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HomeMy WebLinkAboutCouncil Actions 09-27-93FrlT~ATRICK 31697 REGULAR WEEKLY SESSION ROANOKE CIIT COUNCIL September 27, 1993 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order Roll Call. Council Members Harvey, McCadden and Musser were absent. The Invocation was delivered by the Reverend George Stevenson, Pastor, East Gate Church of the Nazarene. The Pledge of Allegiane~ to the Flag of the United Slates of America was led by Mayor David A. Bowers. BID OPENINGS Bids for management and operation of certain City of Roanoke parking garages and parking lots. Five bids were referred to a committee composed of William White, Sr., Chairperson, Kit B. Kiser and William F. Clark for tabulation, report and recommendation to Council. PUBLIC HEARINGS Ao Public hearing to consider an amendment to Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, such amendment to clarify and make consistent with Federal Insurance Administration and Federal Emergency Management Agency regulations certain sections of the floodplain zoning regulations. Charles A. Price, Jr., Chairperson, City Planning Commission. Adopted Ordinance No. 31697 on first reading. (4-0) CONSENT AGENDA C-1 C-2 (APPROVED 4-0) ALL MATI'ERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE 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. Minutes of the regular meeting of Council held on Monday, July 12, 1993; the special meeting held on Monday, July 12, 1993; and the regular meeting held on Monday, July 26, 1993. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. A communication from Mayor David A. Bowers requesting that the City Manager provide information to citizens relative to the severe impact on the City of Roanoke as a result of unfunded federal and state mandates. RECOMMENDED ACTION: Refer to City Manager for implementation of vital information to be provided to citizens of the City on October 27, 1993. 2 C-3 C-4 A communication from Mayor David A. Bowers requesting an Executive Session to discuss a personnel matter, being the appointment of a specific public officer, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss a personnel matter, being the appointment of a specific public officer, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. A report of the City Manager requesting an Executive Session to discuss a matter with regard to disposition of publicly held property, specifically lease of space in the Municipal Parking Garage, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss a matter with regard to disposition of publicly held property, specifically lease of space in the Municipal Parking Garage, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. REGULAR AGENDA 3. HF. ARING OF CITIZF. NS UPON PUBLIC MATI'ERS: Presentation of the annual report of activities of the Roanoke Civic Center and a summary of financial highlights for the year ended June 30, 1993. Vernon M. Danielsen, Chairperson, Roanoke Civic Center Commission. Received and filed. 3 Presentation on behalf of Virginia Amateur Sports, Inc., in recognition of the City's support of the Commonwealth Games of Virginia. Peter R. Lampman, Executive Director. Received and filed. Co Presentation with regard to activities and responsibilities of Downtown Roanoke, Inc., in promoting and advancing the ongoing downtown development effort. Franklin D. Kimbrough, Executive Director. Received and filed. Presentation on behalf of the Roanoke Symphony Orchestra with regard to "What Music Can Do for Our Community." Dr. Victoria Bond, Music Director and Conductor. Received and filed. 4. PETITIONS AND COMMUNICATIONS: ao A communication from the Roanoke City School Board recommending appropriation of funds to certain school grants, as well as appropriation of $498,500.00 from the 1993-94 Capital Maintenance and Equipment Replacement Fund. Adopted Budget Ordinance No. 31698 on first reading. (4--0) A communication from Kit B. Kiser, City Representative, Roanoke Valley Resource Authority and Roanoke Valley Regional Solid Waste Management Board, recommending approval of an Implementation Agreement to provide for transfer of assets and liabilities from the Roanoke Regional Solid Waste Management Board to the Roanoke Valley Resource Authority. Adopted Resolution No. 31699--092793. (4-0) 5. REPORTS OF OFFICERS: 4 a. CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: A report recommending acceptance of a United States Department of Health and Human Services Runaway and Homeless Youth Program Grant, in the amount of $83,322.00; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 31700 on first reading and Resolution No. 31701-092793. (4-0) A report recommending establishment of a Health Counselor position for the Roanoke City Health Department, and acceptance of a grant from the Bureau of Sexually Transmitted Disease/AIDS, with the Virginia Department of Health; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 31702 on first reading and Resolution No. 31703-092793. (4-0) A report recommending establishment of a restricted eligibility worker position with the Depaxtment of Social Services, to be placed in the Health Department; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 31704 on first reading and Resolution No. 31705-092793. (4-0) A report recommending approval of a leave of absence for educational purposes for an employee of the Department of Social Services. Adopted Resolution No. 31706-092793. (4-0) A report recommending execution of an agreement with Hayes, Seay, Mattern and Mattern, Inc., for sewershed infiltration/ inflow reduction design services; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 31707 on first reading and Resolution No. 31708-092793. (4-0) A report recommending execution of Change Order No. 2 to the City's agreement with Mattern and Craig, Inc., for sewershed infiltration/inflow reduction design services; and appropriation of funds in connection therewith. Adopted Budget Ordinance 31709 on first reading and Resolution No. 31710-092793. (4-4)) A report recommending execution of Change Order No. 1 to the City's agreement with Hayes, Seay, Mattern and Mattern, Inc., for bridge replacement/repair design services, in the amount of $7,800.00; and transfer of funds in connection therewith. Adopted Budget Ordinance No. 31711 on first reading and Resolution No. 31712-092793. (4-0) A report recommending execution of Amendment No. 1 to the City's agreement with Mattern and Craig, Inc., for bridge replacement/repair design services, in the amount of $138,500.00; and transfer of funds in connection therewith. Adopted Budget Ordinance No. 31713 on first reading and Resolution No. 31714--092793. (4-0) b. ACTING DIRECTOR OF FINANCE: 1. A financial report for the month of August, 1993. Received and filed. o A report recommending appropriation of $160,000.00 to the General Fund to be transferred to the City of Roanoke Pension 6 Plan in order to partially fund a cost-of-living increase granted to City retirees, effective July 2, 1993. Adopted Budget Ordinance No. 31715 on first reading. (4-0) REPORTS OF COMMITTEES: A report of the Water Resources Committee recommending execution of a lease agreement for use of a horse stable located at 1615 Cleveland Avenue, S. W., by the Police Department's mounted patrol. Council Member Elizabeth T. Bowles, Chairperson. Adopted Ordinance No. 31716 on first reading. (4--0) 7. UNFINISHED BUSINESS: None. 8. INTRODUCTION AND CONSIDERATION ORDINANCES AND RESOLUTIONS: OF Ordinance No. 31673, on second reading, permanently vacating, discontinuing and closing all of Fairmont Place and two adjacent 10- foot alleys bounded by lots described as Official Tax Nos. 3042141, 3042121 and 3042101 - 3042105, inclusive, 3042129 and 3042108 - 3042110, inclusive. Adopted Ordinance No. 31673-092793. (4-0) bo Ordinance No. 31674, on second reading, rezoning a 3.25 acre tract of land located at the southeast intersection of Hollins Road and Pocahontas Avenue, N. E., described as Official Tax Nos. 3042104 - 3042107, inclusive, and 3042121 - 3042129, inclusive, and an unnumbered circular parcel surrounded by Fairmont Place, from RM-1, Residential Multi-family, Low Density District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioners. Adopted Ordinance No. 31674-092793. (4-0) Ordinance No. 31695, on second reading, authorizing execution of certain documents relating to the exchange of certain property between the City and James L. Trinkle, subject to various terms and conditions. Adopted Ordinance No. 31695-092793. (4-0) 9. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor and Members of City Council. The matter of muting 1-73 through the Roanoke Valley was referred to the City Manager for study and report to Council. Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTHER HFJARINGS OF CITIZF. NS: None. CERTIFICATION OF EXECUTIVE SESSION. (4-0) Adopted Resolution No. 31717-092793 electing and appointing James D. Grisso as Director of Finance for the City of Roanoke, effective September 28, 1993, and ratifying the terms and conditions of employment as Director of Finance offered to Mr. Grisso in a certain letter. (4-0) 8 NOTICE OF INTENT TO COMPLY WITH THE AMERICANS W1TH DISABILYI2F~ ACT. Reasonable efforts will be made to provide adaptations or accommodations, based on individual needs, for qualified individuals with disabilities in any program or service offered by the City Clerk's Office, provided that reasonable advanced notification has been received. MARY F. P~R 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 October 1, 1993 File #166-181-298-302-303-313-516 The Honorable William White, Sr., Chairperson ) William F. Clark ) Committee Kit B. Kiser ) Gentlemen: The following bids for management and operation of City of Roanoke parking garages and parking lots were opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, September 27, 1993: BIDDER TOTAL AMOUNT Republic Parking System Allright Roanoke Parking, Inc. Central Parking System of Virginia Century Parking Valley Metro $ 829,044.00 830,252.00 1,015,996.00 1,047,500.00 1,106,996.00 On motion, duly seconded and adopted, the bids were referred to you for tabulation, report and recommendation to Council. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: Wilburn C. Dibling, Jr., City Attorney MINUTES CONSIDERED AT THIS COUNCIL MEETING MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER, OR AT THE CITY CLERK'S OFFICE MARY F. PARKER City Clerk, 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 October 1, 1993 File #16-79-137-175-228 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of a communication from Mayor David A. Bowers requesting that information be provided to citizens relative to the severe impact on the City of Roanoke as a result of unfunded federal and state mandates, which communication was before the Council of the City of Roanoke at a regular meeting held on Monday, September 27, 1993. On motion, duly seconded and adopted, the matter was referred to you for preparation of information to be provided to citizens of the City on October 27, 1993. Sincerely, ~x../~-.- Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance David A. Bowers Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011-1594 Telephone: (703) 981-2444 September 15, 1993 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: As you may recall, I have been asked by The United States Conference of Mayors to serve with Mayor Daley of Chicago on the National Unfunded Mandates Boycott Day Committee. You will now see f~om the enclosed correspondence that the National League of Cities (NLC) is joining in that effort designating October 27, 1993, as National Unfunded Mandates Day in the United States. By copy of this letter to the Council, I wanted to advise you of this occasion and ask that you concur in my request to the City Manager to or~nize a prog-t~mn for public information on this issue on that date. I respectfully request this item be placed on the Consent Agenda for the next meeting of Council on September 27, 1993, and, thereafter, be referred to the City Manager for implementation of vital information from our budget office, legal staff, and other offices and departments of the City government to provide information to our citizens on October 27, 1993, of the severe impact that unfunded federal and state mandates have on our City. Thank you for your cooperation. Sincerely, )avid A.~'~dwere Mayor DAB: jas pc: Mr. W. Robert Herbert, City Manager Mr. J. Thomas Cochren, Executive Director, The United States Conference of Mayors The Honorable Richard M. Daley, Mayor, City of Chicage, Illinois The Honorable Jerry Abramson, Mayor, Louisville, Kentucky MANDATES GLOSSARY Mandate Type Meaning Example Vertical Horizontal Legislative Administrative or Regula~ry Judicial Constitutional Active Restrictive Traditional Direct Order Condition of Aid* Programmatic Procedural Applies to one prog~un or activity Applies to many or all programs or ac~vities ~ by Congress Imposed by agencies empowered to make rules Imposed by the courts Contained or based on the Constitution ReqUU'es t~be recipient unit to do something P~vents the recipient unit from doin$ something Nc~ in law, but custom (presumed enforceable) Locality i~ subject to penal~ for noncompliance In ~ to ~r, eive a benefit, mus~ comply R~uim genvision of a program, its quantity or quality Set fo~h how a trait implements a ixogram Disch~ge standards for wastewater treatment plant effluents Compliance with provisions of Americans with Disabilities Act (ADA) Most federal mandates fall into this category Clean air, water and landfill regulations. They are often "passed through" from federal to state to local The Garcia decision - compensatory time may not be substituted for hours worked beyond normal Commerce Clause precludes local r~gula- tion of truck sizes and weights Testing for broad range of drinking water contaminants Volume cap on Indusa'/al Development Bends; ~estricfive definition of eligibility for public punpose mumcipal bonds Providing police security for visiting government officials Fines and sanctions for noncompliance with ADA requirements Requi~e lead paint testing and abatement in local bousin$ plans to reCmve federal housing and commumty develop- ment assistance I.,c~ally administered food stamp program requh'ements Corrosion conmat (lead abat,.ment) procedu~s for drinking warn' dis~bu- tion systems * Became co~titimm of aid may be resisted without penalty, they woald not be conalde~d a ma~da~ und~ a penalty-baaed defin/tion. A os MANDATES Adapted from "Mandam$: Keeping Citiz~s Awar~," by Janet M. Kelly; An Issues and Op~ons r~on by the National League of Citiea Of ail the issues that engage local govern- ment officials, none is more contentions than mande~. Mandates go to the heart of what governing is all abont---autonomy and money. Local officials recOgmze the need for the policies that ensure basic and equal protection for all citizens and are willing to help implement those policies. In n~um, they generally ask for two things. The tint sist~mt with local nee~ and conditions, fund the ~quix~ment. Unfunded mandems place additional bu~- deus on al~ady fiscally stmased local gov- ernments. They have also strained the in- tergovemmental relationship, making ionov~ve ponne~hip approaches to ~ v~ding se~icas and paying for them simul- tanennsly mote necessary and more diffi- cult. X!~flat I~ a Mandate? A weakneas of a simple cost-bnsed deft- nition is that it reducea impommt argu- ments about mandatea to money. When the definition is cost-based, dis~uasions will center on whether or not the man- d~t~ has a cost and what that cost will be. This is especially maubleaorne as many mandat~ require locniitic~ to use their existing resources differmtly or mom intensively. Becauan of the pl~lif- eration of mandates, local governments bear very high cumulative costs but very low marginal costs. A cost-based definition might not recognize the bur- dell of the~ mapdat~ at all. An altsmative ~pl~r-,h is a penalty-bered definition. Rather than ask "will it cost money?" a penalty-bnsed definition asks "must I complyT' The latter is much easier to answer decisively than the former. This te~t for the mandate is whether the locality can legally r~sist it. For instance, some would argue that if a law impacts the privam sector as well as lo- cal governments, it cannot be considen.*d a mandate. A penalty-based definition settles that a.,gument in short order. The only dis- advantage is that a definition based on pen- alty tends to reveal the volume of existing ma~r~; some of which a~ not imponant a strong argumant to he made that if you of the few "big" mandates. So What? Is ~ whole issue, as some contend, really all about money? Well, yes and no. Money spent on compliance with federal man- dates is money that cannot he spent on lo- cal priorities. So cost is a central issue, but it is op~xm'umty cost displacement caused by thc mendatc that ~ pt~clns?n of spending the money on programs or ser- vices valued by the local constituency. If local ptioritier we~ equivalent to led~ally datez th~ limit tl~ ways in which locali- ties raiae ~v~nm, pining some po~a..y lucrative and relatively ~ fmc taxes off limit. Thne re~zaue exclmio~ and ex- tensive mm of the much lured ~c~,my ~c consequence of nmndm,~ is that of 1~ of flexibility. When ~ a~ p~cedur- al--zlling the locality not what to do, Mt how to do it--it shenld not com~ as a sur- pine that Cong~s~ or fedwal agencies axe ness of local government Some local governments call this "mandated ineffi- ciency" ~ preclnsion by law or rule f~m taking the most efficient path towatfl the service or l~agr"~n goal. Not sUqmsing, the admmistraUve routines mandated for a city of 500,000 may not be as workable for a city of 500. Even seemingly mnocuons procedural manda~ have their come- quences. One law requires a social service agency to keep a copy of cemm records. A copy is defiued by .~nn,,~ in such a way as microfiche, alm'n~ves far less expenSave than the maintenance of paper copies. F'mally, and most critically, the biggest "so whaf' of mandetes is the loss of re- sponsiveuess in local government toward its citizens. Local governments have consis- tently been shown to he mote responsive dents are fa~ mo~ likely to say that their local government is more reslxmsive t~ their needs and is more open to their input than fedemi government Local officials of- dermnds or a~ ~east to engnge comtimems u~ of local r~'ces towald the essential function of govo'nmem, local government lo~s the trast and the confidence of its people. nmmmt, deny adeqnsm education to chil- ~ dany benefits to eligible residm~ deny due ixoceas and vming fights to citi- z,.m, or olx~ram a justice sysmm that is not av, t~ are a necasas~y means by which to achieve tl-~,~ goals and a~'e both the right and the obligation of Cong~ss. However, tho proliferation of man, l~ has also rnade it cleer thnt local governments are hethg ~l,41~ with an ever exlmlxling load of niles and r~luix~ments whose cost over ume is enormons. MANDATES GLOSSARY Mandate Type Vertical Horizontal Legislative Administrative or Regulatory 1udicial Constitutional Active Restrictive Traditional Direct Order Condition of Aid* Programmatic Procedural Meaning Applies to one program or activity Applies to many or all programs or activities Enacmed by Congress Imposed by agencies empowered to make rules Imposed by the courts Contained or based on the Constitution Requires the recipient unit to do something P~vents the rucipient unit from doing something Not in law, but custom (presumed enforceable) Locality is subject to penalty for noncompliance In order to receive a benefit, must comply Requi~ provision of a program, its quantity or quality Set forth how a unit implements a program Exmple Discharge standards for wastewater treaUnent plant effluents Compliance with provisions of Americans with Disabilities Act (ADA) Most federal mandates fall into this category Clean air, water and landfill regulations. They are often "passed through" from federal to state to local The Gascia decision - compensatory time may not be substituted for hours worked beyond normal Commerce Clause precludes local regula- tion of truck sizes and weights Testing for breed range of drinking water contaminants Volume cap on Indns~al Development Bonds; restrictive definition of eligibility for public purpose municipal bonds Providing police security for visiting government officials Fines and sanctions for noncompliance with ADA requirements Require lead paint testing and abaternetu in local housing plans to receive federal housing and commumty develop- ment assistance Locally edminism'ed food stump program requirements Corrosion control (lead abatement) procedures for drinking water distribu- tion systems NATIONAL UNFUNDED MANDATES DAY October 27, 1993 COUNT ME IN! {~ YES, our community will participate in National Unfunded Mandates Day on October 27, 1993. We will organize events in our community to educate citizens and members of Congress about the tremendous financial and administrative burdens unfunded federal mandates impose on our local government and our taxpayers. [~ YES, please send me a kit with background materials to help us get started immediately in our community. Name. Title Address City State Zip Tel: Signature Note: To receive your local organizer's packet of information on mandates, return this postage-paid reply card today! For more information, call (202) 626-3020. Join the Mandates Militia! Estimate! Agitate! Demonstrate! Educate! September 8, 1993 National 1301 Pennsylvania Avenue N.W. League Washington, D.C, of 20004 Cities (202) 626-3000 Fax: (202) 626-3043 Officers Dear Mayor: I am writing to enlist your support in a comprehensive effort to reduce the burden of unfunded federal mandates on our cities and towns, and our taxpayers. This will require an unprecedented effort. As leaders in our communities, we must increase public understanding and organize actions that will force the federal government to respond to our concerns. Dealing with unfunded mandates has been an NLC priority for a number of years. After many years of discussion and frustration, it is clear that we must join together in a much broader effort to make a difference. For more than a decade, we have witnessed a steady decline in technical assistance and federal grants to help pay for the cost of complying with unfunded mandates. What was once a joint undertaking between levels of government has become an uneven relationship where the federal government not only requires our cities and towns to perform specific tasks, but also tells us exactly how those tasks must be done to avoid civil and criminal liability. This campaign is designed to educate our citizens about the impact of unfunded mandates on local budgets, to organize grass roots support for significant change in how the federal government implements laws that will affect local governments, and to develop a long-term strategy for a new federal-local partnership. In an effort to draw significant attention to this continuing problem, I am asking you to participate in a national unfunded mandates day on October 27. Please mark your calendars and begin to plan an activity or activities that will help educate your constituents and Congressional delegation about unfunded mandates. We will provide you with an information package before the end of the month to help you organize an event and participate with local leaders from throughout the country. The package will include a sample press release, a draft speech, (over) a draft resolution for action by your governing body, background information on unfunded mandates, and a worksheet that you can use to estimate the cost of some of the most burdensome unfunded federal mandates in your community. In addition to the activities on October 27, NLC will be organizing an ongoing program of information, discussions at the local and national level including a series of sessions on mandates at the 1993 Congress of Cities, and reports to increase awareness and produce significant change over the long run. We need your continued involvement in this effort -- on October 27, in December at the Congress of C~ties, and throughout 1994 as this effort builds momentum. NLC will be working with the U.S. Conference of Mayors, National Association of Counties, International City/County Management Association, National Governors' Association, and National Conference of State Legislatures on this grass roots effort. Other national and regional organizations have also expressed interest in joining with us, including the National School Boards Association, the National Association of Towns and Townships, and the American Public Transit Association. I encourage you to draw together a coalition in your community that will add strength to our effort. To begin this public education process, I have enclosed two background papers on mandates and a "COUNT ME IN" card. Please return the card to NLC to indicate your willingness to organize activities in your community on October 27 and to participate in this important effort. I thank you for your continuing commitment working with you on this campaign. Sincerely, Donald M. Fraser President Mayor of Minneapolis and look forward to Enclosures P.S. Please return the "Count Me In" card today! THE UNITED STATES CONFERENCE OF MAYORS 1620 EYE STREET, NORTHWEST WASHING~TON, D.C. 20006 'ITct.F.R-101~(202) 293-7330 FAX(202)293-2352 v, ak. wib~us~tYe,,u,tl,~,a"Neadme'azettat~~h.,~E, dew,~¥1,n'- ~,,. David A. Bowers Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virgins 24011-1594 Telephone: (703) 981-2444 September 27, 1993 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss a personnel matter, being the appointment of a specific public officer, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. Sincerely, Mayor DAB: sm Roanoke, Virginia September 27, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: This is to request that Council convene in Executive Session to discuss disposition of publicly held property, specifically lease of space in the Municipal Parking Garage, in accordance with Section 2.1-344(A)(3) of the Code of Virginia (1950), as amended. WRH:KBK:afm cc: City Attorney Director of Finance Director of Utilities & Operations Acting Chief, Economic Development Respectfully submitted, W. Robert Herbert City Manager September 1, 1993 Ms. Mary Parker City of Roanoke Office of the City Clerk 215 Cbumh Avenue SW Roanoke, Virginia 24011 Dear Ms. Parker: I request that I be placed on the agenda of the Roanoke Cig, Council on September 27, 1993. I would like to present an annual report of the activities of the Roanoke Civic Center and a summary of f'mancial highlights for the year ended lune 30, 1993. I would like to have ten minutes. Tha.mk yeu for your assistance. YeL trotsff yours,, ~ Vernon M. Danielsen Chair Roa~oke Civic Center Comanission ROANOKE CIVIC CENTER ROANOKE CIVIC CENTER OPERATING HIGHLIGHTS UTILIZATION EVENTS PATRONS ROANOKE OUTSIDE ROANOKE UTILIZATION TOTAL TICKET SALES 1992-93 194 541,000 317,000 224,000 77% $3,600,000 1991-92 204 460,000 274,000 186,000 76% $2,980,000 PATRON SPENDING IN ROANOKE TICKETS TOTAL -$27,396,000 894,000 28,290,000 $19,250,000 750,000 $20,000,000 TAX REVENUE RECEIVED BY ROANOKE $1,878,000 $1,350,000 FINANCIAL HIGHLIGHTS 1992-93 1991-92 OPERATING REVENUE OPERATING EXPENSES $1,240,0000 1,780,000 $1,130,000 1,710,000 DEFICIT ($ 540,000) ($ 580,000) CITY SUPPLEMENT TAX REVENUE ($678,616) 1,878,000 ($714,812) $ 1,350,000 NET REVENUE TO CITY $ 1,200,000 $ 636,000 .c · o .c >. 