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Home My WebLink AboutCouncil Actions 09-25-95MCCADDEN 32659 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL CITY COUNCIL CHAMBER September 25, 1995 3:00 p.m. AGENDA FOR THE COUNCIL 1. Call to Order -- Roll Call. Council Member Bowles was absent. The Invocation was delivered by The Reverend John Collins, Pastor, Calvary Baptist Church. 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. PRESENTATIONS: Presentation of Golden Trowel Award on behalf of Downtown Roanoke, Inc. Mayor Bowers. File #80-277 Presentation of a proclamation declaring September 25, 1995, as Brian J. Wishneff Day throughout the City of Roanoke. File #80-184-247-258-450 e C-1 C-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. Minutes of a special meeting of Council held on Thursday, July 6, 1995; a joint meeting of Council and the Roanoke County Board of Supervisors held on Tuesday, July 11, 1995; the regular meetings of Council held on Monday, July 10 and Monday, July 24, 1995; and a special meeting of Council held on Monday, July 31, 1995. RECOMMENDED ACTION: Dispense with the reoding of the minutes and approve as recorded. A communication from Mayor David A. Bowers requesting that Council meet 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. 2 C-3 C-4 C-5 RECOMMENDED ACTION: Concur in request to convene in Executive File #110-132 Session as abovedescribed. A joint report of the City Manager and City Attorney with regard to licensure of contractors and subcontractors on City-owned construction projects. RECOMMENDED ACTION: Receive and file. File #106-137-183-322 A communication fi-om the Roanoke City School Board requesting that a public hearing be scheduled for Monday, October 16, 1995, at 7:00 p.m. or as soon thereafter as the matter may be heard, with regard to the issuance of general obligation bonds in an amount not to exceed $4,400,000.00 for improvements and additions to Wasena Elementary School and Jackson Middle School. RECOMMENDED ACTION: Concur in request to schedule a public hearing File #53-467 for Monday, October 16, 1995, at 7:00 p.m. Qualification of the following persons: Robin L. James as an alternate member of the Board of Building Code Appeals, Building Maintenance Division; and File #15-32-110 Gail Burmss as a member of the Fair Housing Board for a term ending March 31, 1998. File #15-110-178 RECOMMENDED ACTION: Receive and file. REGULAR AGENDA 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: Request to address Council with regard to amending Section 6-7, limitation on keeping cattle, sheep, goats and swine, of the Code of the City of Roanoke, 1979, as amended, to allow Vietnamese Potbellied pigs as pets in the City of Roanoke. William and Susan Thompson, Spokespersons. (5 minutes) Received and filed. File 024-54 Request to present a video hi,lighting the Old Southwest neighborhood. Dick Willis, President, Old Southwest, Inc. (10 minutes) Received and filed. File #165 Request to present additional information with regard to drainage, erosion, traffic and flooding concerns in connection with the proposed Cravens Creek Stable Subdivision. Dr. Lisa Farthing, Spokesperson, Cravens Creek-Spring Valley Lake Neighborhood. (5 minutes) Received and filed. File 020-27-23%252 d. OTHER HEARINGS OF CITIZF~NS: None. 4. PETITIONS AND COMMUNICATIONS: A communication fi:om Alton L. Knight#n, Jr., Attorney, representing the City of Roanoke Redevelopment and Housing Authority, requesting Council's approval of the issuance of bonds by the Housing Authority for the benefit of Westwind II Associates to the extent required by Section 147(0 of the Internal Revenue Code of 1986, as amended. Adopted Resolution No. 32659-092595. (6-0) File #53-178 4 A communication from the Roanoke City School Board requesting appropriation of $890,734.00 from the 1995-96 Capital Maintenance and Equipment Replacement Fund, to be used for the purchase of computers and other equipment, addition of classroom space, and alteration and improvement of school facilities; appropriation of $75,000.00 for the Roanoke Valley Preschool Initiative for 1995-96; appropriation of funds to certain school grant accounts; and a report of the Director of Finance concurring in the recommendation. Adopted Budget Ordinance No. 32660-092595. (6-0) File #236-270-467-472 A joint report of the Commissioner of the Revenue and City Treasurer recommending an amendment to the City Code to allow filing by exception for personal property taxes and to require the vehicle's owner to register within 30 days and to pay within 60 days of the vehicle purchase date; and a report of the Director of Finance concurring in the recommendation. Adopted Ordinance No. 32661 on first reading. (6-0) File #34-79-106-137 A report of the Commonwealth's Attorney recommending acceptance of and participation in the Depa,tment of Criminal Justice Services Grant for the Victim/Witness Program, in the amount of $35,910.00; appropriation of funds in connection therewith; and a report of the City Manager concurring in the recommendation. Adopted Budget Ordinance No. 32662-092595 and Resolution No. 32663-092595. (6-0) File #60-133-184-236-502 5. REPORTS OF OFFICERS: a. CITY MANAGER: None. ITEMS RECOMMENDED FOR ACTION: Adopted Resolution No. 32664-092595 expressing the desire of City Council that the City of Roanoke be the site for Annual Meetings of the Virginia Municipal League in one or more of the years 1998-2001. (6-0) File #1%132 A report recommending execution of Amendment No. 2 to the HOME Grant agreement between the City and Northwest Neighborhood Environmental OrganiTation for rehabilitation of properties located at 802 and 807 Gilmer Avenue, N. W.; and transfer of $6,374.00 in connection therewith. Adopted Budget Ordinance No. 32665-092595 and Resolution No. 32666-092595. (6-0) File #60-165-178-236 A report recommending adoption of a Resolution in support of amendments to the Charter Agreement of the Fifth Planning District Commission. Adopted Resolution No. 3266%092595. (6-0) File #13%200-236-326 A report recommending authorization for the Department of Parks and Recreation to accept credit cards for payment of services to customers, and execution of an agreement for such transaction processing. Adopted Resolution No. 32668-092595. (6-0) File 067-369 A report recommending specific actions relative to the City's participation in one-third of the cost to signalize the Hershberger Road/Florist Road, N. W. intersection in Roanoke County; and transfer of funds in connection therewith. Adopted Budget Ordinance No. 32669-092595 and Resolution Nos. 32670-092595 and 32671-092595. (6-0) File # 20-53-57-60-77-183-514 A report recommending execution of Change Order No. 9, in the amount of $165,388.69, to the City's contract with Crowder Construction Company, for Carvins Cove Filter Plant Improvements - Phase I; and transfer of funds in connection therewith. Adopted Budget Ordinance No. 32672-092595 and Ordinance No. 32673-092595. File #27-60-183-468-472 A report recommending execution of an agreement with Habitat for Humanity in the Roanoke Valley, Inc., for HOME funding in connection with the Perry Park Housing Development. Adopted Resolution No. 32674-092595. (5-0, Mayor Bowers abstained from voting.) File #178-236 A report recommending execution of a Joint Exercise of Powers Agreement for the Fifth Planning District Disability Services Board; and designation of the Director of Finance as the fiscal agent for the Fifda Planning District Disability Services Board. Adopted Resolution No. 32675-092595. (6-0) File 072-326-335-353 A report recommending appropriation of funds received from the Depa, huent of Youth and Family Services for use by the Sanctuary Family Oriented Group Homes program, and funds from the United 7 States Department of Agriculture to enhance the food service program of the Crisis Intervention Center (Sanctuary), Youth Haven I, and the Juvenile Detention Home. Adopted Budget Ordinance No. 32676-092595. (6-0) File #60-72-270-304-305 b. DIRECTOR OF FINANCE: 1. Financial report for the month of August, 1995. Received and filed. File 01-10 6. REPORTS OF COMMITTEES: ao A report of the bid committee recommending execution of a nnit price contract with S. R. Draper Paving Co., in the amount of $84,279.00, for widening of Hollins Road and installation of new traffic signals at the intersection of Hollins Road and Old Mountain Road, N.E. Council Member William White, Sr., Chairperson. Adopted Ordinance No. 32677-092595. (6-0) File #20.53-183-217-514 A report of the bid committee recommending execution of a unit price contract with Lanford Brothers Co., Inc., in the amount of $1,031,656.00, for rehabilitation of Wasena Bridge over Norfolk Southern Railway and Roanoke River; execution of an agreement with Norfolk Southern Railway for watchman and flagging protection, in the amount of $4,990.00; and appropriation of funds in connection therewith. Council Member William White, Sr., Chairperson. Adopted Budget Ordinance No. 32678-092595, Ordinance No. 32679- 092595 and Resolution No. 32680-092595. (6-0) File #53-60-102-183-223 7. UNFINISHED BUSINESS: None. So INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: Ordinance No. 32656, on second reading, authorizing the City Manager to execute the necessary documents providing for the sale and conveyance of property owned by the City and located at 120, 122 and 124 West Campbell Avenue, upon certain terms and conditions. Adopted Ordinance No. 32656-092595. (6-0) File #2-166-468 bo Ordinance No. 32657, on second reading, amending certain conditions proffered in the rezoning of a tract of land located at 1910 McVitty Road, S. W., designated as Official Tax No. 5100809. Adopted Ordinance No. 32657-092595. (6-0) File #51 Co Ordinance No. 32658, on second reading, rezoning a tract of land containing approximately 5.44 acres, located at 2941 Peters Creek Road, N. W., and described as Official Tax No. 6410103, fxom RS-3, Residential Single-Family District, to C-2, General Commercial District and C-l, Office District, subject to certain conditions proffered by the petitioner. Adopted Ordinance No. 32658-092595. (6-0) File #51 9. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. 10. Council Member Parrott referred to an article that was published in the Sunday, September 24, 1995, edition of the ~d~w,_T. Ji~ in regard to problems associated with substandard housing. He requested that the City Attorney advise if there is a need for the City to adopt additional enforcement measures and whether or not Federal laws interfere with the City's enforcement efforts. File 032-132-137-178 bo Vacancies on various authorities, boards, commissions and committees appointed by Council. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. CERTIFICATION OF EXECUTIVE SESSION. Edwards and Mrs. Bowles were absent.) (5.0, Vice-Mayor Appointed S. Elaina Loritts-Duckett as a member of the Fair Housing Board. File 015-110-178 Reappointed the following persons: James O. Trout as a Commi~ioner of the City of Roanoke Redevelopment and Housing Authority. File #15-110-178 Council Member Elizabeth T. Bowles as the City of Roanoke's representative to the Total Action Against Poverty Board of Directors. File #110-226 Council Member Delvis O. McCadden as Council's liaison representative to the Roanoke Civic Center Commission. File #110-192 lO Tho C. itv Attoruev was instructed to prepare the .proper measu, re -T - Y - · Council Member Bowles des~Rnating Mayor Bowers as Voting Delegate .und ....... ~___~ as A~teruate Voting Delegate to the Annual Busmess ~ss~on ol tne l~atlonaa League of Cities to be held on Saturday, December 2 in Phoenix, Arizona. File #132-228 city Clerk's Office City of Roanoke, Virginia September 29, 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: Ordinance No. 32656-092595 Budget Ordinance No. 32660-092595 Budget Ordinance No. 32662-092595 Resolution No. 32663-092595 Resolution No. 32664-092595 Budget Ordinance No. 32665-092595 Resolution No. 32666-092595 Resolution No. 32667-092595 Resolution No. 32668-092595 Budget Ordinance No. 32669-092595 Resolution No. 32670-092595 Resolution No. 32671-092595 Budget Ordinance No. 32672-092595 Ordinance No. 32673-092595 Resolution No. 32674092595 Budget Ordinance No. 32676-092595 Ordinance No. 32677-092595 Budget Ordinance No. 32678-092595 Ordinance No. 32679-092595 Resolution No. 32680-092595 Diane S. Akers September 29, 1995 Page 2 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 25, 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 September 29, 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. 32656-092595 Resolution No. 32659-092595 Budget Ordinance No. 32660-092595 Budget Ordinance No. 32662-092595 Resolution No. 32663-092595 Resolution No. 32664-092595 Budget Ordinance No. 32665-092595 Resolution No. 32666-092595 Resolution No. 32667-092595 Resolution No. 32668-092595 Budget Ordinance No. 32669-092595 Resolution No. 32670-092595 Resolution No. 32671-092595 Budget Ordinance No. 32672-092595 Ordinance No. 32673-092595 Resolution No. 32674-092595 Resolution No. 32675-092595 Budget Ordinance No. 32676-092595 Ordinance No. 32677-092595 Budget Ordinance No. 32678-092595 Ordinance No. 32679-092595 Resolution No. 32680-092595 James D. Grisso September 29, 1995 Page 2 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 25, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/,a~,E City Clerk MFP:sm Enc. Gib/Clerk's Office City of Roanoke, Virginia September 29, 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. 32656-092595 Resolution No. 32659-092595 Budget Ordinance No. 32660-092595 Budget Ordinance No. 32662-092595 Resolution No. 32663-092595 Budget Ordinance No. 32665-092595 Resolution No. 32666-092595 Resolution No. 32667-092595 Resolution No. 32668-092595 Budget Ordinance No. 32669-092595 Resolution No. 32670-092595 Resolution No. 32671-092595 Budget Ordinance No. 32672-092595 Ordinance No. 32673-092595 Resolution No. 32674-092595 Resolution No. 32675-092595 Budget Ordinance No. 32676-092595 Ordinance No. 32677-092595 Budget Ordinance No. 32678-092595 Ordinance No. 32679-092595 Resolution No. 32680-092595 W. Robert Herbert September 29, 1995 Page 2 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 25, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Cle~'s Office City of Roanoke, Virginia September 29, 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. 32656-092595 Resolution No. 32659-092595 Resolution No. Resolution No. Resolution No. Resolution No. Resolution No. Resolution No. Resolution No. Ordinance No. Ordinance No. 32663-092595 32664-092595 32666-092595 32667-092595 32668-092595 32670-092595 32671-092595 32673-092595 32677-092595 Ordinance No. 32679-092595 Resolution No. 32680-092595 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 25, 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 September 29, 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. 32662-092595 Resolution No. 32663-092595 Ordinance No. 32677-092595 Budget Ordinance No. 32678-092595 Ordinance No. 32679-092595 Resolution No. 32680-092595 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 25, 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, Virgini~ September 29, 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: Budget Ordinance No. 32662-092595 Resolution No. 32663-092595 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 25, 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 September 29, 1995 Glenn D. Radcliffe, Director Human Resources Roanoke, Virginia Dear Mr. Radcliffe: I am attaching copy of the following measures that pertain to your directorate: Budget Ordinance No. 32665-092595 Resolution No. 32666-092595 Resolution No. 32675-092595 Budget Ordinance No. 32676-092595 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 25, 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 Rcenoko, Virginia September 29, 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. 32656-092595 Budget Ordinance No. 32665-092595 Resolution No. 32666-092595 Resolution No. 32668-092595 Budget Ordinance No. 32669-092595 Resolution No. 32670-092595 Resolution No. 32671-092595 Budget Ordinance No. 32672-092595 Ordinance No. 32673-092595 Resolution No. 32674-092595 Ordinance No. 32677-092595 Budget Ordinance No. 32678-092595 Ordinance No. 32679-092595 Resolution No. 32680-092595 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 25, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AA, E City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, V'u'ginia September 29, 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: Ordinance No. 32656-092595 Budget Ordinance No. 32672-092595 Ordinance No. 32673-092595 Ordinance No. 32677-092595 Budget Ordinance No. 32678-092595 Ordinance No. 32679-092595 Resolution No. 32680-092595 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 25, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia September 29, 1995 Charles M. Huffine City Engineer Roanoke, Virginia Dear Mr. Huffine: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 32669-092595 Resolution No. 32670-092595 Resolution No. 32671-092595 Budget Ordinance No. 32672-092595 Ordinance No. 32673-092595 Ordinance No. 32677-092595 Budget Ordinance No. 32678-092595 Ordinance No. 32679-092595 Resolution No. 32680-092595 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 25, 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'. Office City of Roanoke, Virginia September 29, 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: Budget Ordinance No. 32672-092595 Ordinance No. 32673-092595 Ordinance No. 32677-092595 Budget Ordinance No. 32678-092595 Ordinance No. 32679-092595 Resolution No. 32680-092595 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 25, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clark's City of Roanoke, Virginia September 29, 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. 32672-092595 Ordinance No. 32673-092595 Ordinance No. 32677-092595 Budget Ordinance No. 32678-092595 Ordinance No. 32679-092595 Resolution No. 32680-092595 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 25, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Ma~ F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginie September 29, 1995 Donna S. Norvelle Human Development Coordinator Roanoke, Virginia Dear Ms. Norvelle: I am attaching copy of the following measure that pertains to your department: Resolution No. 32675-092595 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 25, 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'. Office City of Roanoke, Virginia September 29, 1995 William L. Stuart, Manager Streets and Traffic Roanoke, Virginia Dear Mr. Stuart: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 32669-092595 Resolution No. 32670-092595 Resolution No. 32671-092595 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 25, 1995. If you have questions, please do not hesitate to call me. Sincerely, City Clerk MFP:sm Enc. pc: Robert K. Bengtson, Traffic Engineer City Clerk*s Office City of Roanoke, Virginia September 29, 1995 Ronald H. Miller Building Commissioner Roanoke, Virginia Dear Mr. Miller: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 32665-092595 Resolution No. 32666-092595 Resolution No. 32674-092595 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 25, 1995. If you have questions, please do not hesitate to call me. Sincerely, Man/F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: H. Daniel Pollock, Housing Development Coordinator City Clerk's Office City of Roanoke, Virginia September 29, 1995 Lori S. Spencer Acting Grants Monitor Roanoke, Virginia Dear Ms. Spencer: I am attaching copy of the following measures that pertain to your department: Resolution No. 32663-092595 Budget Ordinance No. 32665-092595 Resolution No. 32666-092595 Resolution No. 32674-092595 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 25, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm ERC. City Clerk's Office City of Roanoke, Virginia September 29, 1995 Mariam K. Alam Neighborhood Partnership Coordinator Roanoke, Virginia Dear Ms. Alam: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 32665-092595 Resolution No. 32666-092595 The aboverefemnced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 25, 1995, If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. G~y Glerk's Office City of Roanoke, Virginia September 29, 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: Budget Ordinance No. 32665-092595 Resolution No. 32666-092595 Resolution No. 32674-092595 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 25, 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, Virgin. is September 29, 1995 John W. Coates, Manager Parks and Recreation/Grounds Maintenance Roanoke, Virginia Dear Mr. Coates: I am attaching copy of the following measure that pertains to your department: Resolution No. 32668-092595 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 25, 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 September 29, 1995 Willard N. Claytor Director of Real Estate Valuation Roanoke, Virginia Dear Mr. Claytor: I am attaching copy of the following measure that pertains to your department: Ordinance No. 32656-092595 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 25, 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 September 29, 1995 Phillip F. Sparks Acting Chief Economic Development Roanoke, Virginia Dear Mr. Sparks: I am attaching copy of the following measure that pertains to your department: Ordinance No. 32656-092595 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 25, 1995. If you have questions, please do not hesitate to call ma. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia September 29, 1995 The Honorable Marsha Compton Fielder Commissioner of the Revenue Roanoke, Virginia Dear Ms. Fielder: I am attaching copy of the following measure that pertains to your department: Ordinance No. 32656-092595 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 25, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Given under our hands and the Seal of the City of Roanoke this twenty-fifth day of September nineteen hundred and ninety-five. Brian J.. Wishneff began his career with the City of Roanoke in October, 1978 as a Grant Financial Analyst in the Finance Department; and Mr. Wishneff served as Chief of Economic Development from August, 1979, to May, 1993, in which capacity he was responsible for implementing all City development efforts, business and industry recruitment, site assembly and development, developer recruitment and negotiations, downtown planning and development, government relations and lobbying, strategic planning and public relations; and WHEREAS, Mr. Wishneff served as Acting Director of the Hot'el Roanoke Conference Center Commission from May, 1993, to the present, and was responsible for negotiating all Conference Center development and operation contracts and agreements, overseeing Conference Center design and construction, design marketing and operational policies involving the hotel operator, Virginia Tech and the Convention and Visitors Bureau, and overseeing budget and administrative f~nctions of the Conference Center Commission; and WHEREAS, Mr. Wishneff also serves as President of the Virginia Council on Urban Economic Development, and is actively involved with the University Connection Committee, the Governor's Advisory Council on Industrial Development, the Roanoke Symphony, Downtown Roanoke, Incorporated, and the Roanoke Valley Convention and Visitors Bureau. NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke, Virginia, in recognition of outstanding accomplishments, and service to his community, do hereby proclaim September 25, 1995, throughout the City of Roanoke, as BRIAN J. WISHNEFF DAY. ATTEST: Mary F. Parker City Clerk Dav~A Bowers Mayor MINUTES CONSIDERED AT THIS COUNCIL MEETING MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER, OR AT THE CITY CLERK'S OFFICE DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011 - 1594 Telephone: (703) 981-2444 September 25, 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, Mayor DAB:sm September 25, 1995 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Licensure of contractors and subcontractors on City-owned construction projects Dear Mayor Bowers and Council Members: Members of City Council have expressed concern that unlicensed contractors and subcontractors may be performing construction within the City. This report is intended to outline the procedures that the City has put in place in an effort to avoid such illegal activity on City-owned construction projects. By way of background, it is a violation State law for any person to engage in contracting or to bid upon construction or to consider awarding a construction bid to any person not properly licensed. See ~54.1-1115, Code of Virginia (1905), as amended. Any person violating ~54.1-1115 is guilty of a Class 1 misdemeanor punishable by confinement in Jail for not more than twelve months and a fine of not more than $2,500, either or both. In addition, any person in violation of §54.1-1115 may be fined up to $200 per day for each day of violation. The Virginia Department of Professional and Occupational Regulation regulates contractors and the Commonwealth's Attorney for each locality prosecutes violations occurring in his or her jurisdiction. Violation of State law as to contractor licensure can occur on private construction projects or public construction projects. The vast majority of construction projects being performed within the City are, of course, private projects, and the City has only a minor role in regulating private sector construction contracts. The City's building inspector is prohibited from issuing any building permit unless a contractor furnishes his license or certificate number or evidence of exemption from licensure. See ~15.1-1111, State Code. Other than the role of the local building inspector, State statutes and regulations have preempted City regulation of private sector contracts. As an owner, the City does have power to deal with licensure of contractors and subcontractors on City construction projects. To achieve the goal that only licensed contractors and subcontractors should perform work on construction projects to which the City is a party, the City has implemented the following procedures: The Honorable Mayor and Members of City Council September 25, 1995 Page 2 The Engineering Department verifies the license of any contractor bidding on a City project with the State Department of Professional and Occupational Regulation. No bid from an unlicensed contractor will be considered. Instructions to Bidders prohibit receipt or consideration of any bid from a bidder who is not properly licensed. General Conditions to City contracts require a contractor to obtain all required licenses and permits. General Conditions also require each contractor to verify that all subcontractors hold all necessary State and local licenses. Contractors may also be required to submit a list of subcontractors which cannot be changed except upon approval of the City Engineer. A new certificate has recently been recommended by the City Attorney and included in the City construction document package. The certificate requires each contractor to certify under oath that he has verified all subcontractors hold required State licenses. Contractors are also required to certify under oath that they will verify any additional subcontractors employed to work on a project have all required State licenses. Violation of the certificate constitutes a material breach of contract. The City Manager has, acting pursuant to authority under State Code (S11-46.1), recently promulgated a debarment procedure which provides that contractors may be debarred for breach of contract with the City or for conviction of any criminal offense. The debarment procedure would allow the City Manager to debar for up to three years a contractor who is not properly licensed or who uses unlicensed subcontractors on a City construction project. The Honorable Mayor and Members of City Council September 25, 1995 Page 3 Information as to any unlicensed contractors or subcontractors working on City-owned construction projects will be turned over to the Commonwealth's Attorney for his review and decision as to prosecution. The City administration is firmly committed to doing business only with licensed contractors and having only licensed subcontractors participate on City-owned construction projects. To this end, the foregoing procedures have been implemented. We believe these procedures will prove to be strong and effective, and will continue to monitor their effectiveness in dealing with this important public issue. Very truly yours, W. Robert Herbert City Manager City Attorney WRH:WCD\f cc: The Honorable Donald S. Caldwell, Commonwealth's Attorney The Honorable Marsha Compton Fielder, Commissioner of Revenue William F. Clark, Director of Public Works Charles M. Huffine, City Engineer MARY F, PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke, Virginia 240! i-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk September 28, 1995 File #53-467 The Reverend C. Nelson Harris, Chairperson Roanoke City School Board 2813 Edgewood Street, S. W. Roanoke, Virginia 24015 Dear Reverend Harris: A communication from the Roanoke City School Board requesting that a public hearing be scheduled for Monday, October 16, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to issuance of general obligation bonds, in an amount not to exceed $4,400,000.00, for improvements and additions to Wasena Elementary School and Jackson Middle School was before the Council of the City of Roanoke at a regular meeting held on Monday, September 25, 1995. On motion, duly seconded and adopted, Council concurred in the request and scheduled a public hearing to be held on Monday, October 16, 1995, at 7:00 p.m. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. The Reverend C. Nelson Harris September 28, 1995 Page 2 pc; W. Robert Herbert, City Manager Wilbum C. Dibling, Jr., City Attorney Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public Schools June S. Nolley, Clerk of the Roanoke City School Board '~t C. Nelson Harris, Chairman Marilyn L. Curtis, Vice Chairman Charles W. Day /.-Roanoke City School Board Marsha W. EIlison Melinda J. Payne Dr. Finn D. Pincus John H. Saunders Dr. E. Wayne Harris, Superintendent June S. Nolley, Clerk of the Board P. 0 .Box 13145, Roanoke, Virginia 24031 · 540-981-2381 · Fax: 540-981-2951 September 14, 1995 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 2401 I Dear Members of Council: As you will recall, the Roanoke City School Board approved a resolution for the Roanoke City Public Schools to participate in the 1995 Virginia Public School Authority (VPSA) bond issue and request the City of Roanoke to issue its general obligation school bonds in an amount not to exceed $4,400,000.00 for improvements and additions to Wasena Elementary School and Jackson Middle School. City Council adopted a resolution on September I I authorizing application to the VPSA and the issuance of general obligation bonds in an amount not to exceed $4,400,000.00. In order to meet the timeline established by the VPSA, the Board respectfully requests City Council to hold a public hearing on October 16, 199.5, regarding the issuance of general obligation bonds. The Board appreciates Council's assistance in this matter. Sincerely, ~J~ne s. Nolley, C~ Clerk of the Board re cc: Rev. C. Nelson Harris Dr. E. Wayne Harris Mr. Richard L. Kelley Mr. William L. Murray, Jr. Mr. W. Robert Herbert Mr. Wilburn C. Dibling Mr. James D. Grisso Excellence in Education 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 September 28, 1995 File #15-32-110 Stanley G. Breakell, Chairperson Board of Building Code Appeals, Building Maintenance Division 3256 Allendale Street, S. W. Roanoke, Virginia 24014 Dear Mr. Breakell: This is to advise you that on September 21, 1995, Robin L. James qualified as an alternate member of the Board of Building Code Appeals, Building Maintenance Division. Sincerely, Mary F. Parker, CMClAAE City Clerk MFP:sm pc: Patti C. Hanes, Secretary, Board of Building Code Appeals, Building Maintenance Division Sandra H. Eakin, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Robin L. James, do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as an alternate member of the Board of Building Code Appeals, Building Maintenance Division, according to the best of my ability. So help me God. Subscribed and sworn to before me this 2/ day of ~ 1995. ARTHUR B. CRUSH, III, CLERK 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 September 28, 1995 File #15-110-178 Delores C. Daniels, Secretary Fair Housing Board Roanoke, Virginia Dear Ms. Daniels: This is to advise you that on September 20, 1995, Gail Burruss qualified as a member of the Fair Housing Board for a term ending March 31, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. pc: Sandra H. Eakin, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Gail Bun'uss, do solemnly swear (or affirm) that I will support the Constitution of the United States, and 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 Fair Housing Board for a term ending March 31, 1998, according to the best of my ability. So help me God. ~--~z)'r- Subscribed and sworn to before me this'?J>T~day of ""'~ ' * 1995. ARTHUR B. CRUSH, III, CLERK / , DEPUTY CLERK 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 September 28, 1995 File #24-54 Mr. and Mrs. William Thompson 1019 Wasena Avenue, S. W. Roanoke, Virginia 24015 Dear Mr. and Mfs. Thompson:. At a regular meeting of the Council of the City of Roanoke held on Monday, September 25, 1995, you requested that Section 6-7, Limitation on keeoin(3 cattle, sheeo. (=oats and swine, of the Code of the City of Roanoke (1979), as amended, be amended to allow Vietnamese Potbellied pigs as pets in the City of Roanoke. On motion, duly seconded and adopted, your request was received and filed. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm pc: Mr. and Mrs. Thomas Blue, 1018 Wasena Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Rex Bradley, 1102 Winona Avenue, S. W., Roanoke, Virginia 24015 Mr. Anthony Bryson, 1022 Wasena Avenue, S. W., Roanoke, Virginia 24015 Mr. Scott Johnson and Mr. Rodney Marston, 1023 Wasena Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Jeffrey Steele, 1015 Wasena Avenue, S. W., Roanoke, Virginia 24015 September 17, 1995 Att: City Council/Zoning Commission Re: Potbellied Pigs as pets To Whom It May Concern: In 1985, a Canadian exotic animal importer/breeder, Keith Connell, imported the first potbellied pigs into Canada. They were destined for zoos originally, but in 1986, Californian Kayla Mull recognized their suitability as pets, and began to promote them. Soon, others took notice of these unique animals and the interest in their small size, gentle disposition, immense affection and keen intelligence grew. Since the first few Americans purchased potbellied pigs, many more have fallen in love with these special creatures. People who have always enjoyed pigs have become especially enamored with the suitability of these animals to indoor living. Preferring an average living temperature of 65-85, these mini-pigs fit quite comfortably into the average household. Size-wise, the potbellied pig can weigh 35-100 lbs. if a pet, or up to ~50 lbs. if a breeding animal, and stand up to 22" at the shoulder. They quickly learn to potty in a litter box like a cat, or go outside like a dog. Potbellied pigs desire a warm, clean environment, and will go out of their way to keep it that way, even if it means holding their potty for a long time. Potbellied pigs are odorless [except for non-neutered boars] and seldom, if ever, shed. At one time, there were concerns for what effect potbellied pigs had on human health. A study was done by a California university which concluded that potbellied pigs posed fewer threats to human health and safety than dogs and cats in a typical residential setting. This, combined with the already mild nature of the potbellied pig, results in far fewer cases of animal bJ~tes and disease transmission through saliva and feces than can be attributed to dogs and cats. Also, because potbellied pigs have hair, not fur like dogs and cats, they have become very desirable among highly allergic individuals. As a registry, we strive to preserve the quality and pureness of the potbellied pig breed by keeping extensive records on all our registered pigs. We are the only Registry that requires pictures of the pigs and their litters at the time of registration. Each pig registered with us is traceable to one or more documented potbellied pig import groups. Pigs with questionable pedigrees or exhibiting genetic defects are not granted registration papers. We recommend all potbellied pigs are registered for the purposes of permanent record and as definitive proof of pedigree. For more information concerning the potbellied pig, please feel free to contact The Potbellied Pig Registry Service, Inc., at P.O. Box 680, Pleasant Grove, CA 95668, or [916] 655-1744. They have a wide variety of information on file to help answer any questions you may have, as well as an extensive list of specialists from whom you can learn more. Thank you for your time and consideration. Sincerely, Susan Thompson September 20, 1995 Hon. David Bowers Roanoke City Council 215 Church Avenue, SW, Room 452 Roanoke, Virginia 24011 RECEIVED SEP 2 2 1995 MAYOR'S OFFICE Dear Mayor Bowers: As residents of the city of Roanoke, we would like to alert you to our concern for the well-being of our city and neighborhood. We are faced with a problem today in Wasena that each of you could find in your neighborhood tomorrow. In the beginning of August, a family moved into the Wasena neighborhood and brought with them two large Vietnamese Pot-Bellied pigs. As you are aware, Roanoke Code Section 6-7. (Limitation o.n keeping cattle, sheep, goats and swine.) specifically prohibits the keeping of swine within the city. The pigs were kept primarily in the front yard of the residence, the tenants having constructed a make-shift pen. Within a couple of days, the odor from pig droppings began spreading throughout the area. This is a transitional neighborhood with many long-term residents and many young professionals who are dedicated to preserving the older homes of the city. We are one of the safest sections of the city and the residents, their children and pets enjoy spending time outside in recreational activities. Over the course of two weeks following the pigs' arrival, the odor was pervasive and seriously affected the neighbors' enjoyment of their own property. During this time, on more than one occasion, the pigs were loose and roaming on neighbors' properties with Animal Control having to be notified. The undersigned residents of the neighborhood attempted to resolve the problem with the owner/landlord of the property, but he was uncooperative and refused to attempt a resolution. On August 25, the pigs' owner was charged with violating the ordinance noted above, and several neighbors were subpoenaed as witnesses. The case came before Judge Julian Raney in General District Court on Monday, September 11, and the pigs' owner pleaded guilty to the violation. She was given 14 days to remove the pigs from the property. She was also informed that she was welcome to pursue the change of the ordinance through Roanoke City Council. As of today, she and her husband are circulating a petition to present to City Council. On September 18, a pig was loose and roaming the neighborhood. At least four calls were made to 911 per previous instructions to the neighbors by Officer Quesenberry of Animal Control. Neighbors corralled the pig until Animal Control could pick it up and return it to the owner's property. Hon. David Bowers September 20, ! 995 Page 2 The events of the past several weeks underscore the value of this ordinance. To change or liberalize this ordinance to allow individuals to keep this variety of animal within the city will cause a devaluation of our properties and make the city an undesirable place to reside. If the City Council agenda ever includes a proposal to either repeal or change this ordinance, the undersigned ask to be notified and given the opportunity to address City Council. On behalf of all residents of the City of Roanoke, we urge City Council to maintain the current living conditions afforded the residents of the city by the current ordinance and to resist any attempt to liberalize the prohibition against keeping cattle or swine in the city. Respectfully, Statement of Thomas Blue to Roanoke City Council on September 25, 1995. Mayor Bowers, Members of City Council: My name is Thomas Blue. I am a resident of the City of Roanoke. The ordinance in question was enacted to prevent the occurrence of nuisances within the city. Those enacting the ordinance were wise enough to realize that it is inappropriate for cattle and pigs to be kept in the city, where neighbors are in close proximity to each other. Whether pigs are livestock or pets, they are still pigs - and their biological processes are the same. Pigs, whether they are kept as livestock or pets, defecate and urinate outside. In a farm setting, this presents little problem since the typical farm can be arranged to keep the pig pen away from neighbors or living areas on the farm. In the city, this choice does not exist. On a standard city lot, the pigs have to leave their droppings close to neighboring properties. It is generally accepted and has been observed that pig manure smells. When these droppings are concentrated in a small area like a city lot, it is impossible to keep this smell from invading the neighboring properties. The fact that this has happened over the past two months in Wasena only serves to prove these statements and show the appropriateness of the ordinance. To amend the ordinance as proposed would only allow the nuisance, and the offense to the neighbors, to continue. The Thompsons have stated that they are very familiar with the keeping of Vietnamese Pot Bellied pigs and have exhibited them at schools and nursing homes. As admirable as this practice may be for educational purposes, the fact is that the pigs don't defecate and urinate in the schools and nursing homes. They do it on the Thompson's property and close to their neighbors' properties. This has been observed and documented by Roanoke City Animal Control. The Thompsons have stated that they have a lot of experience in the keeping of pigs. If the City was to amend the ordinance to allow the keeping of these animals, anyone would be entitled to keep pigs in Roanoke. If the Thompsons, who are expert pig keepers, can't maintain the animals without offense to their neighbors, how can the City expect a novice pig owner to do better7 The ordinance as written properly recognizes that the keeping of cattle and pigs within the city is a nuisance and offensive to neighbors; and I ask the City Council to dismiss any request to amend this ordinance. Old Southwest, Inc. 641 Walnut Ave., S.W. Roanoke, VA 24016 SeDtember 13, 1995 City Council City of Roanoke 215 Church Avenue SW Roanoke, Virginia Attention: SteDhanie Moon Dear Ms. Moon, This is to acknowledge our Dlace on the agenda of the City Council meeting to be held SeDtember 25, 1995, at 3 PM as secured by Jan Wilkins, Vice-President of Old Southwest, Inc. Dick Willis, President of Old Southwest, Inc., will be presenting an 8-10 minute video which was produced to highlight our neighborhood. We will need a VHS Dlayer and monitor to make this Dresentation. Thanks in advance. Sincerely, Paula L. Prince, Secretary Old Southwest, Inc. 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 September 28, 1995 File #20-27-237-252 Dr. Lisa Farthing Cravens Creek-Spring Valley Lake Neighborhood 4023 Lake Drive, S. W. Roanoke, Virginia 24018 Dear Dr. Farthing: At a regular meeting of the Council of the City of Roanoke held on Monday, September 25, 1995, you presented additional information with regard to drainage, erosion, traffic and flooding concerns in connection with the proposed Cravens Creek Stable Subdivision. On motion, duly seconded and adopted, the additional information was received and filed. Sincerely, Mary F. Pai'ker, CMGIAAE City Clerk MFP:sm pc: W. Robert Herbert, City Manager William F. Clark, Director, Public Works 4023 Lake Drive Roanoke, VA 24018 Sepl~,,t~r 18, 1995 The Honorable IVayor and Members of Council 215 Church Avenue Room 456 Roanoke, VA 240 11 Honorable Mayor and Members of Counci 1: ! respectfully r~quest time on the agenda of the City Council Meeting on September 25, 1995 at 3:00 in the afternoon. At Unat time, I will present more signatures end additional input from the concerned citizens of Cravens Cr~.~_~ Road ares. We remain convinced that en eleven house subdivision on Cravens Creek will jeopardize 1 ife end property in cur ares. This conviction has motivated us to engage in further fact finding missions. Consultations with engineers, research of t~e literature end recent publications, end a review of the Roanoke City Code has revealed interesting fact~ about I~t Menagement Practica~ relating to urban hydrology. As we repc~-tad, the hazard potential to life end property is significantly incr~-~ed by high density development locatad 1) downstream of two earthen dams, end 2) on a stream which is already pro~e to dangerous flooding. The high water lines we witnee~ frequently mu~t be taken into consideration in drainage calculations. Parh~p~ the system (current practi~) are cresting the result we're ~eeiog. To chenge the result, we need to change the system (current practic~). This would mean eacrificing traditional preference8. The question is what can be done4wl~chln the limitations of our pre~qt system to protect The Roanoke River Baein ...and our neighborhood! Help! Stop! Not one more drop! Sincerely, Dr. Lisa Farthing Cravens Cr~-.J~-Spring Valley Lake Neighborhood HELP! STOP! NOT ONE HORE DROP PROGqESS REPORT - CRAVENS CREEK OCt4CERNS -_ OPPOSITION TO SUBDIVISION At City Counci'] Meeting, 9/11/95, the presence of approximately 30 people from our neighborhood focused O~uncil's attention on the pre~tation of our concerns. Ten people seized the opportunity to speak before Council- Jo Wilson, Lisa Farthing, Angie Hallenback, Fred Anderson, David Wright, Joe Wyatt, Jim Cunningham, Jim Cunningham's father, Alton Eakin, and Jonathan Rogers. Thank you! The Mayor and each Council Me~ was given a folder containing our 120 signatures, letters, ~kos, and pertinent information. Our concerns were visually presented on four 4' x 6' panels containing the following: PANEL ! MAP CF CRAVENS CREEK AREA showing -high water marks on properties -locations and pictures of flooding -locations of reported drainage problee~ -new developments PANEL 2_ FEDERAL EMER~NCY FLOOD IcckP showing 1. Limit of Study - does not show 2 lakes above subdivision 2. Floodplain, floodway bOUndaries - more narrow than our actual high water lines shown on other ~ PANEL 3_- __ TOP - PROPOSED SUBDIVISION. PLANS showing 1. Central road (little or no drainage control) 2. Eleven houses (3-6 houses within our hi water lines) 3. Eleven infiltration ditches (report~ly unsuitable for area) 4. 100 Year Floodplain Boundary PHOTOGRAPHS OF NEW DEVELOPMENTS -reported dr. problems 1. Lakecrest : 5. Renfield 2. Belleaire ', 6. Westohester 3. Loblol ly 4. Deyerte / Lake / Cravens Creek / __/ PANEL 4 - TOP -OUR PROPOSALS TO COUNCIL 1. Deny Approval 2. Limit number of houses 3. Retention Pond or Stricter Drainage F~'~asures 4. Delay - Call for flood and traffic studies - BO1-FOM -FACTS ABOUT INFILTRATION DITCHES proposed for drainaqe 1. Relatively new - used when space is limited ?? ?? 2. PcxDr record - 90% fail 3, Unsuitable for use in areas -near cr~ks -with clay sci 1 -near wells or foundations -with ground water -with seasonal ground water -llqe motion was made and seconded that Council refer the matter to City Manager, Bob Herbert. -We made the Neighbor's Section of the News!-We presented our concerns and panels at Greater Deyerle Ass. Meeting & received more signatures. -We left our Display Panels at the Planning Office for officials to see. CONTROLLING URBAN RUNOFF: A Practical Manual {or Planning and Designing Urban BMPs by Thomas R. Schueler Department o{ Environmental Programs Metropolitan Washington Council o{ Governments prepared Washington Metropolitan Water Resources Planning Board Copyright July, 1987 VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY The Charles E. Via, Jr. Department of Civil Engineering Blacksburg, VA 24061-0105 Office: (703) 231-8309 Home: (703) 951-4504 Fax: (703) 231-7532 (Area code changes to 540 after 7-15-95) Infiltration Basins 6.11 _gnificantly reduce available storage and exfiltration capacity between storms. This particular problem can be circumvented by using either the side-by-side or off-line design variations. In most cases, the existenc~ of baseflow at a potential basin location is a good tip-off that the site may not be suitable for infiltration~ A wet pond or extended detention pond may prove to be a better alternative on these sites. Sediment Forebays The longevity of an infiltration basin can be enhanced if sediment for~e~s are constructed near the inlets to trap incoming sediment loads. Forebays are also an important design element because 'they help to reduce incoming water velocity, and distribute it more evenly across the basin floor. PHYSICAL SUITABILITY AT THE SITE LEVEL Development sites should be carefully evaluated to be certain that they are actually capable of disposing runoff via exfiltration. The following factors should be examined early in the .site-planning stage to adequately screen the feasibility of the site. More detailed guidance on feasibility tests for basins can be found in Md WRA (1984). Soils Basin are not a feasible option on sites with g soils'\(infiltration rates of less than 0.27 inches_per_hour), or any ~6~i with a cl~a~y~c~nten~t greater than ~3~ (as determined from t~e SCS soil textural triangle). Silt loams and sandy clay loams ("C" soils) prov_i~de marginal infiltration rates, and should probably not be considered f6~ basin applications '~in '-most circumstances (Table 6.2). Soils with a combined s~l~t/clay percentage of over 40~__by weight are susceptible to frost-heave, and are not good candidates for infiltration basin applications. Also, basin are unsuitable if the site is located over fill soils that form an unstable subgrade, and are prone to slope failure. If the soils at a site pass these preliminary tests, an additional series o~ soil cores or trenches should be gathered to a dept~ at least fi~ fp3t below the elevation of the basin floor. Because soil conditions vary substantially over short distances, up to 6 cores per trench may be needed at each site to adequately characterize future infiltration capacity. These should be examined for evidence of any impermeable soil strata that might impede infiltration, such as localized clay lenses, hardpans, or fragipans. The presence of such layers do not necessarily preclude a bas£n, as long as it penetrates them completely. Slope Infiltration basins are not feasible if the slope of the contributing watershed is greater than 20%. Within the basin itself, a slope of les~ than 5% is preferable. Depth to Bedrock At least four feet of clearance will be needed between the flqpr of the basin and the bedrock' level. This data can be obtained from local soil maps and should always be confirmed with soil test borings. Chapter 6: Infiltratio~ Basins apth to Seasonally High Water Table A minimum of two to four feet of clearance is needed between the floor of the basin and the seasonally high water table. This depth can be readily determined from soil borings taken during we~ weather. High water tables often present a majo? obstacle to the use of infiltration basins, since basins are usually located in d~pressions at the low end of a watershed where local water tables are located near the the ground surface. Proximity to Wells and Foundations Basins should be located at least 100 feet away from drinking wate~ wells to minimize the possibility of groundwater contamination, and should be situated at least 10 feet down-gradient and 1QP~ep~_ up-gradient from building foundations to avoid potential seepage problems. Maximum Depth of Reservoir To insure that the basin completely drains within 72 hours, it may be necessary to limit the depth of the basin if underlying soils have relatively low exfiltration rates. Recommended depth limits for basins are shown for various soil textures in Table 6.2. Watershed Size Md WRA (1983b) suggests that basins can be applied to sites ranging from 5 to 50 acres in size. Other BMPs, such as extended detention ponds and wet ponds, are better candidates on larger sites as they are more capable of handling sustained baseflow. Table 6.2: Soil Limitations For Infiltration Basins MINIMUM INFIL- SCS SOILz MAXIMUM DEPTH OF2 SOIL TRATION RATE GROUP STORAGE (inches) TYPE (lc--inches/hr) 48 hrs 72 hrs Sand 8.27 A 397 595 Loamy Sand 2.41 A 116 174 Sandy Loam 1.02 B 49 73 Loam 0.52 B 25 37 Silt Loam 0.27 C 13 19 Sandy Clay Loams, Clay Loams, Silty Clay Loams, Sandy Clay, Silty Clay,and Clay Soils are not included as these soil types are all NOT FEASIBLE for infiltration basins. 2 Maximum Depth in the Basin that can drain completely within 48 or 72 hours after a storm, given the soil infiltration rate. 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) 981-254l SANDRA H. EAKIN Deputy City Clerk September 28, 1995 File #53-178 Alton L. Knighton, Jr., Attorney Woods, Rogers & Hazlegrove, P.L.C. First Union Tower 10 South Jefferson Street, Suite 1400 Roanoke, Virginia 24038-4125 Dear Mr. Knighton: I am enclosing copy of Resolution No. 32659-092595 approving issuance of bonds by the City of Roanoke Redevelopment and Housing Authority for the benefit of Westwind II Associates to the extent required by Section 147(0 of the Internal Revenue Code of 1986, as amended. Resolution No. 32659-092595 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 25, 1995. Sincerely, Mary F. Parker, CMClAAE City Clerk MFP:sm Enc. Willis M. Anderson, Chairperson, City of Roanoke Redevelopment and Housing Authority, 2601 Cornwallis Avenue, S. E., Roanoke, Virginia 24014 Neva J. Smith, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 25th Day of September, 1995 No. 32659-092595. A RESOLUTION approving the issuance of bonds by the City of Roanoke Redevelopment and Housing Authority for the benefit of Westwind II Associates to the extent required by Section 147(f) of the Internal Revenue Code of 1986, as amended. WHEREAS, the City of Roanoke Redevelopment and Housing Authority (the "Authority"), has considered the application of Westwind II Associates Limited Partnership (the "Applicant"), for the issuance of the Authority's revenue bonds in an amount now estimated at $5,660,000 (the "Bonds") to refund the Authority's $5,660,000 Floating Rate Demand Multi-Family Housing Revenue Bonds (Westwind II Apartments Project), Series 1985, which were issued to finance the Applicant's acquisition and construction of a multi-family residential rental development known as Westwind II located at Coveland Drive, N.W. nears its intersection with Ordway Drive and Glenroy Street, Roanoke, Virginia (the "Project"), and has held a public hearing thereon on September 11, 1995; and WHEREAS, the Authority has requested the City Council (the "Council") of the City of Roanoke, Virginia (the "City"), to approve the issuance of the Bonds to comply with Section 147(f) of the Internal Revenue Code of 1986, as amended; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, a record of the public hearing and a "fiscal impact statement,, with respect to the Project have been filed with the Council; THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. The City Council approves the issuance of the Bonds by the Authority for the benefit of the Applicant to the extent required by Section 147(f). 2. The approval of the issuance of the Bonds, as required by Section 147(f), does not constitute an endorsement of the Bonds or the creditworthiness of Applicant, and the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City nor the Authority shall be pledged thereto. 3. adoption. WITNESS my hand this This resolution shall take effect immediately upon its day of September, 1995. ATTEST: City Clerk N;\...\ 1 $~%2.~ %01144~,]~ 1.022 - 2 - HII(SCIILER, FLEISCHER, WEINBERG, Cox & ALLEN A PROFESSIONAL CORPORATION ATTORNEYS AT LAW RE~LY TO: Richmond (son) 77~-~s August 29, 1995 MAILING ADDRESS,, P, O. BOX 50O RICHMOND, VIRGINIA 23204-0500 FEDERAL RESERVE BANK BUILDING 701 EAST BYRD STREET RICHMOND, VIRGINIA 23219 TELEPHONE:(804) 771-9500 FACSIMILE:(804) 644-0957 11139 AIR PARK ROAD, SUITE 1 P.O. BOX 6248 ASHLAND, VIRGINIA 23005-6248 TELEPHONE:(804) 771-9570 FACSIMILE: (804) 798-6415 606 WILLIAM STREET FREDERICKSBURG, VIRGINIA 22401-5749 TELEPHONE:(540) 372-3515 FACSIMILE:(540) 372-3941 Ms. Mary F. Parker Clerk, City Council Room 456 215 Church Avenue, S.W. Roanoke, Virginia 24011 Re: $5,660,000 City of Roanoke Redevelopment and Housing Authority Westwind II Revenue Refunding Bonds - GNMA Mortgage Back Securities Financinq, Series 1995A Dear Ms. Parker: This is to confirm my telephone call to you of August 28, requesting that you arrange for the City Council to consider the referenced matter at its meeting to be held Monday, September 25, 1995. As you requested, I have enclosed herewith the Resolution of the City Council of the City of Roanoke, Virginia, for your review and signature. If you have any questions, please call me. Sincerely, Rebecca S. Heath Legal Assistant Enclosure cc: David F. Belkowitz, Esquire N:\...\185\23\Ol144\LTRPKl.119 WOODS, ROGERS HAZLEGROVEi P.L.C. Attorneys at Law First Union Tower 10 South Jefferson Street, Suite 1400 Roanoke, Virginia 24011 P.O. Box 14125 Roanoke, Virginia 24038-4125 September 18, 1995 Telephone 703-983-7600 Facsimile 703-983-7711 Writer's Direct Dial Telephone: 983-7632 Ms. Mary F. Parker Clerk of City Council Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 In re: City of Roanoke Redevelopment and Housing Authority; Westwind II Associates Financing Dear Mary: It is my understanding that Dave Belkowitz has previously sent you a resolution proposed to be adopted by City Council with respect to a financing by the Redevelopment and Housing Authority for the benefit of Westwind II Associates. Dave has requested that the resolution be adopted at the September 25, 1995 meeting of Council. Dave has asked that I furnish you with the other items which the Authority is to furnish to Council prior to its action. Accordingly, I am enclosing a report of the public hearing held by the Authority, a fiscal impact statement and a copy of the resolution adopted by the Authority with respect to the financing. I will plan to be at the meeting on September 25 to answer any questions which Council might have. Many thanks for your assistance. Please let me know if you should have any questions. Sincerely, WOODS, ROGERS & HAZLEGROVE, P.L.C. Alton L. Knighton, Ir. ALKJr/jp Enclosure cc: Mr. David F. Belkowitz (w/enc.) M#274495 REPORT OF PUBLIC HEARING A public hearing was conducted by the City of Roanoke Redevelopment and Housing Authority (the "Authority") at 12:30 p.m. on September 11, 1995 on the application of Westwind II Associates Limited Partnership (the "Applicant"), requesting the Authority to issue up to $5,660,000 of its revenue bonds (the "Bonds") to refund $5,660,000 of revenue bonds previously issued by the Authority to assist the Applicant in the acquisition and construction of a multi-family residential rental development known as Westwind II (the "Project"). Notice of such hearing was published as required by law. The project is located on Coveland Drive, N.W., near its intersection with Ordway Drive and Glenroy Street, in the City of Roanoke, Virginia. The public hearing was held at the Authority's office, 2624 Salem Turnpike, N.W., Roanoke, Virginia. At the meeting those persons interested in the issuance of the Bonds or the location and nature of the Project were given the opportunity to present their views. The public comments, if any, received at the meeting are summarized in Exhibit A attached hereto. After such hearing, the Authority voted to recommend the approval of the Bonds to the City Council of the City of Roanoke, Virginia (the "Council"). Dated September 11, 1995. CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY M#294492 Exhibit A to Report of Public Hearing The following public comments were received: None M#294492 FISCAL I~PACT STAT£~ENT Westwind II Associates Appllcan= Westwind II Facility 4. 5. 6. 7. 8. Maximum amount of financing sought real estate tax assessed. Zstimate~/~ value of =Re ~c~ll=y municipality $ 5_ 660.000 $ 4f414r000 54,292 Es=imated personal property tax per year using present tax re=es $ N/A Estimate~ merchants' capital tax per year using present tax rates Zs=ima=ed ~ollar value per year of goo~s an~ services e-ha= will be purchase~ locally $ $ 325f000 w-stima=e~ num~e= of regul&r employees on year roun~ basis Average annual salary per employee Au=~oriey/Chairman $ 8 $ 19~500 CITY OF ROANOKE REDEUELOPMEHT AND HOUSING AUTItORITY Name o~ Authority DATE APPROVED ITEM NO. RESOLUTION NO. RESOLUTION OF THE CITY OF ROANOKE REDEVELOPMENT AND HOUSING AD~HORITY RECOMMENDING APPROVAL OF ISSUANCE OF BONDS FOR wESTWIND II ASSOCIATES WHEREAS, the City of Roanoke Redevelopment and Housing Authority (the "Authority,,) has been created pursuant to the. Housing Authorities Law, Chapter 1, Title 36, Code of Virginia of 1950, am amended (the 'iActi,), and is now existing and operating as a political subdivision of the Commonwealth of Virginia; and WHEREAS, the Authority issued its $5,860,000 Floating Rate Demand Multi-Family Housing Revenue Bonds (Weetwind II Apartments Project), Series 1985 (the "Prior Bonds") on April 4, 1985, for the purpose of financing the acquisition and construction of a multi-family residential rental development known as the Westwind Phase II, in the City of Roanoke, Virginia (the "Project"), for occupancy by persons of low and moderate income; and WHEREAS, the Authority has received a request from Westwind II Associates, a Virginia limited partnership (the "Owner,'), to issue its Westwind II Revenue Refunding Bonds - GNMA Mortgage Backed Security Financing, Series 1995A (the "Series 1995A Bonds") in an amount not to exceed $5,660,000 to refund the Prior Bonds; and WHEREAS, the Series 1995A Bonds will have a weighted average maturity which is longer than the remaining weighted average maturity of the Bonds; and WHEREAS, in order to have the issuance of the Series 1995A Bonds qualify for the transition rule provided under Section 1313(a) of the Tax Reform Act of 1986 the Authority must conduct a public hearing in accordance with Federal and state law~ and WHEREAS, after careful consideration and in furtherance of the public purpose for which it was created, the Authority proposes to issue the Series 1995A Bonds and to undertake all transactions necessary therefor. BE IT RESOLVED BY T~E CITY OF ROANOKE P~DEVELOPM~"~T ~D HOUSING AUTHORITY: 1. For the purpose of refunding the Prior Bonds, the issuance of the Series 1995A Bonds is hereby authorized upon terms and conditions to be mutually agreed upon between the Authority and the Owner. 2. The Owner having requested the appointment of Hirschler, Fleischer, Weinberg, Cox & Allen a Professional Corporation, Richmond, Virginia, as bond counsel in connection with the issuance of the Series 1995A Bonds, the Authority hereby approves Hirschler, Fleischer, Weinberg, Cox & Allen a Professional Corporation as bond counsel to supervise the proceedings and approve the extension of the maturity of the Bonds. 3. Ail costs and expenses in connection with the issuance of the Series 1995A Bonds, including the fees and expenses of bond counsel, counsel for the Authority and the agent or underwriter for the sale of the Series 199§A Bonds shall be paid - 2 - by the Owner. If for any reason the Series 1995A Bonds are not issued, it is understood that all such expenses shall be paid by the Owner and that the Authority shall have no responsibility therefor. 4. The Authority hereby recommends that the City Council of the City of Roanoke approve the issuance of the Series 1995A Bonds. 5. adoption. This resolution shall take effect Immediately upon its DATE OF ADOPTION: September , 1995 CITY OF ROANOKE REDEVELOPMENTAND HOUSING AUTHORITY By= Chairman ~:\...\ m~2~\01144\R~Sm^ 1.022 - 3 - 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 September 28, 1995 File #236-270-467-472 The Reverend C. Nelson Harris, Chairperson Roanoke City School Board 2813 Edgewood Street, S. W. Roanoke, Virginia 24015 Dear Reverend Harris: I am enclosing copy of Ordinance No. 32660-092595 amending and reordaining certain sections of the 1995-96 School Fund Appropriations, to provide for appropriation of $890,734.00 from the 1995-96 Capital Maintenance and Equipment Replacement Fund, to be used for the purchase of computers and other equipment, addition of classroom space, and alteration and improvement of school facilities; appropriating $75,000.00 for the Roanoke Valley Preschool Initiative for 1995-96; and appropriating funds to certain school grants. Ordinance No. 32660-092595 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 25, 1995. Sincerely, '~' ~)~ Mary F. Parker, CMCIAAE City Clerk MFP:sm Eno. The Reverend C. Nelson Harris September 28, 1995 Page 2 pc: Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public Schools June S. Nolley, Clerk of the Roanoke City School Board IN THE COUNCIL OF THE CITY OF ROANOKE, The 25th day of September, 1995. No. 32660-092595. VIRGINIA AN ORDINANCE to amend and reordain certain sections of the 1995-96 School 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 School Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Education Magnet School 1995-96 (1-32) ..................... Preschool Incentive 1995-96 (33-46) .............. Special Education InterpreterTraining 1995-96 (47-48) ............................... Opportunity Knocks (GED) 1995-96 (49-50)......... Facilities (51-61) ...................... ......... Instruction (62) ................................. Reven~e. Education Magnet School 19~5-96 (63).. Special Education Interpreter Training 1995-96 (65) ......... opportunity Knocks Fund B&lanoe Capital Maintenance and Equipment Replacement Program - School Unappropriated (67) .......... $115,376,639 869,595 104,346 7,514 4,264 1,862,990 57,871,559 $112,259,617 869,595 104,346 7,514 4,264 54,006 1) Teachers 2) Coordinator 3) Inservice 4) Social Security (030-060-6309-6011-0121) $ 55,125 (030-060-6309-6011-0124) 11,750 (030-060-6309-6011-0129) 30,729 (030-060-6309-6011-0201) 8,366 5) State Retirement 6) Health Insurance 7) Group Life Insurance 8) Travel 9) Contracted Services 10) Supplies 11) Equipment 12) Teachers 13) Coordinator 14) Inservice 15) Social Security 16) State Retirement 17) Health Insurance 18) Group Life Insurance 19) Travel 20) Supplies 21) Equipment 22) Director (030-060-6309-6011-0202) $ 8,986 (030-060-6309-6011-0204) 7,864 (030-060-6309-6011-0205) 715 (030-060-6309-6011-0554) 12,095 (030-060-6309-6011-0332) 6,995 (030-060-6309-6011-0614) 125,000 (030-060-6309-6011-0822) 56,959 (030-060-6309-6012-0121) 55,125 (030-060-6309-6012-0124) 11,750 (030-060-6309-6012-0129) 14,714 (030-060-6309-6012-0201) 7,141 (030-060-6309-6012-0202) 8,986 (030-060-6309-6012-0204) 7,872 (030-060-6309-6012-0205) 715 (030-060-6309-6012-0554) 3,853 (030-060-6309-6012-0614) 125,000 (030-060-6309-6012-0822) 118,495 (030-060-6309-6307-0114) 25,000 23) Administrative Coordinator (030-060-6309-6307-0124) 24) Management Specialist Recruiter/ Planner 25) Clerical 26) Social Security 27) State Retirement 28) Health Insurance 29) Group Life Insurance (030-060-6309-6307-0205) Indirect Costs(030-060-6309-6307-0212) 30) 31) Advertising 32) Travel 33) Substitute Teachers 34) Coordinator 35) Diagnostic Services (030-060-6309-6307-0138) (030-060-6309-6307-0151) (030-060-6309-6307-0201) (030-060-6309-6307-0202) (030-060-6309-6307-0204) (030-060-6309-6307-0361) (030-060-6309-6307-0554) (030-060-6531-6553-0021) (030-060-6531-6553-0124) (030-060-6531-6553-0129) 36) Teachers Aides(030-060-6531-6553-0141) 37) Social Security (030-060-6531-6553-0201) 38) State Retirement (030-060-6531-6553-0202) 39) Health Insurance (030-060-6531-6553-0204) 8,065 40,000 17,500 6,775 10,123 7,347 806 13,744 57,000 5,000 360 6,045 18,470 15,242 3,386 2,382 4,700 40) Group Life Insurance 41) Purchased Services 42) Tuition 43) Field Trips 44) Other Costs 45) Supplies 46) Equipment 47) Staff Development 48) FICA 49) Instructors 5O) FICA 51) Instructional and Adminis- trative Technology 52) Patrick Henry (030-060-6531-6553-0205) $ 374 (030-060-6531-6553-0311) 6,000 (030-060-6531-6553-0382) 18,000 (030-060-6531-6553-0583) 1,050 (030-060-6531-6553-0586) 6,600 (030-060-6531-6553-0614) 11,077 (030-060-6531-6553-0821) 10,660 (030-060-6532-6174-0129) 6,980 (030-060-6532-6174-0201) 534 (030-060-6783-6334-0129) 3,961 (030-060-6783-6334-0201) 303 (030-060-6006-6302-0826) Language Lab (030-060-6006-6304-0826) 53) Transportation Scheduling Equipment 54) Facility Maintenance Equipment 55) Elementary Classroom Additions 56) Middle School Classroom Additions 57) School Alterations 58) Improvements to Patrick Henry High School (030-060-6006-6681-0851) Elementary Magnet School Alterations (030-060-6006-6681-0851) 59) 60) Maternal Infant Education Center Alterations 61) Operational Services Equipment 62) Preschool Classroom Teachers 63) Federal Grant Receipts 64) Federal Grant Receipts 65) Federal Grant Receipts 58,884 60,000 (030-060-6006-6676-0821) 27,750 (030-060-6006-6681-0821) 63,945 (030-060-6006-6681-0829) 86,646 (030-060-6006-6681-0829) 54,200 (030-060-6006-6681-0851) 2,112 (030-060-6006-6681-0851) (030-060-6006-6683-0821) (030-060-6001-6453-0121) (030-060-6309-1102) (030-060-653~-1102) (030-060-6532-1102) 89,350 46,801 389,405 11,641 75,000 869,595 104,346 7,514 66) Fees 67) CMERP - School (030-060-6783-1103) (030-3324) 4,264 ( 965,734) Ordinance BE IT FURTHER ORDAINED that, an emergency existing, this shall be in effect from its passage. ATTEST: City Clerk. September 25, 1995 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance School Board Request for the Appropriation of School Funds and CMERP Funds We have reviewed the attached request to appropriate funding for the School Board. This report will appropriate funding for four grants in the School Fund. These grants are funded with federal funds and fees. This report also appropriates $965,734 from the School portion of the Capital Maintenance and Equipment Replacement Program. The CMERP funds will be used for the purchase of instructional and administrative computers, the purchase of language laboratory equipment at Patrick Henry High School, the purchase of transportation scheduling equipment, facility maintenance equipment and operational services equipment, the addition of classroom space, the alteration and improvement of school facilities, and the Preschool Initiative Program. This is the second appropriation of the School Boards FY95 CMERP funding of 92,394,036. This will leave an unappropriated balance of $1,378,302. We recommend that you concur with this request of the School Board. /// Director of Finance JDG/ICF/bls Attachments c: Ila Farris, Senior Accountant C. Nelson Hams, Chairman Marilyn L. Curtis, Vice Chairman Charles W. Day Marsha W. Ellison Melinda J. Payne Dr. Finn D. Pincus John H. Saunders Dr. E. Wayne Hams, Superintendent Roanoke City School Board June S. Nolley, Clerk of the Board P. O .Box 13145, Roanoke, Virginia 24031 · 540-981-2381 · Fax: 540-g81-2951 September 13, 1995 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 2401 I Dear Members of Council: As the result of official School Board action at its September 12 meetinD the Board respectfully requests City Council to appropriate $ 890,734.00 from the 1995-96 Capital Maintenance and Equipment Replacement Fund. The proceeds will be used for the purchase of instructional and administrative computers, the purchase of language laboratory equipment at Patrick Henry High School, the purchase of transportation scheduling equipmenlL facility maintenance equipment and operational services equipment, the addition of classroom space, and the alteration and improvement of school facilities. An appropriation of $75,000.00 for the Roanoke Valley Preschool Initiative for 1995-96 is requested and reflects the City of Roanoke's portion of local match for the program. The Board further requests the appropriation of funds to the following school grants: Grant No. 6309 - $869,595.00 for the 1995-96 Magnet School program to provide for the operation of the Magnet School Programs at Huff Lane MicroVillage and at Lincoln Terrace Saturn Network. The program is one hundred percent reimbursed by federal funds and is a continuing program. Grant No. 6531 - $104,346.00 for the 1995-96 Preschool Incentive Program to provide orientation and evaluation for handicapped students who will be entering the public school system for the first time during the fall. The program is one hundred percent reimbursed by federal funds and is a continuing program. Grant No. 6532 - $7,514.00 for the 1995-96 Special Education Interpreter Training Program to provide funds for the development of training curriculum for the hearing impaired program. The program is one hundred percent reimbursed by federal funds and is a continuing program. Grant No. 6783 - $4,264.00 for the 1995-96 Opportunity Knocks (GED) Program to provide instruction for the General Educational Development Examination for young adults. Funding for the program will be provided by fees charged to participants. This is a new program under this format. Excellence in Education Members of Council Page 2 September 13, 1995 The Board appreciates the approval of this request. Sincerely, Clerk of the Board re cc: Rev. C. Nelson Harris Dr. F_ Wayne Harris Mr. Richard L Kelley Mr, William L Murray Mr. Kenneth F, Mundy Mr. W. Robert Herbert Mr. Wilburn C. Dibling lr. James D. Grisso rs. Ila Farris (with accounting details) ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Capital Maintenance and Equipment Replacement Funds Request I 030-060-6006-6302-0826 030-060-6006-6304-0826 030-060-6006-6676-0821 030-060-6006-6681-0821 030-060-6006-6681-0829 030-060-6006-6681-0829 030-060-6006-6081-0851 030-060-6006-6681-0851 030-080-6006-6681-0851 030-060-6006-6681-0851 030-060-6006-6683-0821 Appropriation Unit ZD1 Instructional & Administrative Technology Patdck Henry Language Lab Transportation Scheduling Equipment Facility Maintenance Equipment Elementary Classroom Additions Middle School Classroom Additions School Alterations Improvements to Patrick Henry High Sch. Elementary Magnet School Alterations Maternal Infant Education Ctr. Alterations Operational Services Equipment $ 58,884.00 6.6% 60,000.OO 6.8% 27,750.00 3.1% 63,945.00 7.2% 86,646.0O 9.7% 54,200.00 6.1% 2,112.00 0.2% 89,350.00 10.0% 46,801.00 5.3% 389,405.00 43.7% 11,641.00 1.3% $ 890,734.OO 100.0% The above appropdetion represents the flint request for proceeds from the 1995-96 Capital Maintenance and Equipment Replacement Fund. The proceeds will be used for the purchase of instructional and administrative computem, the purchase of language laboratory equipment at Patdck Henry High School, the purchase of transportation scheduling equipment, facility maintenance equipment and operational services equipment, the addition of classroom space, and the alteration and improvement of school facilities. The estimated total of the Capital Maintenance and Equipment Replacement Fund for 1995-96 is $2,394,036. The unappropriated balance of the fund after the above appropriation is $1,503,302. September 12, 1995 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Preschool Initiative FYt995-96 030-060-6001-6453-0121 Appropriation Unit ZA1 Preschool Classroom Teachers $ 75,000.00 100.0% 030-060-6000-1037 Transfer from General Fund $ 75,000.00 100.0% The above appropriation request reflects the City of Roanoke's portion of local match for the Roanoke Valley Preschool Initiative for FY1995-96. The state funding of $90,508 plus one-half of the local funding ($75,000) is currently reflected in the School Fund. The local funding from the City of Roanoke has been received. September 12, 1995 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Magnet School 95-96 6309 030-060-6309-6011-0121 030-060-6309-6011-0124 030-060-6309-6011-0129 030-060-6309-6011-0201 030-060-6309-6011-0202 030-060-6309-6011-0204 030-060-6309-6011-0205 030-060-6309-6011-0554 030-060-6309-6011-0332 030-060-8309-6011-0614 030-060-6309-6011-0822 030-060-6309-6012-0121 030-080-6309-6012-0124 030-060-6309-6012-0129 030-060-6309-6012-0201 030-060.6309-6012-0202 030-060-6309-6012-0204 030-0606309-6012-0205 030-060--6309-6012-0554 030-060-6309-6012-0614 030-060-6309-6012-0822 030-060-6309-6307-0114 030~060-6309-6307-0124 030-060-6309-6307-0138 030-060-6309-6307-0151 030-060-6309-6307-0201 030-060-6309-6307-0202 030-060-6309-6307-0204 030-060-6309-6307-0205 030-060-6309-8307-0212 Lincoln Ten'ace Saturn Network Teachers Coordinator Inservice Social Sec. State Ret. Health Insurance Group Life insurance Travel Contracted Svcs Supplies Equipment Huff Lane MicroVillage Teachers Coordinator Inservice Social Secudty State Retirement Health Insurance Group Life Insurance Travel Supplies Equipment Program Management Director Administrative Coordinator Management Spec/RecnJlter/Planner Clerical Social Security State Retirement Health Insurance Group Life Insurance Indirect Costs 55,125.00 11,750.00 30,729.00 8,366.00 8,986.00 7,864.00 715.00 12,095.00 6,995.00 125,000.00 56,959.00 55,125.00 11,750.00 14,714.00 7,141.00 8,986.00 7,872.00 715.00 3,853.00 125,000.00 118,495.00 25,000.00 8,065.00 40,000.00 17,500.00 6,775.00 10,123.00 7,347.00 806.00 13,744.00 6.3% 1.4% 3.5% 1.0% 1.0% 0.9% 0.1% 1.4%. 0.8% 14.4% 6.6% 6.3% 1.4% 1.7% 0.8% 1.0% 0.9% 0.1% 0.4% 14.4% 13.6% 2.9% 0.9% 4.5% 2.0% 0.8% 1.2% 0.8% 0.1% 1.6% September 12, 1995 Page 1 030-060-6309-6307-0361 Advertising 030-060-6309-6307-0554 Travel Appropriation Unit X31 030-060-6309-1102 Federal Grant Receipts 57,000.00 6.6% 5,000.00 0.6% $ 869,595.00 100.0% $ 869,595.00 100.0% The 1995-96 Magnet School program will provide for the operation of the Magnet School Programs at Huff Lane MicroVillage and at Lincoln Terrace Saturn Network. The program is one hundred percent reimbursed by federal funds and will end June 30, 1996. This is a continuing program. September 12, 1995 Page 2 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Preschoollncenflve 95-96 6531 030-060-6531-6553-0021 030-060-6531-6553-0124 030-060-6531-6553-0129 030-060-6531-6553-0141 030-060-6531-6553-0201 030-060-6531-6553-0202 030-060-6531-6553-0204 030-060-6531-6553-0205 030-060-6531-6553-0311 030-060-6531-6553-0382 030-060-6531-6553-0583 030-060-6531-6553-0586 030-060-6531-6553-0614 030-060-6531-6553-0821 Appropdation Unit XSU Substitute Teachers $ 360.00 6.3% Coordinator 6,045.00 1.4% Diagnostic Services 18,470.00 3.5% Teacher Aides 15,242.00 3.5% Social Sec. 3,386.00 1.0% State Ret. 2,382.00 1.0% Health Insurance 4,700.00 0.9% Group Life Insurance 374.00 0.1% Purchased Services 6,000.00 1.4% Tuition 18,000.00 0.8% Field Tdps 1,050.00 14.4% Other Costs 6,600.00 6.6% Supplies 11,077.00 6.3% Equipment 10,660.00 6.3% $ 104,346.00 100.0% 030-060-6531-1102 Federal Grant Receipts $ 104,346.00 100.0% The 1995-96 Prescl~ool Incentive Program will provide orientation and evaluation for handicapped students who will be entedng the pul~lic school system for the first time dudng the fall Instructional equipment pumhases will include classroom equipment and outdoor play structures. The program will be reimbursed one hundred percent by federal funds and will end September 30, 1996. This is a continuing program. September 12, 1995 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Special EducatiOn Interpreter Training 95-96 6532 030-060-6532-6174-0129 030-060-6532-6174-0201 Appropdation Unit XSV 030-060-6532-1102 Staff Development $ 6,980.00 92.9% FICA 534.00 7.1% $ 7,514.00 100.0% Federal Grant Receipts $ 7,514.00 100.0% The 1995-96 Special Education Interpreter Training program will provide funds for the development of training curriculum for the headng impaired program. The program wilt be reimbursed one hundred percent by federal funds and will end September 30, 1996. This is a continuing program. September 12, 1995 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Opportunity Knocks (GED) 95-96 6783 030-060-6783-6334-0129 Instructors 030-060-6783-6334-0201 FICA Appropriation Unit X75 $ 3,961.00 92.9% 303.00 7.1% $ 4,264.00 100~0% 030-060-6783-1103 Fees $ 4,264.00 100.0% The 1995-96 Opportunity Knocks (GED) program will provide instruction for the General Educational Development (GED) Examination for young adults. The program will operate under an Agreement of Understanding with the Fifth District Employment and Training Consortium (FDETC) to address GED preparation needs of FDETC participant youths. Funding for the program will be provided by fees charged to participants. The classes will end June 30, 1996. This is a new program under this format. September 12, 1995 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 September 28, 1995 File #133-184-236-502 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. 32663-092595 authorizing acceptance of Grant No. 96-B8554VW95 made to the City of Roanoke by the Commonwealth of Virginia Department of Criminal Justice Services for a Victim/VVitness Program, in the amount of $35,910.00, for Fiscal Year 1995-96 for a Victim/VVitness Program; and authorizing execution and filing by the City Manager of the conditions of the grant and other grant documen{s. Resolution No. 32663-092595 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 25, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THECOUNCILOF THE CITY OF ROANOKE, VIRGINIA The 25th ~ay of September, 1995. No. 32663-092595. A RESOLUTION authorizing the acceptance of Grant No. 96-B8554VW95 made to the City of Roanoke by the Commonwealth of Virginia Department of Criminal Justice Services for a Victim/Witness Program and authorizing the execution and filing by the City Manager of the conditions of the grant and other grant documents. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the offer made by the Commonwealth of. Virginia Department of Criminal Justice Services of Grant No. 96-B8554VW95 in the amount of $35,910.00 for Fiscal Year 95-96 for a Victim/Witness Program. 2. The local cash match for Fiscal Year 95-96 shall be in the amount of $25,671.00. 3. The City Manager or the Assistant City Manager is hereby authorized to accept, execute and file on behalf of the City any documents setting forth the conditions of Grant No. 96- B8554VW95. 4. The City Manager or the Assistant City Manager is further directed to furnish such additional information as may be required by the Department of Criminal Justice Services in connection with the City's acceptance of the foregoing grant or with such project. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 25th day of September, 1995. No. .32662-092595. Government of the exist. 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 City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1995-96 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Judicial Administration Victim Witness Assistance FY96 (1-8) .............. Judicial Administration Victim Witness Assistance FY96 (9-10) ............. 1) Regular Employee Wages 2) FICA 3) Training and Development 4) Administrative Supplies 5) Telephone 6) Dues and Membership 7) CIS - Personal Computer Rent 8) Management Services 9) State Grant Revenue 10) Local Match (035-026-5119-1002) $ 45,907 (035-026-5119-1120) 8,092 (035-026-5119-2044) 2,249 (035-026-5119-2030) 1,548 (035-026-5119-2020) 1,080 (035-026-5119-2042) 605 (035-026-5119-7007) 360 (035-026-5119-7015) 1,740 (035-035-1234-7207) 35,910 (035-035-1234-7208) 25,671 $ 749,442 61,581 $ 749,442 61,581 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. September 25, 1995 Report No. 95-602 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of City Council: Subject: Acceptance of Victim Witness Assistant Program Grant I concur with the Roanoke City Commonwealth's Attorney's recommendation relative to the above and recommend it to you appropriate action. Respectfully submitted, · ' 'Herbert City Manager WRH:afm Attachment cc: City Attorney Director of Finance City Clerk Commonwealth's Attorney Budget Administrator for September 25, 1995 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: Subject: Acceptance of Victim Witness Assistance Program Grant I. Background Victim/Witness Proqram is designed to recognize and address the needs of victims and witnesses in the Roanoke City Criminal Justice System and to continue the commitment for citizen support. Be Roanoke City Victim/Witness/Juror Assistance Committee (RCVWJ) was formed in the fall of 1983, by Judges and Clerks of Circuit Court, General District and Juvenile Courts, Commonwealth's Attorney, City Sheriff, Chief Magistrate, Chief of Police, Director of Administration and Public Safety, and Roanoke Bar Association. Ce Victim/Witness ProqFam was developed and utilized volunteers in the court system to provide services to support the needs of victims and witnesses. De The RCVWJ committee submitted the program to the State with a request for full payment funding. A start-up grant (#85A6252) was issued on July 1, 1984, in the amount of $16,202 for FY 84-85 subject to proportional annual local funding to be approved each year. City council accepted the start-up grant in September, 1984, and hired a full-time program coordinator in October, 1984. The program has been in continued operation since then. Members of Council Subject: Acceptance of Victim/Witness Assistance Program Grant Page 2 II. Current Situation The Victim/Witness Assistance Proqram has been awarded a twelve month $35,910 grant (#96-B8554VW95) for July 1995 through June 1996. This award will be matched by a local cash match of $25,671, for a total grant budget of $61,581. The Victim/witness Proqram continues to operate with a full-time coordinator, as well as a full-time assistant for Juvenile & Domestic Relations Court. Duties have expanded and increasingly greater contact has been made with persons in need of program services. A summary of FY 91-92, 92-93, 93-94, 94-95 contacts documents the services of the program (see Attachment A). The Victim/witness Program is coordinated by the Office of the Commonwealth's Attorney and this office's FY 95-96 budget as approved by City Council included a local cash match grant fund of $25,671 (appropriated as outlined in Attachment B). III. Issues A. Services B. Costs IV. Alternatives City Council accept the Victim/witness Grant #96- B8554VW95 for $35,910 with Roanoke City paying a total of $25,671 as a local cash match for a total grant of $61,581. Members of Council Subject: Acceptance of Victim/Witness Assistance Program Grant Page 3 1. Services ae Present level of services and contacts would be maintained for victims and witnesses in General District Court. Present level of services and contacts would be maintained for victims and witnesses in Juvenile & Domestic Relations District Court. 2. Costs ae Cost to the City for Grant #96-B8554VW95 would be $25,671 as a local cash match. City Council not accept the Victim/Witness Grant ~96- B8554VW95 in the amount of $35,910. Services such as those below would be greatly curtailed or not provided if the grant is not accepted. me Providing felony victims and witnesses with a letter and educational brochure familiarizing them with the court system, procedures and terminology before their court appearance. be Notifying the victims and witnesses of the status of pending cases thereby decreasing the number of unnecessary trips made to court and helping the victims and witnesses feel informed and a part of the criminal justice system. Providing police officers with case status information and organizing their cases so that they are heard consecutively, thus eliminating unnecessary and costly overtime charges. Assisting victims in securing court ordered restitution payments. Members of Council Subject: Acceptance of Victim/Witness Assistance Program Grant Page 4 Making victims aware of the Virginia Crime Compensation Fund and assisting them in completing the application process. Providing referrals to other agencies which can help victims address their non-criminal justice needs. Accompanying victims and witnesses to court proceedings to reduce their fears and anxieties regarding court appearances. Intercede with employers and school officials when victims and witnesses have difficulties securing time off. Assist sexual assault victims in having forensic medical bills paid for by the court system. Assist probation and parole officers in the preparation of Victim Impact Statements which are presented to the judge at the defendant's sentencing. Provide "counseling" and crisis intervention to crime victims and witnesses. Arrange for transportation to court for those victims and witnesses who have special needs. Provide public relations information in the form of courthouse tours, programs and lectures about the criminal justice system and victimology. 2. Costs would not be an issue. Members of Council Subject: Acceptance of Victim/Witness Assistance Program Grant Page 5 Recommendations City Council concur with Alternative A, which would allow for the acceptance of, and participation in the Department of Criminal Justice Services Grant #96- B8554VW95 for the Victim/Witness Program in the amount of $35,910 with the City providing a total local cash match of $25,671 from the monies provided in the Commonwealth Attorney's FY 95-96 budget. Authorize the City Manaqer to sign and execute all appropriate documents to obtain Grant #96-B8554VW95. Appropriate $35,910 in state ~rant funds and transfer $25,671 in local matchin~ funds from General Fund account 001-004-9310-9535 to the Grant Fund and establish a corresponding revenue estimate into accounts to be established by the Director of Finance. DSC:jls pc: Respectfully submitted, Donald S. Caldwell /~ Commonwealth' s Attorney City Manager City Attorney Director of Finance Director of Administration & Public Safety Victim Witness Coordinator Service victim Witness &ssistance Program Service S-mm~ry 1. Case Disposition & Case Status Information 2. Intercession with Schools or Employers 3. Crisis Intervention 4. Referral to Crime Victims Compensation Fund 5. Restitution Payment Assistance 6. Criminal Justice System Explanation 7. Educational Brochures Given 8. Total Victims Contacted 9. Total Witnesses Contacted 10. Courtroom Tours for Child Witnesses 11. Volunteer/Intern Hours Utilized 12. Amount of Restitution Collected 13. Amount of Crime Compensation Collected for Victims FY FY FY FY 91-92 92-93 93-94 94-9S 2,693 2,015 2,279 2,313 20 9 8 12 39 22 3 43 206 127 77 172 590 520 479 815 481 333 807 690 1,900 1,210 1,768 1,885 412 626 708 724 511 425 400 570 64 91 40 73 174 490 745 194 $49,530 $53,202 $56,804 $62,299 $127,024 $41,386 $85,683 $40,123 Services listed on this page reflect the services now being counted statistically by the Victim Witness Program as required by the Department of Criminal Justice Services. ~TT~,CHI, fENT B LOCAL C~,SH MATCH ~I~,NT FUND FY 84-85 FY 85-86 FY 86-87 FY 87-88 FY 88-89 FY 89-90 FY 90-91 FY 91-92 FY 92-93 FY 93-94 FY 94-95 FY 95-96 DCJS GI~,NT $16,202 (100%) $13,772 (71%) $32,550 (84%) $17,225 (64%) $19,048 (57%) $32,250 (62%) $35,619 164%) $34,787 64%) $36,706 63%) $36,798 65%) $34,021 58%) $35,910 58%) LOCAL C~H MATCH $ 5,538 (29%) $ 6,575 (16%) $ 9,916 (36%) $14,514 (43%) $20,072 (38%) $20,027 (36%) $20,011 (36%) $21,419 (37%) $20,027 (35%) $24,903 (42%) $25,671 (42%) TOTAL $16202 $19,310 $39,125 $27,141 $33 562 $52 322 $55 961 $54 798 $58 125 $56 825 $58 924 $61 581 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1995. No. 32664-092595. A RESOLUTION expressing the desire of this Council that the City of Roanoke be the site for Annual Meetings of the Virginia Municipal League in one or more of the years 1998-2001. WHEREAS, restoration of the 330-room Hotel Roanoke and construction of an adjoining 90,000-square foot Conference Center have been completed; WHEREAS, the City of Roanoke offers a unique blend of shopping, entertainment, cultural attractions and a sense of place born of authentic history; WHEREAS, the City of Roanoke has completed Downtown Revitalization, including among other things, a cultural center for all of western Virginia known as Center in the Square, a renovated Market Street, an Intermodal Transportation Center, new shops and parking faqilities; WHEREAS, the Roanoke Neighborhood Partnership is a model for promoting citizen involvement to implement neighborhood improvement pro3ects and revitalization; WHEREAS, this City is desirous of serving as the host of Annual Meetings of the Virginia Municipal League (VML) in one or more of the years 1998-2001; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This host the Annual 2001. 2. The Mayor and the City Manager or their designees are hereby authorized to make an appropriate presentation on behalf of the City to the Time and Place Committee of VML at the 1995 Annual Meeting of the VML to be held in Virginia Beach, Virginia. 3. The City Manager is authorized to execute any forms required by VML to be completed by a locality desiring to be considered as a conference site. Council hereby officially expresses its desire to Meetings of VML in one or more of the years 1998- ATTEST: City Clerk. 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 September 28, 1995 File #165-178-236 Florine Thornhill, President Northwest Neighborhood Environmental Organization 802 Loudon Avenue, N. W. Roanoke, Virginia 24016 Dear Ms. Thornhill: I am enclosing copy of Resolution No. 32666-092595 authorizing Amendment No. 2 to an Agreement between the City and Northwest Neighborhood Environmental Organization, Inc~, dated July 12, 1993, to provide for an increase of $6,374.00 in the City's HOME funds contribution for rehabilitation of properties located at 802 and 807 Gilmer Avenue, N. W., as more particularly set forth in a report of the City Manager under date of September 25, 1995. Resolution No. 32666-092595 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 25, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm EriC. IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1995. No. 32666-092595. A RESOLUTION authorizing Amendment No. 2 to an Agreement between the City and Northwest Neighborhood Environmental Organization, Inc., dated July 12, 1993, for funding of the rehabilitation of certain properties from HOME funds. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager is hereby authorized, for and on behalf of the City, to execute Amendment No. 2 to an Agreement with Northwest Neighborhood Environmental Organization, Inc. ("NNEO"), dated July 12, 1993, for funding of the rehabilitation of properties located at 802 and 807 Gilmer Avenue, N.W., with HOME funds. Such Amendment No. 2 shall provide for an increase of $6,374.00 in the City's HOME funds contribution for the rehabilitation of properties located at 802 and 807 Gllmer Avenue, N.W., as more particularly set out in the report to this Council dated September 25, 1995. Attorney. The amendment shall be approved as to form by the City ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 25th day of September, 1995. No. 32665-092595. 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. Roanoke THEREFORE, BE IT that certain Appropriations, be, to read as follows, ORDAINED by the Council of the City of sections of the 1995-96 Grant Fund and the same are hereby, amended and reordained in part: &DDroDrlations Community Development Home Investment Partnership 1994 (1-2) ............ $ 2,510,000 605,000 1) CHDOS 2) CHDO Project NNEO (035-052-5302-5238) $( 6,374) (035-052-5302-5242) 6,374 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall he in effect from its passage. ATTEST: this City Clerk. Roanoke, Virginia September 25, 1995 95-32 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Amendment 2 to the HOME Investment Partnership (HOME) Grant Agreement with the Northwest Neighborhood Environmental Organization (NNEO) I. Back~round: Since 1992, the City of Roanoke has received an annual allocation of HOME funds from HUD. Fifteen percent of these funds are required to be set aside for housing projects which are undertaken by a Community Housing Development Organization (CHDO). Bo City Council approved execution of an Agreement with NNEO, a CHDO, for funding the rehabilitation of 802 and 807 Gilmer Avenue, N.W. utilizing HUD funds available from the 1992 allocation of HOME funds by Resolution No. 31572-071293 on July 12, 1993. City Council approved the execution of Amendment 1 to the aforementioned Agreement by Resolution No. 32243-111494 on November 14, 1994 to specify that NNEO is donating the pre-rehabilitation value of the properties in the project, to remove contractual requirements no longer required by HUD, and to provide for the NNEO to retain developer's fees upon the sale of the properties. Do NNEO is permitted to recapture its own funds invested in the rehabilitation and sale of the properties from the gross proceeds of the sale of houses (to the extent such funds are available) according to Part 3 of Amendment 1. Bo $6,856.00 remains available in the City of Roanoke's 1994 HOME allocation and is required to be set-aside for eligible CHDO project expenses. II. Current Situation: NNEO has completed the rehabilitation of 802 and 807 Gilmer Ave. N.W. and has consequently sold these properties to eligible individuals. Honorable Mayor and City Council Page 2 NNEO experienced unexpected bud~,et over-runs on 802 Gilmer Ave., N.W. in the amount of $15.123.82 and on 807 Gilmer Ave., N.W. in the amount of $1.221.50 during the rehabilitation phases of the projects. (See Attachment A) Co Property settlement statements document that there was a total of $2.901.33 available for NNEO to recapture to apply towards additional costs ($1,788.51 for 802 Gilmer Ave., N.W. and $1.112.82 for 807 Gilmer Ave., N.W.) after the private lending institution and developer's fees were deducted. Do NNEO obtained a grant from Allstate and applied $7,070,00 in grant funds towards these additional costs. Eo NNEO has requested $6.374.00 from the City's HOME CHDO funds for reimbursement for the remaining HOME eligible expenses directly related to the project's cost over-runs for 802 Gilmer Avenue. Amendment 2 is necessary, to the 802 and 807 Gilmer Avenue, N.W. project Agreement to increase NNEO's HOME funded budget by $6.374.00 to a new total of $85.694.00. III. Issues: A. Cost to the City B. Funding C. Match D. Documentation of Expenditures E. Timing IV. Alternatives: Ao Authorize the City Manager or the Assistant City Manager to execute, and the City_ Clerk to attest, an Amendment 2 to the HOME Grant Agreement between the City and NNEO for the 802 and 807 Gilmer Avenue N.W. project to increase the city's HOME contribution by $6.374.00 to a total of $85.694.00, (Attachment B) such amendment approved as to form by the City Attorney, and approve the transfer of a total of $6.374.00 in HOME funds, as follows: $6.374.00 from 1994 HOME CHDO account 035-052-5302-5238 to HOME NNEO account 035-052-5302-5242. 1. Cost to City will be $6,374,00 in 1994 HOME funds. Honorable Mayor and City Council Page 3 Funding for CHDO projects is available in HOME account number 035-052-5302-5238. Re~_uired match for the HOME funds in the amount of $797.00 (the required 12.5% of $6.374.00) has been confirmed as available for this amendment by the Office of Grants Compliance. Documentation of exvenditures has been received and reviewed as eligible HOME expenses for this project by the Office of Grants Compliance. Timing is important as NNEO needs to be reimbursed with HOME funds for these out of pocket expenditures so that other NNEO projects and activities are not adversely affected. Do not Authorize the City Manager or the Assistant City Mana~,er to execute, and the City Clerk to attest, an Amendment 2 to the HOME Grant Agreement between the City and NNEO for the 802 and 807 Gilmer Avenue N.W. project, (Attachment B) such amendment approved as to form by the City Attorney, and do not approve the transfer of a total of $6.374.00 in HOME funds. Cost to City will not be an issue. However, NNEO would have expended an additional $6.374.00 for the 802 and 807 Gilmer Avenue, N.W. project not reimbursed by the City, reducing NNEO's resources to invest in other revitalization projects. 2. Funding would not be an issue. 3. Match would not be an issue. 4. Documentation of expenditures would not be necessary. Timing would still be an issue. Without this reimbursement, NNEO's ability to invest its own funds to initiate additional community development projects may be delayed. V. .Recommendation: Adopt Alternative A thereby authorizim, the City Manager or the Assistant City Manager to execute, and the City Clerk to attest, an Amendment 2 to the HOME Grant Aereement between the City and NNEO for the 802 and 807 Gilmer Avenue N.W. project, (Attachment B) such amendment approved as to form by the City Attorney, and approve the transfer of a total of $6.374.00 in HOME funds, as follows: Honorable Mayor and City Council Page 4 $6.374.00 from 1994 HOME CHDO account 035-052-5302-5238 to HOME NNEO account 035-052-5302-5242 Respectfully submitted, Robert Herbert City Manager WRH/lss cc: Assistant City Manager City Attorney Director of Finance Director of Public Works Director of Human Development Housing Development Coordinator Office of Grants Compliance Roanoke Neighborhood Partnership Coordinator President, Northwest Neighborhood Environmental Organization 4ttachment A ADDITIONAL COSTS ITEM 802 Gilmer Avenue 807 Gilmer Avenue Renovation Materials Site Work Renovations Plumbing & Heating Electrical Work Interest On Bank Loan Repair Fence Replace Water Line Stove and Refrigerator $ 6,548.14 $ 409.85 $ 2,306.25 $ 2,905.00 $ 1,178.35 $ 1,776.23 $ 375.00 $ 115.00 $ 731.50 TOTAL: $ 15,123.82 $ 1,221.50 FUNDS AVAILABLE: Cash from property settlements: $ 1,788.51 $7,070 Allstate Grant: $ 6,961.32 $ 1,112.82 $ 108.68 Balance: $ 6,373.99 $ Additional Funds Needed: $ 6,373.99 $ Attachment B AMENDMENT No. 2 This Amendment No. 2 is entered into this __ day of__ 1995, by and between the City of Roanoke (the City) and the Northwest Neighborhood Environmental Organization, Inc. (NNEO). WHEREAS, NNEO has, pursuant to the City's HOME program and by written Agreement with the City, dated July 12, 1993, contracted for the purchase, rehabilitation and resale to low-income families of certain identified properties ("Agreement"); and WHEREAS, City Council has, by Resolution No.32243-111494 adopted November 14, 1994 respectively, authorized the execution of Amendment No. 1 to the Agreement; and WHEREAS, City Council has, by Resolution No.__ __, adopted __ authorized the execution of Amendment No. 2 to the Agreement. , 1995, NOW THEREFORE, the City and NNEO do mutually agree to this Amendment No. 2, amending Paragraph Nos. 1 to the Agreement, to read as follows: 1. USE OF HOME FUNDS: The NNEO shall rehabilitate two vacant houses owned by the NNEO located at 802 and 807 Gilmer Avenue, N.W. Roanoke, Virginia, the value of such houses being hereby donated to this HOME-funded affordable housing project by the NNEO. Following the rehabilitation, the NNEO will sell the houses to home buyers whose family incomes do not exceed the level established by HUD for low to moderate income families - adjusted for family size. The project will commence prior to January 1, 1994, and rehabilitation will be complete within approximately twelve (12) months, i.e. by December 31, 1994. The total estimated rehabilitation budget for this project is $146,171 of which the City will provide funds to the NNEO in the amount of $85,694 from the City's HOME Investment Fund (HOME). The HOME funds from the City will be designated as $14,342 for CHDO operating costs, and $71,352 for direct project costs. NNEO will donate the houses at 802 and 807 Giimer Avenue, N.W. to the project, and NNEO expressly agrees that the value (before rehabilitation) of 802 and 807 Gilmer Avenue, N.W., in the amount of $18,400, established by appraisal on February 24, 1994, is hereby donated to the City's HOME program for local match. Private financing will be arranged by NNEO to provide the balance of the total rehabilitation costs for the properties, estimated here to be $60,477. NNEO may provide direct financial assistance to the home buyers to facilitate sale of the properties. This direct financial assistance shall be considered a HOME subsidy in the property. NNEO may provide Attachment B its own additional funds for direct project costs associated with he rehabilitation and sale of the properties as necessary. If either is sold for less than the market value of the property, as established by appraisal, the difference between market value and sales price shall be considered a HOME subsidy in the property. Upon sale of either property identified herein, a minimum of $1,000 HOME subsidy shall remain in the property to ensure compliance with affordabilbity requirements. The Agreement shall remain unchanged in all other terms and provisions. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove written: ATTEST: CITY OF ROANOKE By By. Mary F. Parker, City Clerk City Manager/Assistant City Manager ATTEST: COMMUNITY HOUSING DEVELOPMENT ORGANIZATION By John W. Penn, Secretary Northwest Neighborhood Environmental Organization, Inc. By. Florine Thornhill, President Northwest Neighborhood Environmental Organization, Inc. APPROVED AS TO HOME ELIGIBILITY APPROVED AS TO FORM Office of Grants Compliance Assistant City Attorney Attachment B APPROVED AS TO EXECUTION Assistant City Attorney APPROVED AS TO FUNDS AVAILABLE Director of Finance Date Account # 035-052-5300-5241 $14,342 035-052-5300-5242 $64,978 035-052-5302-5242 $6.374 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Charch Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk September 28, 1995 File #137-200-236-326 Wayne G. Strickland Executive Director Fifth Planning District Commission P. O. Box 2569 Roanoke, Virginia 24010 Dear Mr. Strickland: I am enclosing copy of Resolution No. 32567-092595 approving certain amendments to the charter of the Fifth Planning District Commission as recommended by action of the Commission taken on July 27, 1995. Resolution No. 32667-092595 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 25, 1995. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. pc: Wendy C. Wingo, Chairperson, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1995. No. 32667-092595. A RESOLUTION approving certain amendments to the charter of the Fifth Planning District Commission. WHEREAS, the charter of the Fifth Planning District Commission ("Commission") was approved and signed by the participating member governmental subdivisions in 1969; WHEREAS, on July 27, 1995, the Commission voted to amend its by-laws and recommended amendments to the charter of the Commission; WHEREAS, the Commission has requested that the City of Roanoke review and approve the amendments to the charter recommended by the Commission; and WHEREAS, the proposed amendments to the charter will enhance the operations of the Commission; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council concurs with amendments to the charter of the Fifth Planning District Commission as recommended by action of the Commission taken on July 27, 1995, and adopts this resolution to show it concurrence with the proposed amendments. 2. The Mayor and City Clerk shall be authorized, for and on behalf of the City, to sign and attest, respectively, any documents required to amend the charter of the Commission. September 25, 1995 Report No. 95-35 Honorable Mayor and Member of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: Amendments to Charter Agreement of Fifth District Planning Commission I. Background on the subject in chronological order is: Member jurisdictions of the Fifth District Planning Commission ("the Commission") are as follows: 1. City of Clifton Forge 2. City of Covington 3. City of Roanoke 4. City of Salem 5. County of Alleghany 6. County of Botetourt 7. County of Craig 8. County of Roanoke 9. Town of Vinton B. Commissioners appointed by the City of Roanoke are: 2. 3. 4. 5. 6. Marsha Compton-Fielder, Commissioner of Revenue John S. Edwards, Vice-Mayor Delvis O. McCadden, Council Member David K. Lisk John Maflles, Chief of Community Planning J. Lee Osborne 1995 session of the General Assembly changed sections of the Code of Virginia (Sec. 15.1-1400.- 1416.1) which pertain to the organization and operation of planning district commissions, and renamed this section the Regional Cooperation Act (previously known as the Virginia Area Development Act). II. Current situation is: Amendment of the Fifth Planning District Commission's Bylaws was approved by the Commission on July 27, 1995. Some of the approved Bylaws changes require corresponding changes to the Commission's Charter Agreement. The primary reasons for the proposed changes to the Bylaws and Charter Agreement are as follows: Recognition that the Commission's authority now arises from the Regional Cooperation Act adopted by the 1995 General Assembly and conformance with related changes to the Code of Virginia; Allow the Commission Chair and Vice-Chair to serve for two consecutive III. IV. two-year terms to allow continuity of leadership for initiatives undertaken that extend beyond a two-year period (current term is for two years only); and Elimination of the unnecessary charter provision regarding the specific designation of an Executive Committee. The creation of the Executive Committee is handled in the Commission's Bylaws. Amendment of the Commission's Charter Agreement requires participating governmental subdivisions to adopt resolutions concurring with the proposed amendments to the Charter Agreement. Issues in order of importance are: A. Legislative compliance B. Timing Alternatives in order of feasibility are: City Council approve the attached resolution in support of amendments to the Charter Agreement of the Fifth District Planning Commission. L_~gislative comp_]iance with the Regional Cooperation Act recently adopted by the 1995 General Assembly would be achieved. Timing would allow the Fifth PDC to proceed with other amendments to the Bylaws and Charter as approved and recommended by Commission members. City Council not approve the attached resolution in support of amendments to the Charter Agreement of the Fifth District Planning Commission. Legislative compliance with the Regional Cooperation Act recently adopted by the 1995 General Assembly would not be achieved. Timing would not allow the Fifth PDC to proceed with other amendments to the Bylaws and Charter as approved and recommended by Commission members. V. Recommendation is as follows: City Council approve the attached resolution in support of amendments to the Charter Agreement of the Fifth District Planning Commission. Additional supporting documentation from Mr. Wayne G. Strickland, Executive Director of the Fifth Planning District Commission, is attached for City Council's review. Respectfully submitted, City Manager CCZ Wilburn C. Dibling, City Attorney James D. Grisso, Director of Finance Mary F. Parker, City Clerk Wayne G. Strickland, Executive Director, Fifth Planning District Commission Barry L. Key, Manager, Management and Budget FIFTH PLANNING DISTRICT COMMISSION 313 Luck Avenue, SW Post Office Box 2569 Roanoke, Virginia 24010 (703)343-4417 · fax (703)343-4416 August11,1995 Mr. W. Robert Herbert Roanoke City Manager 215 Church Avenue, SW Roanoke, Virginia 24011 Dear Bob: On July 27, 1995, the Fifth Planning District Commission voted to amend its Bylaws. Some of the proposed Bylaws changes suggest corresponding changes to the Commission's Charter. In order to amend the Charter Agreement, all participating governmental subdivisions must adopt resolutions concurring with the proposed amendments to the Charter. The Fifth PDC is requesting that your governing body review the proposed changes and consider adoption of the attached resolution. There are three reasons for proposing the amendments to the Bylaws and Charter: (1) The Bylaws should be amended to recognize that the Planning District Commission's authority now arises from the Regional Cooperation Act adopted by the General Assembly in 1995. (2) An amendment to the Commission's Bylaws allows the Commission Chair and/or Vice Chair to serve one additional term in office. Currently, the Chair and Vice Chair serve for a two- year term; however, the change allows the Chair and Vice Chair to serve for two concurrent two- year terms, in order for this amendment in the Bylaws to become effective, the Charter must also be amended. (3) In amending the Bylaws, the Commission voted to alter the composition and role of its Executive Committee. Currently, the Executive Committee meets eight out of the twelve months during the fiscal year, while the Full Commission meets only four times a year. The Commission has changed the Bylaws so that the Full Commission will meet every month and the Executive Committee will meet only as needed, at the call of the Commission Chair. In this new role, the Executive Committee, as presented in the Bylaws, will be composed of the Commission Chair, Vice Chair, Treasurer, Immediate Past Chair, and a Commission member elected at-large. The purpose of this smaller Executive Committee will be to serve as an advisory group to the Commission on issues of an unusual nature dealing with finances, personnel, etc. The change in the composition of the Executive Committee (but not the role of the Committee) requires an amendment to the Charter. Attached you will find a brief summary of proposed amendments to the Charter of the Fifth PDC. Serving Alleghany County, Botetourt County, Clifton Forge, Covington, Craig County, Roanoke City, Roanoke County, Salem, and the Town of Vinton Page-2- On behalf of the Commission, I would like to request that you place the attached resolution supporting the proposed changes in the Commission's Charter on your governing body's agenda in either August or September. I would be glad to present this resolution to your governing body if you so desire. Thank you for your consideration of this request. I look forward to hearing from you as to when your governing body will be reviewing the resolution. Sincerely, Wayne~. Strickland Executive Director WGS:jlp Attachments CC: Commission Members, Roanoke City Wendy C. Wingo, Chair, Fifth PDC SUMMARY OF PROPOSED CHANGES TO THE CHARTER OF THE FIFTH PLANNING DISTRICT COMMISSION Article I, Section 3: Change authority of the Planning District Commission from the Virginia Area Development Act to the recently adopted Virginia Regional Cooperation Act. Reason for Change: This change will bring the PDC into conformance with changes to the Code of Virginia Article i, Section 4: Change the purpose of the PDC to reflect the language previded in the Regional Cooperation Act. Reason for Change: This change will bring the PDC into conformance with the purpose of PDCs as provided in the recently adopted Regional Cooperation Act. Article I, Section 5: Add a definitions section to define the terms "member govemmental subdivision" and "governing body" Article IV, Section 2: Change this article to allow a Commission Chair or Vice-Chair to serve an additional term in office. Reason for Change: Often program initiatives undertaken by the leadership of the PDC extend beyond a two-year period. This change will allow the PDC's leadership to remain in office for an additional term to maintain momentum for longer term projects. Article VII, Section 1: Delete this Section. Reason for Change: There is no heed in the Ch~.rter to authorize the creation of an Executive Committee. This action is taken care of in the Bylaws (see Article VI, Section 1 of the Bylaws). Article VIII, Section 2: Change language to reflect the special requirements for Executive Sessions under the Virginia Freedom of Information Act. Article IX, Section 1: Change the date the Commission will report to member governmental subdivisions to reflect that the Commission's budget and work program do not go into effect until July 1 of each year. The change also brings the Commission's reporting process in line with the reporting requirements of the Regional Cooperation Act. PROPOSED CHARTER AGREEMENT OF FIFTH PIANNING DISTRICT COMMISSION NOW, THEREFORE, it is agreed that: Section 1 Section 2 Section 3 Section 4 Name, Location, Authority, Purpose The name of this organization shall be the Fifth Planning District Commission, hereina/~er called the "Commission". The principal office of the Commission shall be located in the City of Roanoke, Virginia. The location of the principal office may be changed by the concurrence of three-fourths of the Commission membership; provided, however, that the clerk of the governing body of each member governmental subdivision has been notified of the contemplated relocation in writing at least thirty days before such meeting. The Commission shall be a public body corporate and politic with all the powers and duties granted to it by the Virginia Ax~u D~wlupmeu~ Regional Cooperation Act. A. It is the purpose of the Fifth pl~uning District Commission to encourage and facilitate local government cooperation in addressing on a regional basis problems of greater than local slg'~i6cance. The cooperation resulting from the efforts of the Commission is intended to assist local governments in meeting their own problems by enhancing their abilities to recognize and analyze regional opportunities and take account of regional influences in planning and implementing their public policies and services. 2 B. The Fifth Planning District Commission shah also promote the orderly and efficient development of the physical, social, and economic elements of the district by planning, and encouraging and assisting governmental subdivisions to plan for the future. If requested by a member governmental subdivision or group of member governmental subdivisions and to the extent the Commission may elect to act, the Commission may assist the subdivisions by carrying out plans and programs for the improvement and utilization of the elements. The Commission shah not, however, have a legal obligation to perform the functions necessary to implement the plans and policies established by it or to furnish governmental services to the district. Section 5 Definitions - '~Iember Governmental Subdivision" means a county, city or town that has signed the Charter Agreement of the Fifth Planning District Commission. "Governing Body~* means the board of supervisors of the county or the council of the city or town. Section 1 ARTICLF, II Membership The membersh/p of the Filch Planning District Commission shall be composed of representatives of the member governmental subdiv/sions, on the basis of one member from the governing body of each governmental subdivision and also, one representative who holds no office elected by the people in that government. In addition, each governmental subdivision with population in excess of 10,000 shall appoint one representative for each 25,000 population or fraction thereof. The representative for the first 25,000 increment shall be a member of the governing body. The representative of the second 25,000 increment shall be a person who does not hold an office elected by the people. Thereafter thacontinual increments shall be alternated so that at least a majority, but not substantially more than a majority, of the Commission members shall be elected offic/als of the governing bodies of the governmental subdivisions. In determining the population of counties, the numerical total shall be exclusive of participating towns who have a population of three thousand, five hundred; said towns are eligible to have at least two representatives. 3 Section Section 3 Section 4 Section 5 For the purpose of this agreement the term "population" shall have the same meaning as set forth in Section 15.1-1402 of the Virginia Code, 1968. The population on which the representation to the Commission is based shall be reviewed by the Commission at least every five years from the effective date of this Charter. Vacancies on the Commission shall be filled for the unexpired term in the same manner as the original appointment was made. Any member of the Commission shall be eligible for reappointment but may be removed for cause by the governing body which appointed him. Section 1 Section 2 Section 3 Section 4 Section 5 ARTICr,~,III Appointments, Te~,~as of Office and Voting Rights Members of the Commission shall be appointed by the governing body of each governmental subdivision. The terms of office of Commission members who are also members of governing bodies shall be three years or until his/her successor has been appointed. In the event any elected member of the Commission shall cease to be an elected member of the local governing body which he represents, he shall cease to be a member of the Commission. The appropriate governing body shall within thirty days make an appointment to succeed him for his unexpired term. The term of office of non-elected members of the Commission shall be three years. The initial appointments shall expire as follows: The term of one member from the local governing body of each governmental subdivision shall expire on June 30, 1972. The term of one member of each governmental subdivision who holds no office elected by the people shall expire on June 30, 1971. The term of any additional members shall expire On June 30, 1970. Each member of the Commission shall have the right to vote, but may exercise his/her vote only in person and during any official meeting of the Commission, regular, special or otherwise. Section 1 Section 2 Section 3 ARTICLE IV Officers Officers of the Commission shall consist of a Chair and Vice-Chair who shall be elected at a regular meeting of the Commission by a majority vote of the members present. The Chair and Vice-Chair shall be elected for terms of~vo years. They may ~JuL succeed themselves in that office, for one' additional term. The Commission shall appoint an Executive Director who shall be an employee of the Commission and who shall serve at the pleasure of a majority of the membership. Section 1 ARTICT.~, V Planning District Commission - Regional Planning Commission Merger Upon the ratification of this Charter Agreement the Roanoke Valley Regional Planning Commission and Jackson River Regional Planning Commission shall merge with the Fifth Planning District Commission. All assets and liabilities of the two aforesaid Regional Planning Commissions shall be transferred to the Fifth Planning District Commission. Section 1 Section 2 ARTICLE VI Addition or Withdrawal of Members Any governmental subdivision within the Fifth Planning District which is not a party to this Charter Agreement at the effective date thereof may thereafter join the Commission provided that such governmental subdivision is eligible for membership and that it adopts and executes this Agreement. Any governmental subdivision may withdraw i~om the Commission by submitting to the Commission in writing, at least 90 days before the end of the Commission's then current fiscal year, a notice of intent to withdraw. Such withdrawal shall not become effective until the Commission's fiscal year has ended. 5 Section 21 ARTICLE VII Adoption of Bylaws The Commission may adopt Bylaws and such other rules at it deems necessary to govern its operations. Section 1 Section 2 Section 3 ARTICLE VIII Meetings The Commission shall hold regular meetings on a schedule which will be determined by the membership. Meetings of the Commission shall be open to the public, however, the Commission may hold executive me~Lh~g~, sessions under the guidelines provided by the Virginia Freedom of Information Act. Provisions shall be made in the Bylaws as to notification of members of all meetings of the Commission. Section 1 ARTICLE IX Reports The Commission shall, x~u luL~x Llamx M~rct~ after June 30 and no later than September 30 o£each year, submit to each governing body as that is a party to this Charter Agreement a report in writing setting forth the £oll6wing: The work program and activities of the preceding year. A financial report of receipts and expenditures of the preceding year. The p~opu~d budget of the Comm/ssion for the ~L current fiscal year. The plu.a~d programs and projects for the ~L current fiscal year. Section 2 There should be conducted once each year an audit of the accounts of the Commission by an independent auditing firm. Section ARTICLE X Amendments This Charter Agreement may be amended, supplemented or superseded only by concurring resolutions from the governing bodies which are parties to this Charter Agreement. All proposed amendments shall be submitted to the Commission for its review and recommendations to the member governmental subdivisions. Section 1 ARTICLE XI Date of Organization The organization of the Fifth Planning District Commission shall be effective on the 25 day of August, 1969 or at such time after this date when the Charter Agreement has been adopted and signed by that governmental subdivision whose population when added to the aggregate population of those who have already adopted and signed the Charter Agreement embraces the majority of the population within the Fifth Planning District. 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 September 28, 1995 File #67-379 Cheryl P. Lane Sales Officer Card Products Division First Union National Bank 7711 Plantation Road, N. W. Roanoke, Virginia 24019 Dear Ms. Lane: I am enclosing copy of Resolution No. 32668-092595 authorizing the City's Department of Parks and Recreation to accept credit cards for payment of services to customers, and authorizing the City Manager to enter into an agreement with First Union for such transacti.on processing, upon certain terms and conditions. Resolution No. 32668-092595 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 25, 1995. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Eno. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1995. No. 32668-092595. A RESOLUTION authorizing the Department of Parks and Recreation to accept credit cards for payment of services to customers, and authorizing the City Manager to enter into an agreement for such transaction processing upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council hereby authorizes the Department of Parks and Recreation to accept credit cards for payment of services to customers. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, an agreement with First Union, providing for services and charges in connection with the processing of charges made on VISA or Mastercard credit cards at a discount rate of 3.04%, as set out in the report to this Council dated September 25, 1995. 3. The agreement shall contain such other terms and conditions deemed appropriate by the City Manager, and the form of the agreement shall be approved by the City Attorney. ATTEST: City Clerk. September 25, 1995 Council Report #95-180 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: SUBJEC?: Authorization for Parks & Recreation to accept credit card payment for services. I. BACK~ROUND: Payment bv credit card is a growing trend in the leisure services industry. Studies indicate that acceptance of credit cards for payment of recreational services can enhance overall revenues. Credit cards have been accepted for several years by the Roanoke Civic Center for purchase of event tickets. ~ has recently authorized Roanoke EMS to accept credit cards as payment for emergency medical services. II. CURRENT SITUATION: First Union Bank has submitted a proposal for processing VISA and MASTERCARD transactions at a discount rate of 3.04%. This package does NOT include American Express, Diners, or Discover cards which would not be accepted at this time. In addition, the City will be charged miscellaneous unbundled authorization fees, installation and training fees, and research fees. Authorization fees are normally $0.15 per electric authorization. Installation and training should be a one time charge. Research fees are only charged when "problem" transactions require investigation. The City will be required to indemnify First Union as to any claims against First Union as the result of negligence or willful misconduct of City Employees. Honorable Mayor and Council Members Authorization for Parks & Recreation to Accept Credit Cards September 25, 1995 Council Report #95-180, Page 2 De The proposal allows integration of credit card processing into financial services already being provided to the City by First Union. All arrangements have met with the approval of the Treasurer's office and Finance Department. Parks & Recreation will be billed monthly by First Union for the appropriate fees for transactions processed. This invoice will be paid by a payment voucher, and charged to an object code dedicated to this expense. F. Section 58.1-3013 of the Code of Virqinia, (1950), as amended provides that the governing body of a City may authorize the Treasurer to accept payment of fees by use of a credit card. III. ISSUES: A. Customer Service B. Cost C. Timinq IV. ALTERNATIVES: Allow Parks & Recreation to accept credit cards for payment for services. Customer service would be enhanced by offering a third way to pay for services. Credit card acceptance would allow telephone reservations and registrations, a customer convenience not currently possible. Cost for a $25 class or a half day shelter reservation would be $0.91. Implementation of credit card usaqe at the earliest possible date will enhance revenue and allow for incorporation of this feature in the department,s Winter Quarterly which is now being planned. Honorable Mayor and Council Members Authorization for Parks & Recreation to Accept Credit Cards September 25 , 1995 Council Report #95-180, Page 3 Be Not allow Parks & Recreation to accept credit cards for payment for services. 1. Customer service would not be enhanced. Telephone reservations and registrations would not be possible. 2. Cost would not be an issue. 3. Timing would not be an issue. RECOMMENDAT__ION: City Council concur with Alternative Allow Parks & Recreation to accept credit cards for payment for services. Authorize the city Manager to enter into agreement with First Union for the providing of VISA/MASTERCARD transaction processing. Respectfully submitted, WRH/jjn Attachment cc: o~ert Herbert City Manager city Attorney Director of Finance Assistant city Manager Director of Public Works Manager, Management and Budget Manager, Parks & Recreation Business Coordinator, Parks & Recreation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINI& The 25th day of September, 1995. No. 32671-092595. A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 32131-080894, adopted August 8, 1994, for certain expenditures in connection with the traffic signaliTafion at the intersection of Hershberger Road and Florist Road, N.W., in the City of Roanoke; and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. In accordance with U. S. Treasury Regulations, Section 1.150-2, the City hereby declares that it reasonably expects and intends to reimburse $22,000.00, appropriated by an ordinance simultaneously adopted by the City Council on September 25, 1995, for the traffic signalization at the intersection of Hershberger Road and Florist Road, N.W. ("Project") in the City of Roanoke, from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 32131-080894, adopted by the City Council on August 8, 1994, in the principal mount of $23,000,000 for the purpose of providing funds to defray the cost of needed permanent public improvements of and to school buildings, public buildings, public bridges, streets and sidewalks, storm drains, parks, economic development and acquisition of real property for the foregoing. Ordinance No. 32132-080894, also adopted by City Council on August 8, 1994, provided for the holding of an election to determine whether the qualified voters of the City of Roanoke would approve Ordinance No. 32131-080894, and, at an election held on November 8, 1994, the qualified voters of the City approved Ordinance No. 32131-080894. The maximum principal amount of debt expected at this time to be issued for the traffic signalization at the intersection of Hershberger Road and Florist Road, N.W., required for the Project is $22,000.00, all as is more particularly set forth in the September 25, 1995, report of the City Manager to this Council. 2. This is a declaration of official intent adopted pursuant to U. S. Treasury Regulations, Section 1.150-2. This official intent is being declared not later than sixty days after the payment of the expenditures authorized by Paragraph I of this Resolution. 3. The City Clerk is directed to file this Resolution among the permanent papers of the City end hold it available for public inspection pursuant to the Virginia Freedom of Information Act, {}2.1-340 et seq., Code of Virginia (1950), as amended. 4. This Resolution shall be effective on and after the date of its adoption. ATTEST: City Clerk. 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 lelephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk September 28, 1995 File #20-53-57-77-183-514 Fred C. Altizer District Administrator Virginia Department of Transportation P. O. Box 3071 Salem, Virginia 24153 Dear Mr. Altizer: I am enclosing copy of Resolution No. 32670-092595 expressing the intent of the City of Roanoke to participate, under certain terms and conditions, in a traffic signalization project to be constructed by the Virginia Department of Transportation at the intersection of Hershberger Road and Florist Road, N. W., in the County of Roanoke, to the extent of one-third of the cost of said traffic signal project not to exceed $22,000.00. Resolution No. 32670-092595 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 25, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc, pc: Elmer C. Hodge,County Administrator, County of Roanoke, P. O. Box 29800, Roanoke, Virginia 24018 IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 25th day of September, 1995. No. 32670-092595. A RESOLUTION expressing the intent of the City of Roanoke to participate, under certain terms and conditions, in a traffic signalization project to be constructed by the Virginia Department of Transportation at the intersection of Hershberger Road, N.W., and Florist Road, N.W., in the County of Roanoke. WHEREAS, there is a need to signalize the intersection of Hershberger Road, N.W., and Florist Road, N.W., in Roanoke County, and such signalization will serve the interests of the City of Roanoke and its citizens; WHEREAS, the Virginia Department of Transportation ("VDOT") is proposing a cost sharing arrangement whereby VDOT, the City of Roanoke, and a private corporation would each share one-third of VDOT's estimated $66,000.00 installation cost; and WHEREAS, the City Manager, by report, dated September 25, 1995, recommended that City Council participate in this project under the cost sharing proposal suggested by VDOT; THEREFORE BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council agrees that the City of Roanoke will participate in the traffic signalization project to be carded out by VDOT at the intersection of Hershberger Road, N.W., and Florist Road, N.W., in Roanoke County, to the extent of one-third of the cost of this traffic signal project not to exceed $22,000.00. 