791,634 1,965,169 818,602 3,575,405 1,272,429 187,077 11,841 22,509 (853,501) (233,446) (865,520) $406,909 6 CITY OF ROANOKE, VIRGINIA SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 7 MONTHS ENDING JANUARY 31, 1999 Operating Revenues Sewage Charges - City Sewage Charges - Roanoke County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services Interfund Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Interest on Investments Miscellaneous Revenue Transfer to Capital Projects Fund Loss on Disposal of Fixed Assets Net Nonoperating Revenues Net Income FY 1999 $4,404,409 472,232 75,439 297,672 60,733 70,936 65,165 5,446,586 1,013,044 3,213,283 572,264 4,798,591 647,995 405,285 12,695 ~,382) 413,598 $1,061,593 FY 1998 $4,194,506 473,732 97,627 298,843 57,223 121,738 30,678 5,274,347 968,016 2,897,836 566,065 4,431,917 842,430 328,182 11,368 (37,071) 302,479 $1,144,909 7 CITY OF ROANOKE, VIRGINIA CiViC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 7 MONTHS ENDING JANUARY 31, 1999 Operating Revenues Rentals Parking Fees Event Expenses Advertising 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 $297,899 98,019 86,455 3,010 66,749 1,560 8,560 120,678 28,278 10,537 721,745 635,061 720,219 232,786 1,588,066 (866,321) 858,771 42,643 (25,372) 1,121 877,163 $10,842 FY 1998 $238,601 95,333 74,556 4,948 66,547 134,851 34,321 649,157 569,277 639,696 233,965 1,442,938 (793,781) 1,037,162 28,122 6,167 1,071,451 $277,670 8 CITY OF ROANOKE, VIRGINIA TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE 7 MONTHS ENDING JANUARY 31, 1999 Operating Revenues Century Station Parking Garage Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Surface Parking Lots Total Operating Revenues Operating Expenses Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Interest on Investments Interest and Fiscal Charges Transfer from General Fund Operating Subsidy for GRTC Transfer to Capital Projects Fund Miscellaneous Net Nonoperating Revenues Net Income FY 1999 $174,537 239,193 105,008 239,247 162,362 35,374 955,721 352,840 318,258 671,098 284,623 6,070 (331,1 37) 1,214,506 (514,130) 2,947 378,256 $662,879 FY 1998 $143,986 237,883 99,067 219,867 147,808 56,353 904,964 467,040 317,999 785,039 119,925 3,509 (315,982) 1,097,773 (29,682) 1,499 757,117 $877,042 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 7 MONTHS ENDING JANUARY 31, 1999 Operating Revenues Conference Center Total Operating Revenues FY 1999 FY 1998 CONFERENCE COMMISSION (1) CENTER (2) TOTAL $ $ 1,588,807 $ 1,588,807 $ 1,674,809 1,588,807 1,588,807 1,674,809 Operating Expenses Commission Conference Center Total Operating Expenses 177,807 177,807 42,587 1,456,303 1,456,303 1,432,335 177,807 1,456,303 1,634,110 1,474,922 (177,807) 132,504 ~5,303) 199,887 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 87,500 - 87,500 131,250 87,500 - 87,500 131,250 - - 572 27,358 - 27,358 13,549 (12,706) (12,706) (9,033) Net Nonoperating Revenues (Expenses) 202,358 (12,706) 189,652 267,588 Net Income Before Depreciation 24,551 119,798 144,349 467,475 Depreciation Expense/Replacement Reserve 271,243 31,777 303,020 304,548 ($246,692) $88,021 ($158,671 ) $162,927 Net Income (Loss) Notes to Financial Statement: (1) The column entitled "Commission" represents Commission activity in the City's financial records. (2) The column entitled "Conference Center" represents actual revenue and expenses of the Conference Center, as provided by Doubletree Management. 10 CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUNDS COMPARATIVE INCOME STATEMENT FOR THE 7 MONTHS ENDING JANUARY 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 $2,411,037 $87,699 $74,089 $1,898,132 $2,277,123 $3,602,340 $10,350,420 $8,849,519 2,411,037 87,699 74,089 1,898,132 2,277,123 3,602,340 10,350,420 8,849,519 930,056 60,127 15,060 1,391,491 732,410 108,264 3,235,408 2,940,395 534,522 8,522 55,539 335,091 583,571 4,160,516 5,677,761 5,088,574 285,164 1,077 8,417 83,374 1,005,929 1,383,961 1,401,517 1,749,742 69,726 79,016 1,809,956 2,321,910 4,266,780 10,297,130 9,430,486 661,295 17,973 (4,927) 88,176 {44,787) (664,440) 53,290 (580,957) 110,883 (2,653) 6,832 43,988 23,037 294,851 476,938 479,716 276,713 220,829 88,953 250,000 559,782 1,300,836 (285,581) (9,938) (49,500) (59,438) 331,712 (2,953) 6,832 43,988 111,990 544,851 1,036,720 1,771,684 $993,007 $15,320 $1,905 $132,164 $67,203 ($119~689) $1,090,010 $1,190,717 11 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED JANUARY 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 JANUARY 31, 1999. BALANCE AT BALANCE AT BALANCE AT FUND DEC 31, 1998 RECEIPTS DISBURSEMENTS JAN 31, 1999 JAN 31, 1998 GENERAL ($9,234,547.01) $9,516,744.39 $2,724,546.64 ($2,442,349.26) ($9,471,728.60 WATER 6,472,416.29 13,987.10 160,714.14 6,325,689.25 5,946,917.28 SEWAGE 12,733,629.42 3,517,824.62 3,603,940.60 12,647,513.44 21,164,549.23 CiViC CENTER 1,650,362.35 190,673.08 186,622.55 1,654,412.88 1,037,464.80 TRANSPORTATION 748,747.63 139,807.61 65,345.43 823,209.81 845,747.62 CAPITAL PROJECTS 33,659,135.16 84,855.08 1,202,458.94 32,541,531.30 44,880,912.95 CONFERENCE CENTER 957,406.66 0.00 23,662.71 933,743.95 726,215.12 JUVENILE DETENTION 4,192,799.39 10,134.06 10,142.47 4,192,790.98 0.00 DEBT SERVICE 10,908,764.48 0.00 626,542.29 10,282,222.19 7,218,065.82 CITY INFORMATION SYSTEMS 4,133,234.80 3,558.22 86,099.64 4,050,693.38 2,395,109.76 i MATERIALS CONTROL (39,235.22) 0.00 116,369.17 (155,604.39) (77,258.53)t i MANAGEMENT SERVICES 244,552.45 0.00 17,966.00 226,586.45 253,247.02 UTILITY LINES SERVICES 1,887,331.44 0.00 42,542.17 1,844,789.27 1,759,834.58i FLEET MANAGEMENT 1,352,445.47 0.00 89,269.35 1,263,176.12 2,557,980.80 I PAYROLL (11,985,732.38) 1,079.67 10,917,473.70 (22,902,126.41 ) (9,570,931.86)1 RISK MANAGEMENT 10,274,302.70 14,619.57 433,662.17 9,855,260.10 10,288,437.15! HIGHER EDUCATION AUTH 5,464,651.51 0.00 132,636.88 5,352,014.63 0.00~ PENSION 2,123,790.64 251,350.91 14,173.76 2,360,967.69 (168,868.241 SCHOOL FUND 11,299,212.56 5,539,619.43 2,201,696.28 14,637,135.71 10,970,891.30~ SCHOOL CAPITAL PROJECTS (2,766,310.05) 1,611,616.48 1,723,787.92 (2,878,481.49) 0.001 FDETC 136,138.60 5,402.57 49,501.71 92,039.46 118,919.55: GRANT 1,498,748.26 195,035.85 216,447.42 1,477,336.69 418,566.66 TOTAL $85,731~845.05 $21 ?_96,_308.64 $24,645,601.94 $82,182,551.75 $91,294,072.41; CERTIFICATE 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 JANUARY 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 VIRGINIA AIM PROGRAM (U. S. SECURITIES) TOTAL $6,666.50 30,883.70 10,664,000.00 7,969,096.66 9,984,300.00 7,035,696.94 23,000,000.00 4,210,134.06 19,281,773.89 $82~182,551~7~5 DATE: FEBRUARY 9, 1999 DAVID C. ANDERSON, TREASURER 12 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 7 MONTHS ENDING JANUARY 31, 1999 Revenue Contributions Investment Income Gain on Sale of Investments Bond Discount AmorlJzafion Total Revenue 1999 $2,921,082 4,815,606 5,992,041 14,528 $13,743,257 1998 $3,221,475 4,167,435 5,262,390 26,730 $12,678,030 Pension Payments Fees for Professional Services Bond Premium Amortization Active Service Death Benefits Administrative Expense City Supplement to Age 65 To~lExpenses Net Income $5,460,807 263,856 122,094 230,556 14,151 6,091,464 $7,651,793 $5,199,045 221,812 184,190 21,621 213,071 5,839,739 $6,838,291 13 CITY OF ROANOKE PENSION PLAN BALANCE SHEET JANUARY 31, 1999 Assets Cash Investments: (market value: Due from Other Funds Other Assets Total Assets 1999 $331,617,431 1998 $278,389,154) Liabilities and Fund Balance Liabilities: 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 1999 $1,379,316 233,958,840 11,643 18,000 $235,367,799 $823,535 2,436 825,971 226,890,035 7,651,793 234,541,828 $235,367,799 1998 ($163,850) 218,239,708 18,000 $218,093,858 $751,710 751,710 210,503,857 6,838,291 217,342,148 $218,093,858 14 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 1, 1999 File ~467 5.d.1. SANDRA H. EAKIN Deputy City Clerk The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: On June 30, 1999, the three year terms of Charles W. Day and Brian J. Wishneff as Trustees of the Roanoke City School Board will expire. Pursuant to Chapter 9, ~, of the Code of the City of Roanoke (1979), as amended, establishing a procedure for the election of School Board Trustees, Council must hold certain meetiPgs and take certain actions during the months of March, April and May to conform with the selection process. Therefore, the concurrence of Council in establishing the following dates is requested: (1) On Monday, March 15 at 6:00 p.m., Council will hold an informal meeting (reception) which will be open to the public with all candidates for school trustee in the Emergency Operations Center Conference Room, Room 159, Municipal Building. (2) On Monday, March 15 at 7:00 p.m., or as soon thereafter as the matter may be heard, Council as a Committee of the Whole, will review and consider all candidates for the position of school trustee. At such meeting, Council shall review all applications filed for the position and Council may elect to interview candidates for such positions. (3) On Monday, April 5 at 2:00 p.m., or as soon thereafter as the matter may be heard, Council will, by public vote, select from the field of candidates, those candidates to be accorded the formal interview and all other candidates will be eliminated from the school trustee selection process. The number of candidates to be granted the interview shall not exceed three times the number of positions available on the Roanoke City School Board, should there be so many candidates. H:~IFP~SCHOOL.WPD The Honorable Mayor and Members of the Roanoke City Council March 1, 1999 Page 2 (4) On Monday, April 19 at 7:00 p.m., or as soon thereafter as the matter may be heard, Council will hold a public headng to receive the views of citizens. (5) On Wednesday, April 21 at 6:00 p.m., Council will hold a meeting for the purpose of conducting a public interview of candidates for the position of school trustee. (6) On Monday, May 3 at 2:00 p.m., or as soon thereafter as the matter may be heard, Council will hold an election to fill the two vacancies for terms commencing July 1, 1999, and ending June 30, 2002. Your concurrence in the above dates will be appreciated in order that applicants may be advised of the proposed schedule. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io H:~FP~SCHOOL,WPD Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk March 2, 1999 File #60-237-468 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 34199-030199 approving and adopting the City of Roanoke Floodplain Management Acquisition Policy (Acquisition Policy or Program); authorizing the City Manager, or his designee, to execute the appropriate documents to implement this Policy; accepting certain federal and/or state grant or aid funds and authorizing the City Manager, or his designee, to execute any required documentation to accept funds; authorizing the fee simple acquisition of certain properties in conformance with the Acquisition Policy; authorizing the City Manager, or his designee, to fix a certain limit on the consideration to be offered by the City for such properties; and authorizing the City Manager, or his designee, to make future applications for federal and/or state aid for the Floodplain Management Acquisition Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 1, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations A:~VLAR1COR. WPD W. Robert Herbert March 2, 1999 Page 2 pc~ Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Diane S. Akers, Budget Administrator, Office of Management and Budget Dolores C. Daniels, Assistant to the City Manager for Community Relations Sarah E. Fitton, Engineering Coordinator Accountant, Contracts and Fixed Assets, Department of Finance A:~O~R. 1 COR.'W'PD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of March, 1999. No. 34199-030199. AN ORDINANCEapprovingandadoptingthe CiW ofRoanokeFloodplain Management Acquisition Policy (Acquisition Policy or Program); authorizing the City Manager or his designee to execute the appropriate documents to implement this Policy; accepting certain federal and/or state grant or aid funds and authorizing the City Manager or his designee to execute any required documentation to accept those funds; authorizing the fee simple acquisition of certain properties in conformance with the Acquisition Policy; authorizing the City Manager or his designee to fix a certain limit on the consideration to be offered by the City for such properties; authorizing the City Manager or his designee to make future applications for federal and/or state aid for the Floodplain Management Acquisition Program; and providing for an emergency. WHEREAS, the City of Roanoke has a number of structures and properties which are currently located in floodplain areas and would benefit from a Floodplain Management Acquisition Policy or Program; and WHEREAS, in December 1998, the City became a participant in the Federal Emergency Management Agency's (FEMA) new program entitled "Project Impact;" and WHEREAS, in December 1998, the City was notified that the City had been approved for a Regional Mitigation Grant Project that will provide for the purchase of certain structures within the City; and WHEREAS, it is likely that the City will be approved for future grants for flood mitigation purposes and it would be advantageous to have a Floodplain Management Acquisition Policy or Program in place under which all the floodplain management acquisitions may be handled. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. This Council approves and adopts the City of Roanoke Floodplain Acquisition Policy and Program dated February 16, 1999, as set forth in the attachment to the report of the Water Resources Committee to this Council dated March 1, 1999. 2. The City Manager, or his designee, is hereby authorized to execute any appropriate or necessary documents, in form approved by the City Attorney, to implement this Policy and Program. 3. The City hereby accepts the 1998 Regional Mitigation Grant Project Funds and the City Manager or the Assistant City Manager and the City Clerk are authorized to provide, execute and attest, respectively, any necessary documents required to accept and implement the 1998 Regional Mitigation Grant Project Funds referred to in the above report to this Council, and to provide any additional information or documents as may be required by state or federal agencies in connection with the City's acceptance of those grant funds. 4. The proper City officials are authorized to acquire for the City in accordance with the City of Roanoke Floodplain Management Acquisition Policy and Program the fee simple interests in property as identified in the Water Resources Committee report and attachments thereto dated March 1, 1999, and as set forth in the remainder of this paragraph. Council hereby approves the specific acquisition and purchase of all properties listed on Attachment 1 of that report and designated as properties 1 through 14 on that Attachment. Council further approves and authorizes the substitution, subject to FEMA approval, of properties listed on Attachment 1 as properties 15 through 18 in a flood depth priority order should any of the property owners 4 through 14 choose not to participate in the Acquisition Program. Council also approves and authorizes the purchase of the property listed on Attachment 1 as property 19, subject to a grant approval by FEMA and acceptance of the grant by the City. Such acquisition shall be for such consideration as deemed appropriate by the City Manager, subject to the monetary limit established by Paragraph 6 of this ordinance and subject to certain limitations and applicable statutory guidelines as are more specifically set forth in the report of the Water Resources Committee and attachments thereto to this Council dated March 1, 1999. Upon the acceptance of any offer and upon delivery to the City of a deed or option, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the respective consideration to the grantors of the interest conveyed. 5. Any structures that are subject to the City of Roanoke Floodplain Management Acquisition Policy or Program may be disposed of or moved by the owner or the City in accordance with the Acquisition Policy and Program and the proper City officials are authorized to take such action as is appropriate and necessary to implement that part of the Policy and Program. 6. The total amount of City funds to be expended for this particular aspect of the Acquisition Program as set forth in the Water Resources Committee report to this Council dated March 1, 1999, shall not exceed $150,000 without additional authorization by this Council. 7. In furtherance of the City of Roanoke Floodplain Acquisition Policy, the City Manager, or his designee, is authorized to provide and execute on behalf of the City any documents necessary or required in connection with the future applications for federal or state grant or aid funds that might be able to be used for the Acquisition Program; provided, however, that the acceptance of any such grant or aid funds will be subject to Council approval and to appropriate funding should any matching funds be required for .such grant or aid funds. 8. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE City Clerk Sandra H. Eakin Deputy City Clerk March 2, 1999 File #60-237-468 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34198-030199 amending and reordaining certain sections of the 1998-99 Capital Projects Fund Appropriations, providing for transfer of $150,000.00 from the 1996 bond proceeds account for the 1998 Regional Mitigation Grant Project to a new Capital Projects Account entitled "1998 Regional Mitigation Grant Project," !n connection with the Floodplain Management Acquisition Policy. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 1, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc~ W. Robert Herbert, City Manager Kit B. Kiser, Director, Utilities and Operations Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Diane S. Akers, Budget Administrator, Office of Management and Budget Dolores C. Daniels, Assistant to the City Manager for Community Relations Sarah E. Fitton, Engineering Coordinator Accountant, Contracts and Fixed Assets, Department of Finance A:'uMAR l COR. WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of March, 1999. No. 34198-030199. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDror~riations Other infrastructure 1998 Regional Mitigation Grant Project (1-3) ................... Capital Improvement Reserve $ Public Improvement Bonds - Series 1996 (4) ................... Revenue Due from State (5) ........................................ $ Due from Federal (6) ...................................... $ 23,191,844 760,980 11,343,874 2,644,959 1,854,692 1,203,942 1) Appropriated from Bond Funds 2) Appropriated from State Grants 3) Appropriated from Federal Grants 4) Storm Drains 5) Virginia Department of Emergency Services- 1998 Regional Mitigation Grant (008-056-9658-9001) (008-056-9658-9007) (008-056-9658-9002) (008-052-9701-9176) (008-1238) $ 150,000 37,500 573,480 (15o,ooo) 37,500 6) Federal Emergency Management Assistance - 1998 Regional Mitigation Grant (008-1239) $ 573,480 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. r.~March 1, 1999 Report No. 99-302 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Floodplain Management Acquisition Program - Property Acquisitions The attached staff report was considered by the Water Resources Committee at its regular meeting on February 16, 1999. The Committee recommends that Council take the following actions in accordance with conditions stated in the attached report: 1. Approve the attached Floodplain Management Acquisition Policy for use on all future floodplain acquisition programs. Authorize the City Manager to accept Federal and State grant or aid set forth in I(D) of the attached report and to provide and execute necessary documents in connection with such acceptance. Approve the purchase of all properties listed on Attachment 1 as 1 through 14. Approve the substitution, subject to FEMA approval, of properties listed on Attachment 1 as 15 through 18 in a flood-depth priority order should any of the property owners 4 through 14 choose not to participate. Approve the purchase of the property listed on Attachment 1 as 19, subject to grant approval by FEMA and acceptance by the City. All purchase prices for each property will be in accordance with the Acquisition Policy. Transfer $150,000 from the 1996 bond proceeds account for the 1998 Regional Mitigation Grant Project to a new Capital Projects Account to be established by the Honorable Mayor and City Council March 1, 1999 Page 2 Director of Finance entitled "1998 Regional Mitigation Grant Project." Appropriate FEMA grant funds of $573,480 and state grant funds of $37,500 to the same account and establish receivable accounts for the grant reimbursements. Linda F. Wyatt, Chairperson Water Resources Committee LFW:KBK:afm Attachment CC: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Diane S. Akers, Budget Administrator D. D. Daniels, Assistant to City Manager for Community Sarah Fitton, Engineering Coordinator Accountant, Contracts and Fixed Assets CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION Report No. 99-302 DATE: TO: FROM: THRU: SUBJECT: I. February 16, 1999 ~l~lembers, V~/ater Resources Committee ~itB. Kiser, Director, Utilities and Operations H W. Robert er~ert, Ulty Manager Floodplain Management Acquisition Program - Property Acquisitions Background on the subject in chronological order is as follows: The City of Roanoke has over 900 structures which are currently located in floodplain areas and subject to flooding hazards. The Roanoke Valley Regional Stormwater Management Plan, adopted into the City's comprehensive planning documents in March, 1998 identified over 390 structures which experience flooding depths of over three feet in a l O0-year storm. Many of these structures cannot be protected by drainage system improvements such as bridge replacements, detention basins or feasible channel improvement projects. The only feasible protection available to these citizens and their property would be to remove them from the floodplain. Bo The Federal Emergency Management Agency (FEMA) has begun several new programs to provide financial assistance to communities in their efforts to protect flood-prone properties. In November, 1996, the City of Roanoke became the first community in FEMA's Region III to receive a grant for the purchase of flood-prone properties (Garden City Project). Funding for the 3 Garden City Waiting-List properties referenced in Attachment 1 has already been approved and accepted and all that is needed is City approval to purchase these properties. On December 15, 1998, the City of Roanoke joined FEMA's new program entitled "Project Impact". Under this program, the City has committed to continue making efforts to reduce the impacts of future disasters. One of the City's primary disaster concerns has historically been flooding. In an effort to reduce the impact of future flooding on our citizens, two grant applications have been submitted to FEMA for the purchase of additional properties throughout the City of Roanoke. H:\USER\ENGGJR\WRC\98MITIG Members, Water Resources Committee FLOODPLAIN MANAGEMENT ACQUISITION PROGRAM February 16, 1999 Page 2 On December 18, 1998, the City was notified that one of the grants, the 1998 Regional Mitigation Grant Project, had been approved. This project approved the purchase and removal of eleven (11 ) of the City's most flood-prone homes at a total estimated cost of $743,480. Funding is available for this project in the following amounts: - Federal funding for property acquisition - Federal funding for administration - State funding for property acquisition - City funding for project - City funding for contingency (13%) Total $557,610 $ 15,87O $ 37,5OO ~ 132,5OO $ 17,500 9760,980 The second grant, the 1998 Floodplain Mitigation Assistance (FMA) Proiect for the purchase and removal of one house is anticipated to be approved shortly by FEMA. II. Current situation is as follows: As a "Project Impact" community, with many flood-prone structures, the City of Roanoke will likely continue to be eliqible for future FEMA mitigation grant proiects. The City has now completed its first mitigation grant project (Garden City) and has developed an Acquisition Policy which meets both FEMA's and the City's requirements. The attached Floodplain Management Acquisition Policy (Acquisition Policy) incorporates all modifications to date, and provides the City with a general floodplain purchase policy that can be used for all future mitigation acquisitions. Following are the highlights of this policy: This is a voluntary program. The City of Roanoke is not obligated to purchase any particular property and the property owners must voluntarily sell their properties. No powers of eminent domain can be used for this program. Market value appraisals will be performed for each property by an independent, licensed appraiser, selected by the City. This appraisal will form the basis for the purchase price. Appropriate environmental assessments will be performed on each property prior to purchase. All renters must be relocated in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA). All existing structures must be removed from the property following purchase and relocation of tenants. Removal of the H:\USER\ENGGJR\WRC\98MITIG Members, Water Resources Committee FLOODPLAIN MANAGEMENT ACQUISITION PROGRAM February 16, 1999 Page 3 structures will be accomplished by either demolition or by moving the structures in accordance with the Acquisition Policy. Once purchased, the properties must remain as public open space, and cannot be developed at any time in the future for other than approved uses. One new grant project (1998 Re.qional Miti.qation Grant Project) has been approved for funding by FEMA, another grant project is nearing approval (1998 Floodplain Mitigation Assistance Project), and future grant proiects appear to be likely. Approval of the attached Acquisition Policy would allow the City to move quickly on current and future purchase/relocation projects which would help the City's residents who are most vulnerable to flooding hazards. III. Issues in order of importance are as follows: A. Program schedules B. Funding IV. Alternatives in order of feasibility are as follows: Approve the attached Floodplain Management Acquisition Policy for use on all future floodplain acquisition programs. Authorize the City Manager to accept Federal and State grant or aid set forth in I(D) and to provide and execute necessary documents in connection with such acceptance. Approve the purchase of all properties listed on Attachment 1 as 1 throuqh 14. Approve the substitution, subject to FEMA approval, of properties listed on Attachment 1 as 15 through 18 in a flood-depth priority order should any of the property owners 4 through 14 choose not to participate. Approve the purchase of the property listed on Attachment I as 19, subject to grant approval by FEMA and acceptance by the City. All Purchase prices for each property will be in accordance with the Acquisition Policy. H:\USER\ENGGJR\WRC\98MITIG Members, Water Resources Committee FLOODPLAIN MANAGEMENT ACQUISITION PROGRAM February 16, 1999 Page 4 Program schedules will be maintained. Property owners who are currently waiting for relief from flood related damages could begin the acquisition process. A tentative project schedule could be targeted: · March1, 1999 - Acquisition Policy approved by City Council · March, 1999 - Title reports and appraisals preformed · April, 1999 - Begin presentation of Purchase Agreements to property owners It is estimated that completion of this Program for all included properties will require from 6 to 18 months. Funding for the 1998 Regional Mitigation Project is available from FEMA on a reimbursement basis for 75% of the actual costs up to $557,610 and administration costs up to $15,870 for a total FEMA funding of $573,480. Funding is available from the Commonwealth of Virginia in the amount of $37,500. Funding is available from the City of Roanoke in the amount of $150,000 in the 1996 bond proceeds account (008-052-9701-9176). This funding has been dedicated for minor storm drainage projects. Additional funding may be available from the state and will be applied to the project if approved by the state. Expenses will be submitted to the Virginia Department of Emergency Services (VDES) for reimbursement as work proceeds. Do not approve the attached Floodplain Management Acquisition Policy for use on all future floodplain acquisition programs and do not approve the purchase of the properties listed on Attachment 1. 