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HomeMy WebLinkAboutCouncil Actions 02-10-92(30867) REGUIAR WEEKLY SESSION ROANOKE CITY COUNCIL February 1 O, 1992 7:30 p.m. Call to Order Roll Call. All Present. (Council Member Harvey arrived at 8:25 p.m.) The Invocation was delivered by The Reverend H. Kelly Dampeer, Sr., Pastor, Oakland Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Noel C. Taylor. Ao BID OPENINGS Bids for installation of new electric service for Festival in the Park, Elmwood Park at Bullitt Avenue. Five bids were referral to a commiaee composed of Messrs. White, Chairperson, Clark and Sncad for tab-lafion, l~ort and recommendation to Council. PUBLIC HP. ARINGS Ao Co Public heating on the request of TMJ Parmership to amend a certain proffered condition to the rezoning of two parcels of land located on Hawthorne Road, N. W., described as Lots 4A and 5A, Map of Airlee Court, Official Tax Nos. 2190408 and 2190409, from RS-3, Residential Single-Family District, to RM-1, Residential Multi-Family, Low Density District. Mr. Donald L. Wetherington, Attorney. Adopted Ordinance No. 30867 on first reading. (5-1, Council Member White voted no and Council Member Harvey had not entered the meeting.) Public hearing on the request of Mr. Vincent A. Board that a tract of land located at 2401 Clifton Avenue, N. W., described as Lot 5, Block 1, Official Tax No. 2430434, be rezoned from RS-3, Residential Single-Family District, to RM-1, Residential Multi-Family, Low Density District, subject to certain conditions proffered by the petitioner. Ms. Anne V. Sprague, Attorney. Adopted Ordinance No. 30868 on first reading. (4-2, Vice- Mayor Musser and Council Member White voted no and Council Member Harvey had not entered the meeting.) At this point, 8:25 p.m., Council Member Harvey entered the meeting. Public heating on the request of the Wright-Creston-Rosewood Association to have Creston Avenue and Rosewood Avenue, S.W., rights-of-way barricaded by way of Ixaversable barricades across Creston Avenue at the intersection of Strother 2 C-1 Road and Creston Avenue, and across Rosewood Avenue southeast of its intersection with Sweetbriar Avenue, S. W., as well as consideration of additional traffic control measures. Mr. Gary W. Bowman, Attorney. Adoplexl Resolution No. 30869-021092. (7-0) Council concurred in the recommendation of the City Manager. Do Public hearing to consider an amendment to the Fiscal Year 1991-92 Community Development Block Grant budget and Statement of Objectives to the United States Department of Housing and Urban Development, by transferring funds to a new program which will provide downpayment and closing cost assistance to low and moderate income families city wide who purchase homes with FHA or VHDA mortgages. Mr. W. Robert Herbert, City Manager. Adopted Budget Ordinance No. 30870-021092 and Resolution No. 30871-021092. (7-0) CONSENT AGENDA (APPROVF. D 7-0) ALL MATFERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WIIJJ BE ENACTF. D BY ONE MOTION IN THE FORM LISTED BFJDW. 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. Minutes of the regular meetings of Council held on Monday, November 4, 1991; Monday, November 11, 1991; Monday, November 18, 1991; and Monday, November 25, 1991; and a meeting of the Personnel Committee of Roanoke City Council held on Monday, November 25, 1991. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. 3 C-2 A communication from Mayor Noel C. Taylor 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 request of Vice-Mayor Mussc~ for an Executive Session to discuss a personnel m_a_-_e.r, being the appointment of a specific public officer, pursnant to Section 2.1-344 (A)(1), Code of Vkginia (1950), as amended. REGULAR AGENDA 3. HEARING OF C1TIZENS UPON PUBLIC MATFERS: Request of the Citizens Task Force to Study Alternative Election Procedures to present an Interim Report. Ms. Jan Garrett, Vice- Chairperson. Council concurred in the recommendation of the Task Force that the study be altered to extend the schedule by one month, with the final recommendation to be submitted to Council on July 13 instead of June 8, 1992. Request to address Council with regard to pollution, city workers, and the homeless. Ms. Catherine Rutledge, Spokesperson. Received and filed. 4 4. PETITIONS AND COMMUNICATIONS: ae A communication from Mr. Harwell M. Darby, Jr., Attorney, representing the Industrial Development Authority of the City of Roanoke, requesting approval of a plan to assist Roanoke Memorial Hospitals, Community Hospital of Roanoke Valley, Bedford County Memorial Hospital, Giles Memorial Hospital, and Radford Community Hospital, in financing a portion of the costs of certain renovation projects, refunding certain prior bonds, funding a portion of the interest accruing on the bonds during acquisition and renovation of the Project, and funding certain expenses incurred in connection with authorization and issuance of the bonds, by issuance of not to exceed $60,000,000 aggregate principal amount of Hospital Revenue Bonds, Series 1992. Adopted Resolution No. 30872-021092. (5-0, Mayor Taylor and Council Member Bowles abstained from voting.) 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: 1. A report with regard to auto racing at Victory Stadium. Concurred in the recommendation. A report recommending execution of a contract with the Virginia Department of Health relating to operation of the local Health Department. Adopted Resolution No. 30873-021092. (7-0) 5 A report recommending authorization to execute Change Order No. 2, in the amount of $10,000.00, to the contract with Mattem and Craig, Inc., for engineering services in connection with construction of stormwater management facilities at Statesman Industrial Park; and transfer of funds therefor. bo Adopted Budget Ordinance No. 30874-021092 and Ordinance No. 30875-021092. (7-0) CITY ATTORNEY: A report relating to regulation of firearms and "Look-Alike" weapons. Adopted Ordinance No. 30876 on first reading. (7-0) Council Member Harvey requested that the City Attorney study fl~e maller of regulating the sale of "look-allke" weapons. CITY CLERK: 1. A report requesting that certain dates be established in connection with the selection process for School Board Trustees. (1) Monday, March 16, 1992, at 12:30 p.m. (2) Monday, March 23, 1992, at 2:00 p.m. (3) Monday, April 13, 1992, at 7:30 p.m. (4) Monday, April 20, 1992, at 2:00 p.m. (5) Tuesday, April 21, 1992, at 6:30 p.m. (6) Monday, May 11, 1992, at 7:30 p.m. 6. REPORTS OF COMMIIWEES: ao A report of the committee appointed to tabulate bids received for demolition of the structure and removal of asbestos containing material 6 at 416 Gainsboro Road, N. W., recommending award of a contract to Alan L. Amos, Inc., in the amount of $37,620.00; and appropriation of funds therefor. Council Member William White, Sr., Chairperson. Adopted Budget Ordinance No. 30877-021092 and Ordinance No. 30878-021092. (7-0) 7. UNFINISIqF~D BUSINESS: None. 8. INTRODUCTION AND CONSIDERATION ORDINANCES AND RESOLUTIONS: OF ao Ordinance No. 30859, on second reading, authorizing execution of Memoranda of Liens when Literary Fund loans are approved. Adopted Ordinance No. 30859-021092. (7-0) Ordinance No. 30862, on second reading, authorizing relocation of certain public utility easements at the Sewage Treatment Plant in connection with the Roanoke River Flood Reduction Project, upon certain terms and conditions. Adopted Ordinance No. 30862-021092. (7-0) Ordinance No. 30863, on second reading, authorizing execution of a certain agreement between the City and the Commonwealth of Virginia for installation of a carbon monoxide monitor on City property, upon certain terms and conditions. Adopted Ordinance No. 30863-021092. (7-0) Ordinance No. 30865, on second reading, authorizing renewal of the existing lease agreement between the City and the Blue Ridge Zoological Society of Virginia, Inc., for the Mill Mountain Zoo and 7 renewal of the existing agreement between the City, the Roanoke Jaycees, Inc., and the Blue Ridge Zoological Society of Virginia, Inc., for operation of the miniature railroad at the Zoo, upon certain terms and conditions. Adopted Ordinance No. 30865-021092. (7-0) 9. MOTIONS AND MISCELLANEOUS BUSINESS: ao Inquiries and/or comments by the Mayor and Members of City Council. Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTHER HEARINGS OF CITIZENS: CERTIFICATION OF EXEC~ SESSION. (7-0) Adopted Resolution No. 30879-021092 electing and appointing W'fllard N. Claytor as Director of Real Estate Valuation for the City of Roanoke, effective April 1, 1992, and establishing the terms and conditions of his employment. (7-0) 8 Office of the City Clerk February 13, 1992 File #67 Mr. William White, Sr., Chairperson ) Mr. WilLiam F. Clark ) Committee Mr. George C. Snead, Jr. ) Gentlemen: The following bids for installation of new electric service for Festival in the Park, Elmwood Park at Bullitt Avenue, were opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, February 10, 1992: BIDDER BASE BID Fischer Electrical Construction * Jarrett Electric Co., Inc. * Varney Electric Co., Inc. * Austin Electrical Construction, Inc. * Southeastern Electrical Contractors, Inc. $44,500.00 46,390.00 47,145.00 55,425.00 55,506.00 (*See alterations to bid form. ) 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: sw pc: Mr. Wilburn C. DibLing, Jr., City Attorney Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the Cily Clerk February 13, 1992 File #514 Mr. Gary M. Bowman, Attorney Martin, Hopkins, Lemon, and Edwards, P. C. P. O. Box 13366 Roanoke, Virginia 24033-3366 Dear Mr. Bowman: I am enclosing copy of Resolution No. 30869-021092 denying an application filed by and on behalf of the Wright-Creston-Rosewood Association to alter by traversable barricade Wright Road, Creston Avenue and Rosewood Avenue; endorsing the recommendation of the City Planning Commission relating to said application; and further directing the City Manager to implement certain traffic control measures. Resolution No. 30869-021092 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 10, 1992. On further motion, duly seconded and unanimously adopted, Council concurred in a recommendation of the City Manager contained in a report under date of February 10, 1992. Sincerely, MFP: sw Enc. pc: Mary F. Parker, CMC/AAE City Clerk Mr. Dennis R. Gatens, Co-President, Wright-Creston-Rosewood Association, 3548 Wright Road, S. W., Roanoke, Virginia 24015 Mr. Bradley T. Sneed, Co-President, Wright-Creston-Rosewood Association, First Campbell Square, 210 First Street, S. W., Suite 1(~0, Roanoke, Virginia 24011 Mr. and Mrs. Herman Scott, 2512 Creston Avenue, S. W., Roanoke, Virginia 24015 Ms. Tracy G. Callis, 2502 Creston Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Richard Vitullo, 2503 Creston Avenue, S. W., Roanoke, Virginia 24015 Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Mr. Gary M. Bowman February 13, 1992 Page 2 pc: Ms. Evelyn Brubaker-Life Estate, 2527 Creston Avenue, S. W. Roanoke, Virginia 24015 , Mr. and Mrs. Jesse Chapman, 2511 Creston Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. John Pauze, 2519 Creston Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Lister Ives, 3217 Colonial Avenue, S.W. Roanoke, Virginia 24015 , Mr. and Mrs. Hill R. Crockett, 3558 Wright Road, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Thomas Haynie, 3554 Wright Road, S.W. Roanoke, Virginia 24015 , Mr. and Mrs. Fred Miller, 3542 Wright Road, S.W. Roanoke, Virginia 24015 ' Mr. and Mrs. Walter Menefee, 3530 Wright Road, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Randall Larson, 3522 Wright Road, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Ray Byrd, Jr. 3512 Wright Road, S. W., Roanoke, Virginia 24015 ' Mr. and Mrs. William Watkins, 3527 Wright Road, S.W. Roanoke, Virginia 24015 , Mr. and Mrs. William Fortune, 3545 Wright Road, S. W., Roanoke, Virginia 24015 Mr. and Mrs. William H. Martin, 3519 Wright Road, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Scott Whitaker, 3588 Wright Road, S. W., Roanoke, Virginia 24015 Ms. Ora Smith, 3571 Wright Road, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Emmett Maniey, 3574 Wright Road, S. W., Roanoke, Virgini~ 24O15 Mr. and Mrs. Michael Stanley, 3561 Wright Road, S. W., Roanoke, Virginia 24015 Ms. Beverly Bury, 3566 Wright Road, S. W., Roanoke, Virginia 24015 Mr. Thomas Mark Vance, 3536 Wright Road, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Thomas Cook, 3583 Wright Road, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Mark Mailen, 2606 Creston Avenue, S. W., Roanoke, Virginia 24015 Ms. Penny Haworth, 2597 Creston Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Rodman Moeller, 2623 Creston Avenue, S.W. Roanoke, Virginia 24015 , Ms. Pauline S. Tancredi and Mr. Charles E. Wall, 2617 Creston Avenue, S. W. Roanoke, Virginia 24015 Mr. C. W. R. Benson, P. O. Box 4103, Roanoke, Virginia 24015 Mr. James Ramseur and Mr. Roy Ramseur, 2641 Creston Avenue, S. W., Roanoke, Virginia 24015 Ms. Claire S. White, 2651 Creston Avenue, S. W., Roanoke, Virginia 24015 Ms. Verity Callender-Briggs, 2750 Creston Avenue, S. W., Roanoke, Virginia 24015 Mr. Gary M. Bowman February 13, 1992 Page 3 pc; Ms. Mary Stevenson, 2602 Creston Avenue, S. W., Roanoke, Vir ~nia 24015 Mr. and Mrs. James Johnston, 2631 Creston Avenue, S. W., Roanoke, Virginia 24015 Mr. John Lane, 2725 Creston Avenue, S. W., Roanoke, Virginia 24015 Mr. Jackson Dickerson, 2605 Creston Avenue, S. W., Roanoke, Virginia 24015 Ms. Betty Morgan, 2736 Creston Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. James Wright, 3904 Holloweli Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Steve Wilcher, 2908 Holiowell Avenue, S. W., Roanoke, Virginia 24015 Mr. Richard McGimsey and Mr. Joseph Treadway, 1633 Persinger Road, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Dennis Poindexter, 2916 Holloweli Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Richard Robertson, 2920 Holiowell Avenue, S. W., Roanoke, Virginia 24015 Mr. Kevin Glasgow, 2929 Hollowe[l Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. James Guilliams, 2928 Holloweli Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Norman Hundley, 2932 Hollowell Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Eric Cunningham, 2936 Holloweli Avenue, S. W., Roanoke, Virginia 24015 Mr. Dennis R. LeMaster, 2940 Hollowe[l Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Tipper Kelley, 2927 Hollowe[l Avenue, S. W., Roanoke, Virginia 24015 Ms. Patricia Fox, 2923 Holloweli Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Thomas Perdue, 5710 Roselawn Road, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Paul Childress, 2915 Hollowell Avenue, S. W., Roanoke, Virginia 24015 Mr. David Lunsford, 2911 Holiowe[l Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. James Hundley, 2907 Ho[lowell Avenue, S. W., Roanoke, Virginia 24015 Mr. Dale Brunk, 2124 Balboa Road, Raleigh, North Carolina 27529 Ms. Elsie R. Rinehart, 2803 Hollowell Avenue, S. W., Roanoke, Virginia 24015 Ms. Bernice G. Weston, 3626 Spring Road, S. W., Roanoke, Virginia 24015 Ms. Elizabeth H. Via, 2711 Spring Road, S. W., Roanoke, Virginia 24015 Ms. Margaret E. Davis, 2725 Spring Road, S. W., Roanoke, Virginia 24015 Ms. Dorothy C. Stanley, 2804 Sweetbrier Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Richard Dearing, 2126 Winston Avenue, S. W., Roanoke, Virginia 24014 Ms. Valerie Morris and Mr. Don Morris, 33 Point Pleasant Avenue, Salem, Virginia 24153 Mr. and Mrs. Steven Hoke, 2902 Sweetbriar Avenue, S. 9/., Roanoke, Virginia 24015 Mr. Gary M. Bowman, Attorney February 13, 1992 Page 4 pc: Ms. Evangeline F. Burton, 2906 Sweetbriar Avenue, S. W. Roan~,ke, Virginia 24015 , Mr. W. Robert Herbert, City Manager The Honorable Jerome S. Howard, Jr., Commissioner of Revenue Ms. Nadine C. Minnix, Acting Director of Real Estate Valuation Mr. Charles A. Price, Jr., Chairperson, City Planning Commission Mr. L. Elwood Norris, Chairperson, Board of Zoning Appeals Mr. William F. Clark, Director, Public Works Mr. Kit B. Kiser, Director, Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Milier, Building Commissioner/Zoning Administrator Mr. John R. Marlles, Chief, Community Planning Mr. Edward R. Tucker, City Planner Ms. Doris Layne, Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th Day of February, 1992. No. 30869-021092. A RESOLUTION denying an Application filed by and on behalf of the Wright-Creston-Rosewood Association to alter by traversable barricade Wright Road, Creston Avenue and Rosewood Avenue, and endorsing the recommendation of the Planning Commission relating to said Application, and directing the City Manager to act in accordance with the said recommendation. BE IT RESOLVED by the Council of the City of Roanoke that the Application filed by and on behalf of the Wright-Creston-Rosewood Association to alter by traversable barricade Wright Road, Creston Avenue and Rosewood Avenue, be denied; BE IT FURTHER RESOLVED that the traffic control measures recommended by the Planning Commission in its report dated February 10, 1992, to City Council be endorsed by City Council and that the City Manager be directed to implement said traffic control measures, as set forth in said report. ATTEST: City Clerk. Honorable Mayor and Members of City Council Roanoke, Virginia Roanoke, Virginia February 10, 1992 Dear Mayor and Members of City Council: SUBJECT: WRIGHT ROAD, CRESTON AVENUE, AND ROSEWOOD AVENUE, S.W. TRAFFIC STUDY I. Background: Neighborhood residents along Wright Road, S.W. initiated meetings with City staff in 1989 and 1990 to discuss the possibility of street closure along the Wright Road, Creston Avenue, and Rosewood Avenue, S.W. corridor due to problems they perceived with through traffic volumes and vehicle speeds. Traffic studies by the City Engineering Department resulted in the denial of the neighborhood's request to barricade streets. Attached letter dated November 28, 1990 describes the studies and information that led to this conclusion at that time. Planning Commission, on July 3, 1991, reviewed an application from the Wright, Creston, Rosewood Associa- tion, to close Creston and Rosewood Avenues, S.W. The Commission, after due deliberation, recommended that City Council deny the request for closure and further recommended that Council refer the matter back to the Commission for study, report and recommendation on alternative strategies to reduce excessive traffic in this and other residential communities within the City. II. Current Situation: City Council, on August 12, 1991, tabled the applicant's request for closure and concurred in the Planning Commission's recommendation to refer the matter back to the Planning Commission and the City Manager for such study, report and recommendation within a period of six months or less. Roanoke City Planning Commission report, which is also submitted to Council in the agenda for this meeting, makes certain recommendations that evolved from a neighborhood involvement process. In accordance with Section 20-7 (a), (b), (e) and (f) of the Code of the City of Roanoke (1979), as amended, the recommendations that the Commission proposes, and those that this report will propose, are strictly within the powers of the City Manager. Mayor and Members of Council RE: Wright Road, Creston Avenue, Rosewood Avenue, S.W. Page 2 III. Issues: A. Protection and preservation of the residential community. B. Emergency response. C. Inconvenience to the qeneral public. D. Inconvenience to community residents. E. Costs. F. Timinq. IV. Alternatives: City Council deny the applicant's request for permanent closure of Creston and Rosewood Avenues, S.W., and receive and file the traffic control measures specified in Addendum "A". Protection and preservation of the residential community would be enhanced to the extent that the proposed traffic control measures reduce traffic volume and speed. 2. Emerqency response by police, fire, and emergency services will not be impeded. Inconvenience to the general public that travels through this neighborhood will likely increase due to proposed traffic control measures. Inconvenience to community residents, which will likely result from proposed traffic control mea- sures, has received support of the majority of residents. Costs associated with proposed traffic control measures in the neighborhood can be funded from Street Maintenance Department's operating budget. Cost for signalization at the Overland Road/ Colonial Avenue intersection can be funded from uncommitted funds in Account No. 001-052-4120-2010. The preliminary estimate for this traffic signal is $100~000. Mayor and Members of Council RE: Wright Road, Creston Avenue, Rosewood Avenue, S.W. Page 3 Timing for implementation of traffic control mea- sures is dependent upon the end of winter weather conditions, and is therefore expected to be com- pleted in the March/April timeframe. Traffic sig- nalization at Colonial & Overland is estimated to require 6 to 9 months before it can be made opera- tional. City Council approve the applicant's request for perma- nent closure of Creston and Rosewood Ave., S.W. Protection and preservation of the residential community would likely result due to the elimina- tion of through traffic. However, permanent clo- sure would likely result in a prolonged and contin- ued controversy within the community. Emerqency response times would likely increase for the Police Department. Fire Department and Emer- gency Services has no objection to street closure if acceptable traversable barriers are used. Inconvenience to the qeneral public would be maxi- mized. Alternate routes would need to be used, including Overland Road between Colonial and Bramb- leton Avenues and neighborhood streets in Roanoke County. Inconvenience to community residents would not be supported by many of the residents within the com- munity. Costs associated with the construction of two (2) barricades and public turnarounds can be funded from the Street Maintenance Department's operating budget. Timinq is dependent upon the end of winter weather conditions, and would likely be completed in the March/April timeframe. Mayor and Members of Council RE: Wright Road, Creston Avenue, Rosewood Avenue, S.W. Page 4 City Council deny the applicant's request for permanent closure of Creston and Rosewood Avenues, S.W., and further recommend that Wright Road, Creston and Rose- wood Avenues be upgraded to a design that accommodates the through traffic. 1. Protection and preservation of the residential community would not be enhanced. 2. Emergency response by police, fire, and emergency services would not be affected. Inconvenience to the qeneral public would not be an issue. Inconvenience to the community residents would increase to the extent that traffic volumes might grow. Costs for widening/realignment/regrading would be substantial (range from $200,000 to $350,000), with no known funding source available. 