2. The City Clerk is directed to forward an attested copy of this resolution to Fred C. Altizer, District Administrator, VDOT. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA The 25th day of September, 1995. No. 32669-092595. 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 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 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ~iations Traffic Engineering $ Traffic Signals Installation of New Signals (1).. Capital Improvement Reserve $ Public Improvement Bonds - Series 1996 (2) ......... 1) Appropriated from Bond Funds (008-052-9561-9001) 2) Streets and Sidewalks (008-052-9701-9191) $ 22,000 (22,000) 1,415,300 172,000 (2,073,225) (4,692,740) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011-1594 Telephone: (703) 981-2444 September 27, 1995 The Honorable A. Victor Thomas Member, House of Delegates 1301 Orange Avenue, N. E. Roanoke, Virginia 24012 Dear Vic: I am pleased to provide you with a copy of the City Manager's report in regard to traffic signalization at the intersection of Hershberger Road and Florist Road, N. W. City Council at its meeting on Monday, September 25, 1995, concurred in the City Manager's recommendation that Council indicate the City's intent to reimburse front funding with bond proceeds upon sale of the 1996 bonds; and that the Virginia Department of Transportation be advised that the City will participate in one-third of the cost of the traffic signalization project, in an amount not to exceed $22,000.00 which will be paid following project completion. For your information, I am enclosing copy of Resolution Nos. 32670-092595 and 32671-092595, which measures were also adopted by the Council on Monday, September 25. On behalf of the Members of the Roanoke City Council and the City Administration, I would like to thank you for your assistance in working with City and County officials to move this project forward. The proposed signalization will help to alleviate traffic congestion at a busy intersection in the Roanoke Valley. The Honorable A. Victor Thomas September 27, 1995 Page 2 Thanks for all of your hard work and for your many efforts to be of assistance to the citizens of the City of Roanoke. Best personal regards. DAB:sm Enc. Sincerely, Mayor pc: The Honorable Vice-Mayor and Members of the Roanoke City Council W. Robert Herbert, City Manager September 25, 1995 No. 95-189 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: Traffic Signalization - Intersection of Hershberger Road and Florist Road, N.W. I. Background: The intersection of Hershberger Road and Florist Road~ N.W. is a location justified for signalization in Roanoke County as determined by the Virginia Department of Transportation (VDOT). Intersection lies within Roanoke County, as does Hershberger Road to the east and Florist Road to the north. Hershberger Road to the west and Florist Road to the south are in the City of Roanoke (see Attachment A-Map). II. Current Situation: VDOT has proposed a cost-sharing arrangement by which VDOT, Friendship Manor and the City of Roanoke would each pay one-third of VDOT's estimated $66~000.00 installation cost. VDOT would also maintain this traffic signal. Requests for signalization at this location are periodically received from Roanoke City residents including a petition in 1987 with over 250 names, a majority of whom lived in the City in the vicinity of this intersection. Fundinq for the City's share of $22~000.00 can be provided by the Streets and Sidewalks category of the 1996 Bond Issue, which included $500~000.00 for new traffic signals. It is the City's intent to reimburse front-funding with bond funds upon issuance of the 1996 bonds. Internal Revenue Service regulations (Section 1.150-2) require that the City declare its intent to reimburse itself $22~000.00 from the proceeds of its 1996 General Obligation bonds. No. 95-189 September 25, 1995 Page 2 III. A. Traffic IV. B. Fundinq C. Timinq Alternatives: A. Authorize the transfer of $22~000.00 from Account No. 008-052-9701-9191 (Series 1996 Public Improvement Bonds - Streets and Sidewalks) to Account No. 008-052-9561-9065 (Traffic Signals - Installation of New Signals) for payment to VDOT for one-third of the cost to signalize the Hershberger Road/Florist Road intersection in Roanoke County. Traffic flow and safety for motorists and pedestrians at this intersection would be enhanced. Fundinq in the amount of $22,000.00, which is one- third of the total signalization cost, is available from the Streets and Sidewalks Category of the 1996 Bond Issue. Timinq is for VDOT to begin signal installation within the next 30 to 60 days. Do not authorize the transfer of $22~000.00 for payment to VDOT for one-third of the cost to signalize the Hershberger Road/Florist Road intersection in Roanoke County. Traffic flow and safety at this intersection would not improve. Fundinq would not be needed for this project at this time. Funds could be used for other new traffic signals. 3. Timinq for signal installation may be delayed. No. 95-189 September 25, 1995 Page 3 VJ Recommendation is that City Council concur in Alternative "A" and take the following specific actions: Authorize the transfer of $22~000.00 from Account No. 008-052-9701-9191 (Series 1996 Public Improvement Bonds - Streets and Sidewalks) to Account No. 008-052-9561-9065 (Traffic Signals - Installation of New Signals) for payment to VDOT for one-third of the cost to signalize the Hershberger Road/Florist Road intersection in Roanoke County. Adopt the appropriate resolution indicating the City's intent to reimburse front-funding with bond proceeds upon sale of the 1996 bonds. Adopt the appropriate resolution indicating to VDOT that the City will participate in one-third of the cost of this traffic signal project, not to exceed $22~000.00, to be paid following completion of the project. Respectfully Submitted, WRH/RKB/gpe Attachment: copy: W~?Ro~'b e r t~H e r b e r t~ '~ City Manager A-Map City Attorney Director of Finance Director of Public Works City Engineer Traffic Engineer F. C. Altizer, District Administrator, VDOT Elmer C. Hodge, County Administrator, Roanoke County 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 Cterk September 28, 1995 File #27-183-468-472 C. E. Tucker Senior Vice President Crowder Construction Company P. O. Box 30007 Charlotte, North Carolina 28204 Dear Mr. Tucker: I am enclosing copy of Ordinance No. 32673-092595 approving the City Manager's issuance of Change Order No. 9 to the City's contract with Crowder Construction Co., in connection with Carvins Cove Filter Plant Improvements - Phase I, in the amount of $165,389.00, for a total contract amount, including Change Order No. 9, of $13,975,660.21. Ordinance No. 32673-092595 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 25, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, The 25th day of September, 1995. No. 32673-092595. VIRGINIA, AN ORDINANCE approving the City Manager's issuance of Change Order No. 9 to the City's contract with Crowder Construction Company, in connection with Carvins Cove Filter Plant Improvements - Phase I; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 9 to the City's contract with Crowder Construction Company, in connection with Carvins Cove Filter Plant Improvements Phase I. 2. Such Change Order shall provide for the following changes in the work to be performed: ORIGINAL CONTRACT AMOUNT CONTRACT AMOUNT INCLUDING PREVIOUS CHANGE ORDERS 12,682,280.00 13,810,271.52 CHANGE ORDER NO. 9: Provide and install an acceptable High Density Polyethylene (HDPE) 60 mil liner Provide and install six foot chain link fence around basin Provide and install turbidity meter, pump, enclosure, wire, conduit, and connect to SCADA main computer at control center 120,000.00 13,089.00 $ 28,000.00 Provide and install two sump pumps, one on each side of pipe gallery TOTAL AMOUNT OF CHANGE ORDER NO. 9 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 9 ADDITIONAL TIME REQUIRED FOR CHANGE ORDER $ 4t300.00 $ 165,389.00 13~975~660.21 80 consecutive calendar days. 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. IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA The 25th day of September, 1995. No. 32672-092595. AN ORDINANCE to amend and reordain certain sections of the 1995-96 Water 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 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A o riations Capital Outlay Carvins Cove Phase II, Contract B-1 (1) ........... Carvins Cove Filter Plant Improvement Phase I (2). 1) Appropriated from Bond Funds(002-056-8377-9001) 2) Appropriated from Bond Funds(002-056-8368-9001) $(165,389) 165,389 $ 31,864,882 3,066,028 14,014,152 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: city Clerk. September 25, 1995 Council Report No. 95-190 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: CHANGE ORDER NO. 9 CARVINS COVE FILTER PLANT IMPROVEMENTS, PHASE I II. Background on the subject in chronological order is as follows: Bids for this proiect were received by the Council-appointed bid committee on October 16, 1992. Six (6) bids were received for this proiect, with Crowder Construction Company of Charlotte, North Carolina, submitting the Iow bid in the amount of ~ 12,682,280 and 73qconsecutive calendar days construction time. Council approved the contract dated November 16, 1992, by Ordinance No. 31247-111692. The Commonwealth of Virginia was in the process of finalizing their chanqes to the soil and erosion controls and storm water management which went into effect on January 1, 1993. Roanoke County then completed their plan review in the first week of January, and the notice to proceed was issued to start construction on January 19, 1993. (The result of the new regulations was the main part of Change Order No. 1.) There have been eight (8) approved chanqe orders to date with a contract total of $13,810,271.52 and 805 consecutive calendar days. Current situation is as follows: In compl¥inq with the new soil and erosion control requlations, the smaller of two settling basins, used for settling and storing filter backwash water, was removed and a new larger storm water retention basin was constructed. The new basin was constructed large enough for storm water retention and backwash water detention. The Department of Environmental Quality has informed us that before the basin can be used for backwash water detention, it must have an approved liner installed. Honorable Mayor and Members of City Council CHANGE ORDER NO. 9 CARVINS COVE FILTER PLANT IMPROVEMENTS, PHASE I September 25, 1995 Page 2 Change Order No. 9 consists of the followinq: Two bids were received by Mattern & Craig, Inc. to provide and install an acceptable High Density Polyethylene (HDPE) 60 mil liner: Crowder Construction Company (Crowder is an approved installer.) $120,000 Grundle Manufacturing Co. (Grundle manufactures the membrane and installs.) 167,120 Six foot chain link fence around basin in "A" above as required by regulations. Fence to have tension wire top and bottom, concrete on posts at corners and gates -- two gates required. 13,089 Provide and install turbidity meter, pump, enclosure, wire, conduit, and connect to SCADA main computer at Carvins Cove Control Center. 28,000 Provide and install two sump pumps, one on each side of the pipe gallery. At one time there was a small drain, but it has rusted shut through the years. 4,300 Total Amount of Chan.qe Order No. 9 $165,389 III. Issues A. B. C. __ in order of importance are as follows: Engineering concerns Funding for the additional work Time of completion IV. Alternatives in order of feasibility are as follows: A. Approve the issuance of Chanqe Order No. 9inthe amount of $165,389 and 80 consecutive calendar days. Honorable Mayor and Members of City Council CHANGE ORDER NO. 9 CARVINS COVE FILTER PLANT IMPROVEMENTS, PHASE I September 25, 1995 Page 3 En.qineerinq concerns would be met as follows: a. The storm water retention basin could be used as a backwash settling basin which would provide backwash discharge capacity when one of the basins has to be cleaned (twice a year). Fence would be provided around the steep berm walls of the retention basin as required by the regulations. Turbidity monitorin.q would be provided as required by the new Department of Health regulations. Two sump pumps would provide a reliable means of keeping the trenches under the pipe gallery clean. 2. Funding for this work is available as follows: Transfer $165,389 in existing general obligation bond funding from account number 002-056-8377-9001, Carvins Cove Phase II B-1 Trunkline, to account number 002-056-8368-9001, Carvins Cove Phase I Plant Expansion. Time of completion through Change Order No. 8 was June 6, 1995. At that time, substantial completion was approved and 95% of the work completed and turned over to the Plant for use. The contractor has returned to the project and will complete the tasks that are related to electric power to the dam. This work will require an additional 80 consecutive calendar days. Completion date would then be November 27, 1995. It is hoped the last section of 36" water main will be completed during this time, which will permit connection of the new finished water reservoir for delivery to the City through the new water main. If this is not completed, it may be necessary to ask for an additional time extension. B. Reject the issuance of Change Order No. 9 and do not authorize the additional work as described above. Honorable Mayor and Members of City Council CHANGE ORDER NO. 9 CARVINS COVE FILTER PLANT IMPROVEMENTS, PHASE I September 25, 1995 Page 4 Enqineerinq concerns would not be met in a timely fashion. All four items will have to be done at some future date. Fundinq would remain in the Phase II account. Time of completion would be extended. The contractor would complete his work and move off site· Recommendation is as follows: City Council concur in alternative "A" and take the following actions: Authorize the City Manager to issue Change Order No. 9 to the contract with Crowder Construction Company in the amount of $165,388.69· The total contract amount would then become $13,975,660·21· Transfer the sum of $165,389 from account number 002-056-8377- 9001, Carvins Cove Water Main Extension, Phase II, to account number 002-056-8368-9001, Carvins Cove Filter Plant Improvements, Phase I. Respectfully submitted, W. Robert Herbert City Manager WRH/LBC/kh Attachments Honorable Mayor and Members of City Council CHANGE ORDER NO. 9 CARVINS COVE FILTER PLANT IMPROVEMENTS, PHASE I September 25, 1995 Page 5 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 Manager, Office of Supply Management 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 September 28, 1995 File #178-236 David A. Camper, President Habitat for Humanity in the Roanoke Valley, Inc. 54'1 Luck Avenue, S. W., Suite 310 Roanoke, Virginia 24016 Dear Mr. Camper: I am enclosing copy of Resolution No. 32674-092595 authorizing the City Manager to execute a grant agreement with Habitat for Humanity in the Roanoke Valley, Inc., to provide funding for the Perry Park project, in the amount of $140,000.00, upon certain terms and conditions. Resolution No. 32674-092595 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 25, 1995. Sincerely, Mary F. Parker, CMClAAE City Clerk MFP:$m Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, The 25th day of September, 1995. No. 32674-092595. VIRGINIA, A RESOLUTION authorizing the City Manager to execute a grant agreement with Habitat for Humanity in the Roanoke Valley, Inc., to provide funding for the Perry Park project, upon certain terms and conditions. BE follows: 1. the City IT RESOLVED by the Council of the City of Roanoke as That the City Manager or the Assistant City Manager and Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a grant agreement with Habitat for Humanity in the Roanoke Valley, Inc., such agreement shall provide for the use of HOME funds in the amount of $140,000.00 for the Perry Park project, and be for the purposes and within the limits of the funds appropriated for such project as set forth in the Agreement, all of which shall be in accordance with the recommendations contained in the City Manager's report to this Council dated September 25, 1995. 2. The form of the grant agreement shall be approved by the City Attorney. ATTEST: City Clerk. September 25, 1995 95-191 Honorable Mayor and Member of City Council Roanoke, Virginia Dear Members of Council: Subject: I. Ba~k~,round: Agreement with Habitat for Humanity in the Roanoke Valley, Inc. for HOME Funding for Perry Park Housing Development Habitat for Humanity in the Roanoke Valley, Inc. ("Habitat") is a viable non-profit agency that builds new houses and sells them to low income families. The City has supported Habitat's previous activities by reimbursing it some of its costs with CDBG funds through the Vacant Lot Homesteading Program and agreeing to return City land on Cleveland Avenue SW to the City's donor for redonation to Habitat. Habitat submitted a proposal for HOME fimding for this year to acquire most of a block on 10th Street SW at Norfolk Avenue (Attachment 1) near Perry Park and redevelop it for approximately 20 houses for sale. This area is currently zoned Light Manufacturing and is the highly visible site of several dilapidated buildings and debris. II. Current Situation: City Council annropriated $140,000 of HOME funds for this project, entitled "Habitat Perry Park Project", on June 26, 1995 (Resolution No. 32528-062695 and Budget Ordinance No. 32527-062695). The Consolidated Plan adopted by City Council and approved by HUD includes this project as an activity for this fiscal year. Fundin~ appropriated was to support a "Phase One" of the proiecL involving the acquisition and clearance of the properties generally on the eastern half (10th Street side) of the block. C. Habitat has negotiated to acquire all Phase One properties from a single owner. Contract with Habitat has been developed (Attachment 2), including the following major provisions: Initial funding is for acquisition and clearance of Phase One primarily, with provision for reimbursement of acquisition of additional properties in project area if initial funding allows after Phase One acquisition and clearance. Cost to acquire properties may exceed appraised value but must be determined to be reasonable and just compensation acceptable to the City. September 25, 1995 Page 2 Provision of initial funding does not commit City to provide additional funding for the rest of the project, or to rezone property for residential use, or to approve Habitat's development plans. Habitat must build at least five (5) houses in the Phase One area (,plan is to build 20 in entire project area) and sell them to low-moderate income buyers, on terms typical of Habitat's homes sales. Under current HOME regulations, the low-moderate income buyer will be required to occupy the home for 5 or 10 years (depending on the amount of HOME funds provided per house) or sell the house to another low-moderate income homebuyer, or sell the property back to Habitat for resale. Federal funds provided through the City will be a grant and therefore are not expected to be renaid if the project is developed. If Habitat does not develop the proiect for any reason, Habitat will either: a) transfer properties to another agency to develop appropriate HOME-eligible housing, or b) sell the properties and repay the City all proceeds received from the sale, up to the amount of HOME funds provided. NOTE: All HOME funds must be used for HOME-eligible activities. If the property is not developed for HOME-eligible housing, it will become an ineligible activity, and the City must replace the HOME funds expended on the project. The proceeds received from the resale of the properties likely would be less than the amount of HOME funds the City provided to the project, and Habitat is not liable for any shortfall. In that case, HUD probably will require the City to replace the shortfall, either from CDBG funds, if HUD determines the acquisition and clearance to have been CDBG-eligible so CDBG may replace the shortfall in HOME funds, or from General Funds. HOME funds must be matched at a rate of 12.5%. The match requirement for the appropriated $140,000 therefore is $17,500. Match sources include cash as well as in-kind contributions from non-federal sources, including the value of 0% interest mortgages provided by Habitat to its homebuyers. No outlays of City funds will be needed to meet the match requirement. The availability of matching funds will be verified and documented by the Office of Grants Compliance. III. Issue~: A. Impact on Neighborhood Revitalization B. Cost to the City C. Timing September 25, 1995 Page 3 IV. Alternatives: Authorize the City Manager or the Assistant City Manager to execute and the City Clerk to attest the agreement (Attachment 2) with Habitat for Humanity in the Roanoke Valley, Inc., for the Perry Park project, to be approved as to form by the City Attorney. Imnact on neighborhood revitalization will be very positive. The site is unsightly, has high significance to the neighborhood and is highly visible to traffic on 10th Street SW. Addition of new houses and homeowners to the neighborhood will be a significant contribution to the area's stability. Cost to the City is $140.000 of federal HOME funds initially. Habitat would have to apply for additional HOME or CDBG funds for further acquisitions in the project area, beyond the Phase One area. In addition, there is the possibility of the obligation to use future CDBG funds or General Funds to replace expended HOME funds, if the project is not developed with HOME- eligible housing (see "Note" at lID(5) above). Development of the entire project for 20 houses as planned would produce approximately $800,000 in tax assessment base. Timing, is critical, as seller of Phase One properties has been waiting to sell to Habitat for some months. Habitat cannot acquire properties without commitment of City funds, and further delay may make the properties unacquirable. Do not authorize the City Manager or Assistant City Manager to execute the agreement with Habitat for Humanity for the Perry Park project. Impact on nei~,hborhood revitalization would be negative, as a significant blight to the neighborhood would remain. Cost to the City would be nothing initially. However, potential tax assessment base of approximately $200,000 for a minimum of 5 houses in the Phase One area, or $800,000 for 20 new houses in the entire project would not be realized. The $140,000 of HOME funds would be available for allocation to other eligible activities, through amendment to the approved Consolidated Plan.. Timing would not be an issue. However, Habitat should be notified promptly that the City will not support the project, so Habitat can release any claim to the properties. September 25, 1995 Page 4 V. Recommendation: Concur in Alternative A, thereby authorizing the City Manager or the Assistant City MsnsEer to execute and the City Clerk to attest the agreement (Attachment 2) with Habitat for Humanity in the Roanoke Valley, Inc., for the Perry Park project, to be approved as to form by the City Attorney. Respectfully submitted, City Manager Attachments (2) WRH/hdp(perryprk.cr) Assistant City Manager City Attorney Director of Finance Director of Public Works Building Commissioner Chief, Office of Community Planning and Development Housing Development Coordinator Office of Grants Compliance President, Habitat for Humanity in the Roanoke Valley, Inc. ATTACHMENT 1 ATTACHi~ENT 2 AGREEMENT This Agreement is made and entered into this 1995, by and between the following parties: __day of , The Grantee City of Roanoke, Virginia 215 Church Avenue, S.W. Roanoke, Virginia 24011 The Subgrantee Habitat for Humanity in the Roanoke Valley, Inc. 541 Luck Avenue, Suite 310 Roanoke, Virginia 24016 WITNES$ ETH: WHEREAS, the Roanoke City Council approved by Resolution No. 32528-062695 the 1995 HOME Investment Partnership (HOME) program, and by Ordinance No. 32527-062695 appropriated funds therefor; and WHEREAS, the Roanoke City Council on , 1995, approved by Resolution No. __- the execution of a subgrant agreement between the City .of Roanoke (the "Grantee") and Habitat for Humanity in the Roanoke Valley, Inc. (the "Subgrantee"); and WHEREAS, Subgrantee is experienced in providing services to and on behalf of low income citizens; NOW, THEREFORE, the parties hereto mutually agree as follows: USE OF HOME FUNDS: Project Area: The Subgrantee shall acquire, clear and redevelop the block bounded by Norfolk Avenue, SW, on the south, 11th Street, SW, on the west, Jackson Avenue, SW, on the north, and 10th Street, SW, on the east, with the exceptions of 1011, 1013 and 1015 Norfolk Avenue, SW, designated as Official Tax Map Nos. 1110122, 1110126, and 1110121, respectively ("Project Area"). Official Tax Map NOS. 1110111, 1110112, 1110113, 1110114, 1110123, 1110124 and 1110131 shall comprise Phase I, and Official Tax Map Nos. 1110101, 1110102, 1110103, 1110104, 1110105, 1110106, 1110107, 1110108, 1110109, 1110110, 1110115, 1110116, 1110117, 1110118, 1110119, 1110120, 1110125, 1110127, 1110128 and 1110130 shall comprise Phase II. Acquisitions: The Subgrantee shall acquire and clear Phase I by December 31, 1996. The acquisition of any of said lots shall be for Just compensation and shall be at a price approved by the Office of Grants Compliance. The clearing of any of said lots shall Include the removal of all buildings, structures, debris and building materials. Acquisition Costs: Prior to the acquisition of any lot in the Project Area, Subgrantee shall request an allocation of HOME funds equal to the cost of acquisition. The cost of acquisition shall be limited to Just compensation for said lot, and all closing costs, deed preparation, title examination and insurance, attorney's fees up to $500.00, and survey fees. Timing of Acquisitions: The reimbursement for acquisition of any lot outside Phase I shall not occur until all lots in Phase I have been acquired and cleared. Compliance with Law: The Subgrantee shall comply with all applicable federal and state laws and regulations regarding acquisitions. The Subgrantee shall advise the Grantee's Housing Development Office of progress in all negotiations for the acquisition of any lot in the Project Area. Submittal of Application: The Subgrantee shall submit an application for any funding from the Grantee to continue acquisition of properties within the Project Area. The Grantee does not warrant that it will make any funds available for any application. Funding: Subject to the terms and conditions of this Agreement, the Grantee shall provide HOME funds in the amount of $140,000.00 for the acquisition, clearing and development of the lots within the Project Area, in accordance with the procedure below: (i) The Subgrantee shall request HOME funds from the Office of Housing Development upon reaching an agreement to purchase any lot within the Project Area for Just compensation. (ii) Upon the Subgrantee's requesting HOME funds from the Office of Housing Development, and upon the Grantee's determination that the lot is being acquired for Just compensation, the Grantee shall forward HOME funds, made available to Grantee for such purpose, to Subgrantee for said acquisition. (iii)Funding from the Grantee shall be limited to HOME funds as allocated by City Council for the Project Area. (iv) The clearance of any lot within the Project Area shall be performed by Subgrantee in accordance with all applicable local, state and federal laws and regulations. Clearance shall include removal of all buildings, structures, debris, building materials and maintenance of the lot. Payment for expenses incurred in connection with the clearing or development of any lot within the Project Area shall be on a reimbursement basis. Local Development Regulations: Prior to developing any lot within Phase I, the Subgrantee shall ensure that all of the lots. within Phase I are zoned for residential use. In addition, prior to developing any lot within Phase I, Subgrantee shall file and receive approval of all required subdivision plats, street and alley closure petitions, and comprehensive plans of development, and take any other action needed to obtain a zoning permit and a building permit. By executing this Agreement, the Grantee is not committed to approving any rezoning request, subdivision plat, street or alley closure petition, or comprehensive plan of development, or approving any other request needed to obtain a zoning permit or a building permit. Prior to developing any lot within Phase II, Subgrantee shall ensure that all of the lots within Phase II are zoned for residential use, and shall file and receive approval of all required subdivision plats, street and alley closure petitions, and comprehensive plans of development, and take any other action needed to obtain a zoning permit and a building permit. By executing this Agreement, the Grantee is not committed to approving any rezoning request, subdivision plat, street or alley closure petition, or comprehensive plan of development, or approving any other request needed to obtain a zoning permit or a building permit· Compliance with Law: The Subgrantee shall abide by all state and federal laws and regulations in the acquisition, clearing and development of any lot within the Project Area. Construction and Sale of Homes: Upon acquisition and clearance of all lots within Phase I, and upon the issuance of appropriate zoning permits and building permits, the Subgrantee shall construct at least five (5) dwelling units within Phase I, as specified in plans approved by the City pursuant to Paragraph No. l(h) of this Agreement· Upon acquisition and clearance of all lots within Phase II, and upon the issuance of appropriate zoning permits and building permits, the Subgrantee shall construct at least five (5) dwelling units within Phase II, as specified in plans approved by the City pursuant to Paragraph No. l(h) of this Agreement· 3 Each dwelling unit constructed within the Project Area by the Subgrantee shall be sold to a homebuyer with an income not exceeding eighty percent (80%) of the area medium income as established by the Housing and Urban Development ("HUD"). The price of each dwelling unit constructed within the Project Area by Subgrantee shall be no more than any other comparable dwelling unit constructed by Subgrantee in the same calendar year outside the Project Area. The terms of the sale of each dwelling unit by the Subgrantee shall require occupancy by the owner and shall restrict resale of the home in accordance with 24 CFR 92.254 and 24 CFR 92.258, and other applicable state and federal laws governing the use of HOME funds. Said terms shall be contained withln.a deed, deed of trust, grant agreement, or other instrument approved by the Office of Grants Compliance. TIME OF PERFORMANCE: This Agreement shall be for a period beginning July 1,,1995, and ending upon the expiration of the required period of resale restriction and affordabllity required by 24 CFR 92.254 and other provisions of applicable federal law and regulations, unless otherwise terminated in accordance with this Agreement. In no event shall this Agreement extend beyond , 19 The required period of resale restriction and affordabllity required by 24 CFR 92.254 and other provisions of applicable federal law and regulations shall survive termination of this Agreement. DOCUMENTATION OF DONATED ITEMS: The Subgrantee shall identify and document the value of all donated funds, materials, labor, mortgage loans made to bom. buyers, and forward appropriate documentation of such donated items to the Office of Grants Compliance within thirty (30) days of receipt. TRANSFER OR LIQUIDATION OF ASSETS· If the Subgrantee does not acquire all lots within Phase I by December 31, 1996, or if the Subgrantee does not complete construction of all dwelling units in Phase I referred to in Paragraph No. l(J) and transfer them to qualified buyers ~y December 31, 1997, for any reason whatsoever, including the Grantee's failure to rezone the property, approve a subdivision plat or comprehensive plan of development, or issue any permit, or the Grantee's decision to withhold funding for Subgrantee's activities, the Subgrantee shall either: (a) transfer at no cost all properties acquired with Grantee funds to an agency approved by the City Manager for the Grantee to undertake an acceptable affordable housing development and ellgible for 4 10. HOME funding; or (b) sell all properties acquired with Grantee's funds for fair market value approved by the City Manager for the Grantee and reimburse the Grantee for all HOME funds expended, up to the proceeds of the sale. REQUEST FOR REIMBURSEMENT: Subgrantee shall submit all requests for reimbursement to the Grantee's Housing Development Office· Each request will be accompanied by appropriate documentation of expenses incurred, said documentation to be acceptable to the Grantee's Housing Development Office· Subject to the terms and conditions of this Agreement, Grantee shall reimburse Subgrantee for all expenses for which reimbursement is sought within fifteen (15) days of receipt of appropriate documentation acceptable to Grantee. HOME MATCH CONTRIBUTIONS: Funds drawn from the Grantee's HOME Investment Trust Fund must be matched in accordance with the requirements contained in 24 CFR 92.218 through 92.222. The Subgrantee acknowledges that the value of certain aspects of its activities on the project may qualify to be counted toward the match requirement. The Subgrantee agrees to cooperate and coordinate with the Grantee's Office of Grants Compliance to identify and document these activities so that the Grantee may count them as match. These activities may include, but not be limited to, donated materials and labor and the value of mortgage loans made to homebuyers. PROGRAM INCOME: The Grantee's allocation of funding to the project is a grant, such that no repayment is intended if the project is implemented as provided. No program income is expected to be generated by the Subgrantee from the HOME funds provided. Program income does not include proceeds from fund- raising activities carried out by the Subgrantee. Any program income which does result shall be remitted to the Grantee in accordance with Section 9 below. AFFORDABILITY: The Subgrantee shall monitor all HOME-assisted properties to ensure compliance with affordability requirements as set forth in 24 CFR 92.254 and 24 CFR 92.258. Monitoring procedures of the Subgrantee must be in accordance with HUD regulations. REPAYMENTS: All repayments, interest and other return on the investment of HOME funds shall be returned to the Grantee within 15 days of receipt by the Subgrantee. UNIFORM ADMINISTRATIVE EEQUIREMENTS~ The Subgrantee shall comply with applicable uniform administrative requirements for programs as set forth in 24 CFR 92.505. 5 11. 12. 13. 14. 15. 16. PROJECT REQUIREMENTS= The Subgrantee shall comply with project requirements detailed in Subpart F of 24 CFR part 92, as applicable, in accordance with the type of project assisted. OTHER PROGRAM REQUIREMENTS: The Subgrantee shall carry out each activity in compliance with all federal laws and regulations described in subpart H of 24 CFR 92, except that the Subgrantee does not assume the Grantee's respOnsibilities for environmental review in 24 CFR 92.352 or the intergovernmental review process in 24 CFR 92.359. All proposals for HOME-assisted clearing or demolition in the City shall be submitted to the Grantee's Office of Grants Compliance for determination of the structure's eligibility for inclusion on the National Register of Historic Places. If property is historically eligible, all project plans and specifications will be submitted to the Grantee's Office of Grants Compliance for review as to compliance with Section 106 of the National Historic Preservation Act. AFFIRMATIVE MARKETING: The Subgrantee shall engage in affirmative marketing responsibilities as set forth in 24 CFR 92.351. CONDITIONS FOR RELIGIOUS ORGANIZATIONS: The Subgrantee shall not grant or loan any HOME funds to primarily religious organizations for any activity including secular activities. In addition, HOME funds may not be used to rehabilitate or construct housing owned by primarily religious organizations or to assist primarily religious organizations in acquiring housing. In particular, there shall be no religious or membership criteria for buyers of any HOME-assisted properties. REVERSION OF ASSETS: Upon expiration of this Agreement, the Subgrantee must transfer to the Grantee any HOME funds on hand at the time of expiration and any accounts receivable attributable to the use of HOME funds. RECORDS AND REPORTS: a. Pro~ect records to be maintained: At a minimum, for each project assisted with HOME funds under this Agreement, the Subgrantee shall maintain documents and records which evidence: (1) that each project complies with the property standards of 24 CFR 92.251. (2) that each rental housing project complies with the requirements of 24 CFR 92.252 for the required (3) period of affordabllity. Records must be kept for each family assisted. that tenant and participant protections comply with the requirements of 24 CFR 92.253. (4) that each homeownership project complies with the requirements of 24 CFR 92.254 for affordablllty, including the initial purchase price and appraised value (after rehabilitation, if required) of the property. Records must be kept for each family assisted. (5) whether the project is mixed-income, mixed-use, or both, in accordance with 24 CFR 92.255 or 24 CFR 92.256. (6) that, consistent with 24 CFR 91.225(d)(3), the Subgrantee has evaluated each housing project and has not invested any more HOME funds in combination with other federal assistance than necessary to provide affordable housing. Period of record retention: Except as provided in paragraph (1), (2), or (3) of this section, records must be retained for three years after closeout of the funds. (1) In the event of any litigation, claim, negotiation, audit, or other action, records must be retained until completion of the action and resolution of all issues which arise from it or until the end of the three-year period, whichever is later. (2) Records under 24 CFR part 92, subparts F and H, regarding project requirements and other requirements that apply for the duration of the period of affordabllity (24 CFR 92.350, 92.351, and 92.358), as well as the written agreement and inspection and monitoring reports, must be retained for three years after the required period of affordability specified in 24 CFR 92.252 or 24 CFR 92.254, as applicable. (3) Records covering displacements and acquisition must be retained for at least three years after the date by which all persons displaced from the property and all persons whose property is acquired for the project have received the final payment to which they are entitled in accordance with 24 CFR 92.353. 7 Access to records: The Grantee, HUD and the Comptroller General of the United States, or any of their representatives, have the right of access to any pertinent books, documents, papers and other records of the Subgrantee in order to make audits, examinations, excerpts, and transcripts. Citizens, public agencies, and other interested parties must be provided with reasonable access to records, consistent w~th applicable state and local laws regarding privacy and obligations of confidentiality. 17. ENFORCEMENT OF THE AGREEMENT= In addition to its remedies at law or in equity, in accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Subgrantee materially falls to comply with any term of the Agreement. This Agreement may also be terminated for convenience in accordance with 24 CFR 85.44. The affordabllity provisions referenced in Paragraph l(J)(c) of this Agreement shall be enforced by written covenant between the Subgrantee and homebuyers as a condition of sale or participation in the HOME program. Covenants shall be recorded with the property deeds and deeds of trust. The form of such covenants are subject to approval by the Grantee. If affordability provisions are not met, the HOME subsidy shall be repaid to the Grantee within fifteen (15) days after the date on which the affordabllit¥ provisions have not been met. 18. DURATION OF THE AGREEMENT: For the purposes of monitoring affordabilit¥ by the Subgrantee, this Agreement shall be in effect through the latest date on which any housing unit assisted with HOME funds under this Agreement is subject to the affordability requirements of 24 CFR 92.252, 92.254 or 92.258, as applicable. However, should the Grantee fail to provide the Subgrantee funding for such monitoring pursuant to this or any other agreement with Subgrantee, the monitoring and record keeping requirements of this Agreement shall revert to Grantee. In the event of such reversion, the Subgrantee shall promptly provide to Grantee all records and documents in the Subgrantee's possession necessary to effect such monitoring. 19. MONITORING: Not less than annually, the Grantee shall review the Subgrantee~s performance under the terms, conditions and expectations of this Agreement, and compliance with applicable local state and federal statutes, regulations, policies and procedures. 20. ANNUAL AUDIT/MONITORING: The Subgrantee shall provide for an independent, annual audit of all HOME expenditures under this Agreement, in accordance with Circular A-133. Two copies of the audit report shall be furnished to the Grantee within 30 21. 22. 23. days after completion of the audit. In addition, the Grantee may perform quarterly monitoring visits to verify the Subgrantee's performance from a financial and compliance auditing perspective during the period covered by this Agreement. THIRD-PARTY AGREEMENTS: The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee. INDEMNITY: The Subgrantee agrees to indemnify and hold harmless the Grantee, its officers, agents and employees, from any and all claims, liability, causes of actions, suits of any nature, costs, expenses, including reasonable attorney's fees resulting from or arising out of the Subgrantee's acts, including, but not limited to, Subgrantee's intentional or negligent acts or omissions in providing the services under this Agreement including without limitation, fines and penalties, violation of federal, state or local laws, or regulations promulgated thereunder, personal injury, wrongful death or property damage claims. CONFLICT OF INTEREST: NO employee, agent, consultant, officer or appointed official of the Subgrantee, who is in a position to participate in a decision-making process or gain inside information with regard to any HOME activities, may obtain a personal or financial interest in or benefit from any of the activities, or have an interest in any Agreement, subagreement or agreement with respect thereto, or in the proceeds thereunder, either for themselves, their family or business associates, during their tenure or for one (1) year thereafter. 24. SUCCESSORS= This Agreement shall be binding upon each of the parties, and their assigns, purchasers, trustees, and successors. 25. 26. AMENDMENTS: This Agreement, including any Attachments and Exhibits, represents the entire agreement between the parties, which shall not be modified, amended, altered or changed, except by written agreement executed by the parties. GOVERNXN~ LA#~ This Agreement shall be governed by laws of the Commonwealth of Virginia. 27. AVAILABILITY OF FUNDS~ Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME) and/or Emergency Shelter Grant (ESG) funding, as applicable, to be made available by the Grantee under this Agreement is contingent upon necessary appropriations b y the U.S. Congress. In the event that sufficient funds are not appropriated, at the sole discretion of the Grantee, this Agreement may be terminated in whole or in part. 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove written: ATTEST: CITY OF ROANOKE By Mary F. Parker, City Clerk By W. Robert Herbert, City Manager ATTEST: HABITAT FOR HUMANITY IN THE ROANOKE VALLEY, INC. By By David A Camper, President APPROVED AS TO HOME ELIGIBILITY APPROVED AS TO FORM office of Grants Compliance APPROVED AS TO EXECUTION Assistant City Attorney APPROVED AS TO FUNDS AVAILABLE Assistant City Attorney Director of Finance Date Acct.