1. Program schedule will be indefinitely delayed. 2. Funding from FEMA and the Commonwealth of Virginia will be lost. Committee's recommendation is that City Council concur in Alternative A, and take the following specific actions: Approve the attached Floodplain Management Acquisition Policy for use on all future floodplain acquisition programs. Authorize the City Manager to accept Federal and State grant or aid set forth in I(D) and to provide and execute necessary documents in connection with such acceptance. Approve the purchase of all properties listed on Attachment 1 as 1 throuqh 14. H:\USER\ENGGJR\WRC\98MITIG Members, Water Resources Committee FLOODPLAIN MANAGEMENT ACQUISITION PROGRAM February 16, 1999 Page 5 Report No. 99-302 Approve the substitution, subject to FEMA approval, of properties listed on Attachment 1 as 15 through 18 in a flood-depth priority order should any of the property owners 4 throuqh 14 choose not to participate. Approve the purchase of the property listed on Attachment 1 as 19, subject to grant approval by FEMA and acceptance by the City. All Purchase prices for each property will be in accordance with the Acquisition Policy. Transfer $150,000 from the 1996 bond proceeds account for the 1998 Re.qional Mitigation Grant Project to a new Capital Projects Account to be established by the Director of Finance entitled "1998 Regional Mitigation Grant Project." Appropriate FEMA grant funds of $573,480 and state grant funds of $37,500 to the same account and establish receivable accounts for the grant reimbursements. WRH/JGR Attachments: Attachment 1 - Acquisition Property List Floodplain Management Property Acquisition Policy C; City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Engineering Coordinator Accountant, Contracts and Fixed Assets Budget Administrator H:\USER\ENGGJR\WRC\98MITIG Attachment 1 To the Water Resources Committee Report No. 99-302 FLOODPLAIN MANAGEMENT ACQUISITION PROGRAM February 16, 1999 Acquisition Property List No. Address Quad. Tax Number Owner Garden City Property/Relocation Program - Waiting List Properties (FEMA Approved) 1. 2930 Garden City Blvd. SE 4260512 Thomas P. & Karen N. Jones 2. 2619 Bandy Road SE 4370502 Roberta B. Lax 3. 1321 Findlay Ave. SE 4260508 Harry L. & Carmen S. Beckner 1998 Roanoke Regional Mitigation Grant 4. //2 17th Street SE 4210201 5. 2524 Brook Street NE 3410605 6. 413 Clyde Street NE 3321213 7. 419 Clyde Street NE 3321212 8. 2237 & 2239 NE 3321501 Kermit Avenue 9. 2241 & 2243 NE 3321 502 Kermit Avenue 10. 2247 & 2249 NE 3321504 Kermit Avenue 11. 2308 Kermit Avenue NE 3321402 12. 1016 Syracuse Avenue NW 2130613 13. 2336 & 2338 NE 3321222 Vale Avenue 14. 1312 Varnell Avenue NE 3231804 Program (FEMA Approved) Nancy J. Eanes Billy R. & Joan K. Richards Teresa H. Carr Darren L. & Claudean G. Cook McGimsey Family Limited Partnership McGimsey Family Limited Partnership McGimsey Family Limited Partnership Paul H. & Edith C. Radford Henry E. & Ruby S. Waid Donald B. & Anita M. Jones Carl W. & Shirley A. Fink 1998 Roanoke Regional Mitigation Grant (Subject to FEMA 15. //1 17th Street SE 4210128 16. 2255 Dunkirk Avenue NE 3321105 17. 2240 Dunkirk Avenue NE 3320801 18. 2546 Brook Street NE 341061 I Program - Waiting List Properties Approval) Elbert P. Jennings Ray E. Lee Lisa J. Balkom Lesha C. Vanburn FMA 1998 Program (Subject to FEMA Approval) 19. 2528 Brook Street NE 3410606 Martha J. & James C. Lawson, Jr. H:\USER\ENGGJR\WINWORD\HMGP\98ATTACH.DOC CITY OF ROANOKE FLOODPLAIN MANAGEMENT ACQUISITION POLICY February 16, 1999 CITY OF ROANOKE, VIRGINIA 2/5/99 1 H:\USER\ENGGJR\WlNWORD\HMGP\BUYPOLCY.WPD CITY OF ROANOKE FLOODPLAIN MANAGEMENT ACQUISITION PROGRAM TABLE OF CONTENTS Pa.qe Program Summary 3 Floodplain Management Acquisition Policy 4 Request to Withdraw From Consideration 10 Request to be Placed on Waiting List 11 Purchase Agreement 12 Hazardous Material Property Survey 24 2/5/99 2 H:\USER\ENGGJR\WtNWORD\HMGP\BUYPOLCY.WPD CITY OF ROANOKE FLOODPLAIN MANAGEMENT ACQUISITION PROGRAM PROGRAM SUMMARY The purpose of the City of Roanoke's Floodplain Management Acquisition Program (acquisition program) is to reduce the number of structures located in the floodplain and subject to severe and repetitive flooding damages. Both state and federal governments support this approach to floodplain management and may provide matching grant funds for projects which are cost effective. The purchase of some floodplain properties is cost beneficial because it reduces the federal, state and local demands for disaster assistance in the event of future flooding. Also, in many cases, the cost of structural improvements (bridge replacements, channel improvements, regional detention, etc.) required to reduce flooding damage is significantly higher than the cost of purchasing the properties at risk and removing the occupants from the dangers of the flood-prone areas. The acquisition program applies to both residential and commercial properties. The governing agencies which may be involved in this acquisition program include: -Federal Emergency Management Agency (FEMA) -Virginia Department of Emergency Services (VDES) -City of Roanoke. Funding and requirements for the acquisition program varies depending on the type of grant program involved. The currently available grant programs are funded as follows: Hazard Mitigation Grant Program (HMGP) projects typically include 75% Federal funding with 25% matching funds from local and state sources. This Program is available to purchase any structure which meets FEMA's cost-benefit requirements. Floodplain Mitigation Assistance (FMA) projects typically include 75% Federal funding with 25% matching funds from local and state sources. This Program is available to purchase any structure which is in the National Flood Insurance Program (NFIP) and meets FEMA's cost-benefit requirements. The acquisition program is voluntary, meaning that the City of Roanoke is not obligated to purchase any particular property and the property owners must voluntarily sell their properties to the City. The City of Roanoke will not use the power of eminent domain for this particular program. Once purchased, the properties must be publicly maintained for conservation, recreation, or other suitable open space designation for perpetuity. No future federal disaster assistance will be available for the subject properties purchased under this program. This acquisition program is subject to the 75% funding from FEMA. Should this funding not be provided in whole or in part, the City may reduce the program in scope or terminate the program. 2/5/99 3 H:\USER\ENGGJR\WlNWORD\HMGP\BUYPOLCY.WPD CITY OF ROANOKE FLOODPLAIN MANAGEMENT ACQUISITION PROGRAM February 16, 1999 ACQUISITION POLICY Following are the procedures and polices for the acquisition program: Definitions FEMA: FIRM: FMA: NFIP: Post-flood: Pre-flood: Program: Regional Plan: SBA: URA: VDES: Federal Emergency Management Agency Federal Insurance Rate Maps Floodplain Mitigation Assistance National Flood Insurance Program Following a specific flooding event Prior to a specific flooding event Floodplain Management Acquisition Program Roanoke Valley Regional Stormwater Management Plan (as amended) Small Business Administration Uniform Relocation Assistance and Real Property Acquisition Policies Act Virginia Department of Emergency Services I. Priorities of the Acquisition Proqram (no specific order): Properties located in the regulatory floodplains of the City of Roanoke, as identified by the FIRM and Regional Plan maps. Properties with a history of severe and repetitive flooding damages. Properties with a potential for repetitive structural flooding depths of 3 feet or greater. Properties whose owners have indicated an interest in the voluntary sale of their property. II. Eli(~ibilitv Requirements: The following eligibility requirements will be used for this acquisition program: Garages or outbuildings must be located on the same property to be considered a part of the acquisition program property. Vacant lots can be purchased in the acquisition program when the property is contiguous to and assessed with the primary structure to be included in the acquisition program. 2/5/99 4 H:\USER\ENGGJR\WINWORD\HMGP\BUYPOLCY.WPD Do Fo The title must be clear of all liens and encumbrances before the City of Roanoke will take title to the property. The property owner will satisfy all liens prior to closing, or have the lien amount deducted from the purchase offer prior to the acquisition of the property and authorize the City to pay off all liens at the closing. All acquisition program applicants will sign a statement acknowledging that the acquisition program is voluntary. In addition, the City of Roanoke may, in its sole discretion, reject a property for acquisition based on the eligibility requirements, limitation of available grant funds, or for any other considerations. Current property owners will be responsible for the property taxes on the structure from the first of the year through the date of the closing on a pro-rated basis. Demolition costs and liability expenses for a flood damaged structure will be the responsibility of the City of Roanoke only after completion of the closing. The property owner remains solely responsible for the property and the structure, and the risk of all loss remains with the property owner until completion of the closing. The warranty deed on all purchased properties will include covenants to ensure that the properties must be publicly maintained for conservation, recreation, or other suitable open space designation for perpetuity. No future federal disaster assistance will be available for the subject properties purchased under this program. This acquisition program is subject to the 75% funding from FEMA. Should this funding not be provided in whole or in part, the City may reduce the program in scope or terminate the program. III. Market Value Determination: The following procedures will be used to establish fair market value of the structures to be purchased: A. (1) A licensed, independent appraiser, selected by the City, will conduct a pre- flood appraisal of the property, land, and structures to be purchased. Based on this appraisal, property owners will be offered the pre-flood fair market value less any duplication of benefits as defined in the following section. (2) If the property is being purchased as a part of a post-flood program, property owners will be afforded the opportunity to provide information to the appraiser regarding major pre-flood improvements to the property which can be documented. In the event that a structure(s) has already been demolished due to health and/or safety concerns, caused by flooding prior to the date of appraisal, the appraiser shall determine an appraisal price for the structure(s) based on the pre-flood market value for comparable structures in the area. 2/5/99 5 H:\USERXENGGJR\WINWORD\HMGP\BUYPOLCY,WPD Go In the event that the appraisal less duplication of benefits is a negative figure and the property owner still desires to sell the property in the acquisition program, the property owner will be offered the assessed value of the land only (not the structure) as determined by the pre-flood City of Roanoke assessment. However, the City of Roanoke will take fee simple ownership to both the structure and the land. For tracts of land over one (1) acre in size, the City of Roanoke will have the option to include only the land under and immediately around the structure (1 acre or less) to be agreed upon by the property owner and the City of Roanoke. The cost to survey and record the smaller parcel and necessary attorney's fees will be paid by the acquisition program. If the property owner purchased the property after a specific flooding event (Presidential disaster declaration), then the City of Roanoke will not offer the owner more than the post-flood fair market value. The property owner will not be offered pre-flood fair market value if they were not the property owner during the specific flooding event. In addition, any benefits the previous property owner received for repair of the property will not be deducted from the offer to purchase. Rental or lease-to-own properties will be addressed on a case-by-case basis depending on contract stipulations. The City of Roanoke reserves the right to modify any guideline in this acquisition policy to conform with state or federal regulations regarding acquisition funds. IV. Duplication of Benefits Background Federal regulations require that previous federal dollars related to structural home repair or replacement will be considered an offset (cash advance) toward the purchase price of the acquisition property. The offset amount must be deducted from the settlement offer, unless the property owner is able to produce documentation that the awards were reinvested into the flooded property. Review of the Duplication of Benefits is managed by FEMA. Process A review of each potential property for acquisition will be submitted to FEMA including the property address, homeowner's name, mailing address, phone number, social security number, NFIP policy and settlement information, Small Business Administration (SBA) or other federal loans, and any other applicable information regarding assistance received for the flooded property. An official duplication of benefits request will be submitted to FEMA on each property after the appraisal has been completed. Information on benefits received 2/5/99 6 H:\USER\ENGGJR\WINWORD\HMGP\BUYPOLCY.WPD will be provided by FEMA to the local community for the purpose of determining the purchase offer only. This information will be considered privileged information and will only be provided to the property owner and the grant administrator. This information will not voluntarily be provided to any other parties unless required by applicable laws or regulations. Types of Duplication of Benefits The following are the types of assistance that will be deducted from the fair market value above: National Flood Insurance Program (NFIP) Settlements - NFIP deductions will be researched and figured for any homeowners involved in the acquisition program that have received NFIP settlements for real property. The real property settlement is the only portion of an NFIP settlement that will be considered. Any settlement for contents will not be deducted from the purchase offer. If the homeowner has already made repairs as outlined in the Property Information section of the Program Worksheet, the amount verified by repair receipts will not be deducted. Funding from other federal, state or local agencies received specifically for structural repairs. If the homeowner has already made repairs as outlined in the Property Information section of the Program Worksheet, the amount verified by repair receipts will not be deducted. V. Replacement Requirements: In the event that the property owner obtained a post-flood Small Business Administration (SBA) loan to repair and/or replace a structure included in the program, any proceeds from the acquisition must first be applied to the SBA loan. there is a balance on the SBA loan, the balance will be transferred as a lien on the new property purchased by the property owner with the loan funds. Any properties involved in the acquisition that were rented a minimum of 90 days prior to City's presentation of the acquisition offer (Purchase Agreement), will require the property owner to follow the requirements of the URA. Renters will be offered relocation assistance. Rental relocation assistance will be figured as follows: the new monthly rental amount (comparable housing) plus average monthly utilities minus the old rental amount times 42 months OR $5,250.00, whichever is less. In the event that FEMA modifies the relocation policy for renters, the City of Roanoke reserves the right to modify this acquisition policy to reflect the national guidelines. Each property owner is responsible for any and all applicable taxes on any proceeds from this acquisition program If 2/5/99 7 H:\USER\ENGGJR\WINWORD\HMGP\BUYPOLCY.WPD VI. Sale and Moving of Houses Under this Program Any owner of a house in the acquisition program may either move their house or sell their house to someone who will move it prior to the City's closing on the property. The term house as used in this acquisition policy means only the structure(s) located on the real estate and not the real estate itself. The full appraisal (house and lot), less any duplication of benefits, will be offered for each property in the acquisition program regardless of whether the house is physically remaining on the lot or has been removed at the time of closing. In order for a property to remain eligible for the acquisition program, house moving must follow all of the requirements of this section and the policy as well as all permitting, licensing and other requirements of the City of Roanoke, and any applicable federal, state and local laws and regulations. Any house which is not moved by the owner or purchaser prior to the City's closing on the property will belong to the City of Roanoke and may, in the City's sole discretion, be demolished or sold by the City of Roanoke to be moved by others. Houses will be offered for sale through public bidding procedures for the sale of surplus property administered by the City's Supply Management Office. The City reserves the right to reject any or all bids, to waive any informality or irregularity in the bids received, and to accept a bid which is deemed to be in the best interest of the City. Houses must be moved to a location which is outside Zone AE (lO0-year floodplain) as defined by the current NFIP Flood Insurance Rate Map (FIRM). Prior to moving a house covered by the acquisition program, the owner or purchaser must obtain and present to the City written approval from the surrounding property owners of the new lot where the house is to be moved. Furthermore, if the house is sold by the City as set forth in B above, a sales contract for the sale of the house will not be executed under the acquisition program until the successful bidder has secured and presented to the City written approval from the surrounding property owners of the new lot where the house is to be moved. Surrounding properties are defined as all adjoining properties and all properties located immediately across any adjoining public right of way. The successful bidder will be given thirty (30) calendar days from the bid opening date to secure and present to the City the necessary signatures, or the bid will be deemed unresponsive. If the initial successful bidder is deemed unresponsive under this provision, then, in the City's sole discretion, any subsequent successful bidder may be allowed thirty (30) calendar days from the date of notification that it is the successful bidder to obtain the necessary signatures. Any house purchased under or covered by this acquisition program must be moved from its existing lot prior to closing on the property or, if sold by the City, within ninety (90) calendar days from the execution date of the sales contract. If a house is sold by the City and is not moved within the stipulated time, the purchase price, less a 20% administrative fee retained by the City, will be refunded to the bidder, ownership of the house will revert to the City of Roanoke, and the house may be resold or demolished in the City's sole discretion. 