6. Timing would likely require 6 to 9 months to com- plete. V. Recommendation: City Council deny the applicant's request for permanent closure of Creston and Rosewood Avenues, S.W., and receive and file the traffic control measures specified in Addendum Respectfully, W. Robert Herbert City Manager WRH/RKB/fm Mayor and Members of Council RE: Wright Road, Creston Avenue, Rosewood Avenue, S.W. Page 5 Attachments: Letter - November 28, 1990 Addendum A cc: City Attorney Director of Finance Director of Public Works Director of Administration & Public Safety City Engineer Attorney for the Petitioner Office of the Ci'h¢ Er~g~r'eer November 28, 1990 Mr. Dennis R. Gatens 3548 Wright Road, S.W. Roanoke, VA 24015 Dear Mr. Gatens: The City of Roanoke has completed its comprehensive study of Wright Road, Creston Avenue, and Rosewood Avenue, S.W. as petitioned by residents of that area. The petition indicated strong support from the immediate neighborhood for a traffic study to examine the feasibility of closing Wright Road to through traf- fic between Brambleton Avenue and Colonial Avenue. Subsequent to the petition, you informed us that residents of the dead-end segment of Creston Avenue will oppose the closure of Wright Road at Creston Avenue inasmuch as they desire to retain access to Colonial Avenue. Therefore, you amended your request by asking us to review one barricade at Creston and Rosewood Avenues and another at Strother Road. For the purposes of the study, both scenarios were considered. In order for a roadway to be a good candidate for closure, it should have a reasonable alternative route to serve the relocated traffic, as well as be able to maintain acceptable emergency response times so as not to place the neigh- borhood and surrounding community at greater risk during an emergency. Therefore, the appropriateness of barricading a roadway considers more than just the issue of through traffic. STUDY SUMMARY The study of Wright Road included a review of traffic volumes, speed studies accident analysis, and impact on emergency services. The following information sum~m~rizes these study items: Average daily traffic (ADT) recorded on each segment of the corridor reveal the following: 7-day ADT Week-day ADT Wrlgh: Road 2,665 2,799 Creston Avenue 2,333 2,448 Rosewood Avenue 2,194 2,315 Room 350 Municipal Building 2t5 Church Avenue S W ;oano~(e, 'v'irg,ni~ 240! ~ (703] g8'f-273 ~ Dennis R. Gatens November 28, 1990 Page 2 Speed study of traffic on Wright Road revealed that the 85th percsn- tile speed (the speed below which 85 percent of these vehicles travel for that particular location) was 30 m.p.h, for northbound vehicles and 33 m.p.h, for southbound vehicles. The 85th percentile speed is often recognized as the basis of posting speed limits unless circum- stances indicate otherwise. (The average speeds were 27 m.p.h, and 29 m.p.h., respectively for northbound and southbound vehicles.) A speed limit of 25 m.p.h, is posted. Accident analysis of the four intersections along this corridor indi- cates the following: Intersection Colonial/Wright Wright/Creston Creston/Rosewood Rosewood/Brambleton 1987 1988 1989 1990 (first six months) 0 0 0 0 0 1 l 0 1 2 3 0 5 3 3 2 The only intersection where injuries resulted from these reported accidents occurred at Rosewood/Brambleton where five (5) injuries occurred. Emergency services response times are significantly impacted by a closure of this roadway corridor. From the Fire Department, we have learned that Number 7 Engine and Number 7 Ladder (located at 1742 Memorial Avenue) would respond to the Wright Road/Creston Avenue area and are currently responding in approximately seven (7) minutes. If Wright Road at Creston Avenue was blocked and an alternative route chosen, an additional two <2) minutes would be added to the present response time of seven (7) minutes making the new response to Wright Road and beyond, nine (9) minutes. When using the alternate route to Wright Road, emergency fire appara- tus would have to go by two schools - James Madison and Virginia Western Community College and at certain times of the day this would add extra minutes to the nine (9) minute response time if the inci- dent would occur when school was letting out and a 15 mile per hour school zone is encountered. Dennis R. Gatens November 28, 1990 Page 3 Police Department responses would vary depending upon the location of patrol vehicles at any particular instant. As an example, a vehicle on Brambletou Avenue near the intersection with Rosewood Avenue would only need to travel approximately 0.5 mile from Srambleton to Colonial using Rosewood/Creston/Wright. However, if barricaded, response using Brambleton/Overland/Colonial would travel approximately 2.2 miles to get to Wright Road, while response using Rrambleton/View/Poplar! Colonial would travel 2.3 miles. In either alternative, valuable minutes are added to the response time. At prevailing speeds, travel time of 3.0 to 3.5 minutes are added. Response time speeds would be somewhat less, but the additioual time would still be critical. It should be noted that these response times are critical not only to the residents of your immediate neighborhood, but Co area residents as well. Residents of Robyn Road, Hartland Road (and others in that sub- division), and the Windward Condominiums off Ogden Road rely on emergency access which may need to pass through your neighborhood. CONCLUSION While the observed vehicle speeds and reported accidents are comparable to many other neighborhood streets throughout the City, the traffic vol,~,e is rela- tively high. It is perfectly understandable that such volumes are objectionable to the residents. However, it is clear that the impact upon emergency response times bears the greatest concern. Therefore, the trade-off between reduced traffic for increased emergency response time simply does not result in a net benefit to the community. Additionally, much of the relocated traffic is likely to pass through the school corridor on both Colonial Avenue and Overland Road. Also, from a technical perspective, the cul-de-sac placement at Creston and Rosewood Avenue creates a problem. ThaC is, in the closure plan preferred by the Creston Avenue group which requires the dedication of private property for a cul-de-sac at Creston and Rosewood Avenues, it would be undesirable to have the turnaround located on a 13Z grade. OTHER ALTERNATIVES In an effort to determine if certain turn restrictions would help reduce traffic volume, we requested the Virginia Department of Transportation Co study left turn restrictions from Colonial Avenue onto Wright Road (due to intersec- tion actually being In Roanoke County). However, the absence of any reported accidents at this intersection during the iasc three years was enough to cause VDOT Co have serious reservations about restricting this turn. Consequently, VDOT denied this request. Dennis R. Gatene November 28, 1990 Page 4 The City considered ocher turn restrictions throughout the neighborhood, but due to the logistics of the existing street pattern, we could not identify a workable turn restriction plan. Further, our experience with trying turn re- strictions in other neighborhoods indicates that considerable organized opposi- tion will likely result when motorists are forced to seek alternative routes. RECOMMENDATIONS While we cannot approve this street closure nor the turn restriction, we believe that we can make a reasonable effort to enhance the safety of the existing Wright/Creston/Rosewood route. We propose the following traffic system management improvements: Roughen the pavement surface of southbound Rosewood Avenue as it approaches Creston Avenue for improved skid resistance. This could help to reduce accidents at chis location. Five of the six accidents reported aC chis intersection were associated with vehicles sliding on wet pavement as they crested the hill in this curve. Paint solid white edgeliues along this route to help define the pave- ment edge. This may also serve to "psychologically" narrow the available pavement width which could subsequently cause motorists to reduce their speed. Install a Stop sign and paint a Stop bar on the pavement for eastbound CresCon Avenue motorists at Rosewood Avenue. This would assign the right-of-way to motorists ascending the steep grade of Rosewood Avenue and allow them to turn left into Creston Avenue without having to stop on the steep grade. While stop signs are not to be installed to reduce speed, such may be a side effect from this sign. We regret that we are not able to fulfill your neighborhood's request. We are prepared to implement the recommended measures as soon as weather conditions and contracted work allows (therefore these iCems may not be completed un:il mid-1991). Dennis R. Gatens November 28, 1990 Page 5 Please contact us with any questions you may have concerning this information. Sincerely, Robert K. Beng Traffic Engineer RKBVfm cc: Beverly T. Fitzpatrick, Jr., City Council Member W. Robert Herbert, City Manager William F. Clark, Director of Public Works George C. Snead, Director of Administration and Public Safe~y M. David Hooper, Chief of Police Raleigh W. Quarles, Chief of Fire Department John Ro Marlles, Chief of Community Planning Charles M. Huffine, P.E., City Engineer Wanda B. Reed, Coordinator, Emergency Services Chauncey L. Logan, Director of School Transpor~ation ADDENDUM A Recommended Traffic Control Neasures The traffic control measures as recommended herein are intended for the purpose of reducing the overall volume and speed of "cut- through" traffic passing through the Wright Road/Creston and Rosewood Avenues, S.W. community on an average day. This cut- through traffic has been estimated by the City Traffic Engineer at 1,800 vehicles per day. The goal of these recommended traffic control measures is to reduce the current and estimated volume of cut-through traffic by approximately 35% of the current and existing cut-through traffic volume. Traffic counts will be initiated after completion of all traffic control measures (with the exception of the traffic signal at Colonial & Overland which will require 6 to 9 months to com- plete). Studies and counts will be implemented according to the following schedule: Follow-up Study Schedule A. Existing traffic level will be documented prior to the installation of traffic control measures. B. Traffic counts will be taken again approximately 6 weeks after the date of the street opening. Ce Efficiency studies and traffic counts will follow at the end of each six month period for a total study period of 18 months. If follow-up studies and traffic counts verify that the pre- existing level and volume of cut-through traffic has been reduced by approximately 35% of such level or volume, the recommended traffic control measures will be acknowledged as achieving the study objective of reducing excessive traffic to a more restric- tive and acceptable level within the community. During the course of the follow-up studies, or upon their comple- tion, if vehicular speeds on specific streets are still perceived to be a problem, it should be addressed by further consideration of the implementation of contingency measures combined with continued police enforcement of the posted speed limit. If the effectiveness and efficiency of a traffic control measure or measures is determined to be inadequate or if such measure is determined to be unsafe or hazardous, it shall be removed promptly and without hesitation. Recommended Measures A. Street desiqn chanqe Realign the intersection of Wright Road at Creston Avenue and the intersection of Rosewood at Creston, to re-estab- lish their original "T" configurations. Realignment of the intersection of Rosewood and Sweet- briar Avenues, subject to availability of right-of-way, to reduce the offset on Sweetbriar Avenue. 3. Realignment of private driveways, if and as necessitated, by street realignment. B. Stop siqn installation Install new stop signs at these newly aligned intersec- tions. This will include a stop sign on Creston Avenue for traffic turning left from Creston onto Rosewood. 2. Install stop signs on Rosewood at its intersection with Sweetbriar Avenue. Install stop signs on Strother Road at its intersection with Sweetbriar; and at the intersection of Sweetbriar and Spring. C. Pedestrian Safety 1. Install a crosswalk across Rosewood Avenue at its inter- section with Sweetbriar Avenue. Install additional slgnage to promote increased awareness of pedestrians at this intersection, as well as other appropriate signage to warn motorists of other street design changes. D. Street Imaqe/Alteratton Paint white lines at the outer edges of the pavement, along the entire street system of Wright Road, Creston and Rosewood Avenues. Upon repaving these three streets in some future year, the centerline will be replaced as a single-yellow line as opposed to the existing double-yellow line. E. Public Safety Score or "roughen" the pavement of steep sections of Rosewood (completed) and Strother Avenues to increase traction in inclement weather of ice and/or snow. Remove visibility obstacles such as trees, limbs, bushes, etc., from the necessary sight line of the street system. F. Enforcement/Speed Limit Maintain the schedule of police enforcement of the existing speed limit. Schedule should be coordinated with the imple- mentation process and follow-up studies to be conducted by the City. G. Improvements at Overland Road~ S.W. Install traffic signalization at the intersection of Overland Road with Colonial Avenue. Based upon prior experience, design time, procurement of parts and materials, and con- struction will require approximately 6 to 9 months to com- plete and place this traffic signal into operation. H. Follow-up Studies City is to make follow-up studies to determine the overall effect and efficiency of all traffic control measures. I. Ad~ustments/Continqencies In the event that such follow-up studies verify that the recommended control measures have not significantly reduced the traffic volume and the frequency of speeding by cut- through traffic, it may be necessary for one or more of the following contingency measures to be implemented: Contingency Measures 1. Traffic chokers on Wright Road in accordance with stan- dards and regulations of VDOT. 2. One-way street designation on Wright Road or other selected streets. 3. Follow-up studies to be made by the City on any installed contingency measure. City to notify residents at least two (2) weeks prior to the implementation or installation of any contingency measure. Any and all structures or devices installed as a part of the recommended Traffic Control measures or as subsequent contingen- cies, should be regarded as "Temporary" structures. Traffic control structures and/or devices will not be constructed in final form or designed for compatibility, until all follow-up studies have been completed and analyzed and the operation of such structures has been verified as acceptable and satisfactory Traffic Control measures. February 7, 1992 Mr. W. Robert Herbert, City Manager Rev. Noel C. Taylor, Mayor Mr. David A. Bowers, Member - City Council Mr. Beverly Fitzpatrick - City Council Mrs. Elizabeth Bowles, Member - City Council Mr. James D. Harvey, Member - City Council Mr. Howard E. Musser, Member - City Council Mr. William White, Member - City Council SUBJECT: Petition to Close WrightJCreston/Rosewood Roads Dear Members of City Council: On Monday February 10th the issue of the Petition to Close the above stated roads will come up before you once again for a vote. Mr. Tucker has done an excellent study of the situation and given his recommendation to the Planning Commission. I believe it is a very workable recommendation and the only thing I would add would be to DENY the original Petition filed on June 12, 1991 which requested permanent closure of the road. Mr. Tucker and the Planning Commission recommended DENIAL on July 3, 1991 but the Petition was referred back to Mr. Tucker for a period of six months for further study at the request of the petitioners. At this point in time all things remain the same and a similar decision should be made on February 10th, and that would be to DENY the Petition for closure and accept and implement Mr. Tucker's recommendation Alternative A. I believe all the residents would find his recommendation satisfactory. I would not like to see this petition remain an open issue for the next two Bonnie Pauze 2519 Creston Avenue SW Roanoke 24015 989-5440 Planners don't think closiog road is right By JOEL TURNER " If thc Roanoke Plamiing Corn: mission j~ets its way, the requested barricading of streets to prevent a shortcut between Bmmbleton and Colonial avenues will be denied. · The' "-cbmmi~sion Voted · Wednesday to recommend that a series of traffic-control meashres be implemented to' reduce traffic in [ the neighborhood, instead of clos- ing off Wright Road, Creston Ave- nue and Rosewood Avenue South- west. The commission's. recommen- dation will go to City Council next week for a final decision. ' . The measures include the re-' alignment of tWo intersections, in; stallation of stop signs, new pave* e merit markings, pedestrian crosswalks and tighter speed-limit Creston's intersections ~vith Wrigh[ and Rosewood would be re- aligned to their original "T" config- uration. ,The intersections are rounded now, making it easy for vehicles to pass through without stopping. ' tions of Rosewood and Strother ay- enues also Would be roughened to i,ncrease t~CiiOn 0~ ice' Or snow. The street-baxricading request by Wright Road residents has split the neighborhood because many residents on Creston and other nearby streets oppose it. At Wednesday's public hear- ing, several Creston Avenue resi- dents urged the commission to ap- prove the traffic-cuntrol measures instead of hanicading the streets. The commission made one change in the planning staff's rec- ommendation. Wright Road would not be closed to traffic while city street crews realign the intersec- tions and install the other traffic controls. City traffic engineers say that 1,800 vehicles use the shortcut dai- ly. Staff planners estimate that the control measures would reduce through traffic by 35 percent. If the recommended changes don't reduce the volume and speed of traffic, one proposed 'contingen- cy measure calls for the installation of "traffic chokers" on Wright Road~ Chokers are devices that nar- row ',he width of the pavement so vehicles have to slow down or stop to pass. To: City Council City Manager Mayor February10,1992 RECEIVED tVt/~¥OR'$ OFFIc~ Wright Road-Cmston and Rosewood Avenue Study Report to Members of the Commission, dated January 15, 1992 G~ntlemen: We have carefully reviewed the recommended traffic control measures as outlined in Addendum "A" by the Planning Staff. These changes will certainly improve traffic conditions and make these streets conform, in general, to the standard design of other City streets. The contingency measure for a six month closure of Creston Avenue at Rosewood Avenue is not acceptable and certainly not fair to residents of this Community. This would only be a first step in the permanent closing of this street. The 35% goal for traffic reduction would be welcomed by residents of these streets and many other city streets, however, should not be a requirement for street closing. Any reduction in traffic will be added to Overland or Persinger where them is much more traffic. Them is overwhelming opposition to any street closing by residents in this area. You have many letters and petitions regarding this. We can only repeat the undeniable masons for this opposition: 1. Against recommendations by the Engineering Dept. and Planning Department. 2. Conditions can be corrected without closing. 3. Unreasonable to single out these streets for closing. 4. Violates rights of citizens and taxpayers using these streets for many years. 5. Obstruction to emergency service, trash collection, mail and school buses. 6. Extra travel and time required. 7. Thru traffic would be added to other streets. It is realized that the Planning Commission and City Council are generally opposed to street closing unless them is overwhelming evidence to support closing. In our opinion, them is no such evidence. We respectfully request that temporary or six month closing be denied and further that this matter not be postponed for two years when it can be brought up again. Very truly yours, Ellis L. Hall 2526 Cmston Avenue Roanoke, Virginia 24015 (703) 774-2837 February 5, 1992 Dear Council Member; Re: Proposed closing of Wright Road I am enolosing a oopy of the notes we have prepared 'for the planning commission. Z am sorry that we will be unable to attend the upcoming Council Meeting. I do hope you wilt give strong consideration to deny the request for closing. Streets are constructed for the convenience of the public and are maintained with city funds, closing them defeats their purpose. Sincerely, O. Robert and tla K. Parsons 1017 Overland Road To:the members of Roanoke City Council From: Concerned citizens of Roanoke When we built our house on Overland Road some 40 years ago the street was but a narrow two lane gravel road. The street was later widened and paved (not at our request or desire) Fishburn Park School, James Madison School were soon built. Then along came Virginia Western Community College with most of the students driving their own cars. Now we have a swim club to add to the traffic, It has been estimated the closing of Wright Road will add approximated 1000 more cars daily on Overland Road. This will create additional hazards for our school children as well as the residents. Just backing out of our driveway is a challenge to say nothing about trying to turn to same. Decreasing the quality of living of one group so another group can increase theirs makes no sense at all. Roads were built to permit access and egress. Closing defeats the purpose of the road. Wright Road property will increase in value at the expense of other affected areas. Postal deliveries will inconvenienced. Trash collection will be inconvenienceded. Fire Dept. response time will be increased. Response time for emergency service will be increased as well as inconvenienced. All of these problems when~the city is trying to stem cost make no sense at all. The accident rate at the corner of Colonial And Overland Roads is already well above the average of most corners in the City. I respectively request that City council deny the request to close Wright Road. Robert Parsons 1017 Overland Road January 29,1992 The Honorable Mayor Noel C. Taylor and Members of Council Municipal Building 215 Church Avenue SW Room 452 Roanoke, VA 24011 Re: Wright/Creston/Rosewood Community Dear Mayor Taylor and Council Members, On February 10, 1992, the Planning Commission wiil be presenting you a recommendation on strategies to reduce excessive traffic in our co _mmu~j'ty. As you read and study this recom- mendation, please keep foremost in your thoughts that our streets axe "RESIDENTIAL STREETS" not "CONNECTOR\COLLECTOR STI~g.I~.TS". After discussing our problems with long-time residents (some as long as the street system has existed), there are~man.y reasons for ourproblems such as T anglewood .Mall, Tanglewood .S~uar.e, Pebble ~r ~e?r? Honeywood andothers. Of course, the above lust addresses the high volume of traffic tn our community. Speed of this traffic is Wtally out of hand, no matter what City surveys state. As a member of the Wright/Creston/Rosewood Association and also a member of the Community Advisory Committee, I agree with the Planning Staffs' recommendation ONLY if the addition_ of traffic chokers on Wright Road be included in the Planning Commi~qsion recommendation. 1 fLrml¥ believe if this measure is not included, Wright Road residents' safety problems will remmn. I certainly hope that you as leaders of our beautiful city recognize our just concern and return our streets to "RESIDENTIAL STRF. ETS" for the safety of the families of this Vickie B. Bell 2601 Sweetbrier Avenue SW Roanoke, VA 24015 VBB/bs ~ lv. pAI~ER City Cl~r~ CITY OF ROANOKI OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 February 6, 1992 SANDRA It. EAKIN Deputy City Clerk File #514 Mr. Gary M. Bowman, Attorney Martin, Hopkins, Lemon, and Edwards, P. C. P. O. Box 13366 Roanoke, Virginia 24033-3366 Dear Mr. Bowman: I am enclosing copy of reports of the City Manager and the City Planning Commission with regard to the request of the Wright-Creston-Rosewood Association to have Creston Avenue and Rosewood Avenue, S. W., rights-of-way barricaded by way of traversable barricades across Creston Avenue at the intersection of Strother Road and Creston Avenue, and across Rosewood Avenue southeast of its intersection with Sweetbriar Avenue, S. W., as well as consideration of additional traffic control measures. The City Pianning Commission has also submitted several addendums and exhibits with its report, which documents are available for inspection in the City Clerk's Office. The aforementioned reports are included on the agenda for the regular meeting of the Council of the City of Roanoke on Monday, February 10, 1992, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W. Sincerely, Mary F. Parker, CMC/AKE City Clerk MFP: sw CRESTON mnc. pC: Mr. Dennis R. Gatens, Co-President, Wright- Creston-Rosewood Association, 3548 Wright Road, S. W., Roanoke, Virginia 24015 Mr. Bradley T. Sneed, Co-President, Wright- Creston-Rosewood Association, First Campbell Square, 210 First Street, S. W., Suite 100, Roanoke, Virginia 24011 NOTICE COMMISSION TO WHOM OF PUBLIC H~RI~G~BEFORE IT MAY CONCERN: THE ROANOKE CITY PLANNING The Roanoke City Planning Commission will hold a public hearing on Wednesday, February 5, 1992, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, 215 Church Avenue, S.W., in order fourth floor, Municipal Building, to consider the following: Continuation of a request from the Wright-Rosewood-Creston Association, represented by Co-presidents Dennis Gatens and Bradley T. Sneed, to have the Wright Road, Creston Avenue and Rosewood Avenue rights-of-way barricaded by way of traversable barricades at the intersection of Strother Road and Creston Avenue and on Rosewood Avenue southeast of its intersection with Sweetbriar Avenue, S.W., and consideration of additional traffic control measures. A copy of said application is available for review in the Office of Community Planning, Room 355, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. John R. Marlles, Agent Roanoke City Planning Commission Please run in newspaper on Tuesday, January 21, 1992 Please run in newspaper on Tuesday, January 28, 1992 Please bill and send affidavit of publication to: Office of Community Planning Room 355, Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 ROANOKE TIMES & WORLD-NEWS NUMBER - 12327377 PUBLISHERmS FEE - ~110.40 BOWMAN GARY M ATTORNEY AT LAW P.O. BOX 13366 ROANOKE VA 24033 CITY~: ':': : ::~ STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION I, (THE UNDERSIGNED) AN AUTHORIZED REPRESENTATIVE OF THE TIMES-WORLD COR- PORATION, WHICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES & WORLD-NEWS, A DAILY NEWSPAPER PUBLISHED IN ROANOKE, IN THE STATE OF VIRGINIA, DO CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 01/24/92 MORNING 01/31/92 MORNING WITNESS,x_.Tg¢1'~ iST DAY OF FEB~RUARY 1992 ___S ..... AUTHORIZED SIGNATURE IIulUC ~ TO WHO~ ~IT MAY CONCERN: 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, February 10, 1992, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on a proposal to have Creston Avenue and Rosewood Avenue rights-of-way barricaded by way of traversable barricades across Creston Avenue at the intersection of Strother Road and Creston Avenue, and across Rosewood Avenue southeast of its intersection with Sweetbriar Avenue, S.W., and consideration of additional traffic control measures. 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 22nd day of January , 1992. Please publish in full twice in the Roanoke Times & World-News, once on Friday, January 24, 1992, and once on Friday, January 31, 1992. Send publisher's affidavit to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 Mary F. Parker, City Clerk. Biil to: Mr. Gary M. Bowman, Attorney Martin, Hopkins, Lemon, and Edwards, P.C. P. O. Box 13366 Roanoke, Virginia 24033-3366 MARY F. PARKER City Clerk CITY OF ROANOKI OFFICE OF THE CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, V~rginia 24011 Telephone: (703)981-2541 February 6, 1992 SANDRA H. F-AKIN Deputy City Clerk File #514 Mr. Gary M. Bowman, Attorney Martin, Hopkins, Lemon, and Edwards, P. C. P. O. Box 13366 Roanoke, Virginia 24033-3366 Dear Mr. Bowman: 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 will be held on Monday, February 10, 1992, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on the request of the Wright-Creston-Rosewood Association to have Creston Avenue and Rosewood Avenue, S. W., rights-of-way barricaded by way of traversable barricades across Creston Avenue at the intersection of Strother Road and Creston Avenue, and across Rosewood Avenue southeast of its intersection with Sweetbriar Avenue, S. W., as well as consideration of additional traffic control measures. For your information, I am enclosing copy of a notice of the public hearing which was prepared by the City Attorney's Office. Please review the notice and if you have questions, you may contact Mr. Steven J. Talevi, Assistant City Attorney, at 981- 2431. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw FEB Eno o Mr. Gary M. Bownm% Attorney February 6, 1992 Page 2 pc: Mr. Dennis R. Gatens, Co-President, Wright-Creston-Rosewood Association 3548 Wright Road, S. W., Roanoke, Virginia 24015 Mr. Bradley T. Sneed, Co-President, Wright-Creston-Rosewood Association First Campbell Square, 210 First Street, S. W., Suite 100, Roanoke, Virginia 24011 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., Chair, City Planning Commission Mr. L. Elwood Norris, Chair, Board of Zoning Appeals Mr. William F. Clark, Director, Public Works Mr. Kit B. Kiser, Director, Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. John R. Marlies, Chief, Community Planning Mr. Edward R. Tucker, City Planner Ms. Doris Layne, Office of Real Estate Valuation 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 February 6, 1992 SANDRA H. EAKIN Deputy City Clerk File #514 Ladies and Gentlemen: 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 will be held on Monday, February 10, 1992, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on the request of the Wright-Creston-Rosewood Association to have Creston Avenue and Rosewood Avenue, S. W., rights-of-way barricaded by way of traversable barricades across Creston Avenue at the intersection of Strother Road and Creston Avenue, and across Rosewood Avenue southeast of its intersection with Sweetbriar Avenue, S. W., as well as consideration of additional traffic control measures. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sw FEB TO THE CITY CLERK OF THE CITY OF ROANOKE, PERTAINING TO THE STREET CLOSURE OF: Consideration of alternative strategies, including street) closure, for reducing excessive through traffic in the )AFFIDAVIT Wright-Creston-Rosewood, S.W., area. ) 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 City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, 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 27th day of January, 1992, notices of a public hearing to be held on the February 5, 1992, 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 Martha~-Pace Franklin ~ SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 27th day of January, 1992. Notary Publ fc My Commission Expires: Mango Bo~danowitz Thelma H. Meredith Jeanette Cabaniss 2744 Creston Avenue 3401 Rosewood Avenue 3311 Rosewood Avenue Roanoke, VA 24015 Roanoke, VA 24015 Roanoke, VA 24015 Susan Steele P. O. Box 63 Amherst, VA 24521 Blanche Hamden 2715 Creston Avenue Roanoke, VA 24015 Richard and Vickie Bell 2601 Sweetbriar Avenue Roanoke, VA 24015 Frank and Virginia Carmack 2611 Sweetbriar Avenue Roanoke, VA 24015 Mrs. Linda R. Pyne 2574 Sweetbriar Avenue Roanoke, VA 24015 Edith Mae Moran 2629 Sweetbriar Avenue Roanoke, VA 24015 Mr. Michael Montgomery 3703 Strother Road Roanoke, VA 24015 Steven & Carol Fisher 3709 Strother Road Roanoke, VA 24015 Jerome & Amelia Kaczmarek 3713 Strother Road Roanoke, VA 24015 Mrs. Susan Shafer 3719 Strother Road Roanoke, VA 24015 Mrs. Helen McClanahan 3411 Rosewood Avenue Roanoke, VA 24015 Mrs. Elizabeth Fannin 3421 Rosewood Avenue Roanoke, VA 24015 Mr. James Ruel 3427 Rosewood Avenue Roanoke, VA 24015 Stephen and Betty McGee 3428 Rosewood Avenue Roanoke, VA 24015 John and Judy Eanes 3326 Rosewood Avenue Roanoke, VA 24015 Howard and Ruth Regnier 3320 Rosewood Avenue Roanoke, VA 24015 Mr. David Smith 3436 Rosewood Avenue Roanoke, VA 24015 William and Alice Crisp 3422 Rosewood Avenue Roanoke, VA 24015 Stuart and Edmonia Boblett 3316 Rosewood Avenue Roanoke, VA 24015 Betty Brooke 3301 Rosewood Avenue Roanoke, VA 24015 Mr. & Mrs. William Leffel 3306 Rosewood Avenue Roanoke, VA 24015 Charlotte A. Mason 3412 Rosewood Avenue Roanoke, VA 24015 George Bent 2566 Sweetbrier Avenue Roanoke, VA 24015 Robert & Virginia Huddleston 2546 Creston Avenue, S.W. Roanoke, VA 24015 Leo & Louise Waterman Cathy McFall Bunger William B. Clemmer 426 Windward Drive, S.W. 1133 Overland Road, S.W. 3215 Colonial Avenue Roanoke, VA 24014 Roanoke, VA 24015 Roanoke, VA 24018 Charles E. Forsberg Roger Dean Owen Creed King and Eloise Lemon 3213 Colonial Avenue 3211 Colonial Avenue 2816 Wycliffe Avenue Roanoke, VA 24018 Roanoke, VA 24018 Roanoke, VA 24014 Peter & Ellen Mathews 2537 Creston Avenue, SW Roanoke, Virginia 24015 Clinton S. Stoneking 2516 Sweetbriar Ave., NW Roanoke, VA 24105 Bobby Lee & Catherine Benson 2545 Creston Ave., SW Roanoke, VA 24015 Ernest J & MaryL Monasky 2504 Sweetbriar Ave., SW Roanoke, VA 24015 William E. and Velda Leffel 2501 Sweetbrair Ave., SW Roanoke, VA 24015 Sandra R. Arendall 2553 Creston Avenue, S.W. Roanoke, VA 24015 Winifred H. and Lois Hart, Jr. 2563 Creston Avnue, S.W. Roanoke, VA 24015 Van A. and Joan F. Goss 2583 Creston Avenue, S.W. Roanoke, VA 24015 Gladys W. Duffy 2591 Creston Avenue, S.W. Roanoke, VA 24015 Gene D. & Bridgette M. Helms 2560 Sweetbriar Avenue, S.W. Roanoke, VA 24015 Leroy & Norman Moran 2552 Sweetbriar Avenue, S.W. Roanoke, VA 24015 Steven P. Power 2546 Sweetbriar Avenue, S.W. Roanoke, VA 24015 Alonza R. & Dorothy Kerfoot 2540 Sweetbriar Avenue, S.W. Roanoke, VA 24015 William F. Fox 2530 Sweetbriar Avenue, S.W. Roanoke, VA 24015 Douglas A. Huff 6925 Shaver Road, S.W. Roanoke, VA 24018 Myron L. and Donna M. Woodward 2714 Sweetbriar Avenue Roanoke, VA 24015 Walter Bryant 2702 Brambleton Avenue, S.W. Ronoke, VA 24015 Penny L. Jones 2801 Sweetbriar Avenue, S.W. Roanoke, VA 24015 Rev. Robert M. Hamner Grandin Court Baptist Church 2660 Brambleton Avenue, SW Robert Woodward 2611 Fairway Drive Roanoke, VA 24015 E. L. Bryant 2716 Brambleton Avenue, SW Roanoke, VA 24015 John R. and Mary L. Cooper 2621 Sweetbriar Avenue, SW Roanoke, VA 24015 Garnett and Max Wickline 2644 Sweetbriar Avenue, SW Roanoke, VA 24015 Karen G. Lane 2628 Sweetbriar Avenue, SW Roanoke, VA 24015 David Gillespie Virginia M. Wilery Milton and Robby Aliff 2622 Sweetbriar Avenue, SW 2618 Sweetbriar Avenue, SW 2551 Sweetbriar Avenue, SW Roanoke, VA 24015 Roanoke, VA 24015 Roanoke, VA 24015 William $. Myers William and Ann Howard William and Elizabeth Payne 2547 Sweetbriar Avenue, SW 2537 Sweetbriar Avenue, SW 2521 Sweetbriar Avenue, SW Roanoke, VA 24015 Roanoke, VA 24015 Roanoke, VA 24015 Elbyrne and Olive St. Clair 2515 Sweetbriar Avenue, SW Roanoke, VA 24015 Vicky G. Clayton 2509 Sweetbriar Avenue, SW Roanoke, VA 24015 Harper Frei 2505 Sweetbriar Avenue, SW Roanoke, Va 24015 Virginia L. Parsons 2594 Creston Avenue, SW Roanoke, VA 24015 Virginia W. Painter 2588 Creston Avenue, SW Roanoke, VA 24015 Charles and Katherine Fackler 2582 Creston Avenue, SW Roanoke, VA 24015 Florence Warren 2562 Creston Avenue, SW Roanoke, VA 24015 Edmond and Elizabeth Taylor 2558 Creston Avenue, SW Roanoke, VA 24015 R. B. and Gladys Huddleston 2554 Creston Avenue, SW Roanoke, VA 24015 Robert and Sally Crawford 2538 Creston Avenue, SW Roanoke, VA 24015 Ellis and Pearl Hall 2526 Creston Avenue, SW Roanoke, VA 24015 Herman and Andrea Scott 2512 Ceston Avenue, SW Roanoke, VA 24015 Tracy G. Callis 2502 Creston Avenue, SW Roanoke, VA 24015 Richard and Irene Vitullo 2503 Creston Avenue, SW Roanoke, VA 24015 Jesse and Emily Chapman 2511 Creston Avenue, SW Roanoke, VA 24015 John and Bonnie Pauze 2519 Creston Avenue, SW Roanoke, VA 24015 Evelyn Brubaker-Life Estate 2527 Creston Avenue, SW Roanoke, VA 24015 Mr. and Mrs. Lister Ives 3217 Colonial Avenue, SW Roanoke, VA 24015 Mr. and Mrs. Hill Crockett 3558 Wright Road, SW Roanoke, VA 24015 Thomas and Karen Haynie 3554 Wright Road, SW Roanoke, VA 24015 Mr. and Mrs. Fred Miller 3542 Wright Road, SW Roanoke, VA 24015 Mr. and Mrs. Walter Menefee 3530 Wright Road, SW Roanoke, VA 24015 Mr. and Mrs. Randall Larson 3522 Wright Road, SW Roanoke, VA 24015 Mr. and Mrs. Ray Byrd, 3512 Wright Road, SW Roanoke, VA 24015 Jr. Mr. and Mrs. Bradley Sneed Mr. and Mrs. William Watkins William and Mary Fortune 3535 Wright Road, SW 3527 Wright Road, SW 3545 Wright Road, SW Roanoke, VA 24015 Roanoke, VA 24015 Roanoke, VA 24015 Mr.. an~ Mrs. William Martin 3519 Wright Road, SW Roanoke, VA 24015 Mr. and Mrs. Scott Whitaker 3588 Wright Road Roanoke, VA 24015 Ora Smith 3571 Wright Road, SW Roanoke, VA 24015 Mr. and Mrs. Emmett Manley 3574 Wright Road, BW Roanoke, VA 24015 Mr. and Mrs. Michael Stanley 3561 Wright Road, SW Roanoke, VA 24015 Mr. and Mrs. Dennis Gatens 3548 Wright Road, SW Roanoke, VA 24015 Bo Beverly Bury 3566 Wright Road, SW Roanoke, VA 24015 Thomas Mark Vance 3536 Wright Road, SW Roanoke, VA 24015 Mr. and Mrs. Gary Bowman 3580 Wright Road, SW Roanoke, VA 24015 Mr. and Mrs. Thomas Cook 3583 Wright Road, SW Roanoke, VA 24015 Mr. and Mrs. Mark Mallen 2606 Creston Avenue, SW Roanoke, VA 24015 James and Pamela Ann Maxey 2597 Creston Avenue, SW Roanoke, VA 24015 Rodman and Dorothy Moeller 2623 Creston Avenue, SW Roanoke, VA 24015 Pauline S. Tancredi Charles E. Wall 2617 Creston Avenue, SW Roanoke, VA 24015 and CWR Benson P. O. Box 4103 Roanoke, VA 24015 James and Roy Ramseur 2641 Creston Avenue, SW Roanoke, VA 24015 Claire S. White 2651 Creston Avenue, SW Roanoke, VA 24015 Verity Callender-Briggs 2750 Creston Avenue Roanoke, VA 24015 James and Kathie Johnston 2631 Creston Avenue, SW Roanoke, VA 24015 John Lane 2725 Creston Avenue Roanoke, VA 24015 Jackson Dickerson 2605 Creston Avenue, SW Roanoke, VA 24015 Mary Stevenson 2602 Creston Avenue, SW Roanoke, VA 24015 Betty Morgan 2736 Creston Avenue, SW Roanoke, VA 24015 James and Mary Wright 3904 Hollowell Avenue, SW Roanoke, VA 24015 Steve and Patricia Wilcher 2908 Hollowell Avenue, SW Roanoke, VA 24015 Richard McGimsey and Joseph Treadway 1633 Persinger Road, SW Roanoke, VA 24015 Dennis and Linda Poindexter 2916 Hollowell Avenue, SW Roanoke, VA 24015 Richard and Becky Robertson Kevin Glasgow James and Doris Guilliams 2920 Hollowell Avenue, SW 2929 Hollowell Avenue, SW 2928 Hollowell Avenue, SW Roanoke, VA 24015 Roanoke, VA 24015 Roanoke, VA 24015 Norman ~d Joy Hundley Eric and Sandra Cunningham Dennis R. LeMaster 293~ Hollowell Avenue, SW 2936 Hollowell Avenue, SW 2940 Hollowell Avenue, SW Roanoke, VA 24015 Roanoke, VA 24015 Roanoke, VA 24015 Tipper and Ada Kelley 2927 Hollowell Avenue, Roanoke, VA 24015 SW Patricia Fox 2923 Hollowell Avenue, SW Roanoke, VA 24015 Thomas and Ellen Perdue 5710 Roselawn Road Roanoke, VA 24015 Paul and Claudine Childress 2915 Hollowell Avenue, SW Roanoke, VA 24015 David Lunsford 2911 Hollowell Avenue, SW Roanoke, VA 24015 James and Juanita Hundley 2907 Hollowell Avenue, SW Roanoke, VA 24015 Dale Brunk 2124 Balboa Road Raleigh, NC 27529 Norma J. Sigmon, et als 510 Jefferson Street, SW Roanoke, VA 24011 Elsie R. Rinehart 2803 Hollowell Avenue, SW Roanoke, VA 24015 Bernice G. Weston 3626 Spring Road, SW Roanoke, VA 24015 Elizabeth H. Via 2711 Spring Road, SW Roanoke, VA 24015 Margaret E. Davis 2725 Spring Road, SW Roanoke, VA 24015 Dorothy C. Stanley 2804 Sweetbrier Avenue, SW Roanoke, VA 24015 Richard and Nancy Dearing 2126 Winston Avenue, SW Roanoke, VA 24014 Valerie and Don Morris 33 Point Pleasant Avenue Salem, VA 24153 wrightrd.lab Steven and Sharon Hoke Evangeline F. Burton 2902 Sweetbriar Avenue, SW 2906 Sweetbriar Avenue, SW Roanoke, VA 24015 Roanoke, VA 24015 Office of the City Clerk February 13, 1992 File #236-200 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30871-021092 authorizing Amendment No. 3 to the fiscal year 1991-92 Community Development Block Grant Program and Budget, to provide downpayment and closing cost assistance to low and moderate income families city-wide who purchase homes with FHA or VHDA mortgages, upon certain terms and conditions. Resolution No. 30871-021092 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 10, 1992. Sincerely, ~(~_ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc: Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Saiem Turnpike, N. W., Roanoke, Virginia 24017 Mr. Joel M. Schlanger, Director of Finance Mr. James D. Ritchie, Director, Human Resources Mr. William F. Clark, Director, Public Works Mr. Ronaid H. Miller, Building Commissioner/Zoning Administrator Mr. H. Daniel Pollock, Housing Development Coordinator Mr. John R. Mariles, Chief, Community Planning Mr. Brian J. Wishneff, Chief, Economic Development Ms. Marie T. Pontius, Grants Monitoring Administrator .~ Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th Day of February, 1992. No. 30871-021092. A RESOLUTION authorizing an amendment to the FY 1991-92 Community Development Block Grant Program and Budget to provide for Downpayment and Closing Cost Assistance, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager are authorized to amend the FY 1992 Community Development Block Grant Program and Budget to provide for Downpayment and Closing Cost Assistance, and to execute any other necessary documentation, said documentation to be attested by the City Clerk and approved as to form by the City Attorney, as more particularly set forth in the report to this Council dated February 10, 1992. ATTEST: City Clerk. Office of the City Clerk February 13, 1992 File #60-236-200 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30870-021092 amending and reordaining certain sections of the 1991-92 Grant Fund Appropriations, providing for the transfer of $60,000.00 from Home Ownership Assistance to Downpayment and Closing Cost Assistance, in connection with Amendment No. 3 to the fiscal year 1991-92 Community Development Block Grant Program and Budget, to provide downpayment and closing cost assistance to low and moderate income families city-wide who purchase homes with FHA or VHDA mortgages. Ordinance No. 30870-021092 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 10, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc: Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Mr. W. Robert Herbert, City Manager Mr. James D. Ritchie, Director, Human Resources Mr. William F. Clark, Director, Public Works Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. H. Daniel Poliock, Housing Development Coordinator Mr. John R. Marlles, Chief, Community Planning Mr. Brian J. Wishneff, Chief, Economic Development Ms. Marie T. Pontius, Grants Monitoring Administrator Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 10th Day of February, 1992. No. 30870-021092. AN ORDINANCE to amend and reordain 1991-92 emergency. WHEREAS, Government of exist. THEREFORE, Roanoke that Appropriations, Grant Fund Appropriations, VIRGINIA certain sections of the and providing for an for the usual daily operation of the Municipal the City of Roanoke, an emergency is declared to reordained to read as follows, BE IT ORDAINED by the Council of the City of certain sections of the 1991-92 Grant Fund be, and the same are hereby, amended and in part: ApProPriations Community Development Block Grant FY 92 Housing FY 92 (1-2) ............................... $2,282,090 604,752 1) Downpayment and Closing Cost Assistance 2) Home Ownership Assistance (035--091-9120--5117) (035--091-9120--5115) $ 60,000 (60,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. '92 Roanoke, Virginia February 10, 1992 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Amendment #3 to the 1991-1992 Con~unit¥ Development Block Grant Program Background: A. City Council approved the CDBG FY Statement of Objectives on May 13, No. 30508-51391. 1992 budget and 1991 by Resolution One of key programs in that budget is the Home Ownership Assistance program, which assists Roanoke families to buy and rehabilitate homes they will occupy. CDBG assistance provides acquisition costs, while other funds assist with rehabilitation. A common obstacle to homeownership has been the difficulty low and moderate income families have in acquiring enough cash for downpayment and closing costs. II. Current Situation: A. The (Cranston-Gonzalez) National Affordable Housing Act allows localities to provide downpayment and closing cost assistance to low and moderate income homebuyers using CDBG funds. HUD officials inform City staff that an amendment to the current CDBG program is necessary to provide for this assistance. City's Housing Development Office proposes to transfer $60,000 from CDBG Home Ownership Assistance program to a Downpayment and Closing Cost Assistance Program. CDBG funds will be used city-wide in conjunction with mortgage financing from any other sources including private lenders and other public programs. Approximately 20 families will benefit from the assistance as outlined below: 1. Assistance will be in the form of a conditional grantt with a grant agreement which requires repayment if the property is sold within three (3) years. (FHA insurance does not allow the assistance to be provided to the homebuyer in any Members of City Council Page 2 III. form other than a gift) The conditional grant will not be secured; Downpayment assistance will not exceed one-half of the total downpayment required upon closing (the homebuyer must provide the other half); Any or all normal closing costs (e.g. loan origination fees, discount points, legal fees, appraisals, credit reports, mortgage insurance premium payments, etc.) and prepaid items (property taxes, fire and comprehensive insurance) may be paid by the Program assistance; Total downpayment and closing cost assistance shall not exceed $3,500~ Eligible households must demonstrate a need for downpayment and closing cost assistance, i.e. households must verify that household cash assets are insufficient to meet required downpayment and closing costs. Issues: A. City community development objectives. B. Funding. C. Impact on existing programs. D. Administrative capacity. Compliance with local ordinances and federal regulations. IV. Alternatives: Authorize the City Manager to amend the FY 1992 CDBG program and budget to add a Downpayment and Closing Cost Assistance Program; and authorize the Director of Finance to transfer $60,000 from the current Home Ownership Assistance accounts to an account to be established for Downpayment and Closing Cost Assistance. City community development objectives would be addressed in encouraging home ownership among Roanoke City residents. Eligible family income will vary by family size, but a family of four will be eligible if their income is $30,900 or less. 2. Funding is available in CDBG account 035-091-9120- 5115. Members of City Council Page 3 3. Impact on existing programs will be enhanced, since this assistance will complement other resources currently available through Home Ownership Assistance program. 4. Administrative capacity is available. The Roanoke Redevelopment and Housing Authority will administer the program with assistance from the City's Housing Development office. 5. Compliance with local ordinances and federal regulations will be assured with the advice and counsel of the City Attorney's office and the Office of Grants Compliance. Do not authorize the City Manager to amend the FY 1992 CDBG program and budget to add a Downpayment and Closing Cost Assistance Program; and do not authorize the Director of Finance to transfer $60,000 from the current Home Ownership Assistance accounts to an account to be established for Downpayment and Closing Cost Assistance. City community development objectives will be addressed by other existing programs. Funding is not an issue. Impact on existing programs is not an issue. Administrative capacity is not an issue. Compliance with local ordinances and federal regulations is not an issue. Reco...endation: It is recommended that City Council concur in Alternative A and Authorize the City Manager to amend the FY 1992 CDBG program and budget to add a Downpayment and Closing Cost Assistance Program; and authorize the Director of Finance to transfer $60,000 from the current Home Ownership Assistance accounts to an account to be established for Downpayment and Closing Cost Assistance. Respectfully submitted, W. Robert Herbert City Manager WRH/mtp Members of City Council Page 4 CC: Assistant City Manager City Attorney Director of Finance Director of Public Works Director of Human Resources Building Commissioner Chief of Community Planning Chief of Economic Development City Engineer Housing Development Coordinator Grants Monitoring Administrator Executive Director, RRHA B:DOWNPAYM.RPT NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY COUNCIL The Roanoke City Council will hold a public hearing on Monday, February 10, 1992, at 7:30 p.m. or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor of the Municipal Building, in order to consider an amendment to the Fiscal Year 1991-1992 Community Development Block Grant (CDBG) budget and Statement of Objectives to the United States Department of Housing and Urban Development (HUD). The proposed amendment will impact the current CDBG Home Ownership Assistance program by transferring $60,000 from it to a new activity, a Downpayment and Closing Cost Assistance Program. The new program will provide downpayment and closing cost assistance to low and moderate income families city wide who purchase homes with FHA or VHDA mortgages. More details of the proposed activities are available in the City Clerk's Office Room 456, or the Office of Grants Compliance, Room 362, Municipal Building, 215 Church Avenue, SW, Roanoke Virginia 24011, phone 981-2141. If you are a person with special needs in order 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 27th day of January, 1992 Mary F. Parker City Clerk Please publish in Thursday, January 30, 1992 edition of the Roanoke Times and World News. Publish in display ad format, legal ad. not Bill: Office of Grants Compliance Room 362, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Attention: Marie Pontius 981-2141 MINUTES CONSIDERED AT THIS COUNCIL MEETING MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER, OR AT THE CITY CLERK'S OFFICE 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 SANDRA H. EAI~N Deputy City Clerk February 10, 1992 The Honorable Vice-Mayor and 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. Sincerely, NCT: se Noel C. Taylor Mayor Howard E. Museer Vice-Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 February 10, 1992 Council Members: David A. Bowers Elizabeth T. Bowles Beverly T. Fitzpatrick, Jn James G. Harvey, II William White, Sn The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session on Monday, February 10, 1992, to discuss a personnel matter, being the appointment of a specific public officer, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. Sincerely, Vice Mayor HEM:js Office of the City Clerk February 13, 1992 File #40-132 Dr. Wendell H. Butler, Chairperson Citizens Task Force To Study Alternative Election Procedures For City Council 2118 Andrews Road, N. W. Roanoke, Virginia 24017 Dear Dr. Butler: An interim report of the Citizens Task Force to Study Alternative Election Procedures For City Council, recommending that the study be altered to extend the schedule by one month, with final recommendation to be submitted to Council on July 13 instead of June 8, 1992, was before the Council of the City of Roanoke at a regular meeting held on Monday, February 10, 1992. On motion, duly seconded and unsnlrnously adopted, Council concurred in the recommendation. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw pc: Members, Citizens Task Force To Study Alternative Election Procedures For City Council Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. John R. Mariles, Chief, Community Planning Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, 313 Luck Avenue, S. W., Roanoke, Virginia 24016 Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 INTERII4 R~nORT TO RO3a~IOK~. CI~¥ COUNCIL 'J~*? Prepared by the Citizens Task Force to Study Alternative Election Procedures February 10, 1992 On November 18, 1991 the Roanoke City Council approved and endorsed a joint report of the City Manager and City Attorney relating to City Council election procedures. The report called for the establishment of a Citizens Task Force to study alternative election procedures for the Council. Specifically, the charge of the Task Force was: a) to review the experience with alternative election procedures in other communities; and b) to recommend, for consideration by the City Council, alternative election procedures. The staff of the Fifth Planning District Commission (Fifth PDC), as requested by City Council, was retained to help coordinate the activities of the Task Force. The election procedures to be studied include, but are not limited to: maintaining the current at-large system; establishing a modified ward system, with a majority of members elected at-large; establishing a modified ward system, with a minority of members elected at-large; establishing a system where nominations are made by ward, but elections held at-large; and establishing a system where all members are elected by ward. The Task Force held its organizational meeting on December 18. Dr. Wendell Butler, the Chair of the Task Force, recognized the Vice- Chair, Ms. Jan Garrett and other members of the Task Force, as well 2 as Mr. Will Dibling (City Attorney) and Mr. Wayne Strickland (Executive Director of the Fifth PDC). At that meeting, the process and schedule for the study were discussed at length. A brief overview of possible speakers to address alternative election procedures used throughout the Commonwealth was also discussed. The Task Force has been meeting on a weekly basis since the first week in January to hear a Variety of individuals discuss various electoral systems. Our first speaker, Dr. Timothy O'Rourke, a Professor with the University of Virginia's Center for Public Service, provided an excellent framework for our fact-finding efforts. He gave an overview of the advantages and disadvantages of alternative electoral systems and reviewed in some detail election procedures in communities where he has participated in discussions about changing the existing system (i.e., Charlottesville, where maintenance of the at-large system was in question; Virginia Beach, where a change in council size and nomination by residency district was in question; and Norfolk, where a change from an at-large to a ward system was brought about by litigation). The other speakers have tended to be "practitioners", generally city council members, city attorneys and others who are more directly involved in a community's electoral process. These individuals have discussed their perspective on the advantages and disadvantages of the election system used in their community. The speakers whom we have heard, or will hear, come from diverse 3 jurisdictions, such as Danville, Fredericksburg, Lynchburg, Norfolk and Richmond. By the time the Task Force has completed its fact- finding efforts, we will have had presentations from communities served by at-large, modified ward and full ward electoral systems. Beyond discussions with practitioners and academicians about various electoral systems in other areas of the State, the Task Force has an interest in hearing from neighborhood, civic and business groups in Roanoke City about their perception of the existing at-large system and the desire to change to a different system. Based on the Task Force's current schedule, there is not which we feel sufficient time to adequately hear from all groups might be important to our study. At its January 16 meeting, the Task Force unanimously recommended that the current schedule for the Task Force's study be altered to extend the schedule by one month. This extra month would ensure that the Task Force has adequate time to accomplish its fact- finding efforts. By extending the fact-finding portion of the study by one month, the Task Force would be presenting its final recommendations to City Council on July 13, 1992, instead of June 8, 1992 as previously scheduled. The Task Force has discussed this schedule change with the City Attorney and he has indicated that this extension would not present a major problem from a legal standpoint. 