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HomeMy WebLinkAboutCouncil Actions 05-02-94MUSSER 31962 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL May 2, 1994 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. AH Present. (Council Member Musser left the meeting at 2:40 p.m.) The Invocation was delivered by The Reverend Joy Sylvester-Johnson, Director of Development, Roanoke City Rescue Mission. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. Adopted Resolution No. 31962-050294 recognizing and commending the Northwest Neighborhood Environmental Organization, Inc., as recipient of the 1994 President's Volunteer Action Award. (7-0) Proclamation and remarks in connection with National Preservation Week and Virginia Heritage Tourism Weeks to be observed on May 1 - 15, 1994. The Honorable David A. Bowers, Mayor; Mr. George Kegley, President--elect, Roanoke Valley Preservation Foundation; Dr. John R. Kern, Director, Roanoke Regional Preservation Office; Ms. Martha Mackey, Executive Director, Roanoke Valley Convention and Visitors Bureau; and Mr. Richard Willis, President, Old Southwest, Inc. BID OPENINGS Bids for repairs to Jefferson Street Bridge over Norfolk Southern Railway, Contract I. Three bids were referred to a committee composed of William White, Sr., Chairperson, William F. Clark and Charles M. Huffine for tabulation, report and recommendation to Council. Bids for asphalt concrete overlays and pavement profiling of various streets within the City of Roanoke. Three bids were referred to a commiltee composed of William White, Sr., Chairperson, William F. Clark and Charles M. Huffine for tabulation, report and recommendation to Council. PUBLIC HEARINGS Continuation of a public hearing on the request of Wal-Mart Stores, Inc., and William Hunt Staples, et al., that a .6636-acre and a .8091-acre portion of a tract of land containing 62.5379 acres, adjacent to Interstate 581 and the terminus of Broad Street, N. W., identified as Official Tax No. 2250101, be rezoned from LM, Light Manufacturing District, and RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. James F. Douthat and T. L. Plunkett, Attorneys. 2. CONSENT AGENDA (APPROVED 7-0) 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-1 C-2 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 communication from Mayor David A. Bowers requesting input from the City administration as to the necessary steps to be followed to ensure that an interstate connector will be built to link Interstate 581 to Interstate 73, southwest of the City. RECOMMENDED ACTION: Refer to City administration for appropriate response within 90 days. At this point, Mr. Musser left the meeting. 3 REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATFERS: None. 4. PETITIONS AND COMMUNICATIONS: ao A communication from the Roanoke City School Board requesting the close-out of 61 school grants that have been completed, resulting in a net reduction in appropriation of $462,329.00. Adopted Budget Ordinance No. 31963-050294. (6-0) 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: A report with regard to the proposed 1994-95 Community Development Block Grant Program and budget. (20 minutes) Received and filed. ITEMS RECOMMENDED FOR ACTION: A report recommending appropriation of additional Comprehensive Services Act funds, in the amount of $14,164.00, to cover the cost of services for targeted at-risk youth and their families. Adopted Budget Ordinance No. 31964-050294. (6-0) A report recommending appropriation of $21,665.00 from the Capital Maintenance and Equipment Replacement Program in connection with procurement of certain equipment to ensure that the City has a back-up 9-1-1 communications facility to provide continued public safety services. Adopted Budget Ordinance No. 31965-050294. (6-0) A report recommending approval of Change Order No. 1 to the City's contract with J. P. Turner and Brothers, Inc., in the amount of $13,452.12, for construction of a Water and Access Road in the Roanoke Centre for Industry and Technology. Adopted Ordinance No. 31966-050294. (6-0) o A report recommending approval of Change Order No. 1 to the City's contract with E. C. Pace Co., Inc., in the amount of $10,745.00, for construction of the Liberty Road sanitary sewer replacement project; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 31967-050294 and Ordinance No. 31968-050294. (6-0) A report recommending execution of a limited concession agreement with Roanoke Valley Youth Soccer Club, Inc., to sell soccer related merchandise at River's Edge Sports Complex during four requested soccer tournaments. Adopted Ordinance No. 31969-050294. (6-0) o A report recommending execution of a three-party agreement with the Virginia Department of Transportation and Appalachian Power Company for adjustment of electric utilities required in conjunction with the Wells Avenue roadway project; adoption of a measure requesting the Virginia Department of Transportation to place the utility relocations underground; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 31970-050294 and Resolution No. 31971-050294. (6-0) 6. REPORTS OF COMMITTEES: A report of the Roanoke Civic Center Commission recommending an amendment to the City Code with regard to the deposit schedule for Civic Center events. James W. Stephens, Vice-Chairperson. Adopted Ordinance No. 31972-050294. (6-0) A report of the Water Resources Committee recommending vacation of the existing sanitary sewer easement adjacent to the Grand Piano and Furniture Co., Inc. warehouse located in Statesman Industrial Park. Council Member Elizabeth T. Bowles, Chairperson. Adopted Ordinance No. 31973 on first reading. (6-0) 7. UNFINISHED BUSINESS: None. 8. INTRODUCTION AND CONSIDERATION ORDINANCES AND RESOLUTIONS: None. OF 9. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor and Members of City Council. 6 bo Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTHER HEARINGS OF CITIZENS: The following persons spoke with regard to the request of Wal-Mart Stores, Inc., and William Hunt Staples to rezone property located adjacent to Interstate 581 and the terminus of Broad Street, N. W.: Edmond A. Damus, 1920 Deyerle Road, S. W. Sarah Cmwford, 3534 Courtland Road, N. W. Anne Foster, 2322 Oakland Boulevard, N. W. Patficia Nutter, 2328 Oakland Boulevard, N. W. Dr. Panla Willis, 3835 Darlington Road, S. W. CERTIFICATION OF EXECUTIVE SESSION. (5-0, Mr. McCadden was out of the Council Chamber.) 7 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of May, 1994. No. 31962-050294. A RESOLUTION recognizing and commending the members of the Northwest Neighborhood Environmental Organization, Inc. WHEREAS, at the beginning of the 1980's, the Gilmer neighborhood was faced with many of the same problems suffered by other inner-city residential areas, such as drugs, crime, dilapidated housing and neglected property; WHEREAS, a group of fifteen residents, led by Ms. Florine L. Thornhill, decided to take control of their future and reverse the decline; WHEREAS, the fifteen residents formed the Northwest Neighborhood Environmental Organization ("NNEO") and mobilized the community as one of the four pilot neighborhoods to organize under the Roanoke Neighborhood Partnership; WHEREAS, through this coalition of businesses, non-profits, neighborhoods and government, NNEO initiated a planning process to improve the social fabric of its neighborhood by identifying social and physical concerns of the neighborhood, developing action strategies and partnerships to address those concerns, and creat%ng resident commitment and involvement to carry out action strategies; WHEREAS, NNEO has provided safe, affordable housing for seventeen low or moderate income families, reduced the number of unkempt lots by eighty (80) percent, reduced the number of dilapidated and vacant houses within its boundary by fifty (50) percent, repaired seven homes owned by elderly residents to prevent displacement, spurred over $450,000.00 in investment in the neighborhood over the last nine years, increased the assessment of NNEO-owned properties by 600 percent between 1982 and 1992, and employed twenty-seven (27) youths and residents in improvement projects; WHEREAS, through its innovation and willingness to take risks to achieve its goals, the NNEO serves as a prototype for volunteer organizations with a proven record of success; and WHEREAS, NNEO and its President, Ms. Florine L. Thornhill, have recently been honored by the President of the United States through the bestowing of a 1994 Presidential Voluntary Action Award on NNEO; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council adopts this resolution as a form of recognition of the rare combination of courage, determination, and vision to achieve visible, positive change in the community, and as an expression of appreciation for time and talent of the members Environmental Organization, Inc. the voluntary contribution of of the Northwest Neighborhood 2. The City Clerk is directed to forward attested copies of this resolution to the Northwest Neighborhood Environmental Organization, Inc. ATTEST: City Clerk. Given under our hands and the Seal of the City of Roanoke this twenty-seventh day of April nineteen hundred and ninety-four. WHFag, F_.AS, historic preservation enriches the lives of all citizens by providing a greater understanding of American heritage; and WHEREAS, historic preservation enhances the livability of communities throughout the United States of America, from large metropolitan cities to small rural towns; and WHEREAS, National Preservation Week and the second annual Virginia Heritage Tourism Weeks provide an opportunity for citizens of all ages and walks of life to realize the value of saving historic buildings and sites for the cultural, environmental and economic well-being of their communities; and IYH~ , Heritage Tourism Weeks call for Virginians to recognize the cultural and economic benefits that come from saving our history and promoting historic sites visitation, efforts co-sponsored by the Roanoke Regional Preservation Office, the Roanoke Valley Preservation Foundation, the Roanoke Valley Convention and Visitors Bureau, and local preservation organizations; and the theme for National Preservation Week 1994 is: 'Tt's your memory. It's our history. It's worth saving." NOW, THEREFORE, L David A. Bowers, Mayor of the City of Roanoke, Virginia, do hereby proclaim the weeks of May I - 15, 1994, as HERITAGE TOURISM WEFI, S. , ATTEST: Mary F. Parker City Clerk Da~d&Baw~ Mayor COMMONWEALTH o[ VIRQINIA Hugh C. Miller, Director Department of Historic Resources 221 Governor Street Richmond, Virginia 23219 TDD: (804) 786-1934 Telephone (804) 786-3143 FAX: (804) 225-4261 March 31, 1994 Ms. Mary Parker Roanoke City Clerk 215 Church Avenue, S.W. Roanoke, VA 24011 Dear Ms. Parker: National Preservation Week will be observed across the country May 8-14, 1994, and the second annual Virginia Heritage Tourism Weeks will be celebrated throughout the Commonwealth May 1-15, 1994. This joint program between the Department of Historic Resources and the Division of Tourism will focus attention for two weeks on one of the state's leading assets--its history, and on the economic profits generated by historic sites visitation. The Roanoke Regional Preservation Office, tho Roanoke Valley Preservation Foundation, the Roanoke Valley Convention & Visitors Bureau, and local preservation organizations are looking forward to the festivities commemorating heritage tourism in our community. This year's National Prcservation theme is 'It's your memory. It's your history. It's worth saving." Preservation Week and Heritage Tourism Weeks call for us to recognize the cultural and economic benefits which come from preserving and promoting visitation to the historic buildings and sites in our communities. On behalf of the Roanoke Regional Preservation Office, the Roanoke Valley Preservation Foundation, the Roanoke Valley Convention & Visitors Bureau, and local preservation organizations, I am writing to request the opportunity to appear on the Roanoke City Council agenda for the meeting on Monday May 2, 1994 at 2:00 p.m. Mr. George Kegley, President-elect of the Roanoke Valley Preservation Foundation, Ms. Martha Mackey, Executive Director of the Roanoke Valley Convention & Visitors Bureau, Richard Willis, President of Old Southwest, Inc., and I would like to address the City Council with very brief comments at that time. I have also written Ms. Joyce Sink to request a proclamation from the Mayor and City Council. Thank you for your assistance. Enclosure CC: Mr. George Kegley, President-Elect Roanoke Valley Preservation Foundation Ms. Martha Mackey, Executive Director Roanoke Valley Convention & Visitors Bureau Mr. Richard Willis, President Old Southwest, Inc. Roanoke Regional Preservation Office 1030 Penmas Avenue, SE Roanoke, VA 24013 (703) 857-7585 FAX: (703) 857-7588 Director MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virsinia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk May 6, 1994 File #102-223-514 The Honorable William White, Sr., Chairperson ) William F. Clark ) Committee Charles M. Huffine ) Gentlemen: The following bids for repairs to Jefferson Street Bridge over Norfolk Southern Railway, Contract I, were opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, May 2, 1994: BIDDER Lanford Brothers Co., Inc. Corte Construction Co., Inc. Allegheny Construction Co., Inc. TOTAL AMOUNT $127,071.00 176,500.00 204,500.00 On motion, duly seconded and unanimously adopted, the bids were referred to you for tabulation, report and recommendation to Council. Sincerely, ~61.,~_ Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: Wilburn C. Dibling, Jr., City Attorney MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk May 6, 1994 File #514-57 The Honorable William White, Sr., Chairperson ) William F. Clark ) Committee Charles M. Huffine ) Gentlemen: The following bids for asphalt concrete overlays and pavement profiling of various streets within the City of Roanoke were opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, May 2, 1994: BIDDER BASE BID ALT. i ALT. 2 Adams Construction Co. L. H. Sawyer Paving Co., Inc. S. R. Draper Paving Co., Inc. $1,163,168.30 1,251,105.80 1,268,641.70 $49,500.00 49,500.0ff 49,500.00 $249,820.00 252,299.00 260,820.00 On motion, duly seconded and unanimously adopted, the bids were referred to you for tabulation, report and recommendation to Council. Sincerely, ?~ Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: Wilburn C. Dibling, Jr., City Attorney MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk May 6, 1994 File #51 James F. Douthat, Attorney Woods, Rogers and Hazlegrove P. O. Box 14125 Roanoke, Virginia 24038-4125 T. L. Plunkett, Jr., Attorney Plunkett and Logan 305 First Street, S. W., Suite 300 Roanoke, Virginia 24011 Gentlemen: A request of Wal-Mart Stores, Inc., and William Hunt Staples, et al., to withdraw a petition to rezone a . 6636-acre and a . 8091-acre portion of a tract of land containing 62.5379 acres, adjacent to Interstate 581 and the terminus of Broad Street, N. W., identified as Official Tax No. 2250101, from LM, Light Manufacturing District, and RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners, was approved by the Council of the City of Roanoke at a regular meeting held on Monday, May 2, 1994. Sincerely, City Clerk MFP: sm pc: Trustees of Valleyview Wesleyan Church, 2302 Oakland Boulevard, N. W., Roanoke, Virginia 24012 Mr. John J. Showalter and Ms. Cleo S. Nolley, 3914 Greenland Avenue, N. W., Roanoke, Virginia 24012 Mr. and Mrs. Wayne C. Bowman, 3908 Greenland Avenue, N. W., Roanoke, Virginia 24012 Ms. Belva Perrine and Mr. Harlin Perrine, 3836 Greenland Avenue, N. W., Roanoke, Virginia 24012 Mr. and Mrs. Billy D. Creger, 3822 Greenland Avenue, N. W., Roanoke, Virginia 24012 James F. Douthat, Attorney T. L. Plunkett, Attorney May 6, 1994 Page 2 pc: Ms. Norma J. Ridenhour and Ms. Augusta J. Dillon, 3902 Greenland Avenue, N. W., Roanoke, Virginia 24012 Ms. Sofia R. Dominguez, 3810 Greenland Avenue, N. W., Roanoke, Virginia 24012 Mr. and Mrs. Fred H. Atalla, 3802 Greenland Avenue, N. W., Roanoke, Virginia 24012 Mr. and Mrs. John B. Noftsinger, 3730 Greenland Avenue, N. W., Roanoke, Virginia 24012 Mr. and Mrs. Randolph M. Mann, 3724 Greenland Avenue, N. W., Roanoke, Virginia 24012 Mr. and Mrs. William H. Gibbs, 3710 Greenland Avenue, N. W., Roanoke, Virginia 24012 Ms. Norma Findley Ramsey Cabaniss, 261 Locust Street, Tax Department, Hartford, Connecticut 06114 Ms. Anne Foster, 2322 Oakland Boulevard, N. W., Roanoke, Virginia 24012 Ms. Sarah Crawford, 3534 Courtland Road, N. W., Roanoke, Virginia 24012 Ms. Patricia Nutter, 2328 Oakland Boulevard, N. W., Roanoke, Virginia 24012 Dr. Paula Willis, 3835 Darlington Road, S. W., Roanoke, Virginia 24018 Mr. Edmond A. Damus, 1920 Deyerle Road, S. W., Roanoke, Virginia 24018 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 ¢1 ~ /~1 ~' -- ~ ~[I~ ~O~Ce of the City Manager May 4, 1994 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Council Members: Subject: Wal-Mart At your meeting on Monday, May 2, 1994, at which time the request of Wal-Mart Stores, Inc., and William Hunt Staples, et al., to rezone portions of property in the vicinity of Valley View Mall was withdrawn, Council requested information on next steps related to this proposed development. This letter will attempt to set forth what can be anticipated to the best of our ability. As has been previously stated on numerous occasions, the 25 acre site on which Wal-Mart plans to build is already zoned C-2, General Commercial; therefore, no further zoning action by City Council is required. The original rezoning request dealt with two small parcels of adjoining property, no longer deemed essential by Wal-Mart for its proposed development. The Planning Commission will review the proposed site plan at its regular meeting on Wednesday, May 4, 1994. Under Sec. 36.1-577 of the City Code, the Planning Commission shall review and approve all comprehensive development plans for any development which includes the construction of a building in excess of 100,000 square feet of total gross floor area. The Planning Commission's review will include the following considerations: (a) The compatibility of the development with its environment and provision for such things as grading, screening, lighting, and landscaping; (b) The ability of the development to provide for the convenient and safe internal and external movement of vehicles and pedestrians; and (c) The location and adequacy of necessary drainage, sewage, utilities, and erosion and sediment control measures. Room 364 Municipal Building 215 Churcl~ Avenue. S W Roanoke. Virginia 24011 1591 (703) 981-2333 Mayor Bowers and Council Members May 4, 1994 Page 2 Assuming the Planning Commission's approval, Wal-Mart will be able to obtain building permits and proceed with development. The City administration will continue to work with representatives of Wal-Mart, Watts, Faison, and others with interests in the Valley View area toward agreements dealing with traffic issues. These might be two-party or multi-party agreements addressing existing conditions as well as the possible new connection from 1-581 to Valley View Boulevard Extended. Wal-Mart has stated that they seek a two-party agreement prior to Planning Commission consideration of the comprehensive plan. It may be possible that Wal-Mart will present an agreement signed by an appropriate representative of Wal-Mart within this time frame that the City administration would recommend to City Council. Whenever there is an agreement among the parties, it will be brought to Council for your review and public consideration. I hope this information is responsive to Council's request. Please contact me if there are further questions for which the administration could provide answers. Respectfully, W. Robert Herbert City Manager WRH:WFC:pr CC: Mary F. Parker, City Clerk Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director of Public Works Edmond A. Dumas, 1920 Deyerle Road, S. W. Sarah Crawford, 3534 Courtland Avenue, N. W. Anne Foster, 2322 Oakland Boulevard, N. W. Patricia Nutter, 2328 Oakland Boulevard, N. W. Dr. Paula Willis, 3835 Darlington Road, S. W. Roanoke City Planning Commission April 11, 1994 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Wal-Mart Stores, Inc. and William Hunt Staples, et al, represented by James F. Douthat, attorney, and T. L. Plunkett, attorney, that a portion of properties in the northwest quadrant of the City in the Valley View Mall area, more specifically described as a northwestern .8091 acre portion of Official Tax No. 2250101, currently zoned LM, Light Manufacturing District, be rezoned to C-2, General Commercial District, and a northern .6636 acre portion of property beating Official Tax No. 2250101, currently zoned LM, Light Manufacturing District and RS-3, Residential Single Family District, be rezoned to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Background: Purpose of the rezoning request is to provide for the incorporation of two (2) small tracts of land (total of 1.473 acres) into the adjoining 25 acre parcel for the construction of a retail sales facility (Wal-Mart Supercenter). Petition to rezone was filed on February 9, 1994. The following conditions were proffered by the petitioners: The property will be combined by properly approved plat with the adjacent 25 acre parcel (identified as Tax No. 2370102). The exterior treatment of the proposed Wal-Mart Supercenter will be compatible architecturally with commercial buildings at Valley View Shopping Center. Room 162 Municipal Building 215 Chumh Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2344 Members of Council Page 2 April 11, 1994 The exterior of the Wal-Mart Supercenter visible from Interstate Route 581 will be architecturally compatible with the other exterior walls of the building. The rear loading and receiving areas will be screened from I~ 581. A landscaping plan compatible with the existing combination of berm and vegetation in use at Valley View Shopping Center will be extended along Interstate Route 581. A form, 7460-1, Notice to Proposed Construction, will be filed with the Federal Aviation Administration for a determination by the FAA that the construction would have no substantial adverse effect on the safe and efficient utilization of the navigable air space or on the operation of the air navigation facilities. Plannine Commission oublic hearing was held on Wednesday, March 2, 1994 (draft minutes attached). Mr. James Douthat, attorney, appeared before the Commission on behalf of the petitioners. Mr. Douthat summarized the rezoning request noting that it would be possible to construct the Wal-Mart Supercenter on the 25 acre site already presently zoned C-2. Mr. Douthat referenced a letter, dated 2/14/94, to Mr. Sparks, Acting Chief of Economic Development (attached), which detailed what Wal-Mart was willing to do as far as road construction. Mr. Douthat indicated that Wal-Mart was concerned with the traffic situation and was willing to work with the City and other property owners to provide the connector road to 1-581. Mrs. Dorsey, City Planner, gave the staff report noting that staff was recommending approval of the requested rezoning because it was a logical extension of the existing C-2 zoning in the area. Mr. Marlles, Chief of Community Planning, advised the Commission that since the preparation of the staff report, the Planning Department had received numerous calls from citizens who were concerned with the potential traffic impact from the development. Mr. William F. Clark, Director of Public Works, appeared before the Commission to summarize the status of the proposed connector with 1-581. Mr. Clark noted that the proposed interchange was only a concept at this time and that there was no guarantee that the interchange would be approved by the state or federal