2/5~99 8 H:\USER\ENGGJR\WINWORD\HMGP\BUYPOLCY.WPD VII. Steps of Acquisition Process: The following is a brief outline of the steps of the acquisition process for property owners: A. City prepares analysis of flood-prone property. City contacts qualifying property owner to determine interest in voluntary sale of property (Property Owner Questionnaire). Property owner completes a Hazardous Material Property Survey and/or City preforms appropriate environmental site assessment. D. City agents preform fair-market appraisal and title search for property. E. FEMA determines duplication of benefits for property. Property owner is presented a Purchase Agreement based on the appraisal minus any duplication of benefits. Property owner is allowed a minimum of 90 days to consider the Purchase Agreement for sale of property. If acceptable, property owner returns signed Purchase Agreement to City. If unacceptable, property owner is removed from current Program. Property owner is allowed a minimum of 90 days to remove all belongings and terminate utility services prior to closing. This time period may be reduced or eliminated at the request of the property owner and upon agreement of the parties. Property owner may move their house or sell their house to someone who will move it prior to closing at the owner's sole cost. City prepares closing documents. Closing is held to transfer ownership of property to City, and funds are paid to owner. Ko City determines if it will sell house to others who will move it, or have house demolished. City secures property, preforms environmental assessment of structure and prepares contract specifications for demolition and asbestos abatement (if required). M. City administers demolition and asbestos abatement contract. N. City begins maintenance of the resulting open-space public property. VIII. Severability: If any provision of this acquisition program, or the application of any provision hereof to a particular entity or circumstance, shall be held to be invalid or unenforceable by a court or agency of competent jurisdiction, the remaining provisions of the acquisition program shall not be affected and all other terms and conditions of the acquisition program shall be valid and enforceable to the fullest extent permitted by law. 2/5/99 9 H:\USER\ENGGJR\WINWORD\HMGP\BUYPOLCY.WPD CITY OF ROANOKE FLOODPLAIN MANAGEMENT PROPERTY ACQUISITION PROGRAM Request to Withdraw from Consideration I/we, (property owner[s] names) hereby certify that I/we are the rightful owners to the following property (address of f/ooded property): Tax Parcel Number: I/we have been provided and reviewed a copy of the City of Roanoke Floodplain Management Acquisition Policy. I/we hereby wish to notify the City of Roanoke of our desire to remove our property from consideration the Floodplain Management Property Acquisition Program. I/we hereby acknowledge that by signature of this form the above property will not be appraised, and that I/we will not be given the opportunity to sell the above property to the City of Roanoke to be purchased under this Program. I/we conclude that by signing, I/we forfeit all of our rights of opportunity for consideration for the current Floodplain Management Property Acquisition Program. Property Owner(s) *: Signature Print Full Name Date Signature Print Full Name Date *All property owners listed on the warranty deed to the property must sign this form. In the event that there are questions regarding the withdrawal from consideration for acquisition, the following is an address and phone number at which the above property owners may be reached: Address: Daytime Phone: ( ) Evening Phone: ( ) 2~5~99 1 o H:\USER\ENGGJR\WINWORD\HMGP\BUYPOLCY.WPD CITY OF ROANOKE FLOODPLAIN MANAGEMENT PROPERTY ACQUISITION PROGRAM Request to be Placed on Waiting List (list of all property owners listed on the warranty deec~ hereby certify that we are the rightful property owners to the following property (address of flooded property): Tax Parcel Number: I/we have been provided and reviewed a copy of the City of Roanoke Floodplain Management Acquisition Policy. I/we hereby request to be placed on a waiting list for future consideration of purchase through the Floodplain Management Property Acquisition Program. I/we understand that in the event of additional funding, and subject to all eligibility requirements being met, my/our property will be considered for future acquisition, in an order of priority which is based on the potential lO0-year flood depth. I/we also understand that the acquisition remains voluntary and that by signing this form, I/we have only expressed a request to be considered for future purchase in the acquisition program, and that I/we can withdraw this request at any time prior to signing a Purchase Agreement. I/we also understand that a future or expanded acquisition program may not be funded, in which case, my property would not be eligible for purchase. Property Owner(s)*: Signature Print Full Name Date Signature Print Full Name Date Signature Print Full Name Date *All property owners listed on the warranty deed to the property must sign this form. 2/5/99 1 1 H:\USER\ENGGJ R\WINWORD\HMGP\BUYPOLCY.WPD CITY OF ROANOKE FLOODPLAIN MANAGEMENT ACQUISITION PROGRAM PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement is made and entered into by and between the City of Roanoke, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia ("City"), acting pursuant to its municipal powers in administering a Floodplain Management Acquisition Program, and ("Seller") and dated this ~ day of , , for identification purposes only. WHEREAS, Seller is the fee simple owner of land and all improvements thereon and appurtenances added thereto located in the City of Roanoke, Virginia, commonly known as , more particularly described as , and identified by Official Tax Map Number (the "Property"). In consideration of the covenants and obligations herein, the parties agree as follows: Purchase Price. The City agrees to purchase all the Seller's right, title and interest in the Property for Dollars ($ ) (the "Purchase Price"), payable on the date as the parties may mutually agree (the "Closing Date"), but in no event later than two years from the date the City executes this Agreement; which sum shall be reduced by any amounts paid by the City on behalf of the Seller for the purposes set forth in paragraph 9A and shall be reduced by any amounts for required deductions set forth in paragraph 9B. The Seller shall receive no other compensation from the City for the Seller's right, title and interest in the Property. Marketability of Title. It is understood and agreed that the Property shall be conveyed with good, clear, marketable title subject to the following exceptions (hereinafter the "Permitted Exceptions"): (1) any covenants, restrictions, reservations, and easements of record prior to Seller's execution of the Agreement; and (2) all applicable zoning and building laws, regulations and ordinances. Deed. On or before the Closing Date, the City shall have completed its obligations under paragraph 4, and Seller shall have completed its obligations under paragraph 8, and the Seller shall execute and deliver to the City a good and sufficient General Warranty Deed with English covenants of title, prepared at City's expense, for the Property, in recordable form (i.e., signed and acknowledged), conveying fee simple title to the Property to the City, subject only to the Permitted Exceptions. Evidence of Title. Prior to the Closing Date, the City shall have the title to the Property examined. The cost of the title examination shall be borne by the City. Possession. On and after the Closing Date, the City shall be entitled to immediate possession of the Property. Failure of Seller to deliver possession to the City, free from the interest of any tenant or other parties, on the date of closing, shall constitute a breach of this Agreement. In the event of such a breach, the City, at its option, may 2/5/99 1 2 H:\USER\ENGGJR\WINWORD\HMG P\BUYPOLCY.WPD terminate this Agreement or postpone closing until satisfied that Seller can transfer possession to the City. Inspection of the Property. The City, at its expense, shall have the right to conduct such investigations, inspections and inventories of the Property as it deems reasonable or necessary prior to the Closing Date. The Seller hereby grants the City, its officers, agents, employees and independent contractors, the right to enter upon the Property at reasonable times upon reasonable notice, oral or written, from time to time after the date of this Agreement for the purposes of investigating, inspecting and performing inventories of the Property and for other purposes consistent with City's interest under this Agreement. The making of such investigations, inspections and inventories by the City, regardless of the outcome thereof, shall not affect the Seller's representations or warranties set forth in this Agreement. Removal of Personal Property. Prior to the Closing Date, Seller, at its own expense, shall remove all personal property. Prior to the Closing Date, Seller shall execute and deliver to the City the Certificate of Personal Property Removal and Termination of Utility Service, attached as Exhibit "A." Prior to the Closing Date, the Seller, at its own expense, may remove fixtures from the Property, provided such removal will not impact the structural integrity of any improvements on the Property. In the event Seller fails to remove any personal property, excluding fixtures, from the Property prior to the Closing Date, the City may use a portion of the Purchase Price to satisfy the Seller's obligations under this paragraph. No Holdover Period for Occupants. The Seller shall ensure that they and all other current occupants vacate the Property prior to the Closing Date. If such vacation does not occur, the City, at its option, may terminate this Agreement or reschedule the date of closing. 9. Application of Purchase Price and Deductions for Flood Assistance Received. Prior to disbursing payment to the Seller, the City may use a portion of the Purchase Price to satisfy the Seller's obligations under this document to remove personal property and to pay taxes, assessments, liens, acquisition of other parties' outstanding interests in the Property, recording fees and other costs incidental to the conveyance by the Seller of merchantable title and exclusive possession to the City. If the Seller's property is subject to the right of third parties in possession on the date of closing, the City may postpone closing until satisfied that Seller can transfer possession to the City. The Seller acknowledges that this voluntary acquisition is made pursuant to a program funded by the Federal Emergency Management Agency (FEMA). In order to prevent the duplication of federal assistance made to flood disaster victims, FEMA requires that certain types of assistance received by the Seller for flood related damage be deducted from the Purchase Price. Pursuant to FEMA requirements, the following shall be deducted from the Purchase Price: An amount equal to all FEMA Individuals and Family Grant (IFG) Program assistance received by the Seller. 2/5/99 1 3 H:\USER\ENGGJR\WINWORD\HMGP~BUYPOLCY.WPD 10. 11. 12. 13. 14. An amount equal to all net flood insurance proceeds received by the Seller. In addition, pursuant to FEMA requirements, the following shall be deducted from the Seller's net proceeds in the Purchase Price (after deductions are made as set forth above for IFG program assistance and flood insurance proceeds received by the Seller and after payments are made by the Seller for satisfaction of all liens, encumbrances, taxes, assessments and other costs incidental to the conveyance): An amount equal to the outstanding balance on all Small Business Administration (SBA) real estate repair and replacement disaster loans received by the Seller, and any and all other SBA loans which are secured by the property. Following execution of this Agreement, the Seller shall provide all information requested by the City relating to FEMA, flood insurance, and SBA assistance received by the Seller for flood related damage. At the same time this Agreement is executed and delivered to the City, the Seller shall execute and deliver to the City the "Property Owner Questionnaire" attached as Exhibit "B." At the closing, the City shall prepare and deliver to the Seller a document setting forth the deductions from the Purchase Price required to be made. Proceeds Payable to Seller. After making deductions from the Purchase Price to discharge the obligations of Seller, as described in paragraph 9 above, the City will deliver to Seller a check for the remaining purchase price owing Seller, and the check shall be payable to Seller as their interests appear on the date of closing. Risk of Loss. All risk of loss or damages to the Property shall remain on the Seller until closing. The City assumes no duty to insure the Property, for any loss or liability, until after closing. If there is any material change in the Property other than the removal of fixtures as contemplated by paragraph 7 above, or the removal of the house as contemplated by § VI A, C, D, & E of the City of Roanoke Floodplain Management Acquisition Policy, the City shall have the option of terminating this Agreement. Utilities. The Seller shall be responsible for payment of all utility expenses incurred by it or incurred by any other occupants, prior to the date of possession by the City. Seller shall ensure that service by all utility companies, including but not limited to the City, has been terminated on or before the date of closing. Prior to the Closing, Seller shall execute and deliver to the City the Certificate of Personal Property Removal and Termination of Utility Service attached as Exhibit "A." Taxes. The Seller shall pay in full all federal, state, and municipal taxes, general or special, which are a lien on the Property. Taxes for the current fiscal year (July 1 to June 30), shall be prorated as of the Closing Date. In order to avoid any late payment penalty or interest, Seller must pay all taxes when due. Time is of the Essence. Time is of the essence in this Agreement. 2~5~99 14 H:\USER\ENGGJR\WINWORD\HMGP\BUYPOLCY.WPD 15. 16. 17. Leases. The Seller represents and warrants to the City that there will be no leases, tenancies or other rights of occupancy for use of any portion of the Property as of the Closing Date. The Seller shall hold harmless and indemnify the City from and against any claims which may arise or be based upon any alleged leasehold interest, tenancy or other right of occupancy or use of any portion of the Property. The foregoing representation, warranty, hold harmless and indemnity provision shall survive the Closing Date. Approval of Court. If the Property is an asset of any estate, trust or guardianship, this Agreement shall be subject to court approval prior to payment of the Purchase Price, unless declared unnecessary by the City Attorney. If court approval is necessary, the appropriate fiduciary shall promptly and diligently proceed to bring the matter up for a hearing to enable the issuance of such approval. Environmental. Environmental Representations and Warranties. For purposes of this Agreement, the terms "hazardous waste" or "hazardous substance" shall include every material, waste, contaminant, chemical, toxic pollutant or other substance listed or described in any of the following sources, as amended from time to time: (I) the Resource Conservation and Recovery Act of 1976, codified at 42 U.S.C. Sections 6901, et seq. (RCRA); (ii) the Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA), as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA), codified at 42 U.S.C. Sections 9601, et seq.; (iii) the Federal Environmental Protection Agency Regulations at 40 C.F.R. Parts 122-124 and 260-265; (iv) any other federal, state or local statute or ordinance which defines "hazardous waste" or "hazardous substance," or similar terms, and which could create liability for the City or the City's successors in interest; and (v) any federal, state or local regulations, rules or orders issued or promulgated under or pursuant to any of the foregoing or otherwise by any department, agency or other administrative, regulatory or judicial body having jurisdiction over the Property (hereinafter collectively referred to as "Environmental Laws"). Without limiting the foregoing, the terms "hazardous waste" and "hazardous substance" shall also include all substances or materials containing asbestos, PCBs, hydrocarbons, or lead. The Seller hereby represents and warrants to the City that: (1) There are no abandoned wells, agricultural drainage wells, solid waste disposal areas or underground storage tanks located in, on or about the Property. (2) There is and has been no hazardous waste stored, generated, treated, transported, installed, dumped, handled or placed in, on or about the Property, and there have been no claims made of any such activities or actions. 2/5/99 15 H:\USER\ENGGJR\WINWORD\HMG P\BUYPOLCY.WPD (3) At no time have any federal or state hazardous waste cleanup funds been expended with respect to any of the Property. (4) There has never been any solid waste disposal site or underground storage tank located in, on or about the Property, nor has there been any release from any underground storage tank on real property contiguous to the Property which has resulted in any hazardous substance coming in contact with the Property. (5) The Seller has not received any directive, citation, notice, letter or other communication, whether written or oral, from the U. S. Environmental Protection Agency, the Virginia Department of Environmental Quality, any other governmental agency with authority under any Environmental Laws, or any other person or entity regarding the release, disposal, discharge or presence of any hazardous waste on the Property, or any violation of any Environmental Laws; and (6) To the best of Seller's knowledge, neither the Property nor any real property contiguous to the Property nor any predecessors in title to the Property are in violation of or subject to any existing, pending or threatened investigation or inquiry by any governmental authority or to any removal or remedial obligations under any Environmental Laws. (7) The information contained in Exhibit "C" (Hazardous Materials Property Survey) which is made a part hereof, is true and correct. The foregoing representations and warranties and the Environmental Indemnifications set forth in the following subparagraph C shall survive the Closing Date. In addition, the foregoing representations and warranties and the indemnification provisions in this Agreement shall not be affected by any study, investigation or inspection of the Property by the City or the City's agents. Additional Environmental Provisions. The Seller shall not store, generate, treat, transport, install, dump, handle or place in, on or about any portion of the Property any hazardous waste or hazardous substance. If the Seller receives any notice from any governmental authority or any other party regarding the release or presence of any hazardous waste or hazardous substance on any portion of the Property, or otherwise learns of any release or presence of any hazardous waste on any portion of the Property, the Seller shall immediately notify the City of such fact. In addition, the City or its agents shall have the right to enter upon the Property at any time to perform additional environmental studies. If at any time the City, in its sole and irrevocable discretion, determines that hazardous wastes or hazardous substances are or may be present on any portion of the Property, the City may immediately terminate this Agreement. The making of such studies, regardless of the outcome thereof, shall not affect the Seller's representations or warranties set forth above. 2~5~99 16 H:\USER\ENGGJR\WINWORD\HMGP\BUYPOLCY,WPD 18. Environmental Indemnification. The Seller agrees to indemnify and hold harmless the City from and against any and all claims, demands, fines, penalties, causes of action, losses, damages, liabilities, expenses, and costs (including court costs and reasonable attorney's fees - which may include the value of services provided by the City Attorney - incurred by the City to enforce this provision) asserted against or incurred by the City by reason of or arising out of the breach of any obligation, representation or warranty of the Seller set forth in this Agreement. Contract Binding on Successors in Interest. This document shall apply to and bind the heirs, executors, administrators, partners, assigns and successors in interest of the respective parties. 19. 20. 21. 22. 23. 24. Intention of Use of Words and Phrases. Words and phrases contained herein, including the acknowledgment clause, shall be construed as in the singular and plural number, and as masculine, feminine or neuter gender, according to the context. Para_~raDh Headings. The paragraph headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this document. No Brokers. Seller warrants and represents that his sole contact with the City regarding this transaction has been directly between himself and the City's employees. Seller warrants and represents that no person or entity can properly claim a right to a commission, finder's fee, or other compensation based upon contracts or understandings between such claimant and Seller with respect to the transaction contemplated by this Agreement. Seller agrees to indemnify the City and to hold it harmless from any claim, loss, cost, or expense, including, without limitation, attorneys' fees resulting from any claim for a commission, finder's fee, or other compensation by any person or entity based upon such contacts or understandings. Voluntary Acquisition. The Seller, as holder of all right, title and interest in the Property, is aware of and acknowledges that the Seller's execution of this Agreement is a purely voluntary transaction and the Seller is under no duress nor subject to any coercive action by the City to enter into this Agreement or otherwise sell the Property, and that if the Seller enters into this Agreement, it will be necessary to move permanently from the Property prior to closing. Law of Virginia. The Agreement shall be construed according to the laws of the Commonwealth of Virginia. Upon execution of this Agreement, the Seller shall comply with all local, state, and federal laws and regulation related to the performance of the Agreement to the extent that the same may be applicable. Entire Agreement. The entire agreement between the Seller and the City shall consist of this document. 2/5/99 1 7 H:\USER\ENGGJ R\WlNWORD\HMG P\BUYPOLCY.WPD 25. 26. 27. Exhibits. Exhibit "A" (Certificate of Removal of Personal Property and Termination of Utility Service), Exhibit "B" (Property Owner Questionnaire) and Exhibit "C" (Hazardous Materials Property Survey) are attached hereto and by this reference made a part hereof. Cooperation. Seller agrees to cooperate with the City in the completion of this Agreement and to furnish any documents and information reasonably required by the City or by this Agreement in a timely manner. Acceptance. By executing this Agreement and presenting it to the City, the Seller agrees not to withdraw its offer to sell upon the terms outlined in this Agreement or to take any other action affecting the title of the Property until this Agreement has been considered and either accepted by the City's execution of this Agreement or rejected by a letter from the City. (Seller) (SEAL) (Seller) COMMONWEALTH OF VIRGINIA § § CITY/COUNTY OF § The foregoing instrument was acknowledged before me this __ day of __, by and (husband and wife). My Commission expires: (SEAL) [ SEAL ] Notary Public 2~5~99 18 H:\USER\ENGGJR\WINWORD\HMG P\BUYPOLCY.WPD ATTEST: CITY OF ROANOKE, VIRGINIA Mary F. Parker, City Clerk By. City Manager COMMONWEALTH OF VIRGINIA § § CITY OF ROANOKE § The foregoing instrument was acknowledged before me this __ day of __, by , City Manager, for and on behalf of the City of Roanoke. My Commission expires: [ SEAL ] Notary Public Appropriation and Funds Required for this Agreement Certified: Director of Finance Account No: Approved as to Form: Assistant City Attorney Approved as to Execution: Assistant City Attorney 2/5/99 1 9 H:\USER\ENGGJ R\WINWORD\HMGP\BUYPOLCY.WPD Exhibit A CITY OF ROANOKE FLOODPLAIN MANAGEMENT ACQUISITION PROGRAM Certificate of Persona/Property Removal and Termination of Utility Service 1. I/we, am/are the owner(s) of the property identified by the following address: o Tax Parcel Number(s):. On , , I/we entered into a Purchase Agreement with the City of Roanoke for the above-referenced property(ies) under the Floodplain Management Acquisition Program. I/we have removed all personal property from the above-referenced properties including all personal property, mechanical equipment and salvage materials as of the date indicated below with my signature. I/we will make no further claims for any personal property, mechanical equipment, or salvage materials remaining in the structure or on the parcel(s) referenced above as of the date indicated below with my signature. I/we understand that failure to remove all debris not connected to or a part of the remaining structure, may forfeit that portion of the Purchase Price required to remove and properly dispose of said debris from this property. I/we have had all utility services to the Property terminated as of the date indicated below with my signature. Property Owner(s): Signature Printed Name Date Signature Printed Name Date Signature Printed Name Date 2~5~99 20 H:\USER\ENGGJR\WINWORD\HMGP\BUYPOLCY.WPD Exhibit B CITY OF ROANOKE FLOODPLAIN MANAGEMENT PROPERTY ACQUISITION PROGRAm? Pro_oertv Owner Questionnaire Date: Name: Social Security No. Telephone: Day: Evening: Name: Social Security No. Telephone: Day: Evening: Address of flooded property: Tax Parcel Number: Mailing Address: Lien Information Do you have a mortgage? Yes/No If yes, the following information is needed to allow payoff of loan at closing. Mortgage company name: Mortgage account number: Are there any liens against the property? Yes/No Name of lien holder: Name of lien holder: Name of lien holder: Phone #: If yes, list the liens against the property: 2/5199 21 H:\USER\ENGGJR\WINWORD\HMGP\BUYPOLCY.WPD National Flood Insurance Pro.qram (NFIP) Information Is the structure covered by flood insurance? If yes, policy number: Agent's Name: Yes/No Date policy started: Telephone: Have you made any repairs to your property from flood damage? Yes/No Please describe any repairs made: Have you applied for or received any NFIP settlements for your property? Yes/No Amount of NFIP settlements applied for or received: $ Other Federal and Non-Federal Assistance Please indicate any other assistance that you have applied for or received. Where applicable, indicate the amount received. (Check boxes as appropriate) Emergency Minimal Repair (EMR) Grant Applied Received Individual & Family Grant (IFG) EMR Rollover [~ IFG Home Replacement IFG Hazard Minimization Small Business Administration (SBA) Loan Other: E~ Amount Occupancy Information What is the current occupancy status of the structure: (circle one) Owner Occupied Renter Occupied Vacant Secondary Dwelling (vacation home) Other: 2/5/99 2 2 H:\USER\ENGGJR\WINWORD\HMGP\BUYPOLCY.WPD If the property is currently renter occupied, provide the following information regarding the tenant(s)*' Name: Address: Phone: ( ) Name: Address: Phone: ( ) *Renters will not be contacted until the Purchase Agreement is executed Owner Statement of Interest As a property owner(s), by signature it is hereby stated that I/we request participation in the floodplain management voluntary property acquisition program. It is understood that any misleading or fraudulent information contained herein may result in disqualification or delays in the voluntary acquisition of the property. Further, by signature, I/we hereby authorize the City of Roanoke to gather information from FEMA, SBA, National Flood Insurance or my homeowner's insurance, and other applicable sources or agencies pertaining to the flood recovery programs to determine non-duplication of benefits. Property Owner(s): Signature Print Full Name Date Signature Print Full Name Date Signature Print Full Name Date 2~5~99 23 H:\USER\ENGGJR\WINWORD\HMGP\BUYPOLCY.WPD Exhibit C FEDERAL EMERGENCY MANAGEMENT AGENCY HAZARDOUS MATERIALS PROPERTY SURVEY INDIVIDUAL PROPERTY SURVEY FORM NAME OF OWNERS: PROPERTY ADDRESS: CITY: Roanoke I (We), 1) 2) STATE: Virginia ZIP: as owner(s) of the above referenced property that lies within the jurisdiction of City of Roanoke, in the Commonwealth of Virginia represent and certify that I (we) have used due diligence to determine, to the best of my (our) knowledge, that the description of the property described herein is accurate with respect to the presence or absence of contamination from toxic or hazardous substances. The term "property" refers to the physical piece of legally recorded land that is to be acquired or elevated. Is or was the property currently or previously used for governmental, commercial, light industrial, or industrial activities? If yes, list specific type and nature: Yes No Are there any Aboveground Storage Tanks (AST), Underground Storage Tanks (UST), or Leaking Underground Storage Tanks (LUST) present on the property? If yes, list type of each tank, capacity and condition: Yes No Is there presently or has there been in the past any generation, treatment, storage, disposal, release, or spill of petroleum products, solid or hazardous substances and/or wastes (this includes pesticides, herbicides, or rodenticides), or any allegations or claims of any such items or activities other than normal quantities of household substances? Yes If yes, list type of activity, substance and quantity involved: No Is there presently or has there been in the past a transportation facility on what is now your property? This includes parking lots, railroad yards, railroad or roadway right-of-way. If yes, list type of facility or activity: Yes No 2~5~99 24 H:\USER\ENGGJR\WINWORD\HMG P\BUYPOLCY.WPD o HAZARDOUS MATERIALS PROPERTY SURVEY - PAGE 2 Have you noticed any unusual odors or discoloration in your drinking water or on your property? If yes, describe the location, color, and odor of the water: Yes No For your property, is there presently or has there been in the past any: (A) (B) Environmental investigations conducted or requested to be conducted by federal, state or local government agencies or private firms; or Yes No Environmental or Occupational Safety and Health Administration (OSHA) citations or notices of violations? Yes No Are there any drinking water wells or sewage septic tanks/systems on your property? Yes No If yes, do any of the structures contain asbestos or lead containing material? Yes No If yes, please explain: If there are any issues not raised by the previous questions, please attach an extra sheet describing these issues. The property owner(s) acknowledge that this certification regarding hazardous substances and/or waste is a material representation of fact upon which the Grant Applicant (local government) and other government entities rely upon to execute the property purchase. The property owner(s) certify that the information contained within this HAZARDOUS MATERIALS PROPERTY SURVEY FORM is a full disclosure of all available information to the best of their knowledge and that the owner(s) has exercised due diligence in obtaining all relevant information. OWNER'S SIGNATURE: DATE: OWNERS NAME: OWNER'S SIGNATURE: DATE: OWNERS NAME: OWNER'S SIGNATURE: DATE: OWNERS NAME: PREPARER'S (if other than owner) SIGNATURE: PREPARER'S NAME: PREPARER'S TITLE: DATE: 2~5~99 2 5 H:\USER\ENGGJR\WINWORD\HMGP\BUYPOLCY.WPD CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE City Clerk Sandra H. Eakin Deputy City Clerk March 2, 1999 File #27-60-217-237-468 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 34201-030199 providing for acquisition of property rights needed by the City for certain storm drainage improvements in connection with the Capital Improvements Program CCIP") Drainage Program; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and authorizing execution of a Permit Agreement with the railroad containing indemnification language. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 1, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations Charles M. Huffine, City Engineer Diane S. Akers, Budget Administrator, Office of Management and Budget Dolores C. Daniels, Assistant to the City Manager for Community Relations Sarah E. Fitton, Engineering Coordinator A:hMAR. I COR WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1999. No. 34201-030199. AN ORDINANCE providing for the acquisition of property rights needed by the City for certain storm drainage improvements in connection with the Capital Improvement Program ("CIP") Drainage Program; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; authorizing execution of a Permit Agreement with the railroad containing indemnification language; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For certain storm drainage improvements in connection with the CIP Drainage Program, the City wants and needs certain fee simple interests, temporary construction easements, permanent easements, and rights of ingress and egress, licenses or permits, and indemnification of the railroad of liability related to construction, removal, replacement, and maintenance of the drainage facilities, as more specifically set forth in the report and attachments thereto, to this Council dated March 1, 1999, on file in the Office of the City Clerk. The owners of the property as identified by the attachments are based on the best information available to the City at this time. The City may acquire the identified interest from the legal owner of the property as determined by a title search. The proper City officials are authorized to acquire for the City from the respective owners the necessary interests and appropriate ancillary rights with respect to the parcels, for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to applicable statutory guidelines. All requisite documents shall be upon form approved by the City Attorney. Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk March 2, 1999 File #27-60-217-237-468 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34200-030199 amending and reordaining certain sections of the 1998-99 Capital Projects Fund Appropriations, providing for appropriation of $115,000.00 for acquisition of property rights necessary for construction of certain storm d.rainage projects included in the Capital Improvement Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 1, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc~ W. Robert Herbert, City Manager Kit B. Kiser, Director, Utilities and Operations Charles M. Huffine, City Engineer Diane S. Akers, Budget Administrator, Office of Management and Budget Dolores C. Daniels, Assistant to the City Manager for Community Relations Sarah E. Fitton, Engineering Coordinator A:~!ARI COR WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of March, 1999. No. 34200-030199. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations General Government Garden City Phase 3 - Culvert Replacement (1) ................. Streets and Bridges Andrews Road (2) ......................................... Sanitation · Murdock Creek Drainage Improvements (3) ..................... Blue Ridge Park for Industry Channelization (4) .................. Barnhart Drive Improvements (5) ............................. Belle Aire Circle Storm Drain Project (6) ........................ Thomason Road Bridge (7) .................................. Garden City Phase 7 - Storm Drain Project (8) ................... Capital Improvement Reserve Public Improvement Bonds - Series 1992 (9) .................... 1) Appropriated from Bond Funds 2) Appropriated from Bond Funds 3) Appropriated from Bond Funds 4) Appropriated from Bond Funds 5) Appropriated from Bond Funds (008-052-9692-9001) $ 20,000 (008-052-9543-9001) 5,000 (008-052-9691-9001 ) 30,000 (008-052-9582-9001 ) 10,000 (008-052-9568-9001) 5,000 $ 17,652,030 155,500 23,283,447 612,750 1,335,994 95 000 60 600 43 000 20 000 35 000 20 000 11,378 874 213 640 6) Appropriated from Bond Funds (008-052-9581-9001) $ 5,000 7) Appropriated from Bond Funds (008-052-9690-9001) 20,000 8) Appropriated from Bond Funds (008-052-9693-9001) 20,000 9) Storm Drains (008-052-9700-9176) (115,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. March 1, 1999 Report No. 99-313 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Property Rights Acquisition for CIP Drainage Program The attached staff report was considered by the Water Resources Committee at its regular meeting on February 16, 1999. The Committee recommends that Council take the following actions, in accordance with conditions stated in the attached report: Authorize the acquisition of property rights as shown on the attached Project lists, 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, rights-of-way, licenses or permits, etc. and indemnification of the railroad of liability related to such construction, removal, replacement, and maintenance. Appropriate $115,000 from the 1992 bond issue account 008-052-9700- 9176 to the accounts listed on Attachment "A". Authorize the City Manager or the Assistant City Manager and the City Clerk to execute and attest, respectively, the necessary documents, in a form approved by the City Attorney, to acquire this property. Respectfully submitted, Linda F. Wyatt, Chairperson Water Resources Committee LFW:KBK:afm Attachment CC: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations Charles M. Huffine, City Engineer Diane S. Akers, Budget Administrator D. D. Daniels, Assistant to City Manager for Community Sarah Fitton, Engineering Coordinator Report No. 99-313 CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: February 1 6, 1 999 K~i~ Bemberis, Water Resources Committee · Kiser, Director, Utilities and Operations thru W. Robert Her~t/Manager PROPERTY RIGHTS ACQUISITION FOR CIP DRAINAGE PROGRAM Background in chronological order is as follows: Drainage problems which need correcting are a continuing process for the City. In order to address the numerous requests fairly, projects are ranked for funding in the Capital Improvement Program. Eight of the pro!ects included in the Storm Drainage Section of the Capital Improvement Program are now ready for staff to proceed with property rights acquisition. II. Current Situation is as follows: Ao Preliminary engineering studies are complete and final design is underway. Initial contact with property owners has been made· Authorization is needed to move forward with title work, appraisals, negotiations with property owners, document preparation, and closings for acquisition of the necessary property rights. III. Issues in order of importance are: A. Need B. Timing Members, Water Resources Committee PROPERTY RIGHTS ACQUISITION FOR CIP DRAINAGE PROGRAM February 16. 1999 Page 2 C. Estimated Cost D. Funding IV. Alternatives in order of feasibility are: Water Resources Committee recommends that City Council authorize the City Manager to take appropriate action in order to accomplish the acquisition of all property rights necessary for the construction of the projects, 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, rights of way, licenses or permits, etc., and indemnification of the railroad of liability related to such construction, removal, replacement, and maintenance. Need to acquire property rights has been established by design of the projects. Timing to begin acquisition of property rights is critical to avoid delay of project schedules. m Estimate~i Cost to acquire the necessary property rights totaling 5,000 is shown on Attachment "A". Funding totaling $11 5,000 is available in the 1992 bond issue account 008-052-9700-9176 and needs to be appropriated to the accounts shown on Attachment "A". Water Resources Committee does not recommend that 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 projects, 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 constructioneasements, rights of way, licenses or permits, etc. and indemnification of the railroad of liability related to such construction, removal, replacement, and maintenance. Members, Water Resources Committee PROPERTY RIGHTS ACQUISITION FOR CIP DRAINAGE PROGRAM February 16, 1999 Page 3 o Need to acquire property rights established by design of the projects would not be met. Timing to begin acquisition of property rights to avoid delay of project schedules would be jeopardized. Estimated Co~t to acquire the necessary property rights would probably increase. Funding would remain in the 1992 bond account. Water Resources Committee recommends that City Council take the following actions, in accordance with Alternative "A". Authorize the acquisition of property rights as shown on the attached Project lists, 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, rights of way, licenses or permits, etc. and indemnification of the railroad of liability related to such construction, removal, replacement, and maintenance. Appropriate $115,000 from the 1992 bond issue account 008-052-9700- 9176 to the accounts listed on Attachment "A". Authorize the City Manager or the Assistant City Manager and the City Clerk to execute and attest, respectively, the necessary documents, in a form approved by the City Attorney, to acquire this property. WRH/KBK/SEF Attachments cc: City Attorney Director of Finance Director of Public Works Members, Water Resources Committee PROPERTY RIGHTS ACQUISITION FOR CIP DRAINAGE PROGRAM February 16, 1999 Page 4 Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Engineering Coordinator Budget Administrator h\WPDOCS\REPORTS\DRAINAGE.ACQ ATTACHMENT A Blue Ridge Park for Industry Channelization (008-052-9582-9050) $10,000 Mu~ock Creek Drainagelmprovements (008-052-9691-9050) 30,000 Andrews Road (008-052-9543-9050) 5,000 Barnhad Drivelmprovements (008-052-9568-9050) 5,000 Belle Aire Circle Storm Dmin Pr~ect (008-052-9581-9050) 5,000 Thomason Road Bridge Account (008-052-9690-9050) 20,000 Galen City Ph. 3-Culve~ Replacement (008-052-9692-9050) 20,000 Garden City Ph. 7-Storm Drain Project (To be established by Director of Finance) 20,000 ESTIMATED TOTAL: $115,000 BLUE RIDGE PARK FOR INDUSTRY TAX NO. PROPERTY OWNER 5210705 Bo~ese, Stephen E. 5210706 Holbrook Properties 5210707 Custom Wood Products, LLC 5210105 Little, Harold E. 5210106 . Dietz, Richard A 5210116 Conner, Mangus 5210112 Dooley, Harry J. N/A Norfolk Southern Corp. MURDOCK CREEK DRAINAGE IMPROVEMENTS TAX NO. I PROPERTY OWNER CULVERT REPLACEMENT 5050615 Rhudy, Alexander C. & Diann 5050508 Robertson, M. R. & Delong, Gladys L. 5050616 Tunnell, Timothy B. & Jann T. 5050612 Aliff, Nannie B. 5050611 Yates, William Thomas 5050509 Ellett Family Limited Partnership 5050507 Musgrove, Bruce A. & Alma T. 5070307 Carroll, B. L. 5070311 Richardson, John W. 5070312 Carter, Roy O. Jr. & Juanita H. 5070314 Voss, Clarence G. 5070309 Williams, Robert Jr. 5070308 Greer, Glynn R. & Patsy S. 5070310 McGuire, Milton T. & Marjorie E. 5070318 Arthur, Al~ie L. 5070320 Seligman, Bruce A. & Linda J. 5070321 Carter, Roy 5050701 Holdaway, Dewey E. & Margaret A. STORM DRAIN 5070416 Chapman, Jess W. & Elizabeth Louella 5070420 Cunnin~lham, Steven & Lorraine 5070315 Merritt, Guy B. & Nellygean K. 5180318 Whitmire, Charles E. Jr. & Alice W. 5070421 Renick, A. M. Sr 5180307 Price, Elizabeth T. ANDREWS ROAD 2350105 Fincastle Equipment Co. 2350601 Long, Stacey S. 2350602 Taylor, Gloria BARNHART DRIVE 5130109 Webber, G. Edwin 5130301 Wray, Thomas E. 5130302 Scales, Lafe P. Jr. 5130303 Lee, Carl W. 5130304 Kelley, Richard M. BELLE AIRE CIRCLE 5170218 Parron, Jean H. 5170217 Crow~ley, Guy C. THOMASON ROAD BRIDGE 4360405 Gillespie, James W. Jr. 4360406 Gillespie, James W. Jr. 4360423 City of Roanoke 4360516 City of Roanoke 4360520 City of Roanoke GARDEN CITY PH. 3-CULVERT REPLACEMENT TAX NO. PROPERTY OWNER 4190801 McMillan, Betty F. Trs. 4190802 Bible Baptist Church Trs. 4260524 Smith, James R. 4260525 Smith, James R. 4260526 Smith, James R. 4260527 Smith, James R. 4260512 Jones, Thomas P. 4260513 Coffey, Moda R. 4300132 Lucas, Kenneth E. 4300133 Lucas, Terry L. 4300104 Borris, Bradford W. 4300135 Hartman, Michael F. 4300106 Routt, Paul L. III 4300119 Green, Kenneth D. 4300804 Harrell, Thomas W. 4300801 Stevens, Robert L. 4300807 Odase, Robert A. & Patty J. 4300802 Anderson, Betty G. GARDEN CITY PH. 7-STORM DRAIN 4400202 Mills, Sharon N. 4400201 Nichols, Fronie S. 4400206 Nichols, Fronie S. 4400207 Lyle, Hal C. & Bonnie L. 4400208 Scott, Lawrence E. &Anita D. 4400209 Jones, Carilyn Cash 4300721 Combs, Lucy P. 4300706 Hoso, Inc. 4300710 Doss, Herbert Wray & Lorri S. 4300707 Fowler, James E. & Gertrude L. -CHERRY ,HILL OR LEE-H! CENI'E~ PLACE HIlL Z P~ MUI E E // II II b .333.9 / / / / / / 167.0 95. i / 95.~ 2,3 .~/ g'~_ /~ o / (~ z J5 15( ~ ~ i 50 289. '$/ :o 0 Ln )108 ~ 8.6 05.0 o. 5130207 ~ 513021 100.0 87.6 51305O7 5150501 5130502 175.,3 5150505 3 191.3 5130304 c~RCL~- 211.-'5 64.9 Barnhart Drive ~ Storm Drain Project \ 87.6 5150508 5130305 5130509 \ 6 \ \ 5130506~, 9 0,4 gO~,' ~ g~.'?.,O/-~'g 0'1 .--- ,,.o0 c~O o~ / / / / o~r~ of u~ ci~y ~ Room 3.50 2~$ C~ur~ Argue, $.W. 7' Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk March 3, 1999 File #2-166-468 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: A report of the Water Resources Committee recommending that the City Manager take appropriate action to advertise a public hearing, and lacking any comments to the contrary, enter into an agreement with Robert M. and Carolyn H. Callahan for exchange of property along Tinker Creek in the vicinity of Sand Road, N. E., was before the Council of the City of Roanoke at a regular meeting which was held on Monday, March 1, 1999. On motion, duly seconded and adopted, Council concurred in the recommendation and scheduled a public hearing for Monday, March 15, 1999, at 7:00 p.m., in the City Council Chamber, 215 Church Avenue, S. W., City of Roanoke. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Mr. and Mrs. Robert M. Callahan, c/o Callahan Construction Co., Inc., 4280 Downing Street, N. E., Roanoke, Virginia 24019 James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations Charles M. Huffine, City Engineer Diane S. Akers, Budget Administrator, Office of Management and Budget Dolores C. Daniels, Assistant to the City Manager for Community Relations Sarah E. Fitton, Engineering Coordinator Samuel Hayes, III, Manager, Utility Line Services A:R'dARI COR.WPD March 1, 1999 z z:, '." '~ ,'~ ~ · Report No. 99-314 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Property Rights Exchange along Tinker Creek The attached staff report was considered by the Water Resources Committee at its regular meeting on February 16, 1999. The Committee recommends that Council authorize the City Manager to take appropriate action in order to advertise a public hearing and, lacking any comments to the contrary, enter into an agreement with Robert M. and Carolyn H. Callahan, in a form approved by the City Attorney, to allow an exchange of property along Tinker Creek in the vicinity of Sand Road, N. E., and to sign all necessary documents to effect this exchange. LFW:KBK:afm Attachment Linda F. Wyatt, Chairperson Water Resources Committee CC2 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations Charles M. Huff'me, City Engineer Diane S. Akers, Budget Administrator D. D. Daniels, Assistant to City Manager for Community Sarah Fitton, Engineering Coordinator Samuel Hayes, III, Manager, Utility Line Services Robert M. and Carolyn H. Callahan Report No. 99-314 CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: February 16, 1999 ...,~..~,ember.% Water Resources Committee Kit B. Kiser, Dire(~r1~ies and Operations thru W. Robert Herb~t~ Manager PROPERTY RIGHTS EXCHANGE ALONG TINKER CREEK ~ in chronological order is as follows: Ao City owned property along Tinker Creek identified by Tax No. 3250801 has been utilized as a storage and soil disposal site by the City for many years. Owners of adjacent property identified by Tax No. 3250414 contacted the City last year regarding the possibility of a mutually beneficial land swap. See attached map. II. .Current Situation is as follows: .Internal review of the proposed exchange by City staff has revealed no adverse impact on the use of the disposal site, with the City benefitting from an improved entrance to the site resulting from the exchange. Conveyance of real property must be approved by City Council, following a public hearing. III. Issues in order of importance are: A. Need of property owners B. ~ C. _Timing Members, Water Resources Committee PROPERTY RIGHTS EXCHANGE ALONG TINKER CREEK February 16, 1999 Page 2 IV. Alternatives in order of feasibility are: Water Resources Committee recommends that Ci Council authorize the City Manager to take appropriate action in order to advertise a public hearing and, lacking any comments to the contrary, enter into an agreement with Robert M. and Carolyn H. Callahan, in a form approved by the City Attorney, to allow an exchange of property along Tinker Creek in the vicinity of Sand Road, NE, and to sign all necessary documents to effect this exchange. Need of property owners to develop duplex residential units on property is met. for improved access to City property is met. 3. Timing to convey property as quickly as possible is met. Bo Water Resources Committee does not recommend that Cit Council authorize the City Manager to take appropriate action in order to advertise a public hearing and, lacking any comments to the contrary, enter into an agreement with Robert M. and Carolyn H. Callahan, in a form approved by the City Attorney, to allow an exchange of property along Tinker Creek in the vicinity of Sand Road, NE, and to sign all necessary documents to effect this exchange. Need of property owners to develop duplex residential units on property is not met. for improved access to City property is not met. 3. Timing to convey property as quickly as possible is not met. Water Resources Committee recommends that Cit Council concur with Alternative "A" and authorize the City Manager to take appropriate action in order to advertise a public hearing and, lacking any comments to the contrary, enter into an agreement with Robert M. and Carolyn H. Callahan, in a form approved by the City Attorney, to allow an exchange of property along Tinker Creek in the vicinity of Sand Road, NE, and to sign all necessary documents to effect this exchange. Members, Water Resources Committee PROPERTY RIGHTS EXCHANGE ALONG TINKER CREEK February 16, 1999 Page 3 WRH/KBK/SEF Attachment CCZ City Clerk City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Budget Administrator City Engineer Assistant to City Manager for Community Relations Manager, Utility Lines Engineering Coordinator Callahan Construction Co., 4280 Downing St. Roanoke, VA 24019 Mike Callahan (540) 966-5496 Fax (540) 955-5498 Pager (540) 510-0255 Irlc. Mr. Samuel Hayes, III Utility Line Services, Department Manager 3447 Hollins Road, N.E. Roanoke, VA 24012 February 1, 1999 Dear Mr. Hayes: This letter is in response to your letter dated January 29, 1999. I will try to explain why the city of Roanoke and I should trade the properties on the plat done by David Bess, Land Surveyor. I currently own Parcel E, Parcel D and Parcel C. Parcel E is the most important one for the city in that Sand Road crosses this land to city property. As you and Mr. Kiser saw when we met on the property, ifI were to put up a fence, you couldn't get to the city property. Parcel D is a low lying area that you expressed some interest in for filling purposes. Parcel C would give the city a greenway along Tinker Creek which will help when the city makes a park on their site that is being filled now. The property I would like to receive in trade is Parcel B. Parcel B would help to square up my property. I would like to get this trade done as soon as possible. I will be applying for rezoning as soon as the trade is complete. If I can be of further assistance, please call me at my home and office at (540) 966-5496 or on my digital pager at (540) 510-0255. Robert M. Callahan II Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk March 3, 1999 File #166-221-468-481 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: A report of the Water Resources Committee recommending that a revocable license be granted to CHS, Inc., to allow the encroachment of subterranean footings along both sides of the right-of-way of Crystal Spring Avenue, S. W., and authorization for City staff to advertise for bids and to hold a public hearing regarding amendment of the lease with CHS, Inc., for air rights over Crystal Spring Avenue to include an additional 35 feet, more or less, extending upwards above the current leased area, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, March 1, 1999. On motion, duly seconded and adopted, Council concurred in the recommendation and scheduled a public hearing for Monday, April 19, 1999, at 7:00 p.m., in the City Council Chamber, 215 Church Avenue, S. W., City of Roanoke. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Robert B. Manetta, Associate General Counsel, Carilion Health System, Post Office Box 40032, Roanoke, Virginia 24022-0032 James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations Charles M. Huffine, City Engineer Dolores C. Daniels, Assistant to the City Manager for Community Relations Sarah E. Fitton, Engineering Coordinator Glenn A. Asher, Manager, Risk Management Officer A:XMAR1 COR.WPD March 1, 1999 Report No. 99-316 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Crystal Spring Avenue, S.W. - Encroachments in Right-of-Way The attached staff report was considered by the Water Resources Committee at its regular meeting on February 16, 1999. The Committee recommends that Council take the following actions in accordance with conditions stated in the attached report: Authorize a revocable license to CHS Inc., a subsidiary of Carilion Health System, to allow the encroachment of subterranean footings along both sides of the right-of-way of Crystal Spring Avenue, S.W. Authorize City staff to advertise for bids and to hold a public hearing regarding amending the lease with CHS Inc. for air rights over Crystal Spring Avenue to include an additional thirty five (35) feet, more or less, extending upwards above the current leased area. The successful bidder shall prepare all appropriate legal documents in a form approved by the City Attorney. The City reserves the right to reject all bids. Respectfully submitted, Linda F. Wyatt, Chairperson Water Resources Committee LFW:KBK:afm Attachment CC: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations Charles M. Huffine, City Engineer D. D. Daniels, Assistant to City Manager for Community Relations Sarah Fitton, Engineering Coordinator Glenn A. Asher, Risk Management Officer Robert B. Manetta, Associate General Counsel, Carilion Health System Report No. 99-316 CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: February 16, 1999 Members, Water Resources Committee Kiser, Director, Utilities and Operations thru W. Robert Heri~j~,y Manager Crystal Spring Avenue, SW- Encroachments in Right-of-Way Background in chronological order is as follows: Ao City Council authorized, by Ord. No. 33794-050498, a lease between the City and CHS, Inc. for lease of certain airspace over Crystal Spring Avenue, SW. Bo CHS. Inc., a subsidiary of Carillon Health System, which operates Roanoke Memorial Hospital, has requested additional encroachments into the right-of-way of Crystal Spring Avenue in connection with their proposed multilevel parking deck. See attached letter. II. Current Situation is as follows: The proposed parking garage will require a series of subterranean footings which would encroach into the right-of-way along both sides of Crystal Spring Avenue. These footings will be set at least four (4) feet below grade to minimize any hazard to the public. Design modifications to address neighborhood concerns will require an amendment to the lease for airspace above Crystal Spring Avenue to include an additional thirty-five feet, more or less, extending upwards above the current leased area, from an altitude of 986.75 feet to 1020 feet. Members, Water Resources Committee Crystal Spring Avenue, SW Encroachments in Right-of-Way February 16, 1999 Page 2 Potential lease of air space must be advertised and the successful bidder will be required to reimburse the City for the full cost of advertising. The advertisement for bids must be published once a week for four successive weeks in a newspaper of general circulation. A public hearing is also required for lease of air rights over City right- of-way. The City must advertise a public hearing on the proposal in a newspaper having general circulation in the City at least seven days prior to the date set for the hearing. Staff recommends authorization of an amendment to the lease of additional air rights for this structure and a revocable licenso to allow the encroachment of subterranean footings along both sides of the right- of-way of Crystal Spring Avenue, SW., with all other provisions of the original lease with CHS Inc. to remain in effect. III. Issues in order of importance are: A. Need B. Public Safety C. .C,~s~Ltg_CJ~ IV. ~ in order of feasibility are: Water Resources Committee recommends that Cit_v Council authorize, a revocable license to CHS Inc. to allow the encroachment of subterranean footings along both sides of the right-of-way of Crystal Spring Avenue, SW., and authorize City staff to advertise for bids and to hold a public hearing regarding amending the lease with CHS Inc. for air rights over Crystal Spring Avenue to include an additional thirty- five feet, more or less, extending upwards above the current leased area. The successful bidder shall prepare all appropriate legal documents in a form approved by the City Attorney. The City reserves the right to reject all bids. Members, Water Resources Committee Crystal Spring Avenue, SW Encroachments in Right-of-Way February 16, 1999 Page 3 1. Need for adequate footings and additional airspace for the structure is met. Public Safety is enhanced by the installation of lighting on the top of the parking garage. 3. ~ is zero. Water Resources Committee does not recommend that City Council authorize a revocable license to CHS Inc. to allow the encroachment of subterranean footings along both sides of the right-of-way of Crystal Spring Avenue, SW., and authorize City staff to advertise for bids and to hold a public hearing regarding amending the lease with CHS Inc. for air rights over Crystal Spring Avenue to include an additional thirty-five feet, more or less, extending upwards above the current leased area. The successful bidder shall prepare all appropriate legal documents in a form approved by the City Attorney. The City reserves the right to reject all bids. 1. Need for adequate footings and additional airspace for the structure is not met. Public Safety is compromised by the lack of lighting on the top of the parking garage. 3. JT.~_~..t._t9_C.~ is zero. Water Resources Committee recommends that City Council concur in Alternative "A" and take the following actions: Authorize a revocable license to CHS Inc. to allow the encroachment of subterranean footings along both sides of the right-of-way of Crystal Spring Avenue, SW. Authorize City staff to advertise for bids and to hold a public hearing regarding amending the lease with CHS Inc. for air rights over Crystal Members, Water Resources Committee Crystal Spring Avenue, SW Encroachments in Right-of-Way February 16, 1999 Page 4 Spring Avenue to include an additional thirty-five feet, more or less, extending upwards above the current leased area. The successful bidder shall prepare all appropriate legal documents in a form approved by the City Attorney. The City reserves the right to reject all bids. WRH/KBK/SEF Attachment CC.' City Attorney Assistant City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations Risk Manager City Engineer Engineering Coordinator Robert B. Manetta, Assistant Legal Counsel, Carilion Health System CA. LION January 29,1999 Kit B. Kiser Director Utilities and Operations City of Roanoke 215 Church Avenue, SW Roanoke, Virginia 24011 Re: Air Rights Lease - Crystal Spring Avenue Encroachment in Right of Way - Crystal Spring Avenue Dear Mr. Kiser: Thanks to you and Ms. Fitton for taking the time to meet with John C. Christodolides and myself on January 13, 1999. As you are aware, CHS Inc., a subsidiary of Carilion has leased air dghts from the City of Roanoke above a section of Crystal Spdng Avenue (Enclosure 1). The subject space is needed for a multilevel parking deck of critical importance to the Carilion Roanoke Memodal Campus. As the design has evolved, it has become necessary to raise the top deck level to an elevation of 983 feet (Enclosure 2). Based on the feedback from our meeting with the neighborhood we have decided to add protective screens mounted on parapets which will reach an elevation of 994 feet and light poles which will take it to 1011 feet. These public safety features account for the additional space needed. The metes and bound of the air rights will remain the same but these changes in the project necessitate an increase of the maximum height of the air rights from 986.75 feet to 1011 feet. Therefore we are requesting that the City grant CHS Inc. an increase of the air dghts to that altitude. Also, the parking deck foundation will consist of a sedes of subterranean footings along both sides of Crystal Spring Avenue. These will be set at least 4 feet below grade (Enclosure 2;. They will extend under the right of 10 feet along the north side and 17 feet along the south side (Enclosure ! ). Structure weight, road Nidth ~r~C existing buqdings south ,~f Cr'/stal Spring necessitate the proposed ':c~figura~ior Carilio¢. :;r~derstands *_ha[ ~t must repair any 'oadway- damaged as Kit B. Kiser January 29, 1999 Page 2 a result of the placing of these footings. Based on our previous discussion it is our understanding that these structures will not constitute a permanent encroachment. We would request that this fact be confirmed in wdting. If our understanding is incorrect then we wish this letter to constitute a request to that the City grant CHS Inc. permission to make such encroachments. It has been suggested by Bob Bingston that the City might wish to reconstruct the intersection of Evans Mill and Crystal Spdng utilizing the most eastern tip of our property to make the intersection safer. If that were the case, CHS Inc., would request that the appropriate steps be taken by the City to explore this option as soon as possible. Any requested information will be submitted promptly. Thanks you very much for your help in these important matters. Very truly yours, Associate General Counsel P. O. Box 40032 Roanoke, Virginia 24022-0032 (540 224 5065) Enclosures: 1. Cad Walker, Inc. Drawing C1.0 dated 1/26/99 2. Cad Walker, Inc. Drawing P2.0 dated 1/26/99 cc: Gladys L. Yates, Assistant City Attorney Sarah E. Fitton, Office of the City Engineer Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk March 3, 1999 File #2-337-468 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 34202-030199 providing for acquisition of a vacant lot known as 411 Fifth Street, S. W., and identified as Official Tax No. 1113413, for a consideration not to exceed $26,500.00, authorizing the proper City officials to execute and attest any necessary documents for this acquisition; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; and authorizing the C. ity to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 1, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: William L. K. Churchill, President, Valley Construction News, P. O. Box 791, Roanoke, Virginia 24004 James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations Charles M. Huffine, City Engineer Dolores C. Daniels, Assistant to the City Manager for Community Relations D. Darwin Roupe, Manager, Supply Management Diane S. Akers, Budget Administrator, Office of Management and Budget Sarah E. Fitton, Engineering Coordinator A:WIAR 1 COR.WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1999. No. 34202-030199. AN ORDINANCE providing for the acquisition of a vacant lot known as 411 Fifth Street, S.W., and identified by Roanoke City Tax Map No. 1113413, authorizing the proper City officials to execute and attest any necessary documents for this acquisition; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the Employee/Jefferson Center Parking Project, the City wants and needs fee simple title to a vacant lot known as 411 FitCh Street, S.W., and identified by Roanoke City Tax Map No. 1113413, as more specifically set forth in the report and attachments thereto to this Council dated March 1, 1999. The proper City officials are authorized to execute and attest the necessary documents, in form approved by the City Attorney, to acquire for the City fi-om the respective owner the fee simple title to the parcel, for a consideration not to exceed $26,500.00. 2. Upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the consideration to the owner, certified by the City Attorney to be entitled to the same. 3. Should the City be unable to agree with the owner of the real estate in which an interest in property is required or should any owner be a person under a disability and lacking capacity to convey such interest or should the whereabouts of the owner be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate property rights. 4. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for entry o fan order, pursuant to §25-46.8 or §33.1- 120, et seq, Code of Virginia (1950), as amended, granting to the City the fight to enter upon the property for the purpose of commencing the project. The Director of Finance, upon request of the City Attomey, shall be authorized and directed to drawn and pay into court the sums offered to the respective owners. 5. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. H:\ORD-GEN~O-PARKIN5 March 1, 1999 Report No. 99-317 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Acquisition of Property - Employee/Jefferson Center Parking Project The attached staff report was considered by the Water Resources Committee at its regular meeting on February 16, 1999. The Committee recommends that Council take the following actions in accordance with conditions stated in the attached report: Authorize the acquisition of the property at 411 Fifth Street, S.W., Tax Map No. 1113413, for the amount of $26,500.00. Authorize the City Manager or the Assistant City Manager and the City Clerk to execute and attest, respectively, the necessary documents, in a form approved by the City Attorney, to acquire this property. A late development arising from a Title Report on the property reveals there may be a cloud on the title which would require condemnation proceedings in order to obtain clear rifle. Therefore, this is to also recommend that Council authorize the City Attorney, if necessary, to institute condemnation or other legal proceedings to allow the City to obtain clear title to this property. LFW:KBK:afm Attachment Respectfully submitted, Linda F. Wya~, Chai~erson Water Resources Commi~ee CC~ Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations Charles M. Huffine, City Engineer D. D. Daniels, Assistant to City Manager for Community Relations D. D. Roupe, Manager, Supply Management Diane S. Akers, Budget Administrator Sarah Fitton, Engineering Coordinator William L. K. Churchill Report No. 99-317 CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: February 16, 1999 Memberrs, Water Resources Committee Kit B. Kiser, Dir~ec~l¥\U~tilities and Operations thru W. Robert Herb r~ Manager Acquisition of Property Employee/Jefferson Center Parking Project ~ in chronological order is as follows: Co In Se_Dtember, 1994, a plan was developed to address the Jefferson Center parking needs as well as Employee Parking recommendation. In December, 1994, Council approved the transfer of funds to allow acquisition of property. Ten parcels have been acquired. ~ located at 411 Fifth Street, SW, Tax Map No. 1113413 has been identified as a possible site to acquire to implement Phase I (property acquisition) of the Parking Project. II. Current Situatiorl is as follows: The owner of this property, William L. K. Churchill, has been contacted and has indicated a willingness to sell the property to the City of Roanoke. (See attached letter.) ~.~ has been reviewed by Mr. Will Claytor, Director, Real Estate Valuation. Staff feels that this price is consistent with values of other parcels purchased in the area for this project. Members, Water Resources Committee Acquisition of Property Employee/Jefferson Center Parking Project February 16, 1999 Page 2 III. Issues in order of importance are: A. Need B. Timing C. Funding IV. AJ.t,2D~j.~ in order of feasibility are: Ao Water Resources Committee recommends that City Council authorize the purchase of the property at 411 Fifth Street, SW, Tax Map No. 111341 3, for the amount of Need to acquire property for the Employee/Jefferson Center Parking Project is met. Timing is critical to acquire property which is currently available at a fair price. o Funding is available in Employee Parking Capital Account 008- 056-9698 to provide for the acquisition of the property. Water Resources Committee does not recommeqd that City Council authorize the purchase of the property at 411 Fifth Street, SW, Tax Map No. 1113413, for the amount of ~ Need for the acquisition of property for the Employee/Jefferson Center Parking Project would continue to exist. 2. Timing would not be a factor in this alternative. Funding designated for the acquisition of property for the Employee/Jefferson Center Parking Project would not be expended at this time. Members, Water Resources Committee Acquisition of Property Employee/Jefferson Center Parking Project February 16, 1999 Page 3 V. Recommendation is as follows: Water Resources Committee recommends that City Council concur in Alternative "A" and authorize the following: AcQuisition of the property at 411 Fifth Street, SW, Tax Map No. 111 3413, for the amount of ~ ~ the City Manager or the Assistant City Manager and the City Clerk to execute and attest, respectively, the necessary documents, in a form approved by the City Attorney, to acquire this property. WRH/KBK/SEF Attachments CC: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Manager, Supply Management Budget Administrator VALLEY CONSTRUCTION NEws A BUILDERS EXCHANGE AND PLAN ROOM SERVICE February 1, 1999 To whom it may concern: I, William L K Churchill, agree to sell the property located at 411 Fifth Street SW to Roanoke City for the sum of $26,500.00. I also agree to give Roanoke City the right to start grading and paving on this property immediately. If the property does not close within 90 days from the date of this letter, ownership of the property and all improvements made will remain the property of William L K Churchill indefinitely. William L K Churchill ROANOKE 540-344-8127 * CHARLOTTESVILLE 804-974-7183 * HARRISONBURG 540-433-6232 · RICHMOND 804-674-0118 PO BOX 791 · ROANOKE, VIRGINIA 24004 183.95 35.56 t1/3§02. 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 l- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 March 3, 1999 File #51 SANDRA H. EAKIN Deputy City Clerk C. Shireen Kirk and J. Alexander Boone, Attorneys Flippen, Densmore, Morse, Rutherford & Jesse Drawer 1200 10 South Jefferson Street, Suite 1800 Roanoke, Virginia 24006 Dear Ms. Kirk and Mr. Boone: I am enclosing copy of Ordinance No. 34182-030199 rezoning a tract of land located at 2619 Belle Avenue, N. E., identified as Official Tax Nos. 3410302 - 3410307, inclusive, from RM-1, Residential Multifamily District, Low Density District, to C-1, Office District, subject to proffers contained in the First Amended Petition filed in the City Clerk's Office on December 21, 1998. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Tuesday, February 16, 1999, also adopted by the Council on second reading on Monday, March 1, 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 pc~ Ms. Kathleen W. Richardson, 4250 Richardson Drive, Roanoke, Virginia 24019 Mr. and Mrs. Leon Lipcomb, 2616 King Street, N. E., Roanoke, Virginia 24012 Mr. David Jones, 2612 King Street, N. E., Roanoke, Virginia 24012 Mr. Melvin F. Chittum, 2604 King Street, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Don Wheeler, 2524 King Street, N. E., Roanoke, Virginia 24012 Mr. Robert Michael Brown, 2516 King Street, N. E., Roanoke, Virginia 24012 Mr. Gene West, 101-A Walnut Avenue, Vinton, Virginia 24179 Mr. Lurty Taylor, II, 4038 Poplar Grove Drive, Vinton, Virginia 24179 Mr. and Mrs. Matthew Blankenship, 120-A Watergate Drive, Lynchburg, Virginia 24501 C. Shireen Kirk and J. Alexander Boone March 3, 1999 Page 2 pc~ Ms. Betty L. West, 3020 Ashwood Circle #152, Roanoke, Virginia 24012 Mr. John Parrott Whittle, P. O. Box 13127, Roanoke, Virginia 24031 Mr. and Mrs. Nicholas Falletta, 822 Mecca Street, N. E., Roanoke, Virginia 24012 Mr. E. Ralph English, Jr., 205 River Oaks Road, Altavista, Virginia 24517 Ms. Margaret J. Beiley, 31 Woodland Road, Bloomfield, N. J., 07003 Ms. Betty L. Owens and Mr. Franklin Anderson, 2542 Belle Avenue, N. E., Roanoke, Virginia 24012 Mr. Jeffrey E. Marvin and Ms. Jeri K. Dehart, 2544 Belle Avenue, N. E., Roanoke, Virginia 24012 Mr. Lawrence C. Dent, 2546 Belle Avenue, N. E., Roanoke, Virginia 24012 Mr. James G. Spry, 2548 Belle Avenue, N. E., Roanoke, Virginia 24012 Ms. Reba J. Musselman, 2550 Belle Avenue, N. E., Roanoke, Virginia 24012 Barbara N. Duerk, Chair, City Planning Commission, 2607 Rosalind Avenue, S. W., Roanoke, Virginia 24014 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., 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 H. Miller, Building Commissioner Evelyn S. Lander, Chief, Planning and Community Development A:",MAR 1 COR. WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1999. No. 34182-030199. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 341, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, John G. McLeod and Kathryn L. McLeod, have made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-1, Residential Multifamily, Low Density District, to C-l, Office District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on February 16, 1999, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1- 3, Code of the City of Roanoke (1979), as amended, and Sheet No. 341 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That certain tract of land containing 3.83 acres, located at 2619 Belle Avenue, N.E., and designated on Sheet No. 341 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 3410307, 3410306, 3410305, 3410304, 3410303 and 3410302, be, and are hereby rezoned from RM-1, Residential Multifamily, Low Density District, to C-1, Office District, subject to the proffers contained in the First Amended Petition filed in the Office of the City Clerk on December 21, 1998, and that Sheet No. 341 of the Zone Map be changed in this respect. ATTEST: City Clerk. H:\ORD-RE.Z\O-MCLEOD Roanoke City Planning Commission February 16, 1999 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request of John G. McLeod and Kathryn L. McLeod, represented by C. Shireen Kirk and J. Alexander Boone, attorneys, that a tract of land containing approximately 3.83 acres, located at 2619 Belle Avenue, N. E., and identified by Official Tax Nos. 3410302, 3410303, 3410304, 3410305, 3410306, and 3410307, be rezoned from RM-1, Residential Multi-family, Low Density District, to C-1, Office District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Background: mo Purpose of the rezoning request is to use the existing commercial building and surrounding grounds as a day care center. B. Petition to rezone the property from RM-1 to C-1 was filed on December 10, 1998. Co Amended petition was filed on December 21, 1998. Proffered conditions ares as follows: Do The property will be developed in substantial conformity with the development plan prepared by Lumsden & Associates dated November 9, 1998, a copy of which is attached to the Petition to Rezone as Exhibit B, subject to any changes required by the City during site plan review. The property shall be used only for a day care center with unlimited capacity subject to Section 36.1-510 et seq. Of the Code of the City of Roanoke (1979), as amended. Planning Commission public hearing was held on Wednesday, January 6, 1999. After presentation by the petitioner's attorney and staff, Mr. Butler asked for comments from the audience. No one spoke in either support of or in opposition to the rezoning request. Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 Members of Council Page 2 II. Issues: III. mo Zoning of the property is currently RM-1, Multi-family, low density residential district. Bo Land use of the property is currently a church facility with parking and open space. Property has been used as a day care facility in the past. Adjacent land uses are a combination of single-family houses, duplexes, and townhouses. C. Traffic on Belle Avenue is presently limited due to the residential nature of the area. D. Neighborhood organization is the Wildwood Civic League. E. Comprehensive Plan recommends that: Neighborhood character and environmental quality should be protected. Possible changes in land use or new development in or near residential areas should be carefully evaluated and designed to conserve and enhance neighborhood quality. Quality public and private child care services, including before and after school care, should be available and affordable for all working parents. Creative approaches and settings should be encouraged to offer choices to meet a variety of family needs. Alternatives: A. City Council approve the rezoning request. Zoning is changed from RM-1 to C-1 with conditions which specify the use and development of the property as a day care center. Land use of the property is restricted to a day care center. Use is consistent with previous use of the property. o Traffic associated with the day care center would be less than if the property was developed for multi-family use. Approximately 440 trips per day could be generated for residential development (66 units) as opposed to 270 trips per day for the proposed day care with sixty occupants. Neighborhood organization has not provided any comments on the rezoning request. Petitioner has discussed the request with the neighborhood leader. 5. Comprehensive Plan could be followed. Members of Council Page 3 B. IV. City Council deny the rezoning request. 1. Zoning of the property remains RM-1. 2. Land use of the property is restricted to those uses permitted in the RM-1 District. These uses include a church, as well as a day care center for up to thirty children (by special exception permit). 3. Traffic generated by additional residential development may be greater than the proposed use as a child care center. 4. Neighborhood comments have not been received. 5. Comprehensive Plan could be followed. Recommendation: By a vote o f 5-0 (Messrs. Hill and Manetta absent), the Commission recommended approval of the rezoning request. Subject property has been used as a day care center in the past. Rezoning the property to C-1 with conditions permits the property to be used only as a day care center in compliance with the proffered development plan. Respectfully submitted, Barbara N. Duerk, Chairman Roanoke City Planning Commission Assistant City Attorney Attorney for the Petitioner IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Rezoning of a tract known as 2619 Belle Avenue, ) City of Roanoke, Virginia ) Official Tax Numbers 3410307, 3410306, 3410305, ) 3410304, 3410303 and 3410302, from RM-I; ) Residential Multifamily, to C- 1; Office District, ) such rezoning to be subject to certain conditions) FIRST AMENDED PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: Your Petitioners, John G. McLeod and Kathryn L. McLeod. are the contract purchasers from Wholelife Ministries and Worship Center, Inc., owner of land in the City of Roanoke containing 3.83 acres, more or less, located at 2619 Belle Avenue, N.E., Roanoke, Virginia, Tax Map Numbers 3410307, 3410306, 3410305, 3410304, 3410303 and 3410302. Said tract is currently zoned RM-1; Residential Multifamily. A map of the property to be rezoned is attached as Exhibit A. Pursuant to Article VII of Chapter 36.1-0690, Code of the City of Roanoke (1979), as amended, the Petitioners, with the Property owner's consent, attached as Exhibit D hereto, request that the said property be rezoned from RM-1; Residential Multifamily to C- 1; Office District, subject to certain conditions set forth below, for the purpose of the operation of a child care center, as detailed on Exhibit B attached hereto. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it xvill provide for use of the property that is beneficial to and consistent with other uses in the area. The Petitioners hereby proffer and agree that if the said property is rezoned as requested, that the rezoning will be subject to, and that the Petitioners will abide by, the following conditions: 1. The property will be developed in substantial conformity with the development plan prepared by I~umsden & Associates dated November 9, 1998, a copy of which is attached to the Petition to Rezone as Exhibit B, subject to any changes required by the City during site plan review. 