HomeMy WebLinkAboutCouncil Actions 02-01-9934158
SWAIN
ROANOKE CITY CO UNCIL
REGULAR SESSION
February 1, 1999
ll:30a, m.
Room 159
M UNI CIPA L B UIL DING S 0 U TH
AGENDA FOR THE COUNCIL
Call to Order -- Roll Call. All Present (Council Member White
entered the meeting at 12:35 p.m.).
A briefing with regard to the Parks and Recreation Master Plan.
File#67
Council concurred in a request of the City Attorney for an Executive
Session to discuss a personnel matter, specifically the resignation of a
specific public officer, pursuant to Section 2.1-344.A.1., Code of Virginia
(1950), as amended. (7-0)
File #83-132
CERTIFICATION OF EXECUTIVE SESSION: (7-0)
At 1:55 p.m., the meeting was declared in recess until 2:00 p.m., in the City
Council Chamber, fourth floor, Municipal Building South.
2
R O/INOKE CITY CO UNCII,
RE G UL/IR SESSION
February 1, 1999
2:00p. m.
CITY COUNCIL CHAMBER
AGENDA FOR THE COUNCIL
Call to Order-- Roll Call. All Present.
The Invocation was delivered by The Reverend Todd Meyer, Pastor, Act
2 Ministry.
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, February 4, 1999,
at 7:00 p.m.
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.
e
CONSENT AGENDA
(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.
C-1
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 for Council to convene in
File #132 Executive Session.
4
C-2
A communication from Ronald H. Miller tendering his resignation as a
member of the Roanoke Neighborhood Partnership Steering Committee,
effective February 26, 1999.
RECOMMENDED ACTION: Accept the resignation and receive and file the
File #488 communication.
C-3
Qualification of the following persons:
Courtney A. Penn as a member of the Advisory Board of Human
Development for a term ending November 30, 2001;
File #15-72-110
Benjamin S. Motley as a member of the Board of Zoning Appeals
for a term ending December 31,2001;
File #15-51-110
D. Kent Chrisman and Melvin L. Hill as members of the City
Planning Commission for terms ending December 21, 2002;
File #15-110-200
Charles W. Hancock for a term ending November 30, 1999, and
George M. McMillan, Richard J. Nichols and Mark E. Petersen for
terms ending November 30, 2001, as members of the Roanoke
Neighborhood Partnership Steering Committee;
File #15-110-488
Frank W. Feather and Katherine M. McCain as members of the
Human Services Committee for terms ending June 30, 1999; and
File #15-110-318
Jonathan Katz as a member of the Youth Services Citizen Board
for a term ending May 31,2001.
File #15-110-304
RECOMMENDED ACTION: Receive and file.
' REGULAR AGENDA
3. HEARING OF CITIZENS UPON PUBLIC MATTERS:
Presentation by the Roanoke City School Board with regard to the
"Character Counts" instructional program. Dr. E. Wayne Harris,
Superintendent. (10 minutes)
The matter was deferred until a later date.
File #467
4. PETITIONS AND COMMUNICATIONS: None.
5. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
A report recommending execution of Amendment No. 2 to the
1998-99 Community Development Block Grant Subgrantee
Agreement with the Roanoke Redevelopment and Housing
Authority.
Adopted Resolution No. 34158-020199. (7-0)
File #178-236
A report recommending transfer and appropriation of funds for
additional City Planning Department personnel and Neighborhood
Plans.
Adopted Ordinance No. 34159-020199. (7-0)
In view of the fact that preparing Neighborhood Plans will be
a voluminous and difficult task, Council Member Swain
suggested that the services of the Fifth Planning District
Commission be enlisted, if feasible.
File #60-184-200
ge
A report recommending execution of a Virginia Department of
Transportation Change Order to the contract with Allegheny
Construction Company, in the amount of $45,688.00, in
connection with construction of I-581 interchange improvements
at Valley View Boulevard.
Adopted Ordinance No. 34160-020199. (7-0)
File #20-60-77-455
A report recommending appropriation of funds from Prior Year
and Current Year Capital Maintenance and Equipment
Replacement Program and Prior Year Retained Earnings for
various operational needs of four City departments.
Adopted Ordinance No. 34161-020199. (7-0)
File #60-270-472
Se
A report recommending execution of a new six month contract
with the Roanoke Valley SPCA for animal control impounding
facilities and services, and an increase in the rate schedule for
services and boarding fees for impounded animals.
Adopted Resolution No. 34162-020199. (7-0)
File #5-54
b. CITY ATTORNEY:
A report recommending adoption of an ordinance to establish the
maximum fine possible for traffic infractions.
Adopted Ordinance No. 34163-020199. (7-0)
File #20-137
m
A report with regard to the process for appeals from decisions of
the Architectural Review Board.
Received and filed.
File #249
7
c. CITY CLERK:
A report advising of the expiration of the three year terms of office
of Charles W. Day and Brian J. Wishneff as Trustees of the
Roanoke City School Board on June 30, 1999, and applications for
the upcoming vacancies will be received in the City Clerk's Office
until 5:00 p.m., on Wednesday, March 10, 1999.
Received and filed.
File #467
d. DIRECTOR OF FINANCE:
1. A financial report for the month of December, 1998.
Received and filed.
Council Member White raised a question with regard to the
amount of funds to be included in the Insurance Reserve;
whereupon, the Director of Finance advised that pursuant to
provisions of the City Code, the Insurance Reserve must carry
a maximum balance of three per cent of the General Fund;
$250,000.00 is budgeted to the account each fiscal year;
however, the total amount has not reached three per cent. Mr.
White inquired if three per cent of the City's General Fund is
a realistic figure.
In regard to establishing a stabilization fund, Council Member
Swain inquired as to the source of funds.
It was the consensus of Council that the inquiries would be
referred to 1999-2000 budget study and to the Financial
Planning Session on Saturday, March 20, 1999, at 8:30 a.m.
File #10-58-60
A report recommending appropriation of $4.2 million in loan
proceeds for the Roanoke Valley Detention Commission.
Adopted Ordinance No. 34164-020199. (7-0)
File #60-305
6. REPORTS OF COMMITTEES:
mo
bo
co
do
An interim report of the Carvins Cove Comprehensive Land Use
Committee recommending that consideration be given to the need for soil
and water "best management practices" on the headwaters of Catawba
and Tinker Creeks to protect the purity of the water in the Carvins Cove
Reservoir. Elizabeth T. Bowles, Chairperson.
The report was referred to the Water Resources Committee.
File//468
A report of the Roanoke Civic Center Commission recommending an
extension of the contract with The Swanson Corporation for food and
beverage concession management at the Roanoke Civic Center for two
months and continuing thereafter on a month-to-month basis not to
exceed one year. Mark E. Feldmann, Chairperson.
Adopted Ordinance No. 34165 on first reading.
Member Hudson was out of the Council Chamber)
File//192
(6-0) (Council
A report of the Water Resources Committee recommending authorization
for the City Manager to advertise a public hearing, and lacking any
comments to the contrary, convey to the highest bidder a certain 6.5 acre
parcel of land located in Westview Terrace. Council Member Linda F.
Wyatt, Chairperson.
Adopted Resolution No. 34166-020199. (7-0)
File//2-399-468
A report of the Water Resources Committee recommending that Council
schedule a public hearing in anticipation of authorizing extension of the
lease with the Hertz Corporation, for a term of five years, for a two-acre
parcel of land located at 1302 Municipal Road, N. W. Council Member
Linda F. Wyatt, Chai .rperson.
Council concurred in the recommendation.
File//9-166-373-468
eo
A report of the Water Resources Committee recommending execution of
a contractual agreement with the Bedford County Public Service
Authority for the sale of surplus water by the City. Council Member
Linda F. Wyatt, Chairperson.
Adopted Resolution No. 34167-020199. (7-0)
File #468
A report of the Bid Committee recommending award of a lump sum
contract to U. S. Construction Company of Roanoke, in the amount of
$270,126.00, for remodeling and upgrading municipal swimming pools
in Washington and Fallon Parks; and transfer of funds in connection
therewith. Council Member Carroll E. Swain, Chairperson.
Adopted Ordinance Nos. 34168-020199 and 34169-020199.
(Council Member Harris was out of the Council Chamber).
File #60-67-256
(6-0)
7. UNFINISHED BUSINESS: None.
o
INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS:
ae
Ordinance No. 34148, on second reading, permanently vacating,
discontinuing and closing a portion of 15th Street, N. E., extending north
from Vamell Avenue.
Adopted Ordinance No. 34148-020199 on second reading. (7-0)
File #514
bo
Ordinance No. 34149, on second reading, rezoning property known as the
former N & W Passenger Station located at 209 Shenandoah Avenue,
N. E., identified as Official Tax No. 3013603, from HM, Heavy
Manufacturing District, to C-3, Central Business District.
Adopted Ordinance No. 34149-020199 on second reading. (7-0)
File #51
l0
A Resolution paying tribute to The Reverend Dr. Noel C. Taylor, former
Mayor of the City of Roanoke, upon the occasion of his retirement as
Pastor of High Street Baptist Church.
Deferred until the regular meeting of Council on Tuesday, February
16, 1999.
9. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor and Members of City Council.
Council Member Trout reiterated a referral to the City Manager
under date of Monday, August 17, 1998, in which he expressed
concern with regard to conversion of residential houses into
apartments, thus creating parking problems, etc. He referred
specifically to a house located on Broadway, S. W., which was
converted into apartments and a dwelling was constructed at the
rear of the property and attached to the original structure. It was
the Consensus of Council that the matter would be referred to the
City Manager for report to Council.
File tt51-132-200
Council Member Swain expressed concern with regard to unsightly
debris at one of the main thoroughfares of the City, and advised that
he would provide the location to the City Manager for appropriate
response.
Council Member Swain requested an evaluation of the policy with
regard to sweeping City streets on a three week cycle. It was the
consensus of Council that the matter would be referred to 1999-2000
budget study and that the City Manager will prepare a cost analysis
for consideration by Council.
Council Member White called attention to the need to educate the
public on the consequences of littering through the City Page of The
Roanoke Times, RVTV Channel 3, and in-house anti-littering
information. He requested that the City Manager review the matter
of disseminating public information in partnership with the
community.
File 1160-132-144-514
Council Member Hudson addressed the time table for the repaving
of City streets and inquired as to the most appropriate manner to
respond to citizen concerns. The City Manager suggested that
telephone inquiries be referred to the City Manager's Office and/or
the Director of Public Works for appropriate response. Council
Member Swain suggested that the policy for repaving of City streets
be publicized on the City Page of The Roanoke Times.
File #183-514
bo
Vacancies on various authorities, boards, commissions and committees
appointed by Council.
10. OTHER HEARING OF CITIZENS UPON PUBLIC
MATTERS:
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.
Wilbur A. Drewery, 844 Dillon Drive, Vinton, Virginia, having retired from
the Fire Department approximately two months prior to adoption by
Council of a certain pension incentive ordinance, expressed concern that
the Circuit Court refused to hear his case that he be allowed to receive
$300.00 per month in enhanced benefits until age 65. The remarks were
referred to the City Manager and the City Attorney for appropriate
response.
File #70-429
Council accepted the resignation of Wilburn C. Dibling, Jr., City Attorney,
effective April 1, 1999, and requested that the City Attorney prepare the
proper measure appointing William X Parsons as Acting City Attorney.
File #83
12
CERTIFICATION OF EXECUTIVE SESSION: (6-0) (Council Member
Harris left the meeting prior to the Executive Session).
David C. Key was appointed as a member of the Board of Trustees, City of
Roanoke Pension Plan, for a term ending June 30, 2002.
File #15-110-429
Keith Moore and Stark H. Jones were appointed as members of the
Roanoke Neighborhood Partnership Steering Committee for terms ending
November 30, 2002.
File #15-110-488
Donna S. Norvelle was reappointed as a member of the Fifth District
Disability Services Board for a term ending January 31, 2002.
File #110-326-353
L:iT¥
'99
February 1, 1999
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject: Parks & Recreation Master Plan
Please reserve space on your 11:30 a.m., agenda for a briefing regarding
the above subject.
Sincerely,
City Manager
WRH:WFC:pr
cc: City Attorney
Director of Finance
Director of Public Works
Workshop Agenda
Agenda Item Presenter Time Allotted
Introduction and Video John Coates, Manager, Parks and Recreation 18 min.
Process Review and Status Dinah Ferrance, Project Assistant, Parks and 5 min.
Recreation
Committee/Community Freddie Monk, Citizens' Advisory Committee 5 min.
Involvement
Presentation of Findings: 50 min.
Demographics Leon Younger, Leon Younger & PROS
Facility Assessment " "
Program Analysis " "
Locality Benchmark " "
Analysis
Citizen Focus Groups " "
Staff Focus Groups " "
Phone Survey " "
Citizen Workshops Dinah Ferrance
Parks Inventory Lisa Soltis, Marketing & Info. Coordinator, Parks
and Recreation
Public Works Analysis Lisa Soltis
Transportation Analysis Wayne Strickland, Executive Director, 5t~
Planning District Commission
Program Benchmark Johnny Pompey, Recreation Coordinator, Parks
Analysis and Recreation
Program/Facility Overlay Melida McKee, Recreation Coordinator, Parks
and Recreation
Key Issues Beverly Fitzpatrick, Chair, and Beth Poff, Vice 10 min.
Chair, Citizens' Advisory Committee
Appreciative Inquiry John Coates & Bob Herbert, City Manager 30 min
Closing John Coates 2 min
WILBURN C. DIBLING, JR.
CITY A'I'rORNEY
CITY OF ROANOKE
OFFICE OF CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011-1595
TELEPHONE: 540-853-2431
FACSIMILE: 540-853-1221
E-MAlL:cityatty @ ci.roanoke.va.us
WILLIAM X PARSONS
STEVEN J. TALEVI
GLADYS L. YATES
GARY E. TEGENKAMP
ASSISTANT CITY ATI'ORNEYS
February 1, 1999
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Executive Session
Dear Mayor Bowers and Council Members:
This is to request an Executive Session of City Council to discuss a personnel matter,
specifically the resignation of a specific public officer pursuant to §2.1-344.A. 1, Code of
Virginia (1950), as amended.
WCD:f
With kindest personal regards, I am
Sincerely yours,
Wilbum C. Dibling, Jr.
City Attorney
February 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,
DAB:se
David A. Bowers
Mayor
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 4, 1999
File #-488
Ronald H. Miller, Member
Roanoke NeGIhborhood Partnership
Steering Cor:'~mittee
Roanoke, Virginia
Dear Mr. Miller:
Your communication tendering your resignation as a member of the Roanoke
Neighborhood Partnership Steering Committee, effective February 26, 1999, was before
the Council of the City of Roanoke at a regular meeting which was held on Monday,
February 1, 1999.
The Members of City Council requested that I express sincere appreciation for your
willingness to serve the City of Roanoke as a member of the Roanoke Neighborhood
Partnership Steering Committee from December 3, 1984 to February 26, 1999. Please
find enclosed a Certificate of Appreciation and an aerialview photograph of the Roanoke
Valley which was issued by the Mayor on behalf of the Members of the Roanoke City
Council.
With warmest regards, I am
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
pc:
Elizabeth A. Watson, Secretary, Roanoke Neighborhood Partners: ~p Steer)~,<~.
Committee
Sandra H. Eakin, Deputy City Clerk
Ronald H. Miller
Building Commissioner
January 25, 1999
Mary F. Parker, City Clerk
Office of the City Clerk
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Dear Mary:
I wanted to officially notify you of my resignation from my position on the Neighborhood
Partnership Steering Committee due to my upcoming retirement. I will be retiring on May 1,
1999; however, my last day as Building Commissioner will be on Friday, February 26, 1999.
Nancy and I are taking a celebration cruise in early February. As you may recall Nancy got a
head start and retired a few years back. I must admit that I 'm really looking forward to joining
her, having some leisure time for fishing and fun with the grandchildren.
Mary, I have truly enjoyed working with you through the years.
CPCA
Building Commissioner
RHM:ph
Room 170 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011-1592 (540) 853-1144
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: ($40) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
February 4, 1999
File #15-72-110
Michael W. Ridenhour, Chair
Advisory Board of Human Development
2528 Stanley Avenue, S. E.
Roanoke, Virginia 24014
Dear Mr. Ridenhour:
This is to advise you that on ~January 22, 1999, Courtney A. Penn qualified as a member
of the Advisory Board of Human Development for a term ending November 30, 2001.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc:
Glenna O Ratcliffe, Secretary, Advisory Board of Human Development
Sandra H. Eakin, Deputy City Clerk
'99 J~N 22 P,4:33
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Courtney A. Penn, 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 Advisory Board of Human Development for
a term ending~.N~to the best of my ability. So help me God.
Subscribed and sworn to before me thC'~d 99~'.
ARTHUR B. CRUSH, III, CLERK
, DEPUTY CLERK
H :'~AGENDA98'xDEC 7.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
February 4, 1999
File #15-51-110
Robert R. Copty, Chair
Board of Zoning Appeals
3009 Burnleigh Road, S. W.
Roanoke, Virginia 24014
Dear Mr. Copty:
This is to advise you that on January 25, 1999, Benjamin S. Motley 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 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, Benjamin S. Motley, 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 in~a~rtially discharge and perform all the duties
incumbent upon me as a member of the Bo~,.of Zoning Appeals for a term ending
December 31, 2001, according to the bestr~of m,Y~ ~o help me God.
Subscribed and sworn to before me t o 9.
ARTHUR B. CRUSH, III cLERK
H:~AGENDA99\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
February 4, 1999
File #15-110-200
Barbara N. Duerk, Chair
City Planning Commission
2607 Rosalind Avenue, S. W.
Roanoke, Virginia 24014
Dear Ms. Duerk:
This is to advise you that on January 20 and January 19, 1999, respectively, D. Kent
Chrisman and Melvin L. Hill qualified as members of the City Planning Commission for
terms ending December 31, 2002.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc:
Martha P. Franklin, Secretary, City Planning Commission
Sandra H. Eakin, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, D. Kent Chrisman, 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 City Planning Commission for a term ending
December 31, 2002, according to the best of my ability. So help me God.
Subscribed and sworn to before me thisr~) day of, ~,,,t,~,,,./ 1999.
ARTHUR B. CRUSH, III, CLERK
, DEPUTYCLERK
H:~AGENDA99\JAN4.WPD
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Melvin L. Hill, 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 City Planning Commission for a term ending December 31, 2002,
according to the best of my ability. S/~lp me God.
Subscribed and sworn to before me this /~ day of ,~,~ ~,r..~1999.
/
ARTHUR B. CRUSH, III, CLERK
BY
H:~AGENDA99~JAN4.WPD
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, 5.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
February 4, 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 January 19, 1999, Charles W. Hancock qualified for a term
ending November 30, 1999; and George M. McMillan, Richard J. Nichols and Mark E.
Petersen qualified as members of the Roanoke Neighborhood Partnership Steering
Committee for terms ending November 30, 2001.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc:
Elizabeth A. Watson, Secretary, Roanoke Neighborhood Partnership Steenng
Committee
Sandra H. Eakin, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Charles W. Hancock, 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, 1999, according to the best of my ability.
So help me God.
Subscribed and sworn to before me this~(~ d~d~y o.~.~.~_(3'~'~99~ ARTHUR B. CRUSH, III, CLERK
H:~AGENDA98~DEC7.WPD
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, George M. McMillan, 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, 2001, according to the best of my ability.
So help me God.
Subscribed and sworn to before me this~.~-- day o¢'~~99.
ARTHUR B. CRUSH, III, CLERK
H:~AGENDA99\JAN4.WPD
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit: ~ -'
'~ ~
I, Richard J. Nichols, do solemnly swear (or affirm) that I will suppo~the i:-!
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 cl~ties
incumbent upon me as a member of the Roanoke Neighborhood Partnership SteWing
Committee for a term ending November 30, 2001, according to the best of my a~ity.
So help me God.
Subscribed and sworn to before me th~s J'-~day of
ARTHUR B. CRUSH, III, CLERK
, DEPUTYCLERK
H:~GENDA99\JAN4,WPD
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Mark E. Petersen, 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, 2001, according to the best of my ability. So help me God.
and sworn to before me thi~~'~ ~lay of.g~~~:J99.
Subscribed
ARTHUR B. CRUSH, III, CLERK
, DEPUTY CLERK
H:~AGENDA99\JAN4.WPD
MARY E PARKER, CMC/AAE
City Cled~
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
Deputy City Clerk
February 4, 1999
File #15-110-318
Glenn D. Radcliffe, Chair
Human Services Committee
Roanoke, Virginia
Dear Mr. Radcliffe:
This is to advise you that on January 15, 1999, Frank W. Feather and Katherine M. McCain
qualified as members of the Human Services Committee for terms ending June 30, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc:
Glenna O. Ratcliffe, Secretary, Human Services Committee
Sandra H. Eakin, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Frank W. Feather, 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 Human Services Committee for a term ending
June 30, 1999, according to the best of my ability. So help me God.
Subscribed and sworn to before me this ~,~:~y o~~:~1~. ARTHUR B. CRUSH, III, CLERK
H:~AGENDA98~ULY6.WPD
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, K-athery~M. McCain, 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 Human Services Committee for a term ending
June 30, 1999, according to the best of my ability. So help me God.
Subscribed and sworn to before me this ! ~-- day of j~ ~--
1998.
ARTHUR B. CRUSH, III, CLERK
, DEPUTY CLERK
C:~AUG17C.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
February 4, 1999
File #15-110-304
Thomas M. Winn, III, Chair
Youth Services Citizen Board
2615 Cornwallis Avenue, S. E.
Roanoke, Virginia 24014
Dear Mr. Winn:
This is to advise you that on January 22, 1999, Jonathan Katz qualified as a member of
the Youth Services Citizen Board for a term ending May 31, 2001.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc:
Marion A. Vaughn-Howard, Secretary, Youth Services Citizen Board
Sandra H. Eakin, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Jonathan Katz, do solemnly swear (or affirm) that I will support the Constitution
of the United States of America and the Constitution of the Commonwealth of Virginia, and
that I will faithfully and impartially discharge and perform all the duties incumbent upon me
as a member of the Youth Services Citizen Board for a term ending May 31, 2001,
according to the best of my ability. So help me God.
ARTHUR B. CRUSH,'II-I, CLERK
, DEPUTYCLERK
H:~AGENDA98'~DEC21 .WPD
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC/AAE
City Clerk
February 4, 1999
Sandra H. Eakin
Deputy City Clerk
File #178-236
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 34158-020199 authorizing execution of Amendment
No. 2 to the 1998-99 CDBG Subgrantee Agreement with the Roanoke Redevelopment and
Housing Authority to allow the RRHA to retain the balance of the reserves as part of the
buy-out of the original loans from the mortgage revenue bondholders in connection with
the Single-Family Mortgage Loan Program. The abovereferenced measure was adopted
by the Council of the City of Roanoke at a regular meeting which was held on Monday,
February 1, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
John P. Baker, Executive Director, Roanoke Redevelopment and Housing Authority,
2624 Salem Turnpike, N. W., Roanoke, Virginia 24017
James D. Grisso, Director of Finance
Glenn D. Radcliffe, Director, Human Development
William F. Clark, Director, Public Works
Diane S. Akers, Budget Administrator, Office of Management and Budget
Charles A. Harlow, Grants Monitor, Office of Grants Compliance
N:\CKLO 1~4.GENDA99WEB I .WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of February, 1999.
No. 34158-020199.
A RESOLUTION authorizing execution of Amendment No. 2 to the 1998-99 CDBG
Subgrantee Agreement with the Roanoke Redevelopment & Housing Authority, upon certain
terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or
the Assistant City Manager and City Clerk are authorized to execute and attest, respectively,
in form approved by the City Attorney, Amendment No. 2 to the Subgrantee Agreement with
the Roanoke Redevelopment & Housing Authority to allow the RRHA to retain' the balance
of the reserves as part of the buy-out of the original loans from the mortgage revenue
bondholders in connection with the Single-Family Mortgage Loan Program, as more
particularly set forth in the report to this Council dated February 1, 1999, and any other
necessary documentation, said documentation to be approved as to form by the City
Attorney.
ATTEST:
City Clerk.
H, \RES\R-A2- R~..HA
Roanoke, Virginia
February 1, 1999
99-01
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Amendment 2 to the
(CDBG) Agreement
Authority (RRHA)
1998-1999 Community Development Block Grant
with the Roanoke Redevelopment and Housing
A. From 1981 to 1993, the RRHA issued mortgage revenue bond,~ to expand the funding
available for housing rehabilitation.
Bo
_The bonds were originally purchased by a consortium of banks, with the proceeds used
to provide loans to eligible residents in the City's Conservation and Redevelopment
Areas and Rehabilitation Districts for rehabilitation of single-family, owner-occupied
housing.
Co
.City CDBG funds provided security for each bond iss,m, along with the value of the
properties mortgaged. In particular, the CDBG funds established a debt service and
loan loss reserve for each bond issue. These reserves ensured timely payments on the
bonds in the event of delinquent mortgage payments and covered potential losses in the
event of defaults.
CDBG reserve balances no Ion er needed as securit are returned to the Cit , under
the provisions of the RRHA's past and current CDBG subgrantee agreements. These
returns constitute program income to the CDBG program and become available for use
in other CDBG-eligible activities.
Eo
Of $580,250 in CDBG funds provided, $95,131 remains in the reserve. The RRHA
has returned a total of $446,944 to the City, with .$38,175 having been expended to
cover delinquencies and defaults.
II. Current Situation:
Ao
Management of the mortgage portfolio has become burdensome due to the necessities
of responding to a consortium of bondholders. Each of the six banks involved asserts
its own approach to decision-making. Further, repeated turnover among account
officers at the institutions has made continuity in management difficult.
Members of Council
Page 2
Bo
.The RRHA wants to buy out the bonds and has been negotiating a loan with another
bank for this purpose. Upon final settlement of the loan, management of the mortgage
portfolio would involve only the RRHA and one bank, eliminating the complexities
created by the consortium structure and thereby improving customer service.
Do
Eo
An additional $500,000 line of credit will also be provided by the bank for more home
rehabilitation loans, leveraging the City's CDBG and HOME Investment Partnerships
(HOME) funds subgranted to the RRHA. The line of credit would roughly double the
number of homes which otherwise could obtain moderate or substantial rehabilitation
assistance from the RRHA solely through the federal funds provided by the City.
The RRHA is seeking approval to retain the current $95,13 ! CDBG reserve balance.
These funds would make up part of the debt service and loan loss reserve required by
the bank to secure the additional line of credit and the financing for the bond buy-out.
A total reserve of $145.000 is required, with mortgage payments over the next two
years providing the remaining reserve funds needed.
Approval is needed from City Council to amend the RRHA agreement so that the
RRHA may retain the CDBG funds balance for the debt service and loan loss reserve.
III. Issues:
A. .Cost to the City.
B. Effective and Efficient Administration.
C. Assistance for Moderate and Substantial Housing Rehabilitation.
D. Timing.
E. CDBG Program Income.
IV. Alternatives:
mo
_Authorize the City Manager or the Assistant City Manager to execute, and the City
Clerk to attest, Amendment No. 2 to the 1998-99 CDBG Subgrantee Agreement with
the RRHA (similar in form and content to Attachment A), to be approved as to form
by the City Attorney.
.Cost to the City in terms of new funding will be nothing. Other than retaining
the ~ reserve balance, the RRHA is not asking for any additional funding
to secure the additional line of credit and accomplish the bond buy-out.
Members of Council
Page 3
o
Effective and efficient administration of the mortgage program will be promoted
by allowing the RRHA to retain the balance of the reserves as part of the buy-out
of the original bonds. Streamlined management and decision-making will
translate into better customer service and faster responses to problem mortgages.
Assistance for moderate and substantial housing rehabilitation will increase
through the additional $500,000 line of credit established by the bank. This line
of credit is of vital importance since Virginia Housing Partnership Funds, which
the City previously leveraged with its federal funds, are no longer available.
However, availability of the line of credit is contingent upon the RRHA retaining
the current $95,131 reserve balance for debt service and loan loss use.
Timing is of importance in that the RRHA would be able to take advantage of the
lower interest rates available in the current financial market. Interest savings can
help to fund mortgage servicing fees and the balance of the $145,000 needed for
the debt service and loan loss reserve.
.CDBG program income received by the City will likely be reduced. If the
RRHA were not permitted to retain the $95,131 reserve balance, program income
could be expected in returned CDBG funds during each of the fourteen years
remaining for the payment of the current mortgages. On the other hand, the
reserve would also be decreased by any expenditures for delinquencies or
defaults. Because the City recognizes program income as it is received, no
adjustment to the City's revenue estimates would be required.
Do not authorize the Cit Mana er or the Assistant Cit Mana er to execute
Amendment No. 2 to the 1998-99 CDBG Subgrantee Agreement with the RRHA.
~ could increase in terms of new funding requests from the RRHA
for future borrowings to expand housing rehabilitation. As much as $25,000 per
year might be requested by the RRHA for debt service and loan loss reserves.
.Effective and efficient administration of the mortgage program would not be
achieved. The RRHA would continue to administer the program through the
consortium structure.
Assistance for moderate and substantial housing rehabilitation would be offered
to approximately half the number of residents as might be the case with the
additional line of credit.
4. Timing would not be an issue.
Members of Council
Page 4
.CDBG program income would continue to be returned to the City annually based
on the performance of the mortgage payments, adjusted for any delinquencies or
defaults. These returned funds would be available for appropriation for other
uses.
V. Recommendation:
Concur with Alternative A, authorizing the City Manager or the Assistant City Manager to
execute, and the City Clerk to attest, Amendment No. 2 to the 1998-99 CDBG Subgrantee
Agreement with the RRHA (similar in form and content to Attachment A), to be approved
as to form by the City Attorney.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH: feb
C:
Assistant City Manager
City Attorney
Director of Finance
Director of Human Development
Director of Public Works
Budget Administrator
Housing Development Coordinator
Office of Grants Compliance
Executive Director, Roanoke Redevelopment and Housing Authority
AMENDMENT No. 2
Attachment A
This Amendment No. 2 is entered into this 1st day of January, 1999, by and between the City of Roanoke
(the Grantee) and the Roanoke Redevelopment and Housing Authority (the Subgrantee).
WHEREAS, by Resolution No. 33953-080398, the Roanoke City Council approved the execution of a
1998/99 Community Development Block Grant (CDBG) Subgrant Agreement between the Grantee and
the Subgrantee; and
WHEREAS, on December 1, 1998, the Grantee and Subgrantee mutually agreed to and executed
Amendment No. 1 to this Agreement, which provided for resuming development of the structure at 124
Wells Avenue, known as the Gainsboro Professional Park; and
WHEREAS the Grantee and Subgrantee desire to promote more efficient and effective operation of the
"Single-Family Mortgage Loan Program";
NOW THEREFORE, the Grantee and the Subgrantee do mutually agree to this Amendment No. 2 to the
Agreement regarding Part I--Scope of Services, Section D, General Administration, Subsection 6, Return
of Debt Service Reserve Funds from the Private Rehabilitation Loan Pro ram,
read as follows which shall be revised to
o
Single-Family Mortgage Loan Program Debt Service/Loan Loss Reserve Fund,; -- In
order to promote more effective and efficient administration, the Subgrantee intends
to obtain private financing to buy-out the series of mortgage revenue bonds it issued
from 1981 to 1993. The Subgrantee shall retain all remaining CDBG debt service and
loan loss reserve funds previously provided by the Grantee to secure the mortgage
revenue bonds. The CDBG funds retained shall continue to be used by the Subgrantee
for debt service and loan loss reserve purposes with respect to the private financing
obtained to buy-out the original bonds. At the time of closing on the private, buy-out
financing, the Subgrantee shall report to the Grantee the amount of the original debt
service and loan loss reserve funds remaining. On or before June 30 of each year, the
Subgrantee shall report outstanding principal balances of loans made under the Single-
Family Mortgage Loan Program and the amount of CDBG funds remaining in the debt
service and loan loss reserve. Upon satisfaction and/or termination of all loans made
under the program, the Subgrantee shall return to the Grantee any CDBG debt service
and loan loss reserve funds remaining. Any such funds returned shall be classified as
"program income" to the Grantee's CDBG program.
The Agreement and Amendment No. 1 shall remain unchanged in all other terms and provisions.
Page 1 of 2 Pages
Attachment A
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
hereinabove written:
ATTEST:
FOR THE GRANTEE:
By
Mary F. Parker, City Clerk
By
City Manager/Assistant City Manager
ATTEST:
FOR THE SUBGRANTEE:
By
By
John P. Baker, Executive Director
APPROVED AS TO CDBG ELIGIBILITY:
APPROVED AS TO FORM
Office of Grants Compliance
Assistant City Attorney
APPROVED AS TO EXECUTION:
APPROPRIATION AND FUNDS REQUIRED FOR
THIS AMENDMENT CERTIFIED:
Assistant City Attorney
Date
Director of Finance
Account #
No Effect On Funding
Page 2 of 2 Pages
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
February 4, 1999
File #60-184-200
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34159-020199 amending and reordaining certain
sections of the 1998-99 General Fund Appropriations, providing for transfer and
appropriation of $35,942.00, to provide funds for additional City Planning Department
personnel and Neighborhood Plans. The abovereferenced measure was adopted by the
Council of the City of Roanoke at a regular meeting which was held on Monday, February
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
Evelyn S. Lander, Chief, Planning and Community Development
Diane S. Akers, Budget Administrator, Office of Management and Budget
H:~AGENDA99~FEB I .WPD
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
February 4, 1999
File #60-184-200
Sandra H. Eakin
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
February 1, 1999, in view of the fact that preparing Neighborhood Plans will be a
voluminous and difficult task, Council Member Swain suggested that the services of the
Fifth Planning District Commission be enlisted, if feasible.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc:
Wayne G. Strickland, Executive Director, Fifth Planning District Commission, 313
Luck Avenue, S. W., Roanoke, Virginia 24016
William F. Clark, Director, Public Works
Evelyn S. Lander, Chief, Planning and Community Development
Diane $. Akers, Budget Administrator, Office of Management and Budget
N:\CKLO IL~GENDA~B 1.WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of February, 1999.
No. 34159-020199.
AN ORDINANCE to amend and reordain certain sections of the 1998-99 General
Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the City
of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that
certain sections of the 1998-99 General Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
Appropriations
Community Development
Community Planning (1-4) ....................................
Contingency
Contingency (5) ............................................
$ 2,803,661
954,213
$ 60,359,160
(520,803)
1) Regular Employee
Salaries
2) Retirement
3) FICA
4) Fees for
Professional Services
5) Contingency
(001-052-8110-1002)
(001-052-811 0-1105)
(001-052-811 0-1120)
(001-052-8110-2010)
(001-002-9410-2199)
21,442
2,515
1,985
(35,942)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
Roanoke, Virginia
February 1, 1999
No. 99-106
The Honorable Mayor David A. Bowers
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Neighborhood Plans - Request for Planning Staff
I. Background:
Ao
Roanoke Vision, the City's Comprehensive Development Plan 1985 - 2005, adopted
in 1988, recommended that neighborhood plans be completed for each of the City's
neighborhoods in order to provide detailed information on land use, zoning,
neighborhood development, public services and other issues.
Bo
Because of other work priorities (i.e., customer zoning and development assistance,
special projects, and council-appointed board administrative duties) and limited staff
devoted to planning, only four Neighborhood Plans have been completed. These
plans include the South Roanoke, Greater Deyerle, Hershberger Hills, and Melrose
Rugby neighborhoods.
Co
Neighborhood plans that have been completed are used to assist city officials in
making decisions on projects and development applications that affect
neighborhoods. These decisions include such things as zoning changes, capital
improvement projects, funding for neighborhood improvements, and new
development.
Do
The current need for neighborhood plans has become critical. Land use in many of
the City's neighborhoods conflicts with the overlying zoning and encourages
undesirable or incompatible development. The zoning patterns adopted in the 1960s
encouraged higher density residential development and commercial redevelopment
of our city. Presently, in some neighborhoods, residential areas are zoned for
industry and homes cannot be rehabilitated unless the zoning is changed; in other
neighborhoods, large areas are zoned for multi-family residential development and
encourage high densities of rental residential development. Neighborhood planning
is necessary to establish a clear, future direction and to formulate a comprehensive
approach to zoning changes, future land use, and needed public services and
facilities.
Members of Council
Page 2
Raleigh Court is an example of a neighborhood which started planning on its own in
1994 to address multi-family zoning issues in the neighborhood. In July 1998,
neighborhood leaders worked with City Planning staff and the Planning Commission
to identify an initial area for zoning changes from multi-family to single-family. A
comprehensive neighborhood plan has not been done; however, one is needed to
analyze proposed zoning changes and to address other neighborhood issues. Because
similar land use and zoning issues are shared by other City neighborhoods, making
the resolution of problems in Raleigh Court a precedent for addressing issues in other
neighborhoods.
Fo
In November, 1998, Roanoke Renaissance recommended the preparation of'
neighborhood plans (four a year) as a strategy for revitalizing Roanoke's inner city
neighborhoods and addressing significant urban problems facing our community.
II. Issues:
A. Need for Neighborhood Plans.
B. Personnel.
C. Costs and funding.
D. Timing.
III. Alternatives:
mo
City Council approve a request for funding additional planning personnel and
Neighborhood Plans.
Need for Neighborhood Planning is critical. Detailed plans have been
recommended for neighborhoods since 1988 and have been requested most
recently by Roanoke Renaissance. The plans are necessary to provide a
detailed, comprehensive overview of land use, zoning, and public service
needs in neighborhoods. They provide a sound basis for planning, zoning,
public infrastructure and development decisions.
ao
Each plan would be adopted as part of the City's Comprehensive
Plan. This provides a legal basis for planning, zoning, and
development decisions. The plan would be approved and adopted by
both the City Planning Commission and City Council.
bo
Each plan would be comprehensive in scope and would include an
analysis of neighborhood issues (zoning, land use, housing, etc.),
economic development opportunities, human development and public
safety issues, and city infrastructure and facility needs.
l?
Members of Council
Page 3
o
Co
Each plan could be completed in approximately 3-4 months
depending on the size of the neighborhood, the complexity of issues,
and the follow-up work required (i.e. zoning changes).
do
Each plan would be undertaken in close coordination with
neighborhood residents, the neighborhood organization, the Roanoke
Neighborhood Partnership.
Additional personnel are needed to undertake Neighborhood Planning. Total
funding requested through June 1999 is $ 35,942~
ao
One full time City Planner is requested who will be devoted entirely
to Neighborhood Planning. Cost is expected to be $ 32,700 per year,
including benefits. Pro-rated cost for the remainder of this fiscal year
(February_ to June 1999) is $13,625.
One full time Associate Planner is requested who will assist the City
Planner in data collection, mapping, analyses, public workshops, etc.
Cost is expected to be $ 29, 560 per year, including benefits. Pro-
rated cost for the remainder of this fiscal year (February to June 1999)
is $12, 317.
C0
Funding of $ 5,000 per plan is requested to cover costs for workshop
supplies, mailings, newspaper public notices, legal advertisements,
and printing of neighborhood plans. Two plans will be initiated prior
to July 1999, making the pro-rated cost for the remainder of this fiscal
year $10,000.
d°
Consultant services for Neighborhood Planning were considered. It
was felt that use of outside services was not the best alternative
because of the amount of internal city coordination required in
preparing the plans and the continuing nature of the needed planning.
Permanent staffing is recommended.
Funding has been identified and is available from Contingency Account No.
001-002-9140-2199.
Timing is critical.
go
The multi-family zoning issues facing Raleigh Court have reinforced
the immediate need for a neighborhood plan. Planning staff and the
City Planning Commission have been working with representatives of
the Greater Raleigh Court Civic League on a strategy to develop a
neighborhood plan by April which will address multi-family zoning
issues and make legitimate recommendations for zoning changes.
Members of Council
Page 4
Other neighborhoods face similar issues. Proceeding with a
Neighborhood Plan in Raleigh Court will establish a model for how
we deal with zoning and land use issues in other city neighborhoods.
The health and stability of the City's neighborhoods are dependent on
proactive planning that protects property values and enhances those
important neighborhood qualities desired by residents. In addition, by
addressing problems and issues early through planning, public
services can be allocated accordingly, and may even be reduced.
do
Roanoke Renaissance recommended that "all aspects of a
neighborhood are interrelated and that the health of the neighborhoods
are integral to the health of the city and the region". The completion
of Neighborhood Plans was identified as an important strategy in
addressing inner city issues and in promoting economic development
for the city and the region.
City Council deny the request for funding for additional personnel and
Neighborhood Plans.
1. Need for neighborhood plans remains critical.
Personnel to undertake Neighborhood Plans will not be added. Existing
planning staff may be able to continue to work with Raleigh Court, but
cannot reallocate work efforts to sustain a Neighborhood Planning program.
o
Funding could be considered as part of the upcoming FY 1999-2000 budget
process.
Timing for completion of Raleigh Court plan and subsequent neighborhoods
would be affected. Planning would be delayed depending on existing work
responsibilities.
IV. Recommendation:
It is recommended that City Council concur in Alternative A, approve the requests for
additional funding for needed Planning personnel and Neighborhood Plans, and authorize
the transfer of $35,942 from Contingency Account 001-002 9410-2199 to the following
accounts:
001 052 8110 1002
001 052 8110 1105
001 052 8110 1120
001 052 8110 2010
Regular Employee Salaries
Retirement
FICA
Fees for Professional Services
$21,442
$ 2,515
$ 1,985
$10,000
$35,942
Members of Council
Page 5
Respectfully submitted,
W. Robert Herbert
City Manager
cc: City Attorney
Director of Finance
Director of Public Works
Acting Chief, Planning and Community Development
Budget Administrator
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
February 4, 1999
File #20-60-77-455
Sandra H. Eakin
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 34160-020199 authorizing the City Manager to
execute a Change Order on behalf of the City to the contract between the Virginia
Department of Transportation and Allegheny Construction Company, Inc., in the amount
of $45,688.00, for 1-581 Interchange improvements at Valley View Boulevard. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, February 1, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
James D. Grisso, Director of Finance
William F. Clark, Director, Public Works
Evelyn S. Lander, Chief, Planning and Community Development
Charles M. Huffine, City Engineer
Robert K. Bengtson, Traffic Engineer
Barry L. Key, Manager, Office of Management and Budget
N:\CY~LO 1 ~.GE]~DA99~EB I ,WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of February, 1999.
No. 34160-020199.
AN ORDINANCE authorizing the City Manager to execute a Change Order on behalf of the
City to the contract between the Virginia Department of Transportation and Allegheny Construction
Company, Inc., for the 1-581 Interchange improvements at Valley View Boulevard; and providing
for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager or the Assistant City Manager is authorized to execute for and on
behalf of the City, upon form approved by the City Attorney, a Change Order to the contract between
the Virginia Department of Transportation and Allegheny Construction Company, Inc., for the 1-581
Interchange improvements at Valley View Boulevard in connection with a 36 day delay in receipt of
approved construction plans, all as more fully set forth in the report to this Council dated February
1,1999.
2.
The Change Order will provide authorization for changes in timing or additions in the
work with an increase in the amount of $45,688 to the original contract, all as set forth in the above
report.
3. In order to provide for the usual daily operation of the municipal government, an
emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
February 1, 1999
No. 99-109
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
Subject: 1-581 Interchange Change Order
I. Background:
1-581 Interchange improvements at Valley View Boulevard were endorsed by
Roanoke City Council on March 18, 1996.
Federal Highway Administration notified the City on August 23, 1996, of its
approval of the new interchange access.
Co
Roanoke City Council approved an agreement with the Virginia Department
of Transportation for project construction bidding and administration on
December 16, 1996. (Resolution No. 33205-121696). City was required to
be responsible for 100% of all project costs.
Roanoke City CounCil officially notified VDOT of its approval of the Iow bid
submitted to VDOT by Allegheny Construction Company, Inc. (of Roanoke)
in the amount of $3,964,813.90 (Ordinance No. 33619-102297).
II. Current Situation:
Change orders to VDOT's construction contract with Allegheny Construction
Company, Inc., in excess of $25,000, require City Council approval. In an
effort to avoid delaying the contractor's progress, authority to approve any
such change orders will be requested from City Council as quickly as
possible after receiving the change order from VDOT.
Change order was recently forwarded to the City from VDOT in the amount
of $45,688.00. VDOT indicates that this change order is needed to make
payment to the contractor for a delay in the contractor's ability to begin
construction of the bridge over 1-581. This is due to a 36-day delay in receipt
Mayor Bowers and Members of Council
No. 99-109
Page 2
February 1, 1999
III.
IV.
of approved construction plans. The $45,688.00 was established by VDOT
as the monetary value for the 36-day delay due to changes in the timing of
the work. The changes in timing caused the contractor to alter his scheduled
use of manpower and equipment, resulting in higher costs. This change
order is not associated with any incentives (bonus) earned by the contractor.
The total of all change orders to date, including this change order, is
$296,307.10, which is 7.5% of the original contract amount.
Co
Funding is available in 1-581 Interchange account No. 008-052-9545-9001,
due to contingency funding for this project.
Issues:
A. Need
B. Funding
Alternatives:
City Council authorize City Manager to execute the VDOT change order with
Allegheny Construction Company for the amount of .$45,688.00 and 36
additional calendar days.
Need for change order is appropriate and comes with VDOT's
recommendation in order to compensate the contractor for the 36-day
delay.
Funding is available in 1-581 Interchange account No. 008-052-9545-
9001.
B. City Council not authorize City Manager execute change order.
1. Need for change order remains.
2. Funding for change order exceeds City Manager's authorization.
Mayor Bowers and Members of Council
No. 99-109
Page 3
February 1, 1999
Vo
Recommendation is that City Council approve Alternative "A" and thereby authorize
City Manager to execute the VDOT change order with Allegheny Construction
Company, Inc., for the amount of .$45,688.00 and 36 additional calendar days.
WRH/RKB/gpe
c: City Attorney
Director of Finance
Director of Public Works
Respectful~~,~submitted,
W. Robert Herbert
City Manager
Manager, Office of Management & Budget
Chief, Planning & Community Development
City Engineer
Traffic Engineer
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC/AAE
City Clerk
Sandra H. Eakin
Deputy City Clerk
' February 4, 1999
File #60-270-472
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34161-020199 amending and reordaining certain
sections of the 1998-99 General, Capital Projects and Civic Center Fund Appropriations,
providing for appropriation of $376,000.00 from Prior Year and Current Year Capital
Maintenance and Equipment Replacement Program and prior Year Retained Earnings, in
connection with operational needs of four City Departments; viz: Building Inspections,
Traffic Engineering, Engineering and Civic Center. The abovereferenced measure was
adopted by the Council of the City of Roanoke at a regular meeting which was held on
Monday, February 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
William F. Clark, Director, Public Works
D. Darwin Roupe, Manager, Supply Management
Diane S. Akers, Budget Administrator, Office of Management and Budget
N :\CKLO 1 ~AGEND A99h~..B 1 .WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of February, 1999.
No. 34161-020199.
AN ORDINANCE to amend and reordain certain sections of the 1998-99 General,
Capital Projects and Civic Center 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, Capital Projects and Civic Center Fund Appropriations, be,
and the same are hereby, amended and reordained to read as follows, in part:
General Fund
Aoorooriations
Nondepartmental $ 60,664,102
Transfer to Other Funds (1) .................................... 59,858,983
Fund Balance
Reserved for CMERP - City (2) ................................. $ 2,234,167
Capital Projects Fund
Appropriations
General Government $ 17,580,030
Municipal South- Public Area Remodeling (3) ..................... 184,700
Renovate City Market Building (4) ............................... 177,098
Traffic Engineering $ 2,628,764
Emergency Vehicle Traffic Signal (5) ............................ 758,747
Civic Center Fund
Appropriations
Civic Center - Concessions (6) ................................. $ 246,242
Retained Earnings
Retained Earnings (7) ...........................................
$ 2,925,072
1 ) Transfer to Capital
Projects Fund
2) Reserved for CMERP-City
3) Appropriated from
General Revenue
4) Appropriated from
General Revenue
5) Appropriated from
General Revenue
6) Other Equipment
7) Retained Earnings
(001-004-9310-9508)
(001-3323)
(008-052-9556-9003)
(008-052-9699-9003)
(008-052-9569-9003)
(005-056-2109-9015)
(005-3336)
269,000
(269,000)
32,500
:200,000
107,000
(107,000)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be
in effect from its passage.
ATTEST:
City Clerk.
Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
February 1, 1999
Council Report #99-310
II.
SUBJECT:
Appropriation of Funds from
Prior Year and Current Year
Capital Maintenance and
Equipment Replacement
Program and Prior Year
Retained Earnings
Background on the subject in chronological order is:
The Capital Maintenance and Equipment Replacement Proqram for
General Fund Accounts and Prior Year Retained Earnings for Internal
Service Accounts has identified various operational needs for four (4) City
Departments. Those departments are Building Inspections, Traffic
Engineering, Engineering and Civic Center.
The items and proiects identified on Attachment "A" of this report, are
necessary to continue to provide services to the Citizens in the most
efficient and effective manner.
Co
Items or projects listed on Attachment "A" will be obtained in accordance
with the requirements of the procurement section of the Code of the City
of Roanoke, Virginia.
The City Manager, by authority designated by City Council, can approve
expenditures of $75,000 or less once the Funds have been appropriated
by City Council.
Current Situation is:
A°
It is necessary for City Council to appropriate Funds from Capital
Maintenance and Equipment Replacement Programs and Prior Year
Retained Earnings to provide for the acquisition of the items listed on
Attachment "A" of this report.
Mayor David A. Bowers and Members of Council
Appropriation of Funds
February 1, 1999
Page 2
III.
IV
Issues in order of feasibility are:
A. Need
B. Funding
C. Timing
Alternatives in order of importance are:
City Council appropriate $376,000 to various accounts to provide for items
and projects identified on Attachment "A" of this report.
Need for the requested items and projects have been justified as
essential.
Funding for the acquisition of the requested items is available in
Prior Year and Current Year Capital Maintenance and Equipment
Replacement Program and Prior Year Retained Earnings
Accounts.
Timing will allow for the requested items to be procured in the most
efficient manner.
B. City Council not appropriate requested Funds.
Need for the acquisition of the necessary items and projects would
not be addressed with this alternative.
Funding designated for requested items or projects would not be
expended at this time, with this alternative.
Timing for the acquisition of the requested items would not be
accomplished in the most expedient manner.
Mayor David A. Bowers and Members of Council
Appropriation of Funds
February 1, 1999
Page 3
Recommendation is that City Council concur with Alternative "A" and
appropriate $376,000 as follows:
$32,500 from General Fund Prior Year Capital Maintenance and
Equipment Replacement Program to Capital Projects Fund Account
008-052-9556-9003.
$200,000 from General Fund Prior Year Capital Maintenance and
Equipment Replacement Program to Capital Projects Fund Account
008-052-9569-9003.
Co
$36,500 from General Fund Current Year Capital Maintenance and
Equipment Replacement Program to Capital Projects Fund Account
008-052-9699-9003.
$107,000 from Prior Year Retained Earnings to Civic Center Account
005-056-2109-9015.
CC;
City Attorney
City Clerk
Director of Finance
Director, Utilities & Operations
Director, Public Works
Manager, Supply Management
Management & Budget
Respectfully Submitted,
W. Robert Herbert
City Manager
I1.
III.
Attachment "A"
Funds designated in the Prior Year Capital Maintenance and Equipment
Replacement Program.
Building Inspections
Customer Service/Process Improvement
To provide for the payment of unanticipated items
in the remodeling of the First Floor of Municipal
South such as relocating of some doors, leveling
of concrete floor and installing telephone lines.
$ 32,500
Traffic Engineering
Emergency Vehicle Traffic Siqnal Preemption Program
(Opticom)
This is a continuation of the program to install
mechanisms on signaled intersections that will allow
emergency vehicles to obtain a green light at those
intersections when responding to an emergency
thereby insuring safety and reducing possible accidents.
$200,000
Total $232,500
Funds designated in the Current Year Capital Maintenance and Equipment
Replacement Program.
Engineering
Market Buildinq Roof Repair
Due to the degree of deterioration of the roof on the
Market Building, it is necessary to repair that roof
utilizing a Metal Roof coating system. This 5 step
process will allow that roof to be warranted for a
period of time.
$ 36,500
Funds designated in the Prior Year Retained Earnings Account.
Civic Center
Modification and updating of Concession Stands
This is to provide for the following to enhance and
update Civic Center Concessions:
$107,000
Attachment "A"
Page 2
Electrical Wiring
Kitchen Equipment
Metal Hood Fabrication and Installation
Tile Flooring and Installation
Plastering
Plumbing and Gas Connections
Popcorn Poppers
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
February 4, 1999
File #5-54
Sandra H. Eakin
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 34162-020199 authorizing and providing for an
agreement between the City of Roanoke and the Roanoke Valley Society for the
Prevention of Cruelty to Animals relating to the operation of an animal shelter by the
Society and increasing the impoundment boarding fee charged to animal owners. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, February 1, 1999.
Sincerely, P~u~,,,,~_
& P~arker'~, '
Mary F. CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
Donald T. Thorne, Executive Director, Roanoke Valley SPCA, Inc., P. O. Box
11863, Roanoke, Virginia 24022
James D. Grisso, Director of Finance
A. L. Gaskins, Chief of Police
George C. Snead, Jr., Director, Public Safety
Diane S. Akers, Budget Administrator, Office of Management and Budget
H:~AGENDA99~r.B I .WPD
IN THECOUNCILOFTHECITY OF ROANOKE, VIRGINIA,
The 1st day of February, 1999.
No. 34162-020199.
A RESOLUTION authorizing and providing for an agreement between the City of Roanoke
and the Roanoke Valley Society for the Prevention of Cruelty to Animals relating to the operation
of an animal shelter by the Society and increasing the impoundment boarding fee charged to animal
owners.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager or the Assistant City Manager is authorized and empowered to
issue, for and on behalf of the City, upon form approved by the City Attorney, a written agreement
between the City and the RoanOke 'galley Society for the Prevention of Cruelty to Animals, relating
to the operation of an animal shelter by the Society.
2. Such agreement which shall be for a term of six months effective January 1, 1999, and
which shall be renewable upon mutual consent of the parties shall provide that the City shall pay
$8.75 per day for each animal impounded at the request of the City and $8.75 per day for each stray
animal brought in by a citizen of the City, the latter charges to be for not more than a five-day
impoundment period per animal.
3. The following impoundment boarding fee shall be charged to the owner of any animal
impounded at the Society's facility:
First impoundment of animal ....................... $20.00
Second impoundment of animal within
12 consecutive months ........................... $35.00
Third or successive impoundment of animal
within 12 consecutive months .................... $50.00
Daily boarding fee .............................. $8.75
4. The Fee Compendium of the City, maintained by the Director of Finance and
authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27,
1995, effective as of that date, shall be amended to reflect the new impoundment fees to be charged.
ATTEST:
City Clerk.
February 1, 1999
Council Report No. 99-403
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
Subject:
Notice of increased rate schedule for services provided by
the Roanoke Valley SPCA to the City of Roanoke and other
jurisdictions and proposed increase in boarding fees for
impounded animals
I. BACKGROUND
Roanoke Valley SPCA has provided facilities and animal impounding
services for the city under a contractual agreement since 1979.
Roanoke Valley SPCA provides animal pound facilities and services for
Roanoke County, Botetourt County, Craig County and the Town of Vinton,
in addition to providing those services for the city.
City of Salem provides its own facilities and impoundment services.
January 1994 City Council approved the City of Roanoke entering into a
contractual agreement with Roanoke Valley SPCA for animal impounding
facilities and services with the right to renew the agreement annually
thereafter.
August 1996 City Council approved the impoundment boarding fee per
animal per day of $7.75 paid to the Roanoke Valley SPCA for domestic
animals.
The Honorable David A. Bowers, Mayor
and Members of City Council
Page 2
February 1, 1999
Roanoke County, Botetourt County, Craig County and the Town of Vinton
are compensating the Roanoke Valley SPCA at an identical impoundment
boarding fee rate ($7.75 per animal per day) as the City of Roanoke.
Go
Citizens are charged the following fees by the city for each domestic
animal picked up in the city by Animal Control and impounded at the
Roanoke Valley SPCA facility:
Pickup fees of $10.00 for the first pickup in a 12-month period
escalating to $20.00 for the second pickup and $30.00 for the third
pickup.
Boarding fee of $7.75 per day per animal when and if the owner
claims his animal from the Roanoke Valley SPCA.
II. CURRENT SITUATION
Ao
Roanoke Valley SPCA has notified the City of Roanoke and all other
jurisdictions they provide impoundment services for that the SPCA intends
to build a new facility and that the SPCA intends to terminate its
relationship (contracts) with the City of Roanoke and other municipalities
by approximately the Spring of 2000.
Roanoke Valley SPCA has also requested modifications to the current
SPCA contract (Attachment A), with all jurisdictions, to include:
Increase the impoundment boarding fee from $7.75 per day per
animal to $8.75 per day per animal.
Compensate the SPCA for all stray animals brought to the SPCA
by citizens of that jurisdiction. This is a new cost to the city. We
currently only compensate the SPCA for animals taken to the
facility by our Animal Control officers.
Roanoke City residents have during the calendar year 1998 brought an
average of 57 stray animals per month to the Roanoke Valley SPCA for
impoundment.
Roanoke City Animal Control impounds approximately 2,000 stray animals
(dogs and cats) annually at the Roanoke Valley SPCA. Fees paid the
The Honorable David A. Bowers, Mayor
and Members of City Council
Page 3
February 1, 1999
SPCA in FY98 totaled $76,177 and in FY97 totaled $85,866 for such
animals.
III.
Eo
Roanoke Valley SPCA Executive Director Donald Thorne emphasized
that the present fees paid by the city (and other jurisdictions of $7.75 per
animal per day) are not covering the actual SPCA expenses to provide
boarding, health care, administrative costs and euthanasia of animals.
FY1999 Animal Control budget provides for $100,000.00 to compensate
the SPCA for contractual animal impoundment services (paid monthly
based on the number of animals impounded.)
Boarding fees charged citizens by the city should be increased from $7.75
to $8.75 to reflect the actual cost of impounding an animal if the fee paid
to the SPCA is increased.
Animal pickup fees (fee charged animal owners) should be increased to
more accurately reflect Animal Control operating costs and to be
consistent with surrounding jurisdictions.
Regional Committee, including George Snead, Director of Public Safety,
John Chambliss, Assistant Roanoke County Administrator, Forest Jones,
Assistant City Manager, Ned McEIwaine, Assistant Botetourt County
Administrator, Elizabeth Frank, Craig County Administrator, and Kevin
Boggess, Assistant Town Manager, Town of Vinton, are working to
determine the most efficient and effective regional solution to the long
term issues of providing animal impounding facilities and services.
ISSUES
Ao
Continuation of required service
Cost
IV.
C. Funding
D. Regionalism
ALTERNATIVES
The Honorable David A. Bowers, Mayor
and Members of City Council
Page 4
February 1, 1999
Provide to the Roanoke Valley SPCA an animal impoundment boarding
fee increase to $8.75 per animal per day; further modify the contractual
agreement with the RVSPCA to be responsible for stray domestic animals
brought into the SPCA by City of Roanoke citizens; amend the city's fee
compendium to increase the city's authorized boarding fee from $7.75 per
animal per day to $8.75 per animal per day; and increase the
reimbursement fee charged citizens for animal pickup to $20.00 for the
first pickup, $35.00 for the second pickup and $50.00 for the third pickup
within a 12-month consecutive period. These revenue increases are
anticipated to have a minimal impact to the general fund.
Continuation of required services for animal impoundment would
be assured.
Cost of new contractual agreement from January 1, 1999 - June
30, 1999, will be approximately $61,012. This is based on applying
the increase in the animal impoundment fees for animals brought in
by Roanoke City Animal Control and adding the new cost of
impounding stray animals brought in by city residents.
New Rate/Old Rate=% Increase ($8.75/$7.75=12.9% increase)
YTD spending at 12/31/98 for impoundment: $40,788
Spending for next six months at 12.9% increase: $46,050
Stray animals brought in by city residents:
57 animals/month x 6 months x $8.75/day x 5 day
average stay
$14,962
Total $61,012
Approximate increase for the six-month period amounts to $18,079.
Funding should be sufficient in the Animal Control budget to cover
the cost increases in this contract. The current year funding of
$100,000 is higher than prior year average costs as cited in ll.D.
This will adequately fund added charges imposed by the SPCA.
Any minimal cost overruns as a result of this new contract can be
funded through a transfer from the General Fund contingency, if
needed.
The Honorable David A. Bowers, Mayor
and Members of City Council
Page 5
February 1, 1999
Regionalism - current regional approach to animal impoundment
fees and services would be continued, since other participating
localities have agreed to this increase.
Do not provide the Roanoke Valley SPCA an animal impoundment
boarding fee increase, or modification to the existing contractual
agreement to be financially responsible for stray domestic animals
brought to the Roanoke Valley SPCA by citizens of the City of Roanoke
and make no changes to the city's fee compendium for charges for certain
animal control services.
1. Animal Control impoundment services could be disrupted.
Cost would not increase by direct payment to the SPCA but the city
cost could increase significantly if Animal Control staff had to be
more involved with actually operating and managing the day-to-day
functions of the pound.
Funding for increased fee to the Roanoke Valley SPCA would not
be an issue. Funding source for probable direct increase in cost for
city animal control would be an issue.
4. Regionalism could be negatively affected.
V. RECOMMENDATION
A. City. Council adopt Alternative A and authorize the City Manager to:
Enter into a new six-month contractual agreement with the
Roanoke Valley SPCA for animal control impounding facilities and
services.
Increase the animal impoundment boarding fee paid the Roanoke
Valley SPCA to $8.75 per animal per day and amend the contract
with the Roanoke Valley SPCA to compensate the SPCA for
impounding stray domestic animals brought in by citizens of
Roanoke City, for not more than a five-day impoundment period
per animal.
The Honorable David A. Bowers, Mayor
and Members of City Council
Page 6
February 1, 1999
Authorize the Director of Finance to amend the city's fee
compendium to:
ao
Increase the impoundment boarding fee from $7.75 per
animal per day to $8.75 per animal per day and increase the
fee charged citizens for animal pickup to $20.00 for the first
pickup, $35.00 for the second pickup and $50.00 for the
third pickup within a 12-month consecutive period.
Resp~ ~,~,.~,~c~ull submitted
W. Robert Herbert
City Manager
ATTACHMENT
CC:
Police Chief
Animal Control Supervisor
Director of Finance
City Attorney
Director of Public Safety
Budget Administrator
City Clerk
December 18, 1998
ATTACHMENT A
ROANOKE SPCA INC.
Mr. George C. Snead
Director of Public Safety
Roanoke City
215 Church Avenue, Room 354
Roanoke, Virginia 24011
Dear Mr. Snead;
In reference to our discussions on the 1999 Contract between the Roanoke Valley SPCA, (RVSPCA)
and the City of Roanoke for operation of the Roanoke City Pound, I would like to propose the
following adjustments.
Since the contract period falls in the middle of the Municipal budget year, I would recommend that
we make this January 1, 1999 contract for a six month period. This would bring us to July 1, 1999,
where we could then develop a one year contract in line with your budget year. Hopefully, at that
time, we would both be better aware of the situation in the development of new facilities.
o
In the January 1, 1999, six month contract we would include the following:
a. The charge for housing and care of the animals would change from $ 7.75 per animal per
day to $ 8.75 per animal per day.
b. Presently animals brought in by citizens of Roanoke City are either strays or owner
releases. Up to this time the RVSPCA has received these animals without any compensation from
the City. We feel that the owner releases are our responsibility and will continue to care for them
without any support from the City. For the strays we receive as custodian for the City Pound, we
feel that financial compensation should be provided by the City. In order to be fair and not place
a financial burden on the City, we will base our bill on these strays at no more than for a peri0~ of
five c~. Should they have a collar and be required to be held for the ten day period,
then the RVSPCA will absorb the additional five days for this contract period. The five days will
be billed at the $ 8.75 per animal per day. Note that any of these strays which are claimed by the
owner will be handled as any other City Pound animal and the pickup fee, paid by the owner, will
be turned over to the City at the end of each month.
A NON-PROgL TA~ DED~Cll~.E CHA~ - P~OTECTING .4M~IMAL~ FI;~ A~J~E AND NEGLECT
I realize that you will have some concern as to the certification that these strays are coming
from Roanoke City citizens and are not owner releases. I am sure that the proper criteria
agreement can be worked out and we will develop a multiple copy form to keep the Animal Control
Division aware of what is received.
In regards as to the RVSPCA not receiving compensation for the first holding day when an
animal is brought to the Pound, we will continue to absorb that cost for the next six month contract
period.
The above adjustments do not cover the total costs to the RVSPCA for operating the
Municipal Pound, but are presented realizing that the City also has financial obligations and a total
budgetary process to consider. Many of the reasons for our request have been around for years but
have never been addressed for corrective measures. I strongly believe that the adjustments I have
presented in this and previous correspondence is justified. I also am confident that the only way to
come to some solutions to the overpopulation of animals in the Roanoke Valley will be with
coordination and cooperation of all concerned agencies.
Upon agreement with the above, we can work out incorporating it into an official contract form.
Sincerely,
Donald T. Thorne
Executive Director
344-9327
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
February 5, 1999
File #20-137
Sandra H. Eakin
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 34163-020199 amending and reordaining §20-1,
Compliance with chapter required; general penalty for violations, Code of the City of
Roanoke (1979), as amended, to increase the maximum fine for a traffic infraction from
$100.00 to $200.00. The abovereferenced measure was adopted by the Council of the
City of Roanoke at a regular meeting which was held on Monday, February 1, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
The Honorable Clifford R. Weckstein, Chief Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit
of Virginia
The Honorable Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of
Virginia
H:~.GENDA99~T~ l .WPD
W. Robert Herbert
February 5, 1999
Page 2
pc:
The Honorable
Virginia
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of
Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia
Julian H. Raney, Jr., Chief Judge, General District Court
George W. Harris, Jr., Judge, General District Court
Vincent A. Lilley, Judge, General District Court
William D. Broadhurst, Judge, General District Court
Jacqueline F. Ward Talevi, Judge, General District Court
The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic
Relations District Court
The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations
District Court
The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations
District Court
The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations
District Court
Evelyn Jefferson, Vice-President - Supplements, Municipal Code Corporation, P O.
Box 2235, Tallahassee, Florida 32316
The Honorable David C. Anderson, City Treasurer
The Honorable Donald S. Caldwell, Commonwealth's Attorney
Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building,
Roanoke, Virginia 24011
Ronald S. Albright, Clerk, General District Court
Patsy A. Bussey, Clerk, Juvenile and Domestic Relations District Court
Peggy B. Stewart, Office of the Magistrate
James D. Grisso, Director of Finance
George C. Snead, Jr., Director, Public Safety
A. L. Gaskins, Chief of Police
H:~AGENDA99~'F.B I .WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of February, 1999.
No. 34163-020199.
AN ORDINANCE amending and reordaining §20-1, Compliance with chapter
required; general penal _t7 for violations, Code of the City of Roanoke (1979), as amended,
to increase the maximum fine for a traffic infraction from $100 to $200; and providing for
an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Section 20-1, Compliance with chapter required; general penal _ty for violations,
Code of the City of Roanoke (1979), as amended, is amended and reordained as follows:
§20-1. Compliance with chapter required; general penal _ty for violations
It shall be unlawful for any person to refuse, fail or neglect to comply
with any of the provisions of this chapter. Unless other wise specifically
provided, a violation of this chapter shall constitute a traffic infraction
punishable by a fine of not more than two hundred dollars ($200.00).
2. In order to provide for the usual daily operation of the municipal government,
an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its
passage.
ATTEST:
City Clerk.
WILBURN C. DIBLING, JR.
CITY ATTORNEY
CITY OF ROANO :t
OFFICE OF CITY ATT0~NE~
464 MUNICIPAL BUILDING
215 CHURCH AVENU~tSW
ROANOKE, VIRGINIA 240T~-i5~}~?
TELEPHONE: 540-853-2431
FACSIMILE: 540-853-1221
E-MAlL:cityatty @ci.roanoke.va.us
February 1, 1999
WILLIAM X PARSONS
STEVEN J. TALEVI
GLADYS L. YATES
GARY E. TEGENKAMP
ASSISTANT CITY ATTORNEYS
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Fine for traffic infraction
Dear Mayor Bowers and Council Members:
You will recall that, by report of January 13, 1999, submitted to City Council at its
Financial Planning Session held on January 16, I recommended that the maximum fine for
a traffic infraction as set out in the Code of the City of Roanoke (1979) be increased from
$100 to $200. I am attaching a copy of my January 13 report for your convenience. At the
City Council meeting of January 19, Council requested that I prepare the required ordinance
to increase the maximum penalty for a traffic infraction from $100 to $200.
Acting pursuant to the authority of § §46.2-1300 and 46.2-1313 of the State Code, City
Council has adopted all the provisions and requirements of Title 46.2 regulating operation
of motor vehicles except those provisions and requirements the violation of which constitutes
a felony and except those provisions and requirements which, by their very nature, could
have no application to or within the City of Roanoke. See §20-6, Code of the City of
Roanoke (1979), as amended (City Code). City Council has further provided that any
violation of any provision of Title 46.2 incorporated by reference in the City Code shall
constitute a traffic infraction punishable by a fine of not more than $100. Section 20-1, City
Code. Under Title 46.2 of the State Code, however, traffic infractions are punishable by a
fine of not more than $200 unless otherwise stated. Section 46.2-113, State Code. By
adoption of the attached ordinance, City Council will establish the maximum fine possible
for a traffic infraction and provide clear authority for the judiciary to impose fines in excess
of $100 for traffic offenses where appropriate.
I will be pleased to address any questions members of Council may have with respect
to this matter.
H:\COUNCIL\l-hmtrff. 1 .wpd
The Honorable Mayor and Members
of City Council
February 1, 1999
With kindest personal regards, I am
WCD:f
Attachment
Sincerely yours,
Wilburn C. Dibling, Jr.
City Attorney
W. Robert Herbert, City Manager
James D. Grisso, Director of Finance
Mary F. Parker, City Clerk
George C. Snead, Director of Public Safety
A. L. Gaskins, Chief of Police
The Honorable Donald S. Caldwell, Commonwealth's Attorney
H:\COUNCIL\l-hmtrff. 1 .wpd
WILBURN C. DIBLING, JR.
CITY ATI'ORNEY
CITY OF ROANOKE
OFFICE OF CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 2401 l- 1595
TELEPHONE: 540-853.2431
FACSIMILE: 540-853-1221
E-MAIL;cityatty @ci.roanoke.va.us
January 13, 1999
WILLIAM X PARSONS
STEVEN J. TALEVI
GLADYS L. YATES
GARY E. TEGENKAMP
ASSISTANT CITY A'Fi'ORNEYS
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re.'
Fines for traffic offenses - proposed increase in penalties;
and imposition of prosecution fee and police investigation
fee upon convicted persons
Dear Mayor Bowers and Council Members:
At the Council meeting of January 4, 1999, Council Member Swain requested
information as to the penalty for failure to display a valid State motor vehicle inspection
sticker and the penalty for failure to display a valid City motor vehicle decal. At the same
time, Mayor Bowers inquired as to whether the City.may impose a prosecution fee and a
police investigation fee upon persons convicted of criminal offenses. These matters were
referred to the City Attorney for legal review, and I am pleased to provide this report to City
Council in response to the January 4, 1999, inquiries.
QUESTIONS PRESENTED
May City Council increase the fine for failure to submit a motor vehicle
for inspection or for failure to correct or have corrected mechanical
defects found by such inspection to exist?
May City Council increase the fine for operating a motor vehicle
without a valid City decal?
May City Council impose a prosecution fee or police investigation fee
upon persons convicted of criminal offenses?
The Honorable Mayor and Members
of City Council
January 13, 1999
Yes, City Council may increase the fine for a traffic infraction from
$100 to $200. The increase would apply to all violations of Title 46.2
of the State Code which are incorporated by reference in the City Code.
No, the penalty for driving a motor vehicle without a valid City decal
is a Class 4 misdemeanor, the maximum permitted by State law.
No, establishment of fees assessed as costs in criminal proceedings is
reserved to the General Assembly.
DISCUSSION OF LAW
Title 46.2 of the Code of Virginia regulates the titling, registration and licensure of
motor vehicles and their operation. Section 46.2-1300.A. of the Code of Virginia (1950),
as amended (State Code), provides that the governing bodies of the counties, cities and towns
may adopt ordinances not in conflict with the provisions of Title 46.2 to regulate the
operation of vehicles on the highways in such counties, cities and towns. Subsection C. of
§46.2-1300 prohibits any local governing body from providing penalties for the violation of
an ordinance regulating the operation of motor vehicles which is greater than the penalty
imposed for a similar offense under Title 46.2. When a local governing body adopts an
ordinance incorporating Title 46.2 as City Council has done, all fines imposed for violation
of the incorporated sections of Title 46.2 are paid into the local treasury.
Acting pursuant to the authority of § §46.2-1300 and 46.2-1313 of the State Code, City
Council has adopted all the provisions and requirements of Title 46.2 except those provisions
and requirements the violation of which constitutes a felony and except those provisions and
requirements which, by their very nature, could have no application to or within the City of
Roanoke. See §20-6, Code of the City of Roanoke (1979), as amended (City Code). City
Council has further provided that any violation of any provision of Title 46.2 incorporated
by reference in the City Code shall constitute a traffic infraction punishable by a fine of not
more than $100. Section 20-1, City Code. Under Title 46.2 of the State Code, however.
traffic infractions are punishable by a fine of not more than $200 unless otherwise stated.
Section 46.2-113, State Code.
The Honorable M_ayor and Members
of City Council
January 13, 1999
3
In the interest of completeness, I note that by Rule 3B:2 the Supreme Court of
Virginia has established a uniform fine schedule for enumerated traffic offenses. The
schedule, which is mandatory, applies to cases where the offense did not result in an accident
and the driver enters a written appearance waiving a court hearing and pleading guilty.
Review of the 22-page schedule reflects that no traffic offense carries a fee in excess of $100,
notwithstanding that the maximum punishment for a traffic offense under State Code is a
$200 fine.
Safety. Inspections
Section 46.2-1157 of the State Code provides that no owner or operator of a motor
vehicle shall fail or refuse to have such vehicle inspected or fail or refuse to correct or have
corrected any mechanical defects found by such inspection to exist. The same section
provides that each day during which a motor vehicle is operated on a highway after failure
to comply with this law shall constitute a separate offense. Section 46.2-1157 also provides
that any violation of this section constitutes a traffic infraction. As previously noted, traffic
infractions are punishable by a $200 fine under the State Code and by a fine of $100 under
the City Code.
Failure to Display a Valid Local Decal
Section 46.2-752(g) provides that local governments may, by ordinance, provide that
it shall be unlawful for any owner or operator of a motor vehicle to fail to obtain and display
the local license (decal) required by any ordinance adopted by the local governing body and
that any violation of such ordinance shall constitute a misdemeanor the penalty for which
shall not exceed a Class 4 misdemeanor. Acting pursuant to the authority of the State Code,
City Council has established a local motor vehicle license tax and further provided that it
shall be unlawful for any owner ora motor vehicle to fail to obtain and display the required
decal. See §20-33.1(a), City Code. City Council has further provided that operation of a
motor vehicle without the required decal shall be a Class 4 misdemeanor. See §20-33.1 (h).
Thus, the penalty for this violation is already at the maximum permitted by State law.
Fee~s
Fees assessed as court costs are controlled by the State Code. Fees charged
criminal cases in circuit courts are enumerated in §17.1-275 of the State Code. [_'pon
conviction in a felony ease, a defendant is charged a fee of $36. Section 17.1-275.A.
The Honorable Mayor and Members
of City Council
January 13, 1999
In all felony cases resulting in convictions, the clerk is required to assess against the
defendant the fees of the Commonwealth's Attorney as provided for in {}15.2-1627.3. In
addition, upon conviction of a drug-related offense, a defendant is assessed an additional fee
of $100 and a fee of $100 per case for any forensic laboratory analysis performed for use in
prosecution of such violation. Section 17.1-275.A. 10.b. Upon conviction in misdemeanor
cases, the clerk is required to charge the defendant $26 in each case. Section 17.1-
275.A. 11.a. In addition, for each misdemeanor case, the clerk is required to collect and tax
as costs fees for the attorneys for the Commonwealth, fees for court appointed counsel and
fees for public defenders. Section 17.1-275.A. 11.c. Section 15.2-1627.3 of the State Code
sets out the fees of attorneys for the Commonwealth that are assessed against convicted
persons. This section provides that, if the punishment prescribed may be death, the fee shall
be $20; if the punishment prescribed is less than death, the fee shall be $10. For each
prosecution at a preliminary hearing, the fee is $5, and for each misdemeanor prosecution,
the fee is $5.
Fees assessed in criminal and traffic cases in district courts are set out in {} 16.1-69:48
of the State Code. Primary among these fees is a processing fee of $28. A fee in the amount
of $10 may also be assessed ifa defendant fails to appear without good cause. Section 15.2-
1627.3 of the State Code provides that no fees shall be allowed to the Commonwealth for
prosecution of misdemeanor cases in district courts.
Since the State Code specifies prosecution fees in the circuit courts and further
specifies that there shall be no prosecution fee in district courts, I am of the opinion that City
Council may not establish prosecution fees. As to a fee for police investigation, State Code
does provide for this fee, and careful review of the State Code, including Title 15.2, reflects
that the General Assembly has not bestowed on the local governments of the Commonwealth
the power to impose this fee. I cannot conclude that the power to impose such fee ~s
necessarily or fairly implied in or incident to powers expressly granted to the City. or
essential to the declared objects of the City and, therefore, must opine that such power does
not exist under the well-known Dillon Rule. See Stallings v, Wall, 235 Va. 313,367 S.F_.
2d 496 (1988).
Recommendation
I recommend that City Council adopt an ordinance amending {}20-1 of the City Code
to increase the maximum fine for a traffic infraction from $1 O0 to $200. Such amendment
would establish the maximum fine possible under the law and provide clear authority for the
The Honorable Mayor and Members
of City Council
January 13, 1999
judiciary to impose fines in excess of $100 for traffic offenses in rare cases where
appropriate. Given the mandatory application of the uniform fine schedule to offenses where
the driver waives appearance and pleads guilty and the fact that traffic fines rarely approach
$100 under current law, amendment of {}20-1 to increase the fine for a traffic infraction to
$200 would not result in any significant increase in revenue to the City.
With kindest personal regards, I am
Sincerely yours,
Wilbum C. Dibling, Jr.
City Attorney
WCD:f
cc W. Robert Herbert, City Manager
James D. Grisso, Director of Finance
George C. Snead, Director of Public Safety
A. L. Gaskins, Chief of Police
The Honorable Donald S. Caldwell, Commonwealth's Attorney
CITY OF ROANOKE
OFFICE OF CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW WILLIAM X PARSONS
ROANOKE, VIRGINIA 24011 - 1595 STEVEN J. TALEVI
TELEPHONE: 540-853-2431 GLADYS L. YATES
WILBURN C. DIBLING, JR. FACSIMILE: 540-853-1221 GARY E. TEGENKAMP
CITy ATrORNEY E-MAIL:cityatty@ci.roanoke.va. us ASSISTANT CITY ATrORNEYS
February 1, 1999
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Appeals from Architectural Review Board
Dear Mayor Bowers and Council Members:
At the Council meeting of January 19, 1999, Mayor Bowers inquired as to why
appeals from the Architectural Review Board (ARB) go to City Council rather than directly
to the Circuit Court as in the case of appeals from the Board of Zoning Appeals. The
Mayor's inquiry was referred to me for review and report.
Section 62(24) of the City Charter authorizes the Council to create the ARB and
appoint its members. The same section provides for a two step appellate process. Any
decision of the ARB may be appealed to the City Council, and any decision of the Council
may be appealed to the Circuit Court pursuant to § 15.1-503.2 (now § 15.2-2306) of the Code
of Virginia.
Section 15.2-2306.A. 1, Code of Virginia (1950), as amended, provides that a local
governing body may adopt an ordinance as to historic districts providing that no building or
structure shall be erected, reconstructed, altered or restored within any such district "...
unless approved by the review board [ARB], or on appeal, by the governing body of the
locality .... " It is further provided that a local ordinance may provide that no historic
landmark, building or structure shall be raised, demolished or moved unless "... approved
by the review board or, on appeal, by the governing body .... "See §15.2-2306.A.2.
Finally, it is provided that a local ordinance shall provide "... for appeals to the circuit court
for such locality from any final decision of the governing body .... "See § 15.2-2306.A.3.
The Honorable Mayor and Members
of City Council
February 1, 1999
Page 2
Based on the foregoing authorities, I am of the opinion that the appellate process
established by the Code of the City of Roanoke for ARB appeals is in full compliance with
both the City Charter and the Code of Virginia. Other cities may utilize different appeal
procedures which are authorized by unique provisions of local charters.
With kindest personal regards, I am
WCD:f
CCi
Wilbum C. Dibling, Jr.
City Attorney
W. Robert Herbert, City Manager
Mary F. Parker, City Clerk
William F. Clark, Director of Public Works
Evie Lander, Chief, Planning and Community Development
H:\COUNCIL\I-hmarb. 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 240 ! 1-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
February 1, 1999
File #467
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
Pursuant to Chapter 9, Education, of The Code of the City of Roanoke (1979), as
amended, establishing a procedure for the election of School Board Trustees, this is to
advise you that the three year terms of office of Brian J. Wishneff and Charles W. Day will
expire on June 30, 1999.
Pursuant to Section 9-16 of The Code of the City of Roanoke (1979), as amended, on or
before February 15 of each year, Council shall announce its intention to elect trustees of
the Roanoke City School Board for terms commencing July 1 through (1) public
announcement of such intention at two consecutive regular sessions of the Council and
(2) advertisement of such intention in a newspaper of general circulation in the City twice
a week for two consecutive weeks.
Section 9-17 of the City Code provides that applications must be filed in the City Clerk's
Office by March 10 of each year. Application forms will be available in the City Clerk's
Office and may be obtained between the hours of 8:00 a.m., and 5:00 p.m., Monday
through Friday. Information describing the duties and responsibilities of School Board
Trustees will also be available.
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
February 8, 1999
File #10-58-60
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
February 1, 1999, Council Member White raised a question with regard to the amount of
funds to be included in the Insurance Reserve. The Director of Finance advised that
pursuant to provisions of Section 2-188.1, Reserve for Self-Insured Liabilities, of the City
Code, the maximum balance of the insurance reserve is three per cent of total General
Fund appropriations for the concluded fiscal year; $250,000.00 is budgeted to the account
each fiscal year; however, the total amount has not reached three per cent; whereupon,
Mr. White inquired if three per cent of the City's General Fund appropriation is a realistic
figure.
It was the consensus of Council that the matter would be referred to 1999-2000 budget
study and to the Financial Planning Session on Saturday, March 20, 1999, at 8:30 a.m.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc:
W. Robert Herbert, City Manager
Diane S. Akers, Budget Administrator, Office Of Management and Budget
H:~AGENDA99WF_Jl I .WPD
Department of Finance
City of Roanoke, Virginia
February 1, 1999
TO:
FROM:
SUBJECT:
Honorable Mayor and Members of City Council
James D. Grisso, Director of Finance
December Financial Report
This financial report covers the first half of the 1998-99 fiscal year. The following narrative discusses
revenues and expenditures to date.
REVENUE
General Fund revenues reflect an increase of 6.15% or $3,470,000 compared to FY98. Variances in
specific categories of revenues are as follows:
General Property Taxes have increased 3.70% or $813,000 due to an increase in real estate taxes.
Real estate taxes have grown 3.53%, slightly above the budgeted increase of 3.08%.
Other Local Taxes are up 6.24% or $1,038,000. Sales tax rose $367,000 or 5.56%, in part due to a
timing difference regarding the receipt of June 1998 tax. Taking this into consideration, sales tax rose
3.29%. 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 CAD system.
Electric service utility tax revenue is also up.
Revenue from Use of Money and Property decreased $153,000 or 23.82% due to a decline in interest
revenue resulting from lower average daily cash balances in the General Fund. Rental income from the
Commonwealth Building also dropped.
Grants-in-Aid Commonwealth are up $1,676,000 or 12.59%. Social service reimbursements from
the Commonwealth have increased across the board. Reimbursement received from the State
Compensation Board for the expenditures of the Sheriff and Jail increased approximately $150,000
from FY98.
Miscellaneous Revenue decreased 18.85% or $22,000 due to a decline in proceeds from the sale of
surplus property.
Internal Services have increased $99,000 or 9.31% 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 billings by engineering and custodial services.
Honorable Mayor and Members
Roanoke City Council
February 1, 1999
Page 2
EXPENDITURES AND ENCUMBRANCES
Expenditures and encumbrances in the General Fund have increased 7.71% or $6,541,000 since FY98.
Variances in individual expenditure categories are discussed as follows:
General Government expenditures increased 12.53% or $644,000. 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 $1,799,000 or 19.68%. Due to welfare reform, the City now
receives more funding designated for day care service payments. Day care service benefits provided
to clients increased substantially from FY98 to FY99 as a result.
Parks, Recreation and Cultural expenditures are up 6.85% or $148,000 as a result of increased
expenditures and a decline in reimbursements received by the Recreation Department. Publication and
subscription expenditures, CIS charges and personal service costs of thc Library also increased.
Community Development expenditures rose $74,000 or 5.57%. An increase in memberships and
affiliations expenditures resulting from timing differences was partially offset by a decrease in
personnel costs of the Community Planning and Youth and Family Services\Community Education
departments.
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.
Nondepartmental expenditures rose $366,000 or 6.73% due to increased transfers to the Capital
Projects Fund resulting from the appropriation of funding for various construction projects. This
increase is partially offset by a decrease in transfers to the Fleet Management fund. During FY98,
CMERP funds of $457,000 were appropriated and transferred to purchase vehicular equipment.
I would be pleased to answer any questions which City Council may have regarding the monthly
financial statements.
JDG/THT
Attachments
D~rector of F~nance
Balance July 1, 1998
Ordinance
Number Date
CMT 138 07/31/98
33974 08/17/98
33985 08/17/98
CMT 142 08/19/98
CMT 318 08/24/98
34030 10/16/98
CMT367 10/20/98
CMT156 11/09/98
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
CONTINGENCY BALANCE
DECEMBER 3'1, '1998
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
Balance December 31, 1998
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
$379,244
(2,967)
(14,806)
(2,545)
(350)
(2,500)
(lO,OOO)
(7,000)
(7,425)
$331,681
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
STATEMENT OF REVENUE
Year to Date for the Period
July 1 - Dec 31 July I - Dec 31
_Revenue Source 1997-98 1998-99
General Property Taxes $21,970,258 $22,782,902
Other Local Taxes 16,640,614 17,678,799
Permits, Fees and Licenses 349,887 371,744
Fines and Forfeitures 507,272 494,305
Revenue from Use of Money and Property 644,187 490,756
Grants-in-Aid Commonwealth 13,306,707 14,982,467
Grants-in-Aid Federal Government 16,984 17,130
Charges for Services 1,802,695 1,813,708
Miscellaneous Revenue 114,932 93,270
Internal Services 1,058,301 1,156,850
Total $56,~1! ,8~ $59,881,931
Current Fiscal Year
Percent of
Revised Revenue
Percentage Revenue Estimate
of Change Estimates Received
3.70 % $67,678,685 33.66%
6.24 % 52,032,919 33.98%
6.25 % 698,800 53.20%
(2.56) % 1,035,000 47.76%
(23.82) % 1,043,760 47.02%
12.59 % 40,437,663 37.05%
0.86 % 34,260 50.00%
0.61% 3,271,270 55.44%
(18.85) % 274,300 34.00%
9.31% 2,133,773 54.22%
6.15 % $168,640,430 35.51%
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
Year to Date for the Period
July 1 - Dec 31 July 1 - Dec 31
Expenditures 1997-98 1998-99
General Government $5,142,586 $5,787,001
Judicial Administration 2,179,971 2,204,620
Public Safety 19,230,302 20,052,621
Public Works 13,704,187 13,945,444
Health and Welfare 9,140,958 10,940,057
Parks, Recreation and
Cultural 2,162,586 2,310,622
Community Development 1,321,125 1,394,661
Transfer to Debt Service
Fund 6,026,233 7,987,926
Transfer to School Fund 20,463,544 20,923,514
Nondepartmental 5,430,972 5,7~96,631
Total $84,802,464 $91,343,097
Current Fiscal Year
Percent of
Percentage Unencumbered Revised Budget
of Change Balance Appropriations Obligated
12.53 % $5,606,740 $11,393,741 50.79%
1.13 % 2,280,575 4,485,195 49.15%
4.28 % 20,368,315 40,420,936 49.61%
1.76 % 10,586,464 24,531,908 56.85%
19.68 % 13,148,266 24,088,323 45.42%
6.85 % 2,082,044 4,392,666 52.60%
5.57 % 1,373,058 2,767,719 50.39%
32.55 % 2,754,700 10,742,626 74.36%
2.25 % 20,923,515 41,847,029 50.00%
6.73 % 2,008,~816 7,805,447 74.26%
7.71 % $81,132,493 $172,475,590 52.96%
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 I - Dec 31 July 1 - Dec 31 Percentage
1997-98 1998-99 of Change
$3,207,420 $3,258,194 1.58 %
17,219,036 17,445,294 1.31%
1,252,833 986,448 (21.26) %
979,505 1,350,739 37.90 %
20,463,544 20,923,514 2.25 %
4,488,913 4,398,594 (2.01) %
$47,611,251 $48,362,783 1.58 %
Current Fiscal Year
Percent of
Revised Revenue
Revenue Estimate
Estimates Received
$8,269,520 39.40%
35,953,544 48.52%
2,924,162 33.73%
3,158,735 42.76%
41,847,029 50.00%
5,626,733 NA
$97,779,723 49.46%
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
Year to Date for the Period
Expend itu res
Instruction $29,112,427 $30,589,083 5.07 %
General Support 1,495,139 1,640,063 9.69 %
Transportation 1,316,116 1,351,734 2.71%
Operation and
Maintenance of Plant 4,462,405 4,196,775 (5.95) %
Food Services 1,780,059 1,722,143 (3.25) %
Facilities 1,938,558 1,301,223 (32.88) %
Other Uses of Funds 3,207,987 3,584,292 11.73 %
Special Purpose Grants 5,929,692 5,626,733 (5.11) %
Total $49,242,383 $50,012,045 1.56 %
Current Fiscal Year
Percent of
July I - Dec 31 July 1 - Dec 31 Percentage Unencumbered Revised Budget
1997-98 1998-99 of Change Balance Appropriations Obligated
$37,415,849
1,760,276
1,934,177
5,162,538
2,427,051
64,004
564,821
$49,328,717
$68,004,932
3,400,339
3,285,911
9,359,313
4,149,194
1,365,227
4,149,113
5,626,733
$99,340,762
44.98%
48.23%
41.14%
44.84%
41.51%
95.31%
86.39%
N/A
50.34%
3
CITY OF ROANOKE, VIRGINIA
CAPITAL PROJECTS FUND
STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND
UNENCUMBERED APPROPRIATIONS SUMMARY AS OF DECEMBER 31, 1998
General Government
Public Safety
Community Development
Recreation
Streets and Bridges
Sanitation Projects
Traffic Engineering & Communications
Other Infrastructure Projects
Capital Improvement Reserve
Expenditures Unexpended Outstanding Unobligated
Budget To Date Balance Encumbrances Balance
$17,511,030 $12,681,714 $4,829,316 $403,208 $4,426,108
1,998,195 177,334 1,820,861 21,523 1,799,338
1,081,000 427,812 653,188 612,063 41,125
2,532,645 847,199 1,685,446 175,275 1,510,171
23,259,547 15,573,390 7,686,157 5,081,636 2,604,521
1,245,994 861,111 384,883 70,031 314,853
2,428,764 2,122,044 306,720 75,533 231,187
22,430,864 9,261,068 13,169,796 6,205,818 6,963,978
11,564,774 11,564,774 11,564,774
Total $84,052,813 $41,951,672 $42,101,141 $12,645,085
$29,456,056
CITY OF ROANOKE, VIRGINIA
SCHOOL CAPITAL PROJECTS FUND
STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND
UNENCUMBERED APPROPRIATIONS SUMMARY AS OF DECEMBER 31, 1998
Education
Capital Improvement Reserve
Total
Expenditures Unexpended Outstanding
Budget To Date Balance Encumbrances
$25,989,595 $19,012,258 $6,977,337 $6,678,090
(12,055,200) (12,055,200)
$13,934,395 $19,012,258 ($5,077,863) $6,678,090
Unobligated
Balance
$299,247
(12,055,200)
($11,755,953)
4
CITY OF ROANOKE, VIRGINIA
CAPITAL PROJECTS FUND
COMPARATIVE STATEMENT OF REVENUES
FOR THE 6 MONTHS ENDING DECEMBER 31, 1998
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
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
$626,423
342,862
969,285
18,822
3,141
109,150
131,113
6,000
6,000
3,150,885
$4,257,283
FY 1998
$654,955
236,819
891,774
870,185
145,084
1,015,269
63,600
15,779
79,379
2,178,346
$4,164,768
CITY OF ROANOKE, VIRGINIA
SCHOOL CAPITAL PROJECTS FUND
COMPARATIVE STATEMENT OF REVENUES
FOR THE 6 MONTHS ENDING DECEMBER 31, 1998
Interest Revenue:
Interest on Idle Working Capital
Total
1999
($46,365)
($46,365)
1998
CITY OF ROANOKE, VIRGINIA
WATER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 6 MONTHS ENDING DECEMBER 31, 1998
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
$1,623 979
1,543 126
123 371
11 423
897 695
13 888
43 084
2,108
196,175
4,454,849
730,848
1,724,481
705,774
3,161,103
1,293,746
157,609
24,144
15,733
325,000
(569)
(665,263)
(143,346)
$1,150,400
FY 1998
$1,567,371
1,474,417
113,650
12,240
731,143
88O
321,710
4,221,411
700,189
1,704,415
700,483
3,105,087
1,116,324
160,047
10,340
22,149
(730,627)
(233,446)
(771,537)
$344,787
6
CITY OF ROANOKE, VIRGINIA
SEWAGE TREATMENT FUND
COMPARATIVE INCOME STATEMENT
FOR THE 6 MONTHS ENDING DECEMBER 31, 1998
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
$3,814,994
416,165
61,978
264,275
52,341
63,452
59,004
4,732,209
870,053
2,892,066
489,862
4,251,981
480,228
348,728
11,781
(4,382)
356,127
$836,355
FY 1998
$3,650,677
416,309
89,910
263,186
50,219
104,195
30,678
4,605,174
853,911
2,531,115
484,427
3,869,453
735,721
276,579
10,757
(37,071)
250,265
$986,986
7
CITY OF ROANOKE, VIRGINIA
CIVIC CENTER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 6 MONTHS ENDING DECEMBER 31, '1998
Operating Revenues
Rentals
Parking Fee
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 General Fund
Interest on Investments
Miscellaneous
Loss on Disposal of Fixed Assets
Total Nonoperating Revenues
Net Income
FY 1999
$219,912
70,478
63,765
1,424
44,515
1,560
8,340
83,900
24,295
4,458
522,647
548,385
603,337
199,535
1,351,257
(828,610)
858,771
34,512
1,079
(25,372)
868,990
$40,380
FY 1998
$180,373
68,996
58,502
4,766
55,606
54,89O
28,938
452,071
498,937
527,071
200,995
1,227,003
(774,932)
952,162
22,851
5,881
980,894
$205,962
8
CITY OF ROANOKE, VIRGINIA
TRANSPORTATION FUND
COMPARATIVE INCOME STATEMENT
FOR THE 6 MONTHS ENDING DECEMBER 31, 1998
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
$148,791
205,268
91,512
204,716
136,911
29,855
817,053
314,759
272,331
587,090
229,963
1,962
(283,831)
1,214,506
(514,130)
2,342
420,849
$650,812
FY 1998
$125,931
203,913
86,427
187,624
113,920
48,095
765,910
288,212
272,073
560,285
205,625
(83)
(264,632)
1,097,773
(29,682)
1,363
804,739
$1,010,364
CITY OF ROANOKE, VIRGINIA
HOTEL ROANOKE CONFERENCE CENTER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 6 MONTHS ENDING DECEMBER 31, 1998
Operating Revenues
Conference Center
Total Operating Revenues
FY 1999 FY 1998
CONFERENCE
COMMISSION(I) CENTER(2)
TOTAL
$ $ 1,398,777 $ 1,398,777 $ 1,527,697
1,398,777 1,398,777 1,527,697
Operating Expenses
Commission
Conference Center
Total Operating Expenses
124,858 - 124,858 40,136
- 1,252,983 1,252,983 1,270,248
124,858 1,252,983 1,377,841 1,310,384
(124,858) 145,794 20,936 217,313
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
Net Nonoperating Revenues (Expenses)
87,500 - 87,500
87,500 87,500
- - 572
23,149 23,149 10,427
(10,592) (10,592) (7,701)
198,149 (10,592) 187,557 3,298
Net Income Before Depreciation
73,291 135,202 208,493 220,611
Depreciation Expense/Replacement Reserve
232,494 27,976 260,470 262,857
Net Income (Loss) ($159,203) $107,226 ($51,977) ($42,246)
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 6 MONTHS ENDING DECEMBER 31, 1998
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
$2,083,425 $73,114 $61,637 $1,656,401 $2,192,810 $3,503,002 $9,570,388 $7,955,337
2,083,425 73,114 61,637 1,686,401 2,192,810 3,503,002 9,670,388 7,956,337
803,619 52,128 13,058 1,184,561 634,479 90,655 2,778,500 2,575,042
488,826 7,778 36,871 276,917 488,762 4,059,005 5,358,159 4,104,649
244,003 922 7,202 71,476 860,343 1,183,945 1,197,988
1,536,448 60,827 57,131 1,532,954 1,983,654 4,149,660 9,320,654 7,877,679
546,977 12,287 4,606 123,446 209,226 (546,658) 249,784 77,658
93,170 (2,174) 5,794 36,642 17,673 249,941 401,047 410,170
276,713
220,829 88,953 250,000 559,782 1,022,862
(285,581)
(9,938) (49,500) (59,438)
313,999 (2,174) 6,754 36,542 106,626 499,541 980,829 1,424,154
~6~,976 $10,113 $10,300 $160,058 $316,861 ($146,717) $1,210,613 $1,501,8~
11
CITY OF ROANOKE, VIRGINIA
CITY TREASURER'S OFFICE
GENERAL STATEMENT OF ACCOUNTABILITY
FOR THE MONTH ENDED DECEMBER 31, 1998
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 DECEMBER 31, 1998.
BALANCE A'r BALANCE[ AT BALANCE AT
FUND NOV 30, 1998 RECEIPTS DISBURSEMENTS DEC 31, 1998 DEC 31, 1997
GENERAL ($3,322,017.70) $7,063,824.11 $12,976,353.42 ($9,234,547.01) ($874,516.28)
WATER 6,194,176.95 386,135.87 107,896.53 6,472,416.29 6 442 566.381
SEWAGE 12,074,357.90 3,256,472.26 2,597,200.74 12,733,629.42 21,616,185.32
CIVIC CENTER 1,660,715.72 218,854.76 229,208.13 1,650,362.35 989,532.59
TRANSPORTATION 613,169.25 201,389.76 65,811.38 748,747.63 791,282.91
CAPITAL PROJECTS 33,872,220.09 1,199,436.44 1,412,521.37 33,659,135.16 32,629,030.10
CONFERENCE CENTER 946,354.23 46,644.01 35,591.58 957,406.66 596,465.94
i JUVENILE DETENTION (331.28) 4,200,000.00 6,869.33 4,192,799.39 0.00
DEBT SERVICE 11,589,958.73 0.00 681,194.25 10,908,764.48 9,361,189.43,
CITY INFORMATION SYSTEMS 4,087,407.06 189,697.14 143,869.40 4,133,234.80 2,135,304.12
MATERIALS CONTROL (82,718.09) 91,856.05 48,373.18 (39,235.22) (38,900.10
MANAGEMENT SERVICES 237,411.72 9,226.96 2,086.23 244,552.45 258,620.50
UTILITY LINES SERVICES 1,709,701.88 198,969.13 211339.57 1,887,331.44 1,736,453.52
FLEET MANAGEMENT 1,245,876.56 170,531.06 63,962.15 1,352,445.47 1,898,295 07;
PAYROLL (9,863,920.54) 13,036,110.23 15,157,922.07 (11,985,732.38) (11,654,417.21)
RISK MANAGEMENT 10,009,245.65 694,342.08 429,285.03 10,274,302.70 10,147,264.10
: HIGHER EDUCATION AUTH 5,470,409.17 22,016.33 7,773.99 5,484,651.51 0.00 i
PENSION 277,264.78 2,686,837.98 840,312.22 2,123,790.54 319,241.54i
SCHOOL FUND 11,531,979.72 5,661,081.71 5,893,848.87 11,299,212.56 8,187,227.32
SCHOOL CAPITAL PROJECTS (681,257.54) 0.00 2,085,052.51 (2,766,310.05) 0.00
FDETC 28,173.37 189,363.87 81,398.64 136,138.60 170,337.32
GRANT .... 1,107,819.24 803,422.14 412,493.12 1,498,748.26 683,472.40
TOTAL $88,705,996.87_. $40,326,211.89 $43,300 363.71 $85,7_31,845.05 $85,394,634~9_~ ~
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 DECEMBER 31, 1998.
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
$10,580.23
160,460.91
10,213,000.00
7,964,428.61
9,984,300.00
10,000,000.00
24,000,000.00
4,200,000.00
19,199,075.30
$85,731,845.q5
DATE: JANUARY 13, 1999
DAVID C. ANDERSON, TREASURER
12
CITY OF ROANOKE PENSION PLAN
STATEMENT OF REVENUE AND EXPENSES
FOR THE 6 MONTHS ENDING DECEMBER 31, 1998
Revenue
Contributions
Investment Income
Gain on Sale of Investments
Bond Discount Amortization
Total Revenue
1998
$2,666,262
4,555,603
4,811,159
12,470
$12,045,494
1997
$2,757,584
3,911,896
3,907,323
23,033
$10,599,836
Pension Payments
Fees for Professional Sewices
Bond Premium Amortization
Active Service Death Benefits
Administrative Expense
City Supplement to Age 65
Total Expenses
Net Income
$4,642,995
248,737
106,677
230,516
8,427
5,237,352
$6,808,142
$4,449,191
219,415
158,458
21,621
212,815
5,061,500
$5,538,336
13
CITY OF ROANOKE PENSION PLAN
BALANCE SHEET
DECEMBER 31, 1998
Assets
Cash
Investments:
(market value:
Due from Other Funds
Other Assets
Total Assets
1998 $325,816,728
1997 $274,203,208)
1998
$2,123,791
232,539,469
1,908
18,000
$234,683,168
1997
$319,102
216,649,280
18,000
$216,986,382
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
$982,591
2,400
984,991
226,890,035
6,808,142
233,698,177
$234,683,168
$944,189
944,189
210,503,857
5,538,336
216,042,193
$216,986,382
14
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
February 5, 1999
File #10-58-60
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34164-020199 amending and reordaining certain
sections of the 1998-99 Juvenile Detention Commission Fund Appropriations, providing for
appropriation of $4,175,000.00 in loan proceeds for the Roanoke Valley Detention
Commission. The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting which was held on Monday, February 1, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
John M. Chambliss, Jr., Assistant Administrator, Roanoke County, P. O. Box 29800,
Roanoke, Virginia 24018-0798
Forest G. Jones, Assistant City Manager, City of Salem, P. O. Box 869, Salem,
Virginia 24153-0869
Ned C. McEIwaine, Deputy County Administrator/Economic Development Director,
Botetourt County, I West Main Street, Box 1, Fincastle, Virginia 24090
Bonnie Newlon, Assistant Administrator, Franklin County, 40 East Court Street,
Rocky Mount, Virginia 24151
W. Robert Herbert, City Manager
Glenn D. Radcliffe, Director, Human Development
Jack E. Trent, Superintendent, Youth Haven I
N:\CKLO 1L4,GENDA99'u~E,B I .WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of February, 1999.
No. 34164-020199.
AN ORDINANCE to amend and reordain certain sections of the 1998-99 Juvenile
Detention Commission 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 Juvenile Detention Commission Fund Appropriations, be,
and the same are hereby, amended and reordained to read as follows, in part:
Appropriation~
Operating (1-3) ............................................ $ 25,000
Capital Outlay (4) ........................................... 4,175,000
1 ) Fees for Professional
Services (011-054-3370-2010) $ 15,000
2) Special Events (011-054-3370-2125) 5,000
3) Insurance (011-054-3370-3020) 5,000
4) Appropriated from
Bank Loan Proceeds (011-054-9686-9053) 4,175,000
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
A'I-rEST:
City Clerk.
JAMES D. GRISSO
Director of Finance
February 1, 1999
CITY OF ROANOKE,
DEPARTMENT OF FINANCE
215 Chumh Avenue, S.W., Room 461
R O. Box 1220 '9~}
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-2940
JESSE A. HALL
Deputy Director
Honorable Mayor and Members
of City Council
Roanoke, Virginia
Subject:
Appropriation of $4.2 Million Loan Proceeds for Roanoke Valley Detention
Commission
Dear Mayor Bowers and Members of Council:
Backtll'ound
The Roanoke Valley Detention Commission (the Commission) was established by the
Cities of Salem and Roanoke, and the Counties of Botetourt, Franklin and Roanoke
pursuant to section 16.1-315 of the Code of Virginia. The Commission was created to
renovate and construct an addition to the existing City Detention Center to increase the
rated capacity to an eighty-one bed facility and to equip, maintain and operate the
Center. City Council appointed Glenn Radcliffe, Director of Human Development, and
Jesse Hall, Deputy Director of Finance as the City's representatives on the Commission.
The Service Agreement signed by the member jurisdictions to establish the Commission
agreed to purchase the Detention Center real property and equipment but to allow the
City of Roanoke to continue to administer and operate the facility until phase I, or 58
beds, of the renovation is completed approximately April, 2000. Your Director of Finance
was authorized by City Council to serve as the temporary fiscal agent for the
Commission.
Current Situation
The Commission secured a bank note for $4.2 million to serve as interim fmancing to
pay for design and startup costs. The loan was secured at a very favorable interest rate
of 3.68%. Construction proposals are currently being received by the Commission's
architect, Hayes Seay Mattem and Mattem. Once construction costs are established,
the Commission will secure permanent financing with either a long-term bank note or
issuance of bonds. The proceeds of the $4.2 million interim financing must be
Honorable Mayor and Members
February 1, 1999
Page 2
appropriated by the City, as fiscal agent, in order to pay expenses authorized by the
Commission. Expenses of the Commission include payment to the City of $700,000,
the agreed upon amount for purchase of the current Detention Center real property and
equipment. Closing on the real property is scheduled to occur later this month.
Recommendation
City Council adopt the attached ordinance appropriating $4.2 to accounts established
in the Roanoke Valley Detention Commission agency fund. I would be pleased to answer
any questions you might have.
Sincerely,
Director of Finance
JDG:s
Attachment
C:
W. Robert Herbert, City Manager
~rflburn C. Dibling, Jr., City Attorney
Glenn D. Radcliffe, Director, Human Development
Jesse Hall, Deputy Director of Finance
Jack Trent, Superintendent, Juvenile Detention Center
John Chambliss, Assistant County Administrator, Roanoke County
Forest Jones, Assistant City Manager, City of Salem
Ned McElwaine, Deputy County Administration, Botetourt County
Bonnie Newlon, Assistant Administrator, Franklin County
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 5, 1999
File #468
SANDRA H. EAKIN
Deputy City Clerk
Linda F. Wyatt, Chair
Water Resources Committee
Roanoke, Virginia
Dear Ms. Wyatt:
I am enclosing copy of a report of the Carvins Cove Comprehensive Land Use Committee
recommending that consideration be given and that other jurisdictions be encouraged to
consider giving special attention to the need for soil and water "best management
practices" on the headwaters of Catawba and Tinker Creeks to protect the purity of the
water in Carvins Cove Reservoir, which report was before the Council of the City of
Roanoke at a regular meeting which was held on Monday, February 1, 1999.
On motion, duly seconded and unanimously adopted, the report was referred to the Water
Resources Committee.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
pc:
Elizabeth T. Bowles, Chair, Carvins Cove Comprehensive Land Use Committee,
4865 Glen Ivy Lane, S. W., #104, Roanoke, Virginia 24018-4709
David R. Holladay, Planner, Roanoke County, P. O. Box 29800, Roanoke, Virginia
24018-0798
Chuck Supan, Planning Director/Zoning Administrator, Botetourt County, I West
Main-Street, Box 3, Fincastle, Virginia 24090
Gene Whitesell, President, Whitesell Orrison, Inc., 315 King George Avenue, S. W..
Roanoke, Virginia 24016
Dr. Molly L. Rutledge, Director, Roanoke City Health Department, 515 Eighth Street,
S. W., Roanoke, Virginia 24016
W. Robert Herbert, City Manager
Kit B. Kiser, Director, Utilities and Operations
Linda F. Wyatt
February 5, 1999
Page 2
pc:
John W. Coates, Manager, Parks and Recreation
Jesse H. Perdue, Jr., Manager, Water Department
Evelyn S. Lander, Chief, Planning and Community Development
Phillip C. Schirmer, Civil Engineer, City of Roanoke
H:'~AGE~,~DA99'~B 1 ,WPD
CARVINS COVE COMPREHENSIVE LAND USE COMMITI'EE
February 1, 1999
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Thank you for allowing me to serve as Chairperson of the Carvins Cove
Comprehensive Land Use Committee. The consultant has been hired and the project
is on schedule and well underway. The committee has met on a monthly basis and
held one public hearing in November.
This committee wishes to make an interim report to Council. This report deals
with an aspect of protecting the purity of the water in Carvins Cove reservoir that
cannot be dealt with by a land use plan for city-owned lands. Our committee voted to
bring this matter to your attention because you appear to be considering how to
address other regional water management issues, and we would hope this aspect
could be on the agenda if such regional conversations are held.
The committee is cognizant of the fact that the primary purpose of the Council-
commissioned study is to produce a land use plan for city-owned lands surrounding
Carvins Cove reservoir which, among other things, addresses the potential for light
recreational use of the watershed.
The committee understands that the public's overriding interest with respect to
the Carvins Cove issue is in the protection from contamination of the source of pure
water for city residents.
The committee has been informed that during certain times of the year a major
proportion of the water in the Carvins Cove reservoir originates from outside the city-
owned reservation. It enters the reservoir via two tunnels, one from Catawba Creek,
and the other from Tinker Creek. Nothing the city does with respect to management
of city-owned land can keep these waters clean.
The Honorable David A. Bowers, Mayor
and Members of City Council
February 1, 1999
Page 2
In the context of your envisaged planning and coordination meetings with your
peers representing other nearby local governments including Botetourt as well as
Roanoke counties, and on the basis of some appropriate reciprocity, we ask that you
do the following: Encourage your opposite numbers in those jurisdictions to consider
giving special attention to the need for soil and water "best management practices"
on the headwaters of Catawba and Tinker creeks to protect the purity of the water in
Carvins Cove reservoir.
Thank you for your consideration of our views.
Sincerely,
Elizabeth T. Bowles
Chairperson
ETB:afm
CC;
W. Robert Herbert, City Manager
Mary F. Parker, City Clerk
Wilburn C. Dibling, Jr., City Attorney
Kit B. Kiser, Director of Utilities & Operations
Molly L. Rutledge, M.D., Director, Health Department
John W. Coates, Manager, Parks & Recreation
Jesse H. Perdue, Jr., Manager, Water Department
Evelyn Lander, Chief, Planning Department
Phillip C. Schirmer, Civil Engineer
David R. Holladay, Planner, Roanoke County
Chuck Supan, County Planning/Zoning Administrator, Botetourt County
Gene Whitesell, Whitesell Orrison, Inc.
Members, Carvins Cove Comprehensive Land Use Committee
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
February 5, 1999
File #2-399-468
Sandra H. Eakin
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 34166-020199 authorizing advertisement for bids
for the purchase of 6.5 acres of City-owned property located in West"view Terrace, subject
to certain minimum development standards; approving minimum development standards;
and authorizing the City Manager to advertise a public hearing at the appropriate time in
order to comply with §15.2-1800B of the Code of Virginia (1950), as amended. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, February 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
H:~AGENDA99'~.jB I.W~D
iN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of February, 1999.
No. 34166-020199.
A RESOLUTION authorizing the advertisement for bids for the purchase of 6.5-acres of
City-owned property located in Westview Terrace, subject to certain minimum development
standards; approving the minimum development standards; and authorizing the City Manager to
advertise a public hearing at the appropriate time in order to comply with § 15.2-1800B of the Code
of Virginia (1950), as amended.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager or his designee is authorized to take the appropriate action in order
to advertise and seek the highest bid for the purchase of 6.5-acres of City-owned property located
in Westview Terrace, more particularly described in the Water Resources Committee report to this
Council dated February 1, 1999, subject to the minimum development standards as set forth in that
report.
2. This Council approves the minimum development standards set forth in the Water
Resources Committee report to this Council dated February 1, 1999.
3. Once bids for purchase of this property are received, the City Manager is authorized
to advertise a public hearing to coincide with a report to this Council recommending acceptance of
the highest bid for purchase of this property lacking any comments to the contrary. The purpose of
this public hearing is to ensure compliance with § 15.2-1800B of the Code of Virginia (1950), as
amended.
ATTEST:
City Clerk.
H:~.ESg~D-WVIEW
February 1, 1999
Report No. 99-303
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Property Rights Disposition - 6.5 Acres in Westview Terrace
The attached staff report was considered by the Water Resources Committee at its regular
meeting on January 19, 1999. The Committee recommends that Council take the following
actions in accordance with conditions stated in the attached report:
Authorize the City Manager to take appropriate action in order to advertise
a public hearing and, lacking any comments to the contrary, convey to the
highest bidder the property as shown on the attached list, after all legally
required procedural steps are completed. City reserves the right to reject
any and all bids.
2. Approve the development minimum standards shown on Exhibit A.
Resp?ctfully submitted,
..... :x5y /~ ~
Linda F. Wya~, Chai~erson
Water Resources CommiRee
LFW:KBK:afm
Attachment
CC;
Wilburn C. Dibling, Jr., City Attomey
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. 99-303
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
DATE:
TO:
FROM:
SUBJECT:
January 19, 1999
Members, Water Resources Committee
i~B~O~''
· Rli~r~ ~rector, Utilities and
Operations
thru
W. R~rbert, City Manager
PROPERTY RIGHTS DISPOSITION
6.5 ACRES IN WESTVIEW TERRACE
Background in chronological order is as follows:
City Council directed the initiation of negotiations to purchase the above referenced
property from Habitat for Humanity (Habitat) at its meeting of August 3, 1998.
City Council authorized the acquisition of the property from Habitat for $352,800 on
October 7, 1998, by Ord. No. 34031-100798.
Development restrictions have now been developed and approved by neighborhood
representatives in accordance with the attached Exhibit A.
II.
Current situation is as follows:
Property may now be declared surplus property and sold with development restriction
noted by the attachments.
Authorization is needed to advertise a public hearing and, lacking any comments to the
contrary, convey the property to the highest bidder. City reserves the right to reject
any and all bids.
III.
Issues in order of importance are as follows:
A. Need
B. Cost to City
C. Income to City
Members, Water Resources Committee
PROPERTY RIGHTS DISPOSITION
6.5 ACRES IN WESTVIEW TERRACE
January 19, 1999
Page 2
IV. Alternatives in order of feasibility are as follows:
Water Resources Committee recommends that City Council authorize the City
Manager to take appropriate action in order to advertise a public hearing and, lacking
any comments to the contrary, convey to the highest bidder the property as shown on
the attached list. City reserves the right to reject any and all bids.
1. Need to dispose of unnecessary property is met.
Cost to City will be the cost of newspaper advertisement for bids and cost of
advertising public hearing, together estimated to be $300.00.
3. Income to City is the sale price of the property.
Water Resources Committee does not recommend that City Council authorize the City
Manager to take appropriate action in order to advertise a public hearing and, lacking
any comments to the contrary, convey to the highest bidder the property as shown on
the attached list. City reserves the right to reject any and all bids.
1. Need to dispose of unnecessary property is not met.
2. Cost to City will be the cost of maintaining property and loss of tax revenue.
3. Income to City will be zero.
Recommendation is as follows:
Water Resources Committee recommends that City Council take the following actions:
Concur in 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, convey to the highest bidder the property as shown on the attached list,
after all legally required procedural steps are completed. City reserves the right
to reject any and all bids.
2. Approve the development minimum standards shown on Exhibit A.
WRH/KBK/SEF
Members, Water Resources Committee
PROPERTY RIGHTS DISPOSITION
6.5 ACRES IN WESTVIEW TERRACE
January 19, 1999
Page 3
Attachments
CZ
City Attorney
City Clerk
Director of Finance
Director of Public Works
Director of Utilities and Operations
Assistant to City Manager for Community Relations
City Engineer
Engineering Coordinator
Budget Administrator
Westview Terrace Properties
Owner
Tax
No.
City of Roanoke
City of Roanoke
City of Roanoke
City of Roanoke
City of Roanoke
City of Roanoke
City of Roanoke
City of Roanoke
City of Roanoke
City of Roanoke
City of Roanoke
City of Roanoke
City of Roanoke
City of Roanoke
City of Roanoke
City of Roanoke
City of Roanoke
City of Roanoke
City of Roanoke
City of Roanoke
City of Roanoke
City of Roanoke
City of Roanoke
City of Roanoke
City of Roanoke
City of Roanoke
6370511
6370512
6370513
6370514
6370515
6370516
6370517
6370518
6370519
6370520
6370601
6370602
6370603
6370604
6370605
6370606
6370607
6370608
6370609
6370710
6370711
6370712
6370202
6370203
6370204
6370205
//
(UNDEVELOPED)
CLINTON ~'U NO#'V.~
December 23, 1998
MEMO FOR RECORD
I met this date with Mr. Kermit Plummer to discuss the attached draft minimum
standards for the proposed development of Westview Terrace. The Neighborhood
Association had held a meeting on December 12, which Mr. Wil Claytor attended
representing the City.
Mr. Plummer stated that the proposed minimum standards were satisfactory with
the understanding and requirement that the retention basin for drainage was designed
and being constructed to Code standards and that Quail Ddve would be a through
street.
On a separate matter, Mr. Plummer asked that I and/or a representative from
Engineering be prepared to attend a Neighborhood meeting in March to discuss
drainage issues in the general area. He also will contact Mr. Clark or Mr. Stuart
regarding obstructions to street signs and an issue dealing with curbing.
KBK:afm
Attachment
cc: Mr. Plummet
Mr. Claytor
Mr. Clark
Mr. Stuart
Kit B. Kiser, Director
Utilities & Operations
Exhibit
A
WESTVIEW TERRACE PROPERTY
1. Available: 24 building lots + I drainage lot
2. Desire:
Sell to highest bidder to develop medium price housing
3. Process:
Ao
B.
C.
D.
E.
F.
G.
Develop draft standards
Review standards with neighborhood representatives
Review standards with home builder representatives
Obtain City Council approval
Advertise for bids
Hold public hearing as required before public property is sold
Sell to highest bidder
Proposed minimum standards/requirements
Ao
D.
E.
F.
G.
H.
I.
J.
Ko
Build five (5) dwellings per year until 24 dwellings are complete
Complete infrastructure (streets, utilities, drainage, etc.) in conformance
with development requirements
1300 S.F. of living space (finished space) per structure
1 1/2 baths per structure
Carport (detached or part of basement) per structure
20% brick or stone masonry for extedor walls
No re-subdivision to smaller lots
Foundation area landscaping
Require bidder to specify proposed build out pedod
Place restrictive covenants on the subdivision requiring the above
standards
Performance bond? Amount?
February 1, 1999
Report No. 99-307
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Hertz Lease Renewal
The attached staff report was considered by the Water Resources Committee at its regular
meeting on January 19, 1999. The Committee recommends that Council schedule and hold a
public hearing in anticipation of authorizing the execution of an extension to the lease with Hertz
Corporation, for a term of five (5) years, in a form acceptable to the City Attorney, in accordance
with conditions stated in the attached report.
Respectfully submitted,
Ll~nd~a F. Wyatt, Chairperso?
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
Patrick Leach, Lease Administrator, Billings & Collections
Glenn Asher, Risk Manager
Report No. 99-307
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
DATE:
TO:
FROM:
SUBJECT:
January 19, 1999
ltjembers, V~/ater Resources Committee
-Kit B. Kise~, Di[ec~rt [J~ties and Operations thru
W. Robert He--Manager
Hertz Lease Renewal
Background in chronological order is as follows:
City Council, by Ordinance No. 18406, dated November 11, 1968, and
Resolution No. 18537, dated January 27, 1969, authorized the execution
of a lease for a period of ten (10) years, with provision for two five-year
extensions, of a two-acre parcel of property to the Hertz corporation for
facilities for the maintenance, servicing and storage of lessee's vehicles.
Subsequent five-year extensions to the original lease were authorized by
City Council in 1989 and in 1993.
II.
Current Situation is as follows:
A. Hertz Corporation was notified of the expiration of the current lease
City_ staff has negotiated an extension to the current lease, for a term of
five years for a total lease fee of $118,319. Total value of previous five
year lease was $95,000. (See "Attachment A" for breakdown of lease fee.)
Members, Water Resources Committee
January 19, 1999
Hertz Corporation Lease Renewal
Page 2
III.
Issues in order of importance are:
A. Need
B. Timing
C. Income to City
IV.
Alternatives in order of feasibility are:
Water Resources Committee recommends that City Council schedule and
hold a public hearing in anticipation of authorizing the execution of an
extension to the lease with Hertz Corporation, for a term of five (5) years,
in a form acceptable to the City Attorney.
Need of Hertz Corporation for space to continue business operations
is met.
2. Timing to provide lease extension as quickly as possible is met.
Income to City will be $118,319 over the five (5) year term of the
lease.
Water Resources Committee does not recommend that City Council
schedule and hold a public hearing in anticipation of authorizing the
execution of an extension to the lease with Hertz Corporation, for a term
of five (5) years, in a form acceptable to the City Attorney.
Need of Hertz Corporation for space to continue business operations
is not met.
2. Timing to provide lease extension as quickly as possible is not met.
3. Income to City will be zero.
Members, Water Resources Committee
January 19, 1999
Hertz Corporation Lease Renewal
Page 3
Water Resources Committee's recommendation is that City Council schedule
and hold a public hearing in anticipation of authorizing the execution of an
extension to the lease with Hertz Corporation, for a term of five (5) years, in a
form acceptable to the City Attorney in accordance with Alternative "A".
WRH/KBK/SEF
Attachment
cc: City Attorney
Director of Finance
Director of Public Works
Director of Utilities and Operations
Assistant to City Manager for Community Relations
City Engineer
Budget Administrator
Lease Administrator, Billings and Collections
Risk Manager
Attachment A
Hertz Lease Extension
Year 1
Year 2
Year 3
Year 4
Year 5
Total
Annual
Lease Fee
20,543
22,065
23,633
25,228
26,850
118,319
Office of the City Engineer
December 11, 1998
VIA FACSIMILE
Ms. Connie Gurich
Director of Properties
The Hertz Corporation
225 Brae Boulevard
Park Ridge, New Jersey 07656
Dear Connie:
Re: Lease of 2.0 acre parcel- 1302 Municipal Road, NW
I have received your proposal of December 8, which would provide for a 5% annual increase in the
subject lease rate. While I understand that the economy is stable and interest rates are very Iow,
the land values along the Hershberger Road corridor have increased dramatically due to the rapid
development of commercial property in that area. Your proposal would not yield the current value
of the property ($25,333) until the fourth year of the lease. By that time, the land value will probably
have increased further, thus the lease rate will still not be in balance with the land value. However,
in an effort to resolve this matter, I offer the following compromise schedule:
Hertz Proposal
City Proposal
Compromise
Year 1 19,995 21,090 20,543
Year 2 20,950 23,180 22,065
Year 3 21,995 25,270 23,633
Year 4 23,095 27,360 25,228
Year 5 24,250 29,450 26,850
I believe that this is a fair solution and hope that you find it acceptable. As the current lease
expired on November 30, we need to move quickly. Please let me hear from you soon.
Sarah E. Fitton
Engineering Coordinator
SEF
cc: Kit B. Kiser, Director, Utilities & Operations
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, $.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
February 5, 1999
File #-468
SANDRA H. EAKIN
Deputy City Clerk
William E. Jones, Director
Bedford County Public Service Authority
122 East Main Street, Suite G-01
Bedford, Virginia 24523
Dear Mr. Jones:
I am enclosing copy of Resolution No. 34167-020199 authorizing execution of a surplus
water purchase agreement between the City of Roanoke and the Bedford County Public
Service Authority, for a term of 15 years from July 1, 1999 through June 30, 2014. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, February 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
Jesse H. Perdue, Jr., Manager, Water Department
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of February, 1999.
No. 34167-020199.
A RESOLUTION authorizing the execution of a surplus water purchase agreement between
the City of Roanoke and the Bedford Coumy Public Service Authority.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The Mayor and the City Clerk are hereby authorized to execute and attest,
respectively, for and on behalf of the City a surplus water purchase agreement between the City of
Roanoke and the Bedford County Public Service Authority.
2. The proposed agreement will establish a minimum average daily quantity to be
purchased and a maximum annual average daily quantity to be purchased under the formula set forth
in the contract, but with the maximum amount not to exceed one million gallons per day. The term
of the agreement will be for fifteen years, from July 1, 1999, through June 30, 2014. The rate for the
purchase of the water will be calculated by multiplying the city rate times a multiplier of 1.25 for all
water purchased up to the start of the fiscal year 2010. At the start of fiscal year 2010 the multiplier
will be reduced to 1.20 for average daily consumption greater than .5 million gallons per day but less
that 1 million gallons per day. The agreement will be in a form substantially similar to the agreement
attached to the report to this Council dated February 1, 1999, all as more particularly set forth in that
report.
3.
4.
The form of such contract shall be approved by the City Attorney prior to execution.
The Clerk is directed to transmit an attested copy of this resolution to the Bedford
County Public Service Authority.
ATTEST:
City Clerk.
February 1, 1999
Report No. 98-380
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Bedford County Water Contract
The attached staff report was considered by the Water Resources Committee at its regular
meeting on January 19, 1999. The Committee recommends that Council authorize the City of
Roanoke to enter into a contractural agreement with the Bedford County Public Service Authority
in accordance with the negotiated contract for the sale of surplus water, as stated in the attached
report.
Respectfully submitted,
lnda 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
Jesse H. Perdue, Jr., Water Department Manager
Report No. 98-380
DATE:
TO:
FROM:
SUBJECT:
I.
II.
January 19, 1999
Members, .Water Resources Committee
Kiser, Director, t~lt~lit~es &~ Operations
KitthruB. W. Robert He~~Manager
Bedford County Water Contract
Background in chronological order is as follows:
Sale of surplus water to Roanoke County was authorized by City
Council on July 23, 1979.
B. Term of water contract was for 30 years.
Addendum to 1979 Water Contract was executed on January 27,
1995 and extends the original contract for nine (9) years until the
year 2015 and gradually reduces the minimum quantity of water
required to be purchased by the County from 2.5 MGD (1995) to 1.0
MGD starting 2010.
Surplus water is also provided to the City of Salem on an as needed
basis (limited to 2 MGD) and the Town of Vinton.
Current Situation is as follows:
Bedford County Public Service Authority conducted a feasibility study
to determine a source of water to meet their needs in the western
Route 24 corridor of Bedford County.
Falling Creek Treatment Plant located in Bedford County off Route 24
has a safe yield capacity of 1.5 MGD and has surplus water available
to sell.
Bedford County Public Service Authority approached the City of
Roanoke in January of 1998 and expressed a desire to purchase
surplus water, up to I MGD, from the Falling Creek Plant.
Contract language has been negotiated between Bedford County
P.S.A. and the City. Attached is a draft for consideration by City
Council. Also attached is a summary Fact Sheet.
Members, Water Resources Committee
Bedford County Water Contract
January 19, 199,9
Page 2
III.
IV.
Issues in order of importance are as follows:
A. Surplus Water
B. Timing
C. Cost to City
D. Revenue to City
Alternatives in order of feasibility are:
Water Resources Committee recommends that City Council authorize
the City of Roanoke to enter into a contractual agreement with the
Bedford County Public Service Authority in accordance with the
negotiated contract for the sale of surplus water.
1. Surplus water is available at the Falling Creek Plant to serve the
requirements of the contract.
2. Timing of Bedford County's water needs is immediate.
3. Cost to City is a moot issue as Bedford County is required to
pay all connection and availability costs.
4. Revenue to City would be realized over the term of the contract
to replace lost revenue from Roanoke County due to the
reduction in contract minimum usage.
Water Resources Committee does not recommend that City Council
authorize the City of Roanoke to enter into a contract agreement with
the "Authority" in accordance with the negotiated contract for the
sale of surplus water.
1. Surplus water that is not needed for City customers would
remain available.
Timing of the "Authority's" water needs would not be met by
the City.
Members, Water Resources Committee
Bedford County Water Contract
January 19, 1999
Page Three
3. Cost to City is a moot issue.
.,
Revenue to the City would not be realized to support operation
and capital needs of the water system.
Water Resources Committee recommends that City Council authorize the
City of Roanoke to enter into a contractual agreement with the Bedford
County Public Service Authority in accordance with the negotiated contract
for the sale of surplus water.
WRH/KBK/JHP, Jr./je
CC:
Mary F. Parker, City Clerk
Wilburn C. Dibling, Jr., City Attorney
Jesse H. Perdue, Jr., Water Department Manager
Janua~ 19,1999
BEDFORD COUNTY PUBLIC SERVICE AUTHORITY BULK WATER CONTRACT
SUMMARY FACT SHEET
Suggestion:
15 year term with right to draw up to 1 MGD or 40,000 CCF (100 cubic foot
units) per month.
Minimum monthly quantity will be established each fiscal year, beginning at
zero, based on 80% of the average monthly quantity withdrawn the previous
fiscal year. Maximum monthly quantity will be established each fiscal year,
beginning at 100,000 gpd or 4,000 CCF (100 cubic foot units) based on 120%
of the average monthly quantity withdrawn the previous year, not to exceed
40,000 CCF.
Rate shall be 1.25 times the revenue the City derives from the sale of water to
City customers (reference Roanoke County contract).
4. No up-front capital.
5. BCPSA responsible for the water after it leaves the bulk meter.
BCPSA will pay the City the standard prevailing fee for the installation and
maintenance of the bulk meter at end of the current line on Brooks Avenue?
Quality of water at the bulk meter shall meet all public health standards
established by the State Health Department. Extensions of the public water
system beyond the bulk meter shall rest with BCPSA.
8. Pressure of the water delivered shall be not less than 75 psi?
9. Acts of God are no one's fault.
SURPLUS WATER PURCHASE AGREEMENT
THIS SURPLUS WATER PURCHASE AGREEMENT (Agreement), is dated February ,1999,
by and between the Bedford County Public Service Authority, hereinafter referred to as the
"Authority", and the City of Roanoke, a municipal corporation of the Commonwealth of Virginia,
hereinafter referred to as the "City".
WITNESSETH
WHEREAS, both parties desire to enter into an Agreement which will govern the sale and purchase
of surplus water between the two parties; and
WHEREAS, it is in the mutual interest of the parties to cooperate as the City has the ability to treat
and produce more water than is currently consumed by its customers and since the Authority
currently lacks such facilities to treat and produce water for its customers in the adjacent portions
of Bedford County, both parties will recognize lower costs that will benefit their respective
customers by jointly using the existing facilities of the City more fully; and
WHEREAS, the City is authorized by §2(9) of its Charter to sell to persons, finns, or industries
residing outside of the City limits any surplus water it may have over and above the amount required
to supply its inhabitants.
THEREFORE, for and in consideration of the mutual benefits resulting from the undertakings of the
parties to this Agreement and the covenants and agreements contained herein, the Authority and the
City covenant and agree, each with the other, as follows:
Section 1. SALE OF SURPLUS WATER.
The City agrees to sell surplus water to the Authority and the Authority agrees to buy surplus water
from the City for resale to Authority customers. The Authority agrees to obtain its water needs from
the City for its Vinton-Stewartsville service area, as defined in the Authority's 1994 Comprehensive
Water and Sewer Study, so long as such needs can be met by the City. Nothing in this Agreement
shall limit the Authority from expanding its current service area to other parts of Bedford County and
using City water to supply service for such expansions provided such capacity is available. The
Authority expects that its requirements for water will increase and the City is willing to supply
surplus water to meet the Authority's increasing demands up to the capacity limits described in
Section 3(d). The Authority and the City agree that for the duration of this Agreement there will be
no reduction in the capacity of surplus water supplied by the City under this Agreement except under
the conditions noted in Sections 9 and/or 10(e) below.
Section 2. TERM.
This Agreement will be in force and effect for fifteen (15) years, from July 1, 1999, through June 30.
2014, unless otherwise terminated pursuant to the terms of this Agreement.
Section 3. SERVICES PROVIDED.
a) The quality of water delivered by the City to the Authority at the initial delivery point under this
Agreement shall meet or exceed the requirements of the Virginia Department of Health and/or other
State or Federal agencies which may at any time have jurisdiction over public water supplies.
However, thc Authority shall be solely responsible for the quality of the water from and after the
initial delivery point and throughout the Authority's system.
b) The initial delivery point will be located at the end of Old Brook Road in Bedford County. Future
delivery points may be established as mutually agreed upon. All costs for constructing 600' of 12"
ductile iron pipe and the master meter facilities or other facilities needed by the Authority shall be
the responsibility of the Authority. However, the 600' of 12" pipe and master meter shall be the
property of the City. Costs for additional or revised facilities requested by the City shall be the
responsibility of the City.
c) The Authority shall be responsible for the provision of additional pumping and storage facilities
for its system to meet the demands within its service area. Notwithstanding this, the Authority and
the City may agree to modify City facilities to provide enhanced service within the Authority's
service area and to allocate costs as may be agreed to by the parties.
d) During the term of this Agreement, the Authority shall have the right to purchase surplus water
up to 1MGD (million gallons per day) average (40,000 HCF, hundred cubic feet, per month) as set
forth in this Agreement. The Authority agrees that it shall not withdraw water from the City's system
at an instantaneous rate greater than 694 gallons per minute.
e) Recognizing that the City, by entering into this Agreement, is required to reserve capacity in its
water system for the Authority, whether or not the Authority takes any water, the Authority, accepting
these representations by the City agrees to pay, as an reserved capacity or supply charge, for no less
than the minimum quantity of water hereinafter set out and referred to in Section 3(f)'as that
minimum quantity may be determined in accordance with that subsection. In the event the City shall
fall to make available to the Authority the minimum quantity of surplus water as may be determined
by Section 3(f) for any of the reasons set forth in Sections 9 and/or 10(e), then the Authority shall pay
only for such surplus water actually delivered to it at the Authority Rate.
f) Each Fiscal Year a minimum annual average daily quantity to be purchased shall be established,
beginning at zero gallons per day (gpd) and then, after the first Fiscal Year, the minimum annual
average daily quantity to be purchased shall be established at 80% of the preceding year's annual
average daily quantity purchased. In a like manner the maximum annual average daily quantity that
can be purchased shall be established at 100,000 gpd (4,000 HCF per month) initially, then shall not
exceed 120% of the previous Fiscal Year's annual average daily quantity once the 100,000 gpd
average is met. It is understood by both parties that the maximum purchase amounts established
under these provisions cannot and will not exceed I MGD or 40,000 HCF per month. Should it
become apparent that the expansion in demand for water service by the Authority will require
periodic spikes in consumption which exceed the annual average daily purchase limits established
herein, the Administrator of the Authority and the Director of Utilities and Operations for the City
2
shall meet and may agree to revise the annual average daily maximum limitation as necessary. This
revision shall be valid only for one Fiscal Year at a time. The Authority may purchase, on a daily
basis, amounts in excess of the annual average daily quantity established herein so long as the annual
average dally quantity does not exceed the maximum amount set for the Fiscal Year and as long as
such amounts do not exceed the limits set forth in Section 3(d).
Section 4. CONNECTIONS AND METERING.
a) The City will install and maintain a master meter at the delivery point on Old Brook Road at the
Authority's cost. The Authority agrees to pay the City the standard fee for the connection and
maintenance of this meter.
b) Individual service connections may be made by the City for Bedford County residents who reside
in the Parkway Estates subdivision. The customers served by these lines will be billed as City
customers.
c) To determine consumption totals for the Authority, the master meter will be read monthly by the
City. Each party shall have the fight to read meters simultaneously for the purpose of verifying the
accuracy of the readings. Total monthly consumption for the Authority shall be the sum of the
measured flows through the master meter.
d) Backflow prevention devices shall be provided at each of the master meter locations at the
Authority's cost to prevent water from leaving the Authority's lines and entering the City's lines.
e) The City or the Authority at its respective expense shall have the right to test and verify the
accuracy of all master and service meters. If the accuracy of a tested meter is less than 95%,
adjustments shall be made to reflect the correct usage for the most recent 90 day period.
f) The measurement basis for the master meter shall be in hundred cubic feet (HCF).
Section $. WATER CI~diGES
a) The intent of the parties is for the City to sell bulk surplus water to the Authority at the "City Rate"
times a multiplier as is hereinafter set out. This rate will be stated as a Cost per Hundred Cubic Feet
($/HCF).
b) The parties agree that the words, terms, and abbreviations in this Agreement shall have the
following definitions:
Authority Rate" shall mean the rate charged to the Authority by the City under this
Agreement. This rate shall be calculated by multiplying the City Rate as defined
above times a multiplier 1.25 for average daily consumption. The multiplier shall
only decrease to 1.20 for average daily consumption which is greater than .5 MGD
but less than 1MGD (40,000 HCF per month), on and after the start of the Fiscal Year
2010.
"City Customers" shall mean all the water customers of the City of Roanoke who
have Water Service within the City of Roanoke, except that City Customers shall not
include Roanoke County, Botetourt County, The ToWn of' Vinton, or any other
governmental entity which purchases water for use outside the City of Roanoke.
"City Rate" shall mean the rate per 100 cubic feet (HCF) calculated using the
following formula:
Total Dollars charged all City Customers for Water Service during the previous Fiscal year
Total HCF of water billed to all City Customers during previous Fiscal Year
The numerator of this formula shall exclude dollars charged to the Authority during
the previous Fiscal Year, and the denominator shall exclude water billed to the
Authority during the previous Fiscal Year.
Fiscal Year" shall mean the period from July 1 of any year to June 30 of the next
succeeding year. For example, "Fiscal Year 1999" shall mean July 1, 1998 to June
30, 1999.
"HCF" shall mean hundred cubic feet which is also equal to 750 gallons. One cubic
foot is approximately equal to 7.5 gallons.
"Water Service"shall mean all water available by the City of Roanoke to any
customer for use within the City of Roanoke for any purpose and which is billed on
a periodic basis.
c) All items included in the rate calculation for each Fiscal Year shall be audited amounts from the
preceding Fiscal Year, provided, however, billings for the months of July, August and September of
each Fiscal Year shall be at the estimated rate applicable to the previous Fiscal Year. Upon
completion of the City's annual external audit, the estimated rate for the current Fiscal Year shall be
computed using actual audited amounts from the previous Fiscal Year, and the new estimated rate
will be used to retroactively adjust the July, August, and September invoices on the October invoice.
At the end of each Fiscal Year, but prior to December 1 of the next Fiscal Year, an adjustment will
be made and a settling up shall occur based on actual charges to City Customers and actual amounts
of water billed to City Customers for the immediately preceding Fiscal Year. It is understood by the
Authority and the City that these adjustments may result in either subtractions from or additions to
the subsequent Fiscal Year's calculation of water charges to the Authority. Based on these
adjustments, the Authority will pay the City within 30 days such additional amounts or receive credit
on future billings for subtractions.
d) Should any part of this Agreement involve a time period less than a complete Fiscal Year, the
parties agree that the calculations and computations referred to in this Agreement will be based on
the actual months and/or parts thereof covered by the terms of this Agreement for the part of the
Fiscal Year in question.
4
e) Whenever the City shall propose any increase or decrease in the water rate charged to City
Customers, the Director of Finance of the City shall transmit to the Administrator of the Authority
information about such proposed rate increase or decrease no later than 30 days after such
information is placed on the public agenda of City Council.
Section 6. SOURCE OF PAYMENTS.
a) The Authority shall make payment for all amounts payable under this Agreement exclusively from
revenues received by the Authority from rates, fees, and charges made by the Authority pursuant to
Section 15.2-5136 of the Code of Virginia (1950), as amended.
b) The amounts payable by the Authority to the City under this Agreement are for services for
supplying or making available surplus water to the Authority and shall not be deemed to create or
constitute any indebtedness or a pledge of the faith and credit of the Authority for purposes of any
constitutional or statutory limitation.
Section 7. BILLING AND PAYMENTS.
a) The City through the Office of the Director of Finance will bill the Authority each month for the
Authority's total monthly consumption as determined by readings taken fi'om the master meter. If
the total monthly consumption, as determined by the readings on the master meter, is less than the
minimum quantity to be purchased as defined in Section 3(0, the monthly bill will be based upon the
minimum quantity to be purchased and the Authority will pay this amount as a reserved capacity or
supply charge.
b) Amounts billed to the Authority will be paid within 30 days of the invoice date. Bills unpaid
beyond 30 days will be subject to interest compounded monthly at the legal interest rate pursuant to
{}6.1-330.53 Code of Virginia (1950) as amended, or its successor section. The Authority must notify
the City in writing within 15 days of receipt of any bill for which there are questions. No penalties
will or interest shall accrue on any disputed charges if a final determination is ultimately settled in
favor of the Authority.
Section 8. OPTION TO PURCHASE.
The Authority and the City agree that should the City elect to sell the Falling Creek Water Treatment
Plant Facilities prior to the end of this Agreement, the Authority shall have the right to bid on
purchase of the Plant Facilities.
Section 9. MATTERS BEYOND CONTROL OF THE PARTIES & LIABILITY
a) Neither the Authority nor the City shall be liable in damages or otherwise to the other for any act.
omission, or circumstance occasioned by or in consequence of any acts of God, strikes, lockouts, acta
of public enemies, wars, blockades, insurrections, riots, epidemics, landslides, lighming, earthquakes.
fires, storms, floods, washouts, arrests, and restraints of rules and peoples, civil disturbances.
explosions, breakage or accident to machinery or lines of pipe, the binding order of any court or
governmental authority which has been resisted in good faith by reasonable legal means, and any
other cause, whether of the kind herein enumerated or otherwise, not reasonably within the control
of the party claiming relief under this Section 9. Failure to prevent or settle any strike or strikes shall
not be considered to be a matter within the control of the party claiming protection under this section.
It is understood by both parties that in the event of any of the above occurrences this Agreement shall
be deemed temporarily suspended until such occurrence no longer exists and ail necessary corrective
actions have been completed. Such causes or contingencies affecting the performance hereunder by
either the Authority or the City, however, shall not relieve a party of liability in the event of its
negligence, nor shail such causes or contingencies affecting such performance relieve either party
from its obligation to make payments of amounts then due in respect of water previously delivered.
b) To the extent that it is legaily permissible to do so, the Authority will indemnify, hold harmless,
and defend the City from liability on account of any injury or damages to any person or any property
resulting, directly or indirectly, from the sole negligence of the Authority, its officers, agents, and
employees arising out of the Authority's receipt and/or distribution of the water supplied by the City
under this Agreement; and in the event that any suit or claim shall be brought against the City arising
out of such negligence of the Authority, either independently or jointly with the Authority, then the
Authority will pay such judgment or settlement from such suit or claim, with all costs, including
reasonable attorney's fees, and hold the City harmless therefrom.
c) To the extent that it is legally permissible to do so, the City will indemnify, hold harmless, and
defend the Authority from liability on account of any injury or damages to any person or property
resulting, directly or indirectly, from the sole negligence of the City, its officers, agents, and
employees arising out of the City's supplying of water under this Agreement to the Authority; and
in the event that any suit or claim shall be brought against the Authority arising out of such
negligence of the City, either independently or jointly with the City, then the City will pay such
judgment or settlement from such suit or claim, with ail costs, including reasonable attorney's fees,
and hold the Authority harmless therefrom.
Section 10. OTHER ITEMS.
a) Title to water facilities in Bedford County constructed or provided by the Authority, or
subsequently acquired by the Authority shail vest and remain vested in the Authority in fee simple.
Title to water facilities in Bedford County constructed or provided by or to the City or subsequently
acquired by the City shall vest and remain vested in the City in fee simple.
b) Except as otherwise provided herein, the City will not sell water to customers in Bedford County
except as may be given by written permission of the Authority, which will not be unreasonably
withheld.
c) The City shall have the right with written permission of the Authority (said permission shall not
be unreasonably withheld), and at~er obtaining ail required licenses and approvais of any agency or
other organizations having jurisdiction, to extend its water mains and lines within Bedford County
to connect sections or parts of the City's water distribution system. The Authority will have the fight
to connect to these mains and lines for service of its customers as provided in Section 4. All costs
associated with such extensions and including without limitations the maintenance of such City lines
shall be the responsibility of the City. The City shall comply with the standards, rules, and
regulations of ail agencies having jurisdiction in this matter.
d) The City shall at least annually provide the Authority with the most recent water quality analysis
of the water provided to the Authority by the City by a mutually agreed upon date that will allow the
Authority sufficient time to comply with water quality reporting requirements.
e) The City reserves the right to require the Authority to restrict the Authority and/or the Authority's
customers' water usage during drought conditions or other emergencies or for safety or health reasons
on the same basis as restrictions placed upon any other categories of City Customers.
Section 11. RESOLUTION OF DISPUTES.
a) The parties agree that should any question arise between the parties hereto relative to either
engineering or accounting matters that are not resolved among the parties, it shall be resolved by non-
binding arbitration as follows:
If as to engineering then by a majority of a committee of three composed of an
engineer appointed by the Authority, an engineer appointed by the City and an
independent engineer to be chosen by the foregoing two.
If as to accounting, then by a majority of a committee of three composed of the City's
Director of Finance, the Authority's chief financial officer, and an independent
certified public accountant to be chosen by the foregoing two.
In either case set forth above, the charges of the independent individual shall be borne
equally by the City and the Authority.
If the non-binding arbitration is not acceptable to both parties, either party may
proceed to pursue any remedy available to it by law.
b) Issues other than engineering or accounting as set forth above, if not resolved by agreement of the
parties, will be resolved in accordance with the law.
Section 12. ASSIGNMENT.
The Authority agrees that all rights and obligations of this Agreement may not be sold, assigned or
transferred at any time without prior written consent of the City, which consent will not be
unreasonably withheld.
Section 13. TERMINATION.
This Agreement may be terminated by either party upon a material default of any covenant or term
of this Agreement by the other party provided such default is not cured within thirty (30) days after
receipt of written notice of the default. Provided, however, the parties may assert all other rights or
remedies that may be available to them pursuant to any other provisions of this Agreement or by law.
7
Section 14. NONDISCRIMINATION.
The Authority shall not discriminate on the basis of race, religion, color, sex or national origin in its
employment practices, contracting or provision of services in any matters arising out of this
Agreement in violation of any applicable federal, state, or local laws or regulations.
Section 15. COOPERATION.
Each party agrees to cooperate with the other in executing any documents necessary to carry out the
intent and purpose of this Agreement.
Section 16. COUNTERPART COPIES.
This Agreement may be executed in any number of counterpart copies, each of which shall be
deemed an original, but all of which together shall constitute a single instrument.
Section 17. SEVERABILITY.
If any provision of this Agreement, or the application of any provision to a particular entity or
circumstance, shall be held to be invalid or unenforceable by a court of competent jurisdiction, the
remaining provisions of this Agreement shall not be affected and all other terms and conditions of
this Agreement shall be valid and enforceable to the fullest extent permitted by law.
Section 18. NONWAIVER.
Each party agrees that any party's waiver or failure to enforce or require performance of any term or
condition of this Agreement or any party's waiver of any particular breach of this Agreement by any
other party extends to that instance only. Such waiver or failure is not and shall not be a waiver of
any of the terms or conditions of this Agreement except as set forth herein, or a waiver of any other
breaches of this Agreement by any other party and does not bar the nonbreaching party from
requiring the breaching party to comply with all the terms and conditions of this Agreement and does
not bar the nonbreaching party from asserting any and all rights and/or remedies the nonbreaching
party has or might have against the breaching party under this Agreement or by law.
Section 19. FORUM SELECTION AND CHOICE OF LAW.
By virtue of entering into this Agreement, the Authority submits itself to a court of competent
jurisdiction in the City of Roanoke, Virginia, and further agrees that this Agreement is controlled by
the laws of the Commonwealth of Virginia and that all claims, disputes, and other matters shall only
be decided by such court according to the laws of the Commonwealth of Virginia.
Section 20. AUDIT.
The parties agree that each party or any of their duly authorized representatives shall have access to
any information, books, documents, papers and records of the other party which are pertinent to this
Agreement for the purpose of making an audit, examination, excerpts, transcriptions or verification
of any information or figures provided by one party to the other party or that may otherwise be
necessary in connection with this Agreement.
Section 21; SUCCESSORS AND ASSIGNS.
The terms, conditions, provisions and undertakings of this Agreement shall be binding upon and
inure to the benefit of each of the parties hereto and their respective successors and assigns.
Section 22. CAPTIONS AND HEADINGS.
The section captions and headings are for convenience and reference Purposes only and shall not
affect in any way the meaning or interpretation of this Agreement.
Section 23. NOTICES.
All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail,
return receipt requested, or by a nationally recognized overnight courier, addressed as follows (or any
other address or facsimile number that the party to be notified may have designated to the sender by
like notice) or if sent by facsimile to the facsimile number set forth below:
If to the City:
City Manager
City of Roanoke
364 Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Fax No. 540-853-1138
With a copy to:
Director of Utilities and Operations
354 Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
If to the Authority:
Bedford County Public Service Authority
Attn: Administrator
122 East Main Street, Suite G-01
Bedford, VA 24523
With a copy to:
Harwell M. Darby, Jr., Esquire
Glenn, Feldmann, Darby & Goodlane
200 First Campbell Court
Roanoke, VA 24001
Section 24. ENTIRE AGREEMENT AND AMENDMENTS.
This Agreement constitutes the entire agreement o f the parties hereto and supersedes all prior offers.
negotiations, and agreements among the parties. No amendment to this Agreement shall be valid
unless made in writing and signed by the parties hereto.
ATTEST:
Secretary
ATTEST:
City Clerk
THE BEDFORD COUNTY PUBLIC SERVICE
AUTHORITY
By:
Chairman
Printed Name
THE CITY OF ROANOKE, a Municipal Corporation
By:
David A. Bowers, Mayor
APPROVED AS TO FORM:
City Attomey
APPROVED AS TO EXECUTION:
City Attorney
10
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC/AAE
City Clerk
February 5, 1999
Sandra H. Eakin
Deputy City Clerk
File #60-67-256
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34168-020199 amending and reordaining certain
sections of the 1998-99 General and Capital Projects Funds Appropriations, providing for
transfer and appropriation of funds totaling $270,126.00, in connection with a contract with
U. S. Construction Company of Roanoke for remodeling and upgrading municipal
swimming pools in Washington and Fallon Parks. The abovereferenced measure was
adopted by the Council of the City of Roanoke at a regular meeting which was held on
Monday, February 1, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
The Honorable Sherman A. Holland, Commissioner of the Revenue
W. Robert Herbert, City Manager
William F. Clark, Director, Public Works
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
John W. Coates, Manager, Parks and Recreation
D. Darwin Roupe, Manager, Supply Management
Sarah E. Fitton, Engineering Coordinator
H:La. GEIqDA99X~E~ 1 .WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 1st day of February, 1999.
No. 34168-020199.
AN ORDINANCE to amend and reordain certain sections of the 1998-99 General and
Capital Projects Funds 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 and Capital Projects Funds Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
General Fund
Aoorooriations
Nondepartmental $ 60,912,102
Transfers to Other Funds (1) ..................................... 60,106,983
Fund Balance
Reserved for CMERP - City (2). ................................... $ 1,986,167
Capital Projects Fund
Appropriations
Recreation $ 2,802,771
Municipal Swimming Pools (3-4) .................................. 270,126
Capital Improvement - Reserve $ 11,542,648
Public Improvement Bonds - Series 2000 (5) ......................... ( 1,225,671 )
1 ) Transfer to Capital
Projects Fund
2) Reserved for
CMERP-City
3) Appropriated from
Bond Funds
(001-004-9310-9508)
(001-3323)
(008-052-9723-9001)
(248,000)
22,126
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 5, 1999
File #60-67-256
Mark Wilkenson, Manager
Paddock Swimming Pool Co.
P. O. Box 11676
Rock Hill, South Carolina 29730
Dear Mr. Wilkenson:
I am enclosing copy of Ordinance No. 34169-020199 accepting the bid of U. S.
Construction Company, in the amount of $270,126.00, for remodeling and upgrading the
Municipal Swimming Pools at Washington and Fallon Parks, upon certain terms and
conditions; and rejecting all other bids made to the City for the work. The abovereferenced
measure was adopted by the Council of the City of Roanoke at a regular meeting which
was held on Monday, February 1, 1999.
On behalf of the City of Roanoke, I would like to express appreciation for submitting your
bid on the abovedescribed project.
MFP:Io
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
Enclosure
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of February, 1999.
No. 34169-020199.
AN ORDINANCE accepting the bid of U.S. Construction Co. of Roanoke, for the
remodeling and upgrading of the Municipal Swimming Pools at Washington and Fallon Parks upon
certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials
to execute the requisite contract for such work; rejecting all other bids made to the City for the work;
and providing for an emergency.
WHEREAS, the City received bids for the remodeling and upgrading of the Municipal
Swimming Pools at Washington and Fallon Parks which exceeded the available funds for the project;
and
WHEREAS, pursuant to the Code of the City of Roanoke (1979), as amended, and the
contract documents, since the bid from the lowest responsible bidder exceeded available funds, the
City negotiated with the apparent low bidder to reach a contract price within available funds; and
WHEREAS, after negotiations with the apparent low bidder a negotiated contract price of
$270,126 and amended specifications were reached with U.S. Construction Co. of Roanoke and
which are acceptable to the City.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid ofU. S. Construction Co. of Roanoke in the total amount of $270,126 for the
remodeling and upgrading of the Municipal Swimming Pools at Washington and Fallon Parks, as is
more particularly set forth in the City Manager's report dated February 1, 1999, to this Council, such
bid being in full compliance with the City's plans and specifications as amended aRer negotiation as
set froth in the said report and as provided in the contract documents offered said bidder, which bid
is on file in the Office of Supply Management, be and is hereby ACCEPTED.
2. The City Manager or the Assistant City Manager and the City Clerk are hereby
authorized on behalf of the City to execute and attest, respectively, the requisite contract with the
successful bidder, based on its proposal made therefor and the City's specifications made therefor,
said contract to be in such form as is approved by the City Attorney, and the cost of said work to be
paid for out of funds heretofore or simultaneously appropriated by Council.
3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED,
and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation
for such bid.
4. In order to provide for the usual daily operation of the municipal government, an
emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
Honorable Mayor and Members of City Council
Roanoke, Virginia
Feb,ruar ~Y. '~;~: .... :~99
Council Report No. 99-104
Dear Mayor Bowers and Members of City Council:
Subject:
BID COMMITTEE REPORT
MUNICIPAL SWIMMING POOLS
REMODEL AND UPGRADE, 1999
WASHINGTON AND FALLON PARKS
PARKS AND RECREATION DEPARTMENT
ROANOKE, VIRGINIA
BID NO. 98-11-27
We, the undersigned Bid Committee, hereby submit the attached report for your consideration.
Respectfully submitted,
Carroll E. Swain,
W. Alvin Hudson
William F. Clark
CES/LBC/fm
Attachment: Bid Committee Report
C:
City Attorney
City Clerk
Director of Finance
Director of Public Works
Assistant to the City Manager for Community Relations
City Engineer
Construction Cost Technician
Budget Administrator
Manager, Parks and Recreation
Manager, Office of Supply Management
Commissioner of the Revenue
February 1, 1999
Council Report No. 99-104
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject:
BID COMMITTEE REPORT
MUNICIPAL SWIMMING POOLS
REMODEL AND UPGRADE, 1999
WASHINGTON AND FALLON PARKS
PARKS AND RECREATION DEPARTMENT
ROANOKE, VIRGINIA
BID NO. 98-11-27
I concur with the Bid Committee recommendation relative to the above project and
recommend it to you for appropriate action.
Sincerely,
W. Robert Herbert
City Manager
WRH/LBC/fm
Attachment: Bid Committee Report
C:
City Attorney
City Clerk
Director of Finance
Director of Public Works
Assistant to City Manager for Community Relations
City Engineer
Construction Cost Technician
Budget Administrator
Manager, Office of Supply Management
Commissioner of Revenue
Manager, Parks and Recreation
February 1, 1999
Council Report No. 99-104
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject:
BID COMMITTEE REPORT
MUNICIPAL SWIMMING POOLS
REMODEL AND UPGRADE, 1999
WASHINGTON AND FALLON PARKS
PARKS AND RECREATION DEPARTMENT
ROANOKE, VIRGINIA
BID NO. 98-11-27
Backqround on the subject in chronological order is as follows:
Bids, following proper advertisement, were publicly opened and read aloud by
D. Darwin Roupe, Manager of Supply Management, on December 10, 1998 at
2:00 p.m.
Two (2) bids were received with U. S. Construction Co. of Roanoke, located in
Roanoke, Virginia, submitting the Iow bid in the amount of $548,118.00.
Project completion date is specified as May 15, 1999.
Co
Project exceeded the available fundinq of $248,000.00. The purpose of the
project was to reduce filter time from eight hours to five hours. This will keep
the water in the pool clearer when the pool is crowded.
Do
Negotiation was conducted with the Iow bidder to reduce the amount of
construction cost to $270,126.00. All work related to finish in the pools was
omitted but all work related to filter rate was retained.
Completion time was also stag.qered. Fallon will be finished by the contractor
on June 1, 1999. The Building Maintenance Department will then finish the
pool with an epoxy paint finish, which is what they have had to do for the past
several years. This work will require approximately 7 days. Washington will be
turned over to the City by June 15, 1999 and Building Maintenance will
complete the interior finish.
The City Attorney was consulted on the amount of reduction of the contract as
well as the time change due to negotiation of the contract. Due to the fact that
the pools had to be updated to comply with Health Department request to clear
up the water and to salvage the major part of the swimming season the City
Attorney has approved the negotiation. The Parks Department has also been
kept advised of the project negotiation.
Honorable Mayor and Members of City Council
BID COMMITTEE REPORT
MUNICIPAL SWIMMING POOLS
REMODEL AND UPGRADE, 1999
WASHINGTON AND FALLON PARKS
PARKS AND RECREATION DEPARTMENT
ROANOKE, VIRGINIA
BID NO. 98-11-27
FEBRUARY 1, 1999
Page 2
Original project specifications included the followin.q:
Filter rate of the pools constructed in 1976 was an 8~hour turnover,
which was the Health Code requirement at that time. The new design
rate of turnover will be a little less than 5 hours.
2. To accomplish this, the following changes will be made:
a. Additional inlets and skimmers (pool returns).
b. Increase the size of the pool circulating piping.
c. Increase the size of the pool filters.
Increase the pool circulating pumps and motors (including an
increase in the sizing of the electric service).
Decrease the depth of the wadinq pool to 6" at the wall and 1'0" at the
center line of the pool for safety reasons. The wading pool drain will
also be rerouted to the sanitary sewer. This is to keep the main pool
cleaner (small children use the pool wearing diapers).
.,
Increase the surface size of the main and wading pool drains. This is to
meet present code requirements to reduce the suction force on a child
that comes in contact with the drain.
o
Replace four electric water heaters at each pool with one quick recovery
gas water heater. This change will pay for itself in less than one season.
6. All interior pool finishes were negotiated out of the contract.
II.
Current situation is as follows:
A. Bids for this project exceeded the available funding of $248,000.00.
Honorable Mayor and Members of City Council
BID COMMITTEE REPORT
MUNICIPAL SWIMMING POOLS
REMODEL AND UPGRADE, 1999
WASHINGTON AND FALLON PARKS
PARKS AND RECREATION DEPARTMENT
ROANOKE, VIRGINIA
BID NO. 98-11-27
FEBRUARY 1, 1999
Page 3
Negotiations have been conducted with the Iow bidder to reduce the contract
amount to $270,126.00 and completion times as listed above. Additional
funding source has also been identified.
III.
Issues in order of importance are as follows:
Bo
Compliance of the bidders with the requirements of the contract documents for
bidding.
Amount of the Iow bid.
Funding of the project.
Time of completion.
IV.
Alternatives in order of feasibility are as follows:
Award a negotiated lump sum contract to U.S. Construction Co. of Roanoke in
the amount of $270,126.00. Time of completion for Fallon Pool will be June
1, 1999. Completion time for Washington Pool will be June 15, 1999.
Compliance of the bidders with the requirements of the contract
documents for bidding were met.
Amount of the Iow bid exceeded the available funding. By negotiation
with the Iow bidder, with the approval of the City Attorney and the Parks
Department, an agreeable contract amount was acceptable.
3. Time of completion was also neqotiated and agreed upon.
4. Funding of the project will be as follows:
From 1996 CMERP
$248,000.00
From Publiclmprovement Bonds 2000
Account No. 008-052-9709-9180
22,126.00
Total 9270,126.00
Honorable Mayor and Members of City Council
BID COMMITTEE REPORT
MUNICIPAL SWIMMING POOLS
REMODEL AND UPGRADE, 1999
WASHINGTON AND FALLON PARKS
PARKS AND RECREATION DEPARTMENT
ROANOKE, VIRGINIA
BID NO. 98-11-27
FEBRUARY 1, 1999
Page 4
Reject
1.
Funding identified does not provide contingency funding. This funding
will have to be identified at a later date.
the bids and do not award a contract at this time.
Compliance of the bidders with the requirements of the contract
documents for bidding would not be an issue.
Amount of the Iow bid would not vary appreciably if the bids were
rejected and rebid at a later date.
Funding of the project would not be encumbered at this time.
Time of completion would be extended. This would mean that the 1999
swim season would be eliminated at the City pools.
Recommendation is as follows:
City Council concur in alternative "A" and take the following:
Authorize the City Manager to enter into a contractual agreement, in form
approved by the City Attorney, with U.S. Construction Co. of Roanoke to
construct the Municipal Swimming Pools Remodeling and Upgrade in accordance
with the contract documents as prepared by the Office of City Engineer and as
negotiated with U.S. Construction Co. of Roanoke in the amount of
$270,126.00. Completion date for Fallon Pool would be June 1, 1999 and for
Washington Pool June 15, 1999.
Authorize the transfer of fundinq and appropriate the followin.q fundinr] to a
capital account entitled Municipal Swimming Pools (1999):
From 1996 CMERP
$248,000.00
From Publiclmprovement Bonds 2000,
Account No. 008-052-9709-9180
22,126.00
Total Project Amount $270,126.00
Honorable Mayor and Members of City Council
BID COMMITTEE REPORT
MUNICIPAL SWIMMING POOLS
REMODEL AND UPGRADE, 1999
WASHINGTON AND FALLON PARKS
PARKS AND RECREATION DEPARTMENT
ROANOKE, VIRGINIA
BID NO. 98-11-27
FEBRUARY 1, 1999
Page 5
Adopt a resolution declaring the City's intent to reimburse itself $22,126 from
the proceeds of the sale of Series 2000 general obligation bonds.
Reject the other bid received.
CES/LBC/fm
Attachment: Bid Tabulation
Contractor's breakdown of bid
C'
City Attorney
City Clerk
Director of Finance
Director of Public Works
Assistant to City Manager for Community Relations
City Engineer
Construction Cost Technician
Budget Administrator
Manager, Office of Supply Management
Commissioner of Revenue
Manager, Parks and Recreation
TABULATION OF BIDS
MUNICIPAL SWIMMING POOLS
REMODEL AND UPGRADE, 1999
WASHINGTON AND FALLON PARKS
PARKS AND RECREATION DEPARTMENT
ROANOKE, VIRGINIA
BID NO. 98-11-27
Bids were opened by D. Darwin Roupe, Manger, Office of Supply Management, on
THURSDAY, DECEMBER 10, 1998, at 2:00 p.m.
BIDDER LUMP SUM BOND
U.S. Construction Co. of Roanoke $548,118.00 Yes
Paddock Swimming Pool Company $596,780.00 Yes
Negotiated contract amount with U.S. Construction Co. of Roanoke is $270,126.O0.
Completion date is July 1, 1999 (changed from May 15, 1999).
Estimated Cost: $400,000.00
Office of the City Engineer
Roanoke, Virginia
February 1, 1999
JAN-2~-99 08:33 FROM:ROANOK£ CITY PARKS & REC ID:5408531287 PAGE
IO'd -~U.O.L
DATE:~ 1-1
TO:
8201 C WILUNtlSON RD.
ROANOKE, VA. 24019
(S40) 565-9098
2IS'CHURCH AVENUE S,W., ROOM 350
ROANOKE, VIRGINIA 24011
IRE: MUNICIPALSWIIVI~NG POOLS
(REQUEST FOR CREDIT ON POOL FINISHES & CERAMIC TILE)
GENERAL REQUIREMENTS:
SITE WORK & DEMOLITION:
HANDICAP LIF'rS:
FLT,la4S:
PUJMBING:
TOTAL
34,057'
5s.86a
32,62~
.t,15~
4~0711
e, ,os
13.85,~
270,12e
PAGE[ 1 OF 1
nl
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
Deputy City Clerk
February 5, 1999
File #514
Daniel F. Layman, Jr., Attorney
Woods, Rogers & Hazlegrove, P.L.C.