government. Commission members, staff and the petitioner's representatives discussed the legality of proffering the proposed connector roadway and other on-site and off- site improvements. Members of Council Page 3 April 11, 1994 Mr. John Knihb (Land Development Inc.) summarized the sequence of events of the Wal-Mart project. He noted that numerous meetings had been held with Faison, Watts and City staff regarding the project. He said he thought it would be inappropriate to delay him further while he was doing everything in his power to make the road happen. Mr. Bradshaw noted that he had only seen the petition for six days and had just received the traffic study at this meeting. He noted that it was the Commission's charge to look at the request from a good planning perspective and that the petitioner had to convince him that the petition was right. There was extensive discussion regarding the traffic impact of the proposed development and the various traffic studies that had been done in connection with the proposed development and surrounding area. Ms. Anne Foster (2322 Oakland Boulevard, NW) appeared before the Commission and stated that she lived in the Valley View Mall area and the City was trying to destroy the residents with this rezoning. Ms. Foster also noted that she was only 10 minutes away from the Wal-Mart in south Roanoke and another one was not needed in her area. She commented on the other established businesses in the area and the impact that a Wal-Mart would have on them. Ms. Sarah Crawford (3534 Courtland Road, NW) appeared before the Commission and stated that she liked the Wal-Mart store, but did not feel one was needed in her neighborhood. She said that she was very concerned about the traffic, the school children, and the potential for a disaster at Valley View Mall (i.e., fire). Reverend Randy Garner (Valley View Wesleyan Church, 2302 Oakland Boulevard, NW) appeared before the Commission and stated that his biggest concern was the traffic at Valley View Mall. He said that he appreciated the City trying to address the new ramp because he realized trying to get offand on 1-581 was a real issue. Mr. John Showalter (3914 Greenland Avenue, NW) appeared before the Commission and asked whether or not Avalon or Broad Street would be opened up to through traffic. He also asked if anything would be done to Huff Lane Park. Mr. Bill Gibbs (3710 Greenland Avenue, NW) appeared before the Commission and stated that he had lived in the area since 1976. He said that the development of Valley View Mall had not been a great problem to him and that his greater concern was the traffic. He said that he was glad that no roads had been opened Members of Council Page 4 April 11, 1994 from the residential area. He said that he liked to see the City doing well, but his concern was that no streets lead from the shopping area to the neighborhood and no business be located behind Greenland Avenue. Mr. Bradshaw stated he felt the Commission needed further information as far as traffic was concerned. In response to a question from a Commission member, Mr. Marlles stated that it would be possible for the petitioner's request to be tabled until the Commission's April meeting and still be heard by City Council at their April 1 lth public hearing. In response to a question from Mr. Butler, Mr. Knibb stated that a delay would stop the subdivision and comprehensive development plan review process. II. Issues: Zoning of the two (2) small parcels is LM, Light Manufacturing District and RS- 3, Residential Single Family District. The surrounding zoning pattern in the area is as follows: to the north is C-2, General Commercial District; to the south and west, across 1-581, is LM, Light Manufacturing District; and to the east and far south (Oakland Boulevard and Greenland Avenue area) is RS-3, Residential Single Family District. Land use of the two (2) small parcels is currently vacant, undeveloped property. Surrounding land uses in the area is as follows: to the north is a vacant 25 acre tract adjoining Valley View Boulevard (south of the Sears store in the mall); to the east is a vacant 62 acre tract which adjoins the single family residences along Greenland Avenue; to the far south is an elementary school, a 12 acre vacant, undeveloped tract and a church; and to the west, across 1-581, is vacant, undeveloped land. Utilities are available to the larger site of which these two (2) parcels will become a part. All engineering and storm water management issues would be addressed and resolved as part of the comprehensive site development plan review process required for the construction of the proposed Wal-Mart Supercenter on the adjoining 25 acre tract. Access to the property is via the internal shopping center ring road, Valley View Boulevard. No access is proposed nor will be permitted to any adjoining residential collector streets, such as Oakland Boulevard, Greenland Avenue or Broad Street. As indicated on the general site plan accompanying the rezoning petition, direct access to the site is being proposed via a connector to 1-581. To Members of Council Page 5 April 11, 1994 date, numerous discussions have taken place between the Virginia Department of Transportation, Faison (developers of the shopping center) and representatives for Wal-Mart, Inc. however, no final plans nor commitments have been made. According to a City staff analysis report prepared in 1978 when the original rezoning took place for the shopping center development, traffic impacts was a major issue addressed at that time. The report concluded that the proposed commercial zoning of the overall site (160 acres) would produce roughly the same peak hour traffic as the existing industrial zoning designation of the property if it were fully developed. Furthermore, the report stated that the anticipated traffic generation could be mitigated by the Hershberger Road improvements. Eo Industrial land in the City has been identified as a valuable economic asset and should be protected. However, due to the fact that the majority of the adjoining tract (25 acres) is currently zoned C-2, General Commercial District of which this 1.473 acres is to be a part, this particular land area is not considered valuable for industrial development. F. Comprehensive Plan recommends: Commercial development is carefully evaluated to ensure minimal conflict with residential areas and to promote good land use; 2. Neighborhood character and environmental quality be protected. 3. Encourage appropriate infill development. III. Alternatives: A. City Council deny the rezoning request. Zoning of the subject property would remain LM, Light Manufacturing District and RS-3, Residential Single Family District. The proposed use of the 1.473 acre tract as part of the proposed adjoining development would not be allowed to occur. The Wal-Mart Superstore could still be developed on the 25 acre tract already zoned C-2, General Commercial District. Land use would remain vacant, undeveloped property available for infill industrial development at some future date. 3. Utilities would be unaffected. Members of Council Page 6 April 11, 1994 Access to the site would not be an issue due to the fact that the development of the adjoining commercially zoned 25 acre tract would be a "use-by-right", subject to the requirements set forth in the zoning ordinance for comprehensive development plan review. Industrial land remains protected despite the fact that the site is not suitable for industrial development. The same applies to the residentially zoned portion of this 1.473 acre land area requested for rezoning despite the fact that this area lies within an all-port approach area and further residential development is strongly discouraged. Comprehensive Plan issues as set forth could be followed at a later date. City Council approve the rezoning request. Zoning of the subject property would become conditional, C-2, General Commercial District and the incorporation of the two (2) parcels (1.473 acres) into the adjoining 25 acre tract would occur as part of the development of the Wal-Mart Supercenter retail sales facility. Land use would be part of the Wal-Mart Supercenter retail sales facility site, a part of the Valley View regional shopping mall. Utilities would not be an issue. Storm drainage concerns and other design or engineering issues will be addressed and resolved during comprehensive site development plan review and approval process for the entire site. Access to and from the property will be provided by the existing public and private internal road system of the shopping center with possible direct access from 1-581 via a proposed interchange south of the proposed development site. Future traffic generation impacts on the area are currentiy being studied by the project engineers, the City Traffic Engineer and VDOT. Industrial land although not preserved for industrial development, is appropriately developed given the location of this 1.473 acre tract as it adjoins the 25 acre commercially zoned parcel proposed for development as part of the shopping center. Suitable development of the residentially zoned portion of this request is also facilitated given the restrictions and suggested prohibition of further residential development within an airport approach surface area. Members of Council Page 7 April 11, 1994 6. Comprehensive Plan issues as set forth would be followed. IV. Recommendation: The Planning Commission, by a vote of 5-2 (Mr. Butler and Mrs. Coles voting for the rezoning reques0 recommended denial of the rezoning request based on the finding that there was insufficient time for the Commission or staff to evaluate the potential traffic impacts of the proposed development on the existing road system surrounding Valley View Mall. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission JRM:EDD:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Zoning Administrator Economic Development Specialist Attorneys for the Petitioners MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLEP, X 215 C~urch Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2~41 SANDRA H. EAKIN Deputy City Clerk February 10, 1994 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 James F. Douthat, Attorney, representing Wal-Mart Stores, Inc., and Williams Hunt Staples, et al, requesting that a . 6636 acre and a. 8091 acre portion of a tract of land containing 62.5379 acres, adjacent to Interstate 581 and the terminus of Broad Street, identified as Official Tax No. 2250101, be rezoned from LM, Light Manufacturing .District, and RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. z-'"' ~-~/ ~;~'Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm r/wal-mart Enc. pc: The Honorable Mayor and Members of the Roanoke City Council James F. Douthat, Attorney, Woods, Rogers and Hazlegrove, P. O. Box 14125, Roanoke, Virginia 24038-4125 ~rohn R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney VIRGINIA: BEFORE THE COUNCIL FOR THE CITY OF ROANOKE IN RE: Rezoning of a .6636 acre and a .8091 acre portion of a tract of land containing 62.5379 acres adjacent to Interstate 581 and the terminus of Broad Street bearing Tax No. 2250101 from LM Light Manufacturing District and RS-3 Residential District to C-2 General Commercial District, such rezoning to be subject to certain conditions PETITION FOR REZONING TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL FOR THE CITY Inc. has entered into an agreement Katherine Watts, Ellen Watts, Mary OF ROANOKE (1) Wal-Mart Stores, with William Hunt Staples, W. Crutchfield, Margaret W. Turpin, Elizabeth Staples Weber, Abram Penn Staples, Allen Watts Staples, Jr., Jean Showalter Strom-Olsen and John Strom-Olsen, English Showalter, Jr. and Elaine Showalter, David Watts Showalter and Ranea Showalter to purchase two portions of a tract of land bearing Tax No. 2250101, the first, which contains .8091 acres, is currently zoned LM-Industrial District, and the second, which contains .6636 acres, is currently zoned LM-Industrial and RS-3 Residential District (the "Property"). The Property is to be combined with an adjacent parcel bearing Tax Identification No. 2370102 containing 25 acres. (2) The 25 acre tract (Tax Identification No. 2370102) and the Property are currently unoccupied. Pursuant to 36.1- 690, Code of the City of Roanoke (1970), as amended, the 199680 - 2 - petitioners request the Property be rezoned from LM-Industrial District and RS-3 Residential District to C-2, General Commercial District, subject to certain conditions, in order that the Property and the adjacent 25 acre parcel may be used as the location of a Wal-Mart Supercenter and for retail and commercial stores. (3) The petitioners believe the rezoning of the Property will further the intent and purpose of the City's zoning ordinance and comprehensive plan in that the combination of the Property with the adjacent 25 acre tract will allow the 25 acre tract to be used for the location of a major retail facility to be constructed thereon and on the Property and will cause the Property to be used in a manner consistent with adjacent commercial property. The proposed development and use will also result in an increase in the real estate tax base of the City of Roanoke, provide additional Jobs to citizens of the City, conform to existing commercial uses in the area and along Route 581, and allow the development of the proposed Wal-Mart Supercenter to be consummated in a more practical and efficient matter. (4) Wal-Mart hereby proffers and agrees that, if the property is rezoned as requested, the rezoning will be subject to and the petitioners will abide by the following conditions: M L99680 - 3 - 1. The Property will be combined by properly approved plat with the adjacent 25 acre parcel (Tax No. 2370102). 2. The exterior treatment of the proposed Wal-Mart Supercenter will be compatible architecturally with commercial buildings at Valley View Shopping Center. 3. The exterior of the Wal-Mart Supercenter visible from Interstate Route 581 will be architecturally compatible with the other exterior walls of the building. The rear loading and receiving areas will be screened from I.-581. 4. A landscaping plan compatible with the existing combination of berm and vegetation in use at Valley View Shopping Center will be extended along Interstate Route 581. 5. A form 7460-1, Notice to Proposed Construction, will be filed with the Federal Aviation Administration for a determination by the FAA that the construction would have no substantial adverse effect on the safe and efficient utilization of the navigable air space or on the operation of the air navigation facilities. (5) The following documents are attached hereto: Vicinity Map; Appraisal Map No. 225; Plat of property to be rezoned; List of adjacent property owners. M 199680 - 4 - RESPECTFULLY SUBMITTED, WAL-MART STORES, INC. By James F. Douthat, Esq. WILLIAMS HUNT STAPLES, ET AL. T.L. Plunkett, Jr., Esq. James F. Douthat, Esq. WOODS, ROGERS & HAZLEGROVE, P.L.C. Dominion Tower, Suite 1400 10 South Jefferson Street P.O. Box 14125 Roanoke, VA 24038-4125 (703) 983-7600 !199680 2~4120 LOCK HAVI~ ADJACENT OWNERS Address Jean B. Showalter, Et al. 1272 Rookland Ave. NW Roanoke, VA 24012 City of Roanoke--Roundhill School 2020 Oakland Blvd. NW Roanoke, VA 24012 Jean B. Showalter, Et al. 1272 Rookland Ave. NW Roanoke, VA 24012 Roanoke Area Association c/o ARC--Bob Huddleston P.O. Box 6157 Roanoke, VA 24017 for Retarded Citizens First National Exhange Bank Trustees/Peter Huff P.O. Box 14061 Roanoke, VA 24038 City of Roanoke, Virginia Andrews Road, NW Roanoke, VA 24017 City of Roanoke--Huff Huff Lane NW Roanoke, VA 24012 Lane School First National Exchange Bank of Virginia et al. P.O. Box 14061 Roanoke, VA 24038 Sears Roebuck and Company 3333 Beverly Road Hoffman Estates, IL 60179 Roanoke Leggett Realty 1016 Church St. Lynchburg, VA 24505 Valley View Associates LTD 121 W. Trade St. 1900 Interstate Tower Charlotte, NC 28202 Tax Map Number 2250101 2250102 2250103 2250105 2360101 2360102 2370101 2370102 2370103 2370104 2370107 Address Noro-V&lle¥ View Associates Limited Partnership 121 W. Trade Street 1900 Interstate Tower Charlotte, NC 28202 Noro-Valle¥ View Associates Limited Partnership 121 W. Trade Street 1900 Interstate Tower Charlotte, NC 28202 Noro-Valle¥ View Associates Limited Partnership 121 W. Trade Street 1900 Interstate Tower Charlotte, NC 28202 Noro-Valley View Associates Limited Partnership 121 W. Trade Street 1900 Interstate Tower Charlotte, NC 28202 Tax Map Number 2370108 2370110 2370111 2370112 2 ADJACENT PROPERTY OWNERS Address Trs. Valleyview Wesleyan Church 2302 Oakland Blvd. NW Roanoke, VA 24012 John J. Showalter or Cleo $. 3914 Greenland Ave. NW Roanoke, VA 24012 Nolley Wayne C. & Mary E. Bowman 3908 Greenland Ave. NW Roanoke VA 24012 Norma Jean Ridenhour or Augusta Jeanette Dillon 3902 Greenland Ave. Roanoke VA 24012 Belva Perrine or Harlin Perrine 3836 Greenland Ave. NW Roanoke VA 24012 John C. & Virgie C. 3836 Greenland Ave. Roanoke VA 24012 Perrine NW Billy Dean & Alice 3822 Greenland Ave Roanoke VA 24012 Marie Creger · NW Billy Dean & Alice Marie Creger 3822 Greenland Ave. NW Roanoke VA 24012 Billy Dean & Alice Marie Creger 3822 Greenland Ave. NW Roanoke, VA 24012 Sofia R. Dominguez 3810 Greenland Ave Roanoke, VA 24012 Fred H. & Isabelle J. Atalla 3802 Greenland Ave. NW Roanoke, VA 24012 Tax Map Number 2250104 2250501 2250502 2250503 2250504 2250505 2250506 2250507 2250508 2250509 2250510 M#199795 Address John B. & Mary K. Noftsinger 3730 Greenland Ave. NW Roanoke, VA 24012 Randolph M. & Jane $. Mann 3724 Greenland Ave. NW Roanoke, VA 24012 William H. & Alyce A. Gibbs 3710 Greenland Ave. NW Roanoke, VA 24012 William H. & Alyce A. Gibbs 3710 Greenland Ave. NW Roanoke, VA 24012 Norma Findley Ramsey Cabaniss 261 Locust St. - Tax Dept. Hartford, CT 06114 Tax Map Number 2250601 2250602 2250603 2250604 2250605 M#199795 Roanoke City Planning Commission March 2, 1994 DRAE Minutes The regular meeting of the Roanoke City Planning Commission was held on Wednesday, March 2, 1994, in the City Council Chambers. The meeting was called to order at 1:32 p.m., by Chairman Charles A. Price, Jr. Attendance was as follows: Present: John P. Bradshaw, Jr. Paul C. Buford, Jr. Gilbert E. Butler Carolyn H. Coles (late) Barbara N. Duerk Richard L. Jones Charles A. Price, Jr. The following items were considered: 1. Aooroval of Minutes - February_ 2, 1994 There being no additions and/or corrections to the February 2, 1994, minutes, Mr. Buford moved they be approved. The motion was seconded by Mrs. Duerk and approved 6-0. ~ Reauest from Wal-Mart and William Hunt Staples, etals Property located in the Valley View Mall Area Pt. Official Tax No. 2250101, rezone from LM and RS-3 to'C-~, conditional Mr. James Douthat, attorney, appeared before the Commission. He reviewed the history of the Huff Farm rezoning to C-2 for the current Valley View Mall shopping area and future commercial development. He said that the access for the development was from the ring road. He said that his client was now asking for a rezoning of two small sections of property adjacent to the 25 acre commercially zoned tract for the purpose of allowing construction of a Wal-Mart superstore. He said that the future question was what would happen to the Watts property adjacent to the 25 acre tract. He said that Wal-Mart had entered into an agreement about a year ago with the owners of the Huff Farm and came to the City to began working out plans to build the center. He said that the 25 acre, commercially zoned tract was sufficient for a superstore. Mr. Douthat referenced a letter, dated 2/14/94, which he had written to Mr. Phillip Sparks of the City's Economic Development Department. He said that in that letter (Attachment 1) he detailed what Wal-Mart was willing to do as far as road construction was concerned and Wal- Mart's projected employment and sales figures. Mr. Douthat stated that Wal-Mart could presently build on the 25 acre site, by right, with comprehensive development plan approval. He said that Wal-Mart was requesting a rezoning in order to allow two things to happen: (1) truck parking and dock at a location that would be shielded from 1-581, the main entrance to the City; and (2) allow a private roadway with Roanoke City Planning Commission Minutes Page 2 March 2, 1994 additional landscaping. Mr. Douthat explained that there was a 13 foot grade difference between the docks and 1-581. He said that Wal-Mart did not want to put their loading docks and trucks at the rear of the building, as they have done at other stores, because of the visibility from 1- 581. He also noted that he had made a proffered condition relative to the exterior treatment of the rear of the Wal-Mart building. Mr. Douthat presented the Commission with a proposed landscaping plan which showed 50+ trees on the site and further noted that the location of the docks and landscaping proposed made for good planning. Mr. Douthat again stated that Wal-Mart could build on the 25 acre site today and gain access to their property from the ring road, however, Wal-Mart wanted to look at the entire area. He said that Wal-Mart was concerned about what would happen in the entire area as far as traffic was concerned. He said that in 1991, a traffic study had been conducted and a road was proposed though the Watts' property. He said that Wal-Mart was studying traffic even though they already had a right to use the property. He said that Wal-Mart had entered into negotiations with Faison (Valley View) and Watts and a tentative agreement, where Wal-Mart would reserve enough land for the connector road, had been reached. He said that if Wal-Mart could get a road coming beside them, down Valley View Boulevard, then they would build the road and dedicate it to the City. He said that he believed the Wattses would do the same. He said that the proposed rezoning and subsequent site plan review and approval, would allow them the necessary acreage in which to build the connector road. Mr. Douthat noted that Wal-Mart anticipated widening the ring road promptly. He pointed out a berm on the landscape plan, but noted that he was not sure of the height of the berm because of the tentative nature of the connector road. Mrs. Coles arrived at this time (1.47 p.m.) Mr. Douthat read the following proffers: The property will be combined by properly approved plat with the adjacent 25 acre parcel (tax no. 2371012). The exterior treatment of the proposed Wal-Mart Supercenter will be compatible architecturally with commercial buildings at Valley View Shopping Center. The exterior of the Wal-Mart Supercenter visible from Interstate Route 581 will be architecturally compatible with the other exterior walls of the building. The rear loading and receiving areas will be screened from 1-581. A landscaping plan compatible with the existing combination of berm and vegetation in use at Valley View Shopping Center will be extended along Interstate Route 581. Roanoke City Planning Commission Minutes Page 3 March 2, 1994 5. A form 7460-1, Notice to Proposed Construction, will be filed with the Federal Aviation Administration for a determination by the FAA that the construction would have no substantial adverse effect on the safe and efficient utilization of the navigable air space or on the operation of the air navigation facilities. Mr. Bradshaw asked how much fill would be placed over the low point of the building. Mr. Art Clanton (project engineer, CEI Engineering Associates) appeared before the Commission and said that there was 22 feet at the lowest point. He noted that 54" storm drain pipe and 12" of sewer pipe would be relocated. He said there would be six to seven feet of fill added to the front of the building. Mr. Bradshaw asked what the relative height elevation of the interstate was to the finished floor of the building. Mr. Clanton stated that it was 2-3 feet above the finished floor. Mr. Bradshaw asked if you would be looking down