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Home My WebLink AboutCouncