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Home My WebLink AboutCouncil Actions 04-15-91REGULAR Fitzpatrick (30472) WEEKLY SESSION ...... ROANOKE CITY COUNCIL April 15, 1991 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Mrs. Bowles was absent; Mr. White left the meeting at 4:25 p.m. The invocation will be delivered by Dr. Darryl G. Crim, Pastor, North Roanoke Baptist Church. Present. The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor. BID OPENINGS Bids for backwash waste water dechlorination facilities at the Carvins Cove ~ater Filter Plant. Three bids were referred to a committee composed of Messrs. ~hite, Chairman, Kiser and Clark, for tabula- tion, report and recommendation to Council. PUBLIC HEARINGS Public hearing to receive the views of citizens with regard to candidates for the position of School Board Trustee. Candidates for the upcoming vaconcies are: Marilyn C. Curtis Garry A. Fleming M. Wendy O'Neil Velma B. Self dames M. Turner, Jr. Harry R. Yates, Jr. No action. CONSENT AGENDA (Approved 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE (1) C-1 C-2 C-3 C-4 C-b C-6 C-7 C-8 MOTION IN THE FORM LISTED BELOW. THERE ~ILL BE NO SEPARATE DIS- CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. A communication from Mr. E. H. Cassell, Jr., advising that aue to personal reasons, he would like to withdraw his name from the list of candidates being considered for the position of School Trustee. RECOMMENDED ACTION: Receive and file. A communication from Mr. Van W. Moody, III, Director of Real Estate Valuation, tendering his resignation, effective May 13, 1991. RECGM~AENDED ACTION: Receive and file the communication and accept the resignation with regret. A status report wi th regard to a request of Mr. David Henderson to install benches with advertising along Valley Metro bus routes. RECOMMENDED ACTION: Receive and file. A communication from Council Member David A. Bowers requesting that the name of the late Terry Plunk who lost his life in the Persian Gulf War, be properly engraved on the War Memorial prior to the 1991 Memorial Day Ceremony. RECO~ENDED ACTION: Concur in request. WI THDRAWN. Qualification of Ms. Mary C. Maier as a member of the Building Maintenance Division of the City's Board of Building Code Appeals, for a term ending November 10, 1995. RECOMMENDED ACTION: Receive and file. Qualification of Mr. Onzlee ~are as a member of the Mental Health Services Board of Directors, to fill the unexpired term of Ms. Hortense W. Ruddick, resigned, ending December 31, 1992. RECOMMENDED ACTION: Receive and file. Qualification of Mr. G. David Nixon as a member of the Fair Housing Hoard for a term of three years ending ~arch 31, 1994. RECOMMENDED ACTION: Receive and file. Qualification of Mr. J. Oarryl Burks as a Director of the Industrial Development Authority for a term ending October 20, 1994. RECOMMENDED ACTION: Receive and file. (2) REGULAR AGENDA Hearing of Citizens Upon Public Matters: Petitions and Communications: None. Reports of Officers: City Manager: Briefings: 1. Presentation of the 1991-92 fiscal year budget. action. Items Recommended for Action: A report with regard to a request of the Arts Council of the Blue Ridge to be designated as the appropriate agency for arts planning and information dissemination. Adopted Resolution No. 30472-41591. (6-0) A joint report of the City Manager and the Director of Finance with regard to the Voluntary Retirement Incentive Program. Adopted Ordinance No. 30473-41591. (6-0) A report with regard to the Falling Creek Filter Plant renovations schedule and the need to immediately proceed with Falling Creek Dam spillway modifications. Adopted Resolution No. 30474-41591. (6-0) A report concurring in a report of a bid committee with regard to rental of employee uniforms and purchase of hats. Adopted Ordinance No. 30475-41591 and Resolution No. 30476-41591. (6-0) b. City Attorney: A report with regard to maximum penalty for Class 1 misdemeanors, transmitting an ordinance which raises the maximum fine for violations from $1,000.00 to $2,500.00; and reenacts the section of the City Code dealing with DUI offenses. Adopted Ordinance No. 30477-41591. (6-0) Mr. White left the meeting. (3) 10. Reports of Co~ittees: A report of the Roanoke Regional Cable Television Committee with regard to renewal of the Cable television franchise. Mr. Howard E. Musser, Chairman. Adopted Ordinance No. 30478 on first reading and Ordinance No. 30479 on first reading. (5-0) Unfinished Business: None. Introduction and Consideration of Ordinances and Resolutions: Ordinance No. 30466, on second reading, permanently vacating, discontinuing and closing a certain ten foot alley located approximately 556.71 feet west of Third Street, S. W., and extending approximately 160 feet in a southerly direction from the southerly side of Luck Avenue. Adopted Ordinance No. 30466-41591. (5-0) Ordinance No. 30467, on second reading, rezoning a tract of land located at 4210 Southern Hills Drive, described as Lots i and 2, Block 4, Section 1, Southern Hills (formerly referred to as Lots I and 2, Section 4), and Lots 1, 2 and 3, Block 8, Section 2, Southern Hills, Official Tax Nos. 5480401, 5480402, 5470501 - 5470503, inclusive, from RS-3, Residential Single Family District, to RA, Residential Agricultural District, subject to certain conditions prof- fered by the petitioner· Adopted Ordinance No. 30467-41591. (5-0) Motions and Miscellaneous Business: Inquiries and/or comments by the Mayor and Members of City Council. Vacancies on various authorities, boards, commissions and comm itiees appointed by Council. Other Hearings of Citizens: Mr. Ren T. Heard, 1306 Salem Avenue, S. W., complained about disruptive activities taking place nightly in the area of Rorer Avenue and Salem Avenue, such as people congregating and disturbing the peace, gunfire, drugs and drinking, and he suggested that black police officers be assigned to patrol the neighborhood. The matter was referred to the City Manager for study, report and recommendation to Council. (4) NOTICE OF PUBLIC HEARING AND OF PUBLIC INTERVIEW FOR SCHOOL BOARD TRUSTEE BEFORE THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The Council of the City of Roanoke will hold a public hearing to receive the views of citizens regarding appointment of School Board Trustees at its regular meeting on Monday, April 15, 1991, at 2:00 p.m, or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W. Candidates for School Board Trustee positions are: E. Hil Cassell, Jr., Marilyn C. Curtis, Garry A. Fleming, M. Wendy O'Neil, Velma B. Self, James M. Turner, Jr., and Harry R. Yates, Jr. The Council will also hold a public interview of candidates for the position of School Board Trustee on Thursday, April 25, 1991, from 3:00 p.m., until 5:15 p.m., and from 7:30 p.m., until 9:00 p.m., in the Roanoke City Council Chamber, fourth floor of the Municipal Building. The public is invited to submit proposed questions to the candidates by filing such written questions in the City Clerk's Office, Room 456, Municipal Building, by 5:00 p.m., on Thursday, April 18, 1991. All questions will be asked by Members of City Council, and Council may ask such proposed questions filed with the City Clerk as the Council, in its discretion, deems advi- sable. The Council will elect School Board Trustees for three year terms of office commencing July 1, 1991, at its regular meeting on Monday, May 13, 1991, at 7:30 p.m., in the Roanoke City Council Chamber, fourth floor of the Municipal Building. Mary F. Parker City Clerk NOTE TO PUBLISHER: Please publish in full once in the Roanoke Times & World News, Morning and Evening Editions, on Thursday, April 4, 1991---BLOCK STYLE. Please send publisher's affidavit and bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 AD.PUBLIC1 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W, Room 456 Roanoke. Virginia 24011 Telephone: (703) 981-2541 April 17, 1991 SANDRA H, EAKIN Deputy C~ty Clerk File #467 Mr. E. ~. Cassell, Jr. 2413 Wycliffe Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Cassell: Your communication withdrawing your name from consideration for the position of School Trustee, was before the Council of the City of Roanoke at a regular meeting held on Monday, April 15, 1991. On motion, duly seconded received and filed. and adopted, your communication was Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP:ra MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W,Room 456 Roanoke, Virg~ma 24011 Telephone: (703) 981o2541 April 17, 1991 SANDRA H. EAKIN Deputy City Clerk File #162 Mr. Von W. Moody, III 3681Brymoor Road, S. W. Roanoke, Virginia 24018 Dear Mr. Moody: Your communication tendering your resignation as Director of Real Estate Valuation for the City of Roanoke, was before the Council of the City of Roanoke at a regular meeting held on Monday, April 15, 1991. On motion, duly seconded and adopted, the communication was received and filed and your resignation was accepted with regret. Sincerely, ~~ Mary F. Parker, CMC City Clerk MFP : ra MARY F. PARKER City Clerk CITY OF. ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W, Room 456 Roanoke, Virgm,a 24011 Telephone: (703) 981-2541 April 17, 1991 SANDRA H. EAKIN Deputy C~:y Clerk File #55-61 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your status report with regard to a request of Mr. David Henderson to install benches with advertising along Valley Metro bus routes, was before the Council of the City of Roanoke at a regular meeting held on Monday, April 15, 1991. On motion, duly seconded filed. and adopted, the report was Sincerely, P~k~ Mary F. Parker, CMC/AAE City Clerk received and MFP:ra pc: Mr. David L. Henderson, 5431 Cave Spring Lane, S. Roanoke, Virginia 24018 Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Stephen A. Mancuso, General Manager, Valley Metro Roanoke, Virginia April 15, 1991 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Installation of New Bus Stop Benches and Advertising thereon within the Public Right-of-Way - Mr. David Henderson I. Back,round: mo Request to install benches with advertising along Valley Metro bus routes and place advertisements thereon was received by City Council on January 28, 1991. Referral of the request was made to the City Manager, City Attorney and General Manager of Valley Metro. Co A meetinK was held on February 13, 1991 with Mr. Henderson and the staff. II. Current Situation: Certain primary desired locatinn~ were determined to be located outside the City of Roanoke. Many desirable locations may also be ruled out by prohibition of off-premises signs in certain zoning districts. Mr. Henderson aKreed to re-evaluate his request to see if he wishes to pursue the idea prior to the City staff developing criteria for Council's consideration of a likely request for bid package for franchise rights. This is a status report regarding the request. WPJ{:WCD:SAM:KBK:afm Respectfully submitted, . cc: Mr. David Henderson Office of the Council April 11, 1991 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I have been contacted by several of our citizens who have expressed an interest in seeing that the War Memorial at Lee Plaza be engraved prior to this Memorial Day with the name of Terry Plunk, the young man from Vinton who lost his life in the recent Persian Gulf War. I know that all the Members of Council are anxious to see that this memorial expression be made on behalf of this brave young soldier who gave his life in honor of his country. Accordingly, I would respectfully request that this letter be placed on the Consent Agenda for our regular meeting of Council on Monday, April 15, 1991, and thereafter that the City Manager be directed to take any necessary action to assure that the name of Mr. Plunk is properly engraved at the War Memorial prior to the ceremony scheduled for Memorial Day 1991. Thank you for your consideration. Sincerely yours, David A. Bowers Council Member DAB: ra DAB6 Room456 MunicipalBullding 215C~urchAvenue~S.W. Roanoke. V~rg~nia24011 (703)98'1-2541 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W, Room 456 Roanoke, Virgima 24011 Telephone: (703)981-2541 April 17, 1991 SANDRA H. EAKIN Deputy C~:y Clerk File #15-64 Mr. Grady P. Gregory, Chairman Building Maintenance Division of the City's Board of Building Code Appeals 1360 Maple Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Gregory: This is to advise you member of the Building of Building Code Appeals, for a term ending November 10, Sincerely, Mary F. Parker, CMC/AAE City Clerk that Ms. Mary C. Maier has qualified as a Maintenance Division of the City's Board 1995. MFP:ra pc: Mr. Ronald H. Administrator Miller, Building Cowlnissioner/Zoning MARY F. PARKER C~ty Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W, Room 456 Roanoke, Virglma 24011 Telept~one: (703)981-2541 April 17, 1991 SANDRA H. EAKIN Deputy Oty Clerk File #15-22 Mr. John M. Hudgins, Jr., Chairman Mental Health Services Board of Directors 301 Elm Avenue, S. W. Roanoke, Virginia 24016 Dear ~4r. Hudgins: This is to advise you that Mr. Onzlee Ware has qualified as a member of the Mental Health Services Board of Directors, to fill the unexpired term of Ms. Hortense W. Ruddick, resigned, ending December 31, 1992. Sincerely, ~d)~ Mary F. Parker, C~C/AAE City Clerk MFP:ra pc: Dr. Fred P. Roessel, Jr., Executive Director, Mental Health Services of Roanoke Valley, 301 Elm Avenue, S. W., Roanoke, Virginia 24016 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S W ,Room 456 - ~ Roanoke. Virg~ma 24011 Telel)hone: (703)981-2541 MARY F. PARKER SANDRA H. EAKIN City Clerk De[~u~y C~ty Clerk April 17, 1991 File #15-178 Ms. Dolores C. Daniels, Fair Housing Board Roanoke, Virginia Secretary Dear Ms. Daniels: This is to advise you that Mr. G. David Nixon has qualified as a member of the Fair Housing Board for a term of three years ending March 31, 1994. Sincerely, ~_~ Mary F. Parker, CMC/AAE City Clerk MFP : ra MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W,Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 April 17, 1991 SANDRA H. EAKIN Deputy CiTy Clerk File #15-207 Mr. W. Bolling lzard, Chairman Industrial Development Authority P. O. Box 2470 Roanoke, Virginia 24010 Dear ,'dr. Izard: This is to advise you that Mr. J. Darryl Burks has qualified as a Director of the Industrial Development Authority for a term ending October 20, 1994. Sincerely, ~Jary F. Parker, City Clerk CMC/AAE MFP:ra MARY F. PARKER CiTy Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chu ch '~ venue, S W, Room 456 Roaooke, Virg~nra 24011 Telephone: (703) 981-2541 April 17, 1991 SANDRA H. EAKIN De,Duty Ci:y C~erk File #311-230 Ms. Susan J. Cole Executive Director Arts Council of Roanoke One Market Square, S. W. Roanoke, Virginia 24011 Valley Dear Ms. Cole: I am enclosing copy of Resolution No. 30472-41591 recognizing the Arts Council of the Blue Ridge as the appropriate organization to advise Council on development of the arts in the City of Roanoke. Resolution No. 30472-41591 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, April 15, 1991. Sincerely, ~~ Mary F. Parker, C~IC/AAE City Clerk MFP:ra Enc. pc: Mr. Timothy L. Jamieson, Chairman, Roanoke Arts Commission, 6857 Sugar Rum Ridge Road, S. ~., Roanoke, Virginia 24018 Mr. W. Robert Herbert, City Manager IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th Day of April, 1991. No. 30472-41591. A RESOLUTION recognizing the Arts Council of the Blue Ridge as the appropriate organization to advise this Council on development of the arts in the City of Roanoke. WHEREAS, the Arts Council of the Blue Ridge (formerly known as the Arts Council of the Roanoke Valley) was formed as a nonprofit corporation in 1979; and WHEREAS, the purpose of to promote and advocate the the Arts Council of the Blue Ridge is arts, to develop arts audiences and educational programs and to provide services for artists and arts organizations in the City of Roanoke and in the Blue Ridge Region; and WHEREAS, the Arts Council of the Blue Ridge desires to stimu- late greater governmental and public awareness of the importance of the arts; and WHEREAS, the Arts Council of the Blue Ridge wants to support the City of Roanoke's own artists, institutions, organizations and audiences; and WHEREAS, the Arts Council of the Blue Ridge is a service agency, with the primary emphasis on existing local arts organiza- tions and artists; and WHEREAS, the Arts Council of the Blue Ridge is recognized by the Virginia Commission of the Arts, and the National Endowment of the Arts as the appropriate body to disseminate information to City organizations and artists. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Arts Council of the Blue Ridge shall be recog- nized as the appropriate organization to advise this Council on development of the arts in the City of Roanoke. ATTEST: City Clerk. April 10, 1991 The Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, Virginia Subject: Arts Council Dear Mayor Taylor and Members of City Council In response to discussion at the April 8, 1991, meeting of Roanoke City Council, included in the attached report is a letter dated March 25, 1991, from Timm Jamieson, Chairman of the Roanoke Arts Commission, in reference to the above subject. Mr. Jamieson's letter indicates that the Arts Council is the agency in the Roanoke Valley which directs activities within the arts community; therefore, they are the agency that should facil- itate a "Community Cultural Plan for the Valley." It is my belief that this now completes the record on this matter and I respectfully request Council's support for the pro- posed resolution. Respectfully submitted, W. Robert Herbert City Manager WRH:mp Attachment 215 Church Avenue, S. W. Roanoke, Virginia 24011 March 25, 1991 Mr. W. Robert Herbert City Manager Room 364, ~unicipal Building 215 Church Avenue, $. W. Roanoke, Virginia 24011 Dear Mr. Herbert: As Chairman of the Roanoke Arts Commission, I hereby support the Arts Council of the Blue Ridge's request to the City of Roanoke 'for designation as the appropriate organization to advise the City on development of the arts within the Blue Ridge region. The Arts Council is the agency in' the Roanoke Valley which directs activities within the arts community. They are the agency that should facilitate a "Community Cultural Plan" for the Valley. The master plan is vitally needed to provide a focus for the arts especially during this downswing in the economy. If further TLJ:jas pc: ~embers, information is required, please call ~ Roanoke City Council bpc: Ms. Susan J. Cole Roanoke, Virginia April 8, 1991 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Taylor and Members of City Council: Subject: Request of the Arts Council of the Blue Ridge to be Designated as the Appropriate Agency for Arts Planning and Information Dissemination The Arts Council of the Blue Ridge, represented by Ms. Susan J. Cole, Executive Director, has requested that Roanoke City Council pass a resolution designating the Arts Council of the Blue Ridge as the appropriate agency for arts planning and information dissemination in the City of Roanoke. This designation is required in order for the Arts Council to apply for a "planning grant" from the National Endowment for the Arts. If awarded, the Arts Council intends to develop the first cultural arts plan for the Roanoke Valley com- munity. Once the plan is completed, the Arts Council, as well as other cultural/arts agencies, will be eligible to apply for program funds from the National Endowment for the Arts; a new source of funds for these types of nonprofit agencies given the severe reduction in state funds that they are currently experiencing. The Arts Council's request has already been considered and approved by the City of Salem and the counties of Roanoke and Botetourt. Additionally, the Arts Council's request has been endorsed by all of the cultural/arts agencies housed in Center in the Square, the Roanoke Special Events Committee, the South- west Virginia Opera, the Virginia Museum of Transportation, the Roanoke Symphony Orchestra, and the Harrison Museum of African American Culture. Council's favorable consideration of this request will not require any City funds. Therefore, I recommend that Roanoke City Council give favorable con- sideration to the Arts Council's request. A resolution has been prepared by the City Attorney for Council's adoption if you concur with my recommendation. Respectfully submitted, W. Robert Herbert City Manager WRH:EBRJr:mp pc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Ms. Susan J. Cole, Executive Director, Arts Council of the Blue Ridge MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Averlue. $ W, Roorn 456 Roanoke, Virg~ma 24011 Telephone: (703)981-2541 April 17, 1991 SANDRA H. EAKIN Deputy C~ty Clerk File #184-429 Mr. W. Robert Herbert City Manager Roanoke, Virginia Mr. Joel M. Schlanger Secretary/Treasurer Board of Trustees, City of Roanoke Pension Plan Roanoke, Virginia Gentlemen: I am attaching copy of Ordinance No. 30473-41591 authorizing a Voluntary Retirement Incentive Program and establishing the terms and conditions of such Program. Ordinance No. 30473-41591 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 15, 1991. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk M~'P : ra Eric, pc: Mr. F. Wiley Hubbell, Chairman, Board of Trustees, City of Roanoke Pension Plan, 3712 Peakwood Drive, S. W., Roanoke, Virginia 24014 Mr. John W. Thompson, Buck Consultants, Xerox Centre, Suite 1700, 55 West Monroe Street, Chicago, Illinois 60603 Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Kenneth S. Cronin, Manager, Personnel Management IN THE COUNCIL OF THE CITY OF ROANOKE, The 15th Day of April, 1991. No. 30473-41591. VIRGINIA, AN ORDINANCE authorizing a Voluntary Retirement Incentive Pro- gram; establishing the terms and conditions of such Program; and providing for an emergency. WHEREAS, a survey has been conducted of City employees who are currently eligible to retire under the City of Roanoke Pension Plan ("Plan") as established by Chapter 22.1, Pensions and Retire- ment, Code of the City of Roanoke (1979), as amended; WHEREAS, such survey has determined that more than one hundred of such employees would desire to retire under a Voluntary Retire- ment Incentive Program (Program") or would consider retiring under such Program; WHEREAS, implementation of the Program established by this ordinance will facilitate the City's down-sizing effort, encourage possible reorganization and reduce future operating costs; and WHEREAS, City Council is desirous of implementing this Program for certain City employees who are eligible for normal service re- tirement under the Plan on July 1, 1991; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City of Roanoke Voluntary Retirement Incentive Pro- gram ("Program") shall be available to members of the Employees' Supplemental Retirement System '"ESRS") or the Employees' Retire- ment System ("ERS"), collectively referred to herein as the City of Roanoke Pension Plan ("Plan"), who on July 1, 1991, are eli- gible for normal service retirement under §22.1-44(a), Code of the City of Roanoke (1979), as amended ("City Code") (ESRS), or under §22.1-62(a) of the City Code (ERS). 2. Members of the Plan voluntarily electing to participate in the Program in accordance with this ordinance shall receive the following incentives: (a) A monthly sum equal to ten dollars ($10.00) for each year (rounded up to the next whole year) of creditable service in the Plan to be paid to a member through the month that he attains the age of sixty-five (65) years; and (b) An additional incentive at the option of the member as follows: (1) 1.5 months of additional creditable service for each year of creditable service (creditable service being rounded up to the next whole year) and added to actual credit- able service; or (2) calculation of average final compensation based on gross biweekly earnable com- pensation (defined by §22.1-2 of the City Code) as of July 1, 1991, annualized, rather than pursuant to §22.1-39 Code. The following (ESRS) or §22.1-55 3. limitations incentives authorized by Paragraph (ERS) of the City shall 2 of this apply with respect to the ordinance: e (a) The monthly sum provided pursuant to subsection (a) of Paragraph 2 shall be paid to a member only and shall terminate in the calendar month following the calendar month in which the member attains the age of sixty-five (65) years or the calendar month of the member's death, whichever occurs first; (b) Any spousal or beneficiary allowance authorized under the Plan shall be calculated without regard to the monthly sum paid pursuant to Paragraph 2(a); (c) Any cost of living adjustment provided in the future for retired members of the Plan shall be based upon monthly pension benefit only without regard to any monthly sum paid pursuant to subsec- tion (a) of Paragraph 2; (d) Additional creditable service added to a member's creditable service account by operation of subsec- tion (b)(1) of Paragraph 2 shall not be used to qualify a member for participation in this Program. (e) Notwithstanding §22.1-11(b) of the City Code, any member retiring under this Program who is reemployed by the City shall, upon his second or successive retirement, have his pension calculated without regard to the incentives authorized by Paragraph 2. The Program shall have no application to: (a) members of City Council; (b) officers elected by City Council pursuant to §8 of the City Charter; (c) employees of the City of Roanoke School Board; (d) employees of the Health Department; (e) employees of the court service unit serving the Juvenile and Domestic Relations District Court; (f) officers and employees of the General District Court and the Juvenile and Domestic Relations District Court; and (g) employees of the Roanoke Regional Airport Commission ("RRAC") and the Roanoke Valley Regional Solid Waste Management Board ("RVRSWMB"); provided, however, any such employee of RRAC or RVRSWMB shall be eligible to participate in this Program with the approval of his governing body and entry into an agreement between his governing body and the Plan by which such governing body agrees to assume the additional costs to the Plan incurred by virtue of operation of Para- graph 2(a). 5. Any member eligible to participate in the Program authorized by this ordinance shall file written application therefor upon form prescribed by the Secretary-Treasurer of the Plan. Such application shall be filed with the Office of the Secretary-Treasurer on or after April 22, 1991, and not later than the close of business on June 21, 1991. Any member filing an application for participation in this Program shall have the absolute right to withdraw such application for seven (7) calendar days after the date of its filing, after which time all applications shall be deemed final and irrevocable. 6. Retirement under this Program shall be effective July 2, 1991; provided, however, under this Program shall on or after July 2, 1991, constitutional officers electing to retire be permitted in their discretion to retire and not later than August 31, 1991, and, provided further, the City Manager shall be authorized to designate certain job classifications within the City service as critical to the public health, welfare and safety, and any member holding such classification may be required to delay the effective date of his retirement to a date not later than December 31, 1991. 7. Pension benefits for all members retiring under this Program shall be calculated as of July 1, 1991, regardless of actual date of commencement of retirement. 8. Provisions of the Plan as set forth in the City Code, including definitions, shall apply to this Program, except to the extent of any inconsistency between this ordinance and provisions of the Plan, in which case this ordinance shall prevail. 9. The Program established by this ordinance shall be entirely voluntary, and no member shall be compelled or coerced to retire pur- suant to this Program. 10. Any word in this ordinance importing the masculine gender only may extend and be applied to females as well as males. 11. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordi- nance shall be in full force and effect upon its adoption. ATTEST: City Clerk. April 15, 1991 FROM: SUBJECT: Honorable Mayor and Members of City Council W. Robert Herbert, City Manager Joel M. Schlanger, Director of Finance Voluntary Retirement Incentive Program This report and recommendation is being offered as part of a total budget package to adjust for significant reductions in State revenues and a temporary slowdown in the local economy. State revenues represent 1/3 of our General Fund Revenues and are projected to decrease by 5% for Fiscal Year 1991-92. In order to minimize the impact of service reductions to our citizens and the hardships on our current employees, a Voluntary Retirement Incentive Program has been developed for City Council's consideration. This down-sizing of the City's work cost and contribute to possible program will facilitate the force, reduce future operating reorganization for the delivery of City hiring freeze, vital to the Roanoke. This services. Ail vacancies created will be subject to a unless the City Manager considers the position delivery of essential services to the City of type of program was private sector. Voluntary Retirement into the public sector about ten years used in Virginia. introduced in the mid-1970's by the Incentive programs spread ago and have been widely ~Ionorable Mayor and Members of City Council April 15, 1991 Page 2 We believe that the recommended program is based on sound financial and administrative assumptions. The recommended program is being offered only to employees currently eligible for normal service retirement - possibly giving these long-term dedicated employees the ability to retire. This is positive for our employees, as at an earlier age Promotional employees it gives them the financial incentive to retire than had been previously planned. opportunities may be available for remaining for certain positions deemed essential. Background On March 7, 1991 the Department of Finance's Pension staff conducted a survey of eligible employees to determine interest in a Voluntary Retirement Incentive Program. This program was directed to employees in the City of Roanoke Pension Plan who currently are, or would be, eligible for normal service retirement as of July 1, 1991. A copy of the letter and its supporting documentation are attached for your information. The survey was mailed to 123 employees who qualify for this program per our retirement records. The results of this non-binding survey are as follows: 55 employees stated they would accept the program, if offered. 49 employees stated they would consider the program, if offered. 19 employees stated they would not accept the program, if offered. Honorable Mayor and Members of City Council April 15, 1991 Page 3 What is the Voluntary Retirement Incentive Program? This is a voluntary one-time retirement benefit program open to those employees who currently are or will be eligible for normal service retirement as of July 1, 1991. Eligible employees who choose to retire within a two-month "window of opportunity" (from April 22, 1991 through June 21, 1991) will receive one-time incentives. These dates will be strictly adhered to. What Benefits are Offered? Eligible employees who choose to retire can have their benefit calculated on their current salary (as opposed to a three-year average for ESRS or highest 12 consecutive months for ERS) or employees could choose to receive a credit of more years of service based on 1.5 months of additional service for each year of actual service (rounded up to the next full year) and added to actual creditable service. Who is Eligible? Employees who are eligible as of July 1, 1991 for normal service retirement in either the Employees' Retirement System (ERS - old system) or the Employees' Supplemental Retirement System (ESRS - new system) may apply for the program with some exceptions to be explained later in this report. Honorable Mayor and Members of City Council April 15, 1991 Page 4 ERS To be eligible for normal service retirement in the ERS, member must have thirty (30) years of service at any age or be years old with any length of service: a ESRS An employee who is in the ESRS must be: · Age 55 with at least 30 years service. · Age 65 with at least 5 years service. Firefighter or deputized Police Officer: · Age 50 with 25 years service. · Age 65 with 5 years service. Who is NOT Eligible? The following Pension Plan members are not eligible: · Any employee not eligible for normal service retirement as of July 1, 1991. · Members of City Council. · Council Appointed Officers. · All State employees. · Roanoke City School Board employees. Why is the City Offering this Incentive? This recommendation will facilitate effort and reduce future operating costs. the City's down-sizing Employees who elect to retire will leave additional vacancies that may contribute to Honorable Mayor and Members of City Council April 15, 1991 Page 5 possible reorganizational plans. Vacancies will be subject to a hiring freeze unless considered vital to the delivery of essential services to the citizens of the City of Roanoke. Will an Employee be Forced to Retire if They Do Not Want To? ABSOLUTELY NOT! No one will be pressured to retire. This is strictly a voluntary program for those employees who find it in their best interest to retire at this time. Why is the Program a Good Opportunity? If an employee chooses to retire, they will receive a larger retirement benefit because of the calculation of their average final compensation or their additional years of service added to actual years served. They will also receive $10 a month for each year of service actually served to help defray the cost of medical insurance or any other expenses up to age 65. Can an Employee become Eligible by Gaining Credit for Extra Years of Service? No. The employee must meet the eligibility requirements for normal service retirement as of July 1, 1991 as defined by the Roanoke City Code (1979), as amended. When must an Employee Retire or can He/She Choose their own Date? The actual retirement date for employees who choose to retire under this program will be after the close of business on Honorable Mayor and Members of City Council April 15, 1991 Page 6 July 2, 1991. Employees who voluntarily elect to retire may be requested in writing by the City Manager to delay receipt of their pension allowances. These employees will continue employment at regular salary, but no later than December 31, 1991. This request would be only for those positions deemed necessary for the delivery of essential services. How will this Voluntary Retirement affect the Employee's Current City Health Plan (if they have it)? The City's health care provider must continue coverage under the federal COBRA plan for up to 18 months after employees leave the City at the employee's expense. This also applies to dependents. All employees who want information on health insurance coverage must contact the Personnel Department. If an Employee Chooses to Retire, Can He/She Change their Mind? All employees who choose to retire can revoke/withdraw their application within seven (7) calendar days of the date they executed their voluntary retirement application. Cost of the Program The long-term cost of the program was vital in determining the recommendation to City Council. One of the essential elements of our program was offering the program only to those employees currently eligible for normal service retirement. Honorable Mayor and Members of City Council April 15, 1991 Page 7 Current eligibility for normal service retirement is very important since each employee this program is being offered to, could retire today if they desired. City Council has always actuarially funded the Pension Plan per the recommendation of Buck Consultants. Therefore, each person who choses to take the program has already had their normal service retirement benefits funded. The only part of the program that would not be "fully funded" would be the additional months of service to be granted or the retirement allowance being based on a slightly higher salary base. After the survey was completed, we made a special inquiry of Buck Consultants regarding this portion of the program and this is the results of their analysis. · Of the 55 members eligible for Normal Service Retirement who have indicated they would accept the program if offered: The impact of the retirement incentive program would add $1,354,500 to the unfunded accrued liability. Amortizing this over a period of twenty years from July 1, 1991 would add .29% to the annual contribution rate (currently 12.39%) or an annual amount of $132,900. · Of the 49 members eligible for Normal Service Retirement who have indicated they "would consider" the program if offered: Honorable Mayor and Members of City Council April 15, 1991 Page 8 The impact of the retirement $1,315,600 to the unfunded accrued over a period of twenty years from July 1, additional .28% to the annual contribution amount of $129,000. We are assuming that incentive program would add liability. Amortizing this 1991 would add an rate or an annual 45% of the "would consider" group would actually take advantage of this program, thus the additional unfunded accrued liability is estimated to be $592,020 and the additional contribution