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HomeMy WebLinkAboutCouncil Actions 07-24-95PARROTT 32576 REGULAR WEEKLY SESSION ROANOKE CITY CO UNCIL CITY COUNCIL CHAMBER July 24, 1995 3:00p. m. AGENDA FOR THE COUNCIL 1. Call to Order =- Roll Call. Council Member Wyatt was absent. The Invocation was delivered by The Reverend G. Ernest Deyerle, II, Pastor, Red Hill Church of the Brethren. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. ANNOUNCEMENTS: None. 2. CONSENT AGENDA (APPROVED 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. 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 C-3 A communication from Mayor David A. Bowers requesting an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: File #110-132 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 transmitting Part IV of the 1995 State of the City report with regard to the Mill Mountain Incline. RECOMMENDED ACTION: Refer to the City Manager for appropriate File #67-80-110-132-525 response and implementation. Minutes of the Audit Committee of Roanoke City Council held on Monday, June 26, 1995. RECOMMENDED ACTION: Receive and file. File #110-132-300 C-4 C-5 C-6 A communication fi.om Melinda J. Payne tendering her resignation as a member of the Roanoke Civic Center Commission effective July 1, 1995. RECOMMENDED ACTION: Receive and file the communication and accept File #15-110-192 the resignation with regret. A report of the Acting City Manager requesting an Executive Session to discuss a matter with regard to disposition of publicly held property, specifically sale of certain personal property and intangible assets of the City, pursuant to Section 2.1-344 (A)(3), Code of Vir~nia 0950), as amended. RECOMMENDED ACTION: File #1:12-166 Concur in request to convene in Executive Session to discuss a matter with regard to disposition of publicly held property, specifically sale of certain personal property and intangible assets of the City, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. Qualification of Jeannette E. Hardin as a member of the Personnel and Employment Practices Commission for a term ending June 30, 1997. RECOMMENDED ACTION: Receive and file. File #15-110-202 REGULAR AGENDA 3. HEAR1NG OF CITIZENS UPON PUBLIC MATTERS: a. OTHER HEARINGS OF CITIZENS: Arthur L. Pendleton, Vice-President of Operations, Roanoke Gas Company, appeared before Council and presented a communication with regard to gas leakage in the Summit Hills area of the City. Received and filed. File #57-66-458-488 4. PETITIONS AND COMMUNICATIONS: A communication fi.om Robert F. Rider, Attorney, representing James L. Viar, requesting favorable consideration of Mr. Viar's request to retire under the "old plan" of the City of Roanoke Employees' Retirement System. Received and filed. File #5-184-202-429 A communication fi.om The Honorable Donald S. Caldwell, Commonwealth's Attorney, recommending acceptance of and continued participation in funding for certain Drug Prosecutor positions through the State Compensation Board, in the amount of $80,523.00, for the period of July l, 1995 through June 30, 1996; and a report of the City Manager concurring in the recommendation. Adopted Budget Ordinance No. 32576-072495 and Resolution No. 32577-072495. (6-0) File #60-76-133-184-236 5. REPORTS OF OFFICERS: a. CITY MANAGER: A status report with regard to emergency repairs on Towne Square Boulevard, N. W. Received and filed. File #27-183-237-297-514 ITEMS RECOMMENDED FOR ACTION: A report recommending execution of a Community Development Block Grant Mini Grant contract amendment with the Hurt Park Neighborhood Association. Adopted Resolution No. 32578-072495. (6-0) File #165-236-472-488 A report recommending execution of an amendment to the City's agreement with the West End Center, Inc., for rehabilitation of the Center's building located at 1226 Patterson Avenue, S. W.; and transfer of funds in connection therewith. Adopted Budge~ Ordinance No. 32579-072495 and Resolution No. 32580-072495. (6-0) File #236-296 A report recommending execution of Amendment No. 2 to the City's agreements for bridge inspection consulting services with Hayes, Seay, Mattem & Mattem, Inc., and Mattem & Craig, Inc. Adopted Resolution No. 32581-072495. (6-0) File #9-77-102-405 A report recommending transfer of $150,000.00 fxom the General Fund to the Capital Projects Fund to a new account entitled "Bridge Maintenance 1995/96." Adopted Budget OrdInance No. 32582-072495. (6-0) File #60-102-514 A report recommending award of a contract to Delta Graphic, Inc., in the mount of$114,895.60, to restore 522 seats and replace 522 seats in the Roanoke Civic Center Coliseum; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 32583-072495 and Ordinance No. 32584-072495. (6-0) File #60-62-192-270-472 A report recommending appropriation of $46,050.00 fi.om the Civic Center Prior Year Retained Earnings Account to provide for purchase of one new ice resurfacing machine and one ice edging machine at the Roanoke Civic Center. Adopted Budget Ordinance No. 32585-072495. (6-0) File 060-192-270-472 A report recommending acceptance of the bid submitted by G-r/ffin Pipe Products Company to provide ductile iron water pipe to the City for a period of one year; and that all other bids received by the City be rejected. Adopted Resolution No. 32586-072495. (6-0) File #60-45-467-472 A report recommending approval of the use of credit card payments for collection of emergency medical services user fees. Adopted Resolution No. 32587-072495. (6-0) File #58-111-354 b. DIRECTOR OF FINANCE: 1. A financial report for the month of June, 1995. Received and fled. File #1-10 c. CITY ATTORNEY: 6 A report recommending adoption of a measure establishing a penalty for use of a disabled parking space by a driver who is not disabled or transporting a disabled person. Adopted Ordinance No. 32588-072495. (6-0) File #24-137-353 6. REPORTS OF COMMITTEES: ao A report of the Water Resources Committee recommending authorization .fa conditional permit to the property owner at 2231 Windsor Avenue, S. W., Official Tax No. 1440112, for extension of a wooden fence approximately 2.8 feet into the right-of-way of the adjacent alley along the side ofthe property. Cotmcil MemberEliT~beth T. Bowles, Chairperson. Adopted Ordinance No. 32589 on first reading. (6-0) File #166-169-468-514 7. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: Ordinance No. 32573, on second reading, permanently vacating, discontinuing and closing a portion .fa certain alley situate between Day Avenue and the former and now vacated Marshall Avenue, S. W., extending westerly fi.om Franklin Road to a point at the northwesterly comer of Lot 27, Section 6, Lewis Addition. Adopted Ordinance No. 32573-072495. (6-0) File #215-514 Ordinance No. 32574, on second reading, rezoning a tract of land located at 2219 Franklin Road, S. W., containing .48 acre, more or less, described as Official Tax No. 1150108 and a portion of Official Tax No. 1150111, from LM, Light Manufacturing District, to C-2, General Commercial District. Adopted Ordinance No. 32574-072495. (6-0) File #51 Ordinance No. 32575, on second reading, mending and reordaining Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979), as amended, by enacting new Article V, lf~epJllg_~ Ill~lll~lli~2qh~, to provide for regulation of inoperative vehicles in residential, commercial or agricultural districts, and appropriate procedures for the removal and disposition of unlawfiflly kept inoperative vehicles; repealing Section 36.1-563, /~lgli.caal~l, Section 36.1-564, Keeping of inoperative vehicles, and Section 36.1-565, Remov~ of iaollglttli3Le,~li~d, of Division 13, ~, of Chapter 36.1, Zo. aillg, of the Code of the City of Roanoke (1979), as amended; and providing for an effective date. Adopted Ordinance No. 32575-072495. (6-0) Fileg20-24-51 9. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTHER HEARINGS OF CITIZENS: CERTIFICATION OF EXECUTIVE SESSION. (6-0) Appointed the following persons: Dennis Tinsley File #110-237 Flood Plain Committee 8 James M. Turner, Jr. Roanoke Regional Airport Commission File #9-15-110 Audrey M. Wheaton File #15-110-467 Ann J. Francis File #72-110 Reappointed the following persons: David Hill File #15-110-230 Harold P. Kyle File #110-318 Virginia Western Community College Board Roanoke Interagency Council Roanoke Arts Commission - Citizens Services Committee Harold L. Shaffer File #110-237 Flood Plain Committee Pearl Fu - Special Events Committee *Peter R. Lampman - Special Events Committee *waived City residency requirement File #8% 110-317 NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. Reasonable efforts will be made to provide adaptations or accommodations, based on individual needs, for qualified individuals with disabilities in any program or service offered by the City Clerk's Office on behalf of the Council, provided that reasonable advance notification has been received. 9 City Clerk's Office City of Roanoke, Virginia July 31, 1995 Michael Meise Acting Law Librarian Roanoke, Virginia Dear Mr. Meise: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32575-072495 Ordinance No. 32588-072495 The aboveroferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eric. City Clerk's Office City of Roanoke, Virginia July 31, 1995 Mariam K. Alam Neighborhood Partnership Coordinator Roanoke, Virginia Dear Ms. Alam: I am attaching copy of the following measure that pertains to your department: Resolution No. 32578-072495 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eric. City Clerk's Office City of Roanoka, Virginia July 31, 1995 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32573-072495 Ordinance No. 32574-072495 Ordinance No. 32575-072495 Budget Ordinance No. 32576-072495 Resolution No. 32577-072495 Resolution No. 32578-072495 Budget Ordinance No. 32579-072495 Resolution No. 32580-072495 Resolution No. 32581-072495 Budget Ordinance No. 32582-072495 Budget Ordinance No. 32583-072495 Ordinance No. 32584-072495 Budget Ordinance No. 32585-072495 Resolution No. 32586-072495 Resolution No. 32587-072495 Ordinance No. 32588-072495 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. If you have questions, please do not hesitate to call me. Sincarely, PA.,.2,,.~--. Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia July 31, 1995 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32575-072495 Budget Ordinance No. 32578-072495 Resolution No. 32577-072495 Resolution No. 32578-072495 Budget Ordinance No. 32579-072495 Resolution No. 32580-072495 Resolution No. 32581-072495 Budget Ordinance No. 32582-072495 Budget Ordinance No. 32583-072495 Ordinance No. 32584-072495 Budget Ordinance No. 32585-072495 Resolution No. 32586-072495 Resolution No. 32587-072495 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia July 31, 1995 Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia Dear Mr. Dibling: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32573-072495 Ordinance No. 32574-072495 Ordinance No. 32575-072495 Resolution No. 32577-072495 Resolution No. 32578-072495 Resolution No. 32580-072495 Resolution No. 32581-072495 Ordinance No. 32584-072495 Resolution No. 32586-072495 Resolution No. 32587-072495 Ordinance No. 32588-072495 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eric. City Clerk's Office City of Roanoke, Virginia July 31, 1995 Steven J. Talevi Assistant City Attorney Roanoke, Virginia Dear Mr. Talevi: I am attaching copy of the following measures that pertain to the City Attorney's Office: Ordinance No. 32573-072495 Ordinance No. 32574-072495 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F, Parker, CMC/AAE City Clerk MFP:sm Eric. City Clerk's Office City of Roanoke, Virginia July 31, 1995 Diane S. Akers Budget Administrator Office of Management and Budget Roanoke, Virginia Dear Ms. Akers: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 32576-072495 Resolution No. 32577-072495 Resolution No. 32578-072495 Budget Ordinance No. 32579-072495 Resolution No. 32580-072495 Resolution No. 32581-072495 Budget Ordinance No. 32582-072495 Budget Ordinance No. 32583-072495 Ordinance No. 32584-072495 Budget Ordinance No. 32585-072495 Resolution No. 32586-072495 Resolution No. 32587-072495 The abovereferanced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia July 31, 1995 Deborah J. Moses, Chief Billings and Collections Roanoke, Virginia Dear Ms. Moses: I am attaching copy of the following measure that pertains to your department: Resolution No. 32587-072495 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia July 31, 1995 Kit B. Kiser, Director Utilities and Operations Roanoke, Virginia Dear Mr. Kiser: I am attaching copy of the following measures that pertain to your directorate: Resolution No. 32581-072495 Budget Ordinance No. 32582-072495 Budget Ordinance No. 32583-072495 Ordinance No. 32584-072495 Budget Ordinance No. 32585-072495 Resolution No. 32586-072495 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia July 31, 1995 George C. Snead, Jr., Director Public Safety Roanoke, Virginia Dear Mr. Snead: I am attaching copy of the following measures that pertain to your directorate: Budget Ordinance No. 32576-072495 Resolution No. 32577-072495 Resolution No. 32587-072495 Ordinance No. 32588-072495 The aboveraferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia July 31, 1995 William F. Clark, Director Public Works Roanoke, Virginia Dear Mr. Clark: I am attaching copy of the following measures that pertain to your directorate: Ordinance No. 32573-072495 Ordinance No, 32574-072495 Ordinance No. 32575-072495 Resolution No. 32578-072495 Budget Ordinance No. 32579-072495 Resolution No. 32580-072495 Resolution No. 32581-072495 Budget Ordinance No. 32582-072495 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia July 31, 1995 Charles M. Huffine City Engineer Roanoke, Virginia Dear Mr. Huffine: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32573-072495 Ordinance No. 32574-072495 Budget Ordinance No. 32579-072495 Resolution No. 32580-072495 Resolution No. 32581-072495 Budget Ordinance No. 32582-072495 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eric, City Clerk's Office City of Roanoke, Virginia July 31, 1995 Ellen S. Evans Construction Cost Technician Roanoke, Virginia Dear Ms. Evans: I am attaching copy of the following measures that pertain to the Engineering Department: Resolution No. 32581-072495 Budget Ordinance No. 32582-072495 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm En¢. City Clerk's Office City of Roanoke, Virginia July 31, 1995 Ronald H. Miller Building Commissioner Roanoke, Virginia Dear Mr. Miller: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32573-072495 Ordinance No. 32574-072495 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia July 31, 1995 John R. Marlles, Chief Planning and Community Development Roanoke, Virginia Dear Mr. Marlles: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32575-072495 Resolution No. 32578-072495 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia July 31, 1995 Charles A. Harlow Acting Grants Monitoring Administrator Grants Compliance Roanoke, Virginia Dear Mr. Hartow: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 32576-072495 Resolution No. 32577-072495 Resolution No. 32578-072495 Budget Ordinance No. 32579-072495 Resolution No. 32580-072495 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia July 31, 1995 M. David Hooper, Chief Police Department Roanoke, Virginia Dear Mr. Hooper: I am attaching copy of the following measure that pertains to your department: Ordinance No. 32588-072495 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia July 31, 1995 Bobby E. Chapman, Manager Civic Center Facilities Roanoke, Virginia Dear Mr. Chapman: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 32583-072495 Ordinance No. 32584-072495 Budget Ordinance No. 32585-072495 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia July 31, 1995 D. Darwin Roupe, Manager Supply Management Roanoke, Virginia Dear Mr. Roupe: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 32583-072495 Ordinance No. 32584-072495 Budget Ordinance No. 32585-072495 Resolution No. 32586-072495 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia July 31, 1995 M. Craig Sluss, Manager Water Department Roanoke, Virginia Dear Mr. Sluss: I am attaching copy of the following measure that pertains to your department: Resolution No. 32586-072495 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 31, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia July 31, 1995 Evelyn D. Dorsey Zoning Administrator Roanoke, Virginia Dear Ms. Dorsey: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32574-072495 Ordinance No. 32575-072495 The abovereferancad measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia July 31, 1995 Wanda L Reed, Manager Emergency Services Roanoke, Virginia Dear Ms. Reed: I am attaching copy of the following measure that pertains to your department: Resolution No. 32587-072495 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia July 31, 1995 Willard N. Claytor Director of Real Estate Valuation Roanoke, Virginia Dear Mr. Claytor: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32573-072495 Ordinance No. 32574-072495 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. If you have questions, please do not hesitate to cell me. Sincerely, MFP:sm Enc. pc: Mary F. Parker, CMC/AAE City Clerk Kathy Brickey, Accountant Technician, Real Estate Valuation City Clerk's Office City of Roanoke, Virginia July 31, 1995 The Honorable Donald S. Caldwell Commonwealth's Attorney Roanoke, Virginia Dear Mr. Caldwell: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32575-072495 Budget Ordinance No. 32576-072495 Resolution No. 32577-072495 Ordinance No. 32588-072495 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. If you have questions, please do not hesitate to call me. Sincerely, Man/F, Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia July 31, 1995 Patsy A. Bussey, Clerk Juvenile and Domestic Relations District Court Roanoke, Virginia Dear Ms. Bussey: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32575-072495 Ordinance No. 32588-072495 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia July 31, 1995 The Honorable Roy B. Willett, Chief Judge The Honorable G. O. Clemens, Judge The Honorable Clifford R. Weckstein, Judge The Honorable Diane McQ. Strickland, Judge The Honorable Richard C. Pattisall, Judge The Honorable Robert P. Doherty, Judge Twenty-Third Judicial Circuit Roanoke, Virginia Dear Judge Willett, Judge Clemens, Judge Weckstein, Judge Strickland, Judge Pattisall and Judge Doherty: I am attaching copy of the following measures that pertain to the Circuit Court: Ordinance No. 32575-072495 Ordinance No. 32588-072495 The abovereferencad measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia July 31, 1995 The Honorable Roy B. Willett, Chief Judge The Honorable G. O. Clemens, Judge The Honorable Clifford R. Weckstein, Judge The Honorable Diane McQ. Strickland, Judge The Honorable Richard C. Pattisall, Judge The Honorable Robert P. Doherty, Judge Twenty-Third Judicial Circuit Roanoke, Virginia Dear Judge Willett, Judge Clemens, Judge Weckstein, Judge Strickland, Judge Pattisall and Judge Doherty: I am attaching copy of the following measures that pertain to the Circuit Court: Ordinance No. 32575-072495 Ordinance No. 32588-072495 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia July 31, 1995 The Honorable Joseph M. Clarke, II, Chief Judge The Honorable John B. Ferguson, Judge The Honorable Philip Trompeter, Judge The Honorable Joseph P. Bounds, Judge Juvenile and Domestic Relations District Court Roanoke, Virginia Dear Judge Clarke, Judge Ferguson, Judge Trompeter and Judge Bounds: I am attaching copy of the following measures that pertain to the Juvenile and Domestic Relations District Court: Ordinance No. 32575-072495 Ordinance No. 32588-072495 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMCiAAE City Clerk MFP:sm Enc, City Clerk's Office City of Roanoke, Virginia July 31, 1995 The Honorable Julian H. Raney, Jr., Chief Judge The Honorable George W. Harris, Jr., Judge The Honorable John L. Apostolou, Judge The Honorable Vincent A. Lilley, Judge The Honorable William D. Broadhurst, Judge General District Court Roanoke, Virginia Dear Judge Raney, Judge Harris, Judge Apostolou, Judge Lilley and Judge Broadhurst: I am attaching copy of the following measures that pertain to the General District Court: Ordinance No. 32575-072495 Ordinance No. 32588-072495 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Offioe City of Roanoke, Virginia July 31, 1995 The Honorable Arthur B. Crush, III Clerk of Circuit Court Roanoke, Virginia Dear Mr. Crush: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32575-072495 Ordinance No. 32588-072495 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia July 31, 1995 Ronald S. Albright, Clerk General District Court Roanoke, Virginia Dear Mr. Albright: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32575-072495 Ordinance No. 32588-072495 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia July 31, 1995 Bobby D. Casey Office of the Magistrate Roanoke, Virginia Dear Mr. Casey: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32575-072495 Ordinance No. 32588-072495 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. 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 July 24, 1995 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: 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, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 28, 1995 File #67-80-110-132-525 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am enclosing copy of a communication from Mayor David A. Bowers transmitting Part IV of his 1995 State of the City report with regard to the Mill Mountain Incline, which communication was before the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. On motion, duly seconded and adopted, the matter was referred to you for appropriate response and implementation. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: William F. Clark, Director, Public Works John W. Coates, Manager, Parks and Recreation/Grounds Maintenance 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 July 18, 1995 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: I am enclosing my 1995 State of the City, Part IV, for your perusal. I would respectfully request that this matter be placed on the Consent Agenda for the Roanoke City Council meeting scheduled on Monday, July 24, 1995, and thereafter be referred to the City Manager for the appropriate response and implementation. Best personal regards to each of you. Sincerely, David A. Bowers Mayor DAB :jas Enclosures 1995 State of the City -- Part IV Mill Mountain Incline July 12, 1995 Mayor David A. Bowers I am pleased to be here before our famous Star on Mill Mountain this morning to honor M. Carl Andrews. He was a strong defender of this mountain, and recognized, perhaps more than others, the truly unique nature of the very existence of this mountain in our great City. Mr. Andrews, along with our current Mill Mountain Development Committee, have as their task the preservation and conservation of this unique natural resource, but at the same time, we all join in making sure that this mountain will not be negiected. Accordingly, I am proposing today that City Council direct the City Manager to formulate a task force with the purpose of seeking ways to connect Mill Mountain to downtown Roanoke, our other destination attraction here in the City of Roanoke. Yesterday, we announced "outlook -- downtown Roanoke." Today, we announce "lookout -- o__~n downtown Roanoke." In my term as Mayor, I continue to emphasize tourism initiatives, including the opening of The Hotel Roanoke and Conference Center, the development of the railwalk, and funding to the Virginia Museum of Transportation, increased funding for the Roanoke Valley Convention and Visitors Bureau, and continued funding for Explore Park. I am convinced that we cannot neglect this most valuable resource, namely, Mill Mountain, in that equation and that it is prudent to consider ways in which to connect the mountain to other areas of our City. I am really talking about a better and more unique transportation access to the top of the mountain. Some form of alternative access would be a tourism draw, and would be an exciting future project for our City. It is time to bring back the tram to Mill Mountain... or provide some other alternative access to connect the mountain to the City. Thus far, I have heard of the following proposals: 1. Reinstituting of the historic tram line on the west side of Mill Mountain. 2. Installation of a tram line on the north face of the mountain. Development of a gondola from Mill Mountain to an area just south of downtown Roanoke. Development of a cable car along the Fishburn Parkway to the top of the mountain. 5. There may be other suggestions. I would ask that the financial involvement of the City remain only as a proprietor of this precious park, or in a limited way for a feasibility study. 2 In an effort toward privatization and public/private partnership, it would be my hope that this project, though planned by our community, would be operated on a contractual, private, and hopefully profitable basis by private business. This project is only conceptual in nature at this time, but many, many citizens of our community, particularly over recent months, have talked to me about the need for alternative transportation access to Mill Mountain. Visitors who have traveled to Lookout Mountain in Chattanooga, or visited other mountain tramways or gondolas, know that they are exciting tourism destination projects and, from the many Roanokers who have talked to me, I am now convinced that it is time for Roanoke, as we look into the next century, to begin planning our alternative access project for Mill Mountain. You will never regret the trip! I am requesting that this matter be placed on the next Consent Agenda for Roanoke City Council, and thereafter be referred to the City Manager for the appropriate response and implementation. MINUTES OF THE AUDIT COMMITTEE OF ROANOKE CITY COUNCIL June 26, 1995" 1. Call to or,er: The meeting of the Roanoke city Audit Committee was called to order at 2:08 p.m. on June 26, 1995, with Chairman William White, Sr., presiding. · The roll was called by Mrs. Barger Audit Committee Members Present: William White, Sr., chairman Mayor David A. Bowers John S. Edwards Others Present: Robert H. Bird, Municipal Auditor W. Robert Herbert, City Manager William X Parsons, Assistant City Attorney James D. Grisso, Director of Finance Marsha C. Fielder, Commissioner of the Revenue Kit B. Kiser, Dir of Utilities & Operations Ronald H. Miller, Building Commissioner John Coates, Manager Parks & Recreation Deborah Moses, Chief of Billings & Collections James A. McClung, Manager Fleet Management Kenneth F. Mundy, Controller School Board Kathy Cox, Systems Development Administrator Stephen A. Mancuso, General Manager, GRTC Kathryn V. Pruitt, Asst General Manager, GRTC Thomas F. Baldwin, Assistant Municipal Auditor Evelyn W. Barger, Administrative Assistant Denise E. Stewart, Senior Auditor Judy M. Taylor, Auditor John S. Aldridge, Auditor EXTERNAL AUDITS: KPMG Peat Marwick · General Audit Plan Fiscal Year Ending June 30, 1995 The motion was made by Vice Mayor Edwards and seconded by Mayor Bowers to receive and file the General Audit Plan for Fiscal Year Ending June 30, 1995. The motion was approved unanimously. Mr. White noted that both Mr. McQuade and Mr. Collis from KPMG Peat Marwick were out of town on other business and sent their regrets that they could not be at the meeting. Minutes Audit committee Meeting Page B. Auditor of Public Accounts · Clerk of Circuit Court Audit Report June 30, 1994 The motion was made by Mayor Bowers and seconded by Vice Mayor Edwards to receive and file the Auditor of Public Accounts Clerk of Circuit Court June 30, 1994, report. The motion was approved unanimously. There were no questions or comments. C. Munloipal Auditing Jail Inmate Fund Sheriff's Canteen Fund Roanoke city School Activity Funds Planning Memo The motion was made by Vice Mayor Edwards and seconded by Mayor Bowers to receive and file the Jail Inmate Fund, Sheriff's Canteen Fund, and the Roanoke City School Activity Funds Planning Memo audit reports. The motion was approved unanimously. Mr. White recognized Mr. Bird for comments by the audit staff. The Committee had no questions on the reports presented by Mrs. Stewart and Mr. Bird. INTERNAL AUDITS A. Controls Evaluatlons · Parks & Rec Part-time Payroll The motion was made by Mayor Bowers and seconded by Vice Mayor Edwards to receive and file the Parks & Rec Part-time Payroll audit report. The motion was approved unanimously. Mr. White recognized Mr. Bird who asked Mrs. Stewart to summarize the report. Vice Mayor Edwards asked if Municipal Auditing would re-evaluate this area and verify the progress. Mr. Bird said that Auditing will re-evaluate the area in fiscal year 1996. · Parking Operations The motion was made by Vice Mayor Edwards to receive and file the Parking Operations audit report. Mayor Bowers seconded the motion so that the report could be brought up for discussion. During the discussion, Mayor Bowers addressed concerns regarding the wording of the report. The motion to receive and file was approved with Mayor Bowers voting no. Minutes &udit committee Meeting Page 3 Mayor Bowers asked if Municipal Auditing would re- evaluate this area and verify the progress. Mr. Bird said that Auditing will re-evaluate the area in fiscal year 1996. Vice Mayor Edwards asked what benefit the city receives from having Republic Parking manage the parking operations vs. the City managing it. Mr. Kiser, who is the Director over the city's parking facilities, said that the major benefit to the city is reduced labor cost. B. Substantive Testing Ce Police Department Cash Funds · Building Inspections System Development city-Wide Billings & Receivables D. Preliminary Survey Social Services The motion was made by Vice Mayor Edwards and seconded by Mayor Bowers to receive and file the above audit reports. The motion was approved unanimously. Mr. White recognized Mr. Bird for comments by the audit staff. The Committee had no questions on the Police Department Cash Funds audit report presented by Ms. Taylor. Mr. Aldridge briefed the committee on the Building Inspections audit report. Mr. Bird reported that the Building Inspections Task Force recently visited the Charlotte, NC Building Standards Department and was impressed with their system. The task force will recommend system changes soon. Vice Mayor Edwards asked if city Council had approved communications equipment for the Building Inspections department. Mr. Miller replied that cellular telephones had been requested in a supplemental budget which was not approved. The Committee had no questions on the city-Wide Billings & Receivables audit report presented by Mr. Baldwin or the social Services audit report presented by Mr. Aldridge. Minutes Audit Com~ttee Meeting Page 4 4® UNFINISHED BUSINESS: Mr. Bird briefed the Committee on the Records Management Audit. He reported that each department is completing an inventory of record series. Auditing is determining records volume and the retention period. At the end of the audit work, details will be presented to the City Manager. A formal report will be presented to the Audit Committee in September 1995. Mr. Herbert indicated that within 90 days of the Auditor's report, he will recommend a Records Management Program. NEW BUSINESS= Future meetings · September 25, December 26, are scheduled for: 1995 1995 ~DO'OURI~fENT: There being no further business, the meeting adjourned at 2:55 p.m. William White, Sr., Chairman MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 28, 1995 File #110-192 Ms. Melinda J. Payne 301 Rutherford Avenue, N. W. Roanoke, Virginia 24016 Dear Ms. Payne: Your communication tendering your resignation as a member of the Roanoke Civic Center Commission, effective July 1, 1995, was before the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. On motion, duly seconded and adopted, the communication was received and filed and your resignation was accepted. The Members of City Council requested that I express sincere appreciation for your willingness to serve the City of Roanoke as a member Of the Roanoke Civic Center Commission. Please find enclosed a Certificate of Appreciation and an aerialview photograph of the Roanoke Valley which was issued by the Mayor on behalf of the Members Of the Roanoke City Council. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Ms. Melinda J. Payne July 28, 1995 Page 2 pc; Vernon M. Danielsen, Chairperson, Roanoke Civic Center Commission, 3260 White Oak Road, S. W., Roanoke, Virginia 24014 Kit B. Kiser, Director, Utilities and Operations Bobby E. Chapman, Manager, Civic Center Facilities Vivian D. Nelson, Secretary, Roanoke Civic Center Commission 07/07/95 15:17 '~'703 381 1658 NRV BUREAU [~]001 Rmn( 1 imes World-News NEW RIVER VALLEY BUREAU ]dy 7, i995 (703) 381-16~3' HOnorable Mayor David be3 Members of Roanoke 4:iCy Council 21S C3mrch Avenue, SoW. Roanoke, VA 240! I Due to my recenc appoincmenC co dm Roanoke C:ity Scbool Board, ! seat on the Roanoke Civic Cente' Comndssion, errecuv~ jm7 ,, · -- that ~ have made a contrJlmtlon to the success or me omc cemer' commbslon b composed of some of Roandce's Freest cidzens who are co~ to the.~ of our dcy. if ! can ever assist the conndSsiou or dm dvic ceneer scarf in any way, Mermda ]. Payne cc: Vern Datddsea; Civic Center Comndssion Chair ROanoke City AKorne/s office ~LL-O~-lg~ 16:11 ~03 ~E~2 165B 92~ P.O1 July 24, 1995 Honorable Mayor and ~hers of City Council Roanoke, VA RE: Request for Executiv~ Session Dear Mayor and Members of Council: I request that City Council convene in Executive Session to discuss disposition of publicly held property, specifically sale of certain personal property and intangible assets of the city, pursuant to Section 2.1-344(A~ (3), Code of Virginia (1950), as amended. WRH/hw pectfully submitted, Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Glenn D. Radcliffe, Director of Human Development MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 240l 1-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 28, 1995 File #110-202 Kenneth S. Cronin, Secretary Personnel and Employment Practices Commission Roanoke, Virginia Dear Mr. Cronin: This is to advise you that Jeannette E. Hardin has qualified as a member of the Personnel and Employment Practices Commission for a term ending June 30, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Sandra H. Eakin, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Jeannette E. Hardin, do solemnly swear (or affirm) that I will support the Constitution of the United States, md the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Personnel and Employment Practices Commission for a term ending June 30, 1997, according to the best of my ability. So help me God. ARAB. CRUSH, m, CLERK , DEPUTY CLERK [~o~: Roanoke ~s Co~pmj ~t #(763)~83-38~? eB47-95 18:65 To: Steph~nic floon at #~Z~-3H5 8~,of 883 July 24, 1995 Mr. William F. Clark Director Public Works City of Roanoke 215 Church Avenue, S. W. Room 350 Roanoke, VA 24011 Dear Bill: I am writing to follow up on your July 11, 1995 telephone call concerning statements made by Mrs. R. Murphy-Kelso regarding natural gas leaks near the vicinity of 4449 Summitt Drive, N. W. Around 4:00 p.ns, July 10, 1995, Roanoke Gas Company received a call informing us that Mrs. Murphy-Kelso, while addressing City Council, expressed concern regarding several gas leaks in the area of Summitl Drive, N. W. We immediately dispatched an engineering specialist and mobile leak survey equipment to the area. I inspected the worksite myself and had the opportunity to speak with Mrs. Murphy-Kelso upon her return home from the City Council meeting. She explained to me, in detail, her concerns and also expressed here appreciation for our prompt response. Our leak survey specialist inspe~ed the area of Silverwood Road, Stonewall Road, Glenn Ridge Road and Summit Drive. He found gas leaking in ~ont ot'4441 and 4452 Stonewall Road. Because of the small amount of gas present, both of these leaks were categorized as Grade 3 leaks which do not require mediate repair. However, given the nature of the complaint, both of these leaks were repaired on July 12, 1995. As of that time, we were unable to find any other gas leaks in the Summit Drive, N. W. area. Our recurs indicate that we first installed natural gas in this area in 1955. The original 4" bare steel gas main is still in service. These gas facilities were last surveyed tbr gas leaks in June of 1994 when two leaks were wported on Silverwood Road. One of these leaks was repaired in Oetober 1994 and this repair apparently cleared up the second reported leak. In 1995, we have had three reported call-in leaks inthe area, two on Stonewall Road and one on Glenn Ridge Road. They were each repaired within one day of the leak report. Mr. William F. Clark July 24, 1995 Page 2 To: StepMnie ~oon at #ZZ4-3145 883 of 883 Bill, I want to close by mentioning two items. First, we realize that our gas facilities in this area are starting to show signs of aotive oorrosion. However, we had projected at least five to ten years before replacement would be required. We will continue to monitor these facilities and accelerate the replaoement schedule ifneoessary. Secondly, we are very proud of our safety record and our response time to call-in leak reports. We average over lofty oall-in leaks per week and respond to all of them within an average of 17 minutes. Even though many oftbe calls are the result of strange odors and not natural gas, we always encourage our customers to report any suspected gas leak and we will respond promptly. 1 trust this letter answers all of your questions. Please do not hesitate to call me if'you need additional information. Very truly yours, ALP/jpm Mayor David A. Bowers Mrs. Elizabeth Bowles Mr. John S. Edwards Mr. D. Mac McCadden Mr. John H. Parrott Mr. William White, Sr. Ms. Linda Wyatt Arthur L. Pendleton, P. E. Vice President - Operations AUG-07-1995 10: 1~ C703)98~-3897 P.O3 To: Stephanie ~oon at #~4-3145 001 of ~3 Intel FAXability To: Stepbanie Moon From: Roanoke Gas Compan~ Date:8-?-gS Page 001 o£ 003 AUG-O?-I995 10:I1 [703)903-3097 P. 01 MARY F, PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 28, 1995 File #5-184-202-429 Robert F. Rider, Attorney Rider, Thomas, Cleaveland, Ferris and Eakin 22 Luck Avenue, S. W. Roanoke, Virginia 24011 Dear Mr. Rider: Your request on behalf of James L. Viar to retire under the "old plan" of the City of Roanoke Employees' Retirement System, was before the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. On motion, duly seconded and adopted, the request was received and filed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: W. Robert Herbert, City Manager James D. Grisso, Director of Finance Kenneth S. Cronin, Manager, Personnel Department ROBERT F. RIDER RICHARD M. THOMAS WILLIAM H. CLEAVELAND RAPHAEL E. FERRIS LENDEN A. EAKIN LAW OFFICES RIDER, THOMAS, CLEAVELAND, FERRIS & ]~AKIN A PROFESSIONAL CORPORATION 22 LUCK AVENUE, S.W. ROANOKE, VIRGINIA 24011 July 18, 1995 M~iLiNG ~/~DDRESS: P.O. BOX 1791 ROANOKE VA 24008-1791 (703) 344-3233 FACSIMILE (703) 3q4-3510 The Honorable Mayor and Members of the Roanoke City Council Dear Mr. Mayor and Members of City Council: I write to you on behalf of James L. ("Jake") Viar to request your favorable consideration of Jake's desire for retirement under the "old plan" of the City of Roanoke Employee's Retirement System. In 1984, an irrevocable option was given for inclusion in a new retirement plan. However, it would appear that inclusion in this new plan has worked to the detriment of Jake Viar. Rather than set forth my client's reasons in support of your favorable consideration, I simply request that this matter be placed on the Council's agenda for consideration and referral, should that be the next step, and report back to Council. Your indulgence in this request is much appreciated, and I look forward to the opportunity to address you on this matter. Sincerely, RIDER, THOMAS, CLEAVELAND FERRIS & EAKIN, RFIVmlb cc: James L. Viar MARY F. PARKER, CMC/AAE Cit? Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke. Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 28, 1995 File #76-133-184-236 Alice L. Ekrich Special Assistant Commonwealth's Attorney Virginia Regional Drug Prosecutor 145 W. Campbell Avenue Suite 318 Roanoke, Virginia 24011 Dear Ms. Ekrich: I am enclosing copy of Resolution No. 32577-072495 authorizing acceptance of a Multi- Jurisdictional Special Drug Prosecutor Grant made to the City of Roanoke by the Commonwealth of Virginia, in the amount of $80,523.00, for the period of July 1, 1995 through June 30, 1996; and authorizing acceptance, execution and filing of all appropriate documents to obtain said funds. Resolution No. 32577-072495 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. Sincerely, Mary F. Parker, CMClAAE City Clerk MFP:sm Enc. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 28, 1995 File #76-133-184-236 Martin B. Mait Deputy Director Virginia Department of Criminal Justice Services 805 East Broad Street Richmond, Virginia 23219 Dear Mr. Mait: I am enclosing copy of Resolution No. 32577-072495 authorizing acceptance of a Multi- Jurisdictional Special Drug Prosecutor Grant made to the City of Roanoke by the Commonwealth of Virginia, in the amount of $80,523.00, for the period of July 1, 1995 through June 30, 1996; and authorizing acceptance, execution and filing of all appropriate documents to obtain said funds. Resolution No. 32577-072495 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm EriC. IN THE COUNCIL OF THE CITY OF ROANOKE, The 24th day of July, 1995. No. 32577-072495. VIRGINIA, A RESOLUTION authorizing the acceptance of a Multi- Jurisdictional Special Drug Prosecutor Grant made to the City of Roanoke by the Commonwealth of Virginia and authorizing the acceptance, execution and filing of all appropriate documents to obtain such funds. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the Multi- Jurisdictional Special Drug Prosecutor Grant in the total amount of $80,523.00 from the Commonwealth of Virginia for the period of July 1, 1995, through June 30, 1996. 2. The City Manager is hereby authorized to accept, execute and file on behalf of the City of Roanoke and the City Clerk is authorized to attest any and all appropriate documents required to obtain such grant. 3. All documents in connection with this Grant Agreement shall be in such form as is approved by the City Attorney. 4. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of the foregoing grant or with such project. ATTEST: City Clerk. Roanoke, Virginia July 24, 1995 Honorable Mayor and Members of Council Roanoke, Virginia Subject: Acceptance of Funding for Drug Prosecutor Positions Dear Mayor and Members of City Council: I concur with the Roanoke City Commonwealth's Attorney's recommendation relative to the above subject and recommend it to you for appropriate action. Sincerely, obert Herbert City Manager Attachment CC: City Attorney Director of Finance City Clerk Commonwealth's Attorney Budget Administrator July 24, 1995 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Subject: Acceptance of Fundin9 for Dru~ Prosecutor Positions Dear Mayor Bowers and Members of City Council: A. Federal funding was made available to the State of ~ to be used for the development of several Multi- Jurisdictional Special Dru~ Prosecutors statewide. The positions were developed to coordinate prosecutorial efforts amon~ independent jurisdictions, reduce fractional and duplicate prosecutions, enhance the recovery of criminal assets, utilize federal, state and local resources to assure maximum prosecutorial effectiveness and to provide specialized prosecutorial resources to the regional dru9 enforcement effort. In addition, the Regional Dru~ Prosecutor has been cross-designated as an Assistant U. S. Attorney. The cross- designation will permit a state prosecutor to make use of the Federal Grand Jury. B. The Conm~onwealth's Attorneys of Craig County. FrankliD County. Roanoke County. and the Cities of Roanoke and Salem applied on October 9, 1987, to the Commonwealth's Attorneys' Services Council, the State a~ency responsible for the administration of the 9rant money to fund a Multi- Jurisdictional Special Dru~ Prosecutor. C. ~ accepted the Multi-Jurisdictional Special Dru~ Prosecutor Grant in April, 1988, and a full-time Special Dru~ Prosecutor was hired in July, 1988. Mayor David A. Bowers Members of City Council Page Two July 24, 1995 II. Current Situation A. ~ The Commonwealth's Attorneys' Services Council notified this office that legislation approved by the General Assembly allowed funds for Drug Prosecutor positions to be transferred from the Department of Criminal Justice Services and the Commonwealth's Attorneys' Services Council to the Compensation Board. As a result, the Drug Prosecutor positions that serve Craig County, Franklin County, Roanoke County, Roanoke City, and Salem City will be funded through the offices of the Commonwealth's Attorneys in the host localities effective July 1, 1994. These positions will be funded separately from the positions in the Commonwealth's Attorney's Office, with their own cost code, budget, and monthly payroll and expense report. B. ~u~~__- The Compensation Board approved funds for the Drug Prosecutor's Office for the period July 1, 1995, through June 30, 1996, in the following amounts: $61,830 for staff salaries; $7,401 for fringe benefits; and $11,292 for office expenses, for a total of $80,523.00. A. Prosecutorial Efforts aqainst Druq Trafficking. B. Cost. A. Concur in the acceptance of funding for the Drug Prosecutor positions through the Compensation Board in the amount of $80,523.00 for the period July 1, 1995 through June 30, 1996. Mayor David A. Bowers Members of City Council Page Three July 24, 1995 1. Prosecutorial Efforts aqainst Druq Traffickin? would be enhanced because of centralization and coordination of efforts and specialized expertise. 2. n ' will be fully funded by the Compensation Board. B. City Council not accept the funding for the Drug Prosecutor positions through the Compensation Board. 1. Prosecutorial Efforts aqainst Druq Traffickinq will not be approached as a regional concept. 2. ~ would remain the same but the advantage of State funding support for a worthy project would not be realized. A. City Council concur in Alternative "A" and allow for the acceptance of and continued participation in funding for the Drug Prosecutor positions through the Compensation Board in the amount of $80,523.00 for the period of July 1, 1995, through June 30, 1996. B. h~ the City Manager to sign and execute all appropriate documents to obtain funding for the Drug Prosecutor positions through the Compensation Board. C. Appropriate S80.523.00 in the Grant Projects Fund for funding for the Drug Prosecutor positions through the Compensation Board and establish a corresponding revenue estimate into accounts to be established by the Director of Finance. The following is a list of the line item budget accounts and amounts budgeted for each account: Mayor David A. Bowers Members of City Council Page Four July 24, 1995 DSC/msh cc: Regular Employee Salaries Fringe Benefits Office Expenses $61,830.00 7,401.00 Total $80,523.00 ted, Donald S. Caldwell Commonwealth's Attorney City Manager City Attorney Director of Finance Director of Administration & Public Safety July 24, 1995 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Council Members: Subject: Briefing - Towne Square Cave-In Please reserve space on your agenda for a briefing regarding the above subject. Respectfully, Acting City Manager JDR:WFC:pr City Attorney Director of Finance City Clerk Office of the City Manager July 14, 1995 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: INFORMATIONAL REPORT STORM DRAIN CAVE-IN, TOWN SQUARE BOULEVARD, N.W. On June 29, the pavement around a 48" storm drain manhole located in the two center lanes of Towne Square Boulevard was found to have caved in approximately two feet deep and eight feet in diameter; the area was then barricaded off. No repairs were made at that time due to the flooding damage in the Garden City area that had to be repaired. On July 7, following another heavy rainfall the previous night, the area settled another two to six feet. Investigation reveals that the storm drain line is seventeen feet deep and the 48" pipe joints on both sides of the manhole have separated and dropped down, indicated that a cavern has developed. Due to the excessive depth of the excavation, City forces are unable to complete the repair. It is likely this will continue to enlarge with additional rainfalls. The Engineering Department met with two contractors, asked for estimates based on time and materials, and has recommended that E. C. Pace and Company be retained to begin work on Monday, July 17, 1995, with an estimated cost of $30,000 and five (5) days to complete the work. This cost may increase dependent upon subsurface conditions found after excavation. Room 346 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (703) 981-2333 FAX (703) 224-3138 Honorable Mayor and Members of City Council INFORMATIONAL REPORT STORM DRAIN CAVE-IN, TOWN SQUARE BOULEVARD, N.W. July 14, 1995 Page 2 I have concurred with Engineering's recommendation and have declared this an emergency situation. A more detailed report will follow as the work progresses. Respectfully submitted, James D. Ritchie Acting City Manager JDR/VRD/kh CC: City Attorney City Clerk 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, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 240l 1-1536 Telephone: ( 703 ) 98 1-2541 SANDRA H. EAKIN Deputy City Clerk July 28, 1995 File #165-236-472-488 Bailey Lawrence, President Hurt Park Neighborhood Association 1226 Salem Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Lawrence: I am enclosing copy of Resolution No. 32578-072495 authorizing Amendment No. 1 to a CDBG Mini-Grant Agreement between the City and the Hurt Park Neighborhood Association, dated July 29, 1994, to provide for purchase of office equipment and an extension of time for performance of 1994-1995 activities from June 30, 1995 to August 31, 1995. Resolution No. 32578-072495 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1995. No. 32578-072495. A RESOLUTION authorizing Amendment No. 1 to a CDBG Mini-Grant Agreement between the City and Hurt Park Neighborhood AsSociation, dated July 29, 1994, to provide for purchase of office equipment and an extension of time for performance of the 1994-1995 activities. BE follows: 1. IT RESOLVED by the Council of the City of Roanoke as The City Manager and the City Clerk shall be authorized, for and on behalf of the City, to execute and attest, respectively, Amendment No. 1 to the contract between the City of Roanoke and Hurt Park Neighborhood Association, dated July 29, 1994, such amendment providing for purchase of office equipment and an extension of time from June 30, 1995, to August 31, 1995, for performance of the 1994-1995 activities, as more particularly set out in the City Manager's report dated July 24, 1995. 2. The contract between the City of Roanoke and Hurt Park Neighborhood Association, dated July 29, 1994, shall remain in full force and effect except to the extent of any inconsistency with Amendment No. 1 authorized by this resolution. 3. Such Amendment No. 1 shall be in such form as is approved by the City Attorney. ATTEST: City Clerk. Roanoke, Virginia July 24, 1995 95-26 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Amendment No. 1 to the CDBG Mini-Grant Agreement with the Hurt Park Neighborhood Association. The Hurt Park Neiehborhood Association has been a member of the Roanoke Neighborhood Partnership (RNP) since 1981. The 1994-1995 RNP's Mini-Grant Program was approved by City Council as part of the Community Development Block Grant (CDBG) program by Resolution Number 31977-050994 on May 9, 1994. The City entered into an aereement with the Hurt Park Neighborhood Association on July 29, 1994. The scope of services was for the operation of a family education program, a neighborhood watch program, the establishment of a B.A.D.D. (Blacks Against Drank Driving) campaign and other promotional and recruitment activities. The time of performance for the Agreement was for the period of July 1, 1994 through June 30, 1995. II. Current Situation: The following changes to the Agreement have been requested by Hurt Park Neighborhood Association: Extend the date by which performance must be completed from June 30, 1995 to August 31, 1995. Include the purchase of office equipment and make other changes specific to the family education program in the scope of service section of the agreement. 3. Make the necessary changes in the itemized budget to reflect the III. Issues: changes listed above. The Roanoke Neiehborhood Partnership concurs in their request. An amendment is necessary, to the CDBG Hurt Park Association Agreement to make these changes. A Cost B. Timing C. Neiehborhood Empowerment D. Compliance with applicable regulations IV. Alternatives: Authorize the City Manager to execute the attached CDBG Mini Grant contract amendment with the Hurt Park Neighborhood Association. 1. Cost to the city will not change. Timing is important since the agreement expired on June 30, 1995 and Hurt Park intends to complete these activities this summer. Neighborhood empowerment would continue as these funds would be used to match funds raised by the neighborhood to carry out the programs designed by the Hurt Park Neighborhood Association. Compliance with applicable regulations is assured. The amendment will be approved as to form by the City Attorney. Project monitoring is provided by the RNP and the Office of Grants Compliance staff. Do not authorize the City Manager to execute the attached CDBG Mini Grant agreement amendment with the Hurt Park Neighborhood Association. 1. Cost to the city will not change. 2. Timing would not be an issue. Members of Council Page 3 Neighborhood empowerment would not be enhanced. The Hurt Park Neighborhood Association would be unable to complete their 1994-95 planned Mini Grant activities. Compliance with applicable regulations would still be assured. Project monitoring would continue to be provided by the RNP and the Office of Grants Compliance staff. Recommendation: It is recommended that City Council concur in Altemative A and authorize the City Manager to execute the attached CDBG Mini Grant contract amendment with the Hurt Park Neighborhood Association. WRH:LSS Respectfully Submitted, ~:- Robert Herbert City Manager cc: Assistant City Manager City Attorney Director of Finance Director of Public Works Chief of Planning and Community Development Roanoke Neighborhood Partnership Coordinator President, Hurt Park Neighborhood Association Amendment No. 1 to 1994-1995 Agreement for Services THIS AMENDMENT, entered into the 1995 by and between the CITY OF ROANOKE (Grantee) and the Hurt Park Neighborhood Association (Subgrantee). WHEREAS, the Grantee and the Subgrantee have, by an Agreement for Services under the Community Development Block Grant (CDBG) program, dated July 29, 1994, contracted for the provision of certain services by the Subgrantee in relation to the implementation of the City's CDBG program; and WHEREAS, the Subgrantee has requested to continue this contract through August 31, 1995; and WHEREAS, the Subgrantee has requested a change in the budget and scope of services to better meet the needs of their community. NOW, THEREFORE, the Grantee and the Subgrantee do mutually agree to amend Part 1,2, and 3 to read as follows: 1. SCOPE OF SERVICES: The Subgrantee shall secure the operation of a family education program in the Hurt Park area through 2 workshops; set up a neighborhood watch program, which shall include the purchase of six (6) Neighborhood Watch signs, and the presentation of workshops and seminars; establish a Blacks Against Drunk Driving (BADD) campaign, including a seminar conducted by a BADD national representative; promote and recruit volunteers through mailers, flyers, and a banner; and purchase of office equipment for use by officers for Hurt Park Neighborhood Association business. 2. TIME OF PERFORMANCE: This agreement shall be for the period of July 1, 1994 through August 31, 1995. 3. BUDGET: The total budget for this project will be $1,875 of which $375 will be raised by the Subgrantee from private sources, and $1,500 will be a grant of Community Development Block Grant funds from the city. The budget for the project will be as follows: Family Education Two workshops @ 150 ea. Workshop Materials $30O $2OO Public Safety Awareness Program 8 neighborhood watch signs ~ 48 ea. 2 Seminars $384 $101 BADD workshop $50 Neighborhood Promotion and Awareness Banner for meetings $140 Office Equipment (adding machine and calculator) $450 Office Supplies/meeting flyers $250 Total $1,875 With prior approval from the Office of Grants Compliance, budgeted funds may be shifted among approved line items for expenses which are consistent with the Scope of Services. The Agreement shall remain unchanged in all other terms and provisions. IN WITNESS WHEREOF, the Grantee and Subgrantee have executed this amendment as of the first date written above. ATTEST: Witness: Approved as to Form: Approved as to Execution Approved as to CDBG Eligibility: By CITY OF ROANOKE HURT PARK NEIGHBORHOOD ASSOCIATION By Title MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy Cily Clerk July 28, 1995 File #236-296 Katheryn R. Hale Executive Director West End Center, Inc. P. O. Box 4562 Roanoke, Virginia 24015 Dear Ms. Hale: I am enclosing copy of Resolution No. 32580-072495 authorizing Amendment No. 1 to the contract between the City and West End Center, Inc., dated July 28, 1994, such amendment relating to additional Community Development Block Grant funds, in the amount of $11,000.00, to provide for certain paving work on property owned by West End Center, Inc., for additional parking, and an extension of time of performance from June 30, 1995 to September 30, 1995. Resolution No. 32580-072495 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1995. No. 32580-072495. A RESOLUTION authorizing Amendment No. 1 to the contract between the City and West End Center, Inc., dated July 28, 1994, such amendment relating to additional Community Development Block Grant (CDBG) funding and an extension of time of performance in connection with renovation to the West End Center. BE follows: 1. IT RESOLVED by the Council of the City of Roanoke as The City Manager and the City Clerk shall be authorized, for and on behalf of the City, to execute and attest, respectively, Amendment No. 1 to the contract between the City of Roanoke and West End Center, Inc., dated July 28, 1994, such amendment providing for an additional $11,000 in CDBG funds to be provided to West End Center, Inc., by the City for certain paving work to be done on property owned by West End Center, Inc., to provide additional parking, and extending the time of performance of the contract from June 30, 1995, to September 30, 1995, as more particularly set out in the City Manager's report dated July 24, 1995. 2. Center, The contract between the City of Roanoke and West End Inc., dated July 28, 1994, shall remain in full force and effect except to the extent of any inconsistency with Amendment No. 1 authorized by this resolution. 3. Such Amendment No. by the City Attorney. 1 shall be in such form as is approved ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 24th day of July, 1995. No. 32579-072495. AN ORDINANCE to amend and reordain certain sections of the 1995-96 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1995-96 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A ro riatlons Community Development Block Grant 1993-94 {1-2) .... Community Development Block Grant 1994-95 (3-4) .... $ 3,121,708 3,067,491 1) West End Sidewalks (035-093-9337-5023) $(9,220) 2) West End Center Construction (035-093-9337-5024) 9,220 3) West End Sidewalks (035-094-9437-5023) (1,780) 4) West End Center Construction (035-094-9437-5024) 1,780 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Roanoke, Virginia July 24, 1995 95-28 Honorable Mayor and City Council Roanoke, Vir~nia Dear Members of Council: SUBJECT: West End Center, Inc. Amendment No. 1 i ' ' funding for renovations of the West End Center, Inc. as pall of the Comm~mity Development Block Grant (CDBG) application; approved by Council on May 9,1994 by Resolution No. 31977-050994. City. Council appropriated CDBG fundg on July 11, 1994 by Resolution No. 32099-071194. The appropriation included $45,000 for renovations to the West End Center. The City. entered into an A~eemenI with West End Center, Inc. on July 28, 1994. D. Th f ' was for the rehabilitation of the West End Center building. Time of performance for the Agreement was for the petiod of July 1, 1994 through June 30, 1995. A. The following changes are necessary, to complete the Agreement: Change the scope of services to include the paving of a vacant lot owned by West End Center, Inc. to allow for additional parking. Extend the time of performance in the Agreement to July 1, 1994 to September 30, 1995. iii. Increase the Agreement by $11,000 to allow for the additional work. Honorable Mayor and City Council Page 2 ltl. Issues: A. ~ B. Funding C. Timing D. Compliance with applicable E. Legal IV. Alternatives: Authorize the City. Manager. or the Assistant City_ Manager. to execute, and the City_ Clerk to attest, the attached Amendm~n~ to West End Center, Inc., approved as to form by the City Attorney, within the limits of funds set forth in this report for the purposes specified herein. 