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Home My WebLink AboutCouncil Actions 03-08-93BOWl iFS 31366 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL March 8, 1993 7:30 p.m. AGENDA FOR THE COUNCIL Call to Order Roll Call. AU Pre, sent. The Invocation was delivered by The Reverend Troy Webb, Pastor, Glad Tidings Assembly of God Church. The Pledge of Allegiance to thc Flag of the United States of America was led by Mayor David A. Bowers. Ao PUBLIC HEARINGS Public heating on the request of H & C Partnership and RV Properties that a tract of land lying on the south side of Salem Turnpike, N. W., and designated as Official Tax Nos. 2640351 and 2640316, and the northeasterly 166 feet, more or less, of Official Tax No. 2640311, said tract containing 5.75 acres, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Mr. W. H. Fralin, Attorney. Mr. Alton B. Pdllaman, Attorney, submitted an amended petition containing two additional proffered conditions; viz: (1) At any time, upon thc request of thc City of Roanoke, thc petitioners will immediately file at their expense, the necessary petition to rezone the tract of land from C-2, General Commercial District, to LM, Light Manufacturing Dislrict; and (2) Upon expiration of ten years from thc effective date of thc ordinance rezoning the property from LM to C-2, said property will automatically revert from C-2 to LM without further action by Council. Thc amended petition was referred to thc City Planning Commission for study, report and recommendation to Council. Bo Public hearing on the request of Mr. and Mrs. James L. Cross that a 672 foot section of Barns Avenue, N. W., extending in an easterly direction from an existing barricade at Peters Creek Road, N. W., be permanently vacated, discontinued and closed. Mr. James L. Cross, Spokesperson. The matter was referred to the City Attorney for study, report and recommendation with regard to whether the portion of Barns Avenue in question is a dedicated public street, as well as pertinent information in connection with reservation of a roadway access easement for the benefit of the Roanoke Regional Airport Commission. The City Attorney was requested to report to Council within 30 days. CONSENT AGENDA (APPROVED 7-0) ALL MATFERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE RO~ BY THE MAYOR AND MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM, OR FORMS, LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. 2 C-1 Minutes of the Audit Committee of Roanoke City Council held on Monday, March 1, 1993. RECOMMENDED ACTION: Receive and file. REGULAR AGENDA 3. I4F. ARING OF CITIZF. NS UI~N PUBLIC MATTERS: at Request to address Council with regard to the School budget. Mr. Mason Powell, Spokesperson. Received and filed. 4. PETITIONS AND COMMUNICATIONS: None. 5. RF~PORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: A report recommending adoption of a measure not in opposition to the designation of the Roanoke River from the Jefferson Street bridge upstream, nor Tinker Creek, within the City limits as endangered species waters; and objecting to the designation of the Roanoke River downstream from Jefferson Street bridge as endangered species waters. Adopted Resolution No. 31368-030893. (7-0) o A report recommending adoption of a measure urging the Commonwealth Transportation Board to approve the proposed Policy on Placing Utility Facilities Underground, with a revision 3 that the Virginia Department of Transportation share in fifty percent of the total net underground relocation cost without regard to any maximum limitation. Adopted Resolution No. 31369-030893. (7-0) A report recommending award of a contract to Mattern & Craig, Inc., to provide engineering services for the Sewershed Corrective Action Project Design and Contract Administration, in the amount of $140,800.00; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 31370-030893 and Resolution No. 31371-030893. (7-0) A report recommending adoption of a measure requesting reimbursement from the Commonwealth of Virginia for the Jail Annex and Juvenile Detention Home expansion. Adopted Resolution Nos. 31366-030893 and 31367-030893. (7-0) A report recommending appropriation and transfer of additional funds to provide for continuation of the Foster Care Program for fiscal year 1992-93. Adopted Budget Ordinance No. 31372-030893. (7-0) ACTING DIRECTOR OF FINANCE: A report with regard to annual bingo activity. The report was received and filed. Concerns expressed by Council with regard to more stringent S~_~te law regarding bingo regulations was referred to the Legislative Affairs Committee for study, report and recommendation, and it was requested that correspondence be forwarded to the City's representatives to the General Assembly setting forth Council's concerns. 6. REPORTS OF COMMITTEES: ao A report of the Audit Committee recommending engagement of KPMG Peat Marwick to provide audits of the City of Roanoke financial records for the years ending June 30, 1993 through June 30, 1996. Council Member William White, Sr., Chairperson. Adopted Resolution No. 31373-030893. (7-0) 7. UNFINISHED BUSINESS: None. 8. INTRODUCTION AND CONSIDERATION ORDINANCES AND RESOLUTIONS: OF Ordinance No. 31363, on second reading, authorizing renewal of a lease agreement between the City and the Commonwealth of Virginia Department of Conservation and Historic Resources, of certain space in the Buena Vista Recreation Center, upon certain terms and conditions. bw Co Adopted Ordinance No. 31363-030893. (7-0) Ordinance No. 31364, on second reading, authorizing execution of agreements with Appalachian Power Company ("Appalachian") and the Chesapeake and Potomac Telephone Company (C & P) permitting relocation of Appalachian's electric service system and C & P's telephone cable adjacent to Route 635, Jeter's Chapel Mountain Road, in Bedford County, upon certain terms and conditions. Adopted Ordinance No. 31364-030893. (7-0) Ordinance No. 31365, on second reading, amending and reordaining certain sections of the 1992-93 General, Internal Service and Sewage Fund Appropriations. Adopted Ordinance No. 31365-030893 amending and reordaining certain sections of the 1992-93 General, Internal Service and Sewage Fund Appropriations, and providing for an emergency. (6-0, Mayor Bowers abstained from voting.) Adopted Resolution No. 31374-030893 urging the United States Congress to support the extension of Amtrak rail service between New York and Atlanta via Roanoke. (6-0, Council Member McCadden abstained from voting.) 9. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor and Members of City Council. The City Attorney was requested to prepare the proper measure providing for annual salary supplements for use of private vehicles by two tax compliance administrators in the Office of Billings and Collections who are charged with the responsibility of monitoring compliance, as well as collection and enforcement, of the p~pared food and beverage tax, admissions tax, transit occupancy tax, E-911 telephone tax, utility tax, franchise agreements, and bingo and raffle bo Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTI-1F~R HEARINGS OF CITIZF. NS: None. 6 MARY F. PA~KI~R City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2AO11 Telephone: (703) 981-2541 SANDRA H. EAK1N Deputy City Clerk March 12, 1993 File #51 Mr. Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Dear Mr. Price: A public hearing on the request of H & C Partnership and RV Properties that a tract of land lying on the south side of Salem Turnpike, N. W., and designated as Official Tax Nos. 2640351 and 2640316, and the northeasterly 166 feet, more or less, of Official Tax No. 2640311, said tract containing 5.75 acres, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners was held by the Council of the City of Roanoke at a regular meeting on Monday, March 8, 1993. As a part of the public hearing, Mr. Alton B. Prillaman, Attorney, submitted the attached amended petition containing two additional proffered conditions; viz: (1) At any time, upon the request of the City of Roanoke, the petitioners will immediately file, at their expense, the necessary petition to rezone the tract of land from C-2, General Commercial District, to LM, Light Manufacturing District; and (2) Upon expiration of ten years from the effective date of the ordinance rezoning the property from LM to C-2, said property will automatically revert from C-2 to LM without further action by the Council. On motion, duly seconded and unanimously adopted, the amended petition was referred to the City Planning Commission for further study, report and recommendation to Council. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. - M~. 'Charles A. Price, Chairperson March 12, 1993 Page 2 pc; Mr. W. H. Fralin, Attorney, Jolly, Place, Fralin and Prillaman, 3912 Electric Road, S. W., Roanoke, Virginia 24018 H & C Partnership, 3348 Salem Turnpike, N. W., Roanoke, Virginia 24017 RV Properties, P. O. Box 63§4, Roanoke, Virginia 24017 Ms. Maude P. Bolling, 3611 New Spring Branch Road, S. E., Roanoke, Virginia 24014 Mr. Alexander N. Apostolou, et als, P. O. Box 1855, Roanoke, Virginia 24008 Fairview Cemetery Co., Inc., P. O. Box 6231, Roanoke, Virginia 24017 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator Mr. John R. Marlles, Agent, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA IN RE: Rezoning a tract of land lying on the South side of Salem Turnpike NW and being all of Tax Map Nos. #2640351, 2640316 and a northeasterly 166 feet, more or less, of Tax Map #2640311; as more particularly described on the attached Exhibit "A" AMENDED PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, H & C Partnership and RV Properties own land in the City of Roanoke containing 5.75 acres, more or less, located on Salem Turnpike, NW, Roanoke, Virginia 24017, being all of Tax Map #2640351 and a northeasterly 166 feet, more or less, of Tax Map #2640311 and Tax Map. No. 2640316. Said tracts are currently zoned LM, Light Manufacturing District. A Map of the property to be rezoned is attached as Exhibit "B." Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners request that the said property be rezoned from LM, Light Manufacturing District to C-2, General Commercial District, subject to certain conditions set forth below, for the purpose of allowing the property to be used for indoor recreation purposes including an assembly hall, meeting rooms, dances, exhibit hall and other similar uses as to Phase 3 and for general service and retail establishment and in addition thereto indoor recreation purposes including an assembly hall, meeting rooms, dances, exhibit hall and other similar uses as to Phases 4 and 5. The Petitioners hereby proffer and agree that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioners will abide by, the following conditions: 1) That the property will be developed in substantial conformity with the site plan dated January 11, 1993 a copy of which is attached to the Petition for Rezoning as Exhibit "C," subject to any changes required by the City during site plan review. 2) Phase 3 will be used for indoor recreation purposes including an assembly hall, meeting rooms, dances, exhibit hall and other similar uses. 3) Phases 4 and 5 will be used for general service and retail establishment and in addition thereto indoor recreation purposes including an assembly hall, meeting rooms, dances, exhibit hall and other similar uses. 4) That at any time, upon request of the City of Roanoke, acting through Roanoke City Council, its administrative employees or the Roanoke City Planning Commission, the Petitioners will agree to immediately file, at their expense, the necessary petition to rezone the tract from C-2, Light Manufacturing rezone upon request, use of the property for C-2 General Commercial purposes. General Commercial District, to LM, District, and that if they fail to the Petitioners will be barred from District 5) That at the expiration of ten years from the effective date of the City Ordinance rezoning the property from LM, Light Manufacturing District, to C-2, General Commercial District, the property will automatically revert from C-2, General Commercial District, to LM, Light Manufacturing District, without any further action. The Petitioners believe that the requested rezoning is more in conformance with the surrounding area uses than the comprehensive plan which calls for the property to be used for the purposes of light manufacturing activities. The Petitioners believe the rezoning of the said tracts of land will further the intent and purposes of the City's Zoning Ordinance and will enhance its comprehensive plan, in that it will be in the best interest of the City in promoting economic development within the community. Attached as Exhibit "D" are the names, addresses and tax numbers of the owners of all lots or property immediately adjacent to and immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioners request that the above-described tracts be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this day March 5, 1993. Respectfully submitted, H & C PARTNERSHIP, a general partnership G~neral Partner 3348 Salem Turnpike, NW Roanoke, VA 24017 RV PROPERTIES, a general partnership General Partner~J P.O. Box 6354 ~ Roanoke, VA 24017 JOLLY, PLACE, FRALIN & PRILLAMAN, W. H. Fralin 3912 Electric Road, $. W. Roanoke, Virginia 24018 703/989-0000 EXHIBIT "A" Beginning at a point on the south side of Salem Turnpike NW corner to property of Maude P. Bolling (Tax Map #2520127); thence with south side of said Salem Turnpike in a westerly direction 557.00 feet, more or less, to a point; thence leaving salem Turnpike and with property of H & C Partnership (Tax Map #2640311) in a southerly direction 450 feet, more or less, to a point; thence in an easterly direction with property of H & C Partnership and with the northerly line of property of Alexander N. Apostolou, et als (Tax Map #2640349) 557 feet, more or less, to a point; thence in a northerly direction with the westerly line of said Bolling property 450 feet to the PLACE OF BEGINNING and being all of Tax Map No. #2640351, 22640316 and a northeasterly 166 feet, more or less, of Tax Map #2640311 fronting on Salem Turnpike NW. EXHIBIT O! EXHIBIT "D" Tax MaD No. 2520~27 Maude P. Bolling 3611 New Spring Branch Road, Roanoke, VA 24014 S.Zo Tax MaD. Nos. 2640349/2640326 Alexander N. Apostolou, et als P.O. Box 1855 Roanoke, VA 24008 Tax Map No. 2650102 Fairview Cemetery Co., P.O. Box 6231 Roanoke, VA 24017 Inc. '93 FEB18 P2:31 Roonoke Cib' Plonning Commission March 8, 1993 The Honorable David A. Bowers, and Members of City Council Roanoke, Virginia Mayor Dear Members of Council: Subject: Request from H & C Partnership and RV Properties, represented by W. H. Fralin, attorney, that property located on the south side of Salem Turnpike, N.W., designated as Official Tax Nos 2640351 and 2640316, and the northeasterly portion of Tax No. 2640311, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Back~round: ae Purpose of the request is to allow the subject property to be used for indoor recreation purposes including an assembly hall, meeting rooms, dances, exhibit hall and other similar uses for three (3) phases of the existing and proposed development on the subject property. Petition to rezone was filed on January 13, 1993. The following conditions were proffered by the petitioner: That the property will be developed in substantial conformity with the site plan dated January 11, 1993, a copy of which is attached to the petition for rezoning as Exhibit "C" subject to any changes required by the City during site plan review. Phase 3 will be used for indoor recreation purposes, including an assembly hall, meeting rooms, dances, exhibit hall and other similar uses. Phases 4 and 5 will be used for general service retail establishment and in addition thereto indoor recreation purposes, including an assembly hall, meeting rooms, dances, exhibit hall and other similar uses. P,~o~n355 MunicipalBuilding 215 Church Avenue, S.W R~anoke, Virginia 24011 (703) 981-2344 Members of Council Page 2 Ce Subject DroDert¥ is located in an area that was designated as an Urban Enterprize Zone in 1984. The purpose of this "overlay" zone is to encourage new businesses and industries to locate in appropriately zoned inner-city areas by offering substantial tax credits and service improvements. De Plannina Commission Public hearin~ was held on Wednesday, February 3, 1993 (minutes attached). Mr. W. H. Fralin, attorney, appeared before the Commission to summarize the request. Mr. Fralin noted the following reasons why he and his client felt that the industrial zoning of the subject property and immediate area was inappropriate: (1) the proximity of residential development around the site; (2) the fact that the site had no rail access and was served by a two-lane street that is not conducive for tractor trailer maneuverability; (3) the lack of a current land use plan; and (4) the lack of any industrial activity in the area. Some discussion took place among the Commission members and Mr. Fralin as to the current uses of the property and how those uses came to be. Mr. Fralin explained that the Valley Country establishment, which is not a part of this rezoning request, was a grandfathered use from the previous zoning regulations to the current ordinance. Mrs. Dorsey gave the staff report stating that the existing land use and zoning pattern in the area supported retention of the existing LM zoning district. She further noted that the City's adopted comprehensive plan, Roanoke Vision, recommended the preservation of the City's limited supply of viable industrially zoned land. Mr. Marlles noted that it was his understanding that the subject area was being actively marketed for industrial development by the City's Office of Economic Development and the Regional Partnership. He noted that the Water Matic operation was the result of such a marketing effort. Mr. Marlles also stated that it was not good zoning practice to split a single structure into two separate zoning districts since it made enforcement almost impossible. Mr. Doug Chittum, Economic Development Specialist, for the City's Office of Economic Development, appeared before the Commission. Mr. Chittum stated that the City needed appropriately zoned LM land for development and noted that there had been a good deal of industrial development in this area. Members of Council Page 3 No one from the audience appeared to speak in favor or in opposition to the request. II. Issues: Zonina of the subject property is LM, Light Manufacturing District. The zoning pattern in the area, predominantly liaht manufacturing, is as follows: to the west, east and south is LM, Light Manufacturing District; to the north, across Salem Turnpike, are RM-1 and RM-2, Residential Multifamily District and LM, Light Manufacturing District. If approved, the requested rezoning will divide an existing structure by the proposed zoning district boundary line. Be Land use of the subject property is as follows: (1) a vacant structure currently under renovation; (2) a vacant, undeveloped tract of land; and (3) a recently constructed addition to another vacant building on the subject property. The surrounding land use is predominantly industrial with single family and multifamily uses across Salem Turnpike to the west and north; a large cemetery located to the north; a trucking terminal to the south and several parcels of vacant, undeveloped land to the east. Ce Access to the property is provided by the adjoining public street, Salem Turnpike. The City Traffic Engineer has stated that there are no plans currently proposed for widening or any other related improvements to Salem Turnpike. The Peters Creek Road extension project (currently under design) is located approximately 1 mile from this property and will improve accessibility to the site. Industrial land has been identified as a valuable economic asset in the City and should be protected. The City's Office of Economic Development and the Roanoke Valley Economic Development Partnership have initiated a number of public and private economic development efforts to promote industrial/manufacturing site development, including this particular site. Strategies have been developed to focus on completing existing developments and to market available areas suitable for industrial development. To further stimulate urban economic development, in 1992 the Virginia General Assembly doubled the tax credits allowed for development or redevelopment within Members of Council Page 4 designated urban enterprise zones such as this area in which the subject property is located. E. Comprehensive Plan recommends that: New industries, which provide jobs and add to the City tax base, should be encouraged to develop on appropriate sites; Other uses of limited, undeveloped industrial land be discouraged; 3e Appropriately zoned development in the Urban Enterprise Zone be promoted; New strip commercial development, speculative development and land use conflicts be discouraged. III. Alternatives: A. City Council deny the rezoning request. Zonina would remain LM, Light Manufacturing District. The area would remain available for new or infill industrial development or redevelopment. Land use would remain as is currently developed with the possibility of new or existing industries relocating, expanding or developing in this area. 3. Acces~ to and from the subject property would not be an issue. ~ndustrial Drea would be preserved and protected. The property proposed for rezoning is a viable area for industrial development and redevelopment. This has been demonstrated by the fact that over the past 3 years, the City's Office of Economic Development has assembled 8 acres of undeveloped, industrially zoned land in the area to promote and facilitate new industrial development. Rezoning of the property to permit general commercial uses would adversely affect the potential for new industrial development or the redevelopment of existing industrial sites in this area. Comprehensive Plan issues as set forth would be followed. The subject property is located within an Urban Enterprise Zone which has been set up to promote and facilitate industrial development in this section of the City. Members of Council Page 5 B. City Council approve the rezoning request. Zonina would become conditional, C-2, General Commercial District. A recently constructed portion of an existing industrial type building, a vacant industrial type building currently under renovation and a vacant undeveloped lot would be zoned for commercial indoor recreational activities such as an assembly hall, meeting rooms, dances, dances, etc., as per proffered use condition. Land use would become commercial indoor recreational activities as previously described. Surrounding land uses, on adjoining properties, would be of an industrial type nature. Approval of the rezoning request would permit commercial uses in an established industrial area. Access to the subject property would continue to be provided by the adjoining public street, Salem Turnpike. The City Traffic Engineer has stated that traffic generated by the proposed commercial activities would have minimal impact on Salem Turnpike. Industrial area would be negatively affected by the proposed rezoning of a recent addition to an existing industrial type building, a vacant, undeveloped industrial lot and an existing (vacant) building available for commercial indoor recreational uses. Rezoning the subject property to commercial would create a disincentive for future industrial development and investment in this area by the interjection of non-supportive commercial uses as proposed. Comprehensive Plan issues as set forth would not be followed. IV. Recommendation: The Planning Commission, by a vote of 6-0 (Mrs. Coles absent), recommended denial of the requested rezoning finding that the subject property is appropriately zoned for industrial development and is consistent with the City's economic development strategy for this area. Furthermore, the City's comprehensive plan recommends Drotectina the limited supply of vacant, developable industrial mromerties to facilitate the City's economic qrowth and stability and the rezoning of a portion of this area for commercial uses would adversely affect the future development or redevelopment of this area for industrial purposes. Members of Council Page 6 Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission CAP:EDD:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Attorney for the Petitioner MARY F. PARKg. R City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke, Virginia 2~,011 Telephone: (?03) 981-2541 SAND~ H. EArN ~puty City Clerk January 14, 1993 File #51 Mr. Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from hr. H. Fralin, Attorney, representing H & C Partnership and RV Properties, requesting that a tract of land located on Salem Turnpike, N. hr., containing 5.75 acres, more or less, being all of Official Tax No. 2640351; and the northeasterly 166 feet, more or less, of property described as Official Tax Nos. 2640311 and 2640818, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Sincerely, ~,~_ Mary F. Parker, CMC/AAE City Clerk MFP: sm r/HC Eno. pc: The Honoreble Mayor and Members of the Roanoke City Council ~ John R. Mariles, A~ent, City Planning Commission Mr. Ronald H. Miller, Bufldinff Commissioner/Zoning Administrator Ms. Evelyn D. Doreey, Acting Assistant Zoning Admintstretor Mr. Steven J. Talevt, Assistant City Attorney Mr. hr. H. Frelin, Attorney, Jolly, Place, Frehn and Prillaman, P.C., 3912 Electric Road, S. hr., Roanoke, Virginia 24018 IN THE COUNCIL OF T}{E CITY OF ROANOKE. VIRGINIA '93 ,713 P7:31 IN RE= Rezoning a tract of land lying on the South side of Salem Turnpike NW and being all of Tax Map Nos. #2640351, 2640316. and a northeasterly 166 feet, more or less, of Tax Map #2640311; as more particularly described on the attached Exhibit "A" PETITION TO REZONE TO THE HONORABLE I~YOR ItND NEIIBERS OF THE COUNCIL OF THE CITY OF The Petitioners, H & C Partnership and RV Properties own land in the City of Roanoke containing 5.75 acres, more or less, located on Salem Turnpike, NW, Roanoke, Virginia 24017, being all of Tax Map #2640351 and a northeasterly 166 feet, more or less, of Tax Map #2640311 and Tax Map. No. 2640316. Said tracts are currently zoned LM, Light Manufacturing District. A Map of the property to be rezoned is attached as Exhibit "B." Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners request that the said property be rezoned from LM, Light Manufacturing District to C-2, General Commercial District, subject to certain conditions set forth below, for the purpose of allowing the property to be used for indoor recreation purposes including an assembly hall, meeting rooms, dances, exhibit hall and other similar uses as to Phase 3 and for general indoor roomsv and 5. service and retail establishment and in addition thereto recreation purposes including an assembly hall, meeting dances, exhibit hall and other similar uses as to Phases 4 The Petitioners hereby proffer and agree that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioners will abide by, the following conditions: 1) That the property will be developed in substantial conformity with the site plan dated January 11, 1993 a copy of which is attached to the Petition for Rezoning as Exhibit "C," subject to any changes required by the City during site plan review. 2) Phase 3 will be used for indoor recreation purposes including an assembly hall, meeting rooms, dances, exhibit hall and other similar uses. 3) Phases 4 and 5 will be used for general service and retail establishment and in addition thereto indoor recreation purposes including an assembly hall, meeting rooms, dances, exhibit hall and other similar uses. The Petitioners believe that the requested rezoning is more in conformance with the surrounding area uses than the comprehensive plan which calls for the property to be used for the purposes of light manufacturing activities. The Petitioners believe the rezoning of the said tracts of land will further the intent and purposes of the City's Zoning will enhance Ordinance and/its comprehensive plan, in that it will be in the best interest of the City in promoting economic development within the community. Attached as Exhibit "D" are the names, addresses and tax numbers of the owners of all lots or property immediately adjacent to and immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioners request that the above-described tracts be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this day January 12, 1993. Respectfully submitted, H & C PARTNERSHIP, a general partnership By · . _ l~m~oke, VA 24017 By RV PROPERTIES, a general partnership Roanoke, VA 24017 JOLLY, PLACE, FRALIN & PRItrmu~AN, P.C. W. H. Fralin 3912 Electric Road, S. W. Roanoke, Virginia 24018 703/989-0000 EXHIBIT "A" Beginning at a point on the south side of Salem Turnpike NW corner to property of Maude P. Bolling (Tax Map #2520127); thence with south side of said Salem Turnpike in a westerly direction 557.00 feet, more or less, to a point; thence leaving Salem Turnpike and with property of H & C Partnership (Tax Map #2640311) in a southerly direction 450 feet, more or less, to a point; thence in an easterly direction with property of H & C Partnership and with the northerly line of property of Alexander N. Apostolou, et als (Tax Map #2640349) 557 feet, more or less, to a point; thence in a northerly direction with the westerly line of said Bolling property 450 feet to the PLACE OF BEGINNING and being all of Tax Map No. #2640351, 22640316 and a northeasterly 166 feet, more or less, of Tax Map #2640311 fronting on Salem Turnpike NW. 4 EXHIBIT "D" Tax MaD NO. 2520127 Maude P. Bolling 3611 New Spring Branch Road, Roanoke, VA 24014 Tax MaD. Nos. 2640349/2640326 Alexander N. Apostolou, et als P.O. Box 1855 Roanoke, VA 24008 Tax MaD No. 2650102 Fairview Cemetery Co., P.O. Box 6231 Roanoke, VA 24017 Inc. --"-"' ' LOCATION MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 12, 1993 File #514-9 Mr. Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia Dear Mr. Dibling: A public hearing on the request of Mr. and Mrs. James L. Cross that a 672 foot section of Barns Avenue, N. W., extending in an easterly direction from an existing barricade at Peters Creek Road, N. W., be permanently vacated, discontinued and closed was held by the Council of the City of Roanoke at a regular meeting on Monday, March 8, 1993. On motion, duly seconded and unanimously adopted, the matter was referred to you for study, report and recommendation to Council within 30 days with regard to whether the portion of Barns Avenue in question is a dedicated public street, as well as pertinent information in connection with reservation of a roadway access easement for the benefit of the Roanoke Regional Airport Commission. ~-~x, ~ ~.Sincerely, ~C~ Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: Ms. Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport, 5202 Aviation Drive, N. W., Roanoke, Virginia 24012 Mr. and Mrs. James L. Cross, Jr., 3817-2 Stratford Park Drive, S. W., Roanoke, Virginia 24018 United States of America, 5301 Barns Avenue, N. W., Roanoke, Virginia 24019 Bliss, Inc., 5219 Peters Creek Road, N. W., Roanoke, Virginia 24019 Mr. Wayne I. Ayers, 5175 Peters Creek Road, N. W., Roanoke, Virginia 24019 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr. Ma~ch 12, 1993 Page 2 pc: Mr. Steven J. Talevi, Assistant City Attorney Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Buiiding Commissioner/Zoning Administrator Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator Mr. John R. MarIles, Agent, City Planning Commission February 5, 1993 B_5 P4:22 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Re: Application of James and Nancy Cross requesting that a 672 foot section of Barns Avenue, N.W., be permanently vacated, discontinued, and closed. Dear Mrs. Bowles and Gentlemen: The purpose of this communication is to jointly request that the public hearing on the above referenced matter be continued until March 8, 1993, to enable the Roanoke Regional Airport Commission and Mr. Cross to continue discussions in an effort to resolve certain boundary issues that have arisen related to the closure. We sincerely appreciate your consideration of this request. Re~itted, J~s Crbss Jacqueline Shuck Executive Director Roanoke Regional Airport Commission MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 4.56 Roanoke, V'u~inia 24011 Telephone: (703) 981-2~I February 12, 1993 SANDRA H. EAKIN Deputy City Clerk File #9-514 Mr. Charles A. Price, Chairperson City Planning Commission Roanoke, Virginia Dear Mr. Price: A public hearing was duly advertised to be held on Monday, February 8, 1993, at 7: 30 p.m., or as soon thereafter as the matter may be heard, on the request of Mr. and Mrs. James L. Cross that a 672 foot section of Barns Avenue, N. W., extending in an easterly direction from an existing barricade at Peters Creek Road, be permanently vacated, discontinued and closed. On motion, duly seconded and adopted, the public hearing was continued until the regular meeting of Council on Monday, March 8, 1993, at 7:30 p.m., or as soon thereafter as the matter may be heard. Sincerely, Mary F.' Parker, CMC/AAE City Clerk MFP: sm pc' Ms. Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport Mr. Mark A. Williams, Attorney, Roanoke Regional Airport Mr. and Mrs. James L. Cross, Jr., 3817-2 Stratford Park Drive, S. W., Roanoke, Virginia 24018 United States of America, 5301 Barns Avenue, N. W., Roanoke, Virginia 24019 Bliss, Inc., 5219 Peters Creek Road, N. W., Roanoke, Virginia 24019 Mr. Wayne I. Ayers, 5175 Peters Creek Road, N. W., Roanoke, Virginia 24019 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. Willard N. Claytor, Director of Real Estate Valuation Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Charles A. P_rice, Jr., Chairperson City Planning Commission Page 2 pc: Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. John R. Marlles, Agent, City Planning Commission Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator Ms. Doris Layne, Office of Real Estate Valuation Office of the City Manager '93 P4:55 January 7, 1993 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Your January 11, 1993 Council meeting agenda package contains information relating to an application of James and Nancy Cross that a 672 foot section of Barns Avenue, N.W. be closed. This is to advise you that Mr. Cross also appeared before the December, 1992 Roanoke Regional Airport Commission meeting to claim that the Airport encroached 5 - 7 feet onto the property he and his wife acquired from the State. This implies that the road right-of-way would need to be 5 - 7 feet wider than the usual 60 foot right-of-way. This issue remains unsettled as to whether the street is 60 feet in width or wider and whether some or all of several hundred feet of fencing will need to be relocated. You will note that the package of information from the Planning Commission contains a copy of a March 1, 1990 letter from the Virginia Department of Transportation, which letter alludes to a 60 foot right-of-way. Airport staff is seeking to resolve these issues with Mr. Cross. A representative of the Airport Commission will likely request that this matter be continued pending resolution of these issues. This is being brought to your attention so you will know of the differences of opinion and claims being asserted. Sincerely, W. Robert Herbert City Manager and Airport Commission Member WRH:afm cc: Mr. and Mrs. James Cross Ms. Jacqueline L. Shuck Mr. John Marlles Room 364 Municipal Building 215 Church Avenue, S.W Roanoke, Virginia 24011-1591 (703) 981-2333 ~,~ _~.~-~ '~'5 /~10:5~;Roonoke Cily Planning Commission January 11, 1993 The Honorable David A. Bowers, and Members of City Council Roanoke, Virginia Mayor Dear Members of Council: Subject: Application of James and Nancy Cross requesting that a 672 foot section of Barns Avenue, N.W., be permanently vacated, discontinued and closed. I. Backqround: Barns Avenue, N.W., specifically the portion requested for closure by this application, extends in an easterly direction from an existing barricade at Peters Creek Road, N.W. (Route 117) for a distance of 672' (see attached Map "A"). Be Applicant owns a parcel of land abutting this section of right-of-way identified on the attached Map "A" as tax parcel 6600101. ADDlications have been filed on two previous occasions (1983 and 1989) first requesting the closure of a 528' section and subsequently in 1989, requesting the closure of a 672' section of the right-of-way (see attached Map "A" ) · ADDlication filed in 1983 was withdrawn after it was determined that the Commonwealth of Virginia held fee simple title to the land within the subject old Route ll7/Barns Avenue right-of-way. Applicant executed a sales agreement with the Commonwealth of Virginia in October, 1989, for the purchase of the initial 528' section of the old Route ll7/Barns Avenue right-of-way. (See attached copy "sales aqreement 1989") This sales agreement resulted in the following: Room 355 Municipal Building 215 Church Avenue, S ~ Roanoke, Virginia 24011 (703) 981-2344 Members of Council Page 2 This section of Barns Avenue, N.W., was thereafter conveyed by the Commonwealth of Virginia, to Nancy Cross by deed only. This 528' section is currently identified on the City's official appraisal maps as tax parcel X6600113. The letter "X" preceding the tax number denotes the fact that this land was divided and conveyed by deed only and that no subdivision plat was recorded in conjunction with such conveyance, as required by Section 31-6(a) of the City's subdivision ordinance. Pursuant to Section 31-35 of the City Code, the Building Commissioner will not issue permits for the construction of a building or buildings upon this parcel until a subdivision plat as required by City ordinance, has been submitted and reviewed and approved by the City and thereafter recorded in the office of the Clerk of Circuit Court. Mrs. Cross submitted a second application to close a section of the right-of-way on November 21, 1989. This application included an additional 144' of the right-of- way. This portion of the right-of-way extends beyond that portion (528') previously barricaded by the Commonwealth of Virginia and as subsequently conveyed to Mrs. Cross (see attached Map "A"). city Council on January 9, 1990, adopted Ord. No. 29907- 11690 (see attached Ord. 1990) providing for the closure of the subject 672' section of right-of-way, subject to the following conditions: Applicant to dedicate and construct a public turnaround at the proposed terminus of the right- of-way and to provide a subdivision plat and plan, providing for street division, all necessary easements and protection of the waterway (Bushong Creek) passing through the property. Conveyance of title and recordation of a deed in a form acceptable to the City Attorney to the remaining 144' section of old Route ll7/Barns Avenue by the Commonwealth of Virginia, to the City of Roanoke, in the event it is determined that title does not vest in the City of Roanoke. Title to the remaining 144' section of old Route ll7/Barns Avenue shall vest in the adjoining land owners upon closure by operation of law or otherwise. Members of Council Page 3 He Sales aqreement was subsequently executed by the applicant with the Commonwealth of Virginia on January 11, 1991, for the purchase of this 144' section of additional right-of-way (see attached sales agreement 1991). Planninq staff has since determined, through discussion and correspondence with the Virginia Department of Transportation, that fee title to this right-of-way was not conveyed to the City at the time of annexation and that if and when such right-of-way is vacated, title will remain vested in the Commonwealth of Virginia and Nancy Cross, as the fee simple owners. Title will not, upon closure, vest in the abutting property owners, as generally provided for under the laws of the Commonwealth of Virginia (see attached letter - S.B. Buston, March 1, 1990). II. Current Situation: ae ADDlicant filed a third application to close and vacate this 672' section of Barns Avenue, N.W., on November 6, 1992. Planninq Commission reviewed Mrs. Cross's third application to close this section of Barns Avenue, N.W., at its regular meeting of December 2, 1992. Ce Applicant currently holds fee simple title to a 528' section of the 672' length of Barns Avenue, N.W., as currently requested for closure. De Buildinq is proposed for construction upon the land within the right-of-way, if vacated. Closure will result in the conversion of this barricaded right-of-way to productive and taxable real estate. III. Issues: A. Creation of a dead-end street. B. Preservation of existing easements. C. Land use. IV. Alternatives: Recommend that City Council close and permanently vacate the 672' section of old Route ll7/Barns Avenue, N.W., as requested, subject to certain conditions outlined in Part V. of this report. Members of Council Page 4 Creation of a dead-end street. Closure, if effected as requested, will leave a dead-end street at the easterly terminus of the closure. Planning Commission concluded that the subject right-of-way had been terminated by a dead-end barricade for many years. Planning Commission was also of the opinion that due to the low volume of traffic and use of this street section, construction of a public turnaround would be unnecessary and unwarranted. Preservation of existing easements. Appalachian Power Company and Chesapeake and Potomac Telephone Co., have key facilities within the subject section of Barns Avenue, N.W. Easements for such facilities should be retained. Land use. Closure of this 60' wide, 672' long street right-of-way will create a substandard lot with only 60' of street frontage in a light manufacturing district that requires each lot to have a minimum street frontage of 100'. Vacated street right-of-way should be combined with the applicant's abutting property. Recommend that City Council deny the applicant's request to close the subject 672' section of old Route ll7/Barns Avenue, N.W., right-of-way. 1. Creation of a dead-end street would not be an issue. 2. Preservation of existinq easements. Existing easements may not be preserved. Land use. Land within the right-of-way will remain in an idle and non-productive state. V. Recommendation: Planning Commission, by a vote of 4-0 (Messrs. Ferguson and Price and Mrs. Coles absent) recommends that City Council approve Alternative "A" thereby approving the applicant's request to close and vacate the subject 672' section of Barns Avenue to the extent of the City's interest therein, subject to the following conditions: Members of Council Page 5 ae That the applicant submit to the City for approval, and thereafter record with the Clerk of Circuit Court, a subdivision plat providing for the following: Retention of easements for utilities existing within the subject 672' section of right-of-way. Combination of the vacated right-of-way with the applicant's existing property (tax parcel 6600101). Be That any ordinance providing for the subject closure stipulate that the above conditions must be met within a period of 24 months from the date that such ordinance is adopted, and if such conditions are not met within that time period, then said ordinance shall become null and void with no further action by City Council being necessary. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission CAP:ERT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Attorney for the Petitioner '92 Pi ,27 IN THE coUNCIL OF THE CITY OF ROANOKE Application of Nancy W. Cross for the closure of a 672 foot section of Barns Avenue, N.W., pursuant to Section 15.1-364, Code of Virginia (1950), as amended and Section 30-14 of the Code of the City of Roanoke (1979) as amended. Application for the vacation, discontinuance, and permanent closure of a public street TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: } / Comes now your petitioner, ~rs. Nancy w. Cross, who owns a parcel of land in the City of ~danoke identified as official tax appraisal parcel number 660010~ with said property being located at 5153 Peters Creek Road, N.Wi, and also being situated adjacent to, and abutting upon, a certain barricaded former right-of-way that is known and designated by the Virginia Department of Transportation (VDOT) as old Route 117, and by the City of Roanoke as Barns Avenue, N.W. Whereas, this former public right-of-way being discontinued by VDOT many years ago, as a part of its secondary highway system, was accordingly barricaded at its intersection with Peters Creek Road, N.W., and at another point, being approximately 528 feet from said intersection with Peters Creek Road, N.W. This section of former public right-of-way abutting the applicant's property and the property of the Roanoke Regional Airport Commission, is shown by survey map of Roanoke Regional Airport dated 2 June 1987, prepared by T. P. Parker & son, recorded in M.B. i PG 623 and described as parcel 12, line 23-24, N 78' 57' 18" E. This former public right- of-way has remained in an idle state of non-productivity for many years; and whereas the applicant initially applied to the City of Roanoke in 1983 to have this 528 foot -section of right-of-way closed but subsequently dropped the matter as a result of title complications. Whereas, the applicant again applied to the City of Roanoke on November 21, 1989, to vacate and permanently close a 672 foot section of this same former right-of-way which included an additional section of 144 feet, and did, at that time, pay all applicable fees and advertising costs necessary to effect public hearings, as required by law, before the City Planning Commission and City Council. Whereas, City Council subsequently adopted Ordinance No. 29907-11690, on January 8, 1990, providing for the closure of the requested 672 foot section of the above-cited former right-of-way, but subject to three (3) specific conditions which are cited herein as follows: Application "Be it further ordained that this ordinance shall be contingent upon the following conditions: The applicant shall provide and/or dedicate and construct an adequate turnaround acceptable to the City Engineer at the terminus of Barns Avenue, N.W., and provide to the City a subdivision plat and plan to provide for street line division, all necessary easements, and protection of the existing tributary (Bushong Creek) that passes through the property. Conveyance of title and recordation of a deed in a form acceptable to the City Attorney, to the remaining 144 foot section of old Route 117/Barns Avenue, by the Commonwealth of Virginia, to the City of Roanoke, in the event it is determined that title does not currently vest in the City of Roanoke. Title to the remaining 144 foot section (east of the barricaded area) of old Route liT/Barns Avenue shall vest in the adjoining owners upon closure by operation of law or otherwise." Whereas, the above-cited ordinance was made subject to the specific conditions set forth in conditions 2 and 3 for the express purpose of ensuring that the Roanoke Airport Commission (as designated in 1989) would, upon closure, receive title by operation of law, to one-half of the land within the additional 144 foot section of vacated right-of-way· Whereas, it has subsequently been determined by due title search and correspondence between VDOTand the City of Roanoke (see attached letter - S.B. Euston, March 1, 1990), that the City of Roanoke had not participated in the actual acquisition costs of the subject section of old Route liT/Barns Avenue, N.W., and further that the prevailing law of the Commonwealth of virginia does not provide for the conveyance and/or annexation of fee right-of-way to cities. The Commonwealth of Virginia, therefore, under the provisions of law would, upon closure, retain fee simple title to all or any part of the subject right-of-way so vacated by the City of Roanoke and further that the general operation of state law governing the vesting of title to abutting property owners to the land within a vacated right-of-way would not prevail or apply in this instance. Whereas, VIK)T hms previously offered to sell the land within the subject right-of-way to the City of Roanoke and said offer has been declined by the same (see attached letters - W. Robert Herbert, November 21, 1983) and further that the city has interposed no objections to the sale of this rotifer right-of-way by VDOT to the applicant. Whereas, VDOT has since abandoned the subject former right- of-way and has proceeded to consummate the sale and conveyance of the entire 672 foot section of old Route liT/Barns Avenue to the applicant, and has further, and more recently, requested that the City of Roanoke act to officially vacate and permanently close said right-of-way (see attached letter - R. N. Brammer, May 7, 1991. Therefore, your applicant, Mrs. Nancy W. Cross, respectfully requests that City Council now take necessary action to vacate, discontinue and permanently close the subject 672 foot section of old Route liT/Barns Avenue (as more particularly described on the attached map) as initially requested by the applicant on November 21, 1989, and as previously adopted by City Council on January 8, 1990, and your applicant further respectfully requests that City Council waive the redundant expense and costs for any additional fees and legal adver~isements in consideration of the unusual circumstances that have prevented the legal enactment of this ordinance, and in further consideration of the plain and simple fact, that the subject conditions 2 and 3, as set forth in Ordinance No. 29907-11690, were legal matters that could only be resolved between the governmental entities of the City of Roanoke and the Commonwealth of Virginia, and as such, they were completely beyond your applicant's ability to resolve. Respectfully submitted: Date Mailing address/phone number 3817-2 Stratford Park Drive SW Roanoke, VA 24018 989-5181 or 857-3218 Location Map ~ Property of Roanoke Regional Airport Commission 659010i MAP "A" IN THE COUNCIL OF THE CITY OF ROANOKE, The 16th day of January, 1990. No. 29907-11690. VIRGINIA, AN ORDINANCE permanently vacating, discontinuing and closing cer- tain public right-of-way in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, Nancy W. Cross has filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right- of-way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S30-14, Code of the City of Roanoke (1979), as szaended, and after having conducted a public hearing on the m~tter, has m-de its recommendation to Council. WHEREAS, a public hearing was held on said application by the City Council on January S, 1990, after due and timely notice thereof as required by $30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from per- manently vacating, discontinuing and closing said public right-of-way. Ordinance THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: A portion of Barns Avenue, N. W., approximately 672 feet in length, extending in a westerly direction from the east property line of the parcel identified as Official Tax No. 6600101 to the right-ofway of Virginia Route 117, be, and it hereby is, permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right- of-way, reserving however, to the City of Roanoke and any public uti- lity, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water m&ins, television cable, electric wires, gas lines, telephone lines, and related facilities that m,y now be located in or across said public right-of-way, together with the right of ingress and egress for the m~lntenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for m~lntenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described pub- lic right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the City Manager or his designee is hereby authorized to request the Cormmonwealth of Virginia to determine ownership of the remaining section, east of barricaded area, of old Route liT/Barns Avenue and if necessary to request and accept con- veyance of fee simple title to this property to the City of Roanoke and execute such other documentation as may be necessary to effect the purposes of this ordinance. BE IT FURTHER ORDAINED that upon the (1) (2) (3) this ordinance shall be contingent following conditions: The applicant shall provide, and/or dedicate and construct an adequate turnaround acceptable to the City Engineer at the terminus of Barns Avenue, N. and provide to the City a subdivision plat and development plan to provide for street line division, all necessary easements and protection of the existing tributary (Bushong Creek) that passes through the property; Conveyance of title and recordation of a deed in form acceptable to the City Attorney to the remaining 144- foot section (east of the barricaded area) of Old Route ll7/Barns Avenue by the Commonwealth of Virginia to the City of Roanoke in the event it is determined that title does not currently vest in the City of Roanoke; Title to the remaining 144-foot section (east of the barricaded area) of Old Route liT/Barns Avenue shall vest in the adjoining owners upon closure by operation of law or otherwise. BE IT FURTHER ORDAINED that directed all maps is shown, the City Engineer be, and he is, to mark "permanently vacated" on said public right-of-way on and plats on file in his office on which said right-of-way referring to the book and page or ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordi- nance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of Nancy W. Cross, and the names of any other parties in interest who may so request, as Grantees. BE IT FINALLY ORDAINED that in the event all of the conditions set forth in the Planning Commission recommendation made to Council on January 8, 1990, have not been met within two (2) years from the date of adoption, this ordinance shall become null and void with no further action of City Council. ATTEST: City Clerk. REAL ESTATE SALES AGREEMENT Route 117, City of Roanoke Project 0117-080-002, RW201 THIS SALES AGREEMENT, made thie 10 day of October, 1989 by and between the Commonwealth of Virginia, hereinafter referred to as Seller, and-~, here/halter referred to as Buyer. For the sum of $~.'~, th~ buyer agrees to purchase from the seller the hereih~'f~ descri'bed real estate, on the terms and conditions eat forth herein. The buyer, upon signing this agreement, will pay the sum of $1,~H0.00 in. Cashier or Certified Che~k or postal money order, and th&~l~e as specified below will be due snd payable upon delivery of the deed. The buyer hereby agrees to pay the sum of $~.00 in Cashier or Certified Check or postal money order upon delivery of the deed. The buyer is to pay all r~ording fees that may ~ necessary at the time of recording the deed. It is understood that the seller will not bm responsible .for the condition cf thm property. Thm property is sold "as is", and no guarantee or other representation has been made. The cellar will not be responsible for vandalism or theft. The property is described am that rectangular-shaped parcel of land fronting approximately 195' on the south side of Route 117 (Peters Creek Rd.) and containing 31,680 square feet, sore or less land. It is furthmr ~derstood that a deed "Nithout warranty" will be given on this property. (SEAL} (SEAL) Sales Agreement 1989 (528' section) REAL ESTATE SALES AGREEMENT Route 117,' City of Roanoke Project 0117-080-002, RW201 (Old Project 5380-02) THIS SALES AGREEMENT, made this 11th of January, 1991 by and between the CommonNealth of Virginia, hereinafter referred to as Seller, and NANCY W. CROSS, hereinafter referred to as Buyer. For the sum of $4,200.00, the buyer agrees to purchase from the conditions set forth herein. The buyer hereby agrees to pay the sum of S4,200.00, in Cashier or Certified Check or postal money order upon delivery of the deed. The buyer in to pay all re~ording fees that may bm necessary at the time of recording the deed. It is undmrmtood that thm seller will not be responsible for the condition of the propmrty. Thm property in sold 'an is", and no guarantee or other representation ham been made. The seller will not bm responsible for vandalism or theft. The property ia described an that rectangular-shaped parcel of land fronting approximately 68' on the dead end of Route 1858 (BARNES AVENUE} and oontaining 0.14 aero more or less land. It is further understood that a deed "without warranty" will be given on this progerty. (SEAL) (SEAL) Sales Agreement 1991 (144' section) Office of the (~iry MQnQCJC~r December 26, 1990 Mr. F. C. Altizer, Resident Engineer Department of Transportation 714 South Broad Street Salem, VA 24153 Dear Mr. Altizer: Subject: Request of Nancy Cross to Purchase a Portion of Barnes Avenue, N.W., right-of-way (Old Route 117 road bed) In response to your letter of November 2, 1990, the following observations and recommendatio~s are offered for your consideration concerning the above request of Mrs. Nancy Cross: The City of Roanoke has no objection to the proposed sal~ of the subject right-of-way provided that the subject right-of-way is properly and officially closed and ~ermanently vacated by the City prior ~o the actual sale. e The division and conversion by sale of this street right-of-way to the status of private property by the mere recording of a deed would create an illegal sub~ivision. I~ will therefore be necessary for Mrs. Cross to comply with state law and local ordinances governing the subdivision of land within the City. The city's review and approval of this proposed subdivision will require that necessary easements far. all utilities currently existing within the right-of-way be retained and show~ on the recorded subdivision plat. Any alteration or relocation of any utility lying within the vacated right-of-way will need to be resolved by mutual agreement between Mrs. Cross and the respective utility companies. e The purchaser should be advised that any future constr~ction upon the property, such as grading,. filling, alteration and piping of Bushong Creek, and erection of buildings thereon, will be subject ~o Room 364 Munic~:~l ~ 2 '15 O'~e~ A~,~'~e. S W ~'~.c,,-.,;Ae. vl,gm,a 24OI 1 (703) ~8~1.2333 required approval of all affected state, federal and local government agencies. Mr. James Cross has previously filed an application with the City to close this portion of right-of-way. City Council adopted an ordinance providing for the closure, but subject to certain specific conditions, including the condition that the Commonwealth of Virginia convey title to the subject right-of-way to the City of Roanoke, prior to effective closure. This could not, as you are aware, be accomplished. Thus the ordinance of closure was not effected· The ordinance, however, as a condition required that Mr. Cross construct and provide a turnaround at the proposed new terminus of the street. We would recommend that the Department of Transportation require the same, as a condition ~o the sale. The land that abuts the northeast side of the subject right-of-way belongs to the Roanoke Regional Airport Commission. The property is secured by a chain-link fence that extends along this common boundary. This fence line is considered vital to the overall security of the airport complex. The Airport Commission, aware of Mr. Cross's future plans to place a considerable a~;unt (20'-22') of fill dirt within this right-of-way area, is concerned about the possible close proximity of such an elevated fill slope to this existing security fence line. The Roanoke Regional Airport Co~ission has therefore requested that the purchaser be required to restrict the location of the toe of any future fill slope to a distance of 10 feet from the existing Barnes Avenue right-of-way/Roanoke Regional Airport Commission property line. The subject portion of right-of-way (as highlighted on your attached map) is currently paved and has in fact been used by the public for a number of years. I would appreciate some explanation and information regarding the Commonwealth's usual procedure an~ rep~irements for the sale and conveyance, by deed only, of state-owned rights-of-way that are jointly and concurrently being used by the public as public street rights-of-way within the corporate limits of the City. Sincere~ . W. Robert Herbert City Manager WRH:ERT:mpf cc: John R. Marlles, Chief, Community Planning Edward R. Tucker, Subdivision Agent J. H. Neal, Jr., Transportation Engineer Trainee, DOT RAY D. PETHTEL COMMONWEALTH o[ VIRGINIA DEPARTMENT OF TRANSPORTATION 714 SOUTH BROAO STREET SALEM. 