on the site. Mr. Clanton stated that was correct. Mr. Price asked if there was any lettering on the 1-581 side of the ~buil.ding. Mr. Clanton stated that normally the back of Wal-Marts were not normally signed. However, Wal-Mart normally liked to sign any street frontage. He said that he assumed the signage issue would be addressed during site plan review. Mr. John Knibb, representing Wal-Mart, appeared before the Commission and stated that Wal- Mart would be seeking their typical signage on the front of the store. He said he had asked headquarter where they stood on interstate signage and they had informed him they would like to have signage along the interstate and would be asking for it later during site plan review or with a variance request. Mr. Douthat said that if the Commission required a proffer relative to signage, then he could put something together. Mr. Bradshaw questioned the need for the fifth proffer, noting that if it was required by the State, then it should not be a part of the petition. Mr. Douthat stated that staff had requested that proffer, but he could remove it if necessary. Mrs. Dorsey gave the staff report on the matter. She noted that she would not restate what had already been presented by Mr. Douthat. She noted that Wal-Mart currently had a 25 acre tract, Roanoke City Planning Commission Minutes Page 4 March 2, 1994 zoned C-2, with no conditions and the proposed Wal-Mart could be built with no rezoning necessary. She said that because the petitioner wanted to be sensitive to the traffic from 1-581 they elected to put the building parallel to 1-581 and put the loading area at a lower elevation. She noted that the .6+ acre was currently zoned Single Family and Light Manufacturing and that the other .86+_ acre tract was zoned Light Manufacturing. She said that if the rezoning were successful, then those two tracts of land would be incorporated with the adjoining 25 acres by subdivision. She noted the zoning in the immediate area: C-2 and LM to the north; LM to the south; vacant RS-3 to the east; and C-2 and LM across 1-581 to the west. Mrs. Dorsey further noted that the property was currently vacant and undeveloped and that utilities and traffic access would be available through the private ring road in Valley View Mall. She noted that Planning staff was recommending approval of the requested rezoning which contained less than two acres. She said that it was good planning and a logical extension of the C-2 zoning. Mr. Price said that he was looking at the rear of the building and asked if there would be shrubbery and trees planted in that area. Mrs. Dorsey responded that the minimum landscaping requirements set out in the zoning ordinance would be exceeded by the plantings proposed by Wal-Mart. Mr. Marlles advised the Commission that since the preparation of the staff report, numerous calls from people in the area had been received who were concerned with the potential traffic impact of the proposed development. Mrs. Duerk said that she realized there would be no access from the residential collector streets and that it was proposed to put a connector street on the Wal-Mart property to connect to a proposed interchange. She noted that there had been no mention of an interchange in the recently adopted Thoroughfare Plan and noted her concern about timing and funding of such an interchange. She asked if there was any information about the proposed interchange. Mr. Marlles stated that Mr. Clark was available for a presentation on that issue. Mr. William F. Clark, Director of Public Works, appeared before the Commission and stated that he could only talk about the concept of an interchange with 1-581, because it was only a concept at this time. He noted that whether or not Wal-Mart was constructed, the City had had a desire for an additional interchange on the interstate to serve the area. He said that the City knew there was a need for relief on Hershberger Road and other areas. He said that before the Wal-Mart project was ever announced, a traffic consultant had been engaged to look at an interchange with 1-581. He noted that in previous thoroughfare plans that had been an interchange at 10th Street, which had been dropped. He said that since that time, the concept has been pursued for some type of interchange north of the interstate, which would open up additional vacant land in the area, which is ripe for development. He said that it was only a concept. He presented an aerial photo of the area and noted that the photo did not show what the interchange would look like. He further stated there was no guarantee of an interchange and Roanoke City Planning Commission Minutes Page 5 March 2, 1994 the decision of how an interchange would be funded has not been made because there has been no approval by the state or federal government. He said that the City believed a strong case could be made for the interchange but the big hurdle was its close proximity to the Hershberger Road interchange. He said that once traffic data was available, the City would attempt to justify an interchange to the state and federal governments. Mr. Price asked if the interchange would connect to any residential street. Mr. Clark responded that he did not envision any connection to a residential area. There was discussion about the former 10th Street widening project and interchange and the impact that it could have had on the neighborhoods in the 10th Street area. Mr. Price voiced his concern about the impact on the neighborhood in the future. He said that the large volumes of traffic would separate a community. Mr. Clark commented that the City would have to hold meetings with citizens to get their input on the interchange. Mr. Bradshaw asked if consideration had been given to just putting an off- and on-ramp off of 1-581, similar to the one at Williamson and Orange Avenue. Mr. Clark said that had been studied. He said that engineers had stated t~hat only a north bound off ramp and south bound ramp may be justified. Mr. Bradshaw asked the timing of the study. Mr. Clark said that it would be 30-45 days before the consultant's report was received and probably six to nine months away from getting a reaction from the state and federal governments. Mr. Bradshaw asked about the road that Wal-Mart would dedicate. He noted it was not a proffered condition. Mr. Douthat said that the rezoning was for 1.4 acres and the road was located on the 25 acres already properly zoned. He said that it was illegal to proffer something on property that was not subject to the rezoning. He said that he was willing to enter into an agreement with the City about the road. Mr. Bradshaw said he thought the Commission needed to look at the whole picture. He said that the petitioner was willing to proffer planting around the entire building and he asked why the roadway couldn't be proffered also. Roanoke City Planning Commission Minutes Page 6 March 2, 1994 Mr. Butler asked if the petitioner could make a proffer that involved property not the subject of the petition to rezone. Mr. Dibling said that the petitioner had made all kinds of proffers not relative to the acreage to be rezoned. Mr. Douthat said that he disagreed with that, noting that the landscaping and building facade were part of the property requested for rezoning. He said that he could not proffer a road if he did not know if the City was going to build. Mr. John Knibb appeared before the Commission and stated that the problem with proffers were that they ran with the land and by that he would be proffering a section of public road which had no connection with any other public road at this point in time. He said that it was not a question of whether he was willing to do that, because he was ready to commit to do so. He said that it was the vehicle by which the commitment could be made was the problem. He said that he was suggesting that the vehicle was not a zoning proffer, but an agreement that would be entered into with Wal-Mart, the City and others. He said that the Commission was exactly right in identifying that that commitment should be made and he was prepared to make that commitment in the form of a public/private agreement that ran with the land. Mr. Bradshaw said that he could not vote on a promise. Mr. Knibb said that he could proffer that the agreement would be d~ne~ Mr. Bradshaw said that all he wanted was the road across the property, if the interchange came into play. Mr. Butler referenced a Fairfax County zoning case on contract zoning and asked if this would be contract zoning. He asked if it was acceptable to have a condition relative to the road as part of the rezoning. Mr. Douthat said that he thought that would be an illegal proffer because the road did not touch the property to be rezoned. Mr. Butler again raised the Virginia Supreme Court case on contract zoning, and asked how we could accomplish what the City wanted and what the petitioner wanted without running into trouble with that court case. Mr. Dibling said that he did not think there would be any objection where the City, the developer as well as other landowners in the area were agreeable to entering into an agreement. He said that the agreement would not tie the hands of the Commission or City Council with respect to a rezoning. He said that the rezoning would be independent of the agreement. Roanoke City Planning Commission Minutes Page 7 March 2, 1994 Mr. Butler asked if the multi-party agreement needed to exist prior to the Commission's approval of the rezoning, so the Commission would not have to approve the rezoning subject to an agreement. Mr. Dibling said that the agreement did not have to exist for the Commission to make a recommendation with respect to the rezoning. Mr. Butler asked if the Commission needed to stay away from the appearance that they were issuing an approval on the petition subject to the petitioner agreeing to certain off-site improvements. Mr. Bradshaw said that if both parties agreed that they wanted a contract, then the Supreme Court decisions did not make any difference. Mr. Douthat said that there would come a time when an agreement would be needed from the Wattses as well as the other landowners. Mr. Butler asked what would happen if the property were rezoned and the landowners were unable to come to an agreement. Mr. Douthat said that Wal-Mart would still build. Mr. John Knibb said that in order to understand the sequence of events of the Wal-Mart project, the Commission would have to go back over a year ago. He said that private access was available on the ring road and the City brought to Wal-Mart's attention that there had been a study of the 1-581 interchange near the property in question. He said that numerous meetings had been held with Faison, Watts and City staff and legal counsel had been hired to prepare an agreement. He said that Wal-Mart was trying to be the catalyst for making the road happen. He said that he thought it would be inappropriate to delay him further while he was doing everything in his power to make the road happen. He said there was no reluctance on Wal- Mart's part to doing what the Commission wanted done. He said that the 1-581 interchange did not become a reality, other recommendations had been made; i.e., 2 signals on the ring road. He said that the process had been delayed for a long time while Wal-Mart tried to be a good neighbor and a good citizen. He said that Wal-Mart wanted to be a part of the community and needed to get this part of the approval so they could move forward with subdivision and comprehensive development plan review. Mr. Bradshaw said that he had only seen this petition for six days and just received the traffic study at this meeting.. He said that it was the Commission's charge to look at the request from a good planning perspective. He said that the petitioner had to convince him that the petition was right. Mr. Price asked Bob Bengtson, City Traffic Engineer, for comments relative to the proposal. Roanoke City Planning Commission Minutes Page 8 March 2, 1994 Mr. Bengtson appeared before the Commission and stated that approximately one month ago, the traffic impact analysis was presented to him. He said that since that time, he had reviewed the initial results and responded back to the petitioner. He said that he had received the revised document back this morning and had not had an opportunity to review it. He said that there were still some outstanding analyses that needed to be done and he understand that they would be done this week. He noted that he did not have the full analysis in front of him and he did not want to comment in any official capacity at this time. In response to a question, Mr. Bengtson said that the study was done in late October, 1993. Mr. Price asked if the City had any information about peak holiday traffic. Mr. Bengtson said that the traffic volumes in late October needed to be factored up into a design hour using traffic volumes recorded throughout the year at Valley View Mall. Mr. Marlles commented that the Planning staff had not had an opportunity to review the revised traffic information. He noted that there was a traffic analysis done in 1991 for Faison that looked at different issues. He also said that an independent traffic study had not been done. Mr. Bengtson stated that the 1994 study done by Wilbur Smith and Associates had been done at the request of the City, not Faison. Mr. Butler asked what the impact on the future extension of Valley View Boulevard would be if the petitioner were denied and the proposed building had to be re,~onhgured. Mr. Marlles said that he could not answer that question because he had not seen the traffic analysis. Mr. Butler asked what control the City would have in attempting to improve the extension of Valley View Boulevard if the property were developed for Wal-Mart. Mr. Marlles said that the project would have to go through comprehensive development plan review and would come back to the Commission for that review. Mr. Butler said that if the petition was denied, the superstore could be reconfigured and built on the properly zoned 25 acres. He asked what authority the staff would have to reject a site plan, if the site plan conformed to ail Cede requirements, but staff knew there would be an enormous traffic impact. Mr. Marlles said that it was a legal question. Mr. Dibling said he would have to research that question and was not prepared to answer it. Mr. Bradshaw asked if the traffic date was pre- or post-Lowe's opening. Roanoke City Planning Commission Minutes Page 9 March 2, 1994 Mr. Bengtson said he did not recall when Lowe's opened and was not sure that had a real significant bearing on the study. Mr. Price asked the radius of the study as far as dispersement of vehicles was concerned. Mr. Bengtson said that the analysis was confined to the commercial area of Valley View Mall Mr. Price asked if the City's analysis looked at the traffic once it hit Hershberger Road. Mr. Bengtson said that the Wilbur Smith study took into account the Hershberger Road area. Mr. Buford asked if the Wilbur Smith study stated that an interchange was desirable if there was any significant development south of Valley View Mall. Mr. Bengtson said that was correct. Mr. Price asked why the 1991 study had been undertaken. Mr. Phil Sparks, Acting Chief of City Economic Development, appeared before the Commission and stated that the City was looldng at the possibility of opening up land on the east and west sides of 1-581 and had requested a traffic analysis of the area. Mr. Price asked if the Williamson/Plantation Road area had been lo0ke~ at. Mr. Sparks responded that it had not. Mr. Bob Landino (Barakos-Landino Design Group) appeared before the Commission and stated he had prepared the traffic analysis for Wal-Mart. He gave each Commissioner a copy of the analysis. Mr. Landino said that it was fair to say that the issue of whether or not traffic is relevant in the rezoning of 1 1/2 acres was something that Wal-Mart did not want to consider at the early stages of their project. He said that Wal-Mart wanted to know how safe access could be provided to the ring road and then to their site. He said that the study included traffic generated from the site to the Hershberger Road interchange, and did not include any analysis of the interchange itself because of the Wilbur Smith study. He said that the report includes existing conditions and future no-build conditions and future build conditions during a typical Friday afternoon peak hour and Saturday afternoon peak hour. He noted that the study had determined there was a high accident rate at the intersection of Valley View Boulevard and Valley View Boulevard West, due to the short distance allowed for traffic to merge. He said that factoring had occurred taking into consideration development of a Wal-Mart store. He said that three separate conditions had been analyzed: (1) existing peak hour conditions; (2) future no-build conditions; and (3) future build conditions. He said that 6-7 comments on the study had been made by the City Traffic Engineer and received last week. He said that he had responded to most of the comments, with the exception of one traffic volumes. He said that Mr. Roanoke City Planning Commission Minutes Page 10 March 2, 1994 Bengtson had been concerned that the traffic volumes were low and needed to be increased to reflect a 30th highest hour traffic volume. Mr. Landino said that he agreed with that assessment and had increased the volumes by 26% based on data provided by the City. He said that the revised study he had given the Commission was a reflection of the increased volumes. Mr. Landino went over the levels of service and noted that Wal-Mart has agreed to make improvements to Valley View Boulevard at Valley View Boulevard West because of the high accident frequency because of traffic merging north of the intersection and not because of the operational deficiencies. Mr. Landino further discussed possible traffic improvements in the Valley View Mail area, noting that signalization of Valley View Boulevard North and West and the ring road was a possibility. He said that Wal-Mart had agreed to signalize the intersection. He said that Valley View Boulevard North, at the ring road, would warrant a signal and Faison had agreed to pay for that signal if necessary. He also noted that a signal was a possibility at Valley View Boulevard West, however, Wal-Mart did not impact that intersection. He stated, however, that Wal-Mart might agree to pay a pro-rata share. He said that he believed Wal-Mart would be helping traffic by contributing to the road system even if the interchange were not built. Mr. Buford asked if the study took into consideration the driving habits of Roanokers. Mr. Landino said that he was familiar with local driving habits. Mr. Bradshaw said that the study only involved the interior routing Of traffic within the Valley View Mall area. Mr. Landino stated that was correct. Mr. Bradshaw said that the crucial point was Hershberger Road. Mr. Landino said that he had met with staff from the outset of the project and asked if the Hershberger interchange should be studied and were told no because the City's study addressed that area. He said that as a single developer, he had looked to the road system to get to regional access. Ms. Coles asked if holiday traffic was a consideration. Mr. Landino said that the 30th highest traffic hour is used in traffic analysis. Mr. Marlles noted that staff had received requests from a number of citizens wishing to speak. Mr. Price said that each person requesting to speak would be given five minutes to make comments. He asked that those persons not repeat what had been previously been stated. Roanoke City Planning Commission Minutes Page 11 March 2, 1994 Ms. Anne W. Foster (2322 Oakland Boulevard, N.W., 24012) appeared before the Commission and stated that she lived in the Valley View Mall area and the City was trying to destroy the residents with this rezoning. Ms. Foster commented on the noise from the incoming and outgoing airplanes, the City trucks, the noise from 1-581, as well as some City services. She said that there were churches and schools in the neighborhood and she was concerned about the the children. Ms. Foster also noted that she was only 10 minutes away from the Wal-Mart in south Roanoke and another one was not needed in her area. She commented on the other established businesses in the area and the impact that a Wal-Mart would have on them. She said that she did not want a rezoning and wanted her area to remain a community. She said that better paying industry was needed and that politics and money were the main interests behind this rezoning. Mrs. Sarah Crawford (3534 Courtland Road, N.W., 24012) appeared before the Commission and stated that she liked the Wal-Mart store, but did not feel one was needed in her neighborhood. She said that she was very concerned about the traffic, the school children and the potential for a disaster at Valley View Mall (i.e., fire). Reverend Randy Garner (Valley View Wesleyan Church, 2302 Oakland Boulevard, 24012) appeared before the Commission and stated that his biggest concern was the traffic at Valley View Mall. He said that he appreciated the City trying to address the new ramp because he realized trying to get off and on 1-581 was a real issue. Mr. John Showalter (3914 Greenland Avenue, NW, 24012) appeared l~efore the Commission asked whether or not Avalon or Broad Street would be opened up to through traffic. He also asked if anything would be done to Huff Lane Park. Mrs. Dorsey pointed to the map and noted that no access to any of the commercial property would be from the adjoining residential subdivision. She said that good planning tried not to mix commercial and industrial traffic with residential traffic. Mr. Showalter said that it seemed that everyone had kept their promise about there not being any access through the residential area. He asked if the Watts property was being considered in any of this and if there would be a chain-link fence installed. Mrs. Dorsey responded that right now the Watts property was zoned RS-3. Mr. Showalter commented that the property was under the flight path. Mrs. Dorsey said that staff did not recommend residential development in the area. Mrs. Coles asked when the FAA form would be filed, and if an adverse impact were found, would the matter come back to the Commission. Roanoke City Planning Commission Minutes Page 12 March 2, 1994 Mrs. Dorsey said that it was important for staff to get the information from the FAA before the comprehensive development review. Mr. Bill Gibbs (3710 Greenland Avenue, NW, 24012) appeared before the Commission and stated that he had lived in the area since 1976. He said that the development of Valley View Mall had not been a great problem to him and that his greater concern was the traffic. He said that he was glad that no roads had been opened from the residential area. He said that he liked to see the City doing well, but his concern was that no streets lead from the shopping area from the neighborhood and no business be located behind Greenland Avenue. He asked about the temporary road and asked if that would come off of Greenland or Huff Lane. Mr. Douthat pointed out the area of the temporary road and noted that it would not come off of any residential street. Mrs. Duerk asked citizens if they were opposed to sidewalks from the residential area. There was comment from Messrs. Showalter and Gibbs, and it was Mr. Gibbs' feeling that a walkway was not desirable because people would park on residential streets to use it. Mrs. Duerk said that she had two other concerns-lighting and increased water runoff. Mrs. Dorsey said that those concerns would be addressed during c0mp.rehensive development plan review. Mr. Bradshaw said that there seemed to be potential confusion about the zoning and use of the Watts property and noted that it was fair to say that it was currently