rate would be .12% for an annual amount of $58,050. Other valuable information provided is as follows: General Fire & Items Employees Police Total (1) Members who would accept program if offered: Number Annualized compensation Avg. annualized ccm~pensation Average age Average service 37 18 55 $1,072,058 $ 618,146 $1,690,204 28,975 34,341 30,731 61.1 years 55.8 years 59.4 years 30.7 years 31.7 years 31.0 years (2) Members who would consider program if offered: Number 25 Annualized compensation $ 684,051 Avg. annualized c~mpensation 27,362 Average age 60.7 years Average service 27.2 years 24 49 $ 802,006 $1,486,057 33,417 30,328 54.5 years 57.7 years 29.4 years 28.3 years Honorable Mayor and Members of City Council April 15, 1991 Page 9 Items (3) Total members who would either accept or consider program if offered: Number Annualized compensation Avg. annualized compensation Average age Average service General Fire & Employees Police Total 62 42 104 $1,756,109 $1,420,152 $3,176,261 28,324 33,813 30,541 60.9 years 55.1 years 58.6 years 29.3 years 30.4 years 29.7 years The other portion of the program that will be an additional cost is the provision for the supplement. From the survey results those employees who stated they "would accept" the program, if offered, totaled 55. The cost for the first year would total $162,770. As you are aware, as each month passes, and individuals become 65 years old, the supplement ends, thus the actual yearly cost will diminish each year with the first year being the highest. The total cost for this group of employees to age 65 would be $1,165,600. Forty-nine {49) employees stated they "would program. If all of these employees accepted the consider" the program, the actual cost would be $153,600 per year and an additional $1,279,150 over their eligibility period to age 65. Amortizing the actual cost each year for those employees who in the survey stated they "would accept" would add an additional .25% to the current actuarial rate of 12.39% if all of those Honorable Mayor and Members of City Council April 15, 1991 Page 10 employees who stated they "would consider" accepted the plan would add another .27%. This equates to $115,563 additional funding the first year for the "would accept" group and $125,474 for the "would consider" group. We are therefore looking at a total cost of the program of $115,563 for the "would accept" of the "would consider" group additional $56,463. group and if one assumes that 45% decides to take the program an Savin~s to be Realized A very thorough analysis was completed by the Personnel Department. The analysis consisted of taking each individual position in both categories and using as a premise that each position could be filled from within the current City work force. This is the most conservative way to estimate savings. The City Manager has already stated vacant upon retirement would currently frozen positions. positions would be filled on virtually impossible. errors in assumptions, amount estimated. that each be evaluated exactly The analysis assumes July 2, 1991. This In addition, to adjust for any possible certain percentages were used of the total position as it becomes like the that all would be Honorable Mayor and Members of City Council April 15, 1991 Page 11 "Would Accept" Group - Savings 1st Replacement - $234,000 x 95% = 2nd Replacement - 112,994 x 85% = 3rd Replacement - 73,596 x 80% = 4th Replacement - 17,410 x 75% = "Would Consider" Group (Assumption - 45% will accept) 1st Replacement - $228,353 x 45% x 95% = 2nd Replacement - 136,109 x 45% x 85% = 3rd Replacement - 102,485 x 45% x 80% = 4th Replacement - 38,086 X 45% x 75% = Total Estimated Annual Savings Based on Certain Assumptions Total Estimated Annual Savings Based on Freezing of Certain Vacant Positions and/or Possible Reorganizations. $222,300 96,045 58,877 13,058 $390,280 $ 97,621 52,062 36,895 12,854 $199,432 $589,712 $ 50,000 Recap: Total Estimated Personnel Annual Savings Less Estimated Annual Costs: · Estimated for Additional Incentive Benefit · Supplemental payment Total Estimated Annual Savings $639,712 (190,950) (172~026) $276,736 The program, should City Council accept our recommendation, will be carefully monitored and exact savings/costs will be provided to City Council at the end of Fiscal Year 1992. Honorable Mayor and Members of City Council April 15, 1991 Page 12 We recommend this program to you. W. Robert Herbert City Manager WRH/JMS:s Attachment cc: Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger SecreCy-Treasurer CITY OF ROANOKE "'~rls B. Peter. rentent Admlnlatrator March 7, 1991 LAN Dear Employee: The City of Roanoke is considerin~ the option of offering a voluntary one-time retirement incentive to all members eligible for normal service retirement as of June 30, 1991 that are currently working for the City of Roanoke. Based upon the current records of the City Pension Plan, you would be eligible to participate in this program if adopted by City Council. A form is attached for your use in advising the Pension Plan of your interest in the Voluntary Retirement Incentive Program under consideration. Please check the appropriate box indicating whether you will accept, not accept, or you will consider this option, if offered. Please make sure your name and department are on the form and return it to the Department of Finance no later than March 15, 1991. -- To assist you in' making this important personal decision with the best possible information, the City will offer an educational program on Tuesday, March 12, at 9:00 a.m. for all general employees, 1:00 p.m. for all police officers and firefi~hters, and an evenin~ session for all employees at 6:30 p.m. All meetings will be held in the City Council Chambers, 4th floor, Municipal Building. Please feel free to bring your spouse to any of the above listed meetings. Representatives of the City's Retirement Office will be present to outline the program and to answer your questions. Attached to this letter are the one-time incentives available through this program, if offered. We have also enclosed a worksheet showing what you would receive if you took normal service retirement as of July 1, 1991 compared to what your monthly pension allowance might be if the one-time voluntary incentives are offered. Please review this document and come prepared to ask questions at the educational program. After the educational program should you require further assistance, you will be asked to make appointments with the retirement staff and we will assist you on a one-to-one basis. 215 Church Avenue, Room 461, P.O. Drawer 1220 Roanoke, Virginia 24006 · (703) 981-2038 Fax: (703) 981-2940 Employee March 7, 1991 Page 2 If the Voluntary Retirement Incentive Program is offered, the proposed period for actual application will be April 1, 1991 to May 31, 1991 with an actual retirement date on July 1, 1991. The plan, under consideration, is entirely voluntary, and should the plan be offered, you are encouraged to consult with attorneys, accountants, financial advisors and other qualified persons in making this important decision. Sincerely, Joel M. Schlanger Director of Finance JM$:s Attachments Retirement Incentive Options The City of Roanoke is considerin9 the option of offering one-time incentives for employees already eligible for normal service retirement. The incentives are as follows: the amount compensation of June 30, The member's election of either Number 1 or 2: 1. The monthly retirement allowance shall be based upon of the member's effective annualized regular (excluding overtime and temporary assignment) as 1991. (This would be defined as average final compensation for this Voluntary Incentive Retirement Program.) This would provide you the option of using your current salary instead of the average of the past three (3) years if you are in ESRS or your highest twelve (12) months of consecutive salary if you are in ERS. OR 2. Average final compensation based on existing definition from the applicable system (ERS or ESRS) with additional service credit added by multiplying the factor of 1.5 months times the number of years of actual creditable service rounded up to the next year and added to actual creditable service. Ex~.~les: 10 years = 15 months 15 years = 22.5 months 20 years = 30 months 25 years = 37.5 months 30 years = 45 months 35 years = 52.5 months 40 years = 60 months 45 years = 67.5 months 48 years = 72 months An employee ~t use the additional incentive credit to qualify for normal service retirement. One must be eligible prior to receiving incentive credits. The 60% maximum benefit will still apply in the ESRS (New System). B. Additional monthly supplement to be based on actual creditable service (for retired employee only) to age 6--5. This allowance is provided to help defray the cost of MEDICAL INSURANCE. This suDDlement shall NOT increase should any cost of living raise (COLA) be granted between the time the member retires and the time the member attains age 65. Ten dollars ($10.00) service rounded up to the years provided above in A.2. calculation.) Examples: 5 years of service 10 years of service 20 years of 25 years of 30 years of service service service Note: for each year of actual creditable next whole year (additional service (if elected) will not be used in this - $ 50 per month 100 per month 200 per month 250 per month 300 per month 35 years of service - 350 per month 40 years of service - 400 per month The City's health care provider will continue coverage at the employee's expense under the federal COBRA plan for up to 18 months after the employee leaves the City. Additional Information · THIS PROGRAM WILL BE ENTIRELY VOLUNTARY. After exact sign-up dates are selected, they will be strictly adhered to. Employees in critical positions may be required the City Administration on a specific departure date no interruption of essential City services - not December 31, 1991. to work with to ensure to exceed Doris Peters and Joyce Van Houten will be available to provide all eligible employees information to help determine what is best for them in order for each employee to make their decision, as well as verify information used in determining eligibility, etc. If the program is offered and you officially sign up, you will be given seven (7) days to revoke the application should you change your mind. 3 VOLUNTARY RETIREMENT INCE~TIVE PROGRAM Please return this sheet to the Office of the Director of Finance no later than March 15, 1991. This form is being used strictly for survey purposes only to determine the level of interest there would be in a Retirement Incentive Program. You will NOT be held to any decision that you indicate below. I have considered the description of the program under consideration, and, if this program is offered, my preliminary decision would be: Accept. Not Accept Would Consider Name Printed Department Date MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $ W, Room 456 Roanoke, Virg~ma 24011 Telephone: (703) 981-2541 April 17, 1991 SANDRA H. EAKIN Deputy Ct~y Clerk File #468B-405 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution lgo. 30474-41591 authorizing execution of an amendment to the existing contract with Hayes, Seay, Mattern and .~4attern for inspection services to provide for moaifications of the Falling Creek Dam Spillway, in an amount not to exceed $42,810. 00, upon certain terms and conditions. Resolution No. 30474-41591 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 15, 1991. Sincerely, ~.~ Mary F. Parker, CMC/AAE City Clerk President, Hayes, Roanoke, Virginia MFP:ra Enc. pc: Mr. John P. Bradshaw, Jr., Executive Vice Seay, Mattern and Mattern, P. O. Box 13446, 24034 Mr. Kit B. Kiser, Director of Utilities and Operations Mr. M. Craig Sluss, Manager, Water Department IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, /he 15th Day of April, 1991. No. 30474-41591. A RESOLUTION authorizing the execution of an amendment to the existing contract with Hayes, Seay, Mattern and Mattern to provide for modifications to the Falling Creek Dam Spillway, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute an amendment to the City's existing contract with Hayes, Seay, Mattern and Mattern for inspection services to provide for modifications of the Falling Creek Dam Spillway, which contract shall be in form approved by the City Attorney and to be in an amount not to exceed $42,810.O0, it having been determined that an emergency requiring immediate action exists because the need for water is immediate and critical, as more particu- larly set forth in the report to this Council dated April 15, 1991. ATTEST: City Clerk. Roanoke, Virginia April 15, 1991 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Falling Creek Filter Plant Renovations Schedule and Need to In~nediately Proceed with Falling Creek Dam Spillway Modifications I. Background: Falling Creek Filter Plant renovations were approved by Council on June 25, 1990. Filter Plant was shut down and the site turned over to the contractor September 1, 1990 with construction time limit to expire on August 13, 1991. Federal Dam Safety Act requires inspections and reinspection of the City's three dams. Co Dam reinspection contract was authorized with Hayes, Seay, Mattern & Mattern (RSMM) by Council on February 22, 1988. Modifications of Falling Creek Dam spillway are required, per the attached letter dated February 14, 1991, to be able to safely pass 10% of the Probable Maximum Flood (PMF). Current spillway has the dimensions of approximately 20 feet in width by 6 feet high. New dimensions will be approximately 48 feet in width by 6 feet high. Bo Falling Creek Dam has been drained and is out of service due to the renovation work authorized at the treatment plant and intake structure. Estimated cost to design the spillway modifications and obtain the necessary permit is $42,810 in accordance with the attached letter dated April 8, 1991 from HSMM. This fee is being negotiated. G. Treated water is urgently needed from this water source. Ho Negotiations are underway to reach a bonus to be paid for each day the contractor finishes the Falling Creek Filter Plant Renovations earlier than the contract time limit. The results of these negotiations are proposed to be reported to Council in the form of a recommended change order to the construction contract. Page Town of ¥inton has offered to sell water, up to 2 million gallons per day, to the extent it is available at the same cost the City charges for water. II. Current Situation: An emergency requiring i~ediate action exists because the need for water is immediate and critical to minimize the possibility of citizens being out of water for short periods of time this summer. B. Plan of action being considered is as follows: Notify HSMM to immediately proceed on an emergency procurement basis with the spillway modifications. Complete negotiations with HSMM and recomend an amendment to the 1988 contract. Provide spillway modification plans to the current site contractor and ask for a quote potentially to be recommended to Council as a change order. Complete early completion bonus negotiations with the contractor and recomend the appropriate contract change order on an emergency procurement basis to Council. Submit a report of recommendation to Council requesting authority and funding to purchase water on an emergency basis from the Town of Vinton. III. Recon=aendation: Council concur in the above plan of action. Respectfully submitted, W. Robert Herbert City Manager WRH:KBK:afm Attachments cc: City Attorney Director of Finance February 14, 1991 I 391 Mr. L. Bane Coburn Office of the Roanoke City Engineer Room 350, Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 RE: Falling Creek Reservoir Dam Dear Mr. Coburn: The Dam Safety Staff has completed it's review of the Hydrologic and Dam-break Analysis for Falling Creek Dam. The conclusions of the report calling for the reduction of the 1/2 PMF spillway capacity requirement to 10 percent PMF is acceptable based upon the data provided by Hayes, Seay, Mattern & Mattern. A recommendation for reducing the spillway capacity requirement and converting the Operation & Maintenance Certificate to "Regular" status will be made at the next scheduled Virginia Soil and Water Conservation Board meeting providing that the City of Roanoke submits the following revisions to the original certificate application: 1. An updated Emergency Action Plan reflecting the results of the Hydrologic and Dam-break Analysis for the Falling Creek Dam. The use of the EAP's trigger points should provide ample warning for all downstream hazards utilizing the results of the report's flood routings. An inundation map'based on the flood routing results should be developed for assistance in downstream warning. 2. An Emergency Action Plan containing a description of the City's plan to assist in warning and evacuation of downstream residents/structures. A special provision will be necessary to insure structure #11 (Spur Hunt CLub Facility) is vacated during a high flood event. 3. A summary addendum for the existing Operation & Maintenance Plan stating that the remedial measures outlined in the Maintenance Plan have been addressed according to schedule. The Virginia Soil & Water Conservation Board will be meeting March 21 and again in mid-May. If the Board approves the request for the change in spillway requirement and certificate status, the approval will modify the existing certificate, issued December, 1988. The certificate expiration date will not be affected, keeping the inspection schedule intact. A new Operation & Maintenance Certificate application will again be due December, 1991. With regard to the spillway bridge upgrade, please be aware that an Alteration Permit must be granted before any alteration is made to the spillway. I am enclosing an Alteration Permit Application for use in the upcoming ~pil!