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HomeMy WebLinkAboutCouncil Actions 08-26-91 (30671) REGULAR WEEKLY SESSION .... ROANOKE CITY COUNCIL August 26, 1991 7:00 p.m. AGENDA FOR THE COUNCIL OAKLAND ELEMENTARY SCHOOL Call to Order -- Roll Call. Mayor Taylor was absent. The invocation will be delivered by The Reverend Paris E. Bain, Pastor, Peters Creek Church of the Brethren. Present. The Pledge of Allegiance to the Flag of the United States of America will be led by Vice-Mayor Howard E. Musser. io PUBLIC HEARINGS Public hearing to receive comments on the proposed application for a HUD Section 108 loan guarantee for the City of Roanoke. Mr. W. Robert Herbert, City Manager. Adopted Resolution No. 30671-82691. (6-0) The City Msnsger and City Attorney were instructed to prepare documents similar to those used in the Womeeo Coca-Cola Bott]~ Company A~eement to insure employment of as m~ny Roanoke a~ea residents as possible in the Hotel Roanoke/Conference Center work force, and to insure that construction workers from the Roanoke ar~a will be employed to renovate the Hotel Roanoke. 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 MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 C-2 C-3 C-4 o A communication from Vice-Mayor Howard E. Musser requesting an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. A communication from Council Member David A. Bowers with regard to the selection of the new Manager of the Roanoke Regional Airport. RECOMMENDED ACTION: Receive and file. A communication from Council Member David A. Bowers with regard to an allocation of $40,000.00 by the City into a reserve fund in connection with obtaining mortgage money to construct or rehabilitate housing for the less fortunate. RECOMMENDED ACTION: Refer to the City Manager for study, report and recommendation to Council at its meeting on Monday, September 9, 1991. Qualification of Mr. Fletcher L. Nichols, Jr., to fill the unexpired term of Ms. Vicki Stauffer ending June 30, 1993, and Mr. Kemper A. Dobbins and Ms. Harriett M. Stokes for terms of three years each, ending June 30, 1994, as members of the Roanoke Arts Commission. RECOMMENDED ACTION: Receive and file. A corem,] nication from the City Manager requesting an Executive Session to discuss disposition of publicly held property, specifically lease of a public building and adjacent propel~ty, and to discuss specific legal matters requiring the provision of legal advice by counsel, specifically the terms and conditions of a lease agl~ement, pursuant to Sections 2.1-344 (A)( 3 ) and 2.1- 344(A) (7), Code of Virg~nla (1950), as amended; cencurrsd in roquest. Request of Council Member David A. Bowers for an Executive Session to discuss a mattel? of probable litigation, pursuant to Section 2.1-344(A) (7), Code of Vil~nia (1950), as amended; cencurrod in rsquest. REGULAR AGENDA Hearing of Citizens Upon Public Matters: ao Request of Downtown Roanoke, Inc., to present a report on the activities during the past year and the state of downtown. e Mr. William S. Hubard, President, Downtown Roanoke, Inc. Received and fried with appreciation. Ms. Julia H. Rader, 3315 Troy Avenue, N. W., and Mrs. William H. Bushm~n, Sr., 3309 Trey Avenue, N. W., complained about eruiain~ on Willi,,mson Road. Ms. Dottie Sink, 802 Mountain Avenue, S. E., called attention to the number of oats that have been put to sleep as a result of the recently enacted Ordln~nce reguiatin~ the number of cats per household. The matter of cruising on WiHi~mson Road was referred to the City Manager for report and recommendation to Council. The City M~m*ger, or his designee, was requested to discuss proposed revisions by Ms. Sink to the Ol'dinance reguiating eats. Petitions and Communioationa: A communication from the Roanoke City School Board recommending appropriation of $1,414,555.00 for operation of the Magnet School Programs at Addison Aerospace Middle School and Fairview World of Plants and Animals. Adopted Orclin~ce No. 30672-82691. (6-0) A communication from the Honorable Donald S. Caldwell, Commonwealth's Attorney, recommending establishment of a grant fund account for cash assets forfeited to the Office of the Roanoke City Commonwealth's Attorney; and appropriation of funds therefor. Adopted Ordinance No. 30673-82691. (6-0) A report of the City Manager concurring in the above recommendation. Received and fried. Reports of Officers: a. City Manager: Briefings: None. Items Recommended for Action: o A report recommending approval of a Community Development Block Grant loan, not to exceed $14,800.00, to Lewis J. Lambert, Jr., and Kathy R. Lambert, for the purchase and rehabilitation of property located at 806 Rorer Avenue, S. W., under the Home Purchase Assistance Program. Adopted Ordinance No. 30674-82691. (6-0) A report recommending award of an engineering services reimbursement, with cost ceiling contract, to Mattern & Craig, Inc., in association with Alvord, Burdiek & Howson, Consulting Engineers, in an amount not to exceed $1,769,400.00, in connection with Carvins Cove Improvements, Phase I. Adopted Ordinance No. 30675-82691 and Resolution No. 30676- 82691. (6-0) A report recommending approval of a request of the Northwest Recreation Club to construct a permanent structure at the Westside Elementary School ballfield. Adopted Ordinance No. 30677 on first reading. (6-0) A report recommending acceptance of an "America the Beautiful" grant, in the amount of $4,995.23, from the Virginia Department of Forestry, to be used for development of a computerized Tree Management Program; and appropriation of funds therefor. Adopted Ordinance No. 30678-82691 and Resolution No. 30679- 82691. (6-O) A report recommending the purchase of nine portable radios and related accessories in order to provide members of the C. O. P. E. Team with instant and reliable communications capability; and transfer of funds therefor. Adopted Ordinance No. 30680-82691. (6-0) A report recommending execution of a lease extension agreement with Virginia Polytechnic Institute and State University, in order to extend the present lease of space at 111 - 117 Church Avenue, S. W., for a period of two years from August 1, 1992 to July 31, 1994. Adopted Ordinance No. 30681 on first re. ding. (6-0) A report recommending appropriation and transfer of funds to meet anticipated expenditures for certain highway projects for fiscal year 1991-92. Adopted O1-Hin~,mce No. 30682-82691. (6-0) b. Director of Finance: 1. A financial report for the month of July, 1991. Received and filed. A report with regard to a Short-Term Cash Manager for the City of Roanoke. Adopted Resolution No. 30683-82691. (6-0) 3. A status report on bingo operations in the City of Roanoke. Received and filed. Reports of Committees: A report of a committee appointed to tabulate bids received for improvements to Towne Square Boulevard and Airport Road, recommending award of a contract to H. & S. Construction Company, in the total amount of $95,468.91. Council Member William White, Sr., Chair. Adopted Ord{n~nce No. 30684-82691. (6-0) bo A report of a committee appointed to tabu]ate bids received for alterations and additions to the Grandin Court Recreation Center, recommending award of a contract to Williams Painting and Remodeling, Inc., in the total amount of $49,000.00. Council Member William White, Sr., Chair. Adopted OlnHnnnce No. 30685-82691 and Ordin~ance No. 30686-82691. (6-0) Unfinished Business: None. Introduction and Consideration of Ordinances and Resolutions: Ordinance No. 30644, on second reading, rezoning two parcels of land lying on the southwest corner of the intersection of 13th Street and Cleveland Avenue, S. W., containing . 77 acre, more or ]ess, identified as Official Tax Nos. 1220901 and 1220902, from RM-2, Residential Multi- Family, Medium Density District, to C-1, Office District, subject to certain conditions proffered by the petitioners. Adopted Ordinance No. 30644-82691. (6-0) Ordinance No. 30645, on second reading, rezoning a tract of land located at 1011 Kimball Avenue, N. E., containing .82 acre, more or less, identified as Official Tax No. 3030201, from HM, Heavy Manufacturing District, to LM, Light Manufacturing District. Adopted Ordln~nce No. 30645-82691. (6-0) Ordinance No. 30646, on second reading, permanently vacating, discontinuing and closing a portion of 20th Street and Westport Avenue, S.W. Adopted Ordin~n~e No. 30646-82691. (6-0) Ordinance No. 30647, on second reading, authorizing the temporary closure by barricade of Maitland Avenue, N. W., between Williamson Road and Woodbury Street. Adopted Ordinnnce No. 30647-82691. (5-1, Council Member Bowers voted no. ) Ordinance No. 30648, on second reading, amending Section 36.1, Zoning, of the Code of the City of Roanoke, 1979, as amended, to include amendments which are deemed necessary to ensure that the City's development regulations are responsive to current development needs and community issues. Adopted OrdinRnce No. 30648a-82691. (6-0) A Resolution cancelling the meeting of the Council of the City of Roanoke scheduled for Monday, December 16, 1991, at 2:00 p.m. Adopted Resolution No. 30687-82691. (6-0) A Resolution designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Meeting of the National League of Cities. Adopted Resolution No. 30688-82691. (6-0) Motions and Miscellaneous Business: Inquiries and/or comments by the Vice-Mayor and Members of City Council. 6 10. A communication from Ms. Renee' Evans, 4513 Old Mountain Rood, N. F.., ~lllng attention to a drainAo~re ditch at the rear of her property which is in danger of caving in was before Council. The matter was referred to the City bmA,~ger for investigation and report by the regular meeting of Council on Monday, September 23, 1991. Vacancies on various authorities, boards, commissions and committees appointed by Council. Other Hearings of Citizens: Certification of Executive Session. (6-0) Appointed the following persons: Marjorie S. Smithey - Youth Services Citizen Board Mark D. Heath - Economic Development Commission Adopted Resolution No. 30689-82691 reappointing Mrs. Jo Anne Just. is as a Commissioner of the Board of Commissioners of the City of Roanoke Redevelopment and Housing Authority. Adopted Ordins~ca No. 30690-82691 gr~nting to Jefferson Center Foundation a revocable license to enter upon City property, for the purpose of perfol~nin~ prelimin~t-y architectural and engineering studies. (6-0) MARY F. PARLOR City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 August 28, 1991 File #178-247-258-329 SANDRA H. EAKIN Deputy City Clerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30671-82691 authorizing you to apply for a loan of federal funds, with the United States Department of Housing and Urban Development, in the amount of $6,000,000.00, pursuant to provisions of Part 570, Chapter V, Title 24, Code of Federal Regulations, to execute any and all documents necessary to secure such loan for the City, to negotiate the terms and conditions of such loan, and to negotiate the investment of such funds in The Hotel Roanoke project. Resolution No. 30671-82691 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 26, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra Eric. pc: Dr. Raymond D. Smoot, Jr., Vice President for Business Affairs and Treasurer, Virginia Tech, 312 Burruss Hall, Blacksburg, Virginia 24061-0142 Mr. David L. Waitemath, President, Classic Properties, 3520 General DeGaulle Drive, Suite 1100, New Orleans, Louisiana 70114 Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Ms. Martha B. Boxley, Acting Director, Roanoke Vailey Preservation Foundation, P. O. Box 1558, Roanoke, Virginia 24007 Mr. Joel M. Schlanger, Directol' of Finance Mr. Brian J. Wishneff, Chief of Economic Development Ms. Marie T. Pontius, Grants Monitoring Administrator MARY F. PARKER City Clerk CITY OF ROANOKF OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 August 28, 1991 File #258-247 SANDRA H. EAKIN Deputy City Clerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Mr. Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia Gentlemen: At the regular meeting of the Council of the City of Roanoke held on Monday, August 26, 1991, you were instructed to prepare documents, similar to those used in the Wometco Coca-Cola Bottling Company Agreement, to insure employment of as many Roanoke area residents as possible in The Hotel Roanoke/Conference Center work force, and to insure that construction workers from the Roanoke area will be employed to renovate The Hotel Roanoke. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIa, The 26th Day of August, 1991. No. 30671-82691. A RESOLUTION authorizing the City Manager to apply for a loan of federal funds in the amount of $6,000,000 pursuant to the provisions of Part 570, Chapter V, Title 24, Code of Federal Regulations, to execute any and all documents necessary to secure such such Hotel loan for the City, to negotiate the terms and conditions of loan, and to negotiate the investment of such funds in the Roanoke project. BE follows: 1. IT RESOLVED by the Council of the City of Roanoke as The City Manager or the Assistant City Manager is hereby authorized to apply to the United States Department of Housing and Urban Development for a loan of federal funds in the amount of $6,000,000 pursuant to the provision of Part 570, Chapter V, Title 24, Code of Federal Regulations, on terms and conditions as more specifically set forth in a report to Council from the City Manager dated August 21, 1991, and to execute any and all documents on behalf of the City necessary to make application for such loan. 2. The City Manager is hereby authorized to negotiate the final terms of the loan, including the loan amount, term, rate and collateral with the United States Department of Housing and Urban Development, such final terms being subject to approval of this Council. 3. The City Manager is hereby authorized to negotiate with the owners of the Hotel Roanoke the terms and conditions of the investment of the federal fund loan proceeds in the Hotel Roanoke project, the final agreement as to investment of the funds being subject to the approval of this Council. ATTEST: City Clerk. August 26, 1991 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Council Members: Subject: Hotel Roanoke/Conference Center project I. BACKGROUND: Classic Properties of Virainia was selected as the ~ proposed developer for the Hotel Roanoke/Conference Center project in May 1991. ~ Perez Architects, Classic Properties and Coopers and ~ Lybrand were hired by the City of Roanoke and Virginia Tech Real Estate Foundation in June 1991 to provide estimates on the utilization of the Conference Center the necessary number of rooms, square footage and ultimately schematic design and cost of the conference center. Simultaneously Classic Properties of Virginia is working on similar information related to the Hotel rooms. Complete budqets and proformas on the Hotel and Conference Center project are expected to be completed in mid-October 1991. "Conventional" or normal "financinq" for major headquarters hotel projects does not exist in the United States today. Therefore, creative financing involving the City, Virginia Tech and the community will be necessary in order to have a successful project. Department of Housinq and Urban Development (HUD) has proposed new regulations concerning Section 108 funds which increase the amount that entitlement cities can borrow from three times entitlement to five times entitlement and have stretched the maximum allowable loan period from six to twenty years. If adopted, these proposed regulations could take effect as early as the next 30-45 days. Section 108 funds can be used for economic development projects if they meet the city's Community Development objectives and the national objectives. Creation of jobs is one of the three national objectives and it is expected that the Hotel Roanoke/ Conference Center project would create 400+ jobs as part of the entire project. ADDroximatelv 50% of Section 108 funds remain until thm end of the Federal Fiscal year or September 30, 1991. House of Representatives has passed a new housing bill for FY 92-93 which includes an allocation of funds for Section 108 programs; however, the full Senate has not acted on the measure. Although we believe funds will be available for next fiscal year, there is no guarantee. In addition, it is felt that if and when the new regulations take effect that the popularity of the program will increase significantly and the money, (which is allocated to eligible projects on a first come first served basis), will be in great demand. Gettinq an allocation set aside for the City of Roanoke before the end of the fiscal year, assuming the money is available and assuming the new proposed regulations take effect, would allow us to reserve an allocation. If we do not get approved this fiscal year, action now would put us first in line the following fiscal year for a program which is going to have increased popularity among localities. Reservin~ an allocation of funds now does not commit the City to going forward with signing a loan agreement with HUD nor an agreement with the owners of the Hotel Roanoke. It puts the City in the position of being able to review all the proforma numbers on the Hotel in October and to make a determination at that point if and when and how the funds might be used in the Hotel Roanoke project. II. ISSUES: A. Funding. B. Timing. C. Hotel Roanoke Project. III. ALTERNATIVES: ao Alternative A authorizes the City Manaqer to submit a Section 108 application for $6 million for an allocation of funds for the Hotel Roanoke project. Authorize the City Manager to negotiate the final loan amount terms, rate and collateral with HUD. Such a document would be brought back to City Council for approval. Authorize the City Manager to negotiate, if necessary, with owners of the Hotel Roanoke, potential investment of the funds, either through the City of Roanoke or through the Roanoke Redevelopment and Housing Authority (RRHA) into the Hotel Roanoke project. The final decisions as whether to invest the funds and how and under what conditions are to be approved by City Council. Funds of approximately $6 million from the 108 program would be requested under proposed new federal regulations. The proposed collateral on the loan with HUD would be the City's future Community Development BlOck Grant allocations as well as whatever security position the City or the RRHA, might have in the Hotel Roanoke project. It is estimated that the rate the city would borrow the 108 funds for is approximately 9.15%, or a debt service of approximately $660,000 annually. Revenue from the Hotel Roanoke investment would go towards offsetting that cost. If there was a shortfall in any one year, the Community Development Block Grant program allocation would make up the difference as it currently does, for example, with the Consolidated Coca-Cola project. The City has two current 108 loans, one for Coca- Cola project and the other for Shaffers Crossing/Deanwood. We will spend in 1992-93 $326,308 of our CDBG allocation to pay off these loans. Next year will be the last year of payment on the Shaffers Crossing/Deanwood. 1994-95 will be the last year of payments on the Coca-Cola project. Therefore, over $326,000 would be freed up out of the current Community Development Block Grant allocation or approximately half of the estimated debt service on the Hotel Roanoke project. Timing is important in that we are attempting, though it will be extremely difficult, to get an allocation before the year ends or at least be first in line for the next fiscal year as money is allocated on a first come first served basis. Hotel Roanoke project will generate an estimated $1 million in direct local taxes and will provide approximately 400 jobs. The future likelihood of the redevelopment of Gainsboro, Henry Street and the future of the City's Trade and Convention Center all are riding on the successful financing of the Hotel Roanoke project. Under the right circumstances, such 108 funds may be necessary in order to succeed in putting the financing together on the project. Alternative B, does not authorize the city ManaGer to submit a Section 108 application for $6 million for an allocation of funds for the Hotel Roanoke Pro~ect. A. Funding is not an issue. B. Timinq is not an issue. Hotel Roanoke project financing is potentially in jeopardy. We will not know until mid-October, 1991, what the complete numbers on the project look like and therefore, what, if any, financing the project can support. IV. RECOMMENDATION: Recommend Alternative A to authorize the city Manager to submit a Section 108 application pursuant to applicable federal regulations for $6 million for an allocation of funds to be borrowed up to 20 years for the Hotel Roanoke project. Authorize the city Manager to negotiate the final loan amount terms, rate and collateral with HUD. Such a document would be brought back to city Council for approval. Authorize the city Manager to negotiate, if necessary, with owners of the Hotel Roanoke, potential investment of the funds, either through the city of Roanoke or through the Roanoke Redevelopment and Housing Authority into the Hotel Roanoke project. The final decisions as whether to invest the funds and how and under what conditions are to be approved by city Council. Respectfully submitted: W. Robert Herbert City Manager WRH/BJW:kds cc: Brian J. Wishneff, Chief, Economic Development Wilburn C. Dibling, city Attorney Joel M. Schlanger, Director of Finance Herbert McBride, Executive Director, RRHA Marie Pontius, Grants Monitoring Administrator Ray Smoot, Virginia Tech Foundation David Waltemath, Classic Properties O~A · FEDERAL ASSISTANCE August 27 1991 B-91-MC-51-0020 ~ c~,,,~,~ i_n ~,~,~ City of Roanoke, Virg'inia Independent City Office of the City Manager 215 Church Ave SW Brian J. Wishneff Roanoke, Virginia 24011 Chief of Economic Development (703) 981-2715 U.S. Dept of ~ousing & Urban Developme~ Section 108 Loan to assist with the ~E: renovation of the Hotel Roanoke Section 108 Loan Guarantee 19 North Jefferson Street, Roanoke, City of Roanoke, Virginia 2/1/92 2/1/94 Sixth : Sixth a ~ I 6,000,000 '~ · o,~ ~ 24,000,000 ~ ~o~ s 30,000,000 '~ W. Robert Herbert City Manager (703)9R1-~ HUD SECTION 108 LOAN ~UARA~T=E LOAN APPLICATION HOTEL ROANOKE/CONFERENCE CENT~KPROJECT ROANOKE, VIRGINIA Summary of Proposal The City of Roanoke proposes to borrow $6,000,000 in Section 108 loan guarantee funds to be used, either by the City or the Roanoke Redevelopment and Housing Authority, as a part of the overall financing of a project to renovate the Hotel Roanoke and construct a new conference center addition. The primary objective of this project is the creation of approximately 400 new jobs, of which at least 51 percent will be available to low and moderate income persons. This project is located at 19 North Jefferson Street in Roanoke, Virginia. The funds are expected to be used as either a loan to the overall financing of the project, and/or a loan guarantee, and/or a loan loss reserve. Repayment will be made over a period of up to twenty years by the return on investment from the Hotel project and the possible use of some funds from the City's annual Community Development Block Grant (CDBG) entitlement. Hotel Roanoke I9 Jefferson Street N.E.. Roanoke Cit3 Begun IS~2 PROJECT DESCRIPTION I. Problem Statement or Assessment of Need: The Hotel Roanoke was a 350 room luxury hotel, built overlooking downtown Roanoke in 1882 as the centerpiece of the Norfolk and Western Railroad, then headquartered in Roanoke. For over 100 years, the Hotel Roanoke has been architecturally, spiritually, socially, and economically a dominant force in the city. For many people, it is what they think of when Roanoke, Virginia is mentioned. In 1989, after a corporate decision to withdraw from the hotel business, the Norfolk Southern Corporation donated the hotel to the Virginia Tech Real Estate Foundation and closed the doors. Approximately 350 people lost their jobs, and the City started losing $400,000 annually in combined taxes -- room tax, meals tax, sales tax and real estate taxes. Perhaps as important was the loss of a "headquarters" hotel for downtown to attract conventions and conferences, and the loss of income to downtown businesses. The adjacent downtown core business district has been making remarkable progress since the City's revitalization efforts began in 1979, with the help of a HUD UDAG, but the closing of the Hotel has been a severe blow to the shops and restaurants in this area in terms of lost tourist revenue. This has resulted, in part, in the closing of some downtown businesses and the lay-off, of employees at some of the remaining businesses. In addition to being a commercial anchor for the downtown, the Hotel Roanoke, and its adjacent Norfolk Southern offices, occupy a prominent position in the Gainsboro neighborhood. This neighborhood of predominantly black, low and moderate income families, has historically relied on the Hotel and the railroad for employment. The longer the Hotel remains empty, coupled with the railroad's vacating of its offices to another downtown site a mile away, the more problems of decline this neighborhood faces. II. Current Status of Pro~ect: When the City learned of the railroad's intentions to relocate its offices and close the hotel, they began planning jointly for the future. In 1989, the City, Norfolk Southern, and Dominion Bankshares, (a local bank), funded a master plan, called FOCUS '89, for the northern part of downtown Roanoke. That plan included recommendations of sites for several major office projects, a pedestrian bridge connecting the north and south sides of the railroad track, a conference center to adjoin a renovated Hotel Roanoke, and a new convention center. Since that time, two new major office buildings are being built in the areas proposed - one of them will house the relocated offices of the Norfolk Southern Corporation. The second building is the Dominion office tower built across the railroad tracks and to the south of the Hotel Roanoke. Funding for the pedestrian bridge is in place and waiting success of the Hotel Roanoke project. Since December 1989, when the Hotel Roanoke was gifted by Norfolk Southern to the Virginia Tech Real Estate Foundation, the Foundation and the City have been working in partnership to find a developer to renovate the hotel. In May 1991, the Virginia Tech Real Estate Foundation selected Classic Properties of Virginia as the proposed developer for the renovation of the Hotel Roanoke, and construction of the conference center to be connected to it. In 1991 the City and Virginia Polytechnic Institute and State University (VPISU) went to the Virginia General Assembly to get approval for the establishment of a Hotel Roanoke Conference Center Commission. As a result, Virginia Tech and the City of Roanoke are equal partners in the project to finance and construct the conference center to be attached to the Hotel Roanoke. The Virginia Tech Real Estate Foundation has pledged $4 million, and the City has pledged $4 million through estimated future tax revenues to construct the conference center. III. Program Objectives: ae Increase jobs in the downtown area of the City by a minimum of 400 jobs, consisting of the 350 jobs lost with the closing of the Hotel Roanoke, plus an additional 50 jobs for the new conference center. Be Provide an economic anchor for the northern edge of the Roanoke central business district, which will allow for continuation of the total economic development plan as outlined in FOCUS '89. Ce Increase commercial revenue by 25% to local businesses through tourist and convention trade. Increase tax revenues to the City over the long run. If the project is successful, all tax revenues from the Hotel and conference center will be reinvested in the project for the next 20 years. However the long-range benefit to the city would be even greater than prior to the hotel's closing. IV. Methods: Renovate the Hotel Roanoke and construct an ad~oinin~ new conference center, at a cost of approximately $30 million. The hotel will be renovated by Classic Properties of Virginia, and then leased to a major hotel operator. Virginia Tech is expected to attract many conferences to the hotel and will make the hotel their headquarters for continuing education management training work. Tech is the land-grant university for the State of Virginia and therefore, public service is a part of their activities. They desire to increase their efforts in continuing education and management training in a significant way. The Hotel Roanoke/Conference Center project would be the vehicle for them to accomplish this. Thus, they would be bringing a whole new industry to Roanoke which does not now exist. The Hotel Roanoke is located at 19 North Jefferson Street, Census Tract 11, in the Gainsboro Redevelopment Area. See Attachment E for map. in This activity would address the broad national objective of benefit to low and moderate income persons through the creation of jobs. Of the 400 jobs expected to be created, a minimum of 51 percent will be available to low and moderate income persons. In general the nature of the hotel and conference center related jobs will encourage this, but the Virginia Employment Commission will also be recruited to assist in the filling of the jobs with persons from low to moderate income families. This activity will be eligible under HUD regulations 24 CFR 570.203(b) Special economic development activities. V. Budget: It is estimated that renovation of the Hotel Roanoke will be approximately $30 million. Discussions with investment bankers have concluded that approximately 50 percent of the project financing for the hotel is possible as a first mortgage. Therefore, additional loans and/or equity for the other 50 percent must be forthcoming. Virginia Tech Real Estate Foundation, Classic Properties and other investors are expected to bring significant equity. A major part of this piece has to be the $6 million that the City of Roanoke or the Roanoke Redevelopment and Housing Authority can invest in the Hotel Roanoke project. The final amount, terms and form of the investment would be subject to further negotiations with the developer of the Hotel Roanoke project. Sources of funds for the entire $30 million Hotel Roanoke project are estimated as follows: First mortgage loan and/or sale of taxable bonds $15 million 2. Section 108 loan guarantee - $6 million. 3. Equity - $9 million TOTAL $30 million VI. Loan Repayment Schedule: The loan will be repaid in equal annual payments submitted by the City of Roanoke to HUD in September of each year for up to twenty (20) years. Be Sources of repayment will be 1) repayment by the hotel developers to the City or the Roanoke Redevelopment and Housing Authority (RRHA), of a second mortgage and 2) the City's annual CDBG entitlement. Security for the project will include the City's future CDBG allocation as well as the City's and/or Housing Authority's investment in the Hotel Roanoke project. VII. Attachments: Initial plans concerning the renovation of the Hotel Roanoke. Certification by the City Attorney that the City of Roanoke possesses legal authority to make the pledge of grants required under 24 CFR 570.702(a)(2) and proposed 24 CFR 570.705(b)(2). Certification that the City of Roanoke has made efforts to obtain financing without the use of the loan guarantee. De Required HUD Community Development Block Grant Certifications. E. Project area map. F:APPLICAT.108 ATTACHMENT A Initial plans concerning the renovation of the Hotel Roanoke will be submitted with application to HUD. Plans are not available yet. ATTACHMENT B CERTIFICATION PURSUANT TO C.F.R. S570.702(b)(4) I, Wilburn C. Dibling, Jr., City Attorney for the City of Roanoke, Virginia, hereby certify that in my opinion the City of Roanoke possesses the legal authority, in order to assure the repayment of notes or other obligations and charges incurred under Subpart M, Part 570, Chapter V, Title 24, Code of Federal Regulations and as a condition for receiving loan guarantee assistance, to pledge any grant approved or for which the City may become eligible under Part 570, Chapter V, Title 24, Code of Federal Regulations. My opinion as to the City's legal authority is limited to the pledge of the aforementioned grants, and does not extend, otherwise, to pledge of the full faith and credit of the City or to a pledge of revenue of the City from any other source. The Council of the City of Roanoke has, by Resolution No. , adopted on August 26, grants as a condition the City is applying. requirements of 1991, authorized the pledge of the aforesaid for receiving the loan guarantee for which This certification is made pursuant to the 24 C.F.R. S570.702(b)(4) Wllburn C. Dtbling, Jr. City Attorney for the City of Roanoke, Virginia Date: ATTACHMENT C 570.702 b.5 Assurance of Effort to Obtain Alternative Financing I hereby certify that the City of Roanoke has made efforts to obtain financing for activities described in this application without use of the loan guarantee, that the City of Roanoke will maintain documentation of such efforts for the term of the loan guarantee, and that the City of Roanoke cannot complete such financing consistent with the timely execution of the program plans without such guarantee. Signed: Title: City ManaKer~ City of Roanoke ATTACHMENT D page 1 COMHUNIT? DBVELOPMBNT BLOCK GRANT GRANTBB CBRTIFICATIONS In accordance with the Housing and Community Development Act of 1974, es amended, and with 24 CFR 570.303 of the Community Development Block Grant regulations, the grantee certifies that: (a) It possesses legal authority to make a grant submission and to execute a community development and housing program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement and amendments thereto and all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required; (c) Prior to submission of its final statement to HUD. the grantee has: 1. Net the citizen participation requirements of ~570.301(b); 2. Prepared its final statement of community development objectives and projected use of funds in accordance with ~570.301(c) and made the final statement available to the public; (d) It is following a detailed citizen participation plan which: 1. Provides for and encourages citizen participation, with particular emphasis on participation by persons of low and moderate income who are residents of slum and blighted areas and of areas in which funds are proposed to be used, and provides for part~cipation of residents in iow and moderate income neighborhoods as defined bF the local Jurisdiction; Provides citizens with reasonable and timely access to local meetings, information, and records relating to the grantee's proposed use of funds, es required bF the regulations of the Secretary, and relating to the actual use of funds under the Act; Provides for technical assistance to groups representative of persons of low and moderate income that request such assistance in developing proposals with the level and type of assistance to be determined bF the grantee; ~/90 ATTACHMENT D page 2 Ce) (f) (g) (h) -2- Provides for public hearings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least the development of needs, the review of proposed activities, and review of program performance, which hearings shall be held after adequate notice, at times and locations convenient to potentia! or actual beneficiaries, and with accommodation for the handicapped; Provides for a timely written answer to written complaints and grievances, within 15 working days where practicable; and Identifies how the needs of non-Bnglish speaking residents will be met in the case of public hearings where a significant number of non-lnglish speaking residents can be reasonably expected to participate; The grant will be conducted and administered in compliance with: 1. Title VI of the Civil Rights Act of 1964 (Public Law 88-352, 42 U.S.C. ~1000d e~ sea.); and 2. The Fair Housing Act (42 U.S.C. 3601-20); It will affirmatively further fair housing; It has developed its final statement of projected uae of funds so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight; (the final statement of projected use of funds may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); except that the aggregate use of CDBG funds received under section 106 of the Act, and if applicable, under section 108 of the Act, during the 1989,90&91 program year(s) (a period specified by the grantee consisting of one, two. or three consecutive years), shall principally benefit persons of Iow and moderate income in a manner that ensures that not less than 70 percent of such funds are used for activit~es that benefit such persons during such period; It has developed a community development plan, for the period specified in paragraph (g) above, that identifies community development and housing needs and specifies both short and long-term community development objectives that have been developed in accordance with the primary objective and requirements of the Act; 11/90 ATTACHMENT D page 3 -3- (l) It is following: A current housing affordabllity strategy which has been approved by HUD in accordance with section 105 of the Cranston-Gonzalez National Affordable Housing Act; or A housing assistance plan which was approved by HUD during the 180 day period beginning November 28, 1990, or during such longer period as may be prescribed by the Secretary in any case for good cause. (J) It will not attempt to recover any capital costs of public improvements assisted in whole or in part with funds provided under section 106 of the Act or with amounts resulting from a guarantee under section 108 of the Act by assessing any amount against properties owned and occupied by persons of iow and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless: I. Funds received under section 106 of the Act are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than under Title I of the Act; or. 2. For purposes of assessing any amount against properties owned and occupied by persons of moderate income, the grantee certifies to the Secretary that it lacks sufficient funds received under section 106 of the Act to comply with the requirements of subparagraph (1) above; (k) Its notification, inspection, testing and abatement procedures concerning lead-based paint will comply with ~570.608; (1) It will conpl~ with the acqulsition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Ac2 of 1970 as required under ~$70.606(a) and Federal implementing regulations; the requirements in ~570.$06(b) governing the residential antidisplacement and relocation assistance plan under section 104(d) of the Act (including a certification that the grantee is following such & plan); the relocation requirements of governing displacement subject to section 104(k) of the Act; and the relocation requirements of ~570,606(d) governing optional relocation assistance under section 105(a)(ll) of the Act; (m) It has adopted and is enforcing: A pollc~ prohibiting the use of excessive force by law enforcement agencies within its Jurisdiction against any individuals engaged In non-violent civil rights demonstrations; and 11/90 ATTACHMENT D page 4 -4- A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its Jurisdiction; (n) To the beet of its knowledge and belief: (o) No Federal appropriated funds have been paid or will be paid. by or on behalf of it. to any person for influencing or attempting to influence an officer or employee of any agency, a ~ember of Congress, an officer or employee of Congress, or an employee of a Hember of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence mn officer or employes of any agency, a ~embar of Congress, an officer or employes of Congress. or an employes of a Hsmber of Congress in connection with this Federal contract. grant, loan, or cooperative agreement, it will complete and submit Standard FOrm-LLL. "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph (n) of this certification bm included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly; It will or will continue to provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of s controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. ~stablishing an ongoing drug-free awareness program to inform employees about - (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining s drug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and 11/90 ATTACHMENT D page 5 -5- (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; Haking it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant the employee will - ' (a) Abide by the terms of the statement; and Notify the employer in writing of his or her conviction a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; for Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. ~mployers of convicted employees must' provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - Taking appropriate personnel action against such an employee, up to and Including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs i. 2. 3. 4, 5 and 6. 11/90 ATTACHMENT D page 6 -6- The grantee may insert in the space provided below the site(s) for the performance of work dons in connection with the specific grant: Place of Performance (Street address, sip code) . 215 Churcn Avenue SW 519 Nineteenth Street SE county, state, (P) Check if there are workplaces on file that are not ~dentifled here; and It will comply with.the other provisions of the Act and with other applicable laws. 1~/90 ATTACHMENT E N $ / Hotel Roanoke Project Area Roanoke, V~rginia ROA~OI(Ir VALLEY ~1'. ANDREWS CATHOLIC CHURCH EXIT 4 EXIT ~ HOTEL ~.,.,Avi '~ ~1~ ROANOKE ~ VIRGINIA MUSEUM .~ )F TRANSPORTATIO ..,, .....I ' ~ ~Jl -- ~,,.,~, 3~ ,-'~ , 7~ n--~ ~_~ · Ad #22455 Filmed on 8/14/91 at 15:24:26 CITY OF ROANOKE X Acer: 10154751 Class: 901 Expires on: Entered by: DCARTER Last user: RBDALTON Film depth .06 width 528.0 Cily of Roanoke L8-16 2x6 rbd p-E-43 15 faO:36 NOTICE TO THE PUBLIC CITY OF ROANOKE HUD SECTION 108 LOAN GUARANTEE PUBLIC HEARING All interested groups and individuals are invited to participate at a pubhc h on the proposed application for a HU ' ' Roanoke on M D Section 1081 earing Snhnnl ~,~,~ ..~nday Auaust 26 lOO~ ..... oan guarantee for the 'tvnf _Order ,o. obtain cltlzeSn~,n viR"e°wa~d'.N.~W'~The CDBG puPbiic ~teaOri~kol~:dhSLe..m~.n,t.a,ry ~ummarrzed below: .... ,-omments on the proposed o~,,~,~,~,..