1. ~ will be an additional $11,000 in CDBG FY 94-95 funds. 2. ~ in the following CDBG Accounts 035-093-9337-5023 ($9,220) and 035-094-9437-5023 ($1,780) entitled West End Sidewalks and are to be transferred to the following accounts 035-093-9337-5024 ($9,220) and 035-094-9437-5024 ($1,780) West End Center Construction. 3. T___i.i.i.i.i.i.i.i~g is impottant since the existing agreement expired June 30,1995. 4. Comp_ liance with applicable re_mtLati0n is assured through contract review and project monitoring by the City's Office of Grants Compliance. 5. Legal issues will be addressed through contract review by the City Attorney. Do not authorize the City_ Manager to execute the attached ^mendment with West End Center, Inc. ~ would be nothing. Funding would not be an issue. Timing would not be an issue. Honorable Mayor and City Council Page 3 4. Compliance with applicable re_malation would not be an issue. 5. Legal concerns would not be an issue. It is recommended that City Council concur in Alternative A and au~o~ ~e City_ Manager. or the Assistant City_ Manager. to execute, and the City. Clerk to attest, the attached Amendment to West End Center, Inc., approved as to form by the City Attorney, within the limits of funds set forth in this report for the purposes specified herein. Authorize the transfer of funds available in the following CDBG Accounts, 035-093-9337-5023 ($9,220) and 035-094-9437-5023 ($1,780) entitled West End Sidewalks to accounts 035-093-9337-5024 ($9,220) and 035- 094-9437-5024 ($1,780) entitled West End Center Construction. Respectively submitted, Herbert City l~anager WRH/CAH CC: Assistant City Manager Director of Public Works Office of Management and Budget City Engineer City Attorney Director of Finance Office of Grants Compliance Amendment No. 1 to the West End Center, Inc. Agreement THIS AMENDMENT is made and entered into this parties: day of ,1995, by and between the following The Grantee City of Roanoke, Virginia 215 Church Avenue, S.W. Roanoke, Virginia 24011 and the Subgrantee West End Center, Inc. P. O. Box 4562 Roanoke, Virginia 24015 The Grantee has been authorized by its City Council pursuant to Resolution No. 32099-071194, adopted, July 11, 1994, to provide $45,000 in Community Development Block Grant (CDBG) funds for the West End Center. WHEREAS, the Grantee has by Resolution No. ., adopted, July __, 1995, by City Council, authorized the execution of this amendment to the Agreement dated July 28, 1994, such amendment to provide for certain changes in the scope of services. NOW, THEREFORE, the Grantee and the Subgrantee do mutually agree to amend the Agreement effective retroactive to July 1, 1994 as follows: Part 1, to read as follows: 1. SCOPE OF SERVICES: The Subgrantee will renovate and make improvement to the West End Center located at 1226 Patterson Avenue, S.W. and construction of a parking lot on the comer of Thirteenth Street and Patterson Avenue, S.W. The renovation and improvements will include: Space usage and energy conservation improvements to the portion of the West End Center that is currently in use including the installation of wall partitions and return air ducts. B. Landscape existing parking lot and install parking bumper ties. Structural improvements to the portion of the West End Center not in use. The structural improvements will include rough-in of sewer and water lines, framing of floors and walls, installation of the following: subfloor and floor, trim and vinyl wall siding, windows and doors, interior walls and ceilings. Grading and paving a lot on the comer of Thirteenth Street and Patterson Avenue, S.W. owned by West End Center. Amendment No. 1 West End Center, Inc. TIME OF PERFORMANCE: This agreement shall be for the period of July 1, 1994 through September 30, 1995. B~GET: The total budget for this project will be $74,000, of which $56,000 will be provided as a grant from the City of Roanoke CDBG funds and $18,000 will be provided by the Presbytery of the Peaks. The total mount of CDBG funds used for this project shall not exceed $56,000 without the approval of the City Manager's office. The Agreement shall remain unchanged in all other terms and provisions. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year hereinabove written: ATTEST: CITY OF ROANOKE By: By: Mary F. Parker, City Clerk W. Robert Herbert, City Manager ATTEST: SUBGRANTEE By: By: West End Center, Inc. 2 Amendment No. 1 West End Center, Inc. APPROVED AS TO CDBG ELIGIBILITY APPROVED AS TO FORM Office of Grants Compliance City Attomey APPROVED AS TO EXECUTION APPROVED AT TO FUNDS AVAILABLE City Attorney Director of Finance Account # 3 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virgin/a 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Depmy City Clerk July 28, 1995 File #9-77-102-514 Steven A. Campbell Consulting Engineer Mattern and Craig, Inc. 701 First Street, S. W. Roanoke, Virginia 24016 Steve J. Chapin Structural Engineer Hayes, Seay, Mattern and Mattern, Inc. P. O. Box 13~d6 Roanoke, Virginia 24034 Gentlemen: I am enclosing copy of Resolution No. 32581-072495 authorizing execution of Amendment No. 2 to the City's agreement with Hayes, Seay, Mattern & Mattern, Inc., in the amount of $64,300.00; and authorizing execution of Amendment No. 2 to the City's agreement with Mattem & Craig, Inc., in the amount of $47,700.00, for additional engineering services to be performed in connection with the Bridge Inspection Program. Resolution No. 32581-072495 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. MFP:sm Sincerely, Mary F. Parker, CMC/AAE City Clerk Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1995. No. 32581-072495. A RESOLUTION authorizing the execution of Amendment No. 2 to the City's agreement with Hayes, Seay, Mattern & Mattern, Inc.; and authorizing the execution of Amendment No. 2 to the Ci~s agreement with Mattem & Craig Inc., for additional engineering services to be performed in connection with the Bridge Inspection Program. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager is hereby authorized to execute, on behalf of the City, upon form approved by the City Attorney, Amendment No. 2 to the City's Agreement with Hayes, Seay, Mattern & Mattern, Inc., dated Suly 12, 1993, in order to provide additional engineering services in connection with the Bridge Inspection Program. 2. Such agreement shall provide for the services set forth in the City Manager's report to Council dated 3uly 24, 1995, and the cost of those additional services shall be in the amount of $64,300.00. 3. The City Manager or the Assistant City Manager is hereby authorized to execute, on behalf of the City, upon form approved by the City Attorney, Amendment No. 2 to the City's Agreement with Mattern & Craig, Inc., dated June 15, 1993, in order to provide additional engineering services in connection with the Bridge Inspection Program. 2. Such agreement shall provide for the services set forth in the City Manager's report to Council dated July 24, 1995, and the cost of those additional services shall be in the amount of $47,700.00 ATTEST: City Clerk. July 24, 1995 , Council Report No. 95-161 '~' -: Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: SUBJECT: BRIDGE INSPECTION PROGRAM AMENDMENT NO. 2 TO AGREEMENTS FOR CONSULTANT SERVICES YEAR 3 OF 3 II. Background on the subject in chronological order is as follows: 1978 Surface Transportation Act enacted by Congress requires that all bridges, including "off Federal Aid System" structures, must be included in the bi-annual inspection program. Supplementary Bridqe Inspection Reports are required on sixty-nine (69) structures in the City of Roanoke this year. Forty-two (42) structures (40 bridges and 2 tunnels) are inspected annually while twenty-seven (27) structures are inspected bi-annually. Ten bridges must have new load rating analysis in accordance with VDOT's new "Load Factor" rating. C. Airport tunnel, under Runway 23, is required to be inspected annually to ensure safety and to keep deterioration under control. D. Jefferson Street Old Pedestrian Underpass under Norfolk Southern Railway is to be inspected annually per agreement with railroad. City Council, on July 12, 1993, Ordinance #31571-071293, authorized Agreements for Consultant Services for 3 years with Hayes, Seay, Mattern & Mattern, Inc., and Mattern & Craig, Inc. Current situation is that City Council needs to authorize the execution of Amendment No. 2 to Agreements for Consultant Services for Year 3 of 3 as follows: Aqreement with Hayes, Seay, Mattern & Mattern, Inc., dated 7/12/93 (Ord. #31571-071293): 1993 Work Scope 36 Bridges 14 Overhead Signs 68,624.00 Members of City Council RE: BRIDGE INSPECTION PROGRAM AMENDMENT NO. 2 TO AGREEMENTS YEAR 3 OF 3 Page 2 of 4 1994 Work Scope 23 Bridges 2 Parking Garages 1995 Work Scope 39 Bridges I Tunnel 4 Bridge Load Rating Analysis 1993, 1994 & 1995 Total Agreement 34,188.00 64,300.00 $167,112.00 Agreement with Mattern & Craig, Inc., dated 6/15/93 (Ord. #31571-071293): 1993 Work Scope 33 Bridges 1994 Work Scope 44 Bridges 1995 Work Scope 28 Bridges I Tunnel 6 Bridge Load Rating Analysis 1993, 1994 & 1995 Total Agreement 39,000.00 52,500.00 47,700.00 $139,200.00 III. Issues in order of importance are as follows: A, Reasonableness of fee compared to work scope. B. Ability to meet time schedules, C. Funding. Members of City Council RE: BRIDGE INSPECTION PROGRAM AMENDMENT NO. 2 TO AGREEMENTS YEAR 3 OF 3 Page 3 of 4 IV. Alternatives in order of feasibility are as follows: Authorize the execution of Amendment No. 2 to the Agreements for Consultant Services with Hayes, Seay, Mattern & Mattern, Inc. and Mattern & Craig, Inc. in amounts of $64,300.00 and $47,700.00 respectively. Reasonableness of fee compared to work scope has been reviewed and verified. The fee is based upon estimated manhours and the actual cost may vary. 2. Ability to meet time schedules has been reviewed and verified. Funding is available for the third year work (Amendments No. 2) in the FY95-96 Adopted Budget Account //001-052-4310-3072 Bridge Inspection. Do not authorize the execution of Amendment No. 2 to the Agreements for Consultant Service. 1. Reasonableness of fee cannot be assured. 2. Ability to meet time schedule would be jeopardized. 3. Fundinq would remain in the respective accounts. Recommendation is that City Council concur in Alternative "A: authorizing the execution of Amendment No. 2 in form approved by the City Attorney to the agreements of Hayes, Seay, Mattern & Mattern, Inc. and Mattern & Craig, Inc. in the amount of $64,300.00 and 947,700.00 respectively· Respectfully submitted, ~ii~l°Mb:nrat gHe~ r b e r t WRH/JGB/fm Members of City Council RE: BRIDGE INSPECTION PROGRAM AMENDMENT NO. 2 TO AGREEMENTS YEAR 3 OF 3 Page 4 of 4 CC: City Attorney City Clerk 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 IN THE COUNCIL OF THE CITY OF ROANOKE, The 24th day of July, 1995. No. 32582-072495. VIRGINIA AN ORDINANCE to amend and reordain certain sections of the 1995-96 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to Government of the exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1995-96 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Streets and Bridges $ 10,453,598 Bridge Maintenance 1995-96 (1) .................... 150,000 1) Appropriated From General Revenue (008-052-9549-9003) $ 150,000 BE IT FURTHER ORDAINED that, an emergency Ordinance shall be in effect from its passage. existing, this ATTEST: City Clerk. July 24, 1995 Council Report No. 95-162 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: SUBJECT: BRIDGE MAINTENANCE 1995/96 FUNDS TRANSFER Background on the subject in chronological order is as follows: Fund nq of ~150,000 was established in FY95/96 budget for bridge maintenance. This funding exists in the General Fund Transfer to Capital Projects Fund, account number 001-004-9310-9508. Estimated cost for various small maintenance projects as identified in annual consultant bridge inspections, is $1,400,000. II. Current situation is as follows: A. Funding needs to be transferred from the General Fund to the Capital Projects Fund. The following bridges have the highest priority maintenance needs that will be partially funded by the requested fund transfer. 1. 1st Street over Railroad - Replacement of Sidewalk Hangers 2. Berkley Road over Carvins Creek - Deck Replacement 3. Shenandoah Avenue over Peters Creek - Erosion at Wing Walls, Place Rip Rap 4. Ogden Road - Undermining of Wing Walls 5. 9th Street over Railroad - Clean and Spot Paint and Roughen Deck 6. Mudlick Road - Scour Behind Wing Walls Ill. Issues in order of importance are as follows: A. Fundinq Needs B. Timinq Honorable Mayor and Members of City Council RE: BRIDGE MAINTENANCE 1995/96 FUNDS TRANSFER July 24, 1995 Page 2 IV. Alternatives in order of feasibility are as follows: Authorize the Director of Finance to transfer $150,000 from Account Number 001-004-9310-9508, Transfer to Capital Project Fund to a new account entitled Bridge Maintenance 95/96. 1. Fundin n~q_p.9_~_ds will be in place for small maintenance projects. Timing is important so that the highest priority small maintenance projects may proceed. B. Do not authorize the Director of Finance to transfer $150,000 as requested in Alternative "A". 1. Fundinq need would not be met at the time. Timing would be lost and each small project would need to be brought to Council for funding. Recommendation is that City Council concur in Alternative "A" and take the following action: Authorize the Director of Finance to transfer 9150,000 from General Fund Transfer to Capital Projects Fund to a new account to be established in the Capital Fund entitled "Bridge Maintenance 95/96". WRH/JGB/fm Respectfully submitted, _.W~Robert Herbert City Manager Honorable Mayor and Members of City Council RE: BRIDGE MAINTENANCE 1995/96 FUNDS TRANSFER July 24, 1995 Page 3 CC: City Attorney City Clerk 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, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 28, 1995 File g62-192-270-472 George H. Cook Vice-President Delta Graphic, Inc. P. O. Box AJ Chester, Virginia 23831 Dear Mr. Cook: I am enclosing copy of Ordinance No. 32584-072495 accepting the bid of Delta Graphic, Inc., to restore 522 coliseum seats and purchase 522 new coliseum seats at the Roanoke Civic Center, for a total bid price of $114,895.00; and rejecting all other bids made to the City. Ordinance No. 32584-072495 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THECOUNClLOFTHECITY OF ROANOKE, VIRGINIA The 24th day of July, 1995. No. 32584-072495. AN ORDINANCE accepting the bid of D~m Graphic Inc., to restore 522 Coliseum seats and purchase 522 new Coliseum seats at the Civic Center; and rejecting all other bids made to the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Delta Graphic Inc., made to the City, for restoring 522 Coliseum seats and purchasing 522 new Coliseum seats at the Civic Center, meeting all of the City's specifications and requirements therefor, for a total bid price of$114,895.60, which bid is on file in the Off]ce of the City Clerk, is hereby ACCEPTED. 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase order therefor, incorporating into said order the City's specifications, the terms of said bidder's proposal, and the terms and provisions of this measure, as more particularly set out in a report to this Council dated Suly 24, 1995. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to ~ each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shah be in full force and effect upon its passage. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, The 24th day of July, 1995. No. 32583-072495. VIRGINIA AN ORDINANCE to amend and reordain certain sections of the 1995-96 Materials Control and Civic Center Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1995-96 Materials Control and Civic Center Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Materials Control Fund A ro riations Materials Control Retained Earnings Retained Earnings - Unrestricted (2) ............. $ Civic Center Fund A ro ri tions Capital Outlay - Equipment (3)~ .................. $ Revenue Transfer from Materials Control (4) .............. $ 1) Transfer to Civic Center 2) Retained Earnings - Unrestricted (1) ............................ $ (014-056-1613-9505) $ 114,896 (014-3336) (114,896) 353,568 546,318 194,962 114,896 3) Other Equipment 4) Transfer from Materials Control (005-056-2108-9015) (005-020-1234-1120) $ 114,896 114,896 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, virginia July 24, 1995 95-333 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bid to Purchase and Restore 522 Coliseum Seats Bid Number 95-4-93 I. a c~a~Lqr_9~ Civic Center During the nrior Year's Capital Maintenance and E~uiDmen{ Replacement Pro~ram process, the need was identified to restore 522 Coliseum seats and purchase 522 new Coliseum seats. Civic Center facility opened in 1971. Coliseum seating has been used for twenty-four (24) years. Specifications were developed, and along with a Request for Quotation, were sent to five (5) vendors that are currently listed on the City's bid list. A public advertisement was also published in the Roanoke Times and Roanoke Tribune. II. Current Situation O_~was received and evaluated by representatives of Utilities and Operations, General Services and the Civic Center. That bid has been determined to meet all required specifications. ~ was submitted by Delta Graphic, Inc. for the cost of $114.895.60. A. Need B. Compliance with Specifications C. Fund Availability xv. Council accent the bid to restore 522 seats and purchase 522 new seats for the Civic Center Coliseum as submitted by Delta Graphic, Inc. for the total cost of ~. 1. Need - Existing seats have been used 24 years. The seat is a discontinued design making repair parts unobtainable. The 522 new seats will begin a replacement program. The 522 restored seats will be used as replacement parts for the remaining 7,841 Coliseum seats. Compliance with Specifications - The bid submitted by Delta Graphic, Inc. meets all required specifications. Fund Availability - Funds are available in Materials Control prior year's Retained Earnings Account to provide for this purchase. Need - The necessary renovation and replacement program for the Civic Center Coliseum seating would not be accomplished with this alternative. Compliance with specifications would not be a factor with this alternative. Fund Availability - Designated funds would not be expended with this alternative. Council concur with Alternative ,,A,, - Authorize the award of the bid to restore 522 seats and purchase 522 new seats in accordance with City of Roanoke specifications, for the Civic Center Coliseum as submitted by Delta Graphic, Inc. for the total amount of $114.895.60. APpropriate $114.895.6Q from Materials Control prior year's Retained Earnings to Account 005-056-2108-9015 to purchase these items. Respectfully submitted, obert Herbert City Manager WRH:vn IN THE COUNCIL OF THE CITY OF ROANOKEv The 24th day of July, 1995. No. 32585-072495. VIRGINIA AN ORDINANCE to amend and reordain certain sections of the 1995-96 Civic Center Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1995-96 Civic Center Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: & o ri tions Capital Outlay - Equipment (1) .................... Retained Earnings $ 211,004 Retained Earnings - Unrestricted (2).............. $ 2,432,950 (005-056-2108-9015) $ 46,050 (005-3336) (46,050) 1) Ot~er Equipment 2) Retained Earnings - Unrestricted BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia July 24, 1995 95-334 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council SUBJECT: Fund Appropriations I. Backqround on the subject in chronological order is: The General Fund Capital Maintenance and Equipment Replacement Proqram has identified the need to replace the existing Ice Resurfacing Machine and gas powered Ice Edger at the Roanoke Civic Center. City Manaqer's approval is required for purchases costing less than $75,000 per single item. Requested items will be procured in accordance with the Procurement section of the Code of the City of Roanoke. II. Current situation is: It is necessary for City Council to appropriate funds from Prior Year Retained Earnings Accounts to allow for the acquisition of necessary operational items. III. Issues in order of importance are: A. Need B. Fundinq C. Timinq IV. Alternatives in order of feasibility are: ae City Council appropriate $46,050 from the Civic Center Prior Year Retained Earnings Account to account 005-056-2108-9015 to provide for the purchase of One (1) New Ice Resurfacing Machine and One (1) Ice Edging Machine. Need is to replace old high maintenance units and to allow for a more efficient and effective operation. Fund Appropriations Page 2 cc-' City 1. Fundinq is designated in the Civic Center Prior Year Retained Earnings Account to provide for this purchase. Timinq will allow the equipment to be procured in the most expedient manner. Council not appropriate }46,050 Need for the replacement of necessary equipment for the Civic Center would not be addressed. Fundinq designated for the requested replacement would not be expended at this time. Timinq for the purchase of the necessary equipment would not be accomplished in the most effective manner. Recommendation is that City Council concur with alternative "A" and appropriate $46~050 from the Civic Center Prior Year Retained Earnings Account to operational account 005-056-2108-9015 to allow for the purchase of One (1) New Ice Resurfacing Machine and One (1) gas powered Ice Edging Machine. Respectfully Submitted, obert Herbert City Manager City Attorney Director of Finance Director of Utilities & Operations Manager, Civic Center Manager, Supply Management Management & Budget MARY F, PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 28, 1995 File ~45-467-472 A & P Water and Sewer Service Atlantic States Cast Iron Pipe Co. Ferguson Enterprises U. S. Pipe and Foundry Co. Virginia Water and Waste Supply Co. Gentlemen: I am enclosing copy of Resolution No. 32586-072495 accepting the bid of Griffin Pipe Products Co., to supply ductile iron water pipe, for the period of July 1, 1995 through June 30, 1996, in the total amount of $273,255.00, based upon estimated quantities; and rejecting all other bids made to the City. Resolution No. 32586-072495 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the abovedescribed ductile iron water pipe. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. MARY F, PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 28, 1995 File #.45-467-472 B. L. Driskill, Jr. Regional Sales Manager Griffin Pipe Products Co. Box 740 Lynchburg, Virginia 24505 Dear Mr. Driskill: I am enclosing copy of Resolution No. 32586-072495 accepting the bid of Griffin Pipe Products Co., to supply ductile iron water pipe, for the period of July 1, 1995 through June 30, 1996, in the total amount of $273,255.00, based upon estimated quantities; and rejecting all other bids made to the City. Resolution No. 32586-072495 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. iN THECOUNCILOFTHECITY OF ROANOKE, The 24th day of July, 1995. No. 32586-072495. A RESOLUTION accepting the bid of Griffin Pipe Products Co., made to the City for furnishing and delivering ductile iron water pipe; and rejecting all other bids made to the City. BE IT RESOLVED by this Council of the City of Roanoke that: 1. The unit price bid of Griffin Pipe Products Co., made to the City, offering to supply ductile iron water pipe, for the period of July l, 1995 to June 30, 1996, meeting all of the City's specifications and requirements therefor, for the total bid price of $273,255.00, based on estimated quantities, which bid is on file in the Office of the City Clerk is hereby ACCEPTED. 2. The City's Ivlanager of General SetMces is h~by authorized and directed to issue the requisite purchase order therefor, incorporating into said order the City's specifications, the terms of said bidder's proposal and the terms and provisions of this resolution. 3. Any and all other bids made to the City for the aforesaid procurement are hereby REYECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: City Clerk. 95-335 Roanoke, Virginia July 24, 1995 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council SUBJECT: Bids for Ductile Iron Water Pipe, Bid No. 95-6-77 I. Background on the subject in chronological order is: Bids are requested annually, on a fiscal year basis, to furnish and supply to the City estimate quantities of Ductile Iron Water Pipe. The quantities are anticipated needs for a period of one (1) year. Funds are available in various Water Department and Capital Accounts to provide for the purchase of required water pipe. Specifications were developed and along with request for quotations were sent to ten (10) vendors that are currently listed on the City's bid list. A public advertisement was also published in the Roanoke Times and Roanoke Tribune. Bids were received, after due and proper advertisement, and were publicly opened and read in the Office of the Manager of Supply Management at 2:00 p.m. on June 30, 1995. II. Current Situation is: A. Six (6) Bids were received. A bid tabulation is attached. Ail bids were evaluated in a consistent manner by representatives of the following departments: Utilities and Operations Water Department Supply Management Ductile Iron Water Pipe Bid No. 95-6-77 Page 2 III. IV. The lowest bid, submitted by A & P Water and Sewer Service, notified the Manager of Supply Management after the bid opening of their request to withdraw due to a clerical error as allowed by the Code. Appropriate documents were requested and was verified that an error in transportation cost did exist and the bid was allowed to be withdrawn. The second lowest bid, submitted by Griffin Pipe Products Company meets all required specifications. Issues in order of importance are: A. Need B. Compliance with Specifications C. Funding Alternatives in order of feasibility are: Council accept the bid submitted by Griffin Pipe Products Company to provide Ductile Iron Water Pipe to the City for the period of one (1) year. Need for the requested pipe is to continue to support the City's water system including installation and repairs. 2. Compliance with Specifications is met by the response submitted by Griffin Pipe Products Company. 3. Funding is available in FY '95-96' adopted operating Budget to allow for this purchase. B. Reject all Bids. 1. Need for the continued support of the water system would not be met by this alternative. 2. Compliance with Specifications would not be met with this alternative. 3. Funding designated for the purchase of water pipe would not be expended at this time. Ductile Iron Water Pipe Bid No. 95-6-77 Page 3 cc: Recommendation is that Council concur with alternative "A" and accept the bid submitted by Griffin Pipe Product Company to provide Ductile Iron Water Pipe to the City for a period of one (1) year and reject all other bids. Respectfully Submitted, W. obert Herbert City Manager City Attorney Director of Finance Director of Utilities & Operations Manager, Water Department Manager, Supply Management Management & Budget cO .,-~ C 0 n. c u ~q THE COUNC~ OF THE CITY OF ROANOKE, %qRGINI~ The 24th day of July, 1995. No. 32587-072495. A RESOLUTION permitting the payment of fees for emergency medical services by use of credit cards and authorizing an agreement with a credit card clearinghouse. BE IT RESOLVED by the Council of the City of Roanoke that: 1. Individuals receiving emergency medical services from the City shall be permitted to pay for the cost of such services or any portion thereof remaining after payment to the City fi'om any applicable insurance sources by using approved credit cards, as more particularly described in the July 24, 1995, City Manager report to this Council. 2. The City Manager or the Assistant City M.n-ger is authorized to enter into a merchant credit card agreement with First USA Merchant Services, Inc., ("Company") and to execute any other documentation required to effectuate the purposes of this Resolution. Such agreement shall authorize company to establish an account in the name of the City for the acceptance of credit cards and to process on behalf of the City credit drafts as such shall be transmitted from time to time to company either electronically or by other means. Such agreement shall also provide that the City shall indemnify company .~i~ loses arising out of the City's noncompliance with the agreement or with rule~ of such finn, any diapute with a card holder, any charge back that arises fi'om a transaction subject to the agreement and any services provided by applicable credit card companies or associations. Such agreement shall also be approved as to form by the City Attorney. ATTEST: City Clerk. Roanoke, virginia July 24, 1995 95-413 Honorable Mayor and Members of city Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: Credit Card Payment for Services Emergency MediCal Bac_~ckkround on the subject in chronological order is: A. The City of Roanoke contracts with Quantum Medical Business services. Inc. ~OMBS) to provide billing and collection services relative to emergency medical user fees. Be OMBS provides similar billin~ and collection services for oth co ani s. QMBS indicates that ~evenue car be enhanced by imDlementin~ credit card usage for payment of accounts. Payment by credit card is a ~rowinG trend in the medical industry. De Credit cards are currently bein~ utilized by the Roanoke Civic Center for purchase of tickets. Parks and Recreation is also considering use of credit cards for rental of facilities, recreational activities, etc. II. Current situation is. QMBS is a member of the International Billing Association (IBA~. Through a bid process, IBA awarded a contract to First USA, a national credit card clearinghouse for card services at 1.88 percent for each credit card transaction. All other bidders were above 2 percent. As a member of this Association, QMBS can secure these reduced credit card fees for their clients. QMBS must aDDlv individually for card services for each client. First USA requires a direct relationship for all Merchant Services Agreements. A direct relationship provides safeguards to protect the city as an individual client. MasterCard/Visa, American Express and Discover cards will allow the 1.88 percent transaction fee. C. ~mer~encv Medical Service users currently have two tgD_~ig_r~to pay balance after insurance -- check or cash. Page 2 C~t¥'s average cost Der natient payment bv credit card (based on average balance of $25.00 after insurance payment would be $.46. Maximum cost to city would be $5.45 based on payment of $290 paid by,credit card by uninsured person. If a total of $25,000 is collected through credit card payment, the city's cost would be $450. Ee The city's Office of Emeraencv Medical Services will DaY credit card fees to OMBS at time of monthly settlement oz accounts per terms of current contract. Section 58.1-3013 of the Code of Virainia, (1950), as amended, provides that the aovernin~ body of a City may authorize the treasurer to accept payment of fees by use of a credit card. III. Issues in order of importance are: A. Need B. Patient Use C. Cost/Payment D. Timin~ IV. Alternatives in order of feasibility are: C't Cou '1 approve use of credit cards to collect emergency medical services user fees. Need - Electronic payment of accounts is becoming more widespread. Implementation of credit card use will enhance revenue collections and provide a user friendly system for making payments. t~ - Credit cards will not be accepted at time of services rendered. Billing statement will indicate that VISA, MasterCard, American Express, and Discover cards are now accepted for payment. Patient will provide credit card number and expiration date to billing clerk via telephone. Cost/Payment - The cost to use a credit card is 1.88 percent of payment which would be paid to QMBS at month end settlement of account per contract. Timin~ - Implementation of credit card use at earliest possible date will enhance revenue for fiscal year 1995/96. Page 3 Ve B. cit Council not approve use of credit cards to collect emergency medical services user fees. 1. Need - city would not collect payment for balance of account from service users with no other means to pay. Customer service would not be enhanced. 