P. O. Box 14125
Roanoke, Virginia 24038-4125
Dear Mr. Layman:
I am enclosing copy of Ordinance No. 34148-020199 permanently vacating, discontinuing
and closing a portion of 15th Street, N. E., extending north from Varnell Avenue. The
abovereferenced measure was adopted by the Council of the City of Roanoke on first
reading on Tuesday, January 19, 1999, also adopted by the Council on second reading on
Monday, February 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 street 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
pc:
Bradley A. Jones, 2248 Shepherds Store Road, Bedford, Virginia 24523
Mr. and Mrs. Calvin W. Powers, P. O. Box 12068, Roanoke, Virginia 24022-2068
Mr. and Mrs. Theodore Sutton, P. O. Box 12068, Roanoke, Virginia 24022-2068
Mr. Roger D. Roberts, 3590 Casey Road, Salem, Virginia 24153-2567
A. D. VVeddle Co., Inc., P. O. Box 5252, Roanoke, Virginia 24012-0252
Daniel F. Layman, Jr.
February 5, 1999
Page 2
pc:
Barbara N. Duerk, Chair, City Planning Commission, 2607 Rosalind Avenue, S. W.,
Roanoke, Virginia 24014
VV. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
Steven J. Talevi, Assistant City ^ttorney
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
N:\C~LOI~AGENDA~)~EB 1 .WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of February, 1999.
No. 34148-020199.
AN ORDINANCE permanently vacating, discontinuing and closing certain public
right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter.
WHEREAS, Bradley A. Jones filed an application to the Council of the City of
Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate,
discontinue and close the public fight-of-way described hereinafter; and
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by {}30-14, Code of the City of Roanoke (1979), as amended, and after
having conducted a public hearing on the matter, has made its recommendation to Council;
and
WHEREAS, a public heating was held on said application by the City Council on
January 19, 1999, after due and timely notice thereof as required by {}30-14, Code of the City
of Roanoke (1979), as amended, at which heating all parties in interest and citizens were
afforded an opportunity to be heard on said application; and
WHEREAS, it appearing fi.om the foregoing that the land proprietors affected by the
requested closing of the subject public right-of-way have been properly notified; and
WHEREAS, fi.om all of the foregoing, the Council considers that no inconvenience
will result to any individual or to the public from permanently vacating, discontinuing and
closing said public right-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia,
that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly
described as follows:
That portion of 15th Street, N.E., extending in a northerly direction from
Vamell Avenue, N.E.,
be, and is hereby permanently vacated, discontinued and closed, and that all right and
interest of the public in and to the same be, and hereby is, released insofar as the Council of
the City of Roanoke is empowered so to do with respect to the closed portion of the 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; 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 fight-of-way to be vacated in a manner consistent with law, and retaining appropriate
easements, together with the fight of ingress and egress over the same, for the installation
and maintenance of any and all existing utilities that may be located within the fight-of-way.
BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other
conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the
City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are
recorded in said Clerk's Office, indexing the same in the name of the City of Roanoke,
Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties
in interest who may so request, as Grantees, and pay such fees and charges as are required
by the Clerk to effect such recordation.
BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this
ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia,
where deeds are recorded in said Clerk's Office, file with the City Engineer for the City of
Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred.
BE IT FINALLY ORDAINED that if the above conditions have not been met within
a period of six (6) months from the date of the adoption of this ordinance, then said
ordinance shall be null and void with no further action by City Council being necessary.
ATTEST:
City Clerk.
H:XORD..CLOSK)C- BJONES 3
Roanoke City Planning Commission
January 19, 1999
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request from Bradley A. Jones, represented by Daniel F. Layman, Jr.,
attorney, that certain portions of 15th Street, N.E., extending north from
Vamell Avenue, be permanently vacated, discontinued and closed.
I. Background:
mo
Street sections as requested for closure and vacation was originally platted for
street purposes by the Lilly Land Corporation prior to 1923.
Street sections requested for closure are 40' in width and approximately 229.7' in
overall combined length, according to the City's official appraisal maps.
Land upon which these street sections are platted is extremely steep terrain. Street
sections have never been developed for public use.
Street sections being requested for closure intersects with a platted (paper) alley
that runs in an east/west direction. This alley has never been developed.
II. Current Situation:
mo
Application to close and vacate the subject portions of 15th Street, N.E.,was
received on October 8, 1998.
Applicant owns property identified as Official Tax No. 3231826. This property
abuts a portion of the street sections requested for closure.
Co
Closure and vacation of the street section as described in the original application
would have resulted in the creation of a dead-end alley (paper) on both sides of
Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344
Members of Council
Page 2
the vacated street (see attached Map A, Area requested for closure in original
application).
Planning Commission has expressed numerous reservations in past years about
allowing dead-end alleys or streets to be created by closure and vacation. In
response to this reservation, staff requested applicant's attorney to consider
amending this request to close only portions of the platted street to allow for a
through alley instead of a dead-end one (see Map B).
mo
Applicant has amended his application to omit the platted alley from the street
area being requested for closure and vacation (see attached Map B, Area
recommended for closure).
Planning Commission public hearing was held on December 2, 1998. Mr. Jones
presented his request to the Commission. No one spoke in opposition to or in
favor of the closure.
III. Issues:
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.
IV. Alternatives:
mo
City Council approve the applicant's first amended application to close and vacate
15th Street, N.E., from its intersection with the northerly fight-of-way boundary of
Varnell Avenue, N.E., for a distance of approximately 118.7 feet, to the southerly
fight-of-way boundary of an east/west alley, and from the northerly fight-of-way
boundary of said alley in a northerly direction for an additional approximate
distance of 111.0 feet, as shown and described on Map B, as attached to this
report.
Neighborhood impact. Closure and vacation would have no effect on the
neighborhood.
Members of Council
Page 3
2. Traffic impact. Closure and vacation would have no effect on the
neighborhood.
3. Utilities within the public right-of-way.
a. City has no utilities in this right-of-way.
b. Private utility is located in the right-of-way. Easements will be
retained.
4. Creation of a dead-end alley. Closure and vacation as recommended will
not create a dead-end alley.
5. Land use.
a. Street has remained undeveloped for many years. Applicant and
other abutting property owners can utilize the land within the
vacated right-of-way in a more efficient manner.
b. Closure and vacation will leave a lot at a substandard size.
Subdivision plat should be required to combine the vacated areas
with the abutting properties.
6. Relationship to the comprehensive plan. Request is consistent with the
intent of the comprehensive plan that available land should be used in the
most appropriate manner.
City Council deny the applicant's first amended application to close and vacate
the subject portion of 15th Street, N.E.
Bo
2.
3.
4.
5.
o
Neighborhood impact would not be an issue.
Traffic impact would not be an issue.
Utilities within the right-of-way would not be an issue.
Creation of a dead-end alley would not be an issue.
Land use.. Land within the subject street right-of-way will continue to
remain in a non-productive status.
Relationship to the comprehensive plan would not be an issue.
Members of Council
Page 4
V. Recommendation:
By a vote of 7-0, the Planning Commission recommended approval of Alternative A
thereby approving the applicant's first amended application to close and vacate the
described portion of 15th Street, N.E., subject to the following conditions:
The applicant shall submit to the Agent for the Planning Commission, receive all
required approvals of, and record with the Clerk of the Circuit Court for the City
of Roanoke, a subdivision plat, with said plat combining all properties which
would otherwise be landlocked by the requested closure, or otherwise disposing of
the land within the fight-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 fight-of-way.
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.
Do
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,
Gilbert E. Butler, Jr., Chairman
Roanoke City Planning Commission
ERT:mf
attachments
cc: Assistant City Attorney
Attorney for the petitioner
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE
IN RE:
FIRST AMENDED
APPLICATION OF BRADLEY A. JONES
FOR VACATION OF THE PORTION OF
15th STREET, N.E., EXTENDING NORTH
FROM VARNELL AVENUE, N.E., IN THE
CITY OF ROANOKE
TO: The Honorable Mayor and Members of City Council
(1) Bradley A. Jones ("Petitioner,,) applies to have the
portion of 15th Street, N.E. extending in a northerly direction
off of Varnell Avenue, N.E., in the City of Roanoke, Virginia,
permanently vacated, discontinued, and closed pursuant to Section
15.1-364, Code of Virginia, and Section 30-14, Code of the City
of Roanoke (1979), both as amended. The street to be closed is
forty feet wide and lies between the parcels bearing City of
Roanoke Official Tax Nos. 3231826 and 3231701 on the west and Tax
Nos. 3231903 and 3231901 on the east, extending from Varnell
Avenue, N.E. northerly to a dead end at the east boundary line
the parcel bearing Tax No. 3231701; provided, however, that the
12-foot-wide alley which intersects this portion of 15th Street
is not to be closed, this petition applying only to the portions
of 15th Street lying north and south of the alley. This street
is shown cross-hatched on the copy of a portion of City of
RKE#O556292.WPD
C/M 999999-999999
Roanoke Appraisal Map Sheet 323 attached to this Application as
Exhibit A. This street has never been opened on the ground.
(2) Petitioner owns tax parcel 3231826, which is currently
vacant, and wishes to construct a residence on the lot. This lot
is only forty (40) feet wide, and closure of this unused street
will add twenty feet to the lot and provide more space for
construction within the applicable setbacks. Since the street
has never been opened and all adjoining lots have adequate access
from other public streets, closure of this street will have no
adverse effect on any property or owner.
(3) A list of the property owners whose lots border or abut
the subject street is attached to this application as Exhibit B.
WHEREFORE, the petitioner Bradley A. Jones respectfully
requests that the above-described street be permanently vacated,
discontinued and closed by the Council of the City of Roanoke in
accordance with Section 15.1-364, Code of Virginia, and Section
30-14, Code of the City of Roanoke, both as amended to date.
Date: I1/~5/$$
Daniel F. Layman, Jr.
Woods, Rogers & Hazlegrove, P.L.C.
P. O. Box 14125
Roanoke, VA 24038
(703) 983-7653
Of Counsel for Petitioner
Respectfully,
BRADLEY A. JONES
By His Atto~
RKE#0556292 WPD
C/M: 999999-999999 2
'East/West Alley
I!
Vam~ll Av__enu '""'"
: a.
I
EXHIBIT B
Tax Map No.
3231701
Property Owner
Calvin W. Powers
P.O. Box 12068
Roanoke, VA 24022-2068
3231903
Roger D. Roberts
3590 Casey Road
Salem, VA 24153-2567
3231901
A. D. Weddle Co., Inc.
P.O. Box 5252
Roanoke, VA 24012-0252
RKE#0556292WPD
C//v1:999999-999999
1701 _
323 o ........
Potential dead-ends
'East/West Alley
It`
Area Requested for Closure
as per original application
MAP A
3231701
'EasffWest Alley
ro
G-I-SE
II
Area Recommended for Closure
as per first amended application
MAP B
The Roanoke Times
Ad Number: 1048283
Publisher's Fee: $125.30
WOODS, ROGERS & HAZLEGRO
P.O. 14125
ROANOKE, VA 24038-4125
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:
01/07/99 FULL RUN - Thursday
01/07/99 FULL RUN - Thursday
12/31/98 FULL RUN - Thursday
12/31/98 FULL RUN - Thursday
Witness, this llth day of January 1999
Authorized
Signature
Roanoke will hold a Pub~.
Hea,nl on Tu~day..Janue~ i
19, 1999, at ?:00 p~., O~ mS
Chamber In the Municipal
Building, 2/5 Chuech Avenue,
S.W., o~ an app#catlon to per.
manentty abandon, vacate, dis-
continue and ek~e, to the
way, the following, public
N.E., extending in a nmtherly
direction from Vam~l Averme,
in the Offioe of tiro Cl~, Cleric,
AH Pa~es in interest may
aPlxlar On tbe above date and
M~ F. Pm.~, C~ty Ck~k.
(10482~3)
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public Heating on Tuesday, January
19, 1999, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council
Chamber in the Municipal Building, 215 Church Avenue, S.W., on an application to
permanently abandon, vacate, discontinue and close, to the extent the City has any legal
interest in said public right-of-way, the following public right-of-way:
That portion of 15th Street, N.E., extending in a northerly direction from
Vamell Avenue, N.E.
A copy of this proposal is available for public inspection in the Office of the City
Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date
and be heard on the question.
GIVEN under my hand this 31st day of December ., 19 9___8
Mary F. Parker, City Clerk.
H:~qOTICE~NC-BJONES
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, $.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
January 4, 1999
SANDRA H. EAKIN
Deputy City Clerk
File #514
Daniel F. Layman, Jr., Attorney
Woods, Rogers & Hazlegrove, P.L.C.
P. O. Box 14125
Roanoke, Virginia 24038-4125
Dear Mr. Layman:
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, January 19, 1999, at 7:00
p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth
floor, Municipal Building, 215 Church Avenue, S. W., on the request of Bradley A. Jones that a
portion of 15th Street, N. E., extending north from Vamell Avenue, be permanently vacated,
discontinued and closed.
For your information, I am enclosing copy of a notice of the public heating, an Ordinance and a
report of the City Planning Commission with regard to the matter. Please review the documents and
if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 853-2431.
Questions with regard to the City Planning Commission report should be directed to the Department
of Planning and Community Development at 853-2344.
It will be necessary for you, or your representative, to be present at the January 19 public
hearing. Failure to appear could result in a deferral of the matter until a later date.
Sincerely,
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
January 4, 1999
File #514
Mr. and Mrs. Calvin W. Powers
Mr. Roger D. Roberts
Mr. and Mrs. Theodore Sutton
A. D. Weddle Co., Inc.
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, January 19, 1999, at 7:00
p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth
floor, Municipal Building, 215 Church Avenue, S. W., oe the request of Bradley A. Jones that a
portion of 15th Street, N. E., extending north from Vamell Avenue, be permanently vacated,
discontinued and closed.
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 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
MARY F. PARKER, CMC~AAE
City Cle~
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
November 24, 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
a first amended application from Daniel F. Layman, Jr., Attorney, representing Bradley A.
Jones, requesting that a portion of 15th Street, N. E., extending north from Vamell Avenue,
be permanently vacated, discontinued and closed.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:se
Enclosure
pc:
The Honorable Mayor and Members of the Roanoke City Council
Daniel F. Layman, Jr., Attomey, Woods, Rogers & Hazlegrove, P. L. C., P. O. Box
14125, Roanoke, Virginia 24038
Evelyn S. Lander, Acting Chief, Planning and Community Development
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald H. Miller, Building Commissioner
Steven J. Talevi, Assistant City Attorney
H:~STREET. 98~BRADLEY.AM
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE
IN RE:
FIRST AMENDED
APPLICATION OF BRADLEY A. JONES
FOR VACATION OF THE PORTION OF
15th STREET, N.E., EXTENDING NORTH
FROM VARNELL AVENUE, N.E., IN THE
CITY OF ROANOKE
TO: The Honorable Mayor and Members of City Council
(1) Bradley A. Jones ("Petitioner") applies to have the
portion of 15th Street, N.E. extending in a northerly direction
off of Varnell Avenue, N.E., in the City of Roanoke, Virginia,
permanently vacated, discontinued, and closed pursuant to Section
15.1-364, Code of Virginia, and Section 30-14, Code of the City
of Roanoke (1979), both as amended. The street to be closed is
forty feet wide and lies between the parcels bearing City of
Roanoke Official Tax Nos. 3231826 and 3231701 on the west and Tax
Nos. 3231903 and 3231901 on the east, extending from Varnell
Avenue, N.E. northerly to a dead end at the east boundary line
the parcel bearing Tax No. 3231701; provided, however, that the
12-foot-wide alley which intersects this portion of 15th Street
is not to be closed, this petition applying only to the portions
of 15th Street lying north and south of the alley. This street
is shown cross-hatched on the copy of a portion of City of
RKE#0556292,WPD
C~:999999-999999
Roanoke Appraisal Map Sheet 323 attached to this Application as
Exhibit A. This street has never been opened on the ground.
(2) Petitioner owns tax parcel 3231826, which is currently
vacant, and wishes to construct a residence on the lot. This lot
is only forty (40) feet wide, and closure of this unused street
will add twenty feet to the lot and provide more space for
construction within the applicable setbacks. Since the street
has never been opened and all adjoining lots have adequate access
from other public streets, closure of this street will have no
adverse effect on any property or owner.
(3) A list of the property owners whose lots border or abut
the subject street is attached to this application as Exhibit B.
WHEREFORE, the petitioner Bradley A. Jones respectfully
requests that the above-described street be permanently vacated,
discontinued and closed by the Council of the City of Roanoke in
accordance with Section 15.1-364, Code of Virginia, and Section
30-14, Code of the City of Roanoke, both as amended to date.
Date:
Daniel F. Layman, Jr.
Woods, Rogers & Hazlegrove, P.L.C.
P. O. Box 14125
Roanoke, VA 24038
(703) 983-7653
Of Counsel for Petitioner
Respectfully,
BRADLEY A. JONES
RKE#0556292.WPD
C/M: 999999-999999 2
3231701
'East/West Alley
t w. ~,. c. G-l-SS'
EXHIBIT B
Tax Map No.
3231701
Property Owner
Calvin W. Powers
P.O. Box 12068
Roanoke, VA 24022-2068
3231903
Roger D. Roberts
3590 Casey Road
Salem, VA 24153-2567
3231901
A. D. Weddle Co., Inc.
P.O. Box 5252
Roanoke, VA 24012-0252
RKE#0556292.WPD
C/M:999999-999999
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE STREET AND ALLEY CLOSURE REQUEST OFi
Bradley A. Jones to close a portion of 15th Street, N.E.
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 23rd day of November, 1998, notices of a public hearing to be held on
the 2nd day of December, 1998, on the street closure captioned above to the owner or agent of the
parcels listed below at their last known address:
Parcel Owner's Name
3231701 Calvin W. and Mary C. Powers
Theodore and Judy Sutton
3231903 Roger D. Roberts
3231901
A. D. Weddle Co., Inc.
Martha Pace Franklin
Mailing Address
P. O. Box 12068
Roanoke, VA 24022-2068
3590 Casey Road
Salem, VA 2 4153-2567
P. O. Box 5252
Roanoke, VA 24012-0252
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia,
this 23rd of November, 1998. ~. ,/-) , f .
-No~ Public~
My Commission expires:
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRG~
i-:~.,~.~ ~'
PERTAINING TO THE STREET AND ALLEY CLOSURE REQUEST OF:
Bradley A. Jones to close a portion of 15th Street, ~E. ~"
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 26t~ day of October, 1998, notices of a public hearing to be held on the
4th day of November, 1998, on the street closure captioned above to the owner or agent of the parcels
listed below at their last known address:
Parcel Owner's Name
3231701 Calvin W. and Mary C. Powers
Theodore and Judy Sutton
3231903 Roger D. Roberts
3231901
A. D. Weddle Co., Inc.
Martha Pace Franklin
Mailing Address
P. O. Box 12068
Roanoke, VA 24022-2068
3590 Casey Road
Salem, VA 2 4153-2567
P. O. Box 5252
Roanoke, VA 24012-0252
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia,
this 26th day of October, 1998. .
~/ '~qotary-Pu~li~ /
My CommissionexpiresZ~ff/-/ (.fi// /~c/ff~J
/ ·
NOTICE OF PUBLIC HEARING BEFOR[E'~TFIE:ROANO~ CITY PLANNING
COMMISSION
TO WHOM IT MAY CONCERN: '9~3 ~i 1 9 D .:~ :55
The Roanoke City Planning Commission will hold a public hearing on Wednesday,
November 4, 1998, 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., in order to consider the following:
Request from Bradley A. Jones, represented by Daniel F. Layman, Jr., attorney, that a
portion of 15th Street, N.E., extending north from Vamell Avenue, N.E. be permanently
vacated, discontinued and closed.
A copy of said application is available for review in the Department of Planning and
Community Development, Room 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, October 20, 1998 and Tuesday, October 27, 1998
Please bill:
Daniel F. Layman, Jr.,
Woods, Rogers & Hazlegrove
P. O. Box 14125
Roanoke, VA 24038
Please 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
October 9, 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 Daniel F. Layman, Jr., Attorney, representing Bradley A. Jones,
requesting that a portion of 15th Street, N. E., extending north from Varnell Avenue, be
permanently vacated, discontinued and closed.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
Enclosure
pc:
The Honorable Mayor and Members of the Roanoke City Council
Daniel F. Layman, Jr., Attorney, Woods, Rogers 8, Hazlegrove, P. L. C., P. O. 'Box
14125, Roanoke, Virginia 24038
Evelyn S. Lander, Acting Chief, Planning and Community Development
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald H. Miller, Building Commissioner
Steven J. Talevi, Assistant City Attorney
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 5, 1999
SANDRA H. EAKIN
Deputy City Clerk
File #51
City of Roanoke Redevelopment
and Housing Authority
P. O. Box 6359
Roanoke, Virginia 24017
Hotel Roanoke Foundation, Inc.
cio Virginia Polytechnic Institute
and State University
312 Burrus Hall
Blacksburg, Virginia 24061
Ladies and Gentlemen:
I am enclosing copy of Ordinance No. 34149-020199 rezoning property known as the
former N & W Passenger Station located at 209 Shenandoah Avenue, N. E., identified as
Official Tax No. 3013603, from HM, Heavy Manufacturing District, to C-3, Central Business
District. The abovereferenced measure was adopted by the Council of the City of Roanoke
on first reading on Tuesday, January 19, 1999, also adopted by the Council on second
reading on Monday, February 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:
R. Matthew Kennell, President, Roanoke Foundation for Downtown, Inc., cio
Downtown Roanoke, Inc., 310 First Street, S. W., Roanoke, Virginia 24011
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
City of Roanoke Redevelopment
and Housing Authority
Hotel Roanoke Foundation, Inc.,
cio Virginia Polytechnic Institute and State University
February 5, 1999
Page 2
p¢~
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
N:\CKLO 1 ~AGENDA99'xFEB 1 WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 1st day of February, 1999.
No. 34149-020199.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 301, Sectional 1976 Zone Map, City of Roanoke, to rezone certain
property within the City.
WHEREAS, Roanoke City Planning Commission has made application to the
Council of the City of Roanoke to have the hereinafter described property rezoned from HM,
Heavy Manufacturing District, to C-3, Central Business District; and
WHEREAS, the City Planning Commission, which after giving proper notice to all
concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and
after conducting a public hearing on the matter, has made its recommendation to Council;
and
WHEREAS, a public hearing was held by City Council on said application at its
meeting on January 19, 1999, after due and timely notice thereof as required by §36.1-693,
Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and
citizens were given an opportunity to be heard, both for and against the proposed rezoning;
and
WHEREAS, this
recommendation made
Council, after considering the aforesaid application, the
to the Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that
the 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. 301 of the Sectional 1976
Zone Map, City of Roanoke, be amended in the following particular and no other:
The Old Norfolk & Western Passenger Station located on Shenandoah Avenue, N.E.,
and designated on Sheet No. 301 of the Sectional 1976 Zone Map, City of Roanoke, as
Official Tax No. 3013603, be, and is hereby rezoned from HM, Heavy Manufacturing
District, to C-3, Central Business District, said parcel being the subject of the Second
Amended Petition filed in the Office of the City Clerk on December 7, 1998, and that Sheet
No. 301 of the Zone Map be changed in this respect.
ATTEST:
City Clerk.
H:~)RD-~NOR,FK
City Planning Commission
January 19, 1999
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request from the City Planning Commission to rezoning the old N&W
Passenger Station at 209 Shenandoah Avenue, designated as Official Tax
Number 3013603 from HM, Heavy Manufacturing District to C-3, Central
Business District
I. Background:
mo
Former passenger station was donated to the Roanoke Foundation for Downtown,
Inc. last year for the purposes of maintaining an historical building and developing
the property for an alternative use.
B. Most railroad owned properties are zoned industrial within the City.
Co
Property owner desires to have the property rezoned to C-3 and requested assistance
from the Planning Commission. Request for rezoning from HM to C-3 was filed by
the Planning Commission on August 10, 1998
Do
Purpose of the rezoning request is to re-develop the property for new offices and
retail.
II.
Issues:
Amended Petitions were filed on November 20, 1998, and December 7, 1998, to
clarify wording in the original petition
Planning Commission public hearing was held on December 12,1998. Mrs. Lander
presented the staff report. There were no questions from the Planning Commission
nor did anyone speak in favor of or in opposition to the request.
Zoning of the property is presently HM. Surrounding zoning is C-3.
Land use of the property is a vacant passenger station. Surrounding land uses
include the Hotel Roanoke and Conference Center, additional vacant railroad
Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344
Members of Council
Page 2
buildings (one soon to be the Higher Education Center), and other downtown
businesses.
Historic value of the property is significant because of its association with the N&W
Railroad and for its designer. Property was re-designed by famous modem industrial
designer, Raymond Loewy, who was responsible for the design of the Studebaker,
the Coca-Cola bottle, the Lucky Strike logo, the N&W 611 Engine, and other famous
industrial logos and products.
D. Comprehensive Plan recommends that:
Roanoke's downtown should continue to evolve as the region's central
business district for office, financial, supporting retail, cultural, entertainment
and govemment services.
Zoning and land development should preserve landmarks and neighborhood
character.
3. Roanoke should be promoted as a cultural and tourism center for the region.
III. Alternatives:
A. City Council approve the rezoning request.
1. Zoning becomes C-3, which is consistent with surrounding zoning.
Land use alternatives for other business and retail development is possible;
use is not restricted to industrial.
Historic significance of the building is reco~.gnized and adaptive re-use for
other purposes is encouraged.
4. Comprehensive Plan is followed.
B. City City deny the rezoning request.
1. Zoning remains HM.
Land use would be restricted to industrial uses and those permitted within the
LM district.
Historic significance still could be reco~.cmized. Re-use of the building may be
more of a challenge.
4. Comprehensive Plan could be followed.
Members of Council
Page 3
IV. Recommendation:
By a vote of 6-0-1 (Mr. Manetta abstaining), the Planning Commission recommends that
City Council approve the rezoning request. The property is located within the Central
Business District and should be developed in accordance with other similarly zoned
properties. Rezoning the property would be consistent with the City's Comprehensive Plan
and would enable an historic building to be used in ways other than for industry.
Respectfully submitted,
Gilbert E. Butler, Jr., Chairman
Roanoke City Planning Commission
GEB :ESL
attachments
cc: Assistant City Attorney
SECOND AMENDED PETITION TO REZONE
TO THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
REZONING OF THE OLD N & W PASSENGER STATION LOCATED AT
209 SHENANDOAH AVENUE, N.E.
TO: THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY
OF ROANOKE:
The Roanoke City Planning Commission, petitions to rezone the former Norfolk and
Western Railway Co. passenger station located at 209 (101 pursuant to Office of Real
Extate Valuation) Shenandoah Avenue, N.E., identified as Official Tax Number 3013603
owned by the Roanoke Foundation for Downtown Inc., a not for profit Virginia Corporation.
Said property is currently zoned HM, Heavy Manufacturing District. A map of the property
to be rezoned is attached as Exhibit A.
Owner is a not-for-profit foundation dedicated to the betterment of the downtown
area and the Roanoke community as a whole. Consistent with its mission, it was deeded
said property. While wishing to maintain a historically significant facility in a manner that
will benefit the community, the Owner intends to develop the property as general office
space and space for light retail. Said uses are inconsistent with HM, Heavy Manufacturing
District zoning.
