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HomeMy WebLinkAboutCouncil Actions 12-20-93BOWLES 31809 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL December 20, 1993 2:00 p.m. AGENDA FOR THE COUNCIL la, Call to Order Roll Call.Council Member White was absenL The Invocation was delivered by The Reverend Troy B. Webb, Pastor, Glad Tidings Assembly of God. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Adopted Resolution No. 31809-122093 recognizing the meritorious services rendered to the City by M. Carl Andrews. (6-0) CONSENT AGENDA (APPROVED 6-0) 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. C-I Minutes of the meeting of the Audit Committee of Roanoke City Council held on Monday, December 13, 1993. RECOMMENDED ACTION: Receive and file. C-2 A report of the City Manager with regard to a proposed Budget Study schedule for fiscal year 1994-95. RECOMMENDED ACTION: Receive and file. C-3 A communication from Mayor David A. Bowers requesting an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1- 344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. A report of the City Attorney requesting that Council convene in Executive Session to discuss actual litigation, being a tort suit filed against the City in the Circuit Court for the City of Roanoke, pursuant to Section 2.1-344 (A)(7), Code of Vir~nia (1950), as amended. 2 REGULAR AGENDA 3. I-1F. ARING OF CITIZF. NS UPON PUBLIC MATFERS: Presentation with regard to activities and services offered through Total Action Against Poverty. E. Cabell Brand, President, Spokesperson. Received and fried. 4. PETITIONS AND COMMUNICATIONS: None. 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: A report with regard to traffic safety. Received and filed. ITEMS RECOMMENDED FOR ACTION: A report recommending acceptance of a grant, in the amount of $13,802.00, from the Commonwealth of Virginia, Department of Health, Division of Emergency Medical Services Rescue Squad Assistance Fund, for the purchase of equipment which will enhance the first responder program. Adopted Budget Ordinance No. 31810-122093 and Resolution No. 31811-122093. (6-0) 3 A report recommending appropriation of $207,922.00 to various City departmental accounts to provide funds for appropriate procurement of Capital Maintenance and Equipment Replacement items. Adopted Budget Ordinance No. 31812-122093. (6-0) A report recommending award of a full services architectural/ engineering contract to Hayes, Seay, Mattem and Mattern, Inc., for design, construction documents and contract administration for the Roanoke City Jail Expansion project, for the lump sum fee of $543,000.00. Adopted Resolution No. 31813-122093. (6-0) A report recommending approval of the selected alignment and terminus points of the new pedestrian bridge between the Hotel Roanoke/Conference Center and the Historic Market Area, thereby enabling Hayes, Seay, Mattem and Mattern, Inc., to proceed with the detailed project design. Concurred in the recommendation. bo 6. A report with regard to the City's Comprehensive Housing Affordability Strategy. Adopted Resolution No. 31814-122093. (6-0) DIRECTOR OF FINANCE: A financial report for the month of November, 1993. Received and filed. 6. REPORTS OF COMMrITEES: A report of the Legislative Affairs Committee transmitting the 1994 Legislative Program. Council Member William White, Sr., Chairperson. Adopted Resolution No. 31815-122093. (6-0) 7. UNFINISHED BUSINESS: None. 8. INTRODUCTION AND CONSIDERATION ORDINANCES AND RESOLUTIONS: OF Ordinance No. 31777, on second reading, permanently vacating, discontinuing and closing a 100 foot portion of Maddock Avenue, lying west of Williamson Road, N. W., located between lots bearing Official Tax Nos. 3080904 and 3080905 on the south, and Official Tax Nos. 3080815 and 3080816 on the north. Adopted Ordinance No. 31777-122093. (6-0) bo Ordinance No. 31778, on second reading, rezoning a tract of land located on the north side of Maddock Avenue, N. W., designated as Official Tax Nos. 3080815, 3080816 and 3080817, and a tract of land located on the south side of Noble Avenue, N. W., designated as Official Tax No. 3080807, from RM-1, Residential Multi-family, Low Density District, to C-2, General Commercial District. Adopted Ordinance No. 31778-122093. (6-0) Ordinance No. 31779, on second reading, permanently vacating, discontinuing and closing two alleys, described as Alley No. One, extending 275 feet from Shenandoah Avenue to Centre Avenue, N. W.; and Alley No. Two, a 260 foot portion of an alley extending from the easterly right-of-way boundary of Alley No. One to a property line dividing Official Tax Nos. 2310710 and 2310711. Adopted Ordinance No. 31779-122093. (6-0) d4 Ordinance No. 31780, on second reading, rezoning a tract of land located on Thirlane Road at Interstate 581, containing 9.9 acres, more or less, identified as Official Tax No. 6530101, from C-2, General Commercial District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioners. Adopted Ordinance No. 31780-122093. (6-0) Ordinance No. 31781, on second reading, adopting and authorizing the Mayor to execute an Agreement between the Town of Vinton, the County of Roanoke, and the City of Roanoke relating to the boundary line between said governmental entities, and directing that certain other actions relating to such boundary line be taken. Adopted OrdinAnce No. 31781-122093. (6-0) Ordinance No. 31782, on second reading, authorizing the issuance of fifteen million seven hundred thousand dollars ($15,700,000) principal amount of general obligation bonds of the City of Roanoke, Virginia, for the purpose of providing funds to defray the cost of capital improvements to the sewer system owned and operated by such City; fixing the fo,tx, denomination and certain other details of such bonds; providing for the sale of such bonds; and authorizing and providing for the issuance and sale of a like principal amount of general obligation public improvement bond anticipation notes in anticipation of the issuance and sale of such bonds. Adopted Ordinance No. 31782-122093. (6-0) 6 Ordinance No. 31783, on second reading, establishing a rate schedule for certain sewage rates and related charges for services provided by the City, effective March 1, 1994, January 1, 1995, and January 1, 1996. Adopted Ordinance No. 31783-122093. (6-0) Ordinance No. 31801, on second reading, authorizing a certain agreement with Appalachian Power Company permitting the installation of underground power lines across portions of City-owned property identified by Official Tax No. 7280102. Adopted Ordinance No. 31801-122093. (6-0) Ordinance No. 31802, on second reading, authorizing the proper City officials to enter into a lease agreement between the City and the Hertz Corporation for use of City-owned property at 1302 Municipal Road, N. W., for said corporation's maintenance, servicing and storage facilities, upon certain terms and conditions. Adopted Ordinance No. 31802-122093. (6-0) Ordinance No. 31803, on second reading, authorizing the vacation of a portion of a storm drain and sanitary sewer easement through property identified by Official Tax No. 2280511 and owned by Danny R. Horsley and Mark K. Clark. Adopted Ordinance No. 31803-122093. (6-0) Ordinance No. 31804, on second reading, authorizing the execution of a deed of easement granting the Roanoke Gas Company a gas pipeline easement across City-owned property identified by Official Tax No. 4150601, upon certain terms and conditions. Adopted Ordinance No. 31804-122093. (6-0) Ordinance No. 31805, on second reading, authorizing and providing for the lease by the City of a structure known as the Villa Heights Recreation Center located at 2750 Clifton Avenue, N. W., to the LOA Area Agency on Aging, subject to certain terms and conditions. Adopted Ordinance No. 31805-122093. (6-0) 9. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor and Members of City Council. Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTHER HF. ARINGS OF CITIZENS: CERTIFICATION OF EXECUTIVE SESSION. (6-0) Reappointed Versal R. Deafing to the Advisory and Appeal Board, Air Pollution Control. Appointed H. B. Ewert as a member of the City of Roanoke Redevelopment and Housing Authority. Appointed J. Granger Macfarlane as a member of the Economic Development Commission. NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. Reasonable efforts will be made to provide adaptations or accommodations, based on individual needs, for qualified individuals with disabihlies in any program or service offered by the City Clerk's Office, provided that reasonable advanced notification has been received. IN THE COUNCIL OF THE CITY OF The 20th day of December, 1993. No. 31809-122093. ROANOKE, VIRGINIA, A RESOLUTION recognizing the meritorious services rendered to the City by M. Carl Andrews. WHEREAS, M. Carl Andrews has tendered his resignation as Chairman of the Mill Mountain Development Committee, and City Council has accepted Mr. Andrews' resignation with regret; WHEREAS, Mr. Andrews has served as Chairman of the Mill Mountain Development Committee since its creation by City Council in 1969, and prior to that served on a similar committee of the Chamber of Commerce; WHEREAS, under the able leadership of Mr. Andrews, extending over twenty-four years, the Committee coordinated extension of the Fishburn Parkway to connect with a Blue Ridge Parkway spur, expansion of parking facilities, construction of restroom facilities, reconstruction of overlook facilities, expansion of the Mill Mountain Zoo, creation of the lovely Wild Flower Garden in conjunction with the Mill Mountain Garden Club and erection of a monument to honor J. B. Fishburn, generous donor of the land comprising Mill Mountain Park; WHEREAS, Mr. Andrews, a retired Editor of the Editorial Page of The Roanoke World-News, has always given generously of his time and talents, having previously served as President of the Rotary Club, President of the Rose Society, Co-Chairman of the Bicentennial Commission and having been the person who the City of Roanoke for All-America City in 1951; and WHEREAS, in all his service, Mr. Andrews has nominated displayed personal characteristics of devotion to duty, loyalty, enthusiasm, tenacity, honesty, integrity and friendliness; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Council adopts this means of recognizing and commending the outstanding services rendered to the City and its people by M. Carl Andrews. ATTEST: City Clerk. CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: December 7, 1993 Wilburn C. Dibling, Jr., City Attorney Mary F. Parker, City Clerk MFP: sm Mr. M. Carl Andrews has resigned as Chairperson of the Mill Mountain Development Committee, effective November 29, 1993; however, it is my understanding that he will continue to serve as a member. The Mayor has requested that you prepare.a resolution acknowledging and expressing appreciation for the service rendered by Mr. Andrews to the City of Roanoke. Attached is a communication from Mr. Andrews listing some of his accomplishments over the past 24 years. If I may provide additional information, please do not hesitate to call me. Enc. Hon. David A.Bowers Mayor City of Roanoke,Va. Dear Mayor Bowers: Today'e Called meeting of City Council's Hill i~ountain Development Committee would seem the appropriate time to offer my resignation as Chairman of the Committee and to suggest a successor. I hav~ held this most important chairmanship since the Committee was created by City Council in 1969 by appointment of your predecessors, Roy Webber and Noel C.Taylor,renewed in June,1993. Prior to that I had served as chairman of a similar committee of the Chamber of Commerce until decision was made to combine the two committees in 1969. Twenty-four years is a long time to hold such a post. I have been greatly honored to serve my City in such a capacity for so long. I have tried faithfully to see that The C~mmittee carried out the wishes of the late J.B.Fishburn as stated in terms of his most g~nerous gift to the City of the mountaintop to serve as a park and recreation area. Fortunate~y,ot~ers appointed to the Committee have seen eye to eye with me over th~ years. The present members are: Elizabeth T.Bowles ,Councilwoman, Robert N.Fishburn,grandson of the donor; Fanny S.Boon, former head of Parks and Recreation;Betty C.Winfree, representing the Mill ~ountain Garen Club; L. Thompson Hanes,representing the Mill ~untain Zoo, and Carl H.Kopitzke,long-time member of the City's Park Study Co~m:~ission. -2- One former member of the Co~:~ittee deserves special recognition: James O.Trout,who served as City Council's representative,who was largely responsible for securing Federal and State funds to build the Fishburn Parkway. I can cite with pride some of the special accomplishments of the Committee during the past quarter century: Enlisting the Mill Mountain Garden Club in creating a lovely Wild Flower Garden. Removal of the old water department caretaker house and insSallation of a new caretaker home. Building the Fishburn Parkway to com~ect with a Blue Ridge Parkway spur. Cooperation in expansion of the Zoo. Enlargement ~f the park and recreation area following destruction by fire of Rockledge Lun, home of Mill Mountain Playhouse, Remodling of parking facilities,including improvements next to The Star. Construction of rest room facilities,long a needed i~orovement. Building of a monument ~o honor I~,~.Fishburn at the parkway intersection. Reconstruction of Overlook facilities near The Star--a gift of The Roanoke Times and ~orld-News. In offering my resignation as Chairman due to health problems,I ~ant to express willingness to assist my successor in all possiblr ways. .~I take this opportunity to suggest the name of I~k .Carl H.Kopitmke as chairman. He has shown tremendous knowledge not only of t3ill ]..~ountain but of all the City's parks problems. Again, I offer ~o continue to serve as a Com~ittee member in any way possible while yielding chairmanship ~o another. Respectfully ~nd ~ineerely, ,ri Andrews MINUTES OF THE AUDIT COMMITTEE OF ROANOKE~,CITY, COUNCILc~[~, ~: Deoember 13, 1993 1. Call to order~ The meeting of the Roanoke City Audit Committee was called to order at 6:40 p.m. on Dece~ber 13, 1993, with Chairman, William White, Sr., presiding. a The roll was called by Mrs. Barger Audit Committee Members Present: William White, Sr., Chairman Mayor David A. Bowers John S. Edwards Delvis O. McCadden Others Present: Robert H. Bird, Municipal Auditor W. Robert Herbert, City Manager James D. Ritchie, Assistant City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Dir. of Utilities & Operations Kenneth F. Mundy, Controller School Board Evelyn W. Barger, Administrative Assistant Thomas F. Baldwin, EDP Audit Supervisor F. Michael Taylor, Audit Supervisor Denise E. Stewart, Auditor Joel Turner, Press EXTERNAL AUDITS~ KPMG Peat Marwick June 30, 1993 Final Reports: A. Evaluation of Municipal Audit Department B. Letter of Reoemmendation on Procedures and Controls C. Comparativa Report Transmittal Forms The motion was made by Mayor Bowers and seconded by Mr. Edwards to receive and file the KPMG Peat Marwick June 30, 1993 final reports. The motion was approved unanimously. Mr. White recognized Mr. McQuade for comments. had no remarks but offered to answer questions. no questions. Mr. McQuade There were Mayor Bowers recognized the good remarks made by Peat Marwick on the Evaluation of the Municipal Audit department. Mayor Bowers and Mr. White thanked Mr. Bird and his staff for a job well done during a difficult year. Audit committee Minutes Page 2 December 13, 1993 Auditor of Public Accounts: D. Clerk of Cirouit Court - Pooled Trust Fund The motion was made by Mr. McCadden and seconded by Mr. Edwards to receive and file the Clerk of Circuit Court - Pooled Trust Fund report. The motion was approved unanimously. Mr. Bird called on Mrs. Stewart, the auditor in-charge, give a brief discussion and answer questions from the Committee. There were no questions. to INTERNAL AUDITS= A. Control Evaluations - Real Estate Valuation The motion was made by Mr Edwards and seconded by Mayor Bowers to receive and file the Real Estate Valuation audit report. The motion was approved unanimously. Mr. Bird called on Mr. Taylor, the auditor in-charge, to give a brief discussion and answer questions from the Committee. Mr. Taylor informed the committee that during this audit we had the advantage of being able to audit against well defined management goals and objectives, and that many of the findings listed in the report relate to weaknesses or inefficiencies that were identified by Mr. Claytor at the beginning of the audit. Because of Real Estate's relationship with other City departments, many of management's planned improvements will involve other departments and will benefit several departments through increased economy and efficiency and better access to information. Mr. McCadden remarked that he thought Mr. Claytor had done an outstanding job on making changes in his department and his long range plans to improve the department. Mr. White asked if the values given to Building Inspection on a Building Permit are the same as the values determined by Real Estate Valuation. Mr. Taylor responded that in the Building Permits audit management planned to take six months to survey other localities in the State on their method of valuing permits. Based on the results of the survey, a new method of valuing permits would be developed. In the Real Estate Valuation audit it has been recommended that valuation changes that are now given to the Commissioner of Revenue also be given to the Building Inspection department so that permit fees can be amended. Audit committee Minutes . Page 3 December 13t 1993 Mr. White asked if it is possible to make changes to a Building Permit fee. Mr. Taylor responded yes. Mr. White asked if changes to Building Permit fees are ever made. Mr. Bird responded that he was not aware of any that have been amended. B. substantive Testing - Personal Property Billing The motion was made by Mr. Edwards and Mr. McCadden and seconded by Mayor Bowers to receive and file the Substantive Testing - Personal Property Billing audit report. The motion was approved unanimously. Mr. Bird called on Mr. Baldwin, the auditor in-charge, to give a brief discussion on the report and answer questions from the Committee. Mr. Bird reported to the committee that he had made contact with the new Commissioner of Revenue Elect per the Audit Committee's request. Mr. White reported that he wanted to keep the communication lines open with our new Commissioner of Revenue Elect. Mayor Bowers agreed with Mr. White and asked Mr. Bird to invite Marsha Fielder, Commissioner of Revenue Elect, to the next audit committee meeting. Mayor Bowers also asked Mr. Claytor to assist her in any way he could to help make her feel part of the City. e UNFINISHED City-Wide Administrative Procedures Mr. Bird reported that the City-Wide Administrative Procedures manual was well under way and that Jim Grisso, Director of Finance, had reformatted all of his procedures and worked very hard with our office to get this project going. Evelyn Barger is reformatting other department memorandums. A meeting is scheduled with OMB to discuss how to issue and maintain this manual. Mr. White responded that he thought this manual would give the City consistent procedures for everyone to follow. He said to keep this manual going and get it finished. NEW BUSINESS: A. Police Property Room B. Police Vice Funds Mr. Bird reported that audit work is completed and reports are being drafted for the February 7, 1994 meeting. &ud~t Committee ~inutes Page 4 December 13, 1993 6. ADJOURNMENT: There being no further business, the meeting adjourned at 6:55 p.m. William White, Sr., Chairman '93 ~._~ 15 ~!1 '.3~ December 20, 1993 Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Proposed Budget Study Schedule - Fiscal Year 1994-95 Dear Mayor and Members of Council: I am writing to advise you of the proposed budget study schedule for City Council for Fiscal Year 1994-95 as outlined in Attachment A. Please review this attachment and contact my office if any of our suggested dates conflict with your schedules. I request that City Council consider the proposed budget study schedule and take action on Monday, January 3, 1994 to formally approve the schedule, so that we may proceed with the budget preparation process in an expedient manner. Respectfully Submitted, W. Robert Herbert City Manager WRH:DSA Attachments cc: Chairman, Roanoke City School Board Superintendent of Schools Assistant City Manager Budget Administrator City Attorney City Clerk Deputy Director of Finance Director of Finance Director of Human Development Director of Public Safety Director of Public Works Director of Utilities and Operations Attachment A PROPOSED BUDGET STUDY SCHEDULE FOR CITY COUNCIL FISCAL YEAR 1994-95 Date April 18, 1994 April 18, 1994 April 25, 1994 May 4 - 6, 1994 May 9, 1994 Budqet Preparation Activities Public presentation of Fiscal Year 1994- 95 recommended budget to City Council by City Manager. Advertisements of public hearings on recommended budget and tax rates appear in newspapers. Public hearings on recommended budget and tax rates - Civic Center Exhibit Hall (7:00 p.m.). City Council budget study work sessions. City Council adopts General Fund, Special Revenue Fund - Schools and Proprietary Fund budgets and approves an annual appropriation ordinance. (;IT'"" Dear Mayor and Members of Council: The attached Calendar of Events for Budget Prep~a~5 Activities is provided as information to Council Members only. It is not part of the agenda package. CALENDAR OF EVENTS FOR BUDGET PREPARATION ACTIVITIES FISCAL YEAR 1994-95 Date November 29, 1993 November 30, 1993 December 20, 1993 December 20, 1993 January 3, 1994 January 7, 1994 January 18, 1994 Jan. 24-28, 1994 February 16, 1994 February 25, 1994 Budqet Preparation Activities Instructions for Phase I of the budget process (preparation of goals and objectives) distributed to program managers by the Office of Management and Budget. Preliminary revenue estimate for local taxes prepared by Director of Finance for School Administration. Proposed budget study schedule for Fiscal Year 1994-95 forwarded to City Council. Governor presents State budget to General Assembly. City Council adopts budget study schedule for Fiscal Year 1994-95. Phase I budget packages due in the Office of Management and Budget. Preliminary revenue estimates for major revenue categories prepared by Director of Finance. Budget briefing sessions for program managers held; instructions for Phase II of budget preparation (budget instruction manual update, departmental budget planning figures, computerized budget forms and special budget instructions) distributed to program managers by the Office of Management and Budget. Phase II of program budget submittal packages due in Office of Management and Budget. Review of program budget submittal packages by the Office of Management Budget staff for accuracy and completeness; packages returned to program managers for any necessary corrections. and March 1, 1994 March 11, 1994 Budget sessions for program managers and School Administration with Budget Preparation Committee begin. Budget sessions for program managers and School Administration with Budget Preparation Committee end. March 12, 1994 March 14, 1994 General Assembly completes work on State budget; impact on City budget determined. Preliminary revenue estimates updated by Director of Finance. March 15, 1994 March 16 - April 1, 1994 April 4, 1994 School Administration budget received by City Manager. Work sessions with City Manager, Budget Preparation Committee and Directors to balance Fiscal Year 1993-94 budget. Recommended budgets balanced, School Administration funding recommendation. including April 11, 1994 April 12-14, 1994 April 15, 1994 April 18, 1994 April 18, 1994 April 18, 1994 April 18, 1994 April 18, 1994 April 25, 1994 Recommended budget computer printouts distributed to program managers. Preliminary briefing of City Council on Fiscal Year 1994-95 recommended budget. Recommended budget document delivered to City Council members. City Manager briefs department managers on recommended budget. Recommended budget documents distributed to program managers. City Manager's press conference to release recommended budget. Public presentation of Fiscal Year 1994- 95 recommended budget to City Council by City Manager. Advertisements of public hearings on recommended budget and tax rates appear in newspapers. Public hearings.on recommended budget and tax rates - Civic Center Exhibit Hall (7:00 p.m.). May 4 - 6, 1994 May 9, 1994 City Council budget study work sessions. City Council adopts General Fund, Special Revenue Fund - Schools and Proprietary Fund budgets and approves an annual appropriation ordinance. June 9, 1994 Adopted budget made available for public inspection. June 9, 1994 June 9, 1994 Adopted budget documents printed and distributed to program managers. Letters mailed to outside agencies advising them of status of funding requests. 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 December 20, 1993 The Honorable Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1- 344 (A)(1), Code of Virginia (1950), as amended. Sincerely, David A. Bowers Mayor DAB: se CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 703-{~1-2431 WILBURN C. DIBLING, JR. December 20, 1993 '93 [,?, 20 /~1t :46 WILLIAM X PARSONS STEVEN J. TALEVI KA'IHLEEN MARIE KRONAU GLADYS L. YATE$ The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for Executive Session Dear Mrs. Bowles and Gentlemen: This is to request that Council convene in Executive Session to discuss actual litigation being a tort suit filed against the City in the Circuit Court for the City of Roanoke pursuant to S2.1- 344(A)(7), Code of Virginia (1950), as amended. With kindest personal regards, I am Sincerely yours, Wilburn C. Dibling, Jr. City Attorney WCD:f cc: W. Robert Herbert, City Manager Mary F. Parker, City Clerk Education Employment Health Hou~ln~ and Ne~thor~ands Development Crime Prevention Cahell Brand Georgia Meadows Elizabeth Bowles Theodore J. Edllch, m John Berry Sarah Bostic Pauline Brewer Ehnore Dennis Ted Feianur John Fishwtck Jeanne Goddard Charles T. Green Marilyn Greene Calvin Johnson ~/ A. C. Jordan Hllda Larson Gertrude Logan Dorothy Mandenhall Rosa MDler Meredtth L. Mills Paul Moyar Lewis Nelson Sally Rarncy James E. Reynolds Leonard Rose, Jr. Paul St. Clair Linda Scruggs William Skeen Elizabeth Stokes George Taylor Flosine Thornhl~l W. D. Ward George Warren Nancy Wllllaros Post Office Box 2868 Roanoke, Virginia 24001-2888 (703) 345-6781 Pax (703) 345-4461 SERVICES PROVIDED TO CITY OF ROANOKE LOW-INCOME RESIDENTS 1992-93 CHILDREN AND YOUTH PROGRAMS Head Start 409 Children TAP operated 16 classrooms in Roanoke City. Services to the parent and family outside the classroom include workshops and seminars in various areas, such as parenting and the Parent Policy Council. Additional staff provide support through intervention, case management, etc. There have been 11,500 children served since 1965. Comprehensive Health Investment Project 746 Children Children enrolled in CHIP received comprehensive medical and dental health care. To ensure the best possible service delivery of care, development and support for both the child and family, medical personnel, intervention specialists, case mangers and other personnel worked one-on-one with the families of each child enrolled. Over 1,200 children have beenJ~served in the last 3 years~ Summer Youth Employment Program (SYEP) 222 Youth Youth aged 14-21 were placed in summer jobs with government or non-profit agencies, or experienced specialized accelerated educational classrooms or workshops for _<10 weeks for _<30 hours per week at minimum wage. Over 6,250 youth have been served since 1965. Project Discovery 75 Youth First generation college bound and /or minority students in Middle School and older are provided educational programs, adventures and experiences to better prepare them for entry into post-secondary school. Proven to be a most successful drop-out prevention program. Over 2,000 students statewide attended college. Drama Camp 12 Youth Youth experienced many facets of theatre and performing arts in specialized program, including a production put on by the attendees. General Education Development (GED) 36 Youth Basic education program through classroom, tutoring and individual study leading to GED exam needed to attain high school equivalence diploma. 4,120 students served since 1965. Drug Elimination 34 Youth Workshops, education and experiences designed to educate and prevent drug use and abuse. 4,450 clients served since 1965. ADULT EDUCATION AND EMPLOYMENT TRAINING Literacy Pre-literate adult classroom program. work and one-on-one 22 Adults tutoring General Education Development (GED) 228 Adults Adult Basic Education provided through classroom, tutoring and individual study leading to GED exam needed to attain high school equivalence diploma. 2,670 clients served since 1965. Vocational Education 62 Adults InfoTech offers a course of study to students wishing to become proficient in computer usage, business office practices and accounting. Customized Job Training provides both classroom training for specialized positions and on the job training with partner businesses seeking to fill those positions. 8,535 clients served since 1965. HOUSING Weatherization 263 homes Weatherization performs insulation and other work to make homes more energy efficient. Approximately 6,000 homes have been weatherized since 1965. Rehabilitation and Repair 98 homes Through a variety of programs, Iow-income housing stock is repaired and rehabilitated to keep the home safe and affordable for Iow- income owners and tenants. 2,140 homes have been rehabilitated. SHARE-HIP 57 Families A homeless prevention program were Iow-income home-owners or renters in danger of becoming homeless through financial crisis are provided the resources to keep their home. Financial assistance may be either a loan or a grant depending on individual situations. HUD Counseling 46 Families A Housing and Urban Development counseling program which works with families in financial or other housing difficulties and links them to the appropriate services needed to resolve existing problem. 1,500 families have been served since 1965. CRIME PREVENTION VA CARES - TAP Offender Services 170 Ex-offenders Offender services include workshops, group and individual counseling employment placement, career counseling, housing services, meeting food and clothing needs and transportation services for newly released ex-offenders as they seek huusing, employment and other services necessary to their successful re-entry into the community. Over 3,000 served in ex-offender service programs since 1965. Family Counseling 85 families Support to families of ex-offendars .brough workshops, counseling and group sessions to assist them i'~ understanding the problems faced by both the ex-offender and the family before and during re- entry into the community. Transportation for visits to incarcerated family members is also provided. HUMAN RESOURCES High Risk Drug Prevention 417 Persons At-risk Provides education, assessment and referrals to persons considered to be at-risk of drug use or abuse. Work is done in shelters, TLC and in other situations. Women's Resource Center 195 Women Provides support, emergency assistance and counseling to abused, displaced or battered women and their children. Over 6,400 women served since 1965. Transitional Living Center 250 Persons Long-term transitional housing and comprehensive services designed to transition individuals and families from homelessness to self- sufficiency. These services include: case management, employment and education placements, substance abuse counseling and referrals, etc. Over 800 Roanoke homeless served since 1988. Southwest VA Second Harvest Food Bank 639,531 pound., 30,000 square foot warehouse and distribution center. Receives, checks, distributes and accounts for food donated through USDA, national, regional and local fooc distribtuors and retailers. Through 152 Member Agencies in the City of R.~anoke, the Food Bank provided 426,354 meals to hungry Raonci:e City residents in 1992-93. Over 10,000,000 pounds of food distributed since 1966. Following are some populations figures and projections based on 1990 Census Data. (Virginia Statistical Abstract) Population figures - City of Roanoke 97,062 Total 6,835 Pre-school 16,857 School Age 29,490 50+ *According to the Task Force Report, more ',han 50% of children entering the Public School system are at or below poverty level. Total poverty population in Roanoke is approximately 18%. RoanoJ~ City Cash contribution to Total Action Against Poverty for '92-93 is ~220,000.~J These funds leveraged six times from other local revenue sources"an(~ helped leverage 45 times from all sources. In the 28 year TAP history, TAP has brought over $25,0ee,000 in outside resources to deal exclusively with problems of the poor. 23,395 Black 1,760 Other Population 81,000 16,711 22,332 projections for July 2000 Total Children 50+ Employment - 1990 Census 54,687 estimated civillian labor force 51,972 actually employed at time of census nearly 5% of the civilian labor force was unemployed '93 Di!~ 15 ,~lt :'32 Roanoke, Virginia December 20, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Please reserve space on Council's agenda on Monday, December 20, 1993, for a Briefing from the Police Department concerning Traffic Safety. Respectfully submitted, W.~o~rt Herbert, City Manager WRH/hw cc: City Attorney Director of Finance Public Safety Director TRAFFIC BUREAU FACT SHEET 4. 5. 6. 7. 8. i1. 12. 13. 14. ROANOKE CITY HAS 99 BRIDGES AMONG THE APPROXIMATELY 500 MILES OF CITY STREETS. 31~115 DRI%~ERS LI%q~ AND ;~ORK IN ROA~Of~E CITY. THERE ARE 13,691 OUT~COMIvIUTEE~5-' AND 40,200 iN-COMMUTERS. THE}~E ~ 69,[)00 LICENSED DRIVERS AND 79,000 REGISTERED VEHICLES IN ~{OANOKE CITY. 237 PARADE PERMITS WERE ADDRESSED IN 1992. TRAFFIC OFFICERS INVEST]GATE 300 TO 400 ACCIDENTS PER MONTH. ONE OFFICER FOLLOWS-UP ON 900 HIT AND RUN ACCIDENTS PER YEAR. 300 TO 400 VEHICLES ~ IMPOUNDED PER YEi~R. TWO (2) OFFICERS SERVE 27,500 COURT SERVICE PAPERS PER YEAR. COMPAr~ATIVE FIGURES OF INVESTIGATED OFFENSES BY ROD/gOKE CITY POLI CE DEPARTMENT D~IRING THE. I21ST FOUR {4) YEARS (1990-93): HOMICIDE 47 CASES BURGLARIES 5,159 ROBBERIES 908 TOTi~L 6,067 ECONOMIC LOSS TO CITY: BURGLARIES $2,766,235.00 ROBBERIES $ 343,107.00 TOTAL $3,109,342.0D TI-'_AFF1C ~iATAL1 TIES INJURIES 2,336 TRAFFIC ACCIDENTS 22,5]9 TRBFFIC ACC]DENTS $37,061,761.00 SINCE 1985, 45 OF THE ~ TBAFFIC FATALITIES I~VO[.VED ALCOHOI,-I~PA!RED DRIVERS. 32 OF THE 45 FATi~ITIES WERiZ UNDER THE AGE OF 40. THEP. E P!AVE BEEN FOUR (4) ALCOHOL-RELATED DEATHS IN ]993, ALL UNDER THE AGE OF 30. $30,000.00 STATE TRANSPORTATION SAFETY BOARD GRANT. RINCE NOVEMBER 20, 1993, THIS GRANT HAS ADDED AN ADDITIONAL 80 OFFICERS ON THE STREET FOR DUI ENFORCEMENT, RESULTING IN 43 DUI ~RESTD h/gD A TOT~%_L OF 162 ENFORCEMENT ACTS. MARY F, PA~gF~ City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2~11 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk December 23, 1993 File #236-70-354-270 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31811-122093 accepting a certain Rescue Squad Assistance Fund Grant offer made to the City by the Department of Health of the Commonwealth of Virginia, in the amount of $13,802.00, and authorizing execution of any required documentation on behalf of the City. Resolution No. 31811-122093 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 20, 1993. Sincerely, ~d_~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. pc: Robert B. Stroube, State Health Commissioner, Virginia Department of Health, P. O. Box 2448, Richmond, Virginia 23218 Dr. Carol Gilbert, Operational Medical Director, Roanoke Memorial Hospitals, P. O. Box 13367, Roanoke, Virginia 24033 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance George C. Snead, Jr., Director, Public Safety Wanda B. Reed, Manager, Emergency Services Rawleigh W. Quarles, Fire Chief Diane S. Akers, Budget/Management Analyst, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, The 20th day of December, 1993. No. 31811-122093. VIRGINIA, A RESOLUTION accepting a certain Rescue Squad Assistance Fund Grant offer made to the City by the Department of Health of the Commonwealth of Virginia and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the offer made to the City by the Department of Health of the Commonwealth of Virginia of a Rescue Squad Assistance Fund grant in the amount of $13,802.00, such grant being more particularly described in the of the City Manager, dated December 20, 1993, upon all the provisions and conditions relating to the receipt of such report terms, funds. 2. The City Manager or the Assistant City Manager is hereby authorized to execute, on behalf of the City, any documentation required in connection with the acceptance of such grant and to furnish such additional information as may be required by the Commonwealth. ATTEST: City Clerk. MARY F. pAl~lCEa City Clerk, CMC/AA~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAI~N Deputy City Clerk December 23, 1993 File #60-236-70-354-270 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Orisso: I am attaching copy of Ordinance No. 31810-122093 amending and reordaining certain sections of the 1993-94 General and Grant Fund Appropriations, providing for appropriation of $13,802.00, in connection with acceptance of a grant from the Commonwealth of Virginia Department of Health, Division of Emergency Medical Services Rescue Squad Assistance Fund, to purchase equipment to enhance the First Responder Program. Ordinance No. 31810-122093 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 20, 1993. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm El'lC. pc: W. Robert Herbert, City Manager George C. Snead, Jr., Director, Public Safety Wanda B. Reed, Manager, Emergency Services Rawleigh W. Quarles, Fire Chief Diane S. Akers, Budget/Management Analyst, Office of Management and Budget Government of the exist. THEREFORE, IN THE COUNCIL OF THE CITY OF ROANOKEv VIRGINIA The 20th day of December, 1993. No. 31810-122093. AN ORDINANCE to amend and reordain certain sections of the 1993-94 General and Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 General and Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Grant Fund A ro riations Public Safety Rescue Squad Assistance FY94 Revenue Public Safety Rescue Squad Assistance F¥94 ~und A ro riati ns Nondepartmental Transfer to Other Funds Fund Balance Capital Maintenance and Equipment Replacement Program - City Unappropriated (1-2) ................ (3-4) ................. (6) ...... $ 1,219,898 27,604 1,219,898 27,604 $46,424,067 45,462,657 1,412,505 1) Expendable Equipment (035-050-3340-2035) $ 6,618 2) Other Equipment (035-050-3340-9015) 20,986 3) Rescue Squad State Funds (035-035-1234-7158) 13,802 4) Rescue Squad Local Match (035-035-1234-7159) 13,802 5) Transfer to Grant Fund (001-004-9310-9535) 13,802 6) CMERP - City (001-3323) (13,802) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia December 20, 1993 The Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Acceptance of Rescue Squad Assistance Fund Grant Dear Members of Council: ae March 1. 1991, a Fire Department EMS First Responder ProGram was implemented at Fire Stations 4 (Deyerle Road) and 11 (Garden City) area. Be Amril 21, 1992, a Fire Department EMS First Responder Proqram was implemented at Fire Station 14 (460 East). February, 1993, a Fire Department EMS First Responder Proqram was implemented at Fire Station 13 (Peters Creek Road). De November. 1993, a Fire Department EMS First Responder ProGram was implemented at Fire Stations 2 on Nobel Avenue. Response times have been improved to medical emerqenciem in the above areas by as much as 3 to 4 minutes. Fe A 50/50 Grant has been requested and approved from tho Commonwealth of Virqinia, Department of Health, Division of EmerGency Medical Services, Rescue Squad Assistanco Fund to purchase three (3) additional automatic defibrillators and nine (9) sets of medical equipment which will enhance the first responder program. II. Current Situation: ae Four of the City's thirteen enqine company's are equipped with the required medical equipment to provide EMS first. response. Be Level of service is not consistently beinq provided city- wide. Citizens living in the Peters Creek, Deyerle Road, Garden City and 460 east areas receive a higher level of service. Mayor and Page 2 of Members of City Council 3 Response times to medical emerqencies are dependent on ambulance availability. Extended response times occur to life threatening emergencies when first due ambulance is out-of-service on another emergency call. Specialized medical equipment is required by the Statn Office of Emeraencv Medical Services for fire enqines to provide EMS first response. This equipment is identified in the Rules and Regulations of the Board of Health, Commonwealth of Virginia, governing Emergency Medical Services section IV.2A. See attachment "A". Rescue Squad Assistance Fund 50/50 (RSAF) Grant has been received in the amount of $13,80~ to purchase three (3) automatic defibrillators ($10,493) and nine (9) sets of medical equipment ($3,309). See attachment "B". RBAF reimburses agencies based on actual expenditures. Bids received for above equipment were less than state allocations. Matchin~ funds in the amount of $13,802 are available through the Capital Maintenance and Equipment Replacement Program (CMERP). III. Issues: A. Level of ~ervice B. Fundinq IV. Alternatives: City Council accept the 50/50 qrant in the amount of $13.802 from the Commonwealth of Virqinia, Department of Health. Division of Emergency Medical Services Rescun Sauad Assistance Fund (RSAF). Level of service - City responds to 14,820 emergency medical responses annually. This equipment will be utilized to ensure prompt care to patients suffering from life threatening ill- nesses/injuries. 2. Funding - City's share of $13,802 to purchase this equipment must be identified. Mayor and Members of city Council Page 3 of 3 City Council does not accept the 50/50 ~rant from RSAF. Level se vice would not be enhanced in the areas of the City identified in IV. A. 1 above. Funding - City must provide total funding of $27,602 for this equipment if grant is not accepted. V. Recommendation[ City Council adopt a resolution acceptinq the qrant from the Commonwealth of Virginia, Department of Health, Division of Emergency Medical Services Rescue Squad Assistance Fund and authorize the City Manager to execute the grant agreement. ~ State funds of $10,493 to grant fund account 035-050-3340-9015 and $3,309 to grant fund account 035- 050-3340-2035 and increase the Grant Fund revenue estimate in the amount of $13,802. ~ local matching funds from General Fund CMERP in the amount of $10,493 to grant fund account 035-050- 3340-9015 and $3,309 to grant fund account 035-050-3340- 2035. Respectfully submitted, W. Robert Herbert City Manager Attachments (2) WRH/WBR/cw cc: City Attorney Director of Finance Director of Public Safety Manager of Emergency Services/EMS Fire Chief ATTACHMENT ~A" 23 F. T-~pecfion - All EMS veh/cles shall be subjec: ~, and available for, Lnspec:ion by :he Co,,,-,~s/oner, or ]mis des/g~ee, for compliance these regular/ohs. ~uch inspect/on ~h~]l be in add/~/on to otJaer FedersJ, ~tate, or local ~m*pec:ions requ/red for the EllIS veh/cle by law. The Co,-,-~s/oner tomy conduc~ such ~,,~pec~:/on a: any ~-e and without pr/or 4.2 Clasaiflcat'Jon of ~ Vehicle~ All EI~S vehicles sha~ meet or exceed the m+~'/~lm st~.uciards of one or more of the following ~!--,ses (see Affra~ment Par: tv, page 123): A. Class A - The lmmeclia~e l~sponse Vehicle sh~U be c/assified as a Class A EMS vehicle. 1. Capabilifie~ a. The Class A E!~S veh/cle is an opt/om.l ~mit intended solely for the i~--~edia~e a~cl/or log/sric response to the location of a call for the del/very of life suppor~ u.n~il the arr/val of a class of E]dS Vehicle wh/ch is des/g~ed for pafieni; care ~ud b. Such EM~ veh/c/e may be u~ili~ecl for the del/very of advanced life support until the arr/val of a class of EMS veh/cte which is designed for pa~/ent ~a~spor~a~/on provided ~h~t: ii; is so equipped and sta/~ed. The Class A EM~ veil/cle shall noi; be u~li~ed for rJ:e t~--~p, or~afion of pa:ien~s excep/; in the case of a major 2. Vehicle Spec/flc~/:/ons . The Class A E,'V~ vehicle sh~{1 mee~ or exceed the following r-i.~r, um requ/rements: a. Design and Dimensions (2) Safety belts sh~l] be provided for all persons r/ding in front seats. 23 (3) If the EMS vehicle is u~l~ed for the delivery of adv~uced Life support then the i~t~rior design shall include a lo~hle storage compa~.,-ent for a me.ca,on kit w~th supplies. b. Vehicle (1) The ~--.~or portion of the body of the Class A EMS vehicle ~.11 be one of three approved s~e~ ~1o~: b~, M~ly ~ble ~des of w~, ye~ow, o~e, ,h~ll be p~ ~o~d~ a~ le~ ~ pe~en~ of ~e bo~y ~-~, ~e app~v~ s~e~ color or colo~. (2) All let~ring ,,h.ll be a m~-~muzn of three roches in height- except for that let~ring which rosy appear as part of ~u origination logo or eml~Lem. (3) The word "Ei~'~OENC'~' S~11 appear b~ two pl~ces ~ ~e ~S v~e. M ~s le~g is placed on ~ ~nt h~d of ~e ~ v~e it ~ be ~ ~ le~. (5) V-1,~cles ~h~t are Licensed as emergency vehicles with a pr~,~=~y pu.,-pose other tha~ the delivery of EI~I~, i.e., ~xre apparatus, ~11 not be required to meet (1-4) of ~.~ 24 25 c. Wa~;ng Device~ (1) Emergency war~,.g l~ghts other t~-,. the required emergency ~e~ ~d ~ app~ved by ~e Supe~den~ of ~ S~te Ponce s~ be ~m ~ fo~ sides of'~e E~S veMde. A m~ of of ~ ~ veM~e below ~e level of ~e ~d~Meld ~d above ~e l~el of ~e b~per. (2) One or more aud/ble war~E' devices as approved by ~he Superintendent of V'u~',.~ State Police ~h~tl be installed as ~o provide adequate au~ble wa~. cl. CommuniCatiOn's (1) All Class A Ei'v~ vehicles sheJ.l be required to have c~mm~-~ca~ions equipment which shall provide ~he follow~.~ com~n-,.~cat~on capahili~es: '(a) Voice com,-,-.~ca~ions bet'ween the EMS vehicle and ~he base of oper'a~ions; (b) Voice com,~,,,.~cations between the EMS vehicle and other EMS vehicles of the same EMS agency for which ~ requirements applies; (2) Such comm,,~cat~ons equipment ,~h~11 be opez~l:ionnl ~.u.d ~mpa~ble ~ ~e E~S ~,,~;~o~ ~m ~ set fo~ ~ ~e E~IS (3) If ~he EMS vehicle is u*~ed for the delivery of advanced life ~np~ ~en ~e com~=~o~ ~es ~hnll ~Mnde ~o co~n~ons, be~n ~e a~t-m-~h~e ~d ~e me~c~ fa~ ~ ~e pa~en~ or a cent~ me~ con~L. 2~ 3. Equipment and Supplies - The following equ/pment and suppl/es or ~he equ/va/ent-~ approved by ~.he Commissioner sk~!l be requirect for all C~ass A E,%L~ ve~/ctes ,,,~]ess o~.herw'i, se indicated: a. Basic LAfe Suppor~ Equ/pmen: and Supplies - The following equ/pment and supplies aha/1 be carried on the ~ vab/cte: (1) Oroph-,3mgeal airways m-4e of plastic in ~f~:. chilch and ad=t: sizes, (sAzes 0-~), (2 each). (2) ~outlx gag or bit stick made of wood or plasl/c (3) W-,~4 operaU~t bag-m~k resuscitator w~h adu/t and ~h~14 see-t. Erough mask (1). This unit shall have · an intake at~a~hw, ent for connect/ng an ercerna~ oxygen supply ~ha~ will cteliver 100% ox'y~en. (4) OxTgen Appa.r~ (a) A por~.ble oxygen un/t co=~-~S a quantit7 of oxygen suf~cient ~3 supply ~b.e patient at appropr~f~ flow ~ for ~e pe~o~ of ~e ~~ o~ ~ be ne~. but no~ less ~h~, ~ (10) ~ per m~u~ for ~een (15) ~-u~s (1). ~s ,~t sh-B be ~pable of flow ~. (~) Suc~on Apparanu (a) A potable apparatus capable of providing m~n~im-m vacu,~- of ~ ~es of me~ ~d ~ ~ flow of over 30 ~te~ per m~u~ at ~e 27 (b) Catheters wkich axe sterile, /nd/~/duall¥ wrapped, ddsposable, '&ud msde of rubber or soffc plast/c (2 for each un/t). R~commendsd sizes are as fotlows: Tonsil Tip, #14 and #16 French catheter for adu/ts and #6 and #8 French catheter for ~h~ldmen and /nfs. uts. (6) Stethoscope and Sph)~mo,~-ometer (1 each; ped/a~/c, adv.[t, and large adu/t sizes). (7) (a) Tra-,-- dressing, approximately 8"x10" - 5/8 ply when folded, s~rile, and/nd/v/dually wrapped (4). (b) Gauze pads, 4"x4", sterile and /nc~v/d.~,~Ny ram d. (c) Occlusive ~ressing. (8) Bandages (a) Roller or conforvn~,,~ gau~e type /n 2", 3", or 4" width (12 totmD. lb) Trian~H.- or cravat type, tri~e unfolded (10). (9) Tape (4 r~lls) (10) BavJ-ge sc/ssors, 1/ster type (1 pair) (11) ~[or~-I s-H-e, sterile, topica~ lO00cc (12) Poison Ant/dote Supplies (a) Syrup of ipecac (1 ¢on~-er). (b) Suspension of acl/vated ehuvcoal (1 COD f~er). (13) Rigid cerv/cal collars (1 Svn~ll, 1 medi-~-, and 1 27 28 (14) Bl--~ets, appro-~mately 72"x108" (2) (lS) FirsZ ~id K/t - du~ble cons~c~on and su/tahly equipped (1). The content~ of this ki: r~,y be u~ed to satiny, in whole or in pa~, the above supply requirement. (16) Obe~en-ics/ El: (17) CDC recommended protec~ve gloves (i~ ~,-~t~ties s,,~cient for all personnel on the u~it). b. Advance~ L~e Suppot~c Equipment ~ud Supplies .If the EMS vehicle is u~l~-ed for the deliver7 of advanced life suppor~ then the following additio~mL equipment a~d supplies · h.ll be carried on ~ae ~ vehicle, except where authorized by the Division through a~ A/C permi~ (1) E~ec=oca_-~io~phic monitor (1). {2) Defibril~-tcr (1). (3) Esoph~2~al obtur~tor airway (2), or equ~v~ent approved b7 the Com,~ssioner. (4) Constrict/on ba.ucts (4). (5) Arm boards (2). (6) Alcohol preps. The specifications s. ud q~,--t/t/es of the following supplies · h.ll l~e de,ertl-ed by the Opera, o,.-! .'~ec~cal Director within the advanced life suppor~ ser'~ce s.rea of the vehicle. (7) Sterile needles in assot-~c[ sizes (8) Sterile s~ri~ee in assorte~ sizes. (9) IV mbin~ with microd.~ip appliance, sterile. (10) IV solu:ion.% sterile. 28 29 (11) A medication k/t con~g aA] medical/ohs deemed necessary by ~he Operational ~edical Director. The following equipmen~ and supplies may be carried on ~he E~L~ vehicle as dearer-ed by ~he Opera~io~l ~ed~ca~ Direc~r w~h~ ~he advanced li~e supper~ service area of ~he EMS vehicle. (12) LamTngoscope w~h assorted blades. (13) Endo~acheal and m-~otmacheal robes ~ assor~ed s~zes wi~h ad~ptere, s~rile a~d ~ivid,~,l]y wrapped. (14) Crico~hyro~omy needles, 12 gauge x 3/4 ~ch. (15) Gastmic lavage equipment. c. Safe~y Equipment (1) Flares, highway ~Tpe (6) (2) Flashlight (1) (3) Fire ew~=~isher, ~ve pound A~C, or equiva~en: (1) (4) CDC reco~e~'ded ha~d cleaner m q~ies s~c/en~ for use by sJ~ personnel wor~g B. C1-~ B - The Basic L~fe Suppor~ Vehicle ~h~ll be classi/~ed as a Class ]5 EMS vehicle. 1. Capabilities a. The Class B F-~MS vehicle is primarily/n~nded for ~e response to ~e location of a ca~, for ~he delivery of basic ~e suppor~, ~d for ~e ~po~on of pa~en~ w~o su~ ~. 29 3O b. The Class B EMS vehicle s~,,ll nos be u~ed for the delivery of adv~ ~e suppo~ wM~ ~q~es ~e ~e of ~ac mo~ ~d ~~on of EKG's ~ ~s~fion of me~o~ based upon ~ ~e~re~on ~d st=~E o~e~ or p~cols. c.. The Class B ~ vehicle '~=7 be u*l~,-ed for the care a=d tm~,~,porta~ion of pa~en~ who ~ less ~-~ basic ~e m~ p~d~ ~t ~ ~en~ for ~e opera,on of s~ ~ v~e ~ue ~ be ~ cL The Class B E!~S vehicle may be u~l~ed for the prehaspital care ~ud tm~.~perta~ion of patients u~der the e. In~ravenous Flu/ds on Class B vehicles (1) The Class B EMS veh/cle may be u~lized for the care a.~d tr~-.port~ion of pa~ mcei~g ~ve~ fl~ ~ no add~ m~ons where · e ~ is a non~me~en~ ~e~a~ =~spo~ pa~ ~ ~e ~ of ~ ~-~ (2) The Class B ~ vehicles rn.y be u~ilized for the [nterfa~ty care &nd t~-~--,por~at~on of patients receiving intmavenous fluids with or withou: medications added where the pa~en~ is u~2der the care of a Shock Tre,,,-,o Te~,'~,~ Cax~i~c Tec~-~an, or Paramedic who is ac~g u=der protocol fi-om the O~ID with or withouZ el,ending orders fr~m sending (3) The Class B ~ vehicle may be ~*l~ed for the inf~-fadl/~y care and t:r~-.portat/on of patfien~s receiving/ntm-avenous flu/ds with or withou~ med/ca~ons added where the pa~/en~ is u~der the care of a Ragisl~red Nu~e ac~,~ u~der protocol fr~m the 3O ATTACHMENT COMMON,WEALTH of VIRC INIA ROBERT B STROUBE, M.D., M.~.I'4. Deparlmenl of Heallh STATE HEALTH COMMISSIONER P 0 BOX 2448 RICHMOND VA 232~8 June 25, 1993 Ms. Wanda B. Reed Roanoke City EMS 215 Church Avenue, S.W. Roanoke, VA 24011 Dear Ma. Reed= Congratulational It is my pleasure to announce that your agency is the recipient of an award from the Rescue Squad Assistance Fund Program. Please refer to the attached page for the actual awards. Enclosed you will also find the Grant Re{mhursement Instructions, the Agreement Form, the Serial Number Form and the Final Report Form. To request reimbursement for the funds awarded to your organization, please follow the procedures listed on the Grant Reimbursement Instructions. BEFORE PURCHASING ANY EOUIPM~NT, PLEASE COMPLY WITH ANY GRANT CONDITIONS THAT MAY BE LISTED ON PAGE TWO OF THIS LETTER, aa non-compliance may result in your agency NOT being reia~bursed for the conditional grant award itemstll Any correspondence or invoices must include the grant application (also called the grant number) referenced on page two, for timely processing. In accordance with the Virginia Rescue Squad Assistance Act, these funds can be used for approved ex~enditures during the July 1, 1993 to June 30, 1994 Grant Period. However, it would be in your agency's best interest to purchase your award items by December 1993 for the best price advantage - but in any case NOT LAiR ~ ~ If you have any questions, please contact Carol Morrow, RSA~Grant Probram Manager, at the Division of EMS - (804) 371-3500 or 1-800-523-6019. Robert B. Stroube M.D., M.P.H. State Health Com~iasioner Attachment AWARD PAGE Rescue Squad Assistance Fund July 1, 1993 - June 30, 1994 Grant Period Agency Name: Grant Title: Grant Number: ROANOKE CITY EMS General WV-G1 ITEMS REQUESTED MISC-1ST RESPONSE EQUIP QUANTITY FUNDING STATUS FUNDED % LEVEL FUNDED i 50 AMOUNT FUNDED $3,839.50 3 HEARTSTART 3000QR FUNDED 3 5O $10,498.50 Total $14,338.00 CONDITIONS: None. RBSCUB SQUAD ASSISTANCE F~ND INSTRUCTIONS FOR GRANT REIMBURSEMENT Read, complete (all items MUST be completed) and submit the A eement Fo within sixty (60) days after receiving the Award Letter. The Office of EMS will keep this form on file. Purchase equipment or item(s) awarded as stated in the Award Letter signed by the Health Commissioner. You must comply with any conditions listed on the Award Letter and the Agreement Porm. This purchase(s) MUST be completed prior to the end of the Grant Period. Grant periods are twelve (12) months in length and expire on either 12/31 or 6/30 of each year. Check your Award Letter to confirm your Grant Cycle dates· Submit an itemized, dated bill or itemized, dated, numbered vendor invoice tothe Office of EMS for payment consideration. This must be followed by a numbered, dated, itemized invoice, and contracts must be received no later than sixty (60) days after the Grant Period has expired. Any grant that has not been paid out within sixty (60) days after the Grant Period ends, will be considered to have expired. Submit the B~ioment Serial ~,mher Por~ to the Office of EMS within sixty (60) days after the equipment or item(s) are received at your agency. Most equipment will have a serial number - note that on the form. The project must be completed and/or the equipment in service within sixty (60) days of the final disbursement of awarded funds, but NO LATER than sixty (60) days after the end of the Grant Period. A Final Report Form must be completed and submitted to the Office of EMS within sixty (60) days ofthe final disbursement of awarded funds, but NO LATER than sixty (60) days after the end of the Grant Period· Items awarded under the Rescue Squad Assistance Fund can not be sold, transferred or disposed of within three (3) years of purchase, without prior approval of the Office of EMS. Any questions regarding the Rescue Squad Assistance Fund may be directed to Carol Morrow, RSAF ProgremManager - Office of EMS (804) 371-3500 or 1-800-523-6019. Rsvised 02/93 AGREEMENT FOR SERVICES As a grantee under the terms of the Virginia Rescue Squad Assistance Act, the undersigned hereby agrees to abide by the following requirements and conditions. 