24153 March 1, 1990 F. C. ALTIZER. JR, f~ESIDENT ENGINEER PO Box 3071 Salem, Virginia 24153 re - Old Route 117 (0117-080-202) Roanoke County Mr. Edward R. Tucker Agent to the Planning Commission for Land Subdivision 215 Church Avenue SW Room 355 Roanoke, Virginia 24011 Dear Mr. Tucker: I am writing in reference to your letter of Oanuary 30, 1990, concerning the fee simple title to Old Route ll7, and the City's request for the Commonwealth of Virginia to give a such title of right-of-way to the City of Roanoke. The commonwealth claims a 60-Foot unrestricted fee right-of-way on Route ll7. Plans currently on file for Route ll7 indicate that properties along this road were laid out and developed recognizing that Route ll7 was 60-Foot wide. The Department recognizes that the~.e_are no provisions within the law to convey and annex fee right-of-wa) to c]-t)e~. Therefore, if the City of Roanoke wishes ~'otilize a Part-of an o)d ~'i~fi'~'df-way, not in the current road system, they' would have to pay for it. As we have discussed about a simple, general, guide or a rule-of-thumb, in looking at these situations, I offer this:the Department will consider deeding street right-of-way to a city when that city has participated in the actual project acquisition cost. This would occur after the project has been completed and upon the. Department receiving a resolution from the City requesting such action. If I may be of further assistance, please call. Yours truly, S. B. Buston Assistant Resident Engineer SBB:es for F. C. Altizer, Resident Engineer TRANSPORTATION FOg THE 21 ST CENTURY Mr. M. J. Angle R/Eh~ o~ ~ay Manager B Virgio£a Department o~ Hi.rays and T raasporcacion P. O. Box 71 Salem, Vir~tnia 24153 Office of the City Manager 21 November 1983 Re: Request to Purchase Real Estate Route 117 Project 0117-O80-O02, RW-1 City of banoke Dear Mr. An$1e: Thank you for your letter of ~ovenber 10, 1983 concernin$ the request of Mr. J. L. Cross, Jr. to acquire a portion of the for~r roadbed of Old Route 117 (Barns Road, N.W.). We have investigated the proposal and find that the parcel is sho~u on our Appraisal Hap No. 660. The parcel is zoned L.H., Ed/hr Hanufacturin$ District. We reco~nd that provision be mmde, when this section ts sold and closed, for a turn-around on the end of Barns Road, N.E. (Old Route 117). We vould also point out that C&P Telepb~e will need an ease- ment for co~ication lines that exist at this location. We feel chat ic is undesireabis co hold such useable property in publio o~ership and not puc it Co somm use. He ~ould, Cberefore, recommend thac the parcel be eoldt We appr~ciate the opport~ity to co~nt on this sale. If we can pro- vide /ddltion~ information, please let mm know. Sincer~ty, Robert Herbe~ Aasistant City Haunser Wl~/s fa Hr. Wilburn C. Diblin$, Jr., Cl~y Attorney Hr. Kit B. Ktaer, Director, Utilities & Operations Hr. Richard B. Burrov, CIty Engineer Mr. J. L. Cross, Jr. (703)98t-2333 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S,W., Room 456 Roanoke, Vir~nia 24011 Telephone: (703) 981-2541 SANDRA H, EAKIN Deputy City Clerk January 14, 1993 File #9-514 Mr. Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Dear Mr. Price: A public hearing on the request of Mr. and Mrs. James L. Cress that a 672 foot section of Barns Avenue, N. W., extending in an easterly direction from an existing barricade at Peters Creek Road, N. W., be permanently vacated, discontinued and closed was conducted by the Council of the City of Roanoke at a regular meeting held on Monday, January 11, 1993. On motion, duly seconded and unanimously adopted, the public hearing was continued until the regular meeting of Council on Monday, February 8, 1993, at 7:30 p.m., in order that certain questions with regard to the airport boundary, fencing and Commonwealth of Virginia right-of-way may be resolved. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: Ms. Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport, 5202 Aviation Drive, N. W., Roanoke, Virginia 24012 Mr. and Mrs. James L. Cross, Jr., 3817-2 Stratford Park Drive, S. W., Roanoke, Virginia 24018 United States of America, 5301 Barns Avenue, N. W., Roanoke, Virginia 24019 Bliss, Inc., 5219 Peters Creek Road, N. W., Roanoke, Virginia 24019 Mr. Wayne I. Ayers, 5175 Peters Creek Road, N. W., Roanoke, Virginia 24019 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. William F. Clark, Director, Public Works Mr.~Ch~r~es A. Price, Jr., Chairperson January 14, 1993 Page 2 pc: Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator Mr. John R. Marlles, Agent, City Planning Commission 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 December 30, 1992 SANDRA H. EAKIN Deputy City Clerk File #514 Mr. and Mrs. James L. Cross, Jr. 3817-2 Stratford Park Drive, S. W. Roanoke, Virginia 24018 Dear Mr. and Mrs. Cross: 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, January 11, 1993, 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 your request that a 672 foot section of Barns Avenue, N. W., extending in an easterly direction from an existing barricade at Peters Creek Road, N. W., be permanently vacated, discontinued and closed. For your information, I am enclosing copy of a notice of the public hearing and an ordinance providing for the closure, which notice and ordinance were prepared by the City Attorney's Office. Please review the documents and ff you have questions, you may contact Mr. Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the City Planning Commission report should be directed to Mr. John R. Mariles, Chief of Community Planning, at 981-2344. Sincerely, ~. fo.~ Mary F. Parker, CMC/AAE City Clerk MFP: sw January Enc. pc; Roanoke Regional Airport Commission, 5202 Aviation Drive, N. W., Roanoke, Virginia 24012 United States of America, 5301 Barns Avenue, N. W., Roanoke, Virginia 24019 Bliss, Inc., 5219 Peters Creek Road, N. W., Roanoke, Virginia 24019 Mr. Wayne I. Ayere, 5175 Peters Creek Road, N. W., Roanoke, Virginia 24019 ~ NUMBER - 122220083 PUBLISHER'S FEE - CITY OF ROANOKE C/O MARY F PARKER CITY CLERKS OFFICE ROOM ~5~ MUNICIPAL 8LDG ROANOKE VA 2~011 RECEIVED '93 J~N 11 P2:15 STATE OF VIRGINIA CITY OF ROANOK~ AFFIDAVIT OF PU6LICATION I, (THE UNDERSIGNEDI AN AUTHORIZE0 REPRESENTATIVE OF THE TIMES-WORLD COR- PORATION, WHICH CORPORATION tS PUBLISHER OF THE ROANOKE TIMES ~ WORLD-NEWS, A DAILY NEWSPAPER PUBLISHED IN ROANOKE, IN THE STAT~ OF VIRGINIA, DO CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 12/25/92 MORNING 01/01/93 MORNING WITNESS, THIS 6TH DAY OF JANUARY 1993 AUtHORIZeD SIGNATURE NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, January 11, 1993, the matter may be heard, in Building, 215 Church Avenue, at 7:30 p.m., or as soon thereafter as the Council Chamber in the Municipal S.W., on an application to permanently abandon, vacate, discontinue and close the following public right- of-way: A 672-foot section of Barns Avenue, N.W., extending in an easterly direction from an existing barricade at Peters Creek Road, N.W. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the question. GIVEN under my hand this 22nd the above date and be heard on __ day of Dpc~mh~r , 19__~. Mary F. Parker, Please publish in full twice, once on Friday, December 25, 1992, and once on Friday, January 1, 1993, in the Roanoke Times and World-News. Send publisher's affiadvit and bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 City Clerk. RE .... L CITY~l, :~' ,- TO TNE CITY CT,E~ OF T~E CITY O~ ROA~O~E~ VIRGINIA PERTAINING TO THE STREET CLOSURE REQUEST OF: '92 N0¥ 24 A9"21 Request from James and Nancy Cross that a 672 ) foot section of Barns Avenue, N.W., be permanently)AFFIDAVIT vacated, discontinued and closed. ) COMMONWEALTH OF VIRGINIA) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is Seretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. provisions of Section amended, on behalf of Roanoke, she has sent November, 1992, day of December, owner or agent address: Parcel 6590101 6600201 6600111 6600102 Affidavit states that, pursuant to the 15.1-341, Code of Virginia, (1950), as the Planning Commission of the City of by first-class mail on the 23rd day of notices of a public hearing to be held on the 2nd 1992, on the street closure captioned above to the of the parcels listed below at their last known Owner, Aqent or Occupant Roanoke Regional Airport Commission United States of America Bliss Inc. Wayne I Ayers Address 5202 Aviation Drive Roanoke, VA 24012 5301 Barns Avenue Roanoke, VA 24019 5219 Peters Creek Road Roanoke, VA 24019 5175 Peters Creek Road Roanoke, VA 24019 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 23rd day of November, 1992. Mal~tha Pace Franklin CIT'r' ¢'* :' OOMMZ$$ION TO WHOM IT MaY CONCERN: The Roanoke city Planning Commission will hold a public hearing on Wednesday, December 2, 1992, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W., in order to consider the following: Request from James L. and Nancy W. Cross, that a 672 foot section of Barns Avenue, N.W., be permanently vaoated, discontinued and closed. 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, November 17, 1992 Please run in newspaper on Tuesday, November 24, 1992 Please send affidavit of publication to: Office of Community Planning Room 355, Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Please bill: Nancy W. Cross James L. Cross, Jr. 3817-2 Stratford Park Drive, SW Roanoke, VA 24018 989-5181 MINUTES OF THE AUDIT COMMITTEE OF ROANOKE CITY COUNCIL R£CEIV~ March 1, 1993(}1T¥ £17' ~' :,,. 1. Call to order: The meeting of the Roanoke City Audit Committee was called to order at 1:03 p.m. on March 1, 1993, with Chairman, William White, Sr., presiding. · The roll was called by Mrs. Barger. Audit Committee Members Present: William White, Sr., Chairman Mayor David A. Bowers Beverly T. Fitzpatrick Delvis O. McCadden Others Present: Robert H. Bird, Municipal Auditor James D. Ritchie, Assistant City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance Jesse A. Hall, Adm. of City Accounting Services Gordon E. Peters, City Treasurer Evelyn W. Barger, Administrative Assistant Thomas F. Baldwin, EDP Audit Supervisor F. Michael Taylor, Audit Supervisor Michelle R. Jones, Auditor Joel Turner, Press EXTERNAL AUDITS: Report Recommending an External Audit Firm The motion was made by Mr. Fitzpatrick and seconded by Mr. McCadden to approve the recommendation to contract with KPMG Peat Marwick as the City's external audit firm. The motion was approved unanimously. Mr. White recognized Mr. Bird for comment. Mr. Bird explained that the Roanoke City School Board asked to participate in the process so that they can receive additional audit services. Beginning fiscal year 1994, School Board will have its own component unit financial report. The School Board has agreed to pay for the additional services. the Mr. Bird also told the Committee that the City of Roanoke Redevelopment and Housing Authority agreed to participate. with the City in obtaining audit services, but the Authority cannot enter into more than a two year contract. The Housing Authority will sign a separate two year contract with KPMG Peat Marwick. Mr. McCadden asked if the Housing Authority could change firms at the end of the two year contract. Mr. Bird responded "yes". Mr. McCadden asked Mr. Bird if there was a problem with the Housing Authority signing a two year contract, and Mr. Bird responded "no". Mr. Bird explained Audit Co~nittee Minutes Page 2 March 1, 1993 to the Committee that the Housing Authority would go through the selection process of obtaining a firm for the two years on their own. Mr. White commended the Selection Committee for being able to get the Housing Authority to participate in the City's external audit contract negotiation process. INTERNAL AUDITS - Special Events Comm{ttee and Real Estate Accounts Receivable System: The motion was made by Mr. McCadden and seconded by Mr. Fitzpatrick to receive and file the two internal audit reports. The motion was approved unanimously. Mr. Bird gave a brief discussion on both of the above audits to the committee. Mayor Bowers asked if the $156,134.40 total dollar value of the 1992-93 year quoted in the Real Estate Accounts Receivable report was the total for the whole fiscal year and, if it included the special downtown district. The City Treasurer answered yes. UNFINISHED BUSINESS - Fraud, Waste & Abuse= Mr. Bird told the Committee that the Fraud, Waste & Abuse Hotline was looked into and that the cost was going to be in excess of $600 for a phone line plus the costs for maintaining the project. Mr. Bird proposed an alternative to a fraud, waste and abuse hotline. The alternative would be to distribute a letter to all City employees asking for their help in letting the Municipal Auditor know of any exposures that concern them. This would expand last year's audit planning questionnaire to include all City employees. Ail members of the Audit Committee were in favor of sending the letter to all City employees. Mr. White gave Mr. Bird the okay to pursue this approach to audit planning that will include concerns for fraud, waste and abuse. NEW BUSINESS: The scheduled Audit Committee meetings the year are: · June 7, 1993 · October 4, 1993 · December 6, 1993 for the remainder of Audit Committee Minutes Page 3 ~Maroh 1, 1993 Mr. Bird reported to the Audit Committee that several meetings back the Committee had talked about City-Wide Administrative Procedures. Mr. Bird told the Committee that this was now being worked on as a City-wide project and would hope to have a draft at July 1, 1993. Ail members of the Committee agreed that this should be done and that it was long overdue. Mr. White asked why the Municipal Auditor was taking the initiative on this project and not the City Manager. Mr. Bird responded that this is a cooperative effort being worked on through the cooperation of several departments including the City Manager and Finance. Mr. Grisso explained that several departments were working on this together and that when the project was finished, it would be turned over to Management and Budget, which is a department under the City Manager. Mr. Ritchie told Mr. White that the City Manager supports this project. Mr. Ritchie is very interested in this project and will be working personally with the comm%ttee heading this project. ADJOURNMENT= There being no further business, 1:21 p.m. the meeting adjourned at William White, Sr. , o3/()2.-'93 15 i % '"~703 981 ~ W- ': I __ RECEIVED CiTY CLER!",? OFFICE '93 H/~R-2 P3:05 / I /) t~ ADDRESS TO CITY COUNCIL, MARCH 8, 1993 by Mason Powell Executive Vice-President of the Roanoke Education Association and Resident of Roanoke City, 2225 Yellow Mountain goad, SE, 24014 Mayor Bowers, Members of City Council: I am a city resident and the Executive Vice-President of the Roanoke Education Association, and I again bring you concerns from approximately 600 of your education employees. As you know, our school board has passed the 1993-94 School System Budget. While we applaud the efforts of our administration and school hoard to get the most use from limited funds, we, the employees, have again been shortchanged. For most of us, our #raises" will not meet the level of inflation, so our actual income will again decrease! For a comparison, this yea~s beginning teacher made $28000 less in base salary than I as a beginning teacher did TWENTY-FIVE YEARS AGO after adjustments are made for inflation! I have for you a package documenting this and other statistics which show the continually deteriorating plight of Roanoke City teachers, especially over the last twelve years. While the 'average' teacher raise is 4.1 percent, an emharrassingly large number of us in that group will receive raises in the two percent range -- Twenty-eight percent of the teachers will receive only 2.0 percent, all beginning teachers will receive a 2.9 percent raise, and all teachers at the top will receive 2.5-to 2.6 percent raises. The approximately eight hundred non-teachers (classified and administrative personnel) will receive a flat, across~the-board, 2.5 percent raise. Our school board has been forced to present a balanced budget based on incomplete estimates of city funding. They have been forced to work from a limited, worst-case scenario that will probably become obsolete before the school year starts if the economy improves as expected, yet they will be bound by this preliminary estimate unless you choose to dole out more funds to them at a later date, and it appears that employees will not be eligible for any of those potential funds. We are told that, in a two-year-period, the school system's share of the city budget has fallen from 48 percent to 36.5 percent, to this year's 36 percent. We are told that last year's decrease was based on an expected windfall from the state that would equalize fair funding for city and school-system needs. We are further told that schools cannot expect that windfall from the state this year, and that a realistic assessment of needs end funding should return us to that 48 percent level. Yet you have not yet returned these funds to the schools! We applaud Mr. Pincus, our school hoard chair, for his recent comments expressing concerns about city leaders' commitment to education. I personally am absolutely frightened about the future of education in this valley. I am actively involved in two major thrusts to overhaul and improve public education. One is the Tech-Prep movement which targets the majority of our students who are caught in the middle between gifted end special education The other is the concept of World-Class Education. These educational reforms have the potential to totally revamp public education to meet the needs of our students who face an increasingly uncertain future. Unfortunately, I fear that these reforms may be doomed to failure if school systems do not have the necessary funding. Since it is apparent that the federal and state govermnents are withdrawing from funding most localities' needs, it is up to you, our city leaders, to provide adequate funding if quality education is to succeed. W'fll our leaders continue funding low education-employee wages and minimal educational budgets to train service personnel and laborers for a cheap labor force, or will you commit to funding the training necessary for a technologically-oriented labor force prepared to meet the elufllenges of the 21 st century? The answer lies in your hands -- the hands of City Council and other govemmem ot~cials. What is the future of education in Roanoke City? NL~RY F. PAI~k~J~ City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S,W., Room 456 Roanoke, Vir~a 24011 Telephone: (703) 981-2~41 SANDRA H. EAK1N Deputy City Clerk March 12, 1993 File #27-54-102-137-237-468 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31368-030893 interposing no opposition to designation of the Roanoke River from the Jefferson Street bridge upstream nor Tinker Creek within the City limits as endangered species waters based on assurances that said designation will have no impact on community projects or storm water runoff management; and opposing the designation of the Roanoke River downstream from the Jefferson Street bridge as endangered species waters based on the severe negative economic impact such designation would have on the City. Resolution No. 31368-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric, pc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Orisso, Acting Director of Finance Mr. Kit B. Kiser, Director, Utilities and Operations Mr. M. Craig Sluss, Manager, Water Department Mr. Steven L. Walker, Manager, Water Pollution Control Plant Ms. Dolores C. Daniels, Assistant to the City Manager for Community Relations MARY F. P~,KER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 12, 1993 File #27-54-102-137-237-468 Dr. Wendell H. Butler, Member Virginia Water Control Board 2118 Andrews Road, N. W. Roanoke, Virginia 24017 Dear Dr. Butler: I am enclosing copy of Resolution No. 31368-030893 interposing no opposition to designation of the Roanoke River from the Jefferson Street bridge upstream nor Tinker Creek within the City limits as endangered species waters based on assurances that said designation will have no impact on community projects or storm water runoff management; and opposing the designation of the Roanoke River downstream from the Jefferson Street bridge as endangered species waters based on the severe negative economic impact such designation would have on the City. Resolution No. 31368-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2~011 Telephone: (703) 981-2~41 SANDRA H. EAKIN Deputy City Clerk March 12, 1993 File #27-54-102-137-237-468 Mr. David Whitehurst Chief Biologist Virginia Department of Game and Inland Fisheries 209 E. Cleveland Avenue Vinton, Virginia 24179 Dear Mr. Whitehurst: I am enclosing copy of Resolution No. 31368-030893 interposing no opposition to designation of the Roanoke River from the Jefferson Street bridge upstream nor Tinker Creek within the City limits as endangered species waters based on assurances that said designation will have no impact on community projects or storm water runoff management; and opposing the designation of the Roanoke River downstream from the Jefferson Street bridge as endangered species waters based on the severe negative economic impact such designation would have on the City. Resolution No. 31368-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vir ~inia 2~,011 Telephone: (703) 981-25~1 SANDRA H. EAK1N Deputy City Clerk March 12, 1993 File #27-54-102-137-237-468 Mr. Richard N. Burton Executive Director Virginia Water Control Board P. O. Box 43 Richmond, Virginia 23230-1143 Dear Mr. Burton: I am enclosing copy of Resolution No. 31368-030893 interposing no opposition to designation of the Roanoke River from the Jefferson Street bridge upstream nor Tinker Creek within the City limits as endangered species waters based on assurances that said designation will have no impact on community projects or storm water runoff management; and opposing the designation of the Roanoke River downstream from the Jefferson Street bridge as endangered species waters based on the severe negative economic impact such designation would have on the City. Resolution No. 31368-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 8th day of March, 1993. No. 31368-030893. A RESOLUTION interposing no opposition to the designation of the certain portions of the Roanoke River and Tinker Creek as endangered species waters and objecting to the designation of other portions of the Roanoke River as endangered species waters. WHEREAS, the Commonwealth of Virginia State Water Control Board (VWCB) has proposed designating the Roanoke River from its confluence with Tinker Creek to the confluence of the north and south forks of the river as well as the entire reach of Tinker Creek within the City as endangered species waters; and WHEREAS, such designation of the Roanoke River downstream from the Jefferson Street bridge would negatively impact the City's sewage treatment and water supply systems; and WHEREAS, the City has been assured by VWCB officials that such designation would have no known impact on the Roanoke River Flood Reduction Project, sewer interceptor replacements along the river or creek, storm water management permits, or any other known impact; and WHEREAS, this Council understands that the decision whether to designate the portions of the river and creek will be made in consideration of the costs and benefits of such designation; and WHEREAS, this Council is vitally concerned with the protection of the environment but is also aware of the costs to the City of approximately $3,000,000 to $6,000,000 as a result of such designation of the Roanoke River downstream from the Jefferson Street bridge. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council does not oppose the designation of the Roanoke River from the Jefferson Street bridge upstream nor Tinker Creek within the City limits as endangered species waters based on the assurances that this designation will have no impact on community projects or storm water runoff management. 2. This Council opposes the designation of the Roanoke River downstream from the Jefferson Street bridge as endangered species waters based on the severe negative economic impact such designation would have on the City. 3. The City Manager is hereby authorized to submit written comments to the VWCB objecting to such designation. 4. The City Clerk is directed to forward a copy of this resolution to Mr. Richard N. Burton, Executive Director, Virginia Water Control Board, P.O. Box 43, Richmond, Virginia 23230-1143, Dr. Wendall Butler, member, Virginia Water Control Board, and David Whithurst, Chief Biologist, Virginia Department of Game and Inland Fisheries. ATTEST: City Clerk RECU',,EO CITY "l ~,~ ~', ..... '93 11itR-3 All :,q6 Roanoke, Virginia March 8, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Endangered Species City Council considered the then proposed listing of the Roanoke Logperch as an endangered species by the United States Department of the Interior during Council's October 24, 1988 and November 7, 1988 meetings. The issue was whether to oppose the proposed listing (designations) of this fish species as an endangered species. Correspondence at the time from officials of the Department of the Interior stated that the proposed listing would not affect the Sewage Treatment Plant or other planned projects. Resolution No. 29361, copy attached, was passed to ask the federal government to pay any cost to future projects caused by the listing. Attached is a copy of a notice of a public hearing and pertinent portions of documents received at that February 18, 1993 hearing. This information reveals that the Virginia Water Control Board (VWCB) is considering designating the Roanoke River from its confluence with Tinker Creek to the confluence of the north and south forks of the river as endangered species waters. Additionally, the entire reach of Tinker Creek within the City limits would likewise be designated. VWCB Water Quality Standards regulations prohibit the discharge of any waters containing halogens (halogenated waters) into waters that are designated as endangered species waters or natural trout stream waters. Halogens are a group of chemical elements that include: Chlorine (added to water and wastewater as a disinfectant) Fluorine (added to water as a tooth decay preventative) Bromine (may be used as a disinfectant, but the City uses chlorine) Iodine Astatine Page 2 Our wastewater discharge contains chlorine and fluorine. Crystal Spring waters contain fluorine. Crystal Spring reservoir contains fluorinated water. This basin must occasionally be discharged into Roanoke River below Jefferson Street Bridge to permit maintenance on the basin. Also, this basin cannot be maintained water tight and therefore leaks into the river. Current schedule is for the VWCB to make a decision on these proposed designations at its June, 1993 meetings. We know that this designation would require us to scrap our current sewage flow disinfection system construction initially as part of the 1976 plant expansion and enhanced in 1991 at a cost of $500,000. We would have to replace the current disinfection (chlorine/ sulphur dioxide) system with an ozone or ultra-violet system at a cost of $3,000,000 or $5,000,000. There is no logical solution to the basin at Crystal Springs, other than abandoning the current reservoir and constructing a new reservoir and pumping station system at an initial cost of approximately $1,000,000. We have been told by the VWCB officials that this designation would have no known impact on the proposed Roanoke River Flood Reduction Project, sewer interceptor replacements along the river or creek, storm water management permits, or anything else that is known. This is to request Council pass a resolution not opposing the designation of the Roanoke River from the Jefferson Street bridge upstream nor Tinker Creek within the City limits as endangered species waters based on statements that this designation will have no impact on community projects or storm water runoff management, however, objecting to the designation of the Roanoke River downstream from Jefferson Street bridge as endangered species waters, and authorizing the forwarding of any comments objecting to this designation downstream from 13th Street Bridge to the VWCB and other parties as appropriate. It is further requested that a copy of this resolution be sent to the City's representatives in the General Assembly, the area representative (Dr. Wendell Butler) on the Board of the VWCB and Dr. David Whitehurst of the Department of Game and Inland Fisheries. Respectfully submitted, W. Robert Herbert City Manager WRH:KBK:afm Attachments IN THE COUNCIL OF THE CITY OF The 7th day of November, 1988. No. 29361. ROANOKE, VIRGINIA, A RESOLUTION expressing support for designation of the Roanoke Logperch as an endangered species and requesting the federal govern- ment to share in any additional costs for community projects addressing needs along and crossing the Roanoke River and Tinker Creek that may result from such designation. WHEREAS, the U. S. Fish and Wildlife Service has proposed to list the Roanoke Logperch (Percina rex) as an endangered species; and WHEREAS, comments on the proposed listing by interested parties have been requested by the U. S. Fish and Wildlife Service; and WHEREAS, this Council understands that the decision whether to designate the Roanoke Logperch as an endangered species will be made on the basis of environmental and biological factors; and WHEREAS, this Council is vitally concerned with protection of the environment and is also aware of the potential for additional costs for community projects addressing needs along and crossing the Roanoke River and Tinker Creek as a result of such designation. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council supports the U. S. Fish and Wildlife Service propo- sal to'classify the Roanoke Logperch (Percina rex) as an endangered species and hereby respectfully requests that the United States government through the U. S. Fish and Wildlife Service or other suitable agency be responsible for and pay its fair share of any addi- tional costs for future community projects that may result from such an endangered species designation. BE IT FURTHER RESOLVED that the Clerk of this Council is directed to forward a copy of this resolution to the U. S. Fish and Wildlife Service, Senators John Warner and Paul S. Trible, Jr., and Representative Jim Olin. ATTEST: City Clerk. COMMONWEALTH o] STATE WATER CONTROL BOARD -~ -: ,,;-a25:5 '~hOTICE OF PUBLTC HEARINGS~ PUBLTC COMMENT PER~OD ~ ~2: ~c~ ~D OP~RTUNITY FOR FO~ ~ING -D; s;~ ~2~ 42~' PROPOSED ~ND~NTS TO THE WATER QU~ITY STUD--S No~lce is hereby given in accordance with % 9-6.14~7.1 of =he Code of V~rginia 2ha~ ~he s2a~e Wagek Con~rol Board in=ends ~o ~nd ~ 680-21-00 Wa~er Standards. ~t Secgion 62.1-44.15{3a) of =he Code of Virginia, as ~ended, conl~l~en~ wi~h =he ~le ind general ~licy of =he s~a=e Wi~er Con, coL Law, and ~o ~dify, ~end, or cancel any luch i~andardl or ~liciel el=ab~ilhed. Such I=andardl ihall be adopted only after a hearing ~l held and =he Board ~akel ~dardl ~e ,dopC~, ~difi~ o= cance~l~. T~e p=o~l~ ~en~en~l are on Cec~nda=lonl fr~ ~he Depa~n= of Conle=va=ion and Recrea~ion, of Gw and Inl*nd Filheriel, Dep*r~menC of He*l~h *nd ~he S~a=e Wa~er Con=ro~ Board. ~z The purple of ~he p=o~ied ~nWn~l il ~o ~d~fy the Wa~ec S=andardl Re~La~on ~o enlu=e ~ha~ ~neficial wa=er ulel ire u~a=ed, corrected and clarifi~. To acc~pLilh =hil =he Bo~d will conlidir ~nWn=l ~o S~cl*l Dil~gn/~ionl ~n Surface Wa~er (~ 680-21-07.2), Nu~r~en~ Enriched Wa=ers (~ 680-21107.3), *nd River B*l~n Se~ion T~lei {~ 680-21-08). I MPA~ ~ ~uld be p=oviding pro~e~ion ~hrough ~hl hll~en b~ ~o end~ger~ i~ciel 863 iddi~ionlX mlXel of i~=e~. In addition, ~hrough ~hele ~n~entl al1 trout n=re~l ~d ~XLc wide= lu~Xiel ~uld ~ u~a~ ~d correctly iden~ifted and discharger of SO,O00 gallonl ~= day or large= =o l~i~ =he~c average ~n~hly =o~lL pholpho~l dilchl=ge Co 2 ~/L ~d ~hul =~uce =he con=ribu=ion of ~it~l dLich~ging ~nto one of =he n~ end~ge=~ s~ciee wapiti. Certain re~ir~n~l (~ 680-21-01.1~.s) apply ~n ~hele wapiti lUCh ~ha~ any d~lcha=g~ng ~aCo one of ~hile it~eBl e~her ~IC ull an alternate fo~ of d~linfe~oa ~r ~ chlorine o= add dlchlo=~na~on de.riding on ~he voL~e of their d~lCh~. ThL~y-t~ve ~m~C~ d~lchuge~l v~ll ~ atfec=~ by ~he dechLor~na~ion r~lr~n~s or =he baleen b~ ~ an a~rox~e ~o=al cos~ of $997,256 tot conltnC~On and u iddi~ional $19,771 In o~ra~on and maintenance each ~ilf. In add~on, ~hire a~ ~N facl~el thac d~lcha~e ~o $ (OV~R) meet human health standards for water and fish consumption. It is unknown what the COlt to meet these human health itlndardl will be until the quality of their effluent il determined. If no data are available at the time of their next permit issuance, each of these facilities may have monitoring reg~irsments placed in their permit at a colt of approximately $2,500 for the life of the permit. Also, there is one s~ream (Dismal Creek in Buchanan county) that is being upgraded to a put and take trout stream whlrl three dischargel are located; these diachargerl may have to meet more stringent dillOlved oxygen and/or aaunonia limits. Bach of rheas facilities also may have additional monitoring requirements placed in their permits at the time of their next issuance at a cost of approximately $420 - $600/year. NO additional State Water Control Board regulations will apply to discharging =o new Scenic Rivmrl (~ 680-21-07.2.A). The Scenic River dlligna=ionl are lil=ld for info~a~iona~ put.lei only. ~: Public hearingl on ~he pro~led ~en~en~l wil~ be he~d a~ 2:00 p.m. on W~nelday, February 10, 1993, in =he Board Ro~, State Wa~er Con=re1 Board Offices, Innsbrook cat.rate Cmn=er, 4900 Cox Road, Glen Allen; a= 7:00 p.m. on Thursday, February 11, 1993, a: =he Harriso~urg City Council Cheers, Municipal Building, 345 S. Main S~ree=, Harrilonburg; a~ m. on~ed~ February 17, 1993~li~Y of Virginia, ~m~n COne public on =hi pro~lal. The ~el=ion and answer ~=lod will begin 1/2 hour OP~RTUNITY ~ FO~ ~ING= The Board will hold a fo~al hearing a= a time and p%lCl ~o ~ llC~llhg, If a ~iCion fo= lUCh i hearing Il received and of facC directly relevan~ ~o ~he %~ll validity of =he prO,lid ac=ion. Pl=i~ionl mul~ ~ =hi r~i=~n~l of ~ 1.23(b) of ~hl Board'l Procedural Rule No. i (1980), and muir be rlcliv~ by 2hi con~ac~ ~rlon dlligna~ be%~ by 4=00 p.m. on Monday, February 11, 1993. AC~iBILiTY ~ pE~NS WI~ DIS~ILITIES= The hearings are being held ~rson wi~h~escions on ~he accessibility of ~he faclll~ies should concac~ Mrs. Jackson aC 2hi address ~vl or by ~lLlpho~ a= (804) 527-5163 o= ~D (804) 527- 4261. Pl:lOnl ~l~g ~tl~l~l~ iI;V~Cll ~o: ~hl dll~ m~l~ no~ M[I. Jackson no La,e= ~h~n~nday, Janu~ 25, ~993. ~O~ST FOR ~S~ ~e ~d s~k. c~n~s on =he pro~s~ ~n~n=. and =he c~.=. and benefits of ~he p=o~l~ ~n~n~s. In order =o be considered, written c~n=s .hould~di=ec~o l.;e. Loci J.ckson, Hearing Re~=~e=, wa~er Con=teL ~d, P.O. ~ 11143, RLc~nd, V~=g~n~a 23230, and :.Cl~vld by 4~00 ~... on ~dly, ~ch 15, 1~3. ~z In addLe/on, ~he~ency has~rfo~cer=aLn~alysee on avail~Le ~o ~he public u~n ~lleano=e DAub, OffLce of la~:osn~l ~l~e~=ch and S~lndud~, s~e Con=tel ~*=d, P.O. ~x 11143, R~c~nd, vl=gLn~* 23230, (804) 527-5091. PROPOSED AMENDMENTS PAGE 3 WATER QUALITY ST~uNDARDS - SEPT. 21, 1992 ALBE~dARLE SOUND SUBBASIN The North Landina River from the North Carolina line to the brides at Route 165. Pocatv River from its ~unction with North Landin= River to the Blackwater Road Brides. W~S% Neck Creek from the tunction with the North Landin= River to Indian River Road Brid~e. and Blackwater Creek fr~m the ~n~%i~n w~th the North Landina River to its confluence, approximately 4.~ miles, of an unnamed tributary 1.75+/- mile~ w~% O: Blackwater Road (26+miles). TENNESSEE AND BIG SANDY RI~;ER BASINS CLINCH RI~rER ~BBASIN Guest River from a ooint 100 feet do~nstream of the Route 72 Brid~e to the %unction with the Clinch Rivpr in Scott and Wise County (6.5+ miles}, B. Trout Streams Trout s~reams that are Class { i and {~ ii according to the eemm*ss*e~ ~ of Game and Inland Fisheries Classification ~m %h~s beek~e%? are indicated in the River Basin Section Tables ~ C. Waters Containing Endangered or Threatened Species. The following waters pFev*de emsene~a~ oF er~ea~ heb~eae far emdem~e~ed e~ ~u~ee~e~ed spec&es wh&eh have been identified by S~ee*es Ae~ e~ ~9~e? ae &me~ded the Denartment of Game and Inland Fisheries as waters containin= endan=ered or threatened snecie* and includes the Federal Endan=ered and Threatened Smecip~ ~st of the Endan=ered Sueciee Act of Decenfl~er 28. 197~ (1~ U.$.C. 1531-1543%. as Amandd~, If ~Ae ~?~? P*sh a~d W*~d~e Deuaz~nnent of ~e and Inland Fisherie~ identifies new waters containing endanger~ or ~matened species, the Board shall consider ~e nme4 =0 protect these beneficial uses in reviewing dis~arge p~its and other actions until such time as the waters are officially add~ to the list in this section. POTOMAC RIFBR POTOMAC R~ B~;BB~I~J A~uia Creek from County Route 641 crossin= upstream to County Rout~ ~arf we~e musse~ Alasmidon~a he~ero~on PROPOSED AMENDMENTS PAGE WATER QUALITY STAND;tRDS - SEPT. 21, 1992 J]~M~S RIF~R Catawba Creek from its confluence with the James River upstream to its James eminvmuaeel ?leurobema (-Canthvria~ collins (~amee River sDinvmussel) ~aia Creek from its confluence with the James River upstream to its qgnfluence with Johns Creek. James suin~ussel ~eurobema (-Can~hvria~ collina (~ames River suin~ussel) Dicks ~eek from its confluence with Johns Creek'upstream to its James suin~ussel Pleurobema (~Canthvria~ collina (~a~es River suin~ussel~ Jo~s ~eek from its confluence with Crai~ Creek upstream to its James sDin~ussel Pleurobema (-Can~hvria~ collina (~ames River Lickinuhole ~eek fr~ its confluence with the railroad ~ossin~ {tres~leJ at =ever mile 6.97. James suinvuussel (-Janes River sminvmussel~ ~cb,,~ River from U.S. Route upstream to its headwaters. Bnd&nae~ed 8ueoies James suinvmussel (-James River suinvmussel~ ?leurobema (-Canthvria) collina 64 brides croesina ;river mile 14.04) ?leurob~ma (-Canthvria) c011ina · PROPOSED AMENDMENTS PAGE 5 WATER QUALITY STANDARDS - SEPT. 21, 1992 Patterson Creek from its confluence with Craia Creek unstream to its lnden=ered Suecies James suinvmussel Pleurobema (-Canthvria) collina {-Jamg~ ~iver suinvmussel) Pedlar River from its confluence with the James River upstream to its · ndan=ered Sueoils James sDinvmuesel Pleurobema (-Canthvria) collina (-James River suinvmussel~ Ports Creek from its confluence with the Jackson River uustream to its headwaters (at the Virainia/West Vir=inia/State line~. lndan=ered James suinvmussel Pleurobema (-Canthvria~ collina f-James River sDinvmussel~ Rocky Creek from its confluence with Wards Creek uuetream to its James suinvmuseel Pleurob~a (~Canthvria~ collina (-James River suinvmussel~ RO/%NOKZ RI~FEH ROl%NOKZ RIFER 8UBBABIN Aarons Creek from ~he Vir~inia/Noz~:h Carolina State line downstream to the John H. Kerr Reservoir. · ndan=ered ~ueu~em ~ Etheostoma collie leu£dinion Pie= River from its confluence with Leesville Lake uostream to its confluence with Hatchet Creek · ~ndan~ered Species (near Waidsborol. Roanoke River from the uustream limits of the City of Altavista (river mile 130.65) upstream to Leeeville Lake at dam (river mile 140.50). znd&n~ered Smokies ~ Noturus flaviuinnis PROPOSED AMENDMENTS PAGE 6 WATER QUALITY STANDARDS - SEPT. 21, 1992 Roanoke River from its confluence with Tinker Creek fin Roanoke~ upstream to the confluence of the North and South Forks. North Fork Roanoke River from its confluence with the ~ uustr~sm to its confluence wi~h Cedar Run (near Ellett~. ~ndanaered Suecies South Fork Roanoke River from its confluence with the Roanoke River upstream to its confluence wi~h Bottom Creek. Rock Castle Creek from its confluence with the Smith River upstream to ~he State Route 40 crcssinq. Smith River from Philnott Lake (at dam~ u~stream to its headwaters Tinker Creek from its confluence with the Roanoke River upstream to __~ croesino of State Route 11 ~ult do, stream of Cloverdale. Twittvs Creek from its confluence with Roanoke Creek uustream to =he dovnatream limits of the Torn of Drakes Branch. Rndanaerad SueGiel ~ Etheostoma collie QUESTIONS AND ANSWERS ON TH~ PROPOSED SECTION VR680-21-07.2, 07.3 AND 08 WATER QUALITY STANDARDS AMENDMENTS e What ts ~he purpose of § VR680-21-07.2 (S~tal Designations in Surface Water) ? This section of ~he regulation lists scenic river segments, endangered and threatened species waters, and subclass i and ii trout streams as "Special Designations in Surface Waters.,, Scenic %var segments are those recognized in the Code of Virginia and are lstedL.at the request of the Depare_ment of Conservation and ecrea=lon. The endanaered and threatened species are listnd ~eca~e .c~lo~%na and o~-her ha!pqenated comnou~ds are not zor alsznzec=lon purposes in dls~hs~aes to these str~m~ (see -VR680-21-01.11.B.5).- Subclass i a~-ii natural =rout the highest rated trout streams according to the Department of Game and Inland Fisheries. The halogen ban a~pliee in these streams it does in all natural trou= streams (subclasses i - iv) -- Why is ~ VR680-21-07.2 (Special Designations in Surface Waters) This section is being amended in order to reflect new scenic river segments recognized in the State Code and new endangered species waters identified by the Depare_ment of Game and Inland Fisheries (which includes species identified under the Federal Endangered Species Act) since 1987. What is the purpose of § VRSSO-21-0?.3 (Nutrient Enriched Waters)? This section contains a list of waters that are considered nutrient enriched because they contain high phosphorus concentrations, high chlorophyll levels or have widedissolved oxygen concentration fluctuations. Nutrient enrichment causes overgrowth of algae with subsequent oxygen depletion and possible fish kills occurring. To control these problems to these waters, a 2 mg/L phosphorus permit limit applies to discharges into these streams (see § VR 680-14- 0~). Why is § VR680-21-07.3 (Nutrient Enriched Waters) being amended? This section is being amended to include a new body of water that the State Water Control Board has identified through our Lake Monitoring Program to be nutrient enriched. Claytor Lake has high levels of phosphorus which can lead to nutrient enrichment problems as described a~ove. What is ~hepux1~o~m of § VR680-21-08 (RiverBed§n Section Tables)? Each body of water in Virginia is classified in this section. Waters are designated as Class I (Open Ocean), II (Estuarine), III (Non-tidal), IV (Mountainous), V (P~t a~! Take Trout Waters) or vi (Natural Trout Waters). Other uses (sceptic rivers or public water supplies), special standards, site specific pH standards, and trout water subclass§float§ohS associated with each body of water are also noted in this section. MARY F. pAIRlcF~ City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 21~ Church Avenue, S.W., Room Roanoke, Virainia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 12, 1993 File #77-330 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31369-030893 in support of the prompt adoption of the Commonwealth Transportation Board of the draft Policy on Placing Utility Facilities Underground under date of December 3, 1992, with a revision that the Virginia Department of Transportation share in fifty percent of the total net underground relocation cost without regard to any maximum cost limitation. Resolution No. 31369-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, fO~*~----- Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Mr. William L. Stuart, Manager, Streets and Traffic Mr. Kit B. Kiser, Director, Utilities and Operations Mr. Jesse H. Perdue, Jr., Manager, Utility Line Services MARY F. P~,KER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vir ~inia 2A011 Telephone: (?0~) 981.2~41 SANDRA H. EAKIN Deputy City Clerk March 12, 1993 File 4/77-330 Mr. Randy W. Hildebrandt Assistant City Manager City of Newport News 2400 Washington Avenue Newport News, Virginia 23607 Dear Mr. Hildebrandt: I am enclosing copy of Resolution No. 31369-030893 in support of the prompt adoption of the Commonwealth Transportation Board of the draft Policy on Placing Utility Facilities Underground under date of December 3, 1992, with a revision that the Virginia Department of Transportation share in fifty percent of the total net underground relocation cost without regard to any maximum cost limitation. Resolution No. 31369-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, ~/9.~-~.__ Mary F. Parker, CMC/AAE City Clerk MFP: sm ~RY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I Telephone: (703) 981-254.1 SANDRA H. EAKIN Deputy City Clerk March 12, 1993 File #77-330 Mr. R. R. Bennett State Utilities Engineer Virginia Department of Transportation 1401 East Broad Street Richmond, Virginia 23219 Dear Mr. Bennett: I am enclosing copy of Resolution No. 31369-030893 in support of the prompt adoption of the Commonwealth Transportation Board of the draft Policy on Placing Utility Facilities Underground under date of December 3, 1992, with a revision that the Virginia Department of Transportation share in fifty percent of the total net underground relocation cost without regard to any maximum cost limitation. Resolution No. 31369-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. IN THE COUNCIL OF THE CITY OF ROANOKE, The 8th day of March, 1993. No. 31369-030893. VIRGINIA, A RESOLUTION in support of the Virginia Department of Transportation Proposed Policy on Placing Utility Facilities Underground. WHEREAS, highways and utility facilities are commonly located within the same rights-of-way along transportation corridors, so therefore, the location of utilities in relation to roadways needs to be carefully considered in the design and construction of highway improvements; WHEREAS, the Virginia Department of Transportation has historically considered the replacement of overhead utilities with underground facilities as a non-project expense to be paid for entirely by a locality; WHEREAS, the relocation of overhead utilities underground visually enhances the urban environment and makes roadways safer; WHEREAS, aesthetically pleasing, safe and cohesive urban transportation corridors support the superior quality of life that is vital to retaining existing businesses and attracting new enterprises; WHEREAS, at the urging of local government, the Virginia Department of Transportation has developed and proposed a Policy on Placing Utility Facilities Underground, and such policy provides, for the first time, that the net cost of placing utilities underground will be shared by the Department and the locality; and WHEREAS, under the proposed Policy, the decision on when and where utilities are placed underground remains at the discretion of the locality. THEREFORE, BE IT RESOLVED, that the Council of the City of Roanoke supports the prompt adoption of the Commonwealth Transportation Board of the draft Policy on Placing Utility Facilities Underground, dated December 3, 1992, with a revision that the Virginia Department of Transportation share in fifty percent (50%) of the total net underground relocation cost without regard to any maximum cost limitation. ATTEST: City Clerk. Roanoke, M~ch7 8, Virginia 1993 The Honorable David A. Bowers, and Members of City Council Roanoke, Virginia Mayor Dear Mayor Bowers and Council Members: Subject: Virginia Department of Transportation Proposed Policy on Placing Utility Facilities Underground II. III. Background: Highway and utility facilities are commonly located within the same rights-of-way along transportation corridors. Virginia Department of Transportation (VDOT) has historically considered the placement of overhead utilities with underground facilities as a non-project expense to be paid for entirely by a locality. Relocation of overhead utilities underground can visually enhance the urban environment and improve vehicular safety. Current Situation: A. Proposed Policy on Placinq Utility Facilities Underground has been developed by VDOT at the urging of local governments. Under the policy the net cost of placing utilities underground would be shared by the Department and localities. Written comments regarding the proposed policy may be submitted to VDOT by March 8, 1993. Issues: A. Environmental enhancement. B. Cost to the City. C. Impact on street improvement program. - 2 - IV. Alternatives: City Council support adoption of the proposed Policy on Placinq Utility Facilities Underqround requesting the Virginia Department of Transportation to share in fifty percent (50%) of the total net underground relocation cost. Environmental enhancement. Aesthetics will be improved along transportation corridors where overhead utilities are relocated underground as part of urban construction projects. Cost to the City. For each highway improvement project, estimates will be developed and the City will be required to share in fifty percent (50%) of the net underground relocation cost. The City will only be obligated on those projects where a specific request for underground utilities is authorized by City Council. Impact on street improvement program. The VDOT share of the net underground relocation cost will come from the City's urban allocation for highway improvements. The City will need to carefully analyze each project before deciding to request these additional enhancements. City Council not support adoption of the proposed Policy on Placinq Utility Facilities Underground. Environmental enhancement. Although the policy may still be adopted by VDOT, Roanoke will miss the opportunity to join with other localities throughout the Commonwealth in urging the Transportation Board to implement this change. o Cost to the City. If the policy is not approved by the Commonwealth Transportation Board, the City will continue to be responsible for the total cost for replacing utilities underground except for designed areas such as downtown and redevelopment projects. 3. Impact on street improvement program will be moot. - 3 - V. Recommendation: City Council approve Alternative "A" and adopt a resolution urging the Commonwealth Transportation Board to approve the proposed Policy on Placinq Utility Facilities Underqround, dated December 3, 1992, with a revision that VDOT share fifty percent (50%) of the total net underground relocation cost without regard to any maximum limitation. Respectfully submitted, W. Robert Herbert City Manager WRH:WFC:pr CC: City Attorney Director of Finance Director of Public Works Mr. William Clark Director of Public Works 215 Church Avenue, Room 354 Roanoke, Virginia 24011 Dear Bill: In reference to your conversation with Mr. Maroney, I am enclosing a model resolution which we have prepared to support adoption of VDOT's proposed policy on sharing of cost for placing utilities underground. We suggest that this resolution be presented to your City Council as a method for your City to express an official position on the policy. VDOT is accepting written comments on the proposed policy until March 8, 1993. If your City Council adopts a resolution, it should be submitted to Mr. R. R. Bennett, State Utilities Engineer, VDOT, 1401 East Broad Street, Richmond, Virginia 23219. We would also appreciate being sent a copy of any resolution which is adopted. If you have any questions on this matter feel free to contact me at (804) 247-8411. Very truly yours, Ra~ebrandt Assistant City Manager RWH: bjb Enclosure Virginia Department of Transportation Policy on Placing Utility Facilities Underground DATED: DRAFT - December 3, 1992 1.00 PURPOSE To prescribe the policies, procedures and reimbursement provisions for the underground relocation of existing overhead utility facilities on transportation improvement projects. 2.00 AUTHORITY In accordance with §33.1-12(3) of the Code of Virginia, as amended, the Commonwealth Transportation Board is authorized to adopt and promulgate rules and regulations regarding the operation and safety of the State Highway Systems. In accordance with §33.1-44 and §33.1-96 of the Code of Virginia, as amended, and judicial rulings and legal opinions, the Commissioner of the Virginia Department of Transportation shall reimburse utility companies for the non-betterment relocation of their facilities affected by a transportation project, where the facilities are located on private property, the utility company has a real property interest/right or by a prior agreement. 3. O0 APPLICABILITY This policy applies to transportation projects which are created and constructed in accordance with §33.1-44 of the Code of Virginia, as amended, which covers the Urban System of Highways. This policy shall not apply to overhead electric transmission facilities which operate at a voltage in excess of 100 KV due to excessive costs and potential operational problems. 4.00 POLICY Since by tradition and practice, highway and utility facilities frequently coexist within common rights of way or along the same transportation corridors, it is essential in such situations that these public service facilities be compatibly designed and operated. 1 ~±~Approved Draft 12/17/92 The potential impact on the highway and its users should be considered in the design and location of utility facillties on or along highway rights of way. The manner in which utility facilities are located with respect to the traveled roadway can materially affect the highway, its safe operation, aesthetic quality and maintenance. Similarly, due to replacement cost theories, most utility relocation plans are developed based upon a similar replacement facility. Existing overhead utility facilities are usually placed in a new overhead position which is compatible with the proposed roadway features and the clear roadside recovery policy. Existing overhead utility facilities have previously been placed underground when project design features left no other choice. It is recognized that even when the utility poles are placed in accordance with the clear roadside recovery policy, their presence poses a potential hazard to the safety of the traveling public. It is also accepted that highway corridors which do not have overhead utility facilities have economic and environmental benefits that are in the public's interest. Therefore, in the applicable situations as outlined in §3.00 and when the requirement~ as outlined in §6.00 have been met, the Commissioner is authorized to reimburse the utility company for a portion of the additional costs to replace existing overhead utility facilities with underground facilities. This shall include customer services which are located between the distribution facility and the building or meter point. When overhead utility facilities are replaced with underground facilities, certain appurtenances which are normally installed aboveground in accordance with accepted utility practices may be so installed. These include equipment such as electric distribution transformer, switch gears, meter pedestals, telephone and cable television pedestals, and terminals and other similar equipment. Meters and service connection attached to buildings may continue to be attached above ground. Within the selected segment of a project which shall involve underground facilities in accordance with this policy, the underground facilities shall extend a maximum of seventy five (75) feet beyond the end of the proposed construction for any connecting side street or roadway, unless it is determined to be necessary from an engineering standpoint to extend beyond this limit. 2 t'l'B Approved Draft 12/17/92 5.00 In no instance, shall any betterment cost, as defined in §5.00, be paid by the Commissioner. When necessary to facilitate the construction sequencing or other considerations, temporary overhead line may be installed in connection with projects selected for replacement with underground facilities in accordance with this policy. DEFINITIONS For the purposes of this regulation the following definitions should apply: (a) Utility- a privately, publicly or cooperatively owned line, facility or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including any firm or police signal system or street lighting system, which directly or indirectly serves the public. The term utility shall also mean any wholly owned or controlled subsidiary of a utility company. (b) Betterment- any upgrading of the utility facility being relocated that is not attributable to the highway construction or the placing of the facility underground and is made solely for the benefit of and at the election of the utility. (c) Relocation- the adjustment of utility facilities required by the highway project. It includes removing and reinstalling the facility, including necessary temporary facilities, acquiring necessary rights of way on the new location, moving, rearranging or changing the type of existing facilities and taking any necessary safety and protective measures. It shall also mean constructing a replacement facility that is both functionally equivalent to the existing facility and necessary to continuous operation of the utility service, the project economy or sequence of highway construction. (d) Theoretical Replacement Facility- a preliminary utility relocation engineering design, of sufficient detail, which indicates the necessary utility relocations required for the most economical adjustments necessitated by highway project construction. This design shall be based upon the standard of practice prevalent across the state and the latest design criteria of the Department. 3 ~l~ Approved Draft 12/17/92 6.00 (e) Theoretical Replacement Facility Cost- an engineering cost estimate prepared for the theoretical replacement facility. GENERAL REQUIREMENTS A local governing body must enact an ordinance or regulation requiring that all new utility facilities, publicly or privately owned, be installed underground and establish criteria where modifications to existing overhead facilities shall necessitate putting the replacement utility facilities underground. Such an ordinance or regulation shall apply to a designated geographic segment or segments of the locality (i.e. wards, voting precincts, utility districts). A local governing body must provide the Department with a resolution, in connection with a proposed transportation project, requesting that the Department have the utility relocations placed underground as a part of the project. They may elect to put all or a portion of the utility facilities within the project area underground, provided the previously described ordinance or regulation is effective within the selected limits. A copy of the ordinance or regulation shall be provided with the resolution. The resolution shall also include assurances that future overhead utility facilities required for any proposed improvement, including street lighting, shall not be permitted within any section of a project where the utility facility was placed underground in accordance with this policy. In addition, assurances shall be included that the local governing body has the financial resources available to pay its share of the costs to place facilities underground as defined in Section 7.00. The Commissioner shall determine which projects are eligible for federal funding and shall utilize the available federal funds on those projects which meet the Department's overall program objectives. The decision to utilize or not utilize federal funds shall, in no way, affect the Commissioner's financial participation under this policy. The locality shall not directly request federal funds for the payment of its share of any additional costs, as defined in §7.00. 