~ay/bridge project. The Dam Safety Staff highly recommends that the city maximize spillway capacity during the bridge upgrade. Although the capacity requirement may be reduced to 10 percent PMF, it would be in the City's best interest to provide as much additional capacity as feasible. Also, an upgrade to the spillway outlet channel during this project is highly recommended to avoid further deterioration requiring future correction. It is also important to point out that the conclusions of the Hydrologic and Dam-break Report are based upon present existing conditions. Future development may alter the findings of the HSMM report and warrant an upgrade in spillway requirement. Please contact me if the City has additional questions concerning this matter. I can be reached at (804) 786-1334. Sincerely, Gregory B. Secrist Dam Safety Staff Engineer cc: Mr. John P. Bradshaw, HSMM I315 Franklin Ro~d P.O Box 13446 Roanoke, Virginia 24034 {703) 857-3100 FAX (703) 857-3180 Hayes, Seay, Mattern & Mattern, Inc. ARCHITECTS · ENGINEERS · PLANNERS 8 April 1991 Roanoke. VA Rockville, MD Virginia Beach, VA Greensboro. NC Mobile, AL Spartanburg. $C Florence, SC Charlotte. NC Lvnchburg, VA Mr. L. Bane Coburn Office of the City Engineer Room 350, Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Re: Engineering Services for Dam Safety Compliance and Spillway and Bridge Alterations at Falling Creek Dam A&E Proposal No. 9621 Dear Mr. Coburn: In accordance with your request, enclosed is our proposal to per- form engineering services to comply with Virginia Dam Safety requirements, replace the former spillway and bridge, and modify the spillway channel, in accordance with the attached Basis of Proposal. - In order to optimize the effort to attain timely review and ap- proval by Virginia Dam Safety authorities, and to coordinate this project with the current Falling Creek Water Plant construction, we propose to accomplish the work in four distinct phases as detailed in the attached Scope of Work, for the lump sums indi- cated as follows: Phase A: Comply with final dam safety require- ments for a "regular" status Operation and Maintenance Permit (the follow- up on current permitting). $ 4,380. Phase B: Design the configuration of the spill- way channel and submit dam safety application for a permit to alter an impounding structure. $14,610. Phase C: Phase D: Prepare contract documents for spill- way, bridge and spillway channel modifications in accordance with approved o~plication. Provide construction administration and post-construction dam safety report as required by Virginia Dam Safety Regulation. $14,330. $ 9,490. Mr. L. Bane Coburn Page Two 8 April 1991 It is our intention to start the work immediately, and to make every effort to complete PhaseA in time for action by the Virginia Soil and Water Conservation Board at their next meeting; Phase B in time for the Board's mid-May meeting; and Phase C in time for a mid-May advertisement. Our proposal for Phase D anticipates a June, July, August construction period, with completion of our work within 45 days of completion of construction. Much of this effort should be able to be incorporated into the regular three year interval reinspection submittal which will be required to be made in December of 1991. The actual effort from that submittal has not been initiated herein. Very truly yours, HAYES, SEAY. M6~l~TERN AND MATT~RN, INC. ~'John P. Bradshaw, Jr~ Executive Vice President JPB/cgn Enclosure: as Noted Ha,yea, Sea'y, Matrem 8' Mattem, Inc. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $ W, Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 MARY F, PARKER SANDRA H. EAKIN CityClerk Apri l 1 7, 1991 DeputyC~zyCierk File #184-183 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30476-41591 accepting the bid of Aratex Services, Inc., for rental of employee uniforms for designated City employees, at a cost of $4.15 per employee per week for a period of one year, with an option to renew at the same cost for two additional one year periods; and also accepting the bid of Collegiate Pacific, Inc., for supplying 1,500 baseball style hats, in the total amount ~f $5,625.00. Resolution No. 30476-41591 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 15, 1991. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP : re Enc o pc: Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. D. Darwin Roupe, Manager, General Services and MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $ W,Room 456 Roanoke, Virgm~a 2401 ~ Telephone; (703)981-2541 April 17, 1991 SANDRA H. EAKIN Deputy Ciz¥ C~erk File #184-183 Mr. Jim Honaker District Manager Aratex Services, Inc. 905 South Pollard Street Vinton, Virginia 24179 Dear Mr. Honaker: I am enclosing copy of Resolution No. 30476-41591 accepting the bid of Aratex Services, Inc., for rental of employee uniforms for designated City employees, at a cost of $4.15 per employee per week for a period of one year. with an option to renew at the same cost for two additional one year periods. Resolution No. 30476-41591 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 15, 1991. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. MARY E. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W, Room 456 Roanoke, Vlrgima 24011 Telephone: (703) 981-2541 April 17, 1991 SANDRA H. EAKIN Deputy CF(y Clerk File #184-183 Ms. Kathleen McGovern Collegiate Pacific, Inc. 1302 Rockland Avenue, N. Roanoke, Virginia 24012 Dear Ms. McGovern: I am enclosing copy of Resolution No. 30476-41591 accepting the bid of Collegiate Pacific, Inc., to supply 1,500 baseball style hats, in the total amount of $5,625.00, for designated City employees. Resolution No. 30476-41591 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 15, 1991. Sincerely, ~4ary F. Parker, CMC/AAE City Clerk ~4FP : ra Enc. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W ,Room 456 Roanoke. Virginia 24011 Telephone: (703)981-2541 April 17, 1991 SANDRA H. EAKIN Deputy City Clerk File #184-183 Mr. David W. Robertson Robertson Marketing Group 1301 Southside Drive Salem, Virginia 24153 Dear Mr. Robertson: I am enclosing copy of Resolution No. 30476-41591 accepting the bid of Collegiate Pacific, Inc., to supply 1,500 baseball style hats, in the total amount of $5,625.00, for designated City employees. Resolution No. 30476-41591 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, April 15, 1991. On behalf of the ~ayor and Members of City Council, I would like to express appreciation for submitting your bid on baseball hats. Sincerely,_. Ma ry F. Parker, C?JC/AAE City Clerk MFP:ra Enc. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK April 17, 1991 SANORA H. EAKIN Deputy CiTy Clerk File #184-183 J. Berma 405 West Roanoke, Sales Company Campbell Avenue Virginia 24016 Ladies and Gentlemen: I am enclosing copy of Resolution No. 30476-41591 accepting the bid of Collegiate Pacific, Inc., to supply 1,500 baseball style hats, in the total amount of $5,625.00, for designated City employees. Resolution No. 30476-41591 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 15, 1991. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on baseball hats. Sincerely, P~t~,,~ Marya"'" 'r. er, CMC/ City Clerk MFP:ra Enc. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215ChurchAvenue, S W,Room456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 April 17, 1991 SANDRA H. EAKIN Deputy City Clerk File #184-183 Mr. Barry K. Brewer Brewer Specialty Corporation P. O. Box 699 Salem, Virginia 24153 Dear _~4r . .Brewer: I am enclosing copy of Resolution No. 30476-41591 accepting the bid of Collegiate Pacific, Inc., to supply 1,500 baseball style hats, in the total amount of $5,625.00, for designated City employees. Resolution No. 30476-41591 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 15, I991. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on baseball hats. Sincerely, P~i/C~..,.,._ Mary F. Parker, CMC/AAE City Clerk MFP : ra Enc. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W. Room 456 Roanoke, Virg~ma 24011 Telephone: (703) 981-2541 April 17, 1991 SANDRA H. EAKIN Deputy Ctty Clerk File #184-183 Mr. Randy Owen Executive Sales Consultant Servitex, Inc. 1606 Lynchburg Turnpike Salem, Virginia 24153 Dear Mr. Owen: I am enclosing copy of Resolution No. 30476-41591 accepting the bid of Aratex Services, Inc., for rental of employee uniforms for designated City employees, at a cost of $4.15 per employee per week for a period of one year, with an option to renew at the Same cost for two additional one year periods. Resolution No. 30476-41591 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 15, 1991. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on employee uni- fO tm8. MFP:ra Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk Enc. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W ,Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 April 17, 1991 SANDRA H. EAKIN Deputy C~ty Clerk File #184-183 Mr. Allan L. Watley Manager of Industrial Services National Uniform Service P. 0. Box 13425 Roanoke, Virginia 24033 Dear Mr. Wa tley: I am enclosing copy of Resolution No. 30476-41591 accepting the bid of Aratex Services, Inc., for rental of employee uniforms for designated City employees, at a cost of $4.15 per employee per week for a period of one year, with an option to renew at the same cost for two additional one year periods. Resolution No. 30476-41591 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 15, 1991. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on employee uni- forms. Sincerely, ~1~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, The 15th Day of April, 1991. No. 30476-41591. VIRGINIA, A RESOLUTION accepting certain bids made to the City for pro- viding employee uniforms and hats for designated City employees, and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Aratex Services, Inc., made to the City for the rental of employee uniforms for designated City employees at a cost of $4.15 per employee per week for a period of one year, with an option to renew at the same cost for two (2) additional one (1) year periods, such bid being in full compliance with the City's specifications made therefor, and as provided with the request for quotations offered such bidder, which bid is on file in the Office of General Services, be and hereby is 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 suc- cessful 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 service to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. The bid of Collegiate Pacific, Inc., offering to supply 1,500 baseball style hats meeting all of the City's specifica- tions and requirements therefor, for the total bid price of $5,625.00, which bid is on file in the Office of General Services, be and hereby is ACCEPTED. 4. The City's Manager of General Services is hereb~ authorized and directed to issue the requisite purchase order therefor, incorporating into said order the City's specifica- tions, the terms of said bidder's proposal and the terms and pro- visions of this resolution. 5. Any and all other bids made to the City for the afore- said procurement are hereby REJECTED, and the City Clerk is directed to notify each City's appreciation for such bidder and to express to each the such bid. ATTEST: City Clerk. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,$ W ,Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 MARY F. PARKER SANDRA H. EAKIN City Clerk Deputy Oty Clerk April 17, 1991 File #60-184 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30475-41591 amending and reordaining certain sections of the 1990-91 General Fund Appropriations, to provide for appropriation and transfer of cer- tain funds in connection with rental of employee uniforms and purchase of hats. Ordinance No. 30475-41591 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 15, 1991. Since re ly, /f-~/~ Mary F. Parker, CMC/AAE City Clerk MFP : ra Eno. pc: Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director of Public Works Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. D. Darwin Roupe, Manager, General Services IN T-~ ~OONCIL OF 'ru CIT~ OF I~OANOKE, ¥1aGINIA The 15th Day of April, 1991. No. 30475-41591. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A ro ria 'ons Public Safety Juvenile Detention Home Public Works Grounds Maintenance (2) ................. Signals and Alarms (3) .................. Refuse Collections (4) .................. Street Maintenance (5) .................. Building Maintenance (6) ................ Communications (7) ...................... Custodial Services (8) .................. Nondepartmental Contingency - General 1) Wearing Apparel 2) 3) 4) 5) 6) 7) 8) 9) lO) Wearing Apparel Wearing Apparel Wearing Apparel Wearing Apparel Wearing Apparel Wearing Apparel Wearlng Apparel Supplemental Budget - Empl. Uniforms Contingency Fund (9-10) ....... (001-054-3320-2064) $ 51 (001-050-4340-2064) 4,915 (001-052-4160-2064) 532 (001-052-4210-2064) 4,789 (001-052-4110-2064) 3,142 (001-052-4330-2064) 2,331 (001-052-4130-2064) 203 (001-052-4220-2064) 432 (001-002-9410--2206) (001-002-9410-2199) (89,700) 73,305 $27,192,799 648 487 18,831 881 3,034 201 718 169 4,202 362 2,369 951 2,984,869 1,496,792 869.241 12,978.348 680.661 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Roanoke, Virginia April 15, 1991 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Bid for Rental Uniform Service Bid No. 91-2-12 and Purchase of Hats, Bid No. 91-3-35 I concur with the recommendations of the bid committee relative to the above subject and recommend it to you for appropriate action. Respectfully Submitted, W. Robert Herbert City Manager cc: City Attorney Director of Finance Roanoke, Virginia April 15, 1991 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Bid for Rental Uniform Service Bid No. 91-2-12 and Purchase of Hate, Bid No. I. Background Council authorized in Fiscal Year '90-91 supplemental budget a contingency account the purpose of securing work uniforms for designated full time employees. for Uniforms will permit easy identification of City employees, especially those who have to perform duties on private property, present a more professional image to citizens and will also promote a sense of pride and organizational unity. May, 1990 a Uniform Selection Advisory Committee was established by the City Manager. The committee was comprised of employees from each department that would be eligible for uniforms. September, 1990 the selection committee developed a recommendation to the City Manager on the style, type and color of uniforms and hats. That recommendation consist of light green blend fabric shirts, dark green blend fabric pants and khaki baseball style hats. City of Roanoke is to be embroidered over the left pocket on the shirts and on the front panel of the hats. Rental Uniform Service and Hats Bid No. 91-2-12 and 91-3-35 Page 2 II. Specifications were developed and along with request for quotations for Rental Uniforms, were sent to six (6) Uniform Rental vendors and request for hats were sent to seven (7) vendors, all of which are currently shown on the City's bid list. A public advertisement was also published in the Roanoke Times and World News for the uniforms. Bids received, after due and proper advertisement, were publicly opened and read in the Office of General Services. Current S~tuatlon A. Bids received are as follows: 1. Rental Uniforms - Three (S) bids were received. 2. Hats - Four (4) bids were received. Bid tabulations are attached. All bids were evaluated in a consistent manner based on the required specifications of the City of Roanoke. C. Bid evaluations are as follows: 1. Rental Uniforms a) The lowest bid submitted by Servitex took two (2) exceptions. First, their quotation was for 36 months with the first 12 months at prices quoted and to be negotiated annually not to exceed an increase of §% instead of i year with the option to renew for two (2) additional years. Second, the name "City of Roanoke" would be embroidered on a Patch and sewn on the shirt instead of embroidered directly on the shirt as required. Rental Uniform Service and Hate Bid No. 91-2-12 and 91-3-35 Page $ III. IV. Hats a) The second lowest bid, submitted by Aratex Services, Inc. meets all required specifications. Based on the desired quantity of 1500 hats, the lowest bid, submitted by Collegiate Pacific, Inc., meets all required specifications. Employees that are designated to receive uniforms are shown, by department, on Attachment "A". A. Employee/Citizen Safety B. Image C. Compliance with Specifications D. Fundina Alternatives Council authorize the execution of a contract, in a Form approved by City Attorney, for the Rental of Employee Uniforms and the Purchase of Hats as follows: Rental of Employee Uniforms for designated City Employees from Aratex Services, Inc. for the period of one year with the option to renew for two (2) additional years, for the cost of $4.15 per employee per week. Purchase 1500 baseball style hats from Collegiate Pacific, Inc., for the total cost of $5,625.00. Rental Un/form Service and Hats Bid No. 91-2-12 and 91-3-35 Page 4 a) Employee/Citizen Safety - Uniforms and Hats will appropriately identify City Employees as they perform required duties and functions on both public and private property. Image - Uniformed employees will enhance the City's "image" which is consistent with the Councils approved strategic goals. c) Compliance with Specifications - Aratex Services, Inc. on the Rental of Uniforms and Collegiate Pacific, Inc., on the purchase of Hats, meets all required City specifications. d) Funding - Funds are available in FY '90-91 Contingency - Supplemental Budget for Employee Uniforms, Account Number 001-002-9410-2206 to provide for the acquisition of the items suggested in this alternative. Reject all Bids Employee/Citizen Safety - Employees performing duties on both public and private property would still not be appropriately identified as City employees and those duties which are unusually dirty or damaging to clothing would still be required with the employees incurring all cost for their work clothes. Image - Council's strategic goal regarding the enhancement of the City's "image" will not be advanced. Compliance with Specifications - would not be a factor in this alternative. Rental Uniform Service and Hate Bid No. 91-2-12 and 91-3-35 Page 5 Funding - Funds designated for the purpose of providing uniforms to designated employees would not be expended. R~commendation Council concur with Alternative "A" - authorize the execution of a contract, in a Form approved by City Attorney, for the Rental of Employee Uniforms and Purchase of Hats as follows: Rental of Employee Uniforms, for designated City Employees from Aratex Services, Inc. for a period of one (1) year with the option to renew for two (2) additional years, for the cost of $4.15 per employee per week. Purchase 1500 baseball style Hats from Collegiate Pacific, Inc. for the total cost of $5,625.00. B. Reject all other bids Transfer $16,395.O0 from FY '90-91 Contingency - Supplemental Budget - Employee Uniforms Account Number 001-002-9410-2206 to the following accounts: 1. $4,915.00 to Grounds Maintenance - O01-050-4340-2064 2. $51.00 to Juvenile Detention - 001-054-3320-2064 3. $532.00 to Signals & Alarms - 001-052-4160-2064 4. $4,789.00 to Refuse Collection - 001-052-4210-2064 Rental Uniform Service and Hats Bid No. 91-2-12 and 91-3-35 Page 6 cc: 5. $3,142.00 to Street Maintenance - 001-052-4110-2064 6. $2,331.00 to Building Maintenance - 001-052-4330-2064 7. $203.00 to Communications - 001-052-4130-2064 8. $432.00 to