4 Interim Recommendation to City Council: Authorize the Citizens Task Force to add pursue its fact-finding activities. an additional month to Submitted by: Dr. Wendell H. Butler, Chair, Citizens Task Force to Study Alternative Election Procedures for the Roanoke City Council Office of the City Clerk February 13, 1992 File #207 Mr. Harweli M. Darby, Jr., Attorney Glenn, Flippin, Feldmann & Darby P. O. Box 2887 Roanoke, Virginia 24001 Dear Mr. Darby: I am enclosing copy of Resolution No. 30872-021092 authorizing among other things, issuance of not to exceed $60,000,000.00 aggregate principal amount of Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Roanoke Memorial Hospitals, Community Hospital of Roanoke Valley, Bedford County Memorial Hospital, Giles Memorial Hospital and Radford Memorial Hospital Project) Series 1992, to the extent required by Section 147 of the Internal Revenue Code of 1986, as amended. Resolution No. 30872-021092 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 10, 1992. Sincerely, ~_ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc: Mr. W. Bolling Izard, Chairperson, Industrial Development Authority, 2535 Robin Hood Road, S. E., Roanoke, Virginia 24014 Mr. W. Robert Herbert, City Manager Mr. Joel M. Schianger, Director of Finance Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 10th Day of February, 1992 No. 30872-021_~_Q~_2~ A Resolution of the City Council of the City of Roanoke, Virginia authorizing, among other things, the issuance of not to exceed $60,000,000 aggregate principal amount of the Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Roanoke Memorial Hospitals, Community Hospital of Roanoke Valley, Bedford County Memorial Hospi%~l~ Giles Memorial Hospital and Radford Memorial Hospital Project) ~eries 1992, to the extent required by Section 147 of the Internal Revenue Code of 1986, as amended. WHEREAS, the City of Roanoke, Virginia (the "City") is a political subdivision of the Commonwealth of Virginia exercising public and essential governmental functions pursuant to the Constitution and laws of the Commonwealth of Virginia; and WHEREAS, the Industrial Development Authority of the City of Roanoke, Virginia (the "Roanoke Authority") is a political subdivision of the Commonwealth of Virginia duly created pursuant to the Industrial Development and Revenue Bond Act, Chapter 33, Title 15.1, Code of Virginia of 1950, as amended (the "Act") and authorized by the Act to issue revenue bonds for the purpose of providing funds to pay the costs of certain projects required or useful for health care purposes; and WHEREAS, Roanoke Memorial Hospitals ("RMH") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in the City of Roanoke, Virginia; and WHEREAS, Community HosPital of Roanoke Valley ("CHRV") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in the City of Roanoke, Virginia; and WHEREAS, Bedford County Memorial Hospital, Incorporated ("BCMH") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in the City of Bedford, Virginia; and WHEREAS, The Radford Community Hospital, Incorporated ("RCH") is a private nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of virginia, which owns and operates a health care facility located in the City of Radford, Virginia; and WHEREAS, Giles Memorial Hospital, Incorporated ("GM]{") is a private nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in the Town of Pearisburg, Giles County, Virginia; and WHEREAS, the Roanoke Authority has by resolution adopted December 18, 1992 (the "Inducement Resolution") and by the Roanoke Authority Resolution referred to below evidenced its desire to issue its revenue bonds for the following purposes: (I) (a) financing for RMH a portion of the costs of (i) renovating certain portions of the RMH hospital facilities, and (ii) acquiring certain capital equipment for use in or in connection with the RMH hospital facilities (the "RMH Project"), (b) financing for CHRV a portion of the costs of (i) renovating certain portions of the CHRV hospital facilities, and (ii) acquiring certain capital equipment for use in or in connection with the CHRV hospital facilities (the "CHRV Project"), (c) financing for GMH a portion of the costs of (i) expanding and renovating the emergency room, (ii) renovating certain other portions of the GM}{ hospital facilities, and (iii) acquiring certain capital equipment for use in or in connection with the GMH hospital facilities (the "GMH Project"), (d) financing for BCM/~ a portion of the costs of (i) renovating certain portions of the BCMH hospital facilities, and (ii) acquiring certain capital equipment for use in or in connection with the BCMH hospital' facilities (the "BCMH Project"), and (e) financing for RCH a portion of the costs of (i) expanding and renovating the emergency room, radiology and admissions areas, (ii) renovating certain other portions of the RCH hospital facilities, and (iii) acquiring certain capital equipment for use in or in connection with the RCH hospital facilities (the "RCH Project") (the RMH Project, the CHRV Project, the GMH Project, the BCMH Project and the RCH Project are hereinafter collectively referred to as the "Project"); and (II) (a) refunding certain bonds previously issued on December 11, 1985 by the Authority for the benefit of RMH the proceeds of which were used to finance or refinance the acquisition and installation of certain fixtures, furniture, machinery and equipment for use in the RMH hospital facilities and to refund certain other bonds of the Authority issued on August 31, 1988 for the benefit of RMH; (b) refunding certain bonds previously issued on July 21, 1989 by the Industrial Development Authority of the City of Bedford, Virginia for the benefit of BCMH the proceeds of which were used to finance the renovation of certain portions of the BCMH hospital facilities and the acquisition of certain capital equipment for use in the BCMH hospital facilities and to refund certain other existing indebtedness of BCMH the proceeds of which were used to construct, renovate and equip the BCMH hospital facilities, (c) refunding certain bonds previously issued on July 21, 1989 by the Industrial Development Authority of the City of Bedford, Virginia for the benefit of GMH the proceeds of which were used to finance or refinance renovations to the GMH hospital facilities and the acquisition of certain capital equipment for use in the GM}{ hospital facilities and to refund certain other existing indebtedness of GM}{ the proceeds of which were used to renovate, expand and equip the GM]{ hospital facilities, (d) refunding certain bonds previously issued on September 13, 1990 by the Industrial Development Authority of the City of Radford for the benefit of RCH the proceeds of which were used to finance the acquisition, expansion, renovation and equipping of certain portions of the RCH hospital facilities, expanding and equipping a building at 707 Randolph Street which building is used as office space for RCH and physicians, and to refund certain other existing indebtedness of RCH the proceeds of which were used to finance the construction, renovation and equipping of certain portions of the RCH hospital facilities; (e) refunding certain bonds previously issued on July 12, 1984 by the Industrial Development Authority of Giles County, Virginia for the benefit of GMH the proceeds of which were used to finance or refinance the acquisition of certain capital equipment for use in the GMH hospital facilities, and (f) refinancing a certain taxable loan dated October 22, 1990 to GMH from Dominion Bank, National Association the proceeds of which were used to finance or refinance the acquisition of certain capital equipment for use in the GM~ hospital facilities (the above-described bonds and loan to be refunded are hereinafter collectively referred to as the "Prior Bonds"); and WHEREAS, the Roanoke Authority has by resolution adopted January 29, 1992 (the "Roanoke Authority Resolution") authorized the issuance of not to exceed $60,000,000 aggregate principal amount of the Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Roanoke Memorial Hospitals, Community Hospital of Roanoke Valley, Bedford County Memorial Hospital, Giles Memorial Hospital and Radford Community Hospital Project) Series 1992 (the "Bonds") for the purpose of (i) financing a portion of the costs of the Project, (ii) refunding the Prior Bonds, (iii) paying a portion of the interest accruing on the Bonds during the acquisition and renovation of the Project, and (iv) paying certain expenses incurred in connection with the authorization and issuance of the Bonds; and WHEREAS, the City Council of the City of Roanoke, Virginia (the "Council") must first approve the issuance of the Bonds before the Roanoke Authority can proceed with the financing; and WHEREAS, the Roanoke Authority has delivered or caused to be delivered to the Council the following: (i) a reasonably detailed summary of the comments expressed at the public hearing held by the Roanoke Authority in connection with the issuance of the Bonds, (ii) a fiscal impact statement concerning the Project and the Bonds in the form specified in Section 15.1-1378.2 of the Act, (iii) a copy of the Inducement Resolution, and (iv) a copy of the Roanoke Authority Resolution, which constitutes the recommendation of the Roanoke Authority that the Council approve 3 the financing of the Project, the refunding of the Prior Bonds and the issuance of the Bonds; and WHEREAS, the Council has determined that it is necessary at this time to approve the issuance by the Roanoke Authority of not to exceed $60,000,000 aggregate principal amount of the Bonds to promote the improvement of health and living conditions of the people of the City of Roanoke and the Commonwealth of Virginia, increase opportunities for gainful employment, improve health care and otherwise aid in improving the prosperity and welfare of said City and Commonwealth and its inhabitants by improving the hospital facilities of RMH, CHRV, BCMH, RCH and GMH, respectively; NOW THEREFORE, BE IT RESOLVED by the City Council of the city of Roanoke, Virginia: Section 1. The Council hereby approves the issuance by the Roanoke Authority of not to exceed $60,000,000 aggregate principal amount of the Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Roanoke Memorial Hospitals, Community Hospital of Roanoke Valley, Bedford County Memorial Hospital, Giles Memorial Hospital and Radford Community Hospital Project) Series 1992 for the purpose of (i) financing a portion of the costs of the Project, (ii) refunding the Prior Bonds, (iii) paying a portion of the interest accruing on the Bonds during the acquisition and renovation of the Project, and (iv) paying certain expenses incurred in connection with the authorization and issuance of the Bonds. Section 2. The Mayor or the Vice Mayor, the Clerk or any Deputy Clerk of the Council are hereby authorized and directed, on behalf of the Council, to take any and all action necessary, including the execution of any documents, to cons,,mmate the sale of the Bonds in conformity with the provisions of this resolution. Section 3. The approval of the issuance of the Bonds, as required by Section 147(f) of the Internal Revenue Code of 1986, as amended and the Act, does not constitute an endorsement to any prospective purchaser of the Bonds of the creditworthiness of RMV, CHRV, BCMH, RCH or GMH, and, as required by the Act, the Bonds shall provide that neither the Commonwealth of Virginia, the City nor the Roanoke Authority shall be obligated to pay the principal of, the redemption premium, if any, or the interest on the Bonds or other costs incident thereto except from the revenues and funds pledged therefor and neither the faith or credit nor the taxing power of the Commonwealh of Virginia, the City nor the Roanoke Authority shall be pledged thereto. Section 4. This Resolution shall take effect immediately upon its passage. 4 ATTEST: City Clerk 5 .o× '92 -4 "! (703) ~24-8OOO FAX (703) 224-8050 February 4, 1992 HAND DELIVERED Members of the Roanoke City Council c/o Mary F. Parker, Clerk Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Re: Industrial Development Authority of the City of Roanoke, Virginia/S60,000,000 Revenue Bond Financing (Carilion Project) Series 1992 Dear Ladies and Gentlemen: On behalf of the Industrial Development Authority of the City of Roanoke, Virginia which held a public hearing on January 29, 1992 at 10:00 a.m., we are forwarding a Certificate of Publication (with a statement of that no comments were received from the general public on the proposed financing) as well as a Resolution of the Authority recommending that City Council approve the issue. Also enclosed with this transmittal is a Resolution to be considered by City Council at its meeting now scheduled for February 10th. Thanks very much for your kind consideration. Cordially yours, Harwell M. Darby, Jr. HMDJR:met:0042082 Enclosures CC: Wilburn C. Dibling, Jr., Esq. w/enc. Mr. W. Robert Herbert w/enc. Mr. Brian W. Wishneff w/enc. 5.. Attached hereto as Exhibit C is a fiscal impact statement in conformance to §15.1-1378.2 of the Code. WITNESS my hand t~--~ ~y of January, 1992. J ~ ~ Indu ?~q~Development Authority of tl o~Cit~of Roanoke, Virginia Attachments: A - Copy of Notice and Publisher's Certificate B - Resolution C - Fiscal Impact Statement 2 i~) ~O~'l~zK 11319963 PUZ~LI SH~I' S FSG $717o8D 200 FIRST C,~ 1P,,_LL F,(]*~ ~O ~:: VA 24011 ST~qTE OF VIRGINIi CITY OF RO,:~N!]~ AFFIDAVIT UP PU6LICATIO;i I, (THE UNOERSIGi,;SD) ~,'~ qUfHOk[Z~O &~PR~SENTMI'Ivr OF THS TI~'I~S-WORLD COR- P(]~,A'[ICiN, WHICH COKPORATION IS PUmLISH~R ~)~ l'tiS ROANOK~ TIMGS ~ WORLD-~S, A I'HE STATE OF VZ~',~I iI~, Dd CE~iTI~Y THAT T~ ~;N:X ~0 ;~]1'1(~ wqS PUSL!SH~L~ IN SAID i Ir` ') ' 'i · ~IT;'iESS, lrilS ')3R '~ .... ~ u tJAY ur JANUAr, Y lv,~. · PUBLIC HEARING r BY THE INDUSTRIAL DEVELOPMENT poled to be'finanCed by the: lion of certain capital BCMH hospital facilities and to refund cel'taln other exist- Ino Indebtedness of BCMH the proceeds of which were used to construct, renovate and equip the BCMH hospital facll- Ities~ (c) refunding certain velopment Authority of the City of Bedford, VIrgln[a for the benefit of GMH the pro- ceeds of which were used to tlons fo the G/~H hospital fa- cilities and the acquisition of 'use In the GMH hospital facili- GMH the proceeds of which or In c0nnectldn with the GMH the acquisition o f certain capl- Hospita! ( ~CMH i) a portion ~ast a~ccrulngbn the BondsdurL · ~ie~a,~r~ln-~ol~n~l~ri~th ~Jl~d~l.~ll~L-~lr~!ace 'of EXHIBIT A EXHIBIT B RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA AUTHORIZING, AMONG OTHER THINGS, THE ISSUANCE OF NOT TO EXCEED $60,000,000 AGGREGATE PRINCIPAL AMOUNT OF HOSPITAL REVENUE BONDS (ROANOKE MEMORIAL HOSPITALS, COMMUNITY HOSPITAL OF ROANOKE VALLEY, BEDFORD COUNTY MEMORIAL HOSPITAL, 'GILES MEMORIAL HOSPITAL AND RADFORD COMMUNITY HOSPITAL PROJECT) SERIES 1992 WHEREAS, the Industrial Development Authority of the City of Roanoke, Virginia (the "Authority") is a political subdivision of the Commonwealth of Virginia and is authorized under Chapter 33, Title 15.1, code of Virginia of 1950, as amended (the "Act"), to make and execute financing agreements, contracts, deeds and other instr%l~ents necessary or convenient for the purpose of facilitating the financing of certain projects required or useful for health care purposes, including furnishings, machinery, equipment, land, rights in land and other appurtenances and facilities related thereto, to the end that the Authority may be able to promote the improvement of health and living conditions of the people of the Commonwealth of Virginia, increase opportunities for gainful employment, improve health care and otherwise aid in improving the prosperity and welfare of Virginia and its inhabitants, and to provide such financing through the issuance of revenue bonds; and WHEREAS, Roanoke Memorial Hospitals ("RMH") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the commonwealth of Virginia, which owns and operates a health care facility located in the City of Roanoke, Virginia; and WHEREAS, Community Hospital of Roanoke Valley ("CHRV") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in the City of Roanoke, Virginia; and WHEREAS, Giles Memorial Hospital, Incorporated (',GF~H") is a private nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the commonwealth of Virginia, which owns and operates a health care facility located in the Town of Pearisburg, Giles County, Virginia; and WHEREAS, The Radford Community Hospital, Incorporated ("RCH") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in the City of Radford, virginia; and WHEREAS, Bedford County Memorial Hospital, Incorporated ("BCMH") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in the City of Bedford, Virginia; and WHEREAS, the Authority desires to issue its revenue bonds for the following purposes: (I) (a) financing for RMH a portion of the costs of (i) renovating certain portions of the RMH hospital facilities, and (ii) acquiring certain capital equipment for use in or in connection with the RMH hospital facilities (the ,,RMH Project"), (b) financing for CHRV a portion of the costs of (i) renovating certain portions of the CHRV hospital facilities, and (ii) acquiring certain capital equipment for use in or in connection with the CHRV hospital facilities (the "CHRV Project"), (c) financing for GMH a portion of the costs of (i) expanding and renovating the emergency room, (ii) renovating certain other portions of the GM/{ hospital facilities, and (iii) acquiring certain capital equipment for use in or in connection with the GMH hospital facilities (the "GMH Project"), (d) financing for BCMH a portion of the costs of (i) renovating certain portions of the BCMH hospital facilities, and (ii) acquiring certain capital equipment for use in or in connection with the BCMH hospital facilities (the "BCM]{ Project"), and (e) financing for RCH a portion of the costs of (i) expanding and renovating the emergency room, radiology and admissions are~, (ii) renovating certain other portions of the RC~ hospital facilities, and (iii) acquiring certain capital equipment for use in or in connection with the RCH hospital facilities (the "RCH Project") (the ~{MH Project, the CHRV Project, the GMH Project, the BCI~H Project and the RCH Project are hereinafter collectively referred to as the "Project"); and (II)(a) refunding certain bonds previously issued on December 11, 1985 by the Authority for the benefit of R~H the proceeds of which were used to finance or refinance the acquisition and installation of certain fixtures, furniture, machinery and equipment for use in the RMH hospital facilities and to refund certain other bonds of the Authority issued on August 31, 1988 for the benefit of RMV; (b) refunding certain bonds previously issued on July 21, 1989 by the Industrial Development Authority of the City of Bedford, Virginia for the benefit of BCMH the proceeds of which were used to finance the renovation of certain portions of the BCMH hospital facilities and the acquisition of certain capital equipment for use in the BCMH hospital facilities and to refund certain other existing indebtedness of BC/~H the proceeds of which were used to construct, renovate and equip the BCMH hospital facilities, (o) refunding certain bonds previously issued on July 21, 1989 by the Industrial Development Authority of the city of Bedford, Virginia for the benefit of GMH the proceeds of'which were used finance or refinance renovations to the GM]{ hospital facilities and the acquisition of certain capital equipment for use in the GMH hospital facilities and to refund certain other existing indebtedness of GMH the proceeds of which were used to renovate, expand and equip the GM~ hospital facilities, (d) refunding certain bonds previously issued on September 13, 1990 by the Industrial Development Authority Of the city of Radford for the bed%efit of RCH the proceeds of which were used to finance the acquisition, expansion, renovation and equipping of certain portions of the RCH hospital facilities, expanding and equipping a building at 707 Randolph Street which building is used as office space for RCH and physicians, and to refund certain other existing indebtedness of RCH the proceeds of which were used to finance the construction, renovation and equipping of certain portions of the RCH hospital facilities; (e) refunding certain bonds previously issued on July 12, 1984 by the Industrial Development Authority of Giles County, Virginia for the benefit of G~{ the proceeds of which were used to finance or refinance T~he acquisition of certain capital equipment for use in the GM]{ hospital facilities, and (f) refinancing a certain taxable lean dated october 22, 1990 to GMH from Dominion Bank, National Association the proceeds of which were used to finance or refinance the acquisition of certain capital equipment for use in the GM~ hospital facilities (the above-described bonds and loans to be refunded are hereinafter collectively referred to as the "Prior Bonds"); and WHEREAS, the Authority had determined that the issuance of its Hospital Revenue Bonds (Roanoke Memorial Hospitals, Community Hospital of Roanoke Valley, Bedford County Memorial Hospitai, Giles Memorial Hospital and Radford Community Hospital Project) Series 1992 in the aggregate principal amount not to exceed $60,000,000 will accomplish the purposes of the Act and promote the health and welfare of the inhabitants of the City of Roanoke, Virginia and surrounding areas by improving the hospital facilities of RMH, CHRV, BOM/{, RC~ and GMH; and WHEREAS, the City council of the city of Bedford, Virginia (the "Bedford Council") must first approve the issuance of the bonds by the Authority before BCM~ can participate in the financing; and WHEREAS, the Board of Supervisors of Giles County,' Virginia '(the "Giles Board") must first approve the issuance of the bonds by the Authority before GM~ can participate in the financing; and WHEREAS, the City Council of the City of Radford, Virginia (the "Radford Council") must first approve the issuance of the bonds by the Authority before RCH can participate in the financing; NOW TH]~R~FORE, BE IT RESOLVED by the Industrial Development Authority of the City of Roanoke, Virginia: SECTION 1. Pursuant to the authority granted to it by the Act, the Authority hereby authorizes the issuance of the Industrial Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Roanoke Memorial Hospitals, Community Hospital of Roanoke Valley, Bedford County Memorial Hospital, Giles Memorial Hospital and Radford Community Hospital Project) Series 1992 in ~he aggregate principal amount not to exceed $60,000,000 (the "Bonds") for the purpose of (i) finanoing a portion of the costs of the Project, (ii) refunding the Prior Bonds, (iii) paying a portion of the interest accruing on the Bonds during the acquisition and renovation of the Project, and (iv) paying certain expenses incurred in connection with the authorization and issuance of the Bonds and such issuance is authorized regardless of whether or not the Bedford Council, the Radford Council or the Giles Board consents to the issuance of the Bonds and thus whether or not BCMH, RCH or GMH is eligible to participate in the financing. SECTION 2. The Authority hereby recommends that the City Council of the City of Roanoke, Virginia (the "Roanoke Council"), the Bedford Council, the Radford Council and the Giles Board approve the financing of the Project, the refunding of the Prior Bonds and the issuance of the Bonds. SECTION 3. The Chairman or Vice Chairman and the Secretary or any Assistant Secretary of the Authority are hereby authorized and directed to deliver to the Roanoke Council, the Bedford Council, the Radford Council and the Giles Board (a) a reasonably detailed summary of the comments expressed at the public hearing held in connection with the issuance of the Bonds, (b) a fiscal impact statement concerning the Project and the Bonds in the form specified in Section 15.1-1378.2 of the Act, and (c) a.copy of this resolution, which constitutes the recommendation of the Authority that the RoanOke Council, the Bedford Council, the Radford Council and the Giles Board approve the financing of the Project, the refunding of the Prior Bonds and the issuance of the Bonds. SECTION 4. This Resolution shall take effect immediately upon its passage. EXHIBIT C $60,000,000 AGGREGATE PRINCIPAL AMOUNT HOSPITAL REVENUE BONDS (ROANOKE MEMORIAL HOSPITALS, COMMUNITY HOSPITAL OF ROANOKE VALLEY, GILES MEMORIAL HOSPITAL, INCORPORATED, THE RADFORD COMMUNITY HOSPITAL, INCORPORATED AND BEDFORD COUNTY MEMORIAL HOSPITAL) JANUARY 29, 1992 FISCAL IMPACT STATEMENT o Maximum amount of financing sought AGGREGATE $60,000,000 Estimated taxable value of the facility's real property to be constructed in the municipality Estimated real property tax per year using present tax rates Estimated personal property tax per year using present tax rates Estimated dollar value per year of goods and services that will be purchased locally Estimated number of regular employees on year-round basis (net new jobs) Average annual salary per employee N/A N/A N/A $40,000,000 Radford Bedford Giles Roanoke Radford Bedford Giles Roanoke $11,326,612 4,717,774 5,617,297 32,688,317 N/A N/A N/A $ 8,400,000 5,600,000 4,000,000 24,000,000 N/A N/A $ 15,000 $ 15,000 Chairma~ Industrial ~velopment Authority of th~ City~f Roanoke, Virginia Office of the City Clerk February 13, 1992 File #122 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report with regard to auto racing at Victory Stadium as requested by Mr. Donald "Wnitey" Taylor, was before the Council of the City of Roanoke at a regular meeting held on Monday, February 10, 1992. On motion, duly seconded and unanimously adopted, Council concurred in your recommendation to approve eight auto racing dates (averaging two per month), contingent upon development and execution of an appropriate license agreement for approval by Council at a regular meeting to be held on Monday, April 6, 1992. Sincerely,_.