0 L~ 0 VIRGINIA AMATEUR SPORTS, INC, F~LL3~ . c:{- 305 First Street, S.W., Suite 412 ~JT¥ f~ :." '~ ' Roanoke, Virginia 24011 (703) 343-0987 FAX (703) 343-7407 '93 31 P2:12 PRESENTING SPONSORS Mobil NationsBank GOLD MEDAL SPONSORS Domino's Pizza Contel Cellular Holiday Inn Tanglewood Roanoke Times & World News Cox Cable K92 SILVER MEDAL SPONSORS Kroger Blue Cross & Blue Shield Paul B. Williams, Inc. CMT Sporting Goods BRONZE MEDAL SPONSORS Gentry, Locke, Rakes & Moore Roanoke Fruit & Produce Company Maid Bess Corporation Advance Auto Parts Stop In Food Stores Woods. Rogers & Hazldgrove SPONSOR OF August 26, 1993 Ms. Mary Parker City of Roanoke 215 Church Ave. S.W. Room 456 Roanoke, Virginia 24011 Dear Ms. Parker, Virginia A~ateur Sports, Inc., founder and organizer of the Commonwealth Games of Virginia would like to present a placque to the City of Roanoke as a token of our appreciation for the City's outstanding support. Due to a conflict in schedules, I will not be able to attend the September 13th meeting. Therefore, if at all possible, I would like to attend the City Council meeting scheduled for Wednesday, September 20, 1993 at 2:00 p.m. Thank you for your cooperation in this matter! Sincerely, Virginia Amateur Sports, Inc. Executive Director Sanctioned by the United States Congress of State Games and recognized by the United States Olympic Committee ~ Recycled Paper 1993 Commonwealth Games of Virginia Economic Impact Analysis I. Methodology The methodology used for estimating the economic impact of the 1993 Commonwealth Games of Virginia is one that is presented by the American Economic Development Council at their professional seminars. Total visitor expenditures, as well as estimates of reom nights and tax revenues are presented. Several assumptions were made regarding the number of visitors that attended the Commonwealth Games in 1993. Total visitors were counted at a ratio of 1:3 with each athlete bringing an additional three spectators (i.e. coaches, family members, friends). The average length of stay for overnight purposes were determined by reviewing the days devoted to each individual Games event and assigning either a day, days or portion thereof to each event. These were averaged for the entire Games giving a figure of 2.05 days as the average length of stay in the Roanoke Valley. For areas outside of the Roanoke Valley, the respective length of stay is used. The Roanoke Valley Economic Development Partnership indicates that $139.75 is the cost of an overnight's travel in the Roanoke Valley. Day travelers spend less than overnight visitors. The Roanoke Convention and Visitors Bureau indicates that $15.00 is a typical figure for expenditures by a day traveler. II. Economic Impact of the 1993 Commonwealth Games The total estimated expenditures of the Commonwealth Games is $4,496,208 based on estimated expenditures from all Games events through the Commonwealth of Virginia and involving athletes and spectators. III. Regional Multiplier and Turnover There are various types of regional multipliers for value added, employment and payroll/earnings. There is insufficient regional data available to be able to determine the value added or output from the Commonwealth Games. However, a turnover model used from Iowa was applied to indicate the extent or turnover effect of the expenditures of $4,496,208 from the Commonwealth Games. A $1.00 spent turns over five (5) times in the local economy at a decreasing rate such that the full impact is $1.66. For example, total expenditures from the Commonwealth Games times 1.66 equals $7,463,705 in full expenditures in the local economy. 1993 Commonwealth Games of Virginia Economic Impact Statistics Statewide Impact Direct Visitor Expenditures A. Number of athletes that stayed overnight B. Number of spectators that stayed overnight (1:3 ratio) C. Average length of stay D. Estimated average daily expenditures E. Estimated overnight visitors expenditures (A+BxCxD) F. Number of day athletes G. Number of day spectators (1:3 ratio) H. Number of day volunteers I. Estimated average daily expenditures J. Estimated day visitor expenditures (F+G+Hxl) K. Estimated total visitor expenditures (E+J) Regional Multiplier and Turnover L. Turn-over effect to local economy (See report) M. Full local economy economic impact (K x L) Estimated Sales Tax Revenues N. Percentage taxable sales O. Local sales tax rate P. Estimated local sales tax (KxNxO) Total Visitor Related Tax Revenues 3,632 10,896 Various, 1 - 4 days $139.75 $ 4,287,558 3,060 9,180 1,670 $15.00 $ 2O8,65O $1.66 100 % 4.5 % $ 202,330 1993 Commonwealth Games of Virginia Economic Impact Statistics Roanoke Valley Direct Visitor Expenditures A. Number of athletes that stayed overnight B. Number of spectators that stayed overnight (1:3 ratio) C. Average length of stay D. Estimated average daily expenditures E. Estimated overnight visitors expenditures (A+BxCx D) F. Number of day athletes G. Number of day spectators (1:3 ratio) H. Number of day volunteers I. Estimated average daily expenditures J. Estimated day visitor expenditures (F+G+Hxl) K. Estimated total visitor expenditures (E + J) Regional Multiplier and Turnover L. Turn-over effect to local economy (See report) M. Full local economy economic impact (K x L) Estimated Sales Tax Revenues N. Percentage taxable sales O. Local sales tax rate P, Estimated local sales tax (KxNxO) Total Visitor Related Tax Revenues 2,801 8,403 2.05 Days $139.75 $ 3,2O9,8O6 2,438 7,314 1,500 $15.00 $168,780 $1.66 100 % 4.5 % $152,036 1993 Commonwealth Games Participation 57% WEST Roanoke, Bristol 240-243, 246 6% CENTRAL Charlottesville, Lynchburg, Staunton 229, 239, 244-245 Farmville, 12% NORTH Winchester, Culpepper, Northern VA 201, 220-223, 226-228 Harrisonburg, 23% EAST Norfolk, VA Beach, Richmond, Fredericksburg 224-225, 230-238 2% Other WV, OR, MI, NC, SC, MD, FL September 16, 1993 SE? 1'? I!!©:21 OFFICERS AND DIRECTORS JOSEPH B. WRIGHT Carillon Health System President DOUGLAS C WATERS NabonsBank Vice President ROBERT G BENNETT Grand Piano & Furniture CO Inc Vice Presidenf JOHN P GROVE Woods Rogers & Hazlegrove Vice President TED C. MOOMAW, JR World Travel Service Vice President RICHARD C WALTERS Books Strings & Th~ngs Vice President MICHAEL M WALDVOGEL Waldvogel Poe & Cronk Secretary ROBERT C LAWSON, JR Crestar Bank Treasurer H LAWRENCE DAVlDSON DavJdson s BEVERLY T FITZPATRICK, JR Dominion Bani<shares Corporation WILLIAM H. FULTON IBM Corporation J RANDOLPH GARRETT, Ill Chaney Thomas Stephenson & Hill ROBERT W. GLENN, JR Roanoke Gas Company PAUL M. GRISSO Mountain Top Orchards EDWIN C HALL Hall Associates Iqc JAMES W HARKNESS Dominion Bankshares Corporation WILLIAM F HAWKINS Mentus Health Systems REGINALD K HUTCHERSON Mutual of New York JOHN W LAMBERT, JR John Lamt3ert Associates CHARLES I LUNSFORD, [I Cente¢ In The Square ROBERT B MANETTA Community Hospital of Roanoke Valley JAMES B MASSEy, I1~ Coleman & Massey PC KATHRYN B McQUADE Norfolk Southern Corporation BITTLE W. PORTERF~ELD, III Rice Managemenl Company PATRICK N SHAFFNER Sllererlz, Franklin Craw~ord & Shaffnel F VICTORIA TAYLOR The Gill Niche JAMES M TURNER, JR J M Turner & Company ANTHONY C WADE Norfoli< Southern Co[po[ation CHARLES E WARSAW, II Paine Webber BRIAN J WlSHNEFF City of Roanoke FRANKLIN D ~(IMBROUGH, III Executwe Direclor Ms. Mary F. Parker, CMC/AAE City Clerk City of Roanoke 215 Church Avenue, Room 456 Roanoke, Virginia 24011 Dear Mary: As we discussed a few weeks ago, Downtown Roanoke Incorporated would like to once again request placement on the upcoming Council agenda in order to give a short presentation outlining our activities and responsibilities in promoting and advancing the ongoing downtown development effort. Specifically, we had discussed possible inclusion near the beginning of the agenda for this next Council meeting on Monday, September 27, 1993. It is my understanding that this meeting begins at 2:00 p.m. in the City Council Chambers. Our proposed presentation would be very similar to the update we have given in prior years. It is anticipated that it will last approximately 10-12 minutes and may include a short audio-visual presentation. When we last spoke, I got the impression that inclusion in this upcoming meeting would not present a problem. As such, we are looking forward to giving our annual update later this month. Please let me know as soon as possible if fulfillment of this request on the proposed date creates any type of problem. Thank you in advance for your assistance. I look forward to seeing you later this month. · Kimbrough Executive Director pc: W. Robert Herbert, City Manager, City of Roanoke DOWNTOWN ROANOKE, INCORPORATED 310 FIRST STREET, SW · ROANOKE, VIRGINIA 24011 (703) 342 2028 · FAX (703) 344-1452 Roanoke Symphony Orchestra PO. BOX 2433 · ROANOKE, ViRGiNIA 24010 · (703) 343-6221 Music Director and Conductor Victoria Bond '93 SEP17 A10:21 ,re,i,.., September 14, 1993 Heidi F Krlsch President-Elect Briggs W. Andrews VicePresident Mary F. Parker F,a.kC Ma,~n ,. City Clerk ,r ....... City of Roanoke BiHyBVincerltJr Room 456, Municipal Bldg. Secretary 215 Church Avenue, SW M0ki Mofhtl Roanoke, VA 24011 H~o Aka~h~ Dear Ms Parker: ~O~e~M'sR°be'LBaG Ben.e. .... This is to officially request that Dr. Victoria Bond be M~s.~.~o~,~y~r included on the agenda for the City Council meeting MelindaD09§ett scheduled for September 27th, 1993. Dr. Bond will be LacyLEdward~Jr speaking on "What Music Can Do for Our Community". Ken, S Grcenawalt Sincerelv RobertC Lawson Jr ~ Joyce G. Kernodle Robed G Lee Executive Assistant Lynn H Meyer Marjode Murray James G S~ead. Jr (703) 343.6221 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 October 1, 1993 File #144-253 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31699-092793 authorizing execution of an implementation agreement among the Roanoke Vailey Regionai Solid Waste Management Board, the City of Roanoke, the County of Roanoke, the Town of Vinton and the Roanoke Valley Resource Authority providing for implementation of certain agreements among said parties in connection with transfer of operations from the Roanoke Valley Regional Solid Waste Management Board to the Roanoke Valley Resource Authority. Resolution No. 31699-092793 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 27, 1993. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. pc: Gardner W. Smith, Chairperson, Roanoke Valley Resource Authority, 3433 Brambleton Avenue, S. W., Roanoke, Virginia 24018 John H. Hubbard, Chief Executive Officer, Roanoke Valley Resource Authority, 3433 Brambleton Avenue, S. W., Roanoke, Virginia 24018 Carolyn B. Wagner, Secretary, Roanoke Valley Resource Authority, 3433 Brambleton Avenue, S. W., Roanoke, Virginia 24018 John H. Parrott, Chairperson, Roanoke Regional Solid Waste Management Board, 714 Wildwood Road, S. W., Roanoke, Virginia 24014 W. Robert Herbert October 1, 1993 Page 2 pc' Carolyn S. Ross, Clerk of Council, Town of Vinton, P. O. Box 338, Vinton, Virginia 24179 Mary H. Allen, Clerk of the Board, County of Roanoke, P. O. Box 29800, Roanoke, Virginia 24018-0798 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations Jeffrey A. Cromer, Manager, Regional Landfill William F. Clark, Director, Public Works James A. McClung, Manager, Fleet and Solid Waste Management IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 27th day of September, 1993. No. 31699-092793. A RESOLUTION authorizing execution of an implementation agreement among the Roanoke Valley Regional Solid Waste Management Board, the City of Roanoke, the County of Roanoke, the Town of Vinton, and the Roanoke Valley Resource Authority providing for the implementation of certain agreements among the parties in connection with the transfer of operations from the Roanoke Valley Regional Solid Waste Management Board to the Roanoke Valley Resource Authority. BE 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 on behalf of the City to execute and attest, respectively, the implementation agreement among the Roanoke Valley Regional Solid Waste Management Board ("Board"), the City of Roanoke, the County of Roanoke, the Town of Vinton, and the Roanoke Valley Resource Authority ("Authority") providing for the implementation of the Distribution and Indemnification Agreement and the Assignment Agreement, both dated October 23, 1991, in connection with the transfer of operations from the Board to the Authority, such agreement to be in substantially the form attached to the report of Kit B. Kiser to this Council dated September 27, 1993, and approved as to form by the City Attorney. ATTEST: City Clerk. '93 '?~;':'20 ,s,?.,0 7 Roanoke, Virginia September 27, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Implementation Agreement - Assets from Roanoke Regional Solid Waste Management Board (Board) to Roanoke Valley Resource Authority (Authority) Background: Two agreements, Distribution and Indemnification Agreement and Assignment Agreement, both executed October 23, 1991, provided for the orderly transfer of unencumbered funds, employees and equipment and spelled out responsibilities for closure and post closure care between the two landfill agencies with the approval of the member jurisdictions. A date certain is needed for orderly planning between the landfill agencies. Real estate interest(s) are not affected by these agreements. Ownership interest in the real estate of the old landfill still belongs to Roanoke City, Roanoke County and Town of Vinton. Attached letter and form of implementation have been submitted to City Manager W. Robert Herbert from Authority Chairman Gardner W. Smith. Implementation Agreement provides that assets and liabilities will be transferred effective September 30, 1993 with the Authority operating the current landfill for the Board until Smith Gap Landfill is operational. Upon termination of activity at the current landfill, the Authority will act as the Board's agent to provide for closure and establish post closure care with the funds estimated to be needed for that purpose being stipulated as part of this Implementation Agreement. Page 2 II. Current Situation: The attached Implementation Agreement needs to be approved by the Charter Members of the Authority (Roanoke City, Roanoke County, and Town of Vinton) as well as the member jurisdictions of the Board (Roanoke City, Roanoke County, and Town of Vinton), to become effective September 30, 1993. III. Issues: A. Cost to the City B. Timing C. Orderly planning IV. Alternatives: Council approve the attached Implementation Agreement effective October 1, 1993 and authorize its execution by the City Manager or Assistant City Manager. 1. Cost to the City is zero. Timing will be as anticipated by the budget planning process for the Authority and the Board as that FY 1994 budget has previously been approved by Council. 3. Orderly planninq can continue. Council refrain from approving the attached Implementation Agreement. Cost to the City depends on other decisions that would have to be made regarding phased in credits for start-up tipping fees. 2. Timing to meet anticipated Fiscal Year 1994 budget will be lost. 3. Orderly planning will suffer a setback. Page 3 Recommendation: Council approve the attached Implementation Agreement, or a substantially similar version, once the form of the agreement has been approved by the City Attorney, in accordance with Alternative "A". Respectfully submitted, ~~,~ ,~R~present ative Roanoke Valley Resource Authority & Roanoke Valley Regional Solid Waste Management Board KBK:afm Attachments cc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Mr. Gardner W. Smith, Authority Chairman Mr. John H. Parrott, Board Chairman ROANOKE VALLEY RESOURCE AUTHORITY 3433 Brambleton Avenue, SW Roanoke, Virginia 24018 (703) 772-2130 August 24, 1993 Mr. Bob Herbert City Manager City of Roanoke 215 Church Avenue Roanoke, VA 24011 Dear Mr. Herbert: As you may recall, thc Resource Authority has been working toward a transfer of operations from the Regional Landfill to the Resource Authority, prior to the end of the current year. Both Boards, in coordination with their legal advisors, have developed an implementation plan for smooth transition. The Regional Landfill Board and the Roanoke Valley Resource Authority have approved the attached Implementation Agreement to transfer all personnel, equipment, assets and responsibilities of the current landfill board to the Resource Authority. This agreement is in accordance with the Member Use Agreement and must be approved by all charter members. The Implementation Agreement is hereby submitted to each member jurisdiction for consideration and approval. Approval is requested no later than September 30, 1993, as established by the Agreement. Your consideration of this matter will be appreciated. Sincerely, Chairman, Roanoke Valley Resource Authority Implementation Agreement For (i) Distribution and Indemnification Agreement dated October 23, 1991 and (ii) Assignment Agreement dated October 23, 1991 This Implementation Agreement is entered into this _ day of ., 1993, by and between the Roanoke Valley Regional Solid Waste Management Board ("BoardD, the City of Roanoke ("City"), the County of Roanoke CCounty~), the Town of Vinton ("Town~) and the Roanoke Valley Resource Authority as successor to the Roanoke County Resource Authority CRVRA"). Whereas, by Distribution and Indemnification Agreement dated October 23, 1991, ("Distribution Agreement"), the parties agreed that Board personnel would be given the opportunity to become employees of the RVRA and that all equipment, vehicles, and personal property of the Board, excluding financial assets, would be transferred to the RVRA upon certain terms and conditions; and, Whereas, by Assignment Agreement dated October 23, 1991, CAssignment Agreement'), the parties agreed to the transfer by the Board to the RVRA of certain funds upon certain conditions; and, whereas, the parties desire herein to provide for implementation of such Distribution Agreement and Assignment Agreement as of October 1, 1993, including: (i) if necessary, the operation by the RVRA of the existing Board landfill facilities after October 1, 1993; (ii) closure of the existing Board landfill facilities by the RVRA; (iii) post-closure activities for the existing Board landfill to be undertaken by the RVRA; and, (iv) the funding for such activities; and, whereas, in accordance with the Distribution Agreement: (i) the RVRA has been created as successor to the Roanoke County Resource Authority; (ii) the RVRA has determined that Board employees will be needed as of October 1, 1993; and, (iii) the Board has determined that Board employees will be available as of October 1, 1993; and, whereas, in accordance with the Assignment Agreement, the Board, and the City, County, and Town have determined and agreed that: (i) remaining unencumbered Board funds of $ 5,500,000.00 are needed for closure of the existing landfill; (ii) an escrow account of $ 2,000,000.00 has been identified and established as having appropriate financial resources for post-closure responsibilities at the existing Board landfill facihty; and, (iii) remaining unencumbered Board funds of $ 2,000,000.00 are not needed for closure of the existing landfill or expansion and closure of a new area; it being understood and agreed that all estimates are subject to the Board's final financial audit upon cessation of the existing landfill operations and determination of final closure and post-closure estimatJes. Therefore, for good and valuable consideration, including the mutual promises previously agreed to as well as those set forth herein, the parties agree as follows: 1. The Board has determined that Board employees in good standing as of October 1, Implementation Agreement page 2 July 23, 1993 1993, are available to be employed by the RVRA and the RVRA has determined that said employees are needed, and therefore, said employees, with their agreement, shall have the opportunity to become employees of the RVRA as of October 1, 1993, being subject to any rules and regulations as may be adopted by the RVRA, as set forth in the Distribution Agreement. 2. The Board and the City, County, and Town have determined that all of the equipment, vehicles, and personal property listed on Exhibit A attached hereto and incorporated herein are free and clear of all security interests, liens, claims, obligations or encumbrances of any sort and are available to be transferred to the RVRA and are not needed to be retained by the Board and the RVRA has determined and agreed to accept said equipment, vehicles, and personal property; therefore, said equipment, vehicles, and personal property shall be transferred and conveyed to the RVRA as of October 1, 1993. The value of the equipment, vehicles, and personal property transferred hereunder shall be established by mutually acceptable independent appraisal. 3. As of october 1, 1993, in the event the RVRA landfill facilities are not open and in full operation, and it is necessary for the existing Board landfill facilities to remain in operation, the Board and the City, County, and Town hereby authorize the RVRA and the RVRA hereby agrees to operate the existing Board landfill facilities in accordance with Board policies and procedures until such time as the RVRA landfill facilities are open and in full operation. RVRA shall be entitled to retain all revenues collected from the operation of the Board landfill during such period as payment in full for agreeing to undertake such operation. 4. As of October 1, 1993, or such later date that the RVRA landfill facilities are open and in full operation, the Board and the City, County, and Town hereby authorize the RVRA and RVRA agrees to engage in appropriate closure and post-closure activities for the existing Board landfill facilities in accordance with applicable law. 5. The Board and the City, County, and Town have determined that $ 5,500,000.00 constitutes unencumbered financial assets of the Board that are necessary for the closure of the Board's existing landfill and such funds are hereby conveyed and transferred to the RVRA to be used solely for such purpose until: (i) such time as the funds in the account are depleted; or, (ii) the RVRA detem'..ines that the account is no longer needed for its intended puq~ose, in whieb case, any funds remaining in the account shall be available for use by the RVRA for any authorized purpose. It is recognized and agreed that RVRA will retain complete discretion to determine whether City, County, and Town will receive any or no credit towards tipping fees at the RVRA landfill facility for the transfer of the funds identified in this paragraph. 6. The Board and the City, County, and Town have determined that $ 2,000,000.00 constitutes appropriate financial resources for post-closure activities at the existing Board landfill and such funds are hereby conveyed and transferred to the RVRA to be held as a separate account solely for such post-closure activities at the existing Board landfill, or closure of the existing Board landfill if determined to be necessary by the RVRA, until: (i) such time as the Implementation Agreement page 3 July 23, 1993 funds in the account are depleted; or, (ii) the RVRA determines that the account is no longer needed for its intended purpose, in which case, any funds remaining in the account shall be available for use by the RVRA for any authorized purpose. It is recognized and agreed that RVRA will retain complete discretion to determine whether City, County, and Town will receive any or no credit towards tipping fees at the RVRA landfill facility for the transfer of the funds identified in this paragraph. 7. The Board and the City, County, and Town have determined that $ 2,000,000.00 constitutes the remaining unencumbered financial assets of the Board that are not necessary for the closure of the Board's existing landfill or post-closure activities and such funds are hereby conveyed and transferred to the RVRA to be used for any authorized purpose. It is intended that City, County, and Town may receive credit towards the tipping fees at the RVRA facility up to the amount of funds transferred to RVP, A pursuant to this paragraph as well as for the value of the equipment, vehicles, and personal property transferred pursuant to paragraph 2 above, such credit to be allocated in a manner acceptable to City, County, and Town. Board, City, County, and Town agree that: (i) RVRA reserves the fight to adjust the amount and scheduling of such credits as RVRA shall deem necessary; and, (ii) City, County, and Town will receive no credit towards tipping fees at the RVRA landfill facility for that portion of the funds transferred to RVRA pursuant to this paragraph that may later be determined to be necessary for use by RVRA for closure or post-closure activities at the existing Board landfill facility, but only to the extent credit for the transfer of such funds has not already been given. 8. The Board shall remain fully liable and responsible for all claims and obligations against the Board except as otherwise agreed, including, without limitation, Board worker's compensation and personnel related claims invoiced before October 1, 1993, and shall retain appropriate funds to satisfy such claims until completion of the final Board audit. RVRA shall be responsible for all personnel claims arising after October 1, 1993. After completion of the final Board audit, any remaining funds previously identified and retained by the Board for payment of outstanding claims and liabilities will be transferred to the RVRA in accordance with this agreement. 9. RVRA her~y accepts ff~e conveyance and transfer of equipment, vehicles, personal property, and funds as set forth and on the terms and conditions described herein. 