zoned RS-3, but in all likelihood it would become commercial sometime in the future. He said that part of that land could possibly contain the interchange if it were ever built. Mr. Clark noted that the Watts property was not the subject to today's rezoning and would possibly be the subject of future rezonings requested by other landowners. He said that he could not say when that would be. Mr. Douthat said that regarding the walkway or berm, his client would probably put in a fence and that would be discussed during site plan review. He again stated that the purpose of the rezoning was twofold: (1) better location for loading dock and exterior of rear of building; and (2) more landscaping on small strip. Mr. Price questioned the term "screening" as set forth in proffer 3. Mr. Marlles said that staff would look at the existing topography, fencing and landscaping as part of the screening. He said that staff had not received a detailed landscape plan, and therefore, had not reviewed it. Roanoke City Planning Commission Minutes Page 13 March 2, 1994 Mr. Price asked what would prevent the berm from being removed if the property were sold to someone else. Mr. Dibling said that proffers ran with the land. Mr. Knibb said that he would agree to amend his proffer pertaining to the screening to specify the berm in the area of the rezoning as shown subject to the site plan review. Mr. Butler said that in looking at the big picture, construction of an interchange would be the best scenario. He asked if the property had to be developed and the current usage and demand shown, in order to justify the interchange. Mr. Bengtson said that he did riot know how the Feder/d Highway Administration would look at the situation. Mr. Jones said that he lived in the area and was very much interested in what happened to the property. He asked if the road system would be sufficient to handle the traffic generated by Wal-Mart if the interchange were not constructed. Mr. Bengtson said that the loop ramp from northbound Valley View Boulevard was already at capacity. He said that any major development that added traffic would likely force the ramp to operate above capacity. Mr. Bradshaw said that he thought it was time to get another access into Valley View Mail. He said he thought this was an ideal project, the proposed plan was great, but Hershberger Road was on the verge of being "strangled" by traffic. Mr. Marlles said that it was obvious that the petitioner, the City and Faison wanted to see the connector road built, but noted that it was not going to happen in the near future. He said that it was, therefore, incumbent upon the staff and the Commission to look at the existing traffic impact of this proposed development very carefully. He said that Planning staff and the Commission needed an opportunity to look at the traffic situation. Mr. Price said that the Commission's options were, unless the petitioner was willing to table the matter, to either vote the matter up or down. Mr. John Kibb said that the Planning staff had had the traffic study for some time. He said he did not think it was fair to say that the Planning staff had not seen it. He said that because the City wanted them to take into consideration the future 1-581 interchange, he has had to go back to the other landowners many times. He begged the Commission not to table the rezoning request. Roanoke City Planning Commission Minutes Page 14 March 2, 1994 Mr. Price said that the Commission had a choice of either denying the request or continuing the request. He said that the Commission was trying to resolve some of the problems that staff has not been able to fully address. He said that the Commission was trying to find a solution to potential problems in the community. Mr. Knibb said that the petition in no way provided a problem because they had the right to develop the 25 acres. He said that the question was whether the applicant has been responsive to the concerns and he said that he had been responsive. Mr. Douthat said that when Wal-Mart came to Roanoke in June, 1993, they had spent from that time until the present getting things lined up with the City, Watts and Faison. lie said that Wal- Mart's option would be up very quickly. He said that the rezoning allowed Wal-Mart to be placed in the City with the truck area screened and the preservation of the land for the future connector road. He said that if the matter were tabled, the Wal-Mart would have to make a decision on whether they wanted to go ahead with the construction. He said that if he was going to be told that they could not build on the land because of the traffic, then he needed to know that so he could get back with his clients. He said that a delay would jeopardize the project. Mr. Bradshaw asked where the agreement was. Mr. Douthat said that he had a draft written agreement. Mr. Price said that the matter was important to the Commission. H~ sai~l that the Commission had only gotten to see this request one time. He said that the Commission wanted to encourage development but they also needed time to evaluate the impact of the development. Mr. Douthat said that his client had been meeting repeatedly with the City since June, 1993. He said he could go in tomorrow and get a building permit on the 25 acre tract. Mr. Bradshaw reminded the petitioner that the Commission would have to review the comprehensive development plan. Mr. Douthat stated he was aware of that. Mr. Jones asked Mr. Knibb if he would be able to present the Commission with other information if the request was tabled for 30 days. Mr. Knibb said that the Commission had a letter that was their commitment of what they would do. He said that he had met months ago with the City Manager and City Attorney on a public/private agreement. He said the agreement was now being reviewed by Faison and Watts. Mr. Price said that the petitioner had stated they could do the project the way they see fit because they own the land. He said that the Commission was not the problem in trying to get Roanoke City Planning Commission Minutes Page 15 March 2, 1994 the agreement. He said that if the Commission approved the request, they wanted something that was better than what was there at the current time and for the Commission to make such a decision, they needed certain information. He said the Commission had been looldng at the request for 5-6 days and the petitioner was now asldng them to approve something that would affect a neighborhood in the City. He said that the Commission could not turn around and make a decision without ail the facts. Mrs. Duerk said that she thought Wal-Mart had a lot to gain by the rezoning because they would be getting a road that would go right into their property. She said that the road would encourage Roanoke to put pressure on the state to get the interchange. She commented on the water problems in the area and further stated that the Commission did not have all the information they needed to make a decision. Mr. Knibb said that the Commission was putting the applicant in a position to commit themselves to things that they should not have to commit to. He said that he could not make people agree to a public/private partnership. He said that he thought the agreement would happen and the rezoning would facilitate that. He asked the Commission to consider whether the applicant had been responsive to the City. Mr. Bradshaw said he felt the Commission needed further information as far as traffic was concerned. Mr. Butler again questioned whether or not the multi-party agreement would be considered contract zoning and whether that was illegal. Mr. Knibb said that traffic was a moot point as it related to the rezoning. He said that he could build on the 25 acre and the traffic issue would remain. He said that if a multi-party agreement is not reached, he would not be acquiring the Watts property and there would be no rezoning of the other portions of land. He said that the rezoning was a critical step in the timing of the project. Mr. Price said he did not like the location of the building as it related to 1-581. Mr. Knibb said that he had moved the building forward because of comments from staff. Mr. Marlles explained to the Commission that the petitioner's request could be heard again by the Commission in April and the petitioner could still he heard by City Council at their April meeting. Mr. Price asked if that would give staff adequate time for review. Mr. Marlles said that he thought it would give the Planning staff an opportunity to review the traffic study. Roanoke City Planning Commission Minutes Page 16 March 2, 1994 Mr. Buford said that additional time would also give the four parties time to work out the agreement. Mr. Knibb said that he had been doing that for some time and a continuation might just stop the whole process. He said that he did not know what the Commission would gain by tabling the matter. Mr. Buford said that his concern was the traffic impact. He said that he could not see any development going in there without some understanding of where the traffic would go. Mr. Bob Landino appeared before the Commission and stated that the Wilbur Smith report studied the justification for a 1-581 interchange assuming speculative development of all the undeveloped land. He said that whether an interchange could be justified remained to be seen. He noted that in terms of rezoning the 1.5 acres, the traffic issue, with or without the rezoning, absolutely negligible. He said that the development of the site without the rezoning would produce the same traffic, as well as other issues. He said that he believed the appropriate forum was site plan review. Mr. Butler asked if the petitioner would be at a disadvantage if the matter was tabled for 30 days. Mr. Knibb said that they would because that would stop the subdivision and comprehensive development plan review. Mr. Talevi suggested that a motion be made. Mr. Butler moved the petition be approved as amended. The motion was seconded by Mrs. Coles. A roll call vote was taken and the request was disapproved as follows: Mr. Bradshaw - no Mr. Butler- yes Mr. Buford- no Mrs. Coles- yes Mrs Duerk - no Mr. Jones - no Mr. Price- no Roanoke City Planning Commission Minutes Page 17 March 2, 1994 3. Report on ISTEA applications. Mr. Bradshaw advised that he would be abstaining from discussion and vote on the matter due to his position on the Transportation Board. He asked to be excused from the meeting. Mr. Marlles briefly talked about last year's ISTEA process and noted that the City had received two requests for ISTEA funding this year. The requests were received from the Virginia Museum of Transportation and Valley Metro. He noted that representatives from both organizations were present to answer questions. Mr. Mar[les asked that the Commission take action on the requests in order to keep on the cycle of the next Council meeting and to assure submission to VDOT in a timely manner. Mr. Price asked Mr. Bengtson if he had any comments. Mr. Bengtson said that he had not comments at this time other than requesting the Commission's endorsement so that the requests could be forwarded on. Both representatives from Valley Metro and the Virginia Museum of Transportation had no comments, but said they would be glad to answer any questions. There being no further discussion, Mrs. Duerk moved to approve the request. The motion was seconded by Mr. Buford and approved 6-0 (Mr. Bradshaw abstaining).. 4. Other Discussion Mr. Price advised staff to poll the Commission on a suitable time for the Commission's organizational meeting. There being no further business, the meeting was adjourned at 4:35 p.m. WOODS, ROGERS HAZT FGROVE 703/983-7662 Danville Office . February 14, 1994 Phillip F. Sparks, Economic Development Department City of Roanoke Room 355 Municipal Building 215 Church Avenue Roanoke, VA 24011 Re: Wal-Mart Stores, Inc. Dear Phil: Confirming your meeting February 10, 1993, with John M. Knibb, Wal-Mart Stores, Inc. is prepared to go forward immediately to construct a Wal-Mart Store on the 25 acre Huff tract, Official Tax No. 2370102 adjacent to Valley View Mall. Pursuant to Wil Dibling's letter of September 15, ~993, this site can be developed by right and will accommodate a 126,000 square foot Wal-Mart Store employing approximately 250 people. Wal-Mart prefers, however, to construct a Wal-Mart Supercenter with 199,026 square feet employing approximately 450 people and a total project cost of approximately $11.3 million. Although it is impossible to predict sales revenue, Wal-Mart does an average of $300 in sales per square foot which would translate into annual retail sales of approximately $60 Million and annual sales tax to the Commonwealth and the City of $2.7 million. Given retail sales in the City of Roanoke and the inclusion of a grocery store, this Wal-Mart Supercenter is anticipated to do better than average. Wal-Mart has carefully considered the highest and best use of its site, the needs of adjacent property owners and the community at large and intends to commit in this letter to actions that it believes will provide for the best use of property in the area of Valley View Mall and solve traffic concerns for the entire 1-581/Hershberger/Airport corridor. The traffic analysis submitted under separate cover indicates that existing traffic problems and traffic generated by Wal-Mart can M#200122 WOODS~ ~ ~ I-~ATl Ff2ROVE Phillip F. Sparks February 14, 1994 Page 2 be accommodated by the signalization of one intersection. Wal- Mart proposes a much more comprehensive solution. On February 9, 1994, Wal-Mart filed the attached conditional rezoning petition for 1.46 acres of the adjacent Watts property to allow the construction of the Supercenter as generally shown on the attached preliminary February 10, 1994, Site Development Plan for Wal-Mart Stores, Inc., Roanoke, Virginia by CEI Engineering Associates, Inc. In addition to the conditions proffered in the rezoning, Wal-Mart is prepared to enter into agreements with the City and adjacent property owners (Valley View Associates, Ltd., Hersch Associates, Sears Robuck & Co. and Watts, et al.) for the dedication and construction of an extension of Valley View Boulevard from Tire America to a compressed urban diamond interchange near the common property line of Watts and Round Hill School as generally shown on the attached February 10, 1994, Faison Associates Preliminary Site Plan. To this end Wal-Mart will reserve an area along the northeastern boundary of its property for a 35 to 50 foot buffer/berm adjacent to Huff Lane Park and for a right-of-way approximately 90 feet in width which would accommodate a four or five lane Valley View Boulevard Extended. Wal-Mart will also provide a replacement site for Tire America inasmuch as the proposed Valley View Boulevard Extended, as evolved through meetings and engineering initiatives among Watts, Valley View Associates, Hersch Associates and the City of Roanoke, requires its relocation. Wal-Mart will also construct, to public road standards, that portion of Valley View Boulevard Extended traversing its property at whatever time viable public road connections are available both north and south and will upgrade the existing Valley View Mall ring road by the addition of a fourth lane through property currently owned by Sears Robuck & Co. Wal-Mart will also provide additional right-of-way for this ring road widening on its site. The location and dedication of the buffer/berm, right-of-way and Tire America site are not proffered in the rezoning as it is assumed the exact location and construction of Valley View Boulevard Extended must be determined by private agreement and not as part of the rezoning. It is imperative for the construction of the Supercenter and the dedication and construction of Valley View Boulevard Extended that Wal-Mart be assured it may legally subdivide its property in order to add the tracts which are the subject of the pending rezoning, to provide the replacement site for Tire America and to dedicate the Valley View Boulevard Extended right-of-way through M#200122 WOODS, I~ERS ~ I-~711~GROVE Phillip F. Sparks February 14, 1994 Page 3 the Wal-Mart site. In order to allow and induce Wal-Mart to construct the Supercenter, to dedicate and construct the proposed road improvements and to provide the replacement parcel for Tire America, it is necessary for the City to actively pursue comprehensive agreements with Wal-Mart and the adjacent property owners, to assist and guide Wal-Mart in the pending rezoning and to facilitate the subdivision of the Wal-Mart site. To this end Wal-Mart suggests that an amount equal to 1% of the 4 1/2% sales tax on retail sales generated by the Supercenter, $600,000 per year, be set aside for the future construction of the proposed interchange. Such initiatives by the City are appropriate and necessary as the construction of Valley View Boulevard Extended from its present terminus to an interchange on 1-581 will, in fact, provide for the general'health, safety, welfare and convenience of the public by resolving current and future public access and safety considerations in the overall vicinity of the Airport, Towne Square Shopping Center, Hershberger Road and Valley View Mall. JFD:srg cc: Very truly yours, 'JAMES F. DOUTHAT John M. Knibb, President Land Dev., Inc. 870 Greenbrier Circle Chesapeake, VA 23320 M#200122 R~?~rgKE TI-~ES & NORLD-NEW$ ~ NUMBER 325t9897 PUBLISHER'S FEE - $104.00 JAMES F DUOTHAT 10 S JEFFERSON ST SUITE PO BOX 14125 ROANOKE VA 24038 STATE OF VIRGINIA CiTY I]F ROANOKe AFFIDAVIT OF PUOLICATION I, (THE UNDERSIGNED) AN AUTHORIZED R~PRESENTATIYE OF THE TIMES-WORLD COR- PORATION, NHICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES g mORLO-NEWS, A DAILY NEWSPAPER PU3LISHED IN ROANOKE, IN THE STATS OF VIRGIqlA, DO CERTIFY THAT THE ANNEXED NOTIC6 WAS PUJLISHED IN SAID NEWSPAPERS ON TH~ FOLLOWING D&TES 03/25/94 MORNING 04/01/94 MORNI'~G WITNESS? .THZ.2~ 5TH.DAY OF &PRIL 1994 AUTHORIZSD 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, April 11, 1994, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from LM, Light Manufacturing District, and RS-3, Residential Single Family District, to C-2, General Commercial District, the following property: A .6636-acre and a .8091-acre portion of a tract of land containing 62.5379 acres adjacent to Interstate 581 and the terminus of Broad Street bearing Official Tax No. 2250101, such rezoning to be subject to certain proffered conditions. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 23rd day of March , 1994. Mary F. Parker, City Clerk. PubLish twice in the Roanoke Times and World-News, once on Friday, March 25, 1994, and once on Friday, April 1, 1994. Send publisher's affidavit to: Send bill to: Mary F. Parker, City Clerk Room 456, Municipal Buliding 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 James F. Douthat, Attorney Woods, Rogers and Hazlegrove P. O. Box 14125 Roanoke, Virginia 24038-4125 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 4~6 Roanoke, Vir~nia 24011 Telephone: (703) 981-2~41 SANDRA H. EAKIN Deputy City Clerk March 24, 1994 File #51 James F. Douthat, Attorney Woods, Rogers and Hazlegrove P. O. Box 14125 Roanoke, Virginia 24038-4125 Gentlemen: T. L. Plunkett, Jr., Attorney Plunkett and Logan 305 First Street, S. W., Suite 300 Roanoke, Virginia 24011 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, April 11, 1994, 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 a request of Wal-Mart Stores, Inc., and William Hunt Staples, et al, that a .6636-acre and a .8091-acre portion of a tract of land containing 62.5379 acres, adjacent to Interstate 581 and the terminus of Broad Street, N. W., identified as Officiai Tax No. 2250101, be rezoned from LM, Light Manufacturing District, and RS-3, Residential Single Family District, to C-2, General Commercial 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 request for 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 Apr Enc. James F. Douthat T. L. Plunkett, Jr. March 24, 1994 Page 2 pc: Trustees of Valleyview Wesleyan Church, 2302 Oakland Boulevard, N. W., Roanoke, Virginia 24012 Mr. John J. Showalter or Ms. Cleo S. Nolley, 3914 Greenland Avenue, N. W., Roanoke, Virginia 24012 Mr. and Mrs. Wayne C. Bowman, 3908 Greenland Avenue, N. W., Roanoke, Virginia 24012 Ms. Norma J. Ridenhour or Ms. Augusta J. Dillon, 3902 Greenland Avenue, N. W., Roanoke, Virginia 24012 Ms. Belva Perrine or Mr. Harlin Perrine, 3836 Greenland Avenue, N. W., Roanoke, Virginia 24012 Mr. and Mrs. Billy D. Creger, 3822 Greeniand Avenue, N. W., Roanoke, Virginia 24012 Ms. Sofia R. Dominguez, 3810 Greenland Avenue, N. W., Roanoke, Virginia 24012 Mr. and Mrs. Fred H. Atalla, 3802 Greenland Avenue, N. W., Roanoke, Virginia 24012 Mr. and Mrs. John B. Noftsinger, 3730 Greenland Avenue, N. W., Roanoke, Virginia 24012 Mr. and Mrs. Randolph M. Mann, 3724 Greenland Avenue, N. W., Roanoke, Virginia 24012 Mr. and Mrs. William H. Gibbs, 3710 Greenland Avenue, N. W., Roanoke, Virginia 24012 Ms. Norma Findley Ramsey Cabaniss, 261 Locust Street, Tax Department, Hartford, Connecticut 06114 Ms. Anne Foster, 2322 Oakland Boulevard, N. W., Roanoke, Virginia 24012 Ms. Sarah Crawford, 3534 Courtland Road, N. W., Roanoke, Virginia 24012 MARY F. City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 24, 1994 File #51 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing to be held on Monday, April 11, 1994, at 7:30 p.m., or as soon thereafter as the matter may be heard, on a request of Wal-Mart Stores, Inc., and William Hunt Staples, et al, that a . 6636-acre and a .8091-acre portion of a tract of land containing 62.5379 acres, adjacent to Interstate 581 and the terminus of Broad Street, N. W., identified as Official Tax No. 2250101, be rezoned from LM, Light Manufacturing District, and RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. For your information, I am enclosing copy of the City Planning Commission report with regard to the abovedescribed public hearing. If you desire additionai information prior to the public hearing, please do not hesitate to call me. Sincerely, Mary F. Parker, City Clerk MFP: sm Apr Enc. The Honorable Mayor and Members of the Roanoke City Council March 24, 1994 Page 2 pc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Willard N. C]aytor, 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, w/notice of public hearing and ordinance John R. Marlles, Agent, City Planning Commission, w/notice of public hearing and ordinance Evelyn D. Dorsey, Acting Zoning Administrator, w/notice of public hearing and ordinance MARY F. PABKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2~011 Telephone: (703) 98 I-2~41 SANDRA H. EAKIN Deputy City Clerk February 10, 1994 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 James F. Douthat, Attorney, representing Wal-Mart Stopes, Ine., and Williams Hunt Staples, et al, requesting that a. 6636 acre and a. 8091 acre portion of a tract of land containing 62.5379 acres, adjacent to Interstate 581 and the terminus of Broad Street, identified as Official Tax No. 2250101, be rezoned from LM, Light Manufacturing District, and RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: s m r/wal-mart Enc. pc: The Honorable Mayor and Members of the Roanoke City Council James F. Douthat, Attorney, Woods, Rogers and Hazlegrove, P. O. Box 14125, Roanoke, Virginia 24038-4125 John R. Mariles, Agent, City Planning Commission Evelyn D. Dopeey, Acting Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney Address ADJACENT PROPERTY OWNERS Trs. Valleyview Wesleyan Church 2302 Oakland Blvd. NW Roanoke, VA 24012 John J. Showalter or Cleo S. Nolley 3914 Greenland Ave. NW Roanoke, VA 24012 Wayne C. & Mary E. Bowman 3908 Greenland Ave. NW Roanoke, VA 24012 Norma Jean Ridenhour or Augusta Jeanette Dillon 3902 Greenland Ave. Roanoke, VA 24012 Belva Perrine or Harltn Perrine 3836 Greenland Ave. NW Roanoke, VA 24012 John C. & Vtrgie C. Perrine 3836 Greenland Ave. NW Roanoke, VA 24012 Billy Dean & Alice Marie Creger 3822 Greenland Ave. NW Roanoke, VA 24012 Billy Dean & Alice Marie Creger 3822 Greenland Ave. NW Roanoke, VA 24012 Billy Dean & Alice Marie Creger 3822 Greenland Ave. NW Roanoke, VA 24012 Sofia R. Dominguez 3810 Greenland Ave. Roanoke, VA 24012 Fred H. & Isabelle J. Atalla 3802 Greenland Ave. NW Roanoke, VA 24012 Tax Map Number 2250104 2250501 2250502 2250503 2250504 2250505 2250506 2250507 2250508 2250509 2250510 M%199795 Address John B. & Mary K. Noftsinger 3730 Greenland Ave. NW Roanoke, VA 24012 Randolph M. & Jane S. Mann 3724 Greenland Ave. NW Roanoke, VA 24012 William H. & Alyce A. Gibbs 3710 Greenland Ave. NW Roanoke, VA 24012 William H. & Alyce A. Gibbs 3710 Greenland Ave. NW Roanoke, VA 24012 Norma Findley Ramsey Cabaniss 261 Locust St. - Tax Dept. Hartford, CT 06114 Tax Map Number 2250601 2250602 2250603 2250604 2250605 M#199795 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Request from Wal-Mart Stores, Inc. and Williams Hunt Staples, et al, represented by James F. Douthat, attorney, and T. L. PlunkeR, Jr., Attorney, that a portion of properties in the northwest quadrant of the City in the Valley View Mall area, more specifically described as a northwestern ~8091+ acre portion ~ffi- of Official Tax No. 2250101, currently zoned LM, Light Manufacturing District be O/davit rezoned to C-2, General Commercial District, and a northern .6636+ acre portion of property bearing Official Tax No. 2250101, currently zoned LM,-Light Manufacturing District and RS-3, Residential Single Family District be rezoned to C-2, General Commercial 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 mall on the 18th day of February, 1994, notices of a public hearing to be held on the 2nd day of March, 1994, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner. A~ent or Occupant Address 2250104 Trustees, Valleyview Wesleyan Chumh 2302 Oakland Blvd. Roanoke, VA 24012 2250501 John J. Showalter Cleo S. Nolley 3914 Greenland Avenue Roanoke, VA 24012 2250502 Wayne C. and Mary E. Bowman 3908 Greenland Avenue Roanoke, VA 24012 2250503 Norma Jean Ridenhour Augusta Jeanette Dillon 3902 Greenland Avenue Roanoke, VA 24012 2250504 Belva Perrine Harlin Perrine 3836 Greenland Avenue Roanoke, VA 24012 2250505 John C. and Virgie C. Perrine 3836 Greenland Avenue Roanoke, VA 24012 2250506 2250507 2250508 Billy Dean and Alice Marie Creger 3822 Greenland Avenue Roanoke, VA 24012 2250509 Sofia R. Dominguez 3810 Greenland Avenue Roanoke, VA 24012 2250510 Fred H. and Isabelle J. Attalla 3802 Greenland Avenue Roanoke, VA 24012 2250601 John B. and Mary K. Nofsinger 3730 Greenland Avenue Roanoke, VA 24012 2250602 2250603 2250604 2250605 2250102 2370101 2250103 2250105 2360101 2370102 2370103 2370104 2370107 2370108 2370110 2370111 Randolph M. and Jane S. Mann William H. and Alyce A. Gibbs Norma Findley Ramsey Cabaniss Roanoke City School Board 3724 Greenland Avenue Roanoke, VA 24012 3710 Greenland Avenue Roanoke, VA 24012 3702 Greenland Avenue Roanoke, VA 24012 c/o Richard Kelley Jean B. Showalter, et al c/o William Watts 1272 Rockland Avenue Roanoke, VA 24012 Roanoke Area Association for Retarded Citizens P.O. Box 6157 c/o ARC - Bob Huddleston Roanoke, VA 24017 First National Exchange Bank Trustees for Peter Huff P. O. Box 14061 Roanoke, VA 24038 Sears Roebuck and Company Roanoke Leggett Realty Valley View Associates, Ltd. P. O. Box 13327 Roanoke, VA 24040 3333 Beverly Road Hoffman Estates, IL 1016 Church Street Lynchburg, VA 24505 121 W. Trade Street 1900 Interstate Tower Charlotte, NC 28202 Noro-Valley View Associates Limil~l 121 W. Trade Street Partnership 1900 Interstate Tower Charlotte, NC 28202 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 18th day of February, 1994. Notary Public My Commission Expires: //- 30- REVISED AD 2-15-94 NOTICE OF PUBLIC HEARINO BEFORE THE ROANOKB C1TY PLANNINO COMMISSION · 0 ~0~ ]~ ~Y CONCg~N: The Ro~oke City Planing Commission will hold a public h~ng on W~nesday, M~ch 2, 1994, at 1:30 p.m., or as s~n ther~fter m ~e matter may be h~d, in the City Council Chamber, rough fl~r, Municip~ Building, 215 Church Avenue, S.W., in order to consider the following: R~uest from W~-M~ Stores, Inc. ~d Williams Hunt Staples, et ~, repre~nt~ by J~es F. Douthat, a~omey, ~d T. L. Plunkett, Jr., At~mey, that a ~on of pro~ies in ~e no~hwest quadr~t of the City in the V~ley View M~I ~, more sp~ific~ly descfib~ as a no~hwestem .8091 ~ acre ~on of Offici~ T~ No. 2250101, cu~enfly zon~ LM, Light M~ufactufing Disffict be rezon~ to C-2, Gener~ Commemial District, ~d a no,hem .6636~ acre ~ion of prope~y b~ng Offici~ Tax No. 2250101, cu~ently zon~ LM, Light M~ufactufing District ~d RS- 3, Residenti~ Single Family District be rezon~ to C-2, Gener~ Commerci~ District, such rezoning to be subj~t to cern conditions proffer~ by the petitioner. A copy of s~d application is available for review in the Office of Community Planing, R~m 162, Municip~ Building. All p~es in interest ~d citizens may ap~ on the above date ~d be h~d on the matter. M~ha P. Fr~in, S~re~ Ro~oke City Pl~ning Commission ................................................................................................................... Please run in newspaper on Thursday, February 17, Please bill: James F. Douthat, Attorney Woods, Rogers & Hazlegrove P. O. Box 14125 Roanoke, VA 24038 Please send affidavit of publication to: 1994, and Tuesday, February22, 1994. Office of Community Planning Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 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 May 2, 1994 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 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: {?03) 981-2541 SANDRA H. EAKIN Deputy City Clerk May 6, 1994 File #77-137 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of a communication from Mayor David A. Bowers requesting input from the City Manager as to the necessary steps to be followed to ensure that an interstate connector will be built to link Interstate 581 to Interstate 73, southwest of the City, which communication was before the Council of the City of Roanoke at a regular meeting held on Monday, May 2, 1994. On motion, duly seconded and unanimously adopted, the matter was referred to you for appropriate response within 90 days. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. 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 April 28, 1994 The Honorable Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: First, I want to take this opportunity to personally commend all of Roanoke City Council and the administration of our City for taking the early lead last fall in advocating the routing of the proposed Interstate 73 at, near, or through the Roanoke Valley. I was very pleased, as I am sure you all were, that the Virginia Department of Transportation (VDOT) and the majority of our Virginia Congressional delegation have now joined with Governor Allen in proposing that the route come through Montgomery County, along the proposed Smart Road, and then southward through Franklin County to the Martinsville area to connect with the route in North Carolina. This is a very good route and it will mean that Roanoke will be, at least, very near to a north/south interstate running from Detroit to Myrtle Beach. This is what the citizens of our City want. I would like to point out to you that the route will be several miles outside of the City of Roanoke. Accordingly, I believe it is appropriate to begin the process to make sure that an interstate connector be built from Interstate 581 to Interstate 73 southwest of the City. In the spirit of "valley cooperation" and "regionalism," I wanted us, at Roanoke City Council, to ask our administration for their advice as to how to proceed in dealing with our neighboring jurisdictions, VDOT, and others concerned about how we can best proceed to make sure that there is this direct link between the City and the proposed Interstate 73 route southwest of Roanoke. I respectfully request that this letter be placed on the Consent Agenda for the next regular meeting of Roanoke City Council on Monday, May 2, 1994, and thereafter be referred to the administration for appropriate response back to Council within 90 days. Best personal regards to each of you. Sincerely, Mayor DAB :jas MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk May 6, 1994 File #60-467 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31963-050294 amending and reordaining certain sections of the 1993-94 School Fund Appropriations, providing for the close out of 61 school grants that have been completed, resulting in a net reduction of $462,329.00. Ordinance No. 31963-050294 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 2, 1994. Sincerely, City Clerk MFP: sm Enc. pc: Charles W. Day, Chairperson, Roanoke City School Board, 1830 Grayson Avenue, N. W., Roanoke, Virginia 24012 E. Wayne Harris, Superintendent of Roanoke City Public Schools Richard L. Kelley, Executive for Business Affairs, Roanoke City Public Schools June S. Nolley, Clerk of the Roanoke City School Board W. Robert Herbert, City Manager Diane S. Akers, Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, The 2nd day of May, 1994. No. 31963-050294. VIRGINIA Government of the exist. AN ORDINANCE to amend and reordain certain sections of the 1993-94 School Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 School Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Education Chapter I Pre-K Expansion 1992-93 (1) .......... Eisenhower Math/Science Title II 1991-92 (2) ... Chapter II 1991-92 (3) ......................... Chapter II 1992-93 (4) ......................... Eisenhower Math/Science Title II 1992-93 (5) ... Alternative Education Computer Equipment (6) ... Title II-A OK (7) ............................... Title III Word Perfect Class (8) ................... Summer Youth Employment 1993 (9) ................... Summer School Without Walls 1993 (10) ............ Transitional-Vocational Evaluation (11) ....... Child Development Clinic 1992-93 (12) ......... Child Specialty Services 1992-93 (13) ......... Juvenile Detention Home 1992-93 (14) .......... Preschool Incentive Program 1992-93 (15) ...... Special Education Tuition 1992-93 (16) ........ Parent Resource Center 1991-1992 (17) ......... Special Education Tuition 1991-92 (18) ........ Special Education Inservice 1991-92 (19) .......... Transitional Services 1991-92 (20) ................ Preschool Incentive Program (21) .................. Perkins Act 1991-92 (22) .......................... Specialist for Occupational Transition 1992-93(23) Apprenticeship 1992-93 (24) ....................... $95,370,697 38,173 30,131 152,840 143,795 50,248 8,010 2,638 1,076 40,987 60,462 673 50 928 63 682 85 098 60 114 271 431 3 773 168 449 2 517 8 413 70 184 226,793 45,338 104,857 Adult Basic Education 1992-93 (25) ................. GED Testing 1992-93 (26) ........................... Regional Adult Education Specialist 1992-93 (27)... Perkins Act 1992-93 (28) ........................... Regional Adult Literacy and Basic Education 1992-93 (29) .................................... Fishburn Park Environmental Mini-Grant (30) ....... Aviation Magnet School 1992-93 (31) ............... Adolescent Health Summer Partnership (32) ....... Environmental Education Mini-Grant 1991-92 (33) Adopt-A-Book 1991-92 (34) ..................... Student Assistance Program 1991-92 (35) ....... Drug Free Schools 1991-92 (36) ................ Environmental Education Grant 1992-93 (37) .... Student Assistance Program 1992-93 (38) ....... SAT Preparation 1992-93 (39) .................. Let's Talk 1992-93 (40) .......................... Revenue Education Chapter I Pre-K Expansion 1992-93 (41) ........ Eisenhower Math/Science Title II 1991-92 (42). Chapter II 1991-92 (43-44) .................... Chapter II 1992-93 (45) ....................... Eisenhower Math/Science Title II 1992-93 (46). Alternative Education Computer Equipment (47). Title II-A OK (48) ................................ Title III Word Perfect Class (49) ................. Summer Youth Employment 1993 (50) ................. Summer School Without Walls 1993 (51-52) .......... Transitional-Vocational Evaluation (53) ........... Child Development Clinic 1992-93 (54) ............. Child Specialty Services 1992-93 (55) ............. Juvenile Detention Home 1992-93 (56) .............. Preschool Incentive Program 1992-93 (57) .......... Special Education Tuition 1992-93 (58) ............ Parent Resource Center 1991-1992 (59) ............. Special Education Tuition 1991-92 (60) ............. Special Education Inservice 1991-92 (61) ........... Transitional Services 1991-92 (62) ................ Preschool Incentive Program (63) .................. Perkins Act 1991-92 (64) .......................... Specialist for Occupational Transition 1992-93(65) Apprenticeship 1992-93 (66) ....................... Adult Basic Education 1992-93 (67) ....... GED Testing 1992-93 (68) ....... --- i..i.iii.~ii..[. Regional Adult Education Specialist 1992-93 (69) Perkins Act 1992-93 (70) ........................ ~ Regional Adult Literacy and Basic Education 1992-93 (71) ..................................... Fishburn Park Environmental Mini-Grant (72) ........ Aviation Magnet School 1992-93 (73) ................ Adolescent Health Summer Partnership (74) .......... $ 157,307 7,321 30,582 322,300 73,054 4,431 19,957 22,707 2,045 253 64,891 155,018 334 29,031 2,215 1,049 $95,370,697 38 173 30 131 152 840 143 795 50 248 8 010 2 638 1 076 40 987 60,462 673 50,928 63,682 85,098 60,114 271,431 3,773 168,449 2517 8 413 70 184 226 793 45 338 104 857 157 307 7 321 30 582 322 300 73,054 4,431 19,957 22,707 Environmental Education Mini-Grant Adopt-A-Book 1991-92 (76) .................... Student Assistance Program 1991-92 (77) ...... Drug Free Schools 1991-92 (78) ............... Environmental Education Grant 1992-93 (79)... Student Assistance Program 1992-93 (80) ...... SAT Preparation 1992-93 (81) ................. Let's Talk 1992-93 (82) ...................... 1991-92 (75).. .. $ 2,045 253 64,891 155,018 334 29,031 2,215 1,049 1) Printing 2) In Service 3 Director 4 Counselor 5 Equipment 6 Equipment 7 Teachers 8 Teachers 9 Supplements 030-060-6138-6200-0351) 030-060-6230-6311-0129) 030-060-6231-6665-0114) '030-060-6232-6231-0123) '030-060-6233-6311-0821) ~030-060-6435-6100-0821) 030-060-6438-6334-0121) 030-060-6439-6336-0121) 030-060-6440-6549-0129) 10) 11) Teachers 030-060-6441-6449-0121) Instructional Materials (030-060-6501-6222-0614) (030-060-6502-6554-0138) (030-060-6503-6554-0138) (030-060-6504-6554-0138) (030-060-6507-6553-0124) 12) Coordinator 13) Consultant 14) Consultant 15) Supervisor 16) Tuition 17) Professional Services 18) Tuition 19) Inservice 20) Instruc- tional Materials 21) Health Services 22) Equipment 23) Social Security 24) Professional Services 25) Social (030-060-6508-6329-0312) 030-060-6591-6329-0313) 030-060-6596-6329-0312) 030-060-6597-6229-0587) 030-060-6598-6553-0614) (030-060-6599-6553-0311) (030-060-6750-6136-0821) (030-060-6752-6333-0201) (030-060-6753-6138-0313) Security (030-060-6754-6450-0201) 26) Teachers (030-060-6755-6550-0121) 27) Specialist (030-060-6756-6351-0124) 28) Equipment (030-060-6757-6138-0821) 29) Professional Services (030-060-6758-6450-0313 30) Instruc- tional Materials 31) Instruc- tional Materials (030-060-6903-6200-0614) (030-060-6906-6307-0614) $( 1,827) ( 4,077) (13,053) 7,408 4,851) 10 54 539) 1,234) 14,100 2) 3,006) 3,238) 4,501 341) 78,569) 227) (156,551) 3,310) 1,379) 25,470) 58,260) 524) 63,564) 1,288 4,051) 4,581) 8,186 899) 43) 32) Nurses 33) Instruc- tional Materials 34) Library Books 35) Teachers 36) Social Security 37) Instruc- tional Materials 38) Teachers 39) Teachers 40) Field Trips 41) Federal Grant Receipts 42) Federal Grant Receipts 43) Federal Grant Receipts 44) Local Match 45) Local Match 46) Federal Grant Receipts 47) Local Match 48) Local Match 49) Federal Grant Receipts 50) Federal Grant Receipts 51) Local Match 52) Federal Grant Receipts 53) Federal Grant Receipts 54) State Grant Receipts 55) State Grant Receipts 56) State Grant Receipts 57) (030-060-6907-6672-0131) (030-060-6970-6100-0614) (030-060-6976-6204-0613) (030-060-6981-6100-0121) (030-060-6983-6306-0201) (030-060-6989-6200-0614) (030-060-6992-6100-0121) (030-060-6996-6447-0121) (030-060-6999-6000-0583) (030-060-6138-1102) (030-060-6230-1102) (030-060-6231-1102) (030-060-6231-1101) (030-060-6232-1101 '030-060-6233-1102) 030-060-6435-1101) 030-060-6438-1101) 030-060-6430-1102) 030-060-6440-1102) 030-060-6441-1101) (030-060-6441-1102) (030-060-6501-1102) (030-060-6502-1100) (030-060-6503-1100) (030-060-6504-1100) Federal Grant Receipts (030-060-6507-1102) $ 51,830) 1,455) 4,747) 8,985) 91) 416) 526) 285) 49 1,827) ( 4,077) ( 5,870) 7,183) 7,408 ( 4,851) 10 54 ( 539) 1,234) 11,100 3,000 2) 3,006) 3,238) 4,501 341) 58) State Grant Receipts 59) Federal Grant Receipts 60) State Grant Receipts 61) State Grant Receipts 62) Federal Grant Receipts 63) Federal Grant Receipts 64) Federal Grant Receipts 65) State Grant Receipts 66) Fees 67) Federal Grant Receipts 68) Fees 69) Federal Grant Receipts 70) Federal Grant Receipts 71) Federal Grant Receipts 72) Local Match 73) Federal Grant Receipts 74) Fees 75) State Grant Receipts 76) Donations 77) Federal Grant Receipts 78) Federal Grant Receipts 79) Donations 80) Federal Grant Receipts 81) Fees 82) Local Match (030-060-6508-1100) (030-060-6591-1102) (030-060-6596-1100) (030-060-6597-1100) (030-060-6598-1102) (030-060-6599-1102) (030-060-6750-1102) 030-060-6752-1100) 030-060-6753-1103) 030-060-6754-1102) 030-060-6755-1103) 030-060-6756-1102) 030-060-6757-1102) 030-060-6758-1102) 030-060-6903-1101) (030-060-6906-1102) (030-060-6907-1103) (030-060-6970-1100) (030-060-6976-1103) (030-060-6981-1102) (030-060-6983-1102) (030-060-6989-1103) (030-060-6992-1102) (030-060-6996-1103) (030-060-6999-1101) $( 78,569 ( 227) (156,551) 3,310) ( 1,379) ( 25,470 (58,260) ( 524) ( 63,564) 1,288 4,051) 4,581 8,186 ( 899) 6 43) 51,830) 1,455) 4,747) 8,985) 91) 416) 526) 285) 49 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. May 2, 1994 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance School Board Request for Closeout of Grants I have reviewed the attached request to close out 61 grants for the School Board. The request to close out grants is necessary since the grant programs have been completed. I recommend that you concur with this request of the School Board. Director of Finance JDG/pac attachment a:$chooLicf M. Wendy O'Neil, Vice Chairman Marilyn C. Curtis /..-Roanoke City School Board P.O. Box 13145, Roanoke, Virginia 24031 C. Nelson Harris Finn D. Pincus Ouben' G. Poff James M. Turner. Jr. E. Wayne Harris, Supenntendent June S. Nolley, Clerk of the Board · 703-98t-2381 · Fax: 703-981-2951 April 20, 1994 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official School Board action at its April 19, 1994 meeting, the Board respectfully requests City Council to close-out 61 school grants that have been completed, resulting in a net reduction in appropriation of $462,329. The Board appreciates the approval of this request. Sincerely, J6fle S. Nolley, CPS Clerk of the Board re cc: Mr. Charles W. Day Mr. E. Wayne Harris Mr. Richard L. Kelley Mr. William L. Murray Mr. Kenneth F. Mundy Mr. W. Robert Herbert Mr. Wilbum C. Dibling v~Ir. James D. Grisso s. Ha Farriss (with accounting details) Excellence in Education ROANOKE CITY SCBOOL BOARD Roanoke, Virginia REOUEST TO CLOSE GRANTS The sixty one grants listed below have been completed and should be closed. A net reduction in appropriation of $462,329 results mainly from reduced activity in the Special Education Tuition accounts due to a change in the State's method of payment to localities, as well as reduced activity in the Chapter II, Preschool Incentive, Perkins Act, Apprenticeship and Adolescent Health Partnership programs. In order that appropriations, revenues and expenditures for each grant may be equal, the net decrease in appropriation is necessary. GRANT NUMBER DESCRIPTION INCREASE PAGE DECREASE) NUMBER 030-060-6137 030-060-6138 030-060-6139 030-060-6140 030-060-6230 030-060-6231 030-060-6232 030-060-6233 030-060-6435 030-060-6436 030-060-6438 030-060-6439 030-060-6440 030-060-6441 030-060-6500 030-060-6501 030-060-6502 030-060-6503 030-060-6504 030-060-6506 030-060-6507 030-060-6508 030-060-6509 030-060-6591 030-060-6596 030-060-6597 030-060-6598 030-060-6599 030-060-6750 030-060-6752 Chapter I Winter 124-93-1 Pre-K Expansion Program Chapter I Summer 124-93-2 Chapter I Carryover 124-93-3 Eisenhower Math Science 92 Chapter II 91-92 Chapter II 92-93 Eisenhower Math/Science 93 Alternative Education Computer Equip. Vocational Education Teen Mothers 93 Title II-A OK Title II Word Perfect Summer Youth Employment Summer School Without Walls Special Educ. Interpreter Training Transitional-Vocational Evaluation Child Development Clinic 92-93 Child Specialty Services 92-93 Juvenile Detention Home 92-93 Special Education Jail 92-93 Preschool Incentive 92-93 Special Education Tuition 92-93 Early Intervention Home 92-93 Parent Resource Center 91-92 Special Education Tuition 91-92 Special Education Inservice 91-92 Transitional Services 91-92 Preschool Incentive 91-92 Perkins Act 91-92 Specialist for Occupational Transition 1,827.00) 4,077.00) 13,053.00) 7,408.00 4,851.00) 10.00 54.00 539.00) 1,234.00) 14,100.00 2.00) 3,006.00) 3,238.00) 4,501.00 341.00) 78,569.00) 227.00) (156,551.00) (3,310.00) ( 1,379.00) (25,470.00) (58,260.00) ( 524.00) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 April 19, 1994 Page ROANOKE CITY SCBOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GP~Pr$ GRANT 030-060-6753 030-060-6754 030-060-6755 030-060-6756 030-060-6757 030-060-6758 030-060-6816 030-060-6900 030-060-6901 030-060-6903 030-060-6905 030-060-6906 030-060-6907 030-060-6970 030-060-6976 030-060-6980 030-060-6981 030-060-6982 030-060-6983 030-060-6985 030-060-6987 030-060-6989 030-060-6990 030-060-6991 030-060-6992 030-060-6993 030-060-6994 030-060-6996 030-060-6997 030-060-6998 030-060-6999 Net Decrease DESCRIPTION Apprenticeship 92-93 Adult Basic Education 92-93 GED Testing 92-93 Regional Adult Education Specialist Perkins Act 92-93 Regional Adult Literacy & Basic Educ. Artist In Education 92-93 Project YES 92-93 Hurt Park Tutorial 92-93 Fishburn Park Environmental Minigrant Chess Program 92-93 Aviation Magnet School 92-93 Adolescent Health Summer Partnership Environmental Education Minigrant 91-92 Adopt-A-Book 91-92 Magnet Schools 91-92 Student Assistance Program 91-92 Mentor-Teacher Program 91-92 Drug Free Schools 91-92 Impact Aid 91-92 Grants Management 91-92 Environmental Education Grant 92-93 Governor's School 92-93 Magnet Schools 92-93 Student Assistance Program 92-93 Family ERA Program 92-93 Hurt Park Early Childhood 92-93 SAT Preparation 92-93 Impact Aid 92-93 Audio Visual Program 92-93 Let's Talk 92-93 INCREASE (DECREASE) 63,564.00) 1,288.00 4,051.00) 4,581.00) 8,186.00 899.00) 6.00 43.00) 51,830.00) 1,455.00) 4,747.00) 8,985.00) 91.00) 416.00) 526.00) 285.00) 49.00 s PAGE NUMBER 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6O 61 62 63 April 19, 1994 Page 2 (iT"~ Honorable Mayor and Members of City Council Roanoke, Virginia Roanoke, Virginia May 2, 1994 Dear Members of Council: Subject-. Briefing on the Proposed Fiscal Year 1994-1995 Community Development Block Grant (CDBG) Program and Budget I. Background: City of Roanoke receives an annual 9rant of funds from the U.S. Department of Housing and Urban Development (HUD) based on a formula which considers age of housing, poverty levels and other "distress" factors. The amount of this Community Development Block Grant (CDBG) is closely related to how much the U.S. Congress appropriates nationwide, rather than anything that Roanoke does. Since 1974, the City of Roanoke has received approximately $37 million in CDBG funds which have been used on numerous projects in housing, economic development, community services, and public improvements. II. Current Situation: Roanoke's CDBG entitlement will be $2,276,000 for fiscal year beginning July 1, 1994, a $200,000 increase over FY 1994. To that will be added $603,100 in program income generated by the grant program from previous years. The new HUD CDBG funds, added to $681,851 unspent from previous years, will leverage an estimated $3,002,439 in additional monies from federal, state, local and private sources, for a total program scope of $6,563,390. Citizen hearings and workshops have been held February 1, and April 21, 1994 in order to obtain citizens' recommendations and to identify community needs for the coming year, and to present the first draft of the 1994- 1995 CDBG Statement of Objectives. Public hearing results from the February 1 workshop were that citizens are concerned about activities for youth, adequate housing, economic development, neighborhood and elderly issues as the primary problems facing this community. Ee A second draft Statement of Community Development Objectives was prepared as a result of the April 21, 1994 public hearing that will more effectively address the needs expressed by the community. (Please see Attachment A - Summary of citizens' comments) Proposals for 47 projects and 4 administrative budgetm were received totalling $3,715,576. Additionally, there are 2 section 108 Loan payments and 2 other 1994-95 contractual obligations totalling $1,186,724 New and transferred funding available for allocation totals $2,374t227. III. Program Objectives: Fourteen (14) new projects are being recommended for funding, and 32 previously funded projects are recommended. Ten (10) projects were submitted which are not being recommended for funding at this time. With 46 individual projects and activities funded in whole or in part with CDBG funds, the FY 1995 program has been designed to accomplish the following: (Please see Attachment B, Draft Statement of Community Development Objectives) A. Provide Adequate Housinq: 2. 3. 4. Rehabilitate or repair 141 houses and rental units. Assist 2 families to purchase homes. Support new construction of 7 affordable houses. Prevent 550 families/i,375 persons from becoming homeless through eviction and utility cut-off. Promote housing rehabilitation and marketing. Provide adequate jobs/employment: 2. 3. 4. Assist with neighborhood business development, creating/retaining 100 jobs. Provide loans to small and micro businesses, creating 37 jobs. Provide job training and education for 235 persons, resulting in 159 job placements. Improve industrial sites for commercial development, creating 185 jobs. Reduce instances of crime and drug abuse: 1. Youth Activities: Provide drug/alcohol free after school activities, recreational activities, and summer activities for 895 youth. 2. Provide staff for a coordinated, inter-agency approach to fighting back against drugs in Roanoke. 2 3. Provide incentives for 2 police officer families to purchase homes in at-risk neighborhoods. D. Maintain and improve city infrastructure: Restore 2,200 square feet of historic brick sidewalk in West End neighborhood. Empower citizens 2. 3. 4. 5. 6. 7. and neighborhood organizations: 25 neighborhood organizations will be provided with technical assistance and staff support. 10 Mini-grants will be awarded to neighborhoods. 3 Neighborhood Development Grants will be awarded to neighborhoods. 52 families will be assisted in becoming self- sufficient. 65 pregnant teens will be assisted in having healthy babies and learning parenting skills. 15 adolescent mothers will be provided with day care so that they can continue their education. 40 teens will be assisted with pregnancy prevention and drop out prevention activities. Compliance with federal laws and regulations: oversight will be provided to the CDBG program to ensure compliance with applicable federal regulations. G. Promote community pride: 4 houses which contribute to the historic character of the Gainsboro neighborhood will be moved instead of demolished. Make public improvements to the Henry Street area. Facades of 4 downtown buildings will be rehabilitated. 18 houses will be painted. 210 unsafe buildings will be condemned or brought in compliance with code. 28 vacant and dilapidated structures will be demolished. Of the $1,988,585 in CDBG funds, from all ~rant years, available for projects in the FY 1995 budget, $1,471,949 or 74% are expected to benefit low and moderate income persons. IV. Conclusion: The proposed CDBG budget and program is responsive to the stated concerns of the citizens of Roanoke, as well as meeting the regulatory requirements of HUD. It provides for housing improvement, activities for youth, business 3 development, the creation of new job opportunities, human development, the strengthening of our neighborhood organizations and adequate administrative oversight for the entire program. It will allow us to build upon the successes of the past and to meet some urgent critical needs. This CDBG program is submitted for Council's review. On May 9, 1994 City Council has scheduled an evening public hearing to receive citizens' com~ents. At that time, Council will be requested to authorize the City Manager to submit the 1994-1995 Statement of Objectives to the Richmond Office of the Department of Housing and Urban Development for their review. Respectfully submitted, W. Robert Herbert City Manager WRH:CAH Attachment Assistant City Manager City Attorney Director of Finance Director of Public Works Director of Human Development Economic Development Specialist Chief of Community Planning Building Commissioner City Engineer Administrator FDETC Assistant to the City Manager for Community Relations Acting Grants Monitoring Administrator B:BRIEFING.RPT 4 Attachment A Page 1 General Issues Raised at the CDBG Public Hearing April 21, 1994 Issues raised: TAP's training program not receiving CDBG funds. TAP's Micro-Enterprise Loan Fund not receiving CDBG funds. West End Center not receiving the CDBG funds requested. Youth is top issue, yet, it's not receiving highest level of funding. HUD mandate concerning the 15% cap on public service activities. Explanation as to why a particular proposal was not recommended for funding. Procedure for selecting projects for funding. city Council procedures to approve a budget. Having the draft budget changed before council approves it. Teen Outreach Program needs CDBG funds for their project. Attachment A Page 2 COI~ENTS BY THOSE #~O WISHED TO SPF~K ~prll 21, 1994 Annette Lewis, Director of TAP's Employment Training Services Regarding their proposals for funding the Entrepreneur Training Program and the Micro Enterprise Loan Fund to support low-income residents of the community. TAP has provided comprehensive services to low-income community residents for 30 years and has taken the lead in addressing the needs of the low-income members of the community. Entrepreneur Training Program Main Points: At town meetings held by the Enterprise Community Planning Committee, the Economic Development sub-committee has found that the citizens express a need for entrepreneurs in the community. Citizens want to be directly involved in the growth and sufficiency of their community. Also, through a survey, the need for this service was evident. Day care was one type of business desired to begin. A detailed curriculum was attached showing how comprehensive the training would be. Curriculum designed by a man who is in his own business. The curriculum has been reviewed by a professor at Virginia Tech, who has agreed to serve as the Dean to the program. The program is designed to assist entrepreneurs in starting their own business. Micro-Enterprise Loan Fund Main Points: Five hundred dollars ($500) to $1,000 can surely help someone start up their own business, as a member of their Advisory Committee has done. Research was done to show that small loans of $500, $1,000 were recommended by several agencies around the country. First Union Bank, as well as others, have expressed an interest in supporting such a project. Connie Krisha - (prospective trainee) own business, but does not know how. could benefit her and the community. Interested in starting her Says this training program GinGer Stewart - (citizen) Also agrees that there is a need for this type of program. She feels she has a talent that could help the community if she was taught how to get started in her own business. Betty Allard - (citizen) Very happy to see Customized Job Training in the draft budget. Supports and praises TAP for all they have done for her and explains how she would not be where she is if it weren't for TAP and their support. Attachment A Page 3 Ted Edlich - (TAP) Feels CDBG monies for administration is too high. Funding should go directly to the poor neighborhoods and poor people. Fund the administration with other monies. Cheri Hartman - (TOP) On behalf of the Teen Outreach Program, would like to go back to the drawing board and see if there is anyway to access the $19,000 of service money left under the cap; anything left to "squeeze out of the stone" and help the curtain go up for this program with CDBG funding for the teens she works with. Matching monies will be lost without CDBG funding. Suzanne Bell - (Case Manager for Self-Sufficiency and Operation Bootstrap) Thank you for funding Operation Bootstrap. On behalf of the Entrepreneur Program expresses disappointment, because she has people looking forward to participating in the program and they will in turn be disappointed. Asks for the committee to take another look at the program. Sylvia Wade - (Committee member for the Entrepreneur Advisory Committee) Feels this training program could help the community and feels that $500 to $1,000 could be sufficient to start a business. Feels it would promote positive attitudes and good self- esteem. Hopes committee will reconsider decision. John Bell - (President of Bell Service) On behalf of the Entrepreneur program, feels that the training is comprehensive and complete. Bill Leach - (Secretary of the West End Center Board) Thanked the City for the allocation for the West End Center that is in the draft budget. West End Center is trying to meet with a tripling demand for services. His concern is that this request is for a construction, one-time project and that if they receive only partial funding in lieu of the full request, the second phase of construction won't be completed and the program may have to be stopped. Although they are predominantly a youth facility, they also come under some of the other HUD categories; asked for reconsideration. Karen Ramsey - (representing West End Center) Her concern is with the overcrowding situation. There are 15 children on the waiting list to be tutored. This is a program that is proven to work, But the overcrowding is inconvenient. They need to be able to spread out to work more efficiently. She feels they are losing some of their tutors because of the crowded situation. West End Center is listed under the 03 category and not under the public service category; she hoped that the entire project would be funded to benefit the children in the West End Area. John Shumate - (on behalf of West End Center) Request is for structural consideration and to complete the project in one shot, otherwise the building will have to sit and wait for the next allocation. The tutors could do a better job if there was more room available for the program. Attachment A Page 4 Ren Heard - Addressing two different projects. #1-West End Center He feels that this is the most important program in the City. This program has driven out drug dealers and removed the kids from the street giving them a place to go where they can feel safe. The Center is crowded and the funds are needed to provide that physical space for the Center to work. #2-West End Association This association submitted a request for sidewalks and public improvements in their area. There is a dramatic need for these improvements in this area so he believes they came up short when they were only given $10,000. His biggest issue of concern was the amount of money being spent for administration. He suggested that over half of the $740,000 going to RRHA be cut and given to the smaller agencies that will be much more effective managing and in controlling the use of the money. He believes that contractors are doing very well on programs such as Operation Paintbrush and Quick Response and that the people who actually benefit are few for the amount of money spent. With reference to the money for training workers for Hotel Roanoke, he said Hotel Roanoke has dominated the CDBG money for the last 3 or 4 years. He suggested letting Hotel Roanoke operators pay for training their employees. He also feels that money to pay for CDBG administration shouldn't come from CDBG, it should come from the general fund. Less than 25% of the money in this budget comes from City administration, instead admin costs come out of the program where it is designed to help people. Ozawa Skipper - (on behalf of the Entrepreneurial Program) She has spent the last 5 or 6 years on numerous programs and at least four of those programs she didn't get to complete because the funding ran out. Money from Operation Bootstrap and Self-Sufficiency allowed her to buy equipment to start a business but she did not know how to set up and run a business. The Entrepreneurial Program is important because you have to teach the people how to set up a business, where to go to get money, what to do with the money and how to spend and budget. Mike Cammack - (youth on behalf of West End Center) Referred to talk of violence and putting the ones that can't be helped in jail. The West End Center is there to help, and they can help 100%, and for the people that they can't help at least everyone knows they tried their best. Millard Bolden - (on behalf of the YMCA Family Center) Thanked the committee for funding the After-School Drop In program last year and for increasing the funding for this year. Encouraged those that did not get funded to not give up. Referring to comments to "go back to the table" asked that the committee not take any money away from the youth programs. CDBG BRIEFING SUMMARY I. FY 94-95 Estimated Revenno FY 94-95 Entitlement Program Income Carryover/Transfer Total Estimated Revenue Coca-Cola 108 Loan Payment Hotel Roanoke 108 Loan Payment Western Va. Revolving Loan Fund Arts Place At Old First Total Contractual Obligations Total Available For Allocation $2,276,000 $ 603,100 $ 681.8~1 $3,560,951 $ 529,873 $ 525,000 $ 85,751 $ 46.100 $1,186,724 $2,374,227 Bo Bo Do Public Hearin~ The top five (5) community development issues identified by the citizens at the February 1, 1994 public hearing: 1. YOUTH 2. HOUSING 3. ECONOMIC DEVELOPMENT 4. NEIGBRORHOOD ISSUES ELDERLY ISSUES Admini~rative l~:hli~ Flt,~r~l~ . CDBG Draft ~11~-~~-~ IH. PROPOSAL/FUNDING OVERVIEW 51 Proposals Received Totaling $3,715,S76 Funding Available - $2,374,227 Recommended Proposals Funded - 40 CDBG/1 Home Inveahuent Partnership Program Funds Proposals Not Funded - 10 2 IV. FUNDING ALLOCATION OVERVIEW A. YOUTH - $173,380 * 45% increase in the funding aflocation for youth. · Increase the number of youth served from 718 to 1.055. West End Center Construction $ 76,250 $ 45,000 $ 20,905 0pportuni ty Knocks 18,380 18,380 25,000 Job Training Camp 20,000 20,000 N/A Star Light Youth Program 33,000 20,000 N/A Resource Mothers 56,550 37,500 37,543 Day Care II 17,633 7,500 N/A Top Gun Summer Day Cam~) '30,000 20,000 14,000 Teen Outreach Program 11,250 5,000 N/A B. ~ - $416,042 · Increase the u-tuber of houses/rental ,,ni~ rehabilitated or repaired from 98 to 141. · Continue to prevent ~ from becomln~ homeless as the result of eviction or utility cut-off by providing f'mancial assistance. Vacan~ Lot Homesteadin~ $ 24,500 $ 24,500 $ 60,000 Emergency Assist~ce ~d 55,000 49,500 45,000 Operation Bootstra~ 8,198' 8,198 10,939 Empowering Individual s 30,000 21,440 N/A With Disabilities ~ick Response To 150,000 125,000 176,340 Emergencies ~BG Support For HOME N/A 155,669 N/A Investment Partnership Program Housing Marketing 10,000 6,000 10,475 3 Community Police 52,500 25,735 45,735 Homeownershi~ Gainsboro Rehab. 70,150 70,150 N/A ROME Funds C. ECONOMIC DEVELOPMENT - $~19,454 · Increase the o,,mber of persons receiving job training from 1~0 to 2~. Increase the number of job placements from ~ to 1~9. · Continue to provide development assistance and loans to small businesses creating/retaining 10~ jobs. · Improve industrial sites for commercial development, creating 185 jobs. Hotel Roanoke Employment $179,140 $110,411 N/A Trainin~ Customized Job Training 39,984 25,000 25,000 Deanwood Industrial Park 112,298 124,298 11,796 Shaffers Crossin~ 8,775 16,775 N/A Gainsboro Professional 146,327 160,327 148,000 Park Henry Street Maintenance N/A 8,000 7,783 Parkin~ Lot Management Hotel Roanoke Redevelopment N/A 6,000 7,769 Economic Development 100,000 106,143 110,000 Investment Fund Micro-Business Revolving 50,000 30,000 30,000 Loan Fund Entrepreneurial Loan Fund 20,000 20,000 N/A Neighborhood Business 45,000 12,500 12,500 Development Program 4 D. NEIGHBORHOOD ISSUES - $207,426 · Enable the Roanoke Neighborhood Partnership to continue to address neighborhood development and improvement issues. · Continue neighborhood development grants. Neighborhood Partnership $139,923 $135,423 $128,921 Operation Paintbrush 64,000 52,003 69,150 Mini-Grant 10,000 10,000 10,000 Neighborhood Development Grant 20,000 10,000 18,000 ~ - $125,000 · Increase from $40,000 allocation in current CDBG budget. Quick Response For The Elderly $150,000 $125,000 $ 40,000 F. CODE ENFORCEMENT/DEMOLITIQN. $~38,484 · lncxease the m-nher of umafe buHdin~ condemned or brought ~to compliance with code from 200 to 210. · Increase the re,tuber of vacant and dilapidated structures demolished from 20 to 28. Code Enforcement $145,213 [ $ 75,519 $ 71,923 Demolition 150,000. 162,965 $ 90,000 85,000 PUBLIC IMPROVEMENTS - $110,500 * Allow Henry Street Revival Committee to develop a formal plan and begin improvements to the area. · Restore brick sidewalk in the West End neighborhood. Henry Street Improvements $200,000 $100,000 N/A West End Sidewalks $ 38,500 10,500 4,000 H. mSTORIC PRESERVATI~ON - $100,000 Downtown Historic Facade $ 40,000 $ 20,000 $ 45,000 Improvement Gainsboro Enl%ancement II 70,000 80,000 91,290 I. DRUG and ALCOHOL ABIJ,qi¢, - $26,000 J. ~ - $357,941 · Provide CDBG program oversight to emure compliance with federal regulations. ~.~-. ~ ...... ~i:i:~i~ii~,~ ~i!~ ~ ::~: :~':: ' '~" ~ f:~:::~:~~ ~ ~::':~:::::::: ~: ~BO A~inistration $233,601 ] $226,024 $218,820 Housing Development 93,804~ 56,917 54,327 A~inistration Roanoke Redevelopment and 145,821 75,000 73,772 Housing Authority Admini s trat ion 6 V. PROPOSALS NOT FUNDEr} Ao B. C. D. E. F. G. H. I. J. Stars Come Out At Night ($10,100 Requested) GED Program ($37,122 Requested) Youth Exploring Science ($25,000 Requested) Home Care Aide Project ($49,956 Requested) Inner-City Martial Arts Program ($38,200 Requested) Entrepreneurial Training Program ($38,373 Requested) Rental Rehabilitation Project ($75,000 Requested) Kellog Ave. 1994 Building Project ($56,000 Requested) Residential Infill Design Competition ($35,000 Requested) Enterprise Communities Coordinator ($38,000 Requested) 7 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk May 6, 1994 File #60-72-304-467 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31964-050294 amending and reordaining certain sections of the 1993-94 General Fund Appropriations, providing for appropriation of additional Comprehensive Services Act funds, in the amount of $14,164.00, to cover the cost of services for targeted at-risk youth and their families. Ordinance No. 31964-050294 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 2, 1994. Sincerely, /?.~x~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Charles W. Day, Chairperson, Roanoke City School Board, 1830 Grayson Avenue, N. W., Roanoke, Virginia 24012 E. Wayne Harris, Superintendent of Roanoke City Public Schools Richard L. Kelley, Executive for Business Affairs, Roanoke City Public Schools June S. Nolley, Clerk of the Roanoke City School Board W. Robert Herbert, City Manager Glenn D. Radcliffe, Director, Human Development Corinne B. Gott, Manager, Social Services Marion V. Crenshaw, Youth Planner Diane S. Akers, Budget Administrator, Office of Management and Budget 1993-94 emergency. WHEREAS, Government of the exist. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of May, 1994. No. 31964-050294. AN ORDINANCE to amend and reordain certain sections of the General Fund Appropriations, and providing for an for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A ro riatlons Health and Welfare Comprehensive Services Act Nondepartmental Contingency - General Fund (2) .................... $ 17,091,201 4,326,472 46,106,008 399,129 Revenue Grants-in-Aid Commonwealth Welfare (3) ....................................... 28,440,681 11,789,678 1) Residential, Public, Mandated 2) CSA Contingency 3) CSA State Supplemental (001-054-5410-3170) (001-002-9410-2244) $ 14,164 ( 3,929) (001-020-1234-0692) 10,235 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. May 2, 1994 Roanoke, '~c~i~'~ ~a Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: APPROPRIATION OF ADDITIONAL COMPREHENSIVE SERVICES ACT FUNDS The ~sive ~ Act [CSA) for At-Risk Youth and a iF_~ ~ effective July 1~ 1993. ~ Pool of state funds to be expended for public or private non-residential or residential services for the targeted population of troubled youth and families. The CSA ~ services for foster care children and for children whose Individualized Education Plan mandates specialized private day or residential educational programs. C. The ~ services Act C A~ Funds P~I ~ for Roanoke City for July 1, 1993 - June 30, 1994 is. State Wands: Local Funds: $1,983,352 1.218.835 TOTAL AT.TF~.ATION: ~ The Roanoke ~ o~9_uP_~=~!=_ ~ bv City ~ Resolution #31301-011193 to man,ge the State Funds Pool, ~ that in ~ to the afo eme tion state Funds Pool ~ ue~_~p~_~/k~_~ funds in the amount of $1,110,121 would be needed for the period of July 1, 1993 - June 30, 1994· State Funds: Local Funds: $802,852 307.269 TOTAL AT,T~3CATION: ~ On June 28. 1993, City ~ ~ f~ds for the aforementioned CSA initial State Funds Pool Allocation and for the projected Supplemental Allocation: State Funds: $2,786,204 Local Funds: $1.526.104 CURRENT BUDGETED FUNDS: Page 2 II. CURRENT SITUATION A. The cost of services for the taraeted at-risk youth and their families was eres 'mated by $14,164 for FY 1993-94: State Funds: $10,235 Local Funds: 3,929 1. The State Department of Education, the State fiscal agent for the CSA, will reimburse $10.235 of this amount. 2. Roanoke City is required to provide ~ local cash match of $3,929. III. ISSUES A. Funding B. Leoal IV. ALTERNATIVES ae City Council approve this ree~_D_~_~ and authorize the Director of Finance to increase the revenue estimate by $10,235 and appropriate $14,164 to the CSA account in the General Fund. There will be a $3,929 local cash match. Funding - Funding of $14,164 in additional program costs will be provided with a local cash match for $3,929 from the CSA Contingency account and the remaining $10,235 to be made available by the State Department of Education. Legal - Foster care services and specialized private day/residential educational programs mandated by State and Federal laws can be provided. B. Do not approve this request to transfer $3.929 from CSA Contingency account. 1. Funding - Not an issue. 