~ f/~L~ /' - Mary F. Parker, CMC/AAE City Clerk MFP: sw pc: Mr. Donald F. Taylor, 2823 Williamson Road, N. W., Suite 8, Roanoke, Virginia 24012 Mr. Edward A. Natt, Attorney, P. O. Box 20068, Roanoke, Virginia 24018 Mr. George C. Snead, Jr., Director, Administration and Public Safety Mr. Gary N. Fenton, Manager, Parks and Recreation/Grounds Maintenance Mr. William F. Clark, Director, Public Works Ms. Dolores C. Daniels, Assistant to the City Manager for Community Relations Ms. Lauron G. Eib, Risk Management Officer Room 456 Municipal Building 515 Church Avenue. S.W. Roanoke, Virginia 24011 (703) 981.2541 Honorable Mayor Noel C. Taylor and Members of City Council Roanoke, Virginia Roanoke, Virginia February 10, 1992 Dear Mayor and Members of Council: SUBJECT~ AUTO RACING AT VICTORY STADIUM I. BACKGROUND: Mr. Donald "Whitev" Taylor requested and was granted permission to conduct three (3) racing events at Victory Stadium in 1991. License Aqreement was developed by City staff to address issues such as safety, parking, protection of property, noise, and crowd control. Mr Taylor agreed to abide by the stipulations of the agreement. Problems durinq races included some minor facility damage, two (2) injury claims, and some disruptive behavior on the part of a few drivers and crew members, which "Security" handled effectively. Payments to the insurance agent were late and jeopardized insurance coverage for the last two (2) races. In addition, scheduling races "back-to-back,, with other stadium events required significant overtime and created hardship for administrative and maintenance staff, as well as creating logistical conflicts with these events. Promoter's interpretatioD of some license agreement stipulations was inconsistent with City staff's. This often led to problems and misunderstandings during, between and after race events. ~ver nois__ge appeared to be caused more by the public address system than by the muffled race cars. F. Paid attendance for the three (3) races totalled 6,861 persons. Mayor and Members of Council February 10, 1992 Page 2 II. CURRENT SITUATION: For 1992, twenty (20) race dates have been requested by Mr. Taylor, who is proposing that races be held from 8 PM to 11 PM on Fridays. Be Proposal also includes some other agreement with regard to barricades, and insurance. Also requested are modifications in the track area. changes in the security, bonding some construction Friday dates currently availabl~ include May 1, June 12, July 10, 17, 24 and 31, and August 7, 14 and 21. (Patrick Henry High School has reserved May 8 for a soccer game with Cave Spring, and May 13-15 for the Roanoke Valley District Soccer Tournament. Festival in the Park has reserved May 22 - May 31, American Cancer Society has reserved June 5-7, the Gary Clark Sports Camp is in the stadium June 14 through 20, the Commonwealth Games are scheduled for June 26 and 27, the Roanoke Times has reserved July 3 and 4 for the "Music For Americans,, program, and high school football begins August 28.) III. ISSUES: A. Facility Availability B. Public Address Noise C. License Aqreement IV. ALTERNATIVES: ADDrove eiaht (8) auto racinq dates, (averaging two per month) contingent upon development and signing of a license agreement, recommended by the City Manager, approved as to form by the City Attorney, and approved by City Council at a future date. Facility is currently availablm on nine (9) Fridays. Racing dates proposed for 1992 are as follows: Fridays, May 1, June 12, July 10, 17, and 24, Aug.7 and 21, and Monday, Sept. 7 (Labor Day). Public Address Nois~ could be controlled by limiting spectators to the west stands, and requiring the promoter to have temporary speakers installed (on the field and directed into the west stands) for each race. Mayor and Members of Council February 10, 1992 Page 3 License Aqreement will be drafted by City Attorney and brought back to Council for approval by April 6, 1992, assuming the concurrence by all parties. Do not apDrove auto racinq in Victory Stadium for 1. 2. 1992. Facility Availability is moot. Public Address Noise would not be an issue for auto racing. License aqreement is unnecessary. RECOMMENDATION= City Council concur in Alternative "A" and direct city staff to develop an appropriate License Agreement, with Mr. Taylor and his Attorney, and bring the agreement back to City Council for approval by April 6, 1992. Respectfully submitted, W. Rober~ Herbert City Manager WRH:GNF:gnf CC: Mr. Donald F. "Whitey" Taylor Mr. Edward A. Natt, Esquire City Attorney Director of Finance Director of Administration and Public Safety Director of Public Works Manager, Parks, Recreation and Grounds Risk Management Officer Mary Parker - For your information. Office of the Ci~/Manager February 10, 1992 The Honorable Mayor Noel C. Taylor and Members of Roanoke City Council Roanoke, Virginia Dear Mayor and Members of Council: Attached is a Council Report concerning Mr. Donald "Whitey" Taylor's request to again have racing at Victory Stadium. Last year's racing was a time consuming yet informative experience for the City staff involved. If racing is approved for this year, pre-season preparations should involve less staff time than in 1991. Much of the "leg-work" has already been done. Last year's racing program attracted $,86~ paid spectators. Admission was $5 for the first race and $7 for subsequent races. Children under ten (10) years of age were admitted free. A record of 1991 race statistics has been attached for your information. In general, crowd behavior at the races was quite acceptable, with few if any incidents. Although two drivers and members of their pit crews did have an altercation during the September 2nd races, the security staff addressed the problem quickly and efficiently. During the last race of the summer, a member of Mr. Taylor's staff, serving as a flag man on the infield, was hit by a barricade tire when it was struck by a race car. He was promptly taken to Roanoke Memorial Hospital. Though we believe his injuries were ultimately judged to be minor, the insurance claim for the hospital visit totalled approximately $2,600. Mr. Taylor's insurance covered this expense. In addition, a spectator fell and sustained minor injuries requiring several stitches, and attempted to file claim with Mr. Taylor. Recently, the claimant has been in contact with the Risk Management Officer, Lauren Eib, regarding the incident. Ms. Eib has contacted Mr. Taylor's insurance carrier to settle the claim. As shown in the race statistics, net revenues generated for the City as a result of the 1991 racing program totalled $7,467.55. However, this does not take into account the immense amount of time spent by salaried employees in preparing the agreement and overseeing the season. These employees were predominately with the Parks and Recreation Department, Risk Management Office, and City Attorney's Office. Room 364 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2333 Mayor and Members February 10, 1992 Page 2 of Council Although we did receive a few complaints regarding litter and traffic, most complaints received from the surrounding neighborhoods centered on noise. However, it was generally considered to be the noise of the loud speakers that created the problem, not the noise of the cars themselves. Staff are currently investigating a long range solution to the problem, one which addresses both sound system and scoreboard improvements. It appears that this solution, however, will be expensive. In the meantime, the noise overflow problem can be addressed through a temporary sound system broadcasting directly into the stands - being installed on the infield for each race. On several occasions during the season, Mr. Taylor claimed that he misunderstood certain stipulations outlined in the agreement or established by City staff. Racing barricades were not removed in a timely manner, junked cars were brought into the stadium without notice to City staff, insurance problems surfaced on several occasions, City guidelines were not followed during a practice session, and some of the concrete barricades were removed from the stadium just prior to the final race. Staff will take steps to clarify such misunderstandings in developing a race agreement for 1992, in order to avoid recurrence of such problems. Mr. Taylor has requested several changes to this year's agreement, and staff will consider each request. It should be noted however, that "racing expertise" among staff, though increasing, is still somewhat limited. Staff nevertheless feel a responsibility to the public, spectators, participants, and City Council to take every reasonable precaution in assuring that the risks to person and property are minimized. If we err in establishing guidelines, we hope to err on the side of being too safe, rather than not being safe enough. It should also be noted that the insurance carrier may mandate certain policies and procedures regarding the staging and operation of the 1992 auto races. Sincerely, W. Robert Herbert City Manager WRH/gf Attachments GROSS SALES TICKET SALES COMP TICKETS ADMISSION TAX FACILITY RENT CONCESSION SALES MF, ALSTAX CONCESSION FEE PROMOTER NET 1991 AUTO P~CING AT VICTORY STAD~N MAY 27 JULy 5 SEPT 2 TOTAL~ 17,830.00 $ 13,671.00 $ 9,394.00 $ 40,895.00 3,566 @ $5 1,953 @ $7 1,342 @ $7 6861 14 350 716 1080 852.38 $ 767.67 $ 686.00 $ 2,306.05 1,908.48 $ 1,591.60 $ 1,265.73 $ 4,765.81 5,850.00 $ 3,100.00 $ 1,420.10 $ 10,370.10 234.00 $ 124.00 $ 56.80 $ 414.80 1,782.47 $ 944.55 $ 432.70 $ 3,159.72 10,246.70 $ 9,376.02 $ 5,623.84 $ 25,246.56 Practica session Rant: 5/23/91 = $ 2oo.oo 8/28/91 = 350.00 $ 550.00 CITY NET Admission Tax Facility Rent Concession Fee Meals Tax HOURLY E/(PLOYEES (ASSIGNED SPECIFICALLY TO RACING) $ 2,306.05 5,315.81 3,159.72 414.80 $ 11,196.38 $ 3,728.83 $ 7,467.55 Office of the City Clerk February 13, 1992 File #22 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30873-021092 authorizing you or your designee to enter into a contract with the Virginia Department of Health relating to operation of the local Health Department, such contract establishing the financial contributions of City Council and the Commonwealth to the local Health Department and public health services to be rendered by such Department, upon certain terms and conditions. Resolution No. 30873-021092 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 10, 1992. Sincerely, ~O~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc o pc: Mr. James D. Ritchie, Director, Human Resources Dr. Donald R. Stern, Director, Roanoke City Health Department Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th Day of February, 1992. No. 30873-021092. A RESOLUTION authorizing the City Manager or his designee to enter into a contract with the Virginia Department of Health relating to the operation of the local Health Department, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or his designee, and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the requisite contract with the Virginia Department of Health, pursuant to ~32.1-31, Code of Virginia (1950), as amended, such contract establishing the financial contributions of the City Council and the Commonwealth to the local Health Department and the public health services to be rendered by such Department, a copy of such contract being attached to the report of the City Manager, dated February 10, 1992, and on file in the Office of the City Clerk, to be in form approved by the City and upon such other terms and conditions as are provided Attorney, therein. ATTEST: City Clerk. Honorable Mayor and City Council Roanoke, Virginia Roanoke, ¥irginia February 10, 1992 Dear Members of Council: SUBJECT: VIRGINIA STATE DEPARTMENT OF HEALTH AND THE CITY OF ROANOKE CONTRACT FOR SERVICES I. BACKGROUND Ao Local commitment statement was used in previous years to certify that City Council appropriated a given amount for the support of the Roanoke City Health Department. Health Laws of Virginia, Chapter 1, Article 5, Paragraph 32.1-31, "Operation of local health department under contract with Board; district health departments," states (in part): A governing body of a City may enter into a contract with the Board for the operation of the local health department in such City. The contract between the City and the Board shall specify the services to be provided in addition to the services required by law and shall contain other provisions as the Board and the governing body may agree upon. II. CURRENT SITUATION Ao Local commitment statement was declared obsolete July 1, 1987 and replaced by attached contract and services checklist. Contract and services checklist must be completed per instructions received by the State Health Department from Dr. Robert B. Stroube, Deputy Commissioner for Community Health Services, dated September 27, 1988. Contract between the Commonwealth of Virginia and City of Roanoke is necessary for proper billing to localities for health and environmental services. Contract establishes that legal defense with respect to services performed pursuant to local ordinance, services performed pursuant to State enabling legislation set out in Title 15.1 of the State Code, and other services set out in Attachment A(2) of the contract will be provided by the City Attorney. This may impose an additional burden on this office. The 1991-92 Health Department Budget is based on approved funding as follows: a. State - $1~500~311.00 b. Local - $1.0457278.00 (includes ~22,223.00 - School Health Nurse) III. ISSUES A. B. Funding. C. Legal. IV. ALTERNATIVES A. Services to citizens. City Council authorize the City Manager or his designee to execute a contract approved by the City Attorney with the State Health Department as provided for in the Health Laws of Virginia. 1. Services to citizens would be continued. 2. Funding has been approved by the State and City. 3. Legal requirements would be met. Do not authorize the City Manager or his designee to execute a contract with the State Health Department as provided for in the Health Laws of Virginia. Services to citizens could be discontinued by the State, and eligible Roanoke City citizens would not receive health department services. 2. Funding would not be made available by the State. 3. Legal requirements and compliance with Health Laws of Virginia would not be met. V. RECOMMENDATION City Council concur in the implementation of Alternative A and authorize the City Manager or his designee to execute a contract approved by the City Attorney with the State Health Department as provided for in the Health Laws of Virginia. Respectfully submitted, W. Robert Herbert City Manager WRH/DRS/JDR/gor CC: Joel Schlanger, Director of Finance Nilburn C. Dibling, City Attorney James D. Ritchie, Director of Human Resources Dr. Donald R. Stern, Director, Roanoke City Health Department Attachment CO~ONWEALTH OF VIRGINIA DEPARTMENT OF HEALTH STATEMENT OF AGREEMENT WITH Citer of Roanoke __City Council of the (Board of Supervisors or City Council of County or City) Under this agreement, which is created in satisfaction of the requirements of § 32.1-31 of the Code of Virginia (1950), as amended, the Virginia Department of Health, over the course of one fiscal year, will pay an amount not to exceed $ 1~$00,811 , in accordance with appropriations by the General Assembly, and in like timeframe, the City Council of the City of Roanoke (Board of Supervisors or City Council), will provide by appropriation a sum of $ I, 037~862 . These joint funds will be distributed in timely installments, as services are rendered in the operation of the Roanoke City Health Department, which shall perform public health services to the Commonwealth as indicated in Attachment A(1.), and will perform services required by local ordinances as indicated in Attachment A(2.). The term of this agreement is one year, beginning July, 1, 1991 The parties agree that: 1. Under this agreement, as set forth in paragraphs A, B, C, an~ D below, the Commonwealth of Virginia and the Virginia Department of Health shall be responsible for providing liability insurance coverage and will provide legal defense for state employees of the local health department for acts or occurrences ~ arising from performance of activities conducted pursuant to state statutes and regulations. A. The responsibility of the Commonwealth and the Virginia Department of Health to provide liability insurance coverage shall be limited to and governed by the Self-Insured General Liability Plan for the Commonwealth of Virginia, established under § 2.1-526.8 of the Code of Virginia. Such insurance coverage shall extend to the services specified in Attachments A(1.) and A(2.), unless the locality has opted to provide coverage for the employee under the Public Officials Liability Self-Insurance Plan, established under § 2.1-526.8:1 of the Code, or under a policy procured by the locality. B. The Commonwealth and the Virginia Department of Health will be responsible for providing legal defense for those acts or occurrences arising from the performance of those services listed in Attachment A(1.), conducted in the performance of this contract, as provided for under the Code of Virginia and as provided for under the terms and conditions of the Self-Insured General Liability Plan for the Commonwealth of Virginia. C. Services listed in Attachment A(2.), any services performed pursuant to a local ordinance, and any services authorized solely by Title 15.1 of the Code of Virginia, when performed by a state STATEMENT OF AGREEMENT Page 2 employee, are herewith expressly excepted from any requirements of legal defense or representation by the Attorney General or the Co~mmonwealth. For purposes of assuring the eligibility of a state employee performing such services for liability coverage under the Self-Insured General Liability Plan of the Commonwealth of Virginia, the Attorney General has approved, pursuant to §2.1- 121 of the Code of Virginia and the Self-Insured General Liability Plan of the Com~onwealth of Virginia, the legal representation of said employee by the city or county attorney, and the City Council of th~ City of Roannke (Board of Supervisors or City Council) hereby expressly agrees to provide the legal defense or representation at its sole expense in such cases by its local attorney. D. In no event shall the Commonwealth or the Virginia Department of Health be responsible for providing legal defense or insurance coverage for local government employees. 2. Title to equipment purchased with funds appropriated by the local government and transferred to the state, either as match for state dollars or as a purchase under appropriated funds expressly allocated to support the activities of the local health department, will be retained by the Commonwealth and will be entered into the Virginia Fixed Asset Accounting and Control System. Local appropriations for equipment to be locally owned and controlled should not be remitted to the Commonwealth, and the local government's procurement procedures shall apply in the purchase. The locality assumes the responsibility to maintain the equipment and all records thereon. 3. Amendments to or modifications of this contract must be agreed to in writing and signed by both parties. State Health Commissioner Virginia Department of Health Local authorizing officer Title Date Date Approved as to form: (Office of the Attorney General) Date Attachments: LOCAL GOVERNMENT AGREEMENT, ATTACHMENT A(1.) LOCAL GOVERNMENT AGREEMENT, ATTACHMENT A(2.) H-DKs-2 LOCAL GOVERNMENT AGREEMENT, ATTACHMENT VIRGINIA DEPARTMENT OF HEALTH COMMUNITY HEALTH SERVICES MEDICAL CARE SERVICES BASIC PUBLIC HEALTH SERVICES TO BE PROVIDED BY LOCAL HEALTH OEPARTNENTS INCOME LEVEL A IS DEFINED BY THE BOARD OF HEALTH TO BE MEDICALLY INDIGENT (32.1-11) For Each Service Provided, Check Block for Highest Income Level Served COMMUNICABLE DISEASE SERVICES Childhood Immunizations As provided for in 32.1-46 Sexually transmitted disease screening, diagnosis, treatment, & surveillance 32,1-57 Surveillance of reportable communicable diseases, food borne disease outbreaks, and other unusual disease outbreaks 32,1-39 and Rules am R~u)atio~ Tuberculosis control screening, diagnosis, treateent, and surveillance 32.1-49 and 32.~-54 CHILD HEALTH SERVICES Children Specialty services; diag~sis treatment, follow--up, and parent teaching 32.1-77, 32.1-89 and 32.1-90 Screening for genetic traits end inborn errors of met~olism, am provision of dietary $~plements 32.1-65 am 32,1-69 X B ~ C X ~ X X X X f Well child care up to agelB(enter year)i X WIC X EPSDT (Medicaid) x ~ X D E F ~ X X X X X X X X X X X X ~ D E F ~ X X X X X X x x X x I REVISED JUNE, 1991 PAGE 1 OF 8 PAGES OF ATTACHMENTS LOCAL GOVERNMENT AGREEMENT, ATTACHMENT A(1.) VIRGINIA DEPARTMENT OF HEALTH COMMUNITY HEALTH SERVICES MEDICAL CARE SERVICES CONTINUEO BASIC PUBLIC HEALTH SERVICES TO BE PROVIDEO BY LOCAL HEALTH DEPARTMENTS INCOME LEVEL A IS DEFINED BY THE BOARD OF HEALTH TO BE MEDICALLY INDIGENT (32.1-11) For Each Service Provided, Check Block for Highest Income Level Served MATERNAL HEALTH SERVICES Prenatal and post partum care for low risk and intermediate risk women 32.1-77 A B X X C X X Babycare Services X WIC X i X FAMILY PLANNING SERVICES C D Clinic services including drugs and contraceptive s~lies Pregnancy testi~ a~ counseling X X X X X X X ~ X D E F i X X X X X X REVISED JUNE, 1991 PAGE 2 OF 8 PA~S OF ATTACHMENTS LOCAL GOVERNMENT AGREEMENT, ATTACHMENT Ail.) VIRGINIA DEPARTMENT OF HEALTH COMMUNITY HEALTH SERVICES ENVIRONMENTAL HEALTH SERVICES The following services ~erformed in accordance with the provisions of the Code of Virginia, the regulations of the) Board of Health and/or VDH agreements with other state or federal agencies, Ice Cream/Frozen Dessert X Investigation of Communicable Diseases X Marinas X Migrant Labor Camps X Milk X On Site Sewage'Disposal (SHDR) X Rabies Control X Restaurants X Sanitary Surveys X Single Home Sew~e Discharge (VPDES) X Tourist Establishment Inspection X Water Supply Sanitation X ~ Wells X ~ Homes For A~lts X Daycare Centers X ~ X t Sum~r Ca~s REVISED JUNE, 1991 PAGE 3 OF 8 PAGES OF ATTACHMENTS LOCAL GOVERNMENT AGREEMENT, ATTACHMENT A(1,) VIRGINIA DEPARTMENT OF HEALTH COMMUNITY HEALTH SERVICES OTHER PUBLIC HEALTH SERVICES The following services performed in accordance with the provisions of the Code of Virginia, the regulations of thei Board of Health and/or the policies and procedures of the State Department of Health, STATE Medicaid Nursing Home Screening X Medicaid Preauthorizations X Vital Records (Death Certificates) X Other (List) REVISED JUNE, I99I PAGE 4 OF 8 PAGES OF ATTACHMENTS LOCAL GOVERNMENT AGREEMENT, ATTACHMENT A(I.) VIRGINIA DEPARTMENT OF HEALTH COMMUNITY HEALTH SERVICES OPTIONAL PUBLIC HEALTH SERVICES For Each Service Provided, Check Block for Highest Income Level Served COMMUNICABLE DISEASE SERVICES A ~ B C D E Foreign Travel Immunizations X X X i X Community Education X X CHILD HEALTH SERVICES A B Babycare Services X X Sick child care Blood lead level testing School Health Services Outreach Community Education X ~ X Other: CHIP i X MATERNAL HEALTH SERVICES A : Funds for deliveries X Funds for specia) tests and drugs Diagnosis, treata~t, and referral for gynecological problems Community Education Outreach FAMILY PLANNING SERVICES i Outre~h Community Education Other: X A X X X X X X X X X B ! O X X X X X X ¸ O D X X X X X X X x x x X ~ X X xix x xi O 0 E x x x x x X X o ~ x ~x i X ; X ] E F X ! X X X ~ X REVISED JUNE, 1991 PAGE 5 OF 8 PAGES OF ATTACHMENTS ~: ~(l.) ViRGINiA qEPARTMEN! OF HEALTH COMMUNITY HEALTH SERVICES OPTIONAL PUDLIC HEALTH SERVICES CONTINUED For Each Service Provided, Check Block for Highest Income Level Served GENERAL MEDICAL SERVICES A 8 C D E F ; Activities of Daily Living X X X X X X ......... ~ .... ~ ..... ~ ....... ~ ...... __~ .... J Community Education X X X X X X General Clinic Services X X X X X i X Home Health Services (skilled nursing and therapy) X i X + X Outreach X X Occupational Health Services Personal Care Pharmacy Services Hypertension screening, referral, and counse)ing Respite Care Services Other: SPECIALITY CLINIC SERVICES (List) DENTAL HEALTH SERVICES Preventive Clinic Services - Children Preventive Clinic Services - Adults Restorative Clinic Se~ices CommJnity E~cati~ Other: ~ X X x X x X X X X X X X X X X X X X X X X X X X X X X Ai mr cT o E A B C D i E x x ix x x x x x x x ) X X X X ~ X ~ X REVISED JUNE, 1991 PAGE 6 OF 8 PAGES OF ATTACHMENTS LOCAL GOVERNMENT AGREEMENT, ATTACHMENT A(2.) VIRGINIA DEPARTMENT OF HEALTH COMMUNITY HEALTH SERVICES PUBLIC HEALTH SERVICES PROVIDED UNDER LOCAL ORDINANCE Neither the Code of Virginia nor Regulations of the Board of Health requires the following services to be provided by the local health department. AUTHORITY TO PROVIDE SERVICE IS LOCAL ORDINANCE Accident Prevention Air Pollution Bird Control Employee Physicals General Environmental X Housing - BOCA & Local Building Codes X Insect Control X Noise Plumbing Radiological Health Rodent Control X Solid Waste Swimming Facilities a X Wee~ Smekin~ Ordanices Other Environmental Services (Identify) ! X Barber & Beauty Shop Inspec.~ I Grocery store delis REVISED JUNE, 1991 PAG~ 7 OF 8 PAGEB OF ATTACHMENTS LOCAL GOVERNMENT AGREEMENT, ATTACHMENT A(2.) VIRGINIA DEPARTMENT OF NEALTN COMMUNITY NEALTH SERVICES PUBLIC HEALTH SERVICES PROVIDED UNDER LOCAL ORDINANCES OR CONTRACT WITH LOCAL GOVERNMENTS For Each Service Provided, Check O)ock for Highest Income Level Served A D C D E F Emoloyee Physicals x x x x x x Primary Care for inmates in local jails or correctional institutions Other Medical Services (List) REVISED JUNE, 1991 PAGE 8 OF 8 PAGES OF ATTACHMENTS Office of the City Clerk February 13, 1992 File #27-207 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30875-021092 approving issuance of Change Order No. 2 to the City's contract with Mattern & Craig, Inc., for engineering services in connection with the Statesman Industrial Park project, in the amount of $10,000.00, for a total contract amount, including Change Order No. 2, of $336,985.00. Resolution No. 30875-021092 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 10, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc o pc: Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director, 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 Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk February 13, 1992 File #27-207 Mr. Stewart W. Hubbell Vice President Mattern & Craig, Inc. Consulting Engineers 701 First Street, S. W. Roanoke, Virginia 24011 Dear Mr. Hubbell: I am enclosing copy of Resolution No. 30875-021092 approving issuance of Change Order No. 2 to the City's contract with Mattern & Craig, Inc., for engineering services in connection with the Statesman Industrial Park project, in the amount of $10,000.00, for a total contract amount, including Change Order No. 2, of $336,985.00. Resolution No. 30875-021092 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 10, 1992. Sincerely, ~/~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc, Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th Day of February, 1992. No. 30875-021092. AN ORDINANCE approving the City Manager's issuance of Change Order No. 2 to the City's contract with Mattern & Craig, Inc., for engineering services in connection with the Statesman Industrial Park project; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 2 to the City's contract with Mattern & Craig, Inc., related to engineering services in connection with the Statesman Industrial Park project. 2. Such Change Order shall provide for the following changes in the work to be performed: ORIGINAL CONTRACT AMOUNT CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 1 $ 310,000.00 $ 326,985.00 CHANGE ORDER NO. 2: Level I environmental assessments on five parcels at $2,000 per parcel + 10~000.00 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 2 .