# 035-052-5303-5316 ($***) 10 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 September 28, 1995 File #72-326-335-353 Terry Winbome, Chairperson Fifth Planning District Disability Services Board 313 Luck Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Winbome: I am enclosing copy of Resolution No. 32675-092595 authorizing the Mayor to execute the Joint Exercise of Powers Agreement for the Fifth Planning District Disability Services Board; and designating the Director of Finance as the fiscal agent for the Fifth Planning District Disability Services Board. Resolution No. 32675-092595 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 25, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: James D. Grisso, Director of Finance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1995. No. 32675-092595. A RESOLUTION authorizing the Mayor to execute the Joint Exercise of Powers Agreement for the Fifth Planning District Disability Services Board; and designating the Director of Finance as the fiscal agent for the Fifth Planning District Disability Services Board. BE 1. City to IT RESOLVED by the Council of the City of Roanoke that: The Mayor is hereby authorized for and on behalf of the execute the Joint Exercise of Powers Agreement for the Fifth Planning District Disability Services Board as more particularly described in the report to Council dated September 25, 1995. 2. The Director of Finance is hereby designated and authorized to serve as the fiscal agent to receive, deposit and account for funds made available to the Fifth Planning District Disability Services Board. 3. The City Clerk is directed to forward an attested copy of this resolution to Terry Winborne, Chairman, Fifth Planning District Disability Services Board. ATTEST: City Clerk. September 25, 95 - 516 1995 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Members of Council: SUBJECTs REGIONAL DIS~%BILITY SERVICES BO~RD - JOINT EXERCISE OF POWERS AGRBF~fENT ~ EST~BLIS~ENT OF RO~OKE CITY AS FISC~ AG~ I. BACKGROUND Section 51.5-47 of the Code of Virainia provides for local governments, either singly or in combination with other localities to establish local disability services boards. Be In 1992, Council resolved to establish a reqiona] disability services board in the Fifth Planning District. The 5th District Disability Services Board (DSB) is responsible to local governments and serves as a critical resource for needs assessment, information sharing and service opportunities. It completed a report identifying the most critical needs of citizens with disabilities in 1993. De The followinq Jurisdictions in the Fifth Planning District have enacted resolutions establishing their participation in a regional effort and have appointed a local official to serve. City of Roanoke Town of Vinton Roanoke County City of Salem City of Covington Craig County Botetourt County City of Clifton Forge Allegany County Other members of the DSB include representatives from business and consumers. ~ort is provided by the Commonwealth of Virginia Department of Rehabilitative Services. II. CURRENT SITUATION ae Funds from the State Rehabilitative Services Incentivn FundR__/_~ will be allocated to disability services board throughout the state based on a population formula. The RSIF short-term, non-renewable, stimulus funding designed to promote investment in meeting the needs of individuals with physical and sensory disabilities. The Fifth District DSB has received notification that it will be allocated $25,290.00 from the RSIF upon acceptance of a formal application. An application was submitted to the state by the DSB on April 28, 1995. Ce Each of the DarticiDatin~ aaencies will provide local matching funds for this grant. No local match will be required. The DSB solicited proposals for the use of the funds prior to completing the application. Seven proposals were received and reviewed. The DSB anticipates that the following agencies will receive funding: Easter Seal Society (Bogardus Project) $4,450 Blue Ridge Independent Living Center (Family Support and Peer Counseling) $ 20,840 Ee A fiscal a ent is needed to administer these funds on behalf of the 5th Planning District Disability Services Board. A formal a~reement between the participating localities establishing the Fifth Planning District Disability Services Board must be executed by all jurisdictions. III. ISSUES A. Cost B. Services To Citizens IV. ALTERNATIVES City Council authorize the Mayor to execute the Joint Exercise of Powers Agreement for the Fifth Planning District Disability Services Board and authorize the Director of Finance to serve as the fiscal agent for the 5th Planning District Disabilities Services Board. Cost. The city would not incur any additional financial burden. Staff time needed to administer the funds would be minimal and could be absorbed by existing staff. Services To Citizens. The quality of certain services to disabled citizens will be expanded and enhanced by the programs proposed to be funding by the Rehabilitative Services Incentive Fund. Be City Council does not authorize the Mayor to execute the Joint Exercise of Powers Agreement for the Fifth Planning District Disability Services Board and does not authorize the Director of Finance to serve as the fiscal agent for the 5th Planning District Disabilities Services Board. 1. Cost. Cost would not be an issue. Services To Citizens. Establishment of a fiscal agent and execution of the Joint Exercise of Powers Agreement is necessary to receive Rehabilitative Services Incentive Funds. Funding to the 5th Planning District DSB may be reconsidered, thus, eliminating funding to the local programs if Joint Exercise of Powers is not executed. RECOMMENDATION City Council resolve to concur with Alternative "A" above and authorize the Mayor to execute the Joint Exercise of Powers Agreement for the Fifth Planning District Disability Services Board and authorize the Director of Finance to serve as the fiscal agent for the 5th Planning District Disabilities Services Board. Respectfully submitted, City Manager CC: James D. Grisso, Director of Finance Wiburn C. Dibling, City Attorney Glenn D. Radcliffe, Director of Human Development Donna S. Norvelle, Human Development Coordinator Terry Winborne, Chairman, 5th Planning District Services Board Disability Joint Exercise of Powers Agreement for the Fifth District Disability Services Board There is hereby created by the counties of Allegheny, Botetourt, Craig and Roanoke, the Town of Vinton, and the cities of Roanoke, Salem, Covington and Clifton Forge the Fifth Planning District Disability Services Board which shall exist under and be subject to the terms and conditions of this Agreement and shall be deemed to constitute that Agreement required by section 15.1-21, Code of Virginia as amended for the Joint Exercise of the Powers of participating local governments. Section I. Duration The Fifth Planning District Disability Services Board and this Agreement shall exsist in perpetuity, subject, however, to dissolution and amendment under one of the following conditions: 1. At any time by agreement of the governing bodies of the participants therein. In the event the governing body of any participating jurisdiction desires to withdraw, it may do so provided it has given twelve months notice to each of the participating jurisdictions. Such notice shall be in writing This agreement may be amended by the concurrence of the governing bodies of all of the member local governments. Section II. Purpose The purposes for which the Fifth Planning District Disability Services Board is created are: To serve as the local Disability Services Board for the participating jurisdictions as specified in section 51.5-47 through 51.5-52 of the Code of Virginia and as provided for in the Guidelines for the Establishment of Local Disability Services Boards developed by the Commonwealth of Virginia Disability Services Council; To provide input to state agencies on service needs and priorities of persons with physical and sensory disabilities; To provide information and resource referral to local governments regarding the Americans with Disabilities Act; To provide such other assistance and advice to local governments as may be requested. Section III. Manner of Financing Staff support will be provided by the Commonwealth of Virginia Department of Rehabilitative Services with appropriate consultation from the Department for the Visually Handicapped and the Department for the Deaf and Hard-of-Heating Localities participating in this agreement may provide supplemental staff support to the Disability Services Board. Supplemental staffwiil be financed by the participating localities. Board expenditures, as defined, will be reimbursed to the extent of general fund appropriations. Such appropriations for the support of Disability Services Boards will be administered through the Commonwealth of Virginia Department of Rehabilitative Services. As specified in Section 51.5-50 of the Code of Virginia incentive funds may be appropriated by the General Assembly and administered in accordance with guidelines established by the Disability Services Council. The authority and responsibilities regarding incentive funds of the Council, Department of Rehabilitative Services, Disability Se~ices Boards and local jurisdictions are addressed in Section 51.5-48 (6) and (7) through 51.5- 51 of the Code of Virginia. Establishment and use of incentive funds by the Disability Services Board will be within these specified parameters. As specified in Section 51.5-49 (B) (2) of the Code of Virginia the Disability Services Council shall develop a grant allocation system which requires a local match and annual guidelines for the grant applications for the state rehabilitative services incentive fund. The local match may be either public or private funds, or a combination, but in-kind contributions shall not be considered in the local match unless specifically approved by the Council. The initial guidelines shall be developed by November 1, 1993. The Department of Rehabilitative Services shall distribute the guidelines to the boards annually. As specified in Section 51.5-50 (A) a state rehabilitative services incentive fund shall be established in and administered by the Department of Rehabilitative Services to meet programmatic and individual recipient needs not otherwise met through existing federal, state, or local programs, and to develop community programs to meet the needs of persons with physical and sensory disabilities. Local disability services boards electing to apply for a grant from the fund shall submit their grant proposals to the Department. The Department is authorized to make grants for programs and services for persons with physical and sensory disabilities to boards whose grant applications comply with the guidelines developed by the Disability Services Council. As specified in Section 51.5-51, local disability services boards may establish a local rehabilitative services incentive fund and may make expenditures from such fund to meet programmatic and individual recipient needs not otherwise met through existing federal, state, or local programs and to develop community programs to meet the needs of persons with physical and sensory disabilities. The availability of this local fund shall not be taken into consideration in, nor used to reduce, state or local appropriations or payments. Application for disability services incentive funds, when appropriated by the General Assembly, is at local option. The Disability Services Board does not have the authority to obligate the member jurisdictions in an amount greater than the funding approved by the said member jurisdictions. Commitment of local funds will be in writing. Methods of funding, extent of obligations to be incurred, and local financial participation shall be as set forth in the approved expenditure plan. If Rehabilitative Services Incentive Funds are received by the Disability Services Board, such funds will be administered through the City of Roanoke which is the designated fiscal agent in accordance with the approved expenditure plan as specified in the grant. Localities participating in this Agreement shall not be mandated to fund any recommendations made by the Disability Services Board. Section IV. Organization and Composition The Fifth Planning District Disability Services Board will consist of a maximum of fifteen members including at least one local official from each of the participating jurisdictions, two representatives of the business community, and consumers. The Disability Services Board will have no less than thirty percent representation by individuals or family members of individuals with physical, visual, or hearing disabilities. A family member is considered to be a parent, grandparent, sibling, or other related individual who resides with the individual with a physical, visual or heating disability. All members will serve a three year term, one-third rotating off each year. The Chair of the Board may be elected at a regular meeting of the Board by a majority vote of the members present. The term of office for the Chair of the Board shall be for one year. The Chair may be re-elected in the manner described above to succeed him/herself in office for one additional year, or provided the total consecutive tenure does not exceed 3 years. 2. The Board may make such rules of procedurc as it shall deem necessary and proper for the conduct of its business not inconsistent with this Agreement and shall hold meetings quarterly. Meetings shall be conducted in conformance with the Virginia Freedom of Information Act. 3. The Disability Services Board will be provided staff support by the Commonwealth of Virginia Department of Rehabilitative Services with appropriate consultation from the Department for the Visually Handicapped and the Department for the Deaf and Hard-of- Hearing. Localities may provide supplemental staff support to the Board. Section V. Duties of the Board Subject to the limitations contained in this Agreement and the Operating Procedures adopted by the Disability Services Board, the Disability Services Board shall have all lawful powers conferred by this instrument and shall conduct and control the general policies and directions of the Firth Planning District Disability Services Board as specified in Section 51.5-47 through 51.5-52 of the Code of Virginia. In accordance with the Code of Virginia the duties of the Disability Services Board are to~ Assess the local service needs and advise the appropriate state and local agencies serving persons with physical and sensory disabilities of their findings; Develop and make available for public comment a report with a six-year projection of local service needs and priorities for persons with physical and sensory disabilities in accordance with state guidelines. The first report shall be submitted by June 1, 1993. Obtain input from local public and private service providers and utilize such information in the development of the report. Review and update the report biennially. Serve as a catalyst for the development of public and private funding sources. Develop requests to the rehabilitative services incentive fund when local funding for match is identified. Administer the incentive funds, if received, through a designated fiscal agem in accordance with an approved expenditure plan as specified within the grant. Exchange information with other DSBs and local organizations within the community regarding services to persons with physical and sensory disabilities and best practices in the delivery of services. The DSB will provide input to state agencies on service needs and priorities of persons with physical and sensory disabilities. The DSB will provide information and resource referral to local governments on the Americans with Disabilities Act (ADA). The Board shall file an annual report of its activities with the governing bodies of the participating jurisdictions in a manner, time and form agreeable to said members. Section VI. Administrative Authority of the Board 1. To make application for and to accept grants of money, materials, at any time from any private of charitable source, or the Virginia State Government or any agency or instrument thereof. The Disability Services Board will not provide direct client services nor employ stalTfor that purpose. 2. To make and enter into contracts or agreements within the limits of funds appropriated for the purpose as it may determine are necessary to the performance of its duties and to the execution of the powers granted under this Agreement. 3. To adopt procedural rules necessary to conduct business. 4. To provide for liability and insurance as needed. 5. To perform any acts and undertakings authorized by this Agreement through or by means of its officers or agents, or by contracts with other persons, firms or corporations. Section VII. Termination Termination of this cooperative endeavor shall occur only as provided for in Section I. In the event this Agreement is terminated, payment and/or credit for the furnishing and use of real property owned by a participant shall be adjusted to the date of termination. All property shall be scheduled and valued by or at the direction of the Disability Services Board and distributed in kind to the participants as nearly as is feasible in the same proportion as they contributed to acquiring it; provided, however, that one or more participants may purchase the interest of one or more others in the property. Section VIII. Miscellaneous This Agreement shall be approved and effective in their respective jurisdictions upon passage by the participating jurisdictions by resolutions of their respective governing bodies. IN WITNESS WHEREOF, the member jurisdictions have caused their names to be signed and attested by their duly authorized officials. ATTEST: Clerk ATTEST: Clerk ATTEST: Clerk ATTEST: Clerk CITY OF ROANOKE Mayor COUNTY OF ROANOKE Chair, Board of Supervisors CITY OF SALEM Mayor CITY OF COVINGTON Mayor ATTEST: ATTEST: Cle~ ATTEST: TOWN OF VINTON Mayor Clerk TOWN OF CLIFTON FORGE Clerk Mayor COUNTY OF CRAIG Chair, Board of Supervisors ATTEST: Clerk COUNTY OF ALLEGHANY Chair, Board of Supervisors COUNTY OF BOTETOURT Chair, Board of Supervisors ATTEST: Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 25th day of September, 1995. No. 32676-092595. 1995-96 General emergency. WHEREAS, Government of the exist. AN ORDINANCE to amend and reordain certain sections of the Fund Appropriations, and providing for an for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1995-96 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in.part: General Fund Appropriations Public Safety Juvenile Detention Home (1) ........................ Youth Haven I (2) .................................. Crisis Intervention (3) ............................ Family Oriented Group Home (FOGH) (4) .............. 35,861,999 830,126 417,874 426,765 82,879 Fund Balance Capital Maintenance and Equipment Replacement Program - City Unappropriated (5) .................. $ 4,710,766 1) USDA - Expenditures(001-054-3320-3000) $ 14,627 2) USDA - Expenditures(001-054-3350-3000) 514 3) USDA - Expenditures(001-054-3360-3000) 7,781 4) Purchased Services (001-054-3361-3160) 50,920 5) CMERP - City Unappropriated (001-3323) (73,842) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect.from its passage. ATTEST: this city Clerk. Roanoke, Virginia September 25, 1.995 Th~ Honorable ~4ayor and Members of City Council Roanoke, ~ 1F~lnla MaioF and Hembet's of Counc []: SUBJECT: Carry-over of Funds Yeac 1994-95 Budget Previous ly Appropriated in Fiscal !. B~(K ~ROUYE Ao City of Roanoke receives funds from the Department of Youth and Family Services to admiuister a Family Oriented Group Homes (FOGH) program for local children in need of therapeutic residential placement while remaining in their parents' custody. The proq~am [s adminis~eued throuqh the CcisJs Intervention Cen~er and is known as the Sanctuary- FOGH program. 7urrently there are two EOGH homes open. United States Department of Aqriculture (USDA) provides funding through the Virginia Department of Youth & Family Services to enhance the R~od service program of Crisis Intervention Center (Sanctuary), Youth Haven i and the J~Jv~ni]e Detent ion Home. The USDA has allowed funcls not spent at the end o[ the fiscal year to be carried forward to the next fiscal year. Fer Fiscal Year 1994-95, the following USDA revenue estimate amounts were included in the operating budget s: Crisis Intervention Clenter Youth Haven I Juvenile Detent ion Home TOTAL $ 1,377 2,844 213,105 27,326 USDA FUNDS for' the Fourth Quat't~r Fiscal Year 1994- 1995 and First, Second, T}]ird and Fourth Quarters of Fisca] Year 1994-1995 have been received by the City of Roanoke for the facilities, as follows: %etna] Rev. Expend{Lures Carry Received & Encumbrances for 95-96 Cr[s{s Intervention Ctr. 8,850 1,069 7,78] Youth Haven I 3,374 2,860 514 Juvenile Detention Home 35,979 21,352 14,627 48,203 25,281 22, Q22 City Council action is needed fo appropriate the additional fundinq to the departments. II. CURRE~ T SITUATION III . The year-end unoblJqated balance for the FOGH program for Fiscal year ]994-95 was $50,920. The Code of Virginia Section 16.] .322 allows localities to carry forward unspent balances at fiscal year-end t;o be utilized for ju~ enile programs. B o The USDA year-end unobliqated balance for the thuee juvenile programs for the 1994-95 FY was $22,922. The Dept. of Youth & Family Services policy allows localities to carry forward unspent balances at fiscal year-end to be utilized for juvenile ISSUES Bedspace--an increased need for therapeutic placement exists in the community. A wa;ting list of six to thirty children often exists for placement at the Crisis Intervention Center. Current programs do not provide for ali adolescents in need of services. Budqet_- food service and planned purchase~ of equipment to process meals for the youth at fhe three juvenile programs will be accemptished. IV. ALTERNATIVES A o City Council authorize the appropriation of funcling from tile yeau-end unobligated fund balance of fiscal year 94- 95 for the Sanctuary FOC;H program and USDA a~'~'nunts for the three juvenile programs. 1. Bedspace- increased bedspace wit] be available to adolescents and the human services deliver!? system through the FOGH Program. Budget- all funds have been received by the City. Tile USDA funds will be available to the three juvenile programs to be used for expend.ttures for FY95-96. B. City Council does not ~-~uthorize the appropriation of fu~/ding from the year-end unobligated balance off fiscal year 94-95 for the Sanctuary FOGH prog~-am. Bedspace- a waihin9 !lst will cont inu~ at the Crisis Intervention Center and some adolescents will not be served. 6~:dget- Food services and equipment purchases would not be accomplished for the three juvenile pr~grams. RECOMMENDATIONS Ao City Council concur with Alternative "A" and appropriate $50,920 for use by the Sanctuary FOGH program (Account 001 054 3361 3160) and appropriate $22,922 for use by the three j~venJle programs. United States Department of Aqric~lt~re 001-054-3360-3000 001-054-3350-3000 001-054-3320-3000 $ 7,781 514 14,627 22,922 Respectfully Submitted · W. Rebert Herbert Glenn D. Radcliffe, Director of Human Devel,~pment Wilburn C. Dib[ing, City Attorney games Grisso, Director of Finance Diane Akers, Budget Administrator September 25, 1995 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance August Financial Report This financial report covers the first two months of the 1995-96 fiscal year. The following narrative discusses revenue and expenditure trends to date. REVENUE Total General Fund revenues reflect a decrease of 23.5% or $2,289,000 over fiscal year 1995 through August, primarily due to timing differences in the receipt of certain revenue. Variances in specific categories of revenue are as follows: General Property Taxes are $956,000 or 36.52% below those of FY95 due to timing differences in payments of escrowed real estate taxes by financial institutions. The real estate revenue should become more comparable over succeeding months as the October 5th due date approaches. Other Local Taxes are up $95,000 due to increased transient room and prepared food and beverage taxes. These taxes have been aided by the opening of the Hotel Roanoke and Conference Center and are indicative of growth in the local economy. Permits, Fees and Licenses are down 17.32% or $22,000. This is due to less inspection fees for plumbing, heating, and elevator equipment. Fines and Forfeitures have increased 19.23% due to increased parking ticket and no decal ticket revenue. This revenue is likely to level over the course of the fiscal year. Rents and Interest have increased $31,000 or 21.11% due to increased interest earnings. Rate increases have contributed to this as well as higher average daily cash balances held in interest bearing accounts. Grants-in-Aid Commonwealth has decreased $1,605,000 or 65.38% due to timing differences primarily. The change in FY95 to accrual accounting for the City Jail Block Grant has resulted in lower revenue for this category in FY96. State welfare revenue has declined because these funds were received at the end of August in FY95 but not until early September of FY96, causing a $760,000 negative impact on this category on a year-to-date basis. No ABC or Wine Tax has been received by the City in FY96 through August, causing a $59,000 decline since FY95. Comprehensive Services Act revenue is also down in FY96 by $330,000 due to the timing of reimbursements under this program. The Grants-in-Aid Commonwealth revenue category is expected to be comparable to the prior year in coming months as these timing differences reverse. Honorable Mayor and Members Roanoke City Council September 25, 1995 Page 2 Charges for Services have increased $178,000 or 58.14%. This has been caused by increased Emergency Medical Services, Weed Cutting and Demolitions revenues due to the use of the accrual basis of accounting via the City-Wide Billing System. Sheriffs fees are also up due to a change in fees implemented at the State level. Miscellaneous Revenue is up 13.24% due to increased sales of surplus property. Internal Services have decreased 20.67% or $47,000. Decreased billings by Engineering, Street Maintenance, and Building Maintenance have contributed to this decline. EXPENDITURES AND ENCUMBRANCES Expenditures and encumbrances in the General Fund have increased 12.54% since FY95. Variances in individual expenditure categories are discussed below: General Government expenditures are up 10.22% or $178,000 over those of FY95. Real Estate Valuation has incurred additional expenditures in FY96 for renovation costs, equipment purchases, and rental of equipment associated with its office relocation and expansion. Personnel Management's costs for public service employee physicals have increased. CIS charges have increased in the Treasurer's office and in the Office of Billings and Collections for systems development and equipment costs. Judicial Administration expenditures have risen 11.26% or $67,000. Personal services costs have risen in the Commonwealth's Attorney department due to an increase in the number of employees. Reimbursements in the Circuit Court are lower through August of the current year due to timing differences. The Law Library has increased equipment costs for the purchase of a new computer and higher professional services charges caused by the management of the law library by a private finn. Public Safety expenditures have increased 9.52% or $460,000. Increased salaries resulted in across-the- board increases for most departments in this labor-intensive category. There have been other increases for fire safety and computer equipment and for training and development of police. Building Inspections has incurred greater costs for demolition of condemned structures located in the City. Public Works expenditures have risen $380,000 or 8.46% in FY96. The Communications department has incurred additional expenditures for its 911 program and for telephones and related equipment. The Recycling department has seen an increase of approximately $125,000 due to the purchase of more recycling carts. The street paving contract has also risen over that of FY95. Transfers to the Debt Service Fund are up 31.54%, causing the largest variation in General Fund expenditures on a year-to-date basis. In FY96, the General Fund is transferring amounts to the Debt Service Fund at a more advanced rate than in FY95. This category will become more comparable to the prior year in upcoming months. Transfers to the School Board have increased 6.10% which is consistent with the budgeted increase. Honorable Mayor and Members Roanoke City Council September 25, 1995 Page 3 Nondepartmental expenditures have increased 25% or $480,000. This category represents transfers to other funds. The variation is due to budgeted increases in the transfers to the Civic Center, Transportation, Capital Projects, Nursing Home, and Fleet Management Funds. I would be pleased to answer any questions which City Council may have regarding the monthly financial statements. JDG/AHA/pac Attachments Director of Finance CITY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE AUGUST 31, 1995 Balance July 1,1995 Ordinance Number CMT014 CMT020 Department Real Estate Valuation Jail Paln~ng Equipment $366,941 (1,067) (4,0o0) Balance Aug ust 31, 1995 $361,874 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Rents and interest Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Miscellaneous Revenue Internal Sen,ices Totnl Year to Data for the Period Current Fiscal Year Percent of Revised Revenue July I - Aug 31 July I - Aug 31 Percentage Revenue Estimata 1994-98 1995-96 of Change Estimatas Received $2,619,022 $1,662,547 (36.52)% $59,967,900 2.77 3,637,061 3,732,735 2.63 % 46,139,938 8.09 130,139 107,593 (17.32) °.4, 7221000 14.90 123,524 147,278 19.23 % 799~700 18.42 148,069 179,325 21.11 °.4 1,133,785 15.82 2,455,337 850,067 (65.38) % 32,401,204 2.62 5,701 9,948 74.50 % 23~793 41.81 305,350 482,883 58.14 0.4 3,087,523 15.64 83,320 94,355 13.24 % 343,599 27.46 229,985 182,437 (20.67) % 1,940,519 9.40 $9,737,508 $7~449,168 (23~0) % $146,589,961 5.08 STATEMENT OF EXPENDITURES AND ENCUMBRANCES Expenditures Year to Data for the Period Current Fiscal Year Percent of July I - Aug 31 July I - Aug 31 Percentage Unencumbered Revised Budget 1994-95 1996-96 of Change Balance Appropriations Obligated General Government Judicial Administralion Public Safety Public Works Health and Welfare Parks, Recrea~on and Cultural Community Development Transfer to Debt Service Fund Transfer to School Board Nondepartmental $1,739,955 $1,917,724 10.22 % $8,180,378 $10,098,102 18.99 594,477 661,414 11.26 % 3,367,632 4,029,046 16.42 4,829,405 5,289,272 9.52 % 30,498,885 35,788,157 14.78 4,498,000 4,878,369 8.46 % 17,688,234 22,566,603 21.62 2,312,099 2,292,959 (0.83)% 16,687,452 18,980,411 12.08 976,103 997,660 2.21 o,/~ 4,006,612 5,004,272 19.94 200,825 216,162 7.64 % 1,133,054 1,349,216 16.02 4,897,772 6,442,584 31.54 % 1,898,216 8,340,800 77.24 5,783,017 6,135,957 6.10 % 30,679,787 36,815,744 16.67 1,922,516 2,403,163 25.00 % 3,067,677 5,470,840 43.93 Total $27,754,169 $31,236,264 12.54 % 117,207,927 $148,443,191 21.04 % 2 CITY OF ROANOKE, VIRGINIA SCHOOL FUND STATEMENT OF REVENUE Revenue Source State Sales Tax Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Transfer from General Fund Special Purpose Grants Total Year to Date for the Period July 1-Aug 31 July 1 -Aug 31 1994 -95 1995 -96 Currant Fiscal Year Percent of Revised Revenue Percentage Revenue Estimate of Change Estimates Received $671,171 $318,509 (52.54)% $7,843,336 4.06% 4,231,948 4,229,430 (0,06)% 28,009,875 15.10% 17,867 56,348 215.37 % 2,368,034 N/A 99,528 106,964 7.47 % 2,620,887 4.08% 5,824,118 6,135,957 5.35 % 36,815,744 16.67% 937,041 2,521,236 169.06 % 1,775,882 N/A $11,781,673 $13,368,444 13.47 % $79,433,756 16.83% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Expenditures Year to Date for the Period July 1 -Aug 31 July 1 -Aug 31 Percentage 1994 -95 1995 -96 of Change Current Fiscal Year Percent of Unencumbered Revised Budget Balance Appropriations Obligated Instruction General Support Transportation Operation and Maintenance of Plant Food Services Facilities Other Uses of Funds Special Purpose Grants $3,594,947 $4,190,066 16,55 % $53,506,493 $57,796,559 7.25% 342,632 529,928 54.66 % 2,575,992 3,105,920 17.06% 149,898 231,606 54.51% 2,812,996 3,044,602 7.61% 2,752,926 2,403,669 (12.69) % 6,515,324 8,918,993 26.95% 188,4Ol 166,731 (11.50) % 3,178,132 3,344,863 4.98% 497,307 972,256 95.50 % - 972,256 100,00% 718,211 2,113,605 194.29 % 512,366 2,625,971 80.49% 1,484,015 1,775,882 19.67 % - 1,775,882 N/A Total $9.728,337 $12,383.743 27.30 % $69,201.303 $81.585,046 15.18% 3 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF AUGUST 31, 1995 Expenditures Unexpended Outstanding Unencumbered Budget To Date Balance Encumbrances Balance General Government $31,913,164 $29,310,341 $2,602,823 $1,158,512 $1,444,311 Judicial Administra§on 37,610 37,539 71 71 Public Safety 9,166,584 5,932,582 3,234,002 2,916,274 317,728 Education 12,960,650 9,468,962 3,491,688 3,327,486 164,202 Recreation 405,557 49,424 356,133 173,977 182,156 Streets and Bridges 10,787,263 7,397,275 3,389,988 1,277,235 2,112,753 Sanitation Projects 4,052,079 3,983,701 68,378 15,346 53,032 Traffic Engineering and Communications 1,393,300 1,198,967 194,333 32,909 161,424 Other Infrastructure Projects 7,406,226 4,416,560 2,989,666 914,725 2,074,941 Capital Improvement Reserve (2,269,266) (2,269,266) (2,269,266) Total $75,853,t67 $61,796,351 $14,067,816 $9,816,464 $4,241,352 4 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDING AUGUST 31, 1995 Operating Revenue Commercial Sales Domestic Sales Indusbial Sales Town of Vinton Roanoke County Customer Services Total Operating Revenue Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenue Interest on Investments Rent Miscellaneous Total Nonoperating Revenue Net income 1995 $550,579 488,554 40,790 5,187 283,378 59,455 1,427,943 232,497 450,804 156,462 839,763 588,180 10,706 650 9,812 21,168 $609~348 1994 $572,289 491,072 45,973 3,173 184,392 52,430 1,349,329 184,299 419,859 133,812 737,970 611,359 14,554 650 4,389 19,593 $630,952 CITY OF ROANOKE, VIRGINIA SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDING AUGUST 31, 1995 Operating Revenue Sewage Charges - City Sewage Charges - Roanoke County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services Interfund Services Total Operating Revenue Operating Expenses Personal Services Operating Expenses Depredation Total Operating Expenses Operating Income Nonoperating Revenue (Expenses) Interest on Investments Miscellaneous Revenue Interest Expense Total Nonoperating Revenue (Expenses) Net Income 1995 $1,091,902 163,502 33,620 174,269 11,905 12,395 11,793 1,499,386 256,142 537,926 155,911 949,979 549,407 33,650 5,900 39,550 $588,957 1994 $951,986 136,130 36,400 109,145 14,011 19,725 7,541 1,274,938 243,886 573,460 160,174 977,520 297,418 10,484 6,262 (1 ,S75) 14,871 $312,289 6 CITY OF ROANOKE, VIRGINIA CiViC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDING AUGUST 31, 1995 Operating Revenue Rentals Parking Fee Event Expenses Advertising Admissions Tax Commissions Novelty Fees Total Operating Revenue Operating Expenses Personal Services Operating Expenses Depredation Total Operating Expenses Operating Loss Nonoperating Revenue Transfer from General Fund Transfer from Materials Control Interest on Investments Miscellaneous Total Nonoperating Revenue Net Income 1995 $71,077 10,193 10,928 460 16,743 16,962 4,858 131,221 146,092 179,024 63,860 388,976 (257,755) 779,636 114,896 2,574 749 897,855 $640,100 1994 $41,455 1,650 15,569 655 17,112 14,340 90,781 134,026 177,833 55,662 367,521 (276,740) 644,196 3,156 396 647,748 $371 ~008 7 CITY OF ROANOKE, VIRGINIA TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDING AUGUST 31, 1995 Operating Revenue Century Station Parking Garage Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parldng Garage Tower Parking Garage Surface Parking Lots Total Operating Revenue Operating Expenses Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenue (Expenses) Transfer from General Fund Transfer from Materials Control Interest on Investments Miscellaneous Operating Subsidy for GRTC Interest Expense Total Nonoperating Revenue (Expenses) Net Income 1995 $51,406 53,225 29,414 71,971 28,085 20,316 254,417 95,933 86,752 182,685 71,732 872,665 43,165 450 1,123 (100,000) (112,791) 704,612 $776,344 1994 $46,418 40,637 30,293 71,694 37,948 19,502 246,492 97,641 86,988 184,629 61,863 657,211 (854) 963 (200,000) (117,971) 339,349 $401,212 8 CITY OF ROANOKE, VIRGINIA NURSING HOME FUND COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDING AUGUST 31, 1995 Operating Revenue Pdvate Patient Fees Medicaid Pa§ent Fees Medicaid Reimbursements Total Operating Revenue Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenue Interest on Investments Proceeds from Sale of Nursing Home Transfer from General Fund Total Nonoperating Revenue Net Income 1995 $5,857 49,119 176,210 231,186 206,861 88,173 3,938 298,972 (67,786) 1,381 50,000 504,210 555,591 $487,805 1994 $29,763 39,979 133,499 203,241 181,795 61,342 4,864 248,001 (44,760) 1,420 440,750 442,170 $397A10 9 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDING AUGUST 31, 1995 (1) 1995 CONFERENCE COMMISSION (2) CENTER (1) TOTAL $ 49,011 49,011 49,011 49,011 1994 Operating Revenue Commission Conference Center (3) Total Operating Revenue Operating Expenses Commission (17,376) (4) (17,376) Conference Center 103,149 103,149 Depreciation Expense 74,012 74,012 50,533 Total Operating Expenses 56,636 103,149 159,785 50,533 (56,636) (54,138 ) (110,774) (50,533) Operating Income (Loss} Nonoperating Revenue (Expenses) City Subsidy Virginia Tech Subsidy Proceeds from Brick Sales Interest on Investments Conference Center 225 225 1,816 1,816 (1,077) (1,077) 276,500 17,500 (s) Total Nonoperating Revenue (Expenses) 2,041 (1,077) 964 294,000 Net Income (Loss) ($54,595) ($55,215) ($109,810) $243,467 Notes to Financial Statement: (1)The column entitled "Conference Center" represents actual revenue and expenses of the Conference Center, as provided by Doubletree Management through July 31, 1995. Operating results through August will be reported in the September 30, 1995 financial statements. (2)The column entitled "Commission" represents Commission activity in the City's financial records. (3) Conference Center opened in April,1995. {4) Reversing entry from FY 6130195. (8) City contribution was recorded in September, 1994. 10 CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUNDS COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDING AUGUST 31, 1995 TOTALS City Information Materials Management Utility Line Fleet Systems Control Services Services Management 1995 1994 $589,501 $26,133 $69,274 $462,679 $239,051 $1,386,638 $1,468,962 589,501 26,133 69,274 462,679 239,051 1,386,638 1,468,962 206,797 14,971 8,082 330,835 182,073 742,758 744,952 40,356 6,378 48,846 76,252 129,295 301,127 323,947 53,565 305 7,065 28,754 181,934 271,623 243,459 300,718 21,654 63,993 435,841 493,302 1,315,508 1,312,358 288,783 4,479 5,281 26,838 (254,251) 71,130 156,604 Opera§ng Revenue Charges for Sen,ices Total Opera~ng Revenue Opera~ng Expenses Personal Sen~ices Opera~ng Expenses Deprecia~on Total Opera~ng Expenses Opera~ng Income (Loss) Nonoperating Revenue (Expenses) Interest Revenue Transfer from General Fund Transfer to Civic Center Fund Transfer to Transporation Fund 1,502 1,081 1,521 9,383 7,950 21,437 20,912 50,000 50,000 (114,896) (114,896) (43,165) (43,165) Net Nonopera§ng Revenue (Expenses) 1,502 (156,980) 1,521 9,383 57,950 (86,624) 20,912 $29~0,285 ($182,501) $6,802 $36,221 ($196,301) _ ($15,494) $177,516 Net Income (Loss) 11 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED AUGUST 31, 1998 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 FOR THE MONTH ENDED AUGUST 31, 1995. GENERAL WATER SEWAGE CiViC CENTER TRANSPORTATION CAPITAL PROJECTS NURSING HOME CONFERENCE CENTER DEBT SERVICE CITY INFORMATION SYSTEMS MATERIALS CONTROL MANAGEMENT SERVICES UTILITY LINE SERVICES FLEET MANAGEMENT PAYROLL PENSION SCHOOL FUND FDETC GRANT TOTAL $8,276,540.92 $8.639.052.05 $13,704,712.47 $3,2~0,880.50 $2,496,757.81 7,070,246.93 789.494.28 3,075,125.70 4,784~6t 5.51 12,287,013.86 20,484,799.51 1.576.347.12 1.495.631.94 20.565.514.69 17.170.975.81 286,697.78 155.129.44 69.653.52 372.173.70 484.452.56 349,763.32 130.990.37 776.754.13 (296;000.44) (555,178.19'~ 7,911,527.16 190.511.66 2.604.249.51 5.497.789.31 19.447.153.42 170,380.95 163.240.10 92.963.99 24G.657.06 231.372.04 350,038.96 1.008.06 104.920.24 247.026.78 8.738.283.10 7,245,733.66 6.380.103.38 5.507.866.45 8,117,970.59 6.543.247.03 178,032.37 125.985.54 24.078.62 279,939.29 1.327.883.83 218,342.07 0.00 80.981.49 137,360.58 236.902.58 221,414.08 27.152.40 25.996.04 222,570.44 207.787.82 1,362,635.19 105.682.85 31.760.36 1.436.557.68 1.272.460.87 1,371,740.22 61.727.16 599.871.99 833,595.39 926.740.03 2,655,108.25 5.086054.27 7,981,443.88 (240,281.36) (2,223,201.21'~ 789,058.10 526993.12 1,234,562.52 81.488.70 452.323.02 8,185,515.33 4.885031.42 2.389.550.81 10.680.995.94 9.069.379.32 182,483.36 31 175.94 132403.80 81.255.50 (175,902.95'~ 454,056.17 659.397.27 630596.81 482,856.63 336.170.40 $87,764~114.33 $29.535.076.43 $40.562.224.27 $56,736,966.49 $78,274,621.15 CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOK VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED JULY 31, 1995. THAT SAID FOREGOING: CASH: CASH ON HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: COMMERCIAL PAPER REPURCHASE AGREEMENTS U. S. TREASURY NOTES VIRGINIA AIM PROGRAM (U. S. SECURITIES) TOTAL 2i~1,$27 ~t DATE: SEPTEMBER 11, 1995 DAVID C. ANDERSON, ASSISTANT TREASURER 12 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 2 MONTHS ENDING AUGUST 31, 1995 Revenue 1995 $567,893 505,638 807,320 54,751 $1,938,602 1994 $764,334 281,025 309,363 31,951 $1,386,673 Contributions Investment Income Gain on Sale of Investments Bond Discount Amortization Total Revenue Expenses Pennon Payments Fees for Professional Services Bond Premium Amo~zaflon Adminis~afive Expense $1,474,645 (5,134) (1) 40,769 5,006 $1,213,104 (80,752) (2) 99,939 6,024 TotalExpenses 1,515,288 1,238,316 Net Income $420,314 $148,358 (1) Reversal of accruals made at June 30, 1995. (2) Reversal of accruals made at June 30, 1994. 13 CITY OF ROANOKE PENSION PLAN BALANCE SHEET AUGUST 31, 1995 Assets Cash Investments: (market value: 1995 $189,266,094 1994 $166,088,519) Due from Other Funds Other Assets Total Assets 1995 $81,049 159,887,438 2,573 18,000 $159,989,060 Liabilities and Fund Balance Liabilities: Due to Other Funds Total Liabilities Fund Balance: Fund Balance, July 1 Net Income - Year to Date Total Fund Balance Total Liabilities and Fund Balance $640,543 640,543 158,928,203 420,314 159,348,517 $159,989,060 1994 $451,895 145,411,392 18,000 $145,881,287 $615,499 615,499 145,117,430 148,358 145,265,788 $145,881,287 14 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 September 28, 1995 File #20-53-183-217-514 M. Wayne Hylton, Jr. Vice-President S. R. Draper Paving Co., Inc. 4742 Old Rocky Mount Road, S. W. Roanoke, Virginia 24014 Dear Mr. Hylton: I am enclosing copy of Ordinance No. 32677-092595 accepting the bid of S. R. Draper Paving Co. for widening of Hollins Road and installation of a new traffic signal system at the intersection of Holline Road and Old Mountain Road, N. E., in the amount of $84,279.00, upon certain terms and conditions; and authorizing the proper City officials to execute the requisite contract for such work. Ordinance No. 32677-092595 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 25, 1995. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. pc: William D. Ccc, President, H & S Construction Co., Inc., P. O. Box 6226, Roanoke, Virginia 24017 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1995. No. 32677-092595. AN ORDINANCE accepting the bid of S. R. Draper Paving Company for the widening of Hollins Road and installation of new traffic signal system at the intersection of Hollins Road and Old Mountain Road, N.E., upon certain terms and conditions; awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; and providing for an emergency. BE follows: i. IT ORDAINED by the Council of the City of Roanoke as The bid of S. R. Draper Paving Company, made to the City in the total amount of $84,279.00, for the widening of Hollins Road and installation of new traffic signal system at the intersection of Hollins Road and Old Mountain Road, N.E., as more particularly set forth in the report to this Council dated September 25, 1995, such b£d being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite unit price contract with S.R. Draper Paving Company, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 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. September 25, 1995 Council Report No. 95-185 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT INSTALLATION OF NEW TRAFFIC SIGNALS INTERSECTION OF HOLLINS ROAD AND OLD MOUNTAIN ROAD, N.E. I concur with the Bid Committee recommendation relative to the above project and recommend it to you for appropriate action. Respectfully submitted, W. Robert Herbert City Manager WRH/VRD/kh Attachment: Bid Committee Report CC: City Attorney City Clerk Director of Finance Director of Public Works Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Supply Management September 25, 1995 Council Report No. 95-185 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT INSTALLATION OF NEW TRAFFIC SIGNALS INTERSECTION OF HOLLINS ROAD AND OLD MOUNTAIN ROAD, N.E. We, the undersigned Bid Committee, hereby submit the attached report for your consideration. Respectfully submitted, /,~iam ~ Chairf~an ,,~3hn H. Parrott William F. Clark Charles M. Huffine VRD/kh Attachment: Bid Committee Report CC: City Attorney City Clerk Director of Finance Director of Public Works Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Supply Management September 25, 1995 Council Report No. 95-185 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT INSTALLATION OF NEW TRAFFIC SIGNALS INTERSECTION OF HOLLINS ROAD AND OLD MOUNTAIN ROAD, N.E. Background on the subject in chronological order is as follows: Capital Improvement Pro.qram (CIP) adopted by Council on August 8, 1994, includes a project for the installation of a new traffic si.qnal at this intersection. Bond referendum approved by voters on November 8, 1994, approved funding for the CIP. B. On May 22, 1995, City Council took the followinq action for the project: Appropriated 9150,000 from the Street and Sidewalk category of the 1996 Bond Issue into a new account in the Capital Projects Fund entitled "Traffic Signals - Installation of New Signals", account number 008-052-9561-9001. Adopted a Resolution indicating the City's intent to reimburse front funding with bond proceeds upon sale of the 1996 bonds. Authorized the acquisition for public riRht-of-way and an adjoining temporary construction easement from Singer Furniture Company (Tax Map No. 3140301) based on an appraisal not to exceed $5,000. II. Current situation is as follows: Ri.qht-of-way and temporary construction was obtained by donation from Singer Furniture Company. Proiect was properly advertised and bids were publicly opened and read aloud by D. Darwin Roupe, Manager, Office of Supply Management, on August 15, 1995. Honorable Mayor and Members of City Council BID COMMITTEE REPORT INSTALLATION OF NEW TRAFFIC SIGNALS INTERSECTION OF HOLLINS ROAD AND OLD MOUNTAIN ROAD, N.E. September 25, 1995 Page 2 Two (2) bids were received with S. R. Draper Paving Company submitting the Iow bid in the amount of $84,278.60. Proiect consists of widening with an additional lane with tapers to provide for aturn lane onto Old Mountain Road from Hollins Road and for the installation of a new traffic signal system. III. ~ssues A. B. C. D. __ in order of importance are as follows: Traffic flow and safety Cost Funding Right-of-way IV. Alternatives in order of feasibility are as follows: A. Authorize the City Manager to execute a unit price contract, in a form approved by the City Attorney, with S. R. Draper Paving Company in the amount of 984,279 with 90 calendar days for completion and with a project contingency of $8,000. 1. Traffic flow and safety will be improved at the subject intersection. 2. Cost is 11.87% lower than the Engineer's estimate. 3. Fundin.q is available in the Capital Projects Fund in existing account number 008-052-9561-9001, "Traffic Signals- Install New Signals". 4. Right-of-way was obtained by donation. Honorable Mayor and Members of City Council BID COMMITTEE REPORT INSTALLATION OF NEW TRAFFIC SIGNALS INTERSECTION OF HOLLINS ROAD AND OLD MOUNTAIN ROAD, N.E. September 25, 1995 Page 3 Do not authorize the City Mana.qer to execute a contract with S. R. Draper Paving Company. 2. 3. 4. Traffic flow and safety would remain as they are today. Cost would be based on future bids. Funding would remain in the Capital Improvement Program (CIP). Riqht-of-way would not be an issue. Recommendation is as follows: City Council concur in alternative "A" and take the following actions: Authorize the City Mana.qer to execute a unit price contract with S. R. Draper Paving Company for "Traffic Signals - Installation of New Signals", at the intersection of Hollins Road and Old Mountain Road, N.E., in the amount of $84,279, and authorize a project contingency of $8,000. B. Reject the other bid received. VRD/kh Attachment: Tabulation of Bids CC: City Attorney City Clerk Director of Finance Director of Public Works Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Office of Supply Management TABULATION OF BIDR INSTALLATION OF NEW TRAFFIC SIGNALS INTERSECTION OF HOLLINS ROAD AND OLD MOUNTAIN ROAD, N.E. PROJECT NO. 6261 BID NO. 95-7-21 Bids were opened in the Office of Supply Management on Tuesday, August 15, 1995, at 2:00 p.m. BIDDER BID BOND AMOUNT S. R. Draper Paving Company Yes $ 84,278.60 H & S Construction Company Yes 101,221.56 Engineer's Estimate: $100,000 Office of the City Engineer Roanoke, Virginia September 25, 1995 IN THECOUNCIL OF THECITY OF ROANOKE, VIRGINIA, The 25th day of September, 1995. No. 32680-092595. A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 32131-080894, adopted August 8, 1994, for certain expenditures in connection with the Wasena Bridge Rehabilitation, in the City of Roanoke; and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. In accordance with U. S. Treasury Regulations, Section 1.150-2, the City hereby declares that it reasonably expects and intends to reimburse $1,136,646, appropriated by an ordinance simultaneously adopted by the City Council on September 25, 1995, for the Wasena Bridge Rehabilitation ("Project") in the City of Roanoke, from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 32131-080894, adopted b~t the City Council on August 8, 1994, in the principal amount of $23,000,000 for the purpose of providing funds to defray the cost of needed permanent public improvements of and to school buildings, public buildings, public bridges, streets and sidewalks, storm drains, parks, economic development and acquisition of real property for the foregoing. Ordinance No. 32132- 080894, also adopted by City Council on August 8, 1994, provided for the holding of an election to determine whether the qualified voters of the City of Roanoke would approve Ordinance No. 32131-080894, and, at an election held on November 8, 1994, the qualified voters of the City approved Ordinance No. 32131-080894. The maximum principal amount of debt expected at this time to be issued for the Wasena Bridge Rehabilitation required for the Project is $1,136,646.00, all as is more particularly set forth in the September 25, 1995 report of the City Manager to this Council. 2. This is a declaration &official iment adopted pursuant to U. S. Treasury Regulations, Section 1.150-2. This official intent is being declared not later than sixty days after the payment of the expenditures authorized by Paragraph 1 of this Resolution. 3. The City Clerk is directed to file this Resolution among the permanent papers of the City and hold it available for public inspection pursuant to the Virginia Freedom of Information Act, {}2.1-340 et seq., Code of Virginia (1950), as amended. 4. This Resolution shall be effective on and after the date of its adoption. ATTEST: City Clerk. 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 September 28, 1995 File #53-102-183-223 Wilson L. Dickerson, Jr. Vice President W. C. English, Inc. P. O. Box P-7000 Lynchburg, Virginia 24505 J. W. Harman, President Cleco Corp. Route 80 Rosedale, Virginia 24280 Gentlemen: I am enclosing copy of Ordinance No. 32679-092595 accepting the bid of Lanford Brothers Co., Inc., for Wasena Bddge Rehabilitation over Norfolk and Western Railway Co., in the amount of $1,031,656.00, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and authorizing the proper City officials to enter into an agreement, on behalf of the City, with Norfolk and Western Railway Co., for watchman and flagging protection during such bridge renovation, in the amount of $4,990.00. Ordinance No. 32679-092595 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 25, 1995. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm 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 October 2, 1995 File #53-102-183-223 SANDRA H. EAKIN Deputy City Clerk Edwin Bond Chief Engineer Bridges and Structures Norfolk Southern Corporation 99 Spring Street, S. W. Atlanta, Georgia 30303 Dear Mr. Bond: I am enclosing copy of Ordinance No. 32679-092595 accepting the bid of Lanford Brothers Co., Inc., for Wasena Bddge Rehabilitation over Norfolk and Western Railway Co., in the amount of $1,031,656.00, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and authorizing the proper City officials to enter into an agreement, on behalf of the City, with Norfolk and Western Railway Co., for watchman and flagging protection during such bridge renovation, in the amount of $4,990.00. Ordinance No. 32679-092595 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 25, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THECOUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1995. No. 32679-092595. AN ORDINANCE accepting the bid of Lanford Brothers Company, Inc., for Wasena Bridge Rehabilitation over Norfolk and Western Railway Company, upon certain terms and conditions, and awarding a contract therefore; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; authorizing the proper City officials to enter into, an agreement, on behalf of the City, with Norfolk and Western Railway Company for watchman and flagging protection during such bridge renovation; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Lanford Brothers Company, Inc., made to the City in the total amount of $1,031,656.00 for the Wasena Bridge Rehabilitation over Norfolk and Western Railway Company as is more particularly set forth in the report to this Council dated September 25, 1995, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefore and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneo, usly appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to noti~ each such bidder and to express to each the City's appreciation for such bid. 4. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, an agreement with Norfolk and Western Railway Company for watchman and flagging protection in the amount of $4,990.00. Such agreement may provide for indemnification by the City and shall contain any other reasonable terms and conditions deemed necessary and appropriate by the City Manager. The form of the agreement shall be approved by the City Attorney. 5. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. MARY F. PARKER, 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 September 28, 1995 File ~k53-102-183-223 SANDRA H. EAKIN Deputy City Clerk Jeanne Sanborn, Agent Real Estate and Contract Services Norfolk Southern Corporation 110 Franklin Road, S. E. Roanoke, Virginia 24042-0059 Dear Ms. Sanborn: I am enclosing copy of Ordinance No. 32679-092595 accepting the bid of Lanford Brothers Co., Inc., for Wasena Bddge Rehabilitation over Norfolk and Western Railway Co., in the amount of $1,031,656.00, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and authorizing the proper City officials to enter into an agreement, on behalf of the City, with Norfolk and Western Railway Co., for watchman and flagging protection during such bridge renovation, in the amount of $4,990.00. Ordinance No. 32679-092595 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 25, 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 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk September 28, 1995 File #~53-102-183-223 Alan G. Soltis, Vice President Lanford Brothers Co., Inc. P. O. Box 7330 Roanoke, Virginia 24019 Dear Mr. Soltis: I am enclosing copy of Ordinance No. 32679-092595 accepting the bid of Lanford Brothers Co., Inc., for Wasena Bddge Rehabilitation over Norfolk and Western Railway Co., in the amount of $1,031,656.00, upon certain terms and conditions; authorizing the prober City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and authorizing the prober City officials to enter into an agreement, on behalf of the City, with Norfolk and Weetem Railway Co., for watchman and flagging protection, during such bridge renovation, in the amount of $4,990.00. Ordinance No. 32679-092595 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 25, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, The 25th day of September, 1995. No. 32678-092595. 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 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 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Streets and Bridges $ 11,835,159 Wasena Bridge Rehabilitation (1) ................... 1,136,646 Capital Improvement Reserve $ (3,187,871) Public Improvement Bonds - Series 1996 (2) ......... (1,917,544) 1) Appropriated from Bond Funds (008-052-9546-9001)$ 1,136,646 2) Bridges (008-052-9701-9190) (1,136,646) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: city Clerk September 25, 1995 Council Report No. 95-187 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: BID COMMITTEE REPORT REHABILITATION OF WASENA BRIDGE (#1822) OVER NORFOLK SOUTHERN RAILWAY AND ROANOKE RIVER I concur with the Bid Committee recommendation relative to the above project and recommend it to you for appropriate action. Respectfully submitted, City Manager WRH/JGB/kh Attachment: Bid Committee Report CC: City Attorney City Clerk Director of Finance Director of Public Works Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Office of Supply Management Tax Compliance Auditor September 25, 1995 Council Report No. 95-187 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: BID COMMITTEE REPORT REHABILITATION OF WASENA BRIDGE (#1822) OVER NORFOLK SOUTHERN RAILWAY AND ROANOKE RIVER We, the undersigned Bid Committee, hereby submit the attached report for your consideration. Respectfully submitted, V~il~a~ White, Ch'ai, r~a~ William F. Clark Charles M. Huffi~n ~ WW/JGB/kh Attachment: Bid Committee Report CC: City Attorney City Clerk Director of Finance Director of Public Works Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Office of Supply Management Tax Compliance Auditor September 25, 1995 Council Report No. 95-187 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: BID COMMITTEE REPORT REHABILITATION OF WASENA BRIDGE (#1822) OVER NORFOLK SOUTHERN RAILWAY AND ROANOKE RIVER Background on the subject in chronological order is as follows: Proiect was properly advertised and bids were publicly opened and read aloud by D. Darwin Roupe, Manager, Office of Supply Management, on Tuesday, August 29, 1995, for the rehabilitation of Wasena Bridge (#1822) over Norfolk Southern Railway and Roanoke River. Three (3) bids were received with Lanford Brothers Company, Inc. submitting the Iow bid in the amount of $1,031,656. Norfolk Southern will require and provide, on a force account basis, watchman service and flagman protection they deem necessary for the safety of the Railway operators at an estimated amount of $4,990. II. Current situation is as follows: A. Bridge repair proiect has been bid and now needs to be constructed. B. Proiect consists of bridge painting, bearing seat repairs, patching exposed rebars and spalls, and repairs to retaining wall. III. Issues in order of importance are as follows: A. Cost B. Funding Honorable Mayor and members of City Council BID COMMITTEE REPORT REHABILITATION OF WASENA BRIDGE (//1822) OVER NORFOLK SOUTHERN RAILWAY AND ROANOKE RIVER September 25, 1995 Page 2 IV. Alternatives in order of feasibility are as follows: A. Authorize the City Manaqer to: Execute a unit price contract, in a form approved by the City Attorney, with Lanford Brothers Company, Inc. in the amount of $1,031,656 and 180 calendar days for completion, with a project contingency of $100,000. Cost is 15.9% higher than the Engineers' estimate but was competitively bid. Funding will be provided by the anticipated bond proceeds of the 1996 bond issue. Internal Revenue Service regulations require that the City declare its intent to reimburse itself 91,131,656 from the proceeds of its general obligation bonds authorized to be issued pursuant to Ordinance No. 32131-080894, adopted by City Council on August 8, 1994. Execute an agreement with Norfolk Southern Railway for watchman and flagging protection in the amount of $4,990. Cost is an estimate provided by Norfolk Southern Railway based on 20 days working above their tracks. bo Fundinq will be provided by the anticipated bond proceeds of the 1996 bond issue. Internal Revenue Service regulations require that the City declare its intent to reimburse itself $4,990 from the proceeds of its general obligation bonds authorized to be issued pursuant to Ordinance No. 32131-080894, adopted by City Council on August 8, 1994. Honorable Mayor and members of City Council BID COMMITTEE REPORT REHABILITATION OF WASENA BRIDGE (#1822) OVER NORFOLK SOUTHERN RAILWAY AND ROANOKE RIVER September 25, 1995 Page 3 Do not authorize the City Mana.qer to: 1. Execute a contract with Lanford Brothers Company, Inc. a. Cost would be based on future bids. b. Fundinq would remain in the anticipated bond proceeds of the 1996 bond issue. 2. Execute an aqreement with Norfolk Southern Railway. a. Cost would not be an issue as Norfolk Southern's services would not be needed if the bridge is not repaired. b. Fundinq would remain in the anticipated bond proceeds of the 1996 bond issue. Recommendation is as follows: City Council concur in alternative "A", and take the following actions: Authorize the City Manager to execute a unit price contract with Lanford Brothers Company, Inc. for the rehabilitation of Wasena Bridge (#1822) over Norfolk Southern Railway and Roanoke River in the amount of $1,031,656, and authorize a project contingency of $100,000. Authorize the City Manager to execute an agreement with Norfolk Southern Railway for watchman and flagging protection in the amount of $4,990. Appropriate $1,136,646 from anticipated 1996 bond proceeds to a new account to be established by the Director of Finance in the Capital Projects Fund entitled "Wasena Bridge Rehabilitation". Honorable Mayor and members of City Council BID COMMITTEE REPORT REHABILITATION OF WASENA BRIDGE (#1822) OVER NORFOLK SOUTHERN RAILWAY AND ROANOKE RIVER September 25, 1995 Page 4 Adopt a resolution indicating the City's intent to reimburse itself in the amount of $1,136,646 from anticipated 1996 general obligation bond proceeds to be issued pursuant to Ordinance No. 32131-080894 adopted August 8, 1994. Reject the other bids received. JGB/kh Attachment: Tabulation of Bids CC: City Attorney City Clerk Director of Finance Director of Public Works Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Office of Supply Management Tax Compliance Auditor TABULATION OF BIDS REHABILITATION OF WASENA BRIDGE (#1822) OVER NORFOLK SOUTHERN RAILWAY AND ROANOKE RIVER Bids opened by D. D. Roupe, Manager, Office of Supply Management, on Tuesday, August 29, 1995, at 2:00 p.m. Contractor Bid Bond Bid Amount Lanford Brothers Company, Inc. Yes $1,031,656 English Construction Company, Inc. Yes $1,246,755 Cleco Corporation Yes ~ 1,497,055 Engineers Estimate: $867,774 Hayes, Seay, Mattern & Mattern, Inc. 1315 Franklin Road, S.W. Roanoke, Virginia 24016 Office of the City Engineer Roanoke, Virginia 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 September 28, 1995 File ~2-166-468 David P. Hill, Manager Lagniappe, L.LC. 20 E. Campbell Avenue Roanoke, Virginia 24011 Dear Mr. Hill: I am enclosing copy of Ordinance No. 32656-092595 authorizing the City Manager to execute the necessary documents providing for the sale of City-owned property located at 120, 122 and 124 West Campbell Avenue to Lagniappe, L.L.C., for the sum of $85,000.00, upon certain terms and conditions. Ordinance No. 32656-092595 was adopted by the Council of the City of Roanoke on first reading on Monday, September 11, 1995, also adopted by the Council on second reading on Monday, September 25, 1995, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, The 25th day of September, 1995. No. 32656-092595. VIRGINIA, AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the sale and conveyance of property owned by the City and located at 120, 122 and 124 West Campbell Avenue, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager, or his designee, and the City Clerk, are authorized, for and on behalf of the City, to execute and attest, respectively, the necessary documents providing for the sale of City-owned property located at 120, 122 and 124 West Campbell Avenue to Lagniappe, L.L.C, for the sum of $85,000.00, upon the terms and conditions more particularly set forth in the City Manager's report and attachments dated September 11, 1995. 2. All documents shall be in form approved by the City Attorney. ATTEST: City Clerk. Office of the City Manager September 8, 1995 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia 24011 Dear Mayor Bowers and Members of Council: I have requested an Executive Session for the September 11, 1995 Council meeting. I am attaching a report which I recommend your action after the Executive Session, subject to any questions or concerns on the part of Council Members. It is important to return this property to taxable status and to remove the financial liability for asbestos removal and general maintenance on these buildings. Respectfully, W. Robert Herbert City Manager WRH/ga Attachment cc: Mary F. Parker, City Clerk Wilbum C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Phillip F. Sparks, Acting Chief, Economic Development Room 364 Municipal Building 215 Church Avenue, S.W, Roanoke, Virginia 24011-1591 (703) 981-2333 September 11, 1995 Honorable Mayor and City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: Campbell Avenue Historic Properties 120, 122 and 124 West Campbell Avenue I. BACKGROUND: City Council authorized by Ordinance No, 29372 dated November 26, 1988, the execution of Sale and Exchange Agreement with James L. and Muriel King Trinkle, providing that the City purchase property owned by the Trinkles at 120 and 122 West Campbell Avenue for $164,000.00, and further providing that the City exchange real estate owned at 124 Kirk Avenue for real estate owned by the Trinkles at 118 and 124 West Campbell Avenue. Bo Virginia Department of Conservation and Historic Resources provided a $100.000.00 grant toward the acquisition of the Campbell Avenue Historic properties. Co The City of Roanoke agreed to donate historic preservation easements on the buildings to the Virginia Historic Landmarks Commission (VHLC) or to require as a condition of sale that the purchaser or purchasers donate historic preservation easements to the VHLC, as required by the State Grant Agreement. Do The City of Roanoke prepared and submitted an acceptable National Register Nomination to the VHLC, requesting that the buildings be formally added to the State Register and nominated to the National Register of Historic Places. The Nomination has been approved at State and National levels. $55.005.00 was the low bid for the removal of asbestos from the Campbell Avenue Historic Properties. The majority of the asbestos was in 118 West Campbell Avenue. (The asbestos has not been removed.) II. CURRENT SITUATION: Ao $85.000.00 offer for 120, 122 and 124 West Campbell Avenue has been received from Lagniappe, L.L.C. Lagniappe is a limited liability corporation whose principals are David and Helen Hill, owners and operators of Hill Studio P. C. Honorable Mayor and City Council Page 2 Do Commercial offices and residential apartments (2) are the planned uses of the property and Hill Studio will occupy the commercial space. The latest assessed values of 120, 122 and 124 West Campbell Avenue for tax purposes are: 120 Campbell Avenue 122 Campbell Avenue 124 Campbell Avenue $40,800.00 $40,400.00 $35,300.00 These values do not take into account any costs such as asbestos removal, brokerage fees, etc., that may be incurred in the process of marketing the property. Purchase and Sale Agreement has been negotiated and approved by the City Attorney (see Attachment "A"). 1. Purchase price is $85,000.00. Purchaser will take the Campbell Avenue Historic Properties as they now exist acknowledging existence of asbestos and responsibility for its removal. The City will donate historic preservation easement to the VHLC as required by the State Grant Agreement, prior to closing of the sale. III. ISSUES: Ao Historic oreservation. Downtown redevelopment. Timing. D. Funding. Honorable Mayor and City Council Page 3 IV. ALTERNATIVF~q: Ao ~ the execution of necessary documents to sell 120, 122 and 124 West Campbell Avenue to Lagniappe, L.L.C., for a sum of $85.000.00. City Council anvropriate the $85,000.00 sale proceeds into the Capital Projects Fund, Capital Improvement Reserve Account 008 052 9575 9178, for future Economic Development projects. Historic preservation will be maintained with the redevelopment of the Campbell Avenue historic buildings. Downtown redevelopment will continue with an existing business relocating into the renovated property and two residential units will be added. Timing will allow the City to convey ownership of the properties without having to incur additional expense to stabilize the buildings. 4. Funding will be available for future Economic Development projects. B. City Council not authorize the sale of 120, 122 and 124 West Campbell Avenue. Historic oreservation will not be enhanced due to buildings' desperate need for renovation. Downtown redevelopment will not be enhanced due to store fronts remaining empty, jobs may not be retained and an opportunity will be missed for downtown housing. Timing will be negatively impacted due to the work the City will need to do to maintain the existing structure. 4. Funding of future Economic Development projects will be more difficult. RECOMMENDA.~_~ON: Cit Council authorize the execution of necessary documents in form approved by City Attorney to sell 120, 122 and 124 West Campbell Avenue to Lagniappe, L.L.C., for a sum of $85.000.00. City Council appropriate the $85,000.00 sale proceeds into the Honorable Mayor and City Council Page 4 Capital Projects Fund, Capital Improvement Reserve Account 008 052 9575 9178, for future Economic Development projects. Respectfully submitted, W. Robert Herbert City Manager WRH/DC/ga Attachnments CC: City Attorney City Clerk Director of Utilities and Operations Director of Finance Director of Public Works Chief of Economic Development Director of Real Estate Valuation Commissioner of the Revenue PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (the "Agreement") is made and entered into as of the __ day of , 1995, by and between LAGNIAPPE, L.L.C., a Virginia Limited Liability Company ("Purchaser"), CITY OF ROANOKE, VIRGINIA ("Seller"), and MARTIN, HOPKINS & LEMON, P.C. ("Escrow Agent"). RECITALS WHEREAS, Seller is the owner of real property located at 120- 124 W. Campbell Avenue in the City of Roanoke, Virginia, which property is more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Real Property"); and WHEREAS, Seller wishes to sell the Real Property, and Purchaser wishes to purchase the Real Property and all improvements thereon under certain terms and conditions; NOW, THEREFORE, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) paid in hand prior to the signing, sealing and delivery of this Agreement, and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged by the parties hereto, and the mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. Purchase and Sale. Seller agrees to sell, and Purchaser agrees to purchase, the Real Property, together with all improvements located thereon and all fixtures annexed thereto and all leases, rental agreements, tenancies, privileges, easements, appurtenances and hereditiments appertaining thereto, including, without limitation, all development rights, view rights, solar rights, air rights, and water rights related thereto, all easements, rights-of-way and other appurtenances used in connection with the beneficial use and enjoyment thereof, and all personal property, if any, owned by the Seller and located within the Real Property (collectively, the "Property"), for a purchase price of EIGHTY-FIVE THOUSANDANDNO/100 DOLLARS ($85,000.00). The purchase price shall be payable, all in cash, inclusive of Deposit, at Closing, hereinafter defined. 2. Deposit. Upon Purchaser's execution of this Agreement~ Purchaser will deposit THREE THOUSAND AND NO/100 DOLLARS ($3,000.00) with Martin, Hopkins & Lemon, P.C. ("Escrow Agent") as earnest money deposit (the "Deposit"). 3. Closinq. The closing (the "Closing") of the transaction contemplated by this Agreement shall take place in the offices of Martin, Hopkins & Lemon, P.C., within sixty (60) days of execution of this Agreement by the Seller, or at such other place and time as Purchaser and Seller agree. At the Closing, Seller shall assign and/or deliver to Purchaser the following items: (a) General warranty deed conveying the Real Property and the improvements thereon to Purchaser subject only to the Permitted Exceptions, as defined in paragraph 8 below; (b) Bill of Sale conveying any personal property to Purchaser; (c) Closing Statement; (d) Affidavit of non-foreign status under IRS Section 1445(f)(3); (e) Evidence of authority of Seller as well as the officer executing the closing documents on behalf of Seller; (f) An owner's affidavit acceptable to Purchaser's title company; and (g) Other documentation as may be reasonably required by Seller and Purchaser. 4. Closing Costs. Seller shall pay the cost of preparing the general warranty deed and the grantor's tax imposed by Virginia law. Purchaser shall pay the cost of its investigations of the Property, including examination of title and survey, the grantee's tax imposed by Virginia law and the recording costs for the general warranty deed. Each party shall be responsible for its own attorney's fees. All other expenses as may arise shall be allocated as customary in Roanoke, Virginia. 5. Brokerage Commission. Purchaser and Seller each warrant and represent to the other that it has not dealt with or engaged a real estate broker or other party that is entitled to a finder's fee or a commission in connection with this transaction. Purchaser and Seller each agree to indemnify and hold harmless the other and defend the other from and against any claim, loss, damage, liability, cost and expense (including, without limitation, attorney's fees) resulting from the claims of any broker or party that shall involve a breach of the foregoing warranties and representations. 6. Pro-rations. Real property taxes for the current year shall be prorated as of Closing. Assessments, if any, shall be paid in full by Seller at Closing. 7. Possession. Purchaser shall be entitled to sole possession of the property at Closing. Prior to closing, Seller shall remove any and all paint, chemicals, and chemical and paint cans stored on the second floor of the building commonly known as 124 Campbell Avenue. 8. Title. At closing, Seller shall convey to Purchaser good and marketable fee simple title to the Property by deed of general warranty containing English covenants of title, free of all liens, defects and encumbrances, except the exceptions identified in Exhibit "B", existing marketable restrictions and marketable utility easements now of record, other customary and usual exceptions not adversely affecting title, and the historic preservation easements in substantially the form attached hereto as Exhibit "C" (collectively, the "Permitted Exceptions"). Purchaser shall have the right to have the title to the Property examined at his own expense. Should Purchaser desire such a title examination, Purchaser by execution of this Agreement agrees to have title to the Property examined prior to September 10, 1995. If any defect in title is found which would prevent title from being insurable and marketable, Purchaser shall on or before September 11, 1995 at noon notify Seller thereof and Seller shall have ten (10) days after notice thereof in which to correct any objection. If Seller fails to correct any such objection within said period to the sole and absolute satisfaction of Purchaser, then Purchaser shall have the option of withdrawing its offer to purchase the Property. Said withdrawal of offer to be exercised by written notice to Seller within ten (10) days following the end of the ten (10) day period set forth above for the Seller's correction of such objection. Should Purchaser withdraw its offer, Escrow Agent shall promptly refund the Deposit. If a title update conducted after the initial title examination and prior to closing reveals a defect in title which would prevent title from being insurable and marketable, Purchaser shall on or before October 31, 1995 notify Seller thereof and Seller shall have ten (10) days after notice thereof in which to correct said objection. If Seller shall fail to correct any such objection within said period to the sole and absolute satisfaction of Purchaser, then Purchaser shall have the option of: (a) Postponing Closing hereunder for a period of ten (10) days or until such objection is corrected by Seller whichever comes first. (b) Declining to accept the Property with such objection, to be exercised by written notice to Seller within ten (10) days following the end of the ten (10) day period set forth above for the correction by Seller of such objection. Should Buyer decline to purchase the Property as provided for in this Paragraph, Escrow Agent shall promptly refund the Deposit and this Agreement will terminate and be of no further force and effect; or (c) Waive the objection and proceed to Closing with no reduction of the Purchase Price. Should Purchaser elect to postpone closing under (a) above and should said objection remain uncorrected for ten (10) days, Purchaser shall have the further choice of options (b) and (c) set forth above in this Paragraph, such choice to be exercised by written notice to Seller within ten (10) days following the end of such postponement period. 9. Historic Preservation Easements. Purchaser acknowledges and agrees that he has read and understands the historic easements attached as Exhibit "C". Purchaser understands that Seller will record easements In substantially this form prior to Closing. Any such easement recorded by the Seller which is different than the form attached hereto must be acceptable to and approved by the Commonwealth of Virginia, Virginia Board of Historic Resources. 10. Survey. Attached hereto as Exhibit "D" is a copy of Seller's survey of the Real Property. Purchaser may obtain an updated survey of the Property. Should Purchaser desire such an updated survey, Purchaser by execution of this Agreement agrees to have a survey of the Property prepared prior to September 10, 1995. In the event the survey is not satisfactory to Purchaser, Purchaser shall on or before September 11, 1995 at noon, notify Seller thereof and Seller shall have ten (10) days after notice thereof in which to correct any objection. If Seller shall fail to correct any such objection within said period to the sole and absolute satisfaction of Purchaser, then Purchaser shall have the option of withdrawing its offer to purchase the Property. Should Purchaser withdraw its offer~ Escrow Agent shall promptly refund the Deposit. 11. Conditions Precedent. The obligation of the Purchaser to consummate the transaction contemplated by this Agreement is subject to the following conditions: (a) Seller delivering good and marketable title to the Property; and (b) Purchaser's ability to obtain acceptable financing of the purchase price and development costs. 12. Fire and Other Casualty. If prior to Closing the Property is damaged by fire or other casualty, Purchaser shall have the right to terminate this Agreement and receive a full refund of the Deposit and this Agreement shall have no further force and effect. If Purchaser elects to proceed with Closing, Purchaser shall be entitled to receive an assignment of Seller's interest in any insurance policies insuring the Property. 13. Condemnation. As used herein, the term "condemnation" refers to. a taking by a public or governmental authority under power of eminent domain or a transfer in lieu thereof. Seller shall immediately notify Purchaser upon learning of the pendency of a condemnation proceeding or the likelihood thereof. Upon receipt thereof, Purchaser shall have ten (10) days to determine whether it wishes to (a) proceed to close and be entitled to an assignment of all condemnation proceeds; or (b) terminate this Agreement which shall have no further force and effect and receive a full refund of the Deposit. 14. Seller's Representation~ Warranties and Covenants. Seller makes the following representations, warranties and covenants: (a) Seller has full power and authority to enter into this Agreement and assume and perform all of its obligations hereunder. 4 (b) Seller owns insurable, good and marketable fee simple title to the Property, free and clear of all liens, rights to liens, deeds of trust, mortgages, encroachments, leases and other encumbrances whatsoever except for those encumbrances identified in Paragraph 8. (c) There are no service, supply, management or other agreements relating to the operation or ownership of the Property (the "Service Contracts"). (d) To the best of Seller's knowledge, electricity, gas, water, sanitary sewer, and telephone are currently available to the Property, all such utilities enter upon the Property and are operated through valid public or private easements or rights-of- way, all installation and connection charges have been paid in full. (e) There are no outstanding accounts payable or mechanic's liens or rights to claim a mechanic's lien in favor of any contractor, materialman, or laborer or any other person or entity in connection with the construction of any portion of the Property; there have not been any contracts entered into for work to be performed or materials to be supplied to the Property in the one hundred twenty (120) days prior to the date hereof which have not been fully paid for, which would or could give rise to the filing of such liens against the Property. Seller shall be responsible for any and all claims for mechanic's liens against the Property. Seller shall be responsible for any and all claims for mechanic's liens and account payable that have arisen or may subsequently arise due to contracts entered into for and/or any work performed on, or materials supplied to, the Property prior to the Closing and Seller shall and does hereby agree to defend, indemnify, and hold Purchaser forever harmless from and against any and all such mechanic's lien claims, accounts payable, and any other contracts or commitments entered into for and/or any work performed on, or materials supplied to, the Property prior to the Closing. Seller shall provide the title company with an affidavit and indemnity (if necessary) in order to permit the title insurance policy to be issued without standard exceptions for construction and/or mechanic's liens. (f) Seller is subject to no Judgment or decree of a court of competent Jurisdiction which would limit or restrict Seller's right to enter into and carry out this Agreement or otherwise affect the Property or any interest therein. There is no default under and no event has occurred which, with the passage of time, would constitute an event of default under any mortgage or mortgage loan documents of Seller relating to the Property. (g) Seller has received no notice of any proceedings for the taking by exercise of the power of eminent domain, or in any other manner, for a public purpose, of all or any part of the Property and, to the best of Seller's knowledge, there are no such proceedings presently pending or threatened. 5 (h) Other than three letters dated December 28, 1993, copies of which are attached as Exhibit "E", Seller has not received written notice from (i) any governmental or public authority that the Property violates any existing fire, health, building, life/safety, handicapped persons, environmental or zoning law, or (ii) any insurance company advising Seller that conditions exist at the Property which would increase premiums or violate the policy if not corrected, which conditions have not been corrected. (l) Seller has received no written notice that there is pending, nor, to the best of Seller's knowledge, is there any threatened litigation or administrative proceeding materially and adversely affecting the Property or the ownership, leasing, operation or maintenance thereof. Nor to the best of Seller's knowledge are there any facts or circumstances which could give rise to such a claim or litigation. (J) The foregoing warranties, representations and covenants and each of them, shall be true as of and shall survive the Closing and the delivery of the general warranty deed or other instruments of conveyance and shall not be merged into the general warranty deed, or other instruments of conveyance. 15. Zoning. Other than the letter dated from the Seller's Zoning Administrator, Seller has not made any representation as to the zoning or permitted use of the Property and Purchaser assumes full responsibility for ascertaining the same. 16. Environmental. Attached hereto as Exhibit "F" is the asbestos identification report prepared by Professional Service Industries for the Seller. The Seller has no special knowledge regarding environmental matters affecting this Property. The Seller relied upon the asbestos identification report attached as Exhibit "F" and has no reason to believe such report is inaccurate. The Purchaser acknowledges that he has read and understands the contents of said report. Purchaser acknowledges that the Property contains asbestos. Purchaser covenants and agrees to be responsible for any required abatement or removal of asbestos located on the Property. 17. Condition of Property. Property is in poor condition. Property "AS IS." Purchaser acknowledges that the Purchaser agrees to accept the 18. Actions During Term. During the term hereof, and provided Purchaser is not in material default hereunder, Seller shall not enter into any lease or other agreement affecting the Property or its operation or otherwise permit any change in the status of title to the Property other than the recordation of the historic easements as provided in Paragraph 9 without Purchaser's prior written consent. During the term hereof Seller shall maintain and operate the Property, enforcing all agreements in effect with respect thereto, in accordance with good business practices. During the term hereof, Purchaser and its agents, representatives and employees shall have access to the Property. Purchaser agrees to indemnify and hold harmless the Seller, its officers, agents and employees from and against any claim, loss, damage, liability, cost and expense (including, without limitation, attorney's fees) resulting from such access to the Property. 19. Default. In the event Purchaser defaults under the terms and conditions of this Agreement, the Deposit paid by the Purchaser may be retained by or for the account of Seller as liquidated damages in full settlement of any claims, whereupon Purchaser and Seller shall be relieved of all obligations under this Agreement. The parties hereto acknowledge that Seller's damages upon default would be difficult to determine with particularity and that said sum is a reasonable pre-estimation of Seller's damages. The receipt of said payment shall be Seller's sole and exclusive remedy for a breach hereunder and Seller specifically waives any right to seek specific performance of this Agreement. In the event Seller defaults under the terms and conditions of this Agreement, the Purchaser shall be entitled to the prompt return of the Deposit and to be reimbursed for all out-of-pocket expenses incurred after execution of this Agreement by Purchaser, including title search fees, attorney's fees, survey cost, environmental assessment cost and attorney fees to collect said out-of-pocket expenses should legal action be necessary to collect said out-of-pocket expenses, whereupon Purchaser and Seller shall be relieved of all obligation under this Agreement. The receipt of said payment and reimbursement of out-of-pocket expenses shall be Purchaser's sole and exclusive remedy for breach hereunder. 20. Notices. Ail notices provided for herein may be delivered in person, by overnight delivery by a nationally recognized company, or mailed in the United States mail postage prepaid. Any such notice shall be effective upon receipt, if hand delivered, one day after deposit with the nationally recognized overnight delivery company and, if mailed three (3) days after deposit with the U.S. Postal Service. The addresses to be used in connection with such correspondence and notices are the following, or such other address as a party shall from time to time direct= Seller= City of Roanoke, Virginia Room 357, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Attention= Phlllip F. Sparks ~lth a copy to= Gladys L. Yates Assistant City Attorney Room 464, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Purchaser: Lagniappe, L.L.C. c/o Hill Studio P.O. Box 1204 Roanoke, Virginia 24006 7 with a copy to: Stephen W. Lemon, Esquire Martin, Hopkins & Lemon, P.C. 1000 First Union Tower 10 S. Jefferson Street Roanoke, Virginia 24011 P.O. Box 13366 Roanoke, Virginia 24033-3366. 