2. The property shall be used only for a day care center with unlimited capacity subject to Section 36.1-510 et seq. of the Code of the City of Roanoke (1979), as amended. Attached as Exhibit C are the names, addresses and tax numbers of the o~vner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. This Petition to Rezone is filed in order to comply with the conditions required by the Planning Commission at the public hearing of this matter on JanuaD. 6, 1999. WHEREOF, the Petitioners requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. 2 Respectfully submitted this day of December 1998. Respectfully submitted, JOHN G. MCLEOD BYAXfCoun, C. Shireen Kirk (Va. Bar I.D. No. 28959) J. Alexander Boone (Va. Bar I.D. No. 39014) Flippin, Densmore, Morse, Rutherford & Jessee Drawer 1200 10 South Jefferson Street, Suite 1800 Roanoke, Virginia 24006 (540) 510-3000 0108-014 il: / I !/ .,,' EXHIBIT C TAX NUMBER 3410308 RICHARDSON, KATHLEEN W. 4150 RICHARDSON DR. ROANOKE, VA 24019 3410319 LIPCOMB, LEON & MARY 2616 KING ST., N.E. ROANOKE, VA 24012 3410318 JONES, DAVID 2612 KING ST., N.E. ROANOKE, VA 24012 3410317 CHITTUM, MELVIN F. 2604 KING ST., N.E. ROANOKE, VA 24012 341O316 WHEELER, DON & ELIZABETH 2524 KING ST. ROANOKE, VA 24012 3410315 BROWN, ROBERT MICHAEL 2516 KING ST., N.E. ROANOKE, VA 24012 3410311 WEST, GENE 101 WALNUT AVE. # 1 VINTON, VA 24179 3410324 WEST, GENE 101 WALNUT AVE. # 1 VINTON, VA 24179 3410101 TAYLOR, LURTY II 4038 POPLAR GROVE DR. VINTON, VA 24179 3410323 3410301 BLANKENSHIP, MATTHEW & SHARON 126A WATERGATE DR. LYNCHBURG, VA 24501 WEST, BETTY L. 3020 ASHWOOD CIR. # 152 ROANOKE, VA 24012 Consent of Property Owner The undersigned owner of record of the Property which is the subject of the Petition to Rezone by John G. McLeod and KathryB..: L. McLeod, contract purchaser of the Property by Contract of Sale dated October 16, 1998, hereby indicates its consent to the contract purchaser's Petition to Rezone the Property from RM-1, Residential Multifamily to C-l, Commercial District. WHOLELIFE MINJSTRIES AND WORSHIP CENTER, INC ~ Proposed Rezoning ~'~ RM-1 to C-1 onditional ~ CONDITIONAL 8O. 44 GUS w Ad Number: 1065574 Publisher's Fee: $69.81 FLIPPIN, DENSMORE, MORSE RUTHERFORD & JESSEE DRAWER 1200 ROANOKE, VA 24006 The Roanoke Times STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the umdersigned) 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: 01/28/99 FULL RUN - Thursday 01/28/99 FULL RUN - Thursday Witness, this 1st day of February 1999 Authorized Signature day, Feblu~w 16, 1999, ~ 7:00 p.m., in the Coun~l Chamber in the MunioipM ~ 215 Church Avenue, $.W. o~ ~he que~n ~ ~. Inl from RM-2, ReMdential Muitlfamlly, Medium Dens~ Dlit~ to C-1, ~ DIs~tct, 2e19 Belie Avenue, N.E., .nd -q 4t ~3~0 ?,~' ~4'10'3~',. (10~74) NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Tuesday, February 16, 1999, at 7:00 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question ofrezoning from RM- 1, Residential Multifamily, Low Density District, to C-l, Office District, the following property: That certain tract of land containing 3.83 acres, located at 2619 Belle Avenue, N.E., and bearing Official Tax Map Nos. 3410307, 3410306, 3410305, 3410304, 3410303 and 3410302, subject to certain proffered conditions. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 28th day of January , 19 99. Mary F. Parker, City Clerk. H:~NOTICEXaN-MCLEOD 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 February 1, 1999 File #51 SANDRA H. EAKIN Deputy City Clerk C. Shireen Kirk and J. Alexander Boone, Attorneys Flippen, Densmore, Morse, Rutherford & Jesse Drawer 1200 10 South Jefferson Street, Suite 1800 Roanoke, Virginia 24006 Dear Ms. Kirk and Mr. Boone: 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 Tuesday, February 16, 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 John G. McLeod and Kathryn L. McLeod that a tract of land located at 2619 Belle Avenue, N. E., identified as Official Tax Nos. 3410302-3410307, inclusive, be rezoned from RM-1, Residential Multifamily District, Low Density District, to C-l, Office District, subject to certain proffered conditions. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance and a report of the City Planning Commission with regard to the matter. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 853-2431. Questions with regard to the City Planning Commission report should be directed to the Department of Planning and Community Development at 853-2344. It will be necessary for you, or your representative, to be present at the February 16 public hearing. Failure to appear could result in a deferral of the matter until a later date. /?~Sincerely' 3~. ~~ Mary. F. P~ker, CMC/AAE City Clerk MFP:lo Enclosure MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 February 1, 1999 File #51 SANDRA H. EAKIN Deputy City Clerk Ms. Kathleen W. Richardson Leon & Mary Lipcomb Mr. David Jones Mr. Melvin F. Chitmm Mr. and Mrs. Don Wheeler Mr. Robert Michael Brown Mr. Gene West Mr. Lurty Taylor, II Matthew and Sharon Blankenship Ms. Betty L. West Ms. Reba J. Musselman Mr. John Parrott Whittle Nicholas and Marie Falletta Mr. E. Ralph English, Jr. Ms. Margaret J. Beiley Ms. Betty L. Owens Mr. Franklin Anderson Mr. Jeffery E. Marvin Ms. Jeri K. Dehart Mr. Lawrence C. Dent Mr. James G. Spry Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Tuesday, February 16, 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 John G. McLeod and Kathryn L. McLeod that a tract of land located at 2619 Belle Avenue, N. E., identified as Official Tax Nos. 3410302-3410307, inclusive, be rezoned from RM-1, Residential Multifamily District, Low Density District, to C-l, Office District, subject to certain proffered conditions. The City Planning Commission has recommended approval of the request subject to certain conditions. 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 informaiion as an interested property owner and/or adjoining property. owner. If you have questions with regard to the matter, please call the Department of Planning and Community Development at 853-2344. Sincerely, Mary, F. Parker, CMC/AAE City Clerk MFP:lo TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: John and Kathryn McLeod for property located at 2619 Belle Avenue i9E : i'~?; Official Tax Nos. 3410302 through 3410307, inclusive, from RM-1 ) AFFIDAVIT to C-l, conditional ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 28th day of December, 1998, notices of a public hearing to be held on the 6th day of January, 1998, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel 3410308 3410319 Owner's Name Kathleen W. Richardson Leon and Mary Lipcomb 3410318 David Jones 3410317 3410316 3410315 Melvin F. Chittum Don and Elizabeth Wheeler Robert Michael Brown 3410311 Gene West 3410324 3410101 3410323 Lurty Taylor, II Matthew and Sharon Blankenship 3410301 Betty L. West 3410111 3410113 3410114 3410115 3410116 3410112 John Parrott Whittle Nicholas and Marie Falletta Mailing Address 4150 Richardson Drive Roanoke, VA 24019 2616 King Street, NE Roanoke, VA 24012 2612 King Street, NE Roanoke, VA 24012 2604 King Street, NE Roanoke, VA 24012 2524 King Street, NE Roanoke, VA 24012 2516 King Street, NE Roanoke, VA 24012 101-A Walnut Avenue Vinton, VA 24179 4038 Poplar Grove Drive Vinton, VA 24179 120-A Watergate Drive Lynchburg, VA 24501 3020 Ashwood Circle, #152 Roanoke, VA 24012 P. O. Box 13127 Roanoke, VA 24031 822 Mecca Street, NE Roanoke, VA 24012 3430117 3410118 3410120 341O119 3320126 3320129 3320131 E. Ralph English, Jr. Margaret J. Beiley Betty L. Owens Franklin Anderson Jeffrey E. Marvin Jeff K. Dehart Lawrence C. Dent 3320134 James G. Spry 3320136 Reba J. Musselman 205 River Oaks Road Altavista, VA 24517 31 Woodland Road Bloomfield, NJ 07003 2542 Belle Avenue, NE Roanoke, VA 24012 2544 Belle Avenue, NE Roanoke, VA 24012 2546 Belle Avenue, NE Roanoke, VA 24012 2548 Belle Avenue, NE Roanoke, VA 24012 2550 Belle Avenue, NE Roanoke, VA 24012 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 28th day of December, 1998. ~ .? / ' - Notary eub~-c: My Commission expires: 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 December 22, 1998 SANDRA H. EAKIN Deputy City Clerk File #51 Gilbert E. Butler, Jr., Chair City Planning Commission 3406 Exeter Street, S. W. Roanoke, Virginia 24014 Dear Mr. Butler: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as mended, I am enclosing copy of a First Amended Petition from C. Shireen Kirk and J. Alexander Boone, Attorneys, representing John G. and Kathryn L. McLeod, requesting that a tract of land located at 2619 Belle Avenue, N. E., identified as Official Tax Nos. 3410302 - 3410307, inclusive, be rezoned from RM-1, Residential Multifamily District, Low Density District, to C-l, Office District, subject to certain proffered conditions. MFP:Io Enclosure Sincerely, Mary F. Parker, CMC/AAE City Clerk pc: The Honorable Mayor and Members of the Roanoke City Council C. Shireen Kirk and J. Alexander Boone, Attorneys, Flippin, Densmore, Morse, Rutherford & Jessee, Drawer 1200, 10 South Jefferson Street, Suite 1800, Roanoke, Virginia 24006 Evelyn S. Lander, Acting Chief, Planning and Community Development Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney N:\CKLO 1 '~EZONING, 98~MCLP..~D.WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Rezoning of a tract known as 2619 Belle Avenue, ) City of Roanoke, Virginia ) Official TaxNumbers 3410307, 3410306, 3410305, ) 3410304, 3410303 and 3410302, from RM-1; ) Residential Multifamily, to C-1; Office District, ) such rezoning to be subject to certain conditions ) FIRST AMENDED PETITION TO :t_~ REZONE ~" TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: Your Petitioners, John G. McLeod and Kathryn L. McLeod, are the contract purchasers from Wholelife Ministries and Worship Center, Inc., owner of land in the City of Roanoke containing 3.83 acres, more or less, located at 2619 Belle Avenue, N.E., Roanoke, Virginia, Tax Map Numbers 3410307, 3410306, 3410305, 3410304, 3410303 and 3410302. Said tract is currently zoned RM-1; Residential Multifamily. A map of the property to be rezoned is attached as Exhibit A. Pursuant to Article VII of Chapter 36.1-0690, Code of the City of Roanoke (1979), as amended, the Petitioners, with the Property owner's consent, attached as Exhibit D hereto, request that the said property be rezoned from RM- 1; Residential Multifamily to C-l; Office District, subject to certain conditions set forth below, for the purpose of the operation of a child care center, as detailed on Exhibit B attached hereto. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will provide for use of the property that is beneficial to and consistent with other uses in the area. The Petitioners hereby proffer and agree that if the said property is rezoned as requested, that the rezoning will be subject to, and that the Petitioners will abide by, the following conditions: 1. The property will be developed in substantial conformity with the development plan prepared by Lumsden & Associates dated November 9, 1998, a copy of which is attached to the Petition to Rezone as Exhibit B, subject to any changes required by the City during site plan review. 2. The property shall be used only for a day care center with unlimited capacity subject to Section 36.1-510 et seq. of the Code of the City of Roanoke (1979), as amended. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. This Petition to Rezone is filed in order to comply with the conditions required by the Planning Commission at the public hearing of this matter on January 6, 1999. WHEREOF, the Petitioners requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. 2 Respectfully submitted this ~ I¢ day of December 1998. Respectfully submitted, Ji~OHNT~. MCLEOD / C. Shireen Kirk (Va. Bar I.D. No. 28959) J. Alexander Boone (Va. Bar I.D. No. 39014) Flippin, Densmore, Morse, Rutherford & Jessee Drawer 1200 10 South Jefferson Street, Suite 1800 Roanoke, Virginia 24006 (540) 510-3000 0108-014 NOTICE OF PUBLIC HEARING BEFORE THE. RC~ANo~ CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, January 6, 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 John G. McLeod and Kathryn L. McLeod, repesented by C. Shireen Kirk and J. Alexander Boone, attorneys, that a tract of land containing approximately 3.83 acres, located at 2619 Belle Avenue, N.E., and identified by Official Tax Nos. 3410302, 3410303, 3410304, 3410305, 3410306 and3410307, be rezoned from RM-1, Residential Multifamily, Low Density District, to C-l, Office District, such rezoning to be subject to certain conditions proffered by the petitioner. 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, December 22, 1998 and Tuesday, December 29, 1998 Please bill: Alexander Boone Flippin, Densmore, Morse, Rutherford & Jessee :300 First Campbell Square Drawer 1200 Roanoke, VA 24006 (540) 510-3000 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, S.W., Room 456 Roanoke, Virginia 2401 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 December 15, 1998 SANDRA H. EAKIN Deputy City Clerk File #51 Gilbert E. Butler, Jr., Chair City Planning Commission 3406 Exeter Street, S. W. Roanoke, Virginia 24014 Dear Mr. Butler: 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 C. Shireen Kirk and J. Alexander Boone, Attorneys, representing John G. and Kathxyn L. McLeod, requesting that a tract of land located at 2619 Belle Avenue, N. E., identified as Official Tax Nos. 3410302 - 3410307, inclusive, be rezoned from RM-1, Residential Multifamily District, Low Density District, to C-l, Office District, subject to certain proffered conditions. SHE:lo Sincerely, Sandra H. Eakin Deputy City Clerk Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council C. Shireen Kirk and J. Alexander Boone, Attorneys, Flippin, Densmore, Morse, Rutherford & Jessee, Drawer 1200, 10 South Jefferson Street, Suite 1800, Roanoke, Virginia 24006 Evelyn S. Lander, Acting Chief, Planning and Community Development Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner' Steven J. Talevi, Assistant City Attorney H:~EZONING. 98~MCLEOD. WPD IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRG1NIA Rezoning of a tract known as 2619 Belle Avenue, ) City of Roanoke, Virginia ) Official Tax Numbers 3410307, 3410306, 3410305, ) 3410304, 3410303 and 3410302, from RM-1; ) Residential Multifamily, to C-1; Office District, ) such rezoning to be subject to certain conditions ) PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: Your Petitioners, John G. McLeod and Kathryn L. McLeod, are the contract purchasers from Wholelife Ministries and Worship Center, Inc., owner of land in the City of Roanoke containing 3.83 acres, more or less, located at 2619 Belle Avenue, N.E., Roanoke, Virginia, Tax Map Numbers 3410307, 3410306, 341(}305, 3410304, 3410303 and 3410302. Said tract is currently zoned RM-1; Residential Multithmily. A map of the property to be rezoned is attached as Exhibit A. Pursuant to Article VII of Chapter 36.1-0690, Code of the City of Roanoke (1979), as amended, the Petitioners, with the Property owner's consent, attached as Exhibit D hereto, request that the said property be rezoned from RM- 1; Residential Multifamily to C-1; Office District, subject to certain conditions set forth below, for the purpose of the operation of a child care center, as detailed on Exhibit B attached hereto. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will provide for use of the property that is beneficial to and consistent with other uses in the area. The Petitioners hereby proffer and agree that if the said property is rezoned as requested, that the rezoning will be subject to, and that the Petitioners will abide by, the following conditions: 1. The property will be developed in substantial conformity with the concept plan prepared by Lumsden & Associates dated November 9, 1998, a copy of which is attached to the Petition to Rezone as Exhibit B, subject to any changes required by the City during site plan review. 2. That if the property is not opened and operated as a child care center within three (3) years from the date of final zoning approval, the zoning shall revert to RM-1 without further action by City Council. 3. John G. McLeod and Kathryn L. McLeod or their successor(s) in interest shall be responsible for ground maintenance and upkeep on the site. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. This Petition to Rezone is filed in order to comply with the conditions required by the Planning Commission at the public hearing of this matter on January 6, 1999. 2 WHEREOF, the Petitioners requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. d Respectfully submitted this //~ ~day of December 1998. Respectfully submitted, JOHN G. MCLEOD KATHRYN&. MCLEOD ~ of-Counsel ~ C. Shireen Kirk (Va. Bar I.D. No. 28959) J. Alexander Boone (Va. Bar I.D. No. 39014) Flippin, Densmore, Morse, Rutherford & Jessee Drawer 1200 10 South Jefferson Street, Suite 1800 Roanoke, Virginia 24006 (540) 510-3000 0108-014 EXHIBIT C TAX NUMBER 34103O8 3410319 3410318 3410317 3410316 3410315 3410311 3410324 3410101 RICHARDSON, KATHLEEN W. 4150 RICHARDSON DR. ROANOKE, VA 24019 LIPCOMB, LEON & MARY 2616 KING ST., N.E. ROANOKE, VA 24012 JONES, DAVID 2612 KING ST., N.E. ROANOKE, VA 24012 CHITTUM, MELVIN F. 2604 KING ST., N.E. ROANOKE, VA 24012 WHEELER, DON & ELIZABETH 2524 KING ST. ROANOKE, VA 24012 BROWN, ROBERT MICHAEL 2516 KING ST., N.E. ROANOKE, VA 24012 WEST, GENE 101 WALNUT AVE. # 1 VINTON, VA 24179 WEST, GENE 101 WALNUT AVE. # 1 VINTON, VA 24179 TAYLOR, LURTY II 4038 POPLAR GROVE DR. VINTON, VA 24179 3410323 BLANKENSHIP, MATTHEW & SHARON 126A WATERGATE DR. LYNCHBURG, VA 24501 3410301 WEST, BETTY L. 3020 ASHWOOD CIR. #152 ROANOKE, VA 24012 / ,¥ / / / / / / / / / i Consent of Property Owner The undersigned owner of record of the Property which is the subject of the Petition to Rezone by John G. McLeod and Kathryr~.~, L. McLeod, contract purchaser of the Property by Contract of Sale dated October 16, 1998, hereby indicates its consent to the contract purchaser's Petition to Rezone the Property from RM-1, Residential Multifamily to C-1, Commercial District. WHOLELIFE MINISTRIES AND WORSHIP CENTER, INC MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Virginia 2401 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 March 3, 1999 File #51 SANDRA H. EAKIN Deputy Cit~, Clerk Laura M. Holbrook, Esq. Bersch & Rhodes, P. C. 640 Crestar Plaza Roanoke, Virginia 24011 Dear Ms. Holbrook: I am enclosing copy of Ordinance No. 34183-030199 rezoning a tract of land lying on the westerly side of Grandin Road, S. W., located at 1711 Grandin Road, identified as Official Tax No. 1440607, from RM-2, Residential Multifamily District, Medium Density District, to C-1, Office District, subject to the proffers contained in the First Amended Petition filed in the City Clerk's Office on December 23, 1998. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Tuesday, February 16, 1999, also adopted by the Council on second reading on Monday, March 1, 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 pc: Ms. Courtney L. Holland, 2024 Windsor Avenue, S. W., Roanoke, Virginia 24015 Mr. E. Dickson Watts and Ms. Carmella J. White, 1701 Grandin Road, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Delford L. Cole, 1719 Grandin Road, S. W., Roanoke, Virginia 24015 Shenandoah Building Associates, L. P., 305 First Street, S. W., Suite 500, Roanoke, Virginia 24011 Grandin Village Apartments Limited Partnership, 30 Franklin Road, Suite 800, Roanoke, Virginia 24011 Lindymack Corp., 1711 Grandin Road, S. W., Roanoke, Virginia 24015 Barbara N. Duerk, Chair, City Planning Commission, 2607 Rosalind Avenue, S. W., Roanoke, Virginia 24014 Laura M. Holbrook March 3, 1999 Page 2 pc~ W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., 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 H. Miller, Building Commissioner Evelyn S. Lander, Chief, Planning and Community Development A:YMARICOR.WPD 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1999. No. 34183-030199. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 144, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, Lindymack Corporation, have made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM- 1, Residential Multifamily, Low Density District, to C-l, Office District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public heating was held by City Council on said application at its meeting on February 16, 1999, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which heating all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public heating, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1- 3, Code of the City of Roanoke (1979), as amended, and Sheet No. 144 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That certain tract of land lying on the westerly side of Grandin Road, located at 1711 Grandin Road, S.W., and designated on Sheet No. 144 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 1440607, be, and is hereby rezoned from RM-2, Residential Multifamily, Medium Density District, to C-l, Office District, subject to the proffers contained in the First Amended Petition filed in the Office of the City Clerk on December 23, 1998, and that Sheet No. 144 of the Zone Map be changed in this respect. ATTEST: City Clerk. H:\ORD-KRZ\O-LrNDY '99 ~ 22 1,2:59 Roanoke City Planning Commission February 16, 1999 The Honorable David A. Bowers, Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Request from Lindymack Corporation, a real estate holding company represented by Laura M. Holbrook ofBersch & Rhodes, P.C., that property located at 1711 Grandin Road, S.W., Official Tax No.1440607, be rezoned from RM-2, Residential Multifamily District, Medium Density District, to C-l, Office District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Current situation is as follows: mo Purpose of rezoning request is to change the zoning classification of one parcel, comprising 0.367 acre, more or less, into a zoning classification that would permit the existing structure to be used as corporate and administrative offices for Castle Sands, of New Castle, Virginia, a locally owned sand-mining company. The business would have from three to five employees. Bo Petition to rezone was filed on December 10, 1998. Amended petition to rezone was filed December 23, 1998. The following conditions were proffered by the petitioner: The property will be developed in substantial conformity with the "Conceptual Plan for Lindymack Corp." prepared by Corbin White of Caldwell White Associates, Engineers, Surveyors, and Planners, dated December 8, 1998, a copy of which is attached as Exhibit B. All lighting on the property shall consist of fixtures designed with shields that prevent illumination of the adjoining residential neighborhood. No lights which flash or rotate shall be permitted. Only one (1) sign no larger than twelve (12) square feet shall be erected on the property. Any sign erected on the property, whether attached to the building or free-standing, shall be constructed of wood or a material resembling wood. Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 Members of Council Page 2 All parking spaces will be located to the rear and sides of the existing building and not to the front of the building. The architectural style of the exterior of the building shall be maintained in substantial conformity with its existing appearance as documented in color photographs of each side of the building which are attached as Exhibits D-1 through D-4. 