~_.~,,e~u m COMMUNITY DEVELOPMENT OBJECTIVES TO BE ADDRESSED The major community development objective to be addressed ~s further economic development in theCI of !n. COme jobs. It Is exne,.*.,~ ,,._.ty Roanoke by the creatl,,,, ^,...... ance of motel Roanoke/~,,,,,~;~.~.''~'~ ~=[ approximately 400 i,~,- ;~',: "~' ,uw ~o moderate .... =-~,nce ~,enter project. ~ ~o -,mue created by the ACTIVITIES PROPOSED WITH THE GUARANTEED LOAN FUNDs The City of Roanoke w II borrow approximatel $6 million from the U S ment of Housing and Urban Develo m D of the Hotel Roanoke,,-^; .... pent (HU~) to be Inwo*~-,, -~ ' ' apart- overall estimated oroi~'~ ,.o,c,,a,[te~d ~t 19 Jefferson S t r ~e~ '~',~, ~,n-~ne renovation t..o benefit Iow an~d ~o;~.~'.~:°',e°u mllhon in financinn Th',.'~.~',-a_s.a, part of the _~_e~p~yments of the Ioa~,~;Uc~n~c_Om.e persons thro~=[~h t~'~a~i~s..e_x.p~.c~ed port,on of future CDBG en~;*~."'-=. [rom return on Investmen. ~_3~,. u~ ~os. .... =,rren[ oudgets · a.u possic~y a SECURITY REQUIREMENTS FOR THE LOAN GUARANTEE The security requirements for the loan guarantee will be future Corn Development Block Grant (CDBG all ~ityofRoanokeand/orth,,~.~,. o..cations as we as the loan no-,,. .,rnunity m the Hotel Roanoke .r~'~;~'=''''''~e r~edevelopmen, and Hou-~Jn"~ Copies of the proposed application f are avaiable for ubli . . or HUD Sect on 108 . . P c review In ' , loan guarantee ~B~ild,.ng, the Office of Economic r~!,h~_c_ltY Clerks Offce, 4th FI [u~ids Authori~,, S~'~^:-L"-;'~ ,,[pin Cruces of the Roanok .... r-Ummpal Build ng all ...... of,,,.= a[ 981-2541. hearing are person with a disability who needs accommodations to fully contact the Office of Grants Compliance at under my :his 13th day of August, 1991. Mary F. Parker, City NOTICE TO THE PUBLIC CITY OF ROANOKE HUD SECTION 108 LOAN GUARA~'~'~ PUBLIC HEARING Ail interested groups and individuals are invited to participate at a public hearing on the proposed application for a HUD Section 108 loan guarantee for the City of Roanoke on Monday, August 26, 1991 at 7:00 p.m. at Oakland Elementary School, 3229 Williamson Road, NW. The CDBG public hearing is being held in order to obtain citizens' views and comments on the proposed application as summarized below: CO~4UNITY DEVELOPMENT OBJECTIVES TO BE ADDRESSED The major community development objective to be addressed is furtherance of economic development in the City of Roanoke by the creation of low to moderate income jobs. It is expected that approximately 400 jobs will be created by the Hotel Roanoke/Conference Center project. ACTIVITIES PROPOSED WITH THE GUARA~'I'K~N~ LOAN FUNDS The city of Roanoke will borrow approximately $6 million from the U.S. Department of Housing and Urban Development (HUD) to be invested in the renovation of the Hotel Roanoke project, located at 19 Jefferson Street NW, as a part of the overall estimated project total of $30 million in financing. The project is expected to benefit low and moderate income persons through the creation of jobs. Repayments of the loan will come from return on investment and possibly a portion of future CDBG entitlement budgets. SECURITY I~EQUIP~NTS FOR THE LOAN GUARA~'£~E The security requirements for the loan guarantee will be future Community Development Block Grant (CDBG) allocations as well as the loan position that the City of Roanoke and/or the Roanoke Redevelopment and Housing Authority has in the Hotel Roanoke project. Copies of the proposed application for HUD Section 108 loan guarantee funds are available for public review in the City Clerk's Office, 4th Floor Municipal Building, the Office of Economic Development Room 355, Municipal Building, all City libraries, and the main offices of the Roanoke Redevelopment and Housing Authority, Salem Turnpike. Persons who would like to speak at the hearing are requested to call the City Clerk's office at 981-2541. If you are a person with a disability who needs accommodations to fully participate in this public hearing, contact the Office of Grants Compliance at 981-2141 or 981-2641 (TDD). Given under my hand this 13th day of August, 1991. Mary F. Parker, City Clerk 1 Display ad to run in The Roanoke Tribune on Thursday, August 22, 1991. Please bill to: Office of Grants Compliance Room 362, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 Please send proof of publication (affidavit) to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 ROANOKE VALLEY' PI SERVATION FOUlVDATION MICHAEL B. BARBER CHARLES A~ BLANKENSHIP MARTHA B. BOXLEY D, KENT CHRISIV~ RUPERT M. CUTLER WHITNEY N. FELDMAN ROBERT N. FISHBURN BEVY FRANCIS FREEMAN JAMES H. FULGHUM, JR. JOHN D, FULTON EVELYN S. GUNTER MIGNON CHUBB-HALE HELEN ROBERTS-HILL A. L, HOLLAND, SR. DEEDIE KAGEY GEORGE ~i- KEGLEY MARY BETH LAYMAN FRANCES McNuLTY LEWIS JAMES E. LOESEL JOSEPH D. LOGAN, III LIN S, MELCHIONNA NORWOOD C. MIDDLETON WARREN L. MOORMAN HELEN R. PRILLAMAN H. S. PRITCHETr JOYCE W. WAUGH CLAP~ S. WHITE WILLIAM L. WHITWELL BAYES E. WILSON LEE W. WINBORNE 26 August 1991 RECEIVED CITY CLEi K.S "FFiC, E AUG 26 P4:02 The Honorable Noel C. Taylor, and Members of .City Council City of Roanoke 215 Church Avenue, SW Roanoke, Virginia 24011 Mayor Dear Mayor Taylor and Members of City Council, Subject: Hotel Roanoke Section 108 Loan Application, Public Hearing, Aug. 26, 1991. The Roanoke Valley Preservation Foundation supports the City of Roanoke's application for a Section 108 Loan to help in the rehabilitation of Hotel Roanoke. Hotel Roanoke is a landmark of great significance to the Roanoke Valley and beyond. The resources found in and around the Hotel are things that give Roanoke meaning and help make it stand out as a special place. The Hotel itself has tremendous significance to people in the Roanoke Valley. It ia difficult to find one who has not either worked at' the hotel, strolled the grounds, dined or stayed there, or who has not attended an elegant occasion in her gracious surroundings. A foremost memory to past visitors of the valley is the grand Hotel Roanoke. As a symbol for the city, it is of utmost importance the Hotel be properly rehabilitated, and we encourage the use of the Secretary of the Interior's Standards for Rehabilitation. Thought and care make for quality projects and the Hotel Roanoke and its surroundings offer great opportunity. The prominence of the area is visible in the city's skyline: the golden spires of St. Andrews, Old Firat's Belfry, the shaded yards of turn-of-the-century houses, the Hotel Roanoke with all of its nostalgia, the Passenger Station, and the fine N&W Office Buildings. A closer look reveals a neighborhood of residential and commercial buildings, Our Lady of the Valley, Roanoke Catholic Schools, Lick Run, First Baptist Church, a TAP Daycare Center, Gainsboro Library, Stone Printing, and Henry Street. It is a place of landmarks, natural features, and people located in the area of Big Lick, Gainsborough, and early Roanoke. A depth of cultural and historical importance to Roanoke and southwestern Virginia i8 evident here, and we remain extremely concerned about the proposed four-lane Wells Avenue re-routing which would slice the area in two. We are convinced it is absolutely inappropriate. POST OFFICE BOX 1558 ROANOKE, VIRGINIA24007 Mayor Noel C. Taylor and Members of City Council 26 August 1991 Paga Two The Hotel Roanoke revitalization offers the city tremendous opportunity. We are certain that thoughtful planning and careful consideration of the community's resources will work to create a fine project, and we strongly support the City's efforts to obtain financial assistance towards this end. Sincerely, Acting Director Noel C. T~ylor Mayor Howard E. Musser Vice-Mayor CITY OF ROANOI(F, CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 August 26, 1991 Council Members: David A. Bowem Elizabeth T. Bowles Beverly T. Fitzpatrick, Jr James G. Harvey, II William White, Sr. The Honorable Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1- 344 (A) (1), Code of Virginia (1950), as amended. Vice-Mayor HEM:sw Noel C. ~aylor Mayor Howard E. Musser Vice-Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 August 22, 1991 W. Robert Herbert, Chairman Roanoke Regional Airport Commission 5202 Aviation Drive Roanoke, VA 24012 REC?vED CiTY ..... AUG22 0:47 Council Members: David A. Bowers Elizabeth T Bowles BeVerly T Fitzpatrick, Jr James G. Harvey, II William White, Sr. Dear Bob: I read with some interest that a person from out of the City has now been hired as the new manager for the Roanoke Regional Airport. I have become quite critical, as you know, of the increased bureaucracy of our local government. It seems to me that the bureaucrats do a fine job of insulating themselves from the concerns of the public, and furthermore continue their "fiefdoms" by con- tinuing to hire additional bureaucrats when openings occur. It is all very good and expected that we should have an efficient local government here in Roanoke, but it concerns me when people here in Roanoke, who have applied for top level positions, are not accepted to provide that efficient kind of government to their own neighbors. I have seen a lot of news stories over the last several years stating that there just aren't any good paying jobs in Roanoke. Surprisingly, everytime we have an opening in Roanoke's government for a well paid job, dozens of people from out-of-town can't wait to get here! Which is it? Are the jobs not available, or is it that Roanokers just aren't being considered for them? I have requested, privately, that Roanoke City Council place a citizen on the Roanoke Regional Airport Commission representing the City. I believe this most recent incident indicates a need for a change on the Airport Commission, so that it may be more truly representative of the people of our City. I would again respectfully request our Council to make some effort to place a citizen representative on this Commission now, instead of having three administrators from City Hall. I want to let you know that I disapprove of the Airport Executive Director from Cleveland hiring an airport manager from out-of-town without any real consideration of the talents and abilities of Roanokers who could have done the job just as well. This recent development in hiring W. Robert Herbert, August 22, 1991 PAGE TWO Chairman this manager is of concern to me, and I hope you will see to it that other vacancies at the airport are filled by Roanoke area people when possible, because I believe we have a lot of qualified persons available to do the jobs. I ask that this letter be made a part of the consent agenda of Roanoke City Council for its August 26, 1991 meet- ing and thereafter be received and filed, unless the other members of Council also want to consider placing a citizen representative on the Airport Commission. Best personal regards. DAB/jfk 013 Sin3?~rely, David ~. B6~ers MARY F. PARLOR Ci~ Clerk CITY OF ROANOKi OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 4,56 Roanoke, V~rRinia '94011 Telephone: (703)981-2.541 August 28, 1991 File #178 SANDlOt H. EAKIN Deputy City Clerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of a communication from Council Member David A. Bowers with regard to an allocation of $40,000.00 by the City into a reserve fund in connection with obtaining mortgage money to construct or rehabilitate housing for the less fortunate, which communication was before the Council of the City of Roanoke at a regular meeting held on Monday, August 26, 1991. On motion, duly seconded and adopted, the communication was referred to you for study, report and recommendation to Council at its regular meeting to be held on Monday, September 9, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra pc: The Honorable David A. Bowers, Council Member Noel C. Taylor Mayor Howard E. Musser Vice-Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 August 21, 1991 C~TY r, r~ ~ .... AUG22 0:47 Council Members: David A. Bowers Elizabeth T Bowles Beverly T Fitzpatrick, Jr James G. Harvey, II William White, Sr. Honorable Mayor and Members of Roanoke City Council Municipal Building Roanoke, Virginia 24011 Dear Mrs. Bowles & Gentlemen: I enclose herewith a copy of the article in the Roanoke Times dated August 17, 1991, indicating that a policy is being set by our City Administration to scrap a housing program that has provided $6.1 million in loans to fix up 205 houses in the past decade. Not only am I concerned that the City might refuse to provide $40,000 for a reserve fund so it could obtain $600,000 in mortgage money for poor people from 10 local banks in the next year has been denied, but I am also con- cerned that this policy decision may be made by the administra- tors in the Municipal Building, instead of by the elected members of Roanoke City Council. I, for one, would be in favor of continuing to leverage $40,000 in a reserve fund so that we could provide over $500,000 in mortgage money to build and/or rehabilitate housing for the poor in our City. Of course, it certainly would be nice for our colleagues in the Town of Vinton, the City of Salem and Roanoke County to join us in such a program which would pro- vide needed housing in the valley for poor and lower income persons. (Oh, I must be dreaming!). I would respectfully request that this matter be placed on the consent agenda of Council for our August 26, 1991 meeting and thereafter be referred to the administration for review, recommendation and report back to Council at our first meeting next month on September 9, 1991. Best personal regards to each of you. DAB/jfk ENC: 056 fiX un homes 4itY won pay O, 000 to help , James Bean can't understand why Roanoke offi- ~' cials would scrap a housing program that has provided:,:~ $6.1 million in loans to fix up 205 houses in the decade. At a time when federal money for housing rehabili-. tatton ts drying up, he ts puzzled by the ctty s refusal to ~,, ~rov de $40,000 for a reserve fund so it could 600,000 n mortgage money from 10 banks in the nex~!~ year for poor people, i'.' ~V,' The private rehabilitation loan program has been g:*: good deal for the city and homeowners who have beenO~ able to fix up their.houses, said Bean. neighborhood development director for Roanoke's Redevelopmenf~ and Housing Authority. ..i.~.. Under the program, the banks offer mortga$~ loans that are targeted to low- and modcrate-income~,_~ famdtes. The banks have been providing b~tweeff. Q By working with the housing authority thc have more flexibility and can offer loans at ket interest rates to families that otherwise could not helped.' The only thing the city has to do is to set aside relatively small amount of money in a reserve fund.~ each year to cover possible loan losses and administra.-~. rive costs for the program. Bean said. The city has beetle: using part of its annual $1.8 million allocation federal community development money for the IoanZ_, · 1o~ reserve fund. , . is "' Since 1982 the ctty has put $550,000 into the: reserve Oand ~ from $30,000 to $90,000 annually, The money is returned to the city as loans are r~epaid, Bean i i 'e said $171,391 has been returned, i ' ~ 7~' For the next fiscal year, Bean and the authority r- asked for $16,000 in new money and $24,000 in un- used funds from the past year. In turn the banks agreed to provide $600,000 in mortgage money,. o But the city did not allocate .a, ny money. Without the reserve funds, the banks wo, n t participate. . Dan Pollock, the city's hoasmg development coot~- dinator, and other city officials said no funds were provided for several reasonS. The program lost out in comPetition for the federul community development money because other housing programs had a hi~her PLEASE SEE NOME~/A?,i. the ,lng MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 4S6 Roanoke. Virginia 24011 Telephone: (703)981-2541 August 28, 1991 File #15-230 SANDRA H. F..AKIN Deputy City Clerk Ms. Mimi Hodgin, Chair Roanoke Arts Commission 805 Virginia Avenue Salem, Virginia 24153 Dear Ms. Hodgin: This is to advise you that the following persons have qualified as members of the Roanoke Arts Commission: Mr. Fletcher L. Nichols, Jr., to fill the unexpired term of Ms. Vicki Stauffer, ending June 30, 1993; Mr. Kemper A. Dobbins and Ms. Harriett M. Stokes for terms of three years each, ending June 30, 1994. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra pc: Ms. Joyce A. Sink, Secretary, Roanoke Arts Commission COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) It Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the twenty-fourth day of June, 1991, FLETCHER NICHOLS was elected as a member of the Roanoke Arts Commission to fill the unexpired term of Vicki Stauffer, ending June 30, 1993. Given under my hand and the Seal of the City of Roanoke this twenty-sixth day of June, 1991. City Clerk COMMONWEALTH OF CITY OF ROANOKE VIRGINIA To-wit: I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the eighth day of July, 1991, KEMPER A. DOBBINS was reelected as a member of the Roanoke Arts Commission for a term of three years ending June 30, 1994. Given under my hand and the seal of the City of Roanoke this fifteenth day of July, 1991. City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, ~ary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the eighth day of July, 1991, HARRIETT M. STOKES was reelected as a member of the Roanoke Arts Commission for a term of three years ending June 30, 1994. Given under my hand and the seal of the City of Roanoke this fifteenth day of July, 1991. City Clerk Roanoke, Virginia August 26, 1991 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I request that City Council convene in Executive Session to discuss disposition of publicly held property, specifically lease of a public building and adjacent property, and to discuss specific legal matters requiring the provision of legal advice by counsel, specifically the terms and conditions of a lease agreement, pursuant to Sections 2.1-344(A)(3) and 2.1-344(A)(7), Code of Virginia (1950), as amended. Respectfully submitted, W. Robert Herbert City Manager WRH/KMK:sm cc: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke, 'vqrginia 24011 Telephone: (703)981-2541 August 28, 1991 File #277 SANDRA H. EAK~N Deputy City Clerk Mr. William S. Hubard, President Downtown Roanoke, Inc. 310 First Street, S. W. Roanoke, Virginia 24011 Dear Mr. Hubard: Your report with regard to activities of Downtown Roanoke, Inc., during the past year was before the Council of the City of Roanoke at a regular meeting held on Monday, August 26, 1991. On motion, duly seconded and adopted, the report was received and filed with appreciation. Sincerely Mary F. Parker, CMC/AAE City Clerk MFP: ra pc: Mr. Franklin D. Kimbrough, III, Executive Director, Downtown Roanoke, Inc., 310 First Street, S. W., Roanoke, Virginia 24011 August 14, 1991 RECEtV£g CITY CLEii¢ S OFFICERS AND DIRECTORS WILLIAM $. HUBARD Center In The Square President WILLIAM H. FULTON IBM Corporation Vice President ROBERT G. BENNETT Grand Piano & Furniture Co, Inc Vice President H, LAWRENCE DAVIDSON Davidson s Vice President STEPHEN R PARSON Roanoke Valley Graduate Center Vice President RICHARD C. WALTERS Books Strings & Things Vice President HOWARD P. WILKINSON, JR. Sovran Bank Secretary JOSEPH B WRIGHT Carilion Health System Treasurer BEVERLY T FITZPATRICK, JR Dominion Bankshares Corporation J RANDOLPH GARRETT, III Chaney, Thomas Stephenson & Hill PAUL M GRISSO Mountain Top Orchards EDWIN C. HALL Hall Associates JAMES W HARKNESS Dominion Bankshares Corporation F. EDWARD HARRIS REGINALD K. HUTCHERSON JAMES B. MA$SEY, III EDWARD C MOOMAW, JR PEGGY H. SPIEGEL JAMES M TURNER, JR MICHAEL M. WALDVOGEL Ms. Mary F. Parker City Clerk City of Roanoke 215 Church Avenue Roanoke, Virginia 24011 Dear Mary: For the past several years, Downtown Roanoke Incorporated has made a presentation on the activities of our organization during the past year and the state of our downtown. We usually do this in the late summer or early fall each year. As such, it is our request thaE we be placed on the agenda for the August 26, 1991 Council meeting scheduled for Oakland Elementary School at 7:00 p.m.. William S. Hubard, President of Downtown Roanoke Incorporated will make the presentation on behalf of our Board of Directors and our organization. It is anticipated that his remarks will last no longer than ten minutes. We truly appreciate the support and cooperation we have received during the past year from the City of Roanoke. Many of the successes we all enjoy have come as a result of the close cooperation and partnership between the City of Roanoke and the downtown business community. We are grateful for this association and confidence. If any additional information is required, please contace me directly. Would you inform me specifically where on the council agenda this DOWNTOWN ROANOKE, INCORPORATED 310 FIRST STREET, S.W ,, ROANOKE, VIRGINIA 24011 · (703) 342 2028 Ms. Mary F. Parker August 14, 1991 Page 2 presentation/report will be placed. Many assistance in adding us to the agenda. ly, Franklin D. Kimbrough Executive Director thanks for your pc: W. Robert Herbert, City Manger Brian J. Wishneff, Economic Development Chief MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 4S6 Roanoke, V'trffinia 24011 Telephone: (703)981-2541 August 28, 1991 File #54 SANDRA H. EAKIN Deputy City Clerk 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, August 26, 1991, Ms. Dottie Sink, 802 Mountain Avenue, S. E., called attention to the number of cats that have been put to sleep as a result of the recently enacted Ordinance regulating the number of cats per household. On motion, duly seconded and adopted, Council requested that you, or your designee, meet with Ms. Sink to discuss certain revisions she would like to propose relative to the Ordinance. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra pc: Ms. Dottie Sink, 802 Mountain Avenue, S. E., Roanoke, Virginia 24013 Mr. George C. Snead, Jr., Director of Administration & Public Safety 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 August 28, 1991 File #66-20-5 SANDRA H. EAI~N Deputy City Clerk 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, August 26, 1991, Ms. Julia H. Rader, 3315 Troy Avenue, N. W., and Mrs. William H. Bushman, Sr., 3309 Troy Avenue, N. W., expressed concern with regard to cruising on Williamson Road, N. W. On motion, duly seconded and adopted, the matter was referred to you for investigation and report to Council. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra pc: Ms. Julia H. Rader, 3315 Troy Avenue, N. W., Roanoke, Virginia 24012 Mrs. William H. Bushman, Sr., 3309 Troy Avenue, N. W., Roanoke, Virginia 24012 Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. M. David Hooper, Chief of Police lVLa. RY 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 August 28, 1991 File #60-467 SANDRA H. F. AKIN Deputy City Clerk Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30672-82691 amending and reordaining certain sections of the 1991-92 Grant Fund Appropriations, providing for appropriation of $1,414,555.00 for operation of the Magnet School Programs at Addison Aerospace Middle School and Fairview World of Plants and Animals. Ordinance No. 30672-82691 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 26, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra Enc. pc: Mr. W. Robert Herbert, City Manager Mr. Barry L. Key, Manager, Office of Management and Budget Mr. Finn D. Pincus, Chairman, Roanoke City School Board, 1116 Winchester Avenue, S. W., Roanoke, Virginia 24015 Dr. Frank P. Tota, Superintendent of Schools, P. O. Box 13145, Roanoke, Virginia 24031 Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board, P. O. Box 13105, Roanoke, Virginia 24031 the 1991-92 Grant emergency. WHEREAS, IN THE COUNCIL OF THE CITY OF ROANOKE, The 26th Day of August, 1991. No. 30672-82691. AN ORDINANCE to amend and reordain certain Fund VIRGINIA ~ections of Appropriations, and providing for an Government exist. for the usual daily operation of the Municipal of the City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Education $21,195,312 Magnet School 1991-92 (1-34) ......................... 1,414,555 Revenue Education $21 195 312 Magnet School 1991 92 (35) 1'414' - · .......................... , ,555 1) Teachers (035-060-6980-6007-0121) 2) Coordinator (035-060-6980-6007-0124) 3) Health Insurance (035-060-6980-6007-0128) 4) Social Security (035-060-6980-6007-0201) 5) State Retirement (035-060-6980-6007-0202) 6) State Group Life Insurance 7) Local Travel 8) Teachers 9) Health Insurance 10) Social Security 11) State Retirement 12) State Group Life Insurance 13) Director 14) Health Insurance (035-060-6980-6007-0205) (035-060-6980-6007-0551) (035-060-6980-6107-0121) (035-060-6980-6107-0128) (035-060-6980-6107-0201) (035-060-6980-6107-0202) (035-060-6980-6107-0205) (035-060-6980-6207-0114) (035-060-6980-6207-0128) $ 72,332 30,313 7,652 7,853 16,967 1,048 1,100 103,832 7,652 7,944 17,164 1,059 51,665 5,739 15) Curriculum Development 16) Other Professional Salaries 17) Clerical 18) Social Security 19) State Retirement 20) State Group Life Insurance 21) Indirect Costs 22) Contracted Services 23) Printing 24) Advertising 25) Administrative Travel 26) Conference Travel 27) Evaluation Services 28) Textbooks 29) Instructional Supplies 30) Equipment 31) Curriculum Development 32) Textbooks 33) Supplies 34) Equipment 35) Federal Grant Receipts (035-060-6980-6207-0129) $ 22,670 (035-060-6980-6207-0138) 30,000 (035-060-6980-6207-0151) 14,700 (035-060-6980-6207-0201) 8,980 (035-060-6980-6207-0202) 17,929 (035-060-6980-6207-0205) 2,044 (035-060-6980-6207-0212) 23,640 (035-060-6980-6207-0311) 7,000 (035-060-6980-6207-0351) 32,740 (035-060-6980-6207-0361) 71,710 (035-060-6980-6207-0551) (035-060-6980-6207-0554) (035-060-6980-6207-0584) (035-060-6980-6207-0613) (035-060-6980-6207-0614) (035-060-6980-6207-0822) 1,200 676 15,000 178,663 129,802 179,459 (035-060-6980-6307-0129) 15,200 (035-060-6980-6307-0613) 17,466 (035-060-6980-6307-0614) 262,356 (035-060-6980-6307-0822) 51,000 (035-060-6980-1102) 1,414,555 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk DEPARTMENT OF FINANCE CITY OF ROANOKE, VA. August 26, 1991 CITY CL[~F; ~?~t£~£ '91 22 IU1:40 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. $chlanger School Board Request for the Appropriation of Funds I have reviewed the attached request to appropriate funding for the School Board. This report will appropriate funding for the Magnet School programs. This grant is funded with 100% federal funds. I recommend that you concur with this request of the School Board. JMS/kp Attachment Finn D. Pincus. Chairman Charles UJ. Day. Vice Chairman Sallye T. Coleman Boanoke City School Board Marllyn C. Curl:Is Martha LU. O'Neil Thomas L Orr James M, Turner. Jr. Frank p. Tol:a, Superintendent Richard I.. Kelley, Clerk of the Board P.O Box 13105, Roanoke, virginia 24031 · 703-981-2381 August 14, 1991 The Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official action at its meeting of August 13, 1991, the School Board respectfully requests City Council to appropriate $1,414,555.00 for the operation of the Magnet School Programs at Addison Aerospace Middle School and Fairview World of Plants and Animals. The funds for these programs will be reimbursed one hundred percent by federal funds. The approval of this request will be appreciated. rg Sincerely, Richard L. Kelley Clerk of the Board and Executive for Business Affairs CC: Mr. Finn D. Pincus Dr. Frank p. Tota Mr. William L. Murray, Jr. Mr. Kenneth F. Mundy, .Jr. Mr. W. Robert Herbert Mr. Wilburn C. Dibling Mr. Joel M. Schlanger (with accounting details) Excellence In Education-, ROANOKE CITY SCROOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Magnet School 1991-92 6980 035-060-6980-6007-0121 035-060-6980-6007-0124 035-060-6980-6007-0128 035-060-6980-6007-0201 035-060-6980-6007-0202 035-060-6980-6007-0205 035-060-6980-6007-0551 035-060-6980-6107-0121 035-060-6980-6107-0128 035-060-6980-6107-0201 035-060-6980-6107-0202 035-060-6980-6107-0205 035-060-6980-6207-0114 035-060-6980-6207-0128 035-060-6980-6207-0129 035-060-6980-6207-0138 035-060-6980-6207-0151 035-060-6980-6207-0201 035-060-6980-6207-0202 035-060-6980-6207-0205 035-060-6980-6207-0212 035-060-6980-6207-0311 035-060-6980-6207-0351 035-060-6980-6207-0361 035-060-6980-6207-0551 035-060-6980-6207-0554 035-060-6980-6207-0584 035-060-6980-6207-0613 035-060-6980-6207-0614 035-060-6980-6207-0822 035-060-6980-6307-0129 035-060-6980-6307-0613 035-060-6980-6307-0614 035-060-6980-6307-0822 Appropriation Unit Z38 Elementary Teachers Coordinator Health Insurance Social Security State Retirement State Group Life Insurance Local Travel Secondary Teachers Health Insurance Social Security State Retirement State Group Life Insurance Director Health Insurance Curriculum Development Other Professional Salaries Clerical Social Security State Retirement State Group Life Insurance Indirect Costs Contracted Services Printing Advertising Administrative Travel Conference Travel Evaluation Services Textbooks Instructional Supplies Equipment Curriculum Development Textbooks Supplies Equipment 72,332.00 30,313.00 7,652.00 7,853.00 16,967.00 1,048.00 1,100.00 103,832.00 7,652.00 7,944.00 17,164.00 1,059.00 51,665.00 5,739.00 22,670.00 30,000.00 14,700.00 8,980.00 17,929.00 2,044.00 23,640.00 7,000.00 32,740.00 71,710.00 1,200.00 676.00 15,000.00 178,663.00 129,802.00 179,459.00 15,200.00 17,466.00 262,356.00 51,000.00 $ 035-060-6980-1102 Federal Grant Receipts $ 1,414,555.00 The Magnet Schools program for 1991-92 will provide for the operation of the Magnet School Programs at Addison Aerospace Middle School and Fairview World of Plants and Animals. The program is one hundred percent reimbursed by federal funds and will end June 30, 1992. August 13, 1991 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke. V'wginia 240 ! 1 Telephone: (703)981-2541 August 28, 1991 File #60-236-133 SANDRA H. EAKIN Deputy City Clerk Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30673-82691 amending and reordaining certain sections of the 1991-92 Grant Fund Appropriations, providing for appropriation of $25,000.00, in connection with establishment of a grant fund account for cash assets forfeited to the Office of the Roanoke City Commonwealth's Attorney. Ordinance No. 30673-82691 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 26, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra Enc. pc: The Honorable Donald S. Caldwell, Commonwealth's Attorney Mr. W. Robert Herbert, City Manager Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Barry L. Key, Manager, Office of Management and Budget the emergency. WHEREAS, Government of the exist. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 26th Day of August, 1991. No. 30673-82691. AN ORDINANCE to amend and reordain 1991-92 Grant Fund certain ~ections of Appropriations, and providing for an for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A ro riations Judicial Administration Forfeited Criminal Assets Revenue Judicial Administration Forfeited Criminal Assets 1) Administrative Supplies 2) Expendable Equipment < $500 3) Training and Development 4) City Information Systems 5) Furniture and Equipment 6) Forfeited Criminal Assets (1-5) ..................... (6) ....................... (035-026-5140-2030) $ 2,000 (035-026-5140-2035) 3,000 (035-026-5140-2044) 7,000 (035-026-5140-7005) 3,000 (035-026-5140-9005) 10,000 (035-035-1234-7107) 25,000 $470,139 25,000 $470,139 25,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk '91 ~UG 22 P2:42 Roanoke, Virginia August 26, 1991 The Honorable Mayor and Mambers of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Cash Assets Forfeited to the Roanoke City Commonwealth Attorney's Office I concur in the attached letter from Donald S. Caldwell, Commonwealth's Attorney, concerning the above subject. Respectfully submitted, W. Robert Herbert City Manager WRH:mp Attach. '9! IL~ 22 P2:42 Roanoke, Virginia August 26, 1991 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, VA Dear Members of Council: Subject: Cash Assets Forfeited to the Roanoke City Commonwealth Attorney's Office I. Backqround: In an effort to better fund law enforcement efforts to fight crime, particularly drug crime, in 1986 the Federal government adopted a system of asset forfeiture whereby forfeited assets, under certain conditions, could be returned to local law enforcement agencies, police and prosecutors, for use in their fight against crime. In July, 1991, Virginia's asset forfeiture statute, which generally is patterned after the Federal statute, took effect providing that forfeited criminal assets may be returned to local police and prosecutors for use in the fight against crime. Periodically, assets seized as evidence are ordered forfeited by the local courts to the police or the Office of the Commonwealth,s Attorney to be used for criminal law enforcement efforts. II. Current Situation: The Office of the Commonwealth,s Attorney anticipates that it will receive $25,000 during the current fiscal year from the three combined sources outlined in I. A., B. and C. above. In order to facilitate receipt and distribution of these funds, as well as protect the public's confidence through systematic accounting, City Council action is requested to authorize the Department of Finance to establish grant fund accounts through which the Commonwealth may deposit and disperse funds. III. Issues: A. Need B. Funds Availability Mayor and Members of Council Subject: Cash Assets Forfeited to the Roanoke City Commonwealth Attorney's Office August 26, 1991 Page 2 IV. Alternatives: City Council concur in the request to establish a qrant fund account for cash assets forfeited to the Office of the Roanoke City Commonwealth,s Attorney for the reasons stated in II. B. above. Need exists to provide additional funds and equipment to enhance criminal investigations. Funds availability will be controlled by effectiveness of investigations through assets seized and forfeited in joint investigations with federal, state, and local agencies. City Council reject the request to establish the proposed qrant fund accounts. Need for supplemental funds enabling increased effectiveness of investigation and prosecution will not be met. 2. Funds will not be received from the sources enumerated. Recommendat'on is that Council approve alternative "A" to establish the proposed grant accounts and: A. Appropriate $25,000 to the following grant fund accounts: 1. Administrative Supplies 035-026-5140-2030 $ 2,000 2. Expendable Equipment (<$500) 035-026-5140-2035 $ 3,000 3. Training & Development 035-026-5140-2044 $ 7,000 4. City Information Systems 035-026-5140-7005 $ 3,000 5. Furniture & Equipment >$500 035-026-5140-9005 $10.000 TOTAL $25r000 Mayor and Members of Council Subject: Cash Assets Forfeited to the Roanoke City Commonwealth Attorney's Office August 26, 1991 Page 3 Establish the revenue estimates for these grant funds for $25,000. Respectfully submitted Donald S. Caldwell ~-/ Commonwealth,s Attorney City Attorney Director of Finance Director of Administration & Public Safety 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 August 28, 1991 File #236-178 SANDI~ H. F_AKIN Deputy City Clerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30674-82691 approving the loan of Community Development Block Grant (CDBG) funds to individuals in connection with the City's Home Purchase Assistance Program, authorizing you to execute documents providing for the assignment of certain options to Tessa Lynette Leak to purchase and rehabilitate property located at 1231 Hanover Avenue, N. W., in an amount not to exceed $20,500.00, and to Lewis J. and Kathy R. Lambert to purchase and rehabilitate property located at 806 Rorer Avenue, S. W., in an amount not to exceed $14,800.00; authorizing you to execute documents approved as to form by the City Attorney necessary to implement and administer the loans, including Construction Disbursement Agreements; authorizing the City Attorney and Director of Finance to serve as trustees with regard to the related deed of trust securing the notes for the loans; authorizing you to execute certificates of satisfaction upon full payment and satisfaction of the loans; and authorizing recordation by the City Attorney of the certificates of satisfaction in the Office of the Clerk of the Circuit Court for the City of Roanoke. Ordinance No. 30674-82691 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 26, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra mne. pc: Ms. Tessa Lynette Leak, 801 Westwood Boulevard, N. W., #46, Roanoke, Virginia 24017 Mr. Lewis J. Lambert and Ms. Kathy R. Lambert, 1809 Chapman Avenue, S. W., Roanoke, Virginia 24016 Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 The Honorable Dale A. Hendrick, Clerk of the Circuit Court Mr. Joel M. Schlanger, Director of Finance Mr. ~'~'. Robert Herbert A~t~ust 28, 1991 Page 2 pc: Ms. Deborah J. Moses, Chief of Billings and Collections Mr. Wilburn C. Dibling, Jr., City Attorney Mr. William F. Clark, Director of Public Works Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. H. Daniel Pollock, Housing Development Coordinator Ms. Marie T. Pontius, Grants Monitoring Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th Day of August, 1991. No. 30674-82691. AN ORDINANCE approving the loan of Community Development Block Grant (CDBG) funds to individuals in connection with the City's Home Purchase Assistance Program, authorizing the City ~Ianager to execute documents providing for the assignment of certain options to those individuals, authorizing the City Manager to execute docu- ments approved as to form by the City Attorney necessary to imple- ment and administer the loans, including Construction Disbursement Agreements, authorizing tile City Attorney and Director of Finance to serve as trustees with regard to the related deed of trust securing the notes for the loans, authorizing the City Manager to execute certificates of satisfaction upon full payment and satisfaction of the loans, and authorizing recordation by the City Attorney of the certificates of satisfaction in the Office of the Clerk of the Circuit Court for the City of Roanoke; and providing for an emergency. WHEREAS, Council has previously approved the concept of the Home Purchase Assistance Program in which the City will provide loans for purchase, closing costs and additional property rehabili- tation from CDBG funds to low-moderate income households agreeing to buy and repair certain identified substandard housing, contingent upon approval by the Virginia Housing Development Authority (VHDA) of State rehabilitation loans, or other rehabilitation financing. WHEREAS, Council has previously authorized the execution of certain option agreements in connection with the Home Purchase Assistance Program. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: The City Manager is hereby authorized to loan CDBG funds in connection with the City's Home Purchase Assistance Program to the individuals identified in the City Manager's report dated August 26, 1991, upon the terms and conditions set forth therein. 2. The City Manager is hereby authorized to execute docu- ments, upon form approved by the City Attorney, providing for the assignment of certain options to Tessa Lynette Leak and to Lewis J. Lambert, Jr., and Kathy R. Lambert, as set forth in the report of the City Manager dated August 26, 1991. 3. The City Manager is hereby authorized for and on behalf of the City to execute documents approved as to form by the City Attorney necessary to implement and administer the loan, including a Construction Disbursement Agreement, in connection with the Home Purchase Assistance Program loans to be made to Tessa Lynette Leak, which loan amount shall not exceed $20,500.00 for the purchase price, closing costs, attorney fees and rehabilitation of the pro- perty at 1231 Hanover Avenue, N.W., and to Lewis J. Lambert, Jr., and Kathy R. Lambert, which loan amount shall not exceed $14,800.00, for the purchase price, closing costs, attorney fees and rehabilitation of the property at 806 Rorer Avenue, S.W., all of which is in accordance with the recommendations contained in the City Manager's report dated August 26, 1991. 4. To secure payment of the loan of CDBG funds made under the Home Purchase Assistance Program and performance by the loan reci- pients, each recipient shall execute a deed of trust and deed of - 2 - trust note, Attorney. 5. Wilburn C. Schlanger, Director authorized to serve as Trustees for beneficiary. which documents shall be approved as to form by Dibling, Jr., City Attorney, and Joel M. of Finance (hereinafter "Trustees"), are the City hereby and on behalf of the City as 6. Pursuant to §26-49, Code of Virginia (1950), as amended, City Council reserves the right in its sole discretion for any reason whatsoever to appoint a substitute trustee or trustees. 7. Upon payment or full satisTaction of the debt secured by the deeds of trust and delivery of the cancelled deed of trust notes to the person or persons by whom it was paid, the City Manager shall be authorized to execute a certificate of satisfaction upon form prepared by the City Attorney, and the City Attorney shall be authorized to file such certificate of satisfaction in the Office of the Clerk of the Circuit Court of the City of Roanoke. 8. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. - 3 - Honorable Mayor and Members of Council Roanoke, Virginia Roanoke, Virginia August 26, 1991 Dear Members of Council: Subject: Community Development Block Grant Loans under the Home Purchase Assistance Program I. Background $2#0~000 in Community Development Block Grant (CDBG) funds were allocated to the Home Purchase Assistance Program (HPAP) by City Council on 3une 26, 1989, allowing the City to provide CDBG loans to ]ow-moderate income households agreeing to buy and repair certain iden- tilled substandard houses. The Program is administered jointly by the City and the Roanoke Redevelopment and Housing Authority (RRHA). United States Department of Housing and Urban Development (HUD) provides Section 312 Rehabilitation loans for rehabilitation of residential housing units to qualifying applicants at 3% interest with 20 year terms. RRNA approves individual loans, oversees rehabilitation, and administers the MUD Section 3i2 Program in the City. State Department of Housing and Community Development (DtiCD) and Virginia Housing Development Authority (VHDA) jointly administer the Local Housing Rehabilitation Loan Program on the State level. VHDA provides loan approval and servicing for $25,000 maximum reha- biJitation loan/grants available to qualifyin§ low-moderate income households at 4% interest with i5 year terms. II. Current Situation Home Purchase Assistance Program Selection Committee~ which is composed of both RRHA and City staff~ recommends approval of CDBG loans as follows: CDBG loan not to exceed $20~500 to Tessa Lynette Leak to purchase and rehabilitate 1231 Hanover Avenue, NW, Tax Parcel 112220609, ($1g,000 purchase price, $500 attorney's fees, and $2,000 dosing costs) through the program, subiect to approval of rehabilitation financing through the HUD Section 312 program; and CDBG loan not to exceed $1#~800 to Lewis 3. Lambert, 3r. and Kathy R. Lambert to purchase and rehabilitate g06 Rorer Avenue, SW, Tax Parcel 111112208 ($12,300 purchase price, $500 attor- ney's fees, and $2,000 closing costs) through the program, sub- ject to approval of rehabilitation financing from the State. August 26, 1991 Page 2 A purchase agreement exists between Tessa Lynette Leak, purchaser, and the owner of 1231 Hanover Avenue, NW, Tax Parcel #2220609 subject to purchaser obtaining financing under the Home Purchase Assistance Program. RRHA has notified the City that the HUD Section 312 rehabilitation loan for this low-moderate income household has been approved. A purchase agreement exists between Lewis 3. Lambert, 3r. and Kathy R. Lambert~ purchaser, and the owner of 806 Rorer Avenue~ S. ~/., Tax Parcel # 111220g subject to purchaser obtaining financing under the Home Purchase Assistance Program. VHDA has notified the City that the State rehabilitation loan for this low-moderate income household has been approved. City Council's approval to provide CDBG loans to the low-moderate income households is necessary to allow the purchase and rehabilitation of a currently substandard vacant properties to occur through the Home Purchase Assistance Program. III. Issues A. Cost to the City. [3. Effect on Housing Conditions. C. Timing. D. Administration. IV. Alternatives Approve CDBG loan not to exceed $20~500 to Tessa Lynette Leak for the purchase and rehabilitation of 1231 Hanover Avenue, N~, and approve CDBG loan not to exceed $1#,g00 to Lewis J. Lambert, Jr. and Kathy Lambert for the purchase and rehabilitation of 806 Rorer Avenue, S. ~. under the Home Purchase Assistance Program, and authorize the City Manager to execute documents to be approved as to form by the City Attorney necessary to implement and administer the loans, including Construction Disbursement Agreements. Upon payment or full satisfac- tion of the debt secured by the Deed of Trust and delivery of the cancelled Deed of Trust Note to the person or persons by whom it was paid, the City Manager will execute a Certificate of Satisfaction upon such a form prepared by the City Attorney, and the City Attorney shall file such Certificate of Satisfaction in the Office of the Clerk of the Circuit Court of the City of Roanoke. Notes evidencing these loans and the Deeds of Trust (naming :Joel M. Schlanger and ~'ilburn C. Dibling, 3r. as Trustees) securing these loans to be approved as to form by the City Attorney. (Attachments) August 26, 1991 Page 3 Cost to the City will be $35,300 in CDBG loans. Funding is available in the Grant Fund in account number 035-089-g920-5115. Funds will revolve back to the City over a fifteen (15) year period with 4% interest. The City will receive increased tax revenue on the improved properties. Effect on housing conditions will be positive as home-ownership opportunities will be provided to low-moderate income households who will rehabilitate and occupy currently substandard vacant pro- perties, thereby contributing to neighborhood stabilization and rejuvenation. Timing is critical, since delay in approving the loans may cause termination of purchase agreements between the buyers and sellers. Immediate Council approval of the CDBG loans will allow closing to be held as provided in agreements betweens the buyers and sellers of these properties. 4. Administration of the rehabilitation will be overseen by RRHA, as provided for in the City's contract for services. Servicing of the City's loans will be handled by Dominion Bankshares Mortgage Corporation as provided for in existing Mortgage Loan Service Agreement. Do not approve CDBG loans. Cost to the City can be recognized as lost opportunity cost, as vacant, deteriorating properties will probably not be rehabili- tated and occupied by homeowners, lhe City will not receive increased tax revenue from the improved properties, and the tax base of nearby properties is likely to suffer as well. Effect on housing conditions will be negative as vacant, substan- dard properties probably will continue to deteriorate to the detriment of surrounding properties and neighborhoods. Further, home-ownership opportunities for low-moderate income households will be lost. Timing would require prompt notification to both the low-moderate income purchasers and the sellers that the sales cannot close. Administration would not be an issue. August 26, 1991 Page # V. Recommendation: Adopt Alternative Ay thereby approving CDBG loan not to exceed $20,500 to Tessa Lynette Leak for the purchase and rehabilitation of 1231 Hanover Avenue, NW, and approving CDBG loan not to exceed $1#,800 to Lewis 3. Lambert, 3r. and Kathy R. Lambert for the purchase and rehabilitation of 806 Rorer Avenue S. ~., under the Home Purchase Assistance Program~ and authorizing the City Manager to execute documents to be approved as to form by the City Attorney necessary to implement and administer the loans~ including Construction Disbursement Agreements. Upon payment or full satisfaction of the debt secured by the Deed of Trust and delivery of the cancelled Deed of Trust Note to the person or per- sons by whom it was paid, the City Manager will execute a Certificate of Satisfaction upon such a form prepared by the City Attorney~ and the City Attorney shall file such Certificate of Satisfaction in the Office of the Clerk of the Circuit Court of the City of Roanoke. Note evidencing these loan and the Deeds of Trust (naming 3oel M. Schlanger and Wilburn C. Dibling, 3r. as Trustees) securing these loans to be approved as to form by the City Attorney. (Attachments) Respectfully submitted, W. Robert Herbert City Manager BC:rs(CR.50.1, 50.2, 50.3, 50.t;) Attachments cc.' City Attorney Director of Finance Director of Public Works Building Commissioner Housing Development Coordinator Grants Monitoring Administrator Chief~ Office of Billings and Collections Director, RRHA ATTACHMENTS THIS IS A PURCHASE MONEY DEED OF TRUST THIS DEED OF TRUST made as of the by and between __day of .,19 (herein referred to as "Grantor") and Wilburn C. Dibling, 3r., of the City of Roanoke, Virginia, and 3oel M. Schlanger, of the County of Roanoke, Virginia (herein referred to as "Trustees"), either of whom may act; and the City of Roanoke, Virginia (herein referred to as the "City") legal holder of the hereinafter described note, NOW THEREFORE, WITNESSETH: That for and in consideration of the provi- sions of this Deed of Trust (herein referred to as "Deed") and of $1.00 cash in hand paid and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantor does hereby grant and convey unto the Trustees, with General Warranty of title, the real property described with par- ticularity in Exhibit A, which is attached hereto, together with all buildings, improvements, and fixtures now or hereafter erected thereon, including without limitation all apparatus, equipment, fixtures or articles, used to supply heat, gas, air conditioning, water, light, power, refrigeration, ventilation, or other services, and all items of personal property and any other thing now or hereafter therein or thereon used in connection with the real property including without limitation screens, window shades, storm doors and windows, affixed floor coverings, screen doors, venetian blinds, awnings, stoves and water heaters (all of which are declared to be a part of said real property whether physically attached thereto or not); and also together with all rights, privileges, appur- tenances, easements belonging or in any way appertaining thereto or otherwise relating to the real property, as well as any unearned hazard insurance premium with respect to such real property, all of which are hereby pledged, assigned, transferred and set over unto the Trustees, whether now due or hereafter to become due (all of such real property herein referred to as "Property") . IN TRUST, to secure to the City the performance and payment by the Grantor of all present and future obligations arising out of the Note and accompanying documents between Grantor and the City for an amount not to exceed at any one time outstanding the pricipal sum of ($ ) plus finance charges, late charges, and costs of collection, including attorney's fees and foreclosure expenses, to the order of the City of Roanoke, Virginia (hereinafter referred to as "Secured Indebtedness") which Secured Indebtedness is due and payable on order of the City, and also to secure the due and punctual performance by Grantor of each and every covenant and agreement (hereinafter referred to as the "Secured Covenants") of the Grantor to and with the City concerning or relating to the Property. Page I of 9 THIS DEED OF TRUST, except to the extent inconsistent with the specific and express provisions contained herein, shall in all other respects be read and construed with, and to such extent be deemed to incorporate by reference, the pro- visions of Section 55-59, Code of Virginia (1950), as in force and effect on the date of aknowledgement hereof, and shall include in short form provided in Section 55-60 of said Code the following provisions: Exemptions waived Subject to all upon default Renewals and extensions permitted Insurance required dollars Substitution of Trustee permitted Any Trustee may act. The parties hereto aknowledge that the Grantor has executed a deed of trust note of even date (the "Note") payable to the City in the amount of Dollars ($ ) and maturing on , 19 and evidencing a loan for the purchase and/or rehabilitation of a single family residence intended for occupancy by persons and families of low and moderate income. The Grantor desires to secure to the City the payment of certain indebtednesses of the Grantor to the City and the performance of certain covenants made by the Grantor to the City. SECURED COVENANTS The parties hereto do further covenant and agree as follows: 1. Title~ Payment and Performance. Grantor hereby covenants that Grantor is lawfully seized of an indefeasible estate in the Property in fee simple and has the right to convey it; that Grantor will execute such further assurances of title as may be requisite; that Grantor will pay punctually and promptly all of the said indebtedness; and that no purchaser hereunder shall be required to look to the application of the purchase money. 2. Maintenance of the Property. (i) Grantor shall promptly repair, restore or rebuild any part of the Property that may become damaged or destroyed while subject to the lien of this Deed; (ii) Grantor shall not commit or suffer waste of the Property; (iii) Grantor shall not commit or suffer to be done or exist on or about the Property any condition whereby the Property shall become less valuable; (iv) without prior permission, Grantor shall not remove or demolish any part of the Property; (v) Grantor shall comply with all applicable laws, ordinances, regula- tion, covenants, conditions and restrictions affecting the Property, and not suffer or permit any violations thereof. 3. Rents and Profits. Grantor hereby transfers, sets over and assigns to the City all rents and profits of the Property from time to time accruing, whether under leases or tenancies now existing or hereafter created, providing that the Grantor reserves the right to receive and retain such rents and profits so long as the Grantor is not in default hereunder. #. Expenses Incurred in Collection of Secured Indebtedness. Grantor agrees to pay all expenses incurred in the collection of the indebtedness hereby secured, including reasonable attorney's fees or a reasonable fee for the services rendered by the City's Attorney in enforcing any right of the City in the collection of the indebtedness hereby secured. Page 2 5. Condemnation Under Eminent Domain~ 3udgements~ Awards of Damages~ Settlements~ and Compensation. if the Property, or any part thereof, be condemned under the power of eminent domain, the proceeds and consideration for such acquisition to the extent of the fuji amount then secured by this Deed of Trust, are hereby assigned by Grantor to the City of Roanoke and shah be paid forthwith and directly to the City of Roanoke to be applied on account of the then full amount of the indebtedness hereby secured. Grantor further transfers, sets over and assigns to the City all judgements, awards of damages, settlements and compensation made in con- nection with or in lieu of (i) any damage to or destruction of the Property by casualty, and (ii) any other injury or damages to the Property. The City is authorized and empowered (but not required) to collect and receive any such sums and is authorized to apply them in whole or in part to the reduction of the Secured indebtednesses and/or to the performance of the Secured Covenants. 6. Default in Payment of Indebtedness. Grantor agrees that if default be made in the payment of the indebtedness or covenants hereby secured, the Trustees (i) may take possession of the real estate, or any part hereof, and ]ease in the name of and for the account of Grantor, or in the name of and for the account of its then owner~ or (ii) may give notice of such default to the lessee of the Property in the event it shah have been leased by the Grantor, and thereafter collect the rents from the lessee. In either of such events, the Trustees shah deduct from such rents all costs of collection and administration and apply the net proceeds to the Secured Indebdtedness. The Trustees are hereby empowered to bring in their names, or each of them, or in the name of the owner of the Property, any suit or action they may deem advisable for the enforcement of the provisions of this clause to the same extent as if the Trustees were then lessor of the Property, but the Trustees shah be in no way personally liable under any of the provisions of such lease or of this clause, and shall not be personally liable to any person by virtue of their possession of the Property or by virtue of their acting under any provision of this clause, except to the extent of accounting for rents actually received by them hereunder. The rights and remedies given under this clause are in addition to and not in lieu of those given by law or by other clauses of this deed, and may be exercised without pred- judice to such other rights and remedies. 7. Default and Payment of Taxes or Assessments. Grantor further agrees that in the event of default, or in the payment of any taxes or assessments, the City of Roanoke may pay same, and all sums so advanced shall immediately attach as a lien hereunder, and be payable on demand. Upon failure or inability faithfully and fully to keep and perform any of the other conditions or covenants herein provided, then upon any and every such default so made as aforesaid, it is expressly covenanted and agreed by Grantor that the City of Roanoke may, after thirty days default, treat the whole principal debt and interest thereon hereby secured as thereupon immediately due and payable, and shall, in order to recover said principal debt or sumand interest, have the right then or thereafter at any time to sue thereon at law or in equity, or to enforce payment thereof by means of any remedies or provisions in this instrument contained, and these rights shall exist notwithstanding that, by the terms of the note or notes hereby secured, they may not on their face be due. 8. Advertisement For Sale. In the event of default occurring as described in the preceding paragraph, then the Trustees, their successors or assigns, on being requested to do so by the City of Roanoke, shall sell for cash the Property, after first advertising the time, place and terms of sale once a week for two weeks in some newspaper published in, or having a general circulation in, the county, city or town wherein the Property lies, or by any method of advertisement that the Trustees may deem advisable. Page 3 9. Entry and Receivership. In the event of any default hereunder and irrespec- tive of whether the City accelerates the maturity of all indebtednesses secured hereby, the City may exercise the rights and remedies provided herein. In addition, in the event of such default, the City, upon the City's written demand to the Trustees, or the Trustees, without notice, may enter upon and take possession of the Property or any part thereof, and perform personally or by their agents any acts which the City or the Trustees deem necessary or proper to operate, manage and con- serve the Property and/or have a receiver appointed. 10. Postponement or Continuance of Sale. If at the time of the sale the said Trustees, or the one acting, shall deem it best for any reason to postpone or con- tinue said sale for one or more days, they or he may do so, in which event, notice of such postponement or continuance shall be made in such manner as the Trustees, or the one acting, may deem sufficient. It is further agreed that if the said property shall be advertised for sale as herein provided and not sold, the Trustees, or the one acting, shall be entitled to one-half the commission by law provided, to be com- puted on the amount of the principal then unpaid. Il. Written or Oral Representations oi Default. Grantor iurther covenants that the Trustees may rely upon the written or oral representations of the City of Roanoke that this Deed of Trust is in default, and all action taken pursuant to notice of default and request for foreclosure shall be binding upon Grantor, the Trustees and those claiming through or under them. 12. Quiet Use~ Possession and Management. Until default in the payment of the indebtedness hereby secured, or the breach of one or more of the covenants of the note(s) evidencing the said indebtedness, or of this Deed of Trust, or the happening of any event which would constitute a default under the terms hereof, Grantor shall remain in quiet use, possession and management of the Property, and in enjoyment of the income, revenue and profits therefrom, subject to the terms of this Deed. 13. Heirs~ Executors~ Administrators~ Successors and Assigns. The covenants contained herein shall bind, and the benefits and advantages shall inure to, the respective heirs, executors, administrators, successors and assigns of the parties hereto. Whenever used, the singular number or noun shall include the plural and the plural the singular. 14. Sales and Transfers Prohibited. During the period that the Note, is secured by this Deed, the Grantor will not, without the prior written consent of the City, sell, assign, convey or transfer, nor suffer or permit any sale, assign- ment, conveyance or transfer of all or any part of any interest in the Property or any other security hereunder. Any permitted sale, conveyance or transfer shall be on terms and conditions as the City shall prescribe. If all or any part of the Property or interest therein is sold, transferred or leased by the Grantor, or he contracts to sell, transfer or lease the same, without the prior written consent of the City o~ Roanoke, the City, at its option, may declare all sums hereby secured to be immediately due and payable. No sale of the Property, forebearances on the part of the City or extension of time for the payment of the Secured Indebtednesses given by the City shall operate to release, discharge, modify, change or affect the original liability of the Grantor herein either in whole or in part. Page 15. Insurance. Grantor shah maintain property and casualty insurance for the full replacement cost of the Property, and to maintain policies of insurance against other such hazards, casualties and contingencies as the City may require, with all such policies to be in form satisfactory to, and in insurance companies approved by, the City. The proceeds of any such insurance shall be applied to the full repayment of the Secured Indebtednesses. Such policy or policies shaH, at the option of the City, be directed to and held by the City without liability. 16. Rights of City to Remedy Defaults. (a) If the Grantor defaults in payment of any sums or in the performance of any act required to be paid or performed by the Grantor under the provisions of any of the covenants herein, the City may, at its option, make payment thereof or perform any act required of the Grantor, to such extent and in any form or manner deemed expedient by the City, and pay any other sums, expenses, and charges inc]uding attorneys' fees which the City deems necessary and appropriate therefor. The City shall be the sole judge of the validity, priority and amount of any such claim so paid by it and the necessity for the performance by the City of any such act which the Grantor was required but failed to perform. The City at its option, shall be subrogated to any encumbrance, lien, claim or demand which it has paid under the provisions hereof and any such subrogation rights shall be additional and cumulative security to those set forth in this Deed and as provided by law. (b) Upon the payment of any sums or performance of any act which the Grantor fails to pay or to perform, the amount so paid or the cost of performing any such act, together with other sums paid or incurred by the City (inc[uding charges, expen- ses and attorneys' fees deemed necessary or appropriate by the City to effect such payment or to perform such act) immediately and without demand, shall be paid by the Grantor to the City. The foregoing amounts shah be secured hereby. 17. Rehabilitation. (a) The Grantor agrees that it will comply with the provi- sions of all applicable federal, state and local laws prohibiting discrimination in housing and that the Grantor, to the extent it has employees, and all of Grantor~s contractors and subcontractors engaged Jn the construction, rehabilitation, or management of the Property, shall provide an equal opportunity for employment without unlawful discrimination. (b) The provisions of this paragraph shall apply during the period when the Secured Indebtedness is secured by this Deed. (i) a. The Grantor shall commence and proceed with the rehabilitation with ali practical dispatch, and in an economical, efficient and good and workmanlike manner, in compliance with the Plans and in accordance with the provisions hereof and with all applicable laws. b. The Grantor shall commence and proceed with the provision or the performance of the labor, services or materials necessary to install, construct or complete those improvements in accordance with the work write-up or the plans and specifications for the Property which were submitted to and approved by the City (such write-up or plans and specifications are referred to herein as the "Plans"). The Plans are incorporated herein by reference. Page c. in the event that any proceeding or authorization is required by any applicable ]aw or regulations either to enable the Grantor to execute, deliver or perform its duties hereunder or to undertake and complete the Rehabilitation, the Grantor will take all steps necessary including the payment of license and permit fees, to secure such approval, or to comply with such Jaw or regulation. d. The Grantor shall not permit any changes to the Plans without the approval of the City. Any desired changes must be approved by a change order signed by the Grantor and the Building Commissioner or the Assistant Building Commissioner for the City of Roanoke. (ii) It is agreed that the Grantor shall execute a Construction Disbursement Agreement and that the method of payment to Grantor of amounts disbursed in escrow pursuant to that Construction Disbursement Agreement this day and evidenced by the Note shall be governed by the terms and provisions of the Construction Disbursement Agreement dated , 19__, and incorporated herein by reference. (iii)a. The Grantor understands that the City is subject to the requirements of the Virginia Housing Partnership Revolving Fund Guidelines as amended from time to time (referred to herein as the "Fund Guidelines"). The Grantor hereby covenants and agrees to comply with the Fund Guidelines and agrees not to act or fail to act in any way which would cause the City to be in non- compliance with any of the Fund Guidelines. b. Without in any way limiting the foregoing, and without the prior written consent of the City, the Grantor shall not rent to, or otherwise allow occupancy of the Property by, any person or family other than the the Grantor and his family (who, shall at the time of execution of this Deed~ have an annual gross income less than or equal to 80% of the median family income as deter- mined by the Virginia Housing Partnership Revolving Fund for the applicable market area), for a period to expire eight years from the date hereon, and after this eight year period the Grantor shall not rent to, or otherwise allow occupancy of the Property by, any person or family who, shall at the time of occupancy, have an annual gross income greater than 80% of the median family income as then determined by the Virginia Housing Partnership Revolving Fund for the applicable market area. The Grantor shall examine and determine the income and eligibility of any person or family who is to rent or occupy the Property and shall report such determination to the Virginia Department of Housing and Community Development, or its assigns, in such form as it shall require. Such examination and determination shall be made, and such report shall be submitted to the City for approval prior to initial occupancy of the Property by such person or family. The Grantor will not permit the use of the Property except as a single family residence without the prior approval of the City. Page 6 18. Approvals and Authorizations. All approvals and authorizations under this Deed of Trust shall be in writing from the Building Commissioner or the Assistant Building Commissioner for the City of Roanoke. 19. Events of Default. Any one or more of the following events shall consti- tute a default under this Deed: (a) Default in the payment of any portion of the Secured Indebtedness or any installment thereof, whether principal, interest, when and as the same shall become due and payable, whether at maturity or by acceleration or otherwise; or (b) Default in the due performance or observance of any Secured Covenant; or (c) Misrepresentation or omission by the Grantor of any material fact in the Application, any supplements or amendments thereto or in or with respect to any document or information furnished pursuant thereto. (d) If the Grantor shall be involved in financial difficulties as eviden- ced: (i) by an admission in writing of its inability to pay its debts generally as they become due; (ii) by filing a petition in bankruptcy or for the adoption of an arrangement under the National Bankruptcy Act (as now or in the future amended) or an admission seeking the relief therein provided; (iii) by making an assignment for the benefit of creditors; (iv) by consenting to the appointment of a receiver or trustee for all or a substantial part of its assets or to the filing of a petition against it under said Bankruptcy Act; (v) by being adjudicated a bankrupt; (vi) by the entry of a court order appointing a receiver or trustee for all or a substantial part of the assets of Grantor or approving as filed in good faith a petition filed against it under said Bankruptcy Act; (vii) by the assumption of custody or sequestration by a court of competent jurisdiction of all or substantially all of the assets of the Grantor; (viii) by an attachment for an amount in excess of $5,000 on any substantial part of the assets of the Grantor which shall not be discharged within thirty (30) days from the making thereof; (ix) by a judgement or decree for the payment of money in excess of $5,000 being entered against the Grantor, or if an attachment, execution or levy is made upon any of its assets and the judge- ment, execution or levy, as the case may be, is not discharged or stayed within thirty (30) days from the date of the judgment, attachment, execu- tion or levy as the case any be; or (x) by default under any deed of trust recorded prior to this Deed. 20. Delay. No delay by the City or the Trustees in exercising any right or remedy hereunder or otherwise afforded by law shall operate as a waiver thereof or preclude the exercise thereof during the continuance of any default hereunder. 21. Remedies Cumulative. No remedy herein contained or conferred upon the City or the Trustees is intended to be exclusive of any other remedy or remedies afforded by law or by the terms hereof to the City or the lrustees, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity. Page 7 22. Headings. The headings herein are inserted for convenience of reference and in no way define, limit or describe the scope or intent of this Deed, or of any particular provision thereof, or the proper construction thereof. 23. Entire Agreement. This writing, and all documents referred to herein, constitute the entire agreement. No modification of this writing shall be made without written consent of the Grantor and the City. 24. Enforceability. If any term or provisions of the Deed of Trust is invalid or unenforceable to any extent, the remainder of this Deed of Trust will not be affected. 25. Notice. Any notice, demand or other communication required or otherwise to be sent or delivered to City shall be sent by first class mail to: Housing Development Office, Administrator 215 Church Avenue S~ Room 170 - Building Department Roanoke, VA 24011-1592. Upon the payment of all Secured Indebtednesses and upon the performance of all Secured Covenants, the Grantor covenants to pay the expenses of releasing this Deed. WITNESS the following signatures and seals. (SEAL) (SEAL) STATE OF VIRGINIA CITY OF ROANOKE, to wit: day of The foregoing instrument was acknowledged before me this , 19 by My commission expires: NOTARY PUBLIC Page 8 EXHIBIT A Property Description Page 9 CITY OF ROANOKE, VIRGINIA DEED OF TRUST NOTE $ Roanoke, Virginia , 19 FOR VALUE RECEIVED, the undersigned jointly and severally promise to pay to the order of the City of Roanoke, Virginia (the "Noteholder"), the principal sum of Dollars ($ with interest on the unpaid principal balance from the first day of the second month following the month in which closing occurs, until paid, at the rate of four percent (q%) per annum. The principal and interest shall be payable at the principal office of the City of Roanoke, Department of Billings and Collections, or such other place as the Noteholder may designate in writing, in consecutive monthly installments of Dollars ($ ) each, on the first day of each month beginning 19__, and continuing on the like day of each successive month thereafter until the entire indebtedness evidenced hereby is fully paid, except that any remaining, if not sooner paid, shah be due and payable on the 1st day of , 19__. All payments received by the Noteholder on account of this Note shall be first applied to accrued interest and the residue to reduction of principal. The undersigned shall pay to the Noteholder a late charge of five percent (5%) of any installment not received by the Noteholder within fifteen (15) days of its due date. If there is a breach of any of the covenants contained in the Deed of Trust to 3oel M. Schlanger and Wilburn C. Dibling, 3r., Trustees, of even date herewith and recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, which said Deed of Trust secures the debt hereby evidenced, or in the event that any monthly installment due under this Note is not paid when due and remains unpaid for a period of fifteen (15) days after written notice is sent, stating that any of the parties hereto shah be in default, then the entire principal amount outstanding hereunder and accrued interest thereon shaH, at the option of the Noteholder, immediately become due and payable for all pur- poses whatsoever, and its collection may be enforced by any remedy in law or in equity. Failure to exercise such option upon default shall not constitute waiver of the right to exercise such option upon any subsequent default. The time of payment of all or any part of the debt hereby evidenced may be extended or renewed from time to time by the Noteholder, and no such extension or renewal shall in any way waive or release the liability of anyone in any way liable for the payment hereof. The right is reserved to prepay this Note, in whole or in part, on any installment due date. At the option of the Noteholder, prepayments shah be applied to reduction of the indebtedness in the inverse order of maturity of the instaHments provided for herein. The loan evidenced by this Note is being made to finance purchase and/or improvement of certain property pursuant to the Home Purchase Assistance Program. This Note and the instrument securing the same may be sold, assigned, transferred by the Noteholder. Page I of 2 The undersigned makers, and any and aH endorsers, sureties, guarantors and assumers hereof (each a "Party" and collectively the "Parties" hereto), hereby jointly and severaliy waive presentment, demand, protest, notices of dishonor and of protest, the benefits of homestead, and all other waivable exemptions, and all defenses and pleas on the ground of any extension(s) or renewals of the time of payment or of the due dates of this Note, in whole or in part, before or after maturity, with or without notice, it being further agreed by all the makers that they, or each of them, will pay any collection expense, court costs, and reasonable attorneys' fees which may be incurred Jn the collec- tion or enforcement of this Note or any part hereof. This Note is secured by a Deed of Trust of even date herewith conveying real property and other security, which real property is briefly described as located in the City of Roanoke, Virginia and more fully described in said Deed of Trust, in which Trustees are Wilburn C. Dibling 3r., and Joel M. Schlanger. ~//ITNESS the following signatures and seal. (SEAL) (SEAL) (address) COMMONWEALTH OF VIRGINIA ) To-wit: CITY OF ROANOKE ) I hereby certify that the foregoing Deed of Trust Note was acknowledged before me by , this __ day of My Commission expires: , 1990. Notary Public COMMONWEALTH OF VIRGINIA CITY OF ROANOKE This is to certify that this is the Note described in and secured by Deed of Trust dated , 19 , on the Property located in Roanoke, Virginia. My commission expires: Date: Notary Public Page 2 of 2 CONSTRUCTION DISBURSEMENT AGREEMENT day of "City") . THIS CONSTRUCTION DISBURSEMENT AGREEMENT ("Agreement") made this , 19__, by and between (the "Mortgagor"), and the City of Roanoke (the WITNESSETH WHEREAS, pursuant to the Home Purchase Assistance Program, the City of Roanoke (the "City") has agreed to make a Home Purchase Assistance Program Loan (the "Loan") to the Mortgagor to be evidenced by a deed of trust note (the "Note") and to be secured by a deed of trust (the "Deed of Trust") of even date herewith; WHEREAS, the Loan is to provide in part, financing for the Rehabilitation, as defined in the Deed of Trust, in accordance with and subject to the terms and con- ditions set forth therein; and WHEREAS, the Deed of Trust requires that the Mortgagor shall execute a Construction Disbursement Agreement governing the disbursement of some of the proceeds of the Loan to be held in an account (the "Account") with the City of Roanoke subsequent to closing on the purchase of the property in question; and WHEREAS, the City is willing to establish and administer the Account for the aforesaid purpose; and WHEREAS, in accordance with the Deed of Trust, the Mortgagor and the City desire to set forth the terms and conditions upon which the proceeds of the Loan for the Rehabilitation are to be held and disbursed. NOW, THEREFORE, for good and valuable consideration, the Mortgagor and the City hereby agree as follows: I. The proceeds in the amount of ($ (the "Funds"), said proceeds representing a portion of the Loan, shall on the date hereof be disbursed to the Mortgagor and thereupon deposited into the Account, and shall hereafter be held in the Account by the City and shall be disbursed therefrom by the City in accordance with the following terms and con- ditions: a. Upon request by the individual or entity identified as the Mortgagor's contractor, ("Mortgagor's Contractor"), and upon approval of the Mortgagor, said appro- val to include agreement by Mortgagor of the identification of the Mortgagor's Contractor, funds shall be disbursed by the City in accordance with the Disbursement Schedule attached hereto and made a part hereof as Schedule A. b. On or before the date of each disbursement and as a precondition thereto, the Mortgagor shall deliver to the City an endorsement to the title insurance policy (if such a policy was required by the City at closing) which shall update the effective date of the title insurance policy to the date of such disbursement and increase the amount of coverage thereunder to an amount at least equal to the total of the all Loan disbursements, including such disbursement. Such endorsement shall be subject only to such exceptions as shall be acceptable to the City. Page I of 2 c. The final disbursement of the Funds shall be made by the City upon the request of the Mortgagor's Contractor, the approval of the Mortgagor, and upon statisfaction of the following requirements: (i) The Rehabilitation shah have been completed in accordance with the work write-up attached hereto and made a part hereof as Attachment B, and the property shall be made ready for occupancy in accordance with the requirements of the Deed of Trust. (ii) A Certificate of Occupancy shall be issued by the Building Commissioner for the City of Roanoke. (iii) All funds disbursed pursuant to this Agreement shall be dis- bursed by check to the Mortgagor's Contractor and the Mortgagor. d. If the Mortgagor shall fail to complete the Rehabilitation in accor- dance with the Deed of Trust and the work write-up, the City may withdraw and apply the remaining Funds as it it shah deem necessary or appropriate therefor. The remedies set forth in this subparagraph d shall be in addi- tion to all rights and remedies provided in the Deed of Trust. 2. Notwithstanding anything to the contrary herein, the City shah not be obligated to make any disbursement hereunder, if the Mortgagor shall be in breach of any provisions in this Agreement or shall be in default under the Deed of Trust. 3. The Funds shah be security under the Deed of Trust for the payment of the Secured Indebtednesses (as defined therein) and the performance of the Secured Covenants (as defined therein). #. This Agreement may not be assigned by the Mortgagor without the writ- ten approval of the City and shah be binding upon, and shall inure to the benefit of, the successors and assigns (as so approved) of the Mortgagor. IN WITNESS WHEREOF, the parties hereto, by their authorized represen- tations, have set their hands as of the date set forth above. MORTGAGOR MORTGAGOR City of Roanoke By: W. Robert Herbert City Manager Page 2 of 2 SCHEDULE A DISBURSEMENT SCHEDULE The Funds shall be disbursed by the City to the Mort§a§or as follows: 1. Two (2) interim pro§tess disbursements when requested by the Mort§agor's Contractor and approved by Mort§agor as hereafter prescribed, the first on satis- factory completion of at least fourty percent (g0%) of the value of the work in accordance with the work write-up, and the second on satisfactory completion of at least eighty percent (80%) of the value of the work in accordance with the work write-up; and a final disbursement of the remainder of the Funds on satisfactory completion of the work in accordance with the work write-up, the Deed of Trust, and the A§reement. For purposes of this paragraph, "value of the work" completed shall mean value of the work actually performed. Materials purchased and stored at the site shall not be considered in determining value for purpose of interim pro§tess disbursements. 2. Interim pro§tess disbursements may be requested in writin§ to the City by the Mortgagor's Contractor on completion of the percentages of the work completed as set forth in para§raph ! above. Such requests shall certify that the required percentage value of the work has been completed in accordance with the work write- up, and shall be accompanied by waivers of liens si§ned by the Contractor and all subcontractors and suppliers of work completed and materials furnished to the date of the disbursement request. On receipt of a request for interim disbursement, the Mort§agor shall have the work inspected by an inspector from the City ol Roanoke Redevelopment and Housin§ Authority (the "RRHA"). If the RRHA inspector certilies to the City that the required percentage value of the work has been completed in accordance with the work write-up~ the Deed of Trust, and the Agreement, the City wJJl issue a check payable to the Mortgagor and the Mortgagor's Contractor within l~ days alter receipt by the City of the RRHA inspector's certification. 