7.00 COST DEVELOPMENT AND REIMBURSEMENT The utility owner will prepare a plan for the theoretical replacement facility of sufficient detail so that a cost estimate can be prepared. The plan may be red-lined on the ~l'sApproved Draft 12/17/92 4 highway plan sheets and a copy is to be submitted to the Department. An engineering estimate of the theoretical replacement facility cost shall be prepared by the utility owner using the cost estimating system approved for use on highway relocation projects. This estimate shall include all customary overhead loadings. The Department shall prepare the cost responsibility determination form (UT-9) in accordance with the Department's Utility Relocation Procedures Manual, based upon the existing facilities in conflict with the proposed construction and those that would be relocated based on the theoretical replacement facility plan. In accordance with the procedures, the utility owner shall provide any additional compensable rights documentation to the Department in order that final cost reimbursement can be developed. This proration of cost shall be defined as a percentage and shall be applicable to the theoretical replacement facility cost. The utility owner shall prepare a plan and estimate assembly, as defined in the Utility Relocation Procedures Manual, for the utility relocations proposed to be constructed in connection with the highway project. The plan and estimate shall be based on placing utility facilities underground for the portion of the project selected by the locality in accordance with this policy. Whenever it is in the best interests of all involved parties, a portion or all of the utility relocation work (such as conduits, manholes, etc.) may be included in the highway contract as work to be performed by the highway contractor. Appropriate special provisions should be prepared regarding coordination of the contract work with any work to be performed by the utility owner. The cost of those easements required for the theoretical replacement facility will be a normal project cost in accordance with the Utility Relocation Procedures Manual. The Department may include a portion or all of the cost of the acquisition of additional replacement utility easements required by placing the facilities underground in cost of the project. The cost estimate prepared for the proposed utility relocation shall include a breakout and deduction of any betterment cost resulting from any upgrading included at the election of the utility owner. In addition, the final estimated relocation cost shall be distributed on a percentage basis to the appropriate responsible party in accordance with the following reimbursement schedule. 5 CI'B Approved Draft 12/17/92 If it is elected to place utilities underground in accordance with this policy, the Commissioner shall reimburse the utility companies for nonbetterment utility relocation work as follows: Part A Cost The theoretical replacement facility cost developed by the utility owner and accepted by the Department. Reimbursed by: Department - 98% of the portion of the prorate percentage shown as State cost on the cost responsibility determination form (UT-9) prepared for the project. Locality - 2% of the portion of the prorate percentage shown as State cost on the cost responsibility determination form (UT-9) prepared for the project. Utility Company - that portion of the prorate percentages shown as utility cost on the cost responsibility determination form (UT-9) prepared for the project. Part B Cost The mathematical difference between the proposed estimated underground relocation cost and the theoretical replacement facility cost, not to exceed $2,500,000. Reimbursed by: Department - 50% of the Part B Cost Locality - 50% of the Part B Cost Utility Company - None Part C Cost The mathematical difference between the proposed estimated underground relocation cost and the theoretical replacement facility cost, less the Part B Cost and not to exceed $2,500,000. Reimbursed by: Department - 25% of the Part C Cost Locality - 75% of the Part C Cost Utility Company - None 6 CTBApprovedDraft 12/17/92 Part D Cost The mathematical difference between the proposed estimated underground relocation cost and the theoretical replacement facility cost, less the Part B Cost and the Part C Cost. Reimbursed by: Department - None Locality - 100% of the Part D Cost Utility Company - None After each parties' share of the reimbursement cost has been determined in accordance with the above, the sum of the total of all parts shall be computed and a percentage, for each party, of the total proposed estimated relocation cost shall be developed. This composite percentage shall be approved and authorized by the Department and the Locality. The utility owner shall submit separate billings to each party for their share of the actual relocation cost. A final billing shall be prepared in accoidance with the Utility Relocation Procedures Manual, and will be subject to the audits as outlined in the agreement. 8.00 EFFECTIVE DATE This policy shall be effective on the date the Commonwealth Transportation Board's approval is obtained. This policy shall not be retroactive to any utility relocation work which was authorized for construction prior to that date. 7 C~fB Approved Draft 12/17/92 RECE!V£O Roanoke, Virginia March 8, 1993 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Council Members: Subject: Virginia Department of Transportation, Proposed Policy on Placing Utility Facilities Underground Please reserve space on your agenda for a report pertaining to the above subject. Respectfully, W. Robert Herbert City Manager WRH:WFC:pr cc: City Attorney Director of Finance Director of Public Works DRAFT RESOLUTION NO. A Resolution in support of the Virginia Department of Transportation Proposed Policy on Placing Utility Facilities Underground. WHEREAS, highways and utility facilities are commonly located within the same rights-of-way along transportation corridors, so therefore, the location of utilities in relation to roadways needs to be carefully considered in the design and construction of highway improvements; WHEREAS, the Virginia Department of Transportation has historically considered the replacement of overhead utilities with underground facilities as a non-project expense to be paid for entirely by a locality; WHEREAS, the relocation of overhead utilities underground visually enhances the urban environment and makes roadways safer; WHEREAS, aesthetically pleasing, safe and cohesive urban transportation corridors support the superior quality of life that is vital to retaining existing businesses and attracting new enterprises; WHEREAS, at the urging of local government, the Virginia Department of Transportation has developed and proposed a Policy on Placing Utility Facilities Underground, and such policy provides, for the first time, that the net cost of placing utilities underground will be shared by the Department and the locality; WHEREAS, under the proposed Policy, the decision on when and where utilities are placed underground remains at the discretion of the locality. NOW, THEREFORE, BE IT RESOLVED that the City Council of supports the prompt adoption by the Commonwealth Transportation Board of the draft Policy on Placing Utility Facilities Underground, dated December 3, 1992 with a revision that the Virginia Department of Transportation share in fifty {50} percent of the total net underground relocation cost without regard to any maximum cost limitation. kds.resovdot MARY F. PARKF~ City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 12, 1993 File #27-405 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31371-030893 authorizing execution of a contract with Mattern & Craig, Inc., to provide certain engineering services, specificaily various phases of design and construction contract administration for portions of the Sewershed Corrective Action Project, as more particularly set forth in your report under date of March 8, 1993, in the amount of $140,800.00. Resolution No. 31371-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. pc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Mr. Earl Sturgill, P~oject Manager Ms. Sarah E. Fitton, Construction Cost Technician Mr. Kit B. Kiser, Director, Utilities and Operations Mr. Jesse H. Perdue, Jr., Manager, Utility Line Services Mr. Steven L. Walker, Manager, Water Pollution Control Plant Ms. Dolores C. Daniels, Assistant to the City Manager for Community Relations Mr. Barry L. Key, Manager, Office of Management and Budget MARY F. pAI~KF~ City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAK1N Deputy City Clerk March 12, 1993 File #27-405 Mr. Steven A. Campbell, Engineer Mattern and Craig, Inc. Consulting Engineers and Surveyors 701 First Street, S. W. Roanoke, Virginia 24016 Dear Mr. Campbell: I am enclosing copy of Resolution No. 31371-030893 authorizing execution of a contract with Mattern & Craig, Inc., to provide certain engineering services, specificaily various phases of design and construction contract administration for portions of the Sewershed Corrective Action Project, as more particularly set forth in a report of the City Manager under date of March 8, 1993, in the amount of $140,800.00. Resolution No. 31371-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, The 8th day of March, 1993. No. 31371-030893. VIRGINIA, A RESOLUTION authorizing the execution of a contract with Mattern & Craig, .P.C. to provide certain engineering services, specifically various phases of the design and construction contract administration for portions of the Sewershed Corrective Action Project. BE 1. IT RESOLVED by the Council of the City of Roanoke that: The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement with Mattern & Craig, P.C. for the provision by such firm of engineering services, specifically, various phases of the design and construction contract administration for portions of the Sewershed Corrective Action Project, as more particularly set forth in the March 8, 1993, report of the City Manager to this Council. 2. The contract amount authorized by this resolution shall not exceed $140,800.00 without further Council authorization. 3. The form of the contract with such firm shall be approved by the City Attorney. ATTEST: City Clerk. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 2~011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 12, 1993 File #60-27-405 Mr. James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31370-030893 amending and reordaining certain sections of the 1992-93 Generai Fund Appropriations, providing for the transfer of $148,000.00 from Retained Earnings - Unrestricted, to Capital Outlay - Sewershed I/I Project Design Phase I, in connection with award of a contract to Mattern & Craig, Inc., to provide engineering services for the Sewershed Corrective Action Project Design and Contract Administration. Ordinance No. 31370-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene o pc: Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Mr. Earl Sturgill, Project Manager Ms. Sarah E. Fitton, Construction Cost Technician Mr. Kit B. Kiser, Director, Utilities and Operations Mr. Jesse H. Perdue, Jr., Manager, Utility Line Services Mr. Steven L. Walker, Manager, Water Poliution Control Plant Ms. Dolores C. Daniels, Assistant to the City Manager for Community Relations Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANORR, VIRGINIA The 8th day of March, 1993. No. 31370-030893. AN ORDINANCE to amend and reordain certain sections of the 1992-93 Sewage Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to Government of the exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1992-93 Sewage Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Capital Outlay Sewershed I/I Project Design Phase I (1) .......... $ 1,289,947 148,000 Retained Earni~q~ Retained Earnings - Unrestricted (2) .............. 1) Appropriation from General Revenues 2) Retained Earnings - Unrestricted (003-056-8459-9003) (003-3336) $ 148,000 (148,000) 15,213,058 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia · March 8, 1993 93 MAR-4 Honorable Mayor & Members of City Council Roanoke, Virginia SUBJECT: SEWERSHED CORRECTIVE ACTION PROJECT DESIGN AND CONTRACT ADMINISTRATION I. Background: City Council, at its regular meeting of November 2, 1992, authorized award of Engineering Services Contracts to Mattern & Craig, Inc. of Roanoke, Virginia and to Anderson & Associates, Inc. of Blacksburg, Virginia, to identify the sources and scope of corrective action projects to reduce infiltration/inflow (I&I) entering the sewer system within their assigned sewersheds. The distribution of the sewersheds were as follows: To Anderson & Associates: 1. Shaffers Crossinq Sewershed discharging to the Roanoke River interceptor. 2. Murray Run Sewershed discharging to the Roanoke River interceptor. 3. Garden City sewershed discharging to the Roanoke River interceptor. To Mattern & Craiq: 1. Mudlick Sewershed discharging to the Roanoke River interceptor. 2. Lick Run Sewershed discharging to the Tinker Creek interceptor. 3. Peters Creek Sewershed discharging to the Roanoke River interceptor. City Council, at its regular meeting of November 23, 1992, concurred with City staff on a list of projects and plan of action for correcting I/I projects costing approximately $2~500,000.00 to $3,000~000.00 over a three (3) year period, subject to identified funding sources. Enqineers have, to date, identified six (6) corrective action projects which will, when constructed, have major impacts on reducing I/I in the sewer system. These are as follows: Mudlick Sewershed: Two (2) main segments of old terra cotta pipe located in the upper & lower reaches of the sewershed. Projects are designated as ML-1 & ML-2 on the location maps attached to this report. Peters Creek Sewershed: Four (4) main segments of old terra cotta pipe located in the upper & mid reaches of the sewershed. Involves replacement and/or repair of two (2) main trunk lines (24" & 27" pipe) running concurrently through the sewershed. Projects are designated as PC-i~ PC-2~ PC-3~ and PC-4 on the location maps attached to this report. Documented flow data relative to the outfall of the sewersheds at various rainfall events indicates that, once these six (6) projects are constructed, a reduction of I/I approaching 28,000,000 gallons per month can be achieved. Note: Further identification of corrective action projects is currently on-going. Request For Enqineering Services (Qualifying Proposals) to provide design and construction contract admin- istration for corrective projects was advertised in the Roanoke Times-World News on Sunday, December 13, 1992. The following firms responded: 1. Anderson & Associates~ Inc. of Blacksburg, Virginia. 2. Hayes~ Seay~ Mattern & Mattern~ Inc. of Roanoke, Virginia. 3. Dewberry & Davis of Roanoke, Virginia. 4. Mattern & Craiq~ Inc. of Roanoke, Virginia. II. Current Situation: City Staff conducted interviews with all submitting firms in the Office of the City Engineer on January 28, 1993 with the following persons representing the City on the review committee: 1. Charles M. Huffine, P.E., City Engineer. 2. Jesse H. Perdue, Manager, Utility Line Services. 3. Earl Sturgill, Civil Engineer, Project Manager, Sewershed Program. Interview Process following presentations of proposals in accordance with the Request For Professional Services confirmed that Mattern & Craig, Inc. is best qualified to perform the work based on the following criteria: 1. Familiarity with the scope of work necessary for the design of identified corrective action projects. Prior Experience with other I/I reduction projects similar to the ones being considered. 3. Professional Staff with sufficient technical personnel & equipment to meet proposed schedules. C. Review Committee elected to assign three (3) sewersheds to Mattern & Craig, Inc. They are as follows: 1. Mudlick Sewershed, including identified projects ML-1 & ML-2 Peters Creek Sewershed, including identified projects PC-l, PC-2, PC-3, and PC-4. Lick Run Sewershed: Analysis and Project Identi- fication is on-going. Fees will be negotiated at a later date as funding is identified. Neqotiatinq meetings were held with Mattern & Craig, Inc. to establish the most cost effective approach to the design of identified projects consistent with identified funding as follows: Mudlick Sewershed: Phase 1, preliminary design only for designated projects ML-1 & ML-2. City will provide needed mapping. 4 Peters Creek Sewershed: Phase 1, preliminary design only for designated projects PC-3 & PC-4. Peters Creek Sewershed: Complete design through contract administration for designated projects PC-1 & PC-2. E. Negotiated project scope: Mattern & Craiq~ Inc. has agreed to perform the work in various phases in accordance with City staff's direction. This direction was necessary in order to stay within the limits of identified funds and as approved by Council. The scope of work agreed upon is as follows: 1. Project ML-1, Preliminary Design only, in the amount of ..... $ 8,600.00 Project ML-2, Preliminary Design only, in the amount of ...... 7,900.00 Project PC-3, Preliminary Design only, in the amount of ...... 18,100.00 4. Project PC-4, Preliminary Design only, in the amount of ...... 13,700.00 Project PC-l, Full Design with Contract Administration in the amount of ....... 49,200.00 Project PC-2, Full Design with contract administration in the amount of ....... 43r300.00 Total Projects: $140,800.00 NOTE: Scope of Services to be provided in Phase I, (Preliminary Design) follows: Perform field surveys to confirm alignment and profiles, early identification of job priorities, assist in decisions for pipe replacement and/or repair, and further refine construction costs for the projects. Establish property alignment, define easement limits. corner ties relative to the construction and permanent 5 Tie current and defined sewer alignments to the City coordinate system. Meet with various residents along the alignment to explain scope of project and discuss any specific problems. III. Issues in Order of Importance: Enqineerinq concerns in maintaining an effective schedule for meeting the conditions and stipulations as set forth in the State Water Control Board's Consent Special Order Issued to the City. B. Reasonableness of engineering fees. C. Available fundinq. IV. Alternatives: City Council authorize award of contract to Mattern & Craig, Inc. in a form acceptable to the City Attorney to provide engineering services for the referenced Identified Corrective Action Project in the amount of $140~800.00. Enqineerinq concerns will be met by maintaining an effective schedule in meeting the conditions of the Consent Special Order issued by the State Water Control Board. Reasonableness of Fees has been confirmed by comparison to the scope of work involved and similar projects. 3. Fundinq is available under the current Sewer Fund Retained Earnings Account. City Council not authorize award of contract to Mattern Craig, Inc., in the amount of $140,800.00. Enqineerinq concerns will not be met in maintaining an effective schedule to meet the conditions of the Consent Special Order. 6 Reasonableness of fees will not be an issue at this time but an effective schedule of meeting the conditions of the Consent Special Order will be halted. 3. Available Funding will not be an issue at this time. V. Recommendation: City Council authorize award of contract to Mattern & Craig, Inc., in a form acceptable to the City Attorney to perform the work in phases as described above in the amount of $140,800.00. Authorize the Director of Finance to appropriate from the Sewer Fund Retained Earnings the sum of $148~000.00 to a new account titled "Sewershed I/I Project Design Phase I". The $7~200.00 in excess of the contract amount is necessary to fund approximately $1,000 in advertising expenses and provide a contingency for the design contract. Sincerely, W. Robert Herbert City Manager WRH/ES/fm cc: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations City Engineer MARY F. PARKER C~ty Cleric, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 12, 1993 File #123 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31366-030893 approving expansion of the City of Roanoke Jail to add 220 beds at a cost of $7,000,000.00, and requesting the Commonwealth of Virginia Board of Corrections to provide reimbursement to the City for twenty-five percent of eligible costs of the City of Roanoke Jail construction and enlargement project. Resolution No. 31366-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: The Honorable W. Alvin Hudson, City Sheriff Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Mr. Barry L. Key, Manager, Office of Management and Budget Ms. Dolores C. Daniels, Assistant to the City Manager for Community Relations IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of March, 1993. No. 31366-030893. A RESOLUTION approving expansion of the City of Roanoke Jail and requesting reimbursement of twenty-five percent of eligible project costs from the Commonwealth of Virginia Board of Corrections. WHEREAS, the City of Roanoke Jail has a current operating capacity of 216 inmates; WHEREAS, the Jail has recently housed as many as 510 inmates, and during the month of November, 1992, the jail population averaged 496 inmates; WHEREAS, overcrowding of the Jail has caused serious concerns as to health, safety and welfare, both as to inmates and staff; WHEREAS, the City of Roanoke has proposed a Jail expansion project which would create 220 beds at a cost of approximately $7,000,000; and WHEREAS, expansion of the City of Roanoke Jail is considered by this Council to be a critical capital improvement project; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council concurs in the need for expansion of the City of Roanoke Jail and hereby approves of a construction and enlargement project which will add 220 beds at a cost of $7,000,000. 2. The Commonwealth of Vlrginla Board of Corrections is hereby requested to provide reimbursement to the City for twenty- five percent of the eligible costs of construction and enlargement project. the City of Roanoke Jail ATTEST: City Clerk. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 212 Church Avenue, S.W., Room 456 R~anoke, Virginia 24011 Telephone: (703) 981-.7341 SANDRA H. EAKIN Deputy City Clerk March 12, 1993 File #305 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31367-030893 approving a project for expansion and enlargement of the City of Roanoke Juvenile Detention Home, in the amount of $3,000,000.00, and requesting reimbursement of one-half of project costs from the State Board of Youth and Family Services. Resolution No. 31367-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Ms. Corinne B. Gott, Acting Director, Human Development Mr. Mark C. Johnson, Manager, Juvenile Detention Home Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Mr. Barry L. Key, Manager, Office of Management and Budget Ms. Dolores C. Daniels, Assistant to the City Manager for Community Relations IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of March, 1993. No. 31367-030893. A RESOLUTION approving a project for the expansion of the City of Roanoke Juvenile Detention Home and requesting reimbursement of one-half of the project costs from the State Board of Youth and Family Services. WHEREAS, S16.1-313.A., Code of Virginia (1950), as amended, imposes upon the City responsibility for the construction, renovation, maintenance and operation of a Juvenile detention home; WHEREAS,Sl6.1-313.B. provides that the Commonwealth shall reimburse the City for up to one-half of the costs of approved construction, enlargement or renovation of a Juvenile detention home; WHEREAS, the City of Roanoke Juvenile Detention Home has experienced a precipitous increase in utilization averaging 124% of capacity during the first seven months of Fiscal Year 1992-1993 with facility utilization consistently exceeding 100% since Fiscal Year 1990-1991; WHEREAS, the lack of available space in the Juvenile Detention facility necessitated placing Roanoke Juveniles in other regional detention facilities with an attendant cost of $53,358 for 1992 alone; WHEREAS, four hundred man hours have been required to transport clients to other detention facilities in 1992 significantly reducing law enforcement presence in the City of Roanoke; and WHEREAS, the Department of Youth and Family Services has completed its needs assessment, and this Council considers expansion of the Roanoke Juvenile Detention Home to be a critical capital improvement project; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council concurs with the need for and approves the Roanoke Juvenile Detention Home expansion and enlargement at a total cost of $3,000,000. 2. The Commonwealth of Virginia Board of Youth and Family Services is requested to provide reimbursement to the City for one half of the cost of such construction and enlargement project. ATTEST: City Clerk. March 8, 1993 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: Resolutions Requesting Reimbursement from Commonwealth of Virginia for Jail Annex and Juvenile Detention Home Expansion Background: Construction of a Jail Annex and Expansion of the Juvenile Detention Home were proposed to City Council on' February 10, 1993, as part of a draft Capital Improvement Program. Project description for the Jail Annex is the provision of housing for 220 additional inmates (current operating capacity is 236) thru the construction of a Jail Annex facility at an estimated cost of $7,000,000. Project justification for the Jall Annex is that the Roanoke city Jail is experiencing overcrowding (operating at 236% of operating capacity at times) which is expected to continue based on inmate population forecasts causing health, safety and welfare concerns. Project description for the Juvenile Detention Home Expansion is a 100% increase in bed capacity from 21 beds to 42 beds at an estimated cost of $3,000,000. E. Project justification for the Juvenile Detention Home Expansion is (1) facility overcrowdinq averaging 124% of capacity during the first seven months of Fiscal Year 1992-93 (facility utilization has consistently exceeded 100% since Fiscal Year 1990-91), (2) refusals to provide bed space to over 180 requested admissions in 1992, resulting in an attendant cost of $53,358 in order to house some of the refusals in other regional detention facilities (some serious offenders were placed at home under Outreach supervision instead of under secure custody), and (3) lack of adequate space to house City ~uveniles in other reaional detention centers due to their own overcrowding problems. II. Current Situ&tion: A. Reimbursement of project costs by the Commonwealth of Virginia is possible for the Jail Annex project at a rate of 25% of eligible project costs, and for the Juvenile Detention Home Expansion project at a rate of 50% of eligible project costs, based on recent actions by the 1993 General Assembly. B. Requests for reimbursement must be submitted as soon as possible for inclusion in budget requests to the Governor by the Board of Corrections and Department of Youth and Family Services for consideration during the next General Assembly session. These requests must include a resolution from the local governing body endorsing the project and requesting reimbursement. Council action is required to adopt the attached resolutions in support of the Jail Annex and Juvenile Detention Home Expansion projects. III. Recommendation is that City Council concur in the attached resolutions requesting reimbursement of the Jail Annex project costs by the State Department of Corrections at a rate of 25%, and requesting reimbursement of the Juvenile Detention Home Expansion project costs by the Department of Youth and Family Services at a rate of 50%. Respectfully submitted, W. Robert Herbert City Manager cc: City Attorney Acting Director of Finance Assistant City Manager Manager, Management and Budget City Sheriff Acting Director of Human Development Superintendent, Juvenile Detention Home MARY F. PARKER City Cl~rk, CMC/AA~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 21~ Church Avenue, S.W., Room 4:56 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 12, 1993 File #60-72-236 Mr. James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31372-030893 amending and reordaining certain sections of the 1992-93 General Fund Appropriations, providing for appropriation and transfer of additional funds to provide for continuation of the Foster Care Program for fiscal year 1992-93. Ordinance No. 31372-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno · po: Mr. W. Robert Herbert, City Manager Ms. Corinne B. Gott, Acting Director, Human Development Ms. Doris M. Kinsey, Acting Manager, Social Services Mr. Barry L. Key, Manager, Office of Management and Budget Ms. Marie T. Pontius, Grants Monitoring Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 8th day of March, 1993. 