Pursuant of Section 36.1-690, Code of the City of Roanoke (1979), as amended,
the Petitioner, in order to assist the Owner in the fulfillment of it's mission of historic
preservation and public betterment, requests that the said property be rezoned from HM,
-1-
Heavy Manufacturing District to C-3, Central Business District, said property to be
described as follows:
BEGINNING at a track spike set in the asphalt of Shenandoah Avenue, shown as
point number 1 on said plat; thence, along said Avenue, South 87° 45'100" East,
a distance of 362.23 feet to a track spike set, shown as point number 2 on said plat,
from which the center line of the Shenandoah main line beam South 02° 19'38"
West at 71.2 feet, being a tie line perpendicular to the Shenandoah main line at
Station 13363+86, more or less, East Bound main line; thence, North 02° 15'00"
East, a distance of 20.00 feet to a track spike set, shown as point number 3 on said
plat, the PC of a curve to the left with a radius of 308.20 feet, delta of 26° 14'51",
arc of 141.19 fee subtended by a chord bearing North 79° 07'35" East, a distance
of 139.96 feet to a track spike set, shown as point number 4 on said plat, the PT of
said curve and the PC of a curve to the right with a radius of 90.00 feet, delta of 26 °
14'51", arc of 41.23 feet, subtended by a chord bearing north 79° 07'35" East ora
distance of 40.87 feet to a track spike set, shown as point number 5 on said plat,
the PT of said curve; thence, South 87° 45'00" East, a distance of 279.30 feet to a
track spike set, shown as point number 6 on said plat; thence, North 76° 02'55"
East, a distance of 21.53 feet to a track spike set, shown as point number 7 on said
plat, from which a 5/8 inch *rebar found beam North 31 o 39'43" East, at 133.97 feet;
thence, through the Norfolk and Western Railway Company property, creating new
lot lines, the following seven courses: South 02 o 36'57" West, a distance of 43.70
feet to a track spike set, shown as point number 8 on said plat; South 89° 47'20"
West, a distance of 67.20 feet to a track spike set, shown as point number 9 on said
plat; South 02 ° 06'59" West, a distance of 37.07 feet to a track spike set, shown as
point number 10 on said plat, from which the center line of the Shenandoah main
line beam South 01 o 33'16" East, at 52.9 feet, being a tie line perpendicular to the
Shenandoah main line; North 87° 53'01" West, a distance of 258.14 feet to a track
spike set at the Southwest end of a rock wall, shown as point number 11 on said
plat, from which the center line of the Shenandoah main line beam South 02° 19'38"
West, at 54.2 feet, being a tie line perpendicular to the Shenandoah main line; along
the south side of said rock wall, North 87052'04'' West, a distance of 122.30 feet to
a track spike set at the south base of said rock wall, shown as point number 12 on
said plat; North 87 o 38'35" West, a distance of 390.49 feet to a track spike set at the
south base of a rock wall, shown as point number 13 on said plat; and continuing
through said wall, North 02° 05'42" East, a distance of 16.71 feet to the point of
beginning; containing 0.838 of an acre, more or less.
Being part of the property described in Deed Book 178, page 336, Roanoke City,
and Deed Book N, page 84, Roanoke County.
-2-
The Petitioner believes the rezoning of the said property will further the intent and
purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will allow for
the reuse of a distinctive and architecturally unique structure in a manner that will benefit
the citizens of the City of Roanoke and be consistent with the use and zoning of adjoining
properties.
Attached as Exhibit B 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 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 .
"~ day of ~ 998.
Respectfully submitted,
B ~
Member; Roanoke City Planning Commission
Requested by the owner,
Roanoke Foundation for Downtown Inc.
Matth(~w I~'ennell ~/[
Agent
P \USERS\RACHEL\FILES\REALEST~REZONNV¢2 WPD
(12f7/98-10:00am)
-3-
EXHIBIT A
Proposed to
Rezoned
!
Official Tax Man
Number
3013502
3013602
3013501
3013504
4010121
4010118
4010213
EXHIBIT B
ADJOINING PROPERTY OWNERS
Name(s) Address
City of Roanoke Redevelopment
And Housing Authority
Hotel Roanoke Foundation, Inc.
c/o VA Tech
City of Roanoke
P. O. Box 6359
Roanoke, VA 24017
312 Burruss Hall
Blacksburg, VA 24061
Ad Number: 1048262
Publisher's Fee: $125.30
ROANOKE CITY CLERK'S OFF
ATT: MARY PARKER, CLERK
215 CHURCH AVE SW RM 456
ROANOKE, VA 24011-1536
The Roanoke Times
Po
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:
01/07/99 FULL RUN - Thursday
01/07/99 FULL RUN - Thursday
12/31/98 FULL RUN - Thursday
12/31/98 FULL RUN - Thursday
Witness, this llth day of January 1999
Authorized Signature
TO WHOM IT MAy CONCERN;
Pumuant to the pm~k~ of
A~c~e VII of ~ 36.1,
Code m' Um C#y of Romeke
(./.979), ~s amended, the Colin-
.om a~ Hea~ng on Tues-
P-re., In the Couflc~ Chamber iff
the Municipal Building, 21~
Chm'c~ Avenue, $.W., .o~ the
fqoHeUeSUofl of razo~ln~ from HM
C-~, Central Business ~
St~on iocat~ o~
earing Official Tax No
30~03, '
A copy of this Proposal Is
available for public Inspection
~..oom 456, Munlcllml Sulldlnl[:
~o Parties in interest may
~ar on the above ~ate and
F. Parker, City Clerk.
(1048262)
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, January 19, 1999, at 7:00 p.m., in the Council Chamber in the Municipal
Building, 215 Church Avenue, S.W., on the question of rezoning from HM, Heavy
Manufacturing District, to C-3, Central Business District, the following property:
The Old Norfolk & Western Passenger Station located on Shenandoah
Avenue, N.E., and bearing Official Tax No. 3013603.
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 31st day of December , 1998.
Mary F. Parker, City Clerk.
HANOTICELN-PC. PASS
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
January 5, 1999
File #51
SANDRA H. EAKIN
Deputy City Clerk
City of Roanoke Redevelopment
and Housing Authority
P. O. Box 6359
Roanoke, Virginia 24017
Hotel Roanoke Foundation, Inc.
c/o VA Tech
312 Burrus Hall
Blacksburg, Virginia 24061
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, January 19, 1999, at 7:00
p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth
floor, Municipal Building, 215 Church Avenue, S. W., on the request of the Roanoke Foundation
for Downtown, Inc., that the former N & W Passenger Station located at 209 Shenandoah Avenue,
N. E., identified as Official Tax No. 3013603, be rezoned from HM, Heavy Manufacturing District,
to C-3, Central Business District.
The City Planning Commission has recommended approval of the request. If you would like to
receive a copy of the City Planning Commission's report, please call the City Clerk's Office at 853-
2541.
This letter is provided for your information as an interested property owner and/or adjoining property
owner. If you have questions with regard to the matter, please call the Department of Planning and
Community Development at 853-2344.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
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 9, 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 Second Amended Petition from the City Planning Commission,
representing the Roanoke Foundation for Downtown, Inc., requesting that the former
N & W Passenger Station located at 209 Shenandoah Avenue, N. E., identified as Official
Tax No. 3013603, be rezoned from HM, Heavy Manufacturing District, to C-3, Central
Business District.
Sincerely,
~'~ ~;r,~'
Mary F. CMC/AAE
Deputy City Clerk
MFP:Io
Enclosure
pc:
The Honorable Mayor and Members of the Roanoke City Council
Roanoke FoundatiOn for Downtown, Inc., c/o Downtown Roanoke, Inc., 310 First
Street, S. W., 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:~REZO NING.9~DWTNRKE.VVPD
SECOND AMENDED PETITION TO REZONE
TO THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
REZONING OF THE OLD N & W PASSENGER STATION LOCATED AT
209 SHENANDOAH AVENUE, N.E.
TO: THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY
OF ROANOKE:
The Roanoke City Planning Commission, petitions to rezone the former Norfolk and
Western Railway Co. passenger station located at 209 (101 pursuant to Office of Real
Extate Valuation) Shenandoah Avenue, N.E., identified as Official Tax Number 3013603
owned by the Roanoke Foundation for Downtown Inc., a not for profit Virginia Corporation.
Said property is currently zoned HM, Heavy Manufacturing District. A map of the property
to be rezoned is attached as Exhibit A.
Owner is a not-for-profit foundation dedicated to the betterment of the downtown
area and the Roanoke community as a whole. Consistent with its mission, it was deeded
said property. While wishing to maintain a historically significant facility in a manner that
will benefit the community, the Owner intends to develop the property as general office
space and space for light retail. Said uses are inconsistent with HM, Heavy Manufacturing
District zoning.
Pursuant of Section 36.1-690, Code of the City of Roanoke (1979), as amended,
the Petitioner, in order to assist the Owner in the fulfillment of it's mission of historic
preservation and public betterment, requests that the said property be rezoned from HM,
-1-
Heavy Manufacturing District to C-3, Central Business District, said property to be
described as follows:
BEGINNING at a track spike set in the asphalt of Shenandoah Avenue, shown as
point number 1 on said plat; thence, along said Avenue, South 87° 45'100" East,
a distance of 362.23 feet to a track spike set, shown as point number 2 on said plat,
from which the center line of the Shenandoah main line bears South 02° 19'38"
West at 71.2 feet, being a tie line perpendicular to the Shenandoah main line at
Station 13363+86, more or less, East Bound main line; thence, North 02° 15'00"
East, a distance of 20.00 feet to a track spike set, shown as point number 3 on said
plat, the PC of a curve to the left with a radius of 308.20 feet, delta of 26° 14'51",
arc of 141.19 fee subtended by a chord bearing North 79° 07'35" East, a distance
of 139.96 feet to a track spike set, shown as point number 4 on said plat, the PT of
said curve and the PC of a curve to the right with a radius of 90.00 feet, delta of 26°
14'51", arc of 41.23 feet, subtended by a chord bearing north 79° 07'35" East of a
distance of 40.87 feet to a track spike set, shown as point number 5 on said plat,
the PT of said curve; thence, South 87° 45'00" East, a distance of 279.30 feet to a
track spike set, shown as point number 6 on said plat; thence, North 76° 02'55"
East, a distance of 21.53 feet to a track spike set, shown as point number 7 on said
plat, from which a 5/8 inch *rebar found bears North 31 o 39'43" East, at 133.97 feet;
thence, through the Norfolk and Western Railway Company property, creating new
lot lines, the following seven courses: South 02° 36'57" West, a distance of 43.70
feet to a track spike set, shown as point number 8 on said plat; South 89° 47'20"
West, a distance of 67.20 feet to a track spike set, shown as point number 9 on said
plat; South 02° 06'59" West, a distance of 37.07 feet to a track spike set, shown as
point number 10 on said plat, from which the center line of the Shenandoah main
line bears South 01 o 33'16" East, at 52.9 feet, being a tie line perpendicular to the
Shenandoah main line; North 87° 53'01" West, a distance of 258.14 feet to a track
spike set at the Southwest end of a rock wall, shown as point number 11 on said
plat, from which the center line of the Shenandoah main line bears South 02° 19'38"
West, at 54.2 feet, being a tie line perpendicular to the Shenandoah main line; along
the south side of said rock wall, North 87052'04'' West, a distance of 122.30 feet to
a track spike set at the south base of said rock wall, shown as point number 12 on
said plat; North 87 o 38'35" West, a distance of 390.49 feet to a track spike set at the
south base of a rock wall, shown as point number 13 on said plat; and continuing
through said wall, North 02° 05'42" East, a distance of 16.71 feet to the point of
beginning; containing 0.838 of an acre, more or less.
Being part of the property described in Deed Book 178, page 336, Roanoke City,
and Deed Book N, page 84, Roanoke County.
-2-
The Petitioner believes the rezoning of the said property will further the intent and
purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will allow for
the reuse of a distinctive and architecturally unique structure in a manner that will benefit
the citizens of the City of Roanoke and be consistent with the use and zoning of adjoining
properties.
Attached as Exhibit B 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 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 '~ day of ~ 998.
Respectfully submitted,
Member; Roanoke City Planning Commission
Requested by the owner,
Roanoke Foundation for Downtown Inc.
Matthew l~'ennell ~/[
Agent
P:\USERS\RACHEL\FILES\REALES~REZONNW2.WPD
(12/7/98-10:00am) -3-
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
November 30, 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 from the City Planning Commission,
representing the Roanoke Foundation for Downtown, Inc., requesting that the former
N & W Passenger Station located at 209 Shenandoah Avenue, N. E., identified as Official
Tax No. 3013603, be rezoned from LM, Light Manufacturing District, to C-3, Central
Business District.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:lo
Enclosure
pc:
The Honorable Mayor and Members of the Roanoke City Council
Roanoke Foundation for Downtown, Inc., c/o Downtown Roanoke, Inc., 310 First
Street, S. W., 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
FIRST AMENDED PETITION TO REZONE
TO THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
REZONING OF THE OLD N & W PASSENGER STATION LOCATED AT
209 SHENANDOAH AVENUE, N.E.
TO: THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY
OF ROANOKE:
The Roanoke City Planning Commission, petitions to rezone the former Norfolk and
Western Railway Co. passenger station located at 209 (101 pursuant to Office of Real
Extate Valuation) Shenandoah Avenue, N.E., identified as Official Tax Number 3013603
owned by the Roanoke Foundation for Downtown Inc., a not for profit Virginia Corporation.
Said property is currently zoned LM, Light Manufacturing District. A map of the property
to be rezoned is attached as Exhibit A.
Owner is a not-for-profit foundation dedicated to the betterment of the downtown
area and the Roanoke community as a whole. Consistent with its mission, it was deeded
said property. While wishing to maintain a historically significant facility in a manner that
will benefit the community, the Owner intends to develop the property as general office
space and space for light retail. Said uses are inconsistent with LM, Light Manufacturing
District zoning.
Pursuant of Section 36.1-690, Code of the City of Roanoke (1979), as amended,
the Petitioner, in order to assist the Owner in the fulfillment of it's mission of historic
preservation and public betterment, requests that the said property be rezoned from LM,
-1-
Light Manufacturing District to C-3, Central Business District, said property to be described
as follows:
BEGINNING at a track spike set in the asphalt of Shenandoah Avenue, shown as
point number 1 on said plat; thence, along said Avenue, South 87° 45'100" East,
a distance of 362.23 feet to a track spike set, shown as point number 2 on said plat,
from which the center line of the Shenandoah main line bears South 02° 19'38"
West at 71.2 feet, being a tie line perpendicular to the Shenandoah main line at
Station 13363+86, more or less, East Bound main line; thence, North 02° 15'00"
East, a distance of 20.00 feet to a track spike set, shown as point number 3 on said
plat, the PC of a curve to the left with a radius of 308.20 feet, delta of 26° 14'51",
arc of 141.19 fee subtended by a chord bearing North 79° 07'35" East, a distance
of 139.96 feet to a track spike set, shown as point number 4 on said plat, the PT of
said curve and the PC of a curve to the right with a radius of 90.00 feet, delta of 26°
14'51", arc of 41.23 feet, subtended by a chord bearing north 79° 07'35" East of a
distance of 40.87 feet to a track spike set, shown as point number 5 on said plat,
the PT of said curve; thence, South 87° 45'00" East, a distance of 279.30 feet to a
track spike set, shown as point number 6 on said plat; thence, North 76° 02'55"
East, a distance of 21.53 feet to a track spike set, shown as point number 7 on said
plat, from which a 5/8 inch *rebar found bears North 31 o 39'43" East, at 133.97 feet;
thence, through the Norfolk and Western Railway Company property, creating new
lot lines, the following seven courses: South 02° 36'57" West, a distance of 43.70
feet to a track spike set, shown as point number 8 on said plat; South 89° 47'20"
West, a distance of 67.20 feet to a track spike set, shown as point number 9 on said
plat; South 02° 06'59" West, a distance of 37.07 feet to a track spike set, shown as
point number 10 on said plat, from which the center line of the Shenandoah main
line bears South 01 o 33'16" East, at 52.9 feet, being a tie line perpendicular to the
Shenandoah main line; North 87° 53'01" West, a distance of 258.14 feet to a track
spike set at the Southwest end of a rock wall, shown as point number 11 on said
plat, from which the center line of the Shenandoah main line bears South 02° 19'38"
West, at 54.2 feet, being a tie line perpendicular to the Shenandoah main line; along
the south side of said rock wall, North 87o52'04'' West, a distance of 122.30 feet to
a track spike set at the south base of said rock wall, shown as point number 12 on
said plat; North 87 ° 38'35" West, a distance of 390.49 feet to a track spike set at the
south base of a rock wall, shown as point number 13 on said plat; and continuing
through said wall, North 02° 05'42" East, a distance of 16.71 feet to the point of
beginning; containing 0.838 of an acre, more or less.
Being part of the property described in Deed Book 178, page 336, Roanoke City,
and Deed Book N, page 84, Roanoke County.
-2-
The Petitioner believes the rezoning of the said property will further the intent and
purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will allow for
the reuse of a distinctive and architecturally unique structure in a manner that will benefit
the citizens of the City of Roanoke and be consistent with the use and zoning of adjoining
properties.
Attached as Exhibit B 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 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 ?-.0/~ day of November, 1998.
Respectfully submitted,
Member; Roanoke City Planning Commission
Requested by the owner,
Roanoke Foundation for Downtown Inc.
BY: ~
Matthew Kennell
Agent
P:\USE RS~C H EL~FILE S~REALEST~REZO N NW2.WPD
(11/20/98-2:15pm)
Official T;~x Man
Number
3013502
3013602
3013501
3013504
4010121
4010118
4010213
EXHIBIT B
ADJOINING PROPERTY OWNERS
Name(s) Add,ms,s
City of Roanoke Redevelopment
And Housing Authority
Hotel Roanoke Foundation, Inc.
c/o VA Tech
City of Roanoke
P. O. Box 6359
Roanoke, VA 24017
312 Burruss Hall
Blacksburg, VA 24061
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGII~ IA.
PERTAINING TO THE AMENDMENT TO PROFFERED CONDITIONS REQUEST OF:
City Planning Commission for property at 209 Shen~fiBdo~-~X?e4hu~! ~.~.) )
Officical Tax No. 3013603, from HM to C-3 )Affidavit
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the
Roanoke City Planning Commission, and as such is competent to make this affidavit of her own
personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of
Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has
sent by first-class mail on the 23rd day of November, 1998, notices of a public heating to be held on
the 2nd day of December, 1998, on the rezoning captioned above to the owner or agent of the parcels
listed below at their last known address:
Parcel
3013502
3013602
3013501
3013504
4010121
4010118
4010213
Owner's Name
City of Roanoke Redevelopment and
Housing Authority
Hotel Roanoke Foundation, Inc.
c/o VA Tech
City ofRoanoke
Mailing Address
P. O. Box 6359
Roanoke, VA 24017
312 Burruss Hall
Blacksburg, VA 24061
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia,
this 23rd day of November, 199~
NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The Roanoke City Planning Commission will hold a public hearing on Wednesday,
September 2, 1998, 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., in order to consider the
following:
Request from the City of Roanoke Planning Commission that property located at 209
Shenandoah Avenue, N.E., designated as Official Tax No. 3013603, more commonly
known as the former Norfolk and Western Railway Co. passenger station be rezoned
from HM, Heavy Manufacturing District to C-3, Central Business District.
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, August 18, 1998 and August 25, 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)
'TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
' PERTAINING TO THE REZONING REQUEST OF:
City Planning Commission for property at 209 Shenandoah Ave~,
Official Tax No. 3013603, from HM to C-3 )
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 behalf of the Planning Commission of the City of Roanoke, she has
sent by first-class mail on the 24th day of August, 1998, notices of a public hearing to be held on the
2nd day of September, 1998, on the rezoning captioned above to the owner or agent of the parcels
listed below at their last known address:
Parcel Owner's Name Mailing Address
3013502
3013602
City of Roanoke Redevelopment and
Housing Authority
P. O. Box 6359
Roanoke, VA24017
3013501
3013504
Hotel Roanoke Foundation, Inc.
c/o VA Tech
312 Bun'uss Hall
Blacksburg, VA 24061
4010121
4010118
4010213
City of Roanoke
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia,
1998. /~
this 24th day of August, A
' "~/- ' 'll{lotary Public /
My Commission expires: " '~/{_ (k~ /
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, $.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
August 11, 1998
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(0) of the Code of the City of Roanoke (1979), as amended,
I am enclosing copy of a petition from the City Planning Commission, representing the
Roanoke Foundation for Downtown, Inc., requesting that the former N & W Passenger
Station located at 209 Shenandoah Avenue, N. E., identified as Official Tax No. 3013603,
be rezoned from HM, Heavy Manufacturing District, to C-3, Central Business District.
Sincerely, .~,~,~,.._.
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
Enclosure
H:~EZONING.gS~W'I'NEKE.WPO
Gilbert E. Butler, Jr.
August 11, 1998
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
Roanoke Foundation for Downtown, Inc., c/o Downtown Roanoke, Inc., 310 First
Street, S. W., Roanoke, 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~DW'rNRKE.WPD
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
February 5, 1999
File #51-132-200
Sandra H. Eakin
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
February 1, 1999, Council Member Trout reiterated a referral under date of Monday,
August 17, 1998, in which he expressed concern with regard to conversion of residential
houses into apartments, thus creating parking problems, etc. He referred specifically to
a house located on Broadway, S. W., which was converted into apartments and a building
was constructed at the rear of the property and attached to the original structure. It was
the consensus of Council that the matter would be referred to the City Manager for report
to Council.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc:
Ms. Barbara N. Duerk, Chair, City Planning Commission, 2607 Rosalind Avenue,
$. W., Roanoke, Virginia 24014
William F. Clark, Director, Public Works
Evelyn S. Lander, Chief, Planning and Community Development
N:\CKLO I',AGENDA99XFEB 1 ,WPD
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
February 5, 1999
File #60-132-144-514
Sandra H. Eakin
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
February 1, 1999, Council Member Swain expressed concern with regard to unsightly
debris at one of the main thoroughfares of the City, and advised that he would provide you
with the location for appropriate response. He also requested an evaluation of the policy
with regard to sweeping City streets on a three week cycle. It was the consensus of
Council that the matter will be referred to 1999-2000 budget study and that the City
Manager will prepare a cost analysis for consideration by Council.
Council Member White called attention to the need to educate the public on the
consequences of littering through the City Page of The Roanoke Times, RVTV Channel
3, and in-house anti-littering information. He requested that the City Manager review the
matter of disseminating public information in partnership with the community.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc:
William F. Clark, Director, Public Works
Diane S. Akers, Budget Administrator, Office of Management and Budget
N:~CK.LO I~AGENDA99~'EB I
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
February 5, 1999
File #183-514
Sandra H. Eakin
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
February 1, 1999, Council Member Swain suggested that the policy for repaving of City
streets be publicized on the City Page of The Roanoke Times.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc: William F. Clark, Director, Public Works
N:\CKLO 1XAGENDA99~B 1 .WPD
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 February, 1999, DAVID C.
KEY was appointed as a member of the Board of Trustees, City of Roanoke
Pension Plan, for a term ending June 30, 2002.
Given under my hand and the Seal of the City of Roanoke this eighth day of
February, 1999.
City Clerk
H:~.GENDA99hUEB I, WPD
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 February, 1999, KEITH
MOORE was appointed as a member of the Roanoke Neighborhood Partnership
Steering Committee for a term ending November 30, 2002.
Given under my hand and the Seal of the City of Roanoke this eighth day of
February, 1999.
City Clerk
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 February, 1999, STARK H.
JONES was appointed as a member of the Roanoke Neighborhood Partnership
Steering Committee for a term ending November 30, 2002.
Given under my hand and the Seal of the City of Roanoke this eighth day of
February, 1999.
City Clerk
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 February, 1999, KEITH
MOORE was appointed as a member of the Roanoke Neighborhood Partnership
Steering Committee for a term ending November 30, 2001.
Given under my hand and the Seal of the City of Roanoke this 24th day of
February, 1999.
City Clerk
H:~AGENDA99~FEB 1 WPD
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 February, 1999, DONNA S.
NORVELLE was reappointed as a City Representative to the Fifth Planning District
Disability Services Board for a term ending January 31, 2002.
Given under my hand and the Seal of the City of Roanoke this eighth day of
February, 1999.
City Clerk
N:\CKLO I'~AGENDA99'a~EB I .WPD
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
February 5, 1999
File #70-429
Sandra H. Eakin
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Wilburn C. Dibling, Jr.
City Attorney
Roanoke, Virginia
Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
February 1, 1999, Wilbur A. Drewery, 844,1~ill~,~D,.rive, Vinton, Virginia, having retired from
the F. ire .Department approximatelyJ;~a. Za~u~rior to adoption by Council of a certain
pension ~ncentive ordinance, expressed concern that the Circuit Court refused to hear his
case that he be allowed to receive $300.00 per month in enhanced benefits until age 65.
The remarks were referred to the City Manager and the City Attorney.
Sincerely,
Mary F. Parker, CMC/AAE
City C~erk
MFP:Io
pc:
Mr. Wilburn A. Drewery, 844 Dillon Drive, Vinton, Virginia 24179
Joyce L. Sparks, Retirement Administrator, Department of Finance
N:\CKLO 1 ~.GENDA99~"EB I. WPD
CITY OF ROANOKE
Office of the City Clerk
REVISED
Mary F. Parker, CMC/AAE
City Clerk
February 4, 1999
Sandra H. Eakin
Deputy City Clerk
Wilburn C. Dibling, Jr.
City Attorney
Roanoke, Virginia
Dear Mr. Dibling:
Your communication tendering your resignation as City Attorney, effective April 1, 1999,
was before the Council of the City of Roanoke at a regular meeting which was held on
Monday, February 1, 1999.
On motion, duly seconded and unanimously adopted, Council accepted the resignation
with regret.
You were requested to prepare the proper measure appointing William X Parsons as
Acting City Attorney, effective April 1, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
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pc:
William X Parsons, Assistant City Attorney
Kenneth S. Cronin, Manager, Personnel Management
H:~AGENDA99~FEB l .WPD
WILllURN C. DIBLING, JR.
CT{-Y AT{'ORN EY
CITY OF ROANOKE
OFFICE OF CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011-1595
TELEPHONE 540-853-2431
FACSIMILE 540-853-1221
E-MAIL:ca0~gy O ca .roanoke.va. us
February 1, 1999
WILLIAM X PARSONS
SI'EVEN J. TALEVI
GLADYS L. YATES
GARY E. TEGENKAMP
ASSISTANT CITY ATrORNEYS
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Dear Mayor Bowers and Council Members:
Having proudly served the City of Roanoke for twenty-two years, it is with mixed
emotions that I must advise that I have accepted an offer to join one of Roanoke's premier
law finns, Gentry Locke Rakes & Moore. Therefore, I will resign fi:om my office as City
Attorney, effective April 1, 1999.
This decision is not one that I have taken lightly. My work as City Attorney has been
interesting and challenging. It has been personally gratifying that the Office I have been
privileged to lead has frequently played a significant role in advancing the ends of justice and
improving the quality of life in our community. This Council and previous Councils have
granted me the independence to practice law without political interference and accepted the
advice of my Office, even when unpopular or inconvenient. For this opportunity of public
service, I shall be forever indebted to this Council and previous Councils I have been
honored to serve.
I leave the Office of City Attorney in excellent condition, and the state of the City's
legal health is also excellent. The Office of City Attorney is served by experienced,
dedicated and thoroughly professional staff. The technology that supports the Office is state
of the art. No major litigation currently threatens the legal health of the City, and, by April
1, another Session of the General Assembly will have concluded.
After nearly thirty years of practicing law in the public sector (two years with the
federal government, five years with the State government and twenty-two years with the
City), the time is now right for me to begin a new chapter in my legal career. At Gentry
Locke Rakes & Moore, I will have the opportunity to apply the experience and expertise I
The I~Io~orable Mayor and Members
of City Council
February 1, 1999
Page 2
have gained through the years in the representation of cities, counties and towns, as well as
business clients. I enthusiastically look forward to this new experience.
Our long association has been a very happy one for me, and I leave you all with
sincere gratitude and best wishes for the continued progress of the City.
With kindest personal regards, I am
WCD:f
Sincerely yours,
- ~/ -
Wilbum C. Dibling, Jr.
City Attorney
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