3. Final disbursement may be requested in writing to the City by Mortgagor's Contractor on completion of the work. Such request shall certify that the work has been completed in accordance with the work write-up and shall be accompanied by final waivers ol liens signed by Mortgagor's contractor and all subcontractors and suppliers. On receipt of the request for final disbursement, the Mortgagor shall have the work inspected by the RRHA inspector. Upon the RRHA inspector's certification to the City that the work has been completed in accordance with the work write-up, the Deed of Trust, and the Agreement the City shall issue a check lot the remainder to the Contractor and the Mortgagor within 1~ days of the reciept of the RRHA inspector's certilication that all conditions of payment have been met. #. All requests for disbursements shall be submitted in writing to the Housing Development Office for the City ol Roanoke at: City of Roanoke Housing Development Office 21.5 Church Avenue 5W Room 170 - Building Department Roanoke, Virginia 2~011-1~92. MARY F. pARI~R City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 August 28, 1991 File #468B SANDRA H. EAKIN Deputy City Clerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30676-82691 authorizing execution of a contract with Mattern and Craig, Inc., in the amount of $1,969,400.00, to provide engineering services for Phase I of the Carvins Cove Improvement Project. Resolution No. 30676-82691 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 26, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra pc' Mr. Sam H. McGhee, III, Mattern and Craig, Inc., 701 First Street, S. W., Roanoke, Virginia 24016 Mr. Joel M. Schlanger, Director of Finance Mr. Kit B. Kiser, Director of Utilities and Operations Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 26th Day of August, 1991. No. 30676-82691. A RESOLUTION authorizing the execution of a contract Mattern and Craig, Inc. to provide engineering services for Phase I of the Carvins Cove Improvement Project. with BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement with Mattern and Craig, Inc., for the provision by such firm of engineering services for Phase I of the Carvins Cove Improvement Project, as more particularly set forth in the August 26, 1991, report of the City Manager to this Council. 2. The contract authorized by this resolution shall be in the amount of $1,969,400.00. 3. The form of the contract with such firm shall be approved by the City Attorney. ATTEST: City Clerk. MARY F. PARKER City Clerk CITY OF ROANOK OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981.2541 August 28, 1991 File #60-468B SANDRA H. EAKIN Deputy City Clerk Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30675-82691 amending and reordaining certain sections of the 1991-92 Water Fund Appropriations, providing for appropriation of $2,009,400.00 of anticipated bond proceeds, in connection with award of an engineering services reimbursement, with cost ceiling contract, to Mattern & Craig, Inc., for Carvins Cove Improvements, Phase I. Ordinance No. 30675-82691 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 26, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra Mr. ~/. Robert Herbert, City Manager pt ';t B. Kiser, Director of Utilities and Operation -' Clark, Director of Public Works l~. 'uffine, City Engineer ¥. ~ Manager, Office of Management and Budget ZN THE COUNCZL OF THE CZTY OF ROaNOkE, VZRGZNZA The 26th Day of August, 1991. No. 30675-82691. AN ORDINANCE to amend and reordain certain the 1991-92 Water Fund Appropriations, emergency. sections of and providing for an WHEREAS, Government of the exist. for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Capital Outlay from Revenue Carvins Cove Improvements (1) $3,864,301 ......................... 2,009,400 Revenue Bonds Receivable (2) .......................... $2,009,400 1) Appropriations from General Revenue (002-056-8353-9003) $2,009,400 2) Revenue Bonds Receivable (002-1258) 2,009,400 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk Honorable Mayor and Members of C~ ~1 ~:4~ Roanoke, Virginia Roanoke, Virginia August 26, 1991 SUBJECT: CARVINS COVE IMPROVEMENTS, PHASE I I. Back~round: Water System Capital Improvement Pro~ram was approved by City Council on June 24, 1991 to make an expansion of and renovation to the Carvins Cove Treatment Plant, and distribution systems and other associated work. For the sake of expediency, funding and ease of construction, it was decided to divide the work into two design phases. B. Phase I scope of work is detailed in Section II E. C. Phase II will comprise all other work to the reservoir including addi- tional transmission mains, and additional storage facilities. II. Current Situation is that Engineering Services Qualification Proposals for the necessary design were publicly advertised and received from: * Dewberry & Davis * Piedmont Olsen, Inc., * Hazen and Sawyer, P.C. * Wiley & Wilson * Hayes, Seay, Mattern & Mattern, Inc. * Finkebeiner, Pettis & Strout, Ltd. * HDR Engineering, Inc. * Boyle Engineering Corp. * Mattern & Craig, Inc. (in association with Alvord, Burdick & Howson, Consulting Engineers) A. Selection of the firms for consideration was based on the following criteria: 1. Qualification of personnel. 2. Time available to meet schedule. 3. Experience in design of water treatment facilities. Page 2 4. Ability to produce project on time. 5. Local accessibility for project coordination and cooperation. 6. Response to request for proposal. 7. Past Record with the City of Roanoke. Interviews were held with all firms with the exception of Hazen and Sawyer, P.C. and Wiley & Wilson who withdrew their proposals. Staff team included Charles M. Huffine, P.E., City Engineer; L. Bane Coburn, P.E., Civil Engineer II; M. Craig Sluss, Manager, Water Department; and Dianna L. Likens, Civil Engineer I. Mattern & Crai~ Inc. in association with Alvord, Burdick & Howson, Consulting Engineers were selected as the most qualified firms due to their past performance on the Carvins Cove Feasibility Study as well as their extensive past experience designing water treatment facili- ties. Phase I negotiations were conducted with Mattern & Craig, Inc. (in association with Alvord, Burdick & Howson, Consulting Engineers) for the necessary design work and related tasks. E. Scope of work to be performed in Phase I includes: 1. Rework the intake tower in the dam to increase its capacity and provide the intakes with screens. 2. Installation of a new 36" diameter parallel water main from the dam down to the filter plant. 3. A new low lift pump station on this main with stand-by generator power and then rebuild the present low lift pump station. New work at the plant would increase aeration of raw water, addi- tional chemical contact and settling time, rebuilding of all filter beds, a new reservoir and pumps for backwash water deli- very, piping rerouting to deliver filtered water to the new four million gallon reservoir and interconnection to the existing two million gallon reservoir, and sludge disposal process improve- ments. Work off site to include stand-by generator power and controls for the Boxley Hills Pumping Station. Page 3 Lump Sum Fee is based on percentages of fee guidelines set forth in the Commonwealth of Virginia Capital Outlay Manual to design facili- ties in (D) Scope of Work as well as preparation of all contract docu- ments and contract administration. Additional services are set up as allowances to insure reasonable pay rates with an acceptable cost ceiling. Additional Services to include topographic and underwater surveys, geoteohnical surveys, water and sludge testing, bond prospectus, record drawings, Operation and Maintenance Manuals, resident construction engineers and staff training and start-up. 2. Cost Breakdown Basic Services $1,263,500.00 Additional Services (see above) 505,900.00 Resident Construction Engineers + 200~000.00 Total $1,969,400.00 Resident Construction Engineers is based on one inspector for two years to inspect Phase I construction. Basic Services is equal to 7.5~ of the current total estimated construction cost of $16,744,000.00 for Phase I. This fee is approximately 1~ higher than fee guidelines since it will be necessary to keep all existing facilities on line during construc- tion. The slightly higher fee is also because of the accelerated schedule due to the requirement that construction be completed by 1993. III · Issues in evaluating the proposal and awarding contracts to firms known to be qualified are: A. Inclusion of proper work scope. B. Ability to meet time schedules. C. Reasonableness of fee. D. Availability of fundin$. Page 4 IV. Alternatives for providing the necessary work are: Award engineering services reimbursement with cost ceiling contract to Mattern & Craig, Inc. who will subcontract for support services with Alvord, Burdick & Howson, Consulting Engineers in the amount of $1~9691400.00. Establish a contingency amount of $40~000.00 with a schedule amount of 180 days for design work. 1. Inclusion of proper work scope has been reviewed and verified. 2. Ability to meet time schedule has been demonstrated and firms are ready to begin immediately. 3. Reasonableness of fee has been established through guidelines set forth in the Commonwealth of Virginia Capital Outlay Manual as well as contract allowances with a cost ceiling. Mattern & Craig, Inc. along with Alvord, Burdick & Howson, Consulting Engineers have set a cost ceiling of $1~969~400.00. 4. Fundin~ will be available from the future sale of the water bonds to be sold for this purpose. Do not award engineering services reimbursement with cost ceiling contract to Mattern & Craig, Inc. in association with Alvord, Burdick & Howson, Consulting Engineers in the amount not to exceed $1,9691400.00. 1. Inclusion of proper work scope would have to be deferred to the City or other consultants. 2. Ability to meet time schedule would be jeopardized. 3. Reasonableness of fee cannot be assured. 4. Fundin~ would remain available from the future sale of water bonds to be sold for this purpose. Page 5 Recommendation: A. Authorize the City Manager to execute a professional services contract in a form approved by the City Attorney with Mattern & Craig, Inc. with a cost of $1,969,400.00 and establish a contingency amount of $40,000.00 with a design schedule of 180 days in accordance with Alternative "A". B. Appropriate ~2,009,400.00 of anticipated bond proceeds to an account to be established by the Director of Finance for the Carvins Cove Improvements, Phase I. Respectfully submitted, W. Robert Herbert City Manger WRH/DLL/fm cc: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations City Engineer M.~RYF. p.~K~R City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 August 28, 1991 File #236-240-67 SANDRA H. EAKIN Deputy City Clerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30679-82691 authorizing acceptance of an "America the Beautiful" Grant, in the amount of $4,995.23, made to the City by the Virginia Department of Forestry to be used for development of a computerized tree management program. Resolution No. 30679-82691 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 26, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra Eno. pc: Mr. J. W. Garner, State Forester, Virginia Department of Forestry, P. O. Box 3758, Charlottesville, Virginia 22903 Mr. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Gary N. Fenton, Manager, Parks and Recreation/Grounds Maintenance Mr. Barry L. Key, Manage~', Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, The 26th Day of August, 1991. No. 30679-82691. VIRGINIA, A RESOLUTION authorizing the acceptance of an "America the Beautiful" Grant made to the City by the Virginia Department of Forestry to be used for development of a computerized tree management program. BE follows: 1. IT RESOLVED by the Council of the City of Roanoke as The City of Roanoke hereby accepts the offer made by the Virginia Department of Forestry of a grant of funds in the amount of $4,995.23 to be used with a local cash match in the same amount to purchase urban forestry software to implement development of a computerized tree management program as more particularly set out in the report of the City Manager dated August 26, 1991. 2. The City Manager or the Assistant City Manager is hereby authorized to accept, execute and file on behalf of the City any documents setting forth conditions of such grant, and are further directed to furnish such additional information as may be required by the Virginia Department of Forestry in connection with the City's acceptance of the grant and implementation of the program. ATTEST: City Clerk. 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 August 28, 1991 File #60-240-236-67 .~LNIDRA H. EAKIN Deputy City Clerk Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlangev: I am attaching copy of Ordinance No. 30678-82691 amending and reordaining certain sections of the 1991-92 General Fund Appropriations, providing for appropriation of $4,995.00, in connection with acceptance of an "America the Beautiful" Grant from the Virginia Department of Forestry to be used for development of a computerized Tree Management Program. Ordinance No. 30678-82691 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 26, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra Ene. pc: Mr. W. Robert Herbert, City Manager Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Gary N. Fenton, Manager, Parks and Recreation/Grounds Maintenance Mr. Barry L. Key, Manager, Office of Management and Budget the emergency. Wq{EREAS, Government of the exist. IN THE COUNCIL OF THE CITY OF RO~OKE~ VIR~INI~ The 26th Day of August, 1991. No. 30678-82691. AN ORDINANCE to amend and reordain certain sections 1991-92 General Fund Appropriations, and providing for Roanoke Appropriations, be, to read as follows, of for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of that certain sections of the 1991-92 General Fund and the same are hereby, amended and reordained in part: A~ro~ri&tions Public Works Parks Maintenance $19,712,568 3,003,103 Revenue Grants-in-Aid Commonwealth Other Categorical Aid (2) .......................... 1) Furniture and Equipment 2) Computerized Tree Management (001-050-4340-9005) $4,995 (001-020-1234-0667) 4,995 $52,108,992 12,839,550 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk REC~¥EB CITY CLx?~ S ~:- '-'i"'[ Roanoke, Virginia '91 ;tUG 22 ;%9:36 August 26, 1991 Honorable Mayor Noel C. Taylor and Members of City Council Roanoke, Virginia Dear Mayor Taylor and Members SUBJECT: BACKGROUND: A. Approximately 15,000 City-owned trees exist streets and in the parks of Roanoke. B. of Council: Grant - Computerized Tree Management Program along the These trees have extensive aesthetic and environmental value, and are vital to the community. Urban Forestry staff within City Parks and Recreation Department are responsible for the management of these trees, in order to assure safety of persons and property, and promote the health and vigor of Roanoke's urban forest. II. CURRENT SITUATION Advanced a~e of Roanoke's urban forest results in the loss of approximately 500 City trees annually and the steady decline of many others. City's tree management and replacement efforts have been hampered by a lack of an accurate tree inventory and comprehensive tree management plan. Application for an "America the Beautiful" ~rant was filed with Virginia Department of Forestry, for the purchase of a urban forestry software program for the development of computerized tree management system. Grant of $4,995.23 funds for computer Refer to Attachment was approved, with equivalent local hardware to be provided by City. III. ISSUES: A. Need. B. Funding. C. Timing. Mayor and Members of Council Page 2 August 26, 1991 IV. ALTERNATIVES: A. Accept the "America the Beautiful" Grant and appropriate $4,995.23 to the Parks and Grounds budget. 1. Need for improved tree management system through computerization would be met. 2. Funding for local share is available within departmental budget, and has been encumbered. Timing issue would be met, as acceptance of grant would meet established deadline. Do not accept the "America the Beautiful" Grant and do not appropriate $4,995.23 to the Parks and Grounds budget. 1. Need for improved tree management system through computerization would not be met. 2. Funding issue would be moot. 3. Timing issue would be moot. RECOMMENDATION: City Council concur with Alternative 'A' and accept the "America the Beautiful" Grant and appropriate $4,495.23 to "Furniture and Equipment" (#001-050-4340-9005). B. Establish a revenue estimate of $4,995.23 for this grant. Authorize the City Manager or his designee to execute the necessary documents accepting the grant. Respectfully Submitted, ~~r~ City Manager WRH/gnf Mayor and Members of Council Page 3 August 26, 1991 Attachment CC: City Attorney Director of Finance Director of Administration and Public Safety Manager, Office of Management and BudGet Manager, Parks and Recreation 'C:OMMON PVEALTP/s/Vi.R% ]NiA DEPARTMENT OF FORESTRY July 10, 1991 Mr. Dan Henry Parks & Recreation Department 210 Reserve Avenue, SW Roanoke, VA 24016 Dear Mr. Henry: On behalf of the Virginia Department of Forestry and the USDA - Forest Service, it is my pleasure to notify you that a grant of $4,995.23 has been awarded to Roanoke Parks and Recreation Department for its "Computerized Tree Management Program" proposal, through the America the Beautiful Urban and Community Forestry Grant Program. The America the Beautiful Grant program recognizes innovative approaches to developing partnerships between local governments, corporations, non-profit organiza- tions and citizens. I applaud your organization for taking advantage of this program to enhance the urban forests in your community. You will be setting an example for citizens across the Commonwealth. In a few days you will be receiving documentation concerning your grant award. which should be completed and returned at your earliest convenience to the attention of the "America the Beautiful Program" at the above address. I encourage you to involve your local Virginia Department of Forestry forester in the implementation of your project. Please do not hesitate to call upon the Department .of Forestry if we may be of any assistance to you. Sincerely, NER stet 3.1 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V'wginia 24011 Telephone: (703)981-2541 August 28, 1991 File #60-5-472 SANDRA H. EAKIN Deput~ City Clerk Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30680-82691 amending and reordaining certain sections of the 1991-92 General Fund Appropriations, providing for transfer of $14,775.00 from Contingency Reserve to Police Investigation, to provide funds for the purchase of nine portable radios and related accessories to be used by members of the Police Department's C.O.P.E. Team. Ordinance No. 30680-82691 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 26, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra Enc o pc: Mr. W. Robert Herbert, City Manager Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. M. David Hooper, Chief of Police Mr. Barry L. Key, Manager, Office of Management and Budget the emergency. WHEREAS, Government of the exist. THEREFORE, BE Roanoke that certain IN THE COUNCIL OF THE CITY OF ROANOXEt VIRGINI& The 26th Day of August, 1991. No. 30680-82691. AN ORDINANCE to amend and reordain certain sections of 1991-92 General Fund Appropriations, and providing for an for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to IT ORDAINED by the Council of the City of sections of the 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: & ro riations Public Safety Police Investigation Nondepartmental Contingency - General Fund $29,234,459 (1) ............................ 2,688,582 12,000,252 (2) ...................... 338,922 1) Furniture and Equipment (001-050-3112-9005) $ 14,755 2) Contingency (001-002-9410-2199) (14,755) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk CITYCLE~V ~ ~- AUG 22 A9:36 Honorable Mayor and Members of City Council Roanoke, Virginia Roanoke, Virginia August 26, 1991 Dear Members of Council: Subject: Portable Radio Purchase and Transfer of Funds I. Background: II. Police Department developed and implemented the "Community Oriented Policing Effort" (COPE) Project in Lincoln Terrace Public Housing Complex August 1, 1991. The COPE Team, staff, materials, and equipment are a redistribution of current resources and overuse of existing equipment. Current Situation: A. Portable radio equipment now being used by the COPE Team is "borrowed" from other assignments and performing "double duty" thereby taxing the equipment's capability. This program was developed and implemented after formulation of FY 91-92 budget and based on community need. III. Issues: A. Officer safety B. Funding IV. Alternatives: Authorize City Manager to purchase nine (9) portable radios and related accessories to provide members of the COPE Team instant and reliable communications capability, and authorize transfer of $14,755 from Contingency Reserve account #001-002-9410-2199 to Police Department equipment account #001-050-3112-9005. Officer safety will be enhanced. Funds are available. Do not approve transfer of funds from Contingency Reserve account to Police Department equipment account for the purchase of radios for use by COPE Team members. Honorable Mayor and Members of City Council Page 2 August 26, 1991 Officer safety will not be enhanced. Funding no longer at issue. V. Recommendation: Adopt Alternative A and authorize transfer of $14,755 from Contingency Reserve Account #001-002-9410-2199 to Police Department Account #001-050-3112-9005 to enable the desired purchase. Respectfully submitted, W. R~o er~e~ City Manager WRH:MDH:mr MARY F. PARKER Cit~ Clerk CITY OF ROANOKE. OFFICE OF THE CITY CLERK 215 Church Avenue, S.W. Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 August 28, 1991 File #60-511-102-20-77 SANDRA H. E. AKIN Deputy City Clerk Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30682-82691 amending and reordaining certain sections of the 1991-92 Capital Projects Fund Appropriations, providing for appropriation of $1,224,000.00 and transfer of $44,000.00, to provide funds to meet anticipated expenditures for Second Street/Gainsboro Road, Fifth Street Bridge Replacement, and Brandon Avenue widening for fiscal year 1991-92. Ordinance No. 30682-82691 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 26, 1991. Sincerely, 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. Charles M. Huffine, City Engineer Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 26th 0ay 0f August, 1991. N0. 30682-82691. AN ORDINANCE to amend and reordain certain sections of the 1991-92 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Streets and Bridges 2nd Street/Gainsboro/Wells Avenue (1) ............. Fifth Street Bridge Replacement (2) ............... Brandon Avenue Widening (3) ....................... Capital Improvement Reserve Public Improvement Bonds - Series 1988 (4) ........ $ 8,945,213 4,293,752 29,500 10,000 (7,658,292) 789,037 Reve~u___.~ Due from State - 2nd Street (5) $ 516 850 1) Appropriation from State Funds 2) Appropriation from Bond Funds 3) Appropriation from Bond Funds 4) Streets and Bridges 5) Due from State - 2nd Street (008-052-9547-9001) (008-052-9599-9001) (008-052-9638-9001) (008-052-9603-9181) (008-1233) $ 1,224,000 10,000 10,000 ( 44,000) 1,200,000 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Honorable Mayor and Membe~~ o~ ~ ~2~ ~ f City Council Roanoke, Virginia Roanoke, Virginia August 26, 1991 Dear Members of Council: Subject: Highway Projects - Transfer of Funds to Meet Anticipated Expenditures I. Background: Virginia Department of Transportation (VDOT) continuously develops various phases of City Council approved highway projects. These phases include such items as preliminary engineering, right of way acquisition and project construction. Billings to the City from the VDOT are done on a monthly basis. These billings represent our share of the expenditures to date. The City share is generally 5% for plan development phases authorized prior to July 1, 1989, and 2~ for phases authorized after that date. Capital Fund Accounts are established for each project in the amount of the estimated billings that are anticipated for the year. This provides for easier payments of interim bills. However, there may be instances when additional requests to City Council for transfers are needed to cover interim bills. II. Current Situation: Capital Improvement Program approved for fiscal years 1990-1994 includes $837,634 to provide for the City's share of anticipated highway project costs over a three (3) year period. Of this amount, $194~409 is designated to come from the 1988 Bond Series. Transfer of $44~000 from the Streets and Bridges category of the 1988 Bond Series to individual project accounts is needed to cover anticipated billings. In particular, the Second Street/ Gainsboro Road project requires the funding appropriation to cover right-of-way acquisition costs. City share is $24,000 (which is 2~ of the $1~200r000 needed for additional right-of-way costs). The billing procedures between the City and VDOT require that $1~224r000 be appropriated to this project account and that the receivable account be increased by $1,200,000 (which will be reimbursed to the City by VDOT). Individual projects are funded from their respective highway accounts and utility accounts depending upon the extent of water and sewer relocation needed on each project. Page 2 Three ($) of the eisht (8) highway construction projects for which funds are currently allocated in the VDOT,s Six-Year Improvement Program require continued funding in order to meet the costs anti- cipated on these projects for fiscal year 1991-92. Transfers needed for these three projects are listed in Attachment No. 1. The other projects already have sufficient allocations from previous years to meet anticipated billings. III. Issues: A. Payments to Virginia Department of Transportation B. Relationship with Virginia Department of Transportation C. Continued progress on projects IV. Alternatives: Appropriate $1~224,000 to account number 008-052-9547-9001, of which $1r200~000 is to be reimbursed by the Virginia Department of Transportation; and transfer $44~000 from the Streets and Bridges category of the 1988 Bond Series to the individual project accounts as listed in Attachment No. 1 (in their respective amounts). 1. Payments to Virginia Department of Transportation from each project account are made possible at the funding levels needed. 2. Relationship with Vir$inia Department of Transportation is maintained at its current excellent level. 3- Continued progress on projects would be ensured. Do not appropriate $1r224~000 nor transfer $44,000.00 from the Streets and Bridges category of the 1988 Bond Series to the indivi- dual projects. 1. Payments to VirEinia Department of Transportation for each project cannot be made at the funding levels needed. 2. Relationship with Virginia Department of Transportation will be jeopardized and future construction efforts may be hurt. 3- Continued progress on projects may be jeopardized. Page Recommendation is that City Council appropriate $1,224t000 to account number 008-052-9547-9001, of which $1t200~000 is to be reimbursed by the Virginia Department of Transportation; and transfer $44~000 from the Streets and Bridges category of the 1988 Bond Series to the indivi- dual project accounts as listed in Attachment No. 1 (in their respec- tive amounts). WRH/RKB/fm Respectfully submitted, W. Robert Herbert City Manager Attachment City Attorney Director of Finance Director of Public Works Director of Utilities & Operations City Engineer Office of Management and Budget ATTACHMENT NO. 1 PROJECT TRANSFER NEEDED TO ACCO~4ODATE ANTICIPATED BILLINGS 1. Second Street/Gainsboro Road (008-052-9547-9001) 2. Fifth Street Bridge Replacement (008-052-9599-9003) 3. Brandon Avenue Widening (Acct. to be established by Director of Finance) $ 24,000 (City share) ~0,000 ~0~000 $ 44,000 PROJECTS SUFFICIENTLY FUNDED FOR FISCAL YEAR 1991-92 4. Peters Creek Road Extension 5. Franklin Road Widening 6. Tenth Street Widening 7. Wells Avenue Realignment/Widening 8. Fifth Street Bridge ·,"}EFARTMENT OF FINANCE RECE!VED crrY oF ROANOKE, VA. CITY CLEf~ '-_~,~ .... rL,L'~? August 26, 1991 '91 AUG 22 P1:29 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Monthly Financial Report Attached is a copy of the financial report for the month of July, 1991. Personal Services (payroll) expenditures are substantially increased for July, 1991, because of three paydays, compared to two paydays for July, 1990. Three paydays in one month did not occur in fiscal year 1991 until August. JMS/kp Attachment CITY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE AS OF JULY 31, 1991 General Contingency: Balance July 1, 1991 Ord. Ne. Deoartment CMT City Clerk CMT Engineering CMT City Attorney CMT City Manager Pureo~e Excess Maintenance Contract Funds Excess Maintenance Contract Funds Excess Maintenance Contract Funds Excess Maintenance Contract Funds 409,797 5,000 1,716 2,416 2,648 $ 421,577 Maintenance of Fixed Assets Contingency: Balance July 1, 1991 200,000 Equipment Replacement Contingency: Balance July 1, 1991 600,000 Supplemental Budgets: Balance July 1, 1991 7,100 Total Contingency Balance 1,228,677 1 CITY OF ROANOKE, VIRGINIA GENERALFUND STATEMENT OF REVENUE General Property Taxes Other Local Taxes Permits, Fees, and Licenses Fines and Forfeitures Revenue From Use of Money and Property Education Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Current Services Miscellaneous Revenue Internal Services Total Year to Data for the Period Currant Fiscal Year Ravi~ed Jul 1-Jul 31 Jul 1-Jul 31 Percentage Revenue 1990-91 1991-92 of Chance Estimates $ 240,200 $ 941,294 291.88% $ 49,932,300 433,589 387,290 10.68%) 38,694,556 51,897 46,747 9.92 %) 471,000 52,524 51,819 1.34%) 656,000 Percent of Revenue Estimate Received 1.89% 1 .O0% 9.93% 7.90% 75,607 10,716 85.83%) 909,O00 1.18% 1,626,194 1,376,561 15.35%) 32,395,386 4.25% 151,271 ( 205,151) (235.62%) 23,953,143 (0.86%) 0.00% 27,000 0.00% 142,115 46,008 ( 67.63%) 3,215,407 1.43% 5,303 ( 36,329) (785.O7%) 168,100 (21.61%) 132.400 122,O45 ( 7.82%) 11730,300 7.05% $ 2~911~100 $ 2~741~000 [ 5.84%) $ 152~152;192 1.80% 2 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF EXPENDITURES AND ENCUMBRANCES General Government Judicial Administration Public Safety Public Works Health and Welfare Parks, Recreation, and Cultural Community Development Education Debt Service Nondepartmental Total Year to Date for the Period Jul 1-Jul 31 Jul l-Jul 31 Percentage Unencumbered Revi~ed Budget 1990-91 1991-92 of Chance Balance Ai)DroDriatione Oblieated $ 833,864 $ 1,033,678 23.69% $ 7,628,625 $ 8,662,303 11.93% 301,214 368,441 22.32% 3,058,986 3,427,427 10.75% 2,021,998 4,496,959 122.40% 24,722,745 29,219,704 15.39% 2,855,036 3,724,967 30.47% 15,982,606 19,707,573 18.90% 590,838 1,269,441 114.85% 12,734,130 14,003,571 9.07% 408,644 606,237 48.11% 3,308,771 3,914,008 15.46% 227,064 84,204 (62.91%) 741,398 825,602 10.20% 3,257,753 4,012,232 23.16% 61,795,674 65,807,906 6.10% 4,197,008 1,158,610 (72.39%) 7,392,557 8,551,167 13.55% 187,926 205,057 9.12% 3,238,772 3,443~829 5.95% $ 14r8811335 $ 1619581826 13.96% ~ 140;604,264 $ 167f563,090 10.76% 3 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF JULY 31, 1991 Prior Year Current Year Total Expenditure~ Unexpended ADDrODriation, Appropriations ApDroDriatione to Date Balance General Government $ 5,459,444 $ 1,981,393 $ 7,440,837 $ 4,375,246 $ 3,065,591 Education 9,690,126 5,479,923 15,170,049 9,141,362 6,028,687 Recreation 660,000 132,000 792,000 721,191 70,809 Streets and Bridges 5,260,373 2,484,840 7,745,213 5,376,407 2.368,806 Sanitation Projects 5,182,229 1,093,449 6,275,678 5,951,831 323,847 Traffic Engineering & Communications 1.305,076 1,305,076 Other Infrastructure Projects 14,555,689 4,072,446 18,628,135 Capital Improvement Reserve 4.145.090 (11,751.082) ( 7.505.992) Total $ 46.258.027 $ 3;492;969 $ 49.7501996 Outstanding Unencumbered Encumbrancee Balance $ 1,055,384 $ 2,010.207 3,629,871 2,398,816 59,716 11,093 1,082,201 1,286,605 111,811 212,036 1,071,724 233,352 21,897 211,455 1,888,067 16,740,068 12,908,151 3,831,917 ( 7.605,992) ( 7,605.9921 $ 28-5251828 $ 21.225i168 ~ 18~869,031 $ 2.356,137 4 CITY OF ROANOKE WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 1 MONTH ENDED JULY 31, 1991 Operating Revenue: Commercial Sales Domestic Sales Industrial Sales Town of Vinton Roanoke County Customer Services Total Operating Revenue Less: Operating Expenses Before Depreciation Personal Services General Expenses Pumping Stations and Tanks Purification Total Operating Expenses Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Rents Miscellaneous Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expense Total Non-Operating Expenses Net Income $ 102,916 142,400 6,896 637 80,363 34,635 367,837 104,810 9O,878 24,538 11.661 231.887 135,950 59.533 76,417 9,356 375 122 9.853 86,270 $ 86.270 1990 $ 94,365 123,924 9,050 3,996 88,468 45,734 365,537 60,255 79,783 15,958 10.858 166,854 198,683 58,552 140.131 14,616 313 15.5Q6 155,637 333 333 $ 155.7 4 5 WATER FUND (CONTINUED) Capital Outlay Not Included in Operating Expenses: Proiect New Services, Hydrants, Lines Unidentified Plant Replacement Fire Hydrants Expand Carvins Cove Plant FC Plans and Specs FY86 Project Design Edgewood Replacement Falling Creek Plant Rehabilitation Phase I Thirlane Road Realignment Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Ex~)enditures $ 46,425 31,954 5O6 12,446 142,243 12,103 9,007 894,705 139.997 1,289,326 1,150.999 NOTE: Some of these projects are continued from prior years with inception to date totals. 6 CITY OF ROANOKE SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE I MONTH ENDED JULY 31, 1991 Operating Revenue: Sewage Charges - City Sewage Charges - County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services Interfund Services Total Operating Revenue Less: Operating Expenses Before Depreciation Personal Services Administrative and Operating Expenses Total Operating Expenses Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income (Loss) Add: Non-Operating Income Interest on Investments Miscellaneous Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expense Total Non-Operating Expenses Net Income (Loss) 1991 $ 359,614 45,081 17,022 56,514 4,029 12,861 1,578 496.699 154,517 277,483 432.000 64,699 80.605 ( 15.906) 9,175 9.612 18.787 2,881 4,173 4,173 1990 $ 320,412 63,605 23,394 88,629 5,788 9,474 329 511.631 93,851 256.634 350.485 161,146 79.104 82.042 11,769 5.660 17.429 99,471 5,567 5.567 $ 93,904 7 SEWAGE TREATMENT FUND (CONTINUED) Capital Outlay Not Included in Operating Expenses: Project Unidentified Construction FY86 Projects Design Sewage Treatment Plant Land Acquisition Roanoke Diesel Engine #7 Realignment of Thirlane Road Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Exeenditures $ 23,139 36,O97 25,721 821,145 34,692 940,794 868,120 72,674 NOTE: Some of these projects are continued from prior years with inception to date totals. 8 CITY OF ROANOKE ROANOKE REGIONAL AIRPORT COMMISSION COMPARATIVE INCOME STATEMENT FOR THE I MONTH ENDED JULY 31, 1991 Operating Revenue: Airport Revenue General Aviation Revenue Terminal Building Revenue Total Operating Revenue Less: Operating Expenses Before Depreciation Personal Services Operating Expenses Total Operating Expenses Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Interest Income Airport Debt Service Accounts Miscellaneous State Promotion Grant Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expense Total Non-Operating Expenses Net Income 1991 $ 76,689 8,347 257.727 342,7§3 132,684 118,837 89.407 29,430 22,526 5,102 74,120 1Q1,748 131,178 51,406 51,406 79.772 1990 $ 51,932 34,193 206,565 292,690 57,012 84.567 141.579 151,111 89.561 61,550 20,080 6,879 3,286 15,000 45,245 106,795 52.729 52.729 $ 54.066 9 ROANOKE REGIONAL AIRPORT COMMISSION (CONTINUED) Capital Outlay Not Included in Operating Expenses: Proiect Furniture and Equipment Unidentified Construction Runway Extension #23 Terminal Final Expenditure General Aviation Development FAR Part 150 Noise Study Airport Ramp Light/Pullbox Airport Perimeter Road Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date $ 2,698 2,877 283,886 8,667 41,847 119,445 9,450 501,320 318,321 , ~94.s~9 NOTE: Some of these projects are continued from prior years with inception to date totals. 10 CITY OF ROANOKE CIVIC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 1 MONTH ENDED JULY 31, 1991 Operating Revenue: Rentals Parking Fee Event Expenses Advertising Admissions Tax Commissions Total Operating Revenue Less: Operating Expenses Before Depreciation Administrative; Personal Services Utilities and Communications Administrative Expenses Promotional Expenses: Personal Services Services and Charges Total Operating Expenses Before Depreciation Operating (Loss) Before Depreciation Less: Depreciation Operating (Loss) Add: Non-Operating Income Interest on Investments Miscellaneous Total Non-Operating Income Net (Loss) 1991 37,549 10,316 20,235 50 8,602 8.996 85.748 65,600 2,812 67,697 9,545 1.450 147,104 (61,356) 29.9~1 ( 91.317) 265) 366 101 1990 $ 14,488 3,240 245 11.450 29.423 41,153 2,432 83,595 3,775 1,1Q4 132.059 102,636) 29,224 131.8601 4,045 221 4,266 127.~94) 11 CIVIC CENTER FUND (CONTINUED) Capital Outlay Not Included in Operating Expenses: Project Other Equipment Trade Center Asbestos Abatement Auditorium Fire Damage New Toilet Floors - Coliseum Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Exoenditure~ 10,000 50,000 213,585 581,972 22.422 877,979 867.979 $ 10.000 NOTE: Some of these projects are continued from prior years with inception to date totals. 12 CITY OF ROANOKE TRANSPORTATION FUND INCOME STATEMENT FOR THE 1 MONTH ENDED JULY 31, 1991 Operating Revenue: Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Surface Parking Lots Total Operating Revenue Less: Operating Expenses Before Depreciation Administrative Expenses Total Operating Expenses Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Miscellaneous Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expenses Operating Subsidy for GRTC Total Non-Operating Expenses Net Loss 19~1 (1) 20,623 20,109 38,607 3.8~6 83.235 28,330 28.370 54,905 31.462 23,443 214 214 23,657 200,000 200.000 ${ 176.343) (1) New fund as of July 1, 1991, therefore, comparative amounts are not shown. 13 CITY OF ROANOKE INTERNAL SERVICE FUND COMPARATIVE INCOME STATEMENT FOR THE 1 MONTH ENDED JULY 31, 1991 Operating Revenue: Charges for Services Total Operating Revenue Less: Operating Expenses Before Depreciation Personal Services Operating Expenses Total Operating Expenses Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating (Loss) Add: Non-Operating Income Interest on Investments Total Non-Operating Income Net {Loss) 1551 $ 626.125 469,471 125.431 594.902 31,223 51.035 ( 19.812) 13.782 13.782 ${ 6.030) 1990 $ 571.414 571,414 283,932 276.648 560,586 10,834 42,651 ( 31,817) 11,577 11,577 20,240) 14 INTERNAL SERVICE FUND (CONTINUED) Capital Outlay Not Included in Operating Expenses: Proiect Management Services - Furniture and Equipment Total Year to Date Exeenditures $ 1.21(} 15 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILrPf FOR THE MONTH ENDED JULY 31, 1991 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CiTY THE MONTH ENDED JULY 31. 1991. ~UND BALANCE AT RECEIPTS DISBUR~EMENT~ B,AJ_A,N~E AT BALANCE AT JUNES0. 1991 JULY ~1. t~1 JULY 31, 1990 GENERAL $10.512.177.68 $9.096,142.25 $9.328.118.28 $10,280,201,67 $5.317.692.26 WATER 1.996.260,83 30.617.17 147.866.45 $1,879,0t 1,55 2,217.271.26 SEWAGE 1.633.754.14 875.122.64 666.589~93 $t,842,286.8S 1,671,697.66 AIRPORT 4.085.653.24 633.200.01 194.827.83 $~, E~4;.025. 42 2.981.700.17 CIVIC CENTER (110.776.40) 87.227.53 160.147.57 ($183,696,44-) 556.941.14 INTERN^L ~ERVICE 2,356,1~8.32 534,060,56 122,496,14 $2~ 767 ,{~2,~ 74 1,834,825.18 TRAN SPO RTATIO N 0.00 83.814, 85 123.340.81 ($89,525.96) 0.00 CAPITAJ_ 12.6t5.250.43 388.619.69 416.655.66 $12,,587~214,46 19.438.480.57 DEBT SERVICE 6.470,078.04 1.436.711.89 1.407.039.45 $6,499,750,48 3.222 $36.39 PENSION 27.051.50 384.61 40.447.98 [r$t 3,01 1,87) (112.260.29) FDETC 59,298.48 169.048.19 250.585.98 _~,239,31~) (35.234.47) GRANT PROGRAMS ~27.771.44) 676.744.13 695.329.41 ($46,3~,7~2} (413.452.25) PAYROLL (1,908,422.67) 4.334.276.46 7,611,800.47 ~$5.185.~t6.883 (3.684,505.77) TOTAL $37.708.682.15 $18,345.969.9_8_$_21,165.2_4.5~_94 _$~1.,889,406.19 $32.995.791.85 CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CiTY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDING JULY 31 ~ 1991 THAT SAID FOREGOING: CASH: CASH IN HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: CERTIFICATES OF DEPOSIT CENTRAL FIDELITY $2,800,000.00 U.ITEO SECURITIES $13,500.000,00 16,300;000~00 DOMINION SOVRAN 3,000,000.00 14 500,000.00 !4;.,600;00~;00 TOTAL DATE: AUGUST 15. 1991 G~~RER 16 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 1 MONTH ENDED JULY 31, 1991 Revenue City's Contributions Investment Income Gain (Loss) on Sale of Investments Income from Bond Discount Amortization Total Revenue 1991 1990 $ 140,474 $ 45,117 ( 700,548) (1) ( 809,323) ( 54,728) 293,322 12,727 1~,725 ${ 602,075) $(454.159) (2) Exoense~ Pension Payments Fees for Professional Services Expense From Bond Premium Amortization Administrative Expense Total Expenses Net (Loss} Year to Date 542,329 139,793) 15,158 55 417,749 .019.824) $ (1) ( 542,027 38,84O) 14,407 1,9~1 519.585 $(973.744) (2) (1) Reversal of accruals as of June 30, 1991 (2) Reversal of accruals as of June 30, 1990 17 CITY OF ROANOKE PENSION PLAN BALANCE SHEET AS OF JULY 31, 1991 Assel;~ Cash Investments: (market vague - Other Assets Total Assets 1991 9127,932,807 1990 9113,179,793) 1~1 9( 13,112) 112,804,845 18.000 $ 112.809.7~3 1990 9( 112,386) 104,104,491 $ 103.992~10~ Liabilities and Fund Balan~ Due to Other Funds Total Liabilities Fund Balance, July 1 Net (Loss) Year to Date Fund Balance Total Liabilities and Fund Balance 542,398 9 542,129 542,398 542.129 113,287,159 9 104,423,720 1.019.824) ( 973.744} 112,267.~ 103,449,976 112.809.733 $ 103.992.10~ 18 '7 ,MARY F. PARKER City Clerk CITY OF ROANOKI . OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 August 28, 1991 File #1-34 SANDRAH. EAI~N Deputy CityClerk The Honorable Gordon E. Peters City Treasurer Roanoke, Virginia Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Gentlemen: I am attaching copy of Resolution No. 30683-82691 authorizing a contract between the City and Institutional Treasury Management, Incorporated ("ITM"), by which ITM will provide short term cash management services on behalf of the City. Resolution No. 30683-82691 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 26, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra Eric · pc: Institutional Treasury Management, 19900 MacArthur Boulevard, Suite 650, Irvine, California 92715 Mr. W. Robert Herbert, City Manager IN THE COUNCIL OF THE CITY OF ROANOKE, The 26th Day of August, 1991. VIRGINIA, No. 30683-82691. A RESOLUTION authorizing a contract between the City and Institutional Treasury Management, Incorporated ("ITM"), by which ITM agrees to provide short term cash management Services on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Director of Finance and the City Treasurer are hereby authorized, for and on behalf of the City, to enter into a written contract between the City and Institutional Treasury Management, Incorporated ("ITM"), by which ITM agrees to provide short term cash management services on behalf of the City. 2. Any and all investments made by ITM with City funds shall be pursuant to and consistent with the investment policy of City Council estabished by $2-179, Code of the Clty of Roanoke (1979), as amended. 