2. ~ would not be an issue. 3. CstP_Q~_~_~9~would not be an issue. 4. ~ - Projected revenue for fiscal year 1995/96 based on ability to utilize credit card will not be collected if credit card use is not permitted. Recommendat' n is that city Council concur with Alternative "A" and approve use of credit card payment for emergency medical services user fees. WRH/WBR cc: city Attorney Director of Finance Assistant city Manager Director of Public Safety Manager, Management and Budget Manager, Emergency Services/EMS Manager, Billings and collections Respectfully submitted, W~ Robert Herbert CiY~ Manager CREDITC.BIL JAMES D. GRISSO Director of Finance CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 P.O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (703) 981-2821 Fax: (703) 981-2940 Agenda Item 5b.1 JESSE A. HALL Deputy Director July 24, 1995 Honorable Mayor and Members City Council Roanoke, Virginia Subject: Fiscal Year 1995 Unaudited Financial Reoort Dear Mayor Bowers and Council Members: The General Fund revenues for fiscal year 1995 total $141,255,592. Collections exceeded the revenue estimate by 2.96% or $4,066,277. our adopted estimates are: The major revenue sources in Amount Over % Over % Growth (Under) Adopted (Under) Over (Under) ~0ur¢~ Estimate Estimate FY 1994 Real Estate Taxes (pg. 18) $( 328,879) ( .88%) .84% Personal Property (pg. 19} 2,066,430 13.62% 11.03% Sales Tax (pg. 20) 1,139,473 8.50% 6.43% Utility Tax (pg. 21) ( 345,569) (3.29%) (4.41%) Business License (pg. 23) 801,857 9.83% 13.74% Prepared Food & Beverage Tax (pg. 26) 417,155 8.65% 5.91% Fines & Forfeitures (pg. 27) 162,642 22.68% 29.66% All Other 153.168 0.33% 4.82% Total General Fund $ 4.066.277 2.96% 4.24% In total FY 1995 General Fund revenues increased 4.24% over FY 1994. General Fund expenditures increased 5.31% over FY 1994 and totaled $140,324,455. Unencumbered appropriations were $2,080,055 or 1.48% of the General Fund budget. Honorable Mayor and Members City Council July 24, 1995 Page 2 The School Fund revenues for fiscal year 1995 total $75,839,281. Collections exceeded the revenue estimate by .79% or $596,204. School expenditures increased 7.59% over FY 1994 and totaled 977,020,165. Unencumbered appropriations were 9392,621 or .51% of the adopted School Fund budget. The Enterprise and Internal Service Funds performance for this fiscal year were within the adopted revenue and expense budgets. The FY 1995 year end designated fund balances for Capital Maintenance and Equipment Replacement (CMERP) for the General Fund and School Fund per the requirements of Ordinance 26292 are as follows: General Fund Non-Local Tax Revenues Over Estimate Unexpended Appropriations Local Tax Revenues Over Estimates City School Ooerations Ooerations 277,287 $ 2,080,055 2,414,695 1,374,295 School Fund Revenues Over Estimate Unexpended Appropriations 9 9 596,204 392,621 Fund Balance Transfers Reserve for Un-Insured Claims Reserve for Workers' Comp Claims Reserve for Retiree Raises $( 250,000) 9 30,916 ¢ 195,000) Capital Maintenance and Equipment Replacement Funding Available $ 4.327,037 $ 2,394,036 The amounts shown above for Fy 1995 are Unaudited and are subject to change during the course of our annual external audit. They are being reported to you for informational and planning purposes. Any expenditure of the year end designated fund balances of the School Fund and General Fund are subject to approval by City Council through the adoption of an appropriation ordinance. We look forward to prioritizing and recommending to Council the most critical maintenance and equipment replacement needs during fiscal year 1996. Honorable Mayor and Members City Council July 24, 1995 Page 3 I would like to thank City Council, the administration and especially the Finance Staff for their support throughout fiscal year 1995. I would be pleased to address any questions that Council may have regarding the financial report. Sincerely, Director of Finance JDG:s JAMES D. GRISSO Director of Finance CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 462t'0 P.O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (703) 981-2821 Fax: (703) 981-2940 July 24, 1995 JESSE A. HALL Deputy Director Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Council Members: Attached is the City's year end unaudited financial report for fiscal year 1995. This is item 5.b.1. on Council's agenda for the meeting of July 24, 1995. I will present a sununary of this report at Monday's meeting. Please feel t~ee to call me prior to the meeting if you should have any questions. Sincerely, Director of Finance JGD/MRC/bls Enclosure July 24, 1995 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance Unaudited Year End Financials - Fiscal Year 1995 June marks the end of another fiscal year for the City of Roanoke. The year 1994-95 was a positive year in a financial sense for the City. Most importantly, however, is the fact that Roanoke maintained its reputation for providing a high level of municipal services to its citizens within a balanced conservative budget. In addition, we have seen major capital projects representing investments made on behalf of future generations of Roanokers, either completed or started this year. The completed projects include the opening of the Hotel Roanoke Conference Center and the Carvins Cove water improvements. Major projects in process include the Sewage Treatment Plant expansion and the jail addition. We have begun the planning for the upcoming sale of general obligation bonds in 1996, as previously approved by City citizens. The City's revenue base reflected a moderately strong local economy in 1994-95. Sales tax revenue, a direct barometer of consumer spending, exceeded our revenue projections by over 8%. Until the most recent cut in interest rates by the Federal Reserve, interest rates maintained an upward trend during most of 1994-95. Our local economic trends were considered in formulating our budget for the new fiscal year. Honorable Mayor and Members City Council July 24, 1995 Municipalities such as ours will constantly face new challenges in the years to come as we provide for unfunded mandates, additional service needs of citizens, waste disposal issues, and other priorities as we seek creative ways to operate in an efficient and effective manner. We will continue to strive for a conservative and sound financial position for the City as we plan for the City's future. These unaudited financial statements are provided to you for planning purposes. The amounts reported herein may change slightly during the course of our external audit. Now to focus the discussion on the City's General Fund operations for fiscal year 1995. Our revenue estimate from all sources was $137,189,315, while actual collections totaled $141,255,592. Collections exceeded the estimate by 2.96%. Listed below is a recent history of our General Fund revenue estimates compared to actual revenues. Operations of the School Board were accounted for as a separate fund starting in fiscal year 1994 and will be discussed later. (Revenue for 1993 for the General Fund and School Fund has been restated to be comparable.) GENERAL FUND Fiscal Revenue Actual Percent of Year Estimate Collections Estimate Collected 1995 $ 137,189,315 $ 141,255,592 102.96% 1994 131,792,839 135,511,618 102.82 1993 125,238,113 126,873,352 101.31 2 Honorable Mayor and Members City Council July 24, 1995 Some of the most anxiously awaited information at year end is the amount of designated funding for the Capital Maintenance and Equipment Replacement Program (CMERP). Council adopted Ordinance number 26292 on December 6, 1982 establishing a reserve of the General Fund year end balance for CMERP. Computed per the requirements of Ordinance 26292, CMERP for fiscal year 1995 for Schools is $1,374,295 and for the City is $4,327,037 or 3.04% of General Fund appropriations. The following allocation has been calculated based on the Revenue Allocation Model used for the adopted budget (See page 14 for details). General Fund Designated FY 1995 CMERP City Operations $ 4.327f037 School Operations $ 1,374.295 As mentioned earlier, the School Board operations were accounted for in a separate fund. The amount of CMERP designated in the School Fund totals $1,019,741. Therefore, the total CMERP available to the Schools in both the General Fund and School Fund is $2,394,036 ($1,374,295 and $1,019,741 ). General Fund Statement of Revenues A summary of unaudited revenues by category and the variances between actual collections and the budgetary estimates may be found on page 30. The following narrative discusses significant revenue trends for the year. 3 Honorable Mayor and Members City Council July 24, 1995 General Pronertv Taxes This category includes taxes on Real Estate, Personal Property, and Public Service Corporations as well as Penalties and Interest. Estimated revenues for this category were $56,201,000 while actual collections were $58,168,337, a positive variance of almost $2.0 million or 3.50%. Personal Property taxes exceeded budget by over $2.0 million and were in excess of the FY94 total by $1,712,000. Real Estate taxes increased approximately $310,000 over the prior year as well, but were slightly under budget. The Public Service Corporation tax also rose, up more than $300,000 from the budgeted estimate. Penalties and Interest dropped some in FY95 as expected with an improved economy and also due to effective collection efforts. Other Local Tsxes This category includes State Sales Tax, Utility Taxes, Cigarette Tax, Business and Occupational Licenses, Transient Room Tax, Franchise Taxes, Prepared Food and Beverage Taxes and other miscellaneous local taxes. This category of taxes serves as one of the best indicators Of the strength of the local economy. The total estimate for this category was $43,697,750, but actual collections were $45,519,403. Collections exceeded the budget by 4.17%. Sales Tax exceeded the estimate by 8.50% or $1,139,000. It also exceeded the FY94 total by approximately $878,000. The improvement in this area is particularly 4 Honorable Mayor and Members City Council July 24, 1995 encouraging because Sales Tax is derived from discretionary spending and is a reflection of consumer confidence in the economy. Utility Taxes fell short of the both the revenue estimate and the prior year revenue due to a milder winter in FY95. Conversely, cigarette taxes slightly exceeded both the budgeted amount and the FY94 level. Business and Occupational License Taxes exceeded their budget by $800,000. Transient Room Tax and Recordation and Probate taxes were both in line with their estimates and with revenue from the prior year, while the Admissions tax achieved a level 3.8% above that which was budgeted. Motor Vehicle Licenses exceeded the estimate by nearly $104,000 or 6.72%. Bank Stock taxes declined since last year and were well under budget due to changes in the reporting standards used by banks. Another local tax that exceeded its estimate was the Prepared Food and Beverage tax, up $417,000 or 8.65% from the budgeted amount. This tax is approximately $280,000 higher than that of FY94 and is somewhat due to new restaurant business within the City, but more importantly is a positive economic indicator. Permits. Fees and Licenses This revenue category includes dog licenses, building related fees, various inspection fees, street opening permits, and bingo audit fees. Actual revenue was $703,253, slightly 5 Honorable Mayor and Members City Council July 24, 1995 under the budgeted $724,500. The decrease is a result of lower electrical, plumbing, and elevator inspection fees. Fines and Forfeitures This category consists of parking tickets and fines collected by various courts. Revenues in this category exceeded the budgeted level by 22.68% and were well in excess of the prior year. This growth is due to $61,000 of Court Judgment Collection fees collected by the new Cost Collections Unit as well as increased General District Court fines, up 36.59% since FY94. Revenue from Use of Money and Property This revenue category consists of interest earnings and various property rentals. Revenue outperformed the estimate by $113,245 or 11.03%. Most of this positive variance is due to interest earned in excess of the budgeted amount. This occurred as the City was able to obtain higher interest rates in FY95 by expanding its investments to include Treasury Notes and by maximizing its investment of idle cash. Property rentals were slightly lower than the FY94 level but approximated budget. Grants-In-Aid Commonwealth This category is comprised of non-categorical aid (State recordation tax, ABC, wine, rolling stock and rental car tax), shared expenses for Constitutional Officers, Welfare (social 6 Honorable Mayor and Members City Council July 24, 1995 services, foster care, day care, welfare payments, employment services, and the Comprehensive Services Act Programs), and other categorical aid (street maintenance, City Jail Block Grant, Juvenile Facilities Block Grant, Law Enforcement and Library Grant). This category achieved revenues just over the budgeted level and 4.75% over that of FY94. The increase in the current year is due to revenue gains in rental car tax, State recordation tax, Jail shared expenses and block grant funding, and Street Maintenance categorical aid. Grants-In-Aid Federal Government This category consists of funding from the Federal Emergency Management Association (FEMA). Revenue in this category was 96.41% of its budget and $180,000 over that of FY94 due to the ice storm of 1994 reimbursements received in the current year. Charoes for Current Services This category includes court fees, refuse collection, weed cutting, emergency medical service,~police fees, fire safety fees, and central services charges. Collections totalled $2,589,873, $208,000 over that of FY94. The increased revenue in this category is due to increased Circuit Court fees and higher revenues for services such as EMS, weed cutting, demolitions, and police fees. These revenues are now on the accrual basis of accounting due to the implementation of the City-wide accounts receivable billing system. 7 Honorable Mayor and Members City Council July 24, 1995 Miscellaneous Revenue Revenues included in this category are payment in lieu of taxes from Roanoke Redevelopment and Housing Authority, sale of surplus property and other small, fluctuating revenues. Revenue was very close to the budgeted level and about $60,000 over the FY94 amount. The increase in the current year is primarily due to the sale of more surplus property. Internal Services This category represents reimbursements from Enterprise, Internal Service, and Agency Funds for services provided by General Fund departments. Services provided include fire safety for the Airport, billings and collections services for the Water and Sewage Treatment Funds, engineering services, and various other public works services. The positive variance of 6.35% or $109,181 is due to increased work performed by Street Maintenance and Building Maintenance. Exoenditures Total expenditures and encumbrances for FY 1995 were $140,324,455 which was $2,080,055 or 1.46% less than City Council had authorized (See page 30). The authorized expenditure budget includes several appropriations of CMERP funds during the year. General Fund expenditures and encumbrances are up 5.31% overall compared to last 8 Honorable Mayor and Members City Council July 24, 1995 fiscal year. The majority of this increase is due to personnel costs, but there are some variances worthy of comment. The General Government, Judicial Administration and Public Safety categories increased 5.19%, 7.06% and 2.34% respectively, all primarily due to increased 3ersonnel costs. Public Works expenditures are up from the prior year by 6.45%. These ~ncreased expenditures are due to increased landfill charges, increased personnel costs, and other equipment purchases. The Health and Welfare category is up 1.77%, due to increased personnel costs. The Parks, Recreation and Cultural expenditures reflect an increase of 5.41% compared to FY94. Most of the increase, other than salaries, was for the increased contribution of $276,500 for the Hotel Roanoke Conference Center Commission. Community Development expenditures are up 12.65% for FY95 due to a reorganization and transfer of employees from other departments into the Planning Department. Transfers to the Debt 6ervice Fund decreased 2.45%, reflecting the change in the payments for long term General Obligation debt. Transfers to the School Fund increased 6.47%, reflecting increased funding to the Schools. 9 Honorable Mayor and Members City Council July 24, 1995 Nondepartmental expenditures are up 41.37%, primarily due to an increased amount of funding transferred to the Capital Projects Fund in 1995. School Fund As mentioned earlier, School Board operations were accounted for in a separate fund starting in 1994. (Revenue for 1993 has been restated for comparative purposes.) The revenues included in this discussion do not include the multi-year Grant Funds, but only those revenues included in the adopted annual budget. School Fund revenues totalled $75,839,281, exceeding the estimate of $75,243,077 by $596,204 or .79%. Following is a recent history of School Fund revenue estimates compared to actual revenue. SCHOOLFUND Fiscal Revenue Actual Percent of Yeer Estimate Collections Estimate Collected 1995 $75,243,077 $75,839,281 100.79% 1994 69,410,080 69,563,387 100.22 1993 68,251,263 68,899,394 100.94 The amounts shown for FY95 are unaudited and may change slightly in the course of our external audit. They are being reported to you for informational and planning purposes. 10 Honorable Mayor and Members City Council July 24, 1995 The School Board will receive a portion of the General Fund CMERP, per the requirements established in Ordinance No. 26292, and also retain the CMERP generated in the School Fund. This is comparable to the method of allocating CMERP between the City and School Administration in prior years. Designated CMERP for FY95 School Share of General Fund CMERP School Fund CMERP Total School CMERP 1,374,295 1.019.741 2.394,036 School Fund Statement of Revenues Shown on page 31 is a summary of the major categories of revenues and the specific variances between actual (unaudited) and estimated. Following are some brief comments on the variances in major revenue categories. Grants-In-Aid Commonwealth This category includes State Sales Tax, basic State Aid, Special Education, Summer Schools, Vocational Education, At-Risk Children, fringe benefit reimbursement, Disparity Incentive and several smaller revenue sources. Revenues in this category totalled $34,757,076, coming in over the estimate by $578,921 or 1.69%. State Sales Tax collected totalled $7,569,138, which exceeded the estimate by $88,632 or 1.18%. 11 Honorable Mayor and Members City Council July 24, 1995 Special Education revenue exceeded the revenue estimate by $523,433. Other revenues collected were relatively close to the estimates. Grants-In-Aid Federal Government The basic revenue source in this category is School Food Aid. Total revenue collected in this category was $2,293,682, which was under the estimate by 2.07%. Choreas for Services Major sources of revenue in this category are tuition, cafeteria sales, and reimbursement for transportation for special trips. Revenues for the category totalled $2,410,818, or 0.13% under the estimate. Exoenditures Expenditures and encumbrances in the School Fund (excluding special purpose grants) totalled $74,868,876, leaving an unobligated balance of $392,621. It is important to note that the authorized expenditure budget includes several appropriations from CMERP during the fiscal-year. This provides an additional source of funding such that expenditures and encumbrances during the year actually exceed the amount of revenue received. A detailed analysis of the Enterprise Funds will be included with the annual financial report. 12 Honorable Mayor and Members City Council July 24, 1995 We would like to reiterate that the General and School Fund figures discussed above are unaudited and subject to change during the audit. We would also like to thank City Council, the administration, and especially the dedicated staff of the Department of Finance for their support throughout fiscal year 1995. We would be pleased to answer any questions that Council may have. JDG:pac Attachments Director of Finance W. Robert Herbert, City Manager James D. Ritchie, Assistant City Manager Wilburn C. Dibling, Jr., City Attorney Mary F. Parker, City Clerk George C. Snead, Director, Administration and Public Safety Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Glenn D. Ratcliffe, Director, Human Resources E. Wayne Harris, Superintendent, Roanoke City Schools Richard Kelley, Executive for Business Affairs Barry L. Key, Manager, Management and Budget Diane Akers, Administrator, Management and Budget 13 CITY OF ROANOKE ALLOCATION OF CMERP - GENERAL FUND JUNE 30, 1995 city Ooeretione Portion of General Fund CMERP: Citv Revenues (Other then Local Taxes) over Estimate City Unexpended Appropriations Increase in Insurance Reserve Local Tax Revenues Over Estimate Reserve for Retiree Raises Total City Portion of CMERP 277,287 2,080,055 250,000! 2,414,695 195.000i 4.327.077 School Ooerationa Portion of General Fund CMERP: Local Tax Revenue over Estimate (See attachment) Total General Fund CMERP for FY94-95 1.374,2~5 14 CITY OF ROANOKE CAPITAL MAINTENANCE AND EQUIPMENT REPLACEMENT RESERVE Per Ordinance No. 26292 Total General Fund Budget FY94-95 Deduct General Fund Debt Service Requirement Maximum Designated Capital Maintenance and Equipment Replacement Reserve 142,404,510 x 10% 14,240,451 8.110,665} 6.12~.786 Amount Designated as CMERP FY95: City Operations - General Fund School Operations - General Fund $ 4,327,037 1,374.295 $ 5,701.332 15 CITY OF ROANOKE GENERAL FUND REVENUES YEAR ENDED JUNE 30, 1995 (Unaudited) Analysis of School's Allocation of Local Tax Collection for FY 94-95 Local Taxes General Property Taxes Other Local Taxes Total Local Taxes Less: Local Taxes Dedicated for Soecific Pureoses Current Downtown District Real Estate Tax Delinquent Downtown District Real Estate Tax Current Williamson Road District Real Estate Tax Delinquent Williamson Road District Real Estate Tax Downtown District Public Service Tax Utility Consumer Tax (Roanoke River Flood Reduction Project Telephone Surcharge Tax (E911) 20% of Cable TV Franchise Tax - Local Government Access Channel Cigarette Tax for Bond Issue - Jail/Juvenile Detention Home Cigarette Tax for COPE Team and Convention and Visitor's Bureau Motor Vehicle License Tax for Bond Issue - Jail/Juvenile Home Transient Room Tax Increase (Convention and Visitors Bureau) Adjusted Total - Local Taxes Collection FY 94-95 School Percentage Share of Local Taxes (See Note) School Dollar Share of Local Taxes Less: Original Budgetary Allocation of Local Taxes to Schools Additional Allocation of Collected Local Taxes to Schools Actual Collections FY 94-~15 58,168,336 45,519,403 103,6~7,73~ 172,937) 3,915) 49,612) 1,086) 23,768) 808,000) 302,089) 117,120) 305,000) 501,429) 325,000) 200,000) 100,877,783 x 36.42% 36,739,689 35,365,394 $ 1~374~295 Note: Percentage share based on Revenue Allocation Model developed by Office of Management and Budget for FY 94-95 budget. 16 CITY OF ROANOKE SUMMARY OF TOTAL CMERP FUNDING FOR SCHOOLS JUNE 30, 1995 General Fund CMERP Allocated to School Operations School Fund CMERP Allocated to School Operations School Fund Revenues Over Estimates School Fund Unexpended Appropriations Decrease in Workers' Compensation Reserve Total FY94-95 CMERP Funds Available to Schools 596,2O4 392,621 30.916 1,374,295 1.019.741 $ 2.394~Q~6 17 REAL ESTATE TAX REVENUE CITY OF ROANOKE 10 9 8 7 6 5 2 0 JUL SEP NOV ] JAN I MAR I MA~ AUG OCT DEC F~B APR JUN MONTH CITY OF ROANQKE, VIRGIN]A REAL ESTATE TAX RMHt~ #IST08Y RECAP FY 1992 * FY JUL 108,783.63 152,937.64. 1M,376.95 AUG 167,926.04 1,065,212.43 659,9~.1.7Q 2,223,114.91 SEP 8,413,175.5T 8,2?9,020.69 8,160,938.31 8,6~:5,526.74 OCT 8,479,409.18 8,~,1,159.&9 9,320,561.~8 7,80~.,810.74 NOV 197,268.~ ~,6~7.38 307,274.47 290,50~.78 DEC 315,29Z.19 ZS9,8~.50 269,327.41 175,~7.76 JAN 133,657.~8 1~,331.13 255,557.09 ~8,S~..94 FEB 326,606.g~ ~/2, 7~,/~x 1,385,78;%56 277,509.09 HAR 8,616,~&.6~ 8,911,159.~ 8,569,9~0.39 10,3&0,80~.53 APlt ?, 142,166.19 ?,~M ,77~.74 7,091,334.49 6,766, 28Z.61 HAY 122,86g.16 20~,537.59 JUN 285,670.32 Z07,653.34 ~,61,31&.22 114,316.87 114,316.87 149,630.7Q -23.6G~ 0.30~ 2,337,431.78 814,413.85 187.01X 0.23X 11,0~:),958.5:' 9,S&1,96Q.16 15.63X 29.41% 18,837,769.26 18,7~6,9~1.68 0.43X 50.22% 19,128,Z7&.04 19,016,&9:~. 19 0.59'4 51.00X 19,303,661.80 19,313,O30.S& 19,33:',166.74. 19,526,386.17 19,609,67~.83 20,2Z3,$09.32 -3.0&% 52.28~ 29,950,&78.36 29,387,981.83 1.91~ 79.85X 36,716~760.97 36,979,559.09 209,508.65 36,926,269.62 37,172,76~.~0 -0.66X ~8.~$X 252,851.68 37,179,1Zl.30 37,508,000.00 -0.88X 99.12~ TOTALS 3a,,329,073.52 35,612,039.5~ 36,869,131.31 37,179,121.30 37,179,121.30 37,508,000.00 -0.88~ (TO DATE) (TO DATE) 2XNCREASE $.76X 3.74X 3.532 (TO DATE) '18 PERSONAL PROPERTY TAX REVENUE 8 '5 5 0 FY 1991 FY 1992 FY 1995 F'Y 1994. FISCAL YEAR FY 1995 CITY QF RGMICICE, VIRGENIA P~RWML P*MBITY TAX RE~IMJE REC4P FY1991-199S FY 1991 FY 199~ FY 1993 FY 199/) TOTALS 13,565,327.90 1&,332,0~S.6& I&,M3,175.87 15,5Z5,055.93 X ZNC~EASE 10.67'~ S.6S'z 2./)5'z S.7'~ OJIRENT YF. AJI 7, TOT FY 1995 RE~NUE ESTIIMTE ~ VARIANCE EUOGET 17, Z37,~30.32 15,171,000.00 13.622 113.6~2 (TO DATE) (TO DATE) 19 SALES TAX REVENUE (1% LOCAL OPTION) CITY OF ROANOKE 13 0.8 0.7 0.$ 0.5 0.2 0 JUL I SEP ~ NOV I JAN I MAR I MAY OCT DEC FEB a"R JUN MONTH ~ ~ 95 ~ ~ 9~ ~93 ~92 CITY OF ROANOKE, VIRGINIA 12 SALES TAX HISTORY RECJLO ICY 1992 - FY 1~95 JUL 9~0,957.07 1,100,611.11 1,153,778.M 1,178,055.63 1,178,055.63 1, IZZ,753.62 &.93X 8.79X MJG 9M,M7.51 1,013,933.32 1,067,~9.O8 1,119,934.79 2,~97,990.&2 2,206,876.00 /.. 13X 17.15'~ SEP 929,369.32 91T,968.66 1,135,497.40 1,261,313.17 3,559,503.59 3,261,560.5& 9.132 OCT 902,733.76 1,169,367.67 969,839.71 1,23/.,9:~1.O8 4,814,424.67 4,337,151.T5 11.002 35.932 NOV 9M,3~.99 911,SS0.&3 1,029,281.03 1,17'5,196.49 5,987,621.16 5,3M,377.3o 11.627. 44.~ DEC 1,0:38,566.11 1,0~1,360.~ 1,035,18~.59 1,269,156.~ T,236,777.5~ 6,/.05,A~2.51 12.23X 54.16~. dAR 1,~81,3~0.6.~ 1,328,~1.81 1,855,389.52 1,587,303.35 8,8~,080.89 8,079,85/,.80 9.46X ~6.0O2 FEB 968,~&.~ 921,737.73 881,203.89 1,055,977.8~ 9:gQQ,QSS.71 9,059,8~3.09 9.2~ MAR 85&,303.61 9~6,MI.79 1,097,077.27 1,062,590.82 10,962,6~,9.53 10,O88,ZM.~ 8.6~ 81.81X APR 887,590.31 966,782.10 1,069,~T.73 1,200,616.13 12,163,265.66 11,122,156.M 9.~6X MAY 1,016,155.81 1,OOg,ZOT.7~ 1,1M,837.55 1,167,292.~ 13,330,558.10 12,~37,~3.62 8.?~X ~UN 1,09',8~7.M 953,7M.72 1,181,31/..08 1,208,915.27 1/.,539,/.73.37 13,/.OQ,OQQ.O0 8.502 108.502 TOTALS 11,9~3,88~.29 12,293,157.58 13,660,5/.1.19 1&,539,/.73.37 14,539,473.37 13,40Q,OOQ.O0 8.502 lO8.5O2 (TO DATE) (TO OATE) 2INCREASE -3.16X 2.9~ 11.122 (TO DATE) Projected Cottecttm~ ire i~l~l on prorltion of previous threl yelrl data. 2O 12 0.9 -- 0.5 -- JUL AU(; UTILITY TAX REVENUE CI]W OF ROANOKE NOV JAN I OCT DEC FEB MONTH MAR MAY APR JUN CITY OF ROAN~4CE, VIRGINIA UTILITY TAX HISTORY RECAP FY 199:1 - FY 1995 * PROJECTED ~ TOT HONTH FY 199~ FY 1993 FY 199~ FY 199f FY 1995 YTD COLLECTIONS ,z VARIANCE BUOGET JUL 8~,565.69 847',012.52 955,~6.01 ~$,?&2.28 955,7.4.2.Z8 ~9,~.~3 O.MX 9.10X ~G 719,~.~ ~5,~7.76 ~9,2Z7. IZ ~Z,1Z~.57 1,~,~.~ 1,~,~1.~ -3.61X 16.93X ~P 81~,214.~ 819,110.~ ~1,~9.~ ~,~.~9 ~ ~1,~5.81 ~,5~.~ 610,4~.33 ~5,313.~ ~,119,919.~ 4,Z~,711.M *3.~X 39.Z4X DEC ~,Zl1.~ ~,~5.1~ 1,0~,292.87 ~O,Z~.~ FEB F~,~.6~ ~,~.31 ~,2~.93 91~,~1.33 ~ 745,~!.~ ~,~7.~ 913,489.34 856,4~.91 7,~5,561.~ ~,9~,q55.~4 ~n 743,2~.01 ~1,1~.76 ~,~.~ ~0,~1.3Z 8,416,51Z.~ 8,~,~5.~ -4.~3X 80.16X JUN ~.210.~ ~,.1.~ 8~,7~.16 9~,~1.69 10,15~,~.81 10,5~,~.~ -~.Z~ 96.71X TOTALS 9,164,417.34 9,826,816.07 10,622,545.S& lO,15&,&30.81 10,154,430.81 10,500,000.00 -3.2~ 96.71X (TO DATE) (TO DATE) XIWCRF. ASE -0.32~ 7.~X 8.10X -4.41~.-..~....nms.s..s..tt..stt.sss...=8..--===:=------- (TO DATE) 21 CIGARETTE TAX REVENUE CITY OF ROANOKE 220 2O0 180 160 140 120 100 80 60 4-0 20 0 JUL SEP NOV JAN MAR MAY AUG OCT DEC FEB APR JUN MONTH CZTY OF: ROAN(~CE, VZEGI#IA CIGARETTE TAX REVENUE HISTQI~Y RECAP FY 199:) - FY 1995 * P~JECTEO % TOT MO#TH FY 199~ FY 1993 FY 109& FY 1995 FY 1995 YTO CO~.~ECTI(~iS % VARXANCE BUOGET JUL 70,3SZ.O& 113,5Z?.~1 1Z3,T&0.S7 16T,6Z8.51 I&?,628.51 118,867.07 ~1.02% 10.13% AU6 168,~.06 108,7Z7.95 169,~0.13 101,712.~ Z~,~I.Z6 2~,0~.~ -5.1~ ~P ~,501.~ 135,6~.~ 130,~.~ 1~7,~37.~ ~16,~.~ ~,165.~ -1.51% 25.18% ~T 71,112.~ 12~,316.~ 121,912.39 15~,0~.15 5~,~1.~ 5~5,~.19 ~.~% 3~.3~ N~ 102,111.~ 1~,~.~ I~,374.~5 151,11~.51 719,~5.91 6~,1~.~ 2.9~ ~3.5~ DEC ~,0~.~! 97,1~.53 143,~91.39 J~ 97,3~.~' 107,~.~ 114,371.01 1~0,~.21 ~1,135.17 FEB 76,~.~ 91,5~.11 147,355.93 119,~7.10 1,~,9~.~7 1,07~,~3.67 0.5~ 65.31X J~ 1~3,~.~ 159,~.~ 1~,~.07 Z08,507.81 1,~,~.~9 1,655,~.~ 1.81X 101.81X TOTALS 1o 16&,728.T& 1,&71,~,5.09 1,646,855.15 1,~8~,998.&9 1,68~,gd~.