6. The property to be rezoned will not be used as a day care center. The property to be rezoned will not be used as either a medical clinic or a medical office. Co Planning Commission public hearing was held January 6, 1999. Ms. Laura M. Holbrook, attorney, appeared before the commission on behalf of the petitioner. Ms. Holbrook noted that Castle Sands would be renting the property from the Lindymack Corporation. She said that the structure would be used for administrative offices and that no foot traffic was expected. She stated that screening requirements had been addressed in the site plan and that proffers addressed concerns of the neighborhood organization, the Greater Raleigh Court Civic League, as well as planning staff. Adjoining property owners had been contacted and she had heard no objections to the rezoning, she said. Tam Roop, City Planner, appeared before the Commission and stated that there were mixed land uses surrounding subject property. She said that the petitioner had been very responsive to issues raised by staff and the neighborhood organization and that all issues had been addressed in the amended petition. She noted, also, that traffic to and from the site was expected to be minimal. Ms. Roop said that staff had not received any comments from adjacent property owners or the neighborhood organization. Staff recommended approval of the proposed rezoning, she said, finding that neighborhood character and environmental quality would be protected, changes in land use would be designed to conserve neighborhood quality and that the impacts of commercial uses would be minimized. II. Issues are as follows: Zoning of the subject property is RM-2, Residential Multifamily District, Medium Density District. The surrounding zoning pattern is as follows: to the north is C- 1, Office District, and RM-1, Residential Multifamily District, Low Density District; to the south is RM-2; to the east is RM-2 and RS-3, Residential Single- Family District; and to the west is RM-2 and RM-1. Members of Council Page 3 Bo Land use surrounding the subject property is as follows: to the north, adjoining the parcel, are a financial corporation and, across Windsor Avenue, a nursing home; to the south are a residence, a day care center and a post office; to the east are apartment buildings and single-family homes; and to the west are single-~ family and multifamily residences. Future land use(s) of subject property is an issue in terms of the impacts of such uses on the adjacent residential areas. Petitioner met with officers of the Greater Raleigh Court Civic League to obtain their input prior to submitting the rezoning request. As a result of neighborhood organization's input and staff's recommendations, petitioner has proffered the site plan and that the property will not be used as a day care center or a medical office or clinic. Other issues and relevant proffers are noted below. Co The requirement for the provision of a landscaped buffer between commercial and residentially zoned properties has been addressed in petitioner's site plan and by way of consultation with the city's Development Review Coordinator (in lieu of the Zoning Administrator who was unavailable due to illness). New and existing fencing, as specified on the site plan, will provide buffering on the south side of the property where the asphalt driveway of subject property abuts the neighboring residential property. At the rear of the property (northwest side), the existing garage and carport will provide screening along part of the boundary with the adjacent residence; along the remainder of the boundary, a 1 O-foot wide landscaped buffer will be installed consisting of dense evergreens, a minimum of six feet high. Do Exterior lighting has been addressed by petitioner's proffer: there will be no lighting used which illuminates the adjoining residential areas. mo Signage has been addressed by petitioner's proffer: there is a limitation of one sign no larger than 12 square feet and sign materials will be wood or wood-like. The architectural integrity of the main structure on subject property, a former residence which was built in 1925, has been addressed by petitioner's proffer: the exterior of the building is to be maintained in substantial conformity with its current appearance. Go Access to the property currently is, and would remain, by way a driveway off Grandin Road, leading to a ten-space parking lot at the rear of the building. Traffic generation would not be an issue due to the fact that the business would have a maximum of five employees; petitioner has said there will be no outside customers. The City Traffic Engineer has reviewed the rezoning application Members of Council Page 4 package and stated that, based on the proposed use, no appreciable change in traffic is expected. Neighborhood organization for this area is the Greater Raleigh Court Civic League. Petitioner has met with the neighborhood organization. No comments regarding this petition were received from the neighborhood organization or from adjoining property owners. J. Comprehensive Plan recommends that: 1. Neighborhood character and environmental quality should be protected; Changes in land use or new development in or near residential areas should be carefully evaluated and designed to conserve and enhance neighborhood quality; and o The quality of commercial/industrial development should be improved and impacts on adjacent residential uses should be minimized. III. Altematives are as follows: A. City Council approve the rezoning request. Zoning would become conditional C-l, Office District, and the proposed use of the site as administrative/corporate offices for the Castle Sands Company would be allowed. Land use would be for general and professional offices or other uses allowed in the C-1, Office District, with the exception of day care centers, medical offices and medical clinics which uses petitioner has restricted by way of proffers. o Landscaped buffering, or fencing in lieu of vegetative buffer, would be provided, as required, between the proposed commercial use and adjacent residential uses. Exterior lighting would be minimal and not impact the adjoining neighborhood, as proffered by the petitioner. o Signage would be minimal and not impact or detract from the adjoining neighborhood, as proffered by the petitioner. The existing architectural integrity/style of the existing structurc would be maintained as proffered by petitioner (including proffering of site plan). Members of Council Page 5 7. Access to and from the site would be by way of the existing driveway off Grandin Road. 8. Traffic would not be an issue. 9. Neighborhood organization should not be an issue since petitioner has addressed the organization's concerns by way of proffers. 10. Comprehensive Plan would be followed. B. City Council deny the rezoning request. 1. Zoning of the subject property would remain RM-2 and proposed use of the property would not be allowed. 2. Land use would remain residential (single-, two- or multifamily). 3. Buffering would not be an issue. 4. Exterior lighting would not be an issue. 5. Signage would not be an issue. 6. Retention of the residence's architectural integrity/style could be an issue. 7. Access would not be an issue. 8. Traffic would not be an issue. 9. Neighborhood would be unchanged. 10. Comprehensive plan issues as set forth could be followed at a later date. Recommendation: The Planning Commission, by a vote of 5 - 0 (Mr. Hill and Mr. Manetta absent), recommended approval of the requested rezoning. IV. Respectfully submitted, Barbara N. Duerk, Chairman Roanoke City Planning Commission Members of Council Page 6 ESL:TR:mpf attachments cc: Assistant City Attorney Petitioner's Agent IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: ) Rezoning of a tract of land lying ) on the westerly side of Grandin ) Road, located at 1711 Grandin Road, ) S.W. and identified as Tax Map No. ) 1440607, from RM-2, Residential ) Multifamily, Medium Density ) District, to C-I, Office District, ) such rezoning to be subject to ) certain conditions. ) FIRST AMENDMENT TO PETITION TO REZONE THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL: LAW OFFICES '3ERSCH & RHODES ROANOKE VIRGINIA The Petitioner, Lindymack Corp., a Virginia corporation, by its legal counsel, Laura M. Holbrook, files this First Amendment to Petition to Rezone and states as follows: 1. The Petitioner is the owner of'land in the City of Roanoke containing approximately 0.367 acre, more or less, located at 1711 Grandin Road, S.W., identified as Tax Map No. 1440607. The property is currently zoned RM-2, Residential Multifamily, Medium Density District. A map of the property to be rezoned is attached as Exhibit A. 2. Pursuant to Section 36.1-690 of the Code of the City of Roanoke (1979), as amended (the "City Code"), the Petitioner requests that the property be rezoned from RM-2, Residential Multifamily, Medium Density District to C-i, Office District, subject to certain conditions set forth below, for the purpose of ting the Petitioner to use the building located on the property for an office with approximately five (5) employees. 3. The Petitioner believes that the rezoning of this tract of land, subject to certain conditions set forth below, will LAW OFFICES BERSCH & RHODES ROANOKE VIRGINIA further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that: (a) the rezoning will allow limited commercial use of the property without changing the essential character of the structure, a private residence built in the year 1925; (b) the rezoning will not alter the existing character of the neighborhood, which is a blend of single-family and multifamily dwellings bordered by areas of commercial use. Grandin Road, the street on which the property is located, is the main commercial corridor in this part of the neighborhood, and the block on which the property is located contains a post office, a day care center and an office building; and (c) the requested rezoning would extend an existing district boundary since the property to be rezoned abuts, on the northerly side, a lot which is zoned C-l, Office District, and which contains a building housing both Phoenix Financial Corporation and Lifestream Center. 4. The Petitioner has sought and received input from the Greater Raleigh Court Civic League, as well as the City Planning Department, regarding the attachment of conditions to this rezoning request. The Petitioner hereby proffers and agrees that if the tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: (a) The property will be developed in substantial 2 LAW OFFICES BERSCH A, RHODES ROANOKE VIRGINIA conformity with the site plan for Lindymack Corp. prepared by Corbin White of Caldwell White Associates, Engineers, Surveyors, and Planners, dated December 8, 1998, a copy of which is attached as Exhibit B. (b) All lighting on the property shall consist of fixtures designed with shields that prevent illumination of the adjoining residential neighborhood. No lights which flash or rotate shall be permitted. (c) Only one (1) sign no larger than twelve (12) square feet shall be erected at any location on the property. Any sign erected on the property, whether attached to the building or free-standing, shall be constructed of wood or a material resembling wood. (d) All parking spaces will be located to the rear and sides of the existing building and not to the front of the building. (e) The architectural style of the exterior of the building shall be maintained in substantial conformity with its existing appearance as documented in color photographs of each side of the building which are attached as Exhibits D-1 through D-4. (f) The property to be rezoned will not be used as a day care center. (g) The property to be rezoned will not be used as either a medical clinic or a medical office. 5. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner, by its legal counsel, re~ests 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 23rd day of Dece~er, 1998. Respectfully submitted, LI~Y~C~CORP~, a ~rginia corporation o I'~ounsel for the Petitioner Laura M. Holbrook, Esq., VSB #38945 Bersch & Rhodes, P.C. 640 Crestar Plaza Roanoke, VA 24011 (540) 345-7400 Counsel for Petitioner LAW OFFICES~ EIERSCH & RHODES ROANOKE VIRGINIA _ADJOINING PROPERTY OWNER LISTINC: Address of Subject Property: Applicant's Name: 1711Grandin Road, S.W. Roanoke VA, 24015 Tax Map No. 1440607 Currently owned by: Lindymack Corp., a Virginia corporation Lindymack Corp., a Virginia corporation .ADJOINING PROPERTY OWNERS The property owners who own property beside, behind or across the street from the subject property noted above are listed as follows: Official Tax No.: 1440605 1440606 14'40608 1440702 1440704 Qwner's Name and Mai~inq Address: Courtney L. Holland 2024 Windsor Avenue, S.W. Roanoke, VA 24015 E. Dickson Watts Carmella J. White 1701 Grandin Road, S.W'. Roanoke VA 24015 Delford L. Cole Evelyn M. Cole 1719 Grandin Road, S.W. Roanoke VA 24015 Shenandoah Building Associates, L.P. 305 First Street, S.W., Suite 500 Roanoke, VA 24011 Grandin Village Apartments Limited Partnership 30 Franklin Road, Suite 800 Roanoke, VA 24011 Ad Number: 1065585 Publisher's Fee: $68.02 BERSCH & RHODES, P.C. P.O. BOX 1529/LAURA HOLB SUITE 640, CRESTAR PLAZA ROANOKE, VA 24007 The Roanoke Times STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION i, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of The Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 01/28/99 FULL RUN - Thursday 01/28/99 FULL RUN - Thursday Witness, this 1st day of February 1999 Authorized Signature NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Tuesday, February 16, 1999, at 7:00 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question ofrezoning from RM-2, Residential Multifamily, Medium Density District, to C-1, Office District, the following property: That certain tract of land lying on the westerly side of Grandin Road, located at 1711 Grandin Road, S.W., and bearing Official Tax Map No. 1440607, subject to certain proffered conditions. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 2array of .~,,~-y ,19_0_0 Mary F. Parker, City Clerk. H:XNOTICE~N-L1NDY 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 February 1, 1999 File #51 Laura M. Holbrook, Esq. Bersch & Rhodes, P. C. 640 Crestar Plaza Roanoke, Virginia 24011 Dear Ms. Holbrook: 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 Tuesday, February 16, 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 Lindymack Corp., that a tract of land lying on the westerly side of Grandin Road, located at 1711 Grandin Road, S. W., identified as Official Tax No. 1440607, be rezoned from RM-2, Residential Multifamily District, Medium Density District, to C-l, Office District, subject to certain conditions proffered by the petitioner. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance and a report of the City Planning Commission with regard to the matter. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 853-2431. Questions with regard to the City Planning Commission report should be directed to the Department of Planning and Community Development at 853-2344. It will be necessary for you, or your representative, to be present at the February 16 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, d ~ F~ p~r, CMc/AAE Mary P 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 February 1, 1999 SANDRA H. EAKIN Deputy City Clerk File #51 Lindymack Corp. Ms. Courtney L. Holland Mr. E. Dickson Watts Ms. Carmelia J. White Mr. and Mrs. Delford L. Cole Shenandoah Building Associates, L. P. Grandin Village Apartments Limited Partnership Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Tuesday, February 16, 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 Lindymack Corp., that a tract of land lying on the westerly side of Grandin Road, located at 1711 Grandin Road, S. W., identified as Official Tax No. 1440607, be rezoned from RM-2, Residential Multifamily District, Medium Density District, to C-l, Office District, subject to certain conditions proffered by the petitioner. 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 owaaer 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. ~ ~,~ ~.. f~l.,~.Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io 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 December 29, 1998 SANDRA H. EAKIN Deputy City Clerk File #51 Gilbert E. Butler, Jr., Chair City Planning Commission 3406 Exeter Street, S. W. Roanoke, Virginia 24014 Dear Mr. Butler: 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 submitted'by Laura M. Holbrook, Attorney, representing Lindymack Corp., requesting that a tract of land lying on the westerly side of Grandin Road, located at 1711 Grandin Road, S. W., identified as Official Tax No. 1440607, be rezoned from RM-2, Residential Multifamily District, Medium Density District, to C-1, Office District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:lo Enclosure pc~ The Honorable Mayor and Members of the Roanoke City Council Laura M. Holbrook, Attorney, Bersch & Rhodes, P. C., 640 Crestar Plaza, Roanoke, Virginia 24011 Evelyn S. Lander, Acting Chief, Planning and Community Development Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney LAW OFFICES BErSCh & RhODeS ROANOKE. VIRGINIa ~ ~ ~; ~ i~' ~;~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: ) Rezoning of a tract of land lying ) on the westerly side of Grandin ) Road, located at 1711 Grandin Road, ) S.W. and identified as Tax Map No. ) 1440607, from RM-2, Residential ) Multifamily, Medium Density ) District, to C-l, Office District, ) such rezoning to be subject to ) certain conditions. ) FIRST AMENDMENT TO PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL: The Petitioner, Lindymack Corp., a Virginia corporation, by its legal counsel, Laura M. Holbrook, files this First Amendment to Petition to Rezone and states as follows: 1. The Petitioner is the owner of land in the City of Roanoke containing approximately 0.367 acre, more or less, located at 1711 Grandin Road, S.W., identified as Tax Map No. 1440607. The property is currently zoned RM-2, Residential Multifamily, Medium Density District. A map of the property to be rezoned is attached as Exhibit A. 2. Pursuant to Section 36.1-690 of the Code of the City of Roanoke (1979), as amended (the "City Code"), the Petitioner requests that the property be rezoned from RM-2, Residential Multifamily, Medium Density District to C-i, Office District, subject to certain conditions set forth below, for the purpose of permitting the Petitioner to use the building located on the property for an office with approximately five (5) employees. 3. The Petitioner believes that the rezoning of this tract of land, subject to certain conditions set forth below, will LAW OFFICES BERSCh & RHODES ROANOKE. V~RGIN~A further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that: (a) the rezoning will allow limited commercial use of the property without changing the essential character of the structure, a private residence built in the year 1925; (b) the rezoning will not alter the existing character of the neighborhood, which is a blend of single-family and multifamily dwellings bordered by areas of commercial use. Grandin Road, the street on which the property is located, is the main commercial corridor in this part of the neighborhood, and the block on which the property is located contains a post office, a day care center and an office building; and (c) the requested rezoning would extend an existing district boundary since the property to be rezoned abuts, on the northerly side, a lot which is zoned C-i, Office District, and which contains a building housing both Phoenix Financial Corporation and Lifestream Center. 4. The Petitioner has sought and received input from the Greater Raleigh Court Civic League, as well as the City Planning Department, regarding the attachment of conditions to this rezoning request. The Petitioner hereby proffers and agrees that if the tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: (a) The property will be developed in substantial LAW OFFICES BERSCh & RHODES ROANOKE. VIRGINIA conformity with the site plan for Lindymack Corp. prepared by Corbin White of Caldwell White Associates, Engineers, Surveyors, and Planners, dated December 8, 1998, a copy of which is attached as Exhibit B. (b) All lighting on the property shall consist of fixtures designed with shields that prevent illumination of the adjoining residential neighborhood. No lights which flash or rotate shall be permitted. (c) Only one (1) sign no larger than twelve (12) square feet shall be erected at any location on the property. Any sign erected on the property, whether attached to the building or free-standing, shall be constructed of wood or a material resembling wood. (d) All parking spaces will be located to the rear and sides of the existing building and not to the front of the building. (e) The architectural style of the exterior of the building shall be maintained in substantial conformity with its existing appearance as documented in color photographs of each side of the building which are attached as Exhibits D-1 through D-4. (f) The property to be rezoned will not be used as a day care center. (g) The property to be rezoned will not be used as either a medical clinic or a medical office. 5. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property 3 LAW OFFICES BERSCh & RHODES ROANOKE. VIRGINIA immediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner, by its legal counsel, 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 23rd day of Dece~er, 1998. Respectfully submitted, LINDY~C~ORPA, a ~rginia ~a4:u.~. Holbrook, ~ounsel for the Petitioner corporat ion Laura M. Holbrook, Esq., VSB #38945 Bersch & Rhodes, P.C. 640 Crestar Plaza Roanoke, VA 24011 (540) 345-7400 Counsel for Petitioner 4 ADJOINING PROPERTY OWNER LISTING: Address of Subject Property: Applicant's Name: 1711 Grandin Road, S.W. Roanoke VA, 24015 Tax Map No. 1440607 Currently owned by: Lindymack Corp., a Virginia corporation Lindymack Corp., a Virginia corporation ADJOINING PROPERTY OWNERS The property owners who own property beside, behind or across the street from the subject property noted above are listed as follows: Official Tax No.: 1440605 1440606 14'40608 1440702 1440704 Owner's Name and Mai~linq Address: Courtney L. Holland 2024 Windsor Avenue, S.W. Roanoke, VA 24015 E. Dickson Watts Carmella J. White 1701 Grandin Road, S.W'. Roanoke VA 24015 Delford L. Cole Evelyn M. Cole 1719 Grandin Road, S.W. Roanoke VA 24015 Shenandoah Building Associates, L.P. 305 First Street, S.W., Suite 500 Roanoke, VA 24011 Grandin Village Apartments Limited Partnership 30 Franklin Road, Suite 800 Roanoke, VA 24011 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA - 5 '5 5- PERTAINING TO THE REZONING REQUEST OF: Lindymack Corporation for property located at 1711 Grandin Roa'~,~STM Official Tax No. 1440607, from RM-2, to C-l, conditional ) )Affidavit COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly swom, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 28th day of December, 1998, notices of a public hearing to be held on the 6th day of January, 1999, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel 1440605 1440606 1440608 1440702 1440704 Owner's Name Courtney L. Holland E. Dickson Watts Carmella J. White Delford and Evelyn Cole Shenandoah Building Associates Grandin Village Apartments, LP Mailing Address 2024 Windsor Avenue, S.W. Roanoke, VA 24015 1701 Grandin Road, SW Roanoke, VA 24015 1719 Grandin Road, SW Roanoke, VA 24015 305 First Street, S.W., Ste 500 Roanoke, VA 24011 30 Franklin Road, SW, Ste 800 Roanoke, VA 24011 Martha Pace Franklin SUBSCRIBED AND SWORN to/gbefore me, a Notary Public, in the City of Roanoke, Virginia, this 28th day of December, 1998. / / .? · Notary Public ' My Commission expires: NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSIO~ TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, January 6, 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 Lindymack Corporation, represented by Laura M. Holbrook, attorney, that a tract of land containing approximately 0.367 acre, more or less, located at 1711 Grandin Road, S.W., and identified by Official tax No. 1440607, be rezoned from RM-2, Residential Multifamily, Medium Density District, to C-1, Office District, such rezoning to be subject to certain conditions proffered by the petitioner. 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, December 22, 1998 and Tuesday, December 29, 1998 Please bill: 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, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 December 15, 1998 SANDRA H. EAKIN Deputy City Clerk File #51 Gilbert E. Butler, Jr., Chair City Planning Commission 3406 Exeter Street, S. W. Roanoke, Virginia 24014 Dear Mr. Butler: 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 Laura M. Holbrook, Attorney, representing Lindymack Corp., requesting that a tract of land lying on the westerly side of Grandin Road, located at 1711 Grandin Road, S. W., identified as Official Tax No. 1440607, be rezoned from RM-2, Residential Multifamily District, Medium Density District, to C-1, Office District, subject to certain proffered conditions. SHE:lo Sincerely, Sandra H. Eakin Deputy City Clerk Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Laura M. Holbrook, Attorney, Bersch & Rhodes, P. C., 640 Crestar Plaza, Roanoke, Virginia 24011 Evelyn S. Lander, Acting Chief, Planning and Community Development Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney H:~REZONING.98~IOLBROOK WPD MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 March 3, 1999 File #514 SANDRA H. EAKIN Deputy City Clerk William E. Callahan, Jr., Esq. Magee, Foster, Goldstein & Sayers, P. C. P. O. Box 404 Roanoke, Virginia 24003-0404 Dear Mr. Callahan: I am enclosing two copies of Ordinance No. 34184-030199 permanently vacating, discontinuing and closing a certain alley located between the 900 blocks of Shenandoah Avenue and Centre Avenue, N. W. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Tuesday, February 16, 1999, also adopted by the Council on second reading on Monday, March 1, 1999, and will be in full force and effect ten days following the date of its second reading. Upon meeting all conditions to the granting of the application for alley closure, it will be necessary for you to deliver to the Clerk of the Circuit Court of the City of Roanoke, a certified copy of the abovereferenced ordinance for recordation in the Clerk's Office, to pay such fees and charges as are required by the Clerk to effect the recordation, and to file with the City Engineer the Clerk's receipt demonstrating that recordation has occurred. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure Mr. Andrew L. Roberts, III, 306 Third Street, S. W., Roanoke, Virginia 24011 Mr. Thomas A. Powell, cio B. P. Harvey, 2511 Meadowbrook Road, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Arthur Powell, cio B. P. Harvey, 2511 Meadowbrook Road, N. W., Roanoke, Virginia 24017 William E. Callahan, Jr. March 3, 1999 Page 2 pc~ Virginia Department of Transportation, 714 South Broad Street, Salem, Virginia 24153 Mr. Wayne Ayers and Mr. Richard Ayers, 6893 Campbell Drive, Salem, Virginia 24153 Mr. Richard B. James, RR 2, Box 94, Penhook, Virginia 24137 Ms. Rosa W. Miller, 303 Rutherford Avenue, N. W., Roanoke, Virginia 24016 Mr. Ezra M. Jones, cio Ms. Abie Pullins, 3002 Lorraine Road, Roanoke, Virginia 24017 Ms. Barbara M. Bowe, cio Mr. Bob Geverkian, 3968 Sterling Road, S. W., Roanoke, Virginia 24014 Ms. Natalie Foster, cio Mr. Andrew Roberts, 711 5th Street, N. E., Roanoke, Virginia 24016 Mr. and Mrs. Wayne Ayers, 6893 Campbell Drive, Salem, Virginia 24153 Liberty Investment, cio Mr. Wayne Ayers, 6893 Campbell Drive, Salem, Virginia 24153 Barbara N. Duerk, Chair, City Planning Commission, 2607 Rosalind Avenue, S. W., Roanoke, Virginia 24014 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., 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 H. Miller, Building Commissioner Evelyn S. Lander, Chief, Planning and Community Development Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission J. Thomas Tasselli, Development Review Coordinator Edward R. Tucker, City Planner A:~.AR 1 COR.WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1999. No. 34184-030199. AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. WHEREAS, Lonza Kingery, Joseph Andrews and Mary Andrews filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on February 16, 1999, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That certain alley located between the 900 blocks of Shenandoah Avenue and Centre Avenue, N.W., be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; 2 such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress, over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER 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, 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 months from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. ATTEST: City Clerk. H:\ORD-CLOS\O-kingry 4 Roanoke City Planning Commission February 16, 1999 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Lonza Kingery, Joseph Andrews and Mary Andrews, to close and permanently vacate a public alley as the same lies and extends through the 900 block (block 44) of Shenandoah and Centre Avenues N.W. I. Background: Alley section as requested for closure extends between 9th and 10th streets N.W., and is bounded on the North by Centre Avenue and on the South by Shenandoah Avenue N.W. (see attached map A). Applicants own property abutting the south side of the subject alley identified as tax parcel 2112513 (see attached map A). Applicants' business (927 Shenandoah Ave.) and two residential dwellings ( 918 and 922 Centre Ave.) are the only buildings currently located in this city block. II. Current situation: mo Alley section extends between a total of 18 lots or parcels of land. Only 3 of these lots or parcels are currently occupied by buildings. Co Public right-of-way of this public alley has become a popular dumping site and is currently littered along its west end with old appliances, tires, and other miscellaneous junk. Do Applicant desires to clean up the alley area behind the property at tax parcel number 2112513, and intends to use the land within the vacated alley area as an adjunct to that property. Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 Members of Council Page 2 III. Issues: IV. Roanoke City Planning Commission public hearing was held on Wednesday, January 6, 1999. After presentation by the petitioner's attorney and staff, Mr. Butler, chairman of the Commission, asked for comments from the audience. No one spoke in either support of or in opposition to the requested closure. A. Neighborhood impact. B. Traffic impact. C. Utilities within the public right-of-way. D. Creation of a dead end alley. E. Land use. F. Relationship to the comprehensive plan. Alternatives: City Council approve the applicant's request to close and permanently vacate the described section of public alley, subject to certain conditions as outlined in part V of this report. 1. Neighborhood impact: a. Applicant states that all abutting properties have been notified and are in agreement with this proposed closure and vacation. b. City staff has also notified all abutting property owners (as required by law) and has not to date (12-21-98) received any adverse comments or objections to this proposed closure and vacation. 2. Traffic impact: a. Application has been reviewed by the city traffic engineer. Traffic engineer had no objections to the proposed closure and vacation. b. Closure will have no effect on traffic or traffic needs in the area. 3. Utilities within the public right-of-way: a. City has a sanitary sewer line in the alley right-of-way. Members of Council Page 3 bo American Power and Electric Company has facilities within the alley right-of-way. Co Appropriate easements will be retained for these facilities if the alley is vacated. Creation of a dead end alley. No dead end alley will be created if the alley is vacated as requested. Land use. Vacation will create a long, narrow substandard lot or land strip. Subdivision plat should be required to combine the land within the vacated alley with the abutting properties. o Relationship to the comprehensive plan. Request is consistent with the intent of the comprehensive plan that available land should be used in the most appropriate manner. B° City Council deny the applicant's request to close and vacate the described section of public alley. 1. Neighborhood impact. This would not be an issue. 2. Traffic impact: This would not be an issue. 3. Utilities within the public right-of-way: This would not be an issue. Creation of a dead end alley: Alley is currently a dead end right-of-way by reason of the fact that a large portion of the alley's west end is filled and thus blocked by litter and junk of various kinds. Land use: Alley right-of-way is currently a public eyesore. This situation will remain unchanged. o Relationship to the comprehensive plan. Denial would be inconsistent with the intent of the comprehensive plan as a guide in determining the most appropriate use of available land. V. Recommendation: By a vote of 5-0 (Messrs. Hill and Manetta absent), the Commission recommended that Council approve Alternative A, recommending the described section of public alley, be closed and permanently vacated, subject to the following conditions: Members of Council Page 4 Ao The applicant shall submit to the Agent for the Planning Commission, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. Bo The applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. The applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, in said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. If the above conditions have not been met within a period of six months from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. Respectfully submitted, Barbara N. Duerk, Chairman Roanoke City Planning Commission ERT attachments cc: Assistant City Attorney Attorney for Applicant NI^OE£ Fos'rr~ CwOL.D~N & ,,'.'.'.'.'.'.'.'.~YERS 'PO. B~x 404 Roanoke. Vifgtn~ (540) IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Application of LONZA E. KINGERY, JOSEPH M. ANDREWS, and MARY A. ANDREWS for vacation of alley located between the 900 blocks of Shenandoah Avenue and Centre Avenue ) '~ ) ) ) ) ) ) TO THE HONORABLE MEMBERS OF COUNCIL: counsel, follows: 1. vacated Lonza E. Kingery, Joseph M. Andrews, and Mary A. Andrews, by counsel, apply to have the alley located between the 900 blocks of- Shenandoah Avenue and Centre Avenue, in the City of Roanoke, Virginia, permanently vacated, discontinued, and closed, pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. -This alley is more particularly described on the map attached hereto as Exhibit 1. Lonza E. Kingery, Joseph M. Andrews, and Mary A. Andrews, by state that the grounds for this application are as All landowners whose property adjoins the property to be have been notified and are in agreement with this application. 2. The alley being vacated became a dead-end alley upon the construction of the 10th Street bridge in the early 1980's, and since that time, the alley has fallen into disuse. 3. The alley being vacated has not been maintained by the City of Roanoke, has become overgrown, and has become a dump site. 4. The vacation of the alley will allow the adjacent APPLICATION FOR VACATING, DISCONTINUING, AND CLOSING OF ALLEY LOCATED BETWEEN THE 900 BLOCKS OF SHENANDOAFIAVENUE AND CENTRE AVENUE M.~.G £E. FOSTER. GOLDS'rEiN ~ S~¥ERS EO. Box 4c~4 (540) }47,.98~0 landowners to maintain the property. WHEREFORE, Lonza E. Kingery, Joseph Andrews, and Mary Andrews, by counsel, respectfully reuesCs that the above described alley be vacated, discontinued, and closed by the Council of the City of Roanoke, Virginia, pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. December 10, 1998 Date: Respectfully submitted, LONZA E. KINGERY JOSEPH M. ANDREWS MARY A. ANDREWS William E. . Esq. Virginia State Bar No. 37432 Magee, Foster, Goldstein & Sayers, P.C. P.O. Box 404 Roanoke, VA 24003-0404 (540) 343-9800 \bill\kingery\cloaing. app i~'  -::"~ " 2112404 ' ~ "' .-, 2l 12~05 ~ I~' f12409. AFFECTED PROPERTY OWNE~ 900 Block Shenandoah Avenue, N.W. Tax Map No. 2112513 Lonza E. Kingery c/o William E. Callahan, Jr., Esq. P.O. Box 404, Roanoke, VA 24003-0404 Tax Map No. 2112516 Andrew L. Roberts III 306 First St., S.W., Roanoke, VA 24011 Tax Map No. 2112517 Andrew L. Roberts III 306 First St., S.W., Roanoke, VA 24011 Tax Map No. 2112518 Andrew L. Roberts III 306 First St., S.W., Roanoke, VA 24011 Tax Map No. 2112519 Andrew L. Roberts III 306 First St., S.W., Roanoke, VA 24011 Tax Map No. 2112520 Andrew L. Roberts III 306 First St., S.W., Roanoke, VA 24011 Tax Map No. 2112521 Lonza E. Kingery c/o William E. Callahan, Jr., Esq. P.O. Box 404, Roanoke, VA 24003-0404 Tax Map No. 2112522 Lonza E. Kingery c/o William E. Callahan, Jr., Esq. P.O. Box 404, Roanoke, VA 24003-0404 900 Block Centre Avenue, N.W. Tax Map No. 2112503 Thomas A. Powell c/o Betty P. Harvey 2511 Meadowbrook Rd., NW, Roanoke, VA 24017 Tax Map No. 2112523 Commonwealth of Virginia c/o Resident District Engineer 714 S. Broad St., Salem, VA 24153 Tax Map'No. 2112504 Wa~,e A. Ayers Richard A. Ayers 6893 Campbell Dr., Salem, VA 24153 Tax Map No. 2112505 Arthur & Anne Powell c/o Betty P. Harvey 2511 Meadowbrook Rd, NW, Roanoke, VA 24017 Tax Map No. 2112506 Richard B. James RR 2, Box 94, Penhook, VA 24137 Tax Map No. 2112507 Rosa W. Miller 303 Rutherford Ave., NW, Roanoke, VA 24016 Tax Map No. 2112508 Ezra M. Jones, et al. c/o Abie Pullins, Jr. 3002 Lorraine Rd., Roanoke, VA 24017 Tax Map No. 2112509 Barbara Murray Bowe, et al. c/o Bob Geverkian 3968 Sterling Rd., Roanoke, VA 24014 Tax Map No. 2112510 Natalie R. Foster c/o Andrew L. Roberts 711 5th St., NE, Roanoke, VA 24016 Tax Map No. 2112511 Wayne A. Ayers Lois A. Ayers 6893 Campbell Dr., Salem, VA 24153 Tax Map No. 2112512 Liberty Investment Corp. 'c/o Wayne A. Ayers, President 8893 Campbell Dr., Salem, VA 24153 ALSO SERVE: Northwest Neighborhood Environmental Organization c/o Sushaela Shende, Executive Director 802 Loudon Avenue, N.W. Roanoke, VA 24016 ALLEY-~RE~TED FOR CLOSURE 112409. , 95.0 ,. j-- , j ,',., MAP A Ad Number: 1065557 Publisher's Fee: $62~65 MAGEE, FOSTER, GOLDSTEIN ATTN: KATHLEEN UJLAKI P O BOX 404 ROANOKE, VA 24003-0404 The Roanoke Times STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of The Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 01/28/99 FULL RUN - Thursday 01/28/99 FULL RUN - Thursday Witness, this 1st day of February 1999 Authorized Signature NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Coun~l ~ the ~ty of Roanohe will hold a Pu~lc 16, 1999, at 7.'00 p.m., m' as may be he~d, In the team:# Chambar in the Municipal ~ 225 Chumh Avenue, S.W., on an al~ to per- contiaue and elo~e, to ttm Intemat In amd ~ dilM-of- way, the followlaE public That certain alley located between the 9~) biocks of Stmmmdmm A~mlUe and Cee- tm A~,,ue, N.W. A copy of th~ pr,~,~ ~s avMI- able for pub#c in~metion In the 456, Municipal Building. All on the above date and be (1065557) NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Heating on Tuesday, February 16, 1999, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on an application to permanently abandon, vacate, discontinue and close, to the extent the City has any legal interest in said public tight-of-way, the following public tight-of-way: That certain alley located between the 900 blocks of Shenandoah Avenue and Centre Avenue, N.W. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 28tlday of January ,19 99. Mary F. Parker, City Clerk. H:LNOTICEXNA-KINGR 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 February 1, 1999 File #514 William E. Callahan, Jr., Esq. Magee, Foster, Goldstein & Sayers, P. C. P. O. Box 404 Roanoke, Virginia 24003-0404 Dear Mr. Callahan: 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 Tuesday, February 16, 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 Lonza E. Kingery, Joseph M. Andrews and Mary A. Andrews that an alley located between the 900 blocks of Shenandoah Avenue and Centre Avenue, N. W., be permanently vacated, discontinued and closed. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance and a report of the City Planning Commission with regard to the matter. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 853-2431. Questions with regard to the City Planning Commission report should be directed to the Department of Planning and Community Development at 853-2344. It will be necessary for you, or your representative, to be present at the February 16 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Mary F. Parke~ CMC/AAE City Clerk MFP:lo Enclosure MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk February 1, 1999 File #514 Mr. Lonza E. Kingery Mr. Andrew L. Roberts, III Mr. Thomas A. Powell Commonwealth of Virginia Mr. Wayne A. Ayers Mr. Richard A. Ayers Mr. and Mrs. Arthur Powell Mr. Richard B. James Ms. Rosa W. Miller Mr. Ezra M. Jones Ms. Barbara Murray Bowe Ms. Natalie R. Foster Ms. Lois A. Ayers Liberty Investment Corp. Ms. Shusheela Shende Ladies and Gentlemen: Pursuant to provisions of'Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Tuesday, February 16, 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 Lonza E. Kingery, Joseph M. Andrews and Mary A. Andrews that an alley located between the 900 blocks of Shenandoah Avenue and Centre Avenue, N. W., 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:lo · TO TIlE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE STREET AND ALLEY CLOSURE REQUEST OF: Kingery and Andrews alley off Shenandoah/Centre Avenues ) '98 between Tax Nos. 2112503-2112513, inclusive; 3112516 - )Affidavit 2112520, inclusive; 2112522 and 2112523 ) COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalfo£the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 28th day of December, 1998, notices ora public hearing to be held on the 6th day of January, 1999, on the alley closure captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner's Name 2112513 2112521 2112522 Applicant Mailing Address 2112516 2112517 2112518 2112519 2112520 Andrew L. Roberts, III 306 Third Street, SW Roanoke, VA 24011 2112503 2112505 2112523 2112504 2112506 2112507 2112508 2112509 2112510 2112511 Thomas A. Powell c/o B. P. Harvey Arthur and Anne Powell c/o B. P. Harvey VDOT District Engineer Wayne and Richard Ayers Richard B. James Rosa W. Miller Ezra M. Jones c/o Abie Pullins Barbara M. Bowe c/o Bob Geverkian Natalie Foster c/o Andrew Roberts Wayne and Lois Ayers 2511 Meadowbrook Rd., NW Roanoke, VA 24017 2511 Meadowbrook Rd., NW Roanoke, VA 24017 714 S. Broad Street Salem, VA 24153 6893 Campbell Drive Salem, VA 24153 RR 2, Box 94 Penhook, VA 24137 303 Rutherford Avenue, NW Roanoke, VA 24016 3002 Lorraine Road Roanoke, VA 24017 3968 Sterling Road Roanoke, VA 24014 711 5th Street, NE Roanoke, VA 24016 6893 Campbell Drive Salem, VA 24153 211~512 Liberty Investment c/o Wayne Ayers 6893 Campbell Drive Salem, VA 24153 Martha Pace Franklin SUBSCRIBED AND SWORN to.9~before me, a Notary Public, in the City of Roanoke, Virginia, this 28th of December, 1998. / , Notary Public My Commission expires: NOTICE OF PUBLIC HEARING BEFORE(THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: 'c;3 ' ~ 73 !; ::~ ::'ii.i, The Roanoke City Planning Commission will hold a public hearing on Wednesday, January 6, 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 Lonza E. Kingery, Joseph M. Andrews, and Mary A. Andrews, represented by William E. Callahan, Jr., attorney, that an alley located through the 900 blocks of Shenandoah and Centre Avenues, N.W., and running in an east/west direction from 9th to l0th Street, N.W., between lots bearing Official Tax Nos. 2112503 through 2112513, inclusive; 2112516 through 2112520, inclusive; 2112522 and 2112523, be permanently vacated, discontinued and closed. 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, December 22, 1998 and Tuesday, December 29, 1998 Please bill: William E. Callahan, Jr., Esq. Magee, Foster, Goldstein & Sayers, PC P. O. Box 404 Roanoke, VA 24003-0404 (540) 343-9800 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, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 December 15, 1998 File #514 SANDRA H. EAKIN Deputy City Clerk Gilbert E. Butler, Jr., Chair City Planning Commission 3406 Exeter Street, S. W. Roanoke, Virginia 24014 Dear Mr. Butler: 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 William E. Callahan, Jr., Attorney, representing Lonza E. Kingery, Joseph M. Andrews and Mary A. Andrews, requesting that an alley located between the 900 blocks of Shenandoah Avenue and Centre Avenue, N. W., be permanently vacated, discontinued and closed. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:lo Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council William E. Callahan, Jr., ^ttorney, Magee, Foster, Goldstein & Sayers, P. O. Box 404, Roanoke, Virginia 24003-0404 Evelyn S. Lander, Acting Chief, Planning and Community Development Evelyn D. Dorsey, Zoning Administrator J. Thomas Tasselli, Development Review Coordinator Martha P. Franklin, Secretary, City Planning Commission Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney H:~STREET98~CALLAHAN WPD HAND DELIVERED MAGEE, FOSTER, GOLDSTEIN & sAY~kS '~' A PROFESSIONAL CORPORATION 310 First Street, S.W., Suite 1200. P.O. Box 404. Roanoke, Vit~ila (540) 343-9800 · Telecopier (540) 343-9898 December 10, 1998 Mary F. Parker Clerk City of Roanoke 215 Church Avenue, S.W. Roanoke, VA 24011 Re: Application of Lonza E. Kingery, Joseph M. Andrews, and Mary A. Andrews for vacation of alley located between the 900 blocks of Shenandoah Avenue and Centre Avenue Dear Ms. Parker: Enclosed for filing in the referenced matter is an original and two copies of Application for Vacating, Discontinuing, and Closing of Alley Located Between the 900 Blocks of Shenandoah Avenue and Centre Avenue along with our firm check in the amount of $100.00 to cover the filing fee. Please stamp the additional copy "filed" and return it to me via my office courier. Thank you for your assistance in this matter. with questions or comments. Please call Very truly yours, William E. C WEC:vb Encls. cc: Lonza E. Kingery bill\kingery\clerk, ltr ATTORNEYS & COUNSELORS AT LAW MAGEE, FOSTER, GOLDSTEIN & SAYERS EO. Box 404 Roanoke, Virginia 24003-0404 (540) 343-9800 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Application of LONZA E. KINGERY, JOSEPH M. ANDREWS, and MARY A. ANDREWS for vacation of alley located between the 900 blocks of Shenandoah Avenue and Centre Avenue APPLICATION FOR VACATING, DISCONTINUING, AND CLOSING OF ALLEY LOCATED BETWEEN THE 900 BLOCKS OF SHENANDOAH AVENUE AND CENTRE AVENUE TO THE HONORABLE MEMBERS OF COUNCIL: Lonza E. Kingery, Joseph M. Andrews, and Mary A. Andrews, by counsel, apply to have the alley located between the 900 blocks of Shenandoah Avenue and Centre Avenue, in the City of Roanoke, Virginia, permanently vacated, discontinued, and closed, pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. This alley is more particularly described on the map attached hereto as Exhibit 1. Lonza E. Kingery, Joseph M. Andrews, and Mary A. Andrews, by state that the grounds for this application are as counsel, follows: 1. vacated Ail landowners whose property adjoins the property to be have been notified and are in agreement with this application. 2. The alley being vacated became a dead-end alley upon the construction of the 10th Street bridge in the early 1980's, and since that time, the alley has fallen into disuse. 3. The alley being vacated has not been maintained by the City of Roanoke, has become overgrown, and has become a dump site. 4. The vacation of the alley will allow the adjacent landowners to maintain the property. WHEREFORE, Lonza E. Kingery, Joseph Andrews, and Mary Andrews, by counsel, respectfully reuests that the above described alley be vacated, discontinued, and closed by the Council of the City of Roanoke, Virginia, pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. December 10, 1998 Date: Respectfully submitted, LONZA E. KINGERY JOSEPH M. ANDREWS MARY A. ANDREWS William E. . Esq. Virginia State Bar No. 37432 Magee, Foster, Goldstein & Sayers, P.C. P.O. Box 404 Roanoke, VA 24003-0404 (540) 343-9800 \bil 1 \kingery\closing. app MAGEE, FOSTER, GOLDSTEIN & SAYERS EO. Box 404 Roanoke, Virginia 24003-0404 (540} 343-9800 AFFECTED PROPERTY OWNERS 900 Block Shenandoah Avenue, N,W. Tax Map No. 2112513 Lonza E. Kingery c/o William E. Callahan, Jr., Esq. P.O. Box 404, Roanoke, VA 24003-0404 Tax Map No. 2112516 Andrew L. Roberts III 306 First St., S.W., Roanoke, VA 24011 Tax Map No. 2112517 Andrew L. Roberts III 306 First St., S.W., Roanoke, VA 24011 Tax Map No. 2112518 Andrew L. Roberts III 306 First St., S.W., Roanoke, VA 24011 Tax Map No. 2112519 Andrew L. Roberts III 306 First St., S.W., Roanoke, VA 24011 Tax Map No. 2112520 Andrew L. Roberts III 306 First St., S.W., Roanoke, VA 24011 Tax Map No. 2112521 Lonza E. Kingery c/o William E. Callahan, Jr., Esq. P.O. Box 404, Roanoke, VA 24003-0404 Tax Map No. 2112522 Lonza E. Kingery c/o William E. Callahan, Jr., Esq. P.O. Box 404, Roanoke, VA 24003-0404 900 Block Centre Avenue, N.W. Tax Map No. 2112503 Thomas A. Powell c/o Betty P. Harvey 2511 Meadowbrook Rd., NW, Roanoke, VA 24017 Tax Map No. 2112523 Commonwealth of Virginia c/o Resident District Engineer 714 S. Broad St., Salem, VA 24153 Tax-Map No~. 2112504 Wayne A. Ayers Richard A. Ayers 6893 Campbell Dr., Salem, VA 24153 Tax Map No. 2112505 Arthur & Anne Powell c/o Betty ?. Harvey 2511 Meadowbrook Rd, NW, Roanoke, VA 24017 Tax Map No. 2112506 Richard B. James RR 2, Box 94, Penhook, VA 24137 Tax Map No. 2112507 Rosa W. Miller 303 Rutherford Ave., NW, Roanoke, VA 24016 Tax Map No. 2112508 Ezra M. Jones, et al. c/o Abie Pullins, Jr. 3002 Lorraine Rd., Roanoke, VA 24017 Tax Map No. 2112509 Barbara Murray Bowe, et al. c/o Bob Geverkian 3968 Sterling Rd., Roanoke, VA 24014 Tax Map No. 2112510 Natalie R. Foster c/o Andrew L. Roberts 711 5th St., NE, Roanoke, VA 24016 Tax Map No. 2112511 Wayne A. Ayers Lois A. Ayers 6893 Campbell Dr., Salem, VA 24153 Tax Map No. 2112512 Liberty Investment Corp. c/o Wayne A. Ayers, President 8893 Campbell Dr., Salem, VA 24153 ALSO SERVE: Northwest Neighborhood Environmental Organization c/o Sushaela Shende, Executive Director 802 Loudon Avenue, N.W. Roanoke, VA 24016 Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk March 3, 1999 File #9-166-468 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: lam attaching copy of Ordinance No. 34185-030199 authorizing the proper City officials to enter into a lease agreement between the City and The Hertz Corporation for use of a 2.0-acre parcel of City-owned land at 1302 Municipal Road, N. W., for said corporation's maintenance, servicing and storage facilities, for a term of five years, effective December 1, 1998, and ending November 30, 2003, at a total lease fee of $118,319.00 over the five year period, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Tuesday, February 16, 1999, also adopted by the Council on second reading on Monday, March 1, 1999, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: James D. Grisso, Director of Finance William F. Clark, Director, Public Works Kit B. Kiser, Director, Utilities and Operations Dolores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer Diane S. Akers, Budget Administrator, Office of Management and Budget Patrick Leach, Accountant/Lease Administrator, Billings and Collections Glenn A. Asher, Risk Management Officer A:XMARICOR WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1999. No. 34185-030199. AN ORDINANCE authorizing the proper City officials to enter into a lease agreement between the City and The Hertz Corporation for use of a 2.0-acre parcel of City-owned land at 1302 Municipal Road, N.W., for said corporation's maintenance, servicing and storage facilities, 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, on behalf of the City of Roanoke, in form approved by the City Attorney, the appropriate lease agreement with The Hertz Corporation for use of a 2.0-acre parcel of City-owned land at 1302 Municipal Road, N.W., for said corporation's maintenance, servicing and storage facilities, for a term of five (5) years, effective beginning December 1, 1998 and ending November 30, 2003, at a total lease fee of $118,319 over the five-year period, upon such terms and conditions as more particularly described in the report to this Council from the Water Resources Committee dated February 1, 1999. ATTEST: City Clerk. H:\OR.D-GEN~O-HERTZ.99 NOTICE OF PUBLIC HEARING The City of Roanoke proposes to extend the lease of a 2.0-acre parcel of land located at 1302 Municipal Road, N.W., to The Hertz Corporation, for a period of five (5) years. 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 February 16, 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 Febma~g 1, 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 7thday of February ,1999. Mary F. Parker, City Clerk. Note to Publisher: Please publish once in The Roanoke Times on Sunday, February 7, 1999. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Ad Number: 1072950 Publisher's Fee: $78.07 ROANOKE CITY CLERK'S OFF ATT: MARY PARKER, CLERK 215 CHURCH AVE SW RM 456 ROANOKE, VA 24011-1536 The Roanoke Times STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of The Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 02/07/99 FULL RUN - Sunday Witness, this 8th day of February 1999 Authorized Signature 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 first day of March, 1999, JOHN C. MOODY, JR., was appointed as a member of the Board of Fire Appeals for a term ending June 30, 2002. Given under my hand and the Seal of the City of Roanoke this third day of March, 1999. City Clerk H:~AGENDA99XMAR 1 .W?D