3. Such contract shall be terminable Upon 30 day's written notice of the City to ITM. 4. Any fees to be paid to ITM in consideration of its services shall be as set forth in the contract between the City and ITM attached to and incorporated by reference in the report of the Director of Finance and City Treasurer, dated August 26, 1991. 5. The form of the contract between the City and ITM shall be approved by the City Attorney. ATTEST: City Clerk. RECeiVED DEPAI~TME:NIT OF FINANCI~ CITY n! ? ~ ~-. ~ : ~ CITY OF ROANOK£, VA. August 26, 1991 ~1 AUG22 N0:29 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger, Director of Finance Gordon E. Peters, Treasurer Cash Management Backqround The Code of the City of Roanoke (1979), as amended, S2-179, Investment of surplus funds, was amended by City Council on April 1, 1991, and City Council concurred in the recommendation of the Director of Finance and Treasurer to issue a "Request for Proposal" (RFP). The RFP for a short-term cash manager was mailed to a list of interested parties on Exhibit "A" and a legal notice was published in the Roanoke Times on April 15, 1991. We received eight RFP's from the following: Bankers Trust Company New York, NY Merrill Lynch Funds Distributors, Inc. Boston, Mass. Consistent Asset Management Co. Chadds Ford, PA Sanford C. Bernstein & Co., Inc. New York, NY Capitoline Investment Services, Inc. Richmond, VA Sovran Bank, N.A. Richmond, VA Institutional Treasury Management Trinity Capital Advisors Irvine, CA Charlotte, N.C. Honorable Mayor and Members of City Council August 26, 1991 Page 2 Current Situation All RFP's were reviewed and analyzed in detail in relation to the City's written goals and objectives of Three firms were interviewed. One firm's City's cash management objectives were short-term cash management. investment strategy and the very similar. The firm's investments are 1 - 5 year U. S. Treasury Securities or overnight investments collateralized with federal obligations. The City's idle cash will not be invested in securities having a maturity of more than five and one-half years which will insure capital preservation and safety due to major changes in interest rates. The firm will be compensated based upon a rate of return on cash managed (Performance Fee). The firm shall outperform the Merrill Lynch 1 - 3 Year U.S. Treasury Index (bench mark) plus the custodian fees. This firm will be compensated 1/3 of interest income over the bench mark with a maximum cap amount. Exhibit "B" is a sample of the firm's presentation and explanation of their investment strategy. Recommendation We recommend the City enter into a contract, approved as to form by the City Attorney, with Institutional Treasury Management Investment Advisors, Irvine, California. We request that Council authorize the Director of Finance and City Treasurer to execute the required contracts. Honorable Mayor and Members of City Council August 26, 1991 Page 3 We would be pleased to answer any questions or provide any additional information you require. Treasurer JMS/GEP:s Attachment cc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Exhibit A 10. Michael St. John Peirce Park Group 316 Mountain Avenue, S. W., Roanoke, Virginia 24016 suite B Mr. Andy Stone Shenandoah Capital Advisors 4504 Starkey Road Roanoke, Virginia 24014 Michael W. Anderson Regional Manager - Pension Investments New York Life Insurance Company 11400 Commerce Park Drive, Suite 250 Reston, Virginia 22091 Elizabeth T. Burrus Vice President - Investment Management Group Bankers Trust Company 280 Park Avenue New York, NY 10017 Robert P. Burton Senior Vice President Crestar Bank P. O. Box 2867 Roanoke, Virginia 24001-2867 Ms. Elizabeth C. Dudley Vice President Capitoline Investment Services, Box 436 - 919 East Main Street Richmond, Virginia 23203-0436 Inc. Ms. Susan K. Doyle Vice President Dominion Bank P. O. Box 13327 Roanoke, Virginia 24040-0001 Anthony J. Conte Corporate Banking Officer Central Fidelity Bank P. O. Box 27602 Richmond, Virginia 23261 Ms. Laura Thornhill Sovran Investment Corp. P. O. Box 14111 Roanoke, Virginia 24022 Gary Scott c/o Paine Webber 600 Crestar Plaza Roanoke, Virginia 24011 11. Ms. Angela Webb c/o J. C. Bradford & Co. P. O. Box 1831 Roanoke, Virginia 24008 12. Mr. Rollie Williams Dominion Trust Company P. O. Box 14061 Roanoke, Virginia 24038-4601 13. Christopher E. Cook Gabelli-O'Connor Fixed Income Management Co. 8 Sound Shore Drive Greenwich, CT 06830 14. Daniel K. Fryer Scott & Stringfellow Investment Corp. P. O. Box 1575 Richmond, Virginia 23213 15. Bradley T. $need J. C. Bradford & Co. First Campbell Square 210 First Street, S. W. Suite 100 Roanoke, Virginia 24011 16. Alex W. McAlister Trinity Capital Advisors 2710 One First Union Center 301 S. College Street Charlotte, N.C. 28202-6021 17. Greg Tinaglia Investment Management Corp. 1940 Electric Road P. O. Box 20339 Roanoke, Virginia 24018 18. Steve Whitney Merrill Lynch 213 S. Jefferson Suite 1000 Roanoke, Virginia 24011 19. Chuck Hunter c/o Robert Thomas Securities 4504 Starkey Road Roanoke, Virginia 24014 20. Ken Neathery 2004-B Morton Drive Charlottesville, Virginia 22901 21. Don Potter c/o Investment Strategies 4370 Starkey Road Suite 4C Roanoke, Virginia 24014 Exmzoit B GRAPHIC PRESENTATION REPORT FOR THE CITY OF ROANOKE, VIRGINIA INSTITUTIONAL TI~FASURY MANAGEMENT 19900 MacArthur Bird,, Suite Irvtne, California 9271S (714) 476.1262 MANAGEMENT OBJECTIVES I YIELD I Outperform the Merrill Lynch 1.3 Year U.S. Treasury Index ISAFETY ] Invest in Short-To-Intermediate.. Term (1.5 Yr) U.S. Treasury Securities CAPITAL PRESERVATION Maintain Low Duration Levels to Minimize Fluctuations in Capital INVESTMENT STRATEGY LOW YIELDS ITM maintains low duration (to zero) to minimize risk at low yields. YIELDS RISE As rates rise, ITM increases duration by increasing allocation from cash to treasuries and by laddering into maturities from 2 to 5 years. YIELDS HIGH At high yields, 1TM holds maximum portfolio duration with 80% invested in treasuries from 2 to 5 years with average duration of 3.0. YIELDS FALL As yields fall, 1TM shortens duration by selling longer maturities which results in capital gains and a decreased position in treasury securities. Graph 1: Illustrates the 1990 weekly price and yield history of the 5-year Treasury Note together with asset allocation of portfolios from cash to the U.S. Treasury raarket. As yields increase, additional securities of sequentially greater raaturities are purchased to increase the portfofio duration. Conversely, duration is decreased in stages as yields fall. Graph 2: Depicts the U.S. Treasury yield curve at the beginning and end of 1990. The yield curve was relatively fiat at the first of the year and steep at the end of the year. Graph 3: Illustrates monthly returns for 1990 on I.T.M.'s composite vs. the Merrill Lynch 1-3 U.S. Treasury Index. The average duration of the M/L 1-3 is 2 years (equivalent to a 2-year Treasury Note). This graph demonstrates the Iow volatility of I.T.M.'s returns vs. that of a 2-year average duration index. Graph 4: IHustrates I.T.M.'s cumulative monthly returns vs. the M/L 1-3 UST for 1990. I.T.M.'s returns exceeded the M/L 1-3 UST index yet with considerably lower volatility than the index. Graphs 5/6: Illustrates I.T.M.'s low volatility and cumulative returns vs. the M/L 1-3 UST on a quarterly basis over the four-year period 1987-1990. Graph 7: Graphs 8, 9, 10: mustrates in bar-graph form I.T.M.'s returns compared to M/L 1-3 UST's returns on a quarter to quarter basis for 1987-1990, together with I.T.M.'s cumulative net value added over the index. Illustrate the volatility and cumulative returns on a quarterly comparison basis between the S & P 500 Index and 1TM's composite. YIELD % PRICE HISTORY OF FIVE YEAR TREASURIES 7.5~ PRICE 102 101 100 9,01 4 ITM A88ET ALLOCATION 1990 Percent 100 0 I Ourati°n (Yrs) AIl°cati°n (%) I I GIULPH] I d d c~ d C) 0 A COMPARISON OF rrm TO ML ~-3 V~ ML ~-S V~ ML ~/C MASTER[ March 15, 1991 M-L M-L M-L G/C SL G/C PERIOD ITM 1-3 YR3-5 YR MASTER INTERMEDIATE: 4TH QTR '90 2.?.~ s.~o% .~.6o% s.~)~ .~.~o~ 1990 ~ o.~ ..7o~ ~.~ ~.~ ..~ 1989 ~.~ ~o.~ -.~ -.~ ~o~ 1988 ~.~ ~.~ ~.~ ~o.~ ~.~ 1987 ~.~ ~.~ ~.~ ~.~ 1986 ~.a~ s.~ ..~ ..s~ ~.~ 1985 ~.~ ..~ ~o.~ -.~ ~o.~ 19~ ~8.~ 9.~ 10.~ 11.~ 10.7~ August 8, 1991 MANAGEMENT AGREEMENT INVESTMENT ADVISORS City of Roanoke 215 Church Avenue, S.W. Roanoke, Virginia 24006 By acknowledgement of this Agreement, this day of , 1991, (the "Effective Date"), City of Roanoke, ("CLIENT") agrees to retain Institutional Treasury Management, Incorporated CITM") as an advisor, beginning on ,1991 and continuing until this Agreement is terminated by either party on thirty (30) days' written notice, or by Client for any reason whatsoever within five (5) days of Effective Date. ITM may place direct orders for the purchase and sale of such securities if Client authorizes ITM to do so. Client authorizes ITM to act on Clients behalf in establishing appropriate accounts with broker/dealers for deliver vs. payment transactions. Client authorizes 1TM to act on clients behalf in establishing PSA accounts for overnight repurchase agreement transactions. ITM shall only direct the purchases of securities with the maturities approved by Client. The investment advice and recommendations to be provided by ITM hereunder shall be designed for the sole purpose of enabling Client to ma~imiTe profits and minimize losses from thc purchasc and sale of securities in the Client Account. Client, however, acknowledges that ITM has made no representations that it can achieve a particular result, or provide any assurance against unrealized losses in the Client Account. However, ITM acknowledges and accepts Clients policy of not accepting any realized losses from ITM's advice unless otherwise specified by Client. ITM shall perform and carry out the services required of it by this Agreement in a good and professional manner. ITM shall not in any way be liable for any accuracy of the information on which its advice or actions were based, provided ITM acted in good faith. The foregoing sentence shall apply to all partners, officers, directors, employees, independent contractors, agents and affiliates of 1TM. Client understands and acknowledges that ITM may perform similar services for a limited number of qualified clients, provided, however, that no advice or information provided to such other clients shall be inconsistent with the advice provided to Client or contrary to the best interest of Client. Institutional Treasury Management, Investment Advisors 19900 MacArthur Boulevard, Suite 650, lrvine, California 92715-2445 · -cE1.(714) 476-1262 F^x (714) 476-0177 Cliem shall compensate ITM for its services as follows: A. BASE FEE A base fee, as a pementage of assets in the Client Account, pro rated monthly, as of 5:00 p.m. Eastern Standard Time on the last day of each month (the "Base Fee"), as determined below, shall be billed monthly and shall be due and payable within ten (10) days of the date of receipt by Client of the invoice and adjusted annually against the Performance Fee. .08333 % per month on assets under management B. PERFORMANCE FEE 1. Performance Fee Basis Calculation A performance fee shall be payable to ITM based on that portion of the total return from investments that exceeds the annual rote of return on the negotiated Benchmark, (EXHIBIT A), during the performance period. This performance fee shall be calculated yearly on the anniversary date of the Date of Deposit ("Anniversary Date") for the prior 12-month period, and shall be: The net cumulative results of (i) all completed purchases and sale U:ansactions, and (ii) all unrealized profits and losses and (iii) all interest earnings, actual and accrued: these combined (i), (ii), (iii); minus the product of the Average Account value ( as defined herein) multiplied by the negotiated Benchmark rate, (EXHIBIT A), both results calculated annually: Such net cumulative result shall be the "Performance Fee Basis". The Average Account Value shall be a daily average which shall include all of the deposits by Client to the Client Account (excluding any income, gains or losses, whether earned, accrued, realized or unrealized, on or with respect to such deposits) during such performance period. 2 2. Performance Fee Calculation The performance fee shall be determined as follows: (the "Performance Fee") 33 1/3% of the Performance Fee Basis, not to exceed 300 basis points. 3. Base Fee Adiustment If the Base Fee is less than the Performance Fee, Client shall pay ITM an additional sum equal to the difference between the Base Fee and the Performance Fee. Such additional amounts shall be due and payable within ten (10) days after the date of receipt by Client of the invoice. If the Performance Fee is less than the Base Fee, 1TM shall credit to Client an amount equal to the difference between the Base Fee and the Performance Fee. Such amount shall be credited against any future fees payable to 1TM by Client as of subsequent Anniversary Date performance accounting and fee adjustments. If Client terminates the Management Agreement prior to using such credit, any remaining amount of such credit shall be paid to Client by ITM within (10) days of the effective date of termination of the Management Agreement. A formula illustrating fee computation is set forth in Schedule 1, attached hereto. Client acknowledges separate receipt, prior to the execution of this Agreement of a copy of Schedule 1, as attached hereto. Client acknowledges separate receipt, prior to the execution of this Agreement of a copy of Schedule 1 and of a copy of Part H of form ADV regarding ITM attached hereto as Schedule 1-A and incorporated herein by reference as if fully set forth herein. Nothing contained in this Agreement, whether express or implied, is intended to confer any right or benefit upon any person or entity other than the parties hereto, and their respective successors and assigns. Subject to the restrictions against assignment herein, this Agreement shall intu~ to the benefit of, and shall be binding upon, the assigns, successors in interest, personal representatives, estates, heirs, and legatees of each of the parties hereto. The waiving of any of the provisions of this Agreement by any party shall be limited to the particular instance involved, and shall not bc deemed to waive any other term of the Agreement. This Ag~cment contains the entire agreement of thc parties bercto, and supersedes any prior written or oral agreements between them concerning the subject matter hcrein. Thcrc are no representations, agreements, arrangements, or understandings, oral or written between and among the parties hereto, relating to the subject matter contained in this Agreement which are not fully expressed hcrein. This Agreement is not assignable by Client and may not be a.signed by 1TM without written consent of Client. It may be amended at any time by mutual agreement in writing. It is understood that this Agreement will be governed by and construed in accordance with the laws of the State of Virginia. Client's City Council has established an investment policy for investment of surplus City funds through Section 2-179, Code of the City of Roanoke (197~9), as amended. ITM has reviewed Section 2-179 as amended by City Council on April 8, 1991. ~TM agrees that its investments and actions on behalf of the Client shall be in full compliance with Section 2-179. Client and ITM warrants and represents that it has the right, power, legal capacity and authority to enter and perform its obligations under this Agreement, and that each individual executing this Agreement on behalf of the Client and ITM has the fight, power, legal capacity and authority to enter into this Agreement of behalf of the Client and ITM and to execute all other documents and to take all other actions as may be necessary to perform here under. The Client and ITM also warrants and represents that it need not obtain any approval or consent from any person or entity to execute this Agn:ement or to perform hereunder, and that neither this Agreement nor the performance of any of its obligations hereunder violates any contact, document, agreement or instrument to which the Client and ITM is a party or by which the Client and ITM is bound. Institutional Treasury Management, Incorporated By: Title: Accepted: City of Roanoke (Client) By: Joel Schlanger Title: Finance Director By: Gordon Peters Title: Treasurer 4 SCHEDULE 1 T~E AVl/Bench AV UO CALCUI~TIONOF FEE AD/USTMENT FOR I~RFO.RMANc:. "' Benchmark Earnings ,. Total Account E~.rntngs " Average Rate Negodated Benchmark · Base Fcc · Perfonmmce F~ Basis · Account Value = Perf~ Fee = Performan~ Fee Multiplier · ' Interest Income · Realized gai~ fi'om clo~d PotMon~ = Realized losse, from do,ed Position~ ' Unrealized gains from open positions = Um'eafl2~ losses from open positions (RO - RI.) · Net reatlzed gain/loss (UO - UL) Net unrealt~ gain/lo. Ozo - P.L) + CO0. t~) + ¢) - TAn A~ B~ch x AV . B~ M~x~ = PF If PF is $'rcater than BF, $ difference ~emit~l to ITIVL If BF is S~ua~cr than 1~, $ dli~enc~ credited towiuxl subsequent Anniversary Date Fee Adjustment. INFORMATION~CONC~NI1VG PERFORMAN(~E ~ PURSUANT TQ I~_ULE 205.3 ~D) THE ~y~q~ ADVISERS ACT OF 1040 A 12 month period is used to rn~asurc investment perfc~',~nce in order to avoid giving s d~sproportionate effect to very short-term gains performance ]~'iod to moro fairly x~f~ect or losses and to establish a s.~fficient investment l~'formance over time, However, fees p~d using this 12 month l~rformanee fee basis may result in a higher or lower fee than ii: thc fcc were ba~eA on any different time period. August 26, 1991 RECEIYED CITY CLER!~S ~FF!CE '91 , UG 20 P4:21 TO: FROM: RE: Honorable Mayor and Members of Council Joel M. Schlanger, Director of Finance Bingo Update In June of 1990, my department was charged with the responsibility of administering and enforcing the new City Ordinances passed by City Council to regulate bingos and raffles. The first six months of this charge were primarily devoted to the development of a firm administrative base to ensure compliance and to train, inform, and assist organizations in complying with the new Code and accounting requirements. Permit~ Nine bingo permits have been issued in 1991 to the following organizations: Central Virginia Council of the Blind Delta Kappa Chapter of Epsilon Sigma Alpha Gainsboro Neighborhood Development Junior Achievement Knights of Columbus Northwest Recreation Club Roanoke Neighborhood Alliance Veterans of Foreign Wars Virginia Employment and Education Opportunities, Inc. August 26, 1991 Page 2 As of July 1991, seven organizations held valid permits. The Roanoke Neighborhood Alliance permit was revoked and Junior Achievement voluntarily discontinued their bingo operation. Gross Receints Four of the five permit-holders that were required to file a financial report for the first quarter of 1991 reported significantly higher gross receipts than in the previous year. Organization Northwest Recreation Club Junior Achievement Knights of Columbus Veterans of Foreign Wars First Quarter 1991 Gross Receipts $146,473.31 $153,689.70 $69,609.80 $137,078.18 Total 1990 Gross Receipts $198,579.85 $292,262.00 $140,795.33 $189,456.00 Despite the outcry that the City Ordinance and enforcement efforts would drive bingo from the City, apparently it has had the opposite effect to current permit holders. Enforcement Efforts Enforcement efforts have consisted of joint cooperative efforts from the City Police Department, City Attorney, Commonwealth's Attorney, and my office. Games were monitored by undercover and plain clothed detectives who observed the operation and participated in the games themselves. Misdemeanor charges were placed against one organization for violations of Code that were observed by City police. Audits were conducted on the game accounting records of seven organizations. Meetings were held in conjunction with the Commonwealth's Attorney for each permit holding organization to August 26, 1991 Page 3 review violations noted in the recordkeeping and conduct of play. Training sessions were conducted for several organizations to assist them with accounting requirements. Newsletters and guidelines were sent to the organizations outlining common errors uncovered from the audits. Hearim,s Six hearings have been held to determine whether to suspend or revoke permits based upon the audit and police work accomplished. One permit was revoked, one was suspended for two weeks, and another was suspended for a month. The other three organizations took immediate action to correct lesser violations. Audit Fees As of June 30, 1991, the City collected $37,670.83 in audit fees from permit holding organizations. This is based upon 11/2% of the first $150,000 of gross receipts and 2% of gross receipts in excess of $150,000. Issues and Concerns Based upon police work and financial audits several areas of concern have been brought to light. 1. Instant Bingo is the single greatest area for abuse in the operation of Bingo in the City. It has an addictive effect on many players and encourages heavy gambling losses to players. The August 26, 1991 Page 4 greatest number of accounting non-compliance areas were noted in the accounting for Instant Bingo. 2. Additional police assistance will continue to be instrumental in the enforcement of bingo Ordinances in the City. 3. The audit requirements will continue to be regular and demanding on my staff for FY 91-92. Assistance from outside audit firms will be sought to ensure continued review of all accounting requirements. 4. Billings and Collections staff will continue to set a priority on providing training and assistance to all permit holding organizations on any aspect of the Code or accounting requirements. Current staffing reductions have compounded the difficulty of providing immediate service to these organizations. This report is for information only. My Department will continue to carry out to its fullest the enforcement of the Ordinances that you have passed. I want to thank Deborah Moses, Chief of Billings and Collections, and Dana Long, Tax Compliance Administrator, members of the Police Department, the Commonwealth's Attorney's Office, and the City Attorney's Office for all their support for without this team effort the chore would be nearly impossible. MARY F. PARKER City Clerk CITY OF ROANOK OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 August 28, 1991 File #207-9-514 SANDRA H. F-AKIN Deputy City Clerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30684-82691 accepting the bid of H & S Construction Company, of Roanoke, Virginia, for certain improvements to Towne Square Bonievard and Airport Road, in the total amount of $95,468.91. Ordinance No. 30684-82691 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 26, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra Ene. pc: M~. Joel M. Schlanger, Director of Finance M-. William F. Clark, Director of Public Works M~.. Charles M. Huffine, City Engineer M~. Sarah E. Fitton, Construction Cost Technician Mr. George C. Snead, Jr., Director of Administration and Public Safety M.a-RY F. PP, RKER City Clerk CITY OF ROANOKF OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 August 28, 1991 File #207-9-514 SANDRA H. EAKIN Deputy City Clerk Mr. Carter M. Coffey President Action Contracting Company, Inc. 7537 Milk-A-Way Drive, N. E. Roanoke, Virginia 24019 Dear Mr. Coffey: I am enclosing copy of Ordinance No. 30684-82691 accepting the bid of H & S Construction Company, of Roanoke, Virginia, for certain improvements to Towne Square Boulevard and Airport Road, in the total amount of $95,468.91. Ordinance No. 30684-82691 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 26, 1991. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed project. 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 August 28, 1991 File #207-9-514 SANDRA H. EAKIN Deputy City Clerk Mr. M. Wayne Hylton, Jr. Vice President S. R. Draper Paving Company 4742 Old Rocky Mount Road, S. W. Roanoke, Virginia 24014 Dear Mr. Hylton: I am enclosing copy of Ordinance No. 30684-82691 accepting the bid of H & S Construction Company, of Roanoke, Virginia, for certain improvements to Towne Square Boulevard and Airport Road, in the total amount of $95,468.91. Ordinance No. 30684-82691 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 26, 1991. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed project. MFP: ra Sincerely, Mary F. Parker, CMC/AAE City Clerk Eno. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V'w~ia 24011 Telephone: (703)981-2541 August 28, 1991 File #207-9-514 K~fDRA H. ~ Deputy City Clerk Mr. M. D. Sensabaugh, Jr. Vice President Adams Construction Company P. O. Box 12627 Roanoke, Virginia 24027 Dear Mr. Sensabaugh: I am enclosing copy of Ordinance No. 30684-82691 accepting the bid of H & S Construction Company, of Roanoke, Virginia, for certain improvements to Towne Square Boulevard and Airport Road, in the total amount of $95,468.91. Ordinance No. 30684-82691 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 26, 1991. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed project. MFP: ra Sincerely, p~ Mary F. Parker, CMC/AAE City Clerk Ene. 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 August 28, 1991 File #207-9-514 SANDRA H. ~N Deputy City Clerk Mr. William D. Gee Vice President H & S Construction Company P. O. Box 6226 Roanoke, Virginia 24017 Dear Mr. Gee: I am enclosing copy of Ordinance No. 30684-82691 accepting the bid of H & S Construction Company, of Roanoke, Virginia, for certain improvements to Towne Square Boulevard and Airport Road, in the total amount of $95,468;91. Ordinance No. 30684-82691 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 26, 1991. Sincerely, . Mary F. Parker, CMC/AAE City Clerk MFP: ra Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, The 26th Day of August, 1991. No. 30684-82691. VIRGINIA, AN ORDINANCE accepting the bid of H. & S. Construction Company, of Roanoke, Virginia, for certain improvements to Towne Square Boulevard and Airport Road, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of follows: 1. The bid of H. & S. Construction Company, of Virginia, in the total amount of $95,468.91, for Roanoke as Roanoke, certain as more improvements to Towne Square Boulevard and Airport Road, particularly set forth in the August 26, 1991 report of the City Manager to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. municipal government, an emergency is deemed to ordinance shall be in full force and effect upon ATTEST: In order to provide for the usual daily operation of the exist, and this its passage. City Clerk. Roanoke, Virginia August 26, 1991 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Towne Square/Airport Road Improvements for City of Roanoke Roanoke, Virginia I. Background: Improvements to Airport Road, N.W. and Towne Square Boulevard, N.W., were originally required as a part of the Towne Square Joint Venture Subdivision. The subdivision, Towne Square Joint Venture, failed to install the subject improvements as provided for by agreement and as guaranteed by a Letter of Credit in the amount of One Hundred and Fifty Thousand Dollars ($150~000.00). Be City Administration advised City Council on August 3, 1990, that appropriate action was being taken by the City to attach and draw upon the Letter of Credit. Ce City Council, on April 22, 1991, authorized the appropriations of One Hundred and Fifty Thousand Dollars ($150~000.00) to an account in the Capital Projects Fund, by the Director of Finance, for improvements to Towne Square Shopping Center. Staff report advised Council that a report would be forwarded to Council when final bids were obtained for the work. City Council, at its July 22, 1991 meeting, publicly opened and read aloud the bids received for Improvements to Towne Square and Airport Road, Roanoke, Virginia. Four (4) bids were received with H. & S. Construction Company, of Roanoke, Virginia, submitting the low bid in the amount of $95~468.91 and sixty (60) consecutive calendar days. Fe Work consists of lowering Airport Road at the intersection of Towne Square Boulevard to increase site distance and reconstruction of Towne Square Boulevard to meet the new Airport Road grade. Page 2 II. III. Issues in order of importance are: A. Compliance of the bidders with the requirements of the Contract Documents. B. Amount of the low bid. C. Fundin~ for the project. D. Time of completion. Alternatives are: A. Award a lump sum contract to H. & S. Construction Company, of Roanoke, Virginia, in the amount of $95,468.91 and establish a contingency amount of $14,531.09 with sixty (60) consecu- tive calendar days. Contract is for Improvements to Towne Square Boulevard and Airport Road, Roanoke, Virginia, in accordance with the Contract Documents as prepared by Mattern & Craig, Inc. 1. Compliance of the bidders with the requirements of the Contract Documents was met. 2. Amount of the low bid is acceptable. 3. Fundin~ for this project is available in the Towne Square Shopping Center Account Number 008-052-9666-9065. Account has a balance of One Hundred Thirty-Three Thousand, One Hundred Dollars ($133,100.00) 4. Time of completion is sixty (60) consecutive calendar days. Reject all bids and do not award a contract at this time. 1. Compliance of the bidders with the requirements of the Contract Documents would not be an issue. 2. Amount of the low bid would probably increase if re-bid at a later date. 3. Fundin~ would not be encumbered at this time. 4. Time of completion would be jeopardized. Page IV. Recommendation is that City Council take the following action: A. Concur with the implementation of Alternative A. Authorize the City Manager to enter into a contractual agreement, in form approved by the City Attorney, with H. & So Construction Company, of Roanoke, Virginia, for Improvements to Towne Square Boulevard and Airport Road according to the Contract Documents as prepared by Mattern & Craig, Inc. in the amount of $95~468.91 and establish a con- tingency amount of $14,531.09 with sixty (60) consecutive calendar days. C. Reject the other bids received. Respectfully submitted, William White, Sr. William F. Clark WW/DLL/fm Attachment: Tabulation of Bids ce: City Attorney Director of Finance City Engineer Construction Cost Technician TABULATION OF BIDS TOWNE SQUARE/AIRPORT ROAD IMPROVEMENTS FOR THE CITY OF ROANOKE ROANOKE, VIRGINIA Bids opened before City Council on July 22, 1991, at 2:00 p.m. BIDDER BASE BID BID BOND H. & S. Construction Company 95,468.91 YES Action Construction Company 107,333.00 YES Adams Construction Company 102,410.20 YES S. R. Draper Paving Company~ Inc. 96,909.06 YES Estimated Cost: $135,000.00 Project to be completed within sixty (60) consecutive calendar days. Will±am Wh~te~ Sr., Ohairman William F. Clark Snead, Jr. Office of City Engineer Roanoke, Virginia RECEIVED CITY CLEE!{~ rFF~C£ '91 A~22 P3:54 Roanoke, Virginia August 26, 1991 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Towne Square/Airport Road Improvements for City of Roanoke Roanoke, Virginia I concur with the recommendations of the attached Bid Committee Report. Respectfully submitted, W. Robert Herbert City Manager WRH/DLL/mm Attachment ce: City Attorney Director of Finance Director of Public Works Director of Administration and Public Safety City Engineer Construction Cost Technician Office of the City Clerk July 24, 1991 File #207-9-514 Mr. William White, Sr., Chairman) Mr. William F. Clark ) Mr. George C. Snead, Jr. ) Committee Gentlemen: The following bids for Towne Square/Airport Road improvements were opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, July 22, 1991: BIDDER BASE BID TOTAL H & S Construction Company S. R. Draper Paving Company Adams Construction Company Action Contracting Company, Inc. $ 95,468.91 96,909.06 102,410.00 107,333.00 On motion, duly seconded and adopted, the bids were referred to you for tabulation, report and recommendation to Council Sincerely,. Mary F. Parker, CMC/AAE City Clerk MFP:ra pc: Mr. Wilburn C. Dibling, Jr., City Attorney Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 MARY F. PARKER City Clerk CITY OF ROANOKI . OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 August 28, 1991 File #67-33 SANDRA H. F-AlaN Deputy City Clerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30686-82691 accepting the bid of Williams Painting and Remodeling, Inc., for performing alterations and additions to Grandin Court Recreation Center, upon certain terms and conditions, in the total amount of $49,000.00. Ordinance No. 30686-82691 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 26, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra Enc. pc' Mr. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Gary N. Fenton, Manager, Parks and Recreation/Grounds Maintenance Mr. William F. Clark, Director of Public Works Mr. Cb_aries M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. Barry L. Key, Manager, Office of Management and Budget Ms. Dolores C. Daniels, Citizens' Request for Service 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 August 28, 1991 File #67-33 SANDRA H. EAKIN Deputy City Clerk Mr. George H. Williams, Jr. Vice President Williams Painting and Remodeling, Inc. 2314 Ridgefield Street, N. E. Roanoke, VirKinia 24012 Dear Mr. Williams: I am enclosing copy of Ordinance No. 30686-82691 accepting the bid of Williams Painting and Remodeling, Inc., for performing alterations and additions to Grandin Court Recreation Center, upon certain terms and conditions, in the total amount of $49,000.00. Ordinance No. 30686-82691 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 26, 1991. MFP: ra Mary F. Parker, CMC/AAE City Clerk Eno. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke, V'u'ginia 24011 Telephone: (703)981-2541 August 28, 1991 File #67-33 SANDRA H. EAKIN Deputy City Clerk Mr. Douglas Baker President D. Baker & Company, Inc. 3424 Brambleton Avenue, S. W. Roanoke, Virginia 24018 Dear Mr. Baker: I am enclosing copy of Ordinance No. 30686-82691 accepting the bid of Williams Painting and Remodeling, Inc., for performing alterations and additions to Grandin Court Recreation Center, upon certain terms and conditions, in the total amount of $49,000.00. Ordinance No. 30686-82691 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 26, 1991. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed project. 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. virgmia 24011 Telephone: (703)981-2541 August 28, 1991 File #67-33 SANDRA II. F. AKIN Deputy City Clerk Mr. Lawrence D. Johnson, Jr. President Construction Services of Roanoke, Inc. 3812 Bunker Hill Drive, S. W. Roanoke, Virginia 24018 Dear Mr. Johnson: I am enclosing copy of Ordinance No. 30686-82691 accepting the bid of Williams Painting and Remodeling, Inc., for performing alterations and additions to Grandin Court Recreation Center, upon certain terms and conditions, in the total amount of $49,000.00. Ordinance No. 30686-82691 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 26, 1991. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed project. MFP: ra Sincerely, Mary F. Parker, CMC/AAE City Clerk Eno. 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 August 28, 1991 File #67-33 SANDRA H. EAKIN Deputy City Clerk Mr. Martin S. Pruitt Vice President Building Specialists, Inc. P. O. Box 1174 Roanoke, Virginia 24006 Dear Mr. Pruitt: I am enclosing copy of Ordinance No. 30686-82691 accepting the bid of Williams Painting and Remodeling, Inc., for performing alterations and additions to Grandin Court Recreation Center, upon certain terms and conditions, in the total amount of $49,000.00. Ordinance No. 30686-82691 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 26, 1991. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra Eno. MARY F. PARKER City Clerk CITY OF ROANOKE. OFFICE OF THE CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke, ~rtrginia 24011 Telephone: (703)981-2541 August 28, 1991 File #67-33 SANDRA H. ~ Deput~ City Clerk Mr. Richard B. Littleton, Jr. Vice President S. H. Sewell & Company, Inc. P. O. Box 660 Salem, Virginia 24153 Dear Mr. Littleton: I am enclosing copy of Ordinance No. 30686-82691 accepting the bid of Williams Painting and Remodeling, Inc., for performing alterations and additions to Grandin Court Recreation Center, upon certain terms and conditions, in the total amount of $49,000.00. Ordinance No. 30686-82691 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 26, 1991. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed project. MFP: ra Sincerely, Mary F. Parker, CMC/AAE City Clerk Enc. City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 August 28, 1991 File #67-33 S,~4DI~ H. E.~N Deputy City Clerk Mr. J. Michael Gardner Secretary Gardner-Smith, Inc. P. O. Box 866 Salem, Virginia 24153 Dear Mr. Gardner: I am enclosing copy of Ordinance No. 30686-82691 accepting the bid of Williams Painting and Remodeling, Inc., for performing alterations and additions to Grandin Court Recreation Center, upon certain terms and conditions, in the total amount of $49,000.00. Ordinance No. 30686-82691 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 26, 1991. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the abovedescribed project. MFP: ra Sincerely, Mary F. Parker, CMC/AAE City Clerk Ene. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 26th Day of August, 1991. No. 30686-82691. AN ORDINANCE accepting the bid of Williams Painting and Remodeling, Inc. for performing alterations and additions to Grandin Court Recreation Center, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Williams Painting and Remodeling, Inc. made to the City in the total amount of $49,000.00 for performing alterations and additions to Grandin Court Recreation Center, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. M.~Y F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, ~rlrginia 24011 Telephone: (703)981.2541 August 28, 1991 File #60-67-33 SANDRA H. EAKIN Deputy City Clerk Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30685-82691 amending and reordaining certain sections of the 1991-92 Capital Fund Appropriations, providing for transfer of $54,000.00, in connection with award of a contract to Williams Painting and Remodeling, Inc., for alterations and additions to the Grandin Court Recreation Center. Ordinance No. 30685-82691 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 26, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra Enc. pc: Mr. W. Robert Herbert, City Manager M~. George C. Snead, Jr., Director of Administration and Public Safety M~. Gary N. Fenton, Manager, Parks and Recreation/Grounds Maintenance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. Barry L. Key, Manager, Office of Management and Budget Ms. Dolores C. Daniels, Citizens' Request for Service 1991-92 emergency. WHEREAS, Government exist. IN THE COUNCIL OF THE CITY OF ROi~IOEE~ VIRGINIA The 26th Day of August, 1991. No. 30685-82691. AN ORDINANCE to amend and reordain certain sections of the Capital Fund Appropriations, and providing for an for the usual daily operation of the Municipal of the City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A ro riations Parks and Recreation $ 846,000 Grandin Court Recreation Center (1) ................ 54,000 Capital Improvement Reserve (7,660,992) Public Improvement Bonds Series 1988 (2) ........... 779,037 1) Approp. from Bonds (008-050-9677-9001) $ 54,000 2) Parks (008-052-9603-9180) (54,000) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Roanoke, Virginia August 26, 1991 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Alterations and Additions Grandin Court Recreation Center 2621Barham Road, S.W. Roanoke, Virginia I. Background: Ae Bids, following proper advertisement, were publicly opened and read aloud before City Council on July 22, 1991, for the Alterations and Additions to Grandin Court Recreation Center. This is the second alteration and addition project at this facility in the last three (3) years. Be Six (6) bids were received with Williams Painting and Remodeling, Inc., of Roanoke, Virginia, submitting the low bid in the amount of $49~000.00 and ninety (90) consecutive calendar days. Ce First Grandin Court Recreation Center Improvements was an addition to the multi-purpose room with a storage room being created on the lower level, aluminum siding was applied to the exterior and insulation was installed. De Present construction adds a game room, the toilets are re-worked and expanded to aceomodate the handicapped, a new kitchen is constructed and a handicapped ramp added. II. Issues in order of importance are: A. Compliance of the bidders with the requirements of the contract documents. B. Amount of the low bid. C. Funding for the project. D. Time of completion. Page 2 III. Alternatives are: Award a lump sum contract to Williams Painting and Remodeling, Inc., of Roanoke, Virginia in the amount of $49~000.00 and 9..~0 consecutive calendar days for the Alterations and Additions to Grandin Court Recreation Center in accordance with the contract documents as prepared by the City Engineer's Office. 1. Compliance of the bidders with the requirements of the contract documents was met. Amount of the low bid is acceptable. The project con- sists of the following: A new game room, kitchen, handi-cap accessible bathrooms and a new handicap ramp. Funding for the project is in Capital Projects Fund - Public Improvement Bonds - Series 1988 Parks Account Number 008-052-9603-9180. 4. Time of completion is quoted as 90 consecutive calendar days which is acceptable. B. Reject all bids and do not award a contract at this time. 1. Compliance of the bidders with the requirements of the contract documents would not be an issue. 