1992-93 emergency. WHEREAS, Government of the exist. No. 31372-030893. AN ORDINANCE to amend and reordain certain sections of the General Fund Appropriations, and providing for an for the usual daily operation of the Municipal city of Roanoke, an emergency is declared to Roanoke Appropriations, be, to read as follows, THEREFORE, BE that certain IT ORDAINED by the Council of the City of sections of the 1992-93 General Fund and the same are hereby, amended and reordained in part: Health and Welfare Income Maintenance (1): .... Nondepartmental Contingency - General Fund (5) .................... Grants-in-Aid Commonwealth Welfare (6-8) ..................................... $ 14,818,950 3,798,537 8,033,285 12,167,292 200,632 $ 56,202,009 9,704,376 1) Auxiliary Grant Program (001-054-5313-3120) $(45,000) 2) ADC-Foster Care (001-054-5314-3115) 100,000 3) Foster Care (001-054-5314-3140) 550,000 4) Day Care Services (001-054-5314-3159) (120,000) 5) Contingency (001-002-9410-2199) (254,000) 6) Aged, Blind and Disabled (001-020-1234-0670) (36,000) 7) Foster Care (001-020-1234-0675) 375,000 8) Day Care (001-020-1234-0686) (108,000) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. '93 M~f~-3 All :46 March 8, 1993 The Honorable Mayor and Members of City Council Roanoke, Virginia Mayor and Members of Council: SUBJECT: RR~L~MT FOR ADDITIONAL FO~'£~f~ CAPE I. BACKGROUND mo The Department of Social Services is required by Virginia statutes to accept custody of and make arrangements for a treatment plan for children found to be dependent or neglected and in need of services. Severe emotional problems prevent children from remaining with their own family or foster family, consequently, children need intensive residential services provided by facilities who specialize in therapeutic care. Cost of care per child is increasing each year because of the following reasons: Average monthly cost of care for children placed in residential facilities has increased 23% since July, 1992. The State Board of Social Services increased the rates for payment of room and board for foster children by 3% across the board 12-1-92. 3o Foster families reflect the current socio-economic make-up of families in the Community; therefore, some foster care children require Day Care, in addition to room and board, when placed in foster homes. More children in need of services remain at the local level for treatment instead of being sent to State facilities which would have been paid by State funds. II. CURRENT SITUATION Cost of care for Foster children in custody of local Department was underestimated by $650~000 in FY 92/93. The State Department of Social Services will reimburse $375~000 of this amount. Paga Two 2. $275,000 of local funds are needed to match State funds. a) $9,000 local funds to be transferred from Auxiliary Grant Program which is a 80/20 State/local fund. b) $12~000 local funds to be transferred from Day Care which is a 90/10 State/local fund. c) Additional local funds of $254,000 are needed to continue foster care program. III. ISSUES A. Funding. B. Legal. IV. ALTERNATIVES City Council approve this request and transfer $45~000 from Auxiliary Grant Programt $120,000 from Day Care Pro,ram and provide additional local funds of $254t000. Funding - Funding to provide remaining local match of $254,000 is available in contingency account. 2o Legal - Foster Care which is mandated by State statutes can be provided. Do not approve this request to transfer $45~000 from Auxiliary Grant Programt $120~000 from Day Care Pro~ram and do not provide additional local funds of $254~000. 1. Funding - Not an issue. Legal - Foster Care that is mandated by State statutes cannot be provided. V. RECOMMENDATION A. City Council concur in Alternative A and authorize the following: 1. Adjust revenue estimate of funds received from the State Department of Social Services and corresponding increases/decreases in Social Service Expenditure Accounts as follows: Revenue Account Foster Care (Increase) $375,000 Auxiliary Grants (Decrease) <36,000> Day Care (Decrease) <108,000> 001-020-1234-0675 001-020-1234-0670 001-020-1234-0686 Page Three Expenditure Account ADC-Foster Care (Increase) $100,000 Foster Care S/L (Increase) 296,000 Auxiliary Grants (Decrease) <45,000> Day Care (Decrease) <120,000> 001-054-5314-3115 001-054-5314-3140 001-054-5313-3120 001-054-5314-3159 Transfer $254~000 from General Fund ContinKency Account #001-002-9410-2199 to Department of Social Services, Foster Care Account #001-054-5314-3140. Respectfully submitted, W. Robert Herbert City Manager CC Wilburn C. Dibling, City Attorney James D. Grisso, Acting Director of Finance Corinne B. Gott, Acting Director of Human Development Doris M. Kinsey, Acting Superintendent of Social Services Diane S. Akers, Budget/Management Analyst U/V ~q~qfiqqo MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 98 I-~41 SANDRA H. EAKIN Deputy City Clerk March 12, 1993 File #137-285 The Honorable Beverly T. Fitzpatrick, Jr. The Honorable William White, Sr. Co-Chairpersons Legislative Affairs Committee Roanoke, Virginia Dear Co-Chairs Fitzpatrick and White: I am attaching copy of a report of the Acting Director of Finance with regard to annual bingo activity, which report was before the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. On motion, duly seconded and unanimously adopted, the report was received and filed. Concerns expressed by Councli as to more stringent State laws regarding bingo regulations was referred toyoufor study, report and recommendation. Itwas further requested that correspondence be forwarded to the City's representatives to the General Assembly setting forth Council's concerns. Sincerelyf"x' a~7 ~" -~L~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Ms. Deborah J. Moses, Chief of Blilings and Collections DEPA"TMENT OF FINANCE CiTY CITY OF ROANOKE. VA, March 8, 1993 '93 liAR -4 P3:13 TO: FROM: SUBJECT: Honorable Mayor David A. Bowers and Members of City Council James D. Grisso, Acting Director of Finance Annual Bingo Activity Report The following Schedule of Bingo Activity by Organization is a compilation of Financial Reports prepared by the bingo organizations for the twelve months ended September 30, 1992. Bingo, a form of gambling, is permitted so that money can be made to benefit lawful, religious, charitable, community or educational purposes. If profits are not shown to benefit charity, then the purpose for which this gambling is permitted is not met. It is important to note that 62% of the profits were expended for charitable purposes during this period, whereas only 35% of the profits were expended for charitable purposes in 1991. The average profit percentage for large organizations is only 7%. In 1991 the average profit percentage was 10%. Based upon our analysis, it is reasonable to estimate that large organizations could be expected to report bingo games profits of 15%. Only one organization reported profits of 10%. One organization spent only $1,000 of $24,826,04 in profits towards charitable purposes. Honorable Mayor David A. Bowers and Members of city Council March 8, 1993 Page 2 Each organization with gross receipts in excess of $500,000 was required to submit an opinion by a certified public accountant that their annual financial organizations have complied conducted numerous compliance 1992 on their recordkeeping, report was fairly stated. Ail with this requirement. We have audits on each organization during operating, and accounting procedures. This report is being submitted to you for your information only and no action is required. A special note of thanks goes to Deborah J. Moses, Chief of Billings and Collections, who administers this program, Dana D. Long, our Tax Compliance Administrator, and the City Attorney's office for their dedication in providing the legal assistance in the uniform administration of the ordinances related to bingo. JDG:s Attachment cc: ~ting Director of Finance W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Deborah J. Moses, Chief of Billings and Collections City of Roanoke, Virginia Summary of Bingo Financial Reports For the Fiscal Year Ended September 30, 1992 Prepared by: Office of Billings and Collections CITY OF ROANOKE, VIRGINIA SCHEDULE OF BINGO ACTIVITY BY ORGANIZATION For the Fiscal Year Ended September 30, 1992 NOTES A B C Profit is computed by combining the reported Use of Proceeds and any increase or decrease in cash. Column (5) divided by Column (1). Amounts listed are net of raffle receipts and expenses. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I Telephone: (70;5) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 12, 1993 File #10-300-405 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31373-030893 authorizing you to enter into an agreement with KPMG Peat Marwick, Certified Public Accountants, for performance of annual audits of the City's finances for each of the fiscal years ending June 30, 1993, 1994, 1995 and 1996, as more particularly set forth in the City's Request for Proposals No. 92-9-92 submitted by the Audit Committee under date of December 9, 1992, and an Addendum under date of December 22, 1992, in the amounts of $88,200.00 for fiscal year 1993, $110,200.00 for fiscal year 1994, $114,600.00 for fiscal year 1995 and $119,250.00 for fiscal year 1996. Resolution No. 31373-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Mr. T. Douglas McQuade, Partner, KPMG Peat Marwick, Certified Public Accountants, 213 South Jefferson Street, Roanoke, Virginia 24011 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Mr. Robert H. Bird, Municipal Auditor Mr. Kit B. Kiser, Director, Utilities and Operations Mr. D. Darwin Roupe, Manager, General Services Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, The 8th day of March. 1993. No. 31373-030893. VIRGINIA, A RESOLUTION authorizing the City Manager to enter into an agreement with KPMG Peat Marwick for the performance of annual audits of the City's finances for each of the Fiscal Years ending June 30, 1993, 1994, 1995 and 1996, upon certain terms and conditions. WHEREAS, the Audit Committee of City Council has requested proposals for certain auditing services, and after public advertisement and competition, the Committee has recommended that the services of KPMG Peat Marwick be engaged under contract for the purposes hereinafter provided; and WHEREAS, the Audit Committee has submitted to City Council a written proposal of such firm, dated December 9, 1992, and an Addendum, dated December 22, 1992, setting out the services proposed to be rendered, copies of which are on file in the Office of City Clerk, and the Council considering the Committee report concurs in the recommendation made therein; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized, for and on behalf of the City, to enter into a written agreement, upon form approved by the City Attorney, with KPMG Peat Marwick, Certified Public Accountants, engaging the services of such firm to audit annually the financial records and accounts of the City for each of the Fiscal Years ending June 30, 1993, 1994, 1995 and 1996. 2. The scope of such firm's examinations and/or its reports shall be as set forth in the City's Request for Proposals No. 92-9- 92, and the firm's proposal dated December 9, 1992, and an Addendum, dated December 22, 1992. 3. The consideration to be paid for such firm's services shall be $88,200.00 for Fiscal Year 1993, $110,200 for Fiscal Year 1994, $114,600 for Fiscal Year 1995 and $119,250 for Fiscal Year 1996. ATTEST: City Clerk. CITY '93 I4/~R-3 A10:49 City Council Audit Committee March 8, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: In accord with Council's resolution of June 6, 1977, your Audit Committee has obtained and evaluated proposals for audits of the City of Roanoke financial records for the years ending June 30, 1993 through 1996. These proposals were evaluated using uniform criteria established prior to requesting the proposals. We recommend that the Council approve the engagement of KPMG Peat Marwick for these audits. An ordinance is submitted herewith to implement this recommendation. Respectfully submitted, William White, Sr. Chairman MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2~41 March 12, 1993 File #67-166-216 SANDRA H. EAKIN Deputy City Clerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31363-030893 authorizing renewal of a lease agreement between the City and the Commonwealth of Virginia Department of Conservation and Historic Resources providing for lease of approximately 900 square feet of office space and 1100 square feet of laboratory space for the Roanoke Regional Preservation Office in the Buena Vista Recreation Center, for a period of five years with no lease fee, commencing as of March 1, 1993 and terminating on February 28, 1998, with provision for cancellation with three months written notice by either party after expiration of the first two years, as more particularly set forth in a report of the Water Resources Committee under date of March 1, 1993. Ordinance No. 31363- 030893 was adopted by the Council of the City of Roanoke on first reading on Monday, March 1, 1993, also adopted by the Council on second reading on Monday, March 8, 1993, and wili take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. pc: Mr. Hugh C. Miller, Director, Commonwealth of Virginia Department of Conservation and Historic Resources, 221 Governor Street, Richmond, Virginia 23219 Dr. John R. Kern, Director, Roanoke Regional Preservation Office, 1030 Penmar Avenue, S. E., Roanoke, Virginia 24013 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Ms. Deborah J. Moses, Chief of Billings and Collections Mr. Kit B. Kiser, Director, Utilities and Operations Mr. William F. Clark, Director, Public Works Mr. Richard V. Hamilton, Real Estate Agent Mr. Gary N. Fenton, Manager, Parks and Grounds Mr. George C. Snead, Jr., Director, Public Safety IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of March, 1993. No. 31363-030893. AN ORDINANCE authorizing the renewal of a lease agreement between the City and the Commonwealth of Virginia, Department of Conservation and Historic Resources, of certain space in the Buena Vista Recreation Center, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, a renewal of the lease agreement dated March 1, 1989, between the City and the Commonwealth of Virginia Department of Conservation and Historic Resources, providing for the lease of approximately 900 sq.ft, of office space and 1100 sq.ft, of laboratory space, said lease renewal term to be for a period of five (5) years with no lease fee, and to commence as of March 1, 1993 and terminate February 28, 1998, with provision for cancellation with thr~e (3) months written notice by either party after the expiration of the first two (2) years; such lease to be in form approved by the City Attorney and to contain such other terms and conditions as are approved and required by the City Manager, as more fully set out in report to this Council dated March 1, 1993. ATTEST: City Clerk. '93 FEB23 P4:13 Roanoke, Virginia March 1, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Roanoke Regional Preservation Office Lease Renewal Buena Vista Recreation Center The attached staff report was considered by the Water Resources Committee at its meeting on February 22, 1993. The Committee recommends that Council authorize the extension of the lease of space for the Roanoke Regional Preservation Office in the Buena Vista Recreation Center, in accordance with conditions stated in the attached report. ETB:KBK:afm Attachment cc: Resp_eg~a.fully submitted, ~ ElizaSeth T. Bowles, Chairman Water Resources Committee City Manager City Attorney Director of Finance Director of Utilities & Operations Director of Public Safety Manager, Parks & Grounds Hugh C. Miller, Director, Virginia Department of Historic Resources INTERDEPARTMENTAL COMMUNICATION DATE: February 22, 1993 FROM: Kit [iser, Director of Utilities & Operations THRU: W~~ R~He~bert, City Manager SUBJECT: ROANOKE REGIONAL PRESERVATION OFFICE LEASE RENEWAL BUENA VISTA RECREATION CENTER I. Backqround: Initial lease executed on March 1, 1989, between the City of Roanoke and the Virginia Division of Historic Landmarks, Department of Conservation and Historic Resources. (See attached lease.) B. Term of initial lease was one (1) year, from March 1, 1989 thru February 28, 1990. There was no lease fee. Second lease, for a one (1) year term, March 1, 1990, through February 28, 1991, was granted by City Council by Ordinance No. 29963-31290. ApDlication for a third lease, with a two (2) year term, March 1, 1991, through February 28, 1993, was forwarded to the City by the Department of Historic Resources by letter dated December 18, 1990. II. Current Situation: Request for the Renewal of the lease for a term beginning March 1, 1993, has been received (see attached letter). Renewal for a five (5) year term, March 1, 1993, through February 28, 1998, with provision for cancellation by three (3) months written notice by either party after the expiration of the first two (2) years is recommended by City staff and agreed to by petitioner. III. Issues: A. Need B. Timing C. Income to City Water Resources Committee Members RE: ROANOKE REGIONAL PRESERVATION OFFICE LEASE RENEWAL BUENA VISTA RECREATION CENTER February 22, 1993 Page 2 IV. Alternatives: Committee recommend to City Council that it authorize the appropriate City officials to execute a lease agreement extending for five (5) years the lease of space in the Buena Vista Recreation Center to the Virginia Department of Historic Resources for the Roanoke Regional Preservation Office, with the provision that the lease be cancelled by either party with three months written notice after the expiration of the first two (2) years. Lease to be prepared by petitioner in a form acceptable to the City Attorney. Other terms and conditions to be the same as in initial lease. Need by petitioner for office space is met. Timinq to authorize extension prior to initial lease term is met. Income to City is zero. end of Committee not recommend to City Council that it authorize the extension of the lease agreement with the Virginia Department of Historic Resources for the Roanoke Regional Preservation Office. Need by petitioner for office space not met. Timinq to assure continuity of lease of space met. Income to City is zero. not Water Resources Committee Members RE: ROANOKE REGIONAL PRESERVATION OFFICE LEASE RENEWAL BUENA VISTA RECREATION CENTER February 22, 1993 Page 3 Recommendation: Committee recommend to City Council that it authorize the extension of the lease of space for the Roanoke Regional Preservation Office in the Buena Vista Recreation Center in accordance with Alternative "A". KBK/RVH/fm Attachments cc: City Attorney Director of Finance Director of Administration & Public Safety Manager, Parks & Grounds Hugh C. Miller, Director, Virginia Department of Historic Resources Hugh C Miller Oirector COMMONWEALTH of Department of Historic Resources 221 Governor Street Richmond, Virginia 23219 January 21, 1993 l~d<~'''. 1393 Mr. W. Robert Herbert City Manager .. -.._~.'~ 'JR'~ City of Roanoke 215 Church Avenue, SW Roanoke, VA 24011 i?~r~,) ~,~' Dear Mr. Herbert: This letter transmits the Roanoke Regional Preservation Office request for a renewal of the lease between the City of Roanoke and the Department of Historic Resources for office and laboratory space at Buena Vista Recreation Center. A copy of the original lease and a copy of the subsequent extension are enclosed. I am also enclosing a copy of the Department's most recent request for lease renewal, addressed to then Assistant City Manager Earl Reynolds and dated December 18, 1990. You will note from these documents that the City of Roanoke and the Roanoke Regional Preservation office have been without a formal lease since February 28, 1991. I am glad that the City of Roanoke reinitiated communication with our office concerning renewal of the lease on January 14, 1993, and I look forward to a quick resolution of this situation. Thank you for your attention to this matter. Thank you also for the support and hospitality which have enabled us to establish such a strong partnership for historic preservation between the Roanoke Regional Preservation Office and the City of Roanoke. Sincerely, H . Miller, Director Enclosures COMMONWEALTH of VIRGINIA Department of ltistoric Resources December 18, 1990 221 Governor Slrm~l Richmond, Virginia 23;)tg Mr. Earl B. Reynolds, Jr. Assistant City Manager City of Roanoke 215 Church Avenue, SW Roanoke, VA 24011 Dear Earl: Enclosed is the Roanoke Regional Preservation office request for an extension of the lease between the City of Roanoke and the Department of Historic Resources for office and laboratory space at Buena Vista Recreation Center. The current lease terminates February 28, 1991. A copy of the original lease and last year's extension are also enclosed. Thank you for your attention to this matter. Thank you also for the support and hospitality which have enabled us to establish such a strong partnership for historic preservation between the Roanoke Regional Preservation Office and the City of Roanoke. Sincerely, Jqhn R. Kern, Ph.D. Director Enclosures cc: Hugh C. Miller ROANOKE REGIONAL PRESERVATION OFFICE 1030 Penmar Avenue, SE Roanoke, VA 24013 (703) 857-7585 December 18, 1990 FROM: RE: Earl B. Reynolds, Jr. John R. Kern Request for E~tension of Roanoke Regional Preservation Office, Virginia Department of Historic Resources, lease of office and laboratory space at Buena vista Recreation Center with no lease fee I. Background In November 1988 Governor Baliles announced that the city of Roanoke had won the competitive bid to host the state's pilot regional preservation office. The city received this award in part because of the city's offer to provide space and utilities gratis. The period of lease was to be negotiable. DHR received a one-year lease of "portion of Buena Vista . consisting of approximately 900 square feet of of~iJe space and 1,100 square feet of laboratory space" on March 1, 1989. The lease ran to February 28, 1990, and was granted to DHR at no charge for rent, utilities, or maintenance. 3. The city of Roanoke extended the lease for one year from March 1, 1990, to February 28, 1991, with no lease fee. II. Request DHR now requests extension of the lease for RRPO at Buena Vista Recreation Center for two years, from March 1, 1991, to February 28, 1993, with no lease fee. III. Services and Benefits Provided to the city of Roanoke by the Roanoke Regional Preservation Office Even after the recent series of budget cuts which have reduced DHR total budget by 40% (including state grant programs) and have reduced the operating budget by 15%, the RRPO annual budget is $127,000; 90% of that budget is allocated to salaries and virtually all RRPO funds are expended in Roanoke. RRPO and the city of Roanoke have established a very strong and mutually beneficial working relationship. Earl B. Reynolds, Jr. 2 December 18, 1990 * Technical Assistance 1) RRPO has provided maps of all archaeological sites to the city of Roanoke. 2) RRPO provides routine cultural resource review of all rezoning requests before they are presented to the city Planning Commission. 3) RRPO participates in the city Architectural Review Board deliberations and provides technical assistance to individuals referred by city Planning staff. 4) RRPO is providing input in the Tinker Creek conservation/development study. 5) RRPO has provided technical assistance to city of Roanoke neighborhood associations on preservation issues, especially to Old Southwest, Inc. 6) RRPO works with city Planning staff on development of neighborhood plans. * Special Conferences and Workshops 1) RRPO and the city of Roanoke co-sponsored a Building Codes and Historic Preservation Workshop in the Roanoke City Market Historic District which was attended by 100 building officials, architects, and preservationists, May 1990. * Economic Development 1) RRPO has provided David Saunders and Richard Wells with substantial federal tax credit assistance on the $1 million rehabilitation of MarketPlace Center. RRPO is working with Richard Wells of Leisure Publishing and the Roanoke Valley Convention and Visitors Bureau to promote public awareness and visitation of cultural attractions in and around Roanoke. 3) RRPO and the city of Roanoke will co-sponsor a heritage tourism conference in the Roanoke city Market Historic District in May 1991. Earl B. Reynolds, Jr. Deoember 18, 1990 4) RRPO is working with the city of Roanoke to promote favorable publicity and marketing for pending implementation of state-of-the-art visual enhancement design guidelines for the expanded Roanoke Centre for Industry and Technology. s) RRPO is working with the city of Roanoke, Old Southwest, Inc., and the Virginia Historic Preservation Foundation to secure a buyer who will preserve the Boxley House at 324 Washington Avenue, SW. * Historic Designation 1) RRPO obtained assistance from the Roanoke Valley Preservation Foundation to prepare Virginia Landmarks and National Register nominations for the First Baptist Church on North Jefferson Street. 2) RRPO assisted local consultants in preparation of Virginia Landmarks and National Register nominations for the Campbell Avenue Office Buildings. This nomination was completed to enable the city of Roanoke to receive a $100,000 Threatened Properties Grant from DHR for rehabilitation of the buildings. 3) RRPO is working with DHR and Virginia Tech to encourage historic designation of the pre-1940 portion of Hotel Roanoke which is slated for restoration. * Heritage Education Recreation Center Programs at Buena Vista l) RRPO has developed materials to make Buena Vista House an historic preservation and local history learning center which to date has been visited by 400 school children. RRPO worked with the Roanoke Department of Parks and Recreation to present a four-lecture course on Buena Vista's history, architecture, landscape design, and archaeology. 3) RRPO worked with the Buena Vista Recreation Center leader to provide a special educational program on archaeological artifacts for a Recreation Center class of visually impaired adults. IV. Reynolds, Jr. 4 Deoember Xe, 1990 RRPO worked with the Roanoke Valley Preservation Foundation to offer a heritage education workshop at Buena Vista House which was attended by 100 area school teachers, administrators, and preservationists. 5) RRPO is working with the Director of Elementary Education for Roanoke City Schools to plan for visits to Buena vista house by all 1,000 city third grade students so the children can learn about the history and architecture of George Tayloe's Buena Vista Plantation. * New Regional and State-wide Uses of Buena Vista as a Center for Historic Preservation 1) Buena Vista House hosted a state-wide reception which commemorated the opening of RRPO, May 1989. 2) Buena Vista House hosted a state-wide meeting of the Archeological Society of Virginia, June 1989. 3) Buena Vista House hosted the Heritage Education Workshop attended by 100 educators from the city of Roanoke and five surrounding counties, February 1990. 4) Buena Vista House hosts quarterly RRPO Advisory Committee meetings with participants from the city of Roanoke and ten surrounding counties. 5) Buena Vista House hosted a state-wide meeting of the Council of Virginia Archaeologists, May 1990. 6) Buena Vista House hosted a state-wide meeting of the Preservation Alliance of Virginia Board of Trustees, October 1990. Summary The above presentation documents an outstandingly productive partnership between RRPO and the city of Roanoke. This partnership has provided the city of Roanoke with valuable assistance in preservation planning, heritage education, preservation-related economic development, and historic designation. The partnership between RRPO and the city of Roanoke has also greatly increased public awareness of and benefits from use of Buena Vista House. Earl B. Reynolds~ ~r. 5 Deoember 18~ 1990 The Department of Historic Resources therefore requests extension of the lease for RRPO at Buena Vista Recreation Center for two years from March 1, 1991, to February 28, 1993, with no lease fee. Office of the City Clerk March 14, 1990 File #166-216 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear ~r. Herbert: I am attaching copy of Ordinance No. 29963-31290 authorizing the renewal of a lease agreement between the City and the Commonwealth of Virginia, Department of Conservation and Historic Resources, providing for the lease of approximately 900 square feet of office space and 1100 square feet of laboratory space in the Buena Vista Recreation Center, said lease renewal term to be for a period of one year with no lease fee, and to commence as of ~arch 1, 1990, and terminate on February 28, 1991. Ordinance No. 29963-31290 was adopted by the Council of the City of Roanoke on first reading on Monday, ~arch 5, 1990, also adopted by the Council on second reading on Monday, March 12. 