21. Assiqnment; Blndinq Effect. This Agreement shall inure to the benefit and be binding upon the parties hereto and their respective heirs, successors and assigns. Purchaser may not assign this Agreement without Seller's written consent. 22. Further Documentation. Each of the parties agrees to execute, acknowledge, and deliver upon demand by the other any document which such other party reasonably deems necessary or desirable to evidence or effectuate the rights herein conferred or to implement or consummate the purposes and intents hereof, so long as such imposes no different or greater burden upon such party than is imposed hereunder. 23. Headinqs. The headings in this Agreement are for convenience only and do not in any way limit or affect the terms and provisions hereof. 24. Survival. Ail terms and conditions of this Agreement shall survive closing of this transaction. 25. Time is of the essence. TIME IS OF THE VERY ESSENCE OF THIS AGREEMENT. 26. Interpretation. This Agreement shall be construed and interpreted under the substantive laws of the Commonwealth of Virginia without regard to conflicts of laws principles. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and no representations, inducements, promises or agreements oral or written, between the parties not e~bodied herein shall be of any force and effect. This Agreement may not be modified or amended except by written amendment executed by all parties with the same formality as this Agreement. 28. Enforceability. If any term, covenant, or condition of this Agreement shall be deemed to be invalid, or unenforceable by a final decree or decision of a court of competent Jurisdiction, the remaining terms, covenants, and conditions hereof shall remain in full force and effect to the fullest extent permitted by law, and shall not be affected by the invalidity or unenforceability of such term, covenant, or condition and the court of competent Jurisdiction shall replace the unenforceable term, covenant or condition with a similar, but enforceable provision which most fully carries out the intent of the parties as evidenced by the unenforceable provision. 29. Counterparts. This Agreement may be signed in one or more counterparts which, taken together, shall constitute the complete Agreement. 30. Escrow Aqent. Escrow Agent accepts this undertaking subject to these Conditions of Escrow: (a) The Deposit may be processed for collection in the normal course of business by Escrow Agent, who may commingle funds received by it with escrow funds of others in its regular escrow account at Signet Bank/Virginia (hereinafter the "Depository"). Escrow Agent shall not be accountable for any incidental benefit which may be attributable to the funds so deposited. (b) Escrow Agent shall not be liable for loss or damage resulting from: (i) any good faith act or forbearance of Escrow Agent; (ii) any default, error, action or omission of any party, other than Escrow Agent; (iii) the expiration of any..time limit or other delay which is not solely caused by the failure of Escrow Agent to proceed in its ordinary course of business, and in no event where such time limit is not disclosed in writing to the Escrow Agent; (iv) the lack of authenticity of any writing delivered to Escrow Agent or of any signature thereto, or the lack of authority of the signatory to sign such writing; Escrow Agent's compliance with all attachments, writs, orders, Judgments, or other legal process issued out of any court; (vi) Escrow Agent's assertion or failure to assert any cause of action or defense in any Judicial or administrative proceeding; (vii) any loss or damage which arises after the Deposit has been disbursed in accordance with the terms of this Agreement. (c) Escrow Agent shall be fully indemnified by the parties hereto for all its expenses, costs, and reasonable attorney's fees incurred in connection with any interpleader action which Escrow Agent may file, in its sole discretion, to resolve any dispute as to the Deposit, or any part thereof; or which may be filed against the Escrow Agent. Such costs, expenses or attorney's fees, as well as the fees of Escrow Agent described below, may be deducted from the Deposit. 9 (d) If Escrow Agent is made a party to any Judicial, non-Judicial or administrative action, hearing or process based on acts of any of the other parties hereto and not on the malfeasance and/or negligence of Escrow Agent in performing its duties hereunder, the expenses, costs and reasonable attorney fees incurred by Escrow Agent in responding to such action, hearing or process may be deducted from the funds held hereunder and the party/parties whose alleged acts are a basis for such proceedings shall indemnify, save and hold Escrow Agent harmless from said expenses, costs and fees so incurred. IN WITNESS WHEREOF, the parties hereto, acting by and through their duly authorized officers, have executed this Agreement, under seal. PURCHASER: sy ' ......... (sEAL) Da~ld~'. Hill, _ _ %--' (title) SELLER: CITY OF ROANOKE, VIRGINIA ATTEST: Mary F. Parker, City Clerk By ( SEAL ) W. Robert Herbert, City Manager Date: ESCROW AGENT: MARTIN._HOPKINS & LEMON, P.C. By: ~ ~).~ ~ (SEAL) Stephen W~. Lemon, (title) Approved as to form: Assistant City/ Attorney 10 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 September 28, 1995 File #51 Edward A. Naif, Aifomey Osterhoudt, Ferguson, Naif, Ahemn and Agee, P. C. 1919 Electric Road, S. W. Roanoke, Virginia 24018 Dear Mr. Naif: I am enclosing copy of Ordinance No. 32657-092595 emending certain conditions proffered in the rezoning of a tract of land located at 1910 McV'~y Road, S. W., designated as Official Tax No. 5100809. Ordinance No. 32657-092595 was adopted by the Council of the City of Roanoke on first reading on Monday, September 11, 1995, also adopted by the Council on second reading on Monday, September 25, 1995, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. Edward A. Natt September 28, 1995 Page 2 pc: Coots Ward Management Co., 1930 Electric Road, S. W., Roanoke, Virginia 24018 Mr. Gregory J. Tinaglia, 1940 Electric Road, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Joseph L. Mullins, 5047 Gatewood Avenue, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Gene C. Comer, 5053 Gatewood Avenue, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Charles R. Clark, Sr., 2154 McVitty Road, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Eugene A. Galvin, 5040 Gatewood Avenue, S. W., Roanoke, Virginia 24018 H. P. Properties, c/o Dr. LooT. Helms, 1960 Electric Road, S. W., Roanoke, Virginia 24018 Mr. Destacy R. Killinger, 4935 Woodmar Drive, S. W., Roanoke, Virginia 24018 Ms. Anna Lee Stone, c/o Mrs. R. Paul Burton, 102 Knoll Court, Vinton, Virginia 24179 Gofland, Ltd., c/o Osterhoudt, Ferguson, Natt, Aheron & Agee, 1919 EleCtric Road, S. W., Roanoke, Virginia 24018 Good Shepherd Lutheran Church, 1887 Electric Road, S. W., Roanoke, Virginia 24018 Mr. Joe Mullins, 5047 Gatewood Avenue, S. W., Roanoke, Virginia 24018 Mr. Harry Moore, 3758 Chesterton Street, S. W., Roanoke, Virginia 24018 Mr. E. J. Ewen, 5024 Gatewood Avenue, S. W., Roanoke, Virginia 24018 Mr. Luther Nicar, 2020 McVitty Road, S. W., Roanoke, Virginia 24018 Ms. Margaret Thomas, 1727 Driftwood Lane, S. W., Roanoke, Virginia 24018 M~and Mrs. Ira H. Hurt, Jr., 19t0 Airview Road, S. W., Roanoke, Virginia 24018 Mr. Michael Duddy, 1816 Greenfield Street, S. W., Roanoke, Virginia 24018 Mr. Raymond Patterson, 5126 Greenfield Street, S. W., Roanoke, Virginia 24018 Ms. Dabble Strawn, 4710 Nonvood Street, S. W., Roanoke, Virginia 24018 W. Robert Herbert, City Manager Wilbum C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director of Real Estate Valuation Kathy Brickey, Appraiser Aide, Real Estate Valuation William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities and Operations Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, The 25th day of September, 1995. No. 32657-092595. VIRGINIA, AN ORDINANCE to amend SS36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 510, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally zoned CN, Neighborhood Commercial District. WHEREAS, Donald R. Alouf and Lee T. Helms filed an application to the Council of the City of Roanoke to amend certain conditions presently binding upon a tract of land located at 1910 McVitty Road, S.W., being further identified as Official Tax No. 5100809, which property was previously conditionally rezoned by the adoption of Ordinance No. 31826, adopted January 18, 1994; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on September 11, 1995, after due and timely notice thereof as required by S36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the Opinion that the conditions now binding Upon the above-described property should be amended as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that SS36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 510 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the changes in proffered conditions as shown in the Fourth Amended Petition filed in the City Clerk's Office on August 10, 1995, and as set forth in the report of the Planning Commission dated September 11, 1995. ATTEST: City Clerk. Roanoke City Planning Commission September 11, 1995 The Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Donald R. Alouf and lee T. Helms, represented by Edward A. Natt, attorney, that conditions proffered in the rezoning of a tract of land located at 1910 McVitty Road, S.W., designated as Official Tax No. 5100809, be amended and that new proffers be accepted. I. Background: Purpose of the rezoning request is to amend proffered conditions approved in conjunction with a previous rezoning for the purpose of using the subject property as a commercial office development. Bo ~ of subject property was approved by City Council on January 10, 1994. Existing proffers are as follows: Renovations and alterations will be made to the interior of the existing structure only. No renovations or alterations will be made to the exterior of said structure. The rezoned property shall be used for the purpose of a professional office building. Petition to amend proffered conditions was filed on December 16, 1994. Amended proffered conditions are as follows: That the property will be developed in substantial conformity with the site plan prepared by Balzer & Associates under date of November 11, 1994, a copy of which is attached to the Petition to Amend Proffered Conditions as Exhibit B except as the same may be modified during site plan review. That the total building square footage on the property will be limited to 8,000 square feet in a maximum of three (3) buildings. Room162 MunicipalBuilding 215ChurchAvenue, S.W, Roanoke, Virginia24011 (703)981-2344 Members of Council Page 2 o That the use of the property will be limited to the following uses permitted in CN districts: Non-profit counseling facilities and services; General and professional offices including financial institutions; Medical clinics; and Medical offices. The exterior architectural features of the existing structure on the subject property shall be substantially similar to the artist's rendering, dated November 11, 1994, prepared by Balzer and Associates. The exterior architectural features of the proposed new structure shall be substantially similar to the six (6) photographs made a part of the record. In addition to the landscaping requirements imposed by the City Code, the Petitioner will provide a single row of small to mid-size shrubs along the parking area facing Gatewood Avenue and two (2) deciduous trees on the Gatewood Avenue frontage. Three nei~,hborhood meetings were held prior to the first Planning Commission public hearing on December 7, 1994 to discuss concerns related to the proposed development. At the meeting sponsored by the petitioner on November 30, 1994, approximately 15 residents attended. Mr. Natt summarized the proposed development noting that the purpose of the meeting was to answer any questions residents may have. The major concerns expressed by residents in attendance had to do with storm drainage, the location and orientation of the two new office buildings, and the proposed driveway on Gatewood Avenue. leo First Planning Commission public hearin~ was held on December 7, 1994. Mr. Ed Natt summarized the application on behalf of the petitioners. Mr. Natt summarized the amended proffers. He presented photographs of the existing Sugar Loaf Crossing development and noted that Phase 2 would be similar. Mr. Natt stated that he had met with the neighborhood on November 30. He noted that the citizens had three basic concerns: (1) storm water drainage; (2) orientation of the buildings; (3) traffic on Gatewood Avenue. In response to neighborhood concerns, Mr. Natt stated that storm water management would be addressed by City staff during comprehensive site plan review. He also noted that the proposed driveway off Gatewood had been re-oriented so as to discourage traffic from entering the neighborhood. Finally, Mr. Natt stated that additional shrubs and deciduous trees would be planted along Gatewood Avenue. Mr. Marlles gave the staff report. He stated that he had received approximately 20 calls from neighborhood residents expressing concerns with the proposed Members of Council Page 3 development. He noted that the number one concern expressed by residents was the potential for increased traffic through the neighborhood. Mr. Marlles stated that the City Traffic Engineer estimated that there would only be a small increase (50 vehicles per day) in traffic through the neighborhood generated from the proposed development. Mr. Marlles noted that any traffic generated from the proposed development would also add to the traffic congestion at the intersection of Route 419 and Gatewood Avenue. Five residents, including Greg Tinaglia (4112 Laurelwood Drive, S.W.); E. J. Ewen (5024 Gatewood Avenue); Luther Nicar (2020 McVitty Road); Margaret Thomas (1727 Driftwood Avenue); and Gene Galvin (5040 Gatewood Avenue) appeared before the Commission in support of the project. Four residents, including Ira Hurt (1910 Airview Road); Mike Duddy (1816 Greenfield Street); Raymond Patterson (5126 Greenfield Street); and Debbie Strawn (4710 Norwood Street) appeared before the Commission in opposition to the proposed development. Mr. Duddy submitted a petition (attached) signed by 81 citizens opposing the proposed development. The major concerns expressed by citizens at the public heating were the potential for increased traffic in the neighborhood, increased traffic congestion at the intersection of Route 419 and Gatewood Avenue, storm drainage and the lack of buffering (see attached draft Planning Commission minutes for additional information). In response to a question from Mr. Buford regarding whether the City had any future plans to improve the intersection of Route 419 and Gatewood Avenue, Mr. Bengtson noted that the intersection is located in Roanoke County. He further stated that he believed that the proposed development would not compound the problems and that traffic could be adequately addressed. By a vote of 643 (Mr. Price absen0 the Roanoke City Planning Commission voted to recommend approval of the request to amend the proffered conditions approved in connection with the previous rezoning of this property to permit the use of the subject property as a commercial office development. City Council public hearing was held on February 13, 1995. Following extensive discussion, City Council approved a request of the petitioner's attorney to continue the public hearing pending further report and instigation by the City Planning Commission. Staff from the City's Traffic Engineering and Planning Departments met with representatives of the neighborhood, the petitioner and the Virginia Department of Transportation on numerous occasions to discuss concerns related to possible Members of Council Page 4 traffic impacts of the proposed driveway on Gatewood Avenue and to review the results of additional traffic counts conducted in the area. Bo Third petition to amend proffered conditions was filed on July 21, 1995. Amended proffered conditions are as follows: That the property shall be used for the purpose of professional office buildings. That the total square footage of office buildings to be constructed on the property will be limited to 8,000 square feet. That the architectural features of the development and restrictions and covenants will be substantially similar to those of the adjoining development, Sugar Loaf Crossing, Phase I. That none of the structures to be erected on the property shall be closer to the residences on Gatewood Drive than are shown on the concept plan prepared by Balzer and Associates under date of November 11, 1994, a copy of which is attached to the Amended Petition to Amend Proffered Conditions as Exhibit B. 5. That no entrance to the property will be constructed on Gatewood Avenue. Second Planning Commission public hearing was held on August 2, 1995. Mr. Edward Natt, attorney, appeared before the Commission and reviewed previous action by the Commission as well as City Council. Mr. Natt noted that the Commission had heard the matter a number of times and had unanimously recommended to City Council that the request be approved. He said that Council had referred the matter back to the Commission because of neighborhood concern in three areas: (1) entrance on Gatewood Avenue; (2) orientation of buildings on the site; and (3) storm water runoff. Mr. Natt stated that he felt the proposal before the Commission would meet with everyone's approval. He handed out a list of amended proffers and also presented a copy of a revised site plan. Relative to the three areas of objection, Mr. Natt noted the following: (I) the entrance on Gatewood Avenue has been eliminated (3) the site plan has been modified and the developer would do not more than what was shown on the plan itself; and (3) storm water management has been addressed. Mr. Natt also noted that he was recently made aware that there is still some concern regarding storm water drainage. He showed the Commission a map of the site showing the drainage pattern and noted that the petitioner's site only Members of Council Page 5 occupied 3 1/2% of the drainage basin for the area. Finally, Mr. Natt stated that his clients were willing to provide for a post-development 25-year storm with the release at less than the 10-year pre-development runoff rate. Mr. Marlles gave the staff report stating that Mr. Natt had adequately covered the outstanding issues. Mr. Marlles noted the new proffer dealing with storm water runoff would exceed the City's current storm drainage requirements. He said that given that proffer, staff recommended approval of the requested rezoning. Mr. Marlles noted that Ms. Lacy Carter, President of the Mudlick Deyerle Neighborhood Association, had contacted his office to state her concern with the storm drainage issue. Mr. Bud McWorter (5006 Gatewood Avenue, S.W.) appeared before the Commission on behalf of the Hidden Valley Estates Neighborhood Association. He stated that the neighbors were still very concerned about the storm drainage but wanted to thank the petitioners and the City staff for their cooperation in working with the neighborhood. Fourth amended petition to amend proffered conditions was filed by Mr. Natt on August 10, 1995. The following conditions were proffered: That the property shall be used for the purpose of professional office buildings. That the total square footage of office buildings to be constructed on the property will be limited to 8,000 square feet. That the exterior architectural features of the existing structue on the subject prpoerty shall be substantially similar to the artists's rendering dated November 11, 1994, prepared by Balzer and Associates. The exterior architectural features of the proposed new structure shall be substantially similar to the photographs made a part of the record. That none of the structures to be erected on the property shall be closer to the residences on Gatewood Drive than are shown on the concept plan prepared by Balzer and Associates under date of November 11, 1994, a copy of which is attached to the Amended Petition to Amend Proffered Conditions as Exhibit B. 5. That no entrance to the property will be constructed on Gatewood Avenue. Members of Council Page 6 That the storm water management facilities at Sugar Loaf Crossing, Phase II, will be designed to release a post-development 25-year design storm at a rate less than the pre-development ten-year design storm peak rate. III. Alternatives: A. City Council approve the requested change in proffered conditions: Zoning of the subject site would remain conditional CN, Neighborhood Commercial District with amended proffers which would permit the construction of a professional office development. 2. Land use would become a professional office development. Traffic and access issues would be addressed. The proposed location of the driveway on Route 419 will address neighborhood concerns and help discourage traffic from cutting through the residential portion of the neighborhood. 4. Neighborhood impact would be minimized. 5. Neiehborhood Plan issues as set forth have been addressed. 6. Comprehensive Plan issues as set forth have been addressed. B. City Council deny the requested change in proffered conditions: Zoning of the subject property would remain conditional CN, Neighborhood Commercial District, and the adaptive reuse of the existing structure for professional offices as approved in the original rezoning would still be allowed to take place. Land use would remain a two-story residential structure which could be adaptively reused for professional offices. Off-street parking and buffering requirements would still need to be addressed as part of the site plan review process. Traffic impact from the adaptive reuse of the existing two-story residential structure for professional offices would be minimal. 4. Neiehborhood issues as set forth would be addressed. 5. Neiehborhood Plan issues as set forth would be addressed. Members of Council Page 7 6. Comprehensive Plan issues as set forth would be addressed. Recommendation: Roanoke City Planning Commission, by a vote of 7-0, recommends approval of the requested change in proffered conditions. Mrs. Coles, Planning Commission Chairman, thanked the petitioner, staff and the neighborhood residents for working so closely on solutions to the problem issues. Mrs. Duerk expressed her appreciation to City Council for sending the matter back to the Commission so that solutions could be worked through. Respectfully submitted, Carolyn H. Coles, Chairman Roanoke City Planning Commission IV. JRM:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Attorney for the Petitioner VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE: SECOND AMENDED PETITION TO AMEND PROFFERED CONDITIONS IN CONJUNCTION WITH THE REZONING OF A TRACT OF LAND LOCATED AT 1910 MCVITTY ROAD, S.W., DESIGNATED AS OFFICIAL TAX NO. 5100809 OF THE CITY OF ROANOKE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE The Petitioners, Donald R. Alouf, Owner and Lee T. Helms, Contract Purchaser, own land in the City of Roanoke containing 1.07 acres, more or less, located at 1910 McVitty Road, S.W. in the City of Roanoke, Virginia, more specifically identified as tax Map No. 5100809; said property being situated east of Electric Road and south of Gatewood Avenue in the City of Roanoke. Said property is currently zoned CN, Neighborhood ~ommercial District and a map of the subject property is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners hereby request that the · greviously approved proffers on said property be revised for the ~urpose of using said property as a commercial office ~evelopment. The Petitioners believe the amendment of proffers on said :tact of land will further the intent and purposes of the City's ~oning Ordinance and its comprehensive plan, in that it will ~llow for the expansion of an existing commercial office development onto the subject property and will further conform to the uses of the comprehensive plan of the City of Roanoke. The Petitioners hereby request that the following proffers approved as part of the rezoning of the subject property by City ~ouncil by Ordinance No. 31826-011894, be repealed: 1. Renovations and alterations will be made to the interior of the existing structure only. No renovations or alterations will be made to the exterior of said structure. 2. The rezoned property shall be used for the purpose of a professional office building. The Petitioners hereby request that the following proffers be accepted in lieu of the original proffers previously stated and that the Petitioners will abide by the following conditions: 1. That the property shall be used for the purpose of professional office buildings. 2. That the total square footage of office buildings on the property will be limited to 8,000 square feet. 3. The exterior architectural features of the existing structure on the subject property shall be substantially similar to the artist's rendering dated November 11, 1994, prepared by Balzer & Associates. The exterior architectural features of the proposed new structure shall be substantially similar to the photographs made a part of the record. 4. That none of the structures to be erected on the property shall be closer to the residences on Gatewood Drive than are shown on the site plan prepared by Balzer & Associates under date of November 11, 1994, a copy of which is attached to the Amended Petition to Amend Proffered Conditions as Exhibit B. 5. That no entrance/exit to the property will be constructed on Gatewood Avenue. 6. That the storm water management facilities at Sugar Loaf Crossing, Phase II, will be designed to release a post- development twenty-five year design storm at a rate less than the pre-development ten year design storm peak rate. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioners request that the above-described amended proffers be approved in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ~ day of _~~, 1995. Respectfully Submitted, DONALD R. ALOUF LEE T. HELMS Of Counsel Edward A. Natt, Esq. OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. 1919 Electric Road, S.W. Roanoke, Virginia 24018 (703) 774-1197 VSB ,.A / Lee T. Helms' / [: \~.~(~\$ce~h\he~..8. amd: ssa08/~/95 Tax MaD No. 5090209 5090277 5100525 5100526 5100527 5100528 5100808 5100901 ADJOINING PROPERTY OWNERS Owner's Name and Address Coots Ward Management Co. 1930 Electric Road, S.W. Roanoke, VA 24018-1621 Gregory J. Tinaglia 1940 Electric Road, S.W. Roanoke, VA 24018-1621 Joseph L. and Mary M. Mullins 5047 Gatewood Avenue, S.W. Roanoke, VA 24018-1607 Gene C. and Cathy H. Comer 5053 Gatewood Avenue, S.W. Roanoke, VA 24018-1607 Charles R. Clark, Sr. Rebecca H. Clark 2154 McVitty Road, S.W. Roanoke, VA 24018-1642 Charles R. Clark, Sr. Rebecca H. Clark 2154 McVitty Road, S.W. Roanoke, VA 24018-1642 Eugene A. Galvine Carol A. Galvine 5040 Gatewood Avenue, S.W. Roanoke, VA 24018-1608 First Virginia Bank 1828 Electric Road, S.W. Roanoke, VA 24018-1619 Gofland, Ltd. c/o 0sterhoudt, Ferguson, Natt, Aheron & Agee, P.C. 1919 Electric Road, S.W. Roanoke, VA 24018 Good Shepherd Lutheran Church 1887 Electric Road, S.W. Roanoke, VA 24018 !.*fillI l i 1i ll~ ! m..,t l?-:il I '. !Ill' I:;i" ' :n: liili!: ! ,..I Jill ii., 5090209 5090277 5100525 5100526 5100527 5100528 5100808 5100901 ADJOINING PROPERTY OWNERS Owner's Name and Address Coots Ward Management Co. 1930 Electric Road, S.W. Roanoke, VA 24018-1621 Gregory J. Tinaglia 1940 Electric Road, S.W. Roanoke, VA 24018-1621 Joseph L. and Mary M. Mullins 5047 Gatewood Avenue, S.W. Roanoke, VA 24018-1607 Gene C. and Cathy H. Comer 5053 Gatewood Avenue, S.W. Roanoke, VA 24018-1607 Charles R. Clark, Sr. Rebecca H. Clark 2154 McVitty Road, S.W. Roanoke, VA 24018-1642 Charles R. Clark, Sr. Rebecca H. Clark 2154 McVitty Road, S.W. Roanoke, VA 24018-1642 Eugene A. Galvine carol A. Galvine 5040 Gatewood Avenue, S.W. Roanoke, VA 24018-1608 First Virginia Bank 1828 Electric Road, S.W. Roanoke, VA 24018-1619 Gofland, Ltd. c/o Osterhoudt, Ferquson, Aheron & Agee, P.C. 1919 Electric Road, S.W. Roanoke, VA 24018 Naif, Good Shepherd Lutheran Church 1887 Electric Road, S.W. Roanoke, VA 24018 PRoPOsED CHANGE 33 ,~ Roanoke Times & World-News · Ad Number: 82552481 Publisher's Fee: $75.40 EDWARD A NATT 1919 ELECTRIC RD SW ROANOKE, VA 24018 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: 08/25/95 FULL RUN - Friday 09/01/95 FULL RUN - Friday Witness, this 8th day of September 1995 I~,dk~ 2~s (m~h, Authorized Signature NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, September 11, 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., on the question of amending conditions proffered on the rezoning of a tract of land located at 1910 McVitty Road, S.W., and designated as Official Tax No. 5100809. 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 23~d day of AIJ~IJSt , 1995. Mary F. Parker, City Clerk. Publish in the Roanoke Times and World-News, once on Friday, August 25, 1995, and once on Friday, September 1, 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 Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron and Agee, P. C. 1919 Electric Road, S. W. Roanoke, Virginia 24018 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 R~anoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 24, 1995 File #200-51-266-450-514 Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron and Agee, P. C. 1919 Electric Road, S. W. Roanoke, Virginia 24018 Dear Mr. Natt: 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 hearing for Monday, September 11, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Donald R. Alouf, owner, and Lee T. Helms, contract purchaser, that an amendment to the previous proffered conditions be approved, pursuant to Ordinance No. 31826-011894 adopted by the Council of the City of Roanoke on Tuesday, January 18, 1994, in conjunction with the rezoning of a parcel of land located at 1910 McVitty Road, S. W., described as Official Tax No. 5100809. For your information, I am enclosing copy of a notice of the public hearing and a report of the City Planning Commission with regard to the request. 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. Edward A. Naif, Attorney August24,1995 Page 2 It will be necessary for you or a representative to be present at the September 11 public hearing. Failure to appear could result in a deferral of the request until a later date. Sincerely, Mary F. , CMCIAAE City Clerk MFP:sm September Enc. pc; Coots Ward Management Co., 1930 Electric Road, S. W., Roanoke, Virginia 24018 Mr. Gregory J. Tinaglia, 1940 Electric Road, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Joseph L. Mullins, 5047 Gatewood Avenue, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Gene C. Comer, 5053 Gatewood Avenue, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Charles R. Clark, Sr.,~2154 McVitty Road, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Eugene A. Galvin, 5040 Gatewood Avenue, S. W., Roanoke, Virginia 24018 H. P. Properties, cJo Dr. Lee T. Helms, 1960 Electric Road, S. W., Roanoke, Virginia 24018 Mr. Destacy R. Killinger, 4935 Woodmar Drive, S. W., Roanoke, Virginia 24018 Ms. Anna Lee Stone, c/o Mrs. R. Paul Burton, 102 Knoll Court, Vinton, Virginia 24179 Gofland, Ltd., c/o Osterhoudt, Ferguson, Natt, Aheron & Agee, 1919 Electric Road, S. W., Roanoke, Virginia 24018 Good Shepherd Lutheran Church, 1887 Electric Road, S. W., Roanoke, Virginia 24018 Mr. Joe Mullins, 5047 Gatewood Avenue, S. W., Roanoke, Virginia 24018 Mr. Harry Moore, 3758 Chesterton Street, S. W., Roanoke, Virginia 24018 Mr. E. J. Ewen, 5024 Gatewood Avenue, S. W., Roanoke, Virginia 24018 Edward A. Naif, Affomey Augu~ 24,1995 Page 3 pc; Mr. Luther Nicar, 2020 McVitty Road, S. W., Roanoke, Virginia 24018 Ms. Margaret Thomas, 1727 Driftwood Lane, S. W., Roanoke, Virginia 24018 Ms. Ira Huff, 1910 Airview Road, S. W., Roanoke, Virginia 24018 Mr. Michael Duddy, 1816 Greenfield Street, S. W., Roanoke, Virginia 24018 Mr. Raymond Patterson, 5126 Greenfield Street, S. W., Roanoke, Virginia 24018 Ms. Debbie Strawn, 4710 Norwood Street, S. W., Roanoke, Virginia 24018 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 August11,1995 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 fourth amended petition from Edward A. Natt, Attorney, representing Donald R. Alouf, owner, and Lee T. Helms, contract purchaser, requesting an amendment to the previous proffered conditions approved pursuant to Ordinance No. 31826-011894 adopted by the Council of the City of Roanoke on Tuesday, January 18, 1994, in conjunction with the rezoning of a parcel of land located at 1910 McVitty Road, S. W., described as Official Tax No. 5100809. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm r/alouf Enc. pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Naif, Attorney, Osterhoudt, Ferguson, Naif, Aheron and Agee, P. C., 1919 Electric Road, S. W., Roanoke, Virginia 24018 John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney ~IRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE:SECOND AMENDED PETITION TO AMEND PROFFERED CONDITIONS IN CONJUNCTION WITH THE REZONING OF A TRACT OF LAND LOCATED AT 1910 MCVITTY ROAD, S.W., DESIGNATED AS OFFICIAL TAX NO. 5100809 OF THE CITY OF ROANOKE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE The Petitioners, Donald R. Alouf, Owner and Lee T. Helms, Contract Purchaser, own land in the City of Roanoke containing .07 acres, more or less, located at 1910 McVitty Road, S.W. in he City of Roanoke, Virginia, more specifically identified as ~ax Map No. 5100809; said property being situated east of Electric Road and south of Gatewood Avenue in the City of Roanoke. Said property is currently zoned CN, Neighborhood Eommercial District and a map of the subject property is ~ttached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners hereby request that the reviously approved proffers on said property be revised for the urpose of using said property as a commercial office development. The Petitioners believe the amendment of proffers on said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will · llow for the expansion of an existing commercial office ~evelopment onto the subject property and will further conform ko the uses of the comprehensive plan of the City of Roanoke. The Petitioners hereby request that the following proffers ~pproved as part of the rezoning of the subject property by City 2ouncil by Ordinance No. 31826-011894, be repealed: 1. Renovations and alterations will be made to the interior of the existing structure only. No renovations or alterations will be made to the exterior of said structure. 2. The rezoned property shall be used for the purpose of a professional office building. The Petitioners hereby request that the following proffers be accepted in lieu of the original proffers previously stated and that the Petitioners will abide by the following conditions: 1. That the property shall be used for the purpose of )rofessional office buildings. 2. That the total square footage of office buildings on ~he property will be limited to 8,000 square feet. 3. The exterior architectural features of the existing structure on the subject property shall be substantially similar to the artist's rendering dated November 11, 1994, prepared by Balzer & Associates. The exterior architectural features of the proposed new structure shall be substantially similar to the photographs made a part of the record. 4. That none of the structures to be erected on the property shall be closer to the residences on Gatewood Drive than are shown on the site plan prepared by Balzer & Associates under date of November 11, 1994, a copy of which is attached to the Amended Petition to Amend Proffered Conditions as Exhibit B. 5. That no entrance/exit to the property will be ~onstructed on Gatewood Avenue. 6. That the storm water management facilities at Sugar Loaf Crossing, Phase II, will be designed to release a post- development twenty-five year design storm at a rate less than the pre-development ten year design storm peak rate. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioners request that the above-described amended proffers be approved in accordance with the provisions ~f the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ~ day of ~x~ 1995. ~ Respectfully Submitted, DONALD R. ALOUF LEE T. HELMS Of Counsel Edward A. Natt, Esq. OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. 1919 Electric Road, S.W. Roanoke, Virginia 24018 (703) 774-1197 R. Alo~Jf* >'~' *,' * hoe T. Helms / :: \wpSO\st eph\he [ ms. amd: sse08/0]/95 NATT, AHEREN & AE£E Tax Ma~ No. 5090209 5090277 5100525 5100526 ~100527 5100528 5100808 5100901 ADJOINING PROPERTY OWNERS Owner's Name and Address Coots Ward Management Co. 1930 Electric Road, S.W. Roanoke, VA 24018-1621 Gregory J. Tinaglia 1940 Electric Road, S.W. Roanoke, VA 24018-1621 Joseph L. and Mary M. Mullins 5047 Gatewood Avenue, S.W. Roanoke, VA 24018-1607 Gene C. and Cathy H. Comer 5053 Gatewood Avenue, S.W. Roanoke, VA 24018-1607 Charles R. Clark, Sr. Rebecca H. Clark 2154 McVitty Road, S.W. Roanoke, VA 24018-1642 Charles R. Clark, Sr. Rebecca H. Clark 2154 McVitty Road, S.W. Roanoke, VA 24018-1642 Eugene A. Galvine Carol A. Galvine 5040 Gatewood Avenue, S.W. Roanoke, VA 24018-1608 First Virginia Bank 1828 Electric Road, S.W. Roanoke, VA 24018-1619 Gofland, Ltd. c/o Osterhoudt, Ferguson, Natt, Aheron & Agee, P.C. 1919 Electric Road, S.W. Roanoke, VA 24018 Good Shepherd Lutheran Church 1887 Electric Road, S.W. Roanoke, VA 24018 I II .. ~ll~ Tax MaD No. 5090209 5090277 5100525 5100526 5100527 5100528 5100808 5100901 ADJOINING PROPERTY OWNERS Owner's Name and Address Coots Ward Management Co. 1930 Electric Road, 5.W. Roanoke, VA 24018-1621 Gregory J. Tinaglia 1940 Electric Road, S.W. Roanoke, VA 24018-1621 Joseph L. and Mary M. Mullins 5047 Gatewood Avenue, S.W. Roanoke, VA 24018-1607 Gene C. and Cathy H. Comer 5053 Gatewood Avenue, S.W. Roanoke, VA 24018-1607 Charles R. Clark, Sr. Rebecca H. Clark 2154 McVitty Road, S.W. Roanoke, VA 24018-1642 Charles R. Clark, Sr. Rebecca H. Clark 2154 McVitty Road, S.W. Roanoke, VA 24018-1642 Eugene A. Galvine Carol A. Galvine 5040 Gatewood Avenue, S.W. Roanoke, VA 24018-1608 First Virginia Bank 1828 Electric Road, S.W. Roanoke, VA 24018-1619 Gofland, Ltd. c/o Osterhoudt, Ferguson, Aheron & Agee, P.C. 1919 Electric Road, S.W. Roanoke, VA 24018 Natt, Good Shepherd Lutheran Church 1887 Electric Road, S.W. Roanoke, VA 24018 "PROPOSED IN TIONS ~lgI OAK . ~ ' 33,~ TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE CHANGE IN CONDITIONS REQUEST oF~' Donald R. Alouf and Lee T. Helms for property located at 1910 Mcvitty Road, SW, Tax No. 5100809. COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) )AFFIDAVIT 5100526 5100527 5100528 5100808 5100901 Gregory J. Tinaglia Joseph L. and Mary M. Mullins Gene C. and Cathy H. Comer Charles R. Clark, Sr. Rebecca H. Clark Eugene A. Galvin Carol A. Galvin First Virginia Bank 5090278 5090210 H. P. Properties c/oDr. Lee T. Helms Destacy R. Killinger 5100525 Owner. Aeent or Occupant Coots Ward Management Co. 5090277 Parcel 5090209 Address 1930 Electric Road, SW Roanoke, VA 24018 2121 Electric Road, SW Roanoke, VA 24018 1940 Electric Road, SW Roanoke, VA 24018 5047 Gatewood Avenue, SW Roanoke, VA 24018 5053 Gatewood Avenue, SW Roanoke, VA 24018 2154 McVitty Road, SW Roanoke, VA 24018 5040 Gatewood Avenue, SW Roanoke, VA 24018 1828 Electric Road, SW Roanoke, VA 24018 P. O. Box 7585 Roanoke, VA 24019 1960 Electric Road, SW Roanoke, VA 24018 4935 Woodmar Drive, SW Roanoke, VA 24018 The affiant, Martha Pace Franklin, first being duly sworn, states that she Secretary of the Roanoke City Plann/ng Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 24th day of July, 1995, notices of a public hearing to be held on the 2nd day of August, 1995, on the amendment captioned above to the owner or agent of the parcels listed below at their last known address: 5100524 Anna Lee Stone 102 Knoll Court c/o Mrs. R. Paul Burton Vinton, VA 24179 County Gofland, Ltd. 1919 Electric Road, SW c/o Osterhoudt, Ferguson, Natt, Aheron & Agee Roanoke, VA 24018 County Good Shepherd Lutheran Church 1887 Electric Road, SW /'-~ I/ /? ~ ~/ .~,13oanoke, VA 24018 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 24th day of July, 1995. Notary Public My Commission Expires: //~//9'aa~ Notices were also sent to speakers from Planning Commission hearing: Joe Mullins 5047 Gatewood Avenue Roanoke, VA 24018 Harry Moore 3758 Chesterton Street Roanoke, VA 24018 E. J. Ewen 5024 Gatewood Avenue Roanoke, VA 24018 Luther Nicar 2020 McVitty Road Roanoke, VA 24018 Margaret Thomas 1727 Driftwood Roanoke, VA 24018 Ira Hurt 1910 Airview Road, SW Roanoke, VA 24018 Mike Duddy 1816 Greenfield Street Roanoke, VA 24018 Raymond Patterson 5126 Greenfield Street Roanoke, VA 24018 Debbie Strawn 4710 Norwood Street Roanoke, VA 24018 .,~OTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, August 2, 1995, at 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 212 Church Avenue, S.W., in order to consider the following: Request fi.om Donald FL Aloufand Lee T. Helms, represented by Edward A. Natt, attorney, that conditions proffered in the rezoning ora tract of land located at 1910 McVitty Road, S.W., designated as Official Tax No. 5100809, be repealed and that new proffers be accepted. 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, July 18, 1995 and July 25, 1995 Please bill: Edward A. Natt, Esquire Osterhoudt, Ferguson, Natt, Aheron & Agee 1919 Electric Road, S.W. Roanoke, VA 24018 (703) 774-1197 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 July 21, 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 third amended petition from Edward A. Naif, Attorney, representing Donald R. Alouf and Lee T. Helms, contract purchasers, requesting an amendment to the previous proffered conditions approved pursuant to Ordinance No. 31826-011894 adopted by the Council of the City of Roanoke on Tuesday, January 18, 1994, in conjunction with the rezoning of a parcel of land located at 1910 McVitty Road, S. W., described as Official Tax No. 5100809. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm r/alouf Enc. pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Naif, Attorney, Osterhoudt, Ferguson, Naif, Aheron and Agee, P. C., 1919 Electric Road, S. W., Roanoke, Virginia 24018 John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE: AMENDED PETITION TO AMEND PROFFERED CONDITIONS IN CONJUNCTION WITH THE REZONING OF A TRACT OF LAND LOCATED AT 1910 MCVITTY ROAD, S.W., DESIGNATED AS OFFICIAL TAX NO. 5100809 OF THE CITY OF ROANOKE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE The Petitioners, Donald R. Alouf, Owner and Lee T. Helms, Contract Purchaser, own land in the City of Roanoke containing 1.07 acres, more or less, located at 1910 McVitty Road, S.W. in the City of Roanoke, Virginia, more specifically identified as Tax Map No. 5100809; said property being situated east of Electric Road and south of Gatewood Avenue in the City of Roanoke. Said property is currently zoned CN, Neighborhood Commercial District and a map of the subject property is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners hereby request that the previously approved proffers on said property be revised for the purpose of using said property as a commercial office development. The Petitioners believe the amendment of proffers on said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will allow for the expansion of an existing commercial office development onto the subject property and will further conform to the uses of the comprehensive plan of the City of Roanoke. The Petitioners hereby request that the following proffers approved as part of the rezoning of the subject property by City Council by Ordinance No. 31826-011894, be repealed: 1. Renovations and alterations will be made to the interior of the existing structure only. No renovations or alterations will be made to the exterior of said structure. 2. The rezoned property shall be used for the purpose of a professional office building. The Petitioners hereby request that the following proffers be accepted in lieu of the original proffers previously stated and that the Petitioners will abide by the following conditions: 1. That the property shall be used for the purpose of professional office buildings. 2. That the total square footage of office buildings to be constructed on the property will be limited to 8,000 square feet. 3. That the architectural features of the development and restrictions and covenants will be substantially similar to those of the adjoining development, Sugar Loaf Crossing, Phase I. 4. That none of the structures to be erected on the property shall be closer to the residences on Gatewood Drive than are shown on the concept plan prepared by Balzer & Associates under date of November 11, 1994, a copy of which is attached to the Amended Petition to Amend Proffered Conditions as Exhibit B. 5. That no entrance to the property will be constructed on Gatewood Avenue. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioners request that the above-described amended proffers be approved in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ~ 0 day of 1995. Respectfully Submitted, DONALD R. ALOUF LEE T. HELMS Of Counsel Edward A. Natt, Esq. OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. 1919 Electric Road, S.W. Roanoke, Virginia 24018 (703) 774-1197 Donald~--R'~Al°u~ ' // --~ Lee T. Helms z:\wpSO\step~\he[n~s.amd:sse07/17/95 k /, Fax Map No. 5090209 5090277 5100525 5100526 5100527 5100528 5100808 5100901 ADJOINING PROPERTY OWNERS Owner's Name and Address Coots Ward Management Co. 1930 Electric Road, S.W. Roanoke, VA 24018-1621 Gregory J. Tinaglia 1940 Electric Road, S.W. Roanoke, VA 24018-1621 Joseph L. and Mary M. Mullins 5047 Gatewood Avenue, S.W. Roanoke, VA 24018-1607 Gene C. and Cathy H. Comer 5053 Gatewood Avenue, S.W. Roanoke, VA 24018-1607 Charles R. Clark, Sr. Rebecca H. Clark 2154 McVitty Road, S.W. Roanoke, VA 24018-1642 Charles R. Clark, Sr. Rebecca H. Clark 2154 McVitty Road, S.W. Roanoke, VA 24018-1642 Eugene A. Galvine Carol A. Galvine 5040 Gatewood Avenue, S.W. Roanoke, VA 24018-1608 First Virginia Bank 1828 Electric Road, S.W. Roanoke, VA 24018-1619 Gofland, Ltd. c/o Osterhoudt, Ferguson, Aheron & Agee, P.C. 1919 Electric Road, S.W. Roanoke, VA 24018 Natt, Good Shepherd Lutheran Church 1887 Electric Road, S.W. Roanoke, VA 24018 OSTER. HOUDT, FERGU$ON. NATT. AHERON 8, AGEE July 20, 1995 H~ND-DELIVERED Mary F. Parker, CMC/AAE, City Clerk City of Roanoke 215 Church Avenue, SW, Room 456 Roanoke, VA 24011-1536 RE: Helms/Alouf Rezoning Dear Ms. Parker: Enclosed please find the original Amended Petition to Amend Proffered Conditions relative to the above rezoning. By copy of this letter, I am providing John Marlles with a copy of the same. Thank you for your assistance. Very truly yours, Edward A. Natt EAN/sse EnclOsure pc: John R. Marlles (w/enc.) Roanoke City Planning Commission Room 162, Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Lee T. Helms (w/enc.) 1960 Electric Road, SW Roanoke, VA 24018 Don R. Alouf (w/enc.) 4131 Mud Lick Road, SW Roanoke, VA 24018 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 February 16, 1995 File #51 Edward A. Natt, Attorney P. O. Box 20068 Roanoke, Virginia 24015 Dea~' Mr. Natt: Your communication requesting a continuation of the public hearing on the request of Donald R. Alouf and Lee T. Nelms, contract purchasers, that cortatn conditions presently binding upon a tx, act of land located at 1910 MeVitty Road, S. W., described as Official Tax No. 5100809, which property was p~eviously conditionally vezoned, pursuant to Ol, dina~lCa NO. 31828-011894 adopted by City Council on Tuesday, January 18, 1994, be amended, was befors the Council of the City of Roanoke at a ~egular meeting held on Monday, Febmmr,j- 15, 1995. On motion, duly seconded and adopted, Council concurl, ed in your ~equest to continue the public healing imndla~ further repol, t and investigation by the City Planning' CoMmission. pc: Dr. Lee T. Hehnm and MI*. Donald R. Alouf, 1960 .Electlde Road, S. W., Roanoke, Virginia 24015 Coots Ward Management Co., 1930 Electric Road, S. W., Roanoke, Virginia 24018 Mr. G~egory J. Tinagii~, 4112 Lau~elwood Drive, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Joseph L. Mullins, 5047 Gatewood Avenue, S. W., Roanoke, VirLdnia 24018 Edward A. Natt February 16, 1995 Page 2 pc; Mr. and Mrs. Gene C. Comer, 5053 Gatewood Avenue, S. W., Roanoke, Virginia 24018 Mr. E. J. Ewen, 5024 Gatewood Avenue, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Charles R. Clark, Sr., 2154 McVitty Road, S. W., Roanoke, Virginia 24018 Mr. Luther W. Nicar, Jr., 2020 McVitty Road, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Eugene A. Galvin, 5040 Gatewood Avenue, S. W., Roanoke, Virginia 24018 Ms. Margaret Thomas, 1727 Driftwood Lane, S. W., Roanoke, Virginia 24018 First Virginia Bank, 1828 Electric Road, S. W., Roanoke, Virginia 24018 Mr. Ira H. Hurt, Jr., 1910 Atrview Road, S. W., Roanoke, Virginia 24018 Mr. Richard M. Duddy, 1816 Greenfield Street, S. W., Roanoke, Virginia 24018 Mr. George M. McMillan, 5034 Oakleigh Avenue, S. W., Roanoke, Virginia 24018 Mrs. Timothy L. Strawn, 4710 Norwood Street, S. W., Roanoke, Virginia 24018 ': H. P. Properties, o/o Dr. Lee T. Helms; 1960 Electric Road, $. W., Roanoka, Vtrgint'' 24018 Mr. Destaoy R. Killinger, 4935 Woodmar Drive, S. W., Roanoke, Virginia 24018 Ms. Anna L. Stone, c/o Mis. R. Paul Btwton, 102 Knoll Cou~t, Vinton, Virginia 24179 GoD,,nd, Ltd., cio Osterhoudt, Fel,~uson, Natt, Aharon & Ag~, 1919 Electric Road, S. W., Roanoke, Virginia 24018 Good Shepherd Luthel, an Church, 1887 El®ctric Road, S. W., Roanoke, Virginia 24018 Mr. R. Craig Balzer, Balzer and Associates, 1208 Cox-porate Circle, S. W., Roanoka, Virginia 24018 Mr. M. T. MoWhoetel,, 500~ O&tewood Avenue, S. W., Roanoke, Vil'g{nt'' 24018 W. Robert Herbert, City Mmn~ Wilburn C. Diblil~, J~%, Cit~ Attolm®y Steven J. Talsvt, Asai~tant City Attorney Wfllal, d N. Cl~ytO~ DIl'eeto~ o~ Reel Eatate Valuation Katl~/~ ~r Aide, R~l Estate Valuation Kit ~f~ of Utilities and Operations W~~ Di~. or of Public Worlm Ro ~'~~-~/B~idi~.g Commissioner John ~l~t A~nt, City planning Commi''sion Ma~tha P. 1~, S~ratary, City Planning Co-,~l~ion Evelyn D. Doraey, Zoning Adnd~tstx, ator 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 September 28, 1995 File ~51 David C. Helsoher, Attorney Jolly, Place, Frelin and Prillaman P. O. Box 20487 Roanoke, Virginia 24018 Dear Mr. Helscher: I am enclosing copy of Ordinance No. 32658-092595 rezoning a tract of land containing 5.44 acres, more or less, located at 2941 Paters Cmc~ Road, N. W., described as Official Tax No. 6410103, from RS-3, Residential Single-Family District, to C-2, General Commercial District, and C-1, Office District, subject to certain conditions proffered by the petitioner~ Ordinance No. 32658-092595 was adopted by the Council of the City of Roanoke on first reading on Monday, September 11, 1995, also adopted by the Council on second reading on Monday, September 25, 1995, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of September, 1995. No. 32658-092595. AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 641, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, Robert C. Brammer, has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-3, Residential, Single-Family District, to C-2, General Commercial District, and C-l, Office District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Councll~; and WHEREAS, a public hearing was held by City Council on said application at its meeting on September 11, 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 Comp~ehensive Plan, and the matters Roanoke City Planning Commission September 11, 1995 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Robert C. Brammer, represented by David C. Helscher, Attorney, that a tract of land containing approximately 5.44 acres, located at 2941 Peters Creek Road, N.W., and described as Official Tax Number 6410103, be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District, and C-l, Office District, subject to certain proffered conditions. I. Background: Petition to conditionally rezone property from RS-3 to C-2 and C-1 was filed on 7/12/95. Purnose of the rezoning request is to permit the development of an office park with the flexibility for retail sales on property fronting Peters Creek Road. Several adiacent properties have been rezoned from residential to commercial since 1977. In summary, these properties include: Portion of adjacent Tax Number 6410101, (2.9 acres of 7.6). was rezoned in 1977 from RS-3 to C-2 for a distance of 250 feet. Originally, the entire parcel was requested for rezoning, but Planning Commission expressed concerns regarding the need for rezoning the entire parcel and the petition was amended to include only the front portion of the property. Small retail and office buildings were later constructed on the property. Remainder of Tax Number 6410101 rezoned in 1985 from RS-3 to C-2 and C-1 conditional. Conditions related generally to the design of the buildings, the inclusion of a frontage access road parallel to Peters Creek Road, and 25- foot buffeting of adjacent residential properties. Tax Numbers 6421203, 6421204, and a portion of 6421205 (at North Lakes Drive) were rezoned in 1989 from RS-3 to C-2 conditional for an automobile sales dealership. Proffered conditions related generally to access, including Room162 MunicipalBuilding 215ChurchAvenue, S.W. Roanoke, Virginia24011 (703)981-2344 Members of Council Page 2 the provision of a 30-foot wide frontage road, buffering of residential uses, and limitations on uses of the property. Property has had grading, but no building constructed. Tax Number 6421201 was rezoned in 1985 from RS-3 tO C-2 conditional for an automobile sales dealership Proffered conditions related to limitations on the uses of the property, the provision of a frontage road, buffering, and development according to a submitted plan. Property is now the location of Woodson Honda. II. Current Situation: Request for rezoning is for C-2 for the first 250 feet of the oroperty and C-1 for the, remainder of the property. Metes and bounds description is to be completed and submitted by mid-September. Initial petition to rezone with proffered conditions was submitted on 7/12/95. Many of the conditions needed clarification and were not enforceable. First Amended Petition to Rezone was submitted on 7/27/95, prior to the Planning Commission public hearing. Conditions were clarified and enforceable. A revised concept plan for the development was also submitted. Second Amended Petition to Rezone was submitted on 8/9/95, after the Planning Commission public hearing to address storm water management concerns of the Commission. The proffered conditions of the rezoning request are as follows: "The Property will be developed in substantial conformity with the existing Brammer Village Complex on Official Tax No. 6410101 which adjoins the property to the north. The buildings will vary in size but will all utilize a one- story brick with wood trim and hip roof architectural design with the exception of two of the buildings which will be two stories of the same architectural design. The property will be landscaped to the same extent or more densely than the existing Brammer Village with a mix of ornamental trees and shrubs." "In order to deal with the increased traffic which will be generated by the retail and commercial use of the property, Petitioner will reserve a 30-foot wide area across the front of the property parallel to Peters Creek Road for a frontage access road to be dedicated in the future, in the event the City and/or VDOT go forward with such construction. This area is to be shown on future Comprehensive Site Plans prepared for this property." Members of Council Page 3 "For the C-2 portion of the property, Petitioner agrees that the following uses would be excluded from the property: fast food restaurants, neighborhood and highway convenience stores; outdoor advertising; gas stations; establishments primarily engaged in the sale or rental of automobiles, trucks and construction equipment; automobile cleaning facilities; automobile repair establishments; bus terminals; kennels." "Petitioner will preserve existing vegetation and establish a dense vegetative screen around those portions of the property which adjoin property zoned RS-3 in accordance with Exhibit C subject to any changes required for screening required by the City Comprehensive Development Review. Petitioner will establish the screen at varying widths averaging 20 feet along the northerly boundary adjoining Tax Parcel 6410102, averaging 25 feet along the southeasterly boundary adjoining Tax Parcel 6410116 and 30 feet along a portion of the southwesterly boundary adjoining Tax Parcel 6410105, said area identified on said Exhibit B as the portion of the property to the west of the 'dashed line.' Petitioner will preserve the existing vegetative screen within these areas retaining oaks, maples, poplars and other deciduous trees with trunks of at least a 4-inch caliber, or will substitute compatible plantings to meet City screening requirements. Petitioner will also erect intermittent landscape berms along outside perimeter of the parking area on that portion of the property, which will supplement a mix of deciduous trees such as oak, maple, bradford pear and low growing plantings such as juniper, holly, yew and similar ornamental shrubs." "Petitioner will provide a boundary survey of the property within 60 days of the filing of this petition which will give the precise location of the C-1 and C-2 portions of the property." "Petitioner agrees to provide a master storm water management plan as part of the Comprehensive Development Plan Review for the project, which will deal with the storm water run-offrequirements for the subject property as well as the existing Brammer Village Complex located on official tax number 6410101. Petitioner agrees that the storm water management facilities will be designed and constructed to take into account the needs of the existing Brammer Village Complex as well as the subject property and will be designed so both of the tracts are served by storm water management facilities with capacity which exceeds the storm water management policies as set forth by the City Engineer." Planning Commission public hearing was held on 8/2/95. The first amended petition and revised concept plan that had been submitted prior to the meeting resolved most of the outstanding issues. Concerns for storm water management in the Peters Creek watershed and on the subject property were discussed by the Commission. Members of Council Page 4 Petitioner's attorney proffered to coordinate drainage facilities and to provide increased storm water management design capacity for the project. The rezoning request was unanimously approved by the Commission. III. Issues: Zonine of subject property is RS-3, Residential Single Family, Medium Density District. Requested rezoning is for C-2, General Commercial and C-l, Office District, subject to the above noted conditions. Conditions of the rezoning address use of the property, design of the buildings, and provision of a frontage road. The development plan is not proffered. Land use of ~ubject property is presently vacant land. Petitioner proposes to expand an existing office park adjacent to the property. Land use along Peters Creek Road is a combination of office, retail commercial, and light manufacturing. Only a few residential properties remain in this portion of Peters Creek Road. The rear portion of the property abuts a single family residential neighborhood. Several parcels in this area of Peters Creek Road have been rezoned and developed commercially in the past ten years. Access to the subject property would be coordinated with the adiacent commercial Office park which has access to a median crossing on Peters Creek Road. In addition, a condition of the rezoning would provide land for a future frontage road along the front of the property which essentially could extend from Woodson Honda to the subject property, allowing for improved access through the traffic signal at North Lakes Drive. Storm water management along Peters Creek has been an issue in this area. Regional detention areas have been studied for this region to limit the number of individual facilities required and reduce impact of storm water runoff on downstream properties. However, the present likelihood of regional implementation is uncertain and the detention locations studied to date are not in close proximity to the subject property. Consequently, runoffwill have to be managed on site. While the best method of storm water management for the property has not been determined at this time, the petitioner has agreed to meet and exceed the city's requirements for storm water management as well as coordinate facilities on the adjacent property and develop a master storm water management plan for the entire development. Property is located adjacent to an airport approach zone to runway number 6 and is located within a 60 decibel (dB) day-night average sound level (Ldn) contour. While both residential and commercial uses are permitted within this noise contour level, residential uses are not considered compatible for levels exceeding 65 dB and single family residential uses are considered only marginally compatible for areas above 55 dB. Members of Council Page 5 Neighborhood is not represented by an organized neighborhood group. In the past, residents of the neighborhood abutting previous properties requested for rezoning have had concerns regarding buffering, through traffic, and noise that may be generated by new commercial development. The rear third of the property requested for rezoning encroaches upon the residential development of the area. Petitioner has proffered to buffer the development with existing vegetation and landscape screening. G. Comprehensive Plan recommends that: Neighborhood character and environmental quality should be protected. Changes in land use in or near residential areas should be carefully evaluated and designed to conserve and enhance neighborhood quality. Controls which ensure that new commercial developments are good neighbors should be strengthened where necessary. Development of new commercial areas should be carefully planned and designed to promote quality development and good land use. Transoortation systems (highways, air, etc.) are important to Roanoke's economic development and should be carefully planned. IV. Alternatives: A. City Council approve the rezoning request. Zonin~ is changed from RS-3 to conditional C-2 and C-1. Proffered conditions address planning concerns. Land use of the property is changed tO commercial. Various commercial uses have been excluded from future development in the proffered conditions. Access to the property is to be from Peters Creek Road Joint management of traffic ingress and egress is proposed through shared access of the existing median crossing and the opportunity for a future frontage road. Storm water management is to be handled on ~ite according to established city standards and will include a master management Dian as well as increased capacity to retain runoff Airoort noise could affect future development on the property. Commercial development should be encouraged over residential uses. Members of Council Page 6 6. Neighborhood impact minimized. Buffering of adjacent residential uses and retention of existing forested vegetation has been addressed by proffered conditions. 7. Comprehensive plan could be followed. B. City Council deny the rezoning request. 1. Zoninc, remains RS-3. 2. Future land uses are restricted to those permitted in RS-3 zone. 3. Access is not an issue. 4. Storm water management is not an issue. 5. Airport noise could be an issue for future residential uses. 6. Neighborhood impact is not an issue. 7. Comprehensive Plan may not be followed. Single family residential development is not the most appropriate land use for this property. Recommendation: By a vote of 7-0, the Roanoke City Planning Commission recommended approval of the reauested rezoning. Commercial development of the subject property is in keeping with the comprehensive plan and better suited to this portion of Peters Creek Road than residential development. Proffered conditions of the rezoning address planning issues relating to development of the property, storm water management, and buffering of adjacent residential uses. Respectfully submitted, Carolyn H. Coles, Chairman Roanoke City Planning Commission Members of Council Page 7 SL:CLH:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Attorney for the Petitioner RECEIVED VIRGINIA.:~. ~ tlll~ 1 0 1~5 f'~--~ SECOND AMENDED PETITION TO REZONE CFP~0FROANOKE ~ % IN THE COUNCIL OF THE CITY OF ROANOKE OEPAR'i'NIENTOFPLANNINGAND k~_~ ~ COMMUNITY I~WELOPMENT ~,--"~T ~E: Rezo~i~g of a tract of land. lying in the City of Roanoke, Virginia, including 2941 Peters Creek Road, NW, Tax Map Number 6410103, from RS-3 to C-2 (front 250 feet) and C-1 for the remainder of the property, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE. The Petitioner, ROBERT C. BRAMMER, owns land in the City of Roanoke containing 5.44 acres, more or less, located at 2941 Peters Creek Road, N-W, Roanoke, Virginia, Tax Map Number 6410103 (hereinafter the "Property"). Said tract is currently zoned RS-3. A map of the Property to be rezoned is attached as EXHIBIT A. 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 Residential Single-Family District to C-2 General Commercial District (depth of 250 feet from front property line at Peters Creek Road) and C-1 Office District (remainder of property), subject to certain conditions set forth below, for the purpose of constructing a professional office and retail complex (see EXHIBIT B concept plan attached hereto). 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 be consistent with the zoning classifications for properties which adjoin it on either side and in furtherance of the City's comprehensive plan. The Petitioner tract is rezoned as to, and that the conditions: hereby proffers and agrees that if the said requested, that the rezoning will be subject Petitioner will abide by, the following 1. The Property will be developed in substantial conformity with the existing Brammer .Village Complex on Official Tax No. 6410101 which adjoins the property to the north. The buildings will vary in size but will all utilize a one-story brick with wood trim and hip roof architectural design with the exception of two of the buildings which will be two stories of the same' architectural design. The property will be landscaped to the same extent or more densely than the existing Brammer Village with a mix of ornamental trees and shrubs. 2. In order to deal with the increased traffic which will be generated by the retail and commercial use of the Property, Petitioner will reserve a 30-foot wide area across the front of the Property parallel to Peters Creek Road for a frontage access road to be dedicated in the future, in the event the City and/or VDOT go forward with such construction. This area is to be shown on future Comprehensive Site Plans prepared for this property. 3. For the C-2 portion of the Property, Petitioner agrees that the following uses would be excluded from the property: fast- food restaurants, neighborhood and highway convenience stores; outdoor advertising; gas stations; establishments primarily engaged in the sale or rental of automobiles, trucks and construction 2 equipment; automobile cleaning facilities; automobile repair establishments; bus terminals; kennels. 4. Petitioner will preserve existing vegetation and establish a dense vegetative screen around those portions of the property which adjoin property zoned RS-3 in accordance with ~X~IBIT C subject to any changes required for screening required by City Comprehensive Development Review. Petitioner will establish the screen at varying widths averaging 20 feet along the northerly boundary adjoining Tax Parcel 6410102, averaging 25 feet along the southeasterly boundary adjoining Tax Parcel 6410116 and 30 feet along a portion of the southwesterly boundary adjoining Tax Parcel 6410105, said area identified on said EX~tIBIT B as the portion of the property to the west of the "dashed line." Petitioner will preserve the existing vegetative screen within these areas retaining oaks, maples, poplars and other deciduous trees with trunks of at least a 4 inch caliber, or will substitute compatible plantings to meet City screening requirements. Petitioner will also erect intermittent landscape berms along outside perimeter of the parking area on that portion of the property, which will supplement a mix of deciduous trees such as oak, maple, bradford pear and low growing plantings such as juniper, holly, yew and similar ornamental shrubs. 5. Petitioner will provide a boundary survey of the property within 60 days of the filing of this petition which will give the precise location of the C-1 and C-2 portions of the property. 6. Petitioner agrees to provide a master storm water management plan as part of Comprehensive Development Plan review for the project, which will deal with the storm water run-off requirements for the subject property as well as the existing Brammer Village Complex located on official tax number 6410101. Petitioner agrees that the storm water management facilities will be designed and constructed to take into account the needs of the existing Brammer Village Complex as well as the subject property and will be designed so both of the tracts are served by storm water management facilities with capacity which exceeds the storm water management policies as set forth by the City Engineer. Attached as EXHIBIT D are the names, addresses and tax map numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a street or road from the Property to be rezoned. Wt~EREFORE, 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 3rd day of August, 1995. ROBERT C. BPuAMMER David C. Helscher JOLLY, PLACE, FRALIN & PRILLAMAN, 3912 Electric Road, S.W. P. O. Box 20487 Roanoke, VA 24018-0049 (703) 989-0000 Counsel for Petitioner, Robert C. Brammer 4 1 I o / o DATE: DRWN BY: ~& I OF: ~ ?"MIBIT "C" CONTINUED EXHIBIT D LIST OF ADJOINING PROPERTY OWNERS AND ADDRESSES Tax Map No. Name/Address 6410101 Robert C. Brammer 2386 Loch Haven Drive, Roanoke, VA 24019 6410102 william E. and Elayne S. Stader c/o Republic Bank for Savings 1 Hanson Place - Mortgage Escrow Brooklyn, NY 11243 6410104 James S. Bolling 295 Spinnaker Court Moneta, VA 24121 6410105 Cedric H. and Guida V. Poff 2903 Peters Creek Road, NW Roanoke, VA 24019 6410106 Cedric H. and Guida V. Poff 2903 Peters Creek Road, NW Roanoke, VA 24019 6410113 Joan F. Showalter 55 East 9th Street New York, NY 10003 6410116 Edwin Dove Showalter Lura Showalter c/o Joan Showalter 55 East 9th Street New York, NY 10003 37.13-4-3.2 Miller Tire Service 916 Kenbridge Drive Salem, VA 24153 37.14-1-51 37.13-4-2.1 Myrtle A. Payne 2401 Carriage House Court Salem, VA 24153 Hu~ton/GSH American Storage c/o Goodman Segar Hogan Inc. 900 World Trade Center ATTN: F. Cutler Norfolk, VA 23510 37.13 -4-2 Virginia Minni-Storage Assoc. c/o T. N. Nicholson, Jr. 819 whittle Creek Road Norfolk, VA 23505 O? [010~ TA3C C-.~tOto ~ 4 C 5.4.q 4 TOTAL "r'A.~ )4_~ c-~4-1OlO~ "~I3-AMI'4~c--~- LEGAL 'TAX. M° G41OtO~, ENe. -rAy.. ).t-° G4.1ot(37-- MOTE: TIlE Ad Number: Publisher's Fee: Roanoke Times & World-News 82552399 $98.80 DAVID C. HELSCHER 3912 ELECTRIC ROAD PO BOX 20487 ROANOKE, VA 24018 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: 08/25/95 FULL RUN - Friday 09/01/95 FULL RUN - Friday Witness, this 8th day of September 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, September 11, 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 RS-3, Residential Single-Family District, to C-2, General and C-l, Office District, the following Commercial District, property: A 5.44-acre tract of land located at 2941 Peters Creek Road, N.W., bearing Official Tax No. 6410103, such rezoning to be subject to certain proffered conditions. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 23rd day of ^u~ust , 1995. Mary F. Parker, City Clerk. Publish in the Roanoke Times and World-News. once on Friday, August 25, 1995 and once on Friday, September 1, 1995. Send publisher's affidavit to: Send biU to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 David C. Helscher, Attorney Jolly, Place, Fralin and Priltaman P. O. Box 20487 Roanoke, Virginia 24018-0049 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 August 24, 1995 File #200-51-266-450-514 David C. Helscher, Attorney Jolly, Place, Frelin and Prillaman P. O. Box 20487 Roanoke, Virginia 24018 Dear Mr. Helscher: 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, September 11, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Robert C. Brarnmer that a tract of land containing 5.44 acres, more or less, located at 2941 Peters Creek Road, N. W., described as Official Tax No. 6410103, be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District, and C-1, Office District, subject to certain conditions proffered by the petitioner. For your information, I am enclosing copy of a notice of the public hearing and a report of the City Planning Commission with regard to the request for rezoning. Please review the 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. David C. Helscher, Attorney August24,1995 Page 2 It will be necessary for you or a representative to be present at the September 11 public hearing. Failure to appear could result in a deferral of the request for rezoning until a later date. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm September Enc. pc; Mr. William Stader, 4464 Oleva Street, N. W., Roanoke, Virginia 24017 Mr. James S. Bolling, 6114 Plantation Road, N. W., Roanoke, Virginia 24019 Mr. and Mrs. Cedric Poff, 2903 Peters Creek Road, N. W., Roanoke, Virginia 24019 Mr. and Mrs. Edwin D. Showalter, c/o Ms. Joan Showalter, 55 East 9th Street, New York, New York 10003 Miller Tire Service, 916 Kenbridge Drive, Salem, Virginia 24153 Ms. Myrtle Payne, 2401 Carriage House Court, Salem, Virginia 24153 Hutton/GSH American Storage, c/o Goodman Sega Hogan, Inc., Attention: Mr. F. Cutler, 900 World Trade Building, Norfolk, Virginia 23510 Virginia Mini-Storage Association, c/o T. N. Nicholson, Jr., 819 Whittle Creek Road, Norfolk, Virginia 23505 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 August11,1995 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 second amended petition from David C. Helscher, Attorney, representing Robert C. Brammer, requesting that a tract of land containing 5.44 acres, more or less, located at 2941 Peters Creek Road, N. W., described as Official Tax No. 6410103, be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District, and C-1, Office District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm r/brammer Enc, pc; The Honorable Mayor and Members of the Roanoke City Council David C. Helscher, Attorney, Jolly, Place, Fralin and Prillaman, P. O. Box 20487, Roanoke, Virginia 24018-0049 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 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 July 31, 1995 File #51 SANDRA H. EAKIN Deputy Cily 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 an amended petition from Devid C. Helscher, Attorney, representing Robert C. Brammer, requesting that a tract of land containing 5.44 acres, more or less, located at 2941 Peters Creek Road, N. W., described as Official Tax No. 6410103, be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District, and C-1, Office District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm r/brammer Enc. pc: The Honorable Mayor and Members of the Roanoke City Council David C. Helscher, Attorney, Jolly, Place, Fralin and Prillaman, P. O. Box 20487, Roanoke, Virginia 24018-0049 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 VIRGINIA: FIRST AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE IN RE: Rezoning of a tract of land lying in the City of Roanoke, Virginia, including 2941 Peters Creek Road, NW, Tax Map Number 6410103, from RS-3 to C-2 (front 250 feet) and C-1 for the remainder of the property, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE. The Petitioner, ROBERT C. BR3~MMER, owns land in the City of Roanoke containing 5.44 acres, more or less, located at 2941 Peters Creek Road, NW, Roanoke, Virginia, Tax Map Number 6410103 (hereinafter the "Property"). Said tract is currently zoned RS-3. A map of the Property to be rezoned is attached as EXHIBIT A. 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 Residential Single-Family District to C-2 General Commercial District (depth of 250 feet from front property line at Peters Creek Road) and C-1 Office District (remainder of property), subject to certain conditions set forth below, for the purpose of constructing a professional office and retail complex {see EXHIBIT B concept plan attached hereto). 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 be consistent with the zoning classifications for properties which adjoin it on either side and in furtherance of the City's comprehensive plan. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: 1. The Property will be developed in substantial conformity with the existing Brammer Village Complex on Official Tax No. 6410101 which adjoins the property to the north. The buildings will vary in size but will all utilize a one-story brick with wood trim and hip roof architectural design with the exception of two of the buildings which will be two stories of the same architectural design. The property will be landscaped to the same extent or more densely than the existing Brammer Village with a mix of ornamental trees and shrubs. 2. In order to deal with the increased traffic which will be generated by the retail and commercial use of the Property, Petitioner will reserve a 30-foot wide area across the front of the Property parallel to Peters Creek Road for a frontage access road to be dedicated in the future, in the event the City and/or VDOT go forward with such construction. This area is to be shown on future Comprehensive Site Plans prepared for this property. 3. For the C-2 portion of the Property, Petitioner agrees that the following uses would be excluded from the property: fast- food restaurants, neighborhood and highway convenience stores; outdoor advertising; gas stations; establishments primarily engaged in the sale or rental of automobiles, trucks and construction 2 equipment; automobile cleaning facilities; automobile repair establishments; bus terminals; kennels. 4. Petitioner will preserve existing vegetation and establish a dense vegetative screen around those portions of the property which adjoin property zoned RS-3 in accordance with EXHIBIT C subject to any changes required for screening required by City Comprehensive Development Review. Petitioner will establish the screen at varying widths averaging 20 feet along the northerly boundary adjoining Tax Parcel 6410102, averaging 25 feet along the southeasterly boundary adjoining Tax Parcel 6410116 and 30 feet along a portion of the southwesterly boundary adjoining Tax Parcel 6410105, said area identified on said EXHIBIT B as the portion of the property to the west of the "dashed line." Petitioner will preserve the existing vegetative screen within these areas retaining oaks, maples, poplars and other deciduous trees with trunks of at least a 4 inch caliber, or will substitute compatible plantings to meet City screening requirements. Petitioner will also erect intermittent landscape berms along outside perimeter of the parking area on that portion of the property, which will supplement a mix of deciduous trees such as oak, maple, bradford pear and low growing plantings such as juniper, holly, yew and similar ornamental shrubs. 5. Petitioner will provide a boundary survey of the property within 60 days of the filing of this petition which will give the precise location of the C-1 and C-2 portions of the property. 3 Attached as EXHIBIT D are the names, addresses and tax map numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a 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 27th day of July, 1995. ROBERT C. BRAMMER By: If Coun~e 1 David C. Helscher JOLLY, PLACE, FPJILIN & PRILLAMAN, P.C. 3912 Electric Road, S.W. P. O. Box 20487 Roanoke, VA 24018-0049 (703) 989-0000 Counsel for Petitioner, Robert C. Brammer 4 E X H I B I T "A" ! o 6~110133 ~,41010,Z · 8~ Ac. ~l &410105 " 4. aO A,'. 5. 7~ Ac. E X H I B I T "B" CONCE~ol~ PLAN ROBERT C. BRAMMER, SR. EXHIBIT 0-% o I o DATE: DHWN BY: ~.~. '~ OF: ~ EXHIBIT "C" CONTINUED SCALE: ~.~ ~, DATE:q-%q-q ~ DRWN BY: '0,5 E. NO,: ?.. OF: ~ EYHIBIT 'lC" CONTINUED EXHIBIT D LIST OF ADJOINING PROPERTY OWNERS A~D ADDRESSES Tax Map No. Name/Address 6410101 Robert C. Brammer 2386 Loch Haven Drive, Roanoke, VA 24019 6410102 william E. and Elayne S. Stader c/o Republic Bank for Savings 1 Hanson Place - Mortgage Escrow Brooklyn, NY 11243 6410104 James S. Bolling 295 Spinnaker Court Moneta, VA 24121 6410105 Cedric H. and Guida V. Poff 2903 Peters Creek Road, NW Roanoke, VA 24019 6410106 Cedric H. and Guida V. Poff 2903 Peters Creek Road, NW Roanoke, VA 24019 6410113 Joan F. Showalter 55 East 9th Street New York, NY 10003 6410116 Edwin Dove Showalter Lura showalter c/o Joan Showalter 55 East 9th Street New York, NY 10003 37.13-4-3.2 Miller Tire Service 916 Kenbridge Drive Salem, VA 24153 37.14-1-51 Myrtle A. Payne 2401 Carriage House Court Salem, VA 24153 37.13-4-2.1 Hutton/GSH American Storage c/o Goodman Segar Hogan Inc. 900 World Trade Center ATTN: F. Cutler Norfolk, VA 23510 37.13-4-2 Virginia Minni-Storage Assoc. c/o T. N. Nicholson, Jr. 819 Whittle Creek Road Norfolk, VA 23505 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 July 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 David C. Helscher, Attorney, representing Robert C. Brammer, requesting that a tract of land containing 5.44 acres, more or less, located at 2941 Peters Creek Road, N. W., described as Official Tax No. 6410103, be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District, and C-1, Office District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm r/brammer Enc. pc: The Honorable Mayor and Members of the Roanoke City Council David C. Helscher, Attorney, Jolly, Place, Fralin and Prillaman, P. O. Box 20487, Roanoke, Virginia 24018-0049 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 VIRGINIA: IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE Rezoning of a tract of land lying in the City of Roanoke, Virginia, including 2941 Peters Creek Road, NW, Tax Map Number 6410103, from RS-3 to C-2, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE. The Petitioner, ROBERT C. BRAMMER, owns land in the City of Roanoke containing 5.44 acres, more or less, located at 2941 Peters Creek Road, NW, Roanoke, Virginia, Tax Map Number 6410103 (hereinafter the "Property'.). Said tract is currently zoned RS-3. A map of the Property to be rezoned is attached as EXHIBIT A. 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 Residential Single-Family District to C-2 General Commercial District (front 250 feet) and C-1 Office District (remainder of property), subject to certain conditions set forth below, for the purpose of constructing a professional office and retail complex (see EXHIBIT B concept plan attached hereto). 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 be consistent with the zoning classifications for properties which adjoin it on either side and in furtherance of the City's comprehensive plan. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: 1. The Property will be developed in substantial conformity with the same style and quality of construction as the existing Brammer Village Complex which adjoins the property to the north. 2. In order to deal with the increased traffic which will be generated by the retail and commercial use of the Property, Petitioner will provide an area at the front of the Property for future construction of a frontage access road, parallel to Peters Creek Road. 3. For the C-2 portion of the Property Petitioner agrees that the following uses would be excluded from the property: neighborhood and highway convenience stores; outdoor advertising; gas stations; establishments primarily engaged in the sale or rental of automobiles, trucks and construction equipment; automobile cleaning facilities; automobile repair establishments; bus terminals; kennels. 4. As to the C-2 portion of the Property there will be no outside storage of goods and all displays will be within enclosed buildings. 5. Petitioner will leave as much as possible of the existing natural screening and buffering along the boundary lines adjoining RS-3 portions of Tax Parcels 6410105 and 6410116 6410102. Attached as EXHIBIT C are the names, addresses and tax map numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a 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 12th day of July, ROBERT C. BRAMMER By: 1995. Of Counsel David C. Helscher JOLLY, PLACE, FRALIN & PRILLAMAN, 3912 Electric Road, S.W. P. O. Box 20487 Roanoke, VA 24018-0049 (703) 989-0000 Counsel for Petitioner, Robert C. Brammer 3 E X H I B I T "A" GqlO/o~ ~. I0 4c ~¢1010~ ~. ~0 ~c % $48.7 EXHIBIT C LIST OF ADJOINING PROPERTY OWNERS AND ADDRESSES Tax MaD No. 6410101 ~dress Robert C. Brammer 2386 Loch Haven Drive, Roanoke, VA 24019 6410102 william E. and Elayne S. Stader c/o Republic Bank for Savings 1 Hanson Place - Mortgage Escrow Brooklyn, NY 11243 6410104 James S. Bolling 295 Spinnaker Court Moneta, VA 24121 6410105 Cedric H. and Guida V. Poff 2903 Peters Creek Road, NW Roanoke, VA 24019 6410106 Cedric H. and Guida V. Poff 2903 Peters Creek Road, NW Roanoke, VA 24019 6410113 Joan F. Showalter 55 East 9th Street New York, NY 10003 6410116 Edwin Dove Showalter Lura Showalter c/o Joan Showalter 55 East 9th Street New York, NY 10003 37.13-4-3.2 Miller Tire Service 916 Kenbridge Drive Salem, VA 24153 37.14-1-51 Myrtle A. Payne 2401 Carriage House Court Salem, VA 24153 37.13-4-2.1 Hutton/GSH American Storage c/o Goodman Segar Hogan Inc. 900 World Trade Center ATTN: F. Cutler Norfolk, VA 23510 37.13-4-2 Virginia Minni-Storage Assoc. c/o T. N. Nicholson, Jr. 819 whittle Creek Road Norfolk, VA 23505 · N~)TICE OF PUBLIC HEARING BEFORE TI-IE;~OANO~,~ CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, August 2, 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 Robert C. Brammer, represented by David C. Helscher, attorney, that a tract of land located at 2941 Peters Creek Road, N.W., designated as Official Tax No. 6410103 and currently zoned KS-3, Residential Single Family District, be rezoned to C-2 General Commercial District, for the front depth of 250 feet, and C-I, Office District, for the remainder of the tract, with such rezoning being subject to certain conditions proffered by the petitioner. 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, July 18, 1995 and July 25, 1995 Please bill: David C. Helscher Jolly, Place, Fralin 8: Prillaman, PC P. O.Box 20487 Roanoke, VA 24018-0049 (703) 989-0000 Please send affidavit of publication to: Department of Planning and Community Development Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 PERTAINING TO THE REZONIfl~.~G REQUEST OF: Robert C. Brammer, Official Tax Nos. 6410103 rezone from RS-3 to C-2 and C-I, conditional COMMONWEALTH OF VIRGINIA ) ) TO-WTI': CITY OF ROANOKE ) )AFFIDAVIT ) the parcels listed below at their last known address: Parcel Owner. Agent or Occupant 6410101 Applicant 6410133 6410102 William and Elayne Stader 6410104 James S. Bolling 6410105 Cedric and Guida Poff Edwin Dove Showalter Lura Showalter c/o Joan Showalter Miller Tire Service Myrtle Payne Hutton/GSH American Storage c/o Goodman Sega Hogan Inc. Attention: F. Cutler Virginia Mini-Storage Association c/o T. N. Nicholson, Jr. artha Pac~ Franklin 6410116 County County County County Address 4464 Oleva Street, NW Roanoke, VA 24017 6114 Plantation Road Roanoke, VA 24019 2903 Peters Creek Road, NW Roanoke, VA 24019 55 East 9th Street New York, NY 10003 22-23 Thirtieth Street Astoria, NY 11102 916 Kenbridge Drive Salem, VA 24153 2401 Carriage House Court Salem, VA 24153 900 World Trade Norfolk, VA 23510 819 Whittle Creek Road Norfolk, VA 23505 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 24th day of July, 1995, notices of a public hearing to be held on the 2nd day of August, 1995, on the rezoning captioned above to the owner or agent of SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 24th day of July, 199~~ ~. ~ Notary Public My Commission Expires: //~/ / ~,~r/ 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 September 28, 1995 File #~.32-132-137-178 Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia Dear Mr. Dibling: At a regular meeting of the Council of the City of Roanoke held on Monday, September 25, 1995, Council Member Parrott referred to an article that was published in the Sunday, September 24, 1995, edition of the J~3.P. Ee..[i]/l~ in regard to problems associated with substandard housing. He requested that you advise Council if there is a need for the City to adopt additional enforcement measures and whether or not Federal laws interfere with the City's enforcement efforts. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm pc: W. Robert Herbert, City Manager DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011 - 1594 Telephone: (703) 981-2444 September 25, 1995 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: The National League of Cities will meet on November 29 - December 2, 1995, in Phoenix, Arizona. The Annual Business Session will be held on Saturday, December 2, and in past years the Mayor and Vice-Mayor have served as Voting Delegate and Alternate Voting Delegate. I will be pleased to serve as your Voting Delegate; however, it is my understanding that the Vice-Mayor will be unable to attend the Conference this year. Therefore, it is requested that Council designate an Alternate Voting Delegate. Best personal regards. Sincerely, David A. Bowers Mayor DAB:sm