2. Amount of the low bid would probably increase if rebid at a later date. 3. Funding would not be encumbered at this time. 4. Time of completion would be extended. IV. Recommendation is that City Council take the following action: Ac Concu~ with the implementation of Alternative "A". Bo Authorize the City Manager to enter into a contractual agreement, in form approved by the City Attorney, with Williams Painting and Remodeling, Inc. for construction of the Alterations and Additions to the Grandin Court Recreation Center in accordance with the contract documents as prepared by the City Engineer's Office in the amount of $49~000.00 and 90 consecutive calendar days. Page 3 Ce Authorize the Director of Finance to transfer the following funding from Account No. 008-052-9603-9180 for this project: Contract Amount: Project Contingency: $49,000.00 5,000.00 TOTAL $54,000.00 to an account to be entitled Grandin Court Recreation Center Alterations. D. Reject the other bids received. Respectfully submitted, W' l'a White, Sr., Chair.=n William F. Clark WW/LBC/mm Attachment: Tabulation of Bids cc: City Attorney Director of Finance City Engineer Manager, Parks and Recreation Citizens' Request for Service Construction Cost Technician TABULATION OF BIDS ALTERATIONS & ADDITIONS GRANDIN COURT RECREATION CENTER 2621 BARHAM ROAD, S.W. ROANOKE, VIRGINIA JOB NO. P-9003 Bids opened before City Council on Monday, July 22, 1991, 2:00 p.m. Williams Painting and $49,000.00 90 YES Remodeling, Inc. Construction Services $58,480.00 140 YES of Roanoke, Inc. D. Baker & Company, $59,895.00 90 ** Renovations Building Specialists, Inc. $59,900.00 100 YES Gardner-Smith, Inc. $63,670.00 75 YES S. H. Sewell & Co., Inc. $71,000.00 120 YES * Consecutive Calendar Days ** Certified Check in lieu of Bond Engineer's Estimate: $60,000.00 William White, Sr/, Chairman William F. Clark Office of City Engineer Roanoke, Virginia August 12, 1991 '91 AUG 22 P 3:54 Roanoke, Virginia August 26, 1991 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Alterations and Additions Grandin Court Recreation Center 2621Barham Road, S.W. Roanoke, Virginia I concur with the recommendations of the attached Bid Committee Report. WRH/LBC/mm Respectfully submitted, W. Robert Herbert City Manager Attachment: Bid Committee Report oo: City Attorney Director of Finance Director of Public Works Director of Administration & Public Safety City Engineer Citizens' Request for Service Construction Cost Technician Office of the City Clerk July 24, 1991 File #67-33 Mr. William White, Sr., Chairman) Mr. William F. Clark ) Mr. George C. Snead, Jr. ) Committee Gentlemen: The following bids for construction of alterations and additions to the Grandin Court Recreation Center were opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, July 22, 1991: BIDDER BASE BID TOTAL Williams Painting & Remodeling, Inc. Construction Services of Roanoke, Inc. D. Baker & Company, Inc. Building Specialists, Inc. Gardner-Smith, Inc. S. H. Sewell & Company, Inc. $49,000.00 58,480.00 59,895.00 59,900.00 63,670.00 71,000.00 On motion, duly seconded and adopted, the bids were referred to you for tabulation, report and recommendation to Council F,~R~.~.~.Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra pc: Mr. Wilburn C. Dlbling, Jr., City Attorney Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 MARY F. PARKER Cit~ Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vh'ginia 24011 Telephone: (703)981-2541 August 28, 1991 File #51 SANDP~~. H. EAKIN Deputy CiO] Clerk Mr. Daniel L. Crandall Attorney 811 - 13th Street, S. W. Roanoke, Virginia 24016 Dear Mr. Crandail: I am enclosing copy of Ordinance No. 30644-82691 rezoning two parcels of land lying on the southwest corner of the intersection of 13th Street and Cleveland Avenue, S. W., containing . 77 acre, more or less, identified as Official Tax Nos. 1220901 and 1220902, from RM-2, Residential Multi-Family, Medium Density District, to C-l, Office District, subject to certain conditions proffered by the petitioners. Ordinance No. 30644-82691 was adopted by the Council of the City of Roanoke on first reading on Monday, August 12, 1991, also adopted by the Council on second reading on Monday, August 26, 1991, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Eno. pc; Mr. Fred T. Yates, 737 13th Street, S. W., Roanoke, Virginia 24016 Mr. Samuel E. Brooks, 2832 Cumberland Street, N. W., Roanoke, Virginia 24012 Ms. Leigh Bartin, P. O. Box 260, Daleville, Virginia 24083 Mr. William J. Hackert, 611 Elm Avenue, S. W., Roanoke, Virginia 24016 Mr. Michael E. Levan and Mr. David S. Moeller, P. O. Box 1402, Roanoke, Virginia 24007 Mr. J. Robert Wingo and Ms. Jean Copley, P. O. Box 13505, Roanoke, Virginia 24034 Ms. Irene S. Long, P. O. Box 381, Troutville, Virginia 24175 Mr. Daniel L. Crandall August 28, 1991 Page 2 pc: Joe Bandy & Son, P. O. Box 4061, Roanoke, Virginia 24015 Mr. Wayne G. Strickland, Executive Director, Fifth Planning Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. DibHng, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Ms. Nadine C. Minnix, Acting Director of Reai 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. Milier, Building Commissioner/Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation District IN THE COUNCIL OF THE CITY OF ROANOKE, The 26th Day of August, 1991. No. 30644-82691. VIRGINIA, AN ORDINANCE to (1979), as amended, City of Roanoke, to ject amend §36.1-3, Code of the City of Roanoke and Sheet No. 122, Sectional 1976 Zone Map, rezone certain property within the City, sub- 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 RM-2, Residential Multifamily, Medium Density District, to C-i, Office 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 said petition at its meeting on August 12, 1991, after due and timely notice thereof as required Roanoke (1979), as amended, interest and citizens were by §36.1-693, Code of the City of at which hearing all parties in given an opportunity to be heard, for and against the proposed rezoning; and WHEREAS, this Council, after considering tion, the recommendation made to the Council both the aforesaid peti- by the Planning Commission, sented at the public hereinafter described vided. the City's Comprehensive Plan, and the matters pre- hearing, is of the opinion that the property should be rezoned as herein pro- WHEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that ~36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 122 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as two tracts of land lying on the south- west corner of the intersection of 13th Street and Cleveland Avenue, S.W., designated on Sheet No. 122 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 1220901 and 1220902, be, and are hereby rezoned from RM-2, Residential Multifamily, Medium Density District, to C-l, Office District, subject to those conditions proffered by and set forth in the First Amended Petition to Rezone filed in Clerk on June 11, 1991, and that Sheet No. 1976 Zone Map be changed in this respect. the Office of the City 122 of the Sectional ATTEST: City Clerk. Office of the City Clerk July 19, 1991 File #51 Mr. Daniel L. Crandall Attorney 811 13th Street, S. W. Roanoke, Virginia 24016 Dear Mr. Crandall: 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 clients, Mr. & Mrs. Louis P. Ripley and Mr. & Mrs. Daniel L. Crandall, that two parcels of land lylng on the southwest corner of the intersection of 13th Street and Cleveland Avenue, S. W., containing .77 acre, more or less, identified as Official Tax Nos. 1220901 and 1220902, be rezoned from RM-2, Residential Multi-Family, Medium Density District, to C-l, Office District, subject to certain conditions proffered by the petitioners. 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, August 12, 1991, at 7:30 p.m., in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W. For your information, I am 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. Marlles, Chief of Community Planning, at 981-2344. Sincerely, Mary F. Parker, C~C/AAE City Clerk MFP:ra PUBLIC55 Room 456 Municipal Building 215 Church Avenue. S.W. Roanoke, Virginia 24011 (703) 981.2541 Mr. Daniel L. July 22, 1991 Page 2 Crandall pc: Mr. Fred T. Yates, 737 13th Street, $. W., Roanoke, Virginia 24016 Mr. Samuel E. Brooks, 2832 Cumberland Street, N.W. Roanoke, Virginia 24012 ' Ms. Leigh Bartin, P. O. Box 260, Daleville, Virginia 24083 Mr. William J. Hackert, 611 Elm Avenue, S. W. Roanoke, Virginia 24016 ' Mr. Michael E. Levan and Mr. David S. Moeller, P. O. Box 1402, Roanoke, Virginia 24007 Mr. J. Robert Wingo and Ms. Jean Copley, p. O. Box 13505, Roanoke, Virginia 24034 Ms. Irene S. Long, P. O. Box 381, Troutville, Virginia 24175 Joe Bandy & Son, P. O. Box 4061, Roanoke, Virginia 24015 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 Ms. Nadine C. Mlnnix, Acting 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/Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation hq NUMBER - 72420080 PUBLISHER'S FEE - $112.7D RECEIVED CITY CLSP!{S OFFICE DANIEL L CRANDALL ATTY 302 FRANKLIN RD S N AUG 12 P2:04 ROANOKE VA 24010 STATE OF VIRGINIA CITY OF ROANOK~ AFFIDAVIT OF PUi~L ICATION i, (THE UNDERSIGNED} AN AUTHORIZE0 REPRESENTATIVE OF THE TIMES-wCRLD COR- PORATION, ~HICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES & NCRLO-NE~S, A DAILY NENSPAPER PUBLISHED IN ROANOKE, IN THE STATE OF VIRGINIA, DC CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS DN THE FOLLOWING DATES 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, August 12, 1991, at 7:30 p.m., Municipal Building, 215 Church rezoning from RM-2, Residential in the Council Chamber in the Avenue, S. W., on the question of Multifamily, Medium Density District to C-l, Office District, the following property: Two parcels of land lying on the southwest corner of the intersection of 13th Street and Cleveland Avenue, S.W., and bearing Official Tax Nos. 1220901 and 1220902, such rezoning to be subject to certain proffered conditions. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. Ail parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 24th day of July , 1991. Mary F. Parker, City Clerk Please publish in full twice in the Roanoke Times & World News, Morning Edition, once on Friday, July 26, 1991, and once on Friday, August 2, 1991. Please send publisher's affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Please send bill to: Mr. Daniel L. Crandall, Attorney 811 - 13th Street, S. W. Roanoke, Virginia 24016 Office of the City Clerk July 16, 1991 File #51 Mr. Charles A. Price, Jr., Chairman City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended petition from Mr. Daniel L. Crandall, Attorney, representing Mr. & Mrs. Louis P. Ripley and Mr. & Mrs. Daniel L. Crandall, requesting that two parcels of land lying on the southwest corner of the intersection of 13th Street and Cleveland Avenue, S. ~., containing .77 acre, more or less, identified as Official Tax Nos. 1220901 and 1220902, be rezoned from RM-2, Residential Multi-Family, Medium Density District, to C-1, Office Oistrict, subject to certain conditions proffered by the petitioners. Sincerely, Ma~y F. Parker, C~4C/AAE City Clerk MFP:ra REZONE55 pc: Mr. Daniel L. Crandall, Attorney, 811 13th Street, Roanoke, Virginia 24016 Mr. John R. Morlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning 4dministrator ~r. Steven J. Talevi, Assistant City Attorney Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 LAW OFFICES OF DANIEL L. CRANDALL, P,C. ROANOKE, VIRGINIA 24016 I~tTY CLEPYS ,~F~ E FZRST AMENDED PETZT %N,B. 12 I1:02 IN THE COUNTY OF THE CITY OF ROANOKE, VIROINIA Rezoning of two parcels of land lying on the southwest corner of the intersection of 13th Street and Cleveland Avenue, S.W., bearing Official Tax Numbers 1220901 and 1220902 from RM-2, Residential Multifamily, Medium Density District to C-i, Office District, such rezoning to be subject to certain proffered conditions. TO THE HONORABLE MAYOR AND NE~BERS OF THE COUI/CIL OF ?m~ CItY OF ROANOKE: The Petitioners, Joseph S. and Louis P. Ripley, and Daniel L. and Teresa L. Crandall, own land in the City of Roanoke containing .77 acres, more or less, bearing Official Tax Numbers 1220901 and 1220902, located at the southwest corner of the intersection of 13th Street and Cleveland Avenue, S.W. Said parcels are currently zoned RM-2. Residential Multifamily, Medium Density 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 Petitioners request that the herein described property be rezoned from RM-2, Residential Multifamily, Medium Density District, to C-I, Office District, subject to certain conditions as set forth below, for the purpose of continuing the use as professional offices. The Petitioners believe the rezoning of the said parcels of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that the rezoning will take a legal nonconforming use and place it within a conforming zoning district classification and it will provide a transitional land use area between the commercial and residential uses in the area. The Petitioners hereby proffer and agree that if the said parcels of land are rezoned as requested, that the rezoning will be subject to, and the Petitioners will abide by, the following conditions: That the property will continue to operate and be developed in substantial conformity with the site plan prepared by Howard Harrison, dated March, 1990, a copy of which is attached to the petition for rezoning as Exhibit B, subject to any changes required by the City during compre- LAW OI~FIC ES OF DANIEL L. CRANDALL, P.C. ROANOKE, VIRGINIA 24016 hensive site plan review. That the existing and proposed use of the property shall be professional offices. That if the requested rezoning is approved, an application will be made to the Roanoke Board of Zoning Appeals for a variance for relief of the minimum 10 foot wide land- scaping buffer area requirement for a portion of the western property line that is parallel to the existing structure; said application shall seek no more than a six (6) feet variance (resulting in a buffer area of 4 feet in width) along that portion of property which parallels the existing structure and shall be conditioned upon the existing structure remaining. That the landscaping buffer area along the western property boundary which is not parallel to the existing structure shall be the minimum ten (10) foot width as required by the City Code. That the existing fence along the western property line shall be properly maintained and kept in a state of good repair. That upon demolition of the existing structure and proposal of new construction, the land- scaping buffer along the entire western property line shall be the minimum 10 feet width as required by the City Code. That any exterior lighting for the required off-street parking areas or the grounds of the property shall not be installed as to illuminate any adjoining residential areas. Attached as Exhibit C are the names, addresses and official tax numbers of the owner or owners of all lots or property immediately adjacent to, immediately across a street or road from the property to be rezoned. WBEREFORE, the Petitioners request that the above described parcels of land be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this __ day of · 1991. Respectfully submitted, Daniel L. Crandall LAW OFFICES OF DANIEL L. 811-13th Street, S.W. Roanoke, Virginia 24016 (703} 342-2000 CP~%NDALL, P.C. ~0-e~h S. Ri~ley/ / ' ~Pet~ tioner Louis. P. Ripley/~- ~/ Crandall eresa L. Crandall ~/ Petitioner LAW OFFICES OF DANIEL L. CRANDALL, PC. ROANOKE, VIRGINIA 24016 MARY F. PARKER C~ty Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W, Room 456 Roanoke, Virginia 2401 ~ Telephone: (703) 981-2541 June 12, 1991 SANDRA H. EAKIN Deputy C~:y Clerk File #51 ~r. Charles A. Price, Jr., Chairman City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Mr. Daniel L. Crandall, Attorney, representing Mr. & Mrs. Louis P. Ripley and Mr. & Mrs. Daniel L. Crandall, requesting that two parcels of land lying on the southwest corner of the intersection of 13th Street and Cleveland Avenue, S. W., con- taining .77 acre, more or less, identified as Official Tax Nos. 1220901 and 1220902, be rezoned from RM-2, Residential ~ulti-Family, Medium Density District, to C-1, Office District, subject to certain conditions proffered by the petitioners. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra REZONE55 pc: Mr. Daniel L. Crandall, Attorney, 811 13th Street, S. W., Roanoke, Virginia 24016 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney LAW OFFICES OF DANIEL L, CRANDALL, P.C. ROANOKE, VIRGINIA ~1016 RECEIVED CITY CtER~S OFFICE IN COUNTY l 'r '2ot2Ro o:< . VIRGINIA IN ~% Rezoning of two parcels of land lying on the southwest corner of the intersection of 13th Street and Cleveland Avenue, S.W., bearing Official Tax Numbers 1220901 and 1220902 from RM-2, Residential Multifamily, Medium Density District to C-I, Office District, such rezoning to be subject to certain proffered conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE= The Petitioners, Joseph S. and Louis P. Ripley, and Daniel L. and Teresa L. Crandall, own land in the City of Roanoke containing .77 acres, more or less, bearing Official Tax Numbers 1220901 and 1220902, located at the southwest corner of the intersection of 13th Street and Cleveland Avenue, S.W. Said parcels are currently zoned RM-2. Residential Multifamily, Medium Density 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 Petitioners request that the herein described property be rezoned from RM-2, Residential Multifamily, Medium Density District, to C-i, Office District, subject to certain conditions as set forth below, for the purpose of continuing the use as professional offices. The Petitioners believe the rezoning of the said parcels of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that the rezoning will take a legal nonconforming use and place it within a conforming zoning district classification and it will provide a transitional land use area between the commercial and residential uses in the area. The Petitioners hereby proffer and agree that if the said parcels of land are rezoned as requested, that the rezoning will be subject to, and the Petitioners will abide by, the following conditions: That the property will continue to operate and be developed in substantial conformity with the site plan prepared by Howard Harrison, dated March, 1990, a copy of which is attached to the petition for rezoning as Exhibit B, subject to any changes required by the City during compre- hensive site plan review. That the existing and proposed use of the property shall be professional offices. That if the requested rezoning is approved, that and application will be made to the Roanoke Board of Zoning Appeals for a variance for relief of the minimum 10 foot wide land- scaping buffer area requirement along the western property line which adjoins a resi- dentially zoned district. That any exterior lighting for the required off-street parking areas or the grounds of the property shall not be installed as to illuminate any adjoining residential areas. That the existing vegetation and fencing along the western property line, adjoining the residentially zoned district, shall be maintained in accordance with SEction 36.1- 585 (e) of the City Code. Attached as Exhibit C are the names, addresses and official tax numbers of the owner or owners of all lots or property immediately adjacent to, immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioners request that the above described parcels of land be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this __ day of June, 1991. Resp~e~ful ly sub~t t ed, /~- - ~Q~' Counsel Daniel L. Crandall LAW OFFICES OF DANIEL L. 811-13th Street, S.W. Roanoke, Virginia 24016 (703) 342-2000 CRANDALL, P.C. Teresa L. Crandall Petitioner Exhibit "A" /,/ !.]4 CLIENT AND 0 NAME Fred T. Yates Samuel E. Brooks Leigh Bartin William J. Heckert Michael E. Levan & David S. Moeller J. Robert Wingo & Jean Copley Irene S. Long Joe Bandy & Son EXHIBIT ADDRESS 737 - 13th Street, Roanoke, Virginia 24016 2832 Cumberland Street Roanoke, Virginia 24012 P.O. Box 260 Daleville, Virginia 24083 611 Elm Avenue, S.W. Roanoke, Virginia 24016 P.O. Box 1402 Roanoke, Virginia 24007 P.O. Box 13505 Roanoke, Virginia 24034 725 - 13th Street, Roanoke, Virginia 24016 P.O. Box 4061 Roanoke, Virginia 24015 ID NUMBER 1220421 1220803 1221001 1221002 1221003 1221004 1220903 1220904 1220422 1220907 RECEIYEO CiTY CLER~$OFFtCE TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRG~IA~ 26 A8:23 PERTAINING TO THE REZONING REQUEST OF: Request from Joseph S. and Louise P. Ripley and Daniel) and Teresa Crandall for the rezoning of two parcels of) land lying on the southwest corner of the intersection) of 13th Street and Cleveland Avenue, S.W., bearing the)AFFIDAVIT Official Tax Nos. 1220901 and 1220902 from AM-2, ) Residential Multifamily, Medium Density District, to ) C-l, Office 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 24th of June, 1991, notices of a public hearing to be held on the 3rd day of July, 1991, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 1220421 OWNERt AGENT OR OCCUPANT Fred T. Yates ADDRESS 737 13th Street, SW Roanoke, VA 24016 1220803 Samuel E. Brooks 2832 Cumberland Street Roanoke, VA 24012 1221001 Leigh Bartin P.O. Box 260 1221002 Daleville, VA 24083 William J. Hackert 1221003 611 Elm Avenue, SW Roanoke, VA 24016 1221004 Michael E. Levan P.O. Box 1402 David S. Moeller Roanoke, VA 24007 1220903 1220904 J. Robert Wingo Jean Copley P. O. Box 13505 Roanoke, VA 24034 1220422 Irene S. Long P.O. Box 381 Troutville, VA 24175 1220907 Joe Bandy & Son P.O. Box 4061 Roanoke, VA 24015 ~ Ma~tha' Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 24th day of June, 1991. My Commission Expires: Notary Public MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, ~rtrginia 24011 Telephone: (703)981-2541 August 28, 1991 File #51 SANDRA H. EAKIN Deputy City Clerk Mr. John H. Lipscomb, Partner L & M Properties 3621 Manassas Drive, S. W. Suite D Roanoke, Virginia 24018 Dear Mr. Lipscomb: I am enclosing copy of Ordinance No. 30645-82691 rezoning a tract of land located at 1011 Kimball Avenue, N. E., containing .82 acre, more or less, identified as Official Tax No. 3030201, from HM, Heavy Manufacturing District, to LM, Light Manufacturing District. Ordinance No. 30645-82691 was adopted by the Council of the City of Roanoke on first reading on Monday, August 12, 1991, also adopted by the Council on second reading on Monday, August 26, 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: Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and Housing Authority, P. O. Box 6359, Roanoke, Virginia 24017 NSW Corporation, 530 Gregory Avenue, N. E., Roanoke, Virginia 24016 Waidrond-Jamison Oil Company, P. O. Box 13928, Daleville, Virginia 24038 Richard Roberts Hotel Income Associates, 35 Tower Lane, Box 716, Avon, Connecticut 06001 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mr. John H. Lipscomb August 28, 1991 Page 2 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Ms. Nadine C. Minnix, Acting Director of Real Estate Valuation Mr. Charles A. Price, Jr., Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. WliHam 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/Zoning Administrator Mr. John R. Marlles, Agent/Secreta~r, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th Day of August, 1991. No. 30645-82691. AN ORDINANCE to amend ~36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 303, Sectional 1976 Zone ~iap, City of Roanoke, to rezone certain property within the City. WHEREAS, a petition has been presented to the Council of the City of Roanoke to have a portion of the hereinafter described property rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said petition at its meeting on August 12, 1991, after due and timely notice thereof as required Roanoke (1979), as amended, interest and citizens were by §36.1-693, Code of the City of at which hearing all parties in 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 proDerty should be rezoned as herein provided. WHEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that ~36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 303 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 1011 Kimball Avenue, N.E., designated on Sheet No. 303 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 3030201, be, and is hereby rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, and that Sheet No. 303 of the Sectional 1976 Zone Map be changed in this respect. ATTEST: City Clerk. RECEIVED CITY CLER~:S ~FFiCE '~1 JI.IL23 ~0:33 Office of Community Planning August 12, 1991 The Honorable Noel C. Taylor, Mayor and Members City Council Roanoke, Virginia Dear Members of Council: Subject: Request from L & M Properties, a Virginia Partnership, that property located at 1011 Kimball Avenue, N.E., described as official tax number 3030201, be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District. I. Background: Purpose of the rezoning request is for the leasing of the subject property to a wholesale construction supply sales company. Petition to rezone was filed on June 11, 1991. No proffered conditions were made by the petitioner. Planning Commission public hearing was held on July 3, 1991. Mr. John Lipscomb appeared before the Commission and stated that he was a partner in L & M Properties. He said that his property had been formerly occupied by Waldrond Oil, but was now vacant. He said that he had invested considerable money in order to get water, sewer and underground utilities to the building. He noted that he could not find a tenant who wanted to use the site under its current HM zoning, therefore, he was requesting a rezoning to LM. He noted that he had a prospective tenant. Mr. Marlles stated that staff recommended approval. He said the proposed LM zoning district would permit reuse of an existing vacant structure and would leave the property in an industrial classification. He said that staff felt the use would be very compatible with the surrounding development. There was no further discussion on the matter Defore the Commission took action on the rezoning request. Room 355 Municipal Building 215 Church Avenue, S,W Roanoke, Virginia 24011 (703) 981-2344 Members of Council Page 2 II. Issues: ao Zoning of the subject property is HM, Heavy Manufacturing District. The surrounding zoning in the area is as follows: to the north, east and south is HM, Heavy Manufacturing District; to the west is LM, Light Manufacturing District. Land use of the site is vacant metal buildings. Surrounding land uses in the area are as follows: to the north is a vacant, undeveloped tract of land; to the east are various railroad-related activity buildings; to the south is a plastics manufacturing and distribution industry, and a propane refilling station and distribution center; and to the west is a vacant lot, Days Inn motel, NSW plastics manufacturing and Grainger industrial and commercial equipment and supplies companies. Utilities are available and adequate. Storm drainage concerns and any other engineering problems will be addressed and resolved during site plan review. Access to the site is from the adjoining public street, Kimball Avenue. The City Traffic Engineer has stated that given the proposed use of the property, projected trip generations are not expected to have a significant impact on Kimball Avenue. Furthermore, that careful consideration should be given to the site entrance way during site plan review because of the nearby existing solid median on part of Kimball Avenue. Industrial land in the City has been identified as a valuable economic asset which should be promoted for development or redevelopment. Comprehensive Plan recommends encouraging industrial development on appropriate sites and protecting the City's industrial land base. III. Alternatives: City Council approve the rezoning request. 1. Zoning of the subject property would be LM, Light Manufacturing District. Land use would become a wholesale supply sales company and the adaptive reuse of existing structures on the property would occur. Members of Council Page 3 Utilities are available to the site and are of adequate capacity to serve the proposed redevelopment of the property. All engineering and drainage concerns would be addressed and resolved during the site plan review process. e Access to and from the site can be safely provided by Kimball Avenue. Additional traffic generated by the proposed use can be safely accommodated by current right-of-way of Kimball Avenue and the existing signalization at the Orange Avenue intersection. Industrial land in the City is placed back into a revenue generating status. e Comprehensive Plan would be followed due to the fact that the requesting rezoning would keep the subject property in an industrial zoning and use classification. B. City Council deny the rezoning request. Zoning would remain HM, Heavy Manufacturing District. Land use would remain a vacant, developed industrial property and the uses would be restricted to heavy manufacturing activities. 3. Utilities would be unaffected. 4. Access would not be an issue. Industrial land would remain in a non-revenue generating status and would not be an economic asset to the City. Comprehensive Plan would not be an issue since the subject property would remain industrially zoned. IV. Recommendation: By a vote of 6-0 (Mr. Price absent) the Planning Commission recommended approval of the rezoning request. The requested rezoning would be a logical extension of the light manufacturing district to the west and would provide for the adaptive reuse of the property. In addition, the proposed wholesale construction supply sales activity is a compatible use to the adjoining plastics manufacturing and distribution industries to the south and west of the property. Members of Council Page 4 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 Petitioner MARY F. PARKER C~ty Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W, Room 456 TeJephone: (703)981-2541 June 12, 1991 SANORA H, EAKIN Deputy City Clerk File #51 Mr. Charles A. Price, Jr., Chairman City Planning Commission Roanoke, Virginia Dear Mr. Price: ~ Pursuant to Section 36.1-690(e) of ~h~ Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from L ~ M Properties, a Virginia Partnership, requesting that a tract of land located at 1011 Kimball Avenue, N. E., containing .82 acre, more or less, identified as Official Tax No. 3030201, be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District. ~ ~ 4'Sincerely' Mary F. Parker, C~IC/AAE City Clerk MFP: ra REZONE$6 pC: Mr. John H. Lipscomb, Partner, L & M Properties, 3621 Manassas Drive, S. W., Suite D, Roanoke, Virginia 24018 ~'~.' John R. Muffles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney RE~EtYEO ~ITY CLE.~M,-~. CFFtCE PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying 1011 Kimball Avenue, NE (Tax Map No. 3030201 from HM Heavy Manufacturing to LM Liaht Manufacturina, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner,L & M Properties (A VA Partnership) owns the land in the City of Roanoke containing 0.82 acres, more or less, located 1011 Kimball Avenue. NE (3030201). Said tract is currently zoned HM. A map of the property to be rezoned is attached as Exhibit A. Pursuant to Section 36.01-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from ~ District to LM District, subject to certain conditions set forth below, for the purpose of leasin~ the Property to a wholesale construction SuPPly sales company (Adams Prod~ct~ Company. A North Carolina Corporation. 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 viable, new business to a buildina that has been vacant for sometime. Also ali rental inouiries durin~ our ownership has been for a light manufacturin~ use instead of a heavv manufacturina use. Also the area has developed in conjunction with LM & C-2 uses. which best fit the location and surroundin~ improvements. Existing improvements located in the subject property are best suited fgr uses allowed in LM zonina districts, Improvements already exist and will be altered in no way except for cosmetic improvements. Attached as Exhibit ~ are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectively submitted this 10th day of June, 1991. Respectfully submitted, Jc~n I~. ~91ps L~& M Proper :les Partner (Typed name and address of all owners of property to be rezoned and signature of said owners) Owmers: L & M Properties A Virginia Partnership John H. Lipscomb Partner 3621 Manassas Drive Suite ~ Roanoke, Virginia 24018 David D. McCray Partner 2707 Brambleton Avenue Roanoke, Virginia 24015 EXHIBIT 'A' Site Map EXHIBIT "B" 3030101 3030212/13 3025012 3025008 and 3025011 ADJOINING PROPERTY LIST QWNER NAME & MAILING ADDRESS City of Roanoke Redevelopment & Housing Authority Orange Avenue, NE Roanoke, Virginia 24016 Walrond Oil Company, Inc. P.O. Box 13928 Roanoke, Virginia 24038 Roberts Richard Hotel Income Associates Limited Partnership 35 Tower Lane Box 716 Avon, CT 06001 NSW Corporation 530 Gregory Avenue, NE Roanoke, Virginia 24016 oO CATION MARY F. PARKER Oty Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK July 19, 1991 File #51 SANDRA H. EAKIN Deputy C~:y Clerk Mr. John H. Lipscomb, Partner L & M Properties 3621 Manassas Drive, S. W. Suite D Roanoke, Virginia 24018 Dear Mr. Lipscomb: 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 L & M Properties, a Virginia Partnership, that a tract of land located at 1011 Kimball Avenue, N. E., containing .82 acre, more or less, identified as Official Tax No. 3030201, be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, lbS1, a public hearing on the abovedescribed request has been set for Monday, August 12, 1991, at 7:30 p.m., in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W. For your information, I am 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. Marlles,-Chief of Community Planning, at 981-2344. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra PUBLIC56 Enc. Mr. John H. Lipscomb July 22, 1991 Page 2 pc: Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and Housing Authority, P. O. Box 6359, Roanoke, Virginia 24017 NSW Corporation, 530 Gregory Avenue, N. E., Roanoke, Virginia 24016 Waldrond-Jamison Oil Company, P. O. Box 13928, Daleville, Virginia 24038 Richard Roberts Hotel Income Associates, 35 Tower Lane, Box 716, Avon, Connecticut 06001 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 Ms. Nadine C. Minnix, Acting 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/Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation NUMBER - 72~0117,5 PUBLISHER'S FEE - $9o,o0 CITY OF ROANOKE C/O MARY F PARKER CiTY CLERKS OFFICE ROOM 450 MUNICIPAL uLDG ROANOKE VA 24011 RECEIVED CITY CI..FRKS OFFICE 12 P2:04 STATE OF VIRGINIA CITY CF ROANOKE AFFIDAVIT OF PUBLICATION I9 (THE UNDERSIGNED) AN AUTHORIZED REPRESENTATIVE OF THE TIMES-wORLO COR- PORATION, WHICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES C WGRLO-NEWS, A DAILY NEWSPAPER PUBLISHEO IN RDANOKE9 IN THE STATE OF VIRGINIA, DO CERTIFY THAT THE ANNEXED NOTICE WAS PUuLiSHED IN SAiD NEWSPAPERS ON THc F£LLOWING OATES 07/20/91 MORNING & EVENING 08/02/91 MORNING & EVENING WITNESS~ T~tIS..-~ 5TH OAY OF AUGUST 1991 AUTHORIZED SIGNATURE NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, August 12, 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 HM Heavy Manufacturing District to LM, Light Manufacturing District, the following property: A tract of land lying at 1011 Kimball Avenue, N.E., bearing Official Tax No. 3030201. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 24th day of July , 1991. Mary F. Parker, City Clerk Please publish in full twice in the Roanoke Times & World News, Morning Edition, once on Friday, July 26, 1991, and once on Friday, August 2, 1991. Please send publisher's affidavit and bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W ,Room 456 Telephone: (703) 981-254t June 12, 1991 SANDRA H. EAKIN Deputy City Clerk File #51 Mr. Charles A. Price, Jr., Chairman City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from L ~ M Properties, a Virginia Partnership, requesting that a tract of land located at 1011 Kimball Avenue, N. E., containing .82 acre, more or less, identified as Official Tax No. 3030201, be rezoned from HM, Heavy Manufacturing District, to LM, 5ight Manufacturing District. MFP:ra REZONE$6 pC: Sincerely, Mary F. Parker, CMC/AAE City Clerk Mr. John H. Lipscomb, Partner, L & ~ Properties, 3621 ~anassas Drive, S. W., Suite D, Roanoke, Virginia 24018 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney CITY CLER~-~ -3 TO T~E CITY CLERK OF T~E CI~'~Z OF ROANOKE, VIRGINTA '91 26 A8:23 PERTAINING TO THE REZONING REQUEST OF: Request from L & M Properties, a Virginia Partnership, ) represented by John A. Lipscomb, for the rezoning of ) land at 1011 Kimball Avenue, N.E., Tax No. 3030201, )AFFIDAVIT from HM, Heavy Manufacturing District to LM, Light ) Manufacturing District. ) 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 24th of June, 1991, notices of a public hearing to be held on the 3rd day of July, 1991, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL OWNER~ AGENT OR OCCUPANT ADDRE S S 3030101 3025008 3030213 3025012X City of Roanoke Redevelopment P.O. Box 6359 Roanoke, VA 24017 NSW Corporation Wladrond-Jamison Oil Co. P.O. Box 13928 Daleville, VA 24038 Richard Roberts Hotel Income 35 Tower Lane Associates Box 716 Avon, CT 06001 [ Martha ~a6~ Franklin 530 Gregory Avenue, NE Roanoke, VA 24016 SUBSCRIBED AND SWORlq to before me, a Notary Roanoke, Virginia, this 24th day of June, 1991. My Commission Expires: Public, in the City of Notary Public MARY F. PARKER City Clerk CITY OF ROANOKF. OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke. Virginia 24011 Telephone: (703)981-2541 August 28, 1991 File #514 SANDRA H. EAKIN Deputy City Clerk Mr. Robert E. Glenn Attorney P. O. Box 2887 Roanoke, Virginia 24001 Dear Mr. Glenn: I am enclosing copy of Ordinance No. 30646-82691 permanently vacating, discontinuing and closing a portion of 20th Street and Westport Avenue, S. W. Ordinance No. 30646-82691 was adopted by the Council of the City of Roanoke on first reading on Monday, August 12, 1991, also adopted by the Council on second reading on Monday, August 26, 1991, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: va Enc. pc: H & S Construction Company, P. O. Box 6226, Roanoke, Virginia 24017 Automotive Paint and Supply, 1930 Salem Avenue, S. W., Roanoke, Virginia 24016 Norfolk Southern Corporation, Eight North Jefferson Street, Roanoke, Virginia 24016 Norfolk Southern Corporation, 185 Spring Street, Box 172, Atlanta, Georgia 30303 Roanoke Valley Cablevision, c/o Cox Cable Communication, P. O. Box 105350, Atlanta, Georgia 30348 Cox Cable Roanoke, Inc., 1909 Salem Avenue, S. W., Roanoke, Virginia 24016 Mr. Robert E. Glenn August 28, 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 Ms. Nadine C. Minnix, Acting 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 Enginner Mr. Ronald H. Miller, Building Commissioner/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 MARY F. PARKER Ciw Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vir~fnia 24011 Telephone: (703)981-2541 August 28, 1991 File #514 SANDRA H. EAI~N Deputy City Clerk The Honorable Dale A. Hendrick Clerk of the Circuit Court Roanoke, Virginia Dear Mr. Hendrick: I am attaching copy of Ordinance No. 30646-82691, for proper recordation in your office, which provides for the permanent vacating, discontinuing and closing of a portion of 20th Street and Westport Avenue, S. W. Ordinance No. 30646-82691 was adopted by the Council of the City of Roanoke on first reading on Monday, August 12, 1991, also adopted by the Council on second reading on Monday, August 26, 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: Mr. Robert E. Glenn, Attorney, P. O. Box 2887, Roanoke, Virginia 24011 IN THE COUNCIL OF THE CITY OF ROANOKE, The 26th Day of August, 1991. No. 30646-82691. VIRGINIA, AN ORDINANCE permanently, vacating, discontinuing and closing certain public rights-of-way in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, Cox Cable Roanoke, Inc., a Virginia corporation, has filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to per- manently vacate, discontinue and close the public rights-of-way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council. WHEREAS, a public hearing was held on said application by the City Council on August 12, 1991, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said appli- cation; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public rights-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public rights-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, that the public rights-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: A portion of 20th Street, S.W., running north from an imaginary line connecting the northern boundary of an alleyway designated "W.E. 40 R.V.," with the northern boundary of an alleyway designated "W.E. 32 R.V.," all as shown on Sheet Number 131 of the Appraisal Map of the City of Roanoke to an imaginary line which is an exten- sion (bearing approximately N. 40° 25' 45" W.) of the northeast boundary of the triangular parcel of land designated on the said Appraisal Map as parcel number 1310901, said line running from the northeast corner of parcel number 1310901 to a point of intersection with lands of Norfolk and Western Railway, all as shown on the said Appraisal Map. A portion of Westport Avenue, S.W., running east from the eastern right-of-way of 20th Street, S.W. to an ima- ginary line which is an extension (bearing approximately S. 40° 25' 45" E.) of the northeast boundary of the triangular parcel of land designated on Sheet Number 131 of the Appraisal Map of the City of Roanoke as parcel number 1310901, said line running from the southeast corner of parcel number 1310901 to an angle along the northern boundary of parcel number 1311405, all as shown on the said Appraisal Map. be, and hereby are, 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 rights-of-way, reserving however, to the City of Roanoke and any public utility, including, specifically, without limi- tation, providers to or for the public of cable television, - 2 - 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 rights-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above- described public rights-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the closure of the above-described right-of-way is conditioned upon applicant's providing to the City an approved subdivision plat, combining all properties that would be landlocked by the closure of the above-described portions of 20th Street and Westport Avenue, providing for all necessary easements for utilities, both public and private, and properly dividing the vacated rights-of-way, and in the event these con- ditions have not been met and the said plat has not been recorded in the Office of the Clerk of Circuit Court within one (1) year from the effective date of this ordinance, this ordinance 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 rights-of- - 3 - way on all maps and plats on file in his office on which said rights-of-way is shown, referring to the book and page or ordi- nances 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 Cox Cable Roanoke, Inc., and the names of any other par- ties in interest who may so request, as Grantees. ATTEST: City Clerk. - 4 - RECEIVED CITY CL '9t JUL23 N0:33 Office of Community Planning August 12, 1991 The Honorable Noel C. Taylor, and Members o~ City Council Roanoke, Virginia Mayor Dear Members of Council: Subject: Request from Joseph S. and Louis P. Ripley and Daniel L. and Teresa L. Crandall for the rezoning of two parcels of land lying on the southwest corner of the intersection of 13th Street and Cleveland Avenue, S.W., bearing Official Tax No. 1220901 and 1220902, from RM-2, Residential Multifamily, Medium Density District, to C-l, Office District, such rezoning to be subject to certain proffered conditions. I. Background: ae Purpose of the requested rezoning is to bring the existing office into conformance with current zoning requirements and to provide a transitional land use area between the commercial and residential uses in the area. Petition to rezone was filed on June 11, 1991. ~ollowing conditions were proffered by the petitioner: The That the property will continue to operate and be developed in substantial conformity with the site plan prepared by Howard Harrison, dated March 1990, a copy of which is attached to the petition for rezoning as Exhibit B, subject to any changes required by the City during comprehensive site plan review. That the existing and proposed use of the property shall be professional offices. That if the requested rezoning is approved, that an application will be made to the Roanoke Board of Zoning Appeals for a variance for relief of Room 355 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 98~-2344 Members of Council Page 2 the minimum 10 foot wide landscaping buffer area requirement along the western property line which adjoins a residentially zoned district. e That any exterior lighting for the required off-street parking areas or the grounds of the property shall not be installed as to illuminate any adjoining residential areas. Se That the existing vegetation and fencing along the western property line, adjoining the residentially zoned district, shall be maintained in accordance with Section 36.1-585(e) of the City Code. Plannin~ Commission meeting was held on July 3, 1991. Mr. Dan Crandall appeared before the Commission and requested that two properties at the corner of 13th Street and Cleveland be rezoned. He said that his office was located on one of the lots and he was trying to upgrade the area. Mr. Crandall said that he had talked with the neighbors and that no one was in opposition to the request. He further stated that he had a letter from Bob Crawford, president of the Mountain View Neighborhood Alliance, which registered no objection to the request. Mr. Crandall presented photographs of his property as well as photos of adjoining properties. Mr. Crandall said he would be submitting an amended petition in compliance with the code relative to the buffer area. He said he felt his use was a nice transition from some of the other uses in the area. Mr. Marlles gave the staff report which recommended approval of the request. He said that it would place the current non-conforming use in compliance with the zoning district. He said that staff felt the proposed use would provide a suitable buffer between the intensive commercial uses across the street and the multifamily structures. Mr. Sowers commented that he was very pleased to see the upgrading of the area and hoped it would continue. There was no further discussion on the matter before the Commission took action on the rezoning request. First amended petition to rezone was filed on July 12, 1991. The following conditions were proffered by the petitioner: FIRST AMENDED PETITION IN THE COUNTY OF THE CITY OF ROANOKE, VIRGINIA Rezoning of two parcels of land lying on the southwest corner of the intersection of 13th Street and Cleveland Avenue, S.W., bearing Official Tax Numbers 1220901 and 1220902 from RM-2, Residential Multifamily, Medium Density District to C-i, Office District, such rezoning to be subject to certain proffered conditions. TO THE HONORABLE ~kYOR ~ I~BEI~ OF THE COUNCIL OF THE CITY OF ROANOKE* The Petitioners, Joseph S. and Louis P. Ripley, and Daniel L. and Teresa L. Crandall, own land in the City of Roanoke containing .77 acres, more or less, bearing Official Tax Numbers 1220901-and 1220902, located at the southwest corner of the intersection of 13th Street and Cleveland Avenue, S.W. Said parcels are currently zoned RM-2. Residential Multifamily, Medium Density 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 Petitioners request that the herein described property be rezoned from RM-2, Residential Multifamily, Medium Density District, to C-l, Office District, subject to certain conditions as set forth below, for the purpose of continuing the use as professional offices. The Petitioners believe the rezoning of the said parcels of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that the rezoning will take a legal nonconforming use and place it within a conforming zoning district classification and it will provide a transitional land use area between the commercial and residential uses in the area. The Petitioners hereby proffer and agree that if the said parcels of land are rezoned as requested, that the rezoning will be subject to, and the Petitioners will abide by, the following conditions: That the property will continue to operate and be developed in substantial conformity with the site plan prepared by Howard Harrison, dated March, 1990, a copy of which is attached to the petition for rezoning as Exhibit B, subject to any changes required by the City during compre- Daniel L. Crandall LAW OFFICES OF DAI~IEI~L. CRAI~DALL, 811-13th Street, S.W. Roanoke, Virginia 24016 (703) 342-2000 tlt~oner Loui~ P. R£~ey/ ?et~ione~ ~an~el ~.~'Cranda~l ioner L. Crandall Petitioner Exhibit "A" f Exhibit "A" ~xhH~t 'B' IP ui 3TM $'FR~F..T sw SITE rtAtl FOR L/NW OF'F'I( ,f-_% '\ NAME Fred T. Yates Samuel E. Brooks Leigh Bartin William J. Heckert Michael E. Levan & David S. Moeller J. Robert Wingo & Jean Copley Irene S. Long Joe Bandy & Son EXHIBIT ADDI~ESS 737 - 13th Street, Roanoke, Virginia 24016 SeWe 2832 Cumberland Street Roanoke, Virginia 24012 P.O. Box 260 Daleville, Virginia 24083 611 Elm Avenue, S.W. Roanoke, Virginia 24016 P.O. Box 1402 Roanoke, Virginia 24007 P.O. Box 13505 Roanoke, Virginia 24034 725 - 13th Street, Roanoke, Virginia 24016 P.O. Box 4061 Roanoke, Virginia 24015 ID NUMBER 1220421 1220803 1221001 1221002 1221003 1221004 1220903 1220904 1220422 1220907 LOCATION ~, ')~ , 8 ~ 7 i G ,$ "t- Z -- I~IIOPOSI..'I) ~ IIEZONING RECEIVED CITY CL,:RKS {'~FFiCE '91 ,U. 23 R10:33 Office of Community August 12, 1991 The Honorable Noel C. Taylor, and Members of City Council Roanoke, Virginia Mayor Dear Members of Council: Subject: Request from Cox Cable Roanoke, Inc., a Virginia Corporation, represented by Robert E. Glenn, Esq., to have a portion of 20th Street, S.W. and a portion of Westport Avenue, S.W., in the City of Roanoke, permanently vacated, discontinued and closed. I. Background: Portion of 20th Street, S.W., requested for closure is part of a segment of 20th Street that extends in a northerly direction from Salem Avenue, S.W. for a distance of approximately 480 feet. Street right-of-way is 50' wide. Portion of 20th Street as requested for closure begins at the northerly boundary of a 12' alley and extends in a northerly direction for approximately 320 feet. Area of requested closure is approximately 16,000 square feet. Portion of Westport Avenue requested for closure extends from the easterly boundary of the above- mentioned 20th Street, S.W., in an easterly direction for a distance of approximately 170 feet. Street right-of-way is 50' wide. Area of requested closure is approximately 8,500 square feet. Owners of properties abutting the streets requested for closure (see attached Map A) are as follows: Tax Parcels Tax Parcel 1310901 Tax Parcel 1311308 Tax Parcel 1311409 Parcel abutting the westerly side of closure area of 20th Street 1311401-1311405 - Cox Cable Roanoke, Inc. - Cox Cable Roanoke, Inc. - H & S Construction - Auto. Paint & Supply - N & W Railway Room 355 Municipal Building 215 Church Avenue, S,W. Roanoke, Virginia 24011 (703) 981-2344 Members of the Commission Page 2 Sections of street requested for closure are both undeveloped or "paper" streets. II. Current Situation: III. Application requesting closure of the subject street portions was received by the Planning Commission on July 3, 1991. 20th Street is paved from its intersection with Salem Avenue to an intersection with a 12' alley. Remainder of 20th Street (area requested for closure) is undeveloped. Application states that the applicant desires to use the land within the street right-of-way as part of its cablevision operation. Issues: Neighborhood impact: Closure would have no effect on the immediate business community. Traffic impact: Closure should have no effect on traffic or traffic needs in the immediate area. Utilities within the public ri~ht-of-way: City has a sewer line within the right-of-way of Westport Avenue. City has received correspondence from Appalachian Power Company advising that they have facilities in that portion of Westport Avenue and 20th Street, S.W. proposed to be closed. Land use: Closure, as requested, will leave four (4) parcels of land (tax nos. 1311401 through 1311404) landlocked without required street frontage. City's subdivision ordinance prohibits the creation of landlocked parcels. 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. IV. Recommendation: Planning Commission, by a vote of 6-0 (Mr. Price absent) recommends to City Council that the applicant's request to close and permanently vacate the subject portions of 20th Street and Westport Avenue, S.W., be approved, subject to the following conditions: Members of the Commission Page 3 That the applicant agrees to submit to the City for review, approval and recordation, a plat of subdivision providing for the combination of all lots that would otherwise be left landlocked, all necessary easements and the proper division of the vacated rights-of-way. That if the above-cited subdivision plat is not submitted and recorded within a period of twelve (12) months from the date of any ordinance providing for closure, then said 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:ERT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Attorney for the Petitioner MARY F. PARKER CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S W,Room456 Roanoke. Vlrgmla 24011 Telephone: (703) 981-2541 June 12, 1991 SANORA H, EAKIN Deputy C~:y Clerk File #514 Mr. Charles A. Price, Jr., Chairman City Planning Commission Roanoke, Virginia Dear qr. Price: Pursuant to §30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application from Mr. Robert E. Glenn, Attorney, representing Cox Cable Roanoke, Inc., requesting that a portion of 20th Street and Westport Avenue, S. W., identified as Official Tax Nos. 1310901 and 1311405, respectively, be permanently vacated, discontinued and closed. ~ary F. Parker, CMC/AAE City Clerk MFP:ra ST.CLOSE2 Enc . pc: Mr. Robert E. Glenn, Attorney, P. O. Box 2857, rrginia 24001 , John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. ~iller, Zoning Administrator Mr. Edward R. Tucker, City Planner Mr. Steven J. Talevi, Assistant City Attorney Roanoke, *Received in the Office of the City Clerk, June 6, 1991 11:21 a.m. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: .Application of Cox Cable Roanoke, Inc. for vacation of portion of 20th Street, S.W. and a portion of Westport Avenue, S.W. APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF STREETS MEMBERS OF COUNCIL: Cox Cable Roanoke, Inc., a Virginia Corporation, applies to have a portion of 20th Street, S.W. and a portion of Westport 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. The streets are more particularly described on the map attached hereto and as follows: A portion of 20th Street, S.W., running north from an imaginary line connecting the northern boundary of an alleyway designated "W.E. 40 R.V.," with the northern boundary of an alleyway designated "W.E. 32 R.V.," all as shown on Sheet Number 131 of the Appraisal Map of the City of Roanoke t__o an imaginary line which is an extension (bearing approximately N. 40° 25' 45" W.) of the northeast boundary of the triangular parcel of land designated on the said Appraisal Map as parcel number 1310901, said line running from the northeast corner of parcel number 1310901 to a point of intersection with lands of Norfolk and Western Railway, all as shown on the said Appraisal Map. A portion of Westport Avenue, S.W., running east from the eastern right-of-way of 20th Street, S.W. t__qo an imaginary line which is an extension (bearing approximately S. 40° 25' 45" E.) of the northeast boundary of the triangular parcel of land designated on Sheet Number 131 of the Appraisal Map of the City of Roanoke as parcel number 1310901, said line running from the southeast corner of parcel number 1310901 to an angle along the northern boundary of parcel number 1311405, all as shown on the said Appraisal Map. Cox Cable Roanoke, Inc. states that the grounds for this application are as follows: 1) All abutting land owners whose property adjoins the property to be vacated have been notified. Your petitioner is not aware of any objection to this application. 2) The property to be vacated is presently not being used. The streets marked on the map were never built. 3) The applicant desires to use the property to be vacated as part of its cablevision operation. Because of that intended useage, the applicant requests that any cul-de-sac requirement be waived. WHEREFORE, Cox Cable Roanoke, Inc., a Virginia corporation, respectfully requests that the above described streets be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. Respectfully submitted, COX CABLE ROANOKE, INC. of counsel Date Robert E. Glenn, Esq. Maryellen F. Goodlatte, Esq. Glenn, Flippin, Feldmann & Darby 200 First Campbell Square P. O. Box 2887 Roanoke, Virginia 24011 Counsel for petitioner ABUTTING PROPERTY OWNERS OF 20TH STREET AND WESTPORT AVENUE Tax Map No. 1311308 and Owner H & S Construction P. O. Box 6226 Roanoke, Virginia 24017 1311316 H & S Construction P. O. Box 6226 Roanoke, Virginia 24017 1311409 Automotive Paint & Supply 1930 Salem Avenue Roanoke, Virginia 24016 Norfolk & Southern Corporation 185 Spring Street Box 172 Atlanta, Georgia 30303 1311401 Cox Cable Roanoke, Inc. 1909 Salem Avenue Roanoke, Virginia 24016 (Petitioner) 1310901 Cox Cable Roanoke, Inc. 1909 Salem Avenue Roanoke, Virginia 24016 (Petitioner) LOCATION III l1 il ii1~' MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W, Room 456 Roa,noke, V~rg~n~a 24011 Telephone: (703) g81-2541 July 22, 1991 File #514 SANDRA H. EAKIN Deputy C~zy Clerk Mr. Robert E. Glenn Attorney P. O. Box 2887 Roanoke, Virginia 24001 Dear Mr. Glenn: 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, Cox Cable Roanoke, Inc., that a portion of 20th Street and Westport Avenue, S. W., 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, August 12, 1991, at 7:30 p.m., in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W. For your information, I am 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. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP:ra PUBLIC2 Enc. Mr. Robert E. Glenn July 22, 1991 Page 2 pc: H & S Construction Company, P. 24017 Automotive Paint and Supply, Roanoke, Virginia 24016 Norfolk Southern Corporation, Roanoke, Virginia 24016 Norfolk Southern Corporation, Atlanta, Georgia 30303 O. Box 6226, Roanoke, Virginia 1930 Salem Avenue, S. W., Eight North Jefferson Street, 185 Spring Street, Box 172, Roanoke Valley Cablevision, c/o Cox Cable Communication, P. O. Box 105350, Atlanta, Georgia 30348 Cox Cable Roanoke, Inc., 1909 Salem Avenue, S. W., Roanoke, Virginia 24016 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 Ms. Nadine C. Minnix, Acting 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 Enginner Mr. Ronald H. Miller, Building Commissioner/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 ~0 NUMBER - 72~0827.~ PUBLISHER'S FEE - ~92.DD RECE YED CITY -Tr~<~ GLENN~FLIPPIN FELOMA~N DAR~Y 315 SHENANDOAH bL~G P ~ ~OX 2887 ROANOKE VA 24001 ~1 R~ 12 P2:04 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION I, ~THE UNOERSIbNED~ AN AUTHORIZED REPRESENTATIVE OF THE TIMEs-woRLD COR- PORATION~ WHICH CORPORATION IS PUBLISHER OF THE ROANOKE TI~ES & ~ORLD-NEmS~ A DAILY NEWSPAPER PUBLISHED IN ROANOKE~ IN THE STATE OF VIRGINIA, DO CERTIFY THAT THE ANNEXED NOTICE WAS PbbLISHED IN SAID NEWSPAPERS ON THE FOLLOwiNG DATES 07/26/91 MORNING & EVENING 08/02/91 MORNING & EVENING WITNESS, THIS 5TH DAY OF AUGUST 1991 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Rearing on Monday, August 12, 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: A portion of 20th Street, S.W., and a portion of Westport Avenue, S.W. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 24th day of July , 19 91 Mary F. Parker, City Clerk. Please publish in full twice in the Roanoke Times & World News, Morning Edition, once on Friday, July 26, 1991, and once on Friday, August 2, 1991. Please send publisher's affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Please bill to: Mr. Robert E. Glenn, Attorney P. O. Box 2887 Roanoke, Virginia 24001 MARY F. PARKER City Oerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 2~SChurchAvenue. S W,Room456 Roanoke, Virglma 24011 Telephone: (703) 9B1-254~ June 12, 1991 SANDRA H. EAKIN Deputy C~ty Clerk File #514 Mr. Charles A. Price, Jr., Chairman City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to §30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application from Mr. Robert E. Glenn, Attorney, representing Cox Cable Roanoke, Inc., requesting that a portion of 20th Street and Westport Avenue, S. W., identified as Official Tax Nos. 1310901 and 1311405, respectively, be permanently vacated, discontinued and closed. ~ary F. Parker, CMC/AAE City Clerk MFP:ra ST.CLOSE2 Enc. pc: Mr. Robert E. Glenn, Attorney, P. O. Box 2887, Virginia 24001 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. Edward R. Tucker, City Planner Mr. Steven J. Talevi, Assistant City Attorney Roanoke, RECEIYEO L~ o,~-~c,~s CiTY CLEF; ~S ~ ',' ~CE OLENN, FLIPPIN, ~ELDMANN & DARBY POST OFFICE BOX 2887 June 6, 1991 HAND DELIVERED Ms. Mary F. Parker Roanoke City Clerk 215 Church Avenue Roanoke, Virginia 24011 Re: Dear Ms. Proposal to vacate 20th Street, Avenue, S.W., Roanoke, Virginia Parker: S.W. and Wesport Enclosed please find the following in connection with the application for vacating the above referenced streets: 1. Original and one copy of application; 2. A list of names and addresses of all property owners affected by proposed street closings. 3. This firm's check in the amount of $300.00 City Clerk for filing of made payable to the application; and 4. A map showing the streets to be vacated. We would appreciate your forwarding this request onto the Secretary of the Planning Commission for placement on the agenda for the July 3 meeting. Thank you for your assistance in this matter. Very truly yours, Maryellen F. Goodlatte tlh:0061002 Enclosures cc: Mr. Ted Tucker w/enc. Cox Cable Roanoke, Inc. w/enc. RECEIVED CITY CLE~!f$ 0~FiCE TO T~ CI?Z C~RK OF T~ CI~'~Z OF RO~NO~E~ VIRGINIA P RTAINI G TO 8:23 Request from Cox Cable Roanoke, Inc., a Virginia ) Corporation, represented by Robert E. Glenn, Esq., ) to have a portion of 20th Street, S.W and a portion )AFFIDAVIT of Westport Avenue, S.W., in the City of Roanoke, ) permanently vacated, discontinued and closed. ) 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 24th of June, 1991, notices of a pu~blic hearing to be held on the 3rd day of July, 1991, on the street closure captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL OWNER~ AGENT OR OCCUPANT ADDRESS 1311308 H & S Construction P.O. Box 6226 1311316 Roanoke, VA 24017 Automotive Paint and Supply 1311409 1930 Salem Avenue Roanoke, VA 24016 Norfolk Southern Corporation 8 N. Jefferson Street Roanoke, VA 24016 Norfolk Southern Corporation 185 Spring Street Box 172 Atlanta, VA 30303 1311401 Roanoke Valley Cablevison P.O. Box 105350 1310901 c/o Cox Cable Communciation Atlanta, VA 30348 Cox Cable Roanoke, Inc. 1909 Salem Avenue Roanoke, VA 24016 ~ Martha Pace Franklin SUBSCRIBED AND SWORI~ to before me, a Notary Public, in the City Roanoke, Virginia, this 24th day of May, 1991. Notary Public My Commission Expires: 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 August 28, 1991 SANDRA H. EAKIN Deputy City Clerk File #514 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30647-82691 authorizing the temporary closure by barricade of Maitland Avenue, N. W., between Williamson Road 'and Woodbury Street. Ordinance No. 30647-82691 was adopted by the Council of the City of Roanoke on first reading on Monday, August 12, 1991, also adopted by the Council on second reading on Monday, August 26, 1991, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra Ene. pc: Sovran Bank, 302 South Jefferson Street, Roanoke, Virginia 24011 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney The Honorable Jerome S. Howard, Jr., Commissioner of Revenue Ms. Nadine C. Minnix, Acting 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. Ronaid H. Miller, Building Commissioner/Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Edward R. Tucker, City Planner Ms. Doris rayne, Office of Real Estate Valuation MARY F. p.~.RKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 August 28, 1991 File #514 SANDI{A H. EAKIN Deputy City Clerk The Honorable Dale A. Hendrick Clerk of the Circuit Court Roanoke, Virginia Dear Mr. Hendrick: I am attaching copy of Ordinance No. 30647-82691, for proper recordation in your office, which provides for the temporary closure by barricade of Maitland Avenue, N. W., between Williamson Road and Woodbury Street. Ordinance No. 30647-82691 was adopted by the Council of the City of Roanoke on first reading on Monday, August 12, 1991, also adopted by the Council on second reading on Monday, August 26, 1991, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra Eno o pc: Mr. W. Robert Herbert, City Manager IN THE COUNCIL OF THE CITY OF ROANOKE, The 26th Day of August, 1991. No. 30647-82691. VIRGINIA, AN ORDINANCE authorizing the temporary closure by barricade of a certain public right-of-way in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to temporarily close by barricade the public right-of-way described hereinafter, has been filed; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by ~30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on August 12, 1991, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said appli- cation; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested temporary closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from temporarily closing said public right-of-way, and that such closing will promote the safety and welfare of those using rights-of-way in the vicinity of the right-of-way to be temporarily closed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That certain portion of Maitland Avenue, N.W., between Williamson Road and Woodbury Street, N.W. be, and it hereby is, temporarily closed to through traffic, barricade as described in said Petition, for a period of six months, said by (6) said period to commence from the date of installation of barricade. ATTEST: City Clerk. RECEIVE?,.~. CITY CLERKS !;~, iCE Roanoke City Planning Commission The Honorable Noel C, Taylor, and Members of City Council Roanoke, Virginia Mayor August 12, 1991 Dear Members of Council: Subject: Application of the City of Roanoke to alter by closure with barricades, on a temporary basis, Maitland Avenue, NW between Williamson Road and Woodbury Street. I. Background: ae Maitland Avenue is located in the northwest quadrant of the City in the Williamson Road community, Maitland Avenue extends in a northeasterly direction from its intersection with Airport Road approximately 760 feet, it then terminates at its intersection with Williams Road. Traffic enqineerinq has received a petition signed by 48 residents and 2 businesses located near the subject intersection. Traffic safety is cited as a major concern. Ce Portion of Maitland Avenu~ requested for closure is located between Woodbury Avenue and its eastern terminus with Williamson Road. Subject portion is approximately 65 feet in length. Sovran Bank owns the abutting property north of the subject closure the small "wedge" south of the proposed closure is owned by the City of Roanoke and is part of the Williamson Road right-of-way. II. Current Situation: ae The application was received May 24, 1991. A public hearing before the Planning Commission was held on July 3, 1991. Residents of Woodbury Avenue and Hearthstone Road as well as two businesses, Sovran Bank and Monticello Room 355 Municipal Building 215 Church Avenue S.W Roanoke, Virginia 24011 (700) 981-2344 Members of Council Page 2 Manor have complained to the City of the limited visibility that Woodbury Street motorists have on vehicles turning from southbound Williamson Road to westbound Maitland Avenue. The sight clearance problem is caused by the topography. City Traffic Engineer reports that traffic volume on Maitland Avenue is approximately 2,400 vehicles per day and primarily consists of through traffic between Williamson Road and Airport Road. Traffic volume on Woodbury street consists of trips generated from its 29 homes and from the exit of Sovran Bank. City Traffic Engineer requests that the closure by barricade of Maitland Avenue between Woodbury and Williamson Road be implemented on a six month trial basis. Traffic volume is not expected to decrease, but the intersection should be made safer. If successful, the City would make application after the six month period to permanently close this segment of Maitland by removal of pavement. Implementation of the proposed closure would result in southbound traffic on Williamson Road having to travel less than 100 feet to turn onto Woodbury Street. III. Issues: A. Public safety. B. Fire, police, emergency and public services. C. Inconvenience to traffic. D. Costs. IV. Alternatives: City Council recommendation of approval of request for closure with barricading of Maitland Avenue between Woodbury and Williamson Road for a trial period of six months with said date to commence from the date of installation of the proposed barricade. 1. Public Safety: Se Barricade placed on Maitland at Woodbury would force traffic on Maitland to either turn left or right on Woodbury. b. Barricade placed on Maitland at Williamson Road would force southbound traffic on Members of Council Page 3 Bo City 1. e williamson Road to travel less than 100 feet to turn onto Woodbury Street. Ce Sight clearance problem Woodbury motorists have of vehicles turning from southbound Williamson Road to westbound Maitland Avenue would be eliminated. Fire, police, emergency and public services: Fire department officials state that the proposed closure would not effect fire department operations. No comments were received from police, emergency or public services. Inconvenience to traffic: Closure by barricade of the subject area will not create a dead-end street. It will result in a change in the traffic pattern which will necessitate proper signage of the subject area. This will be coordinated through the traffic engineer's office. Implementation of the proposed closure would result in southbound traffic on Williamson Road which formerly turned onto Maitland Avenue now having to travel less than 100 feet to turn onto Woodbury Street. Inconvenience to area traffic should be minimal. Costs of installation would be borne by the Street Maintenance department as part of their regular operating budget. The department would install needed barricades and with the coordination of the Traffic Engineer, the necessary traffic signs. Council denial of the request. Public Safety issue would not be addressed. Concerns of 48 residents and 2 businesses in the subject area would not be met. Fire, police, emergency and public services access would not be an issue. Inconvenience to traffic would not be an issue. Costs would not be an issue. Members of Council Page 4 IV. Recommendation: By a vote of 6-0 (Mr. Price, absent) the Planning Commission recommends approval of alternative A thereby authorizing the City Manager to alter by closure with barricade of Maitland Avenue between Williamson Road and Woodbury Street, closure to remain in effect for a trial period of six months commencing at the date of installation of the proposed barricades. The above recommendation is based on the following conclusions: Public safety issues raised by local residents and documented by City staff warrant deliberate and serious consideration. Closure on a temporary basis will provide an opportunity to determine positive and/or negative effects of the closure. If the barricades are proved to be effective in eliminating the sight clearance problem of motorists on Woodbury and no negative affects on traffic or the immediate community are recognized, a new application will be filed prior to the expiration of the six month trial period requesting that the closure be made effective on a permanent basis. Pavement can then be removed and the intersection at Maitland Avenue and Williamson Road eliminated. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission JRM:HPD:avs attachments cc: City Manager Assistant City Attorney Director of Public Works City Engineer Building Commissioner 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 May 24, 1991 SANDRA H. EAKIN Deputy O:y Clerk File #514 Mr. Charles A. Price, Jr., City Planning Commission Roanoke, Virginia Chairman Dear Mr. Price: Pursuant to §30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application from the City of Roanoke represented by Mr. W. Robert Herbert, City Manager, that Maitland Avenue, N. W., between Williamson Road and Woodbury Street, be altered by closure with barricades on a temporary basis. Sincer~elY' Mary F. Parker, CMC/AAE City Clerk MFP:ra ST.CLOSE1 Eric . pc: Mr. W. Robert Herbert, City Manager jr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald R. Miller, Zoning Administrator Mr. Edward R. Tucker, City Planner Mr. Steven J. Talevi, Assistant City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE~>VIRGINIA IN RE: Application of the City of Roanoke ) to alter by closure with barricades, ) on a temporary basis, Maitland ) Avenue, N.W., between Williamson ) Road and Woodbury Street, pursuant ) to Section 30-14 of the Code of the ) City of Roanoke (1979), as amended· ) APPLICATION FOR ALTERING AND CLOSING A PUBLIC STREET TO THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL: The City of Roanoke applies herewith, as authorized and pro- vided for by Motion adopted by Council on February 25, 1991, to alter by closure with barricades, on a temporary basis, Maitland Avenue, N.W., between Williamson Road and Woodbury Street, N.W., pursuant to Section 30-14, of the Code of the City of Roanoke (1979), as amended. The City of Roanoke, Virginia, states that the grounds for this application are as follows: ~ Traffic safety is a concern at this location due to limited visibility which motorists on Woodbury Avenue have of vehicles turning from southbound Williamson Road to westbound Maitland Avenue. The limited visibility is caused by topography. Residents support the closure of the above-described por- tion of Maitland Avenue. Proposed barricade, if permitted, will remain erected for six (6) months on a trial basis. If trial period is con- sidered successful, City will apply to close, permanent- ly, the above-described segment of Maitland Avenue by permanent removal of pavement. City Council has previously reviewed this matter and adopted a motion on February 25, 1991, to authorize the City Manager to file all necessary applications to alter by closure with barricades, on a temporary basis, Maitland Avenue, N.W., between W~lliamson Road and Woodbury Street, N.W., for a trial period of six (6) months. The motion adopted February 25, 1991, provided that a study be made during the trial period of closure, to determine the overall impact of the closure on the com- munity and further provided that if said closure thereafter, is deemed to be in the best interest of public health and safety, that proper application be made to City Council to alter and close said portion of Mait- land Avenue, N.W., on a permanent basis. In consideration of the validity of the concerns expressed by the residents of the community, and in further consideration of the afore-mentioned provision that the overall impact of said closure is to be eva- luated and determined during the six (6) month trial period closure, the petitioner therefore now requests that the subject street be temporarily altered by closure as described. WHEREFORE, the City of Roanoke, Virginia, respectfully requests that the above-described portion of Maitland Avenue, N.W., be altered by closure with barricades, on a temporary basis, between Williamson Road and Woodbury Street, N.W., for a trial period of six (6) months with said date of closure by barricade to commence from the date of installatio~of the proposed barricade. Respectfully submitted, W. Robert Herbert, City Manager - 9. ClT ROA LOCATION MARY F. PARKER C;ty Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W,Room456 Roanoke V~rglma 240tl Telephone: (703)981-2541 July 22, 1991 File #514 SANDRA H. EAKIN Deputy C~:y Clerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant the request of the City of Roanoke that Maitland Avenue, N. W., between Williamson Road and Woodbury Street, be altered by closure with barricades on a temporary basis. 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, August 12, 1991, at 7:30 p.m., in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W. For your information, I am 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. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra PUBLIC1 Enc. pc: Sovran Bank, 302 South Jefferson Street, Roanoke, Virginia · 24011 Mr. W. Robert Herbert July 22, 1991 Page 2 pc: Mr. Wllburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney The Honorable Jerome S. Howard, Jr., Commissioner of Revenue Ms. Nadine C. Mlnnix, Acting 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. Klser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner/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 ~CAN0~E TI~E$ & ~CRL~-NE~S St) NUMBER 72411773 PUBLISHER'S FEE - $85,10 CITY OF ROANOKE C/O MARY F PARKER CITY CLERKS OFFICE ROOM ~56 MUNICIPAL ~LDG ROANOKE VA 2~OI1 RECEIVED CITY ClErKS '~1 A~ STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION I, (THE UNDERSIGNED) AN AUTHORIZED REPRESENTATIVE OF THE TIMES-~ORLO COR- PORATION, wHICH CORPORATION IS PUbLIShER OF THE ROANOKE TIMES C WORLD-NEWS, A DAILY NEWSPAPER PU~LISHEC IN ROANOKE9 IN THE STATE OF VIRGINIA, DO CERTIFY THAT THE ANNEXEO NOTICE ~AS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLO.IN~ DATES 07/20/91 MORNING & EVENING 08/02/91 MORNING & EVENING WITNESS, THIS_ 51H DAY OF AUGUST J991 AUTHORIZED SIGNATURE NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, August 12, 1991, at 7:30 p.m., or as soon after as the matter may be heard, in the Council Chamber in the Municipal Building, 4th Floor, 215 Church Avenue, S. W., on a proposal to alter by closure with barricades, on a temporary basis, Maitland Avenue, N.W., between Williamson Road and Woodbury Street, N.W. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 24th day of July , 1991. Mary F. Parker, City Clerk Please publish in full twice in the Roanoke Times & World News, Morning Edition, once on Friday, July 26, 1991, and once on Friday, August 2, 1991. Please send publisher's affidavit and bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal 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, Virg~ma 24011 Tetephone: (?03) 981-2541 May 24, 1991 SANDRA H. EAKIN Deputy C~:y Clerk File #514 Mr. Charles A. Price, Jr., Chairman City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to §30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application from the City of Roanoke represented by Mr. W. Robert Herbert, City Manager, that Maitland Avenue, N. W., between Williamson Road and Woodbury Street, be altered by closure with barricades om a temporary basis. Sincer~elY' . Mary F. Parker, CMC/AAE City Clerk MFP:ra ST.CLOSE1 pc: Mr. W. Robert Herbert, City Manager Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. Edward R. Tucker, City Planner Mr. Steven J. Talevi, Assistant City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA IN RE: Application of the City of Roanoke ) to alter by closure with barricades, ) on a temporary basis, Maitland ) Avenue, N.W., between Williamson ) Road and Woodbury Street, pursuant ) to Section 30-14 of the Code of the ) City of Roanoke (1979), as amended. ) APPLICATION FOR ALTERING AND CLOSING A PUBLIC STREET TO THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL: The City of Roanoke applies herewith, as authorized and pro- vided for by Motion adopted by Council on February 25, 1991, to alter by closure with barricades, on a temporary basis, Maitland Avenue, N.W., between Williamson Road and Woodbury Street, N.W., pursuant to Section 30-14, of the Code of the City of Roanoke (1979), as amended. The City of Roanoke, Virginia, states that the grounds for this application are as follows: Traffic safety is a concern at this location due to limited visibility which motorists on Woodbury Avenue have of vehicles turning from southbound Williamson Road to westbound Maitland Avenue. The limited visibility is caused by topography. 2e Residents support the closure of the above-described por- tion of Maitland Avenue. e Proposed barricade, if permitted, will remain erected for six (6) months on a trial basis. If trial period is con- sidered successful, City will apply to close, permanent- ly, the above-described segment of Maitland Avenue by permanent removal of pavement. City Council has previously reviewed this matter and adopted a motion on February 25, 1991, to authorize the City Manager to file all necessary applications to alter by closure with barricades, on a temporary basis, Maitland Avenue, N.W., between Williamson Road and Woodbury Street, N.W., for a trial period of six (6) months. e The motion adopted February 25, 1991, provided that a study be made during the trial period of closure, to determine the overall impact of the closure on the com- munity and further provided that if said closure thereafter, is deemed to be in the best interest of public health and safety, that proper application be made to City Council to alter and close said portion of Mait- land Avenue, N.W., on a permanent basis. In consideration of the validity of the concerns expressed by the residents of the community, and in further consideration of the afore-mentioned provision that the overall impact of said closure is to be eva- luated and determined during the six (6) month trial period closure, the petitioner therefore now requests that the subject street be temporarily altered by closure as described. WHEREFORE, the City of Roanoke, Virginia, requests that the above-described portion of N.W., be altered by closure with barricades, between Williamson Road and Woodbury Street, respectfully Maitland Avenue, on a temporary basis, N.W., for a trial period of commence from the six (6) months with said date of closure by barricade to date of installation of the proposed barricade. Respectfully submitted, W. Robert Herbert, City Manager Date - 2 - RECEIVED CITY CLERKS OFFICE ,J1.t126 A8 3 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE STREET CLOSURE REQUEST OF: Request from the City of Roanoke to alter by closure ) with barricades, on a temporary basis, Maitland Avenue) AFFIDAVIT N.W., between Williamson Road and Woodbury Street N.W.) 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 24th of June, 1991, notices of a public hearing to be held on the 3rd day of July, 1991, on the street closure captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL OWNERt AGENT OR OCCUPANT ADDRESS 2190301 Sovran Bank 302 S. Jefferson St. Roanoke, VA 24011 ~ Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 24th day of May, 1991. Notary Public' My Commission Expires: MARY F. PARKER City Clerk CITY OF ROANOK OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V~rginia 24011 Telephone: (703)981-2541 August 28, 1991 File #51-24A SANDRA H. EAKIN Deputy City Clerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30648A-82691 amending §36.1, Zoning, of the Code of the City of Roanoke, 1979, as amended, to include amendments which are deemed necessary to ensure that the City's development regulations are responsive to current development needs and community issues. Ordinance No. 30648A-82691 was adopted by the Council of the City of Roanoke on first reading on Monday, August 12, 1991, also adopted by the Council on second reading on Monday, August 26, 1991, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra Eric. pc: The Honorable Kenneth E. Trabue, Chief Judge, Circuit Court, 305 East Main Street, Salem, Virginia 24153 The Honorable G. O. Clemens, Judge, Circuit Court, P. O. Box 1016, Salem, Virginia The Honorable Roy B. Willett, Judge, Circuit Court The Honorable Clifford R. Weckstein, Judge, Circuit Court The Honorable Diane M. Strickland, Judge, Circuit Court The Honorable Joseph M. Clarke, II, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Fred L. Hoback, Jr., Judge, Juvenile and Domestic Relations District Court The Honorable Edward S. Kidd, Jr., Chief Judge, General District Court 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 Mr. W. Robert Herbert August 28, 1991 Page 2 pc: The Honorable Dale A. Hendrick, 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. L. Elwood Norris, Chair, Board of Zoning Appeals, 3818 Park Lane, S. W., Roanoke, Virginia 24015 Mr. Charles A. Price, Jr., Chair, City Planning Commission, 3101 Willow Road, N. W., Roanoke, Virginia 24017 Mr. Kit B. Kiser, Director of Utilities and Operations Mr. William F. Clark, Director of Public Works Mr. John R. Mariles, Chief, Community Planning Mr. Ronald H. Miller, Building Commissioner/Zoning Commissioner Ms. Patti C. Hanes, Secretary, Board of Zoning Appeals Mr. Charles M. Huffine, City Engineer Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Mr. Bobby D. Casey, Office of the Magistrate, P. O. Box 13867, Roanoke, Virginia 24037 Ms. Clayne M. Calhoun, Law Librarian Mr. Robert L. Laslie, Vice President Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32304 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th Day of August, 1991. No. 30648A-82691. AN ORDINANCE amending S36.1-25, Definitions; subsection (3) of §36.1-52, Permitted uses; ~36.1-52, Permitted use~, by the addition of new subsection (10); subsection (4) of ~36.1-71, Permitted uses; S36.1-72, Special exception uses, by the addition of new subsections (10) and (11); subsection (4) of ~36.1-89, Permitted uses; §36.1-90, Special exception uses, by the addition of new subsections (13) and (14); subsection (5) of S36.1-107, Permitted uses; §36.1-108, Special exception uses, by the addition of new subsections (12) and (13); subsection (7) of ~36.1-126, Permitted uses; ~36.1-127, Special exception uses, by the addition of new subsections (8), (9) and (10); ~36.1-146, Special exception uses, by the addition of new subsections (5), (6) and (7); subsection (7) of §36.1-164, Permitted uses; subsection (11) of §36.1-185, Permitted uses; subsection (7) of S36.1-206, Permitted uses; subsection (8) of §36.1-227, Permitted use~; ~36.1-249, Permitted uses, by the addition of new subsection (26); subsection (6) of ~36.1-270, Permitted uses; S36.1-270, Permitted uses, by the addition of new subsection (8); subsection (a) of S36.1-412, Temporary buildinqs~ structures and construction dumpsters; §36.1- 412, Temporary buildings~ structures and construction dumpster~, by the addition of subsection (c); subsection (a) Parkinq of commercial vehicles; subsection (f) General requirements; ~36.1-576, Submission comprehensive development plan, of ~36.1-435, of S36.1-531, procedures; by the addition of new subsection (d); subsection (a) of S36.1-690, General authority and procedure; subsection (b) of §36.1-691, Planning commission action; and subsection (d)(3) of ~36.1-710, Fees generally, of the Code of the City of Roanoke (1979), as amended, such amendments and additions relating to the definition of family, mobile home, manufactured home, fast food restaurant, restaurant, boarding or rooming house, hotel, motel or inn, a manufactured home as a permitted use in the RA, Residential Agriculture District, radio and television transmitters in the LM, Light Manufacturing District, and the HM, Heavy Manufacturing District, fire stations, police stations and elementary schools as special exception uses in residential districts, bus depots and repair facilities as permitted uses in the HM, Heavy Manufacturing District, temporary construction dumpsters, accessory columbarims with churches, synagogues and other places of worship as permitted uses in residential and commercial districts, parking of commercial vehicles, accessory structures, submission procedures for comprehensive plans of development, general authority and procedure for filing of an application for a zoning map amendment, notice of hearings before the Planning Commission, and fees for review of a comprehensive plan of development. BE IT ORDAINED by the Council of the City of Roanoke that ~36.1-25, Definitions; subsection (3) of ~36.1-52, Permitted uses; ~36.1-52, Permitted uses, by the addition of new subsection (10); subsection (4) of §36.1-71, Permitted uses; ~36.1-72, Special 2 exception uses, by the addition of new subsections (10) and (11); subsection (4) of §36.1-89, Permitted uses; S36.1-90, Special exception uses, by the addition of new subsections (13) and (14); subsection (5) of S36.1-107, Permitted uses; ~36.1-108, Special exception uses, by the addition of new subsections (12) and (13); subsection (7) of ~36.1-126, Permitted uses; ~36.1-127, Special exception uses, by the addition of new subsections (8), (9) and (10); ~36.1-146, Special exception uses, by the addition of new subsections (5), (6) and (7); subsection (7) of §36.1-164, Permitted uses; subsection (11) of S36.1-185, Permitted uses; Permitted uses; subsection (8) of ~36.1-249, Permitted uses, by the (26); subsection (6) of §36.1-270, subsection (7) of ~36.1-206, ~36.1-227, Permitted uses; addition of new subsection Permitted uses; subsection (8); structures and ~36.1-270, Permitted uses, by the addition of new subsection (a) of S36.1-412, Temporary buildings, construction dumpsters; ~36.1-412, Temporary buildinqsr structures and construction dumpsters, by the addition of subsection (c); subsection (a) of ~36.1-435, Parkinq of commercial vehicles; subsection (f) of §36.1-531, General requirements; §36.1-576, Submission procedures; comprehensiv~ development Dlan, by the addition of new subsection (d); subsection (a) of ~36.1-690, General authority and Drocedur~; subsection (b) of S36.1-691, Planninq commission action; and subsection (d)(3) of ~36.1-710, Fees qenerall¥, of the Code of the City of Roanoke (1979), as amended, be, and are hereby, amended and reordained to read and provide as follows: 3 S36.1-25. Definitions. For the purpose terms and words used as follows: of this chapter certain herein shall be defined Boarding or rooming house: A building or portion thereof, which no more than six (6) persons reside for compensation on a weekly, monthly or longer basis. Such persons may share common kitchen or bathroom facilities. Dwelling: Any building designed to be used for residential purposes, and including the following specific types: (2) Mobile home: A structure, transportable in one or more sections, not subject to federal regulations and constructed prior to June 15, 1976, which is constructed on a chassis for towing to the point of use and designed to be used, with or without permanent foundation, for continuous year- round occupancy as a single family dwelling when connected to the required utilities. (6) Manufactured home: A structure, transportable in one or more sections, subject to federal regulations and constructed after June 15, 1976, which is constructed on a chassis for towing to the point of use, and is not less than nineteen (19) feet in width when assembled, and is set up on a permanent foundation on an individual lot for continuous year-round occupancy as a single family dwelling when connected to the required utilities. 4 Family: One or more persons occupying a single dwelling unit and living and cooking together as a single housekeeping unit. The word shall not be construed to mean more than four (4) persons unrelated by blood, marriage or adoption. The above notwithstanding, up to and including eight (8) mentally ill, mentally retarded or developmentally disabled person~ who reside with one or more resident counselors or other staff persons in a facility for which the Department of Mental Health, Mental Retardation, and Substance Abuse Services is the licensing authority pursuant to the Virginia Code, may constitute a family. For purposes of this definition, mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in S54.1-3401 of the Code of Virginia (1950), as amended. Fast food restaurant: An establishment engaged in the preparation of food intended to be consumed primarily off the premises which includes take-out or delivery service or a drive-through window as a major component of its operation. Hotel~ motel~ or inn: An establishment primarily engaged in the rental of rooms to seven (7) persons or more on a daily, weekly, monthly or longer basis. Restaurant: An establishment engaged in preparing and serving food and beverages for consumption primarily on the premises which may include take-out service or a drive- through window as an incidental component of its operation. S36.1-52. Permitted uses. The following uses shall be permitted as principal uses in the RA district: (3) Churches, places of worship, columbariums. synagogues and other including accessory (10) Manufactured home. §36.1-71. The principal uses in the RS-1 and RS-2 districts: ( 4 ) Churches, synagogues and other places of worship, including accessory columbariums. Permitted uses. following uses shall be permitted as S36.1-72. Special exception uses. The following uses may be permitted in the RS-1 and RS-2 districts by special exception granted by the board of zoning appeals subject to the requirements of this section: (a) Uses permitted by special in the RS-1 and RS-2 districts: (10) exception Fire stations. Police stations. Permitted uses. following uses shall be permitted as in the RS-3 district: (11) S36.1-89. The principal uses 6 (4) Churches, synagogues and other places of worship, including accessory columbariums. §36.1-90. Special exception uses. The following uses may be permitted in the RS-3 district by special exception granted by the board of zoning appeals subject to the requirements of this section: (13) Fire stations. (14) Police stations. *** §36.1-107. Permitted uses. The following uses shall be permitted as principal uses in the RM-1 district: (5) Churches, synagogues and other places of worship, including accessory columbariums. S36.1-108. Special exception uses. (12) Fire stations. (13) Police stations. *** S36.1-126. Permitted uses. The following uses shall be permitted as principal uses in the RM-2 district: 7 (7) Churches, places of worship, columbariums. synagogues and other including accessory §36.1-127. Special exception uses. The following uses may be permitted in the RM-2 district by special exception granted by the board of zoning appeals subject to the requirements of this section: (8) Fire stations. (9) Police stations. (10) Elementary and secondary schools. §36.1-146. Special exception uses. The following uses may be permitted in the RM-3 and RM-4 districts by special exception granted by the board of zoning appeals subject to the requirements of this section: (5) Elementary and secondary schools. (6) Fire stations. (7) Police stations. S36.1-164. Permitted uses. The following listed uses shall be permitted as principal uses in the CN district. Unless otherwise stated, the maximum gross ground floor area (the "footprint") of any new structure shall be five thousand (5,000) square feet: 8 (7) Churches, places of worship, columbariums. synagogues and other including accessory §36.1-185. Permitted uses. The following uses shall be permitted as principal uses in the C-1 district: (11) Churches, synagogues and other places of worship, including accessory columbariums. §36-1-206. Permitted uses. The following uses shall be permitted as principal uses in the C-2 district: (7) Churches, synagogues and other places of worship, including accessory columbariums. §36.1-227. Permitted uses. The following uses shall be permitted as principal uses in the C-3 district: (8) Churches, places of worship, columbariums. synagogues and other including accessory §36.1-249. Permitted uses. The following uses shall be permitted as principal uses in the LM district: 9 (26) Radio and television transmitters. ~36.1-270. Permitted uses. The following uses shall be permitted as principal uses in the HM district: (6) Tractor trailer and bus depots and repair facilities. (8) Radio and television transmitters. ~36.1-412. Temporary buildings, structures, and construction dumpsters. (a) Temporary buildings, structures or construction dumpsters may be permitted in any district in connection with and on the site of building and land development or redevelopment, including but not limited to, grading, paving, installation of utilities, building construction and the like, and such buildings or structures may include offices, construction trailers or construction dumpsters, storage buildings, and signs provided that no such permit shall be for a period of no more than six (6) months, renewable by the zoning administrator for additional periods of not more than six (6) months each. (c) In all districts, the following requirements shall be applicable: (1) No construction dumpster may impede pedestrian or vehicular access to and from adjoining properties or otherwise create an unsafe condition for pedestrian and vehicular traffic; 10 (2) Every construction dumpster shall clearly identify the owner of such dumpster and telephone number and shall be clearly labelled for purpose of containment of construction materials only; (3) Every construction dumpster shall be routinely emptied so as to not create an unsightly or dangerous condition on the property resulting from the deposit, existence and accumulation of construction materials. S36.1-435. Parkinq of commercial vehicles. (a) No commercial vehicle exceeding three-quarter (3/4) ton gross weight shall be parked or left standing in a residential district for more than two (2) hours at any time except for: (1) School buses and emergency vehicles; (2) Vehicles being loaded or unloaded; (3) Vehicles belonging to or used by the occupant of a business premises, when the premises constitute a lawfully existing use; (4) Vehicles, the occupants of which are actually engaged in work on the premises; and (5) Vehicles being used in connection with utility or street work. S36.1-531. General requirements. (f) Accessory structures may be located no closer than five (5) feet to a rear or side lot line, and driveways may be located up to or on the front lot line, except for the following: 1! Driveways may be located up to or on the side or rear lot line; (2) Fences or walls may be located within six (6) inches to a side or rear lot line; (3) Pools, tennis courts and other similar uses shall adhere to the yard requirements of the principal building. S36.1-576. Submission procedures; comprehensive development plan. (d) The agent may require that a comprehensive development plan be prepared by an engineer, architect, land surveyor or landscape architect who is licensed by the Commonwealth of Virginia. S36.1-690. General authority and procedure. (a) Whenever public necessity, convenience, general welfare or good zoning practice require, the city council may amend, supplement, or change this chapter, including the schedule of district regulations and the official zoning map. Any such amendment may be initiated by resolution of the city council, by motion of the planning commission, or by petition of the owner, contract purchaser with the owner's written consent, or the owner's agent, of the property which is the subject of the proposed zoning map amendment. ~36.1-691. Planninq Commission action. (b) Prior to making recommendations on any proposed amendment of district zoning 12 (b) Prior to making recommendations on any proposed amendment of district zoning classifications, the planning commission shall conduct a public hearing on such proposal, after notice of such hearing is given pursuant to §36.1-693 of this chapter. S36.1-710. Fees qenerally. (d) For each particular matter hereinafter set out, the following fees shall be payable, upon application. For the purpose of determining fees, where a tract involves a fraction of an acre, said fraction shall be calculated as an acre. (3) Comprehensive development plan review... $100.00 per acre ATTEST: City Clerk. 13 RECE~VE~ '91 ~_ 24 P5:03 Roanoke City Planning Commission August 12, 1991 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Public hearing concerning proposed amendments to Section 36.1, Zoning, of the Code of the City of Roanoke, 1979, as amended. I. Background: First comprehensive update to the City's zoning ordinance in over 20 years was adopted by City Council on April 20, 1987. First update to the 1987 zoning ordinance consisted of 10 amendments that were adopted by City Council on February 12, 1990. Current list of proposed amendments (attached) was compiled by the Planning Commission and staff over the past six (6) months based on input received from administrative staff and citizens. Purpose of each of the proposed amendments is summarized in the attachment to this report. II. Current Situation: Ordinance and Names Subcommittee held numerous meetings with Planning staff to discuss and evaluate the proposed revisions to the existing regulations. Final draft of the proposed amendments were forwarded to the full Planning Commission on May 30, 1991. Planning Commission public hearing was held on July 3, 1991 and there was no one present to speak to the matter. P. oc,'n 355 Municipal Building 2t5 Churdn Avenue. S.A4 Roanoke. Virginia 24011 (703) 98t-2344 III. Recommendation: The Planning Commission, by a vote of 5-0 (Messrs. Bradshaw and Price absent), recommended that City Council approve the proposed amendments to the City zoning ordinance. The proposed amendments are necessary to ensure that the City's development regulations are responsive to current development needs and community issues. 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 Roanoke City Planning Commission Proposed Zoning Amendments Comment: Section 36.1-691(b). Planning commission action incorrectly refers to Section 36.1-712 for notice of public hearing. The correct citation is Section 36.1-693. Notice of hearing. Proposed Amendment(s): Section. 36.1-691. Planning commission action. (page 3046) (b) Prior to making recommendations on any proposed amendment of district zoning classifications, the planning commission shall conduct a public hearing on such proposal, after notice of such hearing is given pursuant to section ~7I~ 36.1-693 of this chapter. Se Comment: A recent amendment to the State Code enacted in order to bring State law into conformity with the Federal Fair Housing Act of 1988 requires local zoning ordinances to consider a group home for eight (8) or less mentally ill, mentally retarded, or developmentally disabled persons, with one or more staff persons, for all purposes as residential occupancy by a single family. No conditions more restrictive than those imposed on a typical single family residence can be imposed on such a facility. Proposed Amendment(s): Section 36.1-25. Definitions. Family. (page 2895) Family: One or more persons occupying a single dwelling unit and living and cooking together as a single housekeeping unit. ~ The word shall not be construed to mean more than four (4) persons unrelated by blood, marriage or adoption. The above notwithstanding, up to and including eight (8) mentally ill, mentally retarded or developmentally disabled persons who reside with one or more resident counselors or other staff persons in a facility for which the Department of Mental Healthr Mental Retardation, and Substance Abuse Services is the licensing authority pursuant to the Virginia Code, may constitute a family. For purposes of this definition, mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in Section 54.1-3401 of the Code of Virginia (1950), as amended. Comment: Bus depots and repair facilities are currently not provided for as a permitted use in the HM district. City's existing facility is located in an HM zone and is therefore nonconforming. Amendment requested by Building Department. Proposed Amendment(s): Section 36.1-270. Permitted uses. District. page 2941) (HM; Heavy Manufacturing (6) Tractor trailer and bus depots and repair facilities. Comment: The City has received complaints from property owners in residential areas regarding "spill over" noise, lighting, drainage, etc., resulting from basketball and tennis courts, swimming pools, and other backyard athletic facilities constructed near property lines. The City's zoning administrator has indicated that the setback requirements in the zoning ordinance don't apply to such facilities (with the exception of swimming pools) because such facilities are not "structures" as defined in the ordinance. Proposed Amendment(s).: Section 36.1-531. General requirements. structures, page 3007) (Accessory uses and (f) Accessory structures may be located no closer than five (5) feet to a rear or side lot line, and driveways may be located, up to or on the front lot line, except E~/~W~I~ ~I~] for the following: driveways may be located up to or on the side or rear lot line; fences or walls may be located within six (6) inches to a side or rear lot line; pools, tennis courts and other similar uses shall adhere to the yard requirements of the principal building. Comment: Section 15.1-491 of the Code of virginia, 1950, as amended, has been amended to provide that rezoning requests can be initiated by petition of only the owner, contract purchaser with the owner's written consent, or the owner's agent. Previously any property owner could petition for rezoning, even if he or she did not own the property. 2 Proposed Amendment(s): Section 36.1-690. General authority and procedure. 3044) (page (a) Whenever public necessity, convenience, general welfare or good zoning practice require, the city council may amend, supplement, or change this chapter, including the schedule of district regulations and the official zoning map. Any such amendment may be initiated by resolution of the city council, by motion of the planning commission~ or by petition of ~ the ~ owner, contract purchaser with the owner's written consent, or the owner's agent, of the property which is the subject of the proposed zoning mad amendment. Comment: The current zoning ordinance does not set forth any requirements regulating the location, appearance, signage, time-frame, etc., associated with temporary construction dumpsters. Proposed Amendment(s): Section 36.1-412. Temporary buildings, structures, and construction dumpsters. (page 2981) Temporary buildingsz ~ structures or construction dumpsters may be permitted in any district in connection with and on the site of building and land development~ or redevelopment, including but not limited to, grading, paving, installation of utilities, building construction and the like, and such buildings or structures may include offices, construction trailers or construction dumpsters, storage buildings, and signs provided that no such permit shall be for a period of no more than six (6) months, renewable by the zoning administrator for additional periods of not more than six (6) months each. In all districts, the following requirements shall be applicable: No construction dumpster may impede pedestrian or vehicular access to and from adjoining properties or otherwise create an unsafe condition for pedestrian and vehicular traffic; Every construction dumpster shall clearly identify the owner of such dumpster and telephone number and shall be clearly labelled for purpose of containment of construction materials only~ 3 Every construction dumpster shall be routinely emptied so as to not create an unsightly or dangerous condition on the property resultinq from the deposit, existence and accumulation of construction materials. Comment: A recent amendment to the State Code mandates that local governments must permit the placement of manufactured homes in agricultural zoning districts subject to development standards that are equivalent to those applicable to conventional, site-built, single- family dwellings within the same or equivalent zoning districts. The City's zoning ordinance needs to be revised for consistency with State law. Proposed Amendment: Section 36.1-25. Definitions. (Dwelling. page 2894.1) Recreate (2) to read as follows: (2) Mobile home: A structure, transportable in one or more sections, W~/~/~/~~/m~/~/~/~;/~/f~ ~lm~l~lW~l~lf~l~;l~lf~l~lm~l~ll~l~ ~/f~ not subject to federal regulations and constructed prior to June 15, 1976, ~/which is ~l~/~/~/~m~ ~ constructed on a chasis for towing to the point of use and designed to be used ~/~/~W~I~, with or without permanent foundation W~/~~/~/~/~/~~ ~~/~m~/~~/~, for continuous year-round occupancy as a single family dwelling when connected to the required utilities. Create (6) to read as follows: (6) Manufactured home: A structure, transportable in one or more sections, sub3ect to federal regulations and constructed after June 15, 1976, which is constructed on a chasis for towing to the point of use, and is not less than nineteen (19) feet in width when assembled, and is set up on a permanent foundation on an individual lot for continuous year-round occupancy as a single family dwelling when connected to the required utilities. Section 36.1-52. Permitted uses. Agricultural District. page 2903) (10) Manufactured home. (RA; Residential 4 Comment: Radio and television transmitters are currently not addressed in the zoning ordinance. Similar uses such as booster stations, relay stations and towers are permitted by right in the LM and HM districts. (10) Fire stations. (11) Police stations. Section 36.1-90. Special exception uses. Single Family District. page 2909) (13) Fire stations. (14) Police stations. Section 36.1-108. Special exception uses. Multifamily District. page 2912) (12) Fire stations. (13) Police stations. Section 36.1-127. Special exception uses. Multifamily District. page 2914) (8) Fire stations. (9) Police stations. 5 (RS-3, Residential (RM-1, Residential (RM-2, Residential Proposed Amendment(s): Section 36.1-249. Permitted uses. (LM District. page 2937) (26) Radio and television transmitters. Section 36.1-270. Permitted uses. (HM District. page 2941) (8) Radio and television transmitters. 9. Comment: The City Attorney's office has requested that public schools, parks and playgrounds, fire stations, city utilities and other public facilities be permitted by right in any zoning district. Currently,many of these facilities are not permitted in all zoning districts and only by special exception in other zoning districts. Proposed Amendment(s): Section 36.1-72. Special exception uses. (RS-1 and RS-2, Residential Single Family Districts. page 2906) (10) Elementary and secondary schools. Section 36.1-146. Special exception uses. (RM-3 and RM-4, Residential Multifamily Districts. page 2917) (5) Elementary and secondary schools. (6) Fire stations. (7) Police stations. 10. Comment: Fee for review of comprehensive development plan ($50 per acre) was last revised as part of the comprehensive update to the City's zoning ordinance adopted by City Council in April 1987. User Fee Study conducted by David M. Griffith and Associates, Ltd., in 1990, indicated average cost of staff review is $717 per acre. Planning staff is recommending fee be increased to $100 per acre to offset a greater percentage of the costs incurred by the City in processing such requests. Proposed Amendment(s): Section 36.1-710. Fees generally. (page 3046) (d)(3) Comprehensive development plan review $~ 100.00 per acre. 11. Comment: Current zoning ordinance contains no criteria stipulating that comprehensive development plans be professionally prepared. Planning staff is requesting authority to require that comprehensive development plans be prepared by a licensed engineer, architect, land surveyor or landscape architect. Proposed amendment(s): Section 36.1-576. Submission procedures; comprehensive development plan. (page 3016) (d) The a~ent may require that a comprehensive development plan be prepared by an engineer, architect, land surveyor, or landscape architect who is licensed by the Commonwealth of Virginia. 12. Comment: There have been a number of inquiries made by local churches to install columbariums. The planning staff is requesting that this use be allowed in conjunction with a place of worship. 6 Proposed amendment(s): Section 36.1-52. Permitted uses. 2903) for RA district, page (3) Churches synagogues and other places of worship~ including accessory columbariums. Section 36.1-71. Permitted uses. districts, page 2906) for RS-1 and RS-2 (4) Churches synagogues and other places of worshipz including accessory columbariums. Section 36.1-89. Permitted uses. 2909) for RS-3 district, page (4) Churches, synagogues and other places of worshipz including accessory columbariums. Section 36.1-107. Permitted uses. 2911) (for RM-1 district, page (5) Churches synagogues and other places of worship~ including accessory Columbariums. Section 36.1-126. Permitted uses. 2914) (for RM-2 district, page (7) Churches synagogues and other places of worship~ including accessory columbariums. Section 36.1-164. Permitted uses. 2919) (for CN district, page (7) Churches synagogues and other places of worshipz including accessory columbariums. Section 36.1-185. Permitted uses. (for C-1 district, page 2924) (11) Church, synagogues and other places of worship, including accessory columbariums. Section 36.1-206. Permitted uses. (for C-2 district, page 2927) (7) Churches, synagogues and other places of worshipz including accessory columbariums. Section 36.1-227. Permitted uses. (for C-3 district, page 2933) (8) Churches, synagogues and other places of worshipz including accessory columbariums. 7 13. Comment: Zoning ordinance regulations regarding the parking of commercial vehicles in residential districts needed to conform to the provisions of the City's motor vehicle and traffic code. Proposed amendment(s): Section 36.1-435. Parking of commercial vehicles. (page 2992) (a) No commercial vehicle II~l~l~l~m~I~II~I~I~ ~1~1~1~ exceeding three-quarter (3~4) ton gross weight~/~/~/~/~m~/~~ shall be ~mi~/~/~E/~~/ parked or left standing in a residential district for more than two (2) hours at any time except for: (1) School buses and emergency vehicles; (2) Vehicles being loaded or unloaded; (3) Vehicles belonging to or used by the occupant of a business premises, when the premises constitute a lawfully existing use~ (4) Vehicles, the occupants of which are actually engaged in work on the premises~ and (5) Vehicles being used in connection with utility or street work. 14. Comment: Definitions of "fast food restaurant" and "restaurant" in light of the inconsistency of the two definitions. Proposed Amendment(s): Section 36.1-25. Definitions. (page 2892) Fast food restaurant: a/~~ An establishment ~f/f~/~/~/m~/~~/~f/~/~~/~/W~ engaged in the preparation of food ~ intended to be consumed primarily off the premises which includes take-out or delivery service ~ff~/~/~/f~/~/l~/~/~/~~/~/f~/f~ ~~ or a drive-through window as a major component of its operation. Restaurant: An establishment ~l~ engaged in preparing and serving food and beverages for consumption primarily on 8 the premises which may include take-out service W~ o__r a drive-through window//fS~/f~/f~/~~; as an incidental component of its operation. 15. Comment: A number of zoning enforcement problems have resulted in part due to an overlap between the definitions of "boarding house or rooming house" and "hotel, motel, or inn." Proposed amendment(s): Section 36.1-25. Definitions. (page 2892) Boarding or rooming house: A building or portion thereof, W~ which no more than six (6) ~m~ persons ~/~ reside for compensation on a weekly ~zmonthly or longer basis. ~/W~/~ Such persons may share common kitchen or bathroom facilities. Hotel, motel, or inn: An establishment primarily engaged in the rental of ~/~/~/f~; rooms to seven (7) persons or more on a daily, weekly, monthly or longer basis. 9 .aD NUMBER - 72q. 0155'~ RECEIVED PUBLISHER'S FEE- s2oo~C[,~T:*-5 ;'~F'~r'r, '91 AUG 12 P2:04 CITY OF ROANOKE C/C MARY F PARKER CITY CLERKS OFFICE ROOM ~56 MUNICIPAL BLO~ ROANOKE VA 2~011 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT CF PUBLICATION It {THE UNDERSIGNED) AN AUTHORIZED REPRESENTATIVE CF THE TIMES-wORLD COR. PORATiON~ mHICH CORPORATION IS PUBLISHER DF THE ROANOKE TIMES ~ WCRLD-NEWS, A DAILY NEWSPAPER PUBLISHED IN ROANOKE~ IN THE STATE OF VIRGINIA~ DC CERTIFY THAT THE ANNEXED NOTICE ~AS PUBLISHED iN SAID NEWSPAPERS ON THE F£LLOmING DATES 07/26/91 MORNING ~ EVENING 08/02/91 MORNING & EVEI~ING nl¢lPlll BuN~iI~ 41tl~l~!m°r, il5 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of §15.1-431, Code of Virginia (1950), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, August 12, 1991, at 7:30 p.m., or as soon after as the matter may be heard, in the Council Chamber in the Municipal Building, 4th Floor, 215 Church Avenue, S. W., in order to consider amendments and revisions of Chapter 36.1, Zoning, Code of the City of Roanoke (1950), as amended. The proposed amendments would revise the following sections of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1950), as amended: Section 36.1-691; Section 36.1-25; Section 36.1-270; Section 36.1-531; Section 36.1-690; Section 36.1-412; Section 36.1-52; Section 36.1-249; Section 36.1-72; Section 36.1-90; Section 36.1-108; Section 36.1-127; Section 36.1-146; Section 36.1-710; Section 36.1-576; Section 36.1-71, Section 36.1-89; Section 36.1-107; Section 36.1-126; Section 36.1-164; Section 36.1-185; Section 36.1-206; Section 36.1-227; and Section 36.1-435, the proposed amendments relating to notice of a hearing held by the Planning Commission, the definition of a family, bus depots, accessory structures, general authority and procedure for amendments to code, temporary construction dumpsters, mobile homes and manufactured homes and such homes as permitted uses in an RA, Residential Agricultural District, radio and television transmitters as permitted uses in the LM, Light Manufacturing District, and the HM, Heavy Manufacturing District, fire stations, police stations and elementary and secondary schools as permitted uses by special exception in residential districts, the fee for review of a comprehensive development plan, submission procedures for comprehensive development plans, accessory columbariums with churches, synagogues and other places of worship, the parking of commercial vehicles, the definition of a fast food restaurant and a restaurant, and the definition of a boarding or rooming house and a hotel, motel or inn. A copy of said proposed amendments is available for review in the Office of the City Clerk, Room 456, Municipal Building. Questions about the content of the proposed regulations should be directed to the Office of Community Planning, 981-2344. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 24th day of July , 1991. Mary F. Parker, City Clerk Please publish in full twice in the Roanoke Times & World News, Morning Edition, once on Friday, July 26, 1991, and once on Friday, August 2, 1991. Please send publisher's affidavit and bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal 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, Virginia 24011 Telephone: (703)981-2541 August 28, 1991 File #132-228 SANDRA H. EAKIN Deputy City Clerk The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I am enclosing copy of Resolution No. 30687-82691 cancelling the regularly scheduled meeting of City Council on Monday, December 16, 1991, inasmuch as a majority of the Members of Council will be in attendance at the National League of Cities Conference to be held on December 12 - 16, 1991. Resolution No. 30687-82691 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 26, 1991. Sincerely, ~_._ Mary F. Parker, CMC/AAE City Clerk MFP: ra Enc. pc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Sehlanger, Director of Finance Mr. Robert H. Byrd, Municipal Auditor Ms. Nadine C. Minnix, Acting Director of Real Estate Valuation Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. James D. Ritchie, Director of Human Resources Mr. George C. Snead, Jr., Director of Administration and Public Safety IN THE COUNCIL OF THE CITY OF ROANOKE, The 26th Day of August, 1991. No. 30687-82691. VIRGINIA, A RESOLUTION cancelling the regularly scheduled meeting of City Council on December 16, 1991. WHEREAS, a majority of the members of City Council will be in attendance at the National League of Cities Conference to be held December 12 through 16, 1991; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The regular meeting of City Council scheduled for Monday, December 16, 1991, is hereby cancelled. 2. The City Clerk shall take appropriate action to advise the public of the cancellation of such meeting. ATTEST: City Clerk. CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION YO: FROM: DATE: SUBJECT: Mr. ..ourn C. Dibi. g, Jr., Cit} .~ttorney Mary F. Parker, City Clerk August 12, 1991 Preparation of Resolutions Please prepare the appropriate measure for the August 26, 1991, Council meeting, cancelling the regularly scheduled meeting of the Council on Monday, December 16, 1991, inasmuch as the majority of Council will be attending the National League of Cities Conference to be held December 12 - 16, 1991, in Las Vegas, Nevada. Also, please prepare the appropriate measure designating Mayor Noel C. Taylor as the Voting Delegate and Vice-Mayor Howard E. Musser as the Alternate Voting Delegate for the Annual Business Meeting of the National League of Cities. MFP:ra MEMO3 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLE 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 August 28, 1991 File #169-467 SANDRA H. EAKIN Deput~ City Clerk My. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30690-82691 granting to The Jefferson Center Foundation a revocable license to enter the Jefferson High School building located at 540 Campbell Avenue, S. W., and adjacent property, for the purpose of performing preliminary architectural and engineering studies, upon certain terms and conditions. Ordinance No. 30690-82691 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 26, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra Ene o pc: The Honorable Beverly T. Fitzpatrick, Sr., Jefferson Center Foundation, 2425 Nottingham Road, S. E., Roanoke, Virginia 24014 Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Brian J. Wishneff, Chief of Economic Development Ms. Lauren G. Eib, Risk Management Officer IN THE COUNCIL OF THE CITY OF ROANOKE, The 26th Day of August, 1991. No. 30690-82691. VIRGINIA, AN ORDINANCE granting to Jefferson Center Foundation a revocable license to enter upon City property, for the purpose of performing preliminary architectural and engineering studies, upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Jefferson Center Foundation be granted a license, revocable at the option of the City, to enter the Jefferson High School Building located at 540 Campbell Avenue, S. W., and adjacent property for the of performing preliminary architectural and engineering purpose studies. 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, a license agreement for the above purpose with Jefferson Center Foundation, upon certain terms and conditions as are deemed appropriate by the City Manager and in accordance with the recommendations contained in the report of the City Manager dated August 26, 1991, said agreement to be in such form as is approved by the City Attorney. 3. In order to municipal government, ordinance shall be in provide for the usual daily operation of the an emergency is deemed to exist, and thls full force and effect upon its passage. ATTEST: City Clerk. CITY ~ ~ ~,~ '91 ,~26 /~0:48 August 26, 1991 Honorable Mayor and Members of City Council Roanoke, virginia Dear Members of Council: Subject: Revocable License Agreement providing right of entry to the Jefferson Center Foundation for the purpose of performing preliminary architectural and engineering work in the Jefferson High School building. I. Background: Jefferson Center Foundation has been working towards raising $2 million for renovation and development of Jefferson High School. Jefferson Center Foundation wishes to have an architectural and engineering firm begin preliminary work on design for the proposed rehabilitation of the building. In order to complete this architectural and engineering work access to the building is necessary. II. Issues: A. Timino B. Development of Jefferson High School III. Alternatives: Authorize City Manager to execute a Revocable License Agreement in a form acceptable to the city Attorney, allowing Jefferson Center Foundation to enter the city property (Jefferson High School building) for the purpose of preliminary architectural engineering work on the building. Timing is important in that access to the building is necessary in order to begin preliminary design. 2. Development of Jefferson High School is tied to the successful renovation of the building. IV. Do not authorize city Manager to execute a Revocable License Agreement for Jefferson Center Foundation. 1. Timin~ for the Jefferson High School development would be delayed. 2. Development of Jefferson Hiqh School would be delayed. Recommendation: Recommend that city Council approve Alternative A authorizing the city Manager to execute a Revocable License Agreement allowing the Jefferson Center Foundation to enter city property (Jefferson High School) for the purpose of preliminary architectural and engineering work. Respectfully submitted: W. Robert Herbert City Manager WRH/BJW/eo cc: Earl Reynolds, Assistant city Manager Wilburn Dibling, city Attorney Joel schlanger, Director of Finance Brian Wishneff, Chief, Economic Development William Clark, Director of Public Works Lauren Eib, Risk Manager Honorable Beverly T. Fitzpatrick, Jefferson Foundation 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 August 28, 1991 File #27-66 SANDRA H. F-AKIN Deputy City Clerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of a communication from Ms. Renee' Evans, 4513 Old Mountain Road, N. E., with regard to a drainage ditch at the rear of her property which is in danger of caving in, which communication was before the Council of the City of Roanoke at a regular meeting held on Monday, August 16, 1991. On motion, duly seconded and adopted, the matter was referred to you for investigation and report to Council by the regular meeting on Monday, September 23, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra gne. pc: Ms. Renee' Evans, 4513 Old Mountain Road, N. E., Roanoke, Virginia 24019 Mr. William F. Clark, Director of Public Works