10. The parties hereto intend that such actions shall be taken as are deemed necessary to implement the Distribution Agreement and Assignment Agreement. Implementation Agreement page 4 Iuly 23, 1993 WITNESS the following signature~: Ro ~a~qke Valley R/~gional Solid wa~te~ ~Vlanage~e~/.Board Its: Roanoke Valley R,e~urc~ Authority Its:_Chairma_n .. _ City of Roanoke By: Its: TiOe: Attest; Carolyn Wagner Attest: Tit]e: County of Roanoke By: Title: Attest: Town of Vinton Attest: By: Its:, Title: AT A MEETING OF THE ROANOKE VALLEY RESOURCE AUTHORITY HELD AT THE BRAMBLETON CORPORATE CENTER ON THURSDAY AUGUST 19, 1993 RESOLUTION No. RA93-75 A RESOLUTION AUTHORIZING THE IMPLEMENTATION AGREEMENT FOR THE TRANSFER AND ASSIGNMENT OF ASSETS AND OTHER RIGHTS AND OBLIGATIONS FROM THE EXISTING LANDFILL AND MEMBER JURISDICTIONS TO THE AUTHORITY UPON CERTAIN TERMS AND CONDITIONS BE IT RESOLVED by the Roanoke Valley Resource Authority that the Authority Chairman and Secretary are authorized to execute and attest, respectively, on behalf of the Authority, in form approved by General Counsel, the Implementation Agreement for Distribution and Indemnification Agreement, and Assignment Agreement, dated October 23, 1991, providing for the transfer and assignment of certain assets and other rights and obligations by the Roanoke Valley Solid Waste Management Board and the member jurisdictions to the Authority, such agreement to include such terms and conditions as may be deemed to be in the best interests of the Authority, all as more particularly set forth in the report by the Chief Executive Officer to this Board dated August 19, 1993; and, BE IT FURTHER RESOLVED THAT the Authority Chairman shall be authorized to forward the Implementation Agreement to the other signatory parties for approval and execution. A'F~'t~ST: Ms. Hyatt made a motion to approve resolution RA93-75 authorizing the Implementation Agreement for the Transfer and Assignment of assets and other rights and obligations from the existing landfill and member jurisdictions to the Authority upon certain terms and conditions, seconded by Ms. Wimmer, and carded by the following recorded vote: AYES: NAYS: ABSENT: Mr. Benninger, Ms. Hyatt, Mr. Kiser, Ms. Schefsky, Ms. Wimmer, Mr. Smith None Mr. Parrott measures\implemnt.agr P.o. s'9 : 2 bg0 ROANOKE, VIRGINIA 24018-0798 COUNTY ADMINISTRATOR ELMER C. HO~)GE (703) 772.2004 September 15, 1993 BOARD OF' SUPERVISORS (703) 772-2005 Mr. Gardner W. Smith, Chairman Roanoke Valley Resource Authority 3433 Brambleton Avenue, S.W. Roanoke, VA 24018 Dear Gardner: Attached is a copy of Action No. 91493-3 authorizing the approval of the implementation agreement between the Roanoke Valley Resource Authority and the Roanoke Regional Landfill Board. This action was approved by the Board of Supervisors at their meeting on Tuesday, September 14, 1993. If you need further information, please do not hesitate to contact me. Sincerely, bjh Attachment Mary H. Allen, Clerk Roanoke County Board of Supervisors CC: John H. Parrott, Chairman, RVRSWMG Mary F. Parker, Clerk, Roanoke City Council Carolyn S. Ross, Clerk, Town of Vinton Council Diane D. Hyatt, Director, Finance ACTION NO. A-91493-3 ITEM NUMBER _ ~' -.~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: September 14, 1993 AGENDA ITEM: Approval of Implementation Agreement for the Roanoke Valley Resource Authority COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: As part of the creation of the Roanoke Valley Resource Authority, on October 23, 1991, the County of Roanoke, the City of Roanoke and the Town of Vinton signed a Distribution and Indemnification Agreement and an Assignment Agreement to specify the turnover of assets from the existing Roanoke Valley Regional Solid Waste Management Board ("Landfill Board") to the newly created Roanoke Valley Resource Authority ('Authority"). In the 1993-94 budget proc .e.~s of the Landfill Board and the Authorit . ' · . . October 1, 1993 the Author, ty would become res,,,,.,oa-,- ~- -~ y.: .~t was ant,clpated that effectIve ~,-,,~,,.,,,: tot zne solIO wa.~e disposal operations. It now appears that the actual opening of the new landfill will be some time in November 1993. In order to facilitate the planning for the conversion of the Landfill assets and emp{oyees, the attached agreement was developed by the Landfill Board and Authority in order to use October 1, 1993 as the effective day of conversion even though the actual opening of the new facility will be delayed by several weeks. By using this vehicle we can transfer all the existing employees and assets in coordination with the already approved budgets of the Authority and the Landfill Board. This document anticipates transferring a total of $9.5 million to the Resource Authority to be broken down into a closure reserve for the existing landfill ($5.5 million), a post closure care reserve for the existing landfill ($2 million), and a reserve to be used by the City, County, and Town as a credit on tipping fees ($2 million). At the completion of final audit for the Landfill Board, any remaining funds will be transferred to the Authority. The Landfill Board and the Resource Authority have approved the attached implementation agreement. This document also needs to be approved by the City of Roanoke, the County of Roanoke and the Town of Vinton. STAFF RECOMMENDATION: Staff recommends approval of the attached implementation agreement to transfer all personal equipment and asae~ of the Landfill Board to the Resource Authority effective October 1, 1993. Respectfully submitted, Diane D. Hyatt Director of Finance Approved by, Elmer C. Hodge County Administrator ACTION - ---- - VOTE Approved (x) Motion by: Motion bv Har~y C. Denied ( ) Nickens to approve agreement Received ( ) Referred ( ) To ( ) cc: File Diane D. Hyatt, Director, Finance Gardner W. Smith, Chairman, RVP, A John H. Parrott, Chairman, RVRSWMG Mary F. Parker, Clerk, Roanoke City Council Carolyn S. Ross, Clerk, Town of Vinton Council No Yes Abs Eddy ~ _x Johnson ~ _x Kohinke ~ _Mx ~ Minnix _ _.x Nickens ~ ~x 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 October 1, 1993 File #60-236-304-305 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31701-092793 authorizing acceptance of United States Department of Health and Human Services Runaway and Homeless Youth Program Grant No. 03CY0269/05, in the amount of $83,322.00, to be used to augment client services to runaway and homeless youth at the City's Crisis Intervention Center (Sanctuary). Resolution No. 31701-092793 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 27, 1993. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. pc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Glenn D. Radcliffe, Director, Human Development Marion V. Crenshaw, Youth Planner Andrea B. Krochalis, Group Home Manager, Crisis Intervention Center Kenneth S. Cronin, Personnel Manager Charles A. Harlow, Acting Grants Monitoring Administrator Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, The 27th day of September, i993. No. 31701-092793. VIRGINIA, A RESOLUTION authorizing acceptance of the United States Department of Health and Human Services Runaway and Homeless Youth Program Grant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager, W. Robert Herbert, or Assistant City Manager, James D. Ritchie, is authorized to accept the United States Department of Health and Human Services Runaway and Homeless Youth Program Grant, No. 03CY0269/05, in the amount of $83,322.00, to be used for those purposes and subject to the conditions identified in the report of the City Manager dated September 27, 1993. 2. The City Manager, W. Robert Herbert, or Assistant City Manager, James D. Ritchie, is authorized to execute the requisite grant documents in order to accept said grant on behalf of the City. Said documents to be in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the United States Department of Health and Human Services in connection with the City's acceptance of said grant. ATTEST: City Clerk. September~-2~, 1993 Roanoke, Virginia Honorable Mayor and City Council Roanoke, Virginia Members of Council: SUBJECT: UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES RUNAWAY HOMELESS YOUTH GRANT, NUMBER 03CY0269/05 I. BACKGROUND Crisis Intervention Center (Sanctuary) had previously operated with a waiting list for services. This grant has provided for Outreach services impacting one hundred and thirty-five families since January 1990. The waiting list has been virtually reduced from as many as twenty to an average of six or less depending on the rate of crisis calls. Three full-time staff positions provide outpatient and early intervention services for diversion from court involvement or entering into residential and out-of- family placement. II. CURRENT SITUATION Proqram Grant~ Number 03CY0269/05, has been received for a fifth year in the amount of $83,322.00 for the City of Roanoke's Crisis Intervention Center's Outreach Program. Funds are for use September 1, 1993 through August 31, 1994. Total grant pro~ect period is renewed for three years (September 1, 1992 through August 31, 1995) City in-kind contribution of $8,332.20 will be for the management time (present Sanctuary staff), clinical supervision and office space (support services only, no direct dollars from the City). D. Proqram Grant will continue to be utilized as follows: Three staff positions~ an Outreach Counselor I, Group Home Counselor II, and a Social Worker Case Aide. Funds are provided in the grant to upgrade the Social Worker Aide to a Counselor I, the Counselor I to a Counselor II, and the Counselor II to a Counselor III due to increase in these positions' responsibilities. III. ISSUES Staff will continue to provide outreach services, including individual and family counseling, group counseling, structured recreational educational activities, and referral to existing services at Sanctuary and elsewhere in the community. Accomplishments in 1992-1993 include: Weekly parent education/support groups Weekly youth education/support groups Regular participation in school - student support teams Special art therapy projects including the Norwich Community Mural on Roanoke Avenue, Downtown Learning Center Children's Mural, and the current mural project. Provided services to one hundred and thirty families. Provided supervision of one Project FOCUS case management/parent aide team. A. Cost. B. Need for service. IV. ALTERNATIVES Authorize the City Manager to execute required documents to accept the United States Department of Health and Human Services' Runaway and Homeless Youth Program Grant, Number 03CY0269/05 and appropriate $83,322.00 Grant Fund. Cost. There would be no cost to the City except for in-kind contribution. Need for Services. The continued acceptance of this grant would permit improvements in the delivery of services, as well as continuing to offer services to the number of families which Sanctuary is currently unable to serve. Do not authorize the City Manager to accept the United States Department of Health and Human Services' Runaway and Homeless Youth Program Grant, Number 03CY0269/05. 1. Cost. The City would incur a loss of revenue. Need for Services. Should the grant not be accepted, there would be loss of positive enhancement and continued stress on the services delivery systems and Sanctuary's personnel. In addition, services would not be available to families and out-of-family placements would increase. local RECOMMENDATION Authorize the City Manager to execute grant agreement and ancillary documents required to accept the United States Department of Health and Human Services' Runaway and Homeless Youth Program Grant, Number 03CY0269/05. Bo Appropriate $83,322.00 of Federal grant funds to revenue and expenditure accounts to be established in the Grant Fund by the Director of Finance. WRH/GDR/ABK:gr Respectfully submitted, W. Robert Herbert City Manager cc: James Grisso, Director of Finance Wilburn C. Dibling, Jr., City Attorney Glenn D. Radcliffe, Director of Human Development Kenneth S. Cronin, Personnel Management Andrea Krochalis, Group Home Manager, Crisis Intervention Center, (Sanctuary) MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 213 Church Avenue, S.W., Room 436 Roanoke, Virginia 24011 Telephone: (703) 981-2341 SANDRA H. EAKIN Deputy City Clerk October 1, 1993 File #60'22-72-184-236.357 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31703-092793 authorizing acceptance of a grant from the Bureau of Sexually Transmitted Disease/AIDS with the Virginia Department of Health, in the amount of $32,000.00, and approving establishment of a Health Counselor position, Upon certain terms and conditions. Resolution No. 31703-092793 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 27, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Glenn D. Radcliffe, Director, Human Development Corinne B. Gott, Manager, Social Services Kenneth S. Cronin, Personnel Manager Donald R. Stern, M. D., Director, Health Department Charles A. Harlow, Acting Grants Monitoring Administrator Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1993. No. 31703-092793. A RESOLUTION authorizing the acceptance of a grant from the Bureau of Sexually Transmitted Disease/AIDS with the Virginia Department of Health, and approving the establishment of a Health Counselor position, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager, or his designee, is authorized to accept a grant from the Bureau of Sexually Transmitted Disease/AIDS with the Virginia Department of Health, in the amount of $32,000.00, to be used for the establishment of a Health Counselor position, which is hereby approved, upon the terms and conditions described in the report of the City Manager to this Council dated September 27, 1993; and authorizing the City Manager, or his designee, and the City Clerk to execute and attest, respectively, the requisite grant documents, in form approved by the City Attorney. ATTEST: City Clerk. September 27, 1993 Honorable Mayor and City Council Roanoke, Virginia SUBJECT: ESTABLISHMENT OF A HEALTH COUNSELOR POSITION Mayor and Members of Council: I. Background The demand for HIV/Aids related services is growing in Roanoke City. In 1989~ 36 patients with HIV/Aids were known to the Health Department. As of June 1, 1993, 434 patients have sought services through the HIV/Aids Program. Of those, 136 have died, 298 are alive. The number of clients tested for HIV is growing rapidly. The Roanoke City Health Department is one of twenty-two designated anonymous test sites in Virginia. The clinic is open every Monday from 3 p.m. to 6 p.m. HIV testing is offered at no charge. 1990 578 were tested, 1991 - 820 were tested, and 1992 - 1,399 were tested. The Aids Council of Western Virginia has provided case management services in the past to several patients within Roanoke City. However their updated service plan states client services will be phased out. The burden of client services will rest in the HIV/Aids Program at the Roanoke City Health Department. II. Current Situation The Roanoke City Health Department has been awarded a grant for $32,000 from the Bureau of Sexually Transmitted Disease/Aids with the Virginia Department of Health to address case management service needs. The Roanoke City Health Department has a limit on the number of full-time classified state positions to establish this position. III. Issues A. Services to citizens. B. Benefits to the Health Department. C. Supervision. D. Funding IV. Alternatives Approve the new grant position to be placed in the Roanoke City Health Department. Services to citizens - case management services would be provided to help coordinate the compl=x medical and social needs of these citizens. Benefit to the Health Department - the additional position allows more community education, outreach, partner notification, and medical case management. Supervision - the Health Department will supervise this position. Funding - The Health Department will reimburse the City 100 percent of salary and benefits. Position will be terminated when funding is depleted. Do not approve restricted Health Counselor position. 1. Services to citizens - some citizens would not receive case management services. Benefits to the Health Department - Over-worked staff and low morale is the results of growing demand without adequate staff support. Supervision - not an issue. Funding - potential loss of grant funds to Roanoke City Health Department. Recommendation City Council authorize the City Manager to accept the grant from the Bureau of STD/Aids with the Virginia Department of Health. Appropriate $32~000 to the following accounts to be established in the grant fund, with a corresponding revenue estimate. 2. 3. 4. 5. 6. Salaries ICMA Deferred Compensation FICA Hospitalization Ins. Life Insurance Other (travel) $24,000 00 2,160 00 1,836 00 2,316 00 210 00 1~478 00 $32,000 00 Respectfully submitted, W. Robert Herbert City Manager CBG/GDR:gr cc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance Glenn D. Radcliffe, Director of Human development Donald R. Stern, M.D., Director of Public Health Diane S. Akers, Budget Administrator Ken Cronin, Manager, Department of Personnel 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 October 1, 1993 File #60-22-72-184-236 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31705-092793 authorizing establishment of a new grant eligibility position in the Department of Social Services, upon certain terms and conditions described in a report of the City Manager under date of September 27, 1993. Resolution No. 31705-092793 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 27, 1993. Sincerely,/....,...~.~j~. ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno o pc: Wilburn C. Dibling, Jr., City Attorney Glenn D. Radcliffe, Director, Human Development Corinne B. Gott, Manager, Social Services Kenneth S. Cronin, Personnel Manager Donald R. Stern, M. D., Director, Health Department Charles A. Hariow, Acting Grants Monitoring Administrator Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, The 27th day of September, 1993. No. 31705-092793. VIRGINIA, A RESOLUTION authorizing the establishment of a new grant eligibility position in the Department of Social Services, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is authorized to establish a new grant eligibility position in the Department of Social Services, upon the terms and conditions described in the report of the City Manager to this Council dated September 27, 1993; and authorizing the City Manager, or his designee, and the City Clerk to execute and attest, respectively, the requisite contract for said grant position, in form approved by the City Attorney. ATTEST: City Clerk. September 27, 1993 Honorable Mayor City Council Roanoke, Virginia SUBJECT: ESTABLISHMENT OF A RESTRICTED ELIGIBILITY WORKER POSITION Members of Council: I. Background II. The Virginia Department of Medical Assistance Services (Medicaid) Program now provides that eligibility workers may be outposted where recipients receive services to assure that all citizens have an opportunity to apply for Medicaid. Bo Virginia State Department of Medical Assistance Services and State Department of Social Services have designed a program to outpost eligibility workers. The State Departments of Health and Social Services have encouraged local Departments of Health & Social Services to enter into an agreement. The Agreement specifies that the local Social Services will place staff at the local Health Department to work exclusively with Health Department clients who may be eligible for Medicaid. Virginia State Code requires that Medicaid eligibility be determined by Department of Social Services, in keeping with Federal Social Security Act. Current Situation A. The Roanoke City Health Department has requested that the Roanoke City Department of Social Services (DSS) place an eligibility worker at the Health Department to take applications and determine eligibility for Medicaid. B. The Health Department has no outposted Medicaid Eligibility workers at this time. III. Issues A. Services to citizens. B. Benefit to Health Department. C. Benefit to the Department of Social Services. D. Technical supervision and training. E. Funding. IV. Alternatives Approve new grant eligibility position with DSS to be placed in the Health Department. DSS must establish a new position that will be available for the length of the contract with the Health Department. The contract would be for 12 months renewable each year upon agreement of both parties. Position would be classified as grant with full benefits. Services to citizens - citizens requesting health care services at the Health Department will be able to apply for Medicaid at the same time as applying for Health Department services, thereby, making application more accessible to citizens. This makes the process customer oriented, convenient, with improved efficiently by providing "one stop shopping" for eligibility and delivery of service. Benefit to Health Department. - provides that the Health Department can maximize Medicaid revenue because those patients who have not been getting eligibility tested will have that done now at the time of service. Benefit to the Department of Social Services Reduces DSS in-house workload. Provides another eligibility worker at no cost to DSS. 4. Supervision and Training Training, technical supervision, and quality control monitoring of the outposted eligibility worker's decisions would be provided by the DSS. City could be adversely impacted through ineligible payment for Medicaid if worker is not properly trained and monitored closely which is the case for new eligibility workers. b. Day to day suDervision will be provided by the Health Department. 5. Fundinq The outpost eliqibility worker's salary and benefits will be reimbursed by the Health Department with no cost to the City. The Health Department has access to a 50% federal match by participating with the Medicaid Program in outposting an eligibility worker. B. Do not approve restricted Medicaid worker position. Services to citizens - Citizens coming to the Health Department for clinical care will have to continue to work with a separate city department in order to obtain Medicaid eligibility. Some citizens may not apply for Medicaid benefits. 2. Benefit to the Health Department a. Source of revenue enhancement will be lost. Continue a process of patient inconvenience and barrier to services. Benefit to Department of Social Services is the potential loss to expand staffing at no cost for staff salary and benefits and reduce caseload volume on the current staff. 4. Supervision and traininq - not an issue. Fundinq - loss of a 50% of federal match of salary of one eligibility worker. Recommendation City Council authorize the City Manager to execute agreement and ancillary documents required to establish new eligibility position with DSS to be placed in the Health Department. City Council appropriate $18f609.00 to revenue and expenditure accounts to be established by the Director of Finance. 1. Salary $14,000.00 2. ICMA 1,750.00 3. FICA 1,071.00 4. Health Ins. 1,665.00 5. Life Ins. 123.00 $18,609.00 Respectfully submitted, W. Robert Herbert City Manager CBG/GDR:gr cc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance Glenn D. Radcliffe, Director of Human Development Donald R. Stern, M.D., Director of Public Health Corinne B. Gott, Superintendent of Social Services Barry Key, Manager, Management and Budget 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 October 1, 1993 File #72-184 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31706-092793 approving the granting ora leave of absence for educational purposes to Michael D. Elmore, Social Worker, in the Department of Social Services, for the period of January 18, 1994 through May 24, 1994, for the purpose of meeting requirements for a Master's Degree in Social Work from Virginia Commonwealth University. Resolution No. 31706-092793 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 27, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric o pc; Michael D. Elmore, 622 Chamberlain Lane, Salem, Virginia 24153 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Glenn D. Radcliffe, Director, Human Development Corinne B. Gott, Manager, Social Services Kenneth S. Cronin, Personnel Manager Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1993. No. 31706-092793. A RESOLUTION approving the granting of a leave of absence for educational purposes to Michael D. Elmore, an employee of the Department of Social Services. BE IT RESOLVED by the Council of the City of Roanoke that this Council APPROVES the granting of a leave of absence to Michael D. Elmore, Social Worker, in the Department of Social Services, for the period of January 18, 1994 through May 24, 1994, for the purpose of completing the requirements for a Master's Degree in Social Work from Virginia Commonwealth University, such approval, however, being made expressly subject to said employee's written agreement to abide by each and every term and provision of S2-45, Code of the City of Roanoke (1979), as amended, and such rules and regulations as may be promulgated by the City Manager; such written agreement to be approved as to form by the City Attorney. ATTEST: City Clerk. 27, 1993 ~ne Honorable Mayor and Memg0ers of City Council ~Danoke, Virginia Mayor and M~mbers of Council: C~de of City of Roanoke (1979) as amended, cha.r~cer 2, Section 2-45, states in part: Leave of Absence, not to exc~ twelve consecutive m~lths for educational purposes, can be granted a City e~ployee upon approval by the City Manager and Council if course of study will be of continuous benefit to the city in the employee's performance of his assigned duties. En~lovee ~ranted such leave shall be oal~uensated in an al~o~nt r~t exceeditlg fifty percent (50%) of the rate of the c~ensation received by the ~loyee at the c~m~ncement of the leave. ~lovee shall agree to r~maln in the en~loyment of the city for a period of three (3) consecutive years foll~ing termination of the leave or if employment is terminated, employee will reimburse the City for all c~ensation paid to him during the leave. Only one em~loyea of the City shall be granted or be on educational leave at any one time, and his duties and responsibilities must be adequately performed by another person employed by the city. II. CURR~qT SITUATION Department of Social Service~ of the City has an e~ployee who is c~,~leting the first year of graduate work and is requesting a leave of absence for education purposes: Michael D. Elmore, Social Worker, ~,~loyed with the City since October 30, 1991, has c~a~leted his first year class requirements for a Master's Degree in Social Work by attending Virginia Commonwealth Univ~rsity,s part-time p~_r~am in Radford. Page Two Michael D. Elmore is re~uestinq leav~ beginning January 18, 1994, thro~ May 24, 1994, to c~L~lete the requlr~ents and obtain a Master's Degree. State Department of Social Servic~ also has a Leave of Absence for ~ducational Purposes which will enable the City to claim reimbursement for 80% of one-half of salary paid to Mr. Elmore. III. ISSUES A. Benefit to City. B. Coveraqe of Duties and R.