1. Awards shall not be transferable. 2. Any funds disbursed pursuant to an award be properly used and accounted for at all times. Funds shall be used only for the items, services or purposes for which theF ars awarded. 3. Funds shall not bm used for expenditures made prior to the date of the award nor for obligations incurred after the conclusion date for the grant period. 4. No funds shall be approved or used for capital outlay for any construction projects or for dailF operations costs, i.e. gasoline, oil, tires, insurance, etc. 5. Should any audit reveal expenditures not permitted by the conditions of the award the grantee shall be held responsible for rmpa1~ment' 6. Funds not obligated by formal contract bF the end of the grant period shall revert to the Virginia Rescue Squad Assistance Fund unless the grant has been approved for an extension. ?. The grantee shall be required to submit a Final Report Form and Serial N,m~mr Form to the Office of Emergency Medical Services (OEMS) within sixt~ (60) days o~ the final disbursement of awarded funds. 8. Grant projects must be operational and request for payment ~with invoices~ must be submitted to the Office of EMS NO LATER T~AN sixty (60) days after the grant period ends. 9. Any changes in the grant project must have prior written approval from OEMS. Modification approval must bm requested in writing prior to the purchase of the equipment. 10. Title for any equipment purchased in whole or in part with the use of state monies shall be in the name of the organization to which the award has been ~ade or in the name of the local jurisdiction in which the organization is located. 11. The equipment purchased in whole or in part with the use of state monies shall be used by the grantee and shall remain for use within the project area of the grant. 12. Sale, trade, transfer, Or disposal, within three (3) years of items purchased in whole or in part with the use of state monies shall require prior approval by OEMS. 13. You must comply with the conditions for use of project funds noted on your agency's Award Letter. 14. The grantee shall not discriminate in the provision of its services or in the conduct of its business or affairs on the basis of race, color, creed, religion, sex, or national origin. 15. 16. The grantee shall comply with the Regulations of the Hoard of Health Governing Financial Assistance for Emergency Medical Services; the Regulations of the Board of Health Governing Emergency Medical Services; and with all plans, policies, procedures and guidelines adopted by the State HMS Advisory Hoard as they may apply; and the Health Codes of Virginia, as they nay apply. The grantee shall be responsible for the preparation and maintenance of proper accounting records which shall be maintained for a period of not less than five (5) years and which shall be subject to and available for inspection by the Commissioner or his agent and for state audit inspections. VERIFICATION I, hereby, affirm that the items submitted for consideration and payment, under the Virginia EMS Financial Assistance Grant Program are the items that were approved by the State Health Commissioner, Virginia Department of Health (as indicated in the Award Letter received by my agency) or a Modification of Award as requested and approved by the Office of Emergency Medical Services (Attach copy to Agreement From and/or invoice). I further affirm that the items (equipment, services, and/or programs) awarded a~d purchased with this gmat will be place into service within the grant period. Any equipment, service, and/or programs not in service by the end of the grant period (with the exception of approved extension requests), will be subject to funding revocation. In the event that a grant has been approved for extension, the equipment, service, and/or programs must be in service by the end of the grant extension or the funding will be subject to revocation. Any fraudalent submissions for payment (or misrepresentations of any ~ind) may be considered sufficient cause for grant revocation, repayment, and possible prosecution of both the Grantee and the Authorized Agent, whose name appears below. Name of Grantee Name and Title of Authorized Agent Signature of Authorized Agent FEDERAL IDENTIFICATION NUMBER RSVP Application ~m~er/Grant Cycle CONDITIONS= Please refer to your award letter. DATE Revised 05/18/93 EQUIPMENT STATUS FORM Agency: Agency Address: Agency FIN ~: Grant %: Serial % Equipment Status Grant Cycle: (If currently not in use, please explain.) Location (where housed) Serial ~ Equipment Status (If currently not in use, please explain.) Location (where housed) Serial Equipment Status (If currently not in use, Dlease explain.) Location (where housed) **Form may be duplicated if necessary.** VTR~TNTA FMS FINANCTAJ~ASSTSTANCE GRANT~ FINAL REPORT AGENCY NAME : GRANT NUMBER: GRANT PERIOD: GRANT AWARD (Total funds awarded): FUNDS RECEIVED - This final report is required within 60 Oays of the end of the grant period. The funded item/project shall be completed and operational ac the time this form is signed and returned. If your agency received funds for more than one item in separate payments, please indicate the Oate the payment was received, amount received and item funded. After all approved items have been reimPursed, please total, sign and submit this form within sixty days of the end of the grant period Co cna address listed Oelow. If additional space, is needed, please attach on a plain piece of paper. Date: Amount: ~cem: TOTAL $ CERTIFICATION AND SIGNATURE: The undersigned has made the preceding statement of the agency's receipt of funds from the Virginia EMS Financial Assistance Fund Programs, and certifies co the Division of Emergency Medical Services that the information in this financial statement, and the Description on Page 2 of Chis form is true and accurate and correctly reflects the funded projec: of the undersigned agency. Signature Title Agency Dace Please submit this form within sixty (60) days of the end of the grant period to: Division of Emergency Medical 1538 East Parham Road Richmond, Virginia [ervices (You mus~ also complete page 2 of the Final Reoorc Form) Page 1 F__INA~. R_EPORT FOR)~ (Please describe ih detail the item/project funded by the Virgin a EMS Financi&l Assistance Grant Program. Please indicate how thi~ funding impacted your agency and the Service you Provide) Page 2 APPLICATION FOR VIRGINIA RESCUE SQUAD ASSISTANCE FUND GRANT Check Only One Check Only One *Communications Equipment MUST include their respective supplemental information sheets* 2/93 MAIL ALL APPUCATIONS TO: VIRGINIA DEPARTMENT OF HEALTH OFFICE OF EMERGENCY MEDICAL SERVICES 1538 EAST PARHAM ROAD RICHMOND, VIRGINIA 23228 (804) 371-3500 1-800-523-6019 (Virginia Only) NOTE: Hardship funding not available for RSAF SPECIAL PROJECT RESCUE SQUAD ASSISTANCE FUND RSAF DATA SHEET Dave Hoback, Deputy Coordinator of EMS I. PERSONNEL DATA E ::" 44 38 RESCUE SQUAD ASSISTANCE FUND RSAF DATA SHEET (continued) III. VEHICLE DATA (vehicles currently in operation only) ~11~ I 111 II I I II I II 1 Response Vehicl.= 70,000 89 Chev Blaz~ r N/A RSl 4 Fire Engines Unk Class A 4,11,13, .4 ADDITI DNAL UNITS 'IOULD BE INCLUDE[D ON A SE[PAR rE 2/93 PAGE 3 RESCUE SQUAD ASSISTANCE FUND TECHNICAL INFORMATION for the PURCHASE of EMERGENCY RESPONSE VEHICLES (Must be comoleted for any Ambulanca/Rechassis Grant) /~=~!!~;~'~%~!~, ,~ ~..~..~.~.:.:.~!'~"~'~':.:'!:-?~i~:~' '~' :r~r~rl;:;:;?~;:;!;~r;i;:;;;?:" '"','",',',',,,,", ~ 'i"i'; If s replacement unit, indicate what will be done with ~e unit that is replaced. Requeetad vehicle will bi houled end is intended for use in this area II, VEHICLE MAINTENANCE Describe the maintanence program used to maintain your agency vehicle fleet. ADDITIONAL INFORMATION Provide any iddidencl information (I.e. photographs, COl)icl of documettatlon, etc.) to support your request. 2/93 PAGE SEE ENCLOSED FINANCIAL Report BALANCE SHEET ~ :i:itii~ ..................... i ~: ,: .~:...: ................... ~=~:~ ........................... . "~. ~.~ ... h[~[.~.~:.~t.' [].~.t.[..,:::.}...~:.:::~:.:¢ =====================================:::::::::::::::::::::::::::::::: ~H ~OW ~: :~:~ ,:= ~~ "~' ~. ~:... ,... ~ .. A ACH IRS FORM The undersigned h,~ re.de ~he pr~adbg mm.hr of the ~gancy certifies to the Offlge of Em~rgancy Medic'a S~r~icu that the inforrna~m in this flrmnciai statement is ~ue .nd accurate .nd correcliy r~l~ the financial condi~m of the underMgn~d organiz~on. Signature Agency/Organization 2/93 PAGE Each line item request MUST indicate state funde requested, local match and the total amount for the requested item(e}. masse check one: 50/50 ~ **If a space ie not checked, the request will be* * HARDSHIP *'conlidlrad I 50/50 itatl/Iocal match.** Impact Suction Units (8) A 4 3,160 1,580 1,580 Ferno KED (8) A 4 1,160 580 580 C- Collars (40) A 16 600 300 300 Prosplint Extremity Kit (8) A 4 1,400 700 700 Disposable B~ (18) A 8 360 180 180 BP Cuffs (ped, adlt, xlg)27 A 12 486 243 243 Oxygen Duffel Bags (9) A ~4 513 256.5 256.5 Heart start 3000 QR (3) A 4 22~485 11~242.5 11,242.5 LEGEND: NEW ADD REP - If thll line item r~lulat il for new equipment that is not currently carried by your agency, place an 'N' in the box for new equipment. - If this line item request is for new equipment that is to be added to equipment you already have on hand, place an 'A' in the box for additional equipment. - If thie line item request ia for new e~luipment that will be replacing ~luipmant you already have on hand, pl~ca an 'R' in the box for replacement equipment. CURRENT NUMBER - Indicate the number of "lika" items, not necessarily identical. For example, monitor- dofibrilllto~ would cover LP5, LP1 O, automatic and/or semi-eutomedc defibrillators and monitors. Please exl)lain/clarif¥ in the Da$cril~tion of I~oject. PAGE DESCRIPTION OF PROJECT Items Requested: Equipment to Enhance Fire Department EMS First Response Capabilities The city of Roanoke has experienced a 46.9 percent increase in demand for emergency medical service since 1985. During the 1992/93 budget process, the City's emergency medical program was evaluated to identify ways to improve efficiency and reduce service costs. A review of response protocols, equipment needs and staffing (volunteer, career emergency medical and fire department) was conducted. One of the cost saving recommendations was to improve the efficient use of manpower by increasing fire department participation in the delivery of pre-hospital care. Currently, four fire companies provide emergency medical first response in the outlying areas of the City where emergency medical response time averages are greater than 8 minutes. Statistical information reveals that the city of Roanoke is experiencing a significant increase in elderly population and that this growth is occurring within inter-city. Additionally, overall emergency medical demand is increasing city-wide. Often, ambulances are not able to meet the demand for service within their first due area requiring second or third due EMS units to answer the call. Response times are, therefore, increased to life threatening emergencies. This grant request is to equip the remaining nine engine companies with the necessary equipment to meet state requirements for a Class A response vehicle. Additionally, three of the nine engines will be equipped with Heartstart 3000s that serve areas of the city with high occurrences of cardiac arrests. The city hopes to equip the remaining six engines with an AED by requesting RSAF grant funds during the next two grant cycles. Should you need additional information please contact: David Hoback Deputy Coordinator of Emergency Services/EMS 215 Church Avenue S.W. Room 154 Roanoke, Virginia 24011 2/93 PAGE ? Office of Emergenc', ~r Emergency Med~ca= :~,~, March 11, 1993 RSAF Grant Coordinator Virginia Department Of Health office of Emergency Medical Services 1538 East Parham Road Richmond, Virginia 23228 Dear Ms. Morrow: The City of Roanoke, Department of Emergency Medical Services, has made application to the RSAF to enhance the Fire Department EMS First Responder Program. As Operational Medical Director, I endorse the equipment and defibrillator units listed in the grant. Additionally, I feel that this equipment will substantially improve the City's pre-hospital care capabilities. If there are questions, please call me at 981-7539. Sincerely, Dr. Carol Gilbert, MD Operational Medical Director Roanoke City EMS cc: Western Virginia EMS Council Room 154, Municipal Building 215 Churcl~ Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2425 FAX: (703) 981-1599 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W,, Room 456 Roanoke, Vir ~inia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk December 23, 1993 File #60=5-22-44-62-67-72-132-144-200-214- 262-270-299-354-472 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: Sincerely, I am attaching copy of Ordinance No. 31812-122093 amending and reordaining certain sections of the 1993-94 General, Nursing Home, City Information Services and Management Services Fund Appropriations, providing for appropriation of $207,922.00 to various City departmental accounts to provide for procurement of certain Capital Maintenance and Equipment Replacement items. Ordinance No. 31812- 122093 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 20, 1993. Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. pc: The Honorable Arthur B. Crush, III, Clerk of Circuit Court W. Robert Herbert, City Manager George C. Snead, Jr., Director, Public Safety Wanda B. Reed, Manager, Emergency Services Robert J. Agnor, Manager, Communications M. David Hooper, Police Chief Glenn D. Radcliffe, Director, Human Development Corinne B. Gott, Manager, Social Services James D. Grisso December 23, 1993 Page 2 pc: Robert F. Hyatt, Manager, City Nursing Home William F. Clark, Director, Public Works John W. Coates, Manager, Parks, Recreation and Grounds Maintenance John R. Marlles, Chief, Community Planning James A. McClung, Manager, Fleet and Solid Waste Management Molly L. Hagan, Acting Director, Health Department Diane S. Akers, Budget/Management Analyst, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of December, 1993. No. 31812-122093. AN ORDINANCE to amend and reordain certain sections of the 1993-94 General, Nursing Home, City Information Services and Management Services Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 General, Nursing Home, City Information Services and Management Services Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A ro riations General Government City Council (1) .................................... $ Judicial Administration General District Court (2) .......................... Circuit Court (3) ................................... Public Safety Police Patrol.(4-5)...: ......... Emergency Medical Services (6-7)[[[[[[[[[[[[[[[[[[~[ Public Works Co~m~.unications (8) ........ Parks Maintenance (10-11) ........................... Health & Welfare Health (12) ..... Parks, Recreation & Cultural Contributions - Cultural (14) .... Community Development Community Planning (16) ............................. 9,267,193 204,781. 3,646,679 55,286 162,216 31,243,587 2,444~801 1,399467 19,835574 3,026 019 4,129 128 3,401 751 17,059 773 1,023 009 495 694 4,588 529 1,421 947 1,343 878 1,050 166 577.725 Fund ~alance Capital Maintenance Equipment & Replacement Program - City Unappropriated (17) .................. $ Nursinq Home Appropriations Operating Expenses Other Charges (18) .................................. Capital Outlay from Revenue Capital Outlay (19) ................................. Retained EarninGs Retained Earnings - Unrestricted (20) ............... 1,244,685 1,558,717 247,681 2,720 2,720 ( 34,973) city Information Services Appropriations Operating Expenses Capital Outlay (21) ................................. Retained EarninGs Retained Earnings Unrestricted (22) .................. 2,117,910 225,369 1,102,398 M&~aaemeHt Services Appropriations Operating Expenses Other Charges (23) .................................. Capital Outlay Capital Outlay (24) ................................. Retained EarninGs Retained Earnings Unrestricted (25) ................. 1) Other Equipment (001-001-1110-9015) $ 1,219 2) Furniture & Equipment (001-070-2120-9005) 5,672 3) Furniture & Equipment (001-072-2110-9015) 7,865 4) Training & Development (001-050-3113-2044) 7,930 5) Furniture & Equipment (001-050-3113-9005) 13,227 423,255 262,074 56,777 56,777 320,707 6) Wearing Apparel 7) Other Equipment 8) Other Equipment 9) Other Equipment 10) Other Equipment 11) Project Supplies 12) Other Equipment 13) Other Equipment 14) vwcc 15) Program Activities 16) Fees for Professional Services 17) CMERP - City 18) Expendable Equipment 19) Other Equipment 20) Retained Earnings Unrestricted 21) Other Equipment 22) Retained Earnings (001-050-3521-2064) (001-050-3521-9015) (001-050-4130-9015) (001-052-4210-9015) (001-052-4340-9015) (001-052-4340-3005) (001-054-5110-9015) (001-054-5311-9015) (001-002-7220-3710) (001-052-7110-2066) (001-052-8110-2010) (001-3323) (009-054-5340-2035) (009-054-5342-9015) (009-3336) (013-052-1602-9015) (015-002-1618-9015) (015-3336) Unrestricted (013-3336) 23) Administrative Supplies (015-002-1617-2030) 24) Other Equipment 25) Retained Earnings Unrestricted $ 7,200 11,351 15,000 2,000 21,040 8,000 10,100 1,400 34,633 9,984 25,000 (181,621) 1,900 2,720 ( 4,620) 13,908 ( 13,908) 400 7,373 ( 7,773) BE IT FURTHER ORDAINED that, an emergency Ordinance shall be in effect from its passage. existing, this ATTEST: City Clerk. JilT" ' Roanoke, Virginia December 20, 199393 ~ 15 !)~'.~1 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Fund Appropriation I. Backqround Capital Maintenance and Equipment Replacement - needs have been identified for various departments. Identified items are needed for the continued efficient and most effective performance of assigned responsibilities. Attachment "A" is a listing of those identified items that are anticipated to cost less than $15,000 per single item. Single purchases , which will cost less than $15,000, will be procured through the competitive bid process in accordance with the procurement section as identified in the Code of the City of Roanoke. II. Current Situation Council's appropriation of Funds are necessary to provide for the purchase of those items as listed on Attachment "A". III. Issues A. Need B. Timeliness C. Fund Availability IV. Alternatives Council appropriate $207~922 to various City department accounts to provide for the appropriate procurement of Capital Maintenance and Equipment Replacement items as listed on Attachment "A" of this report. Fund Appropriations Page 2 Need - Items requested continued performance listed. are necessary for the of those departments Timeliness - Requested items can be procured in the most timely fashion with this alternative. Fund availability - Designated Funds are available in the Capital Maintenance and Equipment Replacement Program, Management Services Prior Year Retained Earnings, City Information Services Prior Year Retained Earnings and Nursing Home Prior Year Retained Earnings to provide for the requested purchase. B. Do not appropriate Funds Need - Required duties would not be accomplished in the most efficient manner. 2. Timeliness would not be a factor in this alternative. Fund availability - Designated Funds would not be expended under this alternative. Recommendation Council concur with Alternative "A", appropriate $207~922 from Capital Maintenance and Equipment Replacement Program, Management Services Prior Year Retained Earnings, City Information Services Prior Year Retained Earnings and Nursing Home Prior Year Retained Earnings to various accounts as follows: Capital Maintenance and Equipment Replacement Program: $7~865 to Circuit Court Account 001-072-2110- 9015 $1~219 to City Council Account 001-001-1110- 9015 3. $15~000 to Communications Account 001-050- 4130-9015 Fund Appropriations Page 3 4. $10,070 to Emergency Medical Services Account 001-050-3521-9015 5. $1,281 to Emergency Medical Services Account 001-050-3521-9015 6. $7,200 to Emergency Medical Services Account 001-050-3521-2064 7. $5,672 to General District Court Account 001- 070-2120-9005 8. $10,100 to Health Department Account 001-054- 5110-9015 9. $21,040 to Parks Maintenance Account 001-052- 4340-9015 10. $8,000 to Parks Maintenance Account 001-052- 4340-3005 11. $25,000 to Planning Department Account 001- 052-8110-2010 12. $13,227 to Police Department Account 001-050- 3113-9015 13. $7,930 to Police Department Account 001-050- 3113-2044 14. $6,568 to Parks Maintenance Account 001-052- 7110-2066 15. $3,416 to Recreation Account 001-052-7110-2066 16. $1,400 to Social Services Account 001-054- 5311-9015 17. $2,000 to Solid Waste Management Account 001- 052-4210-9015 18. $34,633 to Contribution Account 001-002-7220- 3710 Management Services Fund Prior Year Retained Earnings: 19. $7,373 to Management Services Account 015-002- 1618-9015 Fund Appropriations Page 4 20. $400 to Management Services Account 015-002- 1617-2030 cc: City Information Services Fund Prior Year Retained Earninqs: 21. $13r443 to City Information Services Account 013-052-1602-9015 22. $465 to City Information Services Account 013- 052-1601-9015 23. $1r900 to Nursing Home Account 009-054-5340- 2035 24. $2~720 to Nursing Home Account 009-054-5340- 9015 Respectfully Submitted, bert Herbert City Manager Director of Finance City Attorney Management and Budget Attachment "A" Circuit Court Copier Surveillance Camera Equipment $5,673.00 7,865.00 City Council Sound System 1,219.00 Communications (15) Two-Way Radios 15,000.00 Emergency Medical Services Protective Clothing and Equipment (3) Automatic External Defibrillators and Supplies 7,200.00 11,351.00 Finance (12) Lotus and Word Perfect Software 6,180.00 General District Court (8) Typewriters 5,672.00 Health Department Dental Chair Computer Software Lawnmower Computer Terminals and Printers Portable P.C. 8,900.00 465.00 1,200.00 4,406.00 1,525.00 Nursing Home Shelves For Walk-in Coolers Vacuum Cleaner Linen Hampers (4) Stainless Steel Carts Food Processor 2,100.00 400.00 900.00 600.00 620.00 Attachment "A" Page 2 Parks Maintenance (2) Canopies For Special Events (20) Sections of Portable Stage 40 Tons - Turface Field Dressing 9,000.00 12,040.00 8,000.00 Personnel Management (4) Work Perfect Software Packages 1,332.00 Planning Professional Service and Printing of Comprehensive Planning Update 25,000.00 Police Fax Machine Surveillance Camera Equipment Lie Detector Training (2) VCR Video Camera Systems (16) Emergency Lights and Sirens 600.00 3,567.00 7,930.00 2,060.00 7,600.00 Recreation Dasher Boards For Soccer Program Reduced Injury Factor (RIF) Baseballs 6,568.00 3,416.00 Social Services (16) Unisys Multiplexers Fax Machine Laminating Equipment & Supplies 1,400.00 1,100.00 400.00 Solid Waste Management Car Vision System 2,000.00 VWCC City's Share For Classroom and Lab. Building 34~633.00 Total $207,922.00 Attachment "A" Page 3 Fundinq Sources: Capital Maintenance and Equipment Replacement Program Management Services Working Capital City Information Services Working Capital Nursing Home Working Capital $181,621.00 7,773.00 13,908.00 4~620.00 Total Funding Sources $207,922.00 MARY F. PARKF~ City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2~41 SANDRA H. EAKIN Deputy City Clerk December 23, 1993 File #405-123 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31813-122093 authorizing execution of an agreement with Hayes, Seay, Mattsrn and Mattern, Inc., to provide certain architectural and engineering services, specificaily, for various professional services in support of expansion of the Roanoke City Jail, in the amount of $530,000.00. Resolution No. 31813-122093 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 20, 1993. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. John P. Bradshaw, Jr., Executive Vice-President, Hayes, Seay, Mattern and Mattern, P. O. Box 13446, Roanoke, Virginia 24034 The Honorable W. Alvin Hudson, City Sheriff Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance George C. Snead, Jr., Director, Public Safety William F. Clark, Director, Public Works Charles M. Huffine, City Engineer L. Bane Coburn, Civil Engineer Sarah E. Fitton, Construction Cost Technician Diane S. Akers, Budget/Management Analyst, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of December, 1993. No. 31813-122093. A RESOLUTION authorizing the execution of an agreement with Hayes, Seay, Mattern & Mattern, Inc. to provide certain various Roanoke architectural and engineering professional services in support City Jail. services, specifically of the expansion of the BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement with Hayes, Seay, Mattern & Mattern, Inc. for the provision by such firm of architectural and engineering services, specifically, for design development, construction documents, construction administration, and project inspection for the expansion of the Roanoke City Jail, as more particularly set forth in the December 20, 1993, report of the City Manager to this Council. 2. The contract authorized by this resolution shall be in the amount of $530,000.00. 3. The form of the contract with such firm shall be approved by the City Attorney. ATTEST: City Clerk. Roanoke, Virginia December 20, 1993 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: Subject: AWARD ARCHITECTURAL/ENGINEERING FULL SERVICE CONTRACT ROANOKE CITY JAIL EXPANSION FOR CITY OF ROANOKE, VIRGINIA I. Background: Advertisement of Public Notice to seek architectural/ engineering services for the Roanoke City Jail Expansion was properly advertised on February 18, 1993. Requests for Proposals for this project were requested by six (6) firms with their reply due on March 5, 1993. Only one (1) firm submitted a proposal, and that was Hayes, Seay, Mattern & Mattern, Inc. In mid-March~ 1993~ the City was notified by the Virginia Department of Corrections that the standards for Design and Construction of Jail Facilities and lock- ups were being modified. Five (5) different cell size preliminary studies were completed before the Virginia Department of Corrections would approve the Planning Study and the Needs Assessment as submitted by the City Sheriff. This approval was essential to receive the commitment from the Department of Corrections for their portion of the project funding ($1,913,940.00). This defined the scope of the project. Project consists of the incorporation of the alley between the Jail and the Data Safe building, the remodeling of the Data Safe and Miller/Morgan buildings, and the addition to the Miller/Morgan building. Generally, the additional cells will be for two (2) inmates with cell area meeting the new requirements of the Department of Corrections, four (4) and six (6) inmate cells, and dormitory spaces for some trustees. Where practical, cells will be double-bunked, and that will bring the additional capacity of the new areas to approximately 300 inmates. Honorable Mayor and Members of City Council AWARD ARCHITECTURAL/ENGINEERING FILL SERVICE CONTRACT ROANOKE CITY JAIL EXPANSION Page 2 December 13, 1993 II. A. B. C. D. Issues: Qualification of the firm· Timinq of the award. Reasonableness of the fee. Availability of the funds. III. Alternatives: Award a full services architectural/engineering contract to Hayes, Seay, Mattern & Mattern, Inc., Architects- Engineers-Planners, of Roanoke, Virginia, for the design, construction documents, and contract administration including periodic inspections of construction for the following lump sum fee: Basic Services Contract Additional Services Reimbursable Expenses $530,000.00 9,000.00* 4~000.00, Total $543,000.00 *Expenditure of these fee charges will be administratively approved. Additional services fees are for any changes or additional work that may be requested by the City during the construction of the project. Reimbursable expenses is for additional prints required over the ten (10) complete sets contained in the contract agreement, travel and telephone services required outside the City of Roanoke as required for this project. Estimated cost of the construction phase is as follows: Building (new and remodeled) $5,722,000.00 Qualification of the firm has been established by the fact that they designed the original Jail and all of the infill projects to date. Honorable Mayor and Members of City Council AWARD ARCHITECTURAL/ENGINEERING FILL SERVICE CONTRACT ROANOKE CITY JAIL EXPANSION Page 3 December 13, 1993 Timing of the award is important because of the Jail overcrowding. This project has been delayed for almost nine (9) months due to the new requirements for Jails and lock-ups published by the Department of Corrections. Their approval of the City's Planning Study and Needs Assessment has been received, and the project needs to proceed without further delay. Reasonableness of the fee has been verified through the use of the Commonwealth of virginia's Capital Outlay Manual for Architectural/Engineering Services for special projects such as jails, air conditioned projects, and remodeling. Availability of funding has been established by bond issue and is in account number 008-052-9685- 9001, City Jail Expansion. B. Do not award a contract at this time. Qualification of the firm will still have to be established prior to award of any architectural/ engineering services contract. Timinq of the award of a design contract would be delayed which would delay completion of the construction of additional inmate space. This would further delay any relief for the overcrowding of the Jail. Reasonableness of the fee would have to be established for any architectural/engineering firm selected at a future date. 4. Availability of funding would not be obligated at this time. IV. A. Recommendation is that City Council take the following action: Concur with the implementation of Alternative 'A'. Honorable Mayor and Members of City Council AWARD ARCHITECTURAL/ENGINEERING FILL SERVICE CONTRACT ROANOKE CITY JAIL EXPANSION Page 4 December 20, 1993 Authorize the City Manager to execute an architectural/ engineering full services contract, in a form acceptable to the City Attorney, with Hayes, Seay, Mattern & Mattern, Inc., for design development and construction documents, construction administration, and project inspection for Roanoke City Jail Expansion as outlined in the Department of Corrections' approved Planning Study for the lump sum fee of $543~000.00. Authorize the Director of Finance to encumber the following in the City Jail Expansion account number 008- 052-9685-9001: Architectural/Engineering Fee Additional Services Reimbursable Expenses $530,000.00 9,000.00 4,000.00 $543,000.00 Respectfully submitted, W. Robert Herbert City Manager WRH/LBC/kh cc: City Attorney Director of Finance Director of Public Works Director of Administration and Public Safety Manager, Management and Budget City Sheriff Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Roanoke, Virginia December 20, 1993 Honorable David A. Bowers, Mayor and Members of Council Roanoke, Virginia Dear Members of Council: SUBJECT: Alignment of New Pedestrian Bridge between Hotel Roanoke/Conference Center and Historic Market Area I. Background: On March 1; 1993 City Council requested the Virginia Department of Transportation (VDOT) to program a project for a pedestrian overpass above Norfolk Southern Railway tracks to connect between the Hotel Roanoke/Conference Center area and the Historic Market Area (Resolution No. 31361-030193). This project was subsequently programmed by VDOT into their updated Six-Year Improvement Program. City Council also authorized the City Manager to execute an agreement with VDOT by which the City will administer the preliminary engineering phase of this project. City of Roanoke has an agreement with Hayes, Seay, Mattern & Mattern, Inc. (HSMM) to prepare the necessary engineering plans and specifications in cooperation with VDOT. HSMM's agreement has a cost ceiling of ~199~950 for services related to this project. II. Current Situation: Public participation process has been used in developing the consensus plan shown in the attached drawings. Downtown business leaders, hotel developers, and others with interest in the design and appearance of this bridge were invited to meetings on August 10, September 30, and December 16, 1993 to share their ideas on the location, function, and design of this bridge. Be Alignment of the bridge as presented in this report represents a compromise between direct connection to the Hotel Roanoke and to the Conference Center which also preserves certain viewsheds between the Hotel and the downtown area. The northern terminus of the bridge ends in a structure that replicates design features of the Hotel Roanoke, and then proceeds along the curved sidewalk of the entrance/courtyard beneath an open-air, covered structure. Nembers of City Council Page 2 III · IV. The southern terminus ends in the grassed plaza area adjacent to the First Union Tower Parking Garage, and impacts an area smaller than was first believed necessary, thereby preserving most of this area for downtown events. Issues: A. Alignment B. Design C. Timing D. Cost Alternatives: City Council concur in the selected alignment and terminus points thereby enabling HSMM to proceed with detailed project design. Alignment and terminus points as shown on the attached drawings, by consensus of the downtown community, provides an acceptable means of moving pedestrians between the Hotel Roanoke/Conference Center area and the Historic Market Area. Design details of the bridge can proceed to be developed by HSMM. As a VDOT project, this will ultimately include either a formal location and design public hearing or at least a publicly advertised "willingness to hold a location and design public hearing". Timinq on the opening of this bridge for pedestrian use is now anticipated to occur as early as Spring, 1995. Cost of project construction is estimated at million which is shared on a 98% VDOT:2% City basis for project eligible expenses. There may be some project enhancement expenses that will be 100% City responsibility, which will be determined as the design details further develop. B. City Council not concur in the selected alignment and terminus points. 1. Alignment developed by public participation process would be rejected. Members of City Council Page 3 2. Desiqn details could not be further developed until an alignment is selected. 3. Timing of bridge would be delayed. 4. Cost could change depending upon ultimately selected. alignment Recommendation is that City Council concur in the selected alignment and terminus points thereby enabling HSMM to proceed with detailed project design. Respectfully submitted, W. Robert Herbert City Manager WRH:RKB:Jrm Attachments copy: City Attorney Director of Finance Director of Public Works Chief, Economic Development Budget Administrator Traffic Engineer 000 Office of the City Manager December 3, 1993 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Council Members: Subject: Pedestrian Bridge The City administration has conducted an extensive citizen participation process in regard to the location and design of the proposed pedestrian bridge over the Norfolk Southern tracks in downtown generally between the Market Area and Hotel Roanoke/Conference Center. Our consulting engineers/architects have developed a proposal which we feel meets the needs of the project and the interests of the numerous groups and individuals who have been involved and expressed opinions on this most visible public facility. Enclosed with this letter is an outline sketch of this latest proposal. It provides an enclosed/covered walkway between the Tower Parking Garage and Conference Center, encroaches minimally on the grassy area adjoining the Garage which has become so popular for downtown festival events, protects to the maximum extent possible views between the Hotel and downtown, and blends more appropriately with the design of surrounding architecture. I hope you find it attractive and functional. Our consultants are inviting representatives of the various interest groups who have participated in this process to a presentation in Council Chambers on Thursday, December 16, 1993. We will bring this matter to Council at your regular meeting on Monday, December 20, 1993, at which time you will be asked to generally concur in the alignment and conceptual design so that our consultants can proceed with final design drawings. We still anticipate having the structure complete by the time the Hotel opens in March 1995. If any member of Council has questions/comments concerning this latest proposal, I invite you to contact me or Bill Clark, who can be reached at 981-2741. W. Robert Herbert City Manager WRH:WFC:pr Enclosure Room 364 Municipal Building 21 ~ Church Avenue SW Roanoke Virginia 24011 (703) 981-2333 MARY F. PARKER City Cl~rk, 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 December 23, 1993 File #178-236-200 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31814-122093 approving and adopting a Comprehensive Housing Affordability Strategy, dated December 16, 1993, for the City of Roanoke. Resolution No. 31814-122093 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 20, 1993. Sincerely,~'"' ~'~ ~' Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Neva H. Smith, Executive Director, City of Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director, Public Works Ronald H. Millel', Building Commissioner H. Daniel Pollock, Jr., Housing Development Coordinator Charles A. Harlow, Acting Grants Monitoring Administrator Diane S. Akers, Budget/Management Analyst, Office of Management and Budget Phillip F. Sparks, Acting Chief, Economic Development 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 December 23, 1993 File #178-236-200 Charles A. Price, Jr., Chairperson John P. Bradshaw, Jr. Paul C. Buford, Jr. Gilbert E. Butler, Jr. Barbara N. Duerk Carolyn Hayes-Coles Richard L. Jones Dear Mr. Price and Members of the City Planning Commission: I am enclosing copy of Resolution No. 31814-122093 approving and adopting a Comprehensive Housing Affordability Strategy, dated December 16, 1993, for the City of Roanoke; and expressing appreciation to the City Planning Commission for its assistance in the development, review and recommendation of said study. Resolution No. 31814-122093 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 20, 1993. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: John R. Marlles, Chief, Community Planning IN THE COUNCIL OF THE CITY OF ROANOKE, The 20th day of December, 1993. No. 31814-122093. VIRGINIA, A RESOLUTION approving and adopting a Affordability Strategy, dated December 16, Roanoke. Comprehensive Housing 1993, for the City of WHEREAS, the Cranston-Gonzalez National Affordable Housing Act of 1990 requires that entitlement communities, such as the City of Roanoke, develop a Comprehensive Housing Affordability Strategy ("CHAS") as a condition to receiving federal funding under certain community development and housing programs; WHEREAS, the CHAS was developed by the City Administration which held a duly advertised public hearing on July 15, 1993, to obtain the views of citizens and other interested parties on the housing needs of the City, at which all citizens desiring to comment on the CHAS were afforded the opportunity to do so; WHEREAS, the draft CRAS was made available for a 30-day public review and comment period, as required by the United States Department of Housing and Urban Development regulations, from November 9, 1993, through December 9, 1993; and WHEREAS, the Planning Commission has recommended adoption of the CHAS to this Council, and Council is desirous of approving and adopting the CHAS. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Comprehensive Housing Affordabllity Strategy, dated December 16, 1993, recommended to this Council by the City Planning Commission, is hereby approved and adopted. 2. The City Manager is directed to file the Comprehensive Housing Affordability Strategy with the United States Department of Housing and Urban Development. 3. Appreciation is expressed to the City Planning Commission for its assistance in the development, review and recommendation of the Comprehensive Housing Affordability Strategy. ATTEST: City Clerk. December 20, 1993 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Proposed Comprehensive Housing Affordability Strategy (CHAS) - October 1, 1993 - September 30, 1998 I. Background: The Cranston-Gonzalez National Affordable Housing Act of 1990 reauires that entitlement localities, like Roanoke, develop a Comprehensive Housing Affordability Strategy (CHAS) as a condition of receiving funding from several federal community development and housing programs. The federal programs include the Community Development Block Grant (CDBG) program, Section 108 loan program, the McKinney Homeless Assistance Act programs, Supportive Housing for the Elderly, and the HOME and HOPE programs for homeownership. CHAS is a 5-year plan for housing that will be affordable to low-moderate income and special needs populations in the City. It includes: An estimate of local housin£ assistance needs of low-moderate income families, homeless persons and other special needs population groups; 2. An assessment of resources available for addressing identified needs; The local strateey and s?..cific annual goals for meeting the identified needs. City's existint, CHAS was anproved by the Planning Commission on November 6, 1991, and was adopted by City Council on December 2, 1991, by Ord. No. 30806-120291. Entitlement communities are being required to prepare a new CHAS incorporating updated information from the 1990 Census. Members of Council Page 2 December 20, 1993 Staff sup_oort for preparation of the ~rom>sed CHAS was provided by the Office of Grants Compliance, the Department of Planning and Community Development, the Office of Housing Development, the Office of the Director of Human Development and the Roanoke Redevelopment and Housing Authority. Fo Proposed CHAS was develo_t~ using information and comments gathered from the community through public meetings, surveys, and other data collection means. The draft was offered for public examination and comment for 30 days. Public comments in response to the draft were evaluated and incorporated into the CHAS wherever appropriate. Planning Commission was briefed on the development of the City's proposed CHAS at their November 2, 1993, meeting. The draft CHAS was referred to the Commission's Community Development Subcommittee for review. Ho Plannine Commission's Community Development Subcommittee reviewed the draft CHAS at their meeting on December 3, 1993. No revisions were requested. II. Current Situation: City Council was briefed on December 13, 1993, by Mr. Dan Pollock, the City's Housing Development Coordinator. Several Council members expressed concern that without complementary efforts by neighboring jurisdictions, the efforts of central cities, like Roanoke, to provide affordable housing may have the indirect effect of actually increasing the concentration and segregation of low-income, high-need households within these cities (see attached letter to Mr. Charles Gardner, Acting Director, HUD, dated 12/15/93). Bo Basic finding of draft CHAS is that emphasis should be focused on the following areas: Diversity and balance - to encourage and facilitate development of housing appropriate for and attractive to households of moderate or higher income. Homeownership oooortunities - to encourage and facilitate new homeownership as a viable and affordable alternative to rental status, especially by households with income between 30-80% of median family income. Members of Council Page 3 December 20, 1993 Coordination of resources - to continue support of and participation in the Roanoke Regional Housing Network, to continue to coordinate and share housing information and to offer technical assistance to neighboring local governments regarding housing issues for low- moderate income households. Homeownership maintenance - to encourage and facilitate repair and maintenance of existing owner-occupied homes. Rental maintenance and aoorooriateness - to encourage and facilitate the maintenance and improvement of existing rental units, and the repair and reuse of existing but deteriorated and unused multifamily buildings. Rental assistance - to seek additional rent subsidies to serve existing responsible, very low-income residents in need. Reeulatory/public r~olicy issues - to continue to review the City's zoning ordinance on an annual basis and update it as necessary, to complete the comprehensive update of the City's subdivision ordinance and continue to review and update as needed, and to develop guidelines and a review process to encourage new affordable infill housing that is compatible with the City's existing neighborhood and architectural character. Homeless persons - to ensure that shelter and support services are available for homeless persons and to maintain prevention measures which provide support to those low income persons at risk of becoming homeless. To ensure that prevention programs, shelter facilities, and support programs are available and accessible to homeless persons with special needs and children and youth. Special populations - to increase the availability of housing that is affordable, safe, sanitary, decent and accessible to special needs populations, such as the elderly and the disabled. To ensure that education, training, and ongoing support services are increased to meet the needs of special populations. C. Philosophy and general policies recommended by CHAS are: Appropriate diversity and balance of housing types and oo~ulation are healthy for the City, its neighborhoods and its citizens. The City's policies and actions should strive to achieve and maintain a healthy balance of affordable and market-rate housing. Members of Council Page 4 December 20, 1993 o Housing must be viewed in the oerspective of all other aspects of the City_: e.g., economic development, neighborhood stability, transportation, schools, zoning, etc. The quality of housing is key to the strength of our neighborhoods, critical to our tax base and contributes to the health and security of our population. Reinforce the strength and identity of residential neighborhoods. Neighborhoods provide the framework that gives security and identity to the families living there. Therefore, actions which would result in growth through heterogeneity, a reasonable rate of turnover of residents, and greater neighborhood stability should be encouraged. As with all r~eot>le, ex_r~ct low- to moderate-income citizens and recipients of subsidies to want to help themselves and move toward self-sufficiency. The City's limited resources and subsidies should be used to motivate and encourage this. Often, rehabilitating a house or providing basic shelter improves only one aspect of the beneficiary's condition. Taking a holistic approach to assisting the individual beneficiary in improving his/her overall condition may involve the provision of services such as: job training, case management, or counseling concerning home maintenance, in addition to housing assistance. Architectural quality and innovative design should be stressed in new developments and major rehabilitation prqiects. The new construction put into place now will be a part of the City well into the 21st century. Efforts should be made to insure that such development or redevelopment undertaldngs will be of good quality technically and will contribute to the City aesthetically over the long term. The code of the City forbids any person from discriminatin~ against another person, on the basis of race. color, religion, national origin. age, sex, handicap or familial status, in matters of housing and real estate. This includes selling, leasing or renting, or otherwise transferring housing. It is one of the purposes of the City to maximize the housing opportunities open to all its citizens. Discrimination is counter-productive to this purpose. Planning Commission. on December 15, 1993, unanimously approved a motion to endorse and recommend that City Council adopt the proposed CHAS. Members of Council Page 5 December 20, 1993 III. Issues: A. Benefit to the City. B. Impact on City's housing objectives. C. Compliance with applicable regulations. D. Timing. IV. Alternatives: A. Recommend that City Council avorove the pro_m)sed CHAS. Benefit tO the City will be continued eligibility to participate in several federal funding programs which bring millions of dollars from federal, state and private sources into the City each year, for dozens of projects, ranging from the Hotel Roanoke, industrial parks, and Downtown East parking garage, to a variety of housing rehabilitation and neighborhood improvement projects, and the Roanoke Neighborhood Partnership. Impact on City's housine objectives is positive through the recommendation of improvement in quality of existing substandard housing units, and maintenance of a healthy balance of housing types and costs within the City. Compliance with applicable regulations requires the submission of a CHAS which has been adopted by the local governing body. Timing. HUD guidelines call for submission to HUD by December 31, 1993, or in any case, before additional HUD funding may be received. Roanoke will not be eligible to participate in federally funded community development or housing programs until the City has a HUD-approved CHAS. Do not recommend that City Council approve the oroposed CHAS. Benefit to the City would be lost, with the annual loss of approximately $1.9 million in CDBG funds, $600,000 from the HOME program, and $7-8 million in monies leveraged from other sources by these federally supported activities. Dozens of community improvement programs and activities would have to obtain funding from other sources or be eliminated. Members of Council Page 6 December 20, 1993 Impact on City's housing objectives would be negative, as access to substantial resources needed to pursue those objectives for improvement of housing conditions and general community development would be denied, in the absence of an approved CHAS. Compliance with applicable regulations would not be achieved without an approved CHAS. Vo 4. Timing would be an issue if a substitute CHAS were to be developed. At best, federal funding would be delayed while another CHAS goos through the 5-6 month process of development, review and approval. Recommendation: It is recommended that City Council approve the Comprehensive Housing Affordability Strategy and forward the document to the Department of Housing and Urban Development by December 31, 1993. Respectfully submitted, City Manager JRM: mpf cc: City Attorney Director of Finance Director of Public Works Agent, Roanoke City Planning Commission Acting Grants Monitoring Administrator Housing Development Coordinator Office of the City Manager December 15, 1993 Mr. Charles Gardner Acting Manager U.S. Department of Housing & Urban Development P. O. Box 90331 Richmond, VA 23230-0331 Dear Mr. Gardner: Subject: Comprehensive Housing Affordability Strategy (CHAS) The City of Roanoke would like to express its concern with those provisions of the Cranston-Gonzalez National Affordable Housing Act of 1990 which require entitlement communities, like Roanoke, to prepare a CHAS as a condition of receiving funding from the Community Development Block Grant program and several other federal and community development and housing programs. We believe that the concentration of low and moderate income residents in central cities is a local, state and national concern which is compounded by the current CHAS planning requirement which falls short of requiring the development of a regional strategy or plan to address what is a metropolitan or regional problem. As you are no doubt aware, many central cities and other entitlement communities already provide the majority of the affordable housing units available in their metropolitan area and surrounding regions. Ironically, the diligent efforts of central cities like Roanoke to address its housing and community development needs, without complementary efforts by their neighbors, may have the indirect effect of actually increasing the concentration and segregation of low-income, high-need households within those cities. We believe that more thought and consideration needs to be given to requiring localities which are non-entitlement communities to assist in meeting the housing needs of low and moderate income citizens. These communities may not be the direct recipients of federal funds, but they share responsibility for addressing the rising maladies in many central cities, including high crime rates, deteriorating