2e Legal - Foster care and specialized private education day/residential programs mandated by State and Federal laws cannot be provided. v. RECO~ Page 3 A. City Council concur in Alternative A and authorize the Director of Finance to: Increase the revenue estimate in account #OO1-020-1234-0692 by $10,235 and increase the appropriations in account #001- 054-5410-3170 by $10,235. Transfer $3,929 from the CSA ContinQenc¥ account #001-002- 9410-2244 to the CSA Expenditure account #001-054-5410-3170. Respectfully submitted. W. Robert Herbert City Manager Wilburn C. Dibling, City Attorney James D. Grisso, Director of Finance Glenn D. Radcliffe, Director of Human Development and Chairperson, Roanoke Interagency Council Corrine B. Gott, Superintendent, Department of Social Services E. Wayne Harris, Superintendent, Roanoke City Public Schools Diane S. Akers, Budget Administrator MARY F. PARKER City CLerk" CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chnreh Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN D~put y City Clerk May 6, 1994 File #45-60-183-188-262-270-472 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31965-050294 amending and reordaining certain sections of the 1993-94 General Fund Appropriations, providing for appropriation of $21,665.00 from the Capital Maintenance and Equipment Replacement Program, in connection with procurement of certain equipment to ensure that the City has a back-up 9-1-1 communications facility to provide continued public safety services. Ordinance No. 31965-050294 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 2, 1994. MFP: sm Sincerely, Mary F. Parker, CMC/AAE City Clerk Enc. pc: W. Robert Herbert, City Manager George C. Snead, Jr., Director, Public Safety Robert J. Agnor, Manager, Communications Wanda B. Reed, Manager, Emergency Services William F. Clark, Director, Public Works Nelson M. Jackson, Manager, Building Maintenance and Custodial Services Diane S. Akers, Budget Administrator, Office of Management and Budget Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, General Services 1993-94 emergency. WHEREAS, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of May, 1994. No. 31965-050294. AN ORDINANCE to amend and reordain certain sections of the General Fund Appropriations, and providing for an for the usual daily operation of the Municipal 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 Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A ro riations Public Works Building Maintenance (1) .......................... Communication (2-3) .............................. $ 20,312,884 3,003,119 1,784,843 Fund Balance CMERP - City - Unappropriated (4) $ 919,559 1) Maintenance 2) Other Equipment 3) Project Supplies 4) CMERP - City - Unappropriated (001-052-4330-3050) $ 500 (001-050-4130-9015) 8,423 (001-050-4130-3005) 12,742 (001-3323) (21,665) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. { X ;:: ROANOKE, VIRGINIA May 2, 1994 Honorable Mayor and City Roanoke, Virginia Dear Members of Council: BACK-UP 9-1-1 FACILITY A® Ce Capital Maintenance and EauiDment Replacement - needs have been identified for the Communications Department. ' ' ' e - are necessary to insure that the City of Roanoke has a back-up 9-1-1 Communications facility to provide continued public safety services to citizens. Should evacuation from the primary Emergency Center be necessary due to fire, natural gas leak or hazardous material spill there would be no means of dispatching police, fire or ems units to emergencies. Equipment will be used daily to support Public Works Dispatch function. ~ - is a listing of those identified items that are anticipated to cost less than $15.000 per single item. De Sinqle purchases - will be procured small purchase procedures which solicitation of bids. in accordance with uses competitive II. CUI~/~ENT SITUATION Ae Council's appropriation of funds are necessary to provide for the purchase of those items as listed on Attachment III. ~SUES A. Need C. Fund Availability Council aD~Drouriatq ~, appropriate procurement of the Equipment Replacement items as of this report. to provide for the Capital Maintenance and listed on Attacb~ment "A" PAGE 2 HONO~AmLE ~AYOI~ AND CITY COUNCIL ~u~D APPI~OPRIATION Ve CC: Need - Items requested are performance of essential CommuniGations. necessary for continued 9-1-1 and Public Works T~ess - 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. B. Do not appropriate fun~ me Need - Basic essential 9-1-1 services and Public Works communications would be jeopardized possibly creating liability. 2. ~ - Would not be a factor in this alternative. Fund availability - Designated Funds would not be exDended under this alternative. City Council concur with Alternative "A" appropriate $21,665 from Capital Maintenance and Equipment Replacement Program to the various accounts as follows: $500 to Building Department Account - 001-052-4330-3050. S8.423 to Communications Department Account - 001-050-4130-9015. ~2.742 to Comm~l~ications 001-050-4130-3005. Department Account Respectfully Submitted W. Robert Herbert, City Manager Mr. James Grisso, Director, Finance Mr. Wilburn Dibling, City Attorney Mr. Barry Key, Manager, Management and Budget Mr. George C. Snead, Director, Public Safety Text Telephone 287 (3) Progressive Time Stamps 1,912 Upholster Chairs 960 Building Maintenance (refurbishing) 500 Dispatch Work Stations (Furniture) 3,904 Dispatch Console Labels 672 Electronic modules/boards 10,032 Personal Computer 1,998 Laser Printer 609 dBase III Plus Software 319 Wordperfect 151 Twenty four hour wall clock 23 Marker Board 297 $21,664 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 May 6, 1994 File #207-405-468-514 SANDRA H. EAKIN Deputy City Clerk Donald Dye Vice-President J. P. Turner and Bros., Inc. 800 8th Street Salem, Virginia 23153 Dear Mr. Dye: I am enclosing copy of Ordinance No. 31966-050294 approving the City Manager's issuance of Change Order No. 1 to the City's contract with J. P. Turner and Brothers, Inc., for the Roanoke Centre for Industry and Technology Water and Access Road, in the amount of $13,452.12, for a total contract amount, including Change Order No. 1, of $184,488.62. Ordinance No. 31966-050294 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 2, 1994. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm EDC. pc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations M. Craig Sluss, Manager, Water Department William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Philip C. Schirmer, Project Manager Diane S. Akers, Budget Administrator, Office of Management and Budget Dolores C. Daniels, Assistant to the City Manager for Community Relations PhiIlip F. Sparks, Acting Chief, Economic Development IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of May, 1994. No. 31966-050294. AN ORDINANCE approving the City Manager's issuance of Change Order No. 1 to the City's contract with J.p. Turner and Brothers, Incorporated for the Roanoke Centre for Industry and Technology Water and Access Road; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 1 to the City's contract with J.P. Turner and Brothers, Incorporated related to the Roanoke Centre for Industry and Technology Water and Access Road. 2. Such Change Order shall provide for the following changes in the work to be performed: ORIGINAL CONTRACT AMOUNT CHANGE ORDER NO. ]: $ 171,036.50 Remove the unsuitable soil material, provide for adequate drainage, and stabilize the area with crushed stone CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 1 13~452.12 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Roanoke, Virginia May 2, 1994 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: CHANGE ORDER NO. 1 RCIT WATER & ACCESS ROAD I. Background: Acceptance of a bid submitted by J. P. Turner and Brothers, Incorporated, for the Roanoke Centre for Industry and Technology (RCIT) Water & Access Road was made by City Council on March 7, 1994. B. Work was started on the project as of April 4, 1994. II. Current Situation: The project extends a water main from Blue Hills Circle to the proposed water tank site in RCIT. The proposed road alignment crosses a low lying wet weather stream approximately 850 feet north of Blue Hills Drive. The foundation conditions at this location are very poor and unsuitable for support of the proposed access roadway. In order to accommodate groundwater drainage and improve the foundation conditions, it is necessary to remove the unsuitable soil material, provide for adequate drainage, and stabilize the area with crushed stone. Change Order No. 1 provides for this work. The proposed corrective action has been reviewed and accepted by the consulting engineer, the contractor and City staff. Current funds are encumbered in the amount of $171~036.50 for this contract. The original contract award provided for a $18,963.50 contingency fund for this project. Approximately $1~000.00 of this contingency is obligated for previously incurred advertising expenses. 1. Original Contract Amount $171,036.50 2. Amount of Change Order No. 1 $ 13,452.12 3. New Contract amount $184,488.62 Honorable Mayor and Members of City Council CHANGE ORDER NO. 1 RCIT WATER & ACCESS ROAD May 2, 1994 Page 2 III. Issues in Order of Importance: A. Funds B. Cost C. Need D. Engineering concerns IV. Alternatives: Approve Change Order No. 1 to the contract with J. P. Turner and Brothers, Incorporated, in the amount of $13~452.12. 1. Funds are available in the project contingency fund in account number 002-056-8378-9065. 2. Cost is reasonable and reflects current market conditions. 3. Need for the payment of a contract obligation is met. Engineerinq concerns to provide a properly constructed and durable access roadway are satisfied. Do not approve Change Order No. 1 to the contract with J. P. Turner and Brothers, Incorporated, in the amount of $13~452.12. 1. Funds remain available in the project contingency fund. 2. Cost is not an issue. 3. Need for the payment of a contract obligation is not met. Engineering concerns to provide a properly constructed roadway are not met. Future maintenance problems may result. Honorable Mayor and Members of City Council CHANGE ORDER NO. 1 RCIT WATER & ACCESS ROAD May 2, 1994 Page 3 Recommendation: City Council approve Alternative "A" thereby authorizing the execution of Change Order No. 1 in the amount of $13~452.12 to the contract with J. P. Turner and Brothers, Incorporated. Respectfully submitted, W. Robert Herbert City Manager WRH/PCS/fm cc: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations Manager, Management and Budget City Engineer Construction Cost Technician Accountant, Contracts & Fixed Assets MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 951-2541 SANDRA H. EAKIN Deputy City Clerk May 6, 1994 File #27-57-514 David R. Conner Vice President E. C. Pace Company, Inc. P. O. Box 12685 Roanoke, Virginia 24027 Dear Mr. Conner: I am attaching copy of Ordinance No. 31968-050294 approving the City Manager's issuance of Change Order No. 1 to the City's contract with E. C. Pace Co., Inc., for the Liberty Road Sanitary Sewer Replacement project, in the amount of $10,745.00, for a total contract amount, including Change Order No. 1, of $31,265.00. Ordinance No. 31968-050294 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 2, 1994. Sincerely, Mary F. Parker, CM~ City Clerk MFP: s m Erie. pc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Philip C. Schirmer, Project Manager Kit B. Kiser, Director, Utilities and Operations Steven L. Walker, Manager, Water Pollution Control Plant Jesse H. Perdue, Jr., Manager, Utility Line Services Diane S. Akers, Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of May, 1994. No. 31968-050294. AN ORDINANCE approving the City Manager's issuance of Change Order No. 1 to the City's contract with E.C. Pace Company, Inc., for the Liberty Road Sanitary Sewer Replacement; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 1 to the City's contract with E.C. Pace Company, Inc., dated August 9, 1993, related to the Liberty Road Sanitary Sewer Replacement. 2. Such Change Order shall provide for the following changes in the work to be performed: ORIGINAL CONTRACT AMOUNT $ 20,520.00 CHANGE ORDER NO. 1: Install additional curb and sidewalk in connection with Liberty Road Sanitary Sewer Replacement 10t745.00 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 1 ~ 31~265.00 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room ,*56 Roanoke, Virginia 2~011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk May 6, 1994 File #27-57-60-514 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31967-050294 amending and reordaining certain sections of the 1993-94 Sewage Fund Appropriations, providing for the transfer of $7,999.00, in connection with Change Order No. 1 to the City's contract with E. C. Pace Co., Inc., for the Liberty Road sanitary sewer replacement project. Ordinance No. 31967-050294 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 2, 1994. Sincerely, ~..~__~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: W. Robert Herbert, City Manager William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Philip C. Schirmer, Project Manager Kit B. Kiser, Director, Utilities and Operations Steven L. Walker, Manager, Water Pollution Control Plant Jesse H. Perdue, Jr., Manager, Utility Line Services Diane S. Akers, Budget Administrator, Office of Management and Budget ~N THE COUNCIL OF THE C~TY OF ROANOKE, V~R~N~ The 2nd day of May, 1994. No. 31967-050294. AN ORDINANCE to amend and reordain certain sections of the 1993-94 Sewage Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by Roanoke that certain sections of Appropriations, be, to read as follows, the Council of the City of the 1993-94 Sewage Fund and the same are hereby, amended and reordained in part: A ro riat'ons Capital Outlay Liberty Road Sanitary Sewer (1) ................... $ 1,498,582 31,519 Retained Earnings Retained Earnings - Unrestricted (2) .............. 15,699,089 1) Appropriated from General Revenue (003-056-8462-9003) $ 7,999 2) Retained Earnings - Unrestricted (003-3336) ( 7,999) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. [;ST'" ' '94 ?/il 27 Roanoke, Virginia May 2, 1994 Honorable Mayor, and Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: LIBERTY ROAD SANITARY SEWER - CHANGE ORDER NO. 1 I. Background: Acceptance of a bid submitted by E. C. Pace Company, Inc. for the Liberty Road Sanitary Sewer Replacement was made by City Council on August 9, 1993. B. Work was started on the project as of September 18, 1993. II. Current Situation: The sewer replacement was at a depth in excess of twenty feet. It was expected that some of the curb and sidewalk in the immediate area of the work would be disturbed in order to perform an excavation of the necessary depth. Contract prices for curbing and sidewalk were established with the bid for a small quantity for each item. During the execution of the work it was necessary to remove and replace more curb and sidewalk than anticipated. The additional funds requested will pay the cost of installing the additional curb and sidewalk. Current funds are encumbered in the amount of $20~520.00 for this contract. The original contract award provided for a $3~000.00 contingency fund for this project. Approximately $254.00 of this contingency is obligated for previously incurred advertising expenses. Original Contract Amount Amount of Change Order No. Advertising Expense New Project Amount $20,520.00 10,745.00 254.00 III. Issues in Order of A. Funds B. Cost Importance: C. Need Honorable Mayor and Members of City Council LIBERTY ROAD SANITARY SEWER CHANGE ORDER NO. 1 May 2, 1994 Page 2 IV. Alternatives: A. Approve Change Order No. 1 to the contract with E. C. Pace Company, Inc., in the amount of $10~745.00. 1. Funds are available in the Sewer Fund Retained Earnings account. Cost is based upon a unit price that was reduced from the bid price established in the contract. This revised unit price was negotiated with the contractor in consideration of the increased volume of work. 3. Need for the payment of a contract obligation is met. B. Do not approve Change Order No. 1 to the contract with E. C. Pace Company, Inc., in the amount of $10~745.00. 1. Funds remain available in the Sewer Fund Retained Earnings account. 2. Cost is not an issue. 3. Need for the payment of a contract obligation is not met. V. Recommendation: City Council approve Alternative "A", thereby authorizing the execution of Change Order No. 1 in the amount of $10~745.00 to the contract with E. C. Pace Company, Inc. Appropriate an additional $ 7,999.00 from Sewer Fund Retained Earnings to the Liberty Road Sanitary Sewer Replacement account (003-056-8462-9065). Respectfully submitted, W. Robert Herbert City Manager WRH/PCS/kh Honorable Mayor and Members of City Council LIBERTY ROAD SANITARY SEWER CHANGE ORDER NO. 1 May 2, 1994 Page 3 cc: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2~O11 Telephone: (703) 981-2541 SANDRA H. EAION Deputy City Clerk May 6, 1994 File #67-122-304 Danny L. Beamer Executive Director Roanoke Valley Youth Soccer Club, Inc. P. O. Box 21848 Roanoke, Virginia 24018 Dear Mr. Beamer: I am enclosing copy of Ordinance No. 31969-050294 awarding concession privileges to Roanoke Valiey Youth Soccer Club, Inc., to sell soccer related merchandise at the River's Edge Sports Complex during four separate soccer tournaments to be held on May 7 and 8, May 28 and 29, July 6 and 7, and November 19 and 20, 1994, upon certain terms and conditions; and authorizing execution of a limited concession agreement. Ordinance No. 31969-050294 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 2, 1994. Sincerely, ~5~.~ Mary F. Parker, CMC/AAE City Clerk MFP: s m EDC. pc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Deborah J. Moses, Chief of Billings and Coliections William F. Clark, Director, Public Works John W. Coates, Manager, Parks, Recreation and Grounds Maintenance Owen M. Grogan, Superintendent, Recreation Dolores C. Daniels, Assistant to the City Manager for Community Relations Diane S. Akers, Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of May, 1994. No. 31969-050294. AN ORDINANCE awarding concession privileges at River's Edge Sports Complex, upon certain terms and conditions; authorizing the execution of a limited concession agreement; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Roanoke Valley Youth Soccer Club, Inc., is hereby awarded concession privileges to sell soccer related merchandise at River's Edge Sports Complex during four separate soccer tournaments to be held on May 7 and 8, May 28 and 29, July 6 and 7, and November 19 and 20, 1994, as more particularly set forth in the report to this Council dated May 2, 1994. Concession fees to the City are hereby waived. 2. The City Manager, or his representative, and the City Clerk, are hereby authorized, for and on behalf of the City, to enter into and execute, and attest, respectively, a limited concession agreement with Roanoke Valley Youth Soccer Club, Inc., the form of such agreement to be approved by the City Attorney. municipal ordinance In order to provide for the usual daily operation of the government, an emergency is deemed to exist, and this shall be in full force and effect upon lts passage. ATTEST: City Clerk. Roanoke, Virginia May 2, 1994 Honorable Mayor David A. Bowers and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: SURJECT~ Request from Roanoke Valley Youth Soccer Club, Inc. to sell soccer related merchandise at River's Edge Sports Complex during four (4) soccer tournaments. BACKGROUND~ Roanoke Valley Youth Soccer Club. Inc. has conducted a variety of youth soccer tournaments in the Roanoke Valley for eight (8) consecutive years attracting teams from Virginia and surrounding states. Be Parks and Recreation Department has worked closely with Roanoke Valley Youth Soccer Club, Inc. in coordinating and scheduling the use of existing facilities in an effort to advance the quality of local youth soccer programs and to enhance the economic benefits derived from these tournaments. C. 1994 Soccer Tournaments and Date~ are: 2. 3. 4. Virginia Youth Soccer Association State Cup - May 7 and 8; Crestar Festival Soccer Tournament - May 28 and 29; Roanoke International Soccer Tournament - July 6 and 7; First Virginia Bank Fall Classic - November 19 and 20. II. CURRENT SITUATIONI City has been requested by Roanoke Valley Youth Soccer Club, Inc. to permit the sale of soccer related merchandise during four (4) soccer tournaments. Refer to attached letter. City Code states, in Section 24-5, Concessions, that only City Council may award concession privileges without public advertisement and receipt of sealed bids. Contract Concessionairm deals primarily with the sale of food and beverage items at events. Mayor and Members of Council May 2, 1994 Page 2 ZZZ. ZSSUESl A. Comnliance with City Cod~ B. Concession fees C. Service D. Revenue IV. ALTERNATIVES: Grant concession Drivi~ege~ to Roanoke Valley Youth Soccer Club, Inc. to sell soccer related merchandise at River's Edge Sports Complex during four (4) requested soccer tournaments. 1. Compliance with City Code would be met. 2. once s' n would be waived. Service would be provided that is not currently offered by contract concessionaire. Revenue to City may increase due to sales tax on any merchandise sold. Deny concession Drivileqes to Roanoke Valley Youth Soccer Club, Inc. to sell soccer related merchandise at River's Edge Sports Complex during four (4) requested soccer tournaments. 1. Compliance with City Code would require advertisement for bids. an 2. Conces ion ees would not be an issue at this time. 3. Service would probably not be provided on such limited basis. 4. Revenue to the City would be unknown. Mayor and Members of Council May 2, 1994 Page 3 RECOMMENDATIONs City Council concur with Alternative "A". ae Grant concession Drivileaes to Roanoke Valley Youth Soccer Club, Inc. to sell soccer related merchandise at River's Edge Sports Complex during the four (4) requested soccer tournaments. Be Authoriz~ City Manager to execute a limited concession agreement with Roanoke Valley Youth Soccer Club, Inc. in a form as approved by City Attorney. Respectfully submitted, W. Robert Herbert City Manager WRH/OMG/jj Attachment cc: Mr. Danny L. Beamer, Executive Director Roanoke Valley Youth Soccer Club, Inc. City Attorney Director of Finance Director of Public Works Manager, Management and Budget Manager, Parks & Recreation/Grounds Maintenance Citizen Request for Services Chief, Billings and Collections Superintendent of Recreation 03/15/1994 14:05 7037723872 ROANOKE V$OCCER CLUB PAGE 02 Roanoke Valley Youth Socce:r Club, lnc, P.O. Box 21848 Roanoke, Virginia 24018 ~arch 15, 1994 Ms. Rulh Wilkinson Roanoke City Pat~s & ~n 210 Reserve Avenue, S.W, Roanoke, Vtr~ia 24018 Dear Ms. Wilkinso~ The l~aanoke Val~ Ymdh Soccer (3ub will hold it~ 9th annual Cres~' Fem~al S(x~cr Tournament ot~ Mny 28 & 29, 1994. Also wa will be ht~ng tl~ Vj~nin Youth S4xx~r A..._a~ltion State Cup on May 7 &Il, 1994, ~ lntematiollal Socc~ Tournament ot~ ~uly 6 & 7, 1994, andThe Firsl ViqOnia Bank Fall CJn .a+4_'¢ on Novembex 19 & 20, 1994. Th~ tournaments n~ r~luesfing peflntasiofl to sell non-food [tens ~u~h as t0m'~Jlncnt l-shirtt ~ soc(~r lr~lmndi~ at ]~s Edg~ ls~k, R'you hav~ any ques6~ns p~ase feel ft~ to call the club office at 772-3871. Danny L l~am~r E~ Dir~mr MARY F. PARKER City Clerk 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 May 6, 1994 File #20-29-66-77-200-247-258-264-330-514 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: ! am attaching copy of Resolution No. 31971-050294 requesting the Virginia Department of Transportation to have utility lines relocated underground as a part of the widening and realignment of Wells Avenue, N. E., and authorizing execution of an agreement with the Virginia Department of Transportation and Appalachian Power Company relating to the underground relocation of utility lines in connection with the widening and realignment of Wells Avenue, N. E. Resolution No. 31971- 050294 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 2, 1994. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc; M. Scott Hollis, Urban Engineer, Virginia Department of Transportation, 1401 East Broad Street, Richmond, Virginia 23219 Russell M. Wise, Staff Engineer, Appalachian Power Company, P. O. Box 2021, Roanoke, Virginia 24022 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works William L. Stuart, Manager, Streets and Traffic Robert K. Bengtson, Traffic Engineer Charles M. Huffine, City Engineer John R. Marlles, Chief, Planning and Community Development Diane S. Akers, Budget Administrator, Office of Management and Budget Phillip F. Sparks, Acting Chief, Economic Development IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of May, 1994. No. 31971-050294. A RESOLUTION requesting the Virginia Department of Transportation to have utility lines relocated underground as a part of the widening and realignment of Wells Avenue, N.E. and authorizing the execution of an agreement with the Virginia Department of Transportation and Appalachian Power Company relating to the underground relocation of utility lines in connection with the widening and realignment of Wells Avenue, N.E. WHEREAS, this Council is by appropriation ordinance simultaneously appropriating a sufficient sum of money to pay the City's share of the cost of underground THEREFORE, BE IT RESOLVED by the Roanoke that: 1. The City requests that the facilities; Council of the City of Virginia Department of Transportation ("VDOT") have utility relocations placed underground as a part of the widening and realignment of Wells Avenue, N.E. in accordance with the City's policy established by this Council pursuant to Ordinance No. 22055, dated February 3, 1975 and in accordance with VDOT Policy on Placing Utility Facilities Underground, dated April 15, 1993. 2. 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 the Virginia Department of Transportation and Appalachian Power Company for the underground relocation of utility lines in connection with the widening and realignment of Wells Avenue, N.E., upon such terms and conditions as are deemed appropriate by the City Manager and in accordance with the recommendations contained in the report of the City Manager dated May 2, 1994 and approved as to form by the City Attorney. ATTEST: City Clerk. MARY F, PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk May 6, 1994 File #29-60-77-200-330-514 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31970-050294 amending and reordaining certain sections of the 1993-94 Capita] Fund Appropriations, providing for appropriation of $73,600.00, in connection with execution of a three-party agreement with the Virginia Department of Transportation and Appalachian Power Company for adjustment of electric utilities required in conjunction with the Wells Avenue roadway project. Ordinance No. 31970-050294 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 2, 1994. Sincerely, ~O..~/~.~--.~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: W. Robert Herbert, City Manager Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works William L. Stuart, Manager, Streets and Traffic Robert K. Bengtson, Traffic Engineer Charles M. Huffine, City Engineer John R. Marlles, Chief, Planning and Community Development Diane S. Akers, Budget Administrator, Office of Management and Budget Phillip F. Sparks, Acting Chief, Economic Development IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA 1993-94 emergency. WHEREAS, Government of the exist. The 2nd day of May, 1994. No. 31970-050294. AN ORDINANCE to amend and reordain certain sections of the Capital Fund Appropriations, and providing for an for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1993-94 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A ro riations Streets & Bridges 2nd Street / Gainsboro Rd / Wells Ave (1) .......... 7,579,420 5,450,869 1) Appropriated from General Revenue (008-052-9547-9003) $ 73,600 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Roanoke, Virginia Nay 2, 1994 Honorable David A. Bowers, Mayor and Members of Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: Wells Avenue Utilities - Special Agreement Backqround: City Council approved the location and major design features of the realignment of Wells Avenue from Williamson Road, N.E. to First Street, N.W. (Resolution No. 31622-080993). II. Be Appalachian Power Company (APCO) power lines along this segment of Wells Avenue will be relocated from overhead to underground. This is in accordance with Ordinance No. 22055 dated February 3, 1975 which requires underground utility installation in the Gainsboro Neighborhood Development Project. Current Situation: Three-party utility agreement between Virginia Department of Transportation (VDOT), APCO, and the City of Roanoke has been prepared and requires prompt execution by the City to maintain the accelerated project schedule. A fully-executed agreement will enable APCO to proceed with the acquisition of all materials needed for the underground utility lines. BJ VDOT's Policy for Placing Utility Facilities Underground" requires that City Council provide VDOTwith a resolution requesting that these utilities be placed underground as a part of the project. This resolution also needs to assure that future utility facilities shall not be permitted overhead along the project limits, and that the local governing body has the financial resources available to pay its share of the costs to place these facilities underground. The City's share to place the utilities underground for this project is estimated in the three-party agreement at $73~600. This cost represents the City's 50% share (VDOT pays the other 50%) of nonbetterment costs for the placement of these APCO utilities underground, in accordance with VDOT policy. Members of City Council Page 2 III. Issues: IV. A. Funding B. Timing Alternatives: Authorize the City Manager to execute, on behalf of the City, the three-party agreement for the adjustment of electric utilities on the Wells Avenue Project~ and to furnish a resolution to VDOT requesting that these utilities be placed underground as a part of the project, further assuring VDOT that future utility facilities shall not be permitted overhead along the project limits, and that the City has available its ~73t600 share of the costs related to this effort. Funding is available in the Transfers to Capital Projects Fund Account No. 001-004-9310-9508 in the amount of }73t600 for payment to VDOT. Funds need to be appropriated to the Wells Avenue Account No. 008-052-9547-9003. Timing is critical. Three-party agreement needs to be quickly executed to maintain accelerated project schedule. Do not authorize the City Manager to execute, on behalf of the City, the three-party agreement for the adjustment of electric utilities on the Wells Avenue Project. 1. Funding is not spent· 2. Timing for accelerated schedule on Wells Avenue is Jeopardized. Recommendation: Authorize the City Manager to execute, on behalf of the City, the three-party agreement with VDOT and APCO for the adjustment of electric utilities required in conjunction with the Wells Avenue roadway Project. B. Approve a resolution requesting that the VDOT have the utility relocations placed underground as a part of the Members of City Council Page 3 Wells Avenue roadway project, indicating that Ordinance No. 22055 for underground utility installations in the Gainsboro Neighborhood Development Project is effective within the limits of the Wells Avenue roadway project. Resolution shall also assure that future utility facilities required for any proposed improvement, including street lighting, shall not be permitted to be placed overhead within any section of the Wells Avenue roadway project where the utility facility was placed underground; and further assure that the City of Roanoke has the financial resources available to pay its ~73~600 share of the costs to place facilities underground as defined in VDOT's policy. C. Appropriate ~73~600 to Wells Avenue Account No. 008-052- 9547-9003. WRH:RKB:Jrm copy: Respectfully submitted, W. Robert Herbert City Manager City Attorney Director of Finance Director of Public Works City Traffic Engineer Office of Management & Budget Construction Cost Technician Accountant, Contracts & Fixed Assets MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk May 6, 1994 File //24-192-247-322-450 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31972-050294 amending and reordaining subsection (b) of Section 26, Rates for use and terms, of the Code of the City of Roanoke (1979), as amended, to provide that one-half of the rent for use of the Civic Center shall be deposited with the City six months in advance of the event, rather than one year in advance of the event. Ordinance No. 31972-050294 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 2, 1994. Sincerely, ~_~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: The Honorable Kenneth E. Trabue, Chief Judge, Circuit Court The Honorable G. O. Clemens, Judge, Circuit Court The Honorable Roy B. Willett, Judge, Circuit Court The Honorable Diane M. Strickland, Judge, Circuit Court The Honorable Clifford R. Weckstein, Judge, Circuit Court The Honorable Joseph M. Clarke, II, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable John B. Ferguson, Judge, Juvenile and Domestic Relations District Court W. Robert Herbert May 6, 1994 Page 2 pc: The Honorable Edward S. Kidd, Jr., Chief Judge, General District Court The Honorable Julian H. Raney, Jr., Judge, Genera! District Court The Honorable Richard Co Pattisall, Judge, General District Court The Honorable Donald S. Caldwell, Commonwealth's Attorney The Honorable Arthur B. Crush, III, Clerk, Circuit Court The Honorable Gordon Eo Peters, City Treasurer Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Ronald S. Albright, Clerk, General District Court Bobby D. Casey, Office of the Magistrate Clayne M. Calhoun, Law Librarian 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 Vernon M. Danielsen, Chairperson, Roanoke Civic Center Commission, 3260 White Oak Road, S. W., Roanoke, Virginia 24014 Bobby E. Chapman, Manager, Civic Center Facilities Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Evelyn Jefferson, Vice President - Supplements, Municipa! Code Corporation, P. O. Box 2235, Tallahassee, Florida 32304 IN THE COUNCIL OF THE CITY OF ROANOKE, The 2nd day of May, 1994. No. 31972-050294. VIRGINIA, AN ORDINANCE amending and reordaining subsection (b) of S24- 26. Rates for use and terms, of the Code of the City of Roanoke (1979), as amended, to provide that one-half of the rent for use of the Civic Center shall be deposited with the City six months in advance of the event, rather than one year in advance of the event, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsection (b) of S24-26, Rates for use and terms, of the Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: Sec. 24-26 Rates for use and terms. (b) A cash deposit or certified check equal to one-half of the rent shall be deposited with the city six months in advance of the event or with the return of the contract, whichever is later. The balance of the rent shall be paid upon completion of the event unless otherwise agreed. In the case of a public ticket sale where monies from ticket sales on deposit in the civic center box office would equal or exceed the balance of the rent, this requirement may be waived by the civic center manager. In negotiating contracts for use of the civic center, the civic center manager may, with the written approval of the city manager and for good cause appearing to the city manager, reduce, waive or enlarge any of the requirements set forth in this subparagraph. 2. In order to provide for the usual daily operation of the municipal government, ordinance shall be in an emergency is deemed to exist, and this full force and effect upon its passage. ATTEST: City Clerk. May 2, 1994 The Honorable Mayor David A. Bowers and Members, Roanoke City Council Roanoke, Virginia Dear Mayor and Members of Council: SUBJECT: Requested Amendments to City Code Section 24-26(b) Deposit Schedule for Civic Center Events The Civic Center Commission considered the attached staff report on April 25, 1994. The Commission recommends that Council amend City Code Section 24-26(b) to provide for the following: (b) A cash deposit or certified check equal to one- half of the rent shall be deposited with the city six months in advance of the event or with the return of the contract, whichever is later. The balance of the rent shall be paid upon completion of the event unless otherwise agreed. In the case of a public ticket sale where monies from ticket sales on deposit in the civic center box office would equal or exceed the balance of the rent, this requirement may be waived by the civic center manager. In negotiating contracts for use of the civic center, the civic center manager may, with the written approval of the city manager and for good cause appearing to the city manager, reduce, waive or enlarge any of the requirements set forth in this subparagraph. The Civic Center Manager may authorize adjustments of this scheduling as required to provide for proper utilization of the Civic Center facilities in keeping with Civic Center scheduling policies in general. Respectfully subm~'~h Vernon M. Danielsen, Chairman Civic Center Commission cc: City Manager City Attorney Director of Finance Civic Center Manager M E M 0 R A N D U M DATE: TO: THRU: FROM: April 25, 1994 Chairman Danielsen and Members of Roanoke Civic-Center . iss' ·  irector of Utilities and Operations Bob~Chapman, Manager, Civic Center SUBJECT: Revised Scheduling Policy I. BACKGROUND: Current schedulinq policy was adopted February 16, 1988, as Section IV of the Civic Center Marketing Plan. Revisions are needed in the scheduling policy to address current scheduling issues, challenges, hold sequences, and appropriate deposits. Co City Code Section 24-26(b) requires a deposit equal to one-half (½) of the rent one year before the event or upon execution of an event contract. Both City Code Section 24-26(b) and current schedulinq policy need amendments to provide for a different scheduling policy. II. CURRENT SITUATION: Chanqes in the entertainment and convention market, primarily the imminent re-opening of Hotel Roanoke and III. the need to hold block dates for professional sporting events create the need to make changes in our scheduling policy. B. Seven (7) other venue schedulinq policies have been reviewed during the consideration of needed changes in our policy. RECOMMENDATION: Civic Center Commission take the following action: Delete the current Civic Center scheduling policy, known as the Booking Policy, from the existing marketing plan. also Bo Concur in the attached proposed event scheduling policy to apply to all events upon City Council approval of an amendment to City Code Section 24-26(b). Recommend to City Council that City Code Section 24- 26(b) be amended to provide for the fifty percent (50%) deposit to be deposited with the city six months in advance of the event. KBK/hw cc: City Manager Legal Counsel Secretary EVENT SCHEDULING POLICY STATEMENT OF PURPOSE The purpose of this scheduling policy is to establish priorities to maximize revenues and facility usage, while balancing the economic effect on the City of Roanoke. SCHEDULING PRIORITIES FIRST PRIORITY First priority for the scheduling of facilities in the Roanoke Civic Center is to make dates available to national promoters and tour directors and amateur and professional sports officials to promote top revenue producing arena events and to make dates available to national, regional, and state conventions which generate significant economic impact for the City of Roanoke. Facility and space commitments for first priority events and activities may be made as far in advance as is necessary or appropriate and may supersede requests by second priority events and activities scheduled more than 12 months from the event date. For activities which are considered to be competing for the same audience and/or ticket buyers (i. e., concerts, ice shows, tractor-pulls, circuses, etc.), the Civic Center management may maintain a waiting period before and after an existing event competing for essentially the same patrons. The waiting period should be established according to acceptable industry standards depending on the event. Furthermore, Civic Center management may 1 at its own discretion, limit the number of competing activities presented during any given period. The Civic Center reserves the right to block dates to allow sufficient time to schedule first priority events. SECOND PRIORITY Second priority for the scheduling of facilities in the Roanoke Civic Center is to make dates available to consumer or public exhibitions, tradeshows, corporate meetings, special events, banquets, business meetings, dances and other activities. Facility and date scheduling commitments for second priority events and activities made more than twelve (12) months in advance are subject to change to accommodate first priority events. However, events that meet the following criteria will be treated as first priority events: 1. Event must have been held in civic Center a minimum of five consecutive years prior to the date of this booking policy. 2. Event must have used a minimum of 35,000 square feet. Events that meet these criteria are exempted because of their proven record of success and significant economic impact. Should any of these events not renew their dates in any given year, the event will then be treated as a second priority event. License agreements issued more than twelve the event. for second priority events will not be (12) months in advance of the date(s) of For activities which are considered to be competing for specialized consumer shows (i. e., boat shows, automobile shows, antique shows, flea markets, business equipment shows, etc.), the civic Center management may use discretion in maintaining a waiting period prior to and after an existing event competing for essentially the same special market. Furthermore, the Civic Center management may limit the number of competing activities presented during a given twelve month period. SCHEDULING In order to hold a date(s), the lessee must indicate the exact name of the act/activity involved. Substitutions of acts/activi- ties for a date(s) voids the hold. In the process of scheduling facilities and dates, the following terms and definitions shall apply to scheduling commitments: TENTATIVE First Option - Requests for tentative dates that are made inside twelve (12) months of the event are held for two (2) weeks, after which time the Roanoke Civic Center management reserves the right to book another event on the date(s) being held, without notification to the potential lessee. Those desiring date(s) to be held more than two (2) weeks without an executed license agreement should make a request to the civic Center management and with management's approval, will be granted up to a two (2) week extension. Potential lessees shall not assign or transfer any right or interest in tentative hold dates, including, without limitation, the right to receive any payment, without city's approval of such assignment. Any such assignment without approval of City shall be null and void. When a license agreement is fully executed and appropriate deposit is received, tentative dates then receive the status of confirmed. Second Option - Facilities and dates reserved on a second option are held pending execution of a license agreement or the release of first option hold dates. In the event the first option hold dates are released, second option hold dates receive first option status upon notification to the second option holder. Challenqes - If a potential lessee makes a request for a tentative date being held by another party, they will be given a second option. If the second option holder wants to challenge the date(s), Civic Center management will give the first option holder written notice of the challenge and the first option holder will have seventy-two (72) hours to make a non-refundable deposit pursuant to the deposit schedule. Upon payment of the deposit, the first option holder will be granted the date and will have fourteen (14) days from the date of receipt of the deposit to sign and return a license agreement. If the executed license agreement is not received by the Civic Center within 14 days, the date will then be made available to the second option holder. The second option holder will have 72 hours from his receipt of written notice of the availability of the date to make a non-refundable deposit of 50% of the basic facility fee and sign a license agreement. First priority events may challenge other first priority events unless a license agreement has been executed. First priority events may challenge second priority events scheduled less than 12 months out unless a license agreement has been executed. Second priority events may challenge first priority events scheduled less than 12 months out unless a license agreement has been executed. Hold Sequences - When two (2) potential lessees are vying for the same act, the promoter who signs the contract with the act receives the license agreement for the date(s) regardless of the hold sequence. CONFIRMED Facilities and dates are considered confirmed only upon execution of a Roanoke civic Center License Agreement (including appropriate deposit) by the event sponsor and the Civic Center Manager specifying all details of the commitment. Upon preparation of the license agreement, the original and one copy indicating the portion of the civic Center to be leased and a cover letter detailing instructions will be mailed to the event sponsor. From the date of the cover letter, the Civic Center will continue holding the date(s) without a properly executed license agreement for fourteen (14) days. If the properly executed license agreement is not returned within this time limit, the Civic 5 Center may contract with other parties for the use of the space on the same date(s) without notification to the potential lessee. The original as well as the copy must be signed and returned to the civic Center along with the required deposit. The civic Center Manager will then sign and return the fully executed copy to the licensee. The properly executed insurance certificate must be license agreement, deposits and in the office of the civic Center manager seven (7) working days prior to the event or the civic Center reserves the unqualified right to cancel the event. Persons booking events less than seven days out must provide the aforementioned materials upon booking the date. No variance from the civic Center's license agreement may be made in any case except upon prior written approval of the civic Center Manager. All requests for changes to license agreement must be received at least 14 days prior to event. DEPOSIT SCHEDULES Deposits are required for all activities upon execution of the license agreement. Licensee shall pay to city the initial required deposit in form acceptable to city as per the following schedule: DATE EVENT BOOKED DEPOSIT AMOUNT 0 6 Months Out 50% of required basic facility fee with the return of the license agreement. 6 - 12 Months Out 10% of required basic facility fee with the return of the license agreement. An additional 40% deposit will be due six months from the first day of the event. 6 12 + Months Out 10% of required basic facility fee with the return the license agreement. An additional 40% deposit will be due six months from the first day of the event. Challenged Date Challenger pays 50% of required basic facility fee immediately upon securing the date(s) challenged. The balance of the rent shall be paid upon completion of the event unless otherwise agreed. Deposits not conforming to the above schedule shall cause the lessee to forfeit any initial deposit made and the release of all date(s) for the event. License agreements will be issued one year in advance of the event or immediately if the event is booked less than twelve (12) months from the requested date. 7