~bilitJ~. C. Compliance with City Codm. AD~rove T~ve of Abeence for w~rational I~. for an employee of the Department of Social Services. Benefit to City - Upgrade Department's educational standards; and e~ployee will be better educated to fill any administrative positions which may bec~e vacant. CoveraGe of D~tiee and R~- .~r~nsibiliti~ - Caseload will be covered by another Master of Social Work student placed in Social Services by VC~3, School of Social Work. C~,~liance with City Codm - Request c~mpliee with Chapter 2, Section 2-45 of the Code of the City of Roanoke. Budqet -One-half salary for Mr. Elmore for 9 pay periods will am~nt to $3,996.54. State Department of Social Servic~will reimburse 80%, leaving thetotal local cost $799.31. Do not approve Leave of Absence for w~mmtional Purpo~cc. for an ~uloyee of the Department of Social Services. Benefit to City - There will be no benefit to the City; as the Depa~h~nt,s educational standards will not be upgraded and there will be fewer e~ployees with Master,s Degree to consider for filling any administrative positions which my become v~cant. 2. Coveraqe of Duties and ~..~po~_nsibilitJ~ - Not applicable. Page Three C~liance with City Cod~ - Chapter 2, Section 2-45, Leave of Absence for Educational Purposes, would not be met. 4. B~et - No change. ae A~rove L~ave of Absence for ~,m~tional .Pur~ f~r M~hael D. Eln~re, Social Worker, of the De~n~t of Social Serv~n, (Alternative A. ), and authorize the City Manager to execute an agreement between the City and the e~ployee establishing the terms and conditions applicable to such leave of absence, such agreement to be apuroved as to form by the City Attorney. W. P~-rt Herbert City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, A~ing Direc~cor of Finar~_~ Glenn D. Radcliffe, Director of Ht~an Development Corinne B. Gott, Superintendent of Social Services Kenneth S. Cronin, Manager, Office of Personnel 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. EAK1N Deputy City Clerk October 1, 1993 File #60-27-405 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31708-092793 authorizing execution of a contract with Hayes, Seay, Mattern and Mattern, Inc., to provide certain engineering services, specifically various phases of design and construction contract administration for portions of the Sewershed Corrective Action Project, in the amount of $141,700.00. Resolution No. 31708-092793 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 27, 1993. Sincerely, ~) Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: David C. Hammond, Vice-President, Hayes, Seay, Mattern and Mattern, Inc., P. O. Box 13446, Roanoke, Virginia 24034 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Earl Sturgill, Project Manager Sarah E. Fitton, Construction Cost Technician Kit B. Kiser, Director, Utilities and Operations Jesse H. Perdue, Jr., Manager, Utility Line Services Steven L. Walker, Manager, Water Pollution Control Plant Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, The 27th day of September, 1993. No. 31708-092793. VIRGINIA, A RESOLUTION authorizing the execution of a contract with Hayes, Seay, Mattern & Mattern, Inc., to provide certain engineering services, specifically various phases of the design and construction contract administration for portions of the Sewershed Corrective Action project. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager, or the Assistant City Manager, and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a contract with Hayes, Seay, Mattern & Mattern, Inc., 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 September 27, 1993, report of the City Manager to this Council. 2. The contract amount authorized by this resolution shall not exceed $141,700.00 without further Council consideration. 3. The form of the contract with such firm shall be approved by the City Attorney. ATTEST: City Clerk. Roanoke, Virginia Septemb .e~_~27, 1993 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: AGREEMENT WITH HAYES, SEAY, MATTERN & MATTERN, FOR INFILTRATION/INFLOW (I/I) REDUCTION DESIGN INC. I. Background: Consultant Enqineerinq Services approved at City Council's regular meeting of March 8, 1993 included various design services identified through the infiltration/inflow (I/I) reduction studies. Hayes, Seay, Mattern & Mattern, Inc. was selected for some projects in the competitive negotiation process in which Mattern & Craig, Inc. was selected for other projects. At that time, specific projects for HSMM had not been completely identified and prioritized. B. Projects now identified are as follows: Shaffers Crossinq Sewershed, Project SC-9, consists of replacement and/or repair of 950 feet of 8" sewer line along Glenrose Avenue from Golfside to Forest Park Boulevard. Garden City Sewershed, Project GC-1, consists of replacement and/or repair of 3,650 feet of 8" sewer line extending from Yellow Mountain Road through undeveloped land to Tipton Avenue. Murray Run Sewershed, Project MR-2, consists of replacement and/or repair of 2,860 feet of 18" sewer line extending eastward from Sheffield Avenue to Grace Avenue and just south of Brandon Avenue. II. Current Situation: Results of sewershed studies indicate that these three (3) projects require implementation, therefore, the agreement has been negotiated. Honorable Mayor and Members of City Council AGREEMENT WITH HAYES, SEAY, MATTERN & MATTERN, FOR INFILTRATION/INFLOW (I/I) REDUCTION DESIGN Page 2 September 27, 1993 INC. Shaffers Crossing Sewershed - Proceed with Phase I (preliminary design), II (final design), and III (construction administration) for Project SC-9. Garden City Sewershed - Proceed with Phase I, II, and III for Project GC-1. Murray Run Sewershed - Proceed with Phase I, II, and III for Project MR-2. Work is scheduled so as to stay within funding limitations of $1,000,000 per year from 1993 through 1995 approved by City Council at its regular meeting of Monday, November 23, 1992. Consultant fee amount, following negotiations, is $134,965.00. Fee is based on direct personnel expenses times an overhead and profit multiplier of 2.0 plus reimbursable expenses. Documented flow data, accumulated as of July 1, 1993, indicate monthly infiltration/inflow (I/I) reduction to the City sewer system of 11.7 million gallons per month. III. Issues in Order of Importance: Engineering concerns in maintaining the most cost- effective (I/I) reduction program in accordance with the three (3) year funding approved by City Council. B. Reasonableness of engineering fee. C. Available funding. IV. Alternatives: City Council authorize the City Manager to execute an engineering services agreement in a form suitable to the City Attorney. Honorable Mayor and Members of City Council AGREEMENT WITH HAYES, SEAY, MATTERN & MATTERN, FOR INFILTRATION/INFLOW (I/I) REDUCTION DESIGN Page 3 September 27, 1993 INC. Engineering concerns will be met in maintaining the most cost-effective I/I reduction program and remaining within the three (3) year funding limitations approved by City Council. Reasonableness of engineering established through negotiations work. fee has been in the scope of 3. Funding is avallabl~ in the current Sewer Fund Retained Earnings account. Do not authorize the City Manager to execute the engineering services agreement. 1. Engineering concerns will not be met. 2. Reasonableness of engineering fee will not be an issue. 3. Funding will not be an issue at this time. Recommendations: A. City Council authorize the implementation of Alterna- tive "A". ~ity Council appropriate the sum of $141~700 from the current Sewer Fund Retained Earnings account to a new account established by the Director of Finance and entitled "Sewershed I/I Reduction - II" with $134~965 for engineering services and $6~735 for contingency (advertisement, etc). WRH/ES/kp Respectfully submitted, W. Robert Herbert City Manager Honorable Mayor and Members of City Council AGREEMENT WITH HAYES, SEAY, MATTERN & MATTERN, FOR INFILTRATION/INFLOW (I/I) REDUCTION DESIGN Page 4 September 27, 1993 INC. cc: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Manager, Manager and Budget 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. EAK1N Deputy City Clerk October 1, 1993 File #60-27-405 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31710-092793 approving issuance of Change Order No. 2 to the City's engineering contract with Mattern and Craig, Inc., for engineering services to provide design and contract administration for the Sewershed Corrective Action Project , inthe totalamount of $207,500.00. Resolution No. 31710-092793 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 27, 1993. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. pc: Steven A. Campbell, Engineer, Mattern and Craig, Inc., Consulting Engineers and Surveyors, 701 First Street, S. W., Roanoke, Virginia 24016 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Earl Sturgill, Project Manager Sarah E. Fitton, Construction Cost Technician Kit B. Kiser, Director, Utilities and Operations Jesse H. Perdue, Jr., Manager, Utility Line Services Steven L. Walker, Manager, Water Pollution Control Plant Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, The 27th day of September, 1993. No. 31710-092793. VIRGINIA, A RESOLUTION approving the City Manager's issuance of Change Order No. 2 to the City's engineering contract with Mattern & Craig, Inc., for engineering services to provide design and contract administration for the Sewershed Corrective Action Project. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 2 to the City's contract with Mattern & Craig, Inc., for engineering services to provide design and contract administration for the Sewershed Corrective Action Project, in the total amount of $207,500.00, as more fully set forth in the City Manager's report to this Council dated September 27, 1993. ATTEST: City Clerk. Roanoke, Virginia September 27, 1993 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: CHANGE ORDER NO. 2 TO AGREEMENT WITH MATTERN & CRAIG, INC. FOR INFILTRATION/INFLOW (I/I) REDUCTION DESIGN I. Backqround: Consultant Contract awarded at City Council's regular meeting of March 8, 1993 included various design services identified through the sewershed infiltration/ inflow (I/I) reduction studies. The contract anticipated subsequent phases to be based on prelimnary design studies. B. Current contract status is as follows: 1. Peters Creek Sewershed, Project PC-l, is in the construction administration stage (Phase III). 2. Peters Creek Sewershed, Project PC-2, is in the easement acquisition stage (Phase II). 3. Peters Creek Sewershed, Projects PC-3 and PC-4, are now in the preliminary design stage (Phase I). 4. Mudltck Sewershed, Projects ML-1 and ML-2, are in the preliminary design stage (Phase I). II. Current Situation: Results of the sewershed studies indicate that additional projects require implementation, therefore, the agreement must be altered to meet the additional requirements. B. Chanqe Order No. 2 is described as follows: Peters Creek Sewershed Prepare plats for easement vacations for PC-1. Existing easements will no longer be needed upon completion of new sewer mains. Honorable Mayor and Members of City Council CHANGE ORDER NO. 2 TO AGREEMENT WITH MATTERN & CRAIG, FOR INFILTRATION/INFLOW (I/I) REDUCTION DESIGN Page 2 September 27, 1993 INC. Peters Creek Sewershed - Proceed with easement acquisition & final plans for construction of projects 2, 3, & 4. Lickrun Sewershed - Proceed with preliminary design, easement acquisition and final plans for construction on projects 2, 3, & 5. Mudlick Sewershed - Work is placed on hold as these projects have less reduction of inflow/ infiltration than projects identical on Peters Creek & Lickrun. Work is scheduled to stay within funding limitations of $1,000,000 per year from 1993 to 1995 approved by City Council at its regular meeting of November 23, 1992. Chanqe Order No. 2, consultant fee amounts, are as follows: Original Fee Amount *Amount of Change Order No. 1 Amount of Change Order No. 2 Credit for work not done on ML-1 and ML-2 Current Fee Amount $140,800.00 2,300.00 207,500.00 -9,762.98 $340,837.02 NOTE: * Change Order #1 consisted of five (5) easement plats and field staking for realigned sewer. Change Order No. 2 fee is based on employee's time at a multiplier of 2.33 plus reimbursable expenses. Documented flow data accumulated as of July 1, 1993 indicates monthly infiltration/inflow (I/I) estimated reductions to the City sewer system will be approximately 82.7 million gallons per month upon completion of these recommended improvements. Honorable Mayor and Members of City Council CHANGE ORDER NO. 2 TO AGREEMENT WITH MATTERN & CRAIG, FOR INFILTRATION/INFLOW (I/I) REDUCTION DESIGN Page 3 September 27, 1993 INC. III. Issues in Order of Importance: ao Engineering concerns in maintaining the most cost- effective I/I reduction program in accordance with the three (3) year funding approved by City Council, subject to properly identified funding amounts as projects proceed. B. Reasonableness of engineering fee. C. Available funding. IV. Alternatives: City Council authorize the City Manager to execute Change Order No. 2 in a form suitable to the City Attorney. Engineering concerns will be met in maintaining the most cost-effective I/I reduction program and remaining within the three (3) year funding limitations already approved by City Council. 2. Reasonableness of engineering fee has been estab- lished through negotiations of the scope of work. 3. Funding is available in the current Sewer Fund Retained Earnings account. B. Do not authorize the City Manager to execute Change Order No. 2. 1. Engineering concerns will not be met. 2. Reasonableness of engineering fee will not be an issue. 3. Funding will not be an issue at this time. Honorable Mayor and Members of City Council CHANGE ORDER NO. 2 TO AGREEMENT WITH MATTERN & CRAIG, FOR INFILTRATION/INFLOW (I/I) REDUCTION DESIGN Page 4 September 27, 1993 INC. Recommendations: A. City Council authorize the implementation of Alternative "A". City Council appropriate the sum of $197,737.02 from the current Sewer Fund Retained Earnings account to the existing Account No. 003-056-8459-9055 titled "Sewershed I/I Reduction Design", giving a total amount of $358~000.00, with $340,837.02 for amended fee and $17,162.98 for contingency. Respectfully submitted, W. Robert Herbert City Manager WRH/ES/fm cc: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Manager, Management and Budget 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 October 1, 1993 File #60-102-405 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31712-092793 authorizing execution of Amendment No. 1 to the City's contract with Hayes, Seay, Mattern and Mattern, Inc., for additional engineering services in connection with repairs to the First Street Bridge, in an amount not to exceed $7,800.00, said total contract amount not to exceed $220,759.00. Resolution No. 31712-092793 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 27, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Steven J. Chapin, Structural Engineer, Hayes, Seay, Mattern and Mattern, Inc., P. O. Box 13446, Roanoke, Virginia 24034 Wilburn C. DibHng, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Earl Sturgili, Project Manager Sarah E. Fitton, Construction Cost Technician Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1993. No. 31712-092793. A RESOLUTION authorizing the execution of Amendment No. 1 to the City's contract with Hayes, Seay, Mattern and Mattern, Inc., for additional engineering services to be performed in connection with the replacement or repair of certain bridge structures. BE follows: 1. IT RESOLVED by the Council of the City of Roanoke as The City Manager or the Assistant City Manager is authorized and empowered to execute, for and on behalf of the City, upon form approved by the City Attorney, Amendment No. 1 to the City's contract with Hayes, Seay, Mattern and Mattern, Inc., dated August 17, 1992, in order to provide additional engineering services in connection with the repairs of the First Street Bridge. 2. Such Amendment shall provide for the services set forth in the City Manager's report to Council dated September 27, 1993, and the cost of those additional services shall not exceed $7,800.00, with the total contract amount not to exceed $220,759.00. ATTEST: City Clerk. Roanoke, Virginia Sgptember. 27, 1993 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: AMENDMENT NO. i TO AGREEMENT WITH HAYES, SEAY, MATTERN & MATTERN, INC. FOR BRIDGE REPLACEMENT/REPAIR DESIGN I. Backqround: City Council, at its regular meeting on September 14, 1992, authorized the award of an Engineering Services Contract to Hayes, Seay, Mattern & Mattern, Inc. for the replacement or repair of certain bridge structures in various stages as directed by City staff. It was anticipated that decisions of final plans and construction would be based on preliminary design studies. B. Bridqe structures and design phases were as follows: Structure No. 1822 on Main Street crossing Roanoke River for Phase I, Preliminary Design, with cost estimate. 2. Structure No. 8064 on Ninth Street crossing Roanoke River for Phase I, Preliminary Design, with cost estimate. Structure No. 8060 on Centre Avenue crossing an unnamed branch for Phase I, Preliminary Design, Phase II, Final Design, and Phase III, Contract Administration. Structure No. 8042 on Shenandoah Avenue crossing an unnamed branch for Phase I, Preliminary Design, Phase II, Final Design, and Phase III, Contract Administration. II. Current Situation: A. Structure No. 1822 on Main Street crossing River is now in Phase I, Preliminary Design. Roanoke Honorable Mayor and Members of City Council AMENDMENT NO. 1 TO AGREEMENT WITH HAYES, SEAY, MATTERN & MATTERN FOR BRIDGE REPLACEMENT/REPAIR DESIGN September 27, 1993 Page 2 Structure No.8064 on Ninth Street crossing Roanoke River is in Phase I, Preliminary Design. Structure No. 8060 on Centre Avenue crossing an unnamed branch is in Phase III, Contract Administration. Structure No. 8042 on Shenandoah Avenue crossing an unnamed branch is now in Phase III, Contract Administration. Recent bridge inspections of the First Street Bridge over the N & W Railway (Structure No. 8002) indicate that this bridge should be closed to traffic unless certain repairs, exclusive of complete design for replacement, be made at the earliest possible date. This structure is currently being monitored at frequent intervals and stress movements throughout the bridge continue to accelerate. Following proposals and negotiations with City staff, Hayes, Seay, Mattern & Mattern, Inc., has agreed to amend their Agreement for Consultant Services dated August 17, 1992, to perform the work for $7,800.00. Amendment No. 1 will be in the form of a detailed engineering report to confirm the specific repairs necessary to maintain the integrity and safety of this bridge that cannot be delayed until such time as the Second Street Bridge is built. After the completion of the Second Street Bridge, the First Street Bridge may then be considered for full repair, closed, or limited to pedestrian use. Amended Agreement, including Amendment No. 1, would be broken down as follows: Original Contract Amount First Street Bridge, Amendment No. Amended Contract Amount $212,959.00 7~800.00 $220,759.00 Note: Engineering fee is computed as direct personnel expenses times an indirect overhead and profit multiplier of 2.0 plus reimbursable and direct expenses. Honorable Mayor and Members of City Council AMENDMENT NO. 1 TO AGREEMENT WITH HAYES, SEAY, MATTERN & MATTERN FOR BRIDGE REPLACEMENT/REPAiR DESIGN September 27, 1993 Page 3 III. Issues in Order of Importancm: A. Engineering concernm in maintaining adequate safety to the traveling public. B. Reasonableness of engineering fee. C. Available fundinq. IV. Alternatives: A. City Council authorize the City Manager to execute Amendment No. 1, in a form suitable to the City Attorney, in the amount of $7~800.00, giving a total amended contract amount of $220,759.00. 1. Enqineerinq concerns will be met in maintaining adequate safety to the traveling public. 2. Reasonableness of engineering fee has been established by negotiations in the scope of work. 3. Fundinq of $8,000.00 is available in the General Fund account, Transfers to Capital Projects. B. Do not authorize the City Manager to execute Amendment No. 1. Enqineerinq concerns will not be met in maintaining adequate safety for the traveling public. 2. Reasonableness of engineering fee will not be an issue at this time. 3. Fundinq will not be an issue. IV. Recommendation is that City Council take the action: A. Authorize the implementation of Alternative following Honorable Mayor and Members of City Council AMENDMENT NO. 1 TO AGREEMENT WITH HAYES, SEAY, MATTERN & MATTERN FOR BRIDGE REPLACEMENT/REPAIR DESIGN September 27, 1993 Page 4 ApDroDriate $8~000.00 to Capital Projects Fund account no. 008-052-9548-9003, Bridge Replacement/Repair Engineering. These funds are available in General Fund account 001-004-9310-9508 and are designated for this purpose. Current Contract Amount Amount For Amendment No. Revised Contract Amount $212,959.00 7~800.00 $220,759.00 Respectfully submitted, W. Robert Herbert City Manager WRH/ES/kp cc: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Manager, Office of Management and Budget 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. F~N Deputy City Clerk October 1, 1993 File #60-102-405 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31714-092793 authorizing execution of Amendment No. 1 to the City's contract with Mattern and Craig, Inc., for additional engineering services in connection with replacement and repair to the Jefferson Street Bridge and the Holiins Road Bridge, in an amount not to exceed $138,500.00, said total contract amount not to exceed $272,700.00. Resolution No. 31714-092793 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 27, 1993. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Steven A. Campbell, Engineer, Mattern and Craig, Inc., Consulting Engineers and Surveyors, 701 First Street, S. W., Roanoke, Virginia 24016 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Earl Sturgill, Project Manager Sarah E. Fitton, Construction Cost Technician Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1993. No. 31714-092793. A RESOLUTION authorizing the execution of Amendment No. 1 to the City's contract with Mattern and Craig, Inc., for additional engineering services to be performed in connection with the replacement or repair of certain bridge structures. BE follows: 1. IT RESOLVED by the Council of the City of Roanoke as The City Manager or the Assistant City Manager is authorized and empowered to execute, for and on behalf of the City, upon form approved by the City Attorney, Amendment No. 1 to the City's contract with Mattern and Craig, Inc., dated August 6, 1992, in order to provide additional engineering services in connection with the replacement and repair of the Jefferson Street Bridge and the Hollins Road Bridge. 2. Such Amendment shall provide for the services set forth in the City Manager's report to Council dated September 27, 1993, and the cost of those additional services shall not exceed $138,500.00, with the total contract amount not to exceed $272,700.00. ATTEST: City Clerk. Roanoke, Virginia September 27, 1993 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: AMENDMENT NO. 1 TO AGREEMENT WITH MATTERN & CRAIG, FOR BRIDGE REPLACEMENT/REPAIR DESIGN INC. I. Background: City Council, at its regular meeting on September 14, 1992, authorized the award of an Engineering Services Contract to Mattern & Craig, Inc. for the replacement or repair of certain bridge structures in various stages as directed by City staff. It was anticipated that decisions on final plans and construction would be based on preliminary design studies. B. Bridge structures for design phases were as follows: Structure No. 8003 on Jefferson Street crossing the N & W railway for Phase I, Preliminary Design, with cost estimate. Structure No. 8038 on Broadway Street crossing Ore Branch for Phase I, Preliminary Design, with cost estimate. 3. Structure No. 8061 on Hollins Road crossing Lick Run for Phase I, Preliminary Design, with cost estimate. Structure No. 8052 on Craig Robertson Road crossing Garnand Branch for Phase I, Preliminary Design, Phase II, Final Design, and Phase III, Contract Administration. II. Current Situation: 1. Structure No. 8003 on Jefferson Street crossing N & W railway, Phase I, Preliminary Design, is complete. 