&9 1,655,0~0.00 1.81% 101.81% (TO DATE) (TO DATE) %INCREA~ 6,&TX 26.33X 11.9~ ~.3~/~ CIO DATE) 22 6 5 2 0 BUSINESS LICENSE REVENUE CITY OF' ROANOKE JUL 5EP NOV I JAN MAR MAY AUG OCT DEC FEB APR JUN MONTH CiTY OF RGANOICE, VIRGINIA #ISTMY OF BUSINESS ANO OCCtPATIOflAL LICENSE REVEler RECAP FY 1992 - FY 1995 * PROJECTED % TOT M~#T# FY 199~ FY 1993 FY 199~ FY 1995 FY lg~SYTD COLLECTIONS X VARIANCE 8UOGET JUL 39,870.10 4,699.00 (S0,935.65) 36,~3.29 36,~S.29 (2,258.85) -1713.36% 0.452 AUG 32,383.71 31,M7.94 83,003.6& 84,011.18 1ZO,&S4..47 49,994.27 140.94% 1.48~ SEP 6,932.8d~ ~9,0M.39 &,~85.39 42,601.67 163,136.14 6&,358.17 153.~2 ~.00% GCT 12,869.M 31,513.20 17,352.55 ~.,97&.]3 208,11G.4T 86,268.92 1&1.~% 2.55% NOV 6,07~..09 26,366.30 25,611.37 36,709.19 244,819.66 106,84.7.39 129.13X 3.002 DEC 8,900.21 1&,40S.04 2,589.49 (&O,O01.02) ZO4,818.M 116,03&.81 76.51% 2.512 dA# 2,021,02&.67 1,~6,~.02 1,078,$9].$0 1,858,912.59 2,063,7'~1.~q 1,~92,228.2] 9.062 25.2~ FEB 3,~&,897.8~ 4,056,908.n 5,149,938.08 S,192,930.89 7,256,662.12 6,491,0&1.57 11.80% 88.932 HAR 1~8,&13.19 381,658.73 17~,33~.81 217,029.92 ?,473,69Z.O&. 6,?40,~&.?& 10.88X 91.59X APR 118,003.57 10,t.,395.~ 121,245.13 101,SZ3.7~ 7,575,215.83 6,862,179.45 10.39~ 92.83% IMY 452,507.87 943,951.59 760,~67.25 782.,505.99 8,]37,7Zl.82 7,627,&S&.78 9.57'X 102.4ZX JUN 655,362.62 $30,715.61 514,899.24 60~,135.16 8,961,856.~ 8,160,000.00 9.832 109.83% TOTALS ?,Z57,188.9~ 7,862,367.39 T,879,38~..60 8,961,856.98 8,961,856.98 8,160,000.00 9.83X 109.83X (TO DATE) (TO DATE) %INCREASE -3.39~ 8.34% 0.222 13. (TO DATE) Projected CoiLecttcno ire ))lied oll prorotJon of previous three yeirt dltm. 23 30 26 24 22 ADMISSION TAX REVENUE CI"~' OF ROANOKE 20 ~8 12 8 $ 2 0 JUL I SEP I NOV I JAN I MARl MAY AUG OCT 0EC FEB APR JUN MONTH CITY OF RQAX~KE, VIRGINIA ~NISSl~ll TAX RE, EKE RECAP FY 1992 - FY 1995 * PRO`JECTED % TOT HQIIT# FY 1992 FY 1993 FY 1994 FY 1995 FY 1995 YTD COLLECTIQflS % VARIANCE 8UOGET `JUL 16,990.28 17,50~,.07 7,490.42 21,677.T/' 21,67'7.77 15,633.17 38.67~ 9.99~ AUG 16,618.86 20,079.&1 24,960.66 28,09~.97 49,775.1'4 38,59~.08 SEP 19,L~3.~9 21,135.~6 21,561.71 21,618.:~' 71,391.96 61,659.7'5 15.78% 32.90% OCT 11,8~8.67 14,699.08 16,942.32 16,179.~0 87,571.66 77,8~S.95 12./*0% 40.36X ~ 1~',896.39 14,173.67 19,558.52 20,730.68 108,302.:~, 95,208.26 13.7~% ~.9.91% DEC 14,?&0.34 16,072.~5 14,141.22 15,088.7'6 12~,391.10 111,9/,7.18 10.;'2X 56.86X JAN 1&,450.41~ 21,171.7~ 21,660.65 28,0~5.84. IS1,&36.9& 133,276.82 15.63% 69.792 FEB 9,?01.9~ 19,1S~1.60 8,581.?~ 13,?00.&0 165,157.3/, 1&7,218.$8 12.17~ 76.10% HAR 10,363.71 21,521.3T 12,579.53 13,93~.30 179,071.64 163,775.12 9.34% 82.522 APR 12,090.SA 10,/~..83 21,219.69 11,691.22 19Q,762.86 180,076.17 5.94% 87.91% HAy 10,512.~ 15,608.~6 15,275.19 13,/.73.24. 20/,, ~36.10 195o/~8.13 ,JUN 11,671.4J~ 25,991.63 20,109.67 21,00~.~ 225,2&1.(~', 217,000.0Q 3.80% 103.80% TOTALS 161,118./,6 217,57~.99 20~,081.33 225,2/.1.4& 2~5,2/.1./~, 217,000.00 3.80% 103.80% (TO DATE) (TO DATE) %INCREAS~ -6.69~ 3S.O/*Z -6.20% 10.37'/~m=.-=.=~,.=,--=---=--==--=---~'-=------=- ==-==='== (TO DATE) * Projecticl CoLLectior4 Ire based o~ pl'or&t?~ of pre¥i~ three yelr$ dltl, 24 0.9 0.8 07 06 0.5 0.,3 0.2 0 MOTOR VEHICLF LICF'NSF REV£NUF CiTY OF ~OANOKE B JUL SFP NOV JAN MAR I MAY AUG OCT DEC FEB APR JUN MONTH CiTY OF ROANOKE, V~RGI#IA HOTC~ VEHICLE LZ~#SE REV~II~ H1STQIY RECAP FY 1992 - FY 1995 JUL 18,360.10 22,51Z.30 Z0,039.~0 26,610.68 Z6,610.6& Z3,613.09 1Z.6~ 1.7~ AUG 15,3&9.81 16,&2T.~O 16,~.~ ~,~.40 53,4~.M 42,5~.6S 2:.MX 3.46X SEP 13,~.~ 15,~.~ 13,~2.30 2S,~.00 ~T 1~,9~.~ 15,~.~ 13,3~.~ 2~,87&.~ 1~,~.~ T6,~9.~ 35.602 6.~ N~ 11,~6.50 13,~.~ 12,137.~ 27,916.00 131,~1.M ~,~2.~ 44.942 8.512 DEC 8,1(7.~ 9,~7.~ 9,~1.~ 19,7~9.ZI 151,0~.~ JAN 6,&l&.~ T,~.35 7,~.50 1~,~.61 165,~0.~ 1~,~1.~ 53.85X lO.~X FEI S,~.~ 6,518.~ 7,~20.~ 1G,~8.fl 1~,~9.~ 116,910.S3 53.9~ 11.MX ~Y 7~,1&5.37 ~1,~.5& ~,618.76 9~,~.27 1,~,~2.S3 1,~,~5.M ~.~X ~.6~ JUN ~57,~35.10 1M,~.10 151,~58.Z3 Z16,~.(7 1,~,T&I.~ 1,5A3,~.~ 6.~2 I06.~ TOTALS I,Z17,578.76 1, Z]Z,O57.91 1,5Z9, 7'71.78 1,(~,6, ?&l.OO 1,6~6,?&1.00 1, :&3,O00.O0 :.72X 106.72~ (TO DATE) (TO DATE) ~INCREASE 0.O~ 1.Z6~ 24.0~'A ::::::::::::::::::::::::::::::,ms::::::::::::::::::::::: (TO DATE) 25 PREPARED FOODS TAX REVENUE CITY OF' ROANOKE. VIRCINIA 5OO 400 -- 300 -- 200 -- 100 -- JUL SEP NOV I JAN MAR MAY AUG OCT OEC FE~ APR JUN MONTH CZTY OF ROAWXC~, VIRGINIA PREPARED FOG;IS TAX RE,RUE HZSTO0Y FY 199~' - FY 199'5 NONT# * PROdECTED 2 TOT FY 199~ FY 1993 FY 199~ FY 1995 FY 1995 YTD COLLECTIONS X VARZANCE BUOGET JUL OCT MOV DEC JAN FEB klAx ~PR NAY JUN 402,~.35 371,5~.28 4O0,2S&.51 435,371.15 435,371.15 407,~8~.39 6.?'7~ 9.032 368,503.92 383,5M,.06 405,Z98.AL &25,722.6S 861,093.O0 805,218.74 6.942 17.852 ~&6,332.0~ ~9,0]?.M &lS,MS.20 &22,Z.x~.18 1,2r%327.9~ 1,196,M1.01 ?.~22 26.002 $59,9~1.40 394,6T&.48 ~26,~9~,.22 448,187.71 1,731,515.69 1,O00,2&Z.&3 8.202 $5.89~ 362,1Z0.35 3SA,M1.79 408,997.69 416,692.17 2,148,207.86 1,986,829.95 8.1Z2 44.532 398,08~3.96 44Z,017.05 438,085.81 47Z,O1S.gz 2,620,Z23.78 2,425,753.32 8.022 54.322 328,938.~ 388,71S.ZZ 3S8,303.84 386,912.55 3,007,136.33 Z,?gS,Z32.19 ?.582 62.342 340,010.IS 351,~1.93 3~,081.7~ 393.174.06 3,400,310.39 3,1O0,630.16 7.582 70.492 3M,4Z~.Z1 3M,gM.48 428,9S0.97 456,319.49 3,856,6~9.88 3,566,648.Z3 8.132 79.952 360,667.59 4Q~,Zge.53 42&,398.63 46Z,296.98 4,318,926.86 3,976,442.10 8.612 89.532 413,76Z.37' 414,191.36 431,711.71 469,353.4.3 4,788,2O0.&9 4,409,005.31 8.602 c}9.26X 366,103.77 41Z,T16.78 429,683.66 452,874.M 5,241,155.15 4,82&,0O0.O0 8.652 108.65~ TOTALS &,413,606.M 4,685,433.55 4,9~8,906.83 21RCREA~ 3.952 6.162 5.6~t 5,241,155.15 5,241,155.15 4,824,O00.O0 8.65Z 108.65Z (TO DATE) (TO DATE) 26 F-INE$ AND FORFEITURES REVENUE CITY OF ROANOKE 90 80 70 60 50 4.0 50 20 10 0 JUL SEP NOV JAN MAR MAY AUG OCT 0EC FEB APR JUN MONTH CITY OF EOAK~CE, VIRGINIA TOTAL FINES ANO FQRFEITURE$ ASVE~U~ HISTnBY RECAP FY 199~ - FY 199S d, PROJECTED 2 TOT 14CflTg FY 199~ FY 1993 FY 1994 FY 1995 FY 1995 YTD COLLECTIONS 2 VARIANCE 8UOGET JUL S1,819.21 51,515.T4 S&, 173.&3 62,245.13 62,2&$. l'q 59,368.20 4.852 8.682 AUG &Z,gQ?.7'~ &9,617.6~ 57,0&2.09 61,278.37 123,57.3.50 11S,T&3.29 6.7'~ 17.212 SEP 50,055.72 53,333.29 59,501.&5 75,857.31 199,380.81 17;',14.0.12 1:).562 27'.812 OCT 68,809.85 S~[,706.36 S6,28S.55 66,'(34 .M, 26S,71S.6S 236,99S.82 12.122 37.062 NOV 36,66~.7~ 49,49"3.~9 $3,~4~.9S 67,862.84. 333,578.49 Z89,616.&~ 15,18~ 46.522 DEC 35,1Q4..~ 58,421.20 49,690.04. 74,803.36 408,381.~5 343,597.69 18.85X 56.962 JAN &:), O&7.7~_ 51,1B8.96 /,8,328.15 86,125.91 49~,507.76 396,9S6.4S Z4.5~ ~.9~ FEB &7,6~5.S~ 59,869.7S 57,663.96 78,3QZ.51 572,810.27 &59, :'19.7'5 2&.7&2 79.89~ HAR 62,6111.&1 61,13/,.90 60,'~4.&.35 83,633.19 656,~43.~6 $28,609.9~ 24..18X 91.562 APR 50,97~'.3S' 47,6&6.60 53,966.98 80,53A.Z9 736,9TT.75 586,139.04, 25.7'3X 10;).7~ HAY 51,:'13.9& ~6, 0~, .6~. 57,~3~.95 83,610.06 ~O,5a?.al 6~.,391.Z~t ;~7o34.2 114,4.52 dWI 58,6&s.gz 63,ZZ8.ZO 70,741.27 59,0~6.46 879,63&.27 716,992.00 22.68~ 1ZZ.~2 TOTALS 578,518.~It 645,291.19 (TO DATE) (TO DATE) XI#CREAS~ -1&.3OX 11.54X (TO DATE) 27 70 60 50 4.0 20 10 0 -10 --20 -30 -4,0 INTEREST INCOME ON INVESTMENTS CITY OF' ROANOKE JUL SEP NOV JAN MAR MAY AUG OCT OEC FEB APR JUN MONTH CITY OF ROANOKE HIST(~Y OF [#TEREST Z#C:CNE ON INVESTHEIITS FY 1992 - FY 199~ JUL ~5,7~6.mi 26,621.74. 18,381.86 23, ~'79.79 23,2?9.79 7,421.27 Z13.69~ AUG ZS ,326.8& 4,712.27 2,081.8~ 20,613.~, 43,893.Z3 10,~.07 3~.~ 109.~X SEP 16,~.~ 6,~1.17 (17,~.~) 12,371.~ 56,~.~ 11,453.40 391.25X l~O.~X ~T 21,~.~ 1&,~14.51 5,~.71 17,3~.~ ~,~.1~ 15,~.~7 ~S.~X I~.01X g~ 15,~.SZ 37,~7.~ 7,713.47 13,~8.~ ~,65Z.10 ~,11Z.15 291.~ 216.~X DEC (30,~.~) 17,1~.~ (&,~18.16) (5,9~.28) ~,~.~ Z0,31~.58 297.31~ Z01.76~ J~ (24,976.~ (2,110.~) (9,~.~) (1&,300.~) ~,~.~ 16,~.~ 303.&02 1~.01~ FEB (13,~.~ (~,6~.12) C9,655.~) (12,531.~) 53,871.~ 13,521.30 ~ C10,~.~) (5,~.~) 24,~.05 C10,3~.67) ~,5~.I0 1~,3~.~ ZOZ.~2 1~.912 APR 8,~.~ 11,6~.97 45,3~.~ 1~,~.~ 57,~5.~ 21,~1.~ 170.7~2 1~.11~ ~Y 19,~.1& 9,718.~ 31,~.~ ~,2~.~ ~,912.91 ~7,~.51 JUN 33,3~.~ ~,~9.~ ~,~.SO ~,~4.03 158,~.~ ~0,~.~ 297.0~ 28 Genial Con~: CITY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE JUNE 3O, 1995 Balance July 1, 1994 On]. 32165 32173 CMT051 32191 CMT073 CMT 094 CMT 105 CMT 113 32304 CMT 120 32350 CMT160 CMT161 32401 CMT 183 CMT 185 CMT191 CMT 195 CMT 208 CMT 210 CMT237 CMT255 CMT258 cM'r278 32446 32488 CMT332 32523 CMT372 CMT373 CMT377 CMT409 CM1'562 Contributions Commonwealth's Attorney Commissioner of the Revenue Trecafer to Capital Projects Office of Management and Budget City Council Personnel Management City Council Personnel Management Persormal Management oran.-in-Aid Federal Government Commi~ioner of the Revenue CommlssionM of the Revenue Snow Removal City Attorney City Attorney City Atton~y City Manager City Manager Juvenile and Domestic Relations Court Juvenile ~ Domestio Relations Cou~ ~ - Cultural Tran~t~ to Capital Pro)acta GMwal Sewioes General Sewioso City Mlnlger City Clew Recreeton Partnership for U~bon Virginia Personnel, Furniture and Equipment Furniture - DMV Office Jail Annex Solid Waste Collection Study Fax Machines for Council Members C~uncil Report Writing Training Strategic Planning Workshop Drug and Alcohol Testing for Commercial Driver's Licenses City Employee P~ne Portion of tho Virginia Department of Eme~lonCy Services 1994 Ice Storm Reimbursement Used to Increase the Contingency Balance 1995-96 Decal Order 1995-99 Decal Order Overtime Wages & Chemicals Fess fo~ ProfeSmOnel Sewicae Fees for Professional Servicae Fees For Professional Services Citizen's Handbook Fees for Professional Services Equipment Costs Miss Virginia Pageant Furniture Equipment Leadership Meeting Costs Demolition of Unsafe Buildings Demolition of Unsafe Buildings Roanoke Valle~ 'rime Trial at Tour DuPont Jefferson Center Renovation Computer Equil~nent Computer Equipment Student Government Day Computer Equipment Provide Funding for departmental Expenditures Total Condage~'y 8.L. nca I 366,911 10,0OO) 13,273) 3,995) 53,589) 2,000) 900) 1,696) 3,540) 33,147} 3,0201 85,072 3,500) 5,000} 61,875) 5,000) 5,000) 5,000) 5,000) 5,000i 1,000! 3,000) 3,904) 3,000~ 5,0001 46,700} 35,000) 5,000) 110,000) 5,000) 5,000) 5,000) 2601 3.624) 29 General Property Taxee Other Local Taxel Permite, Feel end Uoenl~ CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Y~ir to Date for the Period Revi~d Jul l-Jun 30 Jul 1-Jun 30 Pif~ntige Revenue 1~)93-94 1994-91~ of Chln~ Eltimltle $ 56,121,528 $ 55,168,337 3.65% $ 59.201,000 43,908,039 49,519,403 3.67% 43,697,750 737,611 703,253 ( 4.66%) 724,500 678,429 879,634 29.66% 716,992 1,151,574 1,139,845 ( 1.03%) 1,026,900 28,509,063 29,863,171 4.75% 25,859,249 99,996 275,575 188.27% 285,825 2,381,703 2,589,873 8.74% 2,671,399 226,933 288,820 27.27% 297,500 1,701.046 1,827.681 7.44% 1.719.500 ~ 135,Bll.618 $141.259.592 4T~4~ $ 137,189.31S Estimate Received 103.50% 104.17% 97.07% 122.68% 100.01% 96.41% 96.95% 100.46% 106.35% 102.96% Judicial Administration Public Safety Public Worke Health and Welfare parkl, Recreation and Community Development Fund Transfer to School Fund NondepartJnental Total STATEMENT OF EXPENDITURES AND ENCUMBRANCES Jul 1~w1 30 Jul 1-J~1 30 Percentage Unencumbered 1993-84 1994-95 of Chlnae Balen~ g.221,342 S 9,999,839 5.19% $ 154,352 3,547,879 3,798,360 7.06% 96,295 31,356,053 32,089,254 2.34% 299,591 20.295,192 21,604,377 6.45% 158,711 · 19,972,142 17,272,952 1.77% 1,133,854 Current Fi~cal Yeer ReM,#d Budget ADoro~ristiofl. Obligated $ 5,854,191 98.43% 3,894,655 97.53% 32,388,815 99.09% 21,763,088 99.27% 18,406,806 93.94% 4,7~11,015 5,007,971 9.41% 41,746 5,049,717 99.17% 1,030,642 1,161,054 12.65% 148,014 1,309.068 88.69% 8.314,808 8,110,665 ( 2.45%) 33,821,839 3.939.809 1~3.250.57~ 36,010,144 6.47% 5.569.839 41.37 ~/~ 47.522 140.324.456 5.31% $ 2.080°065 36,010,144 100.00% 5.617.361 99.15% 142.404.510 98.54% 30 State Salel Tax Grante-in-Aid Commonwe'~th Gfantl-ir~Aid Federal Govarm~ant Chargal fo~ 5e~c# Tr.n~fer fr~ Gener~ Fu~ CITY OF ROANOKE, VIRGINIA SCHOOL FUND STATEMENT OF REVENUE Yea~' to Date for the PeHod Jul l-Jun 30 Jul 1-Jun 30 Percentage 1993-94 1994-95 of Chanae $ 6,920,71S $ 7,569,138 9.37% 23,800,260 27,187,938 14.23% 2,179,280 2,293,682 5.25% 2,655,320 2,778,379 4.63% 34,007,812 36,010,144 5.89% 1 lr35;~,360 10,505,901 { 7,4~leXt) $ 8019161747 $ 86r34~f18~ 6.71% Revieed Revenue E~timltae Received $ 7,480,506 101.18% 26,697,849 101.84% 2.342,068 97.93% 2,727,983 101.85% 35,S94,871 100.04% $ 87,048,047 99.19% Food Servioea Special Purpose Grantl Total STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period 8,852,899 8,660,605 ( 2.17%) 110,798 8,771,401 98.74% 3,135.646 2,380,590 1,874,~03 11.352.3~0 3,254,164 3.78% 65,127 3,895,683 55.24% 18 11.804,970 3.99% $ 88.825,135 7.07% $ 392.620 3,319,291 98.04% 3,695,701 100.00% 2,092,417 99.85% 11,804,970 N/A $ 89,217,755 99.56% 31 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF JUNE 30, 1995 General Government Judicial Administration Public Safety Education Recreation Streets and Bridges Sanitation Projects Traffic Engineering & Communications Other Infrastructure Projects Capital Improvement Reserve TotM Expandltures Unexpandud Outstanding Unencumbered Budout To Date Balance Encumbrances Balance $ 31,913,164 $ 29,131,126 $ 2,782,038 $ 699,120 $ 2,082,918 37,610 34,572 3,038 2,967 71 9,166,584 4,172,622 4,993,962 4,673,987 318,975 12,960,650 9,167,092 3,793,558 3,513,576 279,882 230,266 46,645 183,621 176,756 6,865 10,303,598 6,717,888 3,585,710 1,767,961 1,817,749 3,992,840 3,648,500 344,340 291,309 53,031 1,393,300 1,193,517 199,783 199,783 7,406,226 4,377,389 3,028,837 808,693 2,220,144 (1.870.275) (1.870.275) (1.870.275) $ 75,533.963 $ 58.489,351 S 17.044.612 $ 11.934,369 $ 5110243 32 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 12 MONTHS ENDING JUNE 30, 1995 Operating Revenue: Commercial Sales Domestic Sales Industrial Sales Town of Vinton Roanoke County Customer Services Total Operating Revenue Less: Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenaea Operating Income Add: Non-Operating Revenue (Expensesl Interest on Investments Rent Operating Supplement from General Fund Miscellaneous Revenue Miscellaneous Expense Total Non-Operating Revenue (Expenses) Net Income 3,206,180 2,822,696 258,013 26,942 2,113,026 430.484 8.857,341 1,300,800 3,192,379 938.770 5.431.949 3,425.392 145,601 8,300 3,465 25,059 1,245) 181.180 3.606.572 1994 3,110,603 2,844,686 257,933 16,956 1,068,133 336,334 7.634.65~ 1,090,5577 3,246,733 796.533 5,133,843 2.500,812 88,316 7,475 2,374 ( 1,2831 96,882 $ 2.597~694 33 CITY OF ROANOKE, VIRGINIA WATER FUND JUNE 30, 1995 (CONTINUED) Capital Outlay Not Included in Operating Expenses: Project Other Equipment Vehicular Equipment New Services, Hydrants, and Lines Fire Hydrants FY 86 Project Design Carvins Cove Improvement Phase I Carvins Cove Improvement Phase II Carvins Cove Filter Plant Water Plant Expansion Bonds 92 Carvins Cove Filter Plant Phase I Falling Creek Finished Water Res. Carvins Cove Phase II Cont B-2 Carvine Cove Phase II Cont Col Carvins Cove Phase II Cont C-2 Carvine Cove Phase II Cont A-2 Fifth Street Bridge Replacement RCIT Water Storage Tank Carvins Cove Phase II Cont B-1 RCIT Water Tank Carvins Cove Phase II Cont A-1 VDOT Waterline Betterment New Contract Items - Carvine Cove Carvins Cove Reservoir - Property Expand Carvins Cove Plant Realignment of Thirlane Road Total Project Expenditures Less Prl~' Yea~ Expenditures Total Cun~tt Yea~ Expenditures Year to Date Exoanditures 18,286 61,687 505,667 9,982 12,103 1,926,856 1,234,639 243,608 2,952,859 3,640,534 268,296 2,106,553 1,460,730 2,146,569 1,599,083 63,815 101,104 2,733,269 708,747 1,285,483 383,402 77,653 262,563 196,218 9,803 34,009.509 22.631,903 ~1.377.606 NOTE: Some of these projects are continued from prior years with inception to date tctals. 34 CITY OF ROANOKE, VIRGINIA SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 12 MONTHS ENDING JUNE 30, 1995 Operating Revenue: Sewage Charges - City Sewage Charges - Roanoke County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - 8otetour~ County Customer Services Interfund Services Total Operating Revenue Less: Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income 199~ 5,773,136 1,347,173 299,186 1,059,373 99,875 115,006 68.873 8.762.622 1,608,912 4,141,695 935.465 6.686.072 1994 4,836,324 1,030,188 237,477 834,527 65,000 96,033 25.027 7,124.576 1,512,639 4,481,720 952.005 6.946.364 178.212 Add: Non-Operating Revenue (Expenses) Interest on Investments Miscellaneous Revenue Bond Issuance Miscellaneous Expense Intarest Expen~e Total Non-Operating Revenue (Expenses) Net Income 81,205 18,394 353) 11.250i 87.996 45,744 13,478 57,522) 329) 20.156) 18,7851 159.427 35 CITY OF ROANOKE, VIRGINIA SEWAGE TREATMENT FUND JUNE 30, 1995 (CONTINUED) Capital Outlay Not Included in Operating Expenses: Proiect Other Equipment FY86 Projects Design Effluent Reaeratlon Sewershed I/I Project Design Phase I Sewershed I/I Reduction II Sewerahed III Reduction 1/I Property Rights Acquisition STP Expansion Bonds - 94 Issue WPCP - Chemical Storage Tanks RCIT Sewer Line Extension Tinker Creek Interceptor Sewer Roanoke River Interceptor Sewer Renovation/Expansion - Water Pollution Control Total Project Expenditures Less Prior Year Expenditures Total Current Yeer Expenditures Year to Date Exoenditurel $ 18,284 66,347 4,861 317,568 139,948 292,091 1,797 2~3,826 160,285 60,873 121,009 376,335 116.985 1,890,209 701.225 $1.188.984 NOTE: Some of these projects are continued from prior years with inception to date totals. 36 CITY OF ROANOKE, VIRGINIA CIVIC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 12 MONTHS ENDING JUNE 30, 1995 Operating Revenue: Rentals Parking Fee Event Expenses Advertising Admissions Tax Commissions NovelW Fees Total Operating Revenue Less: Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Add: Non-Operating Revenue Operating Supplement Interest on Investments Miscellaneous Total Non-Operating Revenue N~ Income (Loss) 1995 $ 565,804 240,038 192,901 2,705 231,819 292,953 43.857 1.570.077 1,030,241 1,090,726 383.159 { 934.049l 644,196 34,787 14.025 693.008 1994 $ 565,348 224,773 218,646 3,427 248,714 247,898 62.078 1.570.884 982,657 1,055,597 337.813 2.376.067 ! 805.1831 785,177 16,607 8.077 809,861 $( 241.041) $ 4.678 37 CITY OF ROANOKE, VIRGINIA CIVIC CENTER FUND JUNE 30, 1995 (CONTINUED) Capital Outlay Not Included in Operating Expenses: Proiect Parking Lot Paving Other E~luipment Auditorium Floor Replacement Total Project Expenditures Less Prior Year Expenditures Totai Current Year Expenditures Year to Data Exoenditures 233,243 57,437 75,203 365,883 $ 365,883 38 CITY OF ROANOKE, VIRGINIA TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE 12 MONTHS ENDING JUNE 30, 1995 Operating Revenue: Centuw Station Parking Garage v~r~lliamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Surface Parking Lots Total Operating Revenue Less: Operating Expenses Operating Expenses Depreciation Total Operating Expenses Operating Income Add: Non-Operating Revenue (Expenses}. Transfer from General Fund Transfer from Materials Control Interest on Investments Miscellaneous Operating Subsidy for GRTC Interest Expense Total Non-Oi3~roflng Revenue (Expenses} Net Income 1995 305,392 273,362 166,482 427,772 238,599 114.377 1.525.984 570,106 1.090.856 435.128 765,316 91,208 1,625 5,129 407,520! 696.478i 94.408 1994 $ 318,762 250,959 167,428 450,837 21-1,488 83.039 1.482.513 688,792 520.751 272.970 827,000 3,338 2,018 397,645} 728.715) (294,004) ${ 21,034~ 39 CITY OF ROANOKE, VIRGINIA NURSING HOME FUND COMPARATIVE INCOME STATEMENT FOR THE 12 MONTHS ENDING JUNE 30, 1995 Operating Revenue: Private Patient Fees Medicaid Patient Fees Medicaid Reimbursements Total Operating Revenue Lass: Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Lou Add: Non-Operating Revenue Interest on Investments Operating Supplement Total Non-Ol~erating Revenue Net Income (Loss) 1995 $ 143,980 266,606 816,850 1,250,674 523,660 23,638 1,797,972 ( 570.536I 15,314 485,750 501.064 $( 69.472) $ 199,974 252,238 785,427 1,175,432 422,964 22.324 1.620.720 (383.081) 9,251 416,419 425,670 $ 42.589 40 CITY OF ROANOKE, VIRGINIA NURSING HOME FUND JUNE 30, 1995 (CONTINUED) Capital Outlay Not Included in Operating Expenses: Proiect Other Equipment Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Yearto Date Ex=enditures 13,055 13,055 * ~3~055 41 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 12 MONTHS ENDING JUNE 30, 1995 Operating Revenue: Operating Revenue Total Operating Revenue Less: Operating Expenses Operating Expenses Total Operating Expenses Operating Loss Add: Non-Operating Revenue City Contribution Contribution from Virginia Tech Proceeds from Brick Sales Interest on Investments VDOT Reimbursement - Wells Avenue Total Non-Operating Revenue Net Incomo 1995 1994 631,517 214.047 631.517 214.Q47 631,517) (214,047) 276,500 123,350 276,500 92,782 (1) 63,117 8,250 15,414 33,900 665,431 224,382 $ 33,914 $ 10,335 (1) Virginia Tech paid $30,568 for feasibility study and received credit toward its operating subsidy for that amount. 42 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND JUNE 30, 1995 (CONTINUED) Capital Outlay Not Included in Operating Expenses: Proiect Conference Center Total Project Expenditures Less PHor Year Expenditures Total Currant Year Expenditures Year to Date Exoenditures $ 13.684,965 13,684,965 3,256,136 Note: This project is continued from prior years with inception to date totals. 43 CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUNDS COMPARATIVE INCOME STATEMENT FOR THE 12 MONTHS ENDING JUNE 30, 1995 Chargel for SMYice~ Total OpM.G,.ll Revenue OoMitk~ Exmmien c~y Infomt~dmt MetMMle Management Utility LMe FIN( SvetM~l Cont/M Sefvk;el SMyi(:# MineGement TOTALS 199~ 1994 $ 2.289.307 9170,869 $ 434.792 $3.032.339 $ 3.017.839 $ 8.944,14~ $ 8.8081759 ~ 170,8SS 434,792 3,032,33S 3,017.839 8,944.148 8,808.799 Perlonel 9en~icen 1,346,146 79,931 55,946 2,203,466 1,167,333 4,849,822 4,814,404 Operating Expen~en 660,094 38,708 331,269 561,724 746,333 2,338,128 2,247,579 De~recietion 321.391 1.829 42.39~ 172.523 1.091,i}06 1.929.74~ 1.437.016 Total Oporeting Expen.el 2.327.931 117,4SS 439.SOS 2.937.713 2.99S.272 8,917,S92 8.498.999 OJ~emt~g In.=me (l. oen! ( 39.324! 53,401 { 4.81S) 94.828 22.~7 12S,494 309.756 Revenue IntMelt Revenue 37,141 7,920 8,020 48,319 45,387 146,787 116,180 MiscoJbfle~o 3,599 O~eting Supplement from Genirll Fu~ 50,~ * 3~,967 390,967 195,498 Op~,t~ T~fw to Tra~at~ Fu~ ~ 91.208) (91.208) { 156,54~) Ne! NonopMetino Revenue (Expenlen) Net I,~)me (Loen! 87.14t (93,289) 8,02c) 48,31~ 386,:)54 47.S17 $(20.U7)~ ~3.204 $ 142,~49 $ 409,921 S 449,846 148,731 973.000 $ 499 487 44 CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUNDS JUNE 30, 1995 (CONTINUED) Capital Outlay Not Included in Operating Expenses: Proisct ClS * Other Equipment MS - Other Equipment MS - Furniture and Equipment ULS - Furniture and Equipment ULS - Vehicular Equipment ULS - Other Equipment FM - Vehicular Equipment FM - Other Equipment Total Year to Date Ex=enditur~t $1,485,557 26,335 2,615 2,399 131,304 103,356 973,427 17,~4Q 45 ori-Y OF ROANOKE, VIFI~31NIA CiTY TRF-A~URER'S OFFICE G ENER~L S3'ATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED JUNE 30, 1995 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE. VIRGINIA FOR THE FUNDS OF SAID CITY THE MONTH ENDED JUNE 30, 1995. SEWAGE AIRPORT CIVIC CENTER TRANSPORTATION CAPITAL NURSING HOME RKE CONFERENCE CEN DEBT SERVICE MATERIALS CONTROL MANAGEMENT SERVICE UTILITY LINES SERV FLEET MAINTENANCE PAYROLL PENSION SCHOOL FUND FDETC GRANT PROGRAMS TOTAL 5,447.97 0.00 5,447.97 7,166,207.50 466,534.35 159,584.64 230,944.03 505,272.90 335, 739.82 123, 314.46 60, 159.31 265, 321.49 7,198,775.59 1,379,507.71 1,756,360.66 20,836,709.46 368,894.01 101,028.73 294,443.4g 2:35,041.37 1,439,086.90 4,663.12 571,496.97 10,605,901.47 7,942,938.21 62,079.72 1,317,175.00 7,788,677.95 379,040.24 125,286.47 146,303.14 1,451,9,'54.27 t54,464.16 111,946.92 140,687.47 286,170.71 229,592.75 28,687.34 53,239.47 304,678.45 1,423,153.86 45,184.51 262,288.46 1,208,750.66 1,561,824.61 70,841.65 391,186.84 612,209.08 (944,455.41) 21,854,591.38 12~ 112,999.61 285,501.91 418,260.38 1,272,141.77 1,370,626.07 220,067.48 9,315,525.62 5,084,796.60 6,936,436.81 8,976,548.14 81,771.22 486,915.63 362,648.76 (77,582.46) 371.361.36 163.357.68 278.311.65 367.480.89 $74,848,056.84 $42,482,060.33 $47,875,296.14i~i~2,~i~!$101,480,266.97 CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE. VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED JUNE 30, 1995 THAT SAID FOREGOING: CASH: CASH tN HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPO~N.S: REPURCHASE AGREEMENTS U. S. TREASURY NOTES VIRGINIA AIM PROGRAM (U. S. SECURITIES) TOTAL DATE: JULY 1 t. 1995 GORDON E. PETERS. TREASURER 46 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 12 MONTHS ENDING JUNE 30, 1995 Revenue City's Contributions Investment Income Gain on Sale of Investments Bond Discount Amortization Total Revenue 1995 1994 6,835,185 $ 6,535,096 7,438,247 6,953,251 7,815,881 4,286,907 286.015 241,022 Pension Payments Feea for Professional Services Active Service Death Benefit Bond Premium Amortization Administrative Expense Total Expansee Net Income Year to Date $ 7,342,209 $ 7,080,161 727,861 778,148 26,444 348,716 614,583 147.986 123.909 $ 13.808.536 $ 9.393.031 47 CITY OF ROANOKE PENSION PLAN BALANCE SHEET AS OF JUNE 30, 1995 Asse~! Cash Investments: (market value - 1995 $185,015,581 1994 $156,721,701) Due from Other Funds Accrued Investment Income Other Assets Total Assets 1995 1994 $ 310,963 $ 197,494 156,980,231 230,253 1,584,612 18.00Q 143,746,452 192,577 1,145,229 18,oQQ $149.299.752 Liabilitiae and Fund Balance Accounts Payable Due to Other Funds Total Liabilities Fund Balance, July 1 Net Income Year to Date Total Fund Balance Total Liabilities and Fund Balance $ 198,101 $ 181,752 198.101 145,117,422 135,724,391 13.808.536 9.393.031 ~ $ 145.299.752 48 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 261:h day of July, 1995. No. 32588-072/495. AN ORDINANCE amending and reordaining §20-76(a), Parkin~ in Spaces Reserved for Persons with Disabilities of the Code of the City of Roanoke (1979), as amended, to prohibit individuals who are not limited or are impaired in their ability to walk from parking a vehicle in a space reserved for disabled persons except when transporting a person with such a disability in the vehicle; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsection (a) of §20-76, Parkin_a Spaces Reserved for Persons with Disabilitio& Code of the City of Roanoke (1979), is hereby amended and reordalned as follows: §20-76. Parkin~ Spaces Reserved for Persons with Disabilities (a) No person shall park or leave standing any motor vehicle not displaying a disabled parking license plate, an organizational removable windshield placard, a permanent removable windshield placard or a temporary removable windshield placard issued under section 46.2- 731, Code of Virginia, (1950), as amended, ("State Code"), or DV disabled parking license plates issued under subsection B of section 46.2-739 of the State Code, in a parking space reserved for persons with disabilities that limit or impair their ability to walk or for a person who is not limited or impaired in his ability to walk to park a vehicle in a parking space so designated except when transporting a person with such a disability in the vehicle. A summons or parking ticket for any offense under this section may be issued to enforce parking regulations by any law enforcement oi~cer without the necessity of a warrant's being obtained by the owner of any private parking area. 2. In order to provide for the usual 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. CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-981-2431 TELECOPIER: 540-224-3071 WILBURN C. DIBLING, JR. CITY ATTORNEY WILLIAM X PARSONS STEVEN J. TALEVI GLADYS L. YATES GARY E. TEGENKAMP ASSISTANT CITY ATTORNEYS July 24, 1995 The Honorable Mayor and Members Roanoke City Council Roanoke, VA Re: Disabled Parking Dear Mayor Bowers and Members of Council: The 1995 Session of the General Assembly has enacted legislation which has applicability to persons who use vehicles with disabled parking licenses or placards. The legislation provides that it shall be unlawful for a person with this type of license plate or placard to park in a parking space reserved for persons with disabilities unless the driver is limited or impaired in his ability to walk except when the individual is transporting a person with such a disability in the vehicle. The statute also authorizes local governing bodies to assess and retain a penalty for violation of this prohibition. This legislation should serve to prevent non-disabled persons bom abusing parking privileges reserved for those who are in need of the reserved spaces. Accordingly, I have drafted an ordinance which will incorporate this prohibition into the City Code. The penalty for violating this provision is $50.00. I recommend that City Council exercise the new power granted to it by the 1995 Session through adoption of the attached ordinance which is intended to prevent abuse of disabled parking spaces. I have advised the chairperson of the Mayors Committee for the Disabled about this proposed code amendment. Neither she nor any member of her committee has expressed to me any objection to the proposed change. I will be pleased to answer any questions which members of Council may have about this matter. With kindest personal regards, I am Sincerely yours, Wilbum C. Dibling, Ir. City Attorney WCD/lse Attachment ¢C: W. Robert Herbert, City Manager Mary F. Parker, City Clerk George C. Snead, Jr., Director Public Safety M. David Hooper, Chief of Police MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 28, 1995 File #215-514 The Honorable Arthur B. Crush, III Clerk of Circuit Court Roanoke, Virginia Dear Mr. Crush: I am enclosing copy of Ordinance No. 32573-072495, for proper recordation in your office, permanently vacating, discontinuing and closing a portion of a certain alley situate between Day Avenue and the former and now vacated Marshall Avenue, S. W., extending westerly from Franklin Road to a point at the northwesterly comer of Lot 27, Section 6, Map of Lewis Addition. Ordinance No. 32573-072495 was adopted by the Council of the City of Roanoke on first reading on Monday, July 10, 1995, also adopted by the Council on second reading on Monday, July 24, 1995, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: T. L. Plunkett, Jr., Attorney, Plunkett, Logan and Oehlschlaeger, Shenandoah Building, Suite 300, 305 First Street, S. W., Roanoke, Virginia 24011-1983 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 28, 1995 File #215-514 T. L. Plunkett, Jr., Attorney Plunkett, Logan and Oehlschlaeger Shenandoah Building, Suite 300 305 First Street, S. W. Roanoke, Virginia 24011-1983 Dear Mr. Plunkett: I am enclosing copy of Ordinance No. 32573-072495 permanently vacating, discontinuing and closing a portion of a certain alley situate between Day Avenue and the former and now vacated Marshall Avenue, S. W., extending westerly from Franklin Road to a point at the northwesterly comer of Lot 27, Section 6, Map of Lewis Addition. Ordinance No. 32573-072495 was adopted by the Council of the City of Roanoke on first reading on Monday, July 10, 1995, also adopted by the Council on second reading on Monday, July 24, 1995, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. T. L. Plunkett, Jr. July 28, 1995 Page 2 pc: Mr. Leonard D. Hatch, Jr., and Ms. Judy D. Long, et als, 365 Day Avenue, S. W., Roanoke, Virginia 24016 Mr. and Mrs. James K. Sorrells, 361 Day Avenue, S. W., Roanoke, Virginia 24016 Mr. James D. Sorrells and Mr. James K. Sorrells, 5009 Oakleigh Avenue, S. W., Roanoke, Virginia 24018 Ms. Candace D. Staten, P. O. Box 107, Hardy, Virginia 24101 Mr. and Mrs. Richard A. Deadng, 5122 Old Virginia Springs Road, S. W., Roanoke, Virginia 24014 Mr. Michael E. Levan, P. O. Box 1402, Roanoke, Virginia 24007 Mr. and Mrs. Francis D. Craddock, 335 Day Avenue, S. W., Roanoke, Virginia 24016 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1995. No. 32573-072495. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. WHEREAS, the Trustees of First Baptist Church, filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by S30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on July 10, 1995, after due and timely notice thereof as required by S30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That portion of an alleyway situate between Day Avenue, S.W., and the presently vacated Marshall Avenue, S.W., extending in a westerly direction from Franklin Road, S.W., to a point at the northwesterly corner of Lot 27, Section 6, Map of Lewis Addition, be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any public utility, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress 'for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the closure of the above-described right-of-way is conditioned upon applicant's submitting to the City, receiving approval of, and recording a subdivision plat, providing for the disposition of the land within the right-of-way, to be vacated, in a manner consistent with the requirements of Chapter 31, Subdivision, of the City Code, combining the land within the vacated right-of-way with the applicant's adjoining properties, and providing for the retention of appropriate easements, together with the right of public passage over the same, for the purpose of construction, repair and general maintenance of any and all utilities that may exist within said right-of-way; dedicating to the City land for an alternate alleyway, as shown on Map A accompanying the City Manager's report to this Council dated July 10, 1995; and installing standard concrete curbing along Franklin Road, S.W., to close and seal off the entrance to the vacated alley; and in the event these conditions have not been met and the said plat has not been recorded in the Office of the Clerk of Circuit Court within six (6) months from the effective date of this ordinance, this ordinance shall become null and void with no further action by City Council being necessary. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of- way is shown, referring to the book and page of ordinances and 3 resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FINALLY ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of Trustees of First Baptist Church, and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk. 4 Roanoke City Planning Commission July 10, 1995 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Trustees of First Baptist Church, represented by T. L. Plunkett, Jr., Attorney, that a portion of an alleyway situate between Day Avenue, S.W., and the presently vacated Marshall Avenue, S.W., extending in a westerly direction from Franklin Road, S.W., to a point at the northwesterly corner of Lot 27, Section 6, Map of Lewis Addition, be permanently vacated, discontinued and closed. I. Background: Section of public alley requested for closure is a part of a larger alley that extends between Franklin Road and 4th Street, S.W. (see attached Map A). Alley is develm)ed and has a surface of brick that extends from Franklin Road to the rear of Lot 24. Base of the alley is surface treated (tar and gravel) from that point westward to 4th Street, S.W. Owners of certain abutting properties between Lots 16 and 25 use the alley proper as a secondary means of access to the rear of their properties. Annlicant owns all of the properties abutting the section of alley requested for closure (lots 12 through 15 and lots 26 through 29). Applicant also owns lot 23 on the south side of Day Avenue and all of the lands abutting the north side of the alley proper. Alley and all pronerties abutting thereto are located in a C-1 Office District. Alley also serves as the northerly boundary of the H-2 Neighborhood Preservation District (Old Southwest neighborhood). Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2344 Members of Council Page 2 Closure of this alley section is a phase of a master plan for future expansion of First Baptist Church and its parking facilities and grounds. City Council approved the church's master plan some years ago. Expansion plan requires the removal or demolition of two residential structures at 325 and 327 Day Avenue, SW., and the closure of the subject section of public alley. These structures are located in the H-2, Neighborhood Preservation District (see attached Map B as approved by Architectural Review Board). Applicant delayed plans to demolish these structures for a period of 90 days to provide the Old Southwest neighborhood with ample time to move and relocate the structures on other lots within the H-2 district. Applicant obtained approval from the City's Architectural Review Board for a Certificate of Appropriateness to remove or demolish the above-cited structures after May 9, 1994. Demolition of the structures commenced on May 29, 1995. Neighborhood organization (Old Southwest) and all abutting property owners were notified of the proposed closure. As of the writing of this report, no comments have been received. II. ~tion: Application to close and vacate the described section of public alley was received by the Secretary to the Planning Commission on May 17, 1995. Planning Commission reviewed the application at its regular meeting on June 7, 1995. Invitation for public comment on the application was duly extended to those in attendance. No opposition to the requested closure was expressed at the hearing. Apl~licant proposes to use the land within the vacated alley right-of-way for additional parking space and general landscaping. Applicant has installed a vehicular entranceway from Day Avenue, S.W., across Lot 26 that intersects the section of alley requested for closure. Applicant proposes to grant an easement for public passage over this entranceway to avoid the creation of a dead-end alley (see attached Map A). IH. Issues: A. Nei hborhood im act. Members of Council Page 3 C. Utilities within the oublic right-of-way. D. Creation of a dead-end alley. E. Land use. F. Relationshio to the comprehensive plan. IV. Alternatives: ~ the applicant's request to close and vacate the described section of public alley, subject to certain conditions as outlined in Part V. of this report. 1. ~borhood__L~act: Closure of the described section of alley will not adversely affect other abutting property owners or the adjacent neighborhood if an alternative public right-of-way to Day Avenue is provided by the applicant. Construction of additional parking area will be subject to site plan approval by the City. Appropriate and sufficient landscaping and landscaping buffers will be required consistent with the requirements of Section 36.1-585(b)(2) of the City's zoning ordinance. Architectural Review Board worked with the applicant to formulate a landscaping plan that was sensitive to the concerns of the Old Southwest neighborhood and consistent with the intent of the H-2, Neighborhood Preservation District guidelines. 2. Traffic impact: Closure and elimination of the existing alley entrance into Franklin Road will improve overall traffic conditions along this major thoroughfare. Applicant should be required to close off the entranceway for the subject section of alley at Franklin Road. Applicant should be required to install standard City curbing along Franklin Road to permanently seal off this alley entrance. 3. Utilities within the public right-of-way: Members of Council Page 4 a. City has utilities within the alley right-of-way. b. Private utility companies have facilities within the alley right-of-way. Appropriate easements for these facilities will be retained as a part of a duly recorded plat of subdivision. Creation of a dead-end alley: a. Closure of the described section of alley will create a dead-end alley. Applicant proposes to grant an easement for public passage from the terminus of the public alley over the private entranceway on Lot 26 to the public street at Day Avenue, S.W. In order to clearly establish the legal rights of the public and to avoid any future issues of responsibility or liability between the City and the church, the applicant should dedicate this area to the City in fee simt~le title for public use as an alternative alley. If and when the City elects to close and vacate the remaining section of the alley proper, this alternative alleyway will revert in fee simple title to the applicant. Land use: Proposed use of the land within the described section of alley is consistent with the intent of the regulations for the district in which the land is located. Closure and vacation of the alley section will create a narrow substandard lot. Subdivision plat should be required to ensure that the land within the vacated alley is combined with the church's abutting property. Relationship to the comprehensive plan: Applicant's expansion plans have been determined by the Architectural Review Board to be consistent with the Franklin Road Master Plan. Architectural Review Board has approved a Certificate of Appropriateness for the removal or demolition of the residential structures on lots abutting the subject section of alley. Approval Members of Council Page 5 included landscaping of the lots and the installation of 17 parking spaces as shown on the submitted plans. c. Request is consistent with the intent of the comprehensive plan that available land should be used in the most appropriate manner. B. City Council deny the applicant's request to close and vacate the described section of alley. 1. Neiehborhood impact will not be an issue. 2. Traffic imt~act. Alley entrance will continue to access Franklin Road. 3. Utilities within the right-of-way will not be an issue. 4. Creation of a dead-end alley will not be an issue. 5. Land use. First Baptist Church will be unable to implement this part of its expansion plan. 6. Relationship to the comprehensive plan' a. Applicant has acquired abutting lands necessary to implement this part of the proposed expansion. b. Applicant has complied with the design requirements of the H-2, Neighborhood Preservation District and has obtained a Certificate of Appropriateness from the City Architectural Review Board. c. Denial would be inconsistent with the intent of the comprehensive plan that available land should be used in the most appropriate manner. Recommendation: Planning Commission, by a vote of 6-0 (Mrs. Coles absent) recommends that City Council approve Alternative & thereby approving the applicant's request to close and vacate the described section of public alley, subject to the following conditions: A. The applicant shall submit to the City, receive approval thereof, and record with the Clerk of Circuit Court, a subdivision plat, with said plat providing thereon for the following: Members of Council Page 6 The combination of the land within the vacated alley right-of-way with the applicant's existing and abutting property. The dedication of appropriate easements together with the right-of-public passage over the same for surface and subsurface installation, repair, relocation and removal of any or all utilities that may be located within the vacated alley. The dedication of an alternate alleyway as shown on Map A attached to this report. Applicant shall install City standard concrete curbing along Franklin Road, S.W., sufficient in area to close and seal off the existing alley entrance at said Franklin Road. If the above-cited conditions have not been met by the applicant within a period of six (6) months fi.om the date of the ordinance providing for the subject alley closure, then said ordinance shall become null and void with no further action being necessary by City Council Respectfully submitted, Carolyn H. Coles, Chairman Roanoke City Planning Commission JRM:ERT:mpf attachments cc: Assistant City Attorney City Engineer Building Commissioner Attorney for the Petitioner MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 May 15, 1995 File #514 SANDRA H. EAKIN Deputy City Clerk Carolyn Hayes-Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application from T. L. Plunkett, Jr., Attorney, representing Trustees of First Baptist Church, requesting that a portion of a certain alley situate between Day Avenue and the former and now vacated Marshall Avenue, S. W., extending westerly from Franklin Road to a point at the northwesterly corner of Lot 27, Section 6, Map of Lewis Addition, be permanently vacated, discontinued and closed. Sincerely, 9. ~ Mary F. Parker, CMC/ME City Clerk MFP:sm a/first.baptist Enc. pc: The Honorable Mayor and Members of the Roanoke City Council T. L. Plunkett, Jr., Attorney, Plunkett, Logan and Oehlschlaeger, Shenandoah J~oohilding, Suite 300, 305 First Street, S. W., Roanoke, Virginia 24011-1983 n R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney IN THE cOUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Application of Trustees of First Baptist Church, 515 3rd Street, S.W., Roanoke, Virginia, for the vacation of an alley APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF THE EASTERLY PORTION OF AN ALLEY NORTH OF DAY AVENUE EXTENDING WEST FROM FRANKLIN ROAD MEMBERS OF CITY COUNCIL: The Trustees of the First Baptist Church, 515 3rd Street, S.W., Roanoke, Virginia, by counsel, apply to have that portion of the public alley in the city of Roanoke, Virginia, situate between Day Avenue, S.W., and the former and vacated Marshall Avenue, S.W., extending westerly from Franklin Road to a point at the northwesterly corner of Lot 27, Section 6, according to the Map of the Lewis Addition pursuant to Virginia Code Section 15.1-364 and Section 30-4 of the Code of the City of Roanoke, Virginia (1979) as amended. This alley is more particularly described on the plat attached and as follows: That portion of the alley situate between Day Avenue and the former Marshall Avenue, S.W., now vacated, extending from Franklin Road in a westerly direction to the northwesterly corner of Lot 27, Section 6, according to the Map of the Lewis Addition. That portion of the alley sought to be vacated lies adjacent to the northerly line of Lots 27, 28 and 29 which bear Tax Map No. 1012829, 1012930 and 1012931. The Trustees of the First Baptist Church state that the grounds for this application are as follows: -1- 1) The petitioner owns all of the property on both sides of that portion of the alley sought to be vacated and all of the property along the northerly side of said alley from Franklin Road to Fourth Street. 2) The petitioner has received a Certificate of Appropriateness (No. 95-004, dated February 9, 1995) from the Roanoke city Architectural Review Board "approving the demolition and removal, after May 9, 1995, or the removal by others prior to that date, of the two structures located at 325 and 327 Day Avenue, S.W., and landscaping the area and providing 17 parking spaces as shown on the plans submitted." 3) The plans submitted include substantial landscaping and planting on the Church property known as Lots 27, 28 and 29 of Section 6 of the Lewis Addition along Day Avenue and along the Church property along Franklin Road from Day Avenue to the former Marshall Avenue. 4) The vacation of the portion of the alley as requested will result in the alley extending from Fourth Street easterly to the portion vacated having a "dead end." The Church proposes granting an easement for public passage over the driveway owned by the Church on Lot 26, Section 6, of the Lewis Addition, from the alley southerly to Day Avenue until such time as the city Council might in the future vacate that portion of the alley behind said Lot 26. -2- 5) easements There will be reserved in the vacation of the alley for all public utilities present and therein. The rights of no property owner and of no citizen will be adversely affected by the vacation thereof. WHEREFORE, the Trustees of the First Baptist Church, 515 3rd Street, S.W., Roanoke, Virginia, respectfully request that the above-described alley be vacated by the Council of the City of Roanoke in accordance with the provisions of Section 15.1-364 of the Code of Virginia and Section 30-14 of the Code of the city of Roanoke (1979) as amended. Respectfully Submitted, H. CLAY FERGUSON, JR., C. FRED MANGUS, WILLIAM G. MASON, T. L. PLUNKETT, JR., BYRON D. PULTZ, TALMADGE E. ROBERTS TRUSTEES OF THE FIRST BAPTIST CHURCH Count61 T. L. Plunkett, Jr. Plunkett, Logan & Oehlschlaeger, Shenandoah Building, Suite 300 305 First Street, S.W. Roanoke, Virginia 24011~1983 P.L.C. -3- MRY-15-19~5 ~8:20 FROM Plunket~Lo~nOehlschlae~er TO 224~145 Proper~¥ owners along the alley between Day Avenue and former Marshall Avenue ex~e~ding from Franklin Road westerly to Fourth Street: TrGstees of the First Baptist C~ttkrch, 515 3rd Street, S.W., owl3 all of the lots on the noL~cherly side of said alley in Block $ of the Lewis Addition and Lots 23, 26, 27, 28 and 29 on the south side 0£ the alley which, of course, is on the north side of Day Avenue. The Trustees of the Church are the petitioners and, of course, need no notice. Other property owners abutting the alley between FTanX/in Road and FOtlZ~Ch Street are as follows: Property description: Property address: Owner FIaI~S-' Owner address: Tax Map No.: Lo~s 16 365 Day Leonard 365 Day 1012918 and 17, Block 6, Lewis Addition Avenue, S. W. D. Match, Jr. a~d Judy D. Long, Avenue, S.W., Roanoke, VA 24016 Property description: Proper~y address: Owner address: Tax Map No.: Lot 18, Block 6, Lewis Addition 361 Day Avenue, S.W. James K. Sorrells and Betty B_~. Sorrells 361 Day AVellUe, S.W., Roanoke, %'A 24016 1012919 Lot 19, BIOCX 6, Lewis Addition 359 Da~ James D. Sorrells 5009 Oakleigll Argue, S.W., Ro~oke, VA 24018 1012920 Property description: Property address= Owner names= Owner address: Tax)Sap No.: The west 37% feet of Lot 20, Block 6, Addition 355 Day Avenue, $.W. Candace D. S~ate~ P.O. Box 107, Hardy, VA 24101 1012921 Lewis Property description: Prope~y address: Owner address: Tax Nap No.: The sas2 12% feet of Lo~ 20, the WO~t 22 feet of Lot 21, BlOCX 6, Lewis Addition 353 Day Avollee, S.W. James David Sorrolla and James K. So~lls Z009 o~le~gh A~ue, S.N., ~oke, ~ 24018 101R9~ Par~ of Lo~ 21, Blo~ 6, Le~i$ Addition 3S1 Day Avenve, S.W. Jone~ David Sorrllls and Jms K. So,ells 5009 ~e~ A~I, S.W., R~oke, VA 24018 1012923 ~ ~ 1~7 P.~ r.;-~:-z~ ~;zz r~u, ~un~ettLognUen~schiae~er lU 224~145 Proper~y doscription: Propez;cy address: Tax Hap No.: Part: o£ Lot. 22, Block 6, Lewis Addition 349 EMy &Von~B, ~ames David ~o~z'~.l. ls and Xi.z'~ 5009 O~le£gh Argue, S.W., Roanoke, VA 24018 1012924 Propor~¥ description: Property address: ~r a~ress: Tax Nap NO.: Eas~ p&L~C o~ Lot 22, Block 6, Lewis Add£~ion 347 Day Averluo, Richard A. 5122 Old vi~/nia Spr~ R~d, Ronoke, VA 24014- 7032 ~0~2932 Property de~ription: ks. vwerty address: Own,K' edclre88: Tax Map No.: LOt 24, Blc~.k 6, Lewis Addition 339 Day AVoids, S..W. Ni~eel a. ~ P.O. ~x 1402, ~oka, VA 24007 Property description: Property &ddree8: owner ad~ress: Tax Map No.: Lot 25 and tho ,must 10 feet of Lo~ 26, Block 6, Lewis Addition 33S Day Avenue, Francis D. Cracldock and virginia A. Craddock 335 Day Aver~, $.W., ROallO~.~e, VA 24016 1012927 The foregoing ~onstitu~es all of ~e owners of pro[~r~y a£fe~e~ by the proposed vaoation of a portion of the alley as we are r~luire~ ~o give no, ice as a~cording tO law. TOTAL P.03 MAY-15-1995 1~9:19 ~1~3 ~45 1~67 91~. P.03 Alley Sect] Requested for Closure.. ---~-~~. , \ "4. }'-~-.~. PLAN APPROVED BY ARCHITECTURAL RF, VIEW BOARD ~,,,~ / '~v / ': MAP B Roanoke Times & World-News Ad Number: 62320392 Publisher's Fee: $101.40 PLUNKETT & LOGAN SHENANDOAH BUILDING ROANOKE, VA 24011 STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of the Roanoke Times & World-News, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 06/23/95 FULL RUN - Friday 06/30/95 FULL RUN - Friday Witness, this 6th day of July 1995 Authorized 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, July 10, 1995, at 7:00 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on an application to permanently abandon, vacate, discontinue and close the following public right- of-way: That portion of an alleyway situate between Day Avenue, S.W., and the presently vacated Marshall Avenue, S.W., extending in a westerly direction from Franklin Road, S.W., to a point at the northwesterly corner of Lot 27, Section 6, Map of Lewis Addition. 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 215t day of June , 1995. Mary F. Parker, City Clerk. Publish in the Roanoke Times and World-Ne~, once on Friday, June 23, 1995, and once on Friday, June 30, 1995. Send publisher's affidavit: Send bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 T. L. Plunkett, Jr., Attorney Plunkett, Logan and Ochlschlaeger Shenandoah Building, Suite 300 305 First Street, S. W. Roanoke, Virginia 24011-1983 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W,. Room 456 Roanoke, Virgin/a 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 22, 1995 File #51 T. L. PlunkeR, Jr., Attorney PlunkeR, Logan and Oehlschlaeger Shenandoah Building, Suite 300 305 First Street, S. W. Roanoke, Virginia 24011-1983 Dear Mr. PlunkeR: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, Apdl 6, 1981, I have advertised a public headng for Monday, July 10, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the Trustees of First Baptist Church that a portion of a certain alley situate between Day Avenue and the former and now vacated Marshall Avenue, S. W., extending westerly from Franklin Road to a point at the northwesterly corner of Lot 27, Section 6, Lewis Addition, be permanently vacated, discontinued and closed. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance and a report of the City Planning Commission with regard to the request. 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. T.L Plunkeff, Jr. June 22,1995 Page 2 It will be necessary for you or a representative to be present at the July 10 public hearing. Failure to appear could result in a deferral of the request until a later date. Sincerely, Mary F. P~rker, CMC/AA~ City Clerk MFP:sm July Enc. pc: Mr. Leonard D. Hatch, Jr., and Ms. Judy D. Long, et als, 365 Day Avenue, S. W., Roanoke, Virginia 24016 Mr. and Mrs. James K. Son*ells, 361 Day Avenue, S. W., Roanoke, Virginia 24016 Mr. James D. Sorrells and Mr. James K. Sorrells, 5009 Oakleigh Avenue, S. W., Roanoke, Virginia 24018 Ms. Candace D. Staten, P. O. Box 107, Hardy, Virginia 24101 Mr. and Mrs. Richard A. Dearing, 5122 Old Virginia Springs Road, S. W., Roanoke, Virginia 24014 Mr. Michael E. Levan, P. O. Box 1402, Roanoke, Virginia 24007 Mr. and Mrs. Francis D. Craddock, 335 Day Avenue, S. W., Roanoke, Virginia 24016 CIT;Y OF ROANOKE, VIRGINIA .,:~ i.,,. '~ '~ ~ PERTAINING TO THE ALLEY CLOSURE REQUEST OF: Request from Trustees of First Baptist Church to close an alley ) extending in westerly direction from Franklin Road, S.W. to ) AFFIDAVIT Lot 26, Block 6 of Lewis Addition. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she Secretary of the Roanoke City 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 15.1-431, 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 30th day of May, 1995, notices of a public hearing to be held on the 7th day of June, 1995, on the closure captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner, Agent or Occupant Petitioner owns all adjoining property. Others in the Day Avenue block are: 1012918 1012919 1012920 1012922 1012923 1012924 1012921 Leonard D. Hatch, Jr. Judy D. Long, et als James K. Sorrells Betty B. Sorrells James D. Son'ells James K. Sorrells Candace D. Staten 1012932 1012929 Richard A. Dearing Nancy G. Dearing Michael E. Levan 1012927 Francis D. Craddock Virginia A. Craddock Address 365 Day Avenue, SW Roanoke, VA 24016 361 Day Avenue, SW Roanoke, VA 24016 5009 Oakleigh Avenue, SW Roanoke, VA 24018 P. O. Box 107 Hardy, VA 24101 5122OldVirginiaSpringsRoad Roanoke, VA24014 P. O. Box 1402 Roanoke, VA 24007 335 Day Avenue, SW Roanoke, VA 24016 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 30th day of May, 1995. ~mo~y ~V~hlic My Commission Expires: ~z'. ~?. NOTICE OF PUBLIC H~ARING BEFORE THE ROANOK~ CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: "~.:~ ' ~ '~ ' The Roanoke City Planning Commission will hold a public hearing on Wednesday, lune 7, 1995, at 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W., in order to consider the following: Request from Trustees of First Baptist Chumh, represented by T. L Plunkett, Jr., Attorney, that a portion of an alleyway ~ituate between Day Avenue, S.W., and the presently vacated Marshall Avenue, S.W., extending in a westerly direction from Franklin Road, S.W., to a point at the northwesterly corner of Lot 27, Section 6, Map of Lewis Addition, be permanently vacated, discontinued and closed. A copy of said application is available for review in the Department of Planning and Community Development, Room 162, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franldin, Secretary Roanoke City Planning Commission Please print in newspaper on Tuesday, May 23, 1995 and Tuesday May 30, 1995 Please bill: T. L. Plunkett, Jr., Attorney Plunkett, Logan and Oehlschlaeger Shenandoah Building, Suite 300 305 First Street, S.W. Roanoke, VA 24011-1983 Please send affidavit of publication to: Department of Planning and Community Development Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 May 15, 1995 File #514 SANDRA H. EAKIN Deputy City Clerk Carolyn Hayes-Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application from T. L. Plunkett, Jr., Attorney, representing Trustees of First Baptist Church, requesting that a portion of a certain alley situate between Day Avenue and the former and now vacated Marshall Avenue, S. W., extending westerly from Franklin Road to a point at the northwesterly corner of Lot 27, Section 6, Map of Lewis Addition, be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm a/first, baptist Enc, pc: The Honorable Mayor and Members of the Roanoke City Council T. L. Plunkett, Jr., Attorney, Plunkett, Logan and Oehlschlaeger, Shenandoah Building, Suite 300, 305 First Street, S. W., Roanoke, Virginia 24011-1983 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S,W,, Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 28, 1995 File #51 George I. Vogel, II, Attorney Vogel & Cromwell 204 McClanahan Street, S. W. Roanoke, Virginia 24014 Dear Mr. Vogel: I am enclosing copy of Ordinance No. 32574-072495 rezoning a tract of land located at 2219 Franklin Road, S. W., containing .48 acre, more or less, described as Official Tax No. 1150108 and a portion of Official Tax No. 1150111, from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant. Ordinance No. 32574-072495 was adopted by the Council of the City of Roanoke on first reading on Monday, July 10, 1995, also adopted by the Council on second reading on Monday, July 24, 1995, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. George I. Vogel, II July 24, 1995 Page 2 pc: Mr. and Mrs. Price H. Hurst, Jr., 5216 Flintlock Road, S. W., Roanoke, Virginia 24014 Holdren's, Inc., 2309 Franklin Road, S. W., Roanoke, Virginia 24014 Mr. Mack D. Cooper, II, 1410 Main Street, S. W., Roanoke, Virginia 24015 HHC Corporation, P. O. Box 1671, Roanoke, Virginia 24015 John R. Marlles, Agent, City Planning Commission Martha P. Frat~klin, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 24th day of July, 1995. No. 32574-072495. AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 115, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, Soccer Stop, Inc., has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing District, to C-2, General Commercial District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on July 10, 1995, after due and timely notice thereof as required by ~36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearings, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 115 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: A tract of land lying on the northerly side of Franklin Road, S.W., located at 2219 Franklin Road, S.W., consisting of Official Tax No. 1150108 and a portion of Official Tax No. 1150111, as designated on Sheet No. 115 of the Sectional 1976 Zone Map, City of Roanoke, be, and is hereby rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, as more fully set forth in the Amended Petition, filed in the Office of the City Clerk on June 30, 1995, and that Sheet No. 115 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke City Planning Commission July 10, 1995 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: Subject: Request from Soccer Stop, Inc., represented by George I. Vogel, II that property located at 2219 Franklin Road, S. W., designated as Official Tax Number 1150108 and a portion of Number 1150111, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Backeround: Property is currently zoned Light Manufacturing, however, the building has been used for retail sales purposes within the past two years as a nonconforming use Prior to 1987 zoning ordinance permitted commercial uses in light manufacturing zones. Other commercial uses also exist in this LM area along Franklin Road. These include a gas-convenience store, a hair salon, a television and appliance store, and car repair. Much of the area on this side of Franklin Road is located within the floodway and 100-year floodolain of Ore Branch. II. Current Situation: Purpose of the rezoning request is to place the subject prooerties into a zoning classification that will permit the continued use of the building as a retail store If rezoning is approved for the property, the contract purchaser, Soccer Stop, Inc., intends to paint the building and move its operation on Franklin Road to this location. B. Petition tO rezone with no conditions was filed on 5/17/95. Plannine Commission public hearing held