$ 336,985.00 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Office of the City Clerk February 13, 1992 File #60-27-207 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30874-021092 amending and reordaining certain sections of the 1991-92 Capital Fund Appropriations, providing for the transfer of $10,000.00 from Public Improvement Bonds - Storm Drains 1992 to Statesman Industrial Park Storm Drain, to provide funds in connection with issuance of Change Order No. 2 to the City's contract with Mattern & Craig, Inc., for engineering services in connection with the Statesman Industriai Park project. Ordinance No. 30874-021092 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 10, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc o pc: Mr. W. Robert Herbert, City Manager Mr. WilLiam F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 10th Day of February, 1992. No. 30874-021092. AN ORDINANCE to amend and reordain certain sections of the 1991-92 Capital 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 Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A o riations Sanitation $ Statesman Industrial Park Storm Drain (1) .......... Capital Improvement Reserve Public Improvement Bond Series 1992 (2) ............ 1) Appropriations from Bonds 2) Storm Drains (008-052-9656-9001) $ 10,000 (008-052-9700-9176) ( 10,000) 1,049,971 486,985 8,234,785 7,111,025 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia February 10, 1992 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Change Order Number 2 Statesman Industrial Park Engineering: Bond Issue Stormwater Management Project I. Background: II. City Council awarded an engineering services contract to Mattern & Craig, Inc. at the regular meeting of July 23,1990 in the amount of $310~000.00. City Council authorized acquisition of six (6) parcels of land for the purpose of project construction at their regular meeting of September 23, 1991 and appropriated $150,000.00 for that purpose. City Council approved Change Order Number 1 at their regular meeting of November 18, 1991 in the amount of $16~985.00. The changes approved by Council consisted of investigations in anticipation of compliance with the new Federal Clean Water Act for the proposed detention basin and three (3) other minor changes in the scope of the work. Current Situation: Level I environmental assessments for all property being considered for acquisition are considered prudent in these days of environmental awareness. Change Order Number 2 is for providing necessary environmental assessments for the properties previously authorized for acquisition. The cost of Level I environmental assessments for five (5) properties, at $2~000.00 per parcel, is $10~000.00. Page 2 III. IV. Issues: A. Potential liability for environmental cleanup. B. Project budqet C. Cost of extra services D. Fundinq Alternatives: Authorize the City Manager to execute Change Order Number 2 to the contract with Mattern & Craig, Inc. Potential liability for environmental cleanup will be properly addressed. Project budget will not be adversely affected by this work as current estimates reveal that the project is within budget. Cost of extra services has been negotiated to an acceptable level and work completion is promised within an acceptable time frame. Fundinq is available in Public Improvement Bonds -Storm Drains 1992, account number 008-052-9700-9176. Refuse to authorize City Manager to execute Change Order Number 2 to the contract with Mattern & Craig, Inc. Potential liability for environmental cleanup will remain an unknown with the possibility of incurring into excessive cleanup costs. Project budget will not be adversely affected unless environmental problems are encountered that require cleanup. 3. Cost of extra services will not be an issue. 4. Funding will not be expended at this time. Page 3 WRH/CMH/mm cc: Recommendation: Authorize City Manager to execute Change Order Number 2 in the amount of $10,000.00 in a form acceptable to the City Attorney. Transfer $10,000.00 from the Public Improvement Bonds - Storm Drains 1992, account number 008-052-9700-9176 to Statesman Industrial Park Storm Drain account number 008-052-9656-9001 to fund Change Order Number 2. Respectfully submitted, W. Robert Herbert City Manager City Attorney Director of Finance Director of Public Works Director of Utilities & Operations City Engineer Construction Cost Technician Office of the City Clerk February 13, 1992 Mr. Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia File #467-/137 Dear Mr. Dibling: Your report with regard to~egulation of firearms and "look-alike" weapons was before the Council of the City of Roanoke at a regular meeting held on Monday, February 10, 1992. You were requested by Council Member Harvey to study the matter of regulating the sale of "look-alike" weapons. Sincerely, l~mJ F. Parker, CMC/AAE City Clerk MFP: sw Room 456 Municipal Buildincj 215 Church Avenue, S.W. Roanoke, Vir~]inia 240.1'1 (703) 98'1-2541 CITY OF ROANOKI . OFFICE OF THE CITYATI'O~ 484 MUNICIPAL BUILDING ROANOK~ VIRGINIA 24Ol1-15~ WlLBURN C. DIBLING, JR. February 10, 19 9 2 5.b.l. ~LL~M X PARSONS MARK ALLAN WILUAMS STEVEH 3. TALEVI KATHLEEN MARIE KRONAU The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Regulation of Firearms and "Look-Alike" Weapons Dear Mrs. Bowles and Gentlemen: At the City Council meeting of February 3, 1992, I was requested to report to Council with respect to the authority of City Council to adopt ordinances governing the purchase, possession, transfer, ownership, carrying or transporting of firearms. I was also requested to address the issue of "look- alike" weapons which have recently caused concern. I am pleased to provide this report on these important public policy issues. I. AUTHORITY TO REGULATE FIREARMS The leading case dealing with the efforts of Virginia local governments to regulate firearms is Stallinqs v. Wall, 235 Va. 313, 367 S.E.2d 496 (1988). In 1984, the City Council of the City of Virginia Beach adopted an ordinance requiring that any person desiring to acquire a pistol or revolver from a licensed firearms dealer must first obtain a permit from the city's chief of police. The ordinance further prohibited the chief from issuing any permit to any person under the age of 21; any convicted felon; any person committed to a mental institution; and certain other persons. Four citizens filed suit in the Circuit Court for the City of Virginia Beach challenging the ordinance on the basis that City Council had exceeded its authority under the Dillon Rule. The Circuit Court ruled that the City had authority to enact the ordinance, and the citizens took an appeal to the Supreme Court of Virginia. The Dillon Rule, relied upon by the citizens in challenging the Virginia Beach ordinance, provides as follows: "[A] municipal corporation possesses and can exercise the following powers, and no others: First, those granted in express words; second, those necessarily or fairly implied The Honorable Mayor and Members of City Council February 10, 1992 Page 2 in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation, not simply convenient, but indispensable. Any fair, reasonable doubt concerning the existence of power is resolved by the courts against the corporation, and the power is denied." Stallinqs v. Wall, Id. at 316. Virginia Beach argued that it had the authority to adopt its ordinance pursuant to S15.1-839, Code of Virginia (1950), as amended ("State Code"). This section provides that a municipal corporation "...shall have and may exercise all powers...not expresely prohibited by the Constitution and the general laws of the Commonwealth, and which are necessary or desirable to secure and promote the general welfare of the inhabitants of the municipality and the safety, health, peace .... " The Supreme Court of Virginia held, notwithstanding the Dillon Rule, that the City was authorized to enact its ordinance under the general grant of police power set out in 915.1-839 of the State Code. Although the Stallings case may represent a crack in the Dillon Rule, the General Assembly moved quickly to eliminate the crack with respect to gun control. Even before the Supreme Court had ruled, while appeal was pending, the General Assembly acted to prevent other localities from adopting gun control ordinances. The 1987 Session enacted S15.1-29.15 which provides: "From and after January 1, 1987, no county, city or town shall adopt any ordinance to govern the purchase, possession, transfer, ownership, carrying or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute." At the 1988 Session, the General Assembly amended 915.1- 29.15 to clarify that ordinances adopted prior to January 1, 1987, are grandfathered. In the context of gun control, Stallings represents victory for one Virginia local government only. The General Assembly's preemptive strike eliminated the possibility that other Virginia local governments could adopt gun regulation ordinances in reliance upon Stallings. It is interesting to note that the City of Roanoke Charter provides authority, at least as broad as the authority relied upon by Virginia Beach, to deal with the issue of gun regulation. See ~$2(28), 2(30), 2(31) and 66, City Charter. Thus, only the preemptive effect of ~15.1-29.15 blocks City Council from The Honorable Mayor and Members of City Council February 10, 1992 Page 3 adopting ordinances broadly regulating the purchase, possession, ownership, carrying or transporting of firearms. The grandfather clause of S15.1-29.15 does save two gun control ordinances adopted by City Council prior to January 1, 1987. In this regard, I call to your attention that S21-79, Code of the City of Roanoke (1979), as amended, provides that it shall be unlawful for any minor to carry, concealed or otherwise, any gun, rifle, pistol, air gun or BB-gun within any public street, public park or public place, unless accompanied by a parent, guardian or adult official of an organized youth club or organization. Please also note that ~21-84 of the City Code provides that no person shall sell or give any pistol to any person under eighteen years of age. See S18.2-309 of the State Code for similar provisions. Each of the foregoing ordinances provides that a viola~ion shall be punishable as a Class 4 misdemeanor, and it is doubtful, given the provisions of ~15.1-29.15 of the State Code, that th~se penalties can lawfully be increased. Importantly, ~15.1-29.15 does provide limited authority for local governments to engage in gun control when "expressly authorized by statute." Therefore, I have conducted a review of the State Code in search of statutes expressly authorizing local gun control ordinances. In this regard, I found only two applicable statutes. Section 18.2-287.1 authorizes a local governing body to adopt an ordinance making it unlawful for any person to transport, possess or carry a loaded shotgun or rifle in any vehicle on any public street, road or highway within such locality. The penalty for violation of any such ordinance shall not exceed a fine of $100.00. Such ordinance shall not be enforceable unless the governing body has notified the Director of the Department of Game and Inland Fisheries prior to May 1 of the year in which such ordinance is to take effect. Certain law enforcement and military personnel and other persons are required to be exempted from the ordinance. In addition, S18.2-287.3 of the State Code authorizes any local governing body to adopt an ordinance making it unlawful for any person under the age of eighteen to carry or have in his possession while in any public place or upon any public highway a loaded firearm. Again, certain exceptions are required to be included in the ordinance, and the penalty is limited to a fine of no more than $100.00. In my research, I did note one additional statute providing useful authority, but this statute is applicable only to a city having a population of 200,000 or more. Section 18.2-287.4 of the State Code authorizes such city to prohibit the carrying of a loaded firearm on any public street, sidewalk, public park or in any place open to the public. Exceptions are required for law The Honorable Mayor and Members of City Council February 10, 1992 Page 4 enforcement officers, licensed security guards, military personnel and persons possessing valid permits to carry firearms. Violation of a local ordinance adopted pursuant to this authority is a Class 1 misdemeanor. II. RECOMMENDATIONS I recommend that City Council exercise its authority, under S18.2-287.1 of the State Code, to make it unlawful for any person to transport, possess or carry a loaded shotgun or loaded rifle in any vehicle on any public street within the City. I am attaching an ordinance by which City Council may add a new S21-85, exercising this authority, to the City Code. Because City Council has already adopted a more effective ordina~ce, I do not recommend that City Council exercise its authorit3 under ~18.2-287.3 of the State Code which authorizes the City Council to adopt an ordinance prohibiting any minor to carry a loaded firearm in any public place or on any public highway. Section 21-79, Minors carrying guns, of the City Code, which was adopted prior to January 1, 1987, and is thus grandfathered, is stronger in two respects than any ordinance which could be adopted pursuant to the authority of ~18.2-287.3. First, the City ordinance relating to minors carrying guns applies whether the weapon is loaded or unloaded whereas the State authorized ordinance could apply only to a loaded weapon. Second, the grandfathered City ordinance provides for a Class 4 misdemeanor penalty (a fine of not more than $250.00) whereas the maximum penalty under a State authorized ordinance would be $100.00. Since the City already has a stronger grandfathered ordinance regulating the carrying of weapons by minors, there is no need to adopt a weaker ordinance authorized by State Code. City Council may also want to consider requesting that the 1993 Session of the General Assembly grant this City the authority to prohibit the carrying of loaded weapons in public places subject to the required exceptions. It is, of course, well known that local government efforts to obtain authority to regulate firearms have fared very poorly in the General Assembly, and such legislative effort would require a well coordinated and concerted effort by City Council and local law enforcement authorities. III. LOOK-ALIKE WEAPONS Finally, City Council has requested that I address the issue of "look-alike" weapons. In several instances recently, persons have pointed or brandished objects similar in appearance to a firearm, but not a firearm, at police officers. Persons engaging The Honorable Mayor and Members of City Council February 10, 1992 Page 5 in this foolish activity have placed themselves in great jeopardy, and serious consequences have been avoided only by virtue of the excellent training possessed and discipline exercised by Roanoke City police officers. I am pleased to advise that the activity which has caused so much concern is already prohibited by the State Code. Section 18.2-282 provides that it shall be "...unlawful for any person to point, hold or brandish any firearm...or any object similar in appearance to a firearmt whether capable of beinq fired or not, in such manner as to reasonably induce fear in the mind of another .... " The penalty for the proscribed activity is a Class 1 misdemeanor punishable by confinement in Jail for not more than 12 months and a fine of not more than $2,500.00, either or both. I trust that this report is fully responsive to requesf. I shall be pleased to answer any questions ' Council may have with respect to this matter. With kindest personal regards, I am Council's members of Sincerely yours, ~g,/~Jr. Wilburn C City Attorney '~CD:f cc: ?he Honorable Donald S. Caldwell, Commonwealth's Attorney N. Robert Herbert, City Manager George C. Snead, Director, Administration and Public Safety M. David Hooper, Chief of Police Mary F. Parker, City Clerk Office of the City Clerk Februar~ 13, 1992 File #467 The Honorable Mayor and Membera of the Roanoke City Council Roanoke, Virginia Dear M~s. Bowles and Gentlemen: Please note the following dates on your calendar with re~a~d to the School Board selection process: (1) On Monday, March 16, 1992, at 12:30 p.m., in the Atrium of the Courthouse, 315 Church Avenue, S. W., Council will hold an informal meeting (~eeeption), which will be open to the public with all candidates for school ttnistee. (2) On Monday, March 23, 1992, at 2:00 p.m., or as soon thereafter as the matter may be heard, Council as a Committee of the Whole, will review and considex- all candidates for the position of school t~ustee. At such meeting, Council will review ali applications filed fox' the position and Council may elect to interview candidates for such positions. (3) On Monday, April 13, 1992, at 7:30 p.m., or u soon thereafter as the matter may be hea~l, Council will, by public vote, select from the field of candidates, those candidates to be accorded the fox, mi interview and all other candidates will be elimlnsted f~om the school tmistee selection process. The number of candidates to be Kranted the interview will not exceed throe times the number of positions available on the Roanoke City School Beard, should there be so many candidates. (4) On Monday, April 20, 1992, at 2:00 p.m., or as soon thereafter as the matter may be heard, Council will bold a public hearing to receive the views of citizens. (5) On Tuesday, April 21, 1992, at 6:30 p.m., in the City Council Chamber, Council will hold a meeting for the purpose of conducting a public interview of the candidates for school tmistee. Room 456 Municigal Building 215 Chumh Avenue, $.W. Roanoke, Virginia 24c 703) 981-2541 The Honorable Mayor and Members of the Roanoke City Council February 13, 1992 Pa~ 2 (6) On Monday, May 11, 1992, at 7:30 p.m., or as soon thereafter as the matter may be heard, Council will hold an election to fill the vacancies on the Roanoke City School Board. If you desire additions! information, or ff I may be of assistance in any way, please do not hesitate to call me. With kindest personal regards, I am Sincersly, Mary F. Parker, CMC/AAE City Clerk MFP: sw pc: Mr. Finn D. Pineus, Chslr~person, Roanoke City Schools, 1116 Winchester Avenue, S. W., Roanoke, Vir~nts 24015 Dr. Frank P. Tota, Superintendent of Schools, Roanoke City Schools, P. O. Box 13145, Roanoke, VirE/nts, 24031 MIl. Richard L. Kelley, Executive fox* Business Affalr~ and Clerk of the Board, P. O. Box 13105, Roanoke, Virg~nts 24031 Ms. June S. Nolley, Secretary to the Superintendent and Deputy Clerk of the Beard, P. O. Box 13145, Roanoke, Virginia 24031 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 February 10, 1992 File//467 SANDRA H. EAKIN Deputy City Clerk The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: Pursuant to Chapter 9, Education, of the Code of the City of Roanoke (1979), as amended, establishing a procedure for the election of School Board Trustees, Council must hold certain meetings and take certain actions during the months of March, April and May to conform with the selection process. Therefore, it is respectfuliy requested that Council establish specific dates for the following: (1) On or before March 20, Council shall hold an informal meeting which shai] be open to the public with ali candidates for school trustee. (2) On or before March 31, Council as a Committee of the Whole, shall at a regular meeting, review and consider all candidates for the position of school trustee. At such meeting, Council shall review all applications flied for the position and Council may elect to interview candidates for such positions. (3) On or before April 20, Council shall, by public vote, select from the field of candidates, those candidates to be accorded the formal interview and all other candidates shall be eliminated from the school trustee selection process. The number of candidates to be granted the interview shall not exceed three times the number of positions available on the Roanoke City School Board, should there be so many candidates. (4) Prior to the public interview of candidates for school trustee required by §9-21 and prior to April 30, Council shall hold a public hearing to receive the views of citizens. (5) On or before April 30, Council shall hold a meeting for the purpose of conducting a public interview of the remaining candidates for school trustee. (6) Subsequent to the interview and on or before May 15, Council shall hold an election at a regular or special session of the Council to fill the vacancies on the Roanoke City School Board. Th~ Honorable Mayor and Members of the Roanoke City Council February 10, 1992 Page 2 Your assistance in establishing specific dates will be appreciated in order that applicants may be apprised of the proposed schedule. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sw ESTABLISH Office of the City Clerk February 13, 1992 File #178-166 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30878-021092 accepting the bid of Alan L. Amos, Inc., in the total amount of $37,620.00, for removal and proper disposal of asbestos containing material and demolition of a structure located at 416 Gainsboro Road, N. W. Ordinance No. 30878-021092 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 10, 1992. Sincerely, ~_ Mary F. Parker, CMC/AAE City Clerk MFP: sw mnc. pc: Mr. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director, Administration and Public Safety Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Ms. Dolores C. Daniels, Assistant to the City Manager for Community Relations Room 456 Municipal Building 215 Church Avenue, S.W, Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk February 13, 1992 File #178-166 Mr. Cyrus O. Hall, Chief Estimator HICO, Inc. P. O. Box 807 Christiansburg, Virginia 24073 Dear Mr. Hall: I am enclosing copy of Ordinance No. 30878-021092 accepting the bid of Alan L. Amos, Inc., in the total amount of $37,620.00, for removal and proper disposal of asbestos containing material and demolition of a structure located at 416 Gainsboro Road, N. W. Ordinance No. 30878-021092 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 10, 1992. 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: sw Enc. Sincerely, Pdl..~J~ Mary F. Parker, CMC/AAE City Clerk Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke. Virginia 24011 (703) 981.2541 Office of the City Clerk February 13, 1992 File #178-166 Mr. Alan L. Amos, President Alan L. Amos, Inc. 1734 llth Street, N. E. Roanoke, Virginia 24012 Dear Mr. Amos: I am enclosing copy of Ordinance No. 30878-021092 accepting the bid of Alan L. Amos, Inc., in the total amount of $37,620.00, for removal and proper disposal of asbestos containing material and demolition of a structure located at 416 Gainsboro Road, N. W. Ordinance No. 30878-021092 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 10, 1992. Since rely, /~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Eno. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (7'03) 981.2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th Day of February, 1992. No. 30878-021092. AN ORDINANCE accepting the bid of Alan L. Amos, Inc., for removal and proper disposal of asbestos containing material and demolition of structure at 416 Gainsboro Road, N.W., upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Alan L. Amos, Inc., in the total amount of $37,620.00, for the removal and proper disposal of asbestos containing material and demolition of structure at 416 Gainsboro Road, N.W., as more particularly set forth in the February 10, 1992 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 ordinance In order to provide for the usual daily operation of the government, an emergency is deemed to exist, and this shall be in full force and effect upon its passage. ATTEST: City Clerk. Office of the City Clerk February 13, 1992 File #60-178-166 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30877-021092 amending and reordaining certain sections of the 1991-92 Capital Fund Appropriations, providing for appropriation of $37,620.00, to provide funds in connection with award of a contract to Alan L. Amos, Inc., for removal and proper disposal of asbestos containing material and demolition of a structure located at 416 Gainsboro Road, N. W. Ordinance No. 30877-021092 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 10, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Eric. pc: Mr. W. Robert Herbert, City Manager Mr. George C. Snead, Jr., Director, Administration and Public Safety Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Ms. Dolores C. Daniels, Assistant to the City Manager for Community Relations Mr. Barry L. Key, Manager, Office of Management and Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 10th Day of February, 1992. No. 30877-021092. AN ORDINANCE to amend and reordain certain sections of the 1991-92 Capital 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 Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ApPropriations Streets and Bridges 2nd Street/Gainsboro/Wells Avenue (1-2) ........... Capital Improvement Reserve Public Improvement Bonds - Series 1988 (3) ........ Revenue Due from State - 2nd Street (4) ..................... 1) Appropriations from Bonds 2) Appropriations from State 3) Streets and Bridges 4) Due from State 2nd Street (008-052-9547-9001) $ 753 (008-052-9547-9007) 37,620 (008-052-9603-9181) ( 753) (008-1233) 37,620 $ 8,053,458 4,332,125 8,244,032 393,869 $ 2,434,470 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia February 10, 1992 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Demolition of Structure & Removal of Asbestos Containing Material 416 Gainsboro Road, N.W. Roanoke, Virginia I concur with the recommendations of the attached Bid Committee Report. Respectfully submitted, W. Robert Herbert City Manager WRH/CMH/mm Attachment: Bid Committee Report cc: City Attorney Director of Finance Director of Public Works Director of Administration & Public Safety City Engineer Citizens' Request for Service Construction Cost Technician '92 Ff -6 P2:3(.