housing, and increasing poverty. Affordable housing, like these other national problems, cannot be solved by simply asking central cities and other entitlement communities to work Room 364 Municipal Building 215 Church Avenue, S W Roanoke Virg~ma 24011 1591 (703) 981-2333 Mr. Charles Gardner December 15, 1993 Page Two harder. A comprehensive solution to meeting the needs for affordable housing can only be achieved by a unified effort that recognizes the interrelationships of inner cities and their surrounding metropolitan areas and regions. Sincerely, City Manager WRH:JRM:mpf CC: U.S. Senator Charles S. Robb U.S. Senator John Warner U.S. Representative Robert Goodlatte The Honorable David A. Bowers, Mayor, Members of Roanoke City Council and (;iT"' December 20, 1993 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance November Financial Report Attached is the monthly financial report for November. We would like to point out several items of General Fund Revenue and Expenditures that deserve comment. REVENUE Total General Fund revenues have a positive variance of 3.87% over fiscal year 1993 on a year-to-date basis. This is very close to the anticipated increase in revenues in the fiscal year 1994 adopted budget. Variances in the specific categories of revenue are as follows: General Property Taxes show an increase of 2.32% over last fiscal year. This increase is right on target with the revenue estimate. Other Local Tax collections have a favorable variance of 8.27% over fiscal year 1993. The largest contributor to the favorable variance is increased utility tax collected on electrical usage, due to the extremely hot summer. Sales tax is up approximately 2.97% on a year-to-date basis over last year. Recent economic news from the State still predicts approximately 4% to 5% growth in sales tax for fiscal year 1994. We will monitor this major revenue source closely, particularly as we progress through the Christmas shopping season. Cigarette taxes are up 12.7% due to the increased tax rate effective July 1, 1993. Also, Meals Tax revenues are showing a favorable variance with a 14.01% increase over last fiscal year. Permits, Fees and Licenses are up 18.28% over last year. This is attributable to increased elevator and electrical inspection fees, along with increased street opening permits. Honorable Mayor and Members Roanoke City Council December 20, 1993 Page 2 Fines and Forfeitures are showing a positive trend of 8.84%, due primarily to increased collections from parking tickets. An automated system for management of parking tickets was installed last fiscal year and has improved the efficiency and effectiveness of collections. Revenue from Use of Money and Property is down somewhat due to less interest income earned by the General Fund. This is due primarily to the transfer of operating cash from the General Fund to the newly established School Fund. Grants-ln-Aid-FederalGovernmentis down considerably from last fiscal year. The City received flood damage reimbursements of approximately $116,000 in fiscal year 1993, which accounts for this noticeable variance. The City received $56,858 this fiscal year for reimbursements related to the snow storm last March. Miscellaneous Revenue reflects a negative variance of 69.25% due to the timing of collections for insurance recoveries, and sales of surplus City equipment. Internal Services Revenue is up 27.57% over fiscal year 1993 due to increased rates effective at the beginning of the fiscal year. Additionally, more work has been performed for the Enterprise funds by General Fund service departments thus far this year compared to last. EXPENDITURES Expenditures for the entire General Fund are up only 0.42% compared to last fiscal year. On a year-to-date basis, one less payday has occurred this fiscal year compared to last. This accounts for the unusually small growth in expenditures compared to fiscal year 1993. Variances in specific categories are explained as follows: Public Works expenditures are down 12.10% compared to fiscal year 1993. Although the current year paving contract is approximately the same as last year, the timing of payments is such that approximately $92,529 less has been spent on a year-to-date basis. Also, equipment purchases for Streets and Traffic, Parks Maintenance and Solid Waste Management are significantly less this year than last. This is partially due to timing of purchases of equipment and is expected to even out somewhat as we move further into the fiscal year. Honorable Mayor and Members Roanoke City Council December 20, 1993 Page 3 Health and Welfare expenditures are up 10.58%, primarily due to increased Foster Care expenditures. Parks, Recreation and Cultural expenditures reflect an increase of 14.88% over fiscal year 1993. Expenditures in this category include a current year contribution of $123,350 to the Hotel Roanoke Conference Center Commission. The $50,000 contribution in fiscal year 1993 was paid from the Capital Projects Fund. Also, this category includes increased contributions to the Convention Bureau, and funding of $58,454 for the Cable TV Educational Access Channel. Community Development expenditures are up slightly for fiscal year 1994 due to expenditures for professional services related to development of the City's long range strategic plan. Transfer to Debt Service Fund reflects an 18.11% increase due to the first principal payments on the 1992 bond issue being paid this fiscal year. The School Fund and Enterprise Funds are on target with the adopted budgets without significant variances. Variances warranting comment will be explained as they occur throughout the fiscal year. I would be pleased to answer any questions that City Council may have concerning the Monthly Financial Report. (~Direct~r ~ of Finance JDG/pac Attachments CITY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE NOVEMBER 30, 1993 General Contingency: Balance July 1, 1993 Ord. NO. Deoartment CMT Contributions 31624 Transfers 31661 Contributions CMT Circuit Court Puroose Cultural Subsidy Youth Services Grant Match Williamson Road Service District Software 365,546 1,000) 1,535) 981 2.352) Total Contingency Balance $ 3614640 General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Property Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Miscellaneous Revenue Internal Services Total CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Year to Date for the Period Jul 1-Nov 30 Jul 1-Nov 30 Percentage 1992-93 1993-94 of Change $ 19,535,358 $ 19,989,187 2.32% 10,797,604 11,690,709 8.27% 252,093 298,164 18.28% 257,667 280,451 8.84% 354,275 293,463 ( 17.17%) 8,670,215 8,966,222 3.41% 121,226 63,290 ( 47.79%) 674,655 676,961 0.36% 141,020 43,357 ( 69.25%) 342,994 437,549 27.57% $ 41 147 007 $ 42.739,353 3.87% Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received 54,930,443 36.39% 41,637,306 28.08% 622,000 47.94% 636,000 44.17% 855,702 34.29% 28,394,873 31.58% 89,500 70.72% 2,545,689 26.59% 290,$80 14.91% 1,590,300 27.51% 131r691~693 32.48% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Jul 1-Nov 30 1992-93 Year to Date for the Period General Government $ 3,673,367 Judicial Administration 1,457,749 Public Safety 12,583,934 Public Works 9,646,283 Health and Welfare 5,460,555 Parks, Recreation and Curtural 1,937,404 Community Development 338,567 Transfer to Debt Service Fund 3,668,871 Transfer to School Fund 13,779,845 Nondepartmental 2,079,398 Total $ 54 625 873 Jul 1-Nov 30 Percentage Unencumbered 1993-94 of Change Balance $ 3,719,513 1.26% $ 5,641,461 1,448,262 ( 0.65%) 2,184,880 12,160,586 ( 3.36%) 19,043,293 8,479,542 ( 12.10%) 11,408,732 6,038,246 10.58% 11,010,027 Percent of Reviled Budget Appropriations Obligated $ 9,260,974 40.16% 3,633,142 39.86% 31,203,879 38.97% 19,888,274 42.64% 17,048,273 35.42% 2,225,642 14.88% 2,352,903 4,678,545 48.61% 406,948 19.90% 620,018 1,025,966 39.57% 4,333,252 18.11% 3,981,356 14,092,454 2.27% 19,729,435 1.954,231 ( 6.02%) 2.227,946 $ 54 857 676 0.42% $ 78,100,061 8,314,608 52.12% 33,821,889 41.67% 4,162,177 46.73% $ 132,957,727 41.26% 2 State Sales Tax Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Transfer from General Fund Special Purpose Grants Total CITY OF ROANOKE, VIRGINIA SCHOOLFUND STATEMENT OF REVENUE Year to Date for the Period Jull-Nov 30 Jull-Nov 30 Percentage 1992-93 1993-94 of Change 2,407,699 $ 2,386,635 ( 0.87%) 9,509,036 9,756,299 2.60% 233,237 264,015 13.20% 689,470 696,971 1.09% 13,779,847 14,188,771 2.97% 2~362~976 3~213~967 36.01% 28 982 265 $ 301506~648 Current Fiscal Year E~timates Received $ 7,226,287 33.03% 23,859,029 40.89% 2,052,120 12.87% 2,450,755 28.44% 33,821,889 41.95% 3~213,967 100.OO% $ 72;624rO37 42.01% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Jul 1-Nov 30 Jul 1-Nov 30 1992-93 1993-94 Instruction $ 18,184,321 $ 18,087,755 General Support 763,257 739,005 Transportation 772,476 821,936 Operation and Maintenance of Plant 3,327,136 3,425,250 Food Services 965,694 895,062 Facirities 1,006,125 1,536,236 Other Uses of Funds 1,101,393 1,588,271 Special Purpose Grants 4r414~209 5~745r922 Total $ 30,534,611 $ 32~839,437 Current Fiscal Year Percent of Percentage Unencumbered Revised Budget of Change Balance Appropriations Oblisated 0.53%) $ 33,106,260 $ 51,194,015 35.33% 3.18%) 1,915,230 2,654,235 27.84% 6.40% 1,787,651 2,609,587 31.50% 2.95% 5,045,375 8,470,625 40.44% 7.31%) 2,164,827 3,059,889 29.25% 52.69% 528,705 2,O64,941 74.40% 44.21% 278,786 1,867,056 85.07% 30.17% 5,745,922 NA 7.55% $ 44,826;833 $ 77,666,270 42.28% 3 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF NOVEMBER 30, 1993 Expenditures Unexpended Outstanding Unencumbered Buduat To Date Balance Encumbrances Balance General Government Education 8,295,151 Recreation 48,418 Streets and Bridges 7,473,657 Sanitation Projects 2,951,753 Traffic Engineering & Communications 1,280,861 Other Infrastructure Projects 7,592,099 Capital Improvement Reserve 5,045,402 Total $24,952,558 $ 9,348,062 $ 15,604,496 $ 872,976 $ 14,731.520 3,631,107 4,664,044 2,049,809 2,614,235 12.388 36,030 22,674 13,356 3,360,295 4,113.362 1,691.309 2,422,053 2,228,402 723,351 620.293 103.058 1.215,475 65,386 26,984 38,402 4,051.528 3.540,571 888,482 2,652,089 5.045.402 5.045,402 $57.639.899 $ 23.847.257 $ 33.792.642 $ 6.172.52.~7 ~ 271620,115 4 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 5 MONTHS ENDING NOVEMBER 30, 1993 Operating Revenue: Commercial Sales Domestic Sales Industrial Sales Town of Vinton Roanoke County Customer Service Total Operating Revenue 1993 $1,360,585 1,241,368 110,180 7,370 549,228 137,179 3,405.910 1992 1,048,112 1,004,726 86,317 9,058 632,403 130.130 2.910,746 Less: Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Add: Non-Operating Revenue Interest on investments Rents Miscellaneous Sale of Land Total Non-Operating Revenue Net Income 421,211 911,775 337,171 1,670.157 1,735,753 30,631 1,475 1,463 33,569 $1.769.322 390,376 847,362 295,811 1,533,549 1,377,197 26,580 5,300 124 150 32,154 1.409,351 5 WATER FUND NOVEMBER 30, 1993 (CONTINUED) Capital Outlay Not included in Operating Expenses: Proiect Vehicular Equipment New Services, 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 Filter Plant Phase II Cont B-2 Carvins Cove Filter Plant Phase II Cont C-1 Carvins Cove Filter Plant Phase II Cont C-2 Water System Leak Survey RCIT Water Storage Tank Carvins Cove Phase II Cont B-1 Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Exoenditures $ 3,252 202,715 105,087 3,350 180,846 12,103 1,515,844 9,007 1,084 829,442 52,325 1,056,702 6,952,577 184,397 315,157 345,638 1,022,996 66,938 2,627 278,236 13,141,323 4,491,204 $ 8,650,119 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 5 MONTHS ENDING NOVEMBER 30, 1993 Operating Revenue: Sewage Charges - City Sewage Charges - County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services Interfund Services Total Operating Revenue Less: Operating Expenses 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 $ 1,990,151 325,144 92,810 211,582 27,299 58,074 9,020 2,714,080 580,053 1,892,258 404,202 2.876,513 162.433) 21,891 5,247 ( 8,398) 18,740 $( 143.693) 1992 $1,880,808 304,269 87,752 223,309 27,089 31,531 13,925 2,568,683 599,674 1,695,930 400.001 2.695,605 (126.922) 27,003 50,699 14.488) 63,214 $( 63.708) 7 CITY OF ROANOKE SEWAGE TREATMENT FUND NOVEMBER 30, 1993 (CONTINUED) Capital Outlay Not Included in Operating Expenses: Project Other Equipment FY86 Projects Design Franklin Road Widening Peters Creek Flood Reduction Phase I Sewershed I/I Project Design Phase I Sewer Replacement Project PC-1 Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Exoenditures $ 9,754 66,347 35,960 56,300 140,618 185,019 493,998 213,297 280 701 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 5 MONTHS ENDING NOVEMBER 30, 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 Noise Study Grant Runway Maintenance Grant State Promotion Grant - Advertising Miscellaneous Interest Expense Paying Agent Fees interest Expense 88 Revenue Bond Issue Total Non-Operating Revenue (Expenses) Net Income (Loss} 1993 $ 35O,298 45,879 1,335,944 77,~72 1,809~993 504,351 635,090 436.683 1,576,124 233.869 78,905 10,677 18,410 35 ( 28,426) ( 2,320) (267,033) 89.752) 1992 $ 277,816 44,942 1,287,761 107,935 1,718,454 530,857 685,064 440,541 1,656.462 61,992 70,796 11,159 41,600 10,613 14,856 3,291 ( 32,327) ( 2,327) (217.454) { 99.793) 44,117 $! 37.801) 9 ROANOKE REGIONAL AIRPORT COMMISSION NOVEMBER 30, 1993 (CONTINUED) Capital Outlay Not Included in Operating Expenses: Proiect Furniture and Equipment Other Equipment Unidentified Construction Refurbish Buildings Replace Security Fencing General Aviation Development Noise Study Acquired Land Cargo Development 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 Expenditures $ 3,922 7,899 7,800 29,381 1,487 981,650 164,401 450,014 4,936 236 135,715 27,073 1,814,514 640,527 67,987 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 5 MONTHS ENDING NOVEMBER 30, 1993 Operating Revenue: Rentals Parking Fee Event Expenses Advertising Admissions Tax Commissions Novelty Fees Total Operating Revenue Less: Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating (Loss) Add: Non-Operating Revenue Operating Supplement Interest on Investments Miscellaneous Total Non-Operating Revenue Net Income 1993 144,037 41,673 43,738 997 37,632 42,912 17,301 328,290 353,495 333,882 137,555 824,932 (496,642) 618,631 6,166 1,814 626.611 $ 129,969 1992 $ 171,431 19,103 75,911 715 30,851 47,183 345,194 332,837 264,302 149,158 746,297 (401,103) 678,616 5,522 1,575 685.713 $ 284.610 11 CITY OF ROANOKE, VIRGINIA CIVIC CENTER FUND NOVEMBER 30, 1993 (CONTINUED) Capital Outlay Not Included in Operating Expenses: Project Other Equipment Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Expenditures 43,187 43,187 43,187 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 5 MONTHS ENDING NOVEMBER 30, 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 $ 114,795 97,718 68,891 187,077 68,731 23,590 56o,8o2 285,364 218,058 503.422 57,380 827,000 471 563 338,516) 303.631) 185,887 1992 2,090 116,332 81,061 187,053 91,533 24,128 502,197 241,249 218,414 459.663 42,534 719,163 2,165 955 ( 338,516) (340,768) 42.999 85.533 13 CITY OF ROANOKE, VIRGINIA NURSING HOME FUND INCOME STATEMENT FOR THE 5 MONTHS ENDING NOVEMBER 30, 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 65,424 100,384 319.371 485.179 453,296 139,741 15,017 608.054 (122,876) 3,965 404,419 408,384 1992 $ 60,010 107,715 253.576 421,301 454,131 109,788 21,852 585.771 (164,470) 3,716 405.553 409,269 244799 14 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 5 MONTHS ENDING NOVEMBER 30, 1993 Operating Revenue: Operating Revenue Total Operating Revenue Less: Operating Expenses Operating Expenses Total Operating Expenses Operating (Loss) Add: Non-Operating Revenue City Contributions Contribution from Virginia Tech Total Non-Operating Revenue Net Income 1993 48.907 48,9O7 48.907) 123,350 92,782 216.132 167.225 1992 22,975 22,975 ( 22,975) 50,000 50,000 100,000 $ 77025 15 CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUNDS FOR THE 5 MONTHS ENDING NOVEMBER 30, 1993 Operatin~l Revenue CKy Information Materials Management Utility Line Fleet Syatems Control Services Services Maintenance Charges for Services $ 942,427 Total Operating Revenue 942,427 OperatinQ Expenses TOTALS 1993 1992 66,137 $ 195.312 $ 1,174,498 ~ 1.174.079 $ 3,552,453 $ 3.812.149 66.137 195,312 1,174,498 1.174.079 3,552,453 3.812.149 Personal Services 477,802 34,776 28,567 826,480 466,445 1,824,070 1,863,754 Operating Expenses 213,441 11,352 112,871 183,644 294,442 815,750 846,155 Depreciation 91 ~783 606 17~865 81 ~303 426.982 618~539 232.352 Total Operating Expenses 783,020 46,734 159.303 1,091,427 1.177.869 3,258,359 2.942.261 Operating Income (Loss) 159,401 19,403 36,009 83,071 {3,790) 294,094 869~888 NonoperatinR Revenue Interest Revenue 14.265 3~326 2,691 12,067 13~621 45,970 41,495 Net Nonoperating Revenue 14,265 3,326 2.691 12,067 13,621 45,970 41,495 Nat lncome $ 173.66__6 $ 22,72__9 ~ 38;700 $ 95,138 $ 9,83__1 $ 340,06~4 $ 911,38~3 16 CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUND NOVEMBER 30, 1993 {CONTINUED) Capital Outlay Not Included in Operating Expenses: Proiect CIS - Other Equipment ULS - Sewershed Study FM - Furniture & Equipment FM - Vehicular Equipment Total Year to Date Expenditures $ 26,128 54,149 3,260 451,721 $ 535.258 17 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAl. s'IrATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED NOVEMBER 30, 1993 TO THE DIRECTOR OF FINANCE: GENERAl. ~FATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY THE MONTH ENDED NOVEMBER 30, 1993. GENERAL $4,028,88t .06 $5,900,453.74 WATER 25,987,040.69 742,274.78 SEWAGE 1,645,109.64 1,118,631.31 AIRPORT 6,683,412.67 422,594.22 CIVIC CENTER 610,184.76 102,414.81 INTERNAL SERVICE 136.66 0.00 TRANSPORTATION 224,786.39 110,282.91 CAPITAL 13,075,508.00 41,575.55 NURSING HOME 418,753.91 104,576.87 HOTEL & CONVENTION (429,045.18) 38.20 DEBT SERVICE 137,187.26 14,133.49 CIG 1,309,813.95 184,029.14 MATERIALS CONTROL 276,575.11 100,900.41 MANAGEMENT SERVIC 255,210.41 37,229.62 UTILITY LINES SERV 965,656.33 28.68 FLEET MAINTENANCE 1,369,059.62 175,346.81 PAYROLL 4,886,781.69 10,502,291.41 PENSlON 15,793.94 488,117.42 SCHOOL FUND 10,615,192.81 6,430,368.53 FDETC (27,182.22) 179,106.57 GRANT PROGRAMS 783,693.69 103,243.80 $9,~30,415.4~ $14,0~9,450.40 2,538,003.42 :. ~ ~!~ 31,603,771.21 1,258,197.50 1,935,768.97 829,793.44 5,792,544.79 162, 9.2s 575,0s2.3s 138. .. = o.oo 162,6~.10~ ~?'~:: ~ 208,982.42 939,~1.~ 66,920.73 ~;~ ~ 77,005.53 o.oo 7,o ,s s.oo 132,912.11 ~ ~}~ ' 93,869.90 295,7~.10 25,781.03 208,348.22 304,056.19 11,460,025.33 738,011.64 8,164,927.16 240,023.72 276~261.49 258,781.33 924,219.05 998,156.57 (7,057,120.44) 342,418.12 0.00 733.75 (398,697.52) TOTAL $72,832,553.19 $26,757,638.27 $37,249,711.95 ~ , . ~.,~:,.:= $76,380,479.64 CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED NOVEMBER 30. 1993 THAT SAID FOREGOING: CASH: CASH IN HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPO~J.~: CERTIFICATES OF DEPOSIT CENTRAL FIDELITY BANK STATE NON-ARBiTRAGE PROGRAM {SNAP) TOTN_ UNITED STATES; $30,000,000.00 28,30~,311.21 DATE: DECEMBER 14, 1993 18 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 5 MONTHS ENDING NOVEMBER 30, 1993 City's Contributions Investment Income Gain on Sale of Investments Income from Bond Discount Amortization Total Revenue 1993 $ 2,243,071 $ 2,199,935 2,900,078 104.047 $ 7,447.131 1992 2,198,706 1,581,411 1,818,305 166.268 5.764.690 Expenses Pension Payments Fees for Professional Services Active Service Death Benefit Expense From Bond Premium Amortization Administrative Expense Total Expenses Net Income Year to Date 3,038,868 180,328 12,181 240,144 3,211 3,474,732 3.972.399 $ 2,814,081 175,406 19,939 118,724 11,560 3.139,710 $ 2.624.980 19 CITY OF ROANOKE PENSION PLAN BALANCE SHEET AS OF NOVEMBER 30, 1993 Assets Cash Investments: (market value - Due from Other Funds Other Assets Total Assets 1993 $159,534,423 1992 $147,584,850) 1993 1992 234,100) $ 341,618 140,484,069 130,285,948 1,097 18.000 18,000 ~ $ 130.646.663 Liabilities and Fund Balance Due to Other Funds Total Liabilities Fund Balance, July 1 Net Income Year to Date Fund Balance Total Liabilities and Fund Balance 571,179 $ 583.689 571,179 583,689 135,724,391 127,437,994 3,972,399 2,624,980 139.696.790 130.062,974 ~ $ 130.646.663 2O 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. EAKlN Deputy City Clerk December 17, 1993 File #50-51-137 The Honorable William White, Sr. Chairperson Legislative Affairs Committee Roanoke, Virginia Dear Mr. White: A report of the Legislative Affairs Committee transmitting the 1994 Legislative Program, was before the Council of the City of Roanoke on Monday, December 13, 1993. On motion, duly seconded and unanimously adopted, action on the 1994 Legislative Program was deferred until the regular meeting of Council on Monday, December 20, 1993, at 2:00 p.m., or as soon thereafter as the matter may be heard. Council also authorized a public hearing to be held on Monday, January 3, 1994, aI 2: O0 p.m., or as soon thereafter as the matter may be heard, with regard to certain proposed City Charter Amendments. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Erie. pc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone (703) 981-2541 David A. Bowers Mayor December 13, 1993 Council Members: Elizabeth T. Bowles John S. Edwards James G. Harvey, I1 Delvis O. "Mac" McCadden Howard E. Musser William White, Sr. The Honorable Mayor and Members of City Council Roanoke, Virginia Re: 1994 Leqislative Proqram Dear Council Members: On November 29, 1993, City Council's Legislative Committee met to review the proposed 1994 Legislative Program, a copy of which is attached, prepared by the City Attorney. After careful review, the Committee approved the Program and recommended that City Council adopt the attached resolution endorsing the Program and commending it to the City's delegation to the 1994 Session of the General Assembly. Unfunded federal and State mandates have recently been the topic of much discussion, and the Policy Statements Section of the 1994 Legislative Program includes a strong statement on Mandates (pages 1-2). The Policy Statements again highlight the plight of the Commonwealth's central cities and request that the General Assembly address this critical issue (pages 4-6). The paramount issue included in the Legislative Proposals is the City Council and School Board request that the Commonwealth provide more equitable funding for the City's School Division (pages 8-10). A proposed Charter Amendment clarifies the authorities of the Director of Finance in the collection of delinquent real estate taxes (page 21). Previous Legislative Programs of the City have been responsible for improving the efficiency of local government and the quality of life of citizens of this City, and the Program that the Legislative Committee now recommends to you should continue this tradition. Please note that the proposed Charter amendment will require a public hearing, and it is recommended that Council, by motion, establish a public hearing on the proposed Charter amendments for January 3, 1994. The City Attorney has recommended this date which will permit him to complete the required public advertising and still allow for introduction of our Charter amendment bill prior to the first day of the 1994 Session as required by State Code. The Honorable Mayor and Members of City Council December 13, 1993 Page 2 The City Clerk is currently working on the scheduling of our annual meeting with the City's legislative delegation. As has been the case in previous years, the School Board will also be invited to attend. Thank you for your consideration of the 1994 Legislative Program. Resp~ectfully submitted~, Chairman, Legislative Committee WWSr:f Attachments cc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Mary F. Parker, City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of December, 1993. No. 31815-122093. A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 1994 Session of the General Assembly. WHEREAS, the members of City Council are in a unique position to be aware of the legislative needs of this City and its people; WHEREAS, previous Legislative Programs of the City have been responsible for improving the efficiency of local government and the quality of life for citizens of this City; WHEREAS, Council is desirous of again adopting and endorsing a Legislative Program to be advocated by the Council and its representatives at the General Assembly; and WHEREAS, the Legislative Committee of City Council has by report, dated December 13, 1993, recommended to Council a Legislative Program to be presented at the 1994 Session of the Genera] Assembly; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Legislative Program transmitted by report of the Legislative Committee, dated December 13, 1993, is hereby adopted and endorsed by the Council as tile City's official Legislative Program for the 1994 Session of the General Assembly. 2. The City Attorney is authorized to cause publication of notice of a public hearing with respect to proposed Charter amendments to be held at 2:00 p.m. on January 3, 1994. 3. The Clerk is directed to issue cordial invitations to the City's Senator and Delegates to the 1994 Session of the General Assembly to attend Council's Special Meeting relating to legislative matters, the date and time to be arranged. ATTEST: City Clerk. 1994 LEGISLATIVE PROGRAM CITY OF ROANOKE CITY COUNCIL SCHOOL BOARD David A. Bowers, Mayor Elizabeth T. Bowles John S. Edwards James G. Harvey, II Delvis O. "Mac" McCadden Howard E. Musser William White, Sr. Charles W. Day, Chairman Wendy O'Neil, Vice-Chairman Marilyn L. Curtis C. Nelson Harris Finn D. Pincus Clubert G. Poff James M. Turner, Jr. CITY MANAGER W. Robert Herbert SUPERINTENDENT E. Wayne Harris Wilburn C. Dibling, Jr. City Attorney 464 Municipal Building Roanoke, Virginia 24011 703-981-2431 TABLE OF CONTENTS Page Introduction .................................................. i Policy Statements ............................................. 1 Legislative Proposals .......................................... 8 Charter Amendments ............................................ 21 Appendix .................................................... A-1 Index ....................................................... A-4 INTRODUCTION The City Council is pleased to commend this Legislative Program for consideration by the 1994 Session of the General Assembly. The City Council representing all the people of our great City is uniquely qualified to understand the legislative needs of City government and our people. I am of the opinion that this Program is responsive to those needs. With the support of our legislators, and this City is fortunate to have legislators who are most supportive and responsive to the needs of our City and its citizens, I know that our City government and School Division will be improved and that the quality of life for our citizens will be advanced. This Program has been prepared by our City Attorney, Wilburn C. Dibling, Jr., with the assistance of comments and suggestions from Council members, School Board members, City and School administrators and citizens. It has been carefully reviewed by City Council's Legislative Committee consisting of Chairman William White, Sr., and Members Delvls O. "Mac" McCadden, John S. Edwards, Finn D. Pincus and The Reverend C. Nelson Harris. Upon the recommendation of the Legislative Committee, the Program was adopted and endorsed by City Council on 1993. See Resolution No. , at App. A-1. The Program consists of three parts. The first part is a series of policy statements which represent the philosophy of Roanoke City Council on a number of important policy issues. Obviously, it is impossible to anticipate all the legislative issues that will arise during the course of any session of the General Assembly, and these policy statements should provide helpful guidance to our legislators throughout the Session. The second part of the Program consists of specific legislative proposals of the City, and the third part consists of recommended Charter amendments. A Resolution requesting the Charter amendments is included at App. A-2. If during 'the course of the Session our legislators have questions concerning the position of the City on legislative matters, they are encouraged to contact our City Attorney who I know will be pleased to respond after consultation with Council's Legislative Committee or the School Board and any other appropriate officials. I also know that the City Attorney will be in contact with our legislators on many occasions during the 1994 Session, and their consideration of his communications is deeply appreciated. David A. Bowers Mayor POLICY STATEMENTS EFFECTIVE GOVERNMENT Local governments were originally organized to provide essential services and protection that citizens could not or would not provide for themselves. Examples of such essential local services are education, provision for health and welfare, police and fire protection, delivery of safe water, sewage treatment and refuse collection. Local governments and their officials are continually striving for economy, effectiveness, responsiveness, efficiency and productivity in delivery of such services. Unfortunately, the essential services for which local governments were originally created have been overshadowed by numerous less critical programs mandated by the federal and State governments. The federal and State governments should recognize that local governments are the best vehicle for the delivery of basic public services because local governments are closest to the people and most responsive to their needs. Furthermore, basic public services cannot be provided in the most effective way if the State attempts to dictate in minute detail the structure of all local government, the administrative and legislative procedures to be followed uniformly by all local governments and the details of all programs administered at the local level. The City opposes State intrusions in the way local governments conduct their business, including the way council meetings are conducted, procedures for adopting ordinances, what can be addressed by ordinance and what by resolution, purchasing procedures and establishment of hours of work, salaries and working conditions for employees. MANDATES According to the Joint Legislative Audit and Review Commission, Virginia's local governments are subject to 391 Federal and State mandates. These mandates require localities to perform duties without consideration of local circumstances, costs or capacity and require localities to redirect their priorities to meet Federal and State objectives regardless of other pressing local needs and priorities affecting the health, safety and welfare of citizens. The cumulative effect of Federal and State legislative and regulatory mandates has exacerbated the already serious financial problems of local governments. The General Assembly should be commended for recently showing increased sensitivity to the mandate issue. Several years ago, the General Assembly began the fiscal note process by which cost estimates for proposed legislation are completed prior to final review of the legislation by a committee. Additionally, the 1993 Session amended the State Code to require (1) that all State agencies review all mandates imposed on local governments with the objective of determining which mandates may be altered or eliminated and (2) that the Commission on Local Government prepare and annually update a catalog of Federal and State mandates. The actions taken by the 1993 Session were recommended by the Joint Legislative Audit and Review Commission's study of intergovernmental mandates and financial aid to local governments, completed in January, 1992. Several other of the Commission's recommendations should be adopted by the General Assembly. These include: Requiring a review of all mandates in specific program areas to establish the full cost of implementing mandates and to develop an appropriate basis for determining State-local funding responsibilities; and Improving the current fiscal note process by requiring that cost estimates be completed prior to first full review by a legislative committee and that legislation which negatively affects the revenue-raising ability of local governments also be submitted to the Commission on Local Government for fiscal impact analysis. EDUCATION The Report of the Governor's Commission on Virqinia's states that education should be the highest priority Futur~ of the Commonwealth. Yet, the Report notes that Virginia has not honored its commitment to education. The General Assembly is also urged to provide full funding of the State's share of the actual cost of the Standards of Quality and full funding of categorical educational mandates. In this regard, please see specific legislative proposals at pages 9-11. CLARIFICATION OF STATE AND LOCAL RESPONSIBILITIES The 1991 Session of the General Assembly is commended for requesting that the Joint Legislative Audit and Review Commission (JLARC) undertake a comprehensive review of State and local service delivery responsibilities and the funding mechanisms that support them. The sorting out process of determining which services should be performed by the State and which by its local governments is vitally important, and more rational assignment of service delivery responsibility will advance the interests of the State and local governments. The General Assembly is urged to carefully consider JLARC's recommendations, particularly those relating to State assumption of service delivery responsibility where service or performance standards are defined by federal or State law and/or regulations. GOVERNOR'S ADVISORY COMMISSION ON THE DILLON RULE AND LOCAL GOVERNMENT By Executive Order No. 42, promulgated October 28, 1991, Governor Wilder created the Governor's Advisory Commission on the Dillon Rule and Local Government and charged the Commission with the responsibility of considering current local government powers in the Commonwealth; assessing the ability of local governments to deal with local and regional issues within the framework of existing law; and evaluating the need for changes to the Code of Virginia deemed necessary to provide local governments with improved ability to address local and regional issues. Former Senator J. Granger Macfarlane was appointed to chair the Commission which rendered its report to the Governor in November, 1992. The Commission has performed an important service to the Commonwealth, and its recommendations are commended to the General Assembly. These recommendations include the following: 1. Title 15.1, Counties~ Cities and Towns, of the Code of Virginia should be recodified. Title 15.1 has not been revised since 1962, and persons testifying before the Commission uniformly criticized it as disorganized, inconsistent and confusing. Recodification of Title 15.1 should be carried out in close coordination with local government attorneys and key local government officials. The General Assembly should carefully consider JLARC's recommendations as to the assignment of service delivery responsibilities between State and local governments. The State should consider assuming responsibility for services when service and performance standards are dictated by State law and/or regulation. Also, the ability to raise revenue should more closely correspond to the requirement to provide services. The General Assembly should establish a legislative commission composed of State legislators and local government officials to study and make recommendations relating to the unique problems of central cities in the Commonwealth. While the central cities of the Commonwealth are making a vigorous effort to raise revenues, data provided by the Commission on Local Government demonstrates that they are still suffering from extreme fiscal stress. A thorough study and development of an action plan to address the special problems of central cities is needed. This effort should include an assessment of the impact of the "magnet effect", municipal overburden and related social ills that are unique to urban centers. Amend S15.1-510, Powers of counties, and S15.1-839, General grant of powers to municipalities, to provide that the authority delegated to local governments by the General Assembly shall be broadly construed to effect the purpose of the delegation. Such proposal represents a modest and reasonable relaxation of current restrictions which does not do violence to the principle that local governments can exercise only those powers specifically delegated to them by the Commonwealth. REVENUE AND FINANCE The City is vitally concerned over the continued erosion of local revenue sources. The General Assembly is urged not to cap, remove or further restrict any revenue sources that are currently available to localities, including taxing authority and user fees. Furthermore, the General Assembly should give localities additional authority, such as the one-half cent local option sales tax, to raise adequate local revenues to ensure the continued vitality of local government. Historically, real and personal property taxes have been the foundation of local tax revenues. The State's restriction and erosion of other local sources, however, has resulted in over reliance on property taxes, placing local governments in financial jeopardy. The Joint Legislative Audit and Review Commission's (JLARC's) own study shows that the real property tax rate in Virginia is the second highest among fifteen Southern states and fifty percent higher than nine Southern States. The City supports additional and more equitable sources of revenue, but the decision on which, if any, local revenue sources should be reduced or eliminated should be strictly a local decision. SPECIAL NEEDS OF CENTRAL CITIES WITHOUT ANNEXATION POWER The larger, more urbanized, central cities of the Com- monwealth, such as this City, provide a full range of housing, health, mental health, transportation, social and humanitarian services. School systems in these cities provide excellent special education programs, and private charities located in central cities provide a broad range of charitable assistance. These factors make the Commonwealth's central cities a magnet for those in need of services. 4 Consider these facts: That the City has over 4110 subsidized housing units while Roanoke County and Salem have only 198 and 216, respectively; That the City's elderly population is at 22% and increasing; That 23% of the City's population is below the age of 19 meaning that nearly 45% of the City's population are consumers of governmental services with little ability to pay for these services; and That, by 1991, 52% of children in the City Public School System came from economically deprived homes (up from 15.8% in 1980). In spite of these demographic negatives, the City has made tremendous strides in economic development. Downtown has been revitalized; industrial parks have been established; and new businesses and industries have been attracted. It is unlikely, however, that these recent successes can be sustained over the long term. In this regard, the major problem facing the City is an inadequate inventory of developable land. Much of our mountainous terrain is either undevelopable or developable only at tremendous costs. Other land in the heart of the Roanoke Valley is subject to flooding and undevelopable. Roanoke's peculiar problems are compounded by the need of central cities to provide welfare, public safety, transportation, and water and sewer services at a level not required in adjoining suburban or rural localities. These services benefit the entire region, but are paid for primarily by City taxpayers. Historically, the fiscal stress of central cities has been relieved by annexation. Recently, however, the power of annexation has, without logic, been denied to the central cities which need it most. If the central cities of the Commonwealth are to remain strong, viable Units of government, which is in the best interest of the Commonwealth, decisive action needs to be taken. Among those actions which should be considered are: Reevaluation of Virginia's unique system of independent cites which imposes upon cities the unfair responsibility of providing regional services without reimbursement from adjoining beneficiary localities; Special funding by the Commonwealth of those services provided by central cities which benefit the entire region; As recommended by the Grayson Commission (House Bill 550 introduced at the 1990 Session), creation 5 o of financial incentives to encourage governmental integration of independent cities with adjoining counties; and Also as recommended by the Grayson Commission, authority for cities with populations of less than 125,000 to make the transition to town status. ECONOMIC DEVELOPMENT City Council calls upon the Governor and the General Assembly to develop an economic development strategy for the Commonwealth and its local governments. The Commonwealth is implored to form a partnership with local governments, the business community and economic development experts to develop the strategy. The strategy should include special programs for those areas west of the Blue Ridge mountains and central cities across the Commonwealth. Each of these areas will need special financial assistance from the State if we are to have balanced growth across the Commonwealth. The strategy should also include additional educational funding for central cities. With shrinking labor pools in central cities across the State, new and existing businesses cannot afford to have young adults in these cities become unemployable. Special efforts must be made now through additional educational funding to save these at risk children. Finally, the strategy should include new marketing initiatives and financial incentives to enhance industrial recruitment efforts of the Commonwealth and its local governments. Tourism and convention activities that enhance the economic well being of the Commonwealth and its political subdivisions should be recognized as legitimate components of economic development. We urge the General Assembly to look closely at the way State tourism dollars are spent and to insure their fair distribution. Western Virginia has, in the past, not received a proportionate share of the dollars spent by the State tourism office, and there has been little emphasis on promoting the Virginia mountains. GOVERNMENTAL IMMUNITY Every session of the General Assembly brings new assaults on the doctrines of governmental immunity for political subdivisions and official immunity for local government employees. These doctrines should be retained, and in fact strengthened, for, among others, the following reasons: Local governments would be forced by loss of immunity to eliminate or cut back high risk functions or services, such as operation of nursing homes, parks and playgrounds and athletic programs, and such action is not in the public interest. 6 Frivolous suits would be encouraged. Local governments would be viewed as a "deep pocket" making them an easy target for plaintiffs who could bring suit without even attempting to identify the employee allegedly at fault. Cost of local government would increase rapidly at a time when localities can ill afford a new major drain on financial resources. Cost of defense of litigation may be a more serious problem than the obvious cost of paying judgments. When the City and an employee are sued, conflicts may require a separate attorney for each party. A recent authoritative study shows that, of every $4 paid out in litigation by local government, $3 goes to legal costs; only $1 actually goes to compensate plaintiffs. Threats of harassing lawsuits may make local government officials less likely to act decisively where courageous or difficult actions are in order. Good government is difficult to achieve when officials operate under con- stant fear of lawsuits. The cap on liability under the Virginia Tort Claims Act is illusory. The $25,000 cap on liability has already been increased to $75,000. Constant pressure will keep the cap spiraling upward. The City is opposed to any extension of the Virginia Tort Claims Act to localities and supports extension of immunity to certain groups of municipal employees and volunteers who are particularly vulnerable to suits which jeopardize the very existence of programs desired by the community. An example of a group of employees and volunteers needing immunity is coaches and officials serving in youth athletic programs sponsored by the City ZONING AND LAND USE One of the most important functions of local governments is local planning and land use control. This is appropriate because there is no entity better suited to make key land use decisions on behalf of any locality than the local governing body. In making land use decisions in this City, Council is guided by a comprehensive plan developed through a citizen-based planning process. City Council views with increasing alarm recent efforts of the General Assembly to control local land uses. The Council opposes any legislation that would restrict present land use powers of local governments to establish, modify and enforce zoning classifications. Local governments should remain free to adopt and enforce zoning changes that address local land use needs. LEGISLATIVE PROPOSALS EDUCATION - FULL FUNDING OF STANDARDS OF QUALITY The General Assembly should recognize the long standing support of public education by local governments. For many years, local governments have funded educational costs beyond their required share in efforts to provide quality education. Increased funding for education, including full funding of the State's share of the actual costs of the Standards of Quality and full funding of categorical educational mandates, is a top priority of the City Council and School Board. Increased State funding should be achieved without reduction to other funding components of the State's public education budget or to other State funding items affecting local governments. The State has begun to factor public school capital improvement costs into the Standards of Quality and should increase its share of funding such costs. Finally, no changes to educational funding formulas, which would reduce State funding of any school divisions, should be recommended without specific notice of such proposed changes being given to each school, division and the Virginia School Boards Association. Public hearings should be held with respect to such proposed changes at locations throughout the Commonwealth. Notice with respect to any changes to be presented to any Session of the General Assembly should be given at least ninety days prior to the commencement of the Session. EDUCATION - EQUITY IN FUNDING The Governor's Commission on Educational Opportunity for all Virginians was created in 1990 with the charge of advising the Governor and the General Assemb%y on how to address the problem of educational disparity. In its report to the Governor in February, 1991, the Commission recognized that, in order to address disparity in funding public education, the Commonwealth must (1) increase the size of the entire education budget by providing more funding and (2) redistribute funds so that those school divisions with lower fiscal capacity and those divisions with higher concentrations of students with special needs receive a greater proportion of the total funds. To achieve more equitable funding, the City Council and School Board urge the General Assembly to adopt the following recommendations of the Commission: Revise and fund the standards of quality to acknowledge prevailing practices and to recognize the additional costs of students with special needs, such as those who may be educationally disadvantaged, disabled or in 8 need of remedial assistance. Currently, the Commonwealth's school divisions provide a higher level of education than is required by the standards. This higher level is achieved by the expenditure of local-only funds. The impact of raising the standards would be to match State standards to prevailing practices, thus pumping additional State dollars into education. Provide a better measure than the current composite index of the ability of the Commonwealth's localities to pay for education. The composite index is the ability to pay measure that is currently used to distribute 75% of the State's education funding. Any new measure of local ability to pay for education should more accurately reflect (i) local fiscal stress; (ii) taxpayer ability to pay; and (iii) local funding effort for education. The current composite index is defective in that it does not measure local fiscal stress. While revenue capacity is an important factor, the current formula ignores the expenditure side of the local budget. Central cities, such as Roanoke, must make large expenditures for public safety, health and welfare that are not required of suburban and rural counties. Fiscal stress should be a part of the formula so that communities with crime, poverty and large numbers of children having special needs (disadvantaged students and those requiring special education or remedial education) are not shortchanged in educational funding. The composite index should also more accurately reflect taxpayer ability to pay. The current composite index appears to overemphasize land values and deemphasize income. The City's residents have a lower adjusted income than residents of surrounding localities and cannot be expected to provide the same level of financial support for education. This inability, however, should not penalize the City's school children. Finally, the composite index should measure local funding effort for education. Including debt service expenditures, the total amount of local tax revenues allocated for School purposes for Fiscal Year 1993-1994 is $36,180,719 or 38.55% of the total adjusted local tax base. Over the years, City Council has made a Herculean effort to fund education. This effort, which has imposed a heavy b~rden on the City's taxpayers, is far in excess of that made by many local governing bodies. The revised composite index should promote equal local funding effort relative to revenue capacity. Educational funding disparity has been permitted to exist for far too long in the Commonwealth. Adoption of the fiscal recommendations of the Governor's Commission on Educational Opportunity would benefit the majority of Virginia school divisions and urban school divisions in particular. EDUCATION - METHOD OF CALCULATING STANDARDS OF QUALITY COSTS The City Council and School Board urge the General Assembly to study the methodology used by JLARC in calculating the costs of the Standards of Quality (SOQ) to determine whether the formula accurately reflects the actual costs of meeting the SOQ. The new methodology appears to be inadequate in several respects. First, it artificially lowers the State average salary instead of using actual salary figures. Second, it uses an artificially low limit on the number of professionals per thousand students for which State aid is given. Third, the methodology does not address the cost differences in providing education to students with special needs, such as the inner city school population served by our School Division. Inadequacy of State funding of the SOQ is readily apparent in our own City. For Fiscal year 1993-1994, the General Assembly has set the per pupil cost of the SOQ at $2,829. Actual per pupil cost for City students, however, is estimated to be $5,127 for Fiscal Year 1993-1994. Moreover, the City schools actually received only $1,321 per pupil for this Fiscal Year (including one time hold harmless payment for enrollment loss) after application of the composite index and State sales tax to the SOQ funding formula. EDUCATION - FULL FUNDING OF STATE MANDATED PROGRAMS JLARC studies on State mandates have recommended that State funding be increased substantially for special education. The School Board strongly supports this recommendation and also supports full funding of the State's share of the actual costs of both Standards of Quality education mandates and categorical education programs. EDUCATION - SAFE SCHOOL LEGISLATION School safety and violence are increasing concerns of parents and teachers as community problems are carried over into school activities. The General Assembly adopted a "Safe School Act" at the 1993 Session. The Act provides a coordinated and comprehensive approach to ensure safe classrooms. The features of the Act should be enhanced by adoption of the following recommendations by the General Assembly: 1. Strengthening of laws regulating the sale and ownership of handguns; 10 o o o State funding assistance for security personnel and equipment, including resource officers to facilitate safe schools through drug prevention, firearm education, and police awareness; Coordination of school safety programs among the appropriate State and local agencies to include the development of school safety audits; State funding assistance for alternative education programs; and Implementation of public agency outreach programs to promote responsibility by parents for the actions of their children. EDUCATION - STATE LITERARY FUND During the 1992-1994 Biennium, the General Assembly transferred $192 million from the State Literary Fund into the General Fund to cover teacher retirement contributions. Only minimal funding is now available to meet Literary Fund requests of over $88 million in Fiscal Year 1993-1994 for school construction and the five year need is estimated to be over $2.8 billion. The General Assembly is encouraged to adopt legislation that returns a reasonable level of loan authority to the Literary Fund and to develop other low-cost financial alternatives for school construction funding. EDUCATION - HEALTH SERVICES FOR DISADVANTAGED CHILDREN Disadvantaged children throughout Virginia are suffering from a lack of affordable health services. In Roanoke City, over 4,000 children lack access to comprehensive health care and about 50% of school age children reside in low-income families -- most of whom do not have adequate health insurance. Teenage pregnancy rates throughout the Commonwealth are at an all time high and continue to escalate. The Roanoke City Schools have limited financial resources to fund health services. The General Assembly is urged to support funding for the 1994-1996 Biennium that would provide at least one public health nurse for every 1,000 children residing in the locality. The services provided by these additional public health nurse positions would be primarily for disadvantaged children. EDUCATION - ADMINISTRATIVE SALARIES AND POSITIONS The State of Mississippi recently enacted legislation to limit administrative salaries and the number of administrative positions in local school divisions. Similar legislation is being studied in 11 Virginia. The State funds less than one third of the cost of administrative positions and the number of positions and salary level is a local option. Consequently, no State mandate should be imposed on administrative salaries or positions that should remain a local prerogative based on the needs and policies of the locality. EDUCATION - ELIMINATION OF SCHOOL AGE CENSUS Every three years, all school divisions conduct a census of school age children residing in the locality. The census becomes the basis for the distribution of State educational sales tax to the locality. New methodology using pupil average daily membership (ADM) would reduce the sales tax distribution to urban localities with declining enrollment. It is estimated that Roanoke City would lose over $1.2 million in State educational aid if such a change were to occur. This legislation should be opposed unless it incorporates a mechanism to protect urban school divisions from losing State aid. EDUCATION - EMPLOYEE GRIEVANCE PROCEDURES Legislation has been introduced and defeated in prior years that would impose binding arbitration on the grievance process for teaching employees. School Boards should retain the final authority for all teacher personnel matters rather than a third party administrative official. The General Assembly is asked to reject any legislation requiring binding arbitration for teacher grievances. EDUCATION - PUPIL TRANSPORTATION The last Session of the General Assembly defeated a State-wide legislative proposal for the transportation of private school students on public school buses. The reintroduction of such legislation would place an undue burden on the public school transportation system and subsidize private school transportation cost. The General Assembly is requested to defeat this legislation if it is reintroduced. EDUCATION - SCHOOL OPENING DATE School divisions are now required to open after Labor Day which creates difficulties in scheduling for western Virginia school divisions that may have an abnormal number of closing days for inclement weather conditions. It may also require schools to remain open until the third week in June if Labor Day falls on September 6 and 7. The General Assembly is requested to remove the restriction on school opening prior to Labor Day. 12 EDUCATION - FREE TEXTBOOKS The General Assembly adopted legislation to be enacted for the !994-1996 Biennium that would provide for the funding of a free textbook system for Virginia public schools. The School Board compliments the action of the General Assembly and urges that this initiative be fully funded by the State in order to eliminate the burden of textbook rental fees on parents and students. SALES TAX - LOCAL OPTION The City strongly urges the General Assembly to enact legislation authorizing all localities to levy an additional one- half cent local option sales tax, the revenues from such additional tax to be used for general government purposes. This tax authority would be in addition to the one cent local option sales tax now available to cities and counties. If authorized and levied by the City, the Director of Finance estimates an additional $6.44 million would be generated for the City's general fund. BUSINESS LICENSE TAX Pursuant to HJR 526, adopted by the 1993 Session of the General Assembly, a subcommittee has been reviewing the appropriateness and administration of the business, professional and occupational license (BPOL) tax The BPOL tax is an extremely important local revenue source, accounting for $267,000,000 Statewide and $7.76 million locally. City Council is open to alternatives to the BPOL tax that are revenue neutral to the City of Roanoke, but Council opposes any alternative that is not revenue neutral. TRANSPORTATION - IMPROVED ACCESS TO BLACKSBURG/VIRGINIA TECI[ Direct access between the Roanoke Valley and Blacksburg/Virginia Tech is important to economic development efforts in Southwest Virginia. The State Transportation Commission has already recognized that a direct link from Blacksburg to I-8! is a different project from solving traffic congestion on U.S. Route 460 in Montgomery County, and its importance was high-lighted when it was placed in the State's 6-year plan. Thus far, the federal government has allocated nearly $6 million to the "Smart Road" project. The City supports State funding for this important regional project which will be a catalyst for the creation of new jobs in the Roanoke and New River Valleys. INTERSTATE 73 The Intermodal Surface Transportation Efficiency Act of 1991 ("ISTEA") authorized the development of a national highway system 13 to serve major population centers and major travel destinations. ISTEA identifies the Interstate 73 corridor from Charleston, South Carolina, to Detroit, Michigan, as being a high priority. The states of West Virginia and North Carolina have proposed alignments for 1-73, but the Commonwealth of Virginia has not yet decided where 1-73 should be located within this State. The interests of the Commonwealth would be better served by an 1-73 alignment following U.S. Routes 460 and 220 because such alignment would provide access to the largest population center in Virginia west of Charlottesville, the medical and financial centers of Southwestern Virginia, the largest airport in Southwestern Virginia and one of the State's major universities. Alignment of 1-73 along U.S. Route 460 and U.S. Route 220 would strengthen both interstate and intrastate commerce and provide direct economic benefits to the Commonwealth. City Council urges support for an alignment of 1-73 within the Commonwealth of Virginia following U.S. Route 460 from the West Virginia line to Roanoke and U.S. Route 220 from Roanoke to the North Carolina line. EXTENSION OF AMTRAK RAIL SERVICE The National Railroad Passenger Corporation ("AMTRAK") has recently completed an internal study of proposed new rail routes, including a new line from New York to Atlanta by way of Roanoke. The proposed new route will connect major northeast cities with Atlanta through the western Virginia cities of Charlottesville, Lynchburg and Roanoke, as well as the eastern Tennessee cities of Nashville and Chattanooga. Because of declining air and bus service to many cities, the new AMTRAK route would provide badly needed transportation access and act as a catalyst to development of local economies. Faster rail service to downtown Roanoke would provide additional support and increase visibility of such local economic development programs as the Hotel Roanoke and Conference Center, the Historic City Market, the Virginia Museum of Transportation, Center in the Square, Henry Street and other attractions and businesses in downtown Roanoke. City Council endorses the proposal to extend AMTRAK service between New York and Atlanta via Roanoke and urges the City's delegation to work with the City to bring about this vital transportation link and economic catalyst. Specifically, the General Assembly is requested to support, including provision of any necessary funding, a feasibility study of the proposed new route to be jointly conducted by AMTRAK and the Virginia Department of Rail and Public Transportation. 14 ECONOMIC DEVELOPMENT City Council calls on the Governor and the General Assembly to develop an economic development strategic plan for the Commonwealth and its local governments. The Plan should be developed through a process that encourages participation of State and local development professionals, local governments and the business community. A specific element of this plan of action should be new marketing initiatives and financial incentive opportunities, including State and local tax benefits for a business locating or remaining in a Virginia locality. The intent of the new plan of action should be to make Virginia and its local governments more competitive with neighboring states. VIRGINIA MUSEUM OF TRANSPORTATION The Virginia Museum of Transportation, located in downtown Roanoke, attracts a significant number of visitors to downtown and is important to people of this region in understanding our railroad heritage. In the first year of the current Biennium, the Museum received no State funding, but in the second year of the Biennium, the Museum's funding was restored to $110,000. The General Assembly is urged to provide increased State funding for the Transportation Museum during the new Biennium. NURSING HOME The City-owned Nursing Home is subject to State-imposed ceilings on Medicaid reimbursement. This ceiling applies to locally-owned facilities, but does not apply to facilities operated by the Commonwealth. Because the employees of our Nursing Home are better paid than employees in private facilities, Medicaid does not fully reimburse our costs, and our Nursing Home is running a $410,000 annual deficit. The State is urged to treat locally-owned nursing homes the same as State facilities for purposes of Medicaid reimbursement. PUBLIC LIBRARIES City Council joins public library systems across the Commonwealth in urging full funding of the State-aid formula for public libraries. The current fiscal year finds libraries funded at 60% of the formula level. Full funding for Virginia libraries under the formula would provide $17,000,000 in State aid for Fiscal Year 1994-1995. This represents an increase in $7,000,000 over the current fiscal year funding. If public libraries are not adequately funded, the City's General Fund will have to make up the 15 difference or purchase of new library materials will have to be significantly reduced. LAW LIBRARY The Roanoke Law Library is a public library providing services to private citizens, students, teachers, government agencies and businesses as well as the Bar. The Law Library is supported primarily by a filing fee of $4.00 levied on each civil action filed in the Circuit Court or the General District Court. Recently, the number of filings has, however, been down sharply. In Fiscal Year 1991-1992, the Law Library received $163,311 in filing fees, whereas in Fiscal Year 1993-1994, the Law Library is projected to receive only $120,291 in fees. At the same time, over the same three-year period, the cost of legal publications increased twenty-four percent and the Library's budget for these publications decreased eleven percent. The $4.00 ceiling on filing fees levied on civil actions was established by the 1988 Session of the General Assembly. In order to provide adequate support for the Law Library, the General Assembly is urged to increase the allowable fee ceiling under ~42.1-70, Code of Virginia (1950), as amended, from $4.00 per case to $6.00 per case. The General Assembly is also requested to apply this fee to criminal cases as well as civil cases. LONG TERM CARE The issue of long term care of adults who are disabled, retarded, abused or incompetent is currently being considered by a task force and the Joint Commission on Health Care. Legislative proposals may include broad new mandates for local government service provision and funding. City Council does not oppose efforts by the Commonwealth to restructure State level long term care administration in order to more effectively use its resources for services. City Council, however, vigorously opposes any effort by the State to require local governments to furnish additional services or to take on additional administrative roles in the area of long term care unless the State furnishes full funding for these new responsibilities. Council also opposes any restructuring of local long term care administration which would require the City to pay for such services without the power to establish policy for the delivery of such services. 16 FIREARMS City Council is increasingly concerned with the level of violent crime, Statewide and locally. This City was among the first to implement community based crime prevention programs involving cooperative efforts of citizens, neighborhood organizations, the business community, law enforcement agencies and local departments of the City. Much violent crime involves the use of a firearm. City Council supports efforts of the United States Congress and the General Assembly to enact measures to deter the use of firearms in the commission of crimes. CURFEW VIOLATIONS In 1992, a Citizens' Task Force recommended that the City's curfew ordinance be modernized and streamlined. Subsequently, City Council adopted a new ordinance, and the City administration, in conjunction with the Juvenile and Domestic Relations District Court and its Court Service Unit, developed and implemented a juvenile citation program which provides for Juvenile Court intervention in the case of repeat offenders. Dispositional alternatives, however, are severely limited because curfew violation is considered a status offense. In order to provide teeth for local government curfew ordinances, the General Assembly is urged to amend Title 16.1 to treat violation of local curfew ordinances the same as a traffic violation. Availability of fines and driver license revocation as dispositional alternatives in curfew cases would create a substantial deterrent to recidivism. COMMISSION ON POPULATION GROWTH AND DEVELOPMENT In 1989, the General Assembly established the Commission on Population Growth and Development. Establishment of the Commission fulfilled a commitment in the Chesapeake Bay Act and was recommended by an earlier General Assembly-appointed task force known as the Year 2020 Panel. Over the past several months, the Commission has been actively working on draft legislation which it seeks to have introduced at the 1994 Session. City Council is firmly committed to the principle that no entity is better equipped to make land use decisions at the local level than the local governing body. Accordingly, Council opposes any State effort to intervene in local land use decisions. Specifically, Council opposes any legislation by which local land use tools would be reviewed and evaluated for consistency with State-defined goals. 17 Two proposals of the Commission, however, warrant favorable legislative consideration. First, City Council supports a proposed requirement that the State establish a long-range strategic planning process intended to improve coordination and cooperation among State agencies. Second, Council endorses the establishment of a proposed Statewide geographic information network which would assist decision making at both the State and local government levels. VIRGINIA PUBLIC EMPLOYEE RETIREMENT SYSTEMS - PORTABILITY OF BENEFITS The recruitment and retention by the Commonwealth and local governments of qualified officers and employees is critical to maintaining and improving the quality of public service in the Commonwealth. Intrastate mobility of public service professionals would facilitate and enhance the recruitment of qualified personnel. Some political subdivisions of the Commonwealth do not participate in the Virginia Retirement System. State law does not currently provide for portability between local retirement systems or the local retirement systems and the Virginia Retirement System. The General Assembly is, therefore, requested to study the portability of retirement benefits between the governmental retirement systems of the Commonwealth. FREEDOM OF INFORMATION ACT The City Council strongly supports the free flow of information to citizens and the media through conduct of governmental affairs in the open, in good faith compliance with the Freedom of Information Act. It is recognized, however, that it is in the public's best interests to discuss some matters privately prior to official action. Accordingly, the City opposes extension of limitations on closed meetings and exempt records which upset the Act's careful balance between promoting a fully informed public and protecting matters the premature release of which would not be in the public's best interests. The City believes that amendment of the Act to require production of customized computer records would be unwise. In addition, localities should be able to continue charging reasonable fees for computer records that must be provided under the Act. NOTICE OF CLAIMS Section 8.01-222, Code of Virginia (1950), as amended, requires that notice of personal injury and property damage claims against cities and towns be given in writing within six months 18 after the occurrence. Compliance with §8.01-222 is simple; a claimant merely needs to state the nature of the claim and the time and place at which the injury occurred. Bills have been introduced at several recent sessions of the General Assembly to repeal this valuable notice requirement. Although compliance with §8.01-222 is simple, the notice requirement is vital to the Commonwealth's cities and towns. First, the notice provides the opportunity to correct any defect on public property which may have caused injury before another injury occurs. Second, the notice requirement affords the city or town a fair opportunity to investigate the facts and circumstances relating to a claim. The city has hundreds of miles of streets and sidewalks and usually becomes aware of a slip and fall or trip and fall only when notice is filed. Fresh notice is essential to the conduct of any meaningful investigation. If ~8.01-222 is repealed, cities and town will frequently first learn of a claim two years after the fact when suit is filed. This will deny any reasonable opportunity to conduct an investigation of the facts and circumstances relating to the injury. In this regard, a locality is unlike a private property owner who is usually aware immediately of an injury on his property. The City believes that the notice requirement represents sound public policy and urges the defeat weakening or repealing §8.01-222. of ~8.01-222 of any bill EXTENSION OF OCCUPATIONAL DISEASE PRESUMPTIONS Police officers, deputy sheriffs and firefighters have the advantage of nearly irrebutable presumptions that heart disease and hypertension are occupational diseases under the Workers' Compensation Act. Firefighters have an additional presumption with respect to lung disease. The City currently has a Workers' Compensation Act liability of $2.6 million for heart, hypertension and lung awards made to public safety officers as a result of the statutory presumption. Without stating any opinion as the wisdom of the current presumptions, the City urges the General Assembly not to extend the occupational disease presumption to new diseases, such as cancer. The high incidence of cancer among Americans is known to all of us, and, as terrible as this disease is, it should not be the subject of a work related presumption. COLLECTIVE BARGAINING Any legislation authorizing collective bargaining for public employees in general or for any public employee group should be opposed. 19 Ail public employees now have effective grievance procedures. Both the City and the School Board have developed effective means of communication which permit public employees to voice their concerns. Collective bargaining would be a detriment to the progress which has been made. 20 CHARTER AMENDMENTS DIRECTOR OF FINANCE - COLLECTION POWERS Section 37 of the City Charter and §58.1-3934, Code of Virginia (1950), as amended, authorize the City Council to transfer the responsibility to collect certain delinquent local taxes from the City Treasurer to the Director of Finance. Pursuant to $37, City Council has previously transferred to the Director of Finance the responsibility to collect delinquent real estate taxes. When such transfer occurs, it appears the Director of Finance has delegated to him all collection powers of the City Treasurer, except the Treasurer's powers with respect to collection of real estate taxes. See §58.1-3934. Treasurer's powers as to real estate tax collection apparently not transferred to the Director of Finance include the tax lien, levy or distress and the annual statutory advertisement of delinquent taxes. Such powers are essential if the Director of Finance's collection efforts are to be effective, and the City Council urges the General Assembly to amend the City Charter to provide this additional authority for the Director of Finance. 21 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 1994 Session of the General Assembly. WHEREAS, the members of City Council are in a unique position to be aware of the legislative needs of this City and its people; WHEREAS, previous Legislative Programs of the City have been responsible for improving the efficiency of local government and the quality of life for citizens of this City; WHEREAS, Council is desirous of again adopting and endorsing a Legislative Program to be advocated by the Council and its representatives at the General Assembly; and WHEREAS, the Legislative Committee of City Council has by report, dated December 13, 1993, recommended to Council a Legislative Program to be presented at the 1994 Session of the General Assembly; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Legislative Program transmitted by report of the Legislatlve Committee, dated December 13, 1993, is hereby adopted and endorsed by the Council as tile City's official Legislative Program for the 1994 Session of the General Assembly. 2. The City Attorney is authorized to cause publication of notice of a public hearing with respect to proposed Charter amendments to be held at 2:00 p.m. on January 3, 1994. 3. The Clerk is directed to issue cordial invitations to the City's Senator and Delegates to the 1994 Session of the General Assembly to attend Council's Special Meeting relating to legislative matters, the date and time to be arranged. ATTEST: City Clerk. INDEX POLICY STATEMENTS Clarification of State and Local Responsibilities ........ 2 Economic Development ..................................... 6 Education ................................................ 2 Effective Government ..................................... 1 Governmental Immunity .................................... 6 Governor's Advisory Commission on The Dillon Rule and Local Government .................................... 3 Mandates ................................ 1 Revenue a~ ~i~i~ ...iiii...i ............. i... 11...4 Special Needs of Central Cities Without Annexation Power ........................................ 4 Zoning and Land Use ...................................... 7 LEGISLATIVE PROPOSALS Business License Tax .................................... 13 Collective Bargaining ................................... 19 Commission on Population Growth and Development ........ 17 Curfew Violations ..................................... 17 Economic Development .................................. 15 Education - Administrative Salaries and Positions ..... 11 Education - Elimination of School Age Census .......... 12 Education - Employee Grievance Procedures ............ 12 Education - Equity in Funding ......................... 8 Education - Free Textbooks ........................... 13 Education - Full Funding of Standards of Quality ...... 8 Education - Full Funding of State Mandated Programs .... 10 Education - Health Services for Disadvantaged Children. 11 Education - Method of Calculating Standards of Quality Costs .......................................... 10 Education - Pupil Transportation ........................ 12 Education - Safe School Legislation ..................... 10 Education - School Opening Date ......................... 12 Education - State Literary Fund ......................... 11 Extension of Amtrak Rail Service ....................... 14 Extension of Occupational Disease Presumptions ......... 19 Firearms ............................................... 17 Freedom of Information Act ........................... 18 Interstate 73 ....................................... 13 Law Library ......................................... 16 Long Term Care ...................................... 16 Notice of Claims .................................... 18 Nursing Home ........................................ 15 Public Libraries ..................................... 15 Sales Tax - Local Option .............................. 13 Transportation - Improved Access to Blacksburg/ Virginia Tech .......................................... 13 Virginia Museum of Transportation ....................... 15 Virginia Public Employee Retirement Systems - Portability of Benefits ................................ 18 CHARTER AMENDMENTS Director of Finance - Collection Powers ................. 21 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 December 23, 1993 File #514 Daniel F. Layman, Jr., Attorney Woods, Rogers & Hazlegrove Dominion Tower, Suite 1400 10 S. Jefferson Street Roanoke, Virginia 24011 Dear Mr. Layman: I am enclosing copy of Ordinance No. 31777-122093 permanently vacating, discontinuing and closing a 100 foot portion of Maddock Avenue, lying west of Williamson Road, N. W., located between lots bearing Official Tax Nos. 3080904 and 3080905 on the south, and Official Tax Nos. 3080815 and 3080816 on the north. Ordinance No. 31777-122093 was adopted by the Council of the City of Roanoke on first reading on Monday, December 13, 1993, also adopted by the Council on second reading on Monday, December 20, 1993, and will take effect ten days following the date of its second reading. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. pc' Estate of Gertrude Smith, 109 Clover Avenue, N. W., Roanoke, Virginia 24012 Ms. Jody A. Zabo and Ms. Marianne VanBuren, 107 Maddock Avenue, N. W., Roanoke, Virginia 24012 Ms. Page M. Pence, 108 Maddock Avenue, N. W., Roanoke, Virginia 24012 Mr. and Mrs. James Perkins, 112 Maddock Avenue, N. W., Roanoke, Virginia 24012 Daniel F. Layman, Jr., Attorney December 23, 1993 Page 2 pc: 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 Doris K. Layne, Account Technician, Real Estate Valuation William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities and Operations Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner John R. Marlies, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator 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 December 23, 1993 File #514 The Honorable Arthur B. Crush, III Clerk of the Circuit Court Roanoke, Virginia Dear Mr. Crush: I am enclosing copy of Ordinance No. 31777-122093, for proper recordation in your office, which provides for permanently vacating, discontinuing and closing a 100 foot portion of Maddock Avenue, lying west of Williamson Road, N. W., located between lots bearing Official Tax Nos. 3080904 and 3080905 on the south, and Official Tax Nos. 3080815 and 3080816 on the north. Ordinance No. 31777-122093 was adopted by the Council of the City of Roanoke on first reading on Monday, December 13, 1993, also adopted by the Council on second reading on Monday, December 20, 1993, and will take effect ten days following the date of its second reading. Sincerely, ~,~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Daniel F. Layman, Jr., Attorney, Woods, Rogers and Hazlegrove, P. O. Box 14125, Roanoke, Virginia 24038 IN THE COUNCIL OF THE CITY OF ROANOKE, The 20th day of December, 1993. No. 31777-122093. VIRGINIA, AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. WHEREAS, Berglund Chevrolet, 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 right-of-way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S30-14, Code of the City of Roanoke (1979), as 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 November 8, 1993, after due and timely notice thereof as required by S30-14, Code of the City of Roanoke (1979), as amended, such hearing being continued at the December 13, 1993, meeting of City council, at which hearings all parties in interest afforded an opportunity to be heard on said and citizens were application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and no inconvenience from permanently right-of-way. THEREFORE, WHEREAS, from all of the foregoing, the Council considers that will result to any individual or to the public vacating, discontinuing and closing said public BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That certain 100' portion of Maddock Avenue, N.W., lying west of Williamson Road, N.W., between Official Tax Nos. 3080904 and 3080905 on the south and Official Tax Nos. 3080815 and 3080816 on the north be, and hereby is, permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any public 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 or replacement purposes at the time such work is 2 undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the closure of the above-described right-of-way is conditioned upon applicant's submitting to the City, receiving approval of, and recording in the Clerk's Office of the Circuit Court, a subdivision plat, providing for the combination of the land within the vacated right-of-way with the applicant's abutting property or as otherwise provided by law, providing for all necessary easements for all utilities, both public and private, existing in the right-of-way, and dedicating an area sufficient to provide a cul-de-sac turnaround at the terminus of the subject street. BE IT FURTHER ORDAINED that closure of the above-described right-of-way is conditioned upon the applicant's receiving approval from the Agent to the Commission of a plan and profile of the above-referenced cul-de-sac turnaround area; the applicant's filing with the Agent to the Planning Commission a subdivider's agreement in form acceptable to the Office of the City Attorney and a performance guarantee in an amount deemed sufficient by the Agent to the Planning Commission to provide for the construction of the above-referenced cul-de-sac turnaround area; the applicant's providing a clean environmental assessment of the land within the right-of-way to be dedicated, said assessment to be in a form acceptable to the City Manager; and the applicant's agreeing to indemnify and hold harmless the City, its agents and employees, for any liability, including but not limited to all costs, fines and penalties, arising out of the City's current ownership of the subject Maddock Avenue, N.W., being requested for closure or the City's future ownership of the land to be dedicated, said agreement to be manifested by the applicant's submitting for approval, receiving approval of, and recording in the Clerk's Office of the Circuit Court, the above-described subdivision plat. BE IT FURTHER ORDAINED that the closure of the above-described right-of-way is conditioned upon applicant's installing a landscape buffer of non-deciduous trees set on 10' centers at a minimum height of 6' along the easterly boundary of property bearing Official Tax No. 3080806, the southerly boundary of property bearing Official Tax Nos. 3080806, 3080805 and 3080804, thence along the easterly boundary of property bearing Official Tax No. 3080814, thence along and around the perimeter of the proposed new cul-de-sac and along the easterly boundary of property bearing Official Tax Nos 3080902 and 3080913, to a point abutting the right-of-way of Thurston Avenue, N.W., with the cost of said landscaping and its installation to be included in the above- referenced performance guarantee. BE IT FURTHER ORDAINED that the closure of the above-described right-of-way is conditioned upon applicant's prohibiting vehicular access onto Maddock Avenue, N.W., from the Berglund Chevrolet, Inc., operation so long as any residential uses remain on that portion of Maddock Avenue, N.W., remaining open for public use. BE IT FURTHER ORDAINED that in the event these conditions have not been met and 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 action by City Council being necessary. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of- way is shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of Berglund Chevrolet, Inc., and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk. 5 Roanoke City Planning Commission December 13, 1993 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of City Council: Subject: Results of a public meeting with concerned residents; and related recommendations on applications from Berglund Chevrolet, Inc. I. Backeround: Planning Commission, on October 6, 1993, reviewed and considered two separate applications, filed on behalf of Berglund Chevrolet, Inc. Applications requested City approval of the following: A rezoning of properties located on the north side of Maddock Avenue, N.W., beating Official Tax Nos. 3080815, 3080816, 3080817, and property located on the south side of Noble Avenue, N.W., bearing Official Tax No. 3080807, from Residential Multifamily, Low Density District (RM-1) to General Commercial District (C-2). Street closure and permanent vacation of a certain 100 foot section of Maddock Avenue, N.W. gb Owners of all properties abutting the lots requested for rezoning and the owners of all properties abutting the subject section of Maddock Avenue were duly notified of the essential particulars of each request and the time and place of the scheduled public hearings. Public opinion and comment was solicited by the chairman of the Commission, in the course of the public hearing. No public concerns or complaints opposing either of the subject requests were expressed by any individual in attendance at the hearing. Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2344 Members of Council Page 2 December 13, 1993 City Council, on November 8, 1993, received reports with recommendations from the Planning Commission to approve both applications, subject in part to certain specific conditions (see attached reports). Legal counsel representing Berglund Chevrolet, Inc., in response to a petition filed with the City by certain property owners in the general area (subsequent to the public hearing before the Commission) requested a continuance of the matter in order to provide the applicant with ample time to meet with these owners (see attached petition). City Council continued the hearing over to a future date to enable the applicant to meet with these residents. II. Current Situation: Planning Commission staff, counsel for the anulicant, and a representative of Berglund Chevrolet. Inc. met with the subject concerned property owners on December 7, 1993, at 7:00 p.m., at the City's Public Works Service Center, which is located in the immediate neighborhood. Eight residents responded to notification and were in attendance at the meeting. Residents were encouraged to express and discuss, in detail, their concerns and complaints related to the proposed rezoning or street closure. Concerns and complaints related primarily to the potential for further or future encroachments (rezonings) into the residential area north of Noble Avenue, N.W. Concerns also related to the effect the rezoning would have on adjacent property values and the quality of life in the adjacent residential community. Leeal counsel for the ao~licant advised the residents that his client had no current or future plans to petition the City to rezone any lands north of Noble Avenue, N.W. Eo Planning Commission staff explained the principal reasoning and logical basis for the Commission's recommendations to City Council to approve the current requests for rezoning and street closure, which included: The increasing incompatibilty of this narrowly compressed residential "corridor" between the existing and more intensive commercial and industrial districts. The consistent and continuing transition of land uses in this corridor area over the period of the last 20 years. Members of Council Page 3 December 13, 1993 The increasing possibility that this trend may ultimately result in the total conversion of this RM-1 corridor to a commercial use over the course of the next decade. III. Issues: A. Potential for future rezonings north of Noble Avenue. B. Effect of expanding commercial activities on adjacent residential uses. C. Expansion needs and plans of Berglund Chevrolet, Inc. IV. Alternatives: Approve the rea_uests of the applicant to rezone the subject properties and to close and vacate the subject section of Maddock Avenue, N.W., as recommended by the Planning Commission in reports to Council dated November 8, 1993. 1. Potential for future rezonines north of Noble Avenue. Future rezonings north of Noble Avenue could not be supported by City staff as this would, under the current conditions, represent a direct encroachment into an area of predominant residential use. Legal counsel for the applicant has advised the residents that Berglund has no future plans to rezone land north of Noble Avenue. 2. Effect of expanding commercial activities on adjacent residential uses. Expansion of existing commercial activities to the west will continue to have a negative effect on the few residential uses remaining in the corridor area between Berglund operations and Courtland Avenue. Properties being rezoned on Maddock Avenue will be screened from the view of Noble Avenue by a dense landscape buffer. Cul-de-sac will be installed on the remaining section of Maddock Avenue, which will reduce traffic and associated noise to a near zero factor. Members of Council Page 4 December 13, 1993 3. Expansion needs and olans of Bemlund Chevrolet. Inc. Berglund Chevrolet, Inc., has established a consistent pattern over the span of the past 20 years, in its attempts to expand its current operations. In 1973, 1979, and 1985, Berglund Chevrolet, Inc., requested the rezoning of various residential lots in this area to commercial uses. Each request was unconditionally approved by the City. Berglund, on the basis of the approval of these incremental extensions of the commercial district, subsequently committed itself to a plan of progressive expansion to extend its current operations to the easterly boundary of Courtland Avenue. Currently, only five independently owned and occupied residences remain in the RM-1 corridor. Maintaining this compressed segment as an RM-1 district for the few remaining residential uses, or for future residential use, at the expense of restricting the potential expansion and joining of the more compatible zoning boundaries of the existing commercial and industrial districts would be inconsistent with the intent of the City's comprehensive plan. The comprehensive plan encourages and provides for the appropriate separation of incompatible land uses. Deny the aDolicant's rex~_uests to rezone the subject properties and to close the subject section of Maddock Avenue, N.W., as recommended in the Planning Commission's reports dated November 8, 1993. Potential for future rezonings north of Noble Avenue would not be an issue. Effect of expanding commercial activities on adjacent residential districts would not be an issue. Expansion needs and plans of Berglund Chevrolet. Inc. Expansion of the General Commercial District (C-2) to a logical and practical boundary with the Light Manufacturing District (LM) at Courtland Avenue will be halted. Needs and plans for any further expansion of Berglund Chevrolet, Inc., in this direction will be denied. Members of Council Page 5 December 13, 1993 V. Recommendation: Approve Alternative A thereby approving the applicant's requests, as recommended in the Planning Commission's reports dated November 8, 1993. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission CAP:ERT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Attorney for the Petitioner December 3, 1993 Ms. Mary Parker City Clerk 214 Church Avenue, SW Room 451 Roanoke, Virginia 24011 To Whom It May Concern: The request by Berglund Chevrolet, Inc. for the rezoning of Noble Avenue from RM-1 to C-2 is of great concern to the property owners. While progress always requires change, it is important, however, to remember that these properties represent lifetime investments to their owners. All concerned should be treated fairly and compensated accordingly. As owner of rental property on Noble Avenue (two duplexes and one single-family dwelling), I am concerned that a zoning change would impair the opportunity to rent this property and would adversely affect my business. Sincerely, B. 'J~Webb G' 3433 Frontier Road Roanoke, Virginia (703) 366-1522 24012 BJW/nss PETITION WE, THE UNDERSIGNED OWNERS OF REAL PROPERTY IN THE VICINITY OF MADDOCK AVENUE AND NOBLE AVENUE, N. W., ROANOKE, VIRGINIA, AND SUBJECT TO THE QUESTION OF REZONING FROM RESIDENTIAL MULTI-FAMILY TO GENERAL COMMERCIAL ON NOVEMBER 8, 1993, BEFORE THE ROANOKE CITY COUNCIL, EXPRESS OUR STRONG DISAPPROVAL OF THE REZONING OF SAID PROPERTY. IN ADDITION TO OTHER THINGS, REZONING OF THIS PROPERTY WOULD RESULT IN AN INCREASE IN MOTOR VEHICLE TRAFFIC, NOISE, AND A GENERAL DISRUPTION OF THE NEIGHBORHOOD SO AS TO DESTROY ITS DESIGNATION AS A RESIDENTIAL AREA. THIS IS PARTICULARLY TRUE DUE TO THE RADICAL DIFFERENCES BETWEEN PERMITTED USES OF RM-1 AND C-2 UNDER THE CITY ZONING CODE. NAME ADDRESS C PETITION WE, THE UNDERSIGNED OWNERS OF REAL PROPERTY IN THE VICINITY OF MADDOCK AVENUE AND NOBLE AVENUE, N. W., ROANOKE, VIRGINIA, AND SUBJECT TO THE QUESTION OF REZONING FROM RESIDENTIAL MULTI-FAMILY TO GENERAL COMMERCIAL ON NOVEMBER 8, 1993, BEFORE THE ROANOKE CITY COUNCIL, EXPRESS OUR STRONG DISAPPROVAL OF THE REZONING OF SAID PROPERTY. IN ADDITION TO OTHER THINGS, REZONING OF THIS PROPERTY WOULD RESULT IN AN INCREASE IN MOTOR VEHICLE TRAFFIC, NOISE, AND A GENERAL DISRUPTION OF THE NEIGHBORHOOD SO AS TO DESTROY ITS DESIGNATION AS A RESIDENTIAL AREA. THIS IS PARTICULARLY TRUE DUE TO THE RADICAL DIFFERENCES BETWEEN PERMITTED USES OF RM-1 AND C-2 UNDER THE CITY ZONING CODE. NAME ADDRESS PETITION WE, THE UNDERSIGNED OWNERS OF REAL PROPERTY IN THE VICINITY OF MADDOCK AVENUE AND NOBLE AVENUE, N. W., ROANOKE, VIRGINIA, AND SUBJECT TO THE QUESTION OF REZONING FROM RESIDENTIAL MULTI-FAMILY TO GENERAL COMMERCIAL ON NOVEMBER 8, 1993, BEFORE THE ROANOKE CITY COUNCIL, EXPRESS OUR STRONG DISAPPROVAL OF THE REZONING OF SAID PROPERTY. IN ADDITION TO OTHER THINGS, REZONING OF THIS PROPERTY WOULD RESULT IN AN INCREASE IN MOTOR VEHICLE TR3~FFIC, NOISE, AND A GENERAL DISRUPTION OF THE NEIGHBORHOOD SO AS TO DESTROY ITS DESIGNATION AS A RESIDENTIAL AREA. THIS IS PARTICULARLY TRUE DUE TO THE RADICAL DIFFERENCES BETWEEN PERMITTED USES OF RM-1 AND C-2 UNDER THE CITY ZONING CODE. ADDRESS Williamson Road Bert, lurid Chevrolet Chevrole~ Courtlnnd Avenue MAPA 1979 0 C-2 ° ~. '~ Areas rezoned from RM-1 to C-2 -' -~ - and date of rezoning. · ~.-~ Ub I Roanoke City Planning Commission November 8, 1993 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Background: A. Room 162 Request from Berglund Chevrolet, Inc., represented by Daniel F. Layman, Jr., attorney, that a certain 100 foot portion of Maddock Avenue, N.W., west of Williamson Road, N.W., be permanently vacated, discontinued and closed. Berelund Chevrolet. Inc. submitted an application in July, 1985, requesting the City to rezone a number of lots fronting on Maddock Avenue, N.W., from Residential Multifamily (RM-1) to Commercial (C-2). Puroose of the rezoning was to provide appropriate zoning for the future commercial expansion of Berglund Chevrolet, Inc., operations. City Council approved the request. Ordinance No. 27656 was adopted on July 22, 1985, providing for the rezoning from RM-1 to C-2 of a number of lots abutting Maddock, Noble and Thurston Avenues. Rezoned lots were all located adjacent and to the rear of existing Berlgund Chevrolet, Inc., operations. Application to close and vacate a 425' section of Maddock Avenue, N.W., was submitted by Berglund Chevrolet, Inc., on December 15, 1992. Purpose of the closure was to provide additional area for commercial expansion. City Council, on February 8, 1993, adopted Ord. No. 31334-021693 providing for the closure of this section of Maddock Avenue, N.W., subject to certain specified conditions. Berelund Chevrolet, Inc., subsequently submitted an application to close and vacate an additional 50' section of Maddock Avenue, N.W. Berglund has been in the process of acquiring adjacent properties. The periodic filing of street closure and rezoning applications has been to a large degree, influenced by the time periods necessary to acquire the appropriate properties. City Council adopted Ord. No. 31404-041993 on April 12, 1993, providing for the closure of this 50' section of Maddock Avenue, N.W. Houses being acquired by Berglund Chevrolet are being moved to other ~esidential 10ts on Laconia Avenue, Avendale Avenue and Liberty Road. N W. unicipal BuiIOng 215 Church Avenue, S.W. Roanoke, Virg nia 24011 (703) 981-2344 ' II. III. 2 Go Planning_l_~ recommended that prior to the filing of any additional applications for street closure or rezonings that Berglund Chevrolet prepare and submit a comprehensive plan depicting thereon the extent to which it planned to rezone properties or close and vacate additional sections of Maddock Avenue, N.W., in the foreseeable future. Berglund Chevrolet, Inc., on July 14, 1993, submitted a preliminary subdivision plat and comprehensive plan to the City providing for the combination of all necessary properties, dedication and construction of a public turnaround, planting screen (landscaping) and other improvements necessary to effect an adequate separation between the remaining residential uses and the area of proposed commercial expansion. Apolication to close an additional 100' section of Maddock Avenue, N.W., was received on September 14, 1993. Section of additional street requested for closure extends between tax parcels 3080904, 3080905, 3080815 and 3080816. These lots have recently been acquired by Berglund Chevrolet and plans are underway to relocate the houses (116, 120 and 124) to other sites within the Williamson Road area. Comprehensive development plan submitted to the City clearly depicts and describes the proposed and intended use of the properties abutting the subject section of Maddock Avenue, N.W. Proposed use of additional lots currently being requested for rezoning from RM-1 to C-2 classification, by separate application, is also clearly depicted and described on the submitted comprehensive development plan. Properties will be used for vehicular storage, inventory space and display purposes. Plannin Comm, sion reviewed the subject application at its regular meeting of October 6, 1993. Public opinion and comment were solicited by the Commission. No public comment or complaint in opposition to the request was expressed in the course of the public hearing. Issues: A. Ne, hborhood im act. B. Traffic impact. C. Utilities within the rieht-of-way. D. Creation of a dead-end street. E. Relationship to the comprehensive nlan. 3 F. Land use. IV. Alternatives: Approve the anplicant's reo_uest to close the described section of Maddock Avenue, N.W., subject to certain conditions outlined in Section V., of this report. Area of street closure will be extended from the point of its previous closure (475', 2/8/93) to a point 575' west of Williamson Road. Houses in front of closure area are being moved to other building sites. Housing stock in the City is not being reduced as a result of this proposed expansion. Remaining residential uses will be screened from commercial uses by required landscaping with trees. Commercial access from Berglund Chevrolet operations onto the remaining section of Maddock Avenue will be prohibited so long as any residential uses remain on the reduced section of street. Traffic impact. A major portion of Maddock Avenue has previously been closed by ordinance. Current request to close additional footage will have no affect on traffic. 3. Utilities within the right-of-way: City has public utilities within the fight-of-way. Appropriate easements will be retained for these utilities. bo C&P Telephone Co., has facilities within the right-of-way and easements will accordingly be retained for these facilities. Creation at a dead-end street. Closure will create a dead-end street. Applicant will dedicate and construct a public turnaround at the proposed terminus of the street as a condition to the recommendation made in this report. 5. Relationshio to the comprehensive plan: Properties being acquired by Berglund Chevrolet are part of a narrow corridor of residential land uses that have become inappropriately compressed between intensive commercial and industrial land uses. This arm, or extension of residential uses, has been steadily dwindling in size over the years under the consistent pressure of these expanding and more intensive commercial and industrial land uses see attached map "B"). 4 b. Berglund Chevrolet, Inc., as a commercial enterprise has been in the process of expanding its commercial activities over the past several years. Berglund Chevrolet is situated adjacent to a number of residential uses in block C and D (see attached Map A). c. Berglund Chevrolet has acquired a number of abutting properties and has relocated the houses that were located on these properties to other lots in the immediate community. d. A transition of uses in Block C and D has been occurring over a number of years. Blocks C and D will very likely convert totally to commercial use over the span of the next 10 years. e. Request is consistent with the intent of the comprehensive plan that available land be used in the most appropriate manner. B. Deny the applicant's request to close the subject section of Maddock Avenue, N.W. 1. Neighborhood impact will not be an issue. 2. Traffic impact will not be an issue. 3. Utilities within the ri~ht-of-way will not be an issue. 4. Creation of a dead-end street will not be an issue. 5. Relationship to the comprehensive plan will not be an issue. Recommendation: The Planning Commission, by a vote of 5-1 (Mr. Price voting against the motion) recommends that City Council approve Alternative "A" thereby approving the applicant's request to close and vacate the described 100' section of Maddock Avenue, N.W., subject to the following conditions: A. The applicant shall submit to the City, for its review and approval, receive approval of, and record with the Clerk of Circuit Court, a subdivision plat with said plat providing thereon for the following: 1. The combination of all properties which would otherwise be landlocked by the requested closure or otherwise disposing of the land within the right-of-way to be located in a manner consistent with law. 2. The retention of appropriate easements, together with a public right of passage over the same, for subsurface installation and maintenance of any and all utilities that may be located within the right-of-way. Co 5 The dedication thereon of land sufficient in size to provide for the construction of a public turnaround at the proposed terminus of Maddock Avenue, N.W. The applicant shall receive approval from the Agent to the Planning Commission, a plan and profile of the turnaround to be constructed within the dedicated right- of-way. Prior to the City's approval of the subdivision and plan and profile, the applicant shall file with the Agent to the Planning Commission, a subdivider's agreement in a form acceptable to the Office of the City Attorney and a performance guarantee in an amount deemed sufficient by the Agent to the Planning Commission to provide for the construction of the proposed turnaround and other improvements as specified herein. The plan and profile of the proposed turnaround shall include a clean environmental assessment of the land within the right-of-way to be dedicated, said assessment to be in a form acceptable to the City Manager. The applicant shall agree to indemnify and hold harmless, the City, its agents, and employees for any liability, including but not limited to all costs, fines, and penalties, arising out of the City's current ownership of the subject section of Maddock Avenue, N.W., being requested for closure or the City's future ownership of the land to be dedicated. The applicant shall install and maintain a landscape buffer of non-deciduous trees set on 10' centers at a minimum height of 6' along the easterly boundary of property bearing official tax number 3080806, along the southerly boundary of tax parcels 3080806, 3080805, 3080804, thence along the easterly boundary of tax parcel 3080814, thence along and around the perimeter of the proposed new cul-de-sac and along the easterly boundary of tax parcels 3080902 and 3080913, to a point abutting the right-of-way of Thurston Avenue, N.W. The cost of such landscaping and its installation shall be included in the performance guarantee required in Section B. above. No vehicular access onto Maddock Avenue, N.W., from Berglund Chevrolet, Inc., operations shall be allowed so long as any residential uses remain on that portion of Maddock Avenue, N.W., remaining open for public use. If the above-cited conditions A, B, and C have not been met within a period of 12 months from the date of the adoption of the ordinance providing for the closure of the subject right-of-way, then such ordinance shall become null and void with no further action by City Council being necessary. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission JRM:ERT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Zoning Administrator Attorney for the Petitioner 6 VIRGINIA: IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE FIRST AMENDED APPLICATION OF BERGLUND CHEVROLET, INC. FOR VACATION OF A 100-FOOT PORTION OF MADDOCK AVENUE, N.W., WEST OF WILLIAMSON ROAD, N.W. TO: The Honorable Mayor and Members of City Council (1) Berglund Chevrolet, Inc. ("Petitioner") applies to have a portion of Maddock Avenue, N.W., in the City of Roanoke, Virginia, permanently vacated, discontinued, and closed pursuant to Section 15.1-364, Code of Virginia, and Section 30-14, Code of the City of Roanoke (1979), both as amended. The portion of Maddock Avenue to be closed lies adjacent to and west of the portions of Maddock Avenue (totalling 475 feet) closed by City Council in February and April 1993, and lies between the lots bearing City of Roanoke Official Tax Nos. 3080904 and 3080905 on the south and 3080815 and 3080816 on the north. It is shown cross-hatched on the copy of a portion of City of Roanoke Appraisal Map Sheet 308 attached to this Application as Exhibit A. This application would extend the closed portion of Maddock Avenue from 475 feet west of Williamson Road to 575 feet west of Williamson Road. (2) The grounds for this application are the same as those for the closing of the portions of Maddock Avenue previously vacated by City Council. PetitiOner has recently acquired the M$137237 lot designated by Official Tax No. 3080816, already owned those designated by Official Tax Nos. 3080905, 3080904, and 3080815, and would now like to have the use of the additional one hundred (100) feet of Maddock for expansion of its present facilities. Those expansion plans are now firm, and petitioner is ready to proceed. (3) If this application is approved, Petitioner agrees that it will perform and abide by the conditions set forth in the Planning Commission's report to City Council dated November 8, 1993, with respect to this application. (4) The landowners and occupants of property along the portion of Maddock Avenue which will remain open (i.e., east of the portion which is the subject of this Application) were satisfied with the conditions attached to the prior street closings, and petitioner believes that those conditions as applied to this closing (and set forth in the Planning Commission report) will likewise be satisfactory to those owners and occupants. (5) A list of the owners of property along Maddock Avenue between Courtland Road and Williamson Road (other than petitioner) is attached to this application as Exhibit B. WHE~tEFORE, Berglund Chevrolet, Inc. respectfully requests that the above-described portion of Maddock Avenue, N.W., be vacated, discontinued and closed by the Council of the City of Roanoke in accordance with Section 15.1-364, Code of Virginia, M$137237 2 and-Section 30-14, Code of the City of Roanoke, both as amended to date. Date: October 14, 1993 Daniel F. Layman, ~I~. Woods, Rogers & Hazlegrove P. O. Box 14125 Roanoke, VA 24038 (?03) 9~3-?~S3 Respectfully, BERGL~D CHEVROLEt, INC. Counsel for Petitioner ~137237 3 H~CKORY OI.OVER STREFT - AVENUE THURSTON . Exhibit A AVENUE PROPERTY OWNERS Estate of Gertrude Smith 109 Clover Ave. Roanoke, VA 24012 OFFICIAL TAX NUMBERS 3080812 Jody A. Zabo Marianne Vanburen 107 Maddock Avenue Roanoke, VA 24012 3080902 Page M. Pence 108 Maddock Avenue Roanoke, VA 24012 James J. and Eva J. Perkins 112 Maddock Avenue Roanoke, VA 24012 3080813 3080814 M~137237 Wiiliamson Road Ber~lund Chevrolet ,~cnn,'errr ~a~esr ~oo'_} Courtland Avenue MAPA ¢ E/q'r~ AVENUE 5'0 1985 1979 MAP B and date of rezoning. ~ THURSiON 198~ J PROPERTY OWNERS Estate of Gertrude Smith 109 Clover Ave. Roanoke, VA 24012 Exhibit B OFFICIAL TAX NUMBERS 3080812 Jody A. Zabo Marianne Vanburen 107 Maddock Avenue Roanoke, VA 24012 3080902 Page M. Pence 108 Maddock Avenue Roanoke, VA 24012 James J. and Eva J. 112 Maddock Avenue Roanoke, VA 24012 Perkins 3080813 3080814 M~137237 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 November 12, 1993 File #514 Daniel F. Layman, Jr., Attorney Woods, Rogers & Hazlegrove Dominion Tower, Suite 1400 10 S. Jefferson Street Roanoke, Virginia 24011 Dear Mr. Layman: A public hearing on the request of Bergiund Chevrolet, Inc., that a 100 foot portion of Maddock Avenue, lying west of Williamson Road, N. W., located between lots bearing Official Tax Nos. 3080904 and 3080905 on the south and Official Tax Nos. 3080815 and 3080816 on the north, be permanently vacated, discontinued and closed, was conducted by the Council of the City of Roanoke at a regular meeting held on Monday, November 8, 1993. On motion, duly seconded and adopted, the public hearing was tabled until the regular meeting of Council on Monday, December 13, 1993, at 7:30 p. m., or as soon thereafter as the matter may be heard. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: Estate of Gertrude Smith, 109 Clover Avenue, N. W., Roanoke, Virginia 24012 Ms. Jody A. Zabo and Ms. Marianne VanBuren, 107 Maddock Avenue, N. W., Roanoke, Virginia 24012 Ms. Page M. Pence, 108 Maddock Avenue, N. W., Roanoke, Virginia 24012 Mr. and Mrs. James Perkins, 112 Maddock Avenue, N. W., Roanoke, Virginia 24012 Daniel F. Layman, Jr., Attorney November 12, 1993 Page 2 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 Ronald H. Miller, Building Commissioner John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator NUMBER 10212~374 PUBLISHER'S FEE - '9} DANIEL F LAYMAN 10 S JEFFERSON ST SUITE 1~00 PO BOX l~125 ROANOKE VA 2403~ STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION TI~ES ~ I, (THE UNDERSIGNED) AN AUTHORIZED REPRESENTATIVE OF THE TIMES-WORLD COR- PORATION, WHICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES & WORLD-NEWS, A DAILY NEWSPAPER PUBLISHED IN ROANOKE, IN THE STATE OF VIRGINIA, DO CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 10/23/93 SATURDAY 10/29/93 MORNING WITNESS, THIS IST DAY OF NOVEMBER 1993 .~, ...A.U_Tt~.OI~i"ZE~ SIGNATURE NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, November 8, 1993, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on an application to permanently abandon, vacate, discontinue and close the following public right- of-way: Vacation of a 100-foot portion of Maddock Avenue, N. W., lying west of Williamson Road, N.W., between Official Tax Nos. 3080904 and 3080905 on the south and Official Tax Nos. 3080815 and 3080816 on the north. 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 21st day of O£tober , 1993. Mary F. Parker, City Clerk. Please publish twice in the Roanoke Times and World-News, once on Saturday, October 23, 1993, and once on Friday, October 29, 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 & 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 24011 Telephone: (703) 981-2~41 SANDRA H. EAKIN Deputy City Clerk October 21, 1993 File #514 Daniel F. Layman, Jr., Attorney Woods, Rogers & Hazlegreve 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 wili be held on Monday, November 8, 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 Bergiund Chevrolet, Inc. that a 100 foot portion of Maddock Avenue, lying west of Williamson Road, N. W., located between lots bearing Official Tax Nos. 3080904 and 3080905 on the south and Official Tax Nos. 3080815 and 3080816 on the north, be permanently vacated, discontinued and closed. For your information, I am enclosing copy of a notice of the public hearing and a report of the City Planning Commission with regard to the request for the street closure. Please review the notice and ff 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. Mariles, Chief of Community Planning, at 981-2344. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Nov Eno. Daniel F. Layman, Jr., Attorney October 21, 1993 Page 2 pc,* Estate of Gertrude Smith, 109 Clover Avenue, N. W., Roanoke, Virginia 24012 Ms. Jody A. Zabo and Ms. Marianne VanBuren, 107 Maddock Avenue, N. W., Roanoke, Virginia 24012 Ms. Page M. Pence, 108 Maddock Avenue, N. W., Roanoke, Virginia 24012 Mr. and Mrs. James Perkins, 112 Maddock Avenue, N. W., Roanoke, Virginia 24012 NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public ~ge~u-ir~' on~ 7We~['~/~es~d~y, October 6, 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 Berglund Chevrolet, Inc., represented by Daniel F. Layman, Jr., attorney, that a certain 100 foot portion of Maddock Avenue, N.W., west of Williamson Road, N.W., 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, September 21, 1993 and Tuesday, September 28, 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 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE STREET CLOSURE OF: [:IT¥ { · Request from Berglund Chevrolet, Inc., represented by Daniel F,0~ Layman, Jr., attorney, that a certain 100 foot portion of Maddock~ SE')A-ffidtiv~t:23 Avenue, N.W., west of Williamson Road, N.W., be permanently ) vacated, discontinued and closed. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1- 341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 27th day of September, 1993, notices of a public hearing to be held on the 6th day of October, 1993, on the street closure captioned above to the owner or agent of the parcels listed below at their last known address: Parcel 3080812 3080902 3080813 3080814 Qwner. Agent or Occupant Estate of Gertrude Smith Jody A. Zabo Marianne VanBuren Page M. Pence James and Eva Perkins Address 109 Clover Avenue Roanoke, VA 24012 107 Maddock Avenue Roanoke, VA 24012 108 Maddock Avenue Roanoke, VA 24012 112 Maddock Avenue Roanoke, VA 24012 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 27th day of September, 1993. Nol6.~'y Public ' ' ~ My Commission Expires: 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 September 10, 1993 File #514 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 Bergiund Chevrolet, Inc., requesting that a 100 foot portion of Maddock Avenue, west of Williamson Road, N. W., located between lots bearing Official Tax Nos. 3080904 and 3080905 on the south and Officiai Tax Nos. 3080815 and 3080816 on the north, be permanently vacated, discontinued and closed. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm a / berglund Enc. pc; The Honorable Mayor and Members of the Roanoke City Council Daniel F. Layman, Jr., Attorney, Woods, Rogers & Hazlegvove, 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 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: (?03) 981-2~41 SANDRA H. EAKIN Deputy City Clerk December 23, 1993 File #§1 Daniel F. Layman, Jr., Attorney Woods, Rogers & Hazlegrove Dominion Tower, Suite 1400 10 S. Jefferson Street Roanoke, Virginia 24011 Dear Mr. Layman: I am enclosing copy of Ordinance No. 31778-122093 rezoning a tract of land located on the north side of Maddock Avenue, N. W., designated as Official Tax Nos. 3080815, 3080816 and 3080817, and a tract of land located on the south side of Noble Avenue, N. W., designated as Official Tax No. 3080807, from RM-1, Residential Multi-family, Low Density District, to C-2, General Commercial District. Ordinance No. 31778-122093 was adopted by the Council of the City of Roanoke on first reading on Monday, December 13, 1993, also adopted by the Council on second reading on Monday, December 20, 1993, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. pc: Mr. and Mrs. Calvin W. Powers, P. O. Box 12068, Roanoke, Virginia 24022 Mr. and Mrs. B. J. Webb, 3433 Frontier Road, N. W., Roanoke, Virginia 24012 Mr. and Mrs. James J. Perkins, 112 Maddock Avenue, N. W., Roanoke, Virginia 24012 Mr. and Mrs. A. E. Humphreys, 126 Noble Avenue, N. W., Roanoke, Virginia 24012 D~r, iel F. Layman, Jr., Attorney December 23, 1993 Page 2 pc: Mr. and Mrs. Julian C. Doss, 1502 Williamson Road, N. W., Box 9, 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 Doris K. Layne, Account Technician, Real Estate Valuation William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities and Operations Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, The 20th day of December, 1993. No. 31778-122093. VIRGINIA, AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 308, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-1, Residential Multi-family, Low Density District, to C-2, General Commercial District; 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 November 8, 1993, after due and timely notice thereof as required by ~36.1-693, Code of the City of Roanoke (1979), as amended, such hearing being continued at the December 13, 1993, meeting of City Council, at which hearings 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 hearings, 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. 308 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: A tract of land located on the north side of Maddock Avenue, N.W., and designated on Sheet No. 308 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 3080815, 3080816, and 3080817, and a tract of land located on the south side of Noble Avenue, N.W., and designated on Sheet No. 308 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 3080807, all such land lying between Williamson Road, N.W., and Courtland Road, N.W., be, and are hereby rezoned from RM-1, Residential Multi-family, Low Density District, to C-2, General Commercial District, as more fully set forth in the Petition, filed in the Office of the City Clerk on September 10, 1993, and that Sheet No. 308 of the Zone Map be changed in this respect. ATTEST: City Clerk. '93 D[u[1-6 P1:29 December 3, 1993 Ms. Mary Parker City Clerk 214 Church Avenue, SW Room 451 Roanoke, Virginia 24011 To Whom It May Concern: The request by Berglund Chevrolet, Inc. for the rezoning of Noble Avenue from RM-1 to C-2 is of great concern to the property owners. While progress always requires change, it is important, however, to remember that these properties represent lifetime investments to their owners. All concerned should be treated fairly and compensated accordingly. As owner of rental property on Noble Avenue (two duplexes and one single-family dwelling), I am concerned that a zoning change would impair the opportunity to rent this property and would adversely affect ~my business. Sincerely, B. 'J ~ Webb ~'; 3433 Frontier Road Roanoke, Virginia (703) 366-1522 24012 BJW/nss CTTY OF ROANOI~E OFFTCE OF ~ CI~Y CLERK MUN~C IPAT- BUILDING 215 CHURCH AVENUE, S. W., ROOH 456 ROANOKE, VIRGINIA 24011-1536 ~LEPHONE: (703) 981-2541 (703) 981-2940 FACSIMILK TRANSMISSION REOUEST DAT~ Dec. 10~ 1993 T%~: 10:30 a.m. PAGES: 2 (including this page) Daniel F. Layman, Jr., Attorney, Woods, Rogers & Hazle~rove Roanoke, S"~'A'~ ~ Virginia City Clerk's Office MESSAGE ~ Mr. La~man, I am forwardin~ a communication from B. J~ Webb~ 3433 Frontier Road, N. W., with re~ard to the rezonin8 request of BerKlund Chevrole~ on Maddock and Noble Avenues, N. W. A copy of the communication was transmitted to the Mayor and Members of City Council on Thursdayj December 9. Sandi Eakin 981-2541 '93 ?;:-iS December 3, 1993 Ms. Mary Parker City Clerk 214 Church Avenue, SW Room 451 Roanoke, Virginia 24011 To Whom It May Concern: The request by Berglund Chevrolet, Inc. for the rezoning of Noble Avenue from RM-1 to C-2 is of great concern to the property owners. While progress always requires change, it is important, however, to remember that these properties represent lifetime investments to their owners. All concerned should be treated fairly and compensated accordingly. As owner of rental property on Noble Avenue (two duplexes and one single-family dwelling), I am concerned that a zoning change would impair the opportunity to rent this property and would adversely affect my business. Sincerely, B. J. Webb 3433 Frontier Road Roanoke, Virginia (703) 366-1522 24012 BJW/nss CITY '~J U[;l I~ l i/_,_ Roanoke City Planning Commission November 8, 1993 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Berglund Chevrolet, Inc., represented by Daniel F. Layman, Jr., attorney, that property located at the north side of Maddock Avenue, N.W., bearing Official Tax Nos. 3080815, 3080816 and 3080817 and property located on the south side of Noble Avenue, N.W., beating Official Tax No. 3080807, be rezoned from RM-1, Residential Multifamily, Low Density District to C-2, General Commercial District. I. Backeround: Purpose of the rezoning request is to place the subject property into a zoning classification that would permit the expansion of the adjoining motor vehicle dealership business onto this property. Petition. to rezone was filed on September 10, 1993. No proffers are offered by the petitioner. Planning Commission public hearing was held on Wednesday, October 6, 1993. Mr. Daniel F. Layman, attorney, appeared before the Commission on behalf of the petitioner and summarized the rezoning history of his client's property in relation to the properties currently proposed for rezoning. Mr. Layman explained that as his client is able to acquire the properties within the block defined by Noble Avenue, Courtland Avenue, and Maddock Avenue, which adjoins his business, he plans to incorporate the area for vehicle storage and display areas. Mr. Layman further informed the Commission of the proposed installation of a cul-de-sac, as part of the Maddock Avenue street closure, and the installation of a fence and landscaping buffer along the fence area which adjoins the remaining residential properties in that block area. Room 162 Ms. Evelyn Dorsey gave the staff report and informed the Commission that the Planning staff recommended approval of the requested rezoning finding that the request is in keeping with good land use planning practices and principles by placing all contiguous property under one ownership in the same zoning district classification; she further explained that given the current zoning pattern and Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2344 II. III. established nonresidential uses in the adjoining commercial and industrial districts, the balance of the existing residential area in this particular block is no longer suitable nor conducive for continued residential use, development or redevelopment. Ms. Dorsey reiterated to the Commission the fact that the petitioner was not demolishing the residential structures on the subject property but was relocateing them onto other suitable sites for continued residential use. No one from the audience appeared before the Commission to speak in favor or in opposition to the rezoning request. Issues: 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 west of.ne portion of the subject property is RM-1, Residential Multifamily District; to the east of both portions of the subject property is C-2, General Commercial District; and to the south of one portion of the subject property is also C-2, General Commercial District. Land use of the subject property is currently four single family dwellings on four individual lots. Surrounding land uses in the area are as follows: to the immediate north, west and southwest is single family residential; to the east and southeast is an automobile sales lot storage area. Access to the property is from the adjoining public street, Williamson Road. The City Traffic Engineer has stated that no traffic impacts are anticipated from the proposed development of the site as part of the existing automobile sales dealership. Do Comprehensive Plan recommends that we encourage appropriate Infill commercial development on appropriate sites and minimize land use conflicts. Alternatives: A. City Council approve the rezoning request. Zoning of the subject property would become C-2, General Commercial District and the proposed use and development of the site as part of the adjoining automobile dealership would be allowed to take place. Land use would become a part of the existing automobile sales dealership facility. Screening and buffer requirements would be set forth along the property boundaries contiguous to remaining residential properties. o Access to and from the site can safely be provided by the adjoining public street, Williamson Road. No traffic impacts are anticipated from the proposed expansion of the existing automobile dealership onto this site. 4. ~ issue as set forth would be followed. B. City Council deny the rezoning request. Zoning of the subject property would remain RM-1, Residential Multifamily, Low Density District. The proposed expansion of the adjoining commercial activity onto this property would not be allowed to occur and no additional landscaping or buffering requirements would be set forth. o Land use would remain four single family residential uses available for continued residential use. 3. Access to the site would not be an issue. 4. Com_p_rehensive Plan issue as set forth could be followed at a later date. IV. Recommendation: The Planning Commission, by a vote of 5-1 (Mr. Price voting in opposition), recommended approval of the requested rezoning based on the finding that the rezoning would be a logical extension of the adjoining C-2, General Commercial District located to the east and south of the property and would place all contiguous property under the same ownership within the same zoning district classification. Sincerely, CAP:EDD: mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Zoning Administrator Attorney for the Petitioner Charles A. Price, Jr., Chairman Roanoke City Planning Commission MARY F. PARKER City Clerk, CMC< AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room Roanoke, Virginia 2~011 Telephone: (703) 981 SANDRA H. EAKIN Deputy City Clerk September 10, 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 a petition from Daniel F. Layman, Jr., Attorney, representing Berglund Chevrolet, Inc., requeeting that three treets of land located on the north side of Maddoek Avenue, N. W., identified as Official Tax Nos. 3080815, 3080816 and 3080817, and a tract of land looated on the south side of Noble Avenue, N. E., identified as Official Tax No. 3080807, be rezoned from RM-1, Residential Multi-family District, to C-2, Generel Commercial District. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm r/bergiund l~.nc. pc: The Honoreble Mayor and Members of the Roanoke City Council Daniel F. Layman, Jr., Attorney, Woods, Rogers & Hazleffrove, Dominion Tower, Suite 1400, 10 S. Jefferson Street, Roanoke, Virginia 24011 l~Y6hn R. Mariles, Agent, City planning Commission Evelyn D. Doreey, Acting Zoning Administz~tor Ronald H. Miller, Building CommtAetoner Steven J. Talevi, Assistant City Attorney VIRGINIA: IN THE COUNCIL OF THE CITY OF In re: Rezoning of Tracts of Land Located on the North Side of Maddock Avenue, N.W. (Bearing Official Tax Nos. 3080815, 3080816, and 3080817), and on the South Side of Noble Avenue, N.W. (Bearing Official Tax No. 3080807), all Between Williamson Road and Courtland Road, from RM-1 to C-2 ROANOKE PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE (i) Petitioner Berglund Chevrolet, Inc. is the owner of three (3) lots in the City of Roanoke located on the north side of Maddock Avenue, N.W. between Williamson. Road and Courtland Road, bearing City of Roanoke Official Tax Nos. 3080815, 3080816, and 3080817, and of one (1) lot located on the south side of Noble Avenue, N.W., also between Williamson Road and Courtland Road, bearing Official Tax No. 3080807. A portion of City Appraisal Map Sheet 308 showing these lots is attached to this petition as Exhibit A. (2) Roanoke 3080815, Pursuant to Section 36.1-690, Code of the City of (1979), as amended, petitioner requests that parcels 3080816, 3080817, and 3080807 be rezoned from RM-1, Residential Multifamily, to C-2, General Commercial District, so that petitioner may extend its motor vehicle dealership business, now conducted on nearby property, to these and other adjacent lots. M#176648 (3) Petitioner believes that the requested rezoning will further the intent and purpose of the City's Zoning Ordinance and Comprehensive Plan by continuing the logical extension of an existing C-2 district. The four subject lots are among a group of sixteen lots that form a peninsula of residentially zoned land extending between a Light Manufacturing district on the west (site of the City garage) and a Commercial (C-2) district on the east, site of petitioner's existing facility. A number of lots in this same area were rezoned at petitioner's request several years ago, in order to make possible the expansion now planned. Since that rezoning, petitioner has acquired these additional lots and wishes to include them in its expanded dealership facility. (4) Squeezed as they are between industrial and commercial districts, these lots are better suited to commercial than residential use. The requested rezoning will therefore continue the logical extension of a commercial district as earlier begun, and in doing so assure the continued viability of a major business operation. (5) Attached to this petition as Exhibit B is a list of the names and addresses of the owners (other than petitioner) of all lots immediately adjacent to or across a street from the property to be rezoned, together with the Official Tax Number of each lot. WHEREFORE, petitioner requests that the parcels bearing City of Roanoke Official Tax Nos. 3080815, 3080816, 3080817, and M#'~76648 2 3080807 be rezoned from RM-1 to C-2 in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 9th, d~y of September, 1993. BERGLDT~CHEVROLET,/INC. ./ // Woods, Rogers & Hazlegrove P. O. Box 14125 Roanoke, VA 24038 (703)983-7653 Counsel for Petitioner M#176648 3 CLOVER AVENUE THURSTON ~ @ Exhibit B 3080803 3080804 3080805 3080806 3080814 3080716 3080717 3080718 Calvin W. and Mary C. 209 Bush Drive Vinton, VA 24179 Powers Calvin W. and Mary C. 209 Bush Drive Vinton, VA 24179 Powers B. J. and Janeth M. Webb 3433 Frontier Road, N.W. Roanoke, VA 24012 B. J. and Janeth M. Webb 3433 Frontier Road, N.W. Roanoke, VA 24012 James J. and Eva J. Perkins 112 Maddock Avenue, N.E. Roanoke, VA 24012 A. E. and Anna M. Humphreys 126 Noble Avenue, N.W.' Roanoke, Va 24012 B. J. and Janeth M. Webb 3433 Frontier Road, N.W. Roanoke, VA 24012 Julian C. and Dolores M. Doss 1502 Williamson Road, N.W. Box 9 Roanoke, VA 24012 M#176648 ~OBLE '-~ .,,i .I) R 0 I) 0 S I-'. I) RI=.Z ()NIN(.) VER ]LE / MADDOC~ AV[NUE I IEZ()NINO ' 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 November 12, 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: A public hearing on the request of Bergiund Chevrolet, Inc., that a tract of land located on the north side of Maddock Avenue, N. W., designated as Official Tax Nos. 3080815, 3080816 and 3080817, and a tract of land located on the south side of Noble Avenue, N. W., designated as Official Tax No. 3080807, be rezoned from RM-1, Residential Multi-Family, Low Density District, to C-2, General Commercial District, was conducted by the Council of the City of Roanoke at a regular meeting held on Monday, November 8, 1993. On motion, duly seconded and adopted, the public hearing was tabled until the regular meeting of Council on Monday, December 13, 1993, at 7:30 p.m., or as soon thereafter as the matter may be heard. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: Mr. Milton Eddlemon, 108 Noble Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Calvin W. Powers, P. O. Box 12068, Roanoke, Virginia 24022 Mr. and Mrs. B. J. Webb, 3433 Frontier Road, N. W., Roanoke, Virginia 24012 Mr. and Mrs. James J. Perkins, 112 Maddock Avenue, N. W., Roanoke, Virginia 24012 Daniel F. Layman, Jr., Attorney November 12, 1993 Page 2 Mr. and Mrs. A. E. Humphreys, 126 Noble Avenue, N. W., Roanoke, Virginia 24012 Mr. and Mrs. Julian C. Doss, 1502 Williamson Road, N. W., Box 9, 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 Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator PETITION '9) i'd)V-3 P1..., WE, THE UNDERSIGNED OWNERS OF REAL PROPERTY IN THE VICINITY OF MADDOCK AVENUE AND NOBLE AVENUE, N. W., ROANOKE, VIRGINIA, AND SUBJECT TO THE QUESTION OF REZONING FROM RESIDENTIAL MULTI-FAMILY TO GENERAL COMMERCIAL ON NOVEMBER 8, 1993, BEFORE THE ROANOKE CITY COUNCIL, EXPRESS OUR STRONG DISAPPROVAL OF THE REZONING OF SAID PROPERTY. IN ADDITION TO OTHER THINGS, REZONING OF THIS PROPERTY WOULD RESULT IN AN INCREASE IN MOTOR VEHICLE TRAFFIC, NOISE, AND A GENERAL DISRUPTION OF THE NEIGHBORHOOD SO AS TO DESTROY ITS DESIGNATION AS A RESIDENTIAL AREA. THIS IS PARTICULARLY TRUE DUE TO THE RADICAL DIFFERENCES BETWEEN PERMITTED USES OF RM-1 AND C-2 UNDER THE CITY ZONING CODE. NAME ADDRESS WE, THE UNDERSIGNED OWNERS OF REAL PROPERTY IN THE VICINITY OF MADDOCK AVENUE AND NOBLE AVENUE, N. W., ROANOKE, VIRGINIA, AND SUBJECT TO THE QUESTION OF REZONING FROM RESIDENTIAL MULTI-FAMILY TO GENERAL COMMERCIAL ON NOVEMBER 8, 1993, BEFORE THE ROANOKE CITY COUNCIL, EXPRESS OUR STRONG DISAPPROVAL OF THE REZONING OF SAID PROPERTY. IN ADDITION TO OTHER THINGS, REZONING OF THIS PROPERTY WOULD RESULT IN AN INCREASE IN MOTOR VEHICLE TRAFFIC, NOISE, AND A GENERAL DISRUPTION OF THE NEIGHBORHOOD SO AS TO DESTROY ITS DESIGNATION AS A RESIDENTIAL AREA. THIS IS PARTICULARLY TRUE DUE TO THE RADICAL DIFFERENCES BETWEEN PERMITTED USES OF RM-1 AND C-2 UNDER THE CITY ZONING CODE. NAME ADDRESS PETITION '93 NOV-3 WE, THE UNDERSIGNED OWNERS OF REAL PROPERTY IN THE VICINITY OF MADDOCK AVENUE AND NOBLE AVENUE, N. W., ROANOKE, VIRGINIA, AND SUBJECT TO THE QUESTION OF REZONING FROM RESIDENTIAL MULTI-FAMILY TO GENERAL COMMERCIAL ON NOVEMBER 8, 1993, BEFORE THE ROANOKE CITY COUNCIL, EXPRESS OUR STRONG DISAPPROVAL OF THE REZONING OF SAID PROPERTY. IN ADDITION TO OTHER THINGS, REZONING OF THIS PROPERTY WOULD RESULT IN AN INCREASE IN MOTOR VEHICLE TRAFFIC, NOISE, AND A GENERAL DISRUPTION OF THE NEIGHBORHOOD SO AS TO DESTROY ITS DESIGNATION AS A RESIDENTIAL AREA. THIS IS PARTICULARLY TRUE DUE TO THE RADICAL DIFFERENCES BETWEEN PERMITTED USES OF RM-1 AND C-2 UNDER THE CITY ZONING CODE. NAME ADDRESS EOANOK~ TI~ES ~ WO~LD-N~WS NUMBER - 102131029 PUBLISHER'S FEE - $130,20 '93 DANIEL F LAYMAN 10 S JEFFERSON ST SUITE 1400 PO BOX 14125 ROANOKE VA 2~03d STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION I, (THE UNDERSIGNED} AN AUTHORIZED REPRESENTATIVE OF THE TIMES-WORLD COR- PORATION9 WHICH CORPORATION IS PUBLISHER DF THE ROANOKE TIMES & wORLD-NEWS9 A DAILY NEWSPAPER PUBLISHED IN ROANOKE* IN THE STATE OF VIRGINIA, DO CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 10/23/93 SATURDAY 10/29/93 MORNING WITNESS9 THIS IST DAY OF NOVEMBER 1993 A~ITHOR I~ ED S IGNATUR)E 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, November 8, 1993, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, $.W., on the question of rezoning from RM-1, Residential Multi-Family, Low Density District, to C-2, General Commercial District, the following property: A tract of land located on the north side of Maddock Avenue, N.W., designated as Official Tax Nos. 3080815, 3080816 and 3080817, and a tract located on the south side of Noble Avenue, N. W., designated as Official Tax No. 3080807, all between Williamson Road, N. W., and Courtland Road, N. W. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 21st day of October , 1993. Mary F. Parker, City Clerk. Please publish twice in the Roanoke Times and World-News, once on Saturday, October 23, 1993, and once on Friday, October 29, 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 & 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 21 ~ Church Avenue, S.W., Room 456 Roanoke, Vir~inla 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk October 21, 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, November 8, 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 Bergiund Chevrolet, Inc., that a tract of land located on the north side of Maddock Avenue, N. W., designated as Official Tax Nos. 3080815, 3080816 and 3080817, and a tract of land located on the south side of Noble Avenue, N. W., designated as Official Tax No. 3080807, be rezoned from RM-1, Residential Multi-Family, Low Density District, to C-2, General Commercial District. For your information, I am enclosing copy of a notice of the public hearing and a report of the City Planning Commission with regard to the request for rezoning. Please review the notice and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney , at 981-2431. Questions with regard tothe Planning Commission report should be directed to John R. Marlles, Chief of Community Planning, at 981-2344. Mary F. Parker, CMC/AAE City Clerk MFP: sm Nov Enc. Daniel F. Layman, Jr., Attorney October 21, 1993 Page 2 pc: Mr. and Mrs. Calvin W. Powers, P. O. Box 12068, Roanoke, Virginia 24022 Mr. and Mrs. B. J. Webb, 3433 Frontier Road, N. W., Roanoke, Virginia 24012 Mr. and Mrs. James J. Perkins, 112 Maddock Avenue, N. W., Roanoke, Virginia 24012 Mr. and Mrs. A. E. Humphreys, 126 Noble Avenue, N. W., Roanoke, Virginia 24012 Mr. and Mrs. Julian C. Doss, 1502 Williamson Road, N. W., Box 9, Roanoke, Virginia 24012 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, October 6, 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 Berglund Chevrolet, Inc. ,represented by Daniel F. Layman, Jr., Attorney, that property located on Maddock Avenue, N.W., Official Tax Nos. 3080815, 3080816 and 3080817, and on Noble Avenue, N.W., Official Tax No. 3080807, be rezoned from RM-1, Residential Multifamily, Low Density District, to C-2, General Commercial District. 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, September 21, 1993 and Tuesday, September 28, 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. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2~11 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk September 10, 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 a petition from Daniel F. Layman, Jr., Attorney, representing Bergiund Chevrolet, Inc., ~equesting that three tracts of land located on the north side of Maddock Avenue, N. W., identified as Official Tax Nos. 3080815, 3080816 and 3080817, and a tract of land located on the south side of Noble Avenue, N. E., identified as Official Tax No. 3080807, be rezoned from RM-1, Residential Multi-family District, to C-2, General Commercial District. Sincerely, ~/k~(...__ Mary F. Parker, CMC/AAE City Clerk MFP: sm r/berglund Eric. 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 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: '93 $!!F'27 P3:23 Request from Berglund Chevrolet, Inc., represented by Daniel F. ) Layman, Jr., Attorney, that property located on Maddock Avenue, ) N.W., Official Tax Nos. 3080815, 3080816 and 3080817, and on )AFFIDAVIT Noble Avenue, N.W., Official Tax No. 3080807, be rezoned ) from RM-1, Residential Multifamily, Low Density District, ) to C-2, General Commercial District. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) 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 27th day of September, 1993, notices of a public hearing to be held on the 6th day of October, 1993, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner, Agent or Occupant Address 3080803 3080804 Calvin W. and Mary C. Powers 209 Bush Drive Vinton, VA 24179 P. O.Box 12068 Roanoke, VA 24022 3080805 3080806 3080717 B. J. and Janeth M. Webb 3433 Frontier Road, NW Roanoke, VA 24012 3080814 James J. and Eva J. Perkins 112 Maddock Avenue, NW Roanoke, VA 24012 3080716 A. E. and Anna M. Humphreys 126 Noble Avenue, NW Roanoke, VA 24012 3080718 Julian C. and Dolores M. Doss Martha Pace Franklin 1502 Williamson Road, NW, Box 9 Roanoke, VA 24012 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 27th day of September, 1993. ~qotary Public My Commission Expires: MARY F. PABKF~ 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 December 23, 1993 File #514 Mr. Richard A. Newcomb P. O. Box 13451 Roanoke, Virginia 24034 Dear Mr. Newcomb: I am enclosing copy of Ordinance No. 31779-122093 permanently vacating, discontinuing and closing two alleys described as follows: AlleyNo. One, a275 foot portion of an alley as it extends from Shenandoah Avenue to Centre Avenue, N. W.; and Alley No. Two, a 260 foot portion of an alley extending from the easterly right- of-way boundary of Alley No. One to the property line dividing Official Tax Nos. 2310710 and 2310711. Ordinance No. 31779-122093 was adopted by the Council of the City of Roanoke on first reading on Monday, December 13, 1993, also adopted by the Council on second reading on Monday, December 20, 1993, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm gnc. pe: Mr. Frank Mullins, c/o Mr. Byron Mullins, 1113 Morehead Avenue, S. E., Roanoke, Virginia 24013 Mr. and Mrs. Rocky L. Wilkinson, c/o Top Hat Chimney Service, P. O. Box 20913, Roanoke, Virginia 24018 Ms. Natalie R. Foster and Ms. Mary B. Roberts, 306 First Street, S. W., Roanoke, Virginia 24011 Mr. H. B. Hodge, Jr., 3608 Jae Valley Road, S. W., Roanoke, Virginia 24014 Ms. Alice Willis D. Stroud, et als, c/o Mr. Andrew Roberts, 306 First Street, S. W., Roanoke, Virginia 24013 · 'Mr~ Richard A. Newcomb December 23, 1993 Page 2 pc: 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 Doris K. Layne, Account Technician, Real Estate Valuation William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities and Operations Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W,, Room 456 Roanoke, Virginia 2,4011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk December 23, 1993 File #514 The Honorable Arthur B. Crush, III Clerk of the Circuit Court Roanoke, Virginia Dear Mr. Crush: I am enclosing copy of Ordinance No. 31779-122093, for proper recordation in your office, which provides for permanently vacating, discontinuing and closing two alleys described as follows: Alley No. One, a 275 foot portion of an aliey as it extends from Shenandoah Avenue to Centre Avenue, N. W.; and Alley No. Two, a 260 foot portion of an alley extending from the easterly right-of-way boundary of Alley No. One to the property line dividing Official Tax Nos. 2310710 and 2310711. Ordinance No. 31779-122093 was adopted by the Council of the City of Roanoke on first reading on Monday, December 13, 1993, also adopted by the Council on second reading on Monday, December 20, 1993, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Mr. Richard A. Newcomb, P. O. Box 13451, Roanoke, Virginia 24034 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of December, 1993. No. 31779-122093. 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, Richard A. Newcomb, 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 Commission, 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 December 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 IT Roanoke, Virginia, that the City of Roanoke, Virginia, follows: ORDAINED by the Council of the City of public rights-of-way situate in the and more particularly described as Alley #1 - A 275' portion of an alley as it extends from Shenandoah Avenue, N.W., to Centre Avenue, N.W.; and Alley #2 - A 260' portion of an alley as it extends from the easterly right-of-way boundary of alley #1 to a property line dividing Official Tax Nos. 2310710 and 2310711, 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 or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described 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 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, of the City Code, and providing for the retention of appropriate easements, together with the right of public passage over the same, for the purpose of construction, repair and general maintenance of any and all utilities that may exist within said rights-of-way; the dedication of land sufficient in size to provide for the construction of a public turnaround at the proposed terminus of alley #2; 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 six (6) months from the effective date of this ordinance, this ordinance shall become null and void with no further action by City Council being necessary. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public rights-of-way on all maps and plats on file in his office on which said rights- of-way is shown, referring to the book and page 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 Richard A. Newcomb, and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk. 4 Roanoke City Planning Commission December 13, 1993 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Richard A. Newcomb that an alley running in a north-south direction from Centre Avenue to Shenandoah Avenue, N.W., adjacent to property bearing Official Tax Nos. 2310701-2310705, inclusive; and a portion of a second alley running in an east-west direction from undeveloped 21st Street to the north-south alley specified above, adjacent to property bearing Official Tax Nos. 2310706-2310710, inclusive and 2310714 through 2310718, inclusive, be permanently vacated, discontinued and closed. I. Background: Apolication is a request for the City to close and vacate two (2) public alleys. Alleys are shown and listed on the attached Map A as alley gl and alley g2. Alley gl extends in a northerly direction from Shenandoah Avenue, N.W., to Centre Avenue, N.W. for a distance of approximately 275 feet. Alley gl is partly developed and has a gravel surface extending from Shenandoah Avenue for an approximate distance of 130 feet. Remainder of alley gl is undeveloped (paper alley). Alley//2 extends in a westerly direction from an undeveloped section of 21st Street, N.W., for an approximate distance of 405 feet to an intersection with the easterly right-of-way boundary of alley gl. Alley g2 is undeveloped (paper alley). Application states that the applicant, Richard A. Newcomb, currently owns lots 1 through 10 (tax parcels 2310701 through 2310710) and lots 14 through 19 (tax parcels 2310714 through 2310719). Owners of all lots abutting the subject alleys as currently listed in the City's real estate records are shown and identified on attached Map A. Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2344 II. Current Situation: III. IV. Issues: A. B. C. D. E. F. Application for closure was received on October 18, 1993. Pu _rpose of the rea_uest is to provide additional land area for the construction of a new warehouse and office facility which will be owned and operated by the applicant. Office of Economic Development has advised the applicant in this request and fully supports the proposed closure of the subject alleys as a means of providing for the creation of a new business enterprise in the area. Planning Commission reviewed the subject application at its regular meeting of November 3, 1993. No one in attendance spoke in opposition to the request for closure. Community impact. Traffic impact. Utilities within the public right-of-way. Creation of a dead-end alley. Land use. Relationship to the comprehensive plan. Alternatives: Aoprove the applicant's request for closure and vacation of the subject alleys, subject to certain conditions outlined in Section V. of this report. 1. Community impact: a. Only a small portion of alley #1 is developed for public use. Visual inspection of the alley indicates that it is probably used on some occasions by the residence at 2127 Shenandoah Avenue. b. The remaining portions of alley #1 and alley g2 are undeveloped. Closure should have no effect on the immediate community. Traffic impact. Closure would have no impact on traffic in the area. Utilities within the right-of-way: a. City has no utilities within these alley rights-of-way. bo Staff has not received any information that would indicate that any private utilities exist within these alleys. Creation of a dead-end alley. Applicant proposes to dedicate an area sufficient to provide for a public turnaround at the proposed terminus of the alley for public use, should the remainder of the alley be opened in the future. 5. Land use: Applicant should be required to submit a subdivision plat to the City providing for the legal disposition of the land within the vacated alleys and the dedication of the proposed turnaround area. Undeveloped and unproductive land within the alleys will be used for the creation of a new business within the area. Alley areas as requested for closure are described in the application as 291 feet of alley #1, and 300 feet of alley//2. Map attached to application shows areas requested for closure as 275 feet of alley #1 and 260 feet of alley g2. Application should be amended to reflect nearest approximate area of closure. Relationship to the comprehensive plan. Request is consistent with the intent of the comprehensive plan in that available land be used in the most appropriate manner. B. Deny the applicant's request to close the subject alleys. Community impact: Potential for a new business development in the community will not be realized. 2. Traffic impact would not be an issue. 3. Utilities within the public right-of-way would not be an issue. 4. Creation of a dead-end alley would not be an issue. Land use. Land within the alley rights-of-way will remain idle and unproductive. Relationship to the comprehensive plan. Retaining unproductive land within useless and idle public rights-of-way would be inconsistent with the intent of the comprehensive plan. Recommendation: Planning Commission, by a vote of 6-0 (Mr. Buford not present for vote) recommends that City Council approve the applicant's request subject to the following conditions: JRM:ERT: mpf attachment CC: The applicant shall submit to the City for its review and approval, receive approval of, and record in the Office of the Roanoke Circuit Court, a subdivision plat, with said plat providing thereon for the following: Combining all properties which would otherwise be landlocked by the requested closure or otherwise disposing of the land within the right-of- way. The retention of appropriate casements, 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. The dedication thereon of land sufficient in size to provide for the construction of a public turnaround at the proposed terminus of alley//2. If a plat of subdivision is not approved by the City and recorded by the applicant within a period of six (6) months from the date of the adoption of the ordinance providing for the closure of the subject right-of-way, then said ordinance shall be null and void with no further action by City Council being necessary. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission Assistant City Attorney Director of Public Works City Engineer Building Commissioner Petitioner MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W,, Room 4.56 Roanoke, Virginia 24011 Telephone: (703) 981-254.1 SANDRA H. EAKIN Deputy City Clerk November 23, 1993 File #514 Mr. Richard A. Newcomb P. O. Box 13451 Roanoke, Virginia 24034 Dear Mr. Newcomb: 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, December 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 your request that two alleys, described as Alley No. One, 275 feet from Shenandoah Avenue to Centre Avenue, N. W.; and Alley No. Two, a 260 foot portion of an alley extending from the easterly right-of-way boundary of Alley No. One to a property line dividing Official Tax Nos. 2310710 and 2310711, be permanently vacated, discontinued and closed. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance and a report of the City Planning Commission with regard to the abovedescribed closure. Please review the documents 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, Mary F. Parker, CMC/AAE City Clerk MFP: sm Dec Enc. Mr. Richard A. Newcomb November 23, 1993 Page 2 pc: Mr. Frank Mullins, c/o Mr. Byron Mullins, 1113 Morehead Avenue, S. E., Roanoke, Virginia 24013 Mr. and Mrs. Rocky L. Wilkinson, c/o Top Hat Chimney Service, P. O. Box 20913, Roanoke, Virginia 24018 Ms. Natalie R. Foster and Ms. Mary B. Roberts, 306 First Street, S. W. Roanoke, Virginia 24011 ' Mr. H. B. Hodge, Jr., 3608 Jae Valley Road, S. W., Roanoke, Virginia 24014 Ms. Alice Willis D. Stroud, et als, c/o Mr. Andrew Roberts, 306 First Street, S. W., Roanoke, Virginia 24013 lC NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, December 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, vacate, discontinue and close the following public rights- of-way: Alley #1 - A 275' portion of an alley as it extends from Shenandoah Avenue, N.W., to Centre Avenue, N.W.; and Alley #2 - A 260' portion of an alley as it extends from the easterly right-of-way boundary of alley #1 to a property line dividing official Tax Nos. 2310710 and 2310711. 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 23rd day of Nov~mh~ , 1993. Mary F. Parker, Publish twice in the Roanoke Times and World-News, November 26, 1993, and once on Friday, December 3, Send publisher's affidavit and bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 City Clerk. once on Friday, 1993. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: ) ) Application of Richard A. Newcomb for vacation of alleys Application ~or vacating, discontinuing and closing of alleys MEMBERS OF COUNCIL: Richard A. Newcomb applies to have two alleys (alley #1 going from Shenandoah Avenue NW and Centre Avenue NW and portion of alley #2 starting from middle of alley #1 and ending at lot line between tax location #2510711), in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.1-564 and Section 50-14, Code of the city of Roanoke (1979), as amended. These alleys are more particularly described on the map attached and as follows: Alley #1 extends north to south from tax location #2510701 through #2510705 and tax location #2510706 and #2510714, approximately 260' from Shenandoah Avenue NW to Centre Avenue NW. Alley #2 extends west to east approximately 275' to a point contiguous with lot line separating tax location #2510710 and #2510711. Richard Newcomb proposes to dedicate a turn around at the terminus of the alley by adding a portion of lot #1~/tax location #2510719 to provide for a public turnaround; this will be provided by recordation of subdivision plat with the Clerk of Circuit Court. Richard A. Newcomb states that the grounds for this application are as follows: 1) The property to be vacated is presently totally undeveloped and totally unused and has been so ~or a great number of years. 2) The applicant desires to use the property to be vacated for construction of new warehouse and office ~acility for Newcomb Electric Co., Inc., to enhance the tax base for the City of Roaneke, and to relieve the City of any ~uture maintenance and upkeep. The petitioner~ per the attached possesses lots 1-10 and lots 14-19. WHEREFORE, Richard A. Newcomb respectfully requests that the above described alleys be vacated by the Council o~ the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-562 and Section 50-14, Code of the City of Roanoke (1~7~), as amended. Richard Newcomb ~. __ ~ November 9, ~ H.B. Hodge, Jr. Mary Roberts Natalie Alice Stroud- Rocky Wilkinson 1: 22nd Street, BI.W. Richard ~ -- Proposed Turnaround (UNDEVELOPED) 21st Street, N.W. ~ (UNDEVELOPED) ~,' ~ 21St STREET MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAlflN Deputy City Clerk October 25, 1993 File #§14 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 Richard A. Newcomb requesting that two alleys, described as Alley No. One, extending north to south from Official Tax Nos. 2310701- 2310705, inclusive, and Official Tax Nos. 2310706 and 2310714, approximately 291 feet from Shenandoah Avenue to Centre Avenue, N. W.; and Aliey No. Two, extending west to east, approximately 300 feet to a point contiguous with a lot line separating Official Tax Nos. 2310710 and 2310711, be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm a/newcomb EHe. pc: The Honorable Mayor and Members of the Roanoke City Council Mr. Richard A. Newcomb, P. O. Box 13451, Roanoke, Virginia 24034 John R. Marilas, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talavi, Assistant City Attorney TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE ALLEY CLOSURES OF: Request from Richard A. Newcomb that an alley running in a north-south direction from Centre Avenue to Shenad~i/SahOg])25 Avenue, N.W., adjacent to property bearing Official Tax Nos. ) 2310701-2310705, inclusive; and a portion of a second alley )Affidavit running in an east-west direction from undeveloped 21st Street ) to the north-south alley specified above, adjacent to property ) bearing Official Tax Nos. 2310706-2310710, inclusive and ) 2310714 through 2310718, inclusive, be permanently vacated, ) discontinued and closed. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary 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 25th day of October, 1993, notices of a public hearing to be held on the 3rd day of November, 1993, on the street closure captioned above to the owner or agent of the parcels listed below at their last known address: P0xcel Owner. Agent or Occupant Address 2310701 2310706- 2310710 2310714 2310716 2310718 Natalie Roberts Foster Mary Bess Roberts 306 First Street, SW Roanoke, VA 24011 2310715 H. B. Hodge, Jr. 3608 Jae Valley Road Roanoke, VA 24014 231O719 Alice Willis D. Stroud, et als c/o Andrew Roberts 306 First Street, SW Roanoke, VA 24011 2310712 2310713 Frank Mullins c/o Byron Mullins 1113 Morehead Avenue, SE Roanoke, VA 24013 23i0720 2310721 Rocky L. and cynthia' J. Wilkinson P.O. Box 20913 c/o Top Hat Chimney Service Raonoke, VA 24018 Ma~tha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 25th day of October, 1993. Not,~ry Public My Commission Expires: MARY F. PA~CER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (?03) 981-2541 SANDRA H. EAK1N Deputy City Clerk December 23, 1993 File #51 T. L. Plunkett, Jr., Attorney Plunkett, Logan and Oehlschlaeger Shenandoah Building Suite 300 305 First Street, S. W. Roanoke, Virginia 24011-1983 Dear Mr. Plunkett: I am enclosing copy of Ordinance No. 31780-122093 rezoning a tract of land located on Thirlane Road at Interstate 581, containing 9.9 acres, more or less, identified as Official Tax No. 6530101, from C-2, General Commercial District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioners. Ordinance No. 31780-122093 was adopted by the Council of the City of Roanoke on first reading on Monday, December 13, 1993, also adopted by the Council on second reading on Monday, December 20, 1993, and will take effect ten days following the date of its second reading. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc' COVA Corporation, P. O. Box 88259, Atlanta, Georgia 30356 W & C Corporation, 115 Fairmont Circle, Danville, Virginia 24541 Dominion B ankshares Corporation, c/o First Union National Bank Corporation, RE 340, Charlotte, North Carolina 28288 · ~T~. L. Plunkett, Jr., Attorney December 23, 1993 Page 2 pc: Krisch Realty Associates, c/o Westinghouse Credit Corporation, 13th Floor, One Oxford Center, Commonwealth RE EST Administration, Pittsburgh, Pennsylvania ]5219 Krisch Realty Associates, c/o Omni Tax Service, Inc., 4440 Sigma Road, Suite 130, Dallas, Texas 75244 Mr. Maury L. Strauss, P. O. Box 20287, Roanoke, Virginia 24018 John Katon, Director of Operations and Maintenance, Roanoke Regional Airport, 5202 Aviation Drive, N. W., Roanoke, Virginia 24012 Mr. T. A. Carter, Jr., P. O. Box 622, Salem, Virginia 24153 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 Doris K. Layne, Account Technician, Real Estate Valuation William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities and Operations Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of December, 1993. No. 31780-122093. AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 653, 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 C-2, General Commercial 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 December 13, 1993, after due and timely notice thereof as required by ~36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all 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 S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 653 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: A 9.9-acre portion of a tract of land located on Thirlane Road, N.W., and designated on Sheet No. 653 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 6530101, be, and is hereby rezoned from C-2 General Commercial District, to LM, Light Manufacturing District, subject to the following proffers: the property will be developed in substantial conformity with the site plan attached to the First Amended Petition filed in the Office of the City Clerk on November 3, 1993, subject to any changes required by the City during subdivision and site plan review, as more fully set forth in said First Amended Petition, and that Sheet No. 653 of the Zone Map be changed in this respect. ATTEST: City Clerk. '9.3 ~,iL3V 18 ,~9:2,.2 Roanoke City Planning Commission December 13, 1993 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from The J. H. Heafner Company, Inc., represented by J. Michael Gaither, and Nationsbank of Virginia, N.A., Margaret C. Jarrett, Anna J. Morris Anderson, Leonard W. Anderson, B. Wistar Morris, IH, Doris C. Kreger, A. B. Kreger, Jr., Ellen F. Andrews, William L. Andrews, Jr., James B. Andrews, II, Ellen A. Hunter, Charles E. Hunter, Jr., Lucy B. Andrews, Greendale Land Company, Betty Tom Holland Bradshaw, William B. Bradshaw, Sr., Matilda Holland Bradshaw, and Thomas Andrews Bradshaw, represented by T. L. Plunkett, Jr., Attorney, that a 9.9 acre portion of a tract of land bearing Official Tax No. 6530101, located on Thirlane Road, N.W., be rezoned from C-2, General Commercial District to LM, Light Manufacturing District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Background: Purpose of the rezoning request is to place the subject property into a zoning classification that would permit the construction of a 20,000 square foot warehouse and distribution facility on a 3.31 acre portion of the site. B. Petition to rezone was filed on October 13, 1993 First Amended Petition to Rezone was filed on October 21, 1993. The following proffer is offered by the petitioner: "That the subject property will be developed in substantial conformity with the rezoning plan prepared by T. P Parker and Son, dated October 7, 1993, a copy of which is attached to the petition for rezoning as Exhibit C, subject to any changes required by the City during subdivision review." Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2344 Members of Council Page 2 December 13, 1993 Planning Commission public hearim, was held on Wednesday, November 3, 1993. Mr. T. L. Plunkett, attorney, appeared before the Commission on behalf of the owners of the property. Mr. Plunkett summarized the purpose of the rezoning request and explained the proposed rezoning map that accompanied the petition. He then introduced Mr. Michael Gaither, attorney for the Heafner Company, the potential owner and developer of the parcel of land requested for rezoning. Mr. Gaither appeared before the Commission and briefly informed the Commission that as stated in the staff report, the rezoning would be in accordance with the land use plan for this area and good planning to allow the intended industrial development to occur at this location. He further stated that he or Mr. Plunkett were available if the Commission had any questions. Ms. Evelyn Dorsey gave the staff report. She informed the Commission that when this 55+ acre parent tract was annexed from the County, the initial zoning line dividing this tract into LM and C-2 was arbitrarily drawn across this property following no internal property line or any other identifiable boundary. She further stated that in accordance with good land use planning principles and the comprehensive plan, the preferred land use adjoining an airport is one of a non- residential use group. Ms. Dorsey also stated that industrial uses normally have the less concentration of persons at any given time in such a facility versus a commercial use, such as a shopping center, which is currently permitted by right on this property. She informed the Commission that the staff recommended approval of the requested rezoning finding that the industrial zoning district would be more compatible with the adjoining airport property than commercial development. Mr. John Katon, Director of Operations and Maintenance for the Roanoke Regional Airport, appeared before the Commission to identify some concerns the airport had in regard to this proposed rezoning and development on the property adjoining the airport. The specific area of concern was the proposed structure's compatibility to the airport's electronic navigation equipment. Considerable discussion took place pertaining to the proffered subdivision and site development plan that were shown on the same drawing and whether a separate proffered site development plan was necessary or not and if the petitioners needed to amend their proffers to address the filing of FAA Form 7460-1 as part of the rezoning or simply consider those construction requirements as part of the comprehensive site development plan review process by the City. Members of Council Page 3 December 13, 1993 Mr. Gaither stated that if the Commission desired, he would be more than happy to amend the proffer to specifically address a site development plan as shown on Attachment C of the petition and stated that the Heafner Company was well aware of the FAA restrictions and requirements for development in such close proximity to the airport. He further stated that they have every intention to comply with those regulations and that he felt it was more appropriate to make those issues a part of the site plan review process rather than the rezoning issue which deals with the use of land, not its development. Mr. Gaither then amended the original proffered condition to include comprehensive site development plan review in addition to subdivision review previously proffered. Second ~tmended petition to rezone was filed on November 3, 1993. The following condition was proffered by the petitioner: "That if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioners will abide by, the condition that the subject property will be developed in substantial conformity with the rezoning plan prepared by T. P. Parker and Son, dated October 7, 1993, a copy of which is attached to the petition for rezoning as Exhibit C, subject to any changes required by the City during subdivision review and further proffer that the subject property will be subject to both subdivision and comprehensive plan reviews. II. Issues: Zoning of the subject property is C-2, General Commercial District. The surrounding zoning pattern in the area is as follows: to the north and east is LM, Light Manufacturing District and to the south and west is C-2, General Commercial District. Bo Land use of the subject property is vacant, undeveloped land. Surrounding land uses in the area are as follows: to the immediate north is vacant, industrially zoned land and to the far north is United Parcel Service; to the east is property of the Roanoke Regional Airport Commission; to the immediate south is Valley Court, office park; to the southeast is Valley View Mall shopping center; and to the west, across 1-581, is an assortment of retail and motel commercial development in the City. Access to the property is from the adjoining public street, Thirlane Road. The City Traffic Engineer has stated that no traffic impacts are anticipated from the proposed development of the site as a warehouse and distribution facility. Members of Council Page 4 December 13, 1993 Comprehensive Plan recommends that we encourage new industrial development on appropriate sites and minimize land use conflicts. III. Alternatives: City Council approve the rezoning request. Zoning of the subject property would become conditional, LM, Light Manufacturing District, and the proposed use and development of the site as a warehouse and distribution facility would be allowed to take place. Land use would be a light industrial activity compatible with the adjoining land uses in the area. No screening and buffer requirements would be required because the proposed development site does not adjoin any residentially zoned or developed areas. Access to and from the site can safely be provided by the adjoining public street, Thirlane Road, and the proposed cul-de-sac street to be built as a part of the proposed subdivision and development of the subject property. The City Traffic Engineer has stated that given the proposed use of the property and street access, no traffic impacts are anticipated from this development. 4. Comprehensive Plan issue as set forth would be followed. B. City Council deny the rezoning request. Zoning of the subject property would remain C-2, General Commercial District. The proposed development of the subject property as a warehouse and distribution facility would not be allowed to occur. Land use would remain vacant, undeveloped land available for future commercial development at this location. 3. Access to the site would not be an issue. 4. Comprehensive Plan issue as set forth could be followed at a later date. IV. Recommendation: The Planning Commission, by a vote of 6-0 (Mr. Bradshaw abstaining from discussion and vote on this matter), recommended auDroval of the requested rezoning based on the Members of Council Page 5 December 13, 1993 finding that the rezoning would be a logical extension of the adjoining LM, Light Manufacturing District, located to the north and east of the subject property. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission JRM:EDD:mpf attachments cc: Assistant City Attorney Director of Public Works Building Commissioner Attorney for the Petitioner 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, December 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 C-2, General Commercial District, to LM, Light Manufacturing District, the following property: A 9.9-acre portion of a tract of land located on Thirlane Road, N.W., bearing Official Tax No. 6530101, 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 the question. GIVEN under my hand this 23rd day of November , 1993. heard on Mary F. Parker, City Clerk. Publish twice in the Roanoke Times and World-News, once on Friday, November 26, 1993, and once on Friday, December 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 T. L. Plunkett, Jr., Attorney Shenandoah Building Suite 300 305 First Street, S. W. Roanoke, Virginia 24011-1983 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 November 4, 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 a second amended petition from T. L. Plunkett, Jr., Attorney, representing the "Andrews Heirs" and The J. H. Heafner Co., Inc., requesting that a tract of land located on Thiriane Road at Interstate 581, containing 9.9 acres, more or less, identified as Officiai Tax No. 6530101, be rezoned from C-2, General Commercial District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioners. Sincerely, ~ Mary F. P~arker, CMC/AAE City Clerk MFP: sm r/andrews Enc. pc: The Honorable Mayor and Members of the Roanoke City Council T. L. Plunkett, Jr., Attorney, Plunkett, Logan and Oehlschlaeger, Shenandoah Building, Suite 300, 305 First Street, S. W., Roanoke, Virginia ~oh11-1983 n R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Taievi, Assistant City Attorney FIRST AMENDED PETITION IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: As their amended Petition, your Petitioners, NATIONSBANK OF VIRGINIA. N.A., Executor and Trustee of the Estate of William A. Jarrett, deceased; MARGARET C. JARRETT, widow; ANNA J. MORRIS ANDERSON and LEONARD W. ANDERSON, her husband; B. WISTAR MORRIS, III, unmarried; DORIS C. K~EGER and A. B. KREGER, JR., her husband; ELLEN F. ANDREWS, WILLIAM L. ANDREWS, JR. and James B. ANDREWS, II, as Trustees under the will of William Lee Andrews, deceased; ELLEN A. HUNTER and CHARLES E. HUNTER, JR., her husband; JAMES B. ANDREWS, II, and LUCY B. ANDREWS, his wife; GREENDALE LAND COMPANY. a Virginia partnership; BETTY TOM BRADSHAW, and WILLIAM B. BRADSHAW, SR., her husband; MATILDA HOLLAND BRADSHAW, Trustee under a Trus~ Agreement dated November 27, 1982, between Matilda Holland Bradshaw, Ida Mae Holland Perkins, Andrews Holland Oakey and Mary Curtis Holland Cannella, as Grantors, and Matilda Holland Bradshaw, Trustee, as Grantee; and MATILDA HOLLAND BRADSHAW and THOMAS ANDREWS BRADSMAW, Trustees of the Ida Mae Holland Trust under the will of Thomas J. Andrews, deceased, and as Trustees of the Bradshaw Brothers Trust under the will of Thomas J. -1- Andrews, deceased, herein referred to as "Andrews Heirs", and The J. H. Heafner Company, Inc., hereinafter referred to as "H~afner", represent that they own land in the city of Roanoke containing 9.9 acres, more or less, located on Thirlane Road at 1-581 City of Roanoke, Virginia, tax parcel 6530101. Said tract is currently zoned C-2; General Commercial District. A map of the property to be rezoned is attached as Exhibit A. The Andrews Heirs are executing this Petition for Rezoning with Heafner, for the sole purpose of assisting Heafner in rezoning the 5.88 acres which it is purchasing. The Andrews Heirs are in favor of the rezoning requested as it is consistent with the contiguous land which they own. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners request that the said property be rezoned from C-2; General Commercial District to LM; Light Manufacturing District, subject to certain conditions set forth below, for the purpose of Heafner erecting a 20,000 square foot warehouse and distribution facility on their 4.63 acre portion. The Petitioners believe the rezoning of the said tract of land will further the intent and purposes of the city's Zoning Ordinance and its comprehensive plan, by the construction of the streets and utilities by Heafner, to facilitate the industrial development of the tract of land being conveyed to the Heafner. The proposed development of a 20,000 square foot warehouse is consistent with the zoning of the majority of the remaining property owned by the Andrews Heirs. Attached as Exhibit B are the names and addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to immediately across a street or road from the property to be rezoned. The Petitioners hereby proffer and agree that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioners will abide by, the condition that the subject property will be developed in substantial conformity with the Rezoning Plan prepared by T. P. Parker and Son, dated October 7, 1993, a copy of which is attached to the Petition for Rezoning as Exhibit C subject to any changes required by the City during subdivision review and further proffer that the subject property will be subject to both subdivision and comprehensive plan reviews. waZRZFORE, the Petitioners in this First Amendment request that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. -3- Respectively No~ember, 1993. submitted this the 3rd day of Respectively submitted, , INC. B y~~~~e tary By . J. Michael Gaither Vice President and General Counsel P.O. Box 837 Lincolnton, N. C. 28093-0837 NATIONSBANK OF VIRGINIA, N.A., Executor and Trustee of the Estate of William A. Jarrett, deceased; MARGARET C. J~RRETT; ANNA J. MORRIS ANDERSON; LEONARD W. ANDERSON; B. WISTAR MORRIS, III; DORIS C. KREGER; A. B. KREGER, JR.; ELLEN F. ANDREWS; Co-Trustee under the will of William Lee Andrews, deceased; WILLIAM L. ANDREWS, JR., Co-Trustee under the will of William Lee Andrews, deceased; JAMES B. ANDREWS, II, Individually and as Co-Trustee under the will of William Lee Andrews, deceased; ELLEN A. HUNTER; CHARLES E. HUNTER, JR.; LUCY B. ANDREWS; GREENDALE LAND COMPANY, a Virginia partnership; BETTY TOM HOLLAND BRADSHAW; WILLIAM B. BRADSHAW, SR.; MATILDA HOLLAND BRADSHAW, Trustee under a Trust Agreement dated November 27, 1982, and as Co- Trustee of the Ida Mae Holland Trust under the will of Thomas J. Andrews, deceased, and as Co-Trustee of the Bradshaw Brothers Trust under the will of Thomas J. Andrews, deceased; and THOMAS ANDREWS BHADSHAW, Co-Trustee of the Ida Mae Holland Trust under the will of Thomas J. Andrews, deceased, and as -4- T. L. Plunke~t, ~r., Esquire Plunkett, Logan & Oehlschlaeger Shenandoah Building, Suite 300 305 First Street, S.W. Roanoke, Virginia 24011-1983 Co-Trustee of the Bradshaw Brothers Trust under the will of Thomas J. Andrews, deceased Couhsel -5- / / / / / / / ,/ / / / / / / / / / / / / / / / / / / / / 4..5 ACRES AREA TO BE REZONED - · 9.9 ACRES J.H. EXHIBIT "C" RI[ZONING pLAN FOR HEAFNER COMPANY, [NC. $11'gAT[ T~IiR!_ANE ROAD, N.E. CITY OF ROANOK~', ~IRGINIA SCAt.g: 1' = 200' OAT[: OCTOBER 7, 1993 ? f / / ! ! EXHIBIT E LIST OF ADJACENT PROPERTY OWNERS REOUIRED By STATUTE OFFICIAL TAX NUMBER OWNER'S NAME AND MAILING ADDRESS 6520106 6520107 6530102 6530103 6460105 6460101 6590101 6450115 COVA Corporation (UPS) P.O. Box 88259 Atlanta, GA 30356 COVA Corporation (UPS) P.O. Box 88259 Atlanta, GA 30356 w & S Corporation 115 Fairmont Circle Danville, VA 24541 Dominion Bankshares Corporation c/o First Union National Bank Corporation RE 340 Charlotte, NC 28288 Kirsch Realty Associates c/o Westinghouse Credit Corp. 13th Floor, One Oxford Center Comm. RE EST Administration Pittsburg, PA 15219 Maury L. Strauss P.O. Box 20287 Roanoke, VA 24018 Roanoke Regional Airport Commission 5202 Aviation Drive, N.W. Roanoke, VA 24012 T. A. Carter, Jr. P.O. Box 622 Salem, VA 24153 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 November 23, 1993 File #51 T. L. Plunkett, Jr., Attorney Plunkett, Logan and Oehlschlaeger Shenandoah Building Suite 300 305 First Street, S. W. Roanoke, Virginia 24011-1983 Dear Mr. Plunkett: 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, December 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 the "Andrews Heirs" and The J. H. Heafner Co., Inc., that a tract of land located on Thirlane Road at Interstate 581, containing 9.9 acres, more or less, identified as Official Tax No. 6530101, be rezoned from C-2, General Commerciai District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioners. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance and a report of the City Planning Commission with regard to the abovedescribed rezoning. Please review the documents 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, Mary F. Parker, CMC/AAE City Clerk MFP: sm Dec Enc. T. L. Plunkett, Jr., Attorney November 23, 1993 Page 2 pc: COVA Corporation, P. O. Box 88259, Atlanta, Georgia 30356 W & C Corporation, 115 Fairmont Circle, Danville, Virginia 24541 Dominion Bankshares Corporation, c/o First Union National Bank Corporation, RE 340, Charlotte, North Carolina 28288 Krisch Realty Associates, c/o Westinghouse Credit Corporation, 13th Floor, One Oxford Center, Commonwealth RE EST Administration, Pittsburgh, Pennsylvania 15219 Krisch Realty Associates, c/o Omni Tax Service, Inc., 4440 Sigma Road, Suite 130, Dallas Texas 75244 Mr. Maury L. Strauss, P. O. Box 20287, Roanoke, Virginia 24018 John Katon, Director of Operations and Maintenance, Roanoke Regional Airport Commission, 5202 Aviation Drive, N. W., Roanoke, Virginia 24012 Mr. T. A. Carter, Jr., P. O. Box 622, Salem, Virginia 24153 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA ' PERTAINING TO THE REZONING REQUEST OF: CITY Request from The I. H. Heafner Company, Inc., represented '93 D~T 55 P3:08 by J. Michael Gaither, and Nationsbank of Virginia, N.A., ) Margaret C. Jarrett, Anna J. Morris Anderson, Leonard W. ) Anderson, B. Wistar Morris, IH, Doris C. Kreger, A.B. ) Kreger, Jr., Ellen F. Andrews, William L. Andrews, Jr., ) James B. Andrews, II, Ellen A. Hunter, Charles E. Hunter, Jr., ) Lucy B. Andrews, Greendale Land Company, Betty Tom Holland )AFFIDAVIT Bradshaw, William B. Bradshaw, Sr., Matilda Holland Bradshaw, ) and Thomas Andrews Bradshaw, represented by T. L. Plunkett, Jr., ) Attorney, that a 9.9 acre portion of a tract of land bearing ) Official Tax No. 6530101, located on Thirlane Road, N.W., be ) rezoned from C-2, General Commercial District to LM, Light ) Manufacturing District, such rezoning to be subject to certain ) conditions proffered by the petitioner. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary 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 25th day of October, 1993, notices of a public hearing to be held on the 3rd day of November, 1993, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcd 6520106 6520107 6530102 6530103 6460105 6460101 6590101 Owner. Aeent or Occupant COVA Corporation W & C Corporation Dominion Bankshares Corporation c/o First Union National Bank Corporation Krisch Realty Associates cio Westinghouse Credit Corp cio Omni Tax Service, Inc. Maury L. Strauss Roanoke Regional Airport Commission Address P. O.Box 88259 Atlanta, GA 30356 115 Fairmont Circle Danville, VA 24541 RE 340 Charlotte, NC 28288 P. O. Box 13327 Roanoke, VA 24040 13th Floor, One Oxford Center Comm. RE EST Administration Pittsburg, PA 15219 4440 Sigma Rd., Suite 130 Dallas, Texas 75244 P. O. Box 20287 Roanoke, VA 24018 5202 Aviation Drive, NW Roanoke, VA 24012 6450115 T. A. Carter, Jr. P. O.Box 622 Salem, VA 24153 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 25th day of October, 1993. My Commission Expires: Notary Public MARY F, PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Ro~noke, Virginia 2~11 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk November 4, 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 a second amended petition from T. L. Plunkett, Jr., Attorney, representing the "Andrews Heirs" and The J. H. Heafner Co., Inc., requesting that a tract of land located on Thirlane Road at Interstate 581, containing 9.9 acres, more or less, identified as Official Tax No. 6530101, be rezoned from C-2, General Commercial District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioners. Sincerely, City Clerk MFP: sm r/andrews Ene. pc: The Honorable Mayor and Members of the Roanoke City Council T. L. Plunkett, Jr., Attorney, Plunkett, Logan and Oehlschlaeger, Shenandoah Building, Suite 300, 305 First Street, S. W., Roanoke, Virginia 24011-1983 John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Taievi, Assistant City Attorney MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 4.36 R~anoke, Virginia 24011 Telephone: (703) 981-2341 SANDRA H. EAKIN [~puty City Clerk October 25, 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 T. L. Plunkett, Jr., Attorney, representing the "Andrews Heirs" and The J. H. Heafner Company, Inc., requesting that a tract of land located on Thtriane Road at Interstate 581, containing 9.9 acres, more or less, identified as Official Tax No. 6530101, be rezoned from C-2, General Commercial District, to LM, Light Manufacturing District, ub]ect to certmn conditions proffered by the petitionera. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm r/andrews Eno o pc: The Honorable Mayor and Members of the Roanoke City Council T. L. Plunkett, Jr., Attorney, Plunkett, Logan and Oehlschiaeger, Shenandoah Building, Suite 300, 305 First Street, S. W., Roanoke, Virginia 24011-1983 John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning. Administrator Ronal'd H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney 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 Cierk October 19, 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 a petition from T. L. Plunkett, Jr., Attorney, representing the "Andrews Heirs" and The J. H. Heafner Company, Inc., requesting that a tract of land located on Thirlane Road at Interstate 581, containing 9.9 acres, more or less, identified as Official Tax No. 6530101, be rezoned from C-2, General Commercial 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/andrews Enc. pc: The Honorable Mayor and Members of the Roanoke City Council T. L. Plunkett, Jr., Attorney, Plunkett, Logan and Oehlschlaeger, Shenandoah Building, Suite 300, 305 First Street, S. W., Roanoke, Virginia 24011-1983 John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney 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 December 23, 1993 File #91 Carolyn S. Ross Clerk of Council Town of Vinton P. O. Box 338 Vinton, Virginia 24179 Mary H. Allen, Clerk Roanoke County Board of Supervisors P. O. Box 29800 Roanoke, Virginia 24018-0798 Dear Ms. Ross and Ms. Allen: I am enclosing copy of Ordinance No. 31781-122093 adopting and authorizing the Mayor of the City of Roanoke to execute an Agreement between the Town of Vinton, the County of Roanoke, and the City of Roanoke relating to the boundary line between said governmental entities, and directing that certain other actions relating to such boundary line be taken. Ordinance No. 31781-122093 was adopted by the Council of the City of Roanoke on first reading on Monday, December 13, 1993, also adopted by the Council on second reading on Monday, December 20, 1993, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. MA~Y 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) 981-2241 SANDRA H, EAKIN Deputy City Clerk December 23, 1993 File #91 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31781-122093 adopting and authorizing the Mayor to execute an Agreement between the Town of Vinton, the County of Roanoke, and the City of Roanoke relating to the boundary line between said governmental entities, and directing that certain other actions relating to such boundary line be taken. Ordinance No. 31781-122093 was adopted by the Council of the City of Roanoke on first reading on Monday, December 13, 1993, also adopted by the Council on second reading on Monday, December 20, 1993, and will take effect ten days following the date of its second reading. Sincerely, ~A.~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Mr. K. E. Lucas, 4037 Welcome Valley Road, S. E., Roanoke, Virginia 24014 Rockydale Quarries Corporation, P. O. Box 8425, Roanoke, Virginia 24014 Mr. Fred H. Rouse, c/o Ms. Margaret Finley, P. O. Box 41, Switchback, West Virginia 24831 Mr. and Mrs. Harry P. McKinney, 3036 Hereford Road, S. W., Roanoke, Virginia 24018 W. Robert Herbert December 23, 1993 Page 2 pc: Mr. and Mrs. Dale G. Simpson, c/o F & P Associates, P. O. Box 1176], Roanoke, Virginia 24022 F & IS Associates, P. O. Box 11761, Roanoke, Virginia 24022 Mr. Ray Lee Jones, 85 Daleton Avenue, Vinton, Virginia 24179 Mr. and Mrs. Ellis G. Bolling, P. O. Box 12891, Roanoke, Virginia 24029 Vinton Scrap and Metal Co., 282 Wayland Street, Vinton, Virginia 24179 Mr. and Mrs. B. K. Wise, 427 8th Street, Vinton, Virginia 24179 Ms. Lorraine A. Robertson, 805 Dale Avenue, Vinton, Virginia 24179 Mr. Tony A. Robertson, 809 Dale Avenue, Vinton, Virginia 24179 Mr. and Mrs. Emory B. Bishop, 405 9th Street, Vinton, Virginia 24179 Mr. and Mrs. Daniel G. Stevens, 905 Dale Avenue, Vinton, Virginia 24179 Mr. Howard A. Brown, 1802 Dale Avenue, Vinton, Virginia 24179 Heirs of G. E. Pugh, c/o Ms. Frances T. Floyd, 424 8th Street, Vinton, Virginia 24179 Mr. M. Dennis Collins and Ms. Isatricia Ann Shelton, 1214 Daleton Avenue, Vinton, Virginia 24179 Mr. and Mrs. Lawrence E. Taylor, 506 Ruddell Road, Vinton, Virginia 24179 Mr. William 1S. Vinyard, Jr., 108 South Isollard Street, Vinton, Virginia 24179 Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Willard N. ClaMtor, Director of Real Estate Valuation Doris K. Layne, Account Technician, Real Estate Valuation William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities and Operations Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, The 20th day of December, 1993. No. 31781-122093. VIRGINIA, AN ORDINANCE adopting, and authorizing the Mayor to execute, an Agreement between the Town of Vinton, the County of Roanoke, and the City of Roanoke relating to the boundary line between said governmental entities, and directing that certain other actions relating to such boundary line be taken. WHEREAS, the Council deems it necessary in order to further the public health, safety and welfare to relocate portions of the boundary line between the City of Roanoke, the Town of Vinton and the County of Roanoke in accordance with the provisions of S15.1- 1031.1 through S1031.3 of the Code of Virginia (1950), as amended effective and efficient delivery of municipal services; and WHEREAS, the City Manager has recommended to the Council establishment of a new boundary line at certain points between the City of Roanoke, the Town of Vinton, and the County of Roanoke, as set out in his reports dated December 14, 1992, and December 13, 1993, to this Council; and WHEREAS, the Town of Vinton and Roanoke County, through their respective administrations, have supported the boundary relocation as set forth in the City Manager's report dated December 13, 1993, to this Council; and ("State Code"); and WHEREAS, relocation of the boundary line between such governmental entities in the areas proposed will permit more WHEREAS, the Council concurs in the recommendation of the City Manager as set forth in his report dated December 13, 1993. THEREFORE, BE IT ORDAINED by the Council of the City Roanoke that: 1. This Council adopts the Agreement attached to the City Manager's report dated December 13, 1993. 2. The Mayor and the City Clerk be, and hereby are, authorized to execute and attest, respectively, an Agreement, of between the City of Roanoke, the Town of Vinton, and the County of Roanoke, in form approved by the City Attorney, establishing a new boundary line at certain points between said jurisdictions as more particularly described in the exhibits attached to the City Manager's report dated December 13, 1993, all of which is incorporated by reference herein. 3. The boundary line set forth in said Agreement shall be described by metes and bounds. 4. Upon execution of the Agreement between the governmental entities, the City Attorney is authorized to petition the Circuit Court of one of the affected Jurisdictions to relocate the boundary line in accordance with the exhibits attached to the City Manager's report dated December 13, 1993. 5. The Mayor and City Attorney are authorized to take, or cause to be taken, such other actions, and to execute other documents as may be required by law to effect the change in the boundary line as set forth herein. 6. Upon entry of an order by the Circuit Court establishing the new boundary line, the City Clerk is directed to forward a certified copy of such order to the Secretary of the Commonwealth. 7. The City Clerk is directed to forward an attested copy of this ordinance to the Town Clerk of the Town of Vinton and the Clerk of the Board of Supervisors for Roanoke County. ATTEST: City Clerk. '93 FOl3 :'" Roanoke, Virginia December 13, 1993 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Resolution 816 from the Town of Vinton on behalf of William P. Vinyard, Jr., requesting a certain adjustment of the boundary between Roanoke City and the Town of Vinton, pursuant to the provisions of Section 15.1-1031.1 through 1031.3 of the Code of Virginia (1950), as amended. I. Background: City Council, on October 12, 1992, reviewed Resolution 816 as adopted by the Town of Vinton. The resolution requested that the City agree to adjust and relocate its existing corporate boundary at one specific location. Bo Town of Vinton requested the boundary adjustment on behalf of Mr. William P. Vinyard. Mr. Vinyard owns a parcel of land (tax parcel 7010202) that is bisected by the boundary line that separates the City of Roanoke and the Town of Vinton (see exhibit 1). Planning Commission report recommended that City Council approve the requested adjustment and further recommended that such boundary be adjusted in a manner that would correct its existing alignment that divides certain other buildings and lots in an arbitrary manner. Assistant Town Manager of Vinton, Robert Benninger, expressed concerns related to the recommended adjustments. Mr. Benninger requested that consideration be given to the need for some further adjustment and alteration of the boundary to allow certain Vinton residents to remain in the Town of Vinton. City Council continued the matter in order to provide sufficient time for City staff and the Town of Vinton to resolve such concerns. Planning staff has met with officials of the Town of Vinton and certain adjustments to the Planning Commission's original recommendation have been proposed in order to resolve certain concerns. Exhibits 1, 2, 3 and 4 set forth the existing and revised boundary between the three jurisdictions. Members of Council Page 2 December 13, 1993 By Ordinance No. 31285-010493, passed on January 4, 1993, City Council, among other things, authorized the execution of an Agreement between the City, the County of Roanoke, and the Town of Vinton, adjusting the boundary line between these jurisdictions. Exhibit 5, which is the Agreement, is acceptable to officials representing the Town of Vinton and Roanoke County. State law relating to the adjustment of boundary lines between jurisdictions was amended as of July 1, 1993. The new State code section requires that after providing legal notice, each local governing body hold a public hearing on the Agreement prior to adoption of the Agreement. II. Current Situation: A. Final draft of Agreement is attached as Exhibit A. B. Public hearing has been duly advertised. Upon adoption of the Agreement by all three jurisdictions, legal proceedings will be initiated. III. Issues: A. Public health and safety. B. Convenience/inconvenience for affected Drooerty owners. C. Compliance with law. IV. Alternatives: Adopt the Agreement providing for certain adjustments in the location of the City's existing corporate boundary, as shown and described on attached exhibit nos. 1, 2, 3 and 4, subject to certain contingencies outlined in Part V. of this report, and authorize the Mayor and City Clerk to execute and attest, respectfully, the Agreement. 1. Public health and safety. Relocation of boundary as recommended will eliminate the division of certain buildings and lots by such boundary. These Members of Council Page 3 December 13, 1993 structures and lots will thereafter be wholly situated within one jurisdiction. Elimination of structure and lot division will clearly establish jurisdictional responsibilities for the prompt provision of police, fire and emergency services. 2. Convenience for affected property owners. Adjustments will eliminate the need for certain property owners to be assessed for real estate taxes by two different localities. Some lots on Daleton Avenue will still be divided by corporate limits. Adjustments will allow Mr. William P. Vinyard to develop his property (tax parcel 7010202) for residential construction. Adjustments will place Vinyard Park (tax parcel 7010201) within the boundaries of Roanoke County. Park land belongs to the County and is being developed for public recreation uses, as a part of its public park system. 3. Legal reauirements will be met. Do not adopt the Agreement providing for certain adjustments in the location of the City's existing corporate boundary. 1. Public health and safety. a. Existing structures and lots will remain divided by jurisdictions. Confusion related to future provision of fire, police, and emergency services will remain as a potential safety problem. 2. Inconvenience for affected property owners. Owners of properties divided by boundary lines may, on occasion, be inconvenienced by possible confusion associated with the provision of routine public work services. b. William P. Vinyard will not be able to develop his property for residential construction. Members of Council Page 4 December 13, 1993 Potential liabilities and responsibilities related to the property owned by Roanoke County will remain. 3. Leeal requirements will not be met. V. Recommendation: Approve Alternative A, thereby adopting the Agreement and authorizing the Mayor to execute the Agreement with Roanoke County and the Town of Vinton to relocate the common boundary between those jurisdictions as set forth in attached exhibits nos. 1, 2, 3, and 4 of this report, with said Agreement being subject to the following contingencies: A. The Agreement is to be approved as to form by the City Attomey. The City Attorney is herein authorized to initiate appropriate legal proceedings, upon the execution of said agreement, in accordance with the requirements of Section 15.1 - 1031.1, et seq., of the Code of Virginia (1950), as amended. Co Upon completion of the above-cited legal proceedings, the matter shall be brought before the Planning Commission for public notice and recommendation, as required by Section 15.1-456 of the Code of Virginia (1950), as amended, as an amendment to the City's comprehensive plan. Respectfully submitted, W. Robert Herbert City Manager WRH: SJT: mpf attachments cc: City Attorney Director of Public Works City Engineer B. Clayton Goodman, III, Vinton Town Manager, P. O. Box 338, Vinton, VA 24179 Chairman, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Va 24018 EXHIBIT 1 10tl~ Street T( \ City of Roanoke Ninth Street CITY OF ROANOKE City of Roanoke ~ ~Proposed___ Town t~f Vinton [' ~\ Boundary Eighth Street )WN OF VINTON FLOYb EXHIBIT 2 Proposed- Bo_u~_dary CITY OF ROANOKE Wayland Street TOWN OF VINTON EXHIBIT 3 E THIS AGREEMENT, made and entered into this day of , 1993, by and between the BOARD OF SUPERVISORS OF ROANOKE COUNTY ("Cotmty~'), the CITY COUNCIL OF THE CITY OF ROANOKE ("CitEd'), and the TOWN COUNCIL OF THE TOWN OF VINTON ("Town"). WHEREAS, pursuant to the provisions of Article 2, Chapter 24, Title 15.1, 1950 Code of Virginia, as amended, the governing bodies of the County, City, and Town desire to petition the Court for approval to relocate portions of the boundary line between the City of Roanoke, the Town of Vinton, and the County of Roanoke; and WHEREAS, the relocation of the boundary line of such governmental entities in the areas proposed will permit more effective and efficient delivery of municipal services and promote the public health, safety, and welfare; and WHEREAS, each of the respective governing bodies have adopted measures reflecting their desires to relocate and change a portion of the boundary line between the County, City, and Town as required by certain property owners within said areas; and NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do agree as follows: 1. That the boundary line is described by metes and bounds which is attached hereto as Exhibits I and 2. 2. That the corporate boundary between the Town of Vinton and the City of Roanoke be adjusted so that the entire Berkley Court Subdivision is situated within the Town of Vinton, and accordingly, the County of Roanoke, as shown and described on Exhibit 1. 3. That the boundary line between the County of Roanoke and the City of EXHIBIT 5 Roanoke be adjusted so that the 33.8 acre tract of real estate known as Winyard Park" is situated entirely witkin the County of Roanoke, and not within the Town of Vinton as shown and described on Exl-dbit 1. 4. That the corporate boundary between the Town of Vinton and the City of Roanoke be adjusted so that properties in the "Midway" area be located as shown on a map and described on Exhibit 2. 5. That the City, County, and Town desire to petition the circuit court of their respective jurisdictions to approve the relocation of the boundary line and that the City, County, and Town mutually agree that the costs for the filing of this petition and the required publication be shared equally among the three juris~ctions. WITNESS the following signatures and seals: ROANOKE COUNTY Attest: BM Clerk Clerk Clerk ROANOKE CITY By. TOWN OF VINTON By ~ IMPS P3 '13 dU3L IC~T i, ITH: UNO,~ASIC,,~aD} 1N AUTHORIZED REoA~-SENT:.TIVE dF TwE FI,~ES-wORLD COR- PD~ATION, ~rtlCd C]XPOP, aTIdN iS POBLISHER D~ILY W~NSPAP;E ~OdLiSM(:D IN ROANOKE, IN TNE STATf ;.IF Vl~{,I~lIa, Og C='~TIFY THAT TNE ~NN:X=9 ~OTICE was PUBLISHED IN SAID 1i/29/93 ,MORNI'~G 12/06/93 hit]RN I NG WITNESS, THIS 7TH O~y OF DECEMBER 1993 W ~UTfloR] !ED SIGNATURE NOTICE OF BOUNDARY LINE RELOCATION TO WHOM IT MAY CONCERN: Pursuant to Sections 15.1-1031.1, et seq, of the Code of Virginia (1950), as amended, the Council of the City of Roanoke, on Monday, December 13, 1993, at 7:30 p.m., in Council Chambers, 215 Church Avenue, S.W., Roanoke, Virginia, the Town Council of the Town of Vinton, on Tuesday, December 7, 1993, at 7:00 p.m., in Vinton Town Hall, 311 Pollard Street, Vinton, Virginia, and the Board of Supervisors of the County of Roanoke on Tuesday, December 14, 1993, at 7:00 p.m., in the former Roanoke County Administrative Building, 3738 Brambleton Avenue, S.W., Roanoke, Virginia, will consider authorizing the relocation of two portions of the boundary line between the three jurisdictions. The first boundary line adjustment being a relocation from its present general location between Lots 8 and 9 of the R. R. Burchfield Subdivision in a southerly direction, and then west through Lots 10 and 11 of the R. R. Burchfield Subdivision and the existing portion of the Berkley Court Subdivision to property owned by the Norfolk and Western Railway Company, to a new location so that all of the R. R. Burchfield Subdivision and the Berkley Court Subdivision are located within the Town of Vinton, and accordingly, the County of Roanoke, and so that "Vinyard Park" will be located entirely within the County of Roanoke, said new boundary line being described as follows: BEGINNING at a point on the south right-of-way line of the Norfolk and Western Railway Company right-of-way line and the existing 1976 corporation line of the City of Roanoke and the Town of Vinton and the County of Roanoke; thence leaving said beginning point and with the new corporation line and the south right-of-way of said railroad right-of-way with a curve to the right having a radius of 11,499.19 feet, an arc distance of 114.97 feet, a chord bearing and distance of N. 47° 01'37" E., 114.97 feet to a point; thence, with said right-of-way N. 46° 44'25" E, 2,005.35 feet to a point on the south right-of- way of Virginia Sec. Rt. No. 653 (Berkley Road, N.E.); thence with said road right-of-way (30' width) S. 39° 18' 52" E., 585.95 feet to a point; thence with a curve to the right having a radius of 43.00 feet, an area distance of 72.38 feet, a chord bearing and distance of S. 8° 54' 25" W., 64.13 feet to a point; thence S. 57° 07'42" W., 353.86 feet to a point; thence with a curve to the left having a radius of 273.38 feet, an arc of 154.47 feet and a chord bearing and distance of S. 40° 56'30" W., 152.42 feet to a point; thence S. 24° 45'19" W., 324.56 feet to a point; thence $. 22° 01'01" W., 99.76 feet to a point; thence with a curve to the left having a radius of 504.12 feet, an arc of 158.44 feet and a chord bearing and distance of S. 13° 00'48" W., 157.79 feet to a point; thence S. 4° 00'35" W., 142.22 feet to a point; thence with a curve to the right having a radius of 218.88 feet, an arc of 61.53 feet and a chord bearing and distance of S. 12° 03'46" W., 61.33 feet to a point; thence S. 20~ 06'58" W., 117.51 feet to a point; thence S. 29° 49'41" W., 55.74 feet to a point, said point being situate on the existing corporation line of the City of Roanoke and the Town of Vinton and the County of Roanoke, and shown in detail on map entitled "Plat Showing a Boundary Map Line Adjustment Area I Containing 33.80 Acres, Between the City of Roanoke, the Town of Vinton and the County of Roanoke," dated March 6, 1993, and prepared by the Office of the City Engineer, and recorded in Map Book 1, at Page __, and Plat Book __, at Page The second boundary line relocation consists of moving the boundary line from its present general location dividing Lots 14 through 18 of Block 3, Map of Lilly View Subdivision, and Lots 1-14 of Block 4, Map of Lilly View Subdivision, to a new location so that all of said lots are in the City of Roanoke, and of moving the boundary line from its present general location at the corner of Dale Avenue and Conway Street along a straight line to the corner of 7th Street and Glade Street to a new location so that Parcel D, Kenwood Addition Subdivision, and Parcel A, Midway Land Company Subdivision, are situate within the City of Roanoke, and Parcel C, Kenwood Addition Subdivision, and Parcel B, Simmons Subdivision are in the Town of Vinton, and accordingly, the County of Roanoke, said new boundary line being described as follows: BEGINNING at a point on the existing 1949 annexation line, said point being the northeast rear corner of Lot 1, Block 12, Midway Land Company Map; thence with the new corporation line and the rear line of Lot 1, S. 08° 49' 00 W., 120.68 feet to a point in the center of Lot 2; thence with the center of Lot 2, N. 81° 11', 00" W., 120.00 feet to the east right-of-way line of 8th Street; thence with the east right-of-way line of 8th Street, N. 08° 49' 00' E., 56.74 feet to the northwest corner of Lot 1, Block 12, Midway Land Company; said point being situate on the existing 1949 annexation line; thence with the existing 1949 annexation line S. 70° 46' 00" W., 15.00 feet to a point in 8th Street (Vinton) Midway Street (Roanoke); thence crossing said street, and with the new corporation line S. 80o42' E., 36.60 feet to the common corner of part Lot 1 and Lot A, Simmons Map, M.B. 1, Pg. 92; thence with said common line $. 80° 42' E., 125.0 feet; thence with rear of said lot S. 9° 18" W., 97.95 feet to a point on the existing 1949 annexation line; thence with the 1949 annexation line S. 70° 46' 00" W., 136.59 feet to the east right-of-way line of 9th Street (Vinton), Bibb Street (Roanoke); thence with the new corporation line and the east right-of-way line of Bibb Street, N. 9° 18' E., 5.48 feet to a point; thence leaving said east right-of-way line, N. 80° 42' 00" W., 45.00 feet to the west right-of-way line of said street and the common corner of Lot 1 and 2, Block 1, Map of Kenwood Addition; thence with said line N. 80° 42' 00" W., 130.0 feet to a point; thence with the rear lot line of Lot 1, S. 09° 18' 00" W 100.62 feet to a point on the existing 1949 annexation line; said point being the northeast terminus of a 10 foot alley of block 14, Map of Midway; thence with said 1949 annexation line and terminus of alley S. 70° 4' 00" W., 11.33 feet to the northeast corner of Lot 1, Block 14, Map of Midway; thence with the new corporation line and the west side of said alley S. 08° 49' 00" W., 60.98 feet to the north right-of-way of Dale Avenue; thence with the north right- of-way line of Dale Avenue N. 81° 11' 00' W., 114.45 feet to the intersection of Dale Avenue and Conway Street, said point also being situate on the 1949 annexation line; thence with the 1949 annexation line S. 70° 46' 00" W., 244.42 feet to a point, said point being on the east right-of-way of a 10 foot wide alley; thence with the 1949 annexation line, crossing through Lots 10 and 11, Block 2, Map of Lilly View, S. 74° 55' 00" W., 164.69 feet to a point on the west right-of-way line of Wayland Street; thence with the new corporation line and the west right-of-way line of Wayland Street, S. 15° 46' 00" W., 39.91 feet to the intersection of Daleton Avenue; thence with the north right-of-way line of Daleton Avenue S. 74° 55' 00" W., 765.52 feet to the common corner of Lots 13 and 14, Block 4, Map of Lilly View; thence with said common line N. 15° 05' 00" W., 34.26 feet to the existing 1949 annexation line, this point being the terminus of boundary line adjustment between the City of Roanoke, the Town of Vinton and the County of Roanoke and being shown in detail on plat entitled "Plat Showing Boundary Map Line Adjustment Area II Between the City of Roanoke, the Town of Vinton and the County of Roanoke," dated March 1, 1993, prepared by the Office of the City Engineer, and recorded in Map Book 1, at Page , and Plat Book __, at Page __ Copies of the maps showing the present boundary lines are available for inspection and the proposed new in the Office of the City Clerk, Room 456, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, in the Office of the Clerk to the Board of Supervisors, 3738 Brambleton Avenue, S.W., Roanoke County, Virginia, and to the Clerk of Town Council, 311 Pollard Street, Vinton, Virginia. A draft copy of an Agreement by and between the subject localities, agreeing to the boundary line relocations described above has been posted in the Courthouse of the respective jurisdictions. Within thirty (30) days after the giving of notice, attorneys for the respective localities will petition the Circuit Court for the County of Roanoke to enter an order in accordance with the provisions of S15.1-1031.3, Code of Virginia (1950), as amended, designating and establishing the new boundary lines. GIVEN under my hand this 23rd day of N0¥ember, 1993. Mary F. Parker, City Clerk NOTE TO PUBLISHER: Publish once a week for two consecutive weeks, once on November 29, 1993, and again on December 6, 1993. Please bill the City of Roanoke, c/o Mary F. Parker, City Clerk, 456 Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 P.O. BOX298~ [!;~ 21 ROANOKE, VIRGINIA 2401 $-0798 December 16, 1993 BOARD OF SUPERVISORS H, ODELL 'FUZZY" MINNIX, CHAIRMAN LEE B, EDDY, VICE-CHAIRMAN BOB L. /OHN~ON EDWARD G. KOHINKE, HARRY C. NICKERS (703) 772-2005 Ms. Mary F. Parker, CMC Roanoke City Council 215 Church Avenue, S. W. Roanoke, VA 24011 Ms. Carolyn S. Ross, Clerk Vinton Town Council P. O. Box 338 Vinton, VA 24179 Dear Ms. Parker and Ms. Ross: Attached is a copy of Resolution No. 121493-8 authorizing the execution of an agreement between the Town of Vinton, the County of Roanoke, and the City of Roanoke relocating the boundary line between said governmental entities. This resolution was adopted by the Board of Supervisors at their meeting on Tuesday, December 14, 1993. If you need further information, please do not hesitate to contact me. bjh Attachment cc: Paul M. Mahoney, Sincerely, Mary H. Allen, CMC Clerk to the Board of Supervisors County Attorney AT A REGULAR MBETZNG OF THE BOARD OF fJUPERVZBORH OF ROANOKE COUNTy, V~RGZNI~, HELD AT THE ROANOKE COUHTy ADMZNISTRATZON CENTER ON TU'fffUDAy, DECF~BER :2.4, 3.993 RESOLUTION ~ AUTHORIZIN(3 THE EXECUTION OF AH A(3REF~EHT BE'J.'wnEN THE TOWN OF VINTON, THE COUNTY OF ROANOKE, AND THE CITY OF ROAHOHE RELOCATING THE BOUNDARy LINE BEP:wP:EN SAID GOVERNMENTAL ENTITTES, AND AUTHoRI~IN(3 THAT CERTAIN OT~ER ACTION~ RELATING TO SUCH BOUNDARY LINE BE TAKEN A~ PROVIDED BY LAW WHEREAS, pursuant to the provisions of Article 2, Chapter 24, Title 15.1, 1950 Code of Virginia, as amended, the governing bodies of the County of Roanoke, City of Roanoke, and Town of Vinton desire to petition the Court for approval to relocate portions of the boundary line between the City of Roanoke, the Town of Vinton, and the County of Roanoke; and WHEREAS, a public hearing on the agreement to relocate the boundary line between the City, Town, and County was held by the Board of Supervisors of Roanoke County, Virginia, on Tuesday, December 14, 1993, after being duly advertised as required by Section 15.1-1031.2 of the State Code; and WHEREAS, the relocation of the boundary line of such governmental entities in the areas proposed will permit more effective and efficient delivery of municipal services and promote the public health, safety, and welfare; and WHEREAs, the governing bodies of the City and the Town have adopted measures reflecting their desires to relocate and change a portion of the boundary line between the County, City and Town as requested by certain property owners within said areas; and WHEREAS, the Town of Vinton and City of Roanoke have agreed to the boundary relocation by action of their respective governing bodies. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that: 1. The Chairman of the Board of Supervisors is hereby authorized to execute an agreement between the City of Roanoke, the Town of Vinton, and the County of Roanoke, in form approved by the County Attorney, establishing a new boundary line at certain points between said jurisdictions as more particularly described in the plat showing a bounda~f map line adjustment Area I containing 33.80 acres and plat showing boundary map line adjustment Area II, between the City of Roanoke, the Town of Vinton, and the County of Roanoke, all of which is incorporated by reference herein. 2. The boundary line set forth in said agreement shall be described by metes and bounds. 3. Upon execution of the agreement between the governing bodies and publication of the agreed upon relocation boundary line in accordance with law, and the holding of a public hearing thereon, the County Attorney is authorized to petition the Circuit Court of one of the affected jurisdictions to relocate the boundary line in accordance with the plats and the agreement. 4. The prior actions of this Board with respect to the relocation of said boundary line are hereby ratified and confirmed. 5. Upon entry of an order by the Circuit Court establishing the new boundary line, a certified copy of such order shall be forwarded to the Secretary of the Commonwealth. 6. The County Administrator and County Attorney are 2 AYES: NAYS: ABSTAIN: authorized to take, or cause to be taken, such other actions, and to execute other documents as may be required by law to effect the change in the boundary line as set forth herein. 7. The Clerk to the Board of Supervisors is directed to forward an attested copy of this resolution to the Town Clerk of the Town of Vinton and the City Clerk of the City of Roanoke. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: Supervisors Kohinke, Eddy, Nickens, Minnix None Supervisor Johnson File Paul M. Mahoney, A COPY TESTE: Brenda J. Holton, Deputy Clerk Roanoke County Board of Supervisors County Attorney Mary F. Parker, Clerk, City of Roanoke Carolyn S. Ross, Clerk, Town of Vinton 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 December 14, 1993 Paul M. Mahoney County Attorney County of Roanoke P. O. Box 29800 Roanoke, Virginia 24018-0798 Dear Mr. Mahoney: I am enclosing copy of an invoice from the Roanoke Times & World-News for advertising the notice of public hearing before the Roanoke City Council to consider the relocation of two portions of the boundary line between the City of Roanoke, the Town of Vinton and the County of Roanoke. Please remit Roanoke County's portion of the advertising expense, in the amount of $288.60, to the City Clerk's Office, Room 456, Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia 24011-1536, by December 27, 1993. Sincerely, Mary F. Parker, City Clerk MFP:sm Ene. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2341 SANDRA H. EAKIN Deputy City Clerk December 14, 1993 William L. Heartwell, III Town Attorney Town of Vinton P. O. Box 206 Daleville, Virginia 24083 Dear Mr. Heartwell: I am enclosing copy of an invoice from the Roanoke Times & World-News for advertising the notice of public hearing before the Roanoke City Council to consider the relocation of two portions of the boundary line between the City of Roanoke, the Town of Vinton and the County of Roanoke. Please remit the Town of Vinton's portion of the advertising expense, in the amount of $288.60, to the City Clerk's Office, Room 456, Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia 24011-1536, by December 27, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. MARY F, PARY, ER 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 December 23, 1993 File #53-27-217-468 The Honorable Arthur B. Crush, III Clerk of the Circuit Court Roanoke, Virginia Dear Mr. Crush: I am enclosing a certified copy of Ordinance No. 31782-122093 authorizing issuance of $15,700,000.00 principal amount of general obligation bonds of the City of Roanoke, Virginia, for the purpose of providing funds to defray the cost of capital improvements to the sewer system owned and operated by the City; fixing the form, denomination and certain other details of such bonds; providing for the sale of such bonds; and authorizing and providing for issuance and sale of a like principal amount of general obligation public improvement bond anticipation notes in anticipation of issuance and sale of such bonds. Ordinance No. 31782-122093 was adopted by the Council of the City of Roanoke on first reading on Monday, December 13, 1993, also adopted by the Council on second reading on Monday, December 20, 1993, and will take effect ten days following the date of its second reading. r-'% ~_~ ~,Sincerely, ~5.A.~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. po: The Honorable Gordon E. Peters, City Treasurer W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations Steven L. Waiker, Manager, Water Pollution Control Plant Diane S. Akers, Budget/Management Analyst, Office of Management and Budget Shelva S. Painter, City Registrar 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 December 23, 1993 File #53-27-217-468 Donald G. Gurney, Esquire Hawkins, Delafield and Wood 67 Wall Street New York, New York 10005 Dear Mr. Gurney: I am enclosing a certified copy of Ordinance No. 31782-122093 authorizing issuance of $15,700,000.00 principal amount of general obligation bonds of the City of Roanoke, Virginia, for the purpose of providing funds to defray the cost of capital improvements to the sewer system owned and operated by the City; fixing the form, denomination and certain other details of such bonds; providing for the sale of such bonds; and authorizing and providing for issuance and sale of a like principal amount of general obligation public improvement bond anticipation notes in anticipation of issuance and sale of such bonds. Ordinance No. 31782-122093 was adopted by the Council of the City of Roanoke on first reading on Monday, December 13, 1993, also adopted by the Council on second reading on Monday, December 20, 1993, and will take effect ten days following the date of its second reading. Sincerely, ~0.~..~.~-~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of December, 1993. ORDINANCE NO. 31782-122093. AN ORDINANCE AUTHOI~IZING THE ISSUANCE OF FIY'TEEN MrII.LION SEVEN HUNDB ~I~ THOUSAND DOLLARS ($15,700,000) PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS OF THE CITY OF ROANOKE, VIRGINIA, FOR THE PURPOSE OF PROVIDING FUNDS TO DEFRAY TRF. COST OF CAPITAL IMPROVEMENTS TO THE SEWER SYSTEM OWNED AND OPERATED BY SUCH CITY; FIXING THE FORM, DENOMINATION AND CERTAIN O'I~E~R DETAH$ OF SUCH BONDS; PROVIDING FOR ~ SALE OF SUCH BONDS; AND AUTHORIZING AND PROVIDING FOR ~ ISSUANCE AND SALE OF A LIKE PRINCIPAL AMOUNT OF GENERAL OBLIGATION PUBLIC IMPROVEMI~NT BOND ANTICIPATION NOTES IN ANTICIPATION OF ~ ISSUANCE AND SALE OF SUCH BONDS WI-IgJI.F_.AS, in the judgment of the Council (the "Council") of the City of Roanoke, Virginia (the "City"), it is desirable to authorize the issuance of $15,700,000 principal mount of General Obligation Public Improvement Bonds of the City to provide funds to defray the cost of capital improvements to the sewer system owned and operated by the City and to authorize the issuance of a like principal amount of general obligation Public Improvement Bond Anticipation Notes in anticipation of the issuance of such Public Improvement Bonds; NOW, TI-IF~P-.EFOI~E, BE IT ORDAINF. D BY TI~ COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: SF. CTION 1. Pursuant to Chapter 5.1 of Title 15.1 of the Code of Virginia, 1950, the same being tbe Public Finance Act of 1991, and the Charter of the City, for the purpose of providing funds to defray the cost of capital improvements to the sewer system owned and operated.by the City, including, without limitation, expansion and renovation of the regional sewage treatment plant located in the City and construction of new sewer interceptors, there are authorized to be issued Fifteen Million Seven Hundred Thousand Dollars ($15,700,000) principal amount of general obligation bonds of the City to be designated "General Obligation Public Improvement Bonds" (the "Bonds"). The Bonds shah be issued and sold in their entirety at one time, or from time to time in par in one or more series, as shall be determined by the Director of Finance. Any series of the Bonds may be sold contemporaneously with any other Bonds of the City. There shall be added to the designation of the Bonds a series designation determined by the Director of Finance of the City. All such Bonds shall be issued in fully registered form and shall bc in the denomination of $5,000 or any integral multiple thereof. The Bonds of a given series shall -2- be numbered from R-I upwards in order of issuance; shall mature serially, commencing in such year and in such amount in each year as shall be determined by the Director of Finance; and shall bear interest at such rate or rates per annum as shall be specified in the bid accepted by resolution of this Council for the purchase of the Bonds of such series, if any bid therefor be accepted, such interest to be payable semiannually, provided the first interest payment date may be any date within one (1) year from the date of the Bonds as determined by the Director of Finance. The Director of Finance is authorized to determine, in accordance with and subject to the provisions of this Ordinance: the date or dates of the Bonds; the interest payment dates thereof; the maturity dates thereof; the amount of principal maturing on each maturity date; the place or places of payment thereof and the paying agent or paying agents therefor; the place of registration, exchange or transfer thereof and the registrar therefor; and whether or not the Bonds shall be subject to redemption prior to their stated maturity or maturities and if subject to such redemption, the premiums, if any, payable upon such redemption and the respective periods in which such premiums are payable. In the event the Bonds of any series shall be dated as of a date other than the first day of a calendar month or the dates on which interest is payable on such series axe other than the first days of calendar months, the provisions of Section 3 with regard to the authentication of such Bonds and of Section 8 with regard to the form of such Bonds shall be modified as the Director of Finance shall determine to be necessary or appropriate. If the Bonds are subject to redemption and if any Bonds (or portions thereof in installments of $5,000 or any integral multiple thereof) are to be redeemed, notice of such redemption specifying the date, numbers and maturity or maturities of the Bond or Bonds to be redeemed, the date and place or places f'Lxed for their redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of a Bond called for redemption is to be redeemed, that such Bond must be surrendered in exchange for payment of the principal amount thereof to be redeemed and the issuance of a new Bond or Bonds equalling in principal amount that portion of the principal amount of the Bond to be surrendered not to be redeemed, shall be mailed not less than thkty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the registered owner of such Bond at his address as it appears on the books of registry kept by the registrar as of the close of business on the forty- fifth (45th) day next preceding the date f'Lxed for redemption. If any Bonds shall have been called for redemption and notice thereof shall have been given as hereinabove set forth, and payment of the principal amount of such Bonds (or the principal amount thereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest on such Bonds (or the principal amount thereof to be redeemed) shall cease to accrue from and after the date so specified for the redemption thereof. SF_X2TION 2. The full faith and credit of the City shall be and is irrevocably pledged to the punctual payment of the principal of and premium, if any, and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, ther~ shall be assessed, levied and collected, at the same time and in the same manner as other taxes in the City are assessed, levied and collected upon all property in the City subject to taxation by the City a tax sufficient to provide for the payment of the principal of and premium, if any, and interest on the Bonds as the same become due. -3- SECTION 3. The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signatures of the Mayor and City Treasurer of the City and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk of the City. The Director of Finance shall direct the registrar for the Bonds of a given series to authenticate such Bonds and no such Bond shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on each Bond shall have been manually executed by an authorized signator of the registrar. Upon the authentication of any Bonds the registrar shall insert in the certificate of authentication the date as of which such Bonds are authenticated as follows: (i) if the Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date of the initial issuance and delivery of the Bonds of the series of Bonds of wMch such Bond is one; (ii) if the Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date; (iii) if the Bond is authenticated after the f'ffteenth (15th) day of the calendar month next preceding an interest payment date and prior to such interest payment date, the certificate shall be dated as of such interest payment date; and (iv) in all other instances the certificate shall be dated as of the interest payment date next preceding the date upon which the Bond is authenticated. The execution and authentication of the Bonds in the manner above set forth is adopted as a due and sufficient authentication of the Bonds. SECTION 4. The principal of and premium, if any, on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts at the place or places of payment and through the paying agent or paying agents for the Bonds determined by the Director of Finance in accordance with Section 1. Interest on the Bonds shali be payable by check or draft mailed by the registrar to the registered owners of such Bonds at their respective addresses as such addresses appear on the books of registry kept pursuant to this Section 4. At all times during which any Bond of any series remains outstanding and unpaid, the registrar for such series shall keep or cause to be kept at its principal corporate trust office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its principal corporate trust office for such purpose the registrar, under such reasonable regulations as it may prescribe, shall register, exchange, transfer, or cause to be registered, exch.qnged or trallsferred, on the books of registry the Bonds as hereinbefore set forth. The books of registry shall at all times be open for inspection by the City or any duly authorized officer thereof. Any Bond may be exchanged at the principal corporate trust office of the registrar for such series of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums of the same series, interest rate and maturity. -4- Any ]~ond of any series may, in accordance with its terms, be transferred upon the books of registry by the person in whose nme it is registered, in person or by his duly authorized agent, upon surrender of such Bond to the registrar for such series for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or by his duly authorized attorney, in form satisfactory to the registrar. All transfers or exchanges pursuant to this Section 4 shall be made without expense to the registered owners of such Bonds, except as otherwise herein provided, and except that the registrar for such series of Bonds shall require the payment by the registered owner of the Bond requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this Section 4 shall be cancelled. SECTION 5. CUSIP identification numbers may be printed on the Bonds, but no such number shall constitute a part of the contract evidenced by the particular Bond upon which it is printed; no liability shall attach to the City or any officer or agent thereof (including any paying agent for the Bonds) by reason of such numbers or any use made thereof (including any use thereof made by the City, any such officer or any such agent) or by reason of any inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or omission with respect to such numbers shall not constitute cause for failure or refusal by the successful bidder to accept delivery of and pay for the Bonds in accordance with the terms of its bid. All expenses in connection with the assignment and printing of CUSIP numbers on the Bonds shall be paid by the City, provided, however, that the CUSIP Service Bureau charge for the assignment of such numbers shall be the responsibility of the successful bidder for the Bonds. A copy of the final legal opinion with respect to the Bonds, with the name of the attorney or attorneys rendering the same, together with a certification of the City Clerk, executed by a facsimile signature of that officer, to the effect that such copy is a true and complete copy (except for letterhead and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds. SECTION 6. The City covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the applicable Treasury Regulations promulgated tlmre~nder throughout the term of the Bonds. SF, CTION 7. The Bonds shali be soM in one or more series in accordance with the provisions of Section 1 at competitive sale at not less than par plus accrued interest and on such other terms and conditions aa are provided in the notice of sale thereof. The Bonds may be sold contempomneonsly with other Bonds of the City under a combined notice of sale. The sale and the definitive details of the Bonds shall be approved, ratified and confLrmed by resolution or ordinance of thin Council. The Director of Finance of the City is authorized to cause to be published and distributed a notice of sale of the Bonds (or in lieu of the full text of the notice of sale may canse a summary thereof to be published) in such form and containing such terms and conditions as he may deem advisable, subject to the provisions hereof. The -5- Director of Finance is further authorized to cause to be pre~ared and distributed a Preliminary Official Statement and a final Official Statement relating to the Bonds. SECTION 8. The Bonds, the certificate of authentication of the registrar, and the assignment endorsed on the Bonds, shall be in substantially the following forms, respectively. to-wit: (FORM OF BOND) UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND S ERIF.3 OF No. R- $ CUSIP NO.: REGISTERg. r~ OWNER: PRINCIPAL SUM: KNOW AI.I. MF.N BY TI~g-~E PR~:-RENTS, that the City of Roanoke, in the Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted and hereby promises to pay to the Registered Owner (named above), or registered assigns, on the Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall have been duly called for previous redemption and payment of the redemption price duly made or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum on the fa'st day of and on the tn'st day of of each year, commencing on the fLrSt day of , 19__ (each such date is hereinafter referred to as an "interest payment dam~), from the date hereof or from the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of autbentication is an interest payment date, in which case from such interest payment date, or unless such date of autbentication is within the period from the sixteenth (16th) day to the last day of the ~ month next preceding the following interest payment date, in which case from such following interest payment date, such interest to be paid until the maturity or redemption bemof at the Interest Rate (specified above) per annum, by check or draft mailed by the Paying Agent hereinafter mentioned to the Registered Owner in whose name this Bond is registered upon the books of registry, as of the close of business on the fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each interest payment date. The principal of and premium, if any, on this Bond are payable on presentation and surrender hereof, at the office of ; the Registrar and Paying Agent, in the City of -6- , _ . Principal of, premium, if any, and interest on this Bond are payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for public and private debts. This Bond is one of a series of Bonds of like date, denomination and tenor except as to number, interest and maturity issued for the purpose of providing funds to defray the cost of various public improvement projects of and for the City, under and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, including Chapter 5.1 of Title 15.1 of the Code of Virginia, 1950 (the same being the Public Finance Act of 1991), the Charter of the City and an ordinance and resolutions and other proceedings of the Council of the City duly adopted and taken under such Chapter 5.1. The Bonds of the issue of which this Bond is one (or portions of the principal amount thereof in installments of $5,000) maturing on and after 1, , are subject to redemption at the option of the City prior to their stated maturities on or after 1, , in whole at any time or in part from time to time on any interest payment date, from any moneys that may be made available for that purpose, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of the principal amount of the Bonds (or portions thereof in installments of $5,000) to be redeemed, together with the interest accrued thereon to the date fluted for redemption, plus a premium of [INSERT RI~DEMI~TION Pm fl-crMS]. If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of $5,000) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fi[xed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date frxed for redemption, by flu-st class mail, postage prepaid, to tbe'Registered Owner bereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the fomj-fifth (45th) day next preceding the date f'Lxed for redemption, ff notice of the redemption of this Bond (or the portion of the principal amount be~of to be redeemed) shall have bl~n given as aforesaid, and payment of the principal amount of thi~ Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued inten~st and premium, if any, payable upon such redemption shall have been duly made or provided for, interest hereon shall cease to accrue from and after the date so specified for thc redemption hereof. Subject to the limitations and upon payment of the charges, ff any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, this Bond may be exchanged at the principal corporate trust office of the Registrar for a like aggregate principal amount of Bonds of other authorized principal amounts and of the same series, interest rate and maturity. This Bond is transferable by the Registered Owner hereof, in person or by his -7- attorney duly authorized in writing, on the books of registry kept by the Registrar for such purpose at the principal corporate trust office of the Registrar but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the same aggregate principal amount, series, interest rate and maturity as the Bond surrendered, will be issued to the transferee in exchange herefor. This Bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by an authorized officer of the Registrar. It is certified, recited and declared that all acts, conditions and things required to exist, happen or be performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law, and that the amount of this Bond, together with all other indebtedness of the City does not exceed any limitation of indebtedness prescril~l by the Constitution or statutes of the Commonwealth of Virginia or the Charter of the City. The full faith and credit of the City are irrevocably pledged to the punctual payment of the principal of and premium, if any, and interest on this Bond as the same become due. IN WITN'ESS W'/-~J~OF, the City has mused this Bond to be executed by the manual or facsimile signatures of its Mayor and its City Treasurer; a facsimile of the corporate seal of the City to be imprinted hereon attested by the manual or facsimile signature of the City Clerk of the City; and this Bond to be dated as of the ~ day of , CITY OF ROANOKE, VIRGINIA [SF. AL] Mayor Attest: City Treasurer City Clerk $0~81.1 014055 ORD proceedings. -8- (FORM OF CER'rtI~iCATE OF AUTHENTICATION) CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered pursuant to the within-mentioned , Registrar By: Authorized Officer Date of Authentication: (FORM OF ASSIGNMENT) ASSIGNMENT FOR VALUED RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (Please print or type name and address, including postal zip code of Transferee) p!.It~.SB INSERT SOCIAL SEcuRrI'Y OR OTI-I]~ IDE2qTIFYING NUMBER OF TRANSFEI?~ -9- the within Bond and all rights thereunder, hereby irrevocably constituting and appointing Attorney, to transfer such Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed NOTICE: Signature(s) must be guaranteed by a member firm of The New York Stock Exchange, Inc. or a commercial bank or trust company. (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or enlargement or any change whatsoever. SECTION 9. General Obligation bond anticipation notes axe authorized for issuance and sale by the Director of Finance in anticipation of the issuance of the general obligation bonds authorized for issuance herein. Such notes shall be sold at competitive or negotiated sale at not less than par plus accrued interest and on such other terms and conditions as are determined by the Director of Finance. If such notes ar~ offered for competitive sale, a notice of sale shall be prepared, published and distributed in accordance with the requirements of Section 7. There shall also be pt~u~d and distributed a Preliminary and a final Offici~ Statement relating to such notes in such form as shall be approved by the DLrecwr of Finance. The issuance and details of such notes shall be governed by the provisions of Section 15.1-227.29 of Title 15.1, Chapter 5.1, Article 2 of the Code of Virginia, 1950. The provisions of Sections 2 and 6 shall apply to such notes to the same extent the same apply to the Bonds except, in the case of the provisions of Section 2, only to the extent such notes are not paid from the proceeds of the Bonds or from any other available funds. The sale of such notes and the form and other demil~ thereof shall be approved, ratified and CoufLrmed by resolution or ordinance of this Council. Bonds in anticipation of which such bond anticipation notes are issued pursuant to this Section 9 may be issued and sold in accordance with the provisions of this Ordinallce at any time within five (5) yeal's of the date of issuallce of the f'u'st notes issued in anticipation of such Bonds. SI~"~ION 10. The City Clerk is hereby directed to file a copy of this Ordinance, certified by such City Clerk to be a true copy be~of, with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 15.1-227.9 of the Code of Virginia, 1950. SECTION 11. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. This Ordinance shall constitute a "resolution" for purposes of Section 15.1-227.9 of tho Code of Virginia, 1950. - 10- SECTION 12. This Ordinance shall take effect from and after ten days from the date of passage. City Clerk CZT¥ INTERDEPARTMENTAL COMMUNICATION '93 NOV 24 h!1:AO DATE: TO: FROM: RE: November 24, 1993 Mary F. Parker, City Clerk Wilburn C. Dibling, Jr., City Attorney~ General Obligation Public Improvement Bonds Series 1994, $35,800,000 City Council has scheduled a public hearing with respect to the authorization of $15,700,000 of general obligation public improvement bonds for expansion and renovation of the Regional Sewage Treatment Plant and construction of new sewer interceptors for December 13, 1993. As you know, this authorization of $15,700,000 will be combined with $20,100,000 of general obligation bonds previously authorized to make a total of $35,800,000. I am attaching a Notice of Public Hearing which I request that you have published on November 28 and December 5, 1993. I am also attaching the Council on December 13, 1993, file for view by the public. ordinance to be considered by City which I request that you maintain on Thank you for your cooperation. WCD:f cc: W. Robert Herbert, City Manager James D. Grisso, Director of Finance '93 []!0 10 P3 03 l, {Ti-i~ P~ ~EJ-:~I ,Nf:UI tN ~©THO~,IZED TH ST;Tf7 t~F VI GI~i,, 3;3 C,-RTIFY THaT 1 1/2f~/'73 S!J~!r AY NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 15.1-227.8 of the Code of Virginia, 1950, as amended, that the Council of the City of Roanoke, Virginia, will hold a public hearing on Monday, December 13, 1993, at 7:30 P.M., local time, in the Council Chamber, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, with respect to the proposed adoption by the Council of an ordinance authorizing the City to contract a debt and issue $15,700,000 principal amount of general obligation bonds of the City for the purpose of providing funds to defray the cost of capital improvements to the sewer system owned and operated by the City, including, without limitation, expansion and renovation of the regional sewage treatment plant located in the City and construction of new sewer interceptors. The members of public are invited to attend the public hearing and to appear and present their views on the proposed ordinance. The full text of the proposed ordinance is on file in the office of the City Clerk, Municipal Building, Room 456, 215 Church Avenue, S.W. Roanoke, Virginia. Dated: November 28, 1993. MARY F. PARKER City Clerk City of Roanoke, Virginia Note to Publisher: To Be Published on November 28, 1993, and again on December 5, 1993. Send Publisher's Certificate and bill to: Mary F. Parker, City Clerk Room 456 Municipal Building 215 Church Avenue, S. W. 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 24011 Telephone: (703) 981-2541 SANDRA H. EAK1N Deputy City Clerk December 23, 1993 File #468-217-27-53 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31783-122093 establishing a rate schedule for certain sewage rates and related charges for services provided by the City, effective March 1, 1994, January 1, 1995, and January 1, 1996. Ordinance No. 31783-122093 was adopted by the Council of the City of Roanoke on first reading on Monday, December 13, 1993, also adopted by the Council on second reading on Monday, December 20, 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. pc: Carolyn S. Ross, Clerk of Council, Town of Vinton, P. O. Box 338, Vinton, Virginia 24179 Ned McElwaine, Clerk, Botetourt County Board of Supervisors, One West Main Street, Box 1, Fincastle, Virginia 24090 Mary H. Allen, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018-0798 Forest G. Jones, Clerk of Council, City of Salem, P. O. Box 869, Salem, Virginia 24153-0869 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance W. Robert Herbert December 23, 1993 Page 2 pc: Kit B. Kiser, Director, Utilities and Operations Steven L. Walker, Manager, Water Pollution Control Plant Jesse H. Perdue, Jr., Manager, Utility Line Services William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Diane S. Akers, Budget/Management Analyst, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, The 20th day of December, 1993. No. 31783-122093. VIRGINIA AN ORDINANCE establishing a rate schedule for certain sewage rates and related charges for services provided by this City effective March 1, 1994, January 1, 1995, and January 1, 1996. BE IT ORDAINED by the Council of the City of Roanoke that the sewage rates and other related rates and charges for services provided by the City of Roanoke shall be as set forth in Attachment A attached hereto, which is hereby incorporated by reference herein, such rates to be effective for all sewage service statements rendered on or after March 1, 1994, January 1, 1995, and January 1, 1996, as set forth in Attachment A. ATTEST: City Clerk. ATTACHMENT A RATE SCHEDULE TO BE EFFECTIVE WITH ALL SERVICE BILLINGS ON OR AFTER DATE SHOWN SEWAGE FEES Standard Treatment Charge Fees: March 1, Jan. 1, Jan. 1, 1994 1995 1996 $1.13/100 $1.29/100 $1.47/100 cubic ft. cubic ft. cubic ft. II. Septic Tank Disposal Fees: Up to 1,500 gal/truck: March 1, Jan. 1, Jan. 1, 1994 1995 1996 $23.20 $26.45 $30.15 Over 1,500 gal/truck: March 1, Jan. 1, Jan. 1, 1994 1995 1996 $34.80 $39.67 $45.22 III. Industrial Cost Recovery (Applies to users requiring treatment 30,000 gallons or more per day): March 1, Jan. 1, 1994 1995 of Jan. 1, 1996 Usaqe Per 1,000 gallons $ .123 $ .140 $ .160 BOD, Per 1,000 lbs. $ 52.94 $ 60.35 $ 68.80 SS, Per 1,000 lbs. $ 42.03 $ 47.91 $ 54.62 P, Per 1,000 lbs. $ 382.79 $ 436.38 $ 497.47 TKN, Per 1,000 lbs. $ 450.51 $ 513.58 $ 585.48 IV. Sewer Connection Fees: March 1, Jan. 1, Jan. 1, 1994 1995 1996 4-inch or 6-inch $ 348.00 $ 396.72 $ 452.26 8-inch $ 870.00 $ 991.80 $1,130.65 10-inch $1,740.00 $1,983.60 $2,261.30 ~o~noke, virginia December 13, 1993 f 2' 01 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Agreement for Renovation and Expansion of Certain Joint Use Sewer Facilities and Recommended Method of Financing The attached report was considered by the Water Resources Committee at its regular meeting on November 22, 1993. The Committee recommends that Council: Indicate its intent to approve an agreement with the other participating jurisdictions once the contract language has been drafted and approved by attorneys for the five jurisdictions. Approve a $15.7 million general obligation bond issue to fund the City's share. Approve a phased-in three step adjustment to sewage rates and charges as outlined in the attached schedule. Ail in accordance with conditions stated in the attached report. Resp,ectfully submitt/~d, Elizabeth T. Bowles, Chairperson Water Resources Committee ETB:KBK:afm Attachments cc: City Manager City Attorney Director of Finance Director of Utilities & Operations City Engineer Manager, Sewage Treatment Plant Manager, Utility Line Services CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: November 22, 1993 Members, Water Resources Committee /~ Wilburn C. Dibling, City Attorney~-~_~,~. James D. Grisso, Director of Fin~c~~'' ' SUBJECT: Agreement for Renovation and Expansion of Certain Joint Use Sewer Facilities and Recommended Method of Financing Backqround: Current Sewaqe Treatment Plant was expanded in the early 1970's to meet the projected needs of Roanoke City, Roanoke County, City of Salem, Town of Vinton and Botetourt County through the year 1985. Water Resources Committee recommended in 1985, and subsequently approved by City Council, the employment of a consultant to look at the sewage treatment needs of the Valley for the next 20 plus years. 1987 Report entitled Sewaqe Facilities Plan prepared by Malcolm Pirnie Engineers recommended the renovation and expansion of the sewage treatment plant and the enlargement of the Roanoke River Interceptor, from the western City boundary to the Sewage Treatment Plant, and the enlargement of the Tinker Creek Interceptor from U.S. Route 460 to the Sewage Treatment Plant. Heavy rainfall and hiqh sewaqe flows in 1989 and 1990 required re-evaluation of the projected amount of expanded capacity. Page 2 E · Current and proposed capacities are as follows (Million Gallons Per Day - MGD): Sewage Treatment Current Plant Flows Proposed Normal Weather Flow Proposed Wet Weather Flow Roanoke City 15.83 Roanoke County 9.00 City of Salem 6.65 Town of Vinton 1.62 Botetourt County 1.90 19.20 32.90 10.30 17.65 7.80 13.39 2.10 3.60 2.60 4.46 35.00 42.00 72.00 Roanoke River Interceptor at Current Conn. to Plant Flows Roanoke City 31.44 Roanoke County 2.60 City of Salem 4.96 Town of Vinton N/A Botetourt County N/A 39.00 Proposed Normal Weather Flow Proposed Wet Weather Flow N/A 32.07 N/A 23.00 N/A 22.50 N/A N/A N/A N/A 77.57 Tinker Creek Interceptor at Current Conn. to Plant Flows Proposed Normal Weather Flow Proposed Wet Weather Flow Roanoke City 14.78 Roanoke County 4.11 City of Salem N/A Town of Vinton 1.19 Botetourt County 1.42 N/A 15.93 N/A 12.00 N/A N/A N/A 5.25 N/A 8.50 21.50 41.68 Water Resources Committee recommended to Council and Council agreed that the City would be represented in negotiations by the City Manager, City Attorney and Director of Finance, working through the Water Resources Committee. Other jurisdictions elected in 1992 to hire a consultant to represent their joint interests in negotiations with the City. Page 3 Aqreement in principal was reached in August, 1993 with Council receiving a formal briefing on September 13, 1993. Briefing Documents are attached. Council directed that staff provide information to our citizens and then make a formal report of recommendation to include method of financing. II. Current Situation: A. The followinq public information has been presented: 109 letters of information and offer to make a presentation were sent to civic and neighborhood organizations. 55 letters of information and notice of a scheduled meeting were sent to the largest sewage service users. 20 briefings and information meetings have been held. Hundreds of the attached brochure Clean Water: A Shared Responsibility have been handed out. News reports have been given and news articles written (sample news articles are attached). Video and discussion have been aired on the television show "City Manager Report". B. Proposed terms of aqreement: Capacity allocations as provided in Section I(E) of this report. 2. Cost sharinq - Based on a 1993 engineering estimate of $41,500,000. Roanoke City: 38.0%, Roanoke County: 29.8%, City of Salem: 24.1%, Town of Vinton: 2.7%, Botetourt County:5.4%, estimated at $15.77 million estimated at $12.35 million estimated at $10.00 million estimated at $ 1.12 million estimated at $ 2.26 million 3. Term - 40 years from date of execution 4. Status of 1972 contract provisions dealing with debt and credits: Page 4 Ce Outstanding debt will be paid as provided in the 1972 contract, through that contract term of 2002. Annual credits varying between $129,740.45 and $159~499.48, depending on the jurisdiction, through 2002 for rate calculation purpose has been averaged to a unit figure of $142~902.70. Reserve for replacement, allowing for an annual 2% recovery for capital outlay from revenue, has been changed to provide for more equitable reimbursement of any City front funded expenditure. Henceforth, flows will be averaged for a three year period for the purpose of calculating the annual rate of operation and maintenance cost rather than using single year flows. This will help to stabilize the fluctuation of bulk sewage treatment rates. Funding for construction will be provided by each jurisdiction as construction proceeds, with the City invoicing each jurisdiction on a 30 day basis upon receipt of contractor construction payment invoices, generally along the lines of the overall percentages outlined in II.C.2. above. The City of Roanoke's share is recommended to be funded by a general obligation bond issue of $15.7 million to be entirely paid from City sewage rate adjustments. The City's current legal debt margin is 10% of the "assessed" valuation of real estate within the City limits. As of June 30, 1993, the legal debt margin for increased long-term debt (general obligation bonds) was $249,802,814. Our additional legal debt margin is substantially above our current general fund revenue capacity. The use of $15.7 million of the general obligation legal debt margin will not have any future foreseeable impact related to the issuance of general obligation debt. We anticipate requesting sealed bids Page 5 on a general obligation bond issue at a special meeting of City Council in January 1994 for the following: Sewage Treatment Facilities Expansion Conference Center at Hotel Roanoke Jail Expansion Juvenile Detention Expansion $15,700,000 13,800,000 4,800,000 1~500~000 Total Issue $35,800,000 The total bond issuance cost and related interest cost over the life of the Sewage Treatment Facilities Expansion Bonds will provide the City cost avoidance of approximately $1.5 million compared to the issuance of a separate revenue bond issue. Rate adjustments are required to fund the City's share of $15~770~000 in 1993 cost amortized over the term of the bond issue plus an additional $650,000 annually for existing pipeline maintenance work and $350~000 annual increase in plant operation and maintenance expense. A 16% increase is proposed to take effect March 1, 1994, 14% increase effective on January 1, 1995 and 14% increase effective January 1, 1996 on all sewage fees and charges as outlined by the attached rate schedule. These rates are proposed to be effective for all new service lateral contracts, for all septic tank disposal, and all sewage treatment bills on and after the effective dates. III. Issues: A. Need B. Contract terms C. Regional approach D. Funding IV. Alternatives: A. Committee recommends that Council indicate its intent to authorize an agreement with the previously named jurisdictions to renovate and enlarqe the sewaqe treatment plant and previously identified interceptor pipe lines with the City share of the total project beinq 38% in accordance with the basic agreement terms previously outlined and adjust the sewage rates per the attached rate schedule, with the final contract language being subject to the final approval of Council Page 6 Ve once the contract language has been drafted and approved by attorneys for the five jurisdictions. Need for the project and the increased funding has been previously outlined in the September 13, 1993 Council briefing. Contract terms have previously been outlined. Copies of both the current (1972) and the proposed agreement are available upon request. o Regional approach to sewage treatment will be continued. Funding will be provided by each jurisdiction for their prorata share of construction, operation and maintenance with the City share being produced by a phased-in three step adjustment in sewage fees and charges. Committee recommend that Council take some different approach to this needed project. Need will continue to exist until the capacity problem is solved. 2. Contract terms will continue to be discussed. 3. Regional approach would be unknown at this time. Funding requirements would depend on the final solution that has a concurrence of City Council. Recommendation: Committee recommends that Council: Indicate its intent to approve an agreement with the other participating jurisdictions once the contract language has been drafted and approved by attorneys for the five jurisdictions. A $15.7 million general obligation bond issue to fund the City's share. Page 7 A phased-in three step adjustment to sewage rates and charges as outlined in the attached schedule. Ail in accordance with Alternative "A". WRH:WCD:JDG:KBK:afm Attachments cc: City Clerk Director of Utilities & Operations City Engineer Manager, Sewage Treatment Plant Manager, Utility Line Services FACILITIES IMPROVEMENTS Council Briefing Septet-her 13, 1993 Joint Uee Facilities A. Define Capacity Capacity Now Needed 1. Sewage Treatment Plant 35 MGD 42* to 72** MGD 2. Roanoke River Interceptor 35 70.4 MGD 3. Tinker Creek Interceptor 25 34.5 MGD * - Base Flow ** - wet Weather Flow Need - Refer to attached bar chart of total flows and City of Roanoke flows over past four (4} years Improvement Costs (Estimated in 1993 dollars) 1. Plant Renovation $ 2,000,000 2. Plant Expansion $17,063,000 3. Roanoke River Interceptor Repl. $17,800,000 4. Tinker Creek Interceptor Repl. $ 4,620~000 $41,483,000 City of Roanoke Capacity & Cost Share of Joint Use Facilities 1. Capacities: Current Proposed 15.83 MGD 19.20 MGD Base Flow 32.83 MGD Wet Weather Flow 2. Cost: 38% x Estimated Cost of $41,483,000 = $15,763,540 + Add 8% to Mid Point of Construction 1,261,083 $17,024,623 Annualized Capital Cost: $17,024,623 @ 7% over 30 years = $1,372,014/yr. Page 2 Aging A. Equi~m~ent and Pipee (O & M Coete) Portions of the Sewage Treatment Plant have different ages, in the 20 - 40 year range. Also, parts of the plant have been under water (flooded) four (4) times in the past 25 years. These facts point out that the plant has an increasing need of maintenance. An additional $350,000/year is needed for increased maintenance and labor costs. A review of the attached bar chart shows how susceptible the flow to the plant from the City collector pipes is during periods of sustained or heavy rainfall. This is indicative of the fact that our sewer pipes are old, that they are,prone to receiving infiltration and inflow (I/I). We need to continue our efforts of sewer shed monitoring and I/I reduction. Our current three (3) year program of $1,000,000 per year will, when added to increasing plant maintenance cost indicated above, expend all retained earnings in the sewer fund. This program should continue, however, on a somewhat reduced scale in the $650,000/year range. Total Additional Cost Anticipate~ Joint Use Facilities Expansion & Replacement Plant Labor and Maintenance Infiltration and Inflow Containment $1,372,014/yr. 350,000/yr. 650,000/~r. $2,372,014/yr. Current $0.97 Proposed (% Increase) Effective Jan. 1, 1994 Jan. 1, 1995 $1.13 (16%) $1.29 (14%) Jan. 1, 1996 $1.47 (14%) Cost Per 5~000 Gallons ~er Month (% Increase) 1992 State- wide Av~. 1993 City Proposed 1994 Proposed 1995 $15.73 $6.47 $7.54 (16%) $8.60 (14%) Proposed 1996 $9.8O (14%) Page 3 Public Information Program A. Public briefing of City Council - September 13, 1993 B. Set up and train Speakers Bureau C. Prepare Visual Aids (Video & Poster Boards) for Speakers' use D. Develop handout brochure E. Seek speaking engagements with: Civic Leagues & Service Organizations Business Groups Home Builders & Board of Realtors Neighborhood Organizations F. Feature on October City Manager's Report% TV show on Cox Cable Ch. 3 G. Send letters to largest users, explain overall issue and invite them to a meeting H. Discuss bi-monthly or budget billing I. Make final report of reco~nendation to Council with final contract documents - November or December, 1993 MGD 0 0 SEWAGE P~ES Current & Tentatively Proposed Standard Treatment Charge Fees.* Current Pro~osed Jan. 1, Ja~l. 1, Jan. 1, 1994 1995 1996 $0.97/100 $1.13/100 $1.29/100 $1.47/100 cu. ft. cu. ft. cu. ft. cu. ft. II. Sel~lc Tank Disposal Fees: III. Up to 1,500 gal./ truck - $20.00 Over 1,500 gal./ truck - $30.00 Jan. 1; Jan. 1, Jan. 1, 1994 1995 1996 $23.20 $26.45 $30,15 $34.80 $39.67 $45.22 Industrial Cost l~cov~ry (Applies to users requiring treatment of 30,000 gallons or more per day)= Proposed J~. 1, J~. 1, Jan. 1, UeaC~l! Current 1994 1995 1996 Per 1,000 gallons $ 1.06 $ 1.23 $ 1.40 $ 1.60 SOD, Per 1,000 Ibm. $ 45.64 $ 52.94 $ 60.35 $ 68.80 SS, Per 1,000 lbs. $ 38.23 $ 42.03 $ 47.91 $ 54.62 P, Per 1,000 lbs. $329.99 $382.79 $436.38 $497.47 TKN, Per 1,000 lbs. $388.37 $450.51 $513.58 $585.48 IV. ~ (~c~ion iP~oez Ja~. 1, Ja~. 1, Ja~. 1, Current 1994 1995 1996 4-inch or 6-inch $ 300.00 $ 348.00 $ 396.72 $ 452.26 8-inch $ 750.00 $ 870.00 $ 991.80 $1,130.65 10-inch $1,500.00 $1,740.00 $1,983.60 $2,261.30 = E-~O VIRG1NIA Friday August 27, ~B Sewage growth agreed on REGIONAL ~WAGE TREATMENT PLANT By JOEL TURNER -- ~' TUESDAY, SEP%14,19cJ3 ,i C Sewer rate may climb 50 percent By JOEL TURNER c~ase from $6.47 to $980 by [ 996 using 5,000 gallons of water a Roanoke's combined monthly would be $15.83 -- after the se~er low the fees of other localities in thc Roanoke Valley. Monthly char~es b:, other lo- calities for the ~ame service and Roanoke County, $27.60: Vinton. $17.72; and Salem, $17.00. Those arc the localities sgrv~ by the treats sewase from other localities and operations, told City Council the sewer rates will inci-ease for the know how much. RoanoKe T~mes&,Nodd-News Monday Oct 4 1993 Same plant, but sewer rates vary By JOEL TURNER They all use the same sewage treatment plant, but you would never suspect it if you looked at their customers' bills. In Roanoke, a homeowner pays $6.47 a month for treating 5,000 gallons of sewage, an average amount for a residential customer. In Roanoke County, a customer pays $9.49 to treat the same amount of sewage. The bill is even larger in Botetourt Court- "The difference comes in the cost and maintenance of sewer lines and the administration..." ty, whei'e a customer pays $18.50 a month for 5,000 gallons. So why do the rates vary so much? Officials say there are several factors. The outstanding debt on sewer lines, the need to build new lines and the size of the customer base are among the reasons. The higher the debt on sewer lines, the higher the rates needed to repay the money. And if a locality needs to build new lines to serve developing areas, that also can drive up rates. Attention has been focused on sewer bills recently, because Roanoke must increase its rates by 50 percent over the next three years to pay for expanding the treatment plant and replacing several overloaded sewer lines. Even after the increase, Roanoke's sewer rates will be in the same range as those of must other Roanoke Valley localities. And Roanoke's combined bill for sewer and water service will remain lower than that of any other locality. PLEASE SEE S"~W~'R/C5 WATER/SEWER RATES All costs bes~d on utilization of 5,000 gallons per month Roanoko Roanoke Salem Vlnton Roanoke 8otetourt 1962 After reccomended 1962 Coon~ 1992 Statewlde 3-yem' phas~in of survey 1962 survey Average* rate incre&~e survey · Based on 1992 Survey by Oca~er Ade~ Associates Consulting Engineers with 149 ree~ondents o~ wate' rates and 128 respondents on sewage ratee. FLOW ALLOCATION In mllllons of gallons per day Botetourt Vinton CURRENT 1.go 1.62 TOTAL 35 PROPOSED ii.U: ' COSTin millions Botetourt Vinton 2.60 2.10 Roanoke Roanoke Co. Salem Botetourt VintoP TOTAL $15.77 $12.35 $10.46 $1.93 $.99~' $41.50 Staff :keteering laws be used against abortion-clinic attackers C3 Sewer FROM PAGE C1 All five valley localities pay ba- sically the same rate for treating sewage. Roanoke owns the treatment plant and treats sewage from the other localities on a contractual ba- sis. Under the formula for deter- mining the cost for each locality, a treatment fee is calculated each year based on the plant's operation COSTS. The total operation costs are divided by the volume of sewage treated, and a charge for each mil- lion gallons is calculated. The charge then is applied to each local- ity's sewage volume. The localities' current charges far treating 1 million gallons ofsew- a.~e arc: Botetourt County, $371.88; Vinton, $371.88; Salem, $373.76; and Roanoke County, $375.61. Thc charges vary slightly be- cause the terms of the localities' contracts with Roanoke provide credits or small additional charges related to capital costs when the plant was expanded two decades ago. "Everybody pays basically the same charge. It's not enough differ- once to have any appreciable ef- fid't,' said Kit Kiser, Roanoke's di- rector of utilities and operations. ~ "The difference comes in the cost and maintenance of sewer lines a~l the administration of the bill- i.nlg and other operations," Kiser siid. ': The charges paid by the locali- ties to Roanoke for treatment are recalculated regularly as the plant's operation costs change. Roanoke's sewer rates are low. partly because thc city doesn't have any debt on lines and is not build- ing new lines. "We have an old system that leaks sometimes, but it's paid for." Kiser said. By contrast, suburban Botetourt and Roanoke counties still are developing and building sewer lines. Clifford Craig, Roanoke Coun- ty's utility director, said the county still is building lines, such as a $3 million interceptor to serve the area west of Salem. "We are still expanding, and we have to build new lines to serve growing areas." Craig said. The county sells bonds to help finance new lines. Unlike Roanoke, where houses are close together, the county is less densely populated. As a result, the county has to build lines in some areas where houses and subdivi- sions are far apart. Craig said this necessitates higher rates to help pay for the lines, "Sometimes. we might have to go 300 to 400 feet between [sewer] connections," Craig said. Craig said Roanoke County operates its sewer system on an en- terprise fund, so only sewer custom- ers -- not all taxpayers -- pay for treatment and new lines. Roanoke has little vacant land and doesn't face the cost for extend- ing lines. But the city will have to issue bonds to help pay its share of the $41.5 million cost for expand- ing the treatment plant and replac- ing several major lines. Roanoke has a much larger base of customers -- approximate- ly 40,000 -- than the other locali- ties. The costs are spread among more customers, and the impact on each is less. By comparison. Botetourt has 1,300 customers, Roanoke County has 20.000. Because of the scarcity of cus- tomers, Botetourt's rates are the highest in the Roanoke Valley. "We still have some debts on our lines and we don't have thc customer base as the other locali- ties.'' said Kurt Hodgen. Botetourt's director of pub[ic works. Kiser predicts the other locali- ties will have to raise their rates to help pay for the plant expansion and new lines. Craig said it will be difficult for Roanoke County to avoid a rate increase. In addition to its $12.3 million share, of ;he plant expan- sion, the county needs to spend an additional $3 million on line exten- sions and repairs, he said. Even after the sewer rate in- crease, Roanoke's combined bill for 5.000 gallons of sewer and water will be lower than the state average. The cost for expanding the plant is based on several factors. thclud ng the projected sewage flow from each locality. The cost wi be split this way: · Roanoke, $15.77 million. 38 percent. · Roanoke County. $12.35 million 29.8 percent, ·Salem, percent. · Botetourt County, $ t.93 mil- lion, 4.6 percent. · Vinton, $990,000. 2.4 per- a capacity, of 35 million gallons a day. It wdl be expanded to 42 mil- lion ga ohs. Roanoke will use nearly half of that capacity -- 19.2 mill'ion gal- Ions. The allocation for the other localities will be: Roanoke Count>, 10.3 million; Salem, 7,8 million: Botetourt County. 2.6 million: and Vinton. 2.1 million. FINAL RECOI~ENDATION TO WATER II~SO~RC~S CK~II'z-£~E NOVEMBER 22, 1993 SEWAGE FEES Currant & Tentatively Proposed Standard Treatment Charge Fees= Current Proposed Mar. 1, Jan. 1, Jan. 1, 1994 1995 1996 $0.97/100 $1.13/100 $1.29/100 $1.47/100 cu. ft. cu. ft. cu. ft. cu. ft. II. III. IV. Septic Tank Disposal Fees= Current Up to 1,500 gal./ truck - $20.00 Over 1,500 gal./ truck - $30.00 Proposed Mar. 1, Jan. 1, Jan. 1, 1994 1995 1996 $23.20 $26.45 $30.15 $34.80 $39.67 $45.22 Industrial Cost ~covery (Applies to users requiring treatment of 30,000 gallons or more per day): Proposed Mar. 1, Jan. 1, Jan. 1, Usage Current 1994 1995 1996 Per 1,000 gallons $ .106 $ .123 $ .140 $ .160 BOD, Per 1,000 lbs. $ 45.64 $ 52.94 $ 60.35 $ 68.80 SS, Per 1,000 lbs. $ 36.23 $ 42.03 $ 47.91 $ 54.62 P, Per 1,000 lbs. $329.99 $382.79 $436.38 $497.47 TKN, Per 1,000 lbs. $388.37 $450.51 $513.58 $585.48 Sewer Connection Fees: Proposed Mar. 1, Jan. 1, Jan. 1, Current 1994 1995 1996 4-inch or 6-inch $ 300.00 $ 348.00 $ 396.72 $ 452.26 8-inch $ 750.00 $ 870.00 $ 991.80 $1,130.65 10-inch $1,500.00 $1,740.00 $1,983.60 $2,261.30 FINAL RECO~iENDATION TO WATER RESOURCES CO~ll-£SE NOVEMBER 22, 1993 SEWAGE FEES Current & Tentatively Proposed Standard Treatment Charge Fees= Current Mar. 1, 1994 $0.97/100 $1.13/100 cu. ft. cu. ft. II. Septic Tank Disposal Fees= Proposed Jan. 1, Jan. 1, 1995 1996 $1.29/100 $1.47/100 cu. ft. cu. ft. III. Current Proposed Up to 1,500 gal./ truck - $20.00 Over 1,500 gal./ truck - $30.00 Mar. 1, Jan. 1, Jan. 1, 1994 1995 1996 $23.20 $26.45 $30.15 $34.80 $39.67 $45.22 Industrial Cust Recovery (Applies to users requiring treatment of 30,000 gallons or more per day): Proposed Mar. 1, Jan. 1, Jan. 1, 1994 1995 1996 Usage Current Per 1,000 gallons $ .106 $ .123 $ .140 $ .160 BOD, Per 1,000 lbs. $ 45.64 $ 52.94 $ 60.35 $ 68.80 SS, Per 1,000 lbs. $ 36.23 $ 42.03 $ 47.91 $ 54.62 P, Per 1,000 lbs. $329.99 $382.79 $436.38 $497.47 TKN, Per 1,000 lbs. $388.37 $450.51 $513.58 $585.48 IV. Sewer Connection Fees: Proposed Mar. 1, Jan. 1, Jan. 1, Current 1994 1995 1996 4-inch or 6-inch $ 300.00 $ 348.00 $ 396.72 $ 452.26 8-inch $ 750.00 $ 870.00 $ 991.80 $1,130.65 10-inch $1,500.00 $1,740.00 $1,983.60 $2,261.30 RATE ATTACHMENT A SCHEDULE TO BE EFFECTIVE WITH ALL SERVICE BILLINGS ON OR AFTER DATE SHOWN SEWAGE FEES Standard Treatment Charge Fees: March 1, Jan. 1, Jan. 1, 1994 1995 1996 $1.13/100 $1.29/100 cubic ft. cubic ft. $1.47/100 cubic ft. II. Septic Tank Disposal Fees: Up to 1,500 gal/truck: March 1, Jan. 1, Jan. 1, 1994 1995 1996 $23.20 $26.45 $30.15 Over 1,500 gal/truck: March 1, Jan. 1, Jan. 1, 1994 1995 1996 $34.80 $39.67 $45.22 III. Industrial Cost Recovery (Applies to users requiring treatment of 30,000 gallons or more per day): March 1, Jan. 1, Jan. 1, Usaqe 1994 1995 1996 Per 1,000 gallons $ .123 $ .140 $ .160 BOD, Per 1,000 lbs. $ 52.94 $ 60.35 $ 68.80 SS, Per 1,000 lbs. $ 42.03 $ 47.91 $ 54.62 P, Per 1,000 lbs. $ 382.79 $ 436.38 $ 497.47 TKN, Per 1,000 lbs. $ 450.51 $ 513.58 $ 585.48 IV. Sewer Connection Fees: March 1, Jan. 1, Jan. 1, 1994 1995 1996 4-inch or 6-inch $ 348.00 $ 396.72 $ 452.26 8-inch $ 870.00 $ 991.80 $1,130.65 10-inch $1,740.00 $1,983.60 $2,261.30 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk December 23, 1993 File #166-28-29-207-468 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31801-122093 authorizing a certain agreement with Appalachian Power Company permitting instailation of underground power lines to serve Transkrit and Blue Hills Country Club, said easement being across portions of City-owned property identified by Official Tax No. 7280102. Ordinance No. 31801-122093 was adopted by the Council of the City of Roanoke on first reading on Monday, December 13, 1993, also adopted by the Council on second reading on Monday, December 20, 1993, and will take effect ten days following the date of its second reading. Sincerely, City Clerk MFP: sm Enc. pc: R. H. Payne, Right-of-Way Agent, Appalachian Power Company, P. O. Box 2021, Roanoke, Virginia 24022-2121 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Richard V. Hamilton, Real Estate Agent Kit B. Kiser, Director, Utilities and Operations Jesse H. Perdue, Jr., Manager, Utility Line Services IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of December, 1993. No. 31801-122093. AN ORDINANCE authorizing a certain agreement with Appalachian Power Company permitting the installation of underground power lines across portions of City-owned property identified by Official Tax No. 7280102. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, an agreement with Appalachian Power Company permitting the installation of underground power lines to serve Transkrit and Blue Hills Country Club, said easement being across portions of City-owned property identified by Official Tax No. 7280102, described in the report to the Water November 22, 1993. and being more particularly Resources Committee dated ATTEST: City Clerk. (,IT~ ! Roanoke, Virginia '93 13 I 11:11 December 13, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Appalachian Power Company (APCO) Agreement Roanoke Centre for Industry & Technology (RCIT), Official Tax No. 7280102 The attached report was considered by the Water Resources Committee at its regular meeting on November 22, 1993. The Committee recommends that Council authorize the execution of an agreement permitting the installation of underground electric cables across City-owned property identified by Official Tax No. 7280102, in accordance with conditions stated in the attached report. Respectfully submitted, Elizabeth T. Bowles, Chairperson Water Resources Committee ETB:KBK:afm Attachments CC: City Manager City Attorney Director of Finance Director of Utilities & Operations Director of Public Works City Engineer CITY OF ROANOKE Interdepartmental Communication DATE: November 22, 1993 TO: FROM: ~..s,~.ter Resources Committee Kiser, Direcztor, Utilities and Operations thru W. Robert Herber~_~~ SUBJECT: Appalachian Power Company (APCO) Agreement Roanoke Centre for Industry & Technology (RCIT) Official Tax No. 7280102 I. Background: A. Transkrit site off of the end of Blue Hills Circle, N.E. required the extension of Blue Hills Circle, N.E. City-owned lot, designated a non-buildable lot dedicated for landscaping only, was created along the easterly side of Blue Hills Circle, N.E., extended. APCO public utility easement, twenty (20) feet wide, exists along the easterly boundary of the lot, but is not wide enough to cover the lot and touch the street right- of-way (see attached map). II. Current Situation: Extension of underground power lines to serve Transkrit and Blue Hills Country Club require that those lines cross portions of the City-owned lot not included in street right-of-way or public utility easement. This requires Council approval. III. Issues: A. Need B. Timing Page 2 IV. Alternatives: Committee recommend to City Council that it authorize the City Manager and City Clerk to execute and attest respectively an APCO Agreement permitting the installation of underground power lines across portions of City-owned property identified by Official Tax No. 7280102. 1. Need by petitioner to install power lines is met. 2. Timing to allow installation as quickly as possible is met. Committee not recommend to City Council that it authorize the installation of underground power lines across City- owned property. 1. Need by petitioner for permission to install lines not met. 2. Timinq to permit installation as soon as possible is not met. Recommendation: Committee recommend to City Council that it authorize the execution of an APCO Agreement permitting the installation of underground electric cables across City-owned property identified by Official Tax No. 7280102 in accordance with Alternative "A". KBK/WRH/RVH/kh Attachments cc: City Attorney Director of Finance Director of Public Works City Engineer MAP SEC. 3780-207B CITY OF' ROANOIqE VIRGINIA "n D. 66 5020 EXISTING ~OLE 207./$/ 207-207I 207-2070 --~¢KgPOSEO POLES LOCA?EO 4' Or~ PROPER'rY' L/NE 207-2065 ~07- .~0~ rr n U 207. 2067 207. 206~ 207. 2052 207-~065 APPALACHIAN POWER COMPANY ROANCKE VIRGINIA ROANOKE D[VI$10N "F & D. DI[PARTMT PROPO~FD RIGHT OF WAY ON PROPERTY OF CITY OF' ROANOKE DRAWN eY I-M.A. ~)^~r~ I0 - 26-93 APP. aY J BA.III SCALg I '=200' DRAWING NO. R-3019 MAP NO. 3780-207B W. O. 750-0011 PROPERTY NO. 4 J. O. 93-1980 THIS AGRBEMENT, made this 1st day of November, 1993, by and between the CITY OF ROANOKB, a municipal corporation existing under ths laws of the Commonwealth of virginia, herein called 'GP/%,NTOR," and APPAL~CHIAN PONE~ COMPANY, a Virginia corporation, herein called "APPaLaCHIAN.' W I T N E S S E T H: THAT FOR AND IN CONBID~TION of the sum of ONE DOLLAR ($1.00), the receipt of which is hereby acknowledged, the GP~NTOR hereby gives license and permit toAPPALACHIAN, its successors and assigns, and the right, privilege and authority to said APPALACHIAN, its successors and assigns, to construct, erect, operate, and maintain a line or lines for the purpose of transmitting electric power overhead and underground within the Roanoke Centre for Industry and Technology, property of The City of Roanoke, Virginia. BNIIG a right of way, in, on, along, through~ over, across or under said lands and shown as proposed overhead line and proposed underground line on that certain Appalachian Power Company Drawing R-3019, dated 10-26-93 entitled Proposed Right of Way on City of Roanoke, attached hereto and made a part hereof. TO~B~E~ with the right to said APPALACHIAN, its successors and assigns, to construct, erect, install, place, operate, maintain, inspect, repair, renew, remove, add to the number of, poles, with wires, cables, croasarms, guys, anchors, grounding systems and all other appurtenant equipment and fix~cures, underground conduitet ducts, vaults, cables, wires, transformers, pedestals, risers, pads, fixtures and appurtenances (hereinafter called #Appalachian~s Facilities"), and string wires and cables, adding thereto from time to time, in, on, along, over, through, across and under the above referred to premises; the right to cut down, trim, clear and/or otherwise control, and at Appalachian~s option, remove from said premises, any trees, shrubs, roots, brush, undergrowth, overhanging branches, buildings or other obstructions which may endanger the saflty of, or interfere with the uss of, Appalachian's Facilities; the right to disturb the surface of said premises and to excavate thereon; and t~.e right of ingress and referred to premises and any Grantors at any and all times, egress to and over said above of the adjoining lands of the for the purpose of exercising and enjoying the rights herein granted, and for doing anything necessary or useful or convenient in connection therewith. The Grantor hereby grants, conveys and warrants to Appalachian Power Company a non-exclusive right of way easement for electric facilities. In the event APPALACHIAN should remove all of said Appala~hian'a facilities from the lands of the G~ANTOR, than ell of the rights, title and interest of the party of APp;tLACHIAN in the right of way and license hereinebove granted, shall revert to the GP.~ITOR, its successors and assigns. APPALACHIAN agrees to indemnify and save harmless the GP.~/~TOR against any and all loss or damage, accidents, or injuries, to persons or property, whether of the GRANTOR or any other person or corporation, arising in any manner from the negligent construction, operations, or maintenance, or failure to properly construct, operate, or maintain said Appalachian's facilities. TO HAVB AND TO HOLD the same unto Agpalachian Power Company, its successors and assigns. Upon recordation of this agreement Appalachian accepts the terms and conditions contained therein. WITNESS the signature of the City of Roanoke by , its City Manager, and its municipal seal hereto affixed and attested by MARY F. pA~KER, its city clerk pursuant to Ordinance No. adopted on CITY OF ROANOKE ATTEST: CITY MARAGER CITY CLERK STATE OF VIRGINIA) ) CITY OF ROANOKE ) TO-WIT: I, , a Notary Public in and for the city and Commonwealth At Large, do certify that and , city Manager and City Clerk, respectively, of the City of Roanoke, whose names as such are signed to the writing above, bearing date the __ day of , 19 __, have each acknowledged the same before me in my Jurisdiction aforesaid. Given under my hand this day of , 19 __. My Commission Expires: AGRMTS/CTYROA2.WPF NOTARY PUBLIC 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 December 23, 1993 File #9-166-169-468 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31802-122093 authorizing the proper City officials to enter into a lease agreement between the City and the Hertz Corporation for use of City-owned property located at 1302 Municipal Road, N. W., for said Corporation's maintenance, servicing and storage facilities, for a five year period, effective December 1, 1993, at an annual rental of $19,000.00, upon certain terms and conditions. Ordinance No. 31802-122093 was adopted by the Council of the City of Roanoke on first reading on Monday, December 13, 1993, also adopted by the Council on second reading on Monday, December 20, 1993, and will take effect ten days following the date of its second reading. Sincerely, ~d..~,~(...__ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno, pc: Connie G. Gurich, Director of Properties, The Hertz Corporation, 225 Brae Boulevard, Park Ridge, New Jersey 07656-2471 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Deborah J. Moses, Chief of Billings and Collections Kit B. Kiser, Director, Utilities and Operations Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Richard V. Hamilton, Real Estate Agent IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of December. 1993. No. 31802-122093. AN ORDINANCE authorizing the proper City officials to enter into a lease agreement between the City and the Hertz Corporation for use of City-owned property at 1302 Municipal Road, N.W., for said corporation's maintenance, servicing and storage facilities, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, the appropriate lease agreement with the Hertz Corporation for said corporation's maintenance, servicing and storage facilities located at 1302 Municipal Road, N.W., for a five (5) year period, effective as of December 1, 1993, at an annual rental of $19,000.00, and upon such other terms and conditions as are deemed appropriate and as more particularly set forth in the report to this Council dated December 13, 1993. ATTEST: City Clerk. '~].o ~b k-~., ~l~inia December 13, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Hertz Corporation Rental of City Property 1302 Municipal Road, N.W. Corporation, in accordance with conditions report. The attached report was considered by the Water Resources Committee at its regular meeting on November 22, 1993. The Committee recommends that Council authorize the lease of an improved two (2) acre parcel of land at 1302 Municipal Road, N.W., a portion of Official Tax No. 6640105, to the Hertz stated in the attached ETB:KBK:afm Attachments cc: Respectfully submitted, Elizabeth T. Bowles, Chairperson Water Resources Committee City Manager City Attorney Director of Finance Director of Utilities & Operations Airport Manager Connie G. Gurich, The Hertz Corporation Office of Billings & Collections INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: November 22, 1993 _~be~s~Water Resources Committee Kit B. Kiser, Director, Utilities & Operations, W. Robert Herbe~ty Manager HERTZ CORPORATION RENTAL OF CITY PROPERTY 1302 MUNICIPAL ROAD, N.W. thru I. Backqround: City Council by Ordinance No. 18406, dated November 11, 1968, and Resolution No. 18537, dated January 27, 1969, authorized the execution of a lease for a period of ten (10) years, with two (2) irrevocable five (5) year extensions, of a two (2) acre parcel of property, and an option on one (1) additional acre of property, to the Hertz Corporation for facilities for the maintenance, servicing and storage of lessee's vehicles. Initial ten (10) year lease term was December 1, 1968 thru November 30, 1978. Hertz Corporation erected a structure on the leased premises and has exercised its right to the two (2) additional five (5) year extensions of the initial ten (10) year lease term. The term of the second (and last) lease extension ended on November 30, 1988. New five (5) year lease was approved by City Council on August 1, 1989, by Ordinance No. 29680. Term of lease is December 1, 1988 through November 30, 1993. Lease fee is $17,000.00 per annum. II. Current Situation: A. Hertz Corporation was notified of the termination of the term of the last lease extension in November 1993. City staff have negotiated a proposed agreement with Hertz Corporation for a new five (5) year lease term and a lease fee of $19~000.00 per annum, effective as of December 1, 1993. III. Issues: A. Need B. Timinq C. Income to City IV. Alternatives: Committee recommend to City Council that it authorize the appropriate City officials to execute a lease, for a five (5) year term, of the two (2) acre site with improvements shown on the attached City of Roanoke Plan No. 5124, a portion Official Tax No. 6640105, to the Hertz Corporation at an annual lease fee of $19~000.00. Lease to provide for insurance and indemnification in amounts and form acceptable to the Risk Manager and City Attorney. Lease and lease fee to be effective as of December 1, 1993. 1. Need by petitioner for continued use of property is met. 2. Timing to reinstate lease, which terminates on November 30, 1993, as quickly as possible is met. 3. Income to City is the annual $19~000.00 lease fee. B. Committee not recommend to City Council that it authorize the lease of property to the Hertz Corporation. 1. Need by petitioner for continued use of property not met. 2. Timinq to reinstate lease as quickly as possible not met. 3. Income to City is zero. Recommendation: Committee recommend to City Council that it authorize the lease of an improved two (2) acre parcel of land at 1302 Municipal Road, N.W., a portion of Official Tax No. 6640105, to the Hertz Corporation in accordance with Alternative "A". KBK/RVH/fm Attachment cc: City Attorney Director of Finance Airport Manager Connie G. Gurich, The Hertz Corporation Office of Billings & Collections :',,~_.TdC~NV '~ 'n 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 D~puty City Clerk December 23, 1993 File #27=28-468 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31803-122093 authorizing vacation of a storm drain and sanitary sewer easement through property identified as Official Tax No. 2280511, Lot 12, Block 4, Map of Floraland, owned by Danny R. Horsley and Mark K. Clark, said easement area to be vacated being more particularly described in a report of the Water Resources Committee under date of November 22, 1993. Ordinance No. 31803-122093 was adopted by the Council of the City of Roanoke on first reading on Monday, December 13, 1993, also adopted by the Council on second reading on Monday, December 20, 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 o pc: Mr. Danny R. Horsley and Mr. Mark K. Clark, 2815 Floraland Drive, N. W., Roanoke, Virginia 24012 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations Jesse H. Perdue, Jr., Manager, Utility Line Services Wiliiam F. Clark, Director, Public Works Charles M. Huffine, City Engineer Richard V. Hamilton, Real Estate Agent Philip C. Schirmer, Project Manager IN THE COUNCIL OF THE CITY OF ROANOKE, The 20th day of December, 1993. No. 31803-122093. VIRGINIA, AN ORDINANCE authorizing the vacation of a portion of a storm drain and sanitary sewer easement through property identified by Official Tax No. 2280511 and owned by Danny R. Horsley and Mark K. Clark. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager is hereby authorized to execute, and the City Clerk is authorized to attest, the requisite deed, on such form as approved by the City Attorney, vacating a 1.00 ft. x 190.36 ft. strip on the southwesterly side of a 15-foot wide storm drain and sanitary sewer easement, through property identified by Official Tax No. 2280511, Lot 12, Block 4, Map of Floraland, and owned by Danny R. Horsley and Mark K. Clark, said easement area to be vacated being more particularly described in the report to the Water Resources Committee dated November 22, 1993. ATTEST: City Clerk. Roanoke3 V~rngiDi ~ Decembe~D 1~ 1~9~2 '.01 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Vacation of Portion Storm Drain & Sanitary Sewer Easement Official Tax No. 2280511 The attached report was considered by the Water Resources Committee at its regular meeting on November 22, 1993. The Committee recommends that Council authorize a portion of sanitary sewer and storm drain easement on Lot 12, Block 4, Floraland, to be abandoned, in accordance with conditions stated in the attached report. Respectfully submitted, Bowles, Chairperson Water Resources Committee ETB:KBK:afm Attachments cc: City Manager City Attorney Director of Finance Director of Utilities & Operations Manager, Utility Line Services City Engineer INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: November 22, 1993 ~s~ater Resources Committee 'wK.itRoB~Kr~S~beD~t~ MUatinla~et~es & Operations, VACATION OF PORTION STORM DRAIN & SANITARY SEWER EASEMENT OFFICIAL TAX NO. 2280511 thru I. Background: Property at 2815 Floraland Driver N.W.~ was developed and the house erected on the lot in 1927. Williamson Road Storm Drain Project acquired a 15-foot wide storm drain easement along the northeasterly side of the lot, Lot 12, Block 4, Floraland, several years ago. The easement was donated to the City. II. Current Situation: A. Owners of property have found that easement encroaches into house approximately 0.30 foot and have requested that the encroachment be removed. B. Abandonment of a 1.00' x 190.63' strip of the southwesterly side of the easement will be accomplished by the recordation of attached City of Roanoke, Plan No. 6259. III. Issues: A. Need B. Timing IV. Alternatives: Committee recommend to City Council that it authorize a 1.00' x 190.63' strip of storm drain and sanitary sewer easement on Lot 12, Block 4, Floraland, 2518 Floraland Drive, N.W., to be abandoned in order to eliminate an encroachment of the southwesterly edge of the easement into the house on that property in accordance with City of Roanoke Plan No. 6259 (attached). Water Resources Committee RE: Vacation/Storm Drain & Sanitary Sewer/Floraland Page 2 1. Need to eliminate encroachment is met. 2. Timing to remove problem as quickly as met. possible is Committee not recommend to City Council that it authorize the abandonment of a portion of a sanitary sewer and storm drain easement on Lot 12, Block 4, Floraland. 1. Need to eliminate encroachment not met. 2. Timing to remove problem as quickly as possible is not met. Recommendation: Committee recommend to City Council that it authorize a portion of sanitary sewer and storm drain easement on Lot 12, Block 4, Floraland to be abandoned in accordance with Alternative "A". KBK\RVH\fm Attachment cc: City Attorney Director of Finance Manager, Utility Line Services City Engineer (Schirmer) The property shoen on this pl~t Is now in name OF Danny R, Horsley and Nark K. ~s recorded in deed book ~693 p~ge 609 ~ong the land records o~ the easement ~odl£1ed by this plat is recorded In deed book 1617 page 225 among the land records oF the C;~cy oF Roanoke, Virginia, LUT I1 Centerltne oF existing 15' easement 1.1~' Stal~ o~ Ext~ Easement Hereby Vacated 14,00' \ LAYMAN SI~UARE \ LOT 9A PLAT SHI~II~ THE VACATD]N OF A PgRTII~ OF A 15' STgRM DRAIH AH~ SANITARY SEVER EASEHENT GRANTED TO CITY OF ROANOKE, VIRGINIA ~R05S THE PRgI~RTY OF ~cal~ ~'"~' ~ ~c~er 18, 1993 ~fr~ce me ~e Oty Engineer (703) 98~-g7~ M~RY F. PARER 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. EAK1N Deputy City Clerk December 23, 1993 File #28-166-458-468 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31804-122093 authorizing execution of a deed of easement granting the Roanoke Gas Company a 20-foot wide gas pipeline easement at the intersection of Arbor Avenue and Ivy Street, S. E., and across City-owned property, identified as Official Tax No. 4150601, upon certain terms and conditions, as more particularly set forth in a report of the Water Resources Committee under date of November 22, 1993. Ordinance No. 31804-122093 was adopted by the Council of the City of Roanoke on first reading on Monday, December 13, 1993, also adopted by the Council on second reading on Monday, December 20, 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 Eno. pc: Richard F. Pevarski, Superintendent, Operations and Engineering, Roanoke Gas Company, P. O. Box 13007, Roanoke, Virginia 24030 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Charles M. Huffine, City Engineer Richard V. Hamilton, Real Estate Agent Kit B. Kiser, Director, Utilities and Operations IN THE COUNCIL OF THE CITY OF ROANOKE, The 20th day of December, 1993. No. 31804-122093. VIRGINIA, AN ORDINANCE authorizing the execution of a deed of easement granting the Roanoke Gas Company a gas pipeline easement across City-owned property identified by Official Tax No. 4150601, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, a deed of easement granting the Roanoke Gas Company a 20-foot wide gas pipeline easement at the intersection of Arbor Avenue and Ivy Street, $.E., and across City-owned property identified by Official Tax No. 4150601, upon certain terms and conditions, including the payment of $345.00, as more particularly set forth in the report to Water Resources Committee dated November 22, 1993. ATTEST: City Clerk. (:iTT Roanoke, Virginia 93De~m~rp ~1 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Easement on City-Owned Property Roanoke Gas Company Official Tax No. 4150601 The attached report was considered by the Water Resources Committee at its regular meeting on November 22, 1993. The Committee recommends that Council authorize an easement for a new gas line for Roanoke Gas Company across City-owned property No. in accordance with conditions stated in the attached 4150601, report. ETB:KBK:afm Attachments cc: Respectfully submitted, Bowles, Chairperson Water Resources Committee City Manager City Attorney Director of Finance Director of Utilities & Operations Director of Public Works City Engineer Rick Pevarski, Roanoke Gas Company INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: November 22, 1993 Membe~rs, Water Resources Committee B. Kiser, Dir~r of Utilities W. Robert Herbert,~q:lty Manager EASEMENT ON CITY-OWNED PROPERTY ROANOKE GAS CO. OFFICIAL TAX NO. 4150601 & Operations, thru I. Backqround: ao Old gas main under Roanoke River near bend in river in Piedmont Park area requires replacement. River Flood Control Project and undesirable location of existing pipe dictates a move further downstream. II. Current Situation: Request for easement across City-owned property at intersection of Arbor Avenue and Ivy Street, S.E., received from Roanoke Gas Co. This will permit access to the river immediately downstream from an existing City sewer siphon and in a more desirable straight section of the river (see attached map). Appraisal of easement provided by Roanoke Gas Co. indicates a fair market value of $345.00 (see attached appraisal). III. Issues: A. Need B. Timinq C. Income to City Water Resources Committee RE: Easement on City-owned Property Roanoke Gas Co. Tax Map No. 4150601 Page 2 IV. Alternatives: ao Conu~ittee recommend to City Council that it authorize the appropriate City officials to execute a deed of easement granting a 20-foot wide gas pipeline easement for Roanoke Gas Co. across City-owned property identified by Official Tax No. 4150601 for a one-time fee of $345.00. 1. Need by petitioner for new easement to place replacement gas line in is met. 2. Timinq to replace old gas line as quickly as possible is met. 3. Income to City is $345.00. Committee not recommend to City Council that it authorize a gas line easement across City-owned property for Roanoke Gas Co. 1. Need by petitioner for new alignment to replace old pipe is not met. 2. Timinq to allow replacement as soon as possible is not met. 3. Income to City is zero. Recommendation: Committee recommend to City Council that it authorize an easement for a new gas line for Roanoke Gas Co. across City-owned property No. 4150601 in accordance with Alternative "A". KBK/RVH/fm Attachments cc: City Attorney Director of Finance Director of Public Works City Engineer Rick Pevarski, Superintendent, Operations & Engineering, Roanoke Gas Co. ¢IIY OF ROANOKE TAX NO~ 4150601 SEE PLAN #383Z-H '37, PERM GAS EASEMENT S43'00' 2.T9' 7.00' N4?*OO'OO"W 400.00' AL) --PROPOSED 8" GAS MAIN i, UG ARBOR AVENUE S.E. (50' R/W) TAX NO. 4151006 PERHARENT EA~ENENT CQNTAZNiNO 899 SQ. FT, gHADEO AREA DF. NOTEB EASEHENT TO BE ACOU{RED. EASEMENT PLAT FOR ROANOKE GAS COMPANY ON PROPERTY OF THE CITY OF ROANOKE DEED BOOK 922 PAGE 84 CITY OF ROANOKE, VIRGINIA SCALE8 1" ' 20' DATEI SEPT, 16, 1993 ~ HATTERN & CRAIG 701 FIRST STREET ROANOKE, VIRGINIA 24016 Di~.ID~ 1242'E2 Roanoke Gas September 27, 1993 City of Roanoke Municipal Building 215 Church Ave SW Roanoke, VA 24011 Attn: Dick Hamilton Re: Request for a Roanoke Gas Company gas pipeline easement located across Roanoke City property, Tax No. 4150601 Dear Mr. Hamilton: Enclosed please find a Deed of Easement and an easement plat for a proposed gas pipeline loc9%ed on the City of Roanoke property tax nnmber 4150601. This pipeline is required in order to reinforce the existing gas network feeding South and Southwest Roanoke. A crossing of the Roanoke River at the location referenced above will replace the current Roanoke River crossing located upstream. If you have any questions, please do not hesitate to call me at 983-3814. Rick Pevarski Superintendent- Operations & Engineering RFP:plw Enclosure n~u) OF ~ FOR AND IN ODNSrnF3%~ION OF ~ SUM ~ ~ ~ ($1.00) ~ ~ ~ ~3 ~, ~ ~~F IS ~ ~, CJty of Roanoke · ~~ ~.r~ .~," ~ ~- ~I~~) ~, ~, ~~~ ~ ~ ~ City OF Roanoke , ~ ~ V~, ~ n~ ~ ~T.T~S: LAs described on attached plat) WItNeSS ~ Ff)T'T~.~,~ $I(~;A~T.~RF~ ~"n~$ T~{E -- DAY OF ST~ OF %,~mZa ) ) APPRAISAL REPORT OF A PROPOSED GASLINE EASEMENT PROPERTY LOCATION 500 Block of Arbor Avenue, SE Roanoke, Virginia (Tax Map Number: 4150601) PROPERTY OWNER Ci~ of Roanoke PREPARED FOR Roanoke Gas Company P. O. Box 13007 Roanoke, Virginia 24030 Atto: Mr. Richard F. Pevanki BY Earl O. Robenson, MAI, SRA. October 13, 1993 Mr. Richard F. Pevarski Roanoke Gas Company P. O. Box 13007 Roanoke, Virginia 24030 Dear Mr. Pevarski: At your request, I have personally inspected and appraised the proposed gasline easement located between Arbor Avenue and the Roanoke River in the southeast section of the City of Roanoke. It was this appraiser's opinion,., based on the data which was gathered and analyzed, that the estimated market value of the proposed permanent easement containing 899 square feet was: THREE HUNDRED FORTY FIVE DOLLARS ($345.00) as it existed on October 4, 1993. This fractional apprai~l report is believed to be complete and the opportunity to be of service is appreciated. However, if there are any questions or if I can be of further assistance, please let me know.  Sincerely, Earl G. Robemon,, EG PURPOSE OF APPRAISAL The purpose of this appraisal is to estimate the market value of a proposed permanent waterline easement. The Appraisal Institute defines the term market value as 'q~he most probable price in cash, terms equivalent to cash, or in other precisely revealed terms, for which the appraised property will sell in a competitive market under all conditions requisite to fair sale, with the buyer and seller each acting prudently, knowledgeably, and for self-interest, and assuming that neither is under undue duress." Fundamental assumptions and conditions presumed in this definition are: 1. Buyer and seller are motivated by self-interest. 2. Buyer and seller are well informed and are acting prudently. 3. The property is exposed for a reasonable time on the open market. 4. Payment is made in cash, its equivalent, or in specified financing terms. 5. Specified financing, if any, may be the financing actually in place or on terms generally available for the property type in its locale on the effective appraisal date. 6. The effect, if any, on the amount of market value of atypical financing, services, or fees shall be clearly and precisely revealed in the appraisal report. PROPERTY RIGHTS APPRAIS~ The appraisal of this property is predicated on the assumption that the title is in fee simple, free and clear of all liens or assessments and that easements or land covenants affecting the property have no objectionable clauses. FRACTIONAL INTEREST APPRAIS~.I~ This appraisal report is limited to the fractional interest of the proposed permanent easement. SCOPE OF APPRAISAL In reco?iflon of the significance of the appraisal problem, the appraiser conducted a diligent search for relevant mnrket data, verified the data, and used it In the analysis of the appraisal problem and the development of the value estimate. The search for data did not reveal all of the data which existed, but was believed to provide an adequate amount of data to develop a reliable estimate of value for the subject property, and represents all of the data that a reasonable search might uncover. SCOPE OF APPRAISAL (Cont'd.) The appraiser considered the use of three approaches to value: The Sales Comparison Approach; the Income Approach; and the Cost Approach. One or more of the approaches may not have been developed for the subject appraisal report, due to scarcity or inadequate reliability of data. The reason for the appraiser's decision not to include one or more of the three approaches to value is stated in the report. The extent to which the appraisal report describes the appraisal problem, the property to be appraised and the analysis and conclusions developed by the appraiser was determined by the appraiser according to reporting guidelines which may have been specified by the client, and by the judgement of the appraiser, based on the function of the appraisal. Some of the data used in the development of the appraisal may not be included in the report for the above reasons. All of the data used in the preparation of the appraisal report is retained in the appraiser's files ff required for future reference. The appraiser cautions the reader of the appraisal report that the detail of the report may have been determined by guidelines based on the function of the appraisal stated by the client, and may not be adequate or applicable to another function. Arbor Avenue is a paved street, publicly maintained by the City of Roanoke. no sidewalk, curb or gutter. There is 7~ONING The subject land is zoned RM-1; Multi Family District, Low Density District according to local tax records. The land was vacant at the time of inspection. All public utilities are awaable to the subject property. The subject property is located in a designated flood b~rd area. The rear of the subject property is adjacent to the bank of the Roanoke River according to information obtained by this appraiser. DATE OF PROPERTY INSPECTION October 4, 1993 DATE VALUATION APPLIES October 4, 1993 HIGHEST AND BEST USE The highest and best use of the subject property is believed to be a continuation of its present use which is green space between the street and the river. D~ON OF THE LARGER PARCF. L The larger parcel (sometimes called the '~vhole property" is an irregular shaped site located on the northeast side of the street in the 500 block of Arbor Avenue, SE in Roanoke, Virginia. According to :l~formation obtained by this appraiser, the land has a street frontage of 400 lineal feet and a maximum depth of 80 feet. Depth along the left side is 70 feet and along the right side the depth is 7.0 feet. The rear property line curves as does the bank of the river. Total land area is estimated at 25,750 square feet. There are several public sewerlines on this parcel of land, with a concrete box and manhole located about 24 feet from Arbor Avenue and about 105 feet northwest of the right sideline. (See attached easement plat). This land is further identified by Roanoke City Tax Map Number 4150601. The land surface is covered mostly with grass except for some natural growth trees and bushes near the bank of the fiver. DES~N OF THE PROPOSED TAKING The proposed acqu/sition comists of a permanem easement 20 feet in width, extending from Arbor Avenue to thc rear property linc. The centerline of this easemem intersects Arbor Avenue 92.79 feet northwest of the right sideline and the centerline intersects the rear property line 89.20 feet from the right sideline according to the easement plat furnished to this appraiser. Distance across the larger parcel along the proposed centerline is 44.94 feet Total area in the proposed permanent easement is 899 square feet according to the easement plat This proposed permanem easement would cross one of the existing sewerlines according m the easement plat DF. SCRIFrlON OF THE PROPOSED TAKING (Cont'd.) There are no other known improvements on the land near the proposed acquisition. METHOD OF APPRAISAL The subject property consists of unimproved land only. Therefore, this report is limited to the "Sales Comparison Approach". VALUATION OF THE PROPOSED TAKING Recent sales and/or offerings of comparable unimproved land were compared with the subject land to derive an estimated market value of the easements to be acquired. From this data, it is this appraiser's opinion that the estimated market value of the proposed taking is: Permanent Easement 899 S.F. @ $0.64 x 60% $345.00 Damage to the Residue - N~ne Enhancement to the Residue - None $ 0.00 Total Estimated Value of the Taking $345.00 Data used to derive the estimated value of the proposed taking is on file in this appraiser's office Appraiser's Note: It is assumed that, after construction, the land surface will be returned, as nearly as poss~le, to its condition prior to construction and that ingress and egress to the subject property will be provided at all times. CERTIFICATION I certify that, to the best of my knowledge and belief, the statements of fact contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved. My compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of, this report. My analyses, opinions, and cenclusions were developed, and this report has been prepared in conformity with the requirements of the Uniform Standards of Professional Appraisal Practice of the Appraisal Institute. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. As of the date of this report, I, Earl G. Robertson, have completed the requirements of the continuing education program of the Appraisal Institute and am currently certified under this program. I have made a personal inspection of the property that is the subject of this report. No one provided significant profe¥!onal assistance to the persons signing this report. This appraisal was prepared with the assistance of the office staff of Commonwealth Appraisal Company. However, no one other than the undersigned prepared the analyses, conclusions, and opinions concerning real estate that are set forth in this appraisal report. The real property which is the subject of this appraisal report was valued as of October 4, 1993 for $345.00. I further certify that the appraisal assignment was not based on a minimum valuation, a specific valuation or the approval of a loan. This appraisal conforms to the Uniform Standards of Professional Appraisal Practice issued by the Appraisal Standards Board of the Appraisal Foundation, to the applicable provisions of Title XI of the Federal Financial institutions Reform, Recovery, and Enforce~, 12 U.S.C. 3310, 3331-3351, and to the applicable regulations of ~-g EARL G. ROBERTSON '~"~ Respectfully submitted, Dated~ ~ EASEMENT LOCATION MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 21~ Church Avenue, S.W., Room 4~6 Roanoke, Virginia 24011 Telephone: (703) 981-254.1 SANDRA H. EAKIN Deputy City Clerk December 23, 1993 File #67-243-468 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31805-122093 authorizing and providing for the lease by the City of the Villa Heights Recreation Center, located at 2750 Clifton Avenue, N. W., to the LOA Area Agency on Aging, for a term of five years, from October 1, 1993, through September 30, 1998, at an annual rental rate of $1.00, subject to certain terms and conditions, as more fully set forth in a report of the Water Resources Committee under date of November 22, 1993. Ordinance No. 31805- 122093 was adopted by the Councli of the City of Roanoke on first reading on Monday, December 13, 1993, also adopted by the Council on second reading on Monday, December 20, 1993, and will take effect ten days foliowing the date of its second reading. f~',, o,..~ ~,Sincerely' ~~ _ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Susan B. Williams, Executive Director, LOA Area Agency on Aging, P. O. Box 14205, Roanoke, Virginia 24038-4205 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations Deborah J. Moses, Chief of Billings and Collections Charles M. Huffine, City Engineer Richard V. Hamilton, Real Estate Agent William F. Clark, Director, Public Works John W. Coates, Manager, Parks, Recreation and Grounds Maintenance IN THE COUNCIL OF THE CITY OF ROANOKE, The 20th day of December, 1993. No. 31805-122093. VIRGINIA, AN ORDINANCE authorizing and providing for the lease by the City of a structure known as the Villa Heights Recreation Center located at 2750 Clifton Avenue, N.W., to the LOA Area Agency on Aging, subject to certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, a lease with the LOA Area Agency on Aging, leasing to said organization that structure known as the Villa Heights Recreation Center, located at 2750 Clifton Avenue, N.W., for a term of five (5) years, from October 1, 1993 through September 30, 1998, at an annual rental rate of One Dollar ($1.00), upon certain terms and conditions set out in the report and attachments to the report to the Water Resources Committee dated November 22, 1993. ATTEST: City Clerk. Dee~mb~-53 ,' '19'93 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Villa Heights Recreation Center League of Older Americans (LOA) Area Agency on Aging Northwest Diner's Club Lease The attached report was considered by the Water Resources Committee at its regular meeting on November 22, 1993. The Committee recommends that Council authorize the lease of certain facilities at the Villa Heights Recreation Center to the LOA Area Agency on Aging, attached report. ETB:KBK:afm Attachments cc: in accordance with conditions stated in the Respec.tfully submitted, Elizabeth T. Bowles, Chairperson Water Resources Committee City Manager City Attorney Director of Finance Director of Utilities & Operations Director of Public Works Manager, Parks & Recreation Chief of Billings & Collections CITY OF ROANOKE Interdepartmental Communication DATE: TO: FROM: SUBJECT: November 22, 1993 e.~i~,er Resources Committee ~ser, Dl~r.~ Utilities and Operations thru W. Robert Herbert~y Manager Villa Heights Recreation Center League of Older Americans (LOA) Area Agency on Aging Northwest Diner's Club Lease I.' Background: A. Use of Villa Heights Recreation Center by Northwest Diner's Club has taken place since approximately 1974. Staffing of the Recreation Center during this time has been funded by the City. Recently, the part-time Center aide budget has been reduced considerably, causing the City to be unable to afford to staff the program. II. Current Situation: Proposed lease of facilities at the Recreation Center by LOA which would allow use of facilities for $1.00 per year with LOA providing staff for the feeding program has been submitted. This is similar to the lease to LOA for this purpose of the facilities at the southeast Fire Station No. 6 site. Hours of LOA responsibility and use are 9:30 a.m. to 1:30 p.m. weekdays (see attached letter and proposed lease agreement). Term of lease is an initial five (5) year term from October 1, 1993 through September 30, 1998, with mutual agreement to automatically extend it on a year-to-year basis thereafter with thirty (30) days prior written notice by either party to terminate the lease. III. Issues: A. Need B. Timing Page 2 C. Indemnification and General Liability Insurance IV. Alternatives: Committee recommend to City Council that it authorize the City Manager and City Clerk to execute and attest respectively a lease agreement providing for the use of some of the facilities of the Villa Heights Recreation Center by the League of Older Americans (LOA) Area Agency on Aging to conduct their "Northwest Diner's Club" meals for the elderly program under certain terms and conditions outlined in the attached proposed lease agreement. 1. Need by LOA to continue a program that has operated since about 1974 is met. 2. Timing to provide for no lapse in the program is met. Indemnification and General Liability Insurance to be provided by LOA, with insurance limits of not less than $1,500,000, including umbrella coverage combined single limit for bodily injury and/or property damage liability per occurrence, and not less than $2,000,000 aggregate for any accident involving bodily injury and/or property damage (including wrongful death). Committee not recommend to City Council that it authorize the lease of certain facilities in the Villa Heights Recreation Center to the LOA "Northwest Diner's Club". 1. Need to continue program without interruption is not met. 2. Timing to grant authority immediately is not met. 3. Indemnification and General Liability Insurance is not an issue. Ve Recommendation: Committee recommend to City Council that it authorize the lease of certain facilities at the Villa Heights Recreation Center to the LOA Area Agency on Aging in accordance with Alternative "A". Page 3 KBK/WRH/RVH/kh Attachments cc: City Attorney (Talevi) Director of Finance Director of Public Works Manager, Parks and Recreation Chief of Billin§s & Collections DATE= TO= FROM= SUBJECT: CITY OF ROANOKE INTERDEPi~RTMENT COMMUNICATION November 5, 1993 Kit B. Kiser, Director, utilities & Operations John W. Coate anager, Parks and Recreation LOA Area Agency on Aging, Lease Agreement Attached is a copy of the proposed Lease Agreement between the LOA Area Agency on Aging and the city of Roanoke for the limited use of the Villa Heights Recreation Center. The draft agreement has been reviewed and approved by Steven J. Talevi, Assistant City Attorney, Barry K. Agnew, Acting Risk Management Officer and Shannon Abell, LOA Contract Coordinator. Please take appropriate action to bring this agreement before the Water Resources Committee on November 22, 1993. Your assistance in this matter is appreciated. JWC:LBV:jj Attachment cc: William F. Clark, Director of Public Works Richard V. Hamilton, Right-of-Way Agent, Engineering Owen M. Grogan, Jr., Superintendent of Recreation Robert S. Renaud, Recreation Supervisor William T. Clark, Senior Citizen Supervisor MEMO DATE: TO: FROM: SUBJECT: August 23, 1993 William F. Clark, Director of Pnblic Works Lynnis Vernon, Acting Manager Parks & Recreation Lease Agreement with LOA Area Ageucy on Aging Tile LOA Area Agency on Aging I~as for several years used tile Villa Heights Recreation Center as a site for a congregate feeding program, the Northwest Diners Club. For many of these elderly participants this is the only hot meal of their day as well as their prilnary social outlet. In FY 92-93 staffing cost for the use of Villa Heights by the LOA was $3,395.00. Because of the budget cut for FY 93-94 the recreation divisiou has had a reduction of $10,000 in tile part-time center aide budget. The proposed lease agree~nent is designed to lower operational costs to the department while at the same time maintaining the same level of service to the community. The LOA is a non-profit organization, supported by Federal, State and United Way funding. In this way they are unique frmn other clubs and orgauization that we deal with. Current policies relating to Resolution No. 24982 and City Code 24-90 do not cover this type of situation. Therefore this agreement is needed. Over the past three months the Parks & Recreation Department has been working with the LOA to produce a lease agreement for tile use of tile Villa Heights Recreation Center. This lease would allow them access to the center for $1.00 per year. ltl turn the LOA would be issued a key to the center. They will be responsible for staffing and supervision of the building while their program is in the center. At this time a proposed agreement has been drawn up. This agreement has been reviewed and approved by both the Recreation Depamnent and the LOA. It was patterned after an agreement that tile LOA has for use of tile Sontheast Fire Station. Lauren Eib reviewed LOA's insurance coverage and was satisfied that it is st, fficient. I would like to set a meeting date to discuss this matter, address your questions and sub,nit this agreement to the City Attorneys for final approval. This agreement needs to be effective by October 1, 1993 in order to coincide with LOA's FY 93-94. This agreement should be finalized and submitted to council by September 20, 1993. LV:tc Attachment CC: Barry Agnew, Acting Risk Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Owen Grogan, Recreation Superintendent LEASE AGREEMENT Between the City of Roanoke, Department of Parks and Recreation and the LOA Area Agency on Aging Regarding Use of Villa Heights Recreation Center 2750 Clifton Avenue, NW, Roanoke, Virginia The City of Roanoke, Department of Parks and Recreation (hereafter called the City) leases the Villa Heights Recreation Center to the LOA Area Agency on Aging (hereafter called LOA), a non-profit, 501-C3 organization, the use of the kitchen, multi-purpose room, and restrooms on the first floor of the building, during certain specified hours for the Northwest Diners Club congregate meals program, at a fee of $1.00 per annum. The normal hours of usage by LOA shall be from nine thirty (9:30) a.m. until one thirty (1:30) p.m. weekdays. Additional usage for special events shall be requested through the normal facility request procedures. Usage of the building does not confer exclusive rights to the building during the specified hours. The City reserves the right to program other uses for the undesignated areas of the Villa Heights Recreation Center, so long as such program does not substantially interfere with the Northwest Diners Club. L~.ase Agreement page 2 Parks & Recreation / League of Older Americans 3. This lease is not assignable with out the prior written consent of the City. LOA's Northwest Diners Club shall be responsible for light cleaning, such as sweeping and vacuuming of rooms used by LOA, and removing of garbage to the outside containers each day that the program is in operation. LOA shall be responsible for repairs necessitated by extraordinary damage clearly attributable to negligence by LOA, its members or guests, should this occur. LOA shall notify the City in writing of ordinary repairs and maintenance needs resulting from ordinary wear and tear. Maintenance, including mowing the grass, removing snow, changing fluorescent light bulbs, shampooing of rugs, washing walls, other heavy cleaning and major improvements, such as roofing, both inside and outside the building shall be the responsibility of the City and shall be performed at the discretion of the City. Under no circumstances shall the LOA make improvements upon the premises without specific written authorization from the City. 5. LOA will be responsible to secure the proper Health Department inspections. LOA shall notify the City, if the Northwest Diners Club does not intend to use the Villa Heights Recreation Center for a particular scheduled date. If the Recreation Center is closed to the public due to weather emergencies, emergency repairs, maintenance, or any other reason, the LOA shall not use the Villa Heights Lease Agreement page 3 Parks & Recreation ! League of Older Americans Recreation Center for the Northwest Diners Club program on the affected dates. The City retains the right to close the Villa Heights Recreation Center to the public, including the LOA, at any time and for any reason. In the event of closure, the City shall notify LOA. With the exception of emergency closing, all notifications shall be at least 24 hours in advance. LOA and the City shall share the use of the existing available kitchen appliances such as the refrigerator, stove and kitchen sink. LOA shall provide and maintain office furniture, cleaning supplies, telephone line (if needed), first aid kit & kitchen equipment necessary for the operation of the Northwest Diners Club. Within thirty (30) days of termination of this Agreement, LOA shall remove any said kitchen equipment installed by LOA. LOA shall provide expendable kitchen supplies, such as dish detergent, scouring pads, cloth towels, paper towels, soap and cleanser for Northwest Diners Club usage. LOA will not be responsible for providing expendable supplies for usage of the Villa Heights Recreation Center by other groups and individuals. The City will be responsible for providing all expendable bathroom supplies. LOA will request permission from the City to install equipment that LOA and/or the Northwest Diners Club believes is needed and that requires special installation such as wiring. LOA will be responsible for special wiring, any permit or Lease Agreement page 4 Parks & Recreation / League of Older Americans inspection, contracting fees or any other cost incurred, involved in such installation. LOA agrees to maintain said equipment. LOA shall be issued two (2) sets of keys to the building, storage closets and gate. LOA shall be responsible for opening and securing the premises after each use. Securing the building includes, locking of all appropriate doors, windows and cabinets as well as turning off all appropriate lights. If the City plans programs that precede or extend beyond the LOA's program hours, the City will assume the responsibility for the respective opening or securing of the premises. 10. LOA will provide on-site supervisory staff for all of their programs. All inquiries from the general public about the use of the facility by the LOA will be directed to the on-site supervisory staff or the LOA office. LOA will provide substitute personnel in absence of the regularly scheduled on-site supervisor. 11. LOA shall carry contractual liability and comprehensive general liability insurance, insuring LOA and the City against all legal liability for injuries to persons (including wrongful death) and damages to property mused by LOA's negligent use and occupancy of the demised premises or the LOA clients use thereof or otherwise caused by LOA's activities and operations on said premises, or use or maintenance thereof, with liability limits of not less than $ 1,500,000 including umbrella Lease Agreement page 5 Parks & Recreation / League of Older Americans coverage combined single limit for bodily injury and/or property damage liability per occurrence, and not less than $ 2,000,000 aggregate for any accident involving bodily injury and/or property damage (including wrongful death). LOA shall furnish and keep on file with the City Clerk a certificate of such insurance which shall provide substantially that the City, its officials, agents and employees, are insureds under said policy, and that said policy cannot be canceled or materially modified except upon 30 days advance written notice to the City. LOA further agrees to be responsible for purchasing any contents insurance coverage it may deem necessary for property brought onto leased premises. 12. LOA shall indemnify and hold the City, its officers, agents and employees forever harmless from and against all liability, loss or expense imposed upon the City by reason of legal liability for injuries to persons (including wrongful death) and damages to property on the premises or caused by LOA's or any sub-lessee's negligent use or occupancy of the demised premises or otherwise by LOA's or any sub-lessee's operations or activities on such premises, provided that the City shall give LOA prompt and timely notice of any claim made against the City which may result in a judgment against the City because of such injuries or damages, and promptly deliver to LOA all papers, notices, documents, summonses and other legal process whatsoever served upon the City or its agents, and provided, further, that LOA and its insurer or either of them, shall have the right to compromise and page 6 Lease Agr~ment Parks & Recreation / League of Older Americans defend ail claims, actions, suits and proceedings to the extent of LOA's interest therein; and in connection therewith the parties hereto agree to faithfully cooperate with each other and with LOA's insurer in the defense thereof. 13. Any notice of other communication from either party to the other pursuant to this agreement shail be deemed sufficiently given or communicated if sent by first class mail, with proper postage prepaid, addressed to the party to whom intended, at the following address: For City: City of Roanoke Attention: Manager, Parks and Recreation 210 Reserve Avenue, S.W. Roanoke, VA 24016 Copy to: City of Roanoke Attention: Superintendent of Recreation 210 Reserve Avenue, S.W. Roanoke, VA 24016 For LOA: LOA Area Agency on Aging c/o Director of Community Services P.O. Box 14205 Roanoke, VA 24038-4205 14. Either party hereto at any time may terminate this lease agreement by providing written notice of termination at least 30 day prior to such termination. In no event shail this lease continue after the expiration for five (5) years from October 1, 1993, provided that the parties may mutually agree to an extension of this lease on a year-to-year basis after the expiration of the originai five (5) year term. Lease Agreement Parks & Recreation / League of Older Americans pa~e 7 ATTEST: Mary F. Parker City Clerk CITY OF ROANOKE, VIRGINIA By W. Robert Herbert City Manager ATTEST: LOA Area Agency on Aging By. Susan B. Williams Executive Director