on 6/7/95. The Commission discussed concerns related to the proposal meeting existing C-2 zoning requirements, the non- conforming billboard on the property, proposed site improvements, and future Room162 MunicipalBuilding 215ChurchAvenue, S.W. Roanoke, Virginia24011 (703)981-2344 Members of City Council July 10, 1995 Page 2 III. Issues: A. development in the floodplain. The decision was made to table the request until the Commission's meeting on 7/5/95 to allow the petitioner time to investigate concerns and consider amending the rezoning petition to address outstanding issues. Amended petition to rezone filed on 6/30/75. Proffered conditions are as follows: The current non-conforming billboard located on the property to be rezoned will be removed within two years. The Petitioner agrees to install landscaping in substantial conformance with the attached landscaping plan dated June 6, 1995. Planning, Commission public hearing was held on 7/5/95~ Petitioner's attorney advised that an amended petition had been filed which addressed most of the concerns regarding the rezoning. He indicated that there had been discussion of what could be done with the rooftop air conditioning units and that it was determined that painting was the best option at this time. Mr. Price Hurst, 5216 Flintlock Road, S.W., an adjacent property owner, addressed the Commission and advised his concern for continuing access across the subject property to a rear parking area. It was determined, however, that his concern was beyond the jurisdiction of the rezoning request and that the matter needed to be addressed between him and the current property owner selling the parcel. Zoning of the subject property is LM. Light Manufacturing The surrounding zoning to the north and south on the same side of Franklin Road is also LM, Light Manufacturing. Zoning across Franklin Road is C-2. General Commercial, and RM~ 2, Residential Multi-family, Medium Density. The existin~ development on the property will meet current C-2 zoning requirements in terms of front yard setback, 10t size, frontage and lot coverage. It will not meet the 25-foot rear yard setback requirement or the ten percent minimum open space requirement. Under current regulations, the parking lot would also be required to have one, 2 - 2-1/2 inch caliper tree for each fifty feet of street frontage and planting areas that represent a minimum of five percent of the total area used for parking. Land use of the subject property is a commercial building Adjacent properties are being used for light manufacturing and for retail sales. Retail uses within the LM zone are non-conforming. Proposed new use of building is same as previous use (retail sales). Members of City Council July 10, 1995 Page 3 Requested C-2 zoning would allow a diversity of uses, including general retail establishments, automobile repair, gas stations, restaurants, highway convenience stores, offices and, by special exception permit, fast food restaurant, and auto sales. Sub_iect property is located within the 100-year floodplain. The rear comer of the building and a portion of the rear of the property are located in the floodway. See revised concept plan provided by applicant. Floodproofing of building to meet current building codes would only be required if there is a change in the type of building use (e.g. manufacturing to commercial), if the building is enlarged, if new mechanical or electrical equipment is installed, or if the building is damaged by more than fifty percent of its market value. It should be noted that variances from floodproofing requirements may be applied for from the Board of Zoning Appeals in accordance with the requirements set forth in Section 36.1-369 of the City Zoning ordinance. The City's flood insurance rating can be affected by floodplain variances, depending on the number issued by the Board of Zoning Appeals. Access to the property is directly from Franklin Road which has a center mm lane. At present, the entrance is also used by Holdren's for service access to its loading dock located behind the property. One non-conforming billboard is also located on the property. Current city regulations prohibit outdoor advertising signs within 250 feet of a residential district and within 250 feet of the 1-581/Roy Webber Expressway. Regulations controlling billboards were enacted in 1982. At present, no advertising is on the billboard, however, it has been used within the past two years and can continue. A subdivision plat is to be prepared for the subject property which incorporates Official Tax Number 1150108 and a portion of 1150111. Neighbors in South Roanoke represent the neighborhood adjacent to Franklin Road The South Roanoke Neighborhood Plan does not specifically address development on Franklin Road, however, it does identify_ neighborhood entrances on Franklin Road which should be improved and landscaped. The Comprehensive Plan recommends: 1. Development of new or existin~ commercial and industrial areas in the city should be carefully planned and designed to promote quality development and good land use. 2. Neighborhood character and environmental quality should be protected Members of City Council July 10, 1995 Page 4 Possible changes in land use in or near residential areas should be carefully evaluated and designed to conserve and enhance neighborhood quality. Because of the limited amount of existing industrially zoned land in Roanoke, the comprehensive plan and related ordinances should protect industrial areas bv restricting uses to only industrial categories. Implement appropriate flood control measures and minimize development in the flood~)lain. IV. Alternatives: A. City Council approve the rczoning request. Zoning would be changed to C-2, General Commercial District. As presently requested for rezoning, the existing develooment would not meet current zoning, reauirements for development. Land use would continue to be retail sales. Although the property is zoned for light manufacturing, is not considered a viable industrial tract because of its size and its location in the floodplain. Other similar commercial uses adjacent to the subject property on Franklin Road are grandfathered. 3. Property is located in the floodway and the 100-year floodplain. At present, there are no plans to improve flood protection for the property. 4. Access to the property from Franklin Road is acceptable. 5. Non-conforming billboard on the property could continue to be used unless otherwise addressed. 6. Franklin Road and neighborhood entrances could be enhanced by building improvements and landscaping. Comvrehensive Plan could be followed. Consideration should be given to reducing the non-conformities on the property in order to provide for better land use, consistency with C-2 zoning regulations, and improved floodplain management. B. City Council deny the rezoning request. 1. Zoning will remain light manufacturing. Members of City Council July 10, 1995 Page 5 2. Land use could continue as a commercial building for retail sales unless the use is discontinued for more than two years. 3. Floodplain still an issue. Development for light manufacturing uses can be less intensive in terms of the density and degree of development. 4. Access from Franklin Road will remain the same. 5. Billboard can continue as a non-conforming use unless it is not used for two years. 6. Neighborhood not an issue. 7. Comprehensive Plan could be followed. Recommendation: By a vote of 6-0 (Mr. Butler absent), the Planning Commission recommended approval of the rezoning request subject to the proferred conditions. The requested rezoning is reasonable given the existing land uses in the area. The proferred conditions sufficiently address concerns related to the rezoning of the property and help bring the property into conformance with the proposed zoning of the property. Respectfully submitted, JRM:ESG:mpf attachment cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Petitioner's Attorney Carolyn H. Coles, Chairman Roanoke City Planning Commission IN RE: AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROAMOKE. VIRGINIA Rezoning of a tract of land lvina on the northerly side of Franklin Road SW, 2219 Franklin Road SW and beina tax #1150108 and a portion of tax ~1150111 from LM-Liqht Manufacturin~ to C2-General Commercial. TO THE ~ONORABLE MAYOR AND MEMBERS OF T~E COUNCIL OF T~E CITY OF ROANOKE: The Petitioner, Soccer Stop, Inc. is a contract purchaser and the owner of an equitable interest in land in the City of Roanoke, Virginia containing .48 acres, more or less, located at 2219 Franklin Road SW, Roanoke, Virginia, tax number 1150108 and a portion of tax number 1150111. Said tract is currently zoned LM-Light Manufacturing. A map of the property to be rezoned is attached as Exhibit A. The current record owner of said property is ~oldren's Inc., 2309 Franklin Rd, S.W., Roanoke, VA 24014. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from LM-Light Manufacturing District to C2- General Commercial District, subject to certain conditions set forth below for the purpose of permitting the use of said property as a retail store for the sale of sporting equipment. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and the Petitioner will abide by, the following conditions: 1. The current non-conforming billboard located on the property to be rezoned will be removed within two years. 2. The Petitioner a~ees to install landscaping in s~stantial confo~ance with the attached landscaping plan dated J~e 6, 1995. The Petitioner believes the rezoning of the said tract of land will fu~her the intent and pu~oses of the City's Zoning Ordinance ~d its comprehensive pl~, in that it will pe~it the operation of a retail store on prope~y in a general area being presently used for retail commercial facilities. Attached as Exhibit B are the n~es, addresses, and tm numbers of the o~ers of all lots or prope~y immediately adjacent to or immediately across the street or road from the property to be rezoned. ~EREFORE, the Petitioner re~ests that the ~ove-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully s~mitted this 17th day of May, 1995. Respectfully s~mitted, SOCCER STOP, INC. George I. Vogel, II VOGEL & CROMWELL 204 McClanahan Street SW Roanoke, VA 24014 (703) 982-1220 Signature of Owner SOCC~ STOP, INC. Exhibit B OWNERS OF ADJOINING PROPERTY TAX NUMBER 1150102 1150109 1150111 1150202 OWNERS NAME AND ADDRESS Price H. Hurst, Jr. Maureen G. Hurst 5216 Flintlock Road SW Roanoke, VA 24014 Holdren's Inc. 2309 Franklin Road SW Roanoke, VA 24014 Holdren's Inc. 2309 Franklin Road SW Roanoke, VA 24014 Mack D. Cooper II 1410 Main Street SW Roanoke, VA 24015 I .I I I , IN RE: AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA Rezoning of a tract of land lvina on the northerly side of Franklin Road SW, 2219 Franklin Road SW and being tax ~1150108 and a portion of tax ~1150111 from LM-Light Manufacturing to C2-General Commercial. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Soccer Stop, Inc. is a contract purchaser and the owner of an equitable interest in land in the City of Roanoke, Virginia containing .48 acres, more or less, located at 2219 Franklin Road SW, Roanoke, Virginia, tax number 1150108 and a portion of tax number 1150111. Said tract is currently zoned LM-Light Manufacturing. A map of the property to be rezoned is attached as Exhibit A. The current record owner of said property is Holdren's Inc., 2309 Franklin Rd, S.W., Roanoke, VA 24014. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from LM-Light Manufacturing District to C2- General Commercial District, subject to certain conditions set forth below for the purpose of permitting the use of said property as a retail store for the sale of sporting equipment. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and the Petitioner will abide by, the following conditions: 1. The current non-conforming billboard located on the property to be rezoned will be removed within two years. 2. The Petitioner agrees to install landscaping in substantial conformance with the attached landscaping plan dated June 6, 1995. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will permit the operation of a retail store on property in a general area being presently used for retail commercial facilities. Attached as Exhibit B are the names, addresses, and tax numbers of the owners of all lots or property immediately adjacent to or immediately across the street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning ordinance of the City of Roanoke. Respectfully submitted this 17th day of May, 1995. Respectfully submitted, SOCCER STOP, INC. George I. Vogel, II VOGEL & CROMWELL 204 McClanahan Street SW Roanoke, VA 24014 (703) 982-1220 Signature of Owner SOCC~ STOP, INC. Roanoke Times & World-News Ad Number: Publisher's Fee: GEORGE I VOGEL II P O BOX 18188 ROANOKE, VA 24010 62320390 $96.20 STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of the Roanoke Times & World-News, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 06/23/95 FULL RUN - Friday 06/30/95 FULL RUN - Friday Witness, this 6th day of July 1995 Authorized 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, July 10, 1995, at 7:00 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, to C-2, General Commercial District, the following property: A tract of land lying on the northerly side of Franklin Road, S.W., located at 2219 Franklin Road, $.W., consisting of Official Tax No. 1150108 and a portion of Official Tax No. 1150111. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. Ail parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 215t day of June , 1995. Mary F. Parker, City Clerk. Publish in the ]Roanoke Times and World-News. once on Friday, June 23, 1995, and once on Friday, June 30, 1995. Send publisher's affidavit to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Send bill to: George I. Vogel, II, Attorney 204 McClanahan Street, S. W. Roanoke, Virginia 24014 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 June 22,1995 File #51 SANDRA H. EAKIN Deputy Ci y Cork George I. Vogel, II, Attorney 204 McClanahan Street, S. W. Roanoke, Virginia 24014 Dear Mr. Vogel: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, July 10, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Soccer Stop, Inc., that a tract of land located at 2219 Franklin Road, S. W., containing .48 acre, more or less, described as Official Tax No. 1150108 and a portion of Official Tax No. 1150111, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District. For your information, I am enclosing copy of a notice of the public hearing and an Ordinance 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. It will be neceasa~y for you or a representative to be present at the July 10 public hearing. Failure to appear could result in a deferral of the request for rezoning until a later date. Sincerely, Mary F. Parker, CMC/AAE' City Clerk MFP:sm July Enc. Georgel. Vogel, II June 22,1995 Page 2 pc: Mr. and Mrs. Price H. Hurst, Jr., 5216 Flintlock Road, S. W., Roanoke, Virginia 24014 Holdren's, Inc., 2309 Franklin Road, S. W., Roanoke, Virginia 24014 Mr. Mack D. Cooper, II, 1410 Main Street, S. W., Roanoke, Virginia 24015 HHC Corporation, P. O. Box 1671, Roanoke, Virginia 24015 PERTAINING TO THE REZONING REQUEST OF: Soccer Stop, Inc., Official Tax Nos. 1150108 and pt. 1150111, ) rezone from LM to C-2 COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) AFFIDAVIT parcels listed below at their last known address: Parcol 1150102 1150109 Owner. Aeent or Occuoant Price H. Hurst, Jr. Maureen G. Hurst Holdren's Inc. 1150202 Mack D. Cooper, II 1150105 HHC Corporation Address 5216 Flintlock Road, SW Roanoke, VA 24014 2309 Franklin Road, SW Roanoke, VA 24014 1410 Main Street, SW Roanoke, VA 24015 P. O. Box 1671 Roanoke, VA 24015 SUBSCRIBED AND SWORN to before me, a Notary P/uhlic, in the City of Roanoke, Virginia, this 30th day of May, 1995. Notllry~Public ' My Commission Expires: / The affiant, Martha Pace Franklin, first being duly sworn, states that she Secretary of the Roanoke City 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 15.1-431, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 30th day of May, 1995, notices of a public hearing to be held on the 7th day of June, 1995, on the rezoning captioned above to the owner or agent of the N~TICE OF PUBLIC HEARI/qG BEFORE ~'ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: . ~i : :~-' '.. The Roanoke City Planning Commission will hold a public hearing on Wednesday, June 7, 1995, at 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W., in order to consider the following: Request fi-om Soccer Stop, Inc., represented by George I. Vogel, II, Attorney, that property located on the northerly side of Franklin Road, S.W., more specifically described as 2219 Franklin Road, S.W., bearing Official Tax No. 1150108, and a portion of an adjoining parcel, bearing Official Tax No. 1150111, be rezoned fi-om LM, Light Manufacturing District to C-2, General Commercial District. A copy of said application is available for review in the Department of Planning and Community Development, Room 162, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please print in newspaper on Tuesday, May 23, 1995 and Tuesday May 30, 1995 Please bill: George I. Vogel, II, Attorney Vogel and Cromwell 204 McClanahan Street, SW Roanoke, VA 24014 (703) 981-1220 Please send affidavit of publication to: Department of Planning and Community Development Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 May 17, 1995 File #51 SANDRA H. EAKIN Deputy City Clerk Carolyn Hayes-Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: 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 George I. Vogel, II, Attorney, representing Soccer Stop, Inc., requesting that a tract of land located at 2219 Franklin Road, S. W., containing .48 acre, more or less, described as Official Tax No. 1150108 and a portion of Official Tax No. 1150111, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm r/soccer EriC. pc: The Honorable Mayor and Members of the Roanoke City Council George I. Vogel, II, Attorney, 204 McClanahan Street, S. W., Roanoke, Virginia 24014 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA Rezoning of a tract of land lying on the northerly side of Franklin Road SW. 2219 Franklin Road SW and beina tax #1150108 and a portion of tax #1150111 from LM-Liaht Manufacturin~ to C2-General Commercial. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Soccer Stop, Inc. and the owner of an equitable interest Roanoke, Virginia containing .48 acres, is a contract purchaser in land in the City of more or less, located at 2219 Franklin Road SW, Roanoke, Virginia, tax number 1150108 and a portion of tax numbers 1150111. Said tract is currently zoned LM-Light Manufacturing. A map of the property to be rezoned is attached as Exhibit A. The current record owner of said property is Holdren's Inc., 2309 Franklin Rd, S.W., Roanoke, VA 24014. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from LM-Light Manufacturing District to C2- General Commercial District, for the purpose of permitting the use of said property as a retail store for the sale of sporting equipment. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will permit the operation of a retail store on property in a general area being presently used for retail commercial facilities. Attached as Exhibit B are the n~es, addresses, and tax numbers of the owners of all lots or property i~ediately adjacent to or i~ediately across the street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 17th day of May, 1995. Respectfully submitted, SOCCER STOP, INC. George I. Vogel, II VOGEL & CROMWELL 204 McClanahan Street SW Roanoke, VA 24014 (703) 982-1220 Signature of Owner SOCCER STOP, INC. / Exhibit B OWNERS OF ADJOINING PROPERTY TAX NUMBER 1150102 1150109 1150111 1150202 OWNERS NAME AND ADDRESS Price H. Hurst, Jr. Maureen G. Hurst 5216 Flintlock Road SW Roanoke, VA 24014 Holdren's Inc. 2309 Franklin Road SW Roanoke, VA 24014 Holdren's Inc. 2309 Franklin Road SW Roanoke, VA 24014 Mack D. Cooper II 1410 Main Street SW Roanoke, VA 24015 PERTAINING TO THE REZONING REQUEST OF: AFFIDAVIT Soccer Stop, Inc., Official Tax Nos. 1150108 and pt. 1150111, ) rezone from LM to C-2 COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she Secretary of the Roanoke City 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 15.1-431, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 26th day of June, 1995, notices of a public hearing to be held on the 5th day of luly, 1995, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel 1150102 1150109 Owner, Aeent or Occupant Price H. Hurst, Jr. Maureen G. Hurst Holdren's Inc. Address 5216 Flintlock Road, SW Roanoke, VA 24014 2309 Franklin Road, SW Roanoke, VA 24014 1150202 Mack D. Cooper, II 1410 Main Street, SW Roanoke, VA 24015 1150105 HHC Corporation P. O. Box 1671 Roanoke, VA 24015 c Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, Virginia, this 26th day of June, 1995. My Commission Expires: in the City of Roanoke, MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 28, 1995 File #58-111-354 Robert D. Smith, President First USA Merchant Services, Inc. 2840 Electric Road, S. W. Suite 111 Roanoke, Virginia 24018 Dear Mr. Smith: I am enclosing copy of Resolution No. 32587-072495 permitting payment of fees for emergency medical services by use of credit cards and authorizing a merchant credit card agreement with First USA Merchant Services, Inc. Resolution No. 32587-072495 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-I 536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 28, 1995 File #24-137-353 Evelyn Jefferson Vice President - Supplements Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32304 Dear Ms. Jefferson: I am enclosing copy of Ordinance No. 32575-072495 emending and reordaining Chapter 20, Motor Vehicles and Traffic of the Code of the City of Roanoke (1979), as amended, by enacting new Article V, Keeoino of tnooaretive Vehicle, to provide for regulation of inoperative vehicles in residential, commercial or agricultural districts, and appropriate procedures for the removal and disposition of unlawfully kept inoperative vehicles; repealing Section 36.1-563, ~, Section 36.1-564, J~ · ~[~[~.~[~, and Section 36.1-565, Removal of inonerative vehicle-? of Division 13, J~, of Chapter 36.1, ~,.~, of the Code of the City of Roanoke (1979), as amended. Ordinance No. 32575-072495 was adopted by the Council of the City of Roanoke on first reading on Monday, July 10, 1995, also adopted by the Council on second reading on Monday, July 24, 1995, and will take effect on and after January 1, 1996. I am also enclosing copy of Ordinance No. 32588-072495 amending and reordaining Section 20-76(a), Parking in SDaces Reserved for Persons with Disabiliti.~-, of the Code of the City of Roanoke (1979), as amended, to prohibit individuals who are not limited or are impaired in their ability to walk from parking a vehicle in a space reserved for disabled Evelyn Jefferson July 28, 1995 Page 2 persons except when transporting a person with a disability in said vehicle. Ordinance No. 32588-072495 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. Please include Ordinance Nos. 32575-072495 and 32588-072495 in Supplement No. 34 to the Roanoke City Code. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 240l 1-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk July 28, 1995 File #24-137-353 Raymond F. Leven Public Defender Suite 4B Southwest Virginia Building Roanoke, Virginia 24011 Dear Mr. Leven: I am enclosing copy of Ordinance No. 32575-072495 amending and reordaining Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979), as amended, by enacting new Article V, Keedin(3 of Inooarafive Vehicles, to provide for regulation of inoperative vehicles in residential, commercial or agricultural districts, and appropriate procedures for the removal and disposition of unlawfully kept inoperative vehicles; repealing Section 36.1-563, ~;~ Section 56.1-564, ~ ' , and Section 36.1-565, Removal of inoperative vehicles of Division 13, JDQi~:~J[y~.V~, of Chapter 36.1, Z.~, of the Code of the City of Roanoke (1979), as amended. Ordinance No. 32575-072495 was adopted by the Council of the City of Roanoke on first reading on Monday, July 10, 1995, also adopted by the Council on second reading on Monday, July 24, 1995, and will take effect on and after January 1, 1996. I am also enclosing copy of Ordinance No. 32568-072495 amending and reordaining Section 20-76(a), Parkin(~ in SDaces Reserved for Persons with Disabiliti~.-~ of the Code of the City of Roanoke (1979), as amended, to prohibit individuals who are not limited or Raymond F. Leven July 28,1995 Page 2 are impaired in their ability to walk from parking a vehicle in a space reserved for disabled parsons except when transporting a parson with a disability in said vehicle. Ordinance No. 32588-072495 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, The 24th day of July, 1995. No. 32575-072495. VIRGINIA, AN ORDINANCE amending and reordaining Chapter 20, Motor Vehicles and Traffiq, of the Code of the City of Roanoke (1979), as amended, by enacting new Article V, Keepinq of Inoperative Vehicles, to provide for regulation of inoperative vehicles in residential, commercial or agricultural districts, and appropriate procedures for the removal and disposition of unlawfully kept inoperative vehicles; repealing S36.1-563, ADDlication, S36.1-564, Keeping of inoperative vehicles, and ~36.1-565, Removal of inoperative vehicles, of Division 13, Inoperative Vehicles, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended; and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: ARTICLE V. Keeping of inoperative vehicles. ~20-116. Declaration of findings and policy. It is hereby declared that inoperative vehicles openly kept on property in residential, commercial or agricultural districts of the City are a fire hazard, hinder the deployment and mobilization of fire fighting equipment, create harborage for rodents and insects, are a danger to children, pose substantial health and safety hazards to the public at large, are a blighting influence on the City's neighborhoods, and constitute a nuisance. 920-117. Administration and enforcement. (a) The City Manager shall be responsible for the administration and enforcement of this article. (b) In the administration and enforcement of this article, the City Manager may employ independent contractors for the purpose of removing, storing and disposing of inoperative vehicles. S20-118. Definitions. For the purposes of this article, the following words and phrases shall have the meanings given herein: (a) Inoperative vehicle: Any vehicle, trailer, or semi-trailer, or portion thereof, which is not in operating condition; or which, for a period of sixty (60) days or longer, has been partially or totally disassembled by the removal of tires and wheels, the engine, or other essential parts required for the operation of the vehicle; or on which there are displayed neither valid license plates nor a valid inspection decal. (b) Motor vehicle: Any vehicle which is self-propelled or designed for self-propulsion. Any structure designed, used or maintained primarily to be loaded on or affixed to a motor vehicle to provide a mobile dwelling, sleeping place, office or commercial space shall be considered a part of a motor vehicle. (c) Notice: (1) Notice to a person who owns an inoperative vehicle, to a holder of a security interest in an inoperative vehicle, or to an owner of property on which an inoperative vehicle is located, may be given by certified mail. In the case of an owner of an inoperative vehicle or the holder of a security interest in such inoperative vehicle, the notice shall be sent to the addresses as set forth in the records of the Department of Motor Vehicles of the Commonwealth of Virginia. In the case of an owner of property on which an inoperative vehicle is located, notice shall be sent to the address of such property owner as set forth in the records of the Department of Real Estate Valuation for the City. Notice under this subsection shall be complete and sufficient, and the date of notice under this subsection for purposes of sections 20-121 and 20-122 of this article shall be determined, when such notice is 2 addressed and deposited with the United States postal service, certified mail, postage prepaid. (2) If notice is returned by the postal authorities, or records of the Department of Motor Vehicles contain no address for an owner of an inoperative vehicle or no address of any person shown by such records to hold a security interest in such inoperative vehicle, or if the identity or address of such owner or holder of a security interest in an inoperative vehicle cannot be determined with reasonable certainty, the City Manager shall post a copy of the notice in a conspicuous place on the property on which the inoperative vehicle either is located or was located at the time it was removed, and shall give notice by publication once in a newspaper of general circulation in the area in which the inoperative vehicle either is located or was located at the time it was removed. Notice by publication may contain multiple listings of inoperative vehicles which will be or were removed. Notice under this subsection shall be complete and sufficient, and the date of notice under this subsection for purposes of sections 20-121 and 20- 122 of this article, shall be on the later of the date on which the posting is accomplished or the date of publication. If notice is being given under section 20-122 of this article after such notice has been returned by the postal authorities, notice by posting and publication may occur within fifteen (15) calendar days after receipt by the City of such returned notice. (3) In lieu of notice by certified mail under subsection (c)(1) above, notice to an owner of an inoperative vehicle, to a holder of a security interest in an inoperative vehicle, or to an owner of property on which an inoperative vehicle is located may be given in writing (i) in person to any natural person who is an owner of an inoperative vehicle or an owner of property on which an inoperative vehicle is located, or who holds such security interest, or (ii) in person to any owner, officer or agent of any entity who is an owner of such an inoperative vehicle or property, or who holds such security interest. Notice under this subsection shall be complete and sufficient, and the date of notice for purposes of sections 20- 121 and 20-122 of this article, shall be the date on which the notice is handed to such owner or holder of a security interest. (d) Semi-trailer: Any vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests or is carried by another vehicle. (e) Shield from view or shielded from view: Completely precluding visibility of the subject vehicle from all adjacent streets, alleys and