Custodial Services - 001-052-4220-2064 Respectfully Submitted, Committee: William F. Clark D. Darwin Roupe City Attorney Director of Finance Attachment "A" Listing, Departments and Number of Employees to Receive Uniforms 1. Grounds Maintenance - 92 employees 210 Reserve Avenue, S.W., Roanoke, Virginia Juvenile Detention Home - 1 employee 4345 Coyner Springs Road, Roanoke, Virginia Materials Control - 4 employees Signals and Alarms - 10 employees Refuse Collection - 90 employees Street Maintenance - 59 employees Building Maintenance - 43 employees Communications - 4 employees Motor Vehicle Maintenance - 39 employees Custodial Services - 36 employees 1802 Courtland, Road, N.E., Roanoke, Virginia 4. Utility Line Services - 75 employees 3447 Hollins Road, N.E., Roanoke, Virginia 5. Water Department - 22 employees Plantation Road & 1-81, Exit 43, Roanoke, Virginia 0 ~1-~ mm MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W. Room 456 Roaooke. Virgima 24011 Telephone: (703) 981-2541 April 17, 1991 SANDRA H. EAKIN Deputy C~:y Clerk File #24A-5-76 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30477-41591 amending and reordaining §1-10, Classification of and penalty for violations; and reordaining §20-52, Driving while under the influence of alcohol or drugs; adoption of state law, of the Code of the City of Roanoke (1979), as amended. Ordinance No. 30477-41591 was adopted by meeting held the Council of the City of Roanoke at on Monday, April 15, 1991. Sincerely, Nary F. Parker, CMC/AAE City Clerk a regular MFP: ra Enc. pc: The Honorable Roy B. ~illett, Chief Judqe, Circuit Court The Honorable Clifford R. ~eckstein, Judge, Circuit Court The Honorable Diane M. Strickland, Judge, Circuit Court The Honorable Kenneth E. Trabue, Juage, Circuit Court 305 East Main Street, Salem, Virginia 24153 The Honorable G. O. Clemens, Judge, Circuit Court, P. O. Box 1016, Salem, Virginia 24153 The Honorable Philip Trompeter, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Fred L. ~oback, Jr., Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Edward S. Kidd, Jr., Chief Judge, General District Court Mr. W. Robert April 17, 1991 Page 2 Herbert The Honorable Julian H. Raney, Jr., Judge, General District Court The Honorable Richard C. Pattisal, Judge, General District Court The Honorable Donald S. Caldwell, Commonwealth's Attorney The Honorable Patsy Testerman, Clerk, Circuit Court Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Mr. Ronald Albright, Clerk, General District Court Mr. Wilburn C. Dibling, Jr., City Attorney Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. M. David Hooper, Chief of Police Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Mr. Bobby D. Casey, Office of the Magistrate, P. 0. Box 13867, Roanoke, Virginia 24037 Ms. Clayne M. Calhoun, Law Librarian Mr. Robert L. Laslie, Vice President - Supplements, Municipal Code Corporation, P. 0. Box 2235, Tallahassee, Florida 32304 IN THE COUNCIL OF THE CITY OF ROANOKE, The 15th Day of April, 1991. No. 30477-41591. VIRGINIA AN ORDINANCE to amend and reordain §1-10, Classification of and penalty for violations; continuin~ violations, and to reordain §20-52, Drivin~ while under the influence of alcohol or dru~s; adoption of state law, of the Code of the City of Roanoke (1979), as amended; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsection (b)(1) of §1-10, Classification of and penalty for violations; as amended, §l-lO. (b) continuin~ violations, Code of the City of Roanoke (1979), is hereby amended and reordained to provide as follows: Classification of and penalty for violations; continuin~ violations. Whenever it is provided that any violation of any provision of this Code or any other ordinance of the city constitutes a Class 1, 2, 3 or 4 misde- meanor, such violation shall be punishable as follows: (1) For Class 1 misdemeanors, confinement in jail for not more than twelve (12) months and a fine of not more than two thousand five hundred dollars ($2,500.00), either or both. or druss; adoption of as amended, is hereby Section 20-52, Drivin$ while under the influence of alcohol state law, Code of the City of Roanoke (1979), reordained to provide as follows: §20-52. Driving while under the influence of alcohol or drugs; adoption of state law. Article 2 (section 18.2-266 et seq.) of chapter 7 of title 18.2, Code of Virginia, is hereby adopted and made a part of this chapter as fully as though set out at length herein. It shall be unlawful for any person to violate, or fail, neglect or refuse to comply with, any provision of the Code of Virginia adopted by this section. The penalties for violations of any provisions adopted by this section shall be as prescribed therein. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordi- nance shall be in full force and effect upon its passage. ATTEST: City Clerk. WILBURN C. DIBLING, JR. CITY A'i-i'ORN E Y CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING ROANOKE, VIRGINIA 24011-1595 April 15, 1991 WILLIAM X PARSONS MARK ALLAN WILLIAMS KATHLEEN MARIE KRONAU STEVEN J. TALEVl ASSISTANT CITY ATTORNEYS Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Re: Maximum penalty for Class 1 misdemeanors Dear Mrs. Bowles and Gentlemen: As you may recall, last year the General Assembly authorized an increase in the maximum penalties for certain classifications of state and local misdemeanors. One such change increased the state penalty for Class 1 misdemeanor violations from $1,000.00 to $2,500.00. Unfortunately, at the time, the $1,000.00 cap for violations of local ordinances was not increased. I am pleased to report that the General Assembly has recently increased the $1,000.00 cap on local penalties. This legislation which was enacted on an emergency basis is now effective. The action of the General Assembly described above also removes a technical problem which formerly existed in the State Code. The statute which authorized localities to prohibit driving under the influence of alcohol or drugs (DUI offenses) provided that the penalty for local violations could not be less stringent than those set forth in the State Code. Now that the local cap has been removed, this potential objection to charging DUI offenses under local ordinance has been removed. I have prepared the enclosed ordinance which raises the maxi- mum fine for Class 1 misdemeanor violations from $1,000.00 to $2,500.00. The ordinance also reenacts the section of the City Code dealing with DUI offenses. Honorable Mayor and Members of Roanoke City Council April 15, 1991 Page 2 I will be pleased to respond to any questions the members of Council may have about this matter. With kindest personal regards, I am City Attorney WCDJr:dlj Enclosure cc: W. Robert Herbert, City Manager George C. Snead, Jr., Director of Administration and Public Safety M. David Hooper, Chief of Police The Honorable Donald S. Caldwell, Commonwealth's Attorney Mary F. Parker, City Clerk MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215Church Avenue, S W,Room456 Roanoke. Virgima 24011 .Telephone: (703)981-2541 April 17, 1991 SANDRA H. EAKIN Del~uty Oty Clerk File #514 Mr. T. L. Plunkett, Jr. Attorney 300 Shenandoah Building Roanoke, Virginia 24011 Dear Mr. Plunkett: I am enclosing copy of Ordinance No. 30466-41591 permanently vacating, discontinuing and closing a certain ten foot alley located approximately 556.71 feet west of Third Street, S. W., and extending approximately 160 feet in a southerly direction from the southerly side of Luck Avenue. Ordinance No. 30466-41591 was adopted by the Council of the City of Roanoke on first reading on Monday, April 8, 1991, also adopted by the Council on second reading on Monday, April 15, 1991, and will take effect ten days following the date of Sincerely, Mary F. Parker, City Clerk its second reading. C~4 C / A A E MFP:ra Eno. pc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling. Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney The Honorable Jerome S. Howard, Jr., Commissioner of Revenue Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Charles A. Price, Jr., Chairman, City Planning Co,~nission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser. Director of Utilities and Operations THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That certain lO-foot alley located approximately 556.71 feet west of Third Street, S.W., and extending approxi- mately 160 feet in a southerly direction from the southerly side of Luck Avenue, be, and it hereby is, 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 any public utility, 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 encroach- ments 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. - 9. _ BE IT FURTHER ORDAINED that the closure of the above-described right-of-way is conditioned upon applicants' providing to the City verification that the title to the alley sections can be properly established, if vacated, and that such verification will be pro- vided to the City at least seven days prior to the public hearing on the application; providing to the City a properly executed sub- division plat for review, approval and recordation, showing thereon the addition or division of subject alley to either or both of the adjacent properties which are currently owned by First Baptist Church; and in the event these conditions have not been met within one (1) year from the effective date of this ordinance, this ordi- nance shall become null and void with no further action by City Council being necessary. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of- way is shown, referring to the book and page or ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of Trustees of the First Baptist Church, and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk. - 3 - Roanoke Cib' Planning Commission April 8, 1991 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from First Baptist Church that a certain 10 foot alley located approximately 556.71 feet west of Third Street, S.W., and extending approximately 160 feet south, be permanently vacated, discontinued and closed. I. Background: Alley extends approximately 160 feet through Block Six from its intersection with Luck Avenue, S.W. The alley is bounded on both sides and terminates in property owned by the Trustees of First Baptist Church. Subject alley has been surface treated but shows some deterioration near its intersection with Luck Avenue. There is a concrete wall located on the western boundary of the alley that also is in a state of deterioration. II. Current Situation: ae Applicant owns all of the adjacent property to subject alley. Applicant's properties are identified on attached Map A as official tax nos. 1012413, 1012417 and 1012448. No one is served by the alley other than the applicant. ApDlicant desires to use the property vacated for church purposes in conjunction with its adjoining property. Applicant further states that the subject alley is not currently being used as a public alley nor has been in recent years. Application was received on February 12, 1991, and was reviewed by the Planning Commission on March 6, 1991. Room 355 Municipal Building 215 Churd~ Avenue SW R~anoke, Virginia 2401 t (703) 981-2344 Page 2 III. Issues: A. Neighborhood impact. B. Traffic impact. C. Utilities within the right-of-way. D. Land use. E. Public services. F. Relationship to the comprehensive plan. IV. Alternatives: Approve the applicant's request to close the subject alley subject to the conditions outlined in Part V. Recommendation. Neighborhood impact: Closure would have no impact on the neighborhood. Traffic impact: Closure would have no impact on traffic or traffic needs in the area. 3. Utilities within the public right-of-way: Roanoke City has no utilities within the alley requested for closure. Neither C & P Telephone Company nor APCo has any utilities located within the alley requested for closure. Staff has received no correspondence indicating any other utilities located within subject alley. Land use: Conditions made subject to the staff recommendation in Part V. will provide for proper transition of title and future use of the subject alley. Public services: Closure of alley would not affect Fire Department operations. Therefore, they have no objection to alley closure. Relationship to the comprehensive plan: Request is consistent with the intent of the comprehensive plan that available land be used in the most appropriate manner. Page 3 Alley is not required or needed by the City for public purposes. Abutting property owner could utilize the land in conjunction with other property. B. Deny the applicant's request to close subject. Neighborhood impact: There would be no impact on neighborhood. 2. Traffic impact: Traffic would not be affected. Utilities within the public right-of-way: Since none are located within the alley, they would not be an issue. Land use: Alley would provide no useful access for the public. 5. Public Services would not be an issue. Relationship to comprehensive plan: Alley currently serves only the properties owned by First Baptist Church. Since the comprehensive plan calls for alleys "to afford a secondary means of access to abutting properties" no public interest would be served by an alley being maintained by the City for the purposes of a sole property owner. Recommendation: By a vote of 6-0, (Mr. Claytor absent) the Planning Commission recommended approval of Alternative A thereby approving the applicant's request subject to the following conditions: That the applicant agrees to provide verification that the title to the alley sections can be properly established, if vacated, and that such verification will be provided to the City at least seven days prior to the public hearing of the application by City Council. That the applicant agrees to provide to the City a properly executed subdivision plat for review, approval and recordation, showing thereon the addition or division of subject alley to either or both of the adjacent properties which are currently owned by First Baptist Church. That if the above listed conditions have not been met and provided for within a period of 12 months from Page 4 the date of the ordinance effecting the subject closure, then such ordinance shall become null and void with no further action by City Council being necessary. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission JRM:HPD:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Attorney for the Petitioner IN THE cOUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Application of the Trustees of the First Baptist Church for vacation of alley APPLICATION FOR VACATING, DISCONTINI/ING AND CLOSING OF ALLEY MEMBERS OF COUNCIL: The Trustees of the First Baptist Church, by counsel, apply to have a certain ten foot alley located approximately 556.71 feet west of 3rd St., S.W. and ex,:ending approximately 160 feet in a southerly direction from the southerly side of Luck Avenue, S.W., in the City of Roanoke, Virginia, permanently vacated, discontinued and closed pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. This alley is more particularly described on the map attached and as follows: That certain 10' wide alley which begins at a point on the southerly side of Luck Avenue, S.W. at the northeasterly corner of Lot 5, Official Survey S.W. No. 8, which point is corner No. 8 as shown on a boundary survey for First Baptist Church of Roanoke by T.P. Parker & Son, Engineers-Surveyors- Planners dated November 9, 1990, a copy of which il attached hereto; thence leaving the southerly side of Luck Avenue, S.W. and with t_ha easterly side of the said Lot 5, S. 07 dags. 13'00" E. 160.08 ft. to corner No. 9 on ~he northerly line of Lot 18, Section 2, Lewis Addition; thence with the northerly line of said Lot 18, S. 83 degs. 35'31" E. 10.29 ft. to corner No. 10; thence leaving the northerly line of the said Lot 18 and with the westerly line of an alley previously vacated and with the westerly -1- line of Lots 6, ?, 8 and 9 of the Word Map, N. 07 degs. 13'00. W. 162.73 ft. to corner No. 11 on the southerly side of Luck Ave.,S.W.; thence with the southerly line of Luck Ave.,S.W. in a southwesterly direction approximately 10 ft. to =he place of beginning. The Trustees of the First Baptist Church state that the grounds for this application are as follows: 1) The Trustees of the First Baptist Church own the fee simple title to all property adjacent to the said alley and constitute the sole property owner affected by the proposed alley closure. 2) By resolution of the congregation of First Baptist Church adopted on July 5, 1989, a copy of the said resolution is attached hereto, the Trustees were given full authority and were directed to take such action as may be necessary or proper on behalf of the Church to have the said alley vacated. 3) The said alley is not now and has not for several years been used as a public alley. It e~ends from Luck Avenue southerly into property owned by the Church and terminates in the property of the Church. It serves no one other than the Church. 4) The Trustees of the First Baptist Church desire to use the property to be vacated for Church purposes in conjunction with its adjoining property. WHEREFORE, the Trustees of the First Baptist Church respectfully request that the above-described alley be vacated -2- by ~he Council of the City of Roanoke, virginia, in accordance with Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. Respectfully submitted, H. CLAY FERGUSON, JR., C. FRED ~GUS, WILLIAM G. MASON, T. L. PLUNKETT, JR., BYRON D. PULTZ, TALMADGE E. ROBERTS TRUSTEES OF THE FIRST BAPTIST CHURCH Co~nse:t'~ T. L. Plunkett, Jr. Plunkett & Logan 300 Shenandoah Building Roanoke, virginia 24011 (703) 345-8837 b-let -3- This is to certify that at a regular Business meeting of the congregation of First Baptist Church held pursuant to notice at 7:20 p.m. on July 5, 1989, the following resolution was duly adopted: BE IT RESOLVED that the Trustees of First Baptist Church be and they hereby are authorized and directed to take such action as may be necessary or proper on behalf of the Church to have vacated, discontinued and closed that certain alley 10 ft. in width extending along the westerly line of the property of the Church on Luck Avenue and along the easterly line of Lots 5 and 6, Block 6, Map of Roanoke City Official Survey, Sheet S.W.8 a distance of 160.08 ft. southerly from Luck Avenue. Clerk \ LOCATION mm m' m,m~ ~ m m lmm m ! · MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W ,Room 456 Roanoke. V~rg~ma 24011 Telephone: (703) 981-2541 March 19, 1991 SANDRA H. EAKIN Deputy C~ty Clerk File #514 Mr. T. L. Plunkett, Jr. Attorney 300 Shenandoah Building Roanoke, Virginia 24011 Dear Mr. Plunkett: I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant the request of your client, First Baptist Church, that a certain ten foot alley located approximately 556.71 feet west of Third Street, S. W., and extending approximately 160 feet in a southerly direction from the southerly side of Luck Avenue, be permanently vacated, discontinued and closed. Pursuant to Resolution No. 25523 adopted by the Council of the, City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, April 8, 1991, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W. For your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the closure, which notice and Ordinance were prepared by the City Attorney's Office. Please review the Ordinance and if you have questions, you may contact Mr. Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the City Planning Commission report should be directed to Mr. John R. Marlles, Chief of Community Planning, at 981-2344. MFP:ra PUBLIC66 Sincerely, ~f~L~_~_~-_~ Mary F. Parker, CMC/AAE City Clerk Enc. Mr. T. L. Plunkett, March 19, 1991 Page 2 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney The Honorable Jerome S. Howard, Jr., Commissioner of Revenue Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Charles A. Price, Jr., Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Edward R. Tucker, City Planner Ms. Doris Layne, Office of Real Estate Valuation ~,EPAES~NTAI-ivU CF THE TiN~b-~U~Lj 03/29/,~ 1 HJKNINa NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, April 8, 1991, at 7:30 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 per- manently abandon, vacate, discontinue and close the following public right-of-way: That certain lO-foot alley located approximately 556.71 feet west of Third Street, S.W., and extending approxi- mately 160 feet in a southerly direction from the southerly A copy of the Office of parties in interest and citizens may appear on the be heard on the question. GIVEN under my hand this 20th day of March side of Luck Avenue, S.W. this proposal is available for public inspection in the City Clerk, Room 456, Municipal Building. All above date and , 1991. Mary F. Parker, City Clerk. Please publish in full twice, once on Friday, March 22, 1991, and once on Friday, March 29, 1991, in the Roanoke Times and World News, Morning Edition. Please send publisher's affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Please bill to: Mr. T. L. Plunkett, Jr., Attorney 300 Shenandoah Building Roanoke, Virginia 24011 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S w, Room 456 Roanoke, Virglma 24011 Telephone: (703)981-2541 April 17, 1991 SANDRA H. EAKIN Deputy C~ty Clerk File #51 Mr. Bruce E. Mayer Attorney P. O. Box 246 Vinton, Virginia 24179 Dear Hr. Mayer: I am enclosing copy of Ordinance No. 30467-41591 rezoning a tract of land located at 4210 Southern Hills Drive, described as Lots 1 and 2, Block 4, Section 1, Southern Hills (formerly referred to as Lots i and 2, Section 4), and Lots 1, 2 and 3, Block 8, Section 2, Southern Hills, Official Tax Nos. b480401, 5480402, and 5470501 5470503, inclusive, from RS-3, Residential Single Family District, to RA, Residential Agricultural District, sub- ject to certain conditions proffered by the petitioner. Ordinance No. 30467-41591 was adopted by the Council of the City of Roanoke on first reading on Monday, April 8, 1991, also adopted by the Council on second reading on Monday, April 15, 1991, and will take effect ten days following the date of its second reading. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP : ra Enc. .pc: North Carolina National Bank, c/o NCNB for Hunting Hills, 121 West Trade Street, Charlotte, North Carolina 28255 Mr. W. R. Grant, 4247 Griffin Road, S. W., Roanoke, Virginia 24014 Mr. & Mrs. James H. Jordon, 4237 Griffin Road, S. W., Roanoke, Virginia 24014 Mr. James A. Tyree, 502 McDowell Avenue, N. W., Roanoke, Virginia 24017 Mr. Bruce E. Mayer April 17, 1991 Page 2 pc: Mr. & Mrs. Alvin Turner, 4318 Bristol Road, S. W., Roanoke, Virginia 24014 Mr. & Mrs. James L. Taylor, 4146 Southern Hills Drive, S. W., Roanoke, Virginia 24014 Mr. & Mrs. W. F. Cobbs, 4208 Southern Hills Drive, S. W., Roanoke, Virginia 24018 Mr. & Mrs. Robert Gravely, 4134 Southern Lane, S. W., Roanoke, Virginia 24014 Mr. & Mrs. Lewis K. Gravely, 4325 Southern Lane, S. W., Roanoke, Virginia 24014 Edmond Gravely Estate, c/o Ms. V. Patricia Gravely, 21Corey Circle, Hampton, Virginia 23663 Mr. William C. Gravely, c/o Ms. Patricia Gravely, Executor, 4156 Griffin Road, S. W., Roanoke, Virginia 24014 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Charles A. Price, Jr., Chairman, City Planning Commission Mr. Mr. Mr. Mr. Mr. Admi Mr. Commission Ms. Doris Layne, L. Elwood Norris, Chairman, Board of Zoning Appeals William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities and Operations Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner and Zoning nistrator John R. Marlles, Agent/Secretary, City Planning Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, The 15th Day of April, 1991. No. 30467-41591. VIRGINIA, AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 547 and 548, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the Petitioner. WHEREAS, a petition has been presented to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-3, Residential Single Family District, to Residential Agricultural District, subject to certain conditions proffered by the Petitioner; 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 the Second Amended Petition at its meeting on April 8, 1991, 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 par- ties in interest and citizens ~ere given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid peti- tion, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters pre- sented at the public hearing, is of the opinion that the herein- after described property should be rezoned as herein provided. WHEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 547 and 548 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as a tract of land lying at 4210 Southern Hills Drive, being Lots 1 and 2, Block 4, Section 1, Southern Hills (formerly referred to as Lots 1 and 2, Section 4), and Lots 1, 2, and 3, Block 8, Section 2, Southern Hills, Sheet Nos. 547 and 548 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 5480401, 5480402, 5470501, 5470502 and 5470503, be, and is hereby rezoned from RS-3, Residential Single Family District, to RA, Residential Agricultural District, subject to those conditions proffered by and set forth in the Third Amended Petition to Rezone filed in the Office of the City Clerk on March 11, 1991, and that Sheet Nos. 547 and 548 of the Sectional 1976 Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke Ci~ Planning Commission April 8, 1991 The Honorable Noel C. Taylor, and Members of City Council Roanoke, Virginia Mayor Dear Members of Council: Subject: Request from Allman Landscaping, Inc., represented by Bruce E. Mayer, attorney, that property located at 4210 Southern Hills Drive, S.W., described as official tax numbers 5480401, 5480402, 5470501, 5470502 and 5470503, be rezoned from RS-3, Residential Single Family District, to RA, Residential Agricultural District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Background: Purpose of the rezoning request is for the operation of a tree farm, plant nursery with greenhouses to include on-site retail sales, and the renovation of the existing residential structure incidental to the proposed use on the subject property. B. Petition to rezone was filed on February 13, 1991. First amended petition to rezone was filed on February 27, 1991. Second amended petition to rezone was filed on March 6, 1991. The following conditions were proffered by the petitioner: That the rezoned property shall be used for the purpose of operating a tree farm, plant nursery and greenhouses with incidental retail plant sales on premises and incidental to that, a single family detached dwelling to be converted to office or be used as a dwelling may be permitted, as defined in the zoning regulations of the City o~ Roanoke. Room 355 Municipal Building 215 Churah Avenue S.W Poanoke, Virginia 24011 (703) 981-2344 Page 2 That the property will be developed in substantial conformity with the site plan prepared by Hill Studios, P.C., dated March 6, 1991, a copy of which is attached to the petition for rezoning as Exhibit B, subject to any changes as may be required by the City as a result of comprehensive site plan review; provided further that the property will be developed in stages as follows: Phase I development will occur within 6-8 months of the rezoning of the subject property and shall include: (1) exterior restoration of the existing single-family structure on the site; (2) installation and maintenance of the landscaping entrance/identification sign area to City Code standards, at the corner of Southern Hills Drive and Griffin Road; (3) installation and maintenance of landscaping buffer, in accordance with City Code requirements, along portions of the eastern property boundary to buffer the adjoining residentially zoned areas. Phase II development may begin at any time after the completion of Phase I and shall include: (1) installation of the public nursery area as indicated on the proffered site plan to include the rock garden, ornamental plants and shrub collection, ground cover, ball and burlap trees, water tolerant plants, and flowers; (2) installation of the public parking area to be initially primed and double sealed, and within 2 years of the City review and approval of that treatment of the parking area, it will be paved with asphalt to City standards for off-street parking areas; (3) construction of public greenhouses, storage shed, holding shelter, employee parking and service area and addition of other outdoor plant display areas, as indicated on the proffered site plan. Page 3 II. Issues: Phase III development, which is composed of private greenhouses as indicated on the proffered site plan, shall begin at any time after completion of the specific items listed in Phase II. That only one identification sign, no larger than 20 square feet, shall be erected on the rezoned property. That no structures proposed for construction on the rezoned property shall be higher than twenty (20) feet above ground level. That a subdivision plat, acceptable for recording, shall be prepared recombining said lots of subject property into one development tract and that the plat will be recorded prior to the issuance of any building permit for development on said property. That if Proffer (2a) is not performed with 6-8 months of the effective date of the ordinance rezoning the subject property, the zoning classification shall return to that of RS-3, Residential Single Family District, without further action of City Council. Zoning of the subject property is RS-3, Residential Single Family District. The surrounding zoning in the area is as follows: to the north, east and south is RS-3, Residential Single Family District; to the northwest is RS-3 and to the southwest is C-2, General Commercial District. Land use of the site is primarily vacant undeveloped with three small, older wooden structures on the middle portion of the subject property. Surrounding land uses in the area are as follows: to the north and south are single family residences; to the east is a vacant lot, a city neighborhood park and single family residences; to the west is a vacant, undeveloped tract and various highway commercial uses backing up to Southern Hills Drive and to the southwest is commercially developed property, Walmart Shopping Center. Utilities are available and adequate. Storm drainage concerns and any other engineering or design problems will be addressed and resolved during the comprehensive development plan review process. Page 4 Access to the site is from the adjoining public streets, Southern Hills Drive to Griffin Road. The City Traffic Engineer has stated that given the proposed use of the site and its projected number of employees (2-4 at the onset and perhaps up to 10 people once the site development is complete) that traffic generation from the site would have a minimal effect on the adjoining streets. Screening would be required along all property lines of the subject property that adjoin residentially zoned areas and to provide a visual buffer to the proposed off-street parking area. The proffered site plan reflects the retention of some of the existing natural vegetation along the southern and southeastern property boundaries in conjunction with the planting and installation of a landscaping buffer area along the perimeter of the site. A detailed landscaping plan will be provided during the comprehensive development plan review process to ensure that the City zoning ordinance requirements are met. Neighborhood consists of rural developed, single family residences that would be protected from further encroachment of more intensive, non-residential uses by the proposed "down zoning" and use of the subject property in that it would provide a natural buffer and transition area from the commercial uses along U.S. 220 and the Walmart property to the sparsely developed single family areas to the north, south and east of the site. Furthermore, the use of the site in conjunction with renovating the existing single family structure on the site would aesthetically enhance the general entrancewa¥ to the single family residential area. 1983 Southern Hills/Old Rocky Mount Road Planning Study of that area recommends that: The rural character of the area should be maintained in order to enhance the aesthetic quality and environmental features of the area. The zoning in the area should protect the rural residential character of the neighborhood and afford the opportunity for low density residential growth. Page 5 Comprehensive Plan recommends that: 1. Neighborhood character and environmental quality be protected. Commercial development and its expansion is carefully evaluated to ensure minimal conflict with residential areas and that the commercial development is a good neighbor to residential uses. III. Current Situation: Joint meeting of members of the Community Development and Long Range Planning Subcommittees of the Planning Commission was held on February 27, 1991. Discussion focused on the overall existing zoning pattern and land use in the Southern Hills area, evaluation of the requested rezoning and its potential impacts on the area, the future development scheme of the area and land use and the zoning issues and recommendations listed in the 1983 study of the area. Two meetings were held in the Southern Hills area on March 4 and 5, 1991. Those in attendance were eight area residents (total from both meetings), the petitioner and his attorney and City staff member. The following issues and concerns were addressed: proposed use, stages of development and general operation of nursery and landscaping business; hours of operation, number of employees, level of traffic and truck deliveries associated with nursery; 3. expansion plans; zoning changes, drainage problems in the area and future development or redevelopment of neighborhood. The meetings concluded with the area residents stating that if the property was developed as presented on the site plan and with the proffered conditions, they did not oppose the rezoning. Planning Commission public hearing was held on March 6, 1991. Mr. Bruce Mayer, attorney, appeared before the Commission representing the petitioner, Allman Landscaping, Inc. Mr. Mayer summarized the purpose of the requested rezoning, the proposed operation of the nursery and landscaping business and described the activities that will occur in each phase of the site development. Page 6 Mrs. Evelyn Dorsey presented the staff report. She briefly reviewed the history of the Southern Hills area, the rezonings that have occurred in the area and the findings and recommendations of a 1983 study of that neighborhood. She further stated that a joint meeting of two subcommittees of the Planning Commission had been held to discuss the proposed rezoning in relation to the recommendations of the 1983 study. Mrs. Dorsey also stated that two (2) separate neighborhood meetings had been held in the area to present the rezoning request and to solicit their thoughts, issues or concerns, and informed the Commission that the area residents generally supported the rezoning request. She stated that the staff recommended approval of the request finding that it was in keeping with the recommendations of the 1983 study in that the use would protect and promote the rural character of the area as well as enhance the environmental features and quality of the area. Discussion between the Commission members, the petitioner's attorney, and City staff took place concerning the proposed storage shed and bins, the definition and applicability of the term "tree farm" to the rezoning and intended use of the property and the type of signage proposed for the site. No one from the public appeared to speak in favor opposition to the request. Third amended petition was filed on March 8, 1991. The following conditions were proffered by the petitioner: or That the rezoned property shall be used for the purpose of operating a tree farm, plant nursery and greenhouses with incidental retail plant sales on premises and incidental to that, a single family detached dwelling to be converted to nursery office or be used as a dwelling may be permitted, as defined in the zoning regulations of the City of Roanoke. That the property will be developed in substantial conformity with the site plan prepared by Hill Studios, P.C., dated March 6, 1991, a copy of which is attached to the petition for rezoning as Exhibit B, subject to any changes as may be required by the City as a result of comprehensive site plan review; provided further that the property will be developed in stages as follows: Page 7 Phase I development will occur within months of the rezoning of the subject property and shall include: 6-8 (1) exterior restoration of the existing single-family structure on the site; (2) installation and maintenance of the landscaping entrance/identification sign area to City Code standards, at the corner of Southern Hills Drive and Griffin Road; (3) installation and maintenance of landscaping buffer, in accordance with City Code requirements, along portions of the eastern property boundary to buffer the adjoining residentially zoned areas. Phase II development may begin at any time after the completion of Phase I and shall include: (1) installation of the public nursery area as indicated on the proffered site plan to include the rock garden, ornamental plants and shrub collection, ground cover, ball and burlap trees, water tolerant plants, and flowers; (2) installation of the public