- Roanoke, Virginia February 10, 1992 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Demolition of Structure & Removal Asbestos Containing Material 416 Gainsboro Road, N.W. Roanoke, Virginia of II. Backqround: Bids, following proper advertisement, were publicly opened and read aloud before City Council on December 16, 1991, for the Demolition of Structure & Removal of Asbestos Containing Material at 416 Gainsboro Road, N.W. Be Two (2) bids were received with Alan L. Amos, submitting the low bid in the amount of $37f620.00. Inc. Ce Structure is targeted for demolition as part of the Second Street/Gainsboro Road Project. The building burned during 1991 and should be removed now to eliminate an unsightly condition, rather than wait several months for the roadway contract to be awarded. Issues in order of importance are: Compliance of the bidders with the requirements of the contract documents. B. Amount of the low bid. C. Fundinq for the project. D. Time of completion. Page 2 III. Alternatives are: Award a lump sum contract to Alan L. Amos, Inc., in the amount of $37,620.00 for the Demolition of Structure & Removal of Asbestos Containing Material at 416 Gainsboro Road, N.W., in accordance with the contract documents as prepared by the City Engineer's office. Compliance of the bidders with the requirements of the contract documents was met. These requirements included proper licensure for asbestos removal as well as provision of insurance and bonding at acceptable levels. 2. Amount of the low bid is acceptable. Funding for the City's share needs to be appropriated from the Streets and Bridges category of the 1988 Bond Series to Second Street/Gainsboro Road account no. 008-052- 9547-9001. City's 2 percent share of the $37,620.00 contract is $752.40, needs to be appropriated for payment to VDOT. The billing procedures require that $38,372.40 be appropriated to this account and that the receivable account be increased by $37,620.00 for reimbursement from VDOT. Time of completion is quoted as 45 consecutive calendar days. Reject all bids and do not award a contract at this time. Compliance of the bidders with the requirements of the contract documents would not be an issue. Amount of the low bid would probably increase if rebid at a later date. 3. Fundinq would not be encumbered at this time. 4. Time of completion would be delayed. Page 3 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 Alan L. Amos, Inc. for Demolition of Structure & Removal of Asbestos Containing Material at 416 Gainsboro Road, N.W., in accordance with the contract documents as prepared by the City Engineer's office in the amount of $37,620.00. Appropriate $38,372.40 to Second Street/Gainsboro Road Account 008-052-9547-9001, and increase the receivable account by $37,620.00. D. Reject the other bids received. Respectfully submitted, Wi 1~1 i a~ e ,~S ~ .~, ~/C h~a 'irma n William F. Clark WW/RKB/fm Page 4 Attachment: Tabulation of Bids cc: City Attorney Director of Finance City Engineer Citizens' Request for Service Construction Cost Technician BID TABULATION DEMOLITION OF STRUCTURE & REMOVAL OF ASBESTOS CONTAINING MATERIAL 416 GAINSBORO ROAD, N.W. ROANOKE, VIRGINIA JOB NUMBER 6198 Bids opened before City Council on Monday, December at 2:00 p.m. 16, 1991 Alan L. Amos, Inc. HICO, Inc. BASE BID BOND $37,620.00 YES $89,979.00 YES Engineer's Estimate: $74,000.00 William White, Sr., Chairman William F. Clark ge C. Snead, Jr. Office of City Engineer Roanoke, Virginia Office of the City Clerk February 13, 1992 File #467 Mr. Finn D. Pincus, Chairperson Roanoke City School Board 1116 Winchester Avenue, S. W. Roanoke, Virginia 24015 Dear Mr. Pincus: I am enclosing copy of Ordinance No. 30859-021092 authorizing execution of Memoranda of Liens when Literary Fund loans are approved. Ordinance No. 30859- 021092 was adopted by the Council of the City of Roanoke on first reading on Monday, February 3, 1992, also adopted by the Council on second reading on Monday, February 10, 1992, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Eric. pc: 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 Mr. W. Robert Herbert, City Manager Mr. Joel M. Schlanger, Director of Finance Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 10th Day of February, 1992. No. 30859-021092. AN ORDINANCE authorizing execution of Memoranda of Liens when Literary Fund loans are approved. WHEREAS, this Council has, from time to time, upon request of the School Board for the City of Roanoke, approved borrowing funds from the Literary Fund of the Commonwealth; WHEREAS, section 22.1-157 of the Code of Virginia (1950), as amended, provides that such loans shall constitute a specific lien on the building and addition thereto for which the loan was made as well as the lots where the buildings are situated, and further provides that a Memorandum of Lien shall be duly recorded in the appropriate Circuit Court; and WHEREAS, it is the desire of Council to recognize the creation of such liens and to authorize the appropriate City official to execute Memoranda of Liens in connection with such loans. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Mayor is hereby authorized, for and on behalf of the City, to execute appropriate Memoranda of Liens in connection with Literary Fund loans heretofore or hereafter approved and funded by the Commonwealth of Virginia. Said Memoranda of Liens shall be in a form approved by the City Attorney. ATTEST: City Clerk. t Finn D. Pincus, Chairman Charles W. Day, Vice Chairman Sallye T. Coleman F -Roanoke City School Board Marilyn C. Curtis Mortha W. O'Neil Thomas L. Orr Frank P. Tota, Superintendent Richard L Kelley, Clerk of the I~oard P.O Box 13105, Roanoke, Virginia 24031 · 703-981-2381 January 20, 1992 The Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official School Board action at its meeting of December 17, 1991, the School Board respectfully requests City Council to approve a State Literary Fund loan application in the amount of $2.0 million for the construction cost for renovations to Virginia Heights Elementary School. The debt service on the loan will increase the Board's debt service expenditure by $180,000 in FY94-95, but no debt service liability is incurred until funds are drawn against the loan account. The Board appreciates the approval of this request. Sincerely, Richard L. Kelley Executive for Business Affairs and Clerk of the Board rg Enc. 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 Excellence in Education No. APPLICATION FOR LOAN FROM THE LITERARY FUND OF VIRGINIA Name of School Vir.qinia He .qhts Elementary SchooName of X~a~-City Po~_noke To THE STATE BOAP. D OF EDUCATION, Richmond, Virginia: Gentlemen: The School Board for the ~:~¢oM~-City of ~o~_r~oke __ hereby makes application for a loan of $~ion from the Literary Fund of Virginia for the purpose of erecting, enlarging, or altering 1210 Amherst Street, S.W. (making permanent improvement to) a school building located at Rn$~nnke; VA~_401R , as follows: (Describe briefly) additions and p_e_r~m~an__ent improvements to Virginia Heights Elementary School for the purpose of modernizing an elementary school constructed in 1921. 1. The said building, addition, or permanent improvement described above, to be of brick (Type of construction, brick, frame, etc,) will be used as a _elementary school building, and is estimated to cost $._~.0 million (IZlem., Il. S., Comb. glern. & II.S.) 2. The total estimated value of the existing school plant, including site, plus the proposed building addition, or perma- nent improvement thereto, is $ 4,7111.530 3. There is at present a loan from the Literary Fund on this Vir~qinia Heights Elem. Schocl of $. -0- (Building or school plant) in the amount 4. The total amount of the loan will not exceed the cost of the building, addition, or permanent improvement there- to, and site, on account of which such loan is made. 5. The site on which this building, addition, or permanent improvement, will be located contains 2.4 acres, of which 2.4 acres are well suited and useable, or can be easily improved and made useable, for playground and recreational purposes. 6. The plans and specifications for the building or improvement, complying with Minimum School Building Re- quirements, have been or will be approved by the division superintendent of schools and the Superintendent.of Public Instruction before construction is begun. It is understood that the State Board of Edueatibn reserves the right to with- hold any part or all of the amount of this loan, if the plans and specifications approved by the Superintendent of Public Instruction are not followed. (l) 7. The proposed building, addition, or permanent improvement, is desirable because: (Explain briefly) Permanent improvements are required to modernize electrical, plumbing, mechanical and structural components of the school and add space for instruction and physical education activities. 8. The present total indebtedness of the County-City for school buildings is $ 13,987,320 2,166,000 is owed to the Literary Fund. ., of which 9. This County-City has not defaulted or failed to meet its debt service obligations as and when due for the past five years except, as follows: None 10. Adequate and satisfactory supervision of construction will be provided by the school board in accordance with the provisions of "Minimum Requirements and Standards for School Buildings," Regulations State Board of Education. 11. The building or improvement for which this application for a loan is made is part of a long-range planning program in accordance with the provisions of M'n'mum Requirements and Standards for School Buildings," Regulations State Board of Education, and is recommended in the study or survey made by (give title and date) _Five-Year Capital Impro~ment__Plan: May 1991 12. This loan is to be made for 20 years, and is to be paid in 20 annual installments, with interest at the rate of 4 per centum per annum, payable annually. .13. The Board of Supervisors for the County, or the Council for the City, has by resolution (page 3 of this application), agreed to provide for the repayment of this loan. 14. The School Board is not in default in the payment of any part of the principal of any previous loan from the Lit- erary Fund and, for at least two years immediately before this loan, has not been more than six months in default in the pay- ment of interest due on any loan from the Literary Fund. Given under my hand this the 17th day of December ,19 91 THE SCHOOL BOARD OF A'r'r~s'r:~ 2,, /%rk. -T ," [SEAl;-" Roanoke G~-CITY By ____~~, Chairman. (2) Office of the City Clerk February 13, 1992 File #27-29-237 Mr. B. W. Hagerman Right-of-Way Agent Appalachian Power Company P. O. Box 2021 Roanoke, Virginia 24022-2121 Dear Mr. Hagerman: I am enclosing copy of Ordinance No. 30862-021092 authorizing the relocation of certain public utility easements at the Sewage Treatment Plant, in connection with the Roanoke River Flood Reduction Project, and providing for the dedication of new easements in connection with the relocation of certain Appalachian Power Company lines and polas, as more fully set forth in a report from the Water Resources Committee to Council under date of February 3, 1992, upon certain terms and conditions. Ordinance No. 30862-021092 was adopted by the Council of the City of Roanoke on first reading on Monday, February 3, 1992, also adopted by the Council on second reading on Monday, February 10, 1992, and will take effect ten days following the date of its second reading. Sincerely, City Clerk MFP: sw Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk February 13, 1992 File #27-29-237 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30862-021092 authorizing the relocation of certain public utility easements at the Sewage Treatment Plant, in connection with the Roanoke River Flood Reduction Project, and providing for the dedication of new easements in connection with the relocation of certain Appalachian Power Company lines and poles, as more fuliy set forth in a report from the Water Resources Committee to Council under date of February 3, 1992, upon certain terms and conditions. Ordinance No. 30862-021092 was adopted by the Council of the City of Roanoke on first reading on Monday, February 3, 1992, also adopted by the Council on second reading on Monday, February 10, 1992, and wili take effect ten days foliowing the date of its second reading. Sincerely, City Clerk MFP: sw Enc. pc: Mr. Joel M. Schlanger, Director of Finance Mr. Kit B. Kiser, Director, Utilities and Operations Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Mr. John A. Peters, III, Project Manager Room 456 Municipal Building 215 Church Avenue. S.W. Roanoke. Virginia 24011 (703) 981.2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th Day of February, 1992. No. 30862-021092. AN ORDINANCE authorizing the relocation of certain public utility easements at the Sewage Treatment Plant in connection with the Roanoke River Flood Reduction Project upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest respectively in form approved by the City Attorney, appropriate documentation providing for the abandonment of certain existing easements and for the dedication of new easements in connection with the relocation of certain Appalachian Power Company lines and poles located at the Sewage Treatment Plant as more particularly set forth in the report to this Council from the Water Resources Committee dated February 3, 1992. ATTEST: City Clerk. Roanoke, Virginia February 3, 1992 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Appalachian Power Company (APCO) Agreement Sewage Treatment Plant (STP) Flood Reduction Project The attached staff report was considered by the Water Resources Committee at its meeting on January 27, 1992. The Committee recox~nends that Council authorize the execution of the APCO Agreement providing for the abandonment and dedication of certain public utility easements at the STP in accordance with the conditions stated in the attached report. Respectfully submitted, iza~eth T. Bowles, Chairman Water Resources Committee ETB:KBK:afm Attachment CC: City Manager City Attorney Director of Finance Director of Utilities & Operations Engineering Project Manager (Peters) B. W. Hagerman, Right-of-Way Agent, APCO INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: January 27, 1992 Membe~rs. Water Resources Committee Kit B. Kiser, Dir~,c~f Utilities W. Robert Herbert,~-h-"rt~ Manager & Operations, thru APPALACHIAN POWER COMPANY (APCO) SEWAGE TREATMENT PLANT (STP) FLOOD REDUCTION PROJECT AGREEMENT I. Backqround: Floodproofing of STP by the Corps of Engineers Roanoke River Flood Reduction Project will place a berm across the front of and close to the structure. The location of the berm will cause the relocation of some APCO power lines and poles now located in the proposed berm location. II. Current Situation: A. APCO Aqreement providing for the abandonment of existing easement(s) and for the dedication of easement(s) in new locations has been received (see attached). III. Issues: A. Need B. Timinq IV. Alternatives: Committee recommend to City Council that it authorize the City Manager and City Clerk to execute and attest respectively the APCO Agreement providing for the abandonment of certain public utility easements impacted by the construction of a flood protection berm at the STP and the dedication of new public utility easements in new locations to replace those abandoned easements. 1. Need by APCO to move utility service in area is met. Timinq to provide new easements promptly to permit Flood Reduction Project to proceed is met. Water Resources Committee APCO/STP Agreement January 27, 1992 Page 2 Committee not recommend to City Council that it authorize the revision of public utility easements at the STP for APCO. 1. Need by APCO to move utility service in area not met. 2. Timinq to provide new easements promptly not met. Recommendation: Committee recommend to City Council that it authorize the execution of the APCO Agreement providing for the abandonment and dedication of certain public utility easements at the STP in accordance with Alternative "A". KBK/RVH/fm Attachments CC: City Attorney Director of Finance Engineering Project Manager (Peters) B. W. Hagerman, Right-of-Way Agent, APCO Appa~acflian Power Company 703 9a5 2300 APPALACHIAN POWER December 17, 1991 City of Roanoke 215 W. Church Avenue Roanoke, VA 24011 ATTN: John Peters - Room 350 Dear Mr. Peters: Enclosed you will find a map highlighted showing the relocation of power lines for the upgrading of the Roanoke City Sewage Treatment Plant. The poles are set as designed by Hayes, Seay, Mattern and Mattern as shown on Plan 4673 and revised 12-2-91. Please review and approve the easement covering poles on city property for this relocation. All poles will be used for operation of the sewage treatment plant. Sincerely, Bill W. Hagerman Right of Way Agent skg attachment mvtAP NO. 3780-279-A-1 & A-2 Property No. 2 Eas. No. W. O. 750-001i J. O. 91-1084 THIS AGREEMENT, made this 16th day, of December 1991, by and between the CITY OF ROANOKE, a municipal corporation existing under the laws of the Commonwealth of Virginia, herein called "GRANTOR", and APPALACHIAN POWER COMPANY, a Virginia public service corporation, herein called "APPALACHIAN." WI TNE SSETH: THAT FOR AND IN CONSIDEP~ATION of the sum of ONE DOLLAR ($1.00), the receipt of which is hereby acknowledged, the GRANTOR hereby gives license and permit to APPALACHIAN, its successors and assigns, and the right, privilege and authority to said APPALACHIAN, its successors and assigns, to construct, erect, operate, and maintain a line or lines for the purpose of upgrading and relocating electric power overhead to Roanoke City Sewage Treatment Plant, in The City of Roanoke, Virginia. BEING a right of way, in, on, along, over, through, across or under said lands for the purpose of relocating power lines to allow the City of Roanoke to expand and improve the Roanoke Sewage Treatment Plant. The location of said electric facilities being shown on plan No. 4673 and revised December 2, 1991, on print as designed by Hayes, Seqy, Mattern, and Mattern. It is understood and agreed, in the future, Appalachian, upon written notice from GRANTOR, shall relocate, for one (1) time only, at Appalachian's expense, said facilities to another location on said premises provided the Grantors, their successors or assigns, furnish without cost to Appalachian, a satisfactory new location for said facilities. TOGETHER with the right to said APPALACHIAN, its successors and assigns, to place, maintain, and inspect, and add to the number of poles, crossarms, wires, cables, transformers, guys, and anchors in, on, and under the premises above referred to; with prior consent in writing of the GRANTOR, to remove from said premises any obstruction which may endanger the safety or interefere with the use of said poles, crossarms, cab]es, transormers, guys and anchors; and the reasonable right of ingress and egress to and over the premises above referred to and any of the adjoining lands of the party of the GRANTOR, at any and all reasonable times, for the purpose of patrolling the line, or repairing, renewing or adding to the number of said poles, crossarms, wi res, cables, transformers, guys and anchors; and for doing anything necessary or useful or convenient for the enjoyment of the rights herein granted; also the :rivilege of removing at any time any or all of said improvements erected in, on, or under said land. The GRANTOR hereby grants, conveys and warrants to Appalachian Power Company a nonexclusive right of way easement for electric facilities. In the event APPALACHIAN should remove al) of its poles, crossarms, wires, cab)es, transformers, guys and anchors; from the lands of the GRANTOR, then all of the rights, title and interest of the party of APPALACHIAN in the right of way and license hereinabove granted, shall revert to the GRANTOR, its successors and assigns. APPALACHIAN agrees to indemnify and save harmless the GRANTOR against any and all loss or damage, accidents, or injuries, to persons or property, whether of the GRANTOR or any other person or corporation, arising in any manner from the negligent construction, operations, or maintenance, or failure to properly construct, operate, or maintain the said poles, crossarms, wires, cables, transformers, guys and anchors of APPALACHIAN. TO HAVE AND TO HOLD the same unto the said Appalachian Power Company, its successors and assigns. WITNESS the signature of the City of Roanoke by , its · anU its municipal seal hereto affixed and attested by MARY F. PARKER, its City Clerk pursuant to Ordinance No. adopted on CITY OF ROANOKE ATTEST: CITY CLERK STATE OF VIRGINIA) ) TO WIT: CITY OF ROANOKE I, and State aforesaid, do certify , a Notary Public in and for the City that and and City Clerk, respectively, of the City of Roanoke, whose names as such are signed to the writing above, bearing date the day of 19 __, have each acknowledged the same before me in my jurisdiction aforesaid. Given under my hand this My Commission Expires: _ day Of CtyRoa NOTARY PUBLIC Office of the City Clerk February 13, 1992 File #166-199 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30863-021092 authorizing execution of a certain agreement between the City and the Commonwealth of Virginia for iristallation of a carbon monoxide monitor on City property, in the southeasterly corner of the Public Works Service Center, as more fully set forth in a report of the Water Resources Committee to Council under date of February 3, 1992, upon certain terms and conditions. Ordinance No. 30863-021092 was adopted by the Council of the City of Roanoke on first reading on Monday, February 3, 1992, aiso adopted by the Council on second reading on Monday, February 10, 1992, and will take effect ten days following the date of its second reading. Sincerely, ~d_~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc· pc: Mr. Joel M. Schlanger, Director of Finance Mr. Kit B. Kiser, Director, Utilities and Operations Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Mr. Richard V. Hamilton, Air Pollution Control Officer Ms. Lauren G. Eib, Risk Management Officer Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981~2541 Office of the City Clerk February 13, 1992 File #166-199 Mr. Richard C. Moore Chemist, Region II Commonwealth of Virginia Department of Air Pollution Control Valley of Virginia Regional Office Suite D, Executive Office Park 5338 Peters Creek Road, N. W. Roanoke, Virginia 24019 Dear Mr. Moore: I am enclosing copy of Ordinance No. 30863-021092 authorizing execution of a certain agreement between the City and the Commonwealth of Virginia for installation of a carbon monoxide monitor on City property, in the southeasterly corner of the Public Works Service Center, as more fully set forth in a report of the Water Resources Committee to Council under date of February 3, 1992, upon certain terms and conditions. Ordinance No. 30863-021092 Was adopted by the Council of the City of Roanoke on first reading on Monday, February 3, 1992, also adopted by the Council on second reading on Monday, February 10, 1992, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Eric. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th Day of February, 1992. No. 30863-021092. AN ORDINANCE authorizing the execution of a certain agreement between the City and the Commonwealth of Virginia for installation of a carbon monoxide monitor on City property upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest respectively in form approved by the City Attorney, an appropriate agreement, said agreement to be terminated at any time by either party upon thirty (30) days written notice, permitting the installation of a certain carbon monoxide monitor in the southeasterly corner of the Public Works Service Center, said site to be fenced off with a secure gate, such installation to include repair of the existing fence with the Commonwealth of Virginia Department of Air Pollution Control to be responsible for provision of appropriate liability insurance and assumption of utilities, all as more particularly set forth in the report to this Council from the Water Resources Committee dated February 3, 1992. ATTEST: City Clerk. Roanoke, Virginia February 3, 1992 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Carbon Monoxide (CO) Monitor Site Department of Air Pollution Control (DAPC) The attached staff report was considered by the Water Resources Committee at its meeting on January 27, 1992. The Committee reco~nends that Council authorize the permanent installation of a CO Monitor on a site on the Public Works Service Center property in accordance with the conditions stated in the attached report. Respectfullyf~~~'submitt~~ E ~th T. Bowles, Chairman Water Resources Committee ETB:KBK:afm Attachment cc: City Manager City Attorney Director of Finance Director of Utilities & Operations Director of Public Works INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: January 27, 1992 Members, Water Resources Committee B. Kiser, Dir~of Utilities & Operations, W. Robert Herbert~f~f Manager CARBON MONOXIDE (CO) MONITOR SITE DEPARTMENT OF AIR POLLUTION CONTROL (DAPC) thru I. Backqround: Permanent Site for CO Monitor is desired by DAPC. DAPC's Regional Office has been asked to identify a site, preferably on public-owned property, as close as possible to the probable major source area for CO, which is identified as the intersection of Orange Avenue, N.E. and 1-581. II. Current Situation: Preferred Site identified by DAPC's Regional Office is on the southeasterly corner of the Public Works Service Center. This site is on the northwesterly corner of the intersection of Courtland Road and Carver Avenue, N.E. This general area now serves as a brush chip pick-up point for the public and for Christmas tree mulching. CO Monitorinq Equipment would be housed in an 8' w x 10' 1 trailer. Desired site area, approximately 20' x 20', would be fenced off inside corner of present perimeter fence and a locked gate installed in the outside fence for access directly from the street. (see attached letter and maps). DAPC will be asked to repair existing fence as corner post has been damaged and fence is in poor condition. Proposed site has the approval of the Director of Public Works on condition that it not interfere with City operations at that location. D. Responsibility for insurance protection and utilities will be assumed by DAPC. Water Resources Committee CO Monitor Site January 27, 1992 Page 2 III. Issues: A. Need B. Timinq C. Cost to City D. Interference with City Operations E. Income to City F. Security IV. Alternatives: Committee recommend to City Council that it authorize the installation of a permanent CO Monitor by the DAPC on City-owned property on the northwesterly corner of the intersection of Courtland Road and Carver Avenue, N.E., site, approximately 20' x 20', to be fenced inside the corner of the existing fence with similar chain-link fencing and a locked access gate installed in the outside fence by DAPC to permit access to the site from the street. Agreement to be in a form approved by the City Attorney and provide for termination by either party with thirty (30) days written notice. 1. Need by petitioner for site for C0 Monitor is met. 2. Timinq to permit installation in March 1992 is met. 3. Cost to City is zero. 4. Interference with City oDerations is not anticipated. 