2. Structure No. 8038 on Broadway Street crossing Ore Branch, Phase I, Preliminary Design, is complete. Hon6rable Mayor and Members of City Council AMENDMENT NO. 1 TO AGREEMENT WITH MATTERN & CRAIG, FOR BRIDGE REPLACEMENT AND/OR REPAIR DESIGN September 27, 1993 Page 2 INC. Structure No. 8061 on Hollins Road crossing Lick Run, Phase I, Preliminary Design, is complete. Structure No. 8052 on Craig Robertson Road crossing Garnand Branch, Phase I, Preliminary Design, and Phase II, Final Design, are complete, and Phase III, Contract Administration, is underway. Recent detailed investigations of the Jefferson Street Bridge and the Hollins Road Bridge (Structures No. 8003 and 8061) indicate that these two (2) structures require further implementation of Phases II and III, designated as Amendment No. 1, in order to assure continued safety to the traveling public. a. Jefferson Street Bridge (Structure No. 8003) will be designed as two projects as follows: Pro~ect No. 1 (Priority) - Replacement and related repairs of the pilaster and wingwall at the southeast corner of the bridge. Work involves laterally bracing the rotating wall with earth anchors to prevent further rotation against the pilaster and replacement of the pilaster which has failed by transverse shear. Cost is estimated at $150,000. Pro~ect No. 2 Necessary, minimal repairs to remaining structure to secure another 15 20 years of safety integrity. Work involves pressure sealing of cracked, open joints and the installation of four (4) new transverse expansion joints over the bridge piers to reduce impact loads and moisture intrusion through the deck slab to critical areas below. The estimated cost for this work is $60~000. This work can be delayed until funds become available. Hollins Road Bridge over Lick Run (Structure No. 8061) consists of replacement of two (2) spans across Lick Run and minimal necessary repairs of masonry wall supporting spans 3 thru 8. Estimated cost of the work is $250,000. Hon6rable Mayor and Members of City Council AMENDMENT NO. 1 TO AGREEMENT WITH MATTERN & CRAIG, FOR BRIDGE REPLACEMENT AND/OR REPAIR DESIGN September 27, 1993 Page 3 INC. This bridge is scheduled for replacement as part of the 13th Street widening project on the City's portion of the Virginia Department of Transporta- tion Urban Street Program. Due to funding limitations, this work will probably not be done for several years, and it is imperative to keep the existing bridge in service until replaced due to existing traffic and anticipated traffic generated by the Roanoke Valley Resource Authority Park Transfer Station under construction nearby. Followinq negotiations with City Staff, Mattern & Craig, Inc. has agreed to amend their Agreement for Consultant Services dated August 6, 1992 with the City of Roanoke to perform the work as Amendment No. 1 for an amount of $138,500.00. Amended Agreement, including Amendment No. 1, is broken down as follows: Original Contract Amount Amendment No. 1: Jefferson Street Bridge Hollins Road Bridge Subtotal Amended Contract Amount 81,900.00 56~600.00 $134,200.00 138~500.00 $272t700.00 Note: Engineering fee is computed as 2.3 times direct personnel expenses plus 1.5 times reimbursable expenses. Also, these projects are the beginnings of a 10-year replacement/repair program to proceed as funding is available. III. Issues in Order of Importance: A. Enqtneertnq concerns in maintaining adequate safety to the traveling public. B. Reasonableness of engineering fee. C. Available funding. Hon6rable Mayor and Members of City Council AMENDMENT NO. 1 TO AGREEMENT WITH MATTERN & CRAIG, INC. FOR BRIDGE REPLACEMENT AND/OR REPAIR DESIGN September 27, 1993 Page 4 IV. Alternatives: City Council authorize the City Manager to execute Amendment No. 1, in a form suitable to the City Attorney, in the amount of $138~500.00 giving a total amended contract amount of $272~700.00. Enqineerinq concerns will be met in maintaining adequate safety for the traveling public for the two (2) bridges most in need of maintenance at this time. Reasonableness of engineering fee has been established by negotiations in the scope of work. 3. Funding of $145,425.00 is available in the General Fund account, Transfers to Capital Projects. B. Do not authorize the City Manager to execute Amendment No. 1. 1. Enqineerinq concerns will not be met in maintaining adequate safety to the traveling public for the two (2) bridges. 2. Reasonableness of engineering fee will not be an issue at this time. 3. Fundinq will not be an issue. V. Recommendation is that City Council take the following action: A. Authorize the implementation of Alternative "A". Be ADDroDriate $145~425.00 to Capital Projects Fund account no. 008-052-9548-9003, Bridge Replacement/ Repair Engineering. These funds are available in General Fund account no. 001-004-9310-9508 and are designated for this purpose. Current Contract Amount Amount For Amendment No.1 Contingency for Amendment No. Revised Contract Amount 1 $134,200.00 138,500.00 6~925.00 $279,625.00 Honorable Mayor and Members of City Council AMENDMENT NO. 1 TO AGREEMENT WITH MATTERN & CRAIG, FOR BRIDGE REPLACEMENT AND/OR REPAIR DESIGN September 27, 1993 Page 5 INC. Respectfully submitted, W. Robert Herbert City Manager WRH/ES/kp cc: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets September 27, 1993 TO: Honorable Mayor and Members of City Council FROM: James D. Grisso, Acting Director of Finance SUBJECT: Financial Report for August The August 1993 financial report is for the first two months of the new fiscal year. We would like to point out several items that deserve comment. REVENUE General Property Taxes appear to be down 15.54% for the current year. This variation is due to the receipt of a large payment from an escrow company in August of fiscal year 1993 and does not represent any negative trend. Other Local Taxes collections are ahead of last year due primarily to a favorable trend for Utility taxes on electricity usage, which set records due to the extremely hot summer. The other significant favorable variation in this category is cigarette tax which is reflective of the increased tax rate effective July I of this fiscal year. Also, one of our most meaningful local economic indicators, Sales Tax, inclusive of the September 16th payment, is up 5.0% on a year-to-date basis. Permits, Fees, and Licenses are up 14.17% due to increased electrical inspection and street opening permits. Honorable Mayor and Members September 27, 1993 Roanoke City Council Fines and Forfeitures are showing a positive trend of 9.97%, due primarily to increased collections from parking tickets. An automated system for management of parking tickets was installed last fiscal year. Improved collections is a direct result of the efficiency and effectiveness of the new system. Revenue from Use of Money and Property appears to have an unfavorable variance of 6.63%. This variance is due to the timing of payment from the State for Social Services office space rent. Collections are actually on target with the revenue estimate. Grants-in-Aid Commonwealth is down 17.30%. This again is due primarily to the timing of reimbursement for the new Comprehensive Services Act program. Grants-in-Aid Federal Government is down significantly from fiscal year 1993, but has still exceeded the current year revenue estimate. The City received flood damage reimbursement of approximately $116,000 in fiscal year 1993 which accounts for this noticeable variance. The City recently received $56,858 for reimbursements related to the snow storm last March. These funds were not anticipated in the fiscal year 1994 adopted budget. Miscellaneous Revenue is down due to the timing of collections for insurance recoveries and the timing of sales of surplus City equipment. Internal Services Revenue is showing a positive variance due to increased rates, effective at the beginning of the fiscal year. EXPENDITURES Expenditures for the entire General Fund are down compared to last fiscal year. The largest factor causing this is, on a year-to-date basis, one less payday has occurred this fiscal year compared to last. Another major factor is the current fiscal year budget amount of $650,000 has not yet been encumbered for street paving. The contract has been approved and these funds will be obligated in the near future. The last contributing factor is the timing of transfers to the new School Fund. These transfers are timed to maintain an equitable balance of cash flow between the General Fund and School Fund. Honorable Mayor and Members September 27, 1993 Roanoke City Council The proprietary funds are generally operating on target with the adopted budgets. These will be reviewed in detail in a future report. I would be pleased to answer any questions that Council may have related to the Monthly Financial Report. ting Director of Finance JDG:s Attachments CITY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE FOR THE 2 MONTHS ENDING AUGUST 31, 1993 General Contingency: Balance July 1, 1993 Ord. No. Deoartment CMT Contributions 31624 Transfers 31661 Contributions Puroose Cultural Subsidy Youth Services Grant Match Williamson Road Service District 365.546 1,000) 1,535) 981 Total Contingency Balance 363,992 1 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Year to Data for the Period Jul 1-Aug 31 Jul 1-Aug 31 Revenue Source 1992-93 1993-94 General Property Taxes $ 1,585,780 $ 1,339,363 Other Local Taxes 3,008,124 3,466,698 Permits, Fees, and Licenses 108,191 123,522 Fines and Forfeitures 101,133 111,216 Revenue From Use of Money and Property 86,711 80,958 Grants-in-Aid Commonwealth 2,561,909 2,118,618 Grants-in-Aid Federal Government 121,226 56,858 Charges for Services 270,422 272,557 Miscellaneous Revenue 65,515 ( 1,963) internal Services 144,789 177,O51 Total $ 8,053~800 $ 7~744,868 Current Fiscal Year Revised Percent of Percentage Revenue Revenue Estimate of Change Estimates Received 15.54%) $ 54,930,443 2.44% 15.24% 41,637,306 8.33% 14.17% 622,000 19.86% 9.97% 635,000 17.51% 6.63%) 855,702 9.46% 17.30%) 28,321,624 7.48% 53.10%) 33,000 172.30% 0.79% 2,545,589 10.71% 103.00%) 290,880 ( 0.67%) 22.28% 1,590,300 11.13% 3.84%~ $ 131~461~844 5.89% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Current Fiscal Year Percent of Jul 1 - Aug 31 Jul 1 - Aug 31 Percentage Unencumbered Revised Budget 1992-93 1593-94 of Change Balance Appropriations Obligated General Government $ 1,656,151 $ 1,639,632 Judicial Administration 677,303 648,575 Public Safety 5,297,515 4,741,689 Public Works 5,227,722 3,371,658 Health and Welfare 2,285,307 2,349,119 Parks. Recreation and Cultural 1,003,685 1,045.342 Community Development 161,277 192,340 Transfer to Debt Service Fund 3,630,767 4,311,017 Transfer to School Fund 7,175,315 5.636,981 Nondepartmental 1,940.070 1,948r615 Total $ 29~055II12 $ 25~884,968 1.00%) $ 7,603,418 $ 9,243,050 17.74% 4.24%) 2,982,095 3,630,790 17.86% 10.49%) 26,460,990 31,202,679 15.20% 35.50%) 16,404,796 19,776,454 17.05% 2.79% 14,638,549 16,987,668 13.83% 4.15% 3,533,203 4,578,545 22.83% 19.26% 832,826 1,025,166 18.76% 18.74% 4,003,591 8,314,608 51.85% 21.44%) 28,184,908 33,821.889 16.67% 0.44% 2~098.614 4.047.229 48.15% 10.91%~ $ 106,742.990 $ 132,628,078 19.52% 2 CITY OF ROANOKE, VIRGINIA SCHOOL FUND STATEMENT OF REVENUE Year to Date for the Period Jul loAug 31 1992-93 State Sales Tax $ 698,683 Grants-in-Aid Commonwealth 3,624,441 Grants-in-Aid Federal Government ( 69,340) Charges for Services 71,849 Transfer from General Fund 5,511,938 Special Purpose Grants 865.253 Total $10r602¢824 Current Fiscal Year Revised Percent of Jul 1-Aug 31 Percentage Revenue Revenue Estimate 1993-94 of Chanq® Estimates Received 593,836 ( .81%) ~ 7,226,287 8.22% 3,645,404 .88% 23,859,029 15.28% 17,681 125.50% 2,052,120 .86% 46,206 ( 35.69%) 2,450,75S 1.89% 5,654,821 2.59% 33,821,889 1.67% 1,6571335 92.54% 1 r6871335 N/A 11 615 283 9.55% $ 71,067f415 16.34% Expenditura CstegorY instruction General Support Transportation Operation and Maintenance of Plant Food Services Facilities Other Uses of Funds Special Purpose Grants Total STATEMENT OF EXPENDITURES AND ENCUMBRANCES Jul I - Aug 31 Jul 1 - Aug 31 Percentage of Unencumbered Revised Budget 1992-93 1993-94 Change Balance AoProDriatione ObliRated 3,645,631 $ 2,914,484 190,921 125,096 160,722 194,859 1,500,654 1,741,342 105,993 76,436 822,462 1,150,143 748,931 1,513,521 2.185,356 2r160.012 9,360r670 $ 9,875~893 20.05%) $ 48,259,608 $ 51,174,092 34.48%} 2,527,368 2,652,464 21.24% 2,443,672 2,638,531 16.04% 6,736,783 8,478,125 27.89%) 2,983,453 3,059,889 39.84% 633 1,150,776 102.09% 338,785 1,852,306 ( 1.16%) 2,160.012 5.50% $ 63~2901302 $ 73 166 195 5.70% 4.72% 7.38% 20.54% 2.50% 99.95% 81.71% N/A 13.50% 3 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF AUGUST 31, 1993 General Government Education Recreation Streets and Bridges Sanitation Projects Traffic Engineering & Communications Other Infrastructure Projects Capital Improvement Reserve Total Expenditures Unexpended Outstanding Unencumbered Budoel; To Date Balance Encumbran;es Balan~:e 820,787,616 $ 8,759,415 $ 12,028,201 $ 393,335 $ 11,634,866 13,935,656 8,685,242 5,250,414 438,707 4,811,707 393,140 344,722 48,418 17,500 30,918 8,727,172 4,624,646 4,102,526 1,315,847 2,786,679 3,077,679 1,939,050 1,138,629 75,604 1,063,025 1,389,028 1,326,684 62,344 18,317 44,027 8,882,922 5,294,488 3,588,434 918,515 2,669,919 5.048.454 5,048.454 5,048.454 62,241,667 $ 30 974 247 $ 31 267 420 $ 3,177,825 $ 28,089.595 4 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDING AUGUST 31, 1993 Operating Revenue: Commercial Sales Domestic Sales Industrial Sales Town of Vinton Roanoke County Customer Service Total Operating Revenue 1993 $ 552,141 492,211 43,506 3,O43 215,428 62,6~1 1,368.990 1992 $ 420,311 396,167 36,305 2,547 164,077 52,46~ 1,071,875 Less: Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Add: Non-Operating Revenue (Expenses) Interest on Investments Rents Miscellaneous Total Non-Operating Revenue (Expenses) Net Income 175,804 338,111 134.868 648.783 720,207 9,669 65O 295 10,614 730,821 172,567 340,143 118,324 631,034 440,841 38,402 4,650 222 43,274 $ 484,115 5 WATER FUND AUGUST 31, 1993 (CONTINUED) Capital Outlay Not Included in Operating Expenses: Project Vehicular Equipment New Service, Hydrants, Lines Unidentified Plant Replacement Fire Hydrants FC Plans and Specs FY86 Project Design Carvins Cove Improvement Phase I Edgewood Replacement Franklin Road Widening Carvins Cove Improvement Phase II Carvins Cove Filter Plant Water Plant Expansion Bonds 92 Carvins Cove Filter Plant Phase I Falling Creek Finished Water Res. Carvins Cove Phase II Cont. C-2 Water System Leak Survey Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Exoenditure~ $ 3,252 127,980 4,685,068 2,077 180,846 12,103 1,416,926 9,007 1,084 771,055 47,434 983,551 3,016,715 26,046 141,569 876 11,425,589 4,491,204 6.934.385 NOTE: Some of these projects are continued from prior years with inception to date totals. 6 CITY OF ROANOKE, VIRGINIA SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDING AUGUST 31, 1993 Operating Revenue: Sewage Charges - City Sewage Charges - County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - 8otetourt County Customer Services Interfund Services Total Operating Revenue Less: Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating (Loss) Add: Non-Operating Revenue (Expenses) Interest on Investments Miscellaneous Interest Expense Total Non-Operating Revenue (Expenses) Net (Loss) 1993 $ 783,707 125,837 38,894 90,943 11,284 31,597 5,257 1,087,519 230,178 895,802 161,681 1,287,661 (200.142) 10,146 2,503 ( 3.359) 9,290 $( 190~852) 1992 $ 739,204 129,012 35,585 125,463 10,830 11,349 3,655 1,055.098 270,964 655,O79 160.001 1,086,044 30,946) 8,558 23,314 ( 5.795) 26.077 4.869) 7 CITY OF ROANOKE SEWAGE TREATMENT FUND AUGUST 31, 1993 (CONTINUED) Capital Outlay Not Included in Operating Expenses: Proiect FY86 Projects Design Franklin Road Widening Peters Creek Flood Reduction Phase I Sewershed I/I Project Design Phase I Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Exoenditure~ 62,297 35,950 56,300 112,071 266,618 213,2~7 $ 53 321 NOTE: Some of these projects are continued from prior years with inception to date totals. 8 ROANOKE REGIONAL AIRPORT COMMISSION COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDING AUGUST 31, 1993 Operating Revenue: Airfield Revenue General Aviation Revenue Terminal Building Revenue Other Revenue Total Operating Revenue Less: Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Add: Non-Operating Revenue (Expenses) Interest on Investments Interest Income Airport Debt Service Accounts Miscellaneous Federal Grant - Noise Study Interest Expense Interest Expense 88 Revenue Bond Issue Total Non-Operating Revenue (Expenses) Net Income 1993 $ 129,311 18,104 496,951 28.180 672.546 193,448 249,791 174.673 617,912 54,634 31,607 5,237 18,410 ( 11,370) ( 85.332) 1992 $ 193,268 15,771 489,310 67.458 765.807 233,576 259,521 17~,216 669.313 96,494 21,490 5,020 52,213 12,931) 86,9821 ( 41.448) ( 21,190) $ 75 304 9 ROANOKE REGIONAL AIRPORT COMMISSION AUGUST 31, 1993 (CONTINUED) Capital Outlay Not Included in Operating Expenses Project Furniture and Equipment Refurbish Buildings Replace Security Fencing General Aviation Development Noise Study Airfield Signage Aircraft Lift Device Employee Parking Lot Underground Storage Tank Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Exoenditures 2,090 17,127 1,487 786,871 161,048 288 234 130 27,073 996,348 646,527 NOTE: Some of these projects are continued from prior years with inception to date totals. 10 CITY OF ROANOKE, VIRGINIA CIVIC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDING AUGUST 31, 1993 Operating Revenue: Rentals Parking Fee Event Expenses Advertising Admissions Tax Commissions Total Operating Revenue Less: Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating (Loss) Add: Non-Operating Revenue Supplement from General Fund Interest on Investments Miscellaneous Total Non-Operating Revenue Net Income 1993 52,433 4,220 14,958 352 15,160 1~,178 97,301 126,505 151,689 55.022 333.21~ 235,915) 618,631 1,357 554 620,542 $ 384~627 1992 26,538 1,782 5,634 2OO 10.565 441719 133,775 124,271 59.663 317.709 ( 272,990) 678,616 715 457 679.788 406.798 11 CITY OF ROANOKE, VIRGINIA CIVIC CENTER FUND AUGUST 31, 1993 (CONTINUED) Capital Outlay Not Included in Operating Expenses Project Other Equipment Total Project Expenditures Less Prior Year Expenditures Year to Date Exoenditures $ 1,592 1,592 Total Current Year Expenditures $ 14592 NOTE: Some of these projects are continued from prior years with inception to date totals. 12 CITY OF ROANOKE, VIRGINIA TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDING AUGUST 31, 1993 Operating Revenue: Century Station Parking Garage Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Surface Parking Lots Total Operating Revenue Less: Operating Expenses Operating Expenses Depreciation Total Operating Expenses Operating Income Add: Non-Operating Revenue (Expenses) Transfer from General Fund Interest on Investments Miscellaneous Operating Subsidy for GRTC Interest Expense Total Non-Operating Revenue {Expenses) Net Income 1993 56,496 56,489 31,520 88,475 34,421 9,651 277,052 128,755 87.223 215.978 61,074 827,000 613) 250,000) 125,954) 450.433 511 507 1992 $ 56,379 36,265 78,257 37,334 9,157 217,392 115,085 87.366 202,451 14,941 719,163 771 270 200,000) 151.0191 369.185 3841126 13 CITY OF ROANOKE, VIRGINIA NURSING HOME FUND INCOME STATEMENT FOR THE 2 MONTHS ENDING AUGUST 31, 1993 Operating Revenue: Private Patient Fees Medicaid Patient Fees Medicaid Reimbursement Total Operating Revenue Less: Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating (Loss) Add: Non-Operating Revenue Interest on Investment Operating Supplement Total Non-Operating Revenue Net Income 1993 $ 24,174 42,079 131.582 197.835 177,911 47,858 6.007 231.776 { 33,941) 691 404.419 405.110 1992 20,932 42,392 63,774 127.098 199,076 38,449 8,741 246.266 (119,168) 492 405.553 406.045 $ 286 877 14 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDING AUGUST 31, 1993 Operating Revenue: Operating Revenue Total Operating Revenue Less: Operating Expenses Operating Expenses Total Operating Expenses Operating (Loss) Add: Non-Operating Revenues (Expenses) City Contributions Contribution from Virginia Tech Total Non-Operating Revenues (Expenses) Net Income (Loss) 1993 - 10,522 10,522 (10.522) 123,350 123.350 112.828 1992 12,944 12,944 (12.944) 50,000 50.000 100.000 87;056 15 CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUNDS FOR THE 2 MONTHS ENDING AUGUST 31, 1993 Operating Revenue Charges for Services Total Operating Revenue Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating income (Loss) Nonoperating Revenue Interest Revenue Net Nonoperating Revenue Net income (Loss} City Information Materials Management Utility Line Fleet Systems Control Services Services Maintenance TOTALS 1993 1992 407,671 ~ 26,671 ~ 74.209 ~ 457,691 $ 240,511 $ 1.206,753 $ 1.220~343 407~671 26,671 74.209 457,691 240,511 1.206.753 1.220.343 186,999 13,724 11,260 326,073 179,591 717,647 819,613 101,706 5,066 44,195 71,306 102,919 325,192 325,877 36,713 242 7,146 32,521 170,793 247,415 92.941 325,418 19,032 62,601 429,900 453,303 1,290,254 1,238,431 821253 71639 11,608 27,791 ( 2121792) ( 83,501) ( 18,088} 4,967 1,319 898 5,433 5,578 18,195 13,695 4,967 1,319 898 5,433 5,578 18,195 13,695 $ 87~220 $ 8,958 $ 12,50__6 $ 33,22__4 ${ 207,214) ${ 65f306) ${ 4,393) 16 CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUND AUGUST 31, 1993 (CONTINUED) Capital Outlay Not Included in Operating Expenses Proiect CIS - Other Equipment ULS - Sewershed Study FM - Furniture & Equipment FM - Vehicular Equipment Total Yearto Date Exoenditures 9,765 36,327 3,260 287,266 336.618 17 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILrrY FOR THE MONTH ENDED AUG UST 31,199~ TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY THE MONTH ENDED AUGUST 31, 1993. AIRPORT CIVIC CENTER INTERNAL SERVICE TRANSPORTATION CAPITAL NURSING HOME HOTEL & CONVENTION DEBT SERVICE CIS MATERIALS CONTROL MANAGEMENT SERVIC UTILITY LINES SERV FLEET MAINTENANCE PAYROLL PENSION SCHOOL FUND FDETC G RANT PROG RAMS TOTAL 216,155.99 643,460.09 152,785.11 624,159.31 3,824,897.09 0.00 3,824,670.75 2,874,182.59 (686,695.61) 964,178.39 80,027.27 281,732.62 16466,754.47 487,962.06 595,072.26 ~ i:'i i'i'i'i i~;~~ a.~'~', 20,004,353.65 (224 913.82) 258.39 25,654,35 0.00 2,153,528.80 4,954,954.16 1,493.40 6,999,213.98 (133,332.18) 1,471,632.88 146,756.22 0~00 (47,723.65) 437,298.27 108,460.86 0.00 (26,g54.00) 297,310.27 27,832.28 0.00 (187,902.54) 1,602,604.14 539,559.64 0.00 (712,930.56) 10,840,283.13 7,578,663.58 (4,278,575.48) 421,697.78 728,541.50 941,198.69 (101,873.26) 1,578,768.78 14,133,870.14 5,941,946.65 0.00 395,926.53 10,229.70 318,076.70 ~9;,~ 145,474.33 25.476.81 815.501.42 788.595.28 ¢172.564.08'~ $71,572,687.58 $49,294,388.54 $52,963,433.06 ~,~;~;~i $73,299,205.17 CONTINUED ON NEXT PAGE 18 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED AUGUST 31. 1993 CERTI~CATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, WRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED AUGUST 31, 1993 THAT SAID FOREGOING: CASH iN HAND CASH IN SANK tNVESTMENTS ACQUIRED FROM COMPETITIVE PROPOS,N..S: CERff'IFICATES OF DEPOSIT CENTRAL FIDELITY BANK $12,000,000.00 FIRST UNION OF VA SIGNET SANK STATE NON-ARBrrRAGE PROGRAM (SNAP) TO'[N. SECURITIES 2,000,000.00 DATE: SEPT. 16, 1993 GORDON E. PETERS, TREASURER 19 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 2 MONTHS ENDING AUGUST 31, 1993 Revenue 1993 1992 City's Contributions $ 778,764 Investment Income 682,607 Gain on Sale of Investments 1,306,290 Income from Bond Discount Amortization 57,141 Total Revenue $ 2,824.802 $ 570,381 52,372 770,459 85,815 $ 1.479,027 ExDenses Pension Payments $ 1,329,309 Active Service Death Benefit 12,181 Fees for Professional Services ( 2,333) {1) Expense From Bond Premium Amortization 65,635 Administrative Expense 1.999 Total Expenses Net Income Year to Date 1,406,791 1.419,011 $ 1,123,940 ( 113) (2) 47,060 4,048 1,174,935 $ 304.092 (1) Reversal of accruals as of June 30, 1993 (2) Reversal of accruals as of June 30, 1992 20 CITY OF ROANOKE PENSION PLAN BALANCE SHEET AS OF AUGUST 31, 1993 Asset~ Cash Investments: (market value - Due from Other Funds Other Assets Total Assets 1993 9161,142,507 1992 $143,746,909) 1993 1992 $ 205,667 9( 101,873) 137,500,603 919 18,000 $137 725 189 128,390,986 26O 18.000 $ 128.307.373 Liabilities and Fund Balance Due to Other Funds Total Liabilities Fund Balance, Jul,/ 1 Net Income Year to Date Fund Balance Total Liabilities and Fund Balance $ 582.787 $ 565.287 582.787 565.287 135,724,391 127,437,994 1,418,011 304.092 137.142.402 127,742,Q86 $ 137~725.189 $ 128.307.373 21 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 Dcpmy City Clerk October 1, 1993 File #514 Daniel F. Layman, Jr., Attorney Woods, Rogers and Hazlegrove Dominion Tower, Suite 1400 10 S. Jefferson Street Roanoke, Virginia 24011 Dear Mr. Layman: I am attaching copy of Ordinance No. 31673-092793 permanently vacating, discontinuing and closing all of Fairmont Place and two adjacent ten-foot alleys bounded by lots described as Official Tax Nos. 3042141, 3042121 and 3042101 - 3042105, inclusive, 3042129 and 3042108 - 3042110, inclusive. Ordinance No. 31673- 092793 was adopted by the Council of the City of Roanoke on first reading on Monday, September 13, 1993, also adopted by the Council on second reading on Monday, September 27, 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: Ms. Mary Catherine C. Gardner, 1001 Pocahontas Avenue, N. E., Roanoke, Virginia 24012 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director of Real Estate Valuation William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities and Operations Daniel F. Layman, Jr., Attorney October 1, 1993 Page 2 Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator Doris K. Layne, Real Estate Appraiser Aide 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. EAK1N Deputy City Clerk October 1, 1993 File #514 The Honorable Arthur B. Crush, III Clerk of Circuit Court Roanoke, Virginia Dear Mr. Crush: I am attaching copy of Ordinance No. 31673-092793, for proper recordation in your office, which provides for permanently vacating, discontinuing and closing all of Fairmont Place and two adjacent ten-foot alleys bounded by lots described as Official Tax Nos. 3042141, 3042121 and 3042101 - 3042105, inclusive, 3042129 and 3042108 - 3042110, inclusive. Ordinance No. 31673-092793 was adopted by the Council of the City of Roanoke on first reading on Monday, September 13, 1993, also adopted by the Council on second reading on Monday, September 27, 1993, and w-ill take effect ten days following the date of its second reading. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. pc: Daniel F. Layman, Jr., Attorney, Woods, Rogers & Hazlegrove, Dominion Tower, Suite 1400, 10 S. Jefferson Street, Roanoke, Virginia 24011 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1993. No. 31673-092793. AN ORDINANCE permanently vacating, discontinuing and closing certain public rights-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. WHEREAS, Robert L. Offutt and Alan L. Amos, Inc., 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 rights-of-way described hereinafter; and WHEREAS, the City Planning Co~mission, after giving proper notice to all concerned as required by S30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on September 13, 1993, after due and timely notice thereof as required by S30-14, 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 rights-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public rights-of-way. THEREFORE, BE Roanoke, Virginia, City of Roanoke, follows: IT ORDAINED by the Council of the City of that the public rights-of-way situate in the Virginia, and more particularly described as Ail of Fairmont Place and the two adjacent ten-foot alleys bounded by lots bearing Official Tax Nos. 3042141, 3042121 and 3042101 through 3042105, and 3042129 and 3042108 through 3042110, be, and hereby are, permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the rights-of-way, reserving however, to the City of Roanoke and any public utility, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public rights-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance undertaken; abandonment or replacement purposes at the time such work is such easement or easements to terminate upon the later of use or permanent removal from the above-described 2 public rights-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the closure of the above-described rights-of-way is conditioned upon the lower connecting semi- circular alley to Fairmont Place and the subject two connecting alleys being closed and permanently vacated pursuant to Section 15.1-364 of the Code of Virginia (1950), as amended, and Section 30-14 of the Code of the City of Roanoke (1979), as amended, within twelve (12) months of the date of the adoption of this ordinance. BE IT FURTHER ORDAINED that the closure of the above-described rights-of-way is conditioned upon applicant's submitting to the City, receiving approval of, and recording a subdivision plat, providing for the disposition of the land within the rights-of-way, to be vacated, in a manner consistent with the requirements of Chapter 31, Subdivision, retention of appropriate public passage over the of the City Code, and providing for the easements, together with the right of same, for the purpose of construction, repair and general maintenance of any and all utilities that may exist within said rights-of-way; and in the event these conditions have not been met and the said plat has not been recorded in the Office of the Clerk of Circuit Court within twelve (12) months from the effective date of this ordinance, this ordinance shall become null and void with no further necessary. BE IT FURTHER ORDAINED that action by City Council being the City Engineer be, and he is, directed to mark "permanently vacated" on said public rights-of-way 3 on all maps and plats on file in his office on which said rights- of-way are shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FINALLY 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 Robert L. Offutt and Alan L. Amos, Inc., and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk. C~IT~ ......... Roanoke City Planning Commission September 13, 1993 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Robert L. Offutt and Alan L. Amos, Inc., represented by Daniel F. Layman, Jr., attorney, that the street known as Fairmont Place, N.E., and two adjacent 10 foot alleys; one alley bounded by lots bearing Official Tax Nos. 3042141 and 3042121 on the south and 3042101 through 3042105, inclusive, on the north and the other alley being bounded by lots bearing Official Tax Nos. 3042129 on the south and 3042108 through 3042110, inclusive, on the north, be permanently vacated, discontinued and closed. I. Background: Ac Street (Fairmont Place] and alleys, as requested for closure, are located at the southeast comer of Hollins Road and Pocahontas Avenue, N.E. (see attached map Bo Original man of Fairmont Corn_ oration (Plan No. 1316) platted this circular street and alley system as a part of an unrecorded subdivision in 1919. Subsequent lot conveyances by deed have refereneexl this unrecorded plat. Co Land upon which this street and adjacent alleys are situated is too steep to provide adequate and safe access to the abutting lots. Do Street and alleys have been shown on city maps as undeveloped rights-of-way for the past 74 years. Alley abutting the rear of tax pamels 3042121 through 3042129 (not a part of this application) was the subject of a request, on November 7, 1990, for closure by Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2344 Members of City Council Page 2 September 13, 1993 Southern Classic Soft Cloth Auto Wash, Inc. Planning Commission recommended approval of this request. City Council adopted Ord. No. 30329-121790 on December 10, 1990, providing for the closure of this adjacent semi-circle alley, subject to the submittal, approval and recordation of an appropriate subdivision plat with the Clerk of Circuit Court, within a period of one year from the date of the adopted ordinance. Applicant failed to meet the conditions within the time specified. Ordinance expired on December 10, 1991. Application to close the lower semi-circular alley was filed with the City Clerk on August 6, 1993, on behalf of Southern Classic Soft Cloth Car Wash, Inc. Application to rezone the abutting land parcel fronting on Orange Avenue/U.S. Route 460E that recently reverted from C-2 to LM (property of Southern Classic Soft Cloth Car Wash, Inc.) was filed with the City Clerk on August 11, 1993. II. Current Situation: Applicants (Offutt and Amos) desire to close the subject Fairmont Place and connecting alleys in order to use the land within the rights-of-way and the abutting lots as a building site for a business enterprise. Development plan for this proposed project includes construction within the lower semi-circular alley. Closure and vacation of Fairmont Place and the two subject alley portions will leave the lower alley (abutting the rear of tax parcels 3042121-3042129) with two dead-ends. Application to close this lower alley has been filed by Southern Classic Soft Cloth Auto Inc., and scheduled for the Commission's September meeting. Property abutting this street and related alleys, owned by Robert L. Offutt, is the current subject of an application to rezone the land for industrial uses. III. Issues: A. Neiehborhood impact. B. Traffic impact. C. Utilities within the right-of-way. D. Creation of a dead-end alley. Members of City Council Page 3 September 13, 1993 E. Land use. F. Relationship to the comprehensive plan. IV. Alternatives: Approve the anpliggnC~ request to close and vacate the subject street and alleys, subject to the conditions outlined in Section V. of this report. Neighborhood impact. Street and alleys have remained undeveloped for 74 years. Closure should have no impact on the neighborhood. Traffic impact. Street and alleys have never been used or needed for traffic purposes. Closure should have no impact on traffic or traffic needs in the area. 3. Utilities within the fight-of-way. a. City has no utilities within the fights-of-way. C & P Telephone Company has a major conduit within the right- of-way. 4. Creation of a dead-end alley. Closure as requested will create two (2) dead-ends on a platted (paper) alley system. Closure of Fairmont Place and two related alleys should be made conditional upon the closure of the alley abutting the rear of tax parcels 3042121 through 3042129 within a specified period of time. Closure will also leave a dead-end on the alley extending from l lth Street. This paper alley is situated on extremely steep terrain and will, in all probability, never be opened by the City for public use. Land use. Closure of these non-productive fights-of-way for building purposes would result in a more efficient use of the land within, and the abutting lots that have remained vacant for so many years. Applicant should resubdivide the properties to incorporate and combine the land within the street and alleys and substandard sized lots, into a proper parcel Members of City Council Page 4 September 13, 1993 for building purposes. Subdivision will include the submittal of a comprehensive development plan for the development of the property. Relationshi~ to the comprehensive olan. Request is consistent with the intent of the comprehensive plan that available land be used in the most appropriate manner. B. D~ny the auolicant's reauest to close and vacate the subject street and alleys. 1. ~ would not be an issue. 2. Traffic imvact would not be an issue. 3. Utilities within the ri~,ht-of-way would not be an issue. 4. Creation of a dead-end alley would not be an issue. Land use. Land within these rights-of-way would remain in a non- productive state. Relationship to the comprehensive plan. Retention of this street and alley system as platted rights-of-way would not be consistent with the intent of the comprehensive plan that available land be used in the most appropriate manner. V. Recommendation: Planning Commission, by a vote of 6-0 (Mrs. Duerk absent) recommends that City Council approve Alternative "A" thereby approving the applicant's request to close and vacate Fairmont Place and portions of two adjacent alleys, insofar as the City has an interest therein, subject to the following conditions: The lower connecting semi-circular alley to Fairmont Place and the subject two connecting alleys shall be closed and permanently vacated pursuant to Section 15.1-364 of the Code of Virginia (1950), as amended, and Section 30-14 of the Code of the City of Roanoke (1979), as amended, within twelve (12) months of the date of the adoption of any ordinance providing for the closure of Fairmont Place and the two connecting alleys. Members of City Council Page 5 September 13, 1993 The applicant shall submit to the City for its review and approval, receive approval of, and record in the Office of the Clerk of Circuit Court, a subdivision plat with said plat providing thereon for the following: The disposition of the land within the rights-of-way to be vacated, in a manner consistent with the requirements of Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended. The retention of appropriate easements, together with the right of public passage over the same, for subsurface installation and maintenance of any and all existing utilities that may be located within the right-of-way. If the above conditions have not been met within a period of twelve months from the date of the adoption of the ordinance providing for the closure of the subject fight-of-way, then said ordinance shall become null and void with no further action by City Council being necessary. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission JRM:ERT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Zoning Administrator Attorney for the Petitioner VIRGINIA: In re: IN THE COUNCIL OF THE CITY OF ROANOKE Vacation of Fairmont Place and Adjacent Ten-Foot Alleys Bounded by Lots Bearing Official Tax Nos. 3042141, 3042121 and 3042101-2105 and Nos. 3042129 and 3042108-2110 APPLICATION FOR VACATION OF STREET AND ALLEYS TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE (1) Petitioners, Robert L. Offutt, owner, and Alan L. A~os, Inc., contract purchaser, apply to have the street known as Fairmont Place (bounded by lots bearing City of Roanoke Official Tax Numbers 3042121-2129, 3042105-2107, and 3042108) and adjacent ten-foot alleys (one bounded by lots bearing City of Roanoke Official Tax Numbers 3042141 and 3042121 on the south and 3042101-2105 on the north and the other [being the eastern portion of a longer alley] by lots bearing Numbers 3042129 on the south and 3042108-2110 on the north) permanently vacated, discontinued and closed, pursuant to Code of Virginia Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. The street and alleys to be closed are shown marked in red on the cop~ of City Appraisal Map Sheet 304 attached to this application as Exhibit A. (2) Petitioner Robert L. Offutt has contracted to sell the lots adjoining the street and alleys to petitioner Alan L. Amos, Inc. for development as a headquarters site for its excavation, M%167579 grading and demolition business. The tract cannot be so developed unless the street and alleys are closed. (3) The street and alleys to be closed are not now and, to the best knowledge of petitioners, have never been open on the ground. (4) The only landowner, other than petitioners, whose property will be affected by the proposed street and alley closings is: Mary Catherine Caudle Gardner 1001 Pocahontas Avenue, N.E. Roanoke, VA 24012 Lots 3042108-2110 WHEREFORE, petitioners Robert L. Offutt and Alan L. Amos, Inc. request that the above-described street and alleys be permanently vacated, discontinued and closed in accordance with Code of Virginia Section 15.1-364 and Section 30-14 of the code of the City of Roanoke (1979), as amended. Respectfully submitted this 13th day of July, 1993. ~OBERT ~ OFFUTT~ u'-T~l~-s ~-resident Daniel F. Woods, Rogers & Hazlegrove Dominion Tower, Suite 1400 10 South Jefferson Street Roanoke, VA 24011 M9167579 2 . ]' I APPRAISAl. CITY OF ROANOKE LOCATION HILL 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) 951-2541 August 31, 1993 SANDRA H. EAKIN Deputy City Clerk Daniel F. Layman, Jr., Attorney Woods, Rogers & Hazelgrove Dominion Tower, Suite 1400 10 S. Jefferson Street Roanoke, Virginia 24011 Dear Mr. Layman: I am enclosing copy of ordinances which were p~epared by the City Attorney's Office in connection with the request of your clients, Robert L. Offutt and Alan L. Amos, Inc., that all of Fairmont Place and two adjacent ten-foot alleys bounded by lots described as Official Tax Nos. 3042141, 3042121 and 3042101 - 3042105, inclusive, 3042129 and 3042108 - 3042110, inclusive, be permanently vacated, discontinued and closed; and in connection with the rezoning of a 3.25 acre tract of land located at the southeast intersection of Holllns Road and Pocahontas Avenue, N. E., described as Official Tax Nos. 3042104 - 3042107, inclusive, and 3042121 - 3042129, inclusive, and an unnumbered circular parcel surrounded by Fairmont Place, from RM-1, Residential Multi-family, Low Density District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioners. As you know, public hearings on the abovereferenced street and alley closure and rezoning will be held on Monday, September 13, 1993, at 7:30 p.m. Please review the ordinances, and if you have questions, you may contact Steven J. Taievi, Assistant City Attorney, at 981-2431. With kindest regards, I am Sincerely yours, ~~ Mary F. Parker, CMC/AAE City Clerk MFP:gd Enclosures pc: Ronald H. Miller, Building Commissioner, w/ordinance John R. Mariles, Agent, City Planning Commission, w/ordinance Evelyn D. Dorsey, Acting Zoning Administrator, w/ordinance 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 August 26, 1993 SANDRA H. EAKIN Deputy City Clerk File #514 Daniel F. Layman, Jr., Attorney Woods, Rogers & Hazlegrove Dominion Tower, Suite 1400 10 S. Jefferson Street Roanoke, Virginia 24011 Dear Mr. Layman: 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, September 13, 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 the request of Robert L. Offutt and Alan L. Amos, Inc., that all of Fairmont Place and two adjacent ten-foot alleys bounded by lots described as Official Tax Nos. 3042141, 3042121 and 3042101 - 3042105, inclusive, 3042129 and 3042108 - 3042110, inclusive, be permanently vacated, discontinued and closed. For your information, I am enclosing copy of a report of the City Planning Commission and a notice of the public hearing. Copy of the ordinance providing for the street and alley closures will be forwarded to you under separate cover. Please review the notice and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the Planning Commission report should be directed to John R. Marlles, Chief of Community Planning, at 981-2344. Sincerely, f~ Mary F. Parker, CMC/AAE City Clerk MFP: sm september Enc. pc: Ms. Mary Catherine C. Gardner, 1001 Pocahontas Avenue, N. E., Roanoke, Virginia 24012 PU~LISHS~'S FEE- DAN!FL F LaYNAN 10 S JEFFERSON ST SUITE 1400 PO 5ux 14,125 RO~Ni]KE VA SEP 13 P1:57 ST£,TE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLIC aT I ON I~ (THE UNDERSIGNED) aN AUTHORIZED REPRESENTATIV~ OF THF TIfFS-WORLD COR- P~RATION~ wHICH CORPORATION IS PUALISHER OF THE ROANOKE TIM~S ~ ~ORLD-NENS~ A DAILY NEWSPAPER PU~LISHE£) IN ROANOKE, IN TH~ STATE OF VIRGINIA~ DO CERTIFY THAT THE ANNeXeD NOTICE WAS PUbLISHeD IN SAID NEWSPAPERS ON THE FOLLOWING DATES 08/27/g3 M[)RN ING 09/03/~3 MORNING AUTHOR IZ~-D S IGN~TUP, E NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, September 13, 1993, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on an application to permanently abandon, of-way: Ail vacate, discontinue and close the following public right- of Fairmont Place and the two adjacent ten-foot alleys bounded by lots bearing Official Tax Nos. 3042141, 3042121 and 3042101 through 3042105, and 3042129 and 3042108 through 3042110. 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 25th the above date and be heard on day of August , 1993. Mary F. Parker, City Clerk. Publish twice in the Roanoke Times & World-News, once on Friday, August 27, 1993, and once on Friday, September 3, 1993. Send publisher's affidavit to: Send bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Daniel F. Layman, Jr., Attorney Woods, Rogers and Hazlegrove Dominion Tower, Suite 1400 10 S. Jefferson Street Roanoke, Virginia 24011 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGIN¥~T PERTAINING TO THE STREET CLOSURE OF: '93 ,JIJL 26 /t11:11 Request from Robert L. Offutt and Alan L. Amos, Inc., represented by Daniel F. Layman, Jr., attorney, that the street known as Fairmont Place, N.E., and two adjacent 10 foot alleys; one alley bounded by lots bearing Official Tax Nos. 3042141 and 3042121 on the south and 3042101 through 3042105, inclusive, on the north and the other alley being bounded by lots bearing) official Tax Nos. 3042129 on the south and 3042108 ) through 3042110, inclusive, on the north, be ) permanently vacated, discontinued and closed. ) AFFIDAVIT COMMONWEALTH OF VIRGINIA) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, Code of Virginia, (1950), as amended, on behalf of the Planning commission of the City of Roanoke, she has sent by first-class mail on the 26th day of July, 1993, notices of a public hearing to be held on the 4th day of August, 1993, on the street closure captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner, Aqent or Occupant Address 3042108 3042109 3042110 Mary Catherine Caudle Gardner 1001 Pocahontas Ave. Roanoke, VA 24012 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 26th day of July, 1993. Notary Public My Commission Expires: NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: '93 ~/IJL 15 P 3:22 The Roanoke City Planning Commission will hold a public hearing on Wednesday, August 4, 1993, 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 Robert L. Offutt and Alan L. Amos, Inc., represented by Daniel F. Layman, Jr., attorney, that the street known as Fairmont Place, N.E., and two adjacent 10 foot alleys; one alley bounded by lots bearing Official Tax Nos. 3042141 and 3042121 on the south and 3042101 through 3042105, inclusive, on the north and the other alley being bounded by lots bearing Official Tax Nos. 3042129 on the south and 3042108 through 3042110, inclusive, on the north, be permanently vacated, discontinued and closed. A copy of said application is available for review in the Office of Community Planning, Room 162, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please run in newspaper on Tuesday, July 20, 1993 and Tuesday, July 27, 1993. Please bill: Daniel F. Layman, Jr., Attorney Woods, Rogers & Hazlegrove Dominion Tower, Suite 1400 10 South Jefferson Street Roanoke, VA 24011 Please send affidavit of publication to: Office of Community Planning Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 MARY F. 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 July 14, 1993 File #514 Mr. Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application from Daniel F. Layman, Jr., Attorney, representing Robert L. Offutt and Alan L. Amos, Inc., requesting that a street known as Fairmont Place and adjacent 10 foot alleys, described as Official Tax Nos. 3042141, 3042121, 3042101 - 3042105, inclusive, 3042129 and 3042108 - 3042110, inclusive, be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm a]amoe Ene. pc: The Honorable Mayor and Members of the Roanoke City Council Mr. Daniel F. Layman, Jr., Attorney, Woods, Rogers & Hazlegrove, Dominion Tower, Suite 1400, 10 S. Jefferson Street, Roanoke, Virginia 24011 Mr. John R. Marlles, Agent, City Planning Commission Mr. Ronaid H. Miller, Building Commissioner Mr. Steven J. Taievi, Assistant City Attorney VIRGINIA: IN THE COUNCIL OF THE CITY OF ROA~KEjuL13 P17:2;~ In re: Vacation of Fairmont Place and Adjacent Ten-Foot Alleys Bounded by Lots Bearing Official Tax Nos. 3042141, 3042121 and 3042101-2105 and Nos. 3042129 and 3042108-2110 APPLICATION FOR VACATION OF STREET AND ALLEYS TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE (1) Petitioners, Robert L. Offutt, owner, and Alan L. Amos, Inc., contract purchaser, apply to have the street known as Fairmont Place (bounded by lots bearing City of Roanoke Official Tax Numbers 3042121-2129, 3042105-2107, and 3042108) and adjacent ten-foot alleys (one bounded by lots bearing City of Roanoke Official Tax Numbers 3042141 and 3042121 on the south and 3042101-2105 on the north and the other [being the eastern portion of a longer alley] by lots bearing Numbers 3042129 on the south and 3042108-2110 on the north) permanently vacated, discontinued and closed, pursuant to Code of Virginia Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. The street and alleys to be closed are shown marked in red on the copy of City Appraisal Map Sheet 304 attached to this application as Exhibit A. (2) Petitioner Robert L. Offutt has contracted to sell the lots adjoining the street and alleys to petitioner Alan L. Amos, Inc. for development as a headquarters site for its excavation, M#167579 grading and demolition business. The tract cannot be so developed unless the street and alleys are closed. (3) The street and alleys to be closed are not now and, to the best knowledge of petitioners, have never been open on the ground. (4) The only landowner, other than petitioners, whose property will be affected by the proposed street and alley closings is: Mary Catherine Caudle Gardner 1001 Pocahontas Avenue, N.E. Roanoke, VA 24012 Lots 3042108-2110 WHEREFORE, petitioners Robert L. Offutt and Alan L. Amos, Inc. request that the above-described street and alleys be permanently vacated, discontinued and closed in accordance with Code of Virginia Section 15.1-364 and Section 30-14 of the code of the City of Roanoke (1979), as amended. Respectfully submitted this 13th day of July, 1993. Daniel F. Layman~-~Jr. %-/ Woods, Rogers & Hazlegrove Dominion Tower, Suite 1400 10 South Jefferson Street Roanoke, VA 24011 M#167579 2 -® (UNDEVELOPED) 1t MARY F. PAI~ER 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 October 1, 1993 File #51 Daniel F. Layman, Jr., Attorney Woods, Rogers and Hazlegrove Dominion Tower, Suite 1400 10 S. Jefferson Street Roanoke, Virginia 24011 Dear Mr. Layman: I am attaching copy of Ordinance No. 31674-092793 rezoning a 3.25 acre tract of land located at the southeast intersection of Hollins Road and Pocahontas Avenue, N. E., described as Official Tax Nos. 3042104 - 3042107, inclusive, and 3042121 - 3042129, inclusive, and an unnumbered circular parcel surrounded by Fairmont Place, from RM-1, Residential Multi-family, Low Density District, to LM, Light Manufacturing District, subject to certain conditions proffel, ed by the petitioners. Ordinance No. 31674-092793 was adopted by the Council of the City of Roanoke on first reading on Monday, September 13, 1993, also adopted by the Council on second reading on Monday, September 27, 1993, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. Daniel F. Layman, Jr., Attorney October 1, 1993 Page 2 pc: Southern Classic Soft Cloth Auto Wash, Inc., 2855 N. Franklin Street, Christiansburg, Virginia 24073 Ms. Mary C. Gardner, 1001 Pocahontas Avenue, N. E., Roanoke, Virginia 24012 Mr. Fredrick Murray, 113 Preston Avenue, N. E., Roanoke, Virginia 24012 Mr. George S. Plaganes, 916 Pocahontas Avenue, N. E. Roanoke, Virginia 24012 ' Mr. Terry P. Griswold, 924 Pocahontas Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Mark A. Smith, 930 Pocahontas Avenue, N. E., Roanoke, Virginia 24012 Brabham Petroleum Company, P. O. Box 218, Vinton, Virginia 24179 Ms. Elizabeth B. Gibson, 3621 Poplar Drive, S. W., Roanoke, Virginia 24018 Mr. Alien B. Fine, P. O. Box 13326, Richmond, Virginia 23225 Mr. Howard Kirby, 25 Westbury Drive, Cherry Hill, New Jersey 08003 Neva H. Smith, Executive Director, City of Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director of Real Estate Valuation William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities and Operations Charles M. Huffine, City Engineer Ronaid H. Miller, Building Commissioner John R. Marlies, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator Doris K. Layne, Real Estate Appraiser Aide IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1993. No. 31674-092793. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 304, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-1, Residential Multifamily, Low Density District, to LM, Light Manufacturing District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on September 13, 1993, after due and timely notice thereof as required by S36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 304 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: A 3.25-acre tract of land located at the southeast intersection of Hollins Road and Pocahontas Avenue, N.E., and designated on Sheet No. 304 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 3042104 3042107, inclusive, and 3042121 - 3042129, inclusive, and the unnumbered circular parcel surrounded by Fairmont Place, be, and are hereby rezoned from RM-1, Residential Multifamlly, Low Density District, to LM, Light Manufacturing District, subject to the following proffers: (1) the property will be developed in substantial conformity with the site plan attached to the Petition as Exhibit B, subject to any changes required by the City during site plan review; (2) the property will not be used for laboratories or testing facilities, or scrap materials recycling establishments; (3) the property will not be used for outdoor advertising; (4) that a vegetative screen or hedge at least six (6) feet in height will be provided between any buildings located on the site and both Orange Avenue and Hollins Road; (5) that a ten (10) foot wide landscaped buffer which provides a dense, year-round visual and noise obstruction, not less than six (6) feet in height, will be provided along the Pocahontas Avenue right-of-way; and (6) if no building permit has been issued or construction commenced within three (3) years from the effective date of this rezonlng, the subject property will automatically revert from LM, Light Manufacturing District to RM-1, Residential Multifamily, Low Density District, without further action required by City Council, as more fully set forth in the First Amended Petition, filed in the Office of the City Clerk on August 11, 1993, and that Sheet No. 304 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke City Planning Commission September 13, 1993 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Robert L. Offutt and Alan L. Amos, Inc., represented by Daniel F. Layman, Jr., Attorney, that property located at the southeast intersection of Hollins Road and Pocahontas Avenue, N.E., bearing Official Tax Nos. 3042104 through 3042107, inclusive, and 3042121 through 3042129, inclusive, and an unnumbered circular parcel surrounded by Fairmont Place, N.E., currently zoned RM- 1, Residential Multifamily, Low Density District, be rezoned to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner. Purpose of the rezoning request is to place the subject property into a zoning district classification that would permit the construction of an excavation, grading and demolition business, to include its office, equipment storage area, and maintenance shop. Petition to rezone was filed on June 13, 1993. The following conditions were proffered by the petitioners: That the property will be developed substantially in accordance with the site plan attached to the petition as Exhibit B, subject to such changes as may be required by the City to comply with applicable regulations as part of the site plan review process; and That the property will not be used for laboratories or testing facilities, or scrap material recycling establishments. Plannin£ Commission public hearing was held on Wednesday, August 4, 1993. Mr. Daniel F. Layman, Jr., attorney, appeared before the Commission on behalf Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2344 Members of City Council Page 2 September 13, 1993 of the petitioner and informed the Commission that the purpose of the rezoning request is to provide for the relocation of an existing business within the community to this site. He further explained that the relocation was necessary in order that his client may expand his business. Mr. Layman stated that as noted in the petition, the principal use of the subject property will be for an excavation, grading and demolition business, with an outside equipment storage area and its own maintenance shop. Mr. Layman proceeded to summarize the proffers and site development set forth in the rezoning petition. Ms. Dorsey gave the staff report stating that the Planning staff had contacted the City's Offices of Economic Development and Housing Development and informed the Commission that neither office had any objections to the rezoning request. She further stated that the Economic Development office supported the rezoning request finding that the proposed use and development plan would be in keeping with the church as well as the potential development and uses in the Deanwood Industrial Park in close proximity to the subject property. She also commented that the Housing Development Coordinator had stated that this property was not suitable nor an appropriate location to promote infill residential development and that the proposed rezoning for industrial purposes was more in keeping with the City's development plans for that area. Ms. Dorsey concluded her remarks by stating that the Planning staff recommended approval of the request based on the findings as set forth in the report. No one from the audience appeared before the Commission to speak in favor or in opposition to the rezoning request. Mr. Bradshaw stated that he had only two concerns pertaining to this request; his first concern was that of the possibility of a billboard being erected on the property sometime in the future and he did not feel that this particular property on Orange Avenue was an appropriate location for another billboard; and his second concern was the exposure of the heavy duty equipment to be stored on the rear portion of the property, in conjunction with the service bays of the maintenance shop that would open facing Orange Avenue. Mr. Layman responded that as indicated on the proffered site development plan that most of the equipment storage area would be to the east of the proposed building and that a substantial amount of natural vegetation would remain on that portion of the lot as to screen the storage area from view. Mr. Layman further stated that his client has no intention of installing a billboard at this location and would proffer such if the Commission so desired. Mr. Price also commented that he was concerned about the screening not only from Orange Avenue but to the adjoining residential properties as well. Considerable discussion took place as to the elevations of the subject property in Members of City Council Page 3 September 13, 1993 relation to the surrounding residential properties and public streets, requirements of the zoning ordinance and the site development plan review process. Mr. Layman responded by stating that his client will proffer that additional landscaping will be installed along any buildings along the Hollins Road and Orange Avenue frontages. Do ~ to rezone was filed on August 11, 1993. The following conditions were proffered by the petitioner: That the subject property will be developed substantially in accordance with the site plan attached to the petition as Exhibit B, subject to such changes as may be required by the City to comply with applicable regulations as part of the site plan review process. That it will not be used for laboratories or testing facilities, or scrap materials recycling establishments. 3. That it will not be used for outdoor advertising. That a vegetative screen or hedge at least six (6) feet in height will be provided between any buildings located on the site and both Orange Avenue and Hollins Road. That a ten (10) foot wide landscaped buffer which provides a dense, year- round visual and noise obstruction not less than six (6) feet in height will be provided along the Pocahontas Avenue right-of-way. II. Issues: Co Zoning of the subject property is RM-1, Residential Multifamily, Low Density District. The zoning pattern in the area is as follows: to the north and east is RM-1, Residential Multifamily District and LM, Light Manufacturing District; to the south is conditional C-2, General Commercial District; and to the west is HM, Heavy Manufacturing District and LM, Light Manufacturing District. ~ of the subject property is currently vacant, undeveloped land. Surrounding land uses in the area are as follows: to the north and east is a mixture of vacant, undeveloped lots and assorted industrial buildings/uses; to the south and immediate west is a vacant, undeveloped tract of land; and to the far west, across Hollins Road is a business/industrial park. Utilities are available and of adequate capacity to serve the proposed development on the site; storm drainage and other engineering design concerns would be Members of City Council Page 4 September 13, 1993 addressed and resolved during comprehensive site development plan review and approval process. Access to the property is from the adjoining public streets, Hollins Road and Pocahontas Avenue. The City Traffic Engineer has stated that no traffic impacts are anticipated from the proposed development of the site. ~ recommends that we encourage appropriate new industrial development on appropriate sites. III. Alternatives: A. ~ apnrove the rezoning request. ~ of the subject property would become conditional, LM, Light Manufacturing District, consistent with the recommendation of the Comprehensive Plan and the proposed development would be allowed to take place. Land use would become the office and facilities location of an excavation, grading and demolition business. Utilities are available and of adequate capacity to serve the proposed development on the site. All engineering and storm water management concerns would be addressed and resolved as part of the comprehensive site development review process. Access to and from the site can be safely provided by the adjoining public streets, Orange Avenue (Route 460 East), Hollins Road and Pocahontas Avenue. No traffic impacts are anticipated from the proposed development of the site. 5. ~13J3~q~ issue as set forth would be followed. ~ deny the rezoning request. ~ of the subject property would remain RM-1, Residential Multifamily, Low Density District. Vacant, residentially zoned land would be available for single family or duplex development in the future. Mr. Daniel Pollock, City Housing Coordinator, has stated that this area is not conducive for residential development and that the rezoning request appears to represent a higher and better use of the property in keeping with the surrounding industrial zoning and development. Members of City Council Page 5 September 13, 1993 Land use would remain vacant, undeveloped property. The proposed development of the site would not be allowed to occur. C. Utilities would be unaffected. D. Access to the site would not be an issue. E. Comprehensive Plan issues as set forth could be followed at a later date. The Planning Commission, by a vote of 6-0 (Mrs. Duerk absent) recommended ao~roval of the requested rezoning based upon the following findings: (1) that the reques~ would be a logical extension of the adjoining LM, Light Manufacturing District to the west of the property; (2) that the property location and physical constraints of the site are more conducive to non-residential development than for residential infill development; and (3) that the rezoning request is in keeping with the recommendations of the Comprehensive Plan. JRM:EDD: mpf attachments CC: Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission Assistant City Attorney City Engineer Building Commissioner Zoning Administrator Economic Development Specialist Attorney for the Petitioner VIRGINIA: IN THE COUNCIL OF THE ciTY OF ROANOKE Rezoning of a Tract of Land Located Near the Southeast Intersection of Hollins Road and Pocahontas Avenue, N.E., Bearing Official Tax Numbers 3042104-2107 and 3042121- 2129 from RM-1 to LM FIRST AMENDED PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE (1) The Petitioners, Robert L. Offutt and Alan L. Amos, Inc., are respectively the owner and contract purchaser of a tract of land containing approximately 3.25 acres located at the southeast intersection of Hollins Road and Pocahontas Avenue, N.E., in the City of Roanoke. The portion of this tract fronting on Hollins Road and to a depth of three lots at the Hollins- Pocahontas intersection (bearing Official Tax Numbers 3042141 and 3042101-2103) is zoned LM, Light Manufacturing. The remainder of the tract, bearing Official Tax Numbers 3042104-2107 and 3042121- 2129 and the unnumbered circular parcel Surrounded by Fairmont Place, is zoned RM-1, Residential Multifamily. (2) Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, Petitioners request that parcels M#167524 3042104-2107 and 3042121-2129 and the unnumbered circular parcel surrounded by Fairmont Place be rezoned from RM-i, Residential Multifamily, to LM, Light Manufacturing, so that petitioner Alan L. Amos, Inc. may locate on this site the office, construction equipment storage area, and maintenance shop for its excavation, grading and demolition business. A portion of City Appraisal Map Sheet 304, showing the area to be rezoned, is attached hereto as Exhibit A. (3) Petitioners believe that the requested rezoning will further the intent and purpose of the City's Zoning Ordinance and Comprehensive Plan by permitting a use compatible with other light and heavy manufacturing uses in the adjacent area on a long-vacant and topographically challenging parcel. Originally subdivided into residential lots, this tract is located on a sheer rock outcropping which, when combined with the effect of the nearby commercial and manufacturing uses, renders it essentially valueless as residential property. By contrast, its convenient access to Orange Avenue and Interstate Route 581 make this site particularly suited to a business which requires proximity to primary transportation routes. The City's Comprehensive Plan contemplates industrial uses for this area. (4) Although there are single-family residences adjacent to this site, this is an area where residential and industrial zoning and uses already co-exist. The tract imm~ediately across Hollins Road has recently been cleared and rezoned from HM to LM and is being offered as a light industrial site by the City's M#167524 2 Redevelopment and Housing Authority. The portions of the subject property fronting on Hollins and Pocahontas are already zoned LM, as is the Hollins Road frontage for several hundred feet north of Pocahontas, though the size and configuration of these adjacent LM-zoned areas make them unusable as industrial sites. The requested rezoning will result in a LM-zoned tract of sufficient size to be developed. (5) Petitioners hereby proffer and agree that if the tract is rezoned as requested: (a) It will be developed substantially in accordance with the site plan attached to this petition as Exhibit B, subject to such changes as may be required by the City to comply with applicable regulations as part of the site plan review process. (b) It will not be used for laboratories or testing facilities, or scrap materials recycling establishments. (c) It will not be used for outdoor advertising. (d) A vegetative screen or hedge at least six (6) feet in height will be provided between any buildings located on the site and both Orange Avenue and Hollins Road. (e) A ten (10)-foot wide landscaped buffer which provides a dense, year-round visual and noise obstruction not less than six (6) feet in height will be provided along the Pocahontas Avenue right of way. (6) Attached to this petition as Exhibit C lsa list of the names and addresses of the owner(s) of all lots immediately M#167524 3 adjacent to or across a street or road from the property to be rezoned, together with the Official Tax Number of each lot. WHEREFORE, petitioners request that the tracts bearing City of Roanoke Official Tax Numbers 3042104-2107 and 3042121-2129 and the unnumbered parcel surrounded by Fairmont Place be rezoned from RM-1 to LM in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this llth day of August, 1993. ROBERT L. OFFUTT Of Counsel (~ ~ ~anlel F. Layma~,~~.~ Woods, Rogers & Hazlegrove Dominion Tower, Suite 1400 10 South Jefferson Street Roanoke, VA 24011 President M#167524 4 ZONI'NG MAP SHErr-T ~' 304- EXHIBIT C Official Tax No. 3042120 3042143 3042108 3042109 3042110 3042008 3042004 3042007 3042003 3041612 3061313 Property Owner Southern Classic Soft Cloth Auto Wash, 2855 N. Franklin Street Christiansburg, VA 24073 Southern Classic Soft Cloth Auto Wash, 2855 N. Franklin Street Christiansburg, VA 24073 Mary Catherine Caudle Gardner 1001 Pocahontas Avenue, N.E. Roanoke, VA 24012 Mary Catherine Caudle Gardner 1001 Pocahontas Avenue, N.E. Roanoke, VA 24012 Mary Catherine Caudle Gardner 1001 Pocahontas Avenue, N.E. Roanoke, VA 24012 Brabham Petroleum Co. P. O. Box 218 Vinton, VA 24179 Elizabeth B. Gibson 3621 Poplar Drive, S.W. Roanoke, VA 24018 Allen B. Fine P. O. Box 13326 Richmond, VA 23225 Howard Kirby 25 Westbury Drive Cherry Hill, NJ 08003 City of Roanoke Redevelopment and Housing Authority P. O. Box 6359 Roanoke, VA 24017 Fredrick Murray 4027 Sunnydale Court Troutville, VA 24175 Inc. M#167524 3061314 3061315 3061316 3061317 3061318 3061320 Fredrick Murray 4027 Sunnydale Court Troutville, VA 24175 Fredrick Murray 4027 Sunnydale Court Troutville, VA 24175 George S. Plaganes 916 Pocahontas Avenue, Roanoke, VA 24012 N.Eo George S. Plaganes 916 Pocahontas Avenue, N.E. Roanoke, VA 24012 Terry P. Griswold 924 Pocahontas Avenue, Roanoke, VA 24012 m,s0 Mark A. Smith 930 Pocahontas Avenue, Roanoke, VA 24012 N.Z. M#167524 6 CITY OF ROANOKE LOCATION '\ ~.RY F, PARER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2341 August 31, 1993 SANDRA H. EAKIN Deputy City Clerk Daniel F. layman, Jr., Attorney Woods, Rogers & Hazelgrove Dominion Tower, Suite 1400 10 S. Jefferson Street Roanoke, Virginia 24011 Dear Mr. layman: I am enclosing copy of ordinances which were prepared by the City Attorney's Office in connection with the request of your clients, Robert L. Offutt and Alan L. Amos, Inc., that all of Fairmont Place and two adjacent ten-foot alleys bounded by lots described as Official Tax Nos. 3042141, 3042121 and 3042101 - 3042105, inclusive, 3042129 and 3042108 - 3042110, inclusive, be pernmnently vacated, discontinued and closed; and in connection with the rezonlng of a 3.25 acre tract of land located at the southeast intersection of Holltns Road and Pocahontas Avenue, N. E., described as Official Tax Nos. 3042104 - 3042107, inclusive, and 3042121 - 3042129, inclusive, and an unnumbered circular parcel surrounded by Fairmont Place, from RM-1, Residential Multi-family, Low Density District, to LM, Light Manufacturing District, subject to certain conditions prefferad by the petitioners. As you know, public hearings on the abovereferenced street and alley closure and rezoning will be held on Monday, September 13, 1993, at 7:30 p.m. Please review the ordinances, and if you have questions, you may contact Steven J. Talevi, Assistant City Attolmey, at 981-2431. With kindest regards, I am Sincerely yours, Ma~y F. Parker, CMC/AAE City Clerk MFP:gd Enc~sures pc: Ro~sld H. Miller, Building Commissioner, w/ol~tnRnce John R. Ma~lies, Agent, City Planning Commission, w/ordtnsnce Evelyn D. Doreey, Acting Zoning Administrator, w/ordinance MARY F. PARKER City Clerk, CMC/A~.E CITY OF ROANOKE OFFICE OF THE CITY CLERK 213 Church Avenue, S.W., Room 456 TReOanoke, V rginia 2~011 ephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 26, 1993 File #51 Daniel F. Layman, Jr., Attorney Woods, Rogers & Hazlegrove Dominion Tower, Suite 1400 10 S. Jefferson Street Roanoke, Virginia 24011 Dear Mr. Layman: 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, September 13, 1993, at 7:30 p.m., or as soon theroafter as the matter may be heard, in the City Council Chamber, fourth Hoot of the Munieipal Building, 215 Church Avenue, S. W., on the request of Robert L. Offutt and Alan L. Amos, Inc., that a 3.25-acre tract of land located at the southeast intersection of Hollins Road and Pocahontas Avenue, N. E., identified as Official Tax Nos. 3042104 -3042107, inclusive, and 3042121 - 3042129, inclusive, and an unnumbered circular parcel surrounded by Fairmont Place, be ~ezoned from RM-1, Residential Multi-family, Low Density District, to LaM, Light Manufacturing Distl-ict, subject to certain conditions profferod by the petitioners. For your information, I am enclosing copy ~f a ropoz,t of the City Pianni,~,~ Commission and a notice of the public hearing. ~opy of the ordinance pl~vidin~ the. rezom.'n.~g will be fOrwarded to you under separate cover, p notice aha zr you have ouestions, v,,,, ,~ ........... lease roviaw the Attorney, at 981-2431. Questions with rogard to the Planning Commission report - · ~"" ,~ ~u~,tac~ ~teven J. Taievi, Assistant City should be dirocted to John R. Marlles, Chief of Community Planning, at 981-2344. Sineeroly, Mazy F. Parker, CMC/AAE City Clerk MFP: sm september Eric Daniel F. Layman, Jr., Attorney August 26, 1993 Page 2 pc: Southern Classic Soft Cloth Auto Wash, Inc., 2855 N. Franklin Street, Christiansburg, Virginia 24073 Ms. Mary C. Gardner, 1001 Pocahontas Avenue, N. E., Roanoke, Virginia 24012 Mr. Fredrick Murray, 113 Preston Avenue, N. E., Roanoke, Virginia 24012 Mr. George S. Plaganes, 916 Pocahontas Avenue, N. E., Roanoke, Virginia 24012 Mr. Terry P. Griswold, 924 Pocahontas Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Mark A. Smith, 930 Pocahontas Avenue, N. E., Roanoke, Virginia 24012 Brabham Petroleum Company, P. O. Box 218, Vinton, Virginia 24179 Ms. Elizabeth B. Gibson, 3621 Poplar Drive, S. W., Roanoke, Virginia 24018 Mr. Alien B. Fine, P. O. Box 13326, Richmond, Virginia 23225 Mr. Howard Kirby, 25 Westbury Drive, Cherry Hill, New Jersey 08003 Neva H. Smith, Executive Director, City of Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 ~D NLJ~r3ER - PUoLISHER'S DANIEL F LAYMAN 10 S JEFFERSON ST SUITE 1400 PO 50× 14125 R~]ANOK E V~ 24Q58 STATE OF VIRGINIA CITY UF RO¢NOKE ~FFIDAVIT OF PUBLICATION t, ITHE UND[~RSIGNED) AIN AUTHORIZED REPRESENTATIVE OF THE TIMES-NORLO COR- PORATI~,N, ~HICH CF)RPORATIO;'~ IS PUBLISrtER OF THE ROANOKE TIMES & WORLD-NEWS~ A DAILY NEWSPAPER PUBLISHED IN ~O~NOKE, IN THE STATE OF VIRGINI&~ DO CERTIFY THaT THE ANNEXED NOT~CE WAS PUSLISHED IN SAID NE:WSPaP[RS ON THF FOLLOWING OATES 08/27/93 M~lRNING D9/03/93 MORNING P 1:5i NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, September 13, 1993, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from RM-1, Residential Multi-Family District, to LM, Light Manufacturing District, the following property: A 3.25-acre tract of land located at the southeast intersection of Hollins Road and Pocahontas Avenue, N.E., bearing Official Tax Nos. 3042104 - 3042107, inclusive and 3042121 - 3042129, inclusive, and the unnumbered circular parcel surrounded by Fairmont Place, such rezoning to be subject to certain proffered conditions. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 25th day of August , 1993. Mary F. Parker, City Clerk. Publish twice in the Roanoke Times & World-News, once on Friday, August 27, 1993, and once on Friday, September 3, 1993. Send publisher's affidavit to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Send bill to: Daniel F. Layman, Jr., Attorney Woods, Rogers and Hazlegrove Dominion Tower, Suite 1400 10 S. Jefferson Street Roanoke, Virginia 24011 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) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 11, 1993 File #51 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 an amended petition from Daniel F. Layman, Jr., Attorney, representing Robert L. Offutt and Alan L. Amos, Inc., requesting that a tract of iand located at the southeast intersection of Hollins Road and Pocahontas Avenue, N. E., containing 3.25 acres, more or less, identified as Official Tax Nos. 3042104 -3042107, inclusive, and 3042121 - 3042129, inclusive, and an unnumbered circular parcel surrounded by Fairmont Place, be rezoned from RM-1, Residential Multi-family District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioners. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm r/amos Enc. pc: The Honorable Mayor and Members of the Roanoke City Council Daniel F. Layman, Jr., Attorney, Woods, Rogers & Hazlegrove, Dominion Tower, Suite 1400, 10 S. Jefferson Street, Roanoke, Virginia 24011 John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE In re: Rezoning of a Tract of Land Located Near the Southeast Intersection of Hollins Road and Pocahontas Avenue, N.E., Bearing Official Tax Numbers 3042104-2107 and 3042121- 2129 from RM-1 to LM FIRST AMENDED PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE (1) The Petitioners, Robert L. Offutt and Alan L. Amos, Inc., are respectively the owner and contract purchaser of a tract of land containing approximately 3.25 acres located at the southeast intersection of Hollins Road and Pocahontas Avenue, N.E., in the City of Roanoke. The portion of this tract fronting on Hollins Road and to a depth of three lots at the Hollins- Pocahontas intersection (bearing Official Tax Numbers 3042141 and 3042101-2103) is zoned LM, Light Manufacturing. The remainder of the tract, bearing Official Tax Numbers 3042104-2107 and 3042121- 2129 and the unnumbered circular parcel surrounded by Fairmont Place, is zoned RM-1, Residential Multifamily. (2) Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, Petitioners request that parcels M#167524 3042104-2107 and 3042121-2129 and the unnumbered circular parcel surrounded by Fairmont Place be rezoned from RM-1, Residential Multifamily, to LM, Light Manufacturing, so that petitioner Alan L. Amos, Inc. may locate on this site the office, construction equipment storage area, and maintenance shop for its excavation, grading and demolition business. A portion of City Appraisal Map Sheet 304, showing the area to be rezoned, is attached hereto as Exhibit A. (3) Petitioners believe that the requested rezoning will further the intent and purpose of the City's Zoning Ordinance and Comprehensive Plan by permitting a use compatible with other light and heavy manufacturing uses in the adjacent area on a long-vacant and topographically challenging parcel. Originally subdivided into residential lots, this tract is located on a sheer rock outcropping which, when combined with the effect of the nearby commercial and manufacturing uses, renders it essentially valueless as residential property. By contrast, its convenient access to Orange Avenue and Interstate Route 581 make this site particularly suited to a business which requires proximity to primary transportation routes. The City's Comprehensive Plan contemplates industrial uses for this area. (4) Although there are single-family residences adjacent to this site, this is an area where residential and industrial zoning and uses already co-exist. The tract immediately across Hollins Road has recently been cleared and rezoned from HM to LM and is being offered as a light industrial site by the City's M#167524 2 Redevelopment and Housing Authority. The portions of the subject property fronting on Hollins and Pocahontas are already zoned LM, as is the Hollins Road frontage for several hundred feet north of Pocahontas, though the size and configuration of these adjacent LM-zoned areas make them unusable as industrial sites. The requested rezoning will result in a LM-zoned tract of sufficient size to be developed. (5) Petitioners hereby proffer and agree that if the tract is rezoned as requested: (a) It will be developed substantially in accordance with the site plan attached to this petition as Exhibit B, subject to such changes as may be required by the City to comply with applicable regulations as part of the site plan review process. (b) It will not be used for laboratories or testing facilities, or scrap materials recycling establishments. (c) It will not be used for outdoor advertising. (d) A vegetative screen or hedge at least six (6) feet in height will be provided between any buildings located on the site and both Orange Avenue and Hollins Road. (e) A ten (10)-foot wide landscaped buffer which provides a dense, year-round visual and noise obstruction not less than six (6) feet in height will be provided along the Pocahontas Avenue right of way. (6) Attached to this petition as Exhibit C is a list of the names and addresses of the owner(s) of all lots immediately M#167524 3 adjacent to or across a street or road from the property to be rezoned, together with the Official Tax Number of each lot. WHEREFORE, petitioners request that the tracts bearing City of Roanoke Official Tax Numbers 3042104-2107 and 3042121-2129 and the unnumbered parcel surrounded by Fairmont Place be