parking area to be initially primed and double sealed, and within 2 years of the City review and approval of that treatment of the parking area, it will be paved with asphalt to City standards for off-street parking areas; (3) construction of public greenhouses, storage shed, holding shelter, employee parking and service area and addition of other outdoor plant display areas, as indicated on the proffered site plan. Phase III development, which is composed of private greenhouses as indicated on the proffered site plan, shall begin at any time after completion of the specific items listed in Phase II. Page 8 That only one ground level identification sign, no larger than 20 square feet, shall be erected on a berm to be constructed on the rezoned property. That no new structures proposed for construction on the rezoned property shall be higher than twenty (20) feet above ground level. That a subdivision plat, acceptable for recording, shall be prepared recombining said lots of subject property into one development tract and that the plat will be recorded prior to the issuance of any building permit for development on said property. That if Proffer (2a) is not performed with 6-8 months of the effective date of the ordinance rezoning the subject property, the zoning classification shall return to that of RS-3, Residential Single Family District, without further action of City Council. IV. Alternatives: A. City Council apDrove the rezoning request. Zoning of the subject property would be RA, Residential Agricultural District. Land use would become a tree farm, a plant nursery and greenhouses with incidental retail sales on premises in conjunction with the reinstatement of a single family residence on the site that would promote the overall rural character of the area. Utilities are available and of adequate capacity for the proposed development of the site. Storm drainage and any other engineering or design concerns can be resolved during the comprehensive development plan review process. Access to and from the property can be safely provided from Griffin Road as indicated on the proffered site development plan. Screening will be provided by the proffered site development plan and maintenance of some of the natural vegetative buffer areas on the site, subject to any supplemental planting required as a result of the comprehensive development plan review process. Page 9 Neighborhood appearance would be improved as a result of the proposed use of the site and the required landscaping and buffering. The existing topography and natural tree stands on the site also aid in screening and separating the proposed nursery activity on the site from the surrounding residential uses. Recommendations of the 1983 Southern Hills area study and the Comprehensive Plan issues as set forth would be followed. City 1. Council deny the rezoning request. Zoning of the subject property would remain RS-3, Residential Single Family District. The existing structures would remain dilapidated and the illegal open air storage and dumping activities on the property would continue to occur and be an eyesore in the neighborhood. Land use would remain a relatively vacant, undeveloped property with the possibility of the site becoming more of an eyesore to the immediate area. 3. Utilities would be unaffected. 4. Access would not be an issue. Screening would not be provided. Neighborhood would be affected by the continued deterioration of the vacant buildings on the site and the possibility of more illegal open air storage and dumping activities continuing to occur on the property. e Recommendations of the 1983 Southern Hills area study and the Comprehensive Plan issues as set forth could be followed at a later date. Recommendation: By a vote of 6-0 (Mr. Claytor absent), the Planning Commission recommended approval of the requested rezoning. The proposed use of the property, in conjunction with the proffered site plan, conditions and stages of development, will serve to protect and promote the rural character and environmental quality of the area as well as aesthetically enhance one of the major entranceways into the residentially developed portion of the neighborhood in keeping with the recommendations of the 1983 study and the issues as set forth in the comprehensive plan. Page 10 Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission JRM:EDD:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Attorney for the Petitioner THI~D AMENDED PETITION TO REZONE IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Rezoning of a tract of land lying at 4210 Southern Hills Drive, being lots i and 2, Block 4, Section 1, Southern Hills (formerly referred to as Lots 1 and 2 Section 4) Lots 1, 2, 3 Block 8, Section 2, Southern Hills, Tax Map Number 548-0401, 548-0402, 547-0501, 547-0502, 547-0503, from RS-3 Residential Single Family District to RA Residential Agricultural District, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner Allman Landscaping, Inc., is under contract to purchase land in the City of Roanoke containing 2.4 acres, more or less, located at 4210 Southern'Hills Drive, Lots i and 2, Block 4 Section 1 (formerly referred to as Lots 1 and 2 Section 4) and Lot~ 1, 2, 3 Block 8, Section 2, Southern Hills Tax Map Number 548-0401 548-0402, 547-0501, 547-0502. 547-0503. Said tract is currently zoned RS-3 Residential Single Family District. A map of the property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RS-3 Residential Single Family District to RA Residential Agricultural District, subject to certain conditions set forth below, for the purpose of operating a tree farm, plant nursery and greenhouses with incidental retail plant sales on premises and incidental to that, a single-family detached dwelling to be converte~ to an office or used as an actual dwelling. LAW OFFICE BRUCE E, MAYER N, VA. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will provide a needed area to grow nursery stock and trees and an incidental retail outlet for their sale which will help preserve the natural character of the neighborhood. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: 1. That the rezoned property shall be used for the purpose of operating a tree farm, plant nursery and greenhouses with incidental retail plant sales on premises and incidental to that, a single-family detached dwelling to be converted to a nursery office or be used as a dwelling may be permitted, as defined in the zoning regulations of the City of Roanoke. 2. That the property will be developed in substantial conformity with the site plan prepared by Hill Studios, P. C., dated March 6, 1991, a copy of which is attached to the petition for rezoning as Exhibit B, subject to any changes as may be required by the City as a result of comprehensive site plan review; provided further that the property will be developed in stages as follows: a. Phase I development will occur within 6-8 months of the rezoning of the subject property and shall include: (1) exterior restoration of the existing single-family structure on the site; (2) installation and maintenance of the landscaping entrance/identification sign (3) area to City Code standards, at the corner of Southern Hills Drive and Griffin Road; installation and maintenance of landscaping buffer, in accordance with City Code ~equlrements, along portions of the eastern property boundary to buffer the adjoining residentially zoned areas. Phase II development may begin at any time after the completion of Phase I and shall include: (1) installation of the public nursery area as indicated on the proffered site plan to include the rock garden, ornamental plants and shrub collection, ground cover, ball and burlap ~trees, water tolerant plants, and flowers; (2) installation of the public parking area to be initially primed and double sealed, and within 2 years of the City review and approval of that treatment of the parking area, it will be paved with asphalt to City standards for off-street parking LAW OFFICE BRUC£ E, MAYER V' ', VA. areas; (3) construction storage shed, of public greenhouses, holding shelter, employee parking and service area and addition of other outdoor plant display areas, as indicated on the proffered site plan. c. Phase III, development, which is composed of private greenhouses as indicated on the proffered site plan, shall begin any time after completion of the specific items liste¢ in Phase II. That only one ground level identification sign, nc larger than 20 square feet, shall be erected on a berm to be constructed on the rezoned property. That no new structures proposed for construction on the rezoned property shall be higher than twenty (20) feet above ground level. That a subdivision plat, acceptable for recording, shall be prepared recombining said lots of subject property into one development tract and that the plat will be recorded prior to the issuance of any building permit for development on said property. That if Proffer 2(a) is not performed within 6 to 8I months of the effective date of the ordinance rezoning the subject property, the zoning classification shall return to that of RS-3, Residential Single Family District, without further action of City Council. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property immediatel 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 the 6th day of March, Respectfully submitted, Bruce E. Mayer Attorney at Law P. O. Box 246 Vinton, Virginia (703) 342-3787 24179 1991. ALLMAN LANDSCAPING, INC. By:~ % ~xhibif "A" 5470109 5470111 5470112 5470114 5470115 5470116 5470201 5470202 5470504 5470506 5480403 5480404 EXHIBIT "C" " ~ame~ and Addresses James Lee Taylor 4146 Southern Hills Drive Roanoke, Virginia 24014 Robert Gravely 4134 Southern Lane Roanoke, Virginia 24014 Lewis K. Gravely 4325 Southern Lane Roanoke, Virginia 24014 Edmond Gravely 21 Corey Circle, Hampton, VA 23663 William C. Gravely 4156 Griffin Road Roanoke, Virginia 24014 North Carolina Nat. Bank 121 West Trade St. 1st 17-1 Charlotte, NC 28255 W. R. Grant 4247 Griffin Road Roanoke, Virginia 24014 James H. Jordon 4237 Griffin Road Roanoke, Virginia 24014 James A. Tyree 502 McDowell, NW Roanoke, Virginia 24017 Alvin Turner 4318 Beistol Road Roanoke, Virginia 24014 James Lee Taylor 4146 Southern Hills Drive Roanoke, Virginia 24014 City of Roanoke c/o City Attorney 464 Municipal Building Roanoke, Virginia 24011 5480405 5470111 5470112 5470114 5470115 EXHIBIT "C" CONTINUED City of Roanoke c/o City Attorney 464 Municipal Building Roanoke, Virginia 24011 Robert Gravely 4i34 Southern Lane Roanoke, Virginia 24014 Lewis K. Gravely 4325 Southern Lane Roanoke, Virginia 24014 Edmond Gravely Griffin Road Roanoke, Virginia 24014 William C. Gravely 4156 Griffin Road Roanoke, Virginia 24014 PLANNING STUDy SOUTIIERN HILLS/OLD ROCKY MOUNT ROAD S ~PT]R!BER 1983 BACKGROUND In recent years the City of Roanoke has received several requests regarding, zoning changes in the Southern Hills/Old Rocky Mount Road (State Route 789) area, which was annexed by the City in 1976. As a result of these requests, it was determined that a detailed planning study of this annexed area was needed to provide a basis for evaluating currant rezoning requests before the Planning Co~ission and as a guide for future land development in the area. A map of the designated study area is shown as Figure 1. The following studies and past zoning issues are documented in the planning files: Southern Hills Neighborhood Study was done in July 1979, as part of a Community Development Block Grant program to study the existing conditions of the community, the future developments proposed, and to develop a neighborhood strategy to strengthen the residential amenity of the co,unity. As a result of the study, many public improvememts were completed including proj acts for water, sewer, storm drainage, streets and recreation facilities. e Rezoning Request from Pheasant Ridge Corporation was filed in Nov~4mber 1979, to rezone approxi~ely 65 acres off of U.S. Route 220, Old Rocky Mount Road and Van Winkle Road from RS-3 to C-i, C-2 and RG-1, for a shopping center, motel, office building, and multi-fam~ iy housing. The area is shown as area "A" in Figure 2. A conditional rezoning was granted. Proffered conditions included providing an access road off of Route 220, landscape buffering for developments along Route 220, Old Rocky Mount Road and Van Winkle Road, preservation of wooded areas as buffers and a l~m~tation of 14 dwelling units/acre in the RC--1 area (30 acres). At present, the development plans for this area have beam postponed by the developer. A reversion clause was included only for the motel area (C-2) which would return to C-i, if not developed by 1985. e Rezoning Request from U. L. Perdue was filed in February 1982, to rezone a 4.32 acre parcel on Old Rocky Mount Road from RS-3 to C-2 in order to continue the operation of a welding business. The area is shown as area "B" in Figure 2. The Planning Cormm~ssion denied the request on the basis that no limitations on future use of the property were proffered and general commercial development on the site would not be compatible with existing and proposed neighborhood development. Request not pursued further by petitioner. e Rezoning Request from R. G. Lucas was filed in August 1982 and again in May 1983, to rezone a tract of land on Old Rocky Mount Road from C-1 to C-2, for the purpose of a neighborhood grocery and convenience store. The area is shown as area "C" in Figure 2. The original request was denied by the Planning Commission and was mot pursued further. 40RTH 220 Welcome FIGURE 1 ~tudy' Area J . ~QQ£ NqRROWSLN NORTH 220 .. Welcome' FIGURE 2 Zoning Studies Proposed Developme~ In May 1983 another request to rezone was filed wi:h proffered conditions. This request is currently under review by the Planning Co~ssion. Conditions that have been proffered by the petitioner include a developmmnt plan and no video games on the premises. Request from B. G. Hopkins was filed in July 1983 with the Board of Zoning Appeals for extension of a non-conformlng use on 11.7 acres zoned RS-3 for the purpose of expanding an existing trailer park (50 units) to accommodate approximately 50 additional mobile homes. The area is shown as area "D" in Figure 2. Zoning for the existing park is RG-1. One acre of the R5-3 district is currently part of the existing park and is a non-conforming use. The Board denied the applicant's request on the basis that mobile homes are not permitted in RS districts and the non-conforming uae c~ot be extended. The applicant was referred to the Planning Co~ssion to request a rezoning of the property. The Board could then consider a request for special exception under proper zoning. No further action has been taken by the applicant. Branch and Associates are presently pursuing a 262-unit condominium complex along U.S. Route 220 west of Old Rocky Mount Road. The proposed development is shown as area "E" in Figure 2. Preliminary plans have been developed and were shown to the Planning Commission on A~gust 17, 1983, for their approval of a 1,700 foot cul-de-sac roadway which is proposed. The roadway has been approved and more detailed plans are being prepared. EXISTING CONDITIONS Topo~raphy~ Natural Features~ The topography of the study area is shown in Figure 3 and can be described as mountainous and heavily wooded. Approximately 50% of the study area is in slopes of 10%-20% and approximately 30% of the study area is in slopes greater than 20%. (Slopes greater than 10% present ]~mJtations to development.) In general, most of the soils in the study area are stony and poor to fair for agricultural and urban use. The soils in the Southern Hills area are more suited for urban use in comparison to the rest of the study area and are good to fair for septic systems. The soils in the immediate vicinity of Old Rocky Mount Road, however, are poorly suited for septic systems and are best suited for recreational, forest, wildlife and park use. A tributary ~o Ore Branch runs through :he Southern Hills neighborhood. As shown in Figure 4, the lO0-year floodplain for the stream occurs in some of the lower elevations of the study area adjacent to U.S. Route 220 along Southern Lane. Zonin~ and Land Use Zoning and land use of the study area are shown in Figures 5 and 6. As indicated on these map°, a majority of the study area is zoned single-family residential and is either in residential use or vacant. 100 Year FloodDle Tributary I ranCh , JO L/N 0 WS L N NORTH 220 · , Welcome FI__G URE 4. Floodplain con~ conc~ concL RG- 1 AG C-1 HM FIGURE 5 Zoning HM FIGURE 6 Existing Land Use LandUse Residential Multi-family Public & Semi-public ;ks & Recreation Commercial Industrial Co--,ercial zoning is limited to the U.S. Route 220 corridor (C-2) and west of 01d Rocky Mount Road (C-i), with the exception of the 1979 conditionally rezoned parcels east of U.S. Route 220. Almost all of the commercially-~oned area is vacant except for a l~ited number of commercial uses (less than 25 establishments) along U.S. Route 220. Heavy manufacturing zoning and land uses are found in the southeastern portion of the study area. A majority of the area is occupied by the Rockydale Quarry operation. Surrounding the study area to the east is agriculturally-zoned land in vacant and recreational uses (Blue Ridge Parkway). Outside the study area residential uses are found to the north, south and west. Commercial uses further north are primarily limited to the U.S. Route 220, Franklin Road and State Route 419 corridor. Population~ Housing, EmploTment The socioeconomic characteristics of :he approximate study area are s,~m~=rized below. These figures were obtained from 1980 census data, 1970 census data updated to 1978 and transportation planning data from 1976. It should be recognized that these characteristics are approw*~=te for the area under study an~ may include portions of other neighborhoods in the area. They do provide, however, a general overview of the area and are reasonable in terms of their application to =he study area. Socioeconomic Characteristics Population, 1976 Population, 2005 Population, Aged 30-60 Population, Under 18 years of age : 510. 