properties, such as by placing the subject vehicle in a fully enclosed building or structure which has solid walls and a roof that precludes visibility into any portion of the interior thereof, or placing the subject vehicle in an area enclosed by a solid opaque fence or landscaping which is sufficient in height, density and circumference to completely preclude visibility of the subject vehicle from all adjacent streets, alleys, and properties. (f) Trailer: Any vehicle without motive power designed for carrying property or passengers wholly on its own structure and for being drawn by a motor vehicle, including mobile homes. (g) Vehicle: Every device, in or on, by which any person or property is or may be transported or drawn on a highway, except devices moved by human power or used exclusively on stationary rails or tracks. For the purpose of this chapter, mopeds shall not be considered vehicles. S20-119. Keeping of inoperative vehicles prohibited. It shall be unlawful for any person to keep on any property zoned for residential, commercial or agricultural purposes, any inoperative vehicle, unless such inoperative vehicle, is shielded from view. S20-120. Exceptions. The provisions of this article shall not apply to any licensed business which on June 26, 1970, was regularly engaged in business as an automobile dealer, salvage dealer or scrap processor. S20-121. Removal of inoperative vehicles. (a) An owner of any inoperative vehicle on any property which is zoned for residential, commercial or agricultural purposes, or the owner of any such property upon which such an inoperative vehicle is 4 located, shall shield from view such inoperative vehicle, within fifteen (15) calendar days of the date of notice to the owner of such inoperative vehicle, all holders of a security interest in such inoperative vehicle, and the owner of the property upon which such inoperative vehicle is located, that such vehicle is in violation of this article. The notice shall (1) describe the year, make, model, and serial number of the inoperative vehicle and reference this article; (2) state that any owner of such inoperative vehicle or property on which such inoperative vehicle is located, or holder of a security interest in such inoperative vehicle, may appeal the City Manager's decision that the vehicle is in violation of this article by filing a Notice of Appeal with the City's Planning and Community Development Department; (3) state that failure to shield from view such inoperative vehicle may result in the removal and disposal of the vehicle; and (4) state that such removal and disposal may be at the expense of the owner of such inoperative vehicle or the owner of property upon which such vehicle is located. (b) Whenever an owner of any such inoperative vehicle, or an owner of any property upon which such vehicle is located, fails to shield from view such vehicle within fifteen (15) calendar days of such notice, the City Manager may order such vehicle to be removed. S20-122. Disposal of unclaimed inoperative vehicles. (a) Whenever the City Manager causes the removal of any inoperative vehicle to an impoundment lot, he shall give notice in writing as soon as possible, but, subject to section 20-118(c) of this article, in no event more than five (5) business days after the removal of the inoperative vehicle, to the owner of record of the inoperative vehicle and all persons holding a security interest in the inoperative vehicle as reported by the Division of Motor Vehicles for the Commonwealth of Virginia, that the vehicle has been taken into custody. The notice shall (1) describe the year, make, model and serial number of the inoperative vehicle; (2) set forth the location of the facility where the inoperative vehicle is being held; (3) inform the owner and any holder of a security interest in the inoperative vehicle of their right to reclaim the inoperative vehicle within twenty-one (21) days after the date of notice upon payment of the cost of removal; (4) state that the failure of the owner or the holder of a security interest in such inoperative vehicle to exercise their right to reclaim the inoperative vehicle within the time provided may result in the inoperative vehicle being disposed of; and (5) state that the owner of the inoperative vehicle, or the owner of the premises on which the inoperative vehicle was located at the time it was removed, may be liable for the cost of removal and disposal of the inoperative vehicle. (b) Whenever any inoperative vehicle is not reclaimed by the owner of such inoperative vehicle, or by any holder of a security interest therein, by payment of the cost of removal of the inoperative vehicle within the time specified in such notice, the inoperative vehicle may be disposed of. (c) If an inoperative vehicle is not reclaimed as provided above, the City Manager or his authorized agent shall sell it or cause it to be sold at public auction. From the proceeds of the sale of an inoperative vehicle, the City, or its authorized agent, shall reimburse itself for the expenses of any auction, the cost of towing, preserving and storing the vehicle which resulted from placing the inoperative vehicle in custody. Any remainder from the proceeds of a sale shall be held for the owner of the abandoned motor vehicle or any person having security interests therein, as their interests may appear, for ninety (90) days, and then be deposited with the treasurer of the City. (d) The cost for the removal and disposal of an inoperative vehicle may be charged to the owner of such vehicle, or the owner of the property from which such vehicle was removed. Such costs may be collected by the City as taxes and levies are collected. (e) Any such costs assessed against the property from which the vehicle was removed shall constitute a lien against the property and shall continue until actual payment of such costs has been made to the City. S20-123. Appeals. (a) Any person aggrieved by a decision of the City Manager in connection with the administration or enforcement of this article may appeal such decision by filing a written Notice of Appeal with the City's 6 Department of Planning and Community Development within fifteen (15) calendar days of such decision. Any such Notice of Appeal shall state the following in writing: (1) The order, requirement, decision or determination which is the subject of the appeal; (2) The date of the decision; and (3) The reason(s) for the appeal. (b) Upon receipt of an appeal by the City's Department of Planning and Community Development, the City Manager shall designate a person who did not participate in making the determination under review to hear the appeal. (c) The appeal shall be heard as soon as possible after the filing of the appeal, but in no event more than ten (10) business days after the filing of the appeal, unless the appeal officer and the aggrieved person agree to an extension of the ten-day deadline. (d) The appeal officer and persons with personal knowledge relating to the subject vehicle may be present during the appeal hearing. (e) The appeal officer shall announce his decision within five (5) business days after the hearing, unless the appeal officer and the aggrieved person agree to an extension of the five-day deadline. The appeal officer shall have authority to affirm, modify or reverse the City Manager's decision, including the authority to order appropriate relief under all circumstances. (f) Extension of deadlines pursuant to this section shall extend any other deadline within this article by an equal number of business or calendar days, as appropriate. (g) Any appeal filed under the provisions of this section shall stay enforcement of the order until such appeal has been reviewed and decided. S20-124. Severabllity. If any of the sections, paragraphs, sentences, clauses or phrases of this article shall be declared unconstitutional or invalid by a valid Judgement or decree of a court of competent Jurisdiction, such unconstitutionality or invalidity shall not affect the validity and entirety of the remaining sections, 7 paragraphs, sentences, clauses and phrases of this article. 2. Section 36.1-563, ADDlication, S36.1-564, Keepinq of inoperative vehicles, and S36.1-565, Removal of inoperative vehicles, of Division 13, Inoperative Vehicles, of Chapter 36.1, Zoninq, of the Code of the City of Roanoke hereby REPEALED. 3. This ordinance shall be in full after January 1, 1996. ATTEST: (1979), as amended, are force and effect on and City Clerk. Roanoke, Virginia July 10, 1995 95-146 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of City Council: Subject: Recommendation to Amend Chapter 20 of the City Code (1979), providing for an ordinance to prohibit the Open Storaae of Inoperative Motor Vehicles (Junk cars~ in residential or commercial or agricultural districts of the City. I. Background: Aesthetic appearance of ufivate land and private properties has a decisive and long- term effect on the City's potential for future growth and prosperity. Unsiahtly conditions and structures frequently existing in and upon private properties, such as "Junk cars" (inoperative motor vehicles) persistently undermine the integrity of various City landscapes and the general quality of life in many areas of the City. Properties affected by such conditions have a debasing and demeaning effect on surrounding lands and property values. Junk cars (inoperative motor vehicles) located on private properties resulted in 770 public complaints being filed with the City in 1992. Junk cars on private property continued to represent at least 60% of the total sum of all zoning complaints received by the City in 1993. Section 21-40.1 of the City Code (1979), as amended, (copy attached) as originally adopted by the City Council in 1976, was intended to prohibit and thereby effectively control the open storage of junk cars (inoperative motor vehicles) on residential, commercial or agriculturally zoned properties in the City. Legal enforcement of Section 21-40.1 required the City to summon, prosecute and convict violators thereof through the legal process of the courts. Section 21-40.1 was subsequently repealed, revised and re-enacted in 1993, as Division 13, Inoperative Motor Vehicles, under Article VII of Chapter 36.1, Zoning (Section 36.1-563-565). Division 13 as re-enacted, however, still requires the City Members of Council Page 2 II. to prosecute and convict each individual Violation through the legal process of the court system. Current Situation: Effective methods are needed to efficiently eliminate or reduce to minimal levels, unsightly and illegal conditions such as junk cars (inoperative motor vehicles) openly stored on private properties, in violation of the City Code (1979). Citizens and neighborhood ~,rout)s, during the first half of 1994, filed 569 zoning- related complaints with the City. Sixty-six percent (66%) of these complaints were related to the open storage of inooerative motor vehicles (iunk carsl on private proper~y. This trend continues to increase each year. Inoperative motor vehicle complaints received by the City between January 1, 1995, and May 25, 1995, totaled 404, and were received as follows: Complaints from citizens and neighborhood groups filed directly with the Zoning Administrator - 272 Complaints filed by the City's COPE (Community Oriented Policing Effort) unit- 132 Legal prosecution through the corot system, over the course of the past 10 years, has proven to be a time-consuming process for both the City and the court system. Prosecution through the court system appears to have had little, if any, effect on the total and annual sum of junk car violations and complaints being received and processed by the City. Court dockets are consistently burdened with an overload of pending criminal and civil cases. Current ordinance procedure (legal prosecution through court process) is no longer reauired under the provisions of current state law. Current ordinance procedures hinder effective enforcement in numerous ways, among which are the following: When a violator fails to remove a vehicle after notice by the City is given, a summons is served upon the violator to appear in court. If the violator cannot be found or requests a postponement, the matter is frequently delayed and can be held over to successive future dates. Court delays are often lengthy as court proceedings can only be scheduled on a monthly basis. Members of Council Page 3 III. Issues: A. Courts frequently allot the violator additional time to remove the offending vehicle, beyond the time extensions (10 to 45 days) already granted by the City. In some cases where offenders are found guilty and fined, the violation (vehicle) is not removed from the premises. Persistent offenders are well aware of the City's enforcement limitations and often circumvent the process by moving the offending vehicle to another neighborhood during the court delays. The charges are accordingly dropped. Staff eventually discovers the same vehicle at another location, and the process starts over again. Complaining citizens, property owners, and neighborhood groups perceive these long delays as lack of City action and indifference and failure on the City's part to respond to these complaints and violations. Current ordinance procedures (court process) have resulted in an increasing backlog of complaints, violations and cases involving open storage of inoperative motor vehicles on private property. New complaints and violations are continuously being added to this backlog. Legal authority for local governments (cities. counties and towns) to enact ordinances to provide for the removal (towing) and disposition of illegally stored inoperative motor vehicles was nrovided by the Commonwealth of Virginia in 1986. Section 15.1-11.1 of the Code of Virginia (1950). as amended, authorizes any city, town or county that has adopted such an ordinance to remove (tow), store, and dispose of(sell in whole or part, for use, for parts, or for scrap metal processing) any such inoperative motor vehicle, whenever the owner thereof fails to place the same within an enclosed building, or othenvise fails to shield or screen such vehicles from view, or subsequently fails to reclaim such vehicle after reasonable notification has been given. City of Salem and Roanoke County governments have in recent years adopted ordinances that provide for the towing and disposition of inoperative motor vehicles. Legal authori~[v. B. Land and nrooertv values. Members of Council Page 4 C. Costs/savings. D. Code enforcement. IV. Alternatives: Approve the recommendation to amend Chapter 20 of the City Code (1979), providing for the removal and disposition of inoperative motor vehicles by the City, in accordance with the requirements prescribed in the ordinance attached to this report. Legal authority. Legal authority for the City to adopt and enforce the provisions of this amendment is pr0vi0ed in Section 15.1-11.1 of the Code of the Commonwealth of Virginia, (1950), as amended. 2. Land and property values: Effective and timely removal of junk cars (inoperative motor vehicles) will improve the overall aesthetic appearance of private properties. Preservation and enhancement of existing property values will be achieved. Potential for new development and/or property improvements will be encouraged in many areas of the City. 3. Costs/savings: Recommended amendment will enable the City to contract with licensed towing companies in the City to provide towing, storage and disposal services. Vehicles removed (towed) from private property will be stored on the premises of the towing company(ies). Owners of such vehicles will be able to reclaim the same at the premises of the respective towing company. Reasonable charges for towing and storage services will be paid by the owners of such vehicles to the towing firms upon reclamation. City will not incur any cost or expense for such towing and storage services. Vehicles unclaimed after due notification has been provided to the owners may be disposed of (sold), as provided for by law, by the towing firms to recoup their expenses for towing and storage Members of Council Page 5 services. City will not incur any cost or expense for such disposal services. d. Current operating costs; i.e., City man hours expended in processing violations through the court system process, will be significantly reduced. City staff will be enabled to pursue other pending violations. Overall Ci~;y costs will be reduced. 4. Code enforcement: a. Timely removal of illegal inoperative motor vehicles will be an effective means of obtaining code compliance. b. Junk cars (inoperative motor vehicles) will be eliminated as a major source of zoning complaints in the City. c. Complaining residents and neighborhood groups will be satisfied that the City is concerned and actively responding to valid complaints. d. Effectiveness in controlling other types of violations will be increased by the availability of stafftime, previously occupied by the inoperable vehicle problem. Deny the request to amend Chapter 20 of the City Code (1979), and retain the current legal provision to prosecute violators through the court system. 1. Legal authority would not be an issue. 2. Land and property values: a. Inoperative motor vehicles will continue to be a leading source of public complaints in the City. b. Aesthetic appearance of numerous private properties will continue to have a negative impact on ~roperty values in the City. 3. Cost/savings: a. Cost of towing and disposition expense will not be an issue. b. City will continue to expend considerable amounts of time and money to prosecute violators through the court system. Members of Council Page 6 c. City will not realize any savings. 4. Code enforcement: City staff will continue to make every effort to enforce City ordinances. Current ordinance requirements will continue to increase the existing backlog of inoperative motor vehicle ("junk car") violations. Citizens and neighborhood groups will continue to perceive these long delays as indifference and lack of response on the part of the City. V. Recommendation: Approve Alternative A thereby authorizing the amendment of Chapter 20 of the City Code (1979), as prescribed in the ordinance attached to this report. Respectfully submitted, W. Robert Herbert City Manager WRH:ERT:mpf attachments cc: City Attorney Director of Finance Assistant City Manager Director of Public Works Chief of Planning and Community Development Zoning Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, DRAFT AN ORDINANCE amending and reordaining Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979), as amended, by enacting new Article V, Keeping of Inoperative Vehicles, to provide for regulation of inoperative vehicles in residential, commercial or agricultural districts, and appropriate procedures for the removal and disposition of unlawfully kept inoperative vehicles; repealing S36.1-563, ADDlication, S36.1-564, Keeping of inoperative vehicles, and ~36.1-565, Removal of inoperative vehicles, of Division 13, Inoperative Vehicles, of Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: ARTICLE V. Keeping of inoperative vehicles. S20-116. Declaration of findings and policy. It is hereby declared that inoperative vehicles openly kept on property in residential, commercial or agricultural districts of the City are a fire hazard, hinder the deployment and mobilization of fire fighting equipment, create harborage for rodents and insects, are a danger to children, pose substantial health and safety hazards to the public at large, and constitute a nuisance. S20-117. Administration and enforcement. (a) The City Manager, or his designee (hereinafter referred to as Agent), shall be responsible for the administration and enforcement of this article. Any reference to the City Manager in this article shall include a reference to the Agent, unless the context clearly indicates otherwise. (b) In the administration and enforcement of this article, the City Manager may employ personnel as independent contractors for the purpose of removing, storing and disposing of inoperative vehicles. S20-118. Definitions. For the purposes of this article, the following words and phrases shall have the meanings given herein: (a) Inoperative vehicle: Any vehicle, trailer, or semi-trailer, or portion thereof, which is not in operating condition, or which, for a period of sixty (60) days or longer, has been partially or totally disassembled by the removal of tires and wheels, the engine, or other essential parts required for the operation of the vehicle, or on which there are displayed neither valid license plates nor a valid inspection decal. (b) Motor vehicle: Any vehicle which is self-propelled or designed for self-propulsion. Any structure designed, used or maintained primarily to be loaded on or affixed to a motor vehicle to provide a mobile dwelling, sleeping place, office or commercial space shall be considered a part of a motor vehicle. (c) Semi-trailer: Any vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests or is carried by another vehicle. (d) Shield from view or shielded from view: Completely precluding visibility of the subject vehicle from all adjacent streets, alleys and properties, such as by placing the subject vehicle in a fully enclosed building or structure which has solid walls and a roof that precludes visibility into any portion of the interior thereof, or placing the subject vehicle in an area enclosed by a solid 2 (e) opaque fence or landscaping which is sufficient in height, density and circumference to completely preclude visibility of the subject vehicle from all adjacent streets, alleys, and properties. Trailer: Any vehicle without motive power designed for carrying property or passengers wholly on its own structure and for being drawn by a motor vehicle, including mobile homes. (f) Vehicle: Every device, in or on, by which any person or property is or may be transported or drawn on a highway, except devices moved by human power or used exclusively on stationary rails or tracks. For the purpose of this chapter, mopeds shall not be considered vehicles. S20-119. Keeping of inoperative vehicles prohibited. It shall be unlawful for any person, firm, or corporation to keep on property zoned for residential, commercial or agricultural purposes, any inoperative vehicle, unless such inoperative vehicle, is shielded from view. S20-120. Exceptions. The provisions of this article shall not apply to any licensed business which on June 26, 1976, was regularly engaged in business as an automobile dealer, salvage dealer or scrap processor. S20-121. Removal of inoperative vehicles. (a) An owner of any inoperative vehicle on property which is zoned for residential, commercial or agricultural purposes, or the owner of any property upon which such an inoperative vehicle is kept, shall shield from view such inoperative vehicle, within fifteen (15) calendar days of notification being sent or otherwise given by publication to the owner of such inoperative vehicle, and the owner of the property upon which such inoperative vehicle is kept, that such vehicle is in violation of this article. (b) Whenever an owner of any such inoperative vehicle, or an owner of any property upon which such vehicle is kept, fails to shield from view such vehicle, within fifteen (15) calendar days of such notice, the City Manager may order such vehicle to be removed to an impoundment lot. S20-122. Disposal of unclaimed inoperative vehicles. (a) Whenever the City Manager causes the removal of any inoperative vehicle to an impoundment lot, he shall send notification within fifteen (15) calendar days thereof, by registered or certified mail, return receipt requested, to the owner of record of the motor vehicle and all persons or entities having a security interest as reported by the Division of Motor Vehicles for the Commonwealth of Virginia, that the vehicle has been taken into custody. The notice shall describe the year, make, model and serial number of the inoperative vehicle, set forth the location of the facility where the inoperative vehicle is being held, inform the owner and any persons or entities having the aforesaid security interests of their right to reclaim the inoperative vehicle within twenty-one (21) days after the date of notice upon payment of all towing, preservation and storage charges resulting from placing the inoperative vehicle in custody; and that the failure of the owner or persons having such security interests to exercise their right to reclaim the inoperative vehicle within the time provided shall be deemed a waiver by the owner and all persons or entities having a security interest of all right, title and interest in the inoperative vehicle and consent of the sale of such inoperative vehicle at a public auction. (b) If records of the Division of Motor Vehicles for the Commonwealth of Virginia contain no address for the owner, or no address of any person or entity shown by such records to have a security interest, or if the identity and addresses of the owner and all persons or entities having security Interests cannot be determined with reasonable certainty, notice by publication once in a newspaper of general circulation in the area from where the Inoperative vehicle was removed shall be sufficient to meet all requirements of notice pursuant to the provisions of paragraph (a) of this section. Such notice by publication may contain multiple listings of inoperative vehicles, trailers or semi-trailers which were removed. Any such notice shall be within the time requirements prescribed for a notice by mail and shall have the same contents required for a notice by mail. 4 (c) Whenever any inoperative vehicle is not re-claimed by the owner, or any person or entity having a security interest therein, within the time specified in such notice, the City Manager may order the vehicle to be disposed of. (d) The cost to the City for the removal and disposal of an inoperative vehicle shall be charged to the owner of such vehicle, or the owner of the property from which such vehicle was removed. In addition to remedies available at law, such costs may be collected as taxes and levies are collected. (e) Any such costs assessed against the property from which the vehicle was removed shall constitute a lien against the property and shall continue until actual payment of such costs has been made to the City. S20-123. Appeals. Any person aggrieved by a decision of the Agent that a motor vehicle is inoperative, or is otherwise being kept in violation of this article, may appeal such decision to the City Manager by filing a written Notice of Appeal with the Department of Planning and Community Development within fifteen (15) calendar days of receipt of any such decision. Any such Notice of Appeal shall state the following in writing: (a) The order, requirement, decision or determination which is the subject of the appeal. (b) The date upon which the decision was received. (c) The reason(s) for the appeal. Any appeal filed under the provisions of this section shall stay enforcement of the order until such appeal has been reviewed and decided by the City Manager. S20-124. Severabllit¥. If any of the sections, paragraphs, sentences, clauses or phrases of this article shall be declared unconstitutional or invalid by a valid Judgement or decree of a court of competent Jurisdiction, such unconstitutionality shall not affect the validity and entirety of the remaining sections, paragraphs, sentences, clauses and phrases of this article. 5 2. Section 36.1-563, ADDlication, S36.1-564, KeeDing of inoperative vehicles, and S36.1-565, Removal of inoperative vehicles, of Division 13, Inoperative Vehicles, of Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended, are hereby REPEALED. 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. NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION '95 19 '~'I :1', TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public heating on Wednesday, July 5, 1995, at 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W., in order to consider the following: Request fi.om Roanoke City Planning Commission that Division 13, Inoperative Vehicles. consisting of Section 36.1-563, Section 36.1-564, and Section 36.1-565 to Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, be repealed. A copy of said application is available for review in the Department of Planning and Community Development, Room 162, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please print in newspaper on Tuesday, June 20, 1995 and Tuesday June 27, 1995 Please bill and send affidavit of publication to: Department of Planning and Community Development Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Romnoke Times & World-News Ad Number: 62320367 Publisher's Fee: $101.40 CITY OF ROANOKE C/O MARY F PARKER CITY CLERKS OFFICE ROOM 456 MUNICIPAL BLDG ROANOKE, VA 24011 STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of the Roanoke Times & World-News, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 06/23/95 FULL RUN - Friday 06/30/95 FULL RUN - Friday Witness, this 6th day of July 1995 Authorized Signature NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of S15.1-431, Code of Virginia (1950), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, July 10, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., in order to consider by the repeal of Division 13, Inoperative Vehicles, consisting of S36.1-563, S36.1-564 and ~36.1-565, to Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended. A copy of said proposed amendment is available for review in the Office of the City Clerk, Room 456, Municipal Building. Questions about the content of the proposed amendment should be directed to the Department of Planning and Community Development, 981-2344. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 21st day of June , 1995. Mary F. Parker, City Clerk. Publish in the Roanoke Times and World-News, once on Friday, June 23, 1995, and once on Friday, June 30, 1995. Send publisher's af£1davit and bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 WILLIAMSON ROAD AREA BUSINESS ASSOCIATION, INC. P.O. Box 5892 Roanoke, Virginia 24012 * 703-362-3293 July 7, 1995 Mayor David Bowers and Members of City Council City of Roanoke Municipal Building 215 Chumh Avenue, S.W. Roanoke, VA 24011 Dear Mayor Bowers and Council: I regret not being able to address you personally on the revision of the towing ordinance. The Williamson Road Area Business Association strongly supports the ordinance revision as recommended by City staff and we urge your approval. You can send a clear and convincing signal to all citizens that you will not tolerate eyesores that so negatively affect Roanoke's image.., and a signal that shows you care about our quality of life. Thank you for this opportunity to provide input -- and thank you for your continued effective leadership. Executive Director