rezoned from RM-1 to LM in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this llth day of August, Daniel F. Laym~ Woods, Rogers & Hazlegrove Dominion Tower, Suite 1400 10 South Jefferson Street Roanoke, VA 24011 1993. ROBERT L. OFFUTT ALAN /~ IN By L. ,~ ~"~/ts President M#167524 4 ' I /. ZONfNG MAP EXHIBIT C Official Tax No. 3042120 3042143 3042108 3042109 3042110 3042008 3042004 3042007 3042003 3041612 3061313 Property Owner Southern Classic Soft Cloth Auto Wash, 2855 N. Franklin Street Christiansburg, VA 24073 Southern Classic Soft Cloth Auto Wash, 2855 N. Franklin Street Christiansburg, VA 24073 Mary Catherine Caudle Gardner 1001 Pocahontas Avenue, N.E. Roanoke, VA 24012 Mary Catherine Caudle Gardner 1001 Pocahontas Avenue, N.E. Roanoke, VA 24012 Mary Catherine Caudle Gardner 1001 Pocahontas Avenue, N.E. Roanoke, VA 24012 Brabham Petroleum Co. P. O. Box 218 Vinton, VA 24179 Elizabeth B. Gibson 3621 Poplar Drive, S.W. Roanoke, VA 24018 Allen B. Fine P. O. Box 13326 Richmond, VA 23225 Howard Kirby 25 Westbury Drive Cherry Hill, NJ 08003 City of Roanoke Redevelopment and Housing Authority P. O. Box 6359 Roanoke, VA 24017 Fredrick Murray 4027 Sunnydale Court Troutville, VA 24175 Inc. M#167524 3061314 3061315 3061316 3061317 3061318 3061320 Fredrick Murray 4027 Sunnydale Court Troutville, VA 24175 Fredrick Murray 4027 Sunnydale Court Troutville, VA 24175 George S. Plaganes 916 Pocahontas Avenue, Roanoke, VA 24012 N.Eo George S. Plaganes 916 Pocahontas Avenue, Roanoke, VA 24012 NoS. Terry P. Griswold 924 Pocahontas Avenue, N.E. Roanoke, VA 24012 Mark A. Smith 930 Pocahontas Avenue, N.E. Roanoke, VA 24012 M#167524 6 TO OF T.E OF RO O E, VIR6 i PERTAINING TO THE REZONING REQUEST OF: '93 ]1:11 Request from Robert L. Offutt and Alan L. Amos, Inc., ) represented by Daniel F. Layman, Jr., Attorney, that ) property located at the southeast intersection of ) Hollins Road and Pocahontas Avenue, N.E., bearing ) Official Tax Nos. 3042104 through 3042107, inclusive, ) and 3042121 through 3042129, inclusive, and an ~ unnumbered circular parcel surrounded by Fairmont FFIDAVIT Place, N.E., currently zoned RM-1, Residential Multi- ) family, Low Density District, be rezoned to LM, Light ) Manufacturing District, subject to certain conditions ) proffered by the petitioner. ) COMMONWEALTH OF VIRGINIA) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 26th day of July, 1993, notices of a public hearing to be held on the 4th day of August, 1993, on the rezoning closure captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner, Agent or Occupant Address 3042120x 3042143x Southern Classic Soft Cloth Auto Wash, Inc. 2855 N. Franklin St. Christiansburg, VA 24073 524 High Street Salem, VA 24153 3042108 Mary C. C. Gardner 1001 Pocahontas Ave. 3042109 Roanoke, VA 24012 3042110 3042111 3061313 Fredrick Murray 113 Preston Avenue 3061314 Roanoke, VA 24012 3061315 3061316 George S. Plaganes 916 Pocahontas Ave. 3061317 Roanoke, VA 24012 3061318 Terry P. Griswold 924 Pocahontas Ave. Roanoke, VA 24012 3061320 Mark A. Smith 930 Pocahontas Ave. Lorrie C. Smith Roanoke, VA 24012 3042008 Brabham Petroleum Co. P.O. Box 218 Vinton, VA 24179 3042004 Elizabeth B. Gibson 3621 Poplar Drive, SW Roanoke, VA 24018 3042007 3042003 3041612 Allen B. Fine Howard Kirby City of Roanoke Redevelopment and Housing Authority P. O.Box 13326 Richmond, VA 23225 25 Westbury Drive Cherry Hill,NJ 08003 P. O.Box 6359 Roanoke, VA 24017 Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 26th day of July, 1993. Notary Public My Commission Expires: NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, August 4, 1993, 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 Robert L. Offutt and Alan L. Amos, Inc., represented by Daniel F. Layman, Jr., Attorney, that property located at the southeast intersection of Hollins Road and Pocahontas Avenue, N.E., bearing Official Tax Nos. 3042104 through 3042107, inclusive, and 3042121 through 3042129, inclusive, and an unnumbered circular parcel surrounded by Fairmont Place, N.E., currently zoned RM-1, Residential Multifamily, Low Density District, be rezoned to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner. A copy of said application is available for review in the Office of Community Planning, Room 162, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please run in newspaper on Tuesday, July 20 , 1993 and Tuesday, July 27, 1993. Please bill: Daniel F. Layman, Jr. Woods, Rogers & Hazlegrove Dominion Tower, Suite 1400 10 South Jefferson Street Roanoke, VA 24011 Please send affidavit of publication to: Office of Community Planning Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 MARY F. PARKER City Clerk, CMC/AA~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2341 SANDRA H. EAKIN Deputy City Clerk July 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 Daniel F. Layman, Jr., Attorney, representing Robert L. Offutt and Alan L. Amos, Inc., requesting that a tract of land located at the southeast intersection of Hollins Road and Pocahontas Avenue, N. E., containing 3.25 acres, more or less, identified as Official Tax Nos. 3042104 - 3042107, inclusive, and 3042121 -3042129, inclusive, and an unnumbered circular parcel surrounded by Fairmont Place, be rezoned from RM-1, Residential Multi- family, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioners. Sincerely, ~O~,x,- Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: The Honorable Mayor and Members of the Roanoke City Council Mr. Daniel F. Layman, Jr., Attorney, Woods, Rogers & Hazlegrove, Dominion Tower, Suite 1400, 10 S. Jefferson Street, Roanoke, Virginia 24011 Mr. John R. Marlles, Agent, City Planning Commission Ms. Evelyn D. Dorsey, Acting Zoning Administrator Mr. Ronaid H. Miller, Bnilding Commissioner Mr. Steven J. Taievi, Assistant City Attorney VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE In re: Rezoning of a Tract of Land Located Near the Southeast Intersection of Hollins Road and Pocahontas Avenue, N.E., Bearing Official Tax Numbers 3042104-2107 and 3042121- 2129 from RM-1 to LM PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE (1) The Petitioners, Robert L. Offutt and Alan L. Amos, Inc., are respectively the owner and contract purchaser of a tract of land containing approximately 3.25 acres located at the southeast intersection of Hollins Road and Pocahontas Avenue, N.E., in the City of Roanoke. The portion of this tract fronting on Hollins Road and to a depth of three lots at the Hollins- Pocahontas intersection (bearing Official Tax Numbers 3042141 and 3042101-2103) is zoned LM, Light Manufacturing. The remainder of the tract, bearing Official Tax Numbers 3042104-2107 and 3042121- 2129 and the unnumbered circular parcel surrounded by Fairmont Place, is zoned RM-1, Residential Multifamily. (2) Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, Petitioners request that parcels M#167524 3042104-2107 and 3042121-2129 and the unnumbered circular parcel surrounded by Fairmont Place be rezoned from RM-1, Residential Multifamily, to LM, Light Manufacturing, so that petitioner Alan L. Amos, Inc. may locate on this site the office, construction equipment storage area, and maintenance shop for its excavation, grading and demolition business. A portion of City Appraisal Map Sheet 304, showing the area to be rezoned, is attached hereto as Exhibit A. (3) Petitioners believe that the requested rezoning will further the intent and purpose of the City's Zoning Ordinance and Comprehensive Plan by permitting a use compatible with other light and heavy manufacturing uses in the adjacent area on a long-vacant and topographically challenging parcel. Originally subdivided into residential lots, this tract is located on a sheer rock outcropping which, when combined with the effect of the nearby commercial and manufacturing uses, renders it essentially valueless as residential property. By contrast, its convenient access to Orange Avenue and Interstate Route 581 make this site particularly suited to a business which requires proximity to primary transportation routes. The City's Comprehensive Plan contemplates industrial uses for this area. (4) Although there are single-family residences adjacent to this site, this is an area where residential and industrial zoning and uses already co-exist. The tract immediately across Hollins Road has recently been cleared and rezoned from HM to LM and is being offered as a light industrial site by the City's M#167524 2 Redevelopment and Housing Authority. The portions of the subject property fronting on Hollins and Pocahontas are already zoned LM, as is the Hollins Road frontage for several hundred feet north of Pocahontas, though the size and configuration of these adjacent LM-zoned areas make them unusable as industrial sites. The requested rezoning will result in a LM-zoned tract of sufficient size to be developed. (5) The petitioners hereby proffer and agree that if the tract is rezoned as requested, it will (a) be developed substantially in accordance with the site plan attached to this petition as Exhibit B, subject to such changes as may be required by the City to comply with applicable regulations as part of the site plan review process, and (b) not be used for laboratories or testing facilities, or scrap materials recycling establishments. (6) Attached to this petition as Exhibit C is a list of the names and addresses of the owner(s) of all lots immediately adjacent to or across a street or road from the property to be rezoned, together with the Official Tax Number of each lot. WHEREFORE, petitioners request that the tracts bearing City of Roanoke Official Tax Numbers 3042104-2107 and 3042121-2129 and the unnumbered parcel surrounded by Fairmont Place be rezoned from RM-1 to LM in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. M#167524 3 Respectfully submitted this Daniel F. Layman,(~r. ~3 Woods, Rogers & Hazlegrove Dominion Tower, Suite 1400 10 South Jefferson Street Roanoke, VA 24011 13th day of July, 1993. ROBER L. OFFUTT v ~fs President M#167524 4 ZONI'NG MAP CITY OF ROANOKE. ...... EXHIBIT C Official Tax No. 3042120 3042143 3042108 3042109 3042110 3042008 3042004 3042007 3042003 3041612 3061313 Property Owner Southern Classic Soft Cloth Auto Wash, Inc. 2855 N. Franklin Street Christiansburg, VA 24073 Southern Classic Soft Cloth Auto Wash, 2855 N. Franklin Street Christiansburg, VA 24073 Mary Catherine Caudle Gardner 1001 Pocahontas Avenue, N.E. Roanoke, VA 24012 Mary Catherine Caudle Gardner 1001 Pocahontas Avenue, N.E. Roanoke, VA 24012 Mary Catherine Caudle Gardner 1001 Pocahontas Avenue, N.E. Roanoke, VA 24012 Brabham Petroleum Co. P. O0 Box 218 Vinton, VA 24179 Elizabeth B. Gibson 3621 Poplar Drive, S.W. Roanoke, VA 24018 Allen B. Fine P. O. Box 13326 Richmond, VA 23225 Howard Kirby 25 Westbury Drive Cherry Hill, NJ 08003 City of Roanoke Redevelopment and Housing Authority P. O. Box 6359 Roanoke, VA 24017 Fredrick Murray 4027 Sunnydale Court Troutville, VA 24175 M#167524 3061314 3061315 3061316 3061317 3061318 3061320 Fredrick Murray 4027 Sunnydale Court Troutville, VA 24175 Fredrick Murray 4027 Sunnydale Court Troutville, VA 24175 George S. Plaganes 916 Pocahontas Avenue, Roanoke, VA 24012 George S. Plaganes 916 Pocahontas Avenue, Roanoke, VA 24012 moso Terry P. Griswold 924 Pocahontas Avenue, N.E. Roanoke, VA 24012 Mark A. Smith 930 Pocahontas Avenue, N.E. Roanoke, VA 24012 M#167524 5 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 October 1, 1993 File #2-166-216-468-481 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31695-092793 authorizing execution of certain documents exchanging a City-owned five foot wide strip of property, formerly the southerly one-haif of an alley, along the rear of property commonly known as 118, 120, 122 and 124 Campbell Avenue, S. W., for Trinkle-owned property described as a 6.5 foot by 25.0 foot area upon which a portion of a two story addition on the rear of 124 Campbell Avenue, S. W., encroaches; and further authorizing an air rights agreement permitting existing fire escapes at the rear of the buildings at 118 and 122 Campbell Avenue to remain in place over the five foot wide strip to be conveyed to Mr. Trinkle, upon certain terms and conditions. Ordinance No. 31695-092793 was adopted by the Council of the City of Roanoke on first reading on Monday, September 13, 1993, aiso adopted by the Council on second reading on Monday, September 27, 1993, and will take effect ten days following the date of its second reading. Sincerely, _f~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Mr. James L. Trinkle, 305 First Street, S. W., Roanoke, Virginia 24011 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance W. Robert Herbert October 1, ~993 Page 2 pc: Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Richard V. Hamilton, Real Estate Agent Phillip F. Sparks, Acting Chief, Economic Development IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1993. No. 31695-092793. AN ORDINANCE authorizing the execution of certain documents relating to the exchange of certain property between the City and James L. Trinkle, subject to various terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Mayor and City Clerk are authorized to execute and attest, respectively, the necessary documents exchanging a City- owned five foot wide strip of property, formerly the southerly one- half of an alley, along the rear of property commonly known as 118, 120, 122 and 124 Campbell Avenue, S.W., for Trinkle-owned property described as a 6.5 foot by 25.0 foot area upon which a portion of a two (2) story addition on the rear of 124 Campbell Avenue, S.W., encroaches, upon certain terms and conditions as set forth in the report to the Water Resources Committee dated August 23, 1993. 2. The City Manager and the City Clerk are authorized to execute and attest, respectively, an air rights agreement permitting existing fire escapes at the rear of the buildings at 118 and 122 Campbell Avenue to remain in place over the five (5) foot wide strip to be conveyed to Mr. Trinkle, upon certain terms and conditions as set forth in the report to the Water Resources Committee dated August 23, 1993. 3. All of these documents to be in a form approved by the City Attorney. ATTEST: City Clerk. RECE::r:? (.:ITY !;! !:' ~; Roanoke, Virginia S'~t~%~ 1~} :~993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Property Exchange 118 - 124 Campbell Avenue, S.W. The attached report was considered by the Water Resources Committee at its meeting on August 23, 1993. The Committee recommends that Council authorize an exchange of properties with Mr. James L. Trinkle (Francis Realtors) in accordance with conditions stated in the attached report. Respectfully submitted, Eli eth T. Bowles, Chairman Water Resources Committee WRH:KBK:afm Attachment cc: City Manager City Attorney Acting Director of Finance Director of Utilities & Operations Acting Chief, Economic Development James L. Trinkle, Francis Realtors INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: August 23, 1993 ~.,~r Resources Committee Utilities and Operations i~ B'.-~e~ Director, Manager~ ~.. ~ W. Robert Herbert, City PROPERTY EXCHANGE 118-124 CAMPBELL AVENUE, S.W. thru I. Background: City acquired 118, 120, 122 & 124 Campbell Avenue, S.W., from James L. Trinkle to preserve historic facades on Campbell Avenue. Acquisition included a five (5) foot strip of property, formerly the southerly one-half of an alley, along the rear of and the full width of the four (4) adjoining properties. Metal fire escapes exist on the rear of the buildings at 118 & 122 Campbell Ave., S.W., over the five (5) foot strip. City did not acquire a portion of a two (2) story addition on the rear of 124 Campbell Avenue, S.W., that encroaches approximately 6.50 feet by 25.0 feet over a portion of Mr. Trinkle's remaining property (parking lot facing Kirk Avenue, S.W.). II. Current Situation: Agreement to exchange properties has been worked out between Mr. Trinkle and City staff. The five (5) foot- wide City-owned strip behind 118, 120, and 122 Campbell Avenue, S.W., which functions as a portion of Mr. Trinkle's parking lot (and that he did not intend to include in the original sale to the City) is to be exchanged for the 6.5 foot by 25.0 foot parcel which includes portions of Mr. Trinkle's Lots bearing Official Tax Nos. 1010522 and 1010523, Lots 21 & 22, Official Survey, SW-1, containing portions of the two-story addition on the rear of 124 Campbell Avenue, S.W. An air rights agreement is to be worked out to permit fire 1 of 3 escapes to remain in place over the five (5) foot strip as well as a right-of-access to the rear of the structures across Mr. Trinkle's parking lot to remain in effect until those properties are developed. When/if development takes place on Mr. Trinkle's Kirk Avenue parking lots, the then current owner(s) of 110-124 Campbell Avenue will be required to provide internal fire escape facilities exiting onto Campbell Avenue. Air rights for rear fire escapes and access easement can then be abandoned. Boundary adjustment to be accomplished by subdivision plat (see Plan 6244, attached). III. Issues: A. Need B. Timinq IV. Alternatives: Committee recommend to City Council that it authorize an exchange of properties between the City and James L. Trinkle involving a 5.0' by approximately 81.5' strip of City-owned property and a 6.5' by 25' strip of property owned by Mr. Trinkle, as well as an air rights agreement permitting fire escapes to remain in place over the 5.0' strip and a right of access to 118, 120, 122 and 124 Campbell Avenue, S.W., from Kirk Avenue, S.W., across Mr. Trinkle's parking lot which encompasses Official Tax Nos. 1011522 & 1011523, details more fully explained in Item II, A (above). Deeds of exchange accomplishing the exchange of properties to be prepared by the City Attorney's Office. Need by City for clear ownership of two (2) story addition to 124 Campbell Avenue, S.W. and real estate under it is met, need by Mr. Trinkle to re- acquire the five (5) foot wide by 81.5 foot long strip now used for parking is met. Timinq to permit City to establish clear ownership of building addition quickly as to permit marketing of structure(s) is met. Committee not recommend to City Council that it authorize an exchange of properties with Mr. James L. Trinkle regarding properties at 118-124 Campbell Avenue, S.W. 2 of 3 1. Need by City and Mr. Trinkle to clear up real estate problems not met. 2. Timinq to accomplish exchange quickly is not met. Recommendation: Committee recommend to City Council that it authorize an exchange of properties with Mr. James L. Trinkle (Francis Realtors) in accordance with Alternative "A". KBK/RVH/fm Attachments cc: City Attorney Director of Finance Acting Chief, Economic Development James L. Trinkle, Francis Realtors 3 of 3 Director of Utilities & Opera~om July 23, lgg3 Mr. Jamea L. Trinkla C. W. Francis & Son, Inc. 305 - 1st street, S. W. Roanoke, VA 24011 Dear Mr. TrinkleI Enclosed is a copy of city Plan No. 6244. When we last talked about a possible land Iwap involving the old alley behind 118 - 124 Campbell Avenue, you asked if the City would survey the propez~cy and show you a proposed plat. Plan NO. 6244 ia that proposed plat. Mr. Trinkle, if agreeable with you, I will recommend that the City trade you the 5-foot strip of city-owned pro~erty (formerly the alley) behind 118 - 122 Campbell Avenue in return for receiving from you the property behind 124 Campbell Avenue, aa that property is currently occupied by a par~ of the structure of 124 Campbell Avenue, all as shown on Plan NO. 6244, and the right of pedestrian ~assage for City ~loyees or inviteos or propez~y owners/employees of 118 - 124 Campbell Avenue to cross your adjoining property, generally shown as Lots 21 - 23 on Plan No. 6244, until those lots are sold or occupied by improv~nts. Also, we need necessary air rights to maintain the fire escape ladders and oquil~nont on the rears of the structures at 118 - 124 Campbell Avenue. we may proceed with the proposed boundary line adjustment. Kit B. Kiler, Director UtiXities &Operations KBK,afm Attachment cc: Mr. Richazd Hamilton, Roll estate Agent Mr. Phil Spark~, Ac~ing Chief, Bconomic DevelOl~nent Air rights to -m4-~a/n the fire escape 1A4~ and equipment on the rear of the structures will'be gi~ ~til suah time as our lots are Room 354 Mun,opoI ButlO~ng 21 § Church Avenue SW Roanoke Virgln~ 240~ ~ (703) c~81-2002 OA~pBF~LL AX/E..NUE.. I::Z/W ~/APJB.g LCT 2O LO7 Z! LOT 25.02 ' LOT 25 KIRK AVENUI~ 40 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2A011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 1, 1993 File #20-77 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke held on Monday, September 27, 1993, the matter of routing 1-73 through the Roanoke Valley was referred to you for study and report to Council. Mary F. Parker, CMC/AAE City Clerk MFP: sm 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) 981-2341 SANDRA H. EAKIN l~puty City Clerk October 1, 1993 File #1-184 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Resolution No. 31717-092793 electing and appointing you as Director of Finance for the City of Roanoke, for a term commencing September 28, 1993, and expiring September 30, 1994; and ratifying the terms and conditions of your employment as Director of Finance in a certain letter under date of September 27, 1993, from the Honorable David A. Bowers, Mayor. Resolution No. 31717-092793 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 27, 1993. /'-""x ~-~ ~.Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Glenn D. Radcliffe, Director, Human Development Kenneth S. Cronin, Personnel Manager IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of September, 1993. No. 31717-092793. A RESOLUTION electing and appointing James D. Grisso as Director of Finance for the City of Roanoke effective September 28, 1993, and ratifying the terms and conditions of employment as Director of Finance offered to Mr. Grisso in a certain letter. WHEREAS, the City Council desires to elect and appoint James D. Grisso as Director of Finance pursuant to the Roanoke Charter of 1952; and WHEREAS, Mr. Grisso has agreed to accept election and appointment as Director of Finance; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. James D. Grisso is hereby elected and appointed as Director of Finance of the City of Roanoke for a term commencing September 28, 1993, and expiring September 30, 1994. 2. The terms and conditions of Mr. Grisso's election and appointment as Director of Finance shall be as set forth in a letter, dated September 27, 1993, from David A. Bowers, Mayor, to Mr. Grisso, a copy of which is on file in the Office of the City Clerk. 3. With respect to benefits of employment not enumerated in such letter of September 27, 1993, Mr. Grisso shall be accorded such benefits on the same basis as other similarly situated employees of the City. 4. Mr. Grisso shall make arrangements to qualify for office by taking the required Oath of Office as soon as practicable. 5. So long as Mr. Grisso shall hold the office of Director of Finance, this resolution shall be effective until amended or repealed. ATTEST: City Clerk. David A. Bowers Mayor Beverly T. Fitzpatrick, Jr. V/ce-Mayor James D. City of Roanoke, CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 September 27, 1993 Grisso, Acting Director of Finance Roanoke Virginia Council Members: Elizabeth T. Bowles James G. Harvey, II Delvis O. "Mac" McCadden Howard E. Musser William White, Sr. Dear Mr. Grisso: Pursuant to the Roanoke Charter of 1952, on behalf of Roanoke City Council, I am pleased to offer you the position of Director of Finance effective September 28, 1993. This letter and its terms and conditions are subject to and conditioned upon your election by City Council at its regular meeting of September 27, 1993, and adoption by City Council at the same regular meeting of a resolution ratifying the terms and conditions of this letter. If you accept this offer and are elected Director of Finance, your term of office, your duties, responsibilities and powers as Director of Finance and your removal will be governed by the Roanoke Charter of 1952, Constitution of Virginia, Code of Virginia (1950), as amended, and the Code of the City of Roanoke (1979), as amended. The terms and conditions of your employment as Director of Finance shall be as follows: As Director of Finance, you will be paid a base bi-weekly salary of $2,846.15, payable at the same time as other employees of the City. The City shall execute any necessary agreements provided by the International City Management Association-Retirement Corporation (ICMA-RC) for your participation in said ICMA- RC Retirement Plan and, in addition to the salary set out in Paragraph 1 herein, the City shall pay an amount equal to nine (9) percent of your base salary and salary increment for automobile use established pursuant to Paragraph 3 below to ICMA-RC on your behalf, in equal proportionate amounts each pay day, and the City shall transfer ownership to any succeeding employers upon your resignation or discharge; provided that the City's contribution on your behalf to ICMA-RC during any tax year shall not exceed the maximum amount permitted by IRS regulations to be James D. Grisso, Acting Director of Finance September 27, 1993 Page 2 deferred from Federal income taxation during any tax year. Recognizing that the job requirements of the Director of Finance routinely require incurring of travel related expenses in the course of City business, a bi-weekly salary increment of $76.92 will be provided for use of your privately owned or leased automobile in the conduct of official City business. The City shall put into force and make required premium payments on your behalf on a disability insurance policy providing income benefits equivalent to seventy (70) percent of your base salary and salary increment for automobile use for the duration of any disability. If the terms and conditions of this offer are agreeable to you, please execute the Acceptance below and return this letter to me. Naturally, I hope that you will accept, and I look forward to working with you in the service of this City and its people. Very truly yours, DAB/mf cc: David A. Bowers Mayor Honorable Vice-Mayor and Members of Council Mary F. Parker, City Clerk ACCEPTANCE I agree to accept election and appointment as Director of Finance for the City of Roanoke effective Sept~.her 28, 1993, upon the terms and conditions stated in this letter. I understand that this letter and its terms and conditions are conditional upon my election by City Council and City Council's adoption of a Resolution ratifying the terms and conditions of this letter. ,~