550l : 40% : 30% No. Dwellings Unit, 1976 No. Dwelling Units, 2005 Owner-occupied housing Appraised value of hosuing, (75% of units) Avg. household size Avg. household income 1982 : 178, single f~ly mobile homes : 2101 : 82.9% : $10,000-$30,000 : 2.9 per~ons · $28,476' Occupation Head of Household, 1978: Professional, Managerial Sales, Clerical, Blue Collar, Service Retired Other : 42%2 : 32% : 16% : 10% Employment within area, 1976 Employment within area, 2005 : 157 : 209 Total commercial units, 1978 : 23, 8.7% vacant, non-m~ufacturing l?rojection done using 1976 datas does not include the proposed multi-f~=41y developments in the area 2These figures may be biased by exterior neighborhood influences As indicated by these characteristics, the study area can be described generally as a sparsely populated, residential area showing slow, limited growth patterns. Most of the housing units are owner occupied and are of low to median values. The residents of the area are primarily middle-aged persons with school-aged children. Employment in the area is probably provided primarily by the Rockydale Quarry operations or by other heavy manufacturing businesses on Old Rocky Mount Road. The number of persons both residing and employed within the study area is unknown. Transportation System The major transportation routes in the study area are shown in Figure 7. Pavement condi=ions in the area are considered good to ~xcellent and all streets have been repaved since 1978. Pavement widths average 20 feet and grades vary from level to steep. Sidewalk, curb and gutter have no: been constructed in the study area. The street layout affords sufficient access to major routes external to the neighborhood as well as sufficient internal routing. Access to U.S. Route 220 exists at Southern Hills Drive, Southern Hills Lane and Old Rocky Mount Road via median cuts with left-turn bays. Internal circulation is sufficient and is presently being improved by a project on Van Winkle Road. The existing Average Daily Traffic (ADT), the capacity of the streets in the study area, and the existing levels of service are su~.~arized below: Street ADT ADT Capacity Level of Service Residential streets Old Rocky Mount R~ad Welcome Valley Road 1,000 2,000 - 3,000 A 2,850 9,000 -10,000 A 2,300 9,000 -10,000 A As indicated by the data, the =:~ tra~._c service in the study area is operating at an excellent level and at 25%-50% of capacity. There are no high accident corridors in the study area. Truck traffic in the study area is significamt o~ly on Old Rocky Mount Road. Truck traffic counts conducted on Welcome Valley Road indicated medium trucks (dump trucks, delivery trucks) and heavy trucks (tractor-trailer) comprised less than four percent of she total daily traffic. Traffic cou~ts on Old Rocky Mount Road indicated the following: Type % Eastbound % Westbound Cars 61.8 61.4 Light trucks 19.0 17.2 Medium trucks 15.5 18.3 Heavy trucks 3.7 3.1 While the amount of medium truck traffic on Old Rocky Mount Road ia moderately high, it does not pose a safety or capacity problem for the roadway. Water/Sanitary Sewer/Storm Drainm Maps of the existing City water and sanitary sewer systems are presented as Figures 8 and 9. A~ show~ on these maps, water and sanitary sewer lines basically extend along the major roads in the study area and service those areas that were developed at the time of annexation or had a potential for future development. The City has purchased several private water systems in the area since 1976 to supplement the water supply and, at present, has plans to extend water service in the i~mediata vicinity of Old Rocky Mount Road. These improvements include extension of the main line along U.S. Route 220, construction of a pump station, and construction of an~above ground reservoir by 1987. ~tfA OWS. L~ NORTH 220 Welcome FIGURE 7 'ransportation SystE C~£Z7~/L~~ NORTH 220 . Welcome FIGURE ~' ffary Sewer Faciliti, NORTH 220 . WelCOme FIGURE ater Facilities ic~ge There are no present plans for the City to extend or expand the s~tary sewer system in the study area. However, the existing sanitary sewer lines were designed to acco~date growth in the study area, including the ¢ommercial/multi-f-~ly development proposed northeast of Old Rocky Mount Road. Further extension of the lines, if needed, can occur through the City's "Main Ex:ension Policy" which provides for shared costs between the City and a developer. Storm drain facilities have been constructed in recent years along Southern Hills Drive. Plans are currently being developed for storm drainage facilities along Southern Lane to correct a street flooding problem. Community Facilities The following school systems serve the residents of the study area: 1982-83 Design School Enrollment Capacity Garden City Elementary (K-6) 343 Stonewall Jackson Jr. High (7-9) 560 Patrick Henry Senior High (12-13) 1,349 750 1,850 In general, these school systems are operating within design capacity and no problems are foreseen in the near future. In the past, school enrollments in the City have beam stable or have declined; s4m~lar trends are expected. The following recreational facilities serve the residents of the study area: Park Location T~pe Size Su=rise Park Chestnut Ridge Campground Sou:hem Hills Mill Mountain Parkway Neighborhood Regional 1.4 acres 63.1 acres Park facilities for the study area are adequate in terms of populatiom and area served. Sunrise Park was recently improved and expanded to provide additional facilities. Emergency services (fire and rescue) for the study area provided are by Fire Station No. 8 in South Roanoke and the Roanoke Lifesaving Crew at 4th and Day Avenue, S.W. Clearbrook Fire and Rescue Squad (Roanoke County) is available for support when necessary. Although City emergency facilities are several males from the study area, the community is adequately served at the present time. The Roanoke City Police Department includes the study area as an assigned patrol district, in general, because of the sparse population of the area, the crime rate is probably lower than in more densely populated areas of the City. FUTURE CONDITIONS Development Constraints The topography of the area limits the type and amount of development that can take place in the study area. For example, slopes of less than 10% are suitable for intensive land uses such as cow,~ercial, industrial, or high- density residential; slopes from 10%-20% present modest 14m~tations for development and are most suitable for a less intensive use such as residential; and slopes of greater than 20% pose major limitations for development and are best left undeveloped. As indicated in the preceding section on existing topography, approximately 50% of the study area has slopes from 10%-20% and about 30% of the area has slopes greater than 20%, leaving very little area suitable for commercial or other high intensity uses. Therefore, development in the study area is, and has historically been restricted primarily to sparse residential development, leaving major tracts of land undeveloped. The geology of the area also has limited past development. The soils and the groundwater availability in many portions of the study area are poor for providing sufficient sewage treatment and wa=er supply. Public water and sewer has been extended to certain parts of the study area, resolving some of the constraints and problems; however, the topography of the area, and the costs involved.(both private and public) with expanding services to some areas will probably restrict future development. At present it is anticipated that development in the future will be concentrated in the Southern Hills area and along the major roads through the area where utilities either can be easily connected to or extended. Transportation and access to portions of the study area could further affect the areas developed. While the major roads in the study area are in excellent condition and are operating a~ an excellent level of service, the slopes of :he area make access difficult iu some portions. Steep grades could direct future development to the more easily accessible regions of the study area. Future Land Use It is anticipated that future land uses in the study area will not change significantly from what currently exists. Residential and recreational uses are best suited for most of the land in the study area and will continue to be prevalent. More intensive residential uses can be expected for the areas along U.S. Route 220 and Old Rocky Mount Road where multi-f-~t ly developments have been proposed. Commercial uses will continue to be concentrated along the U.S. Route 220 corridor where the topography is most suitable and where access and visibility is best. Industrial uses are expected to remain in the vicinity of the quarry. No major changes in land use resulting from transportation improvements are expected. The Thoroughfare Plan shows no improvements through the area with the exception of a reco~endation from the Roanoke County 2000 Plan to connect the area further south on U.S. Route 220 with a circ~ferential roadway around the southern half of the Roanoke Valley. Future Population/Community and Public Facilities Until the proposed multi-family units are constructed in the area, the population of the neighborhood is expected to r-m~in relatively stable with minimal increases. If, and when, higher density residential units are cons:ructed, the population could be substantially increased to two or even three times the present population of approYtm~teiy 500. Such an increase is expected to have a major effect on co~,~unity facilities such as parks, schools and emergency services; however, it is anticipated that potential problems can be resolved during the prel~m4nar~ planning stages of the developments. Likewise, impacts on the transportation syste~ and public utilities are not expected to be severe. The co~ercial development proposed northeast of Old Rocky Mount Road would be served by a private access road from U.S. Route 220. The residential development proposed would probably utilize the study area's internal street system, but levels of service would still be expected to be good. The condominium development proposed west of Old Rocky Mount would have direct access to U.S. Route 220. The four-lane arterial presently carries approw~m~tely 20,000 ADT and would not be expected to be strained by the proposed future developments. Since public utili=ies are readily accessible to these areas, they would be made available to the sites by the developer with assistance from the City. CONCLUSIONS AND P, ECOMHENDATIONS The topography of the study area primarily limits the type of development to residential. Because of the steep terrain, the development which has and will continue to occur will be sparse, resulting in major tracts of vacant land. Hlgh-in:ansity uses (i.e., commercial, multi-family) are suitable for those areas with less than 10% slope. Consequently, such uses would not be suited to most of the study area and would be restricted primarily to the U.S. Route 220 corridor. The natural features of the study area not only limit development, but also provide an aesthetic quality to the neighborhood. The rural character of the area should be maintained in order to enhance the aesthetic quality, to protect the environmental features, and to prevent problems that arise in developing steep slopes (e.g., erosion, flooding, etC.) Zoning in the area should be consistent with the existing land uses. Consequently, the zoning should protect the rural residential character of the neighborhood and afford the opportunity for iow-density residential growth. At present, the C-1 zoning west of Old Rocky Mount Road is not appropriate. It is reco~ended :hat the zoning be changed to provide for low density residential use for properties fronting Old Rocky Mount Road and that the zoning for the properties fronting U.S. Route 220 remain office and instutional, C-1. Although a multi-f~m~ly development is proposed in this C-1 area and a general residential zoning (RG-1, RG-2) is perhaps more appropriate, such zoning would prohibit light coumnercial development along the highway corridor. The proposed zoning change is shown in Figure 10. LOCATION ~)'~ N MARY F. PARKER City C~erk CITY OF ROANOKE OFFICE OF THE CITY CLERK 275 Church Avenue, S W, Room 456 Roanoke, Virgima 24011 Telephone; {703) 981-2541 March 19, 1991 SANDRA H. EAKIN Deputy C~ty Clerk File #51 Mr. Bruce E. Mayer Attorney P. 0. 8ox 246 Vinton, Virginia 24179 Dear Mr. Mayer: I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant the request of your client, Allman Landscaping, Inc., that a tract of land located at 4210 Southern Hills Drive, described as Lots 1 and 2, Block 4, Section 1, Southern Hills (formerly referred to as Lots i and 2, Section 4), and Lots 1, 2 and 3, Block 8, Section 2, Southern Hills, Official Tax Nos. 5480401, 5480402, 5470501 5470503, inclusive, be rezoned from RS-3, Residential Single Family District, to RA, Residential Agricultural District, subject to certain conditions proffered by the petitioner. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, April 8, 1991, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W. For your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the rezoning, which notice and Ordinance were prepared by the City Attorney's Office. Please review the Ordinance and if you have questions, you may contact Mr. Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the Planning Commission report should be directed to Mr. John R. Marl les, Chief of Community Planning, at 981-2344. Sincerely, ~4ary F. Parker, C~C/AAE City Clerk MFP: r a PUBLIC49 ~,nc. Mr. Bruce E. Mayer March 19, 1991 Page 2 pc: Administrator Mr. John R. Commission Ms. Doris Layne, North Carolina National Bank, c/o NCNB for Hunting Hills, 121 West Trade Street, Charlotte, North Carolina 28255 Mr. W. R. Grant, 4247 Griffin Road, S. W., Roanoke, Virginia 24014 Mr. & Mrs. James H. Jordon, 4237 Griffin Road, S. W., Roanoke, Virginia 24014 Mr. JamesA. Tyree, 502McDowell Avenue, N.W. Roanoke, Virginia 24017 , Mr. & Mrs. Alvin Turner, 4318 Bristol Road S. Virginia 24014 , Roanoke, Mr. & Mrs. James L. Taylor, 4146 Southern Hills Drive, S. Roanoke, Virginia 24014 Mr. & Mrs. W. F. Cobbs, 4208 Southern Hills Drive, S. Roanoke, Virginia 24018 Mr. & Mrs. Robert Gravely, 4134 Southern Lane, S. W., Roanoke, Virginia 24014 Mr. &Mrs. Lewis K. Gravely, 4325 Southern Lane, S. W., Roanoke, Virginia 24014 Edmond Gravely Estate, c/o Ms. V. Patricia Gravely, 21Corey Circle, Hampton, Virginia 23663 Mr. WilliamC. Gravely, c/o Ms. PatriciaGravely, Executor, 4156 Griffin Road, S. W., Roanoke, Virginia 24014 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Coo~nission, p. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Charles A. Price, Jr. Chairman, City Planning Commission ' Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Marlles, Agent/Secretary, City Planning Office of Real Estate Valuation CIIY C~ ~O~Nwic C/O M~KY 6 F~iqKcm ~CQM ~5~ ML~,ICIP~L ~Ldb KuANQKb V~ £~uIl STATe UF VINGLNI,~ CiTY CF ~,u~i~CJ(,~ AFFIdaViT CF PU~L1CAIIuN UP Thc ROANOKe li~d3 ~ ~uKL~-,~J~ A THE STATE OF ViR~INIA~ OC CbRTIFY FH~I NEwSPAPcK5 UN ThE FULLQ~INo ~AICS 03/22/Y1 03/29/91 ~,II'NLSS, f /,/>, ?/ ~,/' c AUT~Ui*i ZriO SiuN~FUKE NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, April 8, 1991, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on the question of rezoning from RS-3, Residential Single Family District, to RA, Residential Agricultural District, the following property: A tract of land lying at 4210 Southern Hills Drive, being Lots 1 and 2, Block 4, Section 1, Southern Hills (formerly referred to as Lots 1 and 2, Section 4), and Lots 1, 2, and 3, Block 8, Section 2, Southern Hills, and consisting of Official Tax Nos. 5480401, 5480402, 5470501, 5470502 and 5470503, such rezoning to be sub- ject to certain proffered conditions. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. Ail parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 20th day of March , 1991. Mary F. Parker, City Clerk. Please publish in full twice, once on Friday, March 22, 1991, and once on Friday, March 29, 1991, in the Roanoke Times and World News, Morning Edition. Please send publisher's affidavit and bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: ~' Request from Allman Landscaping, Inc., represented by) Bruce E. Mayer, attorney, that property located at 4210 Southern Hills Drive, SW, described as Official Tax Nos. 5480401, 5480402, 5470501, 5470502 and 5470503, be rezoned from RS-3, Residential Single Family District to RA, Residential Agricultural District, such rezoning to be subject to certain conditions proffered by the petitioner. COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Secretary of 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 ~15.1-341) 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 25th of February, 1991 notices of a public hearing to be held on the 6th day of March, 1991, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL OWNERt AGENT OR OCCUPANT ADDRESS North Carolina National Bank c/o NCNB for Hunting Hills W. R. Grant 5470116 5470201 5470202 James H. Jordon Martha T. Jordon 5470504 James A. Tyree 5470505 5470506 Alvin Turner Jeanette B. Turner 5480403 James Lee Taylor 5470109 Frances C. Taylor 5480404 City of Roanoke 5480405 5480406 121 W. Trade St. Charlotte, NC 28255 4247 Griffin Road ~%u Roanoke, VA 24014 Route 7, Box 233 Salem, VA 24153 4237 Griffin Road~%~ Roanoke, VA 24014 502 McDowell Avenue ~ Roanoke, VA 24017 4318 Beistol Road-%~J Roanoke, VA 24014 6211 Central Avenue Capitol Heights, MD 20743 4146 Southern Hills D..~<~ Roanoke, VA 24014 5480301 5480302 5480303 5470111 5470112 W. F. Cobbs Virginia L. Cobbs Robert Gravely Mandy P. Gravely Lewis K. Gravely Mary DeLois Gravely 4208 Southern Hills D.-~ Roanoke, VA 24018 4134 Southern Lane-~oO Roanoke, VA 24014 4305 Chevy Road, SW Roanoke, VA 24014 4325 Southern LaneS~ Roanoke, VA 24014 25612 Forest View Southfield, MI 48034 5470114 5470115 Edmond Gravely Estate c/o V. Patricia Gravely william C. Gravely c/o Patricia Gravely, Exec. 21 Corey Circle Hampton, VA 23663 4156 Griffin Road3 Roanoke, VA 24014 4156 Southern Lane, SW Roanoke, VA 24014 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 26th day of February; 19~1. / Notary Public / My Commission Expires: MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $ W, Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 April 17, 1991 SANDRA H. EAKIN Deputy CITy Clerk File #66 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At the regular meeting of the Council of the City of Roanoke held on Monday, April 15, 1991, Mr. Ren T. Heard, 1306 Salem Avenue~ S. W., complained about disruptive activities taking pla nightly in the area of Rorer Avenue and Salem Avenue, such ~ people congregating and disturbing the peace, gunfire, illegal drugs, and drinking, and suggested that black police officers be assigned to patrol the neighborhood. On motion, duly seconded and adopted, the matter was referred to you for study, report and recommendation to Council. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra pc: Mr. Ran T. Heard, 1306 Salem Avenue, S. W., Roanoke, Virginia 24016 Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. M. David Hopper, Chief of Police