1990, and will take effect ten days following the date of its second reading. Sincerely, ~ Mary F. Parker, C~C/AAE ~ City Clerk~ Enc. pc:CDr. John R. Kern. Director, Virginia Department of Historic Resources, 1030 Penmar Rvenue, $. E., Roanoke, Virginia 24015 Mr. Joel M. Schlanger, Director of Finance Ms. Deborah J. Moses, Chief of Billings and Collections Hr. ~illiam F. Clark, Director of Public Works Hr. Richard V. Hamilton, Rea! Estate Agent Ur. George C. Snead, Jr., Director of Administration and Public Safety Mr. Gary N. Fenton, Manager, Parks and Recreation/Grounds Maintenance Mr. Kit B. Kiser, Director of Utilities and Operations Room456 Municipalauilding 215Church Avenue. S.W Roanoke, Virginia 24011 (703)981 2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 12thday of March, 1990. No. 29963-31290. VIRGINIA, AN ORDINANCE authorizing the renewal of a lease agreement between the City and the Commonwealth of Virginia, Department of Conservation and Historic Resources, of certain space in the Buena Vista Recreation Center, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, a renewal of the lease aEreement dated March 1, 1989, between the City and the Commonwealth of Virginia Department of Conservation and Historic Resources, providing for the lease of approximately 900 sq.ft, of office space and 1100 sq.ft, of laboratory space, said lease renewal term to be for a period of one year with no lease fee, and to commence as of March 1, 1990, and terminate February 28, 1991; such lease to be in form approved by the City Attorney and to contain such other terms and conditions as are approved and required by the City Manager, as more fully set out in report to this Council dated March 5, 1990. ATTEST: ~ City Clerk. Roanoke, Virginia March 5, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Roanoke Regional Preservation Office L~ase Renewal Buena Vista Recreation Center The attached staff report was considered by the Water Resources Co,~nittee at its meeting on February 26, 1990. The Con~nittee recommends that Council authorize the extension for one (1) year of the lease of space for the Roanoke Regional Preservation Office in the Buena Vista Recreation Center in accordance with conditions stated in the attached report. tfully submitted, Elizabeth T. Bowles, Chairman Water Resources Committee ETB:KBK:afm Attachment cc: City Manager City Attorney Director of Finance Director of Utilities & Operations Real Estate Agent Director of A~ministration & Public Safety Manager, Parks & Recreation/Grounds Maintenance John R. Kern, Ph.D., Director, Virginia Department of Historic Resources February 8, COMMONWEALTH of VIRGINIA Department of Historic Resources 1990 Teleohone (804) 786--3143 TOD: 804-786-4276 Hr. W. Robert Herbert City Manager City of Roanoke 215 Church Avenue, SW Roanoke, VA 24011 Dear Mr. Herbert: The initial term of the enclosed lease between the City of Roanoke and the Department of Historic Resources for office and laboratory space at Buena Vista Recreation Center terminates February 28, 1990. The Department of Historic Resources wishes to renew this lease for an additional term of one year. Please direct the office of the City Attorney to prepare the appropriate documents for renewal of this lease agreement. Thank you for your cooperation and for the City of Roanoke's most hospitable reception of the Roanoke Regional Preservation Office. Sincerely~_~ ~ern, Ph.D. Enclosure ROANOKE REGIONAL PRESERVATION OFFICE 1030 Penmar Avenue, SE Roanoke, VA 24013 (703) 857-7585 DGS-DEB.LI LEA E NO. LEASE AGREEMENT This LEASE AGREEMENT. made this ],st day of Uarch , 1989 . by and between (~I']~ O~ ROANOKE (the "(essor"} and the COMMONWEALTH OF VIRGINIA. by the DEPARTMENT OF CONSERVATION AND HISTORI(CtheRESOURCES "Lessee"), {Department. Agency. or Institution) pursuant to ~ 1 0. ! - 10 & £ t e n'of the Code of Virlinia (19~0), as amended. 2 WITNESSETH: For and in consideration of the terms, conditions, covenants, promises and agreements herein made. Lessor hereby leues and demises unto Lessee the followinl described rem proper~y Ithe "demised prem- ises''}: [Include Imrkin~, facilities, if any. and SClUate Footage or acreale, if appliceble.] Those portions of Buena Vista Recreation Center outlined in ~ed on Attac~mnts No. 2 and 3, consisting of approximately 900 square feet of office space and 1100 square feet of laboratory space. I. INITIAL, TERM OF LEASE; The demised premises a:e leased to Lessee for a period of one ~'ea~r ~ I Imonths. years! belinninl off the 1st day of March ,19 89 . and teminatinl off ~e ~Bth dny of~, 19gO (the "initial term"). 2. RENT: ~ cov~flants to lmy Lns~ tbe sum of no DOLLARS ($ ) as rent for the initial term which amount shall be p~id in instillments o.~ DOLLARS ¢S ) due and payable in arrears at the end of each (month/quarter) Rent Mini[ be imyable to the order of mid mailed to 3. PUL~DOSI: AND USE OF DEMISED PREJdlSE5: 'The demised p~misns a~ lensed to be used and · De~ar~x~.i~ ~gofCp~e n £o~a d Historic Resources, occupied 6y t o o~'~[~: tt~n , a derailment, agency or inslitutk~ of the Commaewealth of Vitlinia (the "lminl ilency"), and its alents and employees, for ~ pilot Regional Preservation Center Progrnm, Offices and ~rchn~ology laboratory. Ill suitable to the purpose and use for which Lessee has le-qed same. durinl the initial term and any renewal terms ~,,~. '.. ;.;;; ..... ~--'* ~='.,; ........ . ...... . _ ,,;; ~ ,. .....................................-,.- ..--... -.-..- ............................................. :=" ....................... ~ hall ~ d mean and include replacement of broken or cracked glass. ,-,'"' :.'-';;;_'_- -:~: -- L;=- :--..: ==:._:=!;. .... · ......... 4. ACG-G,~B~I-t=~=Y ~y -T-T4E-.F{-ANMGAppI:I~. writinl that the minimum requirements of the Virginia Uniform Statewide Buildinl Code access by physically handicapped and ased persons have been met. As standards" shall mean lad incorporate those standards issued or promulpted by the American Standards Institute. entitled "American National Standard Specifications for Makinl Facilities Accessible to and Usable by Physically Handicapped People." ANSI-A I I?. I "accessible" shall mean accessible t, standards. The minimum requirements are: (I) If public or private parking is provided, at least one accessible parking close as possible to an accessible route to the primary building entrance. (2} Walks used as accessible routes to the building shall comply with (~) An accessible primary entrance to the building shall be at with the stAndlt'ds. (4) An accessible entrance to the building shall comply with (5) At least one accessible route (corridors a standards. (6) If suppo~ areu within the building (e.g.. lunch employees or the public, such areLq shall (7) If Lasses occupies flon~ other than the t elevetm' shall be provided. (g) Accessible public rest rooms for minimum, accessible rest mom: if the buildiflg is four stories or les accessible occupies more than one ftoor, t on at least ever~ (9) Ail cor~dors, doors ~ employees of Leasco ~ ti0) Directional demised rilles. and to grade in accordance I comply with the etc.) are used by'Lessee, its the building, at lea.st one accessible sex shall be provided, preferably on all floor~. As a ground floor or the floor occupied by Lessee heilht. If Lessee occupies an area above the fonflh fi(Mr, be provided on the floor occupied by Lessee. If Lessee Iccassibie public rest room for each sex shall be provided Lessee. in or about the demised p~,nnisas and used by the public or with the standards shall be provided directing the public to the by Lessee. standards for handicapped access conflict with applicable local ordinances. forth standards for handicapped access, the more restrictive of the two sub-paraSreph 4(A) may be modified, altered or deleted only · ' and Buildinls. All such modifications. s~na m , an attachment to this lease as provided in paragraph 17 and calve My if such attachment is endorsed with the approval of the Division of Engineering and See.'"' Attachment No. 1 DELIVERY OF POS.SESSION: (A) Lesser covenants to deliver quiet possession of the demised premises at the commencement of the inkiM tenn. (B) Lee. nor covenants to deliver the demised premises to Lessee at the commencement of the initial term in Iood repeat and condition, suitable to the purpose and use for which the demised premises are teased. Lessor wunTnts that all plumbing, heating, air conditioninl, electrical and mechanical devices and appliances of every kind or nature located upon or serving the demised premises are, or will be, in good rellmir, condition and working order u of the commencement of the initial term. II. TERMINATION: (A) This lease and any renewal term of this lease may be terminated by either pulpy only upon written nD. tine to the other party by certified or registered mail. return receipt requested, at least three (3) months prior tO the expiration o/fA~J~ni~ a~.y renewal term: otherwise, this lease shall renew and continue as provided in4~VlMqi~'l=O':'[n '~dition. dui'ins any renewal tenn. Lessee. at its option, may tenninnte this lease at any time upon at least three (3) months written notice to Lessor by certified or registered mall returo receipt requested. (B) Notwithstanding any provision in this lease to the contrary, if any session of the Virlinia General Assembly fails to appropriate funds for the continuance of this lease or the federal government fails (o eppropriete or allocate sufficient funds for the purpose of continuation of this lease, it shall automatically terminate upon depletion of the then currently allocated funds. (C} Notwithstanding any provision to the contrary, if. by operation of law. the leasing ageocy designated in paralreph 3 shall cease to exist or its powere and authority are limited so as not to permit the continued use of the demised premises for the purpose and use for which same is leased, then this lease and nil oblilatkms of Lessee hereunder shall terminate. 12. NOTICE: See: Attachment No. ! (A) Any and all f,otices alfectiol this lease may be ~erved by the panics hereto, or by' their duly authorized agents, ns effectively ns if same were served by any officer authorized by law to serve such'notices. The retur~ of such party, or its duly authorized aleut, showinl the time. place and menner of service of such · notice shall have the same force end elfeot in any lelnl pruceedinl~ based thereon as a return of service by any o~lcer autho~zod by law to serve such notice. I B) All notices requirad by law to be served upon. and all notices permitted by this lease to be mailed to. a pa,y to this lease shall he served upon or mailed to. as the case may be. the following alents for each party who art hereby appointed end desilnated as such for the purpose of receivinl all such on(ices: 11) Les~'s alent shall he ~(ann~er of Pmrks and Re~rention/Gro.ndm Mmint~nnnce' whos~ address is 210 Reserve Avenue, S, W,, Roanoke Virginia 24016 12} Lessee'saleotshellhe--_DJ.-~ector-. Divi~io.n of Histor,i.,c, Landmarks whose address is 221 Governor Street Rir=lm~n~ , Virginia 23219 Each piny shall immediately notify the other party; in writing, of any change of agents, and no change of alents shift be effective until such notice is liven. (C) Where. under the terms of this lease, a notice is required or permitted to be mailed by certified ur relistered areal, rutuflJ receipt requcste~, am: such notice is n~t mailed in such manner, the notice shall be eff~tive I~ actually received by the party, oc its appointed alent, to whom the notice is directed. 13. BINDIN(] UPON SUCCESSORS: This lease shall be bikini upon the heirs, successors in interest and s~iem of the ISem~ herato. 14. ENTIR~ AGREEMENT: This whiten Lease Alreemeot constitutes the entire, full and complete under- stlndinl and alreemeot of the pL..ties, and all representations, conditions, sta~emeots, warranties, cov- enants, promises or alreements previously made or liven by either irony to the other are hereby expressly merled into this writtea ~ All~efll~ot and shall be null. void and without legal effect. I$.. MODIFICATION: This Lease Alreement shall nm he modified, alterad or amended except by written alreement executed by the I)a~ies hereto with the sen~ formality as this alreement. 16. PARAGRAPH HEADINGS: Heodinls to the poralraphs are mere catchwords and are illustrative only: they do not fon~ · pan of this lease nor are they intended to be used in construinl same. (4) 17. ,LDDITIONAL PROVISIONS: This le~.~e is subject to the terms,. ~:~mditlons. mt~Jifications, additions and/or deletions provided in the f'ollowinI desilnated attachments which arc incorporated herein by ~r~e: [~si~le ~ "Attachment No. I." etc. I~ none. ~ta~e "NONE."I ~: Attaint ~. 1. 18. This Lease Adreement shall not be effective et, blneinI unless and until si~ned by J2oth pnr~ es an.,l, where required by law. approved by the Director ol' the Division of Enlinearinl and Buildinss and the Governor ol' Vlrlinia. or his desilnee. IN WITNESS WHEREOF. the patties have alfixed Iheir si~,atures and seals. Approved as to f0rllt Assistant City Attorney LESSOR: IType or print name) (Silzmture! (Title. is applicable) LESSEE: COMMONWEALTH OF VIRGINIA. by the (Depm'tment, Institution. Asency or Board) COMMONWEALTH OF VIRGINIA CITY/~U-~-~TY ~ '~=e'~"'"'ld'-~- . to-wit: The forelOin! Lea.le A~reemem was acknowledged before me by ~ · ~ ~ on Ihe / ~ ~ day of ~ ~ , 19 ~ ~ . in the jurisdiction aforesaid. My Commission expires: ~ ~[~ /~ qO ~ O Nola~ Public o COMMONWEALTH OF VIRGINIA CITY/COUNTY OF ~',.; c.~e,~.o~ ~_ . to-wit: The foreloinI Lense Alreement was aclmowledled before me by ~'~ (~. f~,'l[e r on the C~ ~'~- day of ~ ~)~- ~ , 19 ~ cl , in Ihe jurisdiction afore~id. My Commission expires: ~)cccw~Cr ~: ~.et~_ Notur7 Public RECOMMEND APPROVAL: DIVISION OF ENGINEERING AND BUILDINGS RECOMMENO APPROVAL: DEPARTMENT OF GENERAL SERVICES · // Director' ~VED BY THE GOVERNOR: I~lllulnl to ! -~) , ~ - ~C~,~- of t he Cmie of Virlinia ( 19501. as emended, as t h,e~,o{~qcial designee o f Ille~ ~Oev~l~..o~e,~iil~n'm. as amhorizmi ami desilnated by Executive Order ..~.c~(~((~! . da~ed ....... I hereby approve the acquisition of the demised premise~ put%u- ant Io IIt~l [~ Alrecmenl and the execution of this instrument for. on behalf of. and in the stead o1' Governor of Vlrlinia. · (Date! (61 Attachment No. I This Attachment forms a part of that certain Lease Agreement by and between the City of Roanoke("Lessor") and the Commonwealth of Virginia, by the Department of Conservation and Historic Resources,("Lessee") dated the 1~ day of March , 1989. Lessor and Lessee agree to the following terms, conditions, modifications, additions and/or deletions: 1. . Any property or equipment placed or stored in the demised premises by Lessee shall be at the risk of the Lessee. Nothing h~:cein shall affect th.a Lessor's liability, if any, for property damage caused by the negligence of its officers, agents, or employees. 2. Lessee shall be responsible for damage to, or loss of, real or personal property of Lessor caused by the negligence of Lessee or its officers, agents or employees. At the termination of this lease, Lessee shall deliver peacefully the demised premises to Lessor. 3. Lessee shall comply with Lessor's requirements, including means of access to the demised property and parking. It is agreed that public access to the office space assigned to the Lessee on the second floor (See Attachment 3) will be through the front entrance of the building when the Recreation center is open to the public. 4. This lease shall not be assigned and the property or any portion thereof shall not be sublet without Lessor's prior written consent, which consent shall not be unreasonably withheld. 5. Lessee agrees and consents that Lessor shall have the right to enter the premises at all reasonable times for the purpose of inspecting or making any repairs or routine maintenance that Lessor may deem necessary or appropriate. Lessee shall provide, at Leaeee's expense, telephone and supplemental heating and air conditioning. 7. With written approval of the City Manager, Lessee shall have the option to renew this lease for an additional term of one year u~n such terms and conditions as may be mutually agreed to by the parties. 8. The requirements of paragraph 4(A) of the Lease Agreement do not apply. Lessor agrees that, when the Recreation Center is open to the public, the Center leader will notify Lessee's employees on the premises of the arrival of physically handicapped and aged individuals needing information or Attachment No. i (continued) assistance from the Lessee. Whenever required by Lessee to meet the needs of physically handicapped individuals, Center custodian will provide suitable meeting space on the main flo~r-t~ the Recreation Center if such space is available. Access for the handicapped during hours when the Recreation Center is not open to the public will not be available and other arrangements will be made by Lessee's employees. 9. Effective July 1, 1989, the leasing agency designated in paragraph 3 shall transfer its powers and authority as Lessee to the Department of Historic Reso~lrces, in order to permit the continued use of the demised premises for the purpose and use for which the same is leased. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 12, 1993 File #29-112-166 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31364-030893 authorizing execution of agreements with Appalachian Power Company for abandonment and removal of eight existing Appalachian power poles and installation and maintenance of five new power poles on City-owned Beaverdam Reservoir property, along relocated Route 635, Jeter's Chapel Mountain Road, in Bedford County; and Chesapeake and Potomac Telephone Company to allow C & P to move its telephone cable to the five new Appalachian power poles, as more particularly set forth in a report of the Water Resources Committee under date of March 1, 1993. Ordinance No. 31364-030893 was adopted by the Council of the City of Roanoke on first reading on Monday, March 1, 1993, also adopted by the Council on second reading on Monday, March 8, 1993, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. po: Mr. Michael Slusher, Engineering Assistant, C & P Telephone Company of Virginia, 4843 Oakland Boulevard, N. E., Roanoke, Virginia 24012 Mr. Billy L. Altice, Engineering Department, Appalachian Power Company, P. O. Box 2021, Roanoke, Virginia 24022 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Mr. Kit B. Kiser, Director, Utilities and Operations Mr. M. Craig Sluss, Manager, Water Department Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Mr. Richard V. Hamilton, Reai Estate Agent IN THE COUNCIL OF THE CITY OF ROANOKE, The 8th day of March, 1993. No. 31364-030893. VIRGINIA, AN ORDINANCE authorizing the execution of agreements with Appalachian Power Company ("Appalachian") and the Chesapeake and Potomac Telephone Company ("C&P") permitting relocation of Appalachian's electric service system and C&P's telephone cable adjacent to Route 635, Jeter's Chapel Mountain Road, in Bedford County, 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, (a) an appropriate agreement with Appalachian for the abandonment and removal of eight (8) existing Appalachian power poles and the installation and maintenance of five (5) new power poles on the City-owned Beaverdam Reservoir property, along relocated Route 635, Jeter's Chapel Mountain Road, in Bedford County, upon certain terms and conditions, as more particularly set forth in the report to this Council dated March 1, 1993, and (b) an appropriate agreement with C&P to allow C&P to move its telephone cable to the five (5) new Appalachian power poles, upon certain terms and conditions, as more particularly set forth in the report to this Council dated March 1, 1993. ATTEST: City Clerk. CITY C.' '-?~' '93 F? Roa~o~e~ V£rg£~£a March 1, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Beaver Dam Reservoir Property Jeter's Chapel Mountain Road Improvements Appalachian Power Company Pole Relocation (APCO) and C & P Telephone Company Easements Agreement The attached staff report and memo were considered by the Water Resources Committee at its meeting on February 22, 1993. The Committee recommends that Council authorize the appropriate easement with APCO and C & P Telephone Company to relocate their utilities on City owned property adjacent in accordance with conditions stated in the to Route 635 in Bedford County, attached documents. ETB:KBK:afm Attachment CC: Respectfully submitted, Eliza~th T. Bowles, Chairman Water Resources Committee City Manager City Attorney Director of Finance Director of Utilities & Operations Manager, Water Department Billy L. Altice, Engineering Department, APCO Mike Slusher, Engineering Assistant, C & P Telephone INTERDEPARTMENTAL COMMUNICATION DATE: February 22, 1993 TO: ~.~e~s,k~ater Resources Committee FRO~_~ ~,Kiser, Director of Utilities & Operations, ~' W. R6bert Herbert, City Manager SUBJECT: BEAVERDAM RESERVOIR PROPERTY JETER'S CHAPEL MOUNTAIN ROAD IMPROVEMENTS APPALACHIAN POWER COMPANY (APCO) POLE RELOCATION EASEMENTS AGREEMENT thru II. I. Backqround: Relocationr wideninq and improvement of Jeter's Chapel Mountain Road (Route 635), which involved small portions of City's reservoir property, was authorized by City Council by Ordinance No. 30992-051892. Subsequently, the Virginia Department of Transportation (VDOT) prepared, had approved by City staff, and recorded in Bedford County, a plat which dedicated the additional right-of- way necessary for their purposes. Current Situation: A. The location of five (5) new APCO power poles to conform to the new alignment of the road requires, due to the topography, that eight (8) existing poles located on City property in or near the new road right-of-way be abandoned and removed and the five (5) new poles placed on City-owned property. These moves result in several small re-alignments of the system between the new poles where the line currently crosses City-owned property. No major shifts in alignment result from this and no large trees will be affected, although the shift will require some tree trimming and the removal of a limited number of smaller trees. Agreement (attached) received from APCO will provide them the right to install poles and guys on the City-owned property adjacent to the right-of-way of Route 635. Members, Water Resource Committee RE: Beaverdam Reservoir Property Jeter's Chapel Mountain Road Improvements Appalachian Power Company (APCO) Pole Relocation Easements Agreement Page 2 III. Issues: A. Timinq B. Need C. Cost to City D. Impact on Watershed IV. Alternatives: Committee recommend to City Council that it authorize the City Manager and City Clerk to execute and attest respectively the attached APCO Agreement permitting relocation of portions of the electric service system on the City-owned Beaverdam Reservoir property, along relocated Route 635, Jeter's Chapel Mountain Road, in Bedford County (see attached maps). Timinq to permit relocation of electric of way of construction scheduled to spring is met. system out begin this 2. Need to upgrade and relocate system is met. 3. Cost to City is zero. Impact on Reservoir is removal of a few small trees outside of watershed area. Committee not recommend that City Council authorize the execution of an APCO Agreement permitting relocation of portions of the electric power system on the Beaverdam Reservoir property necessitated by the relocation of Route 635. Members, Water Resource Committee RE: Beaverdam Reservoir Property Jeter's Chapel Mountain Road Improvements Appalachian Power Company (APCO) Pole Relocation Easements Agreement Page 3 Timinq to move electric poles prior to beginning road construction not met. Need to move out of way of construction not met. Cost to City is not an issue. Impact on Reservoir is zero. Recommendation: Committee recommend to City Council that it authorize the execution of an APCO Agreement permitting the relocation of portions of the electric system adjacent to Route 635 in accordance with Alternative "A". KBK/RVH/fm Attachment cc: City Attorney Director of Finance Manager, Water Department Billy L. Altice, Engineering Dept., APCO MAP NO. ,700-209 PROPERTY HO. EAS. NO. W. O. 750-0011 J. O. 92-1529 ~ZS ]~G~, ~da this 11th day of January, 1993, by and between the CZT~ aP P~OK~ a municipal corporation existing under the 1awe of the Commonwealth of Virginia, herein called flGH~ITGH,# Md ~p~I~N pON~R COM~N~, a virginia public service corporation, herein called W I TN E S SETH: %q~T ~ ~ ~ ~O~IZD~'~sTZON of the GUm of ONE DOLLAR ($1.00), the receipt of which ia hereby acknowledged, the ~ hereby givaa license and permit to ]LPP~LACHIAN, its suooeaaore and assigns, and the right, privilege and authority erect, operate, end maintain a line or lines for the purpose of relocating l~ower linaa to allow the widening of Virginia Secondary Highway Route 635. BH~N~ a right of way, in, on, along, over, ~hrough, acroaa or under said lands for the purpose of ~aking more reliable electric service available to facilities located in The Blue Ridge District, County of Bedford. Said righta and Easements for relocating five (5) poles 209-29, 209-134, 209-135, 209-26 and 209-25. The location of said ~alactric facilities being along Virginia secondary Highway Route 635 and being from approximately 3/10 mile south of Virginia Secondary Highway RoU~ 603~ in the Jet.rs Chapel area of Bedford County to approximately 300 feet north of Virginia Secondary Higwsy Route 603. It ia understood and agreed, in the futura, Appalachian, upon written notice from GRANTOR, shall relocate, for one (1) time only, at Appalachian's expense, said facilities to another location on said premisea provided the Grantors, their successors or assigns, furnish without cost to Appalachian, a satisfactory new location for said facilities. TOG~T~ with the right to said APpAlACHIAN, its successors and assigns, to place, maintain, inspect, and add to the D-m~er of poles, croesarme, 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 trees or other obstructions which may endanger the safety or interfere with and anchors~ and the reasonable right of ingress and egress to adjoining lands of the party of the GRANTOR, at any and all enjoyment of thm rights herein granted; also the privilege 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 all of its poles, croesarms, wires, cables, transformers, guys and anchors; from the lands of the G~NTOR, then all of the rights, title and interest of the party of APPALACHIAN in the right of way and license hersinabovs granted, shall revert to the GI~ARTOR, its APPALACHIAN agrees GRANTOR against any and to indemnify and save harmless the all lose 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 anchors of APPALACHIAN. TO nv~ ]~ND TO HOLD the same unto Appalachian Power Company, its successors and assigns. WITNESS the signature of the City of Roanoke by , its , and 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: CI~"Z OF RO~OKE ) I, , a Notary P~blic in and for the City and State aforalaid, do certify that and , and City Clerk, respectively, of the City of Roanoke, whole names me euoh ara signed to thl writing above, hearing data the __ each acknowledged the same aforesaid. Given under my hand this My Commielion Expires: day of , 19 __, have before me in my jurisdiction day Of , 19 __. NOTARY PUBLIC AGBMTS / CTYROA. WPF ..,2 INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: February 18, 1993 Kit B. Kiser, Director of Utilities & Operations Richard V. Hamilton, Right-of-Way Agent~ WATER RESOURCES AGENDA 2/22/93 BEAVERDAM, RESERVOIR PROPERTY JETER'S CHAPEL MOUNTAIN ROAD IMPROVEMENTS APPALACHIAN POWER COMPANY (APCO) POLE RELOCATION EASEMENTS AGREEMENT Attached please find a communication and Deed of Easement forwarded to me by C&P Telephone Co. regarding the referenced APCO pole relocation project. As C&P must hang their telephone lines on the relocated APCO poles, they wish to inform the City of the fact that they will also be utilizing the same easement that will be granted to APCO and to assure their own rights to use that easement. I am not sure that a separate deed of easement is required in this (very common) situation and am forwarding this information to you for presentation to the Water Resources Committee at the time they consider the APCO request so that provision can be made to also give C&P permission to utilize the APCO poles on City property in whatever form that permission should be granted. RVH/fm cc: Gladys L. Yates, Assistant City Attorney -. · @ C&P Telephone C&P Telephone Company of Virginia 4843 Oakland Boulevard, N.E. Roanoke, Virginia 24012 February 16, 1993 Mr. Richard V. Hamilton Right of Way Agent Municipal Bldg., Room 350 215 Church Ave., S. W. Roanoke, Virginia 24011 Dear Mr. Hamilton: HIGHWAY RELOCATION ON ROUTE 635 JETERS CHAPEL IN BEDFORD COUNTY. Enclosed is the right of way form C&P Telephone Company will need signed to move our telephone cable. Our cable will be attached to the new APCO pole. Please contact me if you require additional information. Thank you, Mike Slusher Engineering Assistant 703-982-4955 42-100-(6-90) SHEET I OF ~ This Deed of Easement, made this day of , 19 , between THE CHESAPFJtKE AND POTOMAC TELEPHONE COMPANY OF VIRGINIA, hereinafter called ~ and City of Roanoke ,, successors or assigns hereinafter called "N_~. WITNESSETH OF VIRGINIA undersigned SUCCeSsors, easement to Received of THE CHESAPEAKE AND POTOMAC TELEPHONE COMPANY One Dollar ($1.00) in consideration of which the hereby grant and convey unto said Company, its assigns, lessees and agents, a right of way and construct, operate, maintain, replace and remove a communication system consisting of such poles, fixtures, guys, anchors, wires, cables and other appurtenances, as the grantees may from time to time require, upon, across and over the land which the undersigned own or in which the undersigned have any interest in the District of Blue Ridge , County of Bedford and State of Virginia, and upon, under along and over the roads, streets and highways adjoining the said land, together with the following rights: Of ingress and egress over and across the lands of the undersigned to and from said systems for the purpose of exercising the rights herein granted; to cut down and keep cut down all trees and undergrowth within 5 feet of said system: and to permit the attachment of and to carry in said systems the wires, cables, cir~its and appurtenances of any other Company; including all- electric wires. Said easement being lo6ated and described on said land as follows: Attached to APCO pole line as shown on the attached drawin~s. ExistinK line is being relocated due to VDOT h~½wa~ project: 0635-009-P30 Witness of , 19 hand and seal this Grantor Grantor day (Seal) (Seal) State of Virginia, To Wit: I, Virginia in and for the that , a of , Of the State of aforesaid, do hereby certify whose name signed to the within writin~ , 19 has bearing date on the day of acknowledged the same befor~ me in my and State aforesaid. Given under my hand this __ day of , 19 Notary Public My commission expires day of , 19 State of virginia, of , To Wit: , a of the State of aforesaid, do hereby certify virginia in and for the that whose name signed to the within writin~ bearing date on the day of , 19 has acknowledged the same before me in my and State aforesaid. Notary Public " My commission expires day of~- , 19 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 R~anoke, Virginia 24011 Telephone: (703) 981-2341 SANDRA H. EAKIN Deputy City Clerk March 12, 1993 File #27-72-104-121-262-472 Mr. James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31365-030893 amending and reordaining certain sections of the 1992-93 General, Internal Service Fund, and Sewage Fund Appropriations, providing for appropriation of certain funds, in connection with acceptance of the lowest responsible bids received by the City for certain vehicular equipment to be used by the Office of City Manager, Office of the Sheriff, Department of Social Services, Department of Communications and Water Pollution Control Plant. Ordinance No. 31365-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. pc: The Honorable W. Alvin Hudson, City Sheriff Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Kit B. Kiser, Director, Utilities and Operations Mr. D. Darwin Roupe, Manager, Generai Services Mr. Steven L. Waiker, Manager, Water Pollution Control Plant Mr. William F. Clark, Director, Public Works Mr. James A. McClung, Manager, Fleet and Solid Waste Management Mr. George C. Snead, Jr., Director, Public Safety Mr. Ronaid L. Wade, Acting Manager, Communications Mr. Barry L. Key, Manager, Office of Management and Budget Ms. Corinne B. Gott, Acting Director, Human Development Ms. Doris M. Kinsey, Acting Manager, Social Services IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 8th day of March, 1993. No. 31365-030893. AN ORDINANCE to amend and reordain certain sections of the 1992-93 General, Internal Service Fund, and Sewage 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 1992-93 General, Internal Service Fund, and Sewage Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: general Fun4 A ro ' 'ons Nondepartmental Transfers to Other Funds (1) ........................ Fund Balance Capital Maintenance Replacement & Equipment Program - City (2) ................................. Revenue Miscellaneous (3) ................................... Internal Service Fun~ A r' t' s Fleet Management Capital Outlay (4) .................................. $ 12,449,610 12,877,893 1,497,637 113,896 $ 3,106,676 1,208,171 Revenue Operating Supplement General Fund (5) ............... $ 182,199 Sewaoe Fund Appropriations Capital Outlay from Revenue Capital Outlay (6) .................................. Retained Earnings Retained Earnings Unrestricted (7) .................. 61,909 61,909 $ 15,345,561 1) Transfer to Internal Service Fund 2) CMERP - City 3) Miscellaneous 4) Vehicular Equipment 5) Operating Supplement General Fund 6) Vehicular Equipment 7) Retained Earnings - Unrestricted (001-004-9310-9506) (001-3323) (001-020-1234-0859) (006-052-2641-9010) (006-020-1234-0951) (003-056-3175-9010) (003-3336) 28,318 (14,882) 13,436 28,318 31,550 15,497 (15,497) BE IT FURTHER Ordinance shall be ORDAINED that, an e~ergency in effect from its passage. existing, this ATTEST: City Clerk. Roanoke, Virginia February 22, 1993 '93 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Bids to purchase Automobiles and Utility Vehicles Bid No. 93-1-65 I. Background II. Capital Maintenance and Equipment Replacement Proqram has identified vehicular equipment that needs to be purchased or replaced. Six (6) units are identified on Attachment "A" of this report. Bid specifications were developed and along with a request for quotation were sent to eleven (11) vendors that are currently listed on the City's bid list. A public advertisement was also published in the Roanoke Times and Roanoke Tribune. Bids were received in the Office of the Manager of General Services after due and proper advertisement, until 2:00 p.m. on February 5, 1993 at which time all bids appropriately received were publicly opened and read. Bid tabulation is attached. Current Situation Ail bids appropriately received were evaluated in a consistent manner by representatives of the following departments: Fleet Management City Sheriff Communications General Services B. Bids received were also compared to vehicles that are available under the current State Contract. Automobiles and Utility Vehicles Bid No. 93-1-65 Page 2 III. Issues Bid evaluations are as follows: ae Item #1 - One (1) New Full Size Automobile for the City Sheriff. The lowest bid submitted by Farrell Ford, Inc. meets all specifications for a cost of $12,899.00. Item #2 - One (1) New Full Size Automobile for the City Manager. The lowest price for this vehicle is the unit available on the State Contract. This unit meets specifications and is available from Warnock Ford, Inc. for a cost of $13,436.00. Item #3 - One (1) New 4-Door, 4-Wheel Drive Utility Vehicle for Communications Department. The lowest bid submitted by Berglund Chevrolet, Inc., meets all specifications for a cost of $14,881.37. Item #4 - One (1) New 4-Wheel Drive Utility Vehicle, V-6 Engine, Heavy Duty Electrical System for Water Pollution Control Plant. The lowest bid submitted by Berglund Chevrolet, Inc., meets all specifications for a cost of $15~496.58. Item #5 - One (1) New Mid-Size Station Wagon for Social Services Department. The lowest bid submitted by Farrell Ford, Inc., meets all specifications for a cost of $13,929.10. Item #6 - One (1) New Mid-Size 4-Door Sedan for Social Services Department. The lowest bid submitted by Pinkerton Chevrolet-GEO, Inc., meets all specifications for a cost of $9r802.96. Need Compliance with Specifications Fund Availability Automobiles and Utility Vehicles Bid No. 93-1-65 Page 3 IV. Alternatives A. Council provide for the purchase of the following vehicles: One (i) New Full Size Automobile for the City Sheriff from Farrell Ford, Inc. for a total cost of $12,899.00. One (1) New Full Size Automobile for the City Manager from Warnock Ford, Inc., the current State Contract provider, for a total cost of $13,436.00. One (1) New 4-Door, 4-Wheel Drive Utility Vehicle for Communications Department, from Berglund Chevrolet, Inc., for a total cost of $14,881.37. One (1) New 4-Wheel Drive Utility Vehicle, V-6 Engine, Heavy Duty Electrical System for Water Pollution Control Plant, from Berglund Chevrolet, Inc. for a total cost of $15,496.58. One (1) New Mid-Size Station Wagon for Social Services from Farrell Ford, Inc. for a total cost of $13,929.10. One (1) New Mid-Size Sedan for Social Services from Pinkerton Chevrolet-GEO, Inc. for a total cost of $9,802.96. Need Vehicles identified in this alternative are necessary for the continued performance of assigned duties by requesting departments. Compliance with Specifications - Vehicles recommended in this alternative meets all required City specifications. Fund Availability Funds are available in the following accounts for the purchase of the above requested vehicles: 1. City Sheriff's account Automobiles and Utility Vehicles Bid No. 93-1-65 Page 4 2. Miscellaneous Revenue account 3. Capital Maintenance and Equipment Replacement account 4. Fleet Management account 5. Water Pollution Control Plant' Retained Earnings account B. Reject all Bids Need Required duties of those departments previously mentioned would not be accomplished in the most effective and efficient manner. Compliance with Specifications would not be a factor in this alternative. Fund Availability Funds available for the purchase of requested vehicles would not be expended. Recommendations A. Council concur with Alternative "A" award the lowest responsible bids meeting specifications for vehicular equipment as follows: One (1) New Full Size Automobile from Farrell Ford, Inc. for a total cost of $12~899.00. One (1) New Full Size Automobile from Warnock Ford, Inc. for a total cost of $13~436.00. One (1) New 4-Door, 4-Wheel Drive Utility Vehicle from Berglund Chevrolet, Inc. for a total cost of $14~881.37. One (1) New 4-Wheel Drive, V-6 Engine Utility Vehicle from Berglund Chevrolet, Inc. for a total cost of $15~496.58. 5. One (1) New Mid Size Station Wagon from Farrell Ford, Inc. for a total cost of $13~929.10. Automobiles and Utility Vehicles Bid No. 93-1-65 Page 5 CC: One (1) New Mid Size Sedan from Pinkerton Chevrolet-GEO, Inc. for a total cost of $9t802.96. B. Reject all other Bids C. Fundinq is as follows: $12t899.00 is available in Sheriff's Department account 001-024-3310-9010 for the purchase of Item #1. Increase the revenue estimate $13t436.00 from Miscellaneous Revenue account 001-020-1234- 0859 and appropriate a like amount to transfer to Fleet Management account 006-052-2641-9010. ADDroDriate $14t881.37 from Capital Maintenance and Equipment Replacement Program account to Fleet Management account 006-052- 2641-9010 for the purchase of Item #3. ADDroDriate $15t496.58 from Water Pollution Control Plant Retained Earnings account to Water Pollution Control Plant account 003-056- 3175-9010 for the purchase of Item #4. $23t732.06 is available in Fleet Management account 006-052-2641-9010 for the purchase of Items #5 and #6. Respectfully Submitted, W.~obert Herbert ~ City Manager City Attorney Director of Finance Office of Management & Budget ~ j Attachment "A" No. of Vehicles 1 1 1 1 1 1 Type Automobile Automobile Utility Vehicle Utility Vehicle Station Wagon Automobile Department City Sheriff City Manager Communications Water Pollution Control Plant Social Services Social Services MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 12, 1993 File #137-223-450 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31374-030893 endorsing the proposal to extend Amtrak service between New York and Atlanta via Roanoke and urging the United States Congress to support expansion of Amtrak rail service to Downtown Roanoke as a part of the proposed New York - Atlanta Route. Resolution No. 31374-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, ~6~.~.~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. pc: Mr. Franklin D. Kimbrough, Executive Director, Downtown Roanoke, Inc., 310 First Street, S. W., Roanoke, Virginia 24011 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Mr. Kit B. Kiser, Director, Utilities and Operations MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2AOI 1 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 12, 1993 File #137-223-450 The Honorable John W. Warner United States Senator Room 225, Russell Senate Office Building Washington, D. C. 20510 Dear Senator Warner: I am enclosing copy of Resolution No. 31374-030893 endorsing the proposal to extend Amtrak service between New York and Atlanta via Roanoke and urging the United States Congress to support expansion of Amtrak rail service to Downtown Roanoke as a part of the proposed New York - Atlanta Route. Resolution No. 31374-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, ~.A~,~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 12, 1993 File #137-223-450 The Honorable Charles S. Robb United States Senator Room 493, Russell Senate Office Building Washington, D. C. 20510 Dear Senator Robb: I am enclosing copy of Resolution No. 31374-030893 endorsing the proposal to extend Amtrak service between New York and Atlanta via Roanoke and urging the United States Congress to support expansion of Amtrak rail service to Downtown Roanoke as a part of the proposed New York - Atlanta Route. Resolution No. 31374-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room Roanoke, Virginia 2ti011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 12, 1993 File #137-223-450 The Honorable Robert W. Goodlatte, Member House of Representatives 22 W. Church Avenue Roanoke, Virginia 24011 Dear Congressman Goodlatte: I am enclosing copy of Resolution No. 31374-030893 endorsing the proposal to extend Amtrak service between New York and Atlanta via Roanoke and urging the United States Congress to support expansion of Amtrak rail service to Downtown Roanoke as a part of the proposed New York - Atanta Route. Resolution No. 31374-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, ~O.~_/~.t-~__ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. MARY F. PARKER City Clerk, CMC/AAE CITY' OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 12, 1993 File #137-223-450 The Honorable J. Brandon Bell, Member Senate of Virginia P. O. Box 11341 Roanoke, Virginia 24022-1341 Dear Senator Bell: I am enclosing copy of Resolution No. 31374-030893 endorsing the proposal to extend Amtrak service between New York and Atlanta via Roanoke and urging the United States Congress to support expansion of Amtrak rail service to Downtown Roanoke as a part of the proposed New York - Atlanta Route. Resolution No. 31374-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, ~O.~J~ Mary F. Parker, CMC/A/[E City Clerk MFP: sm Enc. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 12, 1993 File #137-223-450 The Honorable A. Victor Thomas, Member House of Delegates 1301 Orange Avenue, N. E. Roanoke, Virginia 24012 Dear Delegate Thomas: I am enclosing copy of Resolution No. 31374-030893 endorsing the proposal to extend Amtrak service between New York and Atlanta via Roanoke and urging the United States Congress to support expansion of Amtrak raft service to Downtown Roanoke as a part of the proposed New York - Atlanta Route. Resolution No. 31374-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 12, 1993 File #137-223-450 The Honorable Clifton A. Woodrum, III, Member House of Delegates P. O. Box 1371 Roanoke, Virginia 24007 Dear Delegate Woodrum: I am enclosing copy of Resolution No. 31374-030893 endorsing the proposal to extend Amtrak service between New York and Atlanta via Roanoke and urging the United States Congress to support expansion of Amtrak rail service to Downtown Roanoke as a part of the proposed New York - Atlanta Route. Resolution No. 31374-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, ~/L,~,.c--- Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK :215 Church Avenue, S,W., Room ,*56 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 12, 1993 File #137-223-450 The Honorable C. Richard Cranwell, Member House of Delegates P. O. Box 459 Vinton, Virginia 24179 Dear Delegate Cranwell: I am enclosing copy of Resolution No. 31374-030893 endorsing the proposal to extend Amtrak service between New York and Atlanta via Roanoke and urging the United States Congress to support expansion of Amtrak rail service to Downtown Roanoke as a part of the proposed New York - Atanta Route. Resolution No. 31374-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 4~6 Roanoke, Virginia 24011 Telephone: (?03) 981-2,541 SANDRA H. EAKIN Deputy City Clerk March 12, 1993 File #137-223-450 The Honorable G. Steven Agee, Member House of Delegates 1919 Electric Road, S. W. Roanoke, Virginia 24018 Dear Delegate Agee: I am enclosing copy of Resolution No. 31374-030893 endorsing the proposal to extend Amtrak service between New York and Atlanta via Roanoke and urging the United States Congress to support expansion of Amtrak rail service to Downtown Roanoke as a part of the proposed New York - Atanta Route. Resolution No. 31374-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. MARY F, PARKER Ci£y Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy Cily Clerk March 12, 1993 File #137-223-450 The Honorable John G. Milliken, Secretary Secretary of Transportation Commonwealth of Virginia 607 North Street Office Building Richmond, Virginia 23219 Dear Secretary Milliken: I am enclosing copy of Resolution No. 31374-030893 endorsing the proposal to extend Amtrak service between New York and Atlanta via Roanoke and urging the United States Congress to support expansion of Amtrak rail service to Downtown Roanoke as a part of the proposed New York - Atlanta Route. Resolution No. 31374-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, ~0~.~.~4_..~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 12, 1993 File #137-223-450 Mr. W. Graham Claytor, Jr., President National Railroad Passenger Corporation 60 Massachusetts Avenue, N. E. Washington, D. C. 20002 Sincerely, Dear Mr. Claytor: I am enclosing copy of Resolution No. 31374-030893 endorsing the proposal to extend Amtrak service between New York and Atlanta via Roanoke and urging the United States Congress to support expansion of Amtrak rail service to Downtown Roanoke as a part of the proposed New York - Atlanta Route. Resolution No. 31374-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 12, 1993 File #137-223-450 Mr. R. Keith Jackson City Clerk City of Morristown P. O. Box 1499 Morristown, Tennessee 37816-1499 Dear Mr. Jackson: I am enclosing copy of Resolution No. 31374-030893 endorsing the proposal to extend Amtrak service between New York and Atlanta via Roanoke and urging the United States Congress to support expansion of Amtrak rail service to Downtown Roanoke as a part of the proposed New York - Atlanta Route. Resolution No. 31374-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, ~/Y,A_/~(_-~ Mary F. Parker, CMC/AAE City Clerk MFP: sm El'lC. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 12, 1993 File #137-223-450 Ms. Kaye Burton City Clerk City of Athens City Hall Athens, Tennessee 37303 Dear Ms. Burton: I am enclosing copy of Resolution No. 31374-030893 endorsing the proposal to extend Amtrak service between New York and Atlanta via Roanoke and urging the United States Congress to support expansion of Amtrak rail service to Downtown Roanoke as a part of the proposed New York - Atlanta Route. Resolution No. 31374-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, ~) Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 12, 1993 File #137-223-450 Ms. N. June Sparger City Clerk City of Bristol 801 East Broad Street Bristol, Tennessee 37620 Dear Ms. Sparger: I am enclosing copy of Resolution No. 31374-030893 endorsing the proposal to extend Amtrak service between New York and Atlanta via Roanoke and urging the United States Congress to support expansion of Amtrak raft service to Downtown Roanoke as a part of the proposed New York - Atanta Route. Resolution No. 31374-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, ~D~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. MARY F. PARKER City Clerk, CMC/A/LE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy Cit~ Clerk March 12, 1993 File #137-223-450 Mr. J. C. Higginbotham, Clerk Wythe County Board of Supervisors 345 S. Fourth Street Wytheville, Virginia 24382 Dear Mr. Higginbotham: Sincerely, I am enclosing copy of Resolution No. 31374-030893 endorsing the proposal to extend Amtrak service between New York and Atlanta via Roanoke and urging the United States Congress to support expansion of Amtrak rail service'to Downtown Roanoke as a part of the proposed New York - Atlanta Route. Resolution No. 31374-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 12, 1993 File #137-223-450 Mr. Forest G. Jones City Clerk City of Salem P. O. Box 869 Salem, Virginia 24153 Dear Mr. Jones: I am enclosing copy of Resolution No. 31374-030893 endorsing the proposal to extend Amtrak service between New York and Atlanta via Roanoke and urging the United States Congress to support expansion of Amtrak rail service to Downtown Roanoke as a part of the proposed New York - Atlanta Route. Resolution No. 31374-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, ~~ Mary F. Parker, CMC/AA~ City Clerk MFP: sm Ene. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 12, 1993 File #137-223-450 Mr. Daniel Johnson City Clerk City of Bristol 497 Cumberlarid Street Bristol, Virginia 24201 Dear Mr. Johnson: I am enclosing copy of Resolution No. 31374-030893 endorsirig the proposal to extend Amtrak service between New York and Atlanta via Roanoke and urging the United States Congress to support expansion of Amtrak rail service to Downtown Roanoke as a part of the proposed New York - Atlanta Route. Resolution No. 31374-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 12, 1993 File #137-223-450 Ms. Dixie O. Sheets Clerk of Council Town of Marion Route 6, Box 305 Marion, Virginia 24354 Dear Ms. Sheets: I am enclosing copy of Resolution No. 31374-030893 endorsing the proposal to extend Amtrak service between New York and Atlanta via Roanoke and urging the United States Congress to support expansion of Amtrak rail service to Downtown Roanoke as a part of the proposed New York - Atlanta Route. Resolution No. 31374-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vir$inia 2~1011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 12, 1993 File #137-223-450 Mr. G. M. Newman Clerk of Council Town of Abingdon P. O. Box 789 Abingdon, Virginia 24210 Dear Mr. Newman: I am enclosing copy of Resolution No. 31374-030893 endorsing the proposal to extend Amtrak service between New York and Atlanta via Roanoke and urging the United States Congress to support expansion of Amtrak rail service to Downtown Roanoke as a part of the proposed New York - Atlanta Route. Resolution No. 31374-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, ~.4~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 12, 1993 File #137-223-450 Ms. Sharon P. Cassell Clerk of Council Town of Wytheville P. O. Drawer 533 Wytheville, Virginia 24382 Dear Ms. Cassell: I am enclosing copy of Resolution No. 31374-030893 endorsing the proposal to extend Amtrak service between New York and Atlanta via Roanoke and urging the United States Congress to support expansion of Amtrak rail service to Downtown Roanoke as a part of the proposed New York - Atlanta Route. Resolution No. 31374-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 12, 1993 File #137-223-450 Mr. H. D. Miller City Clerk City of Chattanooga City Hall, Suite 100 Chattar{ooga, Tennessee 37402 Dear Mr. Miller: I am enclosing copy of Resolution No. 31374-030893 endorsing the proposal to extend Amtrak service between New York and Atlanta via Roanoke and urging the United States Congress to support expansion of Amtrak rail service to Downtown Roanoke as a part of the proposed New York - Atlanta Route. Resolution No. 31374-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric o MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 12, 1993 File #137-223-450 Mr. James Crumley Acting City Clerk City of Johnson City 601 East Main Street Johnson City, Tennessee 37605 Dear Mr. Crumley: I am enclosing copy of Resolution No. 31374-030893 endorsing the proposal to extend Amtrak service between New York and Atlanta via Roanoke and urging the United States Congress to support expansion of Amtrak rail service to Downtown Roanoke as a part of the proposed New York - Atlanta Route. Resolution No. 31374-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eno. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 12, 1993 File #137-223-450 Ms. Cindy Mitchell City Clerk City of Knoxville City - County Building Knoxville, Tennessee 37902 Dear Ms. Mitchell: I am enclosing copy of Resolution No. 31374-030893 endorsing the proposal to extend Amtrak service between New York and Atlanta via Roanoke and urging the United States Congress to support expansion of Amtrak rail service to Downtown Roanoke as a part of the proposed New York - Atlanta Route. Resolution No. 31374-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, f~_~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Erie. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 12, 1993 File #137-223-450 Mr. Cooke Harris City Clerk City of Kingsport 225 West Center Street Kingsport, Tennessee 37660 Dear Mr. Harris: I am enclosing copy of Resolution No. 31374-030893 endorsing the proposal to extend Amtrak service between New York and Atlanta via Roanoke and urging the Ui~ited States Congress to support expansion of Amtrak rail service to Downtown Roanoke as a part of the proposed New York - Atlanta Route. Resolution No. 31374-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy Cit.,, Clerk March 12, 1993 File #137-223-450 Ms. Janice S. Casteel City Clerk City of Cleveland 190 Church Street, N. E. Cleveland, Tennessee 37364 Dear Ms. Casteel: I am enclosing copy of Resolution No. 31374-030893 endorsing the proposal to extend Amtrak service between New York and Atlanta via Roanoke and urging the United States Congress to support expansion of Amtrak rail service to Downtown Roanoke as a part of the proposed New York - Atlanta Route. Resolution No. 31374-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, ~...~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputv Ci y C ¢ k March 12, 1993 File #137-223-450 Mr. Joseph N. Morgan City Clerk City of Radford 619 Second Street Radford, Virginia 24141 Dear Mr. Morgan: I am enclosing copy of Resolution No. 31374-030893 endorsing the proposal to extend Amtrak service between New York and Atlanta via Roanoke and urging the United States Congress to support expansion of Amtrak rail service to Downtown Roanoke as a part of the proposed New York - Atlanta Route. Resolution No. 31374-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. ¢-"'--,~'~.Sincerely' Mary F. Parker, CMC/AAE City Clerk MFP: sm mnc. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKF OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H, EAKIN Deputy Cit~ Clerk March 12, 1993 File #137-223-450 Ms. Imogene Brumfield Clerk of Council Town of Christiansburg P. O. Box 599 Christiansburg, Virginia 24073 Dear Ms. Brumfield: I am enclosing copy of Resolution No. 31374-030893 endorsing the proposal to extend Amtrak service between New York and ?/tlanta via Roanoke and urging the United States Congress to support expansion of Amtrak rail service to Downtown Roanoke as a part of the proposed New York - Atlanta Route. Resolution No. 31374-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24ol 1 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy CiD Clerk March 12, 1993 File #137-223-450 Ms. Donna Boone-Caldwell Clerk of Council Town of BIacksburg P. O. Box 90003 Blacksburg, Virginia 24062-9003 Dear Ms. Boone-Caldwell: I am enclosing copy of Resolution No. 31374-030893 endorsing the proposal to extend Amtrak service between New York and Atlanta via Roanoke and urging the United States Congress to support expansion of Amtrak rail service to Downtown Roanoke as a part of the proposed New York - Atlanta Route. Resolution No. 31374-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, Mary F. Parker, City Clerk MFP: sm Enc. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2z,011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 12, 1993 File #137-223-450 Ms. Ruth A. Harrell Clerk of Council Town of Pulaski P. O o Box 660 Pulaski, Virginia 24301 Dear Ms. Harrell: I am enclosing copy of Resolution No. 31374-030893 endorsing the proposal to extend Amtrak service between New York and Atlanta via Roanoke and urging the United States Congress to support expansion of Amtrak rail service to Downtown Roanoke as a part of the proposed New York - Atlanta Route. Resolution No. 31374-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc o MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy CiD Clerk March 12, 1993 File #137-223-450 The Honorable Frederick Boucher, Member House of Representatives 405 Cannon House Office Building Washington, D. C. 20515-4609 Dear Congressman Boucher: I am enclosing copy of Resolution No. 31374-030893 endorsing the proposal to extend Amtrak service between New York and Atlanta via Roanoke and urging the United States Congress to support expansion of Amtrak rail service to Downtown Roanoke as a part of the proposed New York - Atlanta Route. Resolution No. 31374-030893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 8, 1993. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP:sm Eno. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of March, 1993. No. 31374-030893. A RESOLUTION urging the United States Congress to support the extension of Amtrak rail service between New York and Atlanta via Roanoke. WHEREAS, the National Railroad Passenger Corporation ("Amtrak") has recently completed an internal study of proposed new rail routes, including a new line from New York to Atlanta by way of Roanoke; WHEREAS, the proposed new route would connect major northeast cities with Atlanta through the western Virginia cities of Charlottesville, Lynchburg and Roanoke, as well as the eastern Tennessee cities of Knoxville and Chattanooga; WHEREAS, such new line would serve as a logical expansion of Amtrak's national network and would link major population centers in western Virginia and eastern Tennessee with New York and Atlanta; WHEREAS, because of declining air and bus service to many of these cities, the new Amtrak route would provide badly needed transportation access and act as a catalyst to development of local economies; WHEREAS, passenger rail service to Downtown Roanoke would provide additional support and increased visibility to such local economic development projects as the Hotel Roanoke and Conference Center, the Historic City Market, the Virginia Museum of Transportation, Center in the Square, the proposed D-Day Memorial and Museum and other attractions and businesses in Downtown Roanoke; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council endorses the proposal to extend Amtrak service between New York and Atlanta via Roanoke and urges the United States Congress to support the expansion of Amtrak service to Downtown Roanoke as a part of the proposed New York-Atlanta Route. 2. The City Clerk is directed to forward an attested copy of this resolution to the Honorable John W. Warner, United States Senator, the Honorable Charles S. Robb, United States Senator, the Honorable Robert W. Goodlatte, Member, House of Representatives, the Honorable Frederick Boucher, Member, House of Representatives, the Honorable J. Brandon Bell, Member, Senate of Virginia, the Honorable A. Victor Thomas, Member, House of Delegates, the Honorable Clifton A. Woodrum, III, Member, House of Delegates, the Honorable C. Richard Cranwell, Member, House of Delegates, the Honorable G. Steven Agee, Member, House of Delegates, the Honorable John G. Milliken, Secretary of Transportation, Commonwealth of Virginia, W. Graham Claytor, Jr., President, National Railroad Passenger Corporation, and to the Clerk's of the respective governing bodies of the cities, towns and counties along the proposed route within the Commonwealth of Virginia and State of Tennessee. ATTEST: City Clerk.