5. Income to City is zero. Security of City-owned property will not be compromised as interior fencing around site will prevent access to remainder of property. Water Resources Committee CO Monitor Site January 27, 1992 Page 3 Committee not recommended to City Council that it authorize the installation of a permanent CO Monitor on the southeasterly corner of the Public Works Service Center Site. 1. Need by petitioner for monitor site not met. 2. Timinq to permit installation in March 1992 not met. 3. Cost to City is not an issue. 4. Interference with City Operations is not an issue. 5. Income to City is not an issue. 6. Security of City-owned property is not an issue. Recommendation: Committee recommend to City Council that it authorize the permanent installation of a CO Monitor on a site on the Public Works Service Center property in accordance with Alternative "A". KBK/RVH/fm Attachments cc: City Attorney Director of Finance Director of Public Works POLL! 'TION ('ON'TICOL BO/HOD COMMONWEALTH of VIRGINIA Department of Air Pollution Control VALLEY OF VIRGINIA REGIONAL OFFICE SUITE O EXECUTIVE OFFICE PARK 5338 PETERS CREEK ROAD ROANOKE VIRGINIA 24019 703 857-7328 FAX 703 366 6962 December 19, 1991 c3,'N0kE' ~,'A 24011 Mr. Richard Hamilton Roanoke Municipal Building 215 Church Avenue Roanoke, VA 24016 Dear Mr. Hamilton: Attached is a sketch of the specific area which has been selected for our CO monitor. The DAPC's intent is to locate a trailer (8'w X 10'1) to have a CO monitor and place a fence about it. Visitation will be on a biweekly basis and may entail weekends and/or holidays. Your cooperation to assist us with a suitable location for this monitor is appreciated. Sincerely, Richard C. Moore Chemist, Region II RCM/bh Attachment lin Equal Opportunity Employer Printed on Recycled Paper /9/.~ Office of the City Clerk February 13, 1992 File #67 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30865-021092 authorizing renewal of an existing lease agreement between the City and the Blue Ridge Zoological Society of Virginia, Inc., for the Mill Mountain Zoo and renewal of the existing agreement between the City, the Roanoke Jaycees, Inc., and the Blue Ridge Zoological Society of Virginia, Inc., for operation of the miniature railroad at the Zoo, upon certain terms and conditions. Ordinance No. 30865-021092 was adopted by the Council of the City of Roanoke on first reading on Monday, February 3, 1992, also adopted by the Council on second reading on Monday, February 10, 1992, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Ene o pc: Mr. Joel M. Schlanger, Director of Finance Ms. Deborah J. Moses, Chief of Billings and Collections Mr. Kit B. Kiser, Director, Utilities and Operations Mr. George C. Snead, Jr., Director, Administration and Public Safety Mr. Gary N. Fenton, Manager, Parks and Recreation/Grounds Maintenance Ms. Lauren G. Eib, Risk Management Officer Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Mr. Richard V. Hamilton, Right of Way Agent Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk February 13, 1992 File #67 Mr. L. Thompson Hanes, President Blue Ridge Zoological Society of Virginia, Inc. P. O. Box 13484 Roanoke, Virginia 24034 Dear Mr. Hanes: I am enclosing copy of Ordinance No. 30865-021092 authorizing renewal of an existing lease agreement between the City and the Blue Ridge Zoological Society of Virginia, Inc., for the Mill Mountain Zoo and renewal of the existing agreement between the City, the Roanoke Jaycees, Inc., and the Blue Ridge Zoological Society of Virginia, Inc., for operation of the miniature railroad at the Zoo, upon certain terms and conditions. Ordinance No. 30865-021092 was adopted by the Council of the City of Roanoke on first reading on Monday, February 3, 1992, also adopted by the Council on second reading on Monday, February 10, 1992, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Eno o Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk February 13, 1992 File #67 Mr. Laurence M. Levy, President Roanoke Jaycees, Inc. P. O. Box 1225 Roanoke, Virginia 24006 Dear Mr. Levy: I am enclosing copy of Ordinance No. 30865-021092 authorizing renewal of an existing lease agreement between the City and the Blue Ridge Zoological Society of Virginia, Inc., for the Mill Mountain Zoo and renewal of the existing agreement between the City, the Roanoke Jaycees, Inc., and the Blue Ridge Zoological Society of Virginia, Inc., for operation of the miniature railroad at the Zoo, upon certain terms and conditions. Ordinance No. 30865-021092 was adopted by the Council of the City of Roanoke on first reading on Monday, February 3, 1992, also adopted by the Council on second reading on Monday, February 10, 1992, and will take effect ten days following the date of its second reading. g--'"x ~Sincerely, f~.~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Eno. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th Day of February, 1992. No. 30865-021092. AN ORDINANCE authorizing a renewal of the existing lease agreement between the City and the Blue Ridge Zoological Society of Virginia, Inc. for the Mill Mountain Zoo and renewal of the existing agreement between the City, the Roanoke Jaycees, Inc. and the Blue Ridge Zoological Society of Virginia, Inc. for operation of the miniature railroad at the Zoo upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized to execute and attest respectively in form approved by the City Attorney, an appropriate renewal agreement of the lease between the City and the Blue Ridge Zoological Society of Virginia, Inc. for the Mill Mountain Zoo, said renewal to be for an initial five (5) year term with mutually agreeable options for three (3) subsequent five (5) year terms and to include an expansion of the leased premises to include approximately 3.587 acres and to contain such other terms and conditions as are deemed to be in the City's interest, all as more particularly set forth in the report to this Council from the Water Resources Committee dated February 3, 1992. 2. The City Manager and the City Clerk are authorized to execute and attest respectively in form approved by the City Attorney, an appropriate renewal of the lease among the City, the Roanoke Jaycees, Inc. and the Blue Ridge Zoological Society of Virginia, Inc. for operation of the miniature railroad at the Zoo, said agreement to be for an initial five (5) year term with mutually agreeable options for annual renewal thereafter and to contain such other terms and conditions as are deemed to be in the City's interest as more particularly set forth in the report to this Council from the Water Resources Committee dated February 3, 1992. ATTEST: City Clerk. Roanoke, Virginia 92 d~! 29 ~'f~ February 3, 1992 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Mill Mountain Zoo and Miniature Railway Lease & Agreement Extension The attached staff report was considered by the Water Resources Committee at its meeting on January 27, 1992. The Committee recommends that Council authorize the extension of the lease of the Zoo to Blue Ridge Zoological Society of Virginia (BRZSV) and the three (3) party agreement between the City, the BRZSV and the Roanoke Jaycees, Inc. for the operation of the Miniature Railway in accordance with the conditions stated in the attached report subject to applicable property restrictions and covenants with the form of the legal documents being subject to approval by the City Attorney. Respectfully submitt~ Eli th T. Bowles, Chairman Water Resources Committee ETB:KBK:afm Attachment CC: City Manager City Attorney Director of Finance Director of Utilities & Operations Director of Administration & Public Safety Director of Public Works Manager, Parks, Recreation and Grounds Maintenance Risk Manager Billings & Collections L. Thompson Hanes, President, BRZSV Laurence M. Levy, President, Roanoke Jaycees, Inc. INTERDEPARTMENTAL COMMUNICATION DATE: January 27, 1992 TO: FROM: mbers, Water Resources Committee B. Kiser, Dir~of Utilities W. Robert HerbertV~ity Manager & Operations thru SUBJECT: MILL MOUNTAIN ZOO AND MINIATURE RAILWAY LEASE & AGREEMENT EXTENSION I. Backqround: Miniature Railroad at Zoo was installed by the Roanoke Jaycees, Inc. in 1952 and has been operated by that organization since. This was originally authorized by Ordinance No. 11526, dated August 11, 1952. Author- ity to continue this operation has been authorized by eight (8) subsequent ordinances since that date, the last time, for a one (1) year period, by Ordinance No. 30390-20491, dated February 4, 1991. Mill Mountain Zoo~ Inc., now the Blue Ridge Zoological Society of Virginia, Inc., (BRZSV), was created in 1976 by the Roanoke Jaycees, Inc. to take over the operation of the Zoo at a time when the City was about to abandon its operation. Operation of the Zoo by Mill Mountain Zoo, Inc., was authorized by Ordinance No. 23216, dated September 7, 1976. Three party aqreements between the City, BRZSV and the Roanoke Jaycees, Inc. for the operation of miniature railway have been authorized by five (5) subsequent Ordinances, the latest being Ordinance No. 30390-20491, dated February 4, 1991, for a one (1) year term which ends December 31, 1991. These Ordinances also authorized the extension of the lease between the City and BRZSV for the operation of the Zoo. II. Current Situation: Renewal of lease for operation of Zoo by BRZSV has been requested (see attached letter). BRZSV requests an initial five (5) year term and renewal options for three (3) subsequent five (5) year terms. Page 2 III. Expansion of Zoo to provide for tiger habitat and other improvements has resulted in a new lease area containing 3.587 acres. (See attached map.) Property encompassed within the leased area is comprised of three (3) parcels; one acquired by a conditional donation by the Fishburn Estate, one being a portion of Mill Mountain Park acquired with Federal Land and Water Conservation Grant Funds and one a portion of City Water Department property. Each of these areas have differing regulations affecting future developments. Renewal of Three Party Agreement for operation of miniature train has been requested by Roanoke Jaycees, Inc. (See attached letter.) The Jaycees have agreed to an initial five (5) year term with mutually agreed renewal on an annual basis until terminated by sixty (60) days written notice by: i. BRZSV with the concurrence of the City, ii. City as Lessor, or iii. Roanoke Jaycees, Inc. or Issues: A. Need B. Timinq C. Cost to City D. Indemnification & Public Liability Insurance E. Future Construction on Public Property IV. Alternatives: A. Committee recommend that City Council: Authorize the extension of the lease of the Zoo by BRZSV for an initial term of five (5) years, beginning January 1, 1992, with subsequent renewal options to be negotiated by the BRZSV and the City for three (3 additional five (5) year terms with provision that lease may be terminated at any time with sixty (60) days written notice by either party, and, ii. Authorize the renewal of the three (3) party agreement between the City, the BRZSV and the Roanoke Jaycees, Inc. for a term of five (5) years with mutually agreed renewal on an annual basis until terminated with sixty (60) days written notice by: Page 3 Be a. BRZSV with concurrence of the City, b. City as Lessor, or c. Roanoke Jaycees, Inc. or 1. Need for continuity of the operations of the facilities is met. 2. Timinq to retain continuity in the approval of the lease and agreement is met. Cost to City is the cost of providing maintenance of water and electric service facilities, tree trimming and leaf removal, the provision of water for Zoo operations and payment for garbage removal. o Indemnification and Public Liability Insurance will be provided, relative to both the Zoo lease and the three (3) party Agreement for the operation of the Miniature Train in amounts and form acceptable to the Risk Manager and City Attorney. Future Construction on City Property by Lessee(s) must be in conformance with all city, state and federal regulations with particular attention to the varying additional requirements associated with each of the three (3) parcels comprising the leased premises. Committee not recommend to City Council that it authorize the extension of the lease of the Zoo to BRZSV and the three (3) party agreement permitting the operation of the Miniature Train to continue. 1. Need for continuity of these operations is not met. 2. Timinq to retain continuity in the approval of the lease and agreement is not met. Cost to City is the assumption of responsibility for continuing or disbanding both operations at its expense or finding new lessees. 4. Indemnification and Public Liability Insurance is moot. 5. Future Construction on City property is not an issue. Page 4 IV. Recommendation: Committee recommend to City Council that it authorize the extension of the lease of the Zoo to BRZSV and the three (3) party agreement between the City, the BRZSV and the Roanoke Jaycees, Inc. for the operation of the Miniature Railway in accordance with Alternative "A" subject to applicable property restrictions and covenants with the form of the legal documents being subject to approval by the City Attorney. KBK/RVH/fm cc: City Attorney Director of Finance Director of Administration & Public Safety Director of Public Works Manager, Parks, Recreation and Grounds Maintenance Risk Manager Billings & Collections L. Thompson Hanes, Pres., BRZSV Lawrence M. Levy, Pres., Roanoke Jaycees, Inc. CITY OF ROANOKE INTERDEPARTMENT COMMUNICATION DATE: September 11, 1991 TO: Charles M. Huffine, P.E., City Engineer FROM: Lynnis B. Vernon, Parks Planner ~ SUBJECT: Mill Mountain Zoo As previously discussed, the current Lease Agreement between the City and the Blue Ridge Zoological Society of Virginia will expire on December 31, 1991. The Zoological Society has requested a new five year term lease beginning January 1, 1992, with three renewable five year options along with several other proposed agreement modifications. The Zoo boundaries have changed a great deal over the years, however, the referenced lease agreement plan or map has not been revised since 1970. Your assistance is being requested to prepare an accurate metes and bounds map and written description of the fenced area currently being utilized for the Mill Mountain Zoo. The survey must be adequately tied to an existing known property corner or monument for any future reference or possible expansion of the Zoo area. The boundary lines for the new lease should be established by taking a three foot offset outside the existing fenced area. The requested date of having the plat and description completed is October 1, 1991. Thanks for all of your help. LBV:cvs Earl B. Reynolds, Jr., Assistant City Manager George C. Snead, Director of Administration and Public Safety William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities and Operations Mark A. Williams, Assistant City Attorney William X Parsons, Assistant City Attorney Gary N. Fenton, Manager, Recreation, Parks and Grounds Maintenance Richard V. Hamilton, Right-of-Way Agent Office of the Ci~ Manager December 13, 1991 Mr. L. Thompson Hanes, President Blue Ridge Zoological Society of Virginia, P.O. Box 13484 Roanoke, Virginia 24034 Imc. Dear Mr. Hanes: The City staff is in the process of developing a new lease for the operation and maintenance of the Mill Mountain Zoo, as per your request of November 29, 1991 and a new three party agreement for the operation and maintenance of the miniature train, as per the December 12, 1991 request of the Roanoke Jaycees. Our schedule is to finalize the necessary documents and reports by the end of December and seek the approval of City Council through the Water Resources Committee in January 1992. We will notify you as to the dates, times and locations of these Committee and Council meetings. The new lease/agreement will be retroactive to January 1, 1992 in order to provide continuity with the current lease/agreement which are expiring on December 31, 1991. We are looking forward to working with both you and Mr. Levy on the timely execution of the new lease and agreement. Should you or any member of either the Zoo Board or the Jaycees have any questions regarding the lease or the agreement, do not hesitate to contact the City Right-of-Way Agent Dick Hamilton at 981-2731. As you know, it is essential that both the Zoo and the Jaycees continue to provide the appropriate insurance coverages and that the policies cover the City, its officers, agents and employees during the lapse period between the expiration of the old lease/agreement and the execution of the new ones. Room 364 Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 (703) 981-2333 Mr. L. Thompson Hanes Page 2 December 13, 1991 The relationship and cooperation between the Zoo, Jaycees and City, over the years, has certainly made Mill Mountain Park an enjoyable and very special place for our citizens and guests to visit. We do appreciate your efforts and dedicated work. Sincerely, W. Robert Herbert City Manager WRH/LBV/dmc cc: Laurence M. Levy, President, Roanoke Jaycees Beth Poff, Executive Director, Mill Mountain Zoo Wilburn C. Dibling, Jr., City Attorney George C. Snead, Director, Administration & Public Safety Kit B. Kiser, Director, Utilities & Operations Mark A. Williams, Assistant City Attorney Lauren G. Eib, Risk Management Officer Gary N. Fenton, Manager, Recreation, Parks & Grounds Maintenance ~ichard H. Hamilton, Right-of-Way Agent Lynnis B. Vernon, Parks Planner November 29, 1991 Mr. W. Robert Herbert City Manager Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 RE: Mill Mountain Zoo Lease Dear Mr. Herbert: On behalf of the Blue Ridge Zoological Society of Virginia, Inc., which operates Mill Mountain Zoo, I would like to request that the City of Roanoke develop and approve a new lease agreement for the Zoo, for a five (5) year term beginning January 1, 1992, with three (3) renewable five (5) year options. With the recent development of the Tiger Habitat, the development of our master plan, and the need for additional improvements to the zoo, it is imperative that we be in a position to plan for the future. A year-to-year leasing situation does not allow for such long term planning. Revisions to the current lease should also include the recent expansion of zoo boundaries to include the Tiger Habitat. (I understand that the City Engineering Department is currently preparing an accurate map of the leased area.) A separate agreement between the Roanoke Jaycees, the City and the Blue Ridge Zoological Society for the operation of the Zoo Choo must also be revised at this time. We will be glad to work with the City Attorney's Office and the City Right-of-Way Agent in the development an acceptable lease and Zoo Choo agreement. Mill Mountain Zoo P.O Box 13484 Rotc, eke. Va 24034 (703)343-324I Please let me know if you have any questions with regard to this issue. Thank you. Very truly yours, President Blue Ridge Zoological Society of Virginia, Inc. cc: Beth Poff, Executive Director, Mill Mountain Zoo Lawrence M. Levy, President, Roanoke Jaycees, Inc. Wilburn C. Dlbling, Jr., City Attorney George C. Snead, Director of Administration and Public Safety Gary Fenton, Manager of Parks & Recreation Richard V. Hamilton, Right-of-Way Agent Mill Mountain Zoo P.O. Box 13484 r~ocnoke, Va 24034 (703)343-324f Roanoke Jaycees "Young People Do Change The World" December 12, 1991 Mr. Richard V. Hamilton Right-of-Way Agent City of Roanoke Municipal Building 215 Church Avenue SW Roanoke, Virginia 24011 Dear Mr. Hamilton: It is my understanding that the Blue Ridge Zoological Society of Virginia, Inc. has requested that the City of Roanoke develop and approve a new lease agreement for the Zoo and Mill Mountain for a five-year term beginning January 1, 1992 with three renewable five-year options. The Roanoke Jaycees, Inc. own and operate the miniature train ride (the Zoo Choo) at the Zoo. The three-party agreement between the Roanoke Jaycees, the Blue Ridge Zoological Society and the City of Roanoke for the operation of the train will expire on December 3], 1991. In conjunction with the development of a new lease agreement for the Zoo, the Roanoke Jaycees request an extension of the three-party Zoo Choo agreement to take effect January 1, 1992. Please let me know how the Jaycees may be of assistance in developing these new agreements. Sincerely, Laurence M. President CC: L. Thompson Hanes, President, Blue Ridge Zoological Society of VA. George C. Snead, Director of Administration and Public Safety Gary Fenton, Manager of Parks and Recreation LEADERSHIP TRAINING THROUGH COMMUNITY SERVICE 156~271 ~q~ Ft, .goal~: BEARING DISTANCE CURVE DATA 1-8 S 29-56-17 %/(CHD) 123,38 R=386,84 I L=124,06 I T=62,79 2-3 S 40-48-44 %/ 68,19 3-4 S 5-02-46 E 190,14 4-5 S 20-54-22 %/ 57,82 5-6 S 88-58-54 %/ 50,87 6-7 N 78-42-83 %/ 12,96 7-8 N 54-26-52 ~/ 90,07 8-9 N 46-08-17 %/ 95,37 9-10 N 8-24-56 E 164,03 10-11 N 15-13-09 E 37,43 11-12 N 26-50-83 E 249,98 12-13 N 74-56-55 E 166,28 13-14 S 89-30-06 E I 84,65 14-15 S 76-03-01 E 125,13 I5-16 S 5-58-53 %/ 164,19 16-1 N 87-41-13 %/ 135,32 POINT NORTH EAST 1 3616909.220 11064870,670 2 3616802~368 11064809,133 3 3616750,765 11064764,571 4 3616561,481 11064781,284 5 3616512,033 11064762.725 6 3616511,140 11064712,47(] 7 3616513,677 11064699,762 8 3616566,041 11064626,493 9 3616632,393 11064557,405 10 3616794,641 11064533,410 ii 361683L728 11064543,499 12 3617054J56 11064656,353 i3 3617097,933 11064816,913 14 3617097,197 11064901,550 15 3617067,035 11065022,974 16 3616903,759 11065005,866 17 3616840,973 11064827.928 18 3616798,840 11064795,800 19 3616742,344 11064745,765 20 3616746,847 11064622,985 21 3616875,287 11064616,011 22 3617044,474 11064722,237 23 3617086,344 11064872,169 24 3617085,797 11064815,838 25 3616991,619 11064882,615 26 3616937,777 11064872,301 27 3616870,368 11064846,070 A~[ coordinates are bsed on the Vlrgln~a State PLane Coordinate System, South Reglon, To convert grid distances inversed From coordlnate$ to surface distances, mu~tlp/y grid dlstances by 1,0001149, Office of the City Clerk February 13, 1992 File #162 Mr. Willard N. Claytor 2541 Maycrest Avenue, N. W. Roanoke, Virginia 24012 Dear Mr. Claytor: I am enclosing copy of Resolution No. 30879-021092 electing and appointing you as Director of Real Estate Valuation for the City of Roanoke, effective April 1, 1992, and establishing the terms and conditions of your employment. Resolution No. 30879-021092 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 10, 1992. I am also enclosing an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third fioor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please make arrangements to take your oath of office prior to assuming your duties and responsibilities on April 1 and file a copy with the undersigned. I am also enclosing a Disclosure of Real Estate Holdings form which must be filed in the City Clerk's Office prior to assuming the duties of your office. Please do not hesitate to call on me if I may be of further assistance. With kindest personal regards, I am Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. Mr. W. Robert Herbert, City Manager Mr. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director, Administration and Public Safety Mr. Kenneth S. Cronin, Personnel Manager Ms. Nadine C. Minrdx, Acting Director of Real Estate Valuation Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 10th Day of February, 1992. VIRGINIA, No. 30879-021092. A RESOLUTION electing and appointing Willard N. Claytor as Director of Real Estate Valuation for the City of Roanoke effective April 1, 1992, and establishing the terms and conditions of Mr. Claytor's employment as Director of Real Estate Valuation. WHEREAS, the City Council desires to elect and appoint Wlllard N. Claytor as Director of Real Estate Va .~ation pursuant to S32-36, e__t ~eq., Code of the City of Roanoke (1979), as amended; and WHEREAS, Mr. Claytor has appointment as Director of Real THEREFORE, BE IT RESOLVED Roanoke as follows: 1. Willard N. Claytor is hereby agreed to accept Estate Valuation; by the Council of election and the City of elected and appointed as Director of Real Estate Valuation for the City of Roanoke effective April 1, 1992. 2. As Director of Real Estate Valuation, Mr. Claytor shall be the assessor of real estate for taxation in this City and shall have the powers and duties provided for such office by the Code of the City of Roanoke (1979), as amended, and general law and special act of the Commonwealth. 3. The terms and conditions of Mr. Claytor's election and appointment as Director of Real Estate Valuation shall be as hereinafter set forth: (a) (b) (c) (d) (e) The base bi-weekly salary of Mr. Claytor as Director of Real Estate Valuation shall be $2,153.84, payable at the same time as other employees of the City; The City shall execute any necessary agreements provided by the International City Management Association-Retirement Corporation (ICMA-RC) for Mr. Claytor.s participation in said ICMA-RC Retirement Plan, and in addition to the salary set out in section 3(a) herein, the City shall pay an amount equal to nine percent (9%) of Mr. Claytor's gross salary into ICMA-RC on his behalf, in equal proportionate amounts each bi-weekly payday, and the City shall transfer ownership to any succeeding eligible employers upon Mr. Claytor's resignation or discharge; provided that the City's contribution on Mr. Claytor's behalf to ICMA-RC during any tax year shall not exceed the maximum amount permitted by IRS regulations to be deferred from federal income taxation during any tax year (currently, $7,500.00 per year); Recognizing that the Job requirements of the Director of Real Estate Valuation routinely require incurring of travel related expenses in the course of City business, a bi-weekly salary increment of $69.23 shall be provided for use by Mr. Claytor of a privately-owned or leased automobile in the conduct of official City business; The City shall put into force on Mr. Claytor's behalf a disability insurance policy providing income benefits equivalent to seventy percent (70%) of Mr. Claytor's net salary for the duration of any disability and make required premium payments thereon; and With respect to benefits and terms and conditions of employment not enumerated in this resolution, Mr. Claytor shall be accorded such benefits and shall be subject to such terms and conditions on the same basis as other similarly situated employees of the City. 4. Mr. Claytor shall make arrangements to qualify for office by taking the required Oath of Office as soon as practicable. 5. So long as Mr. Claytor shall hold the office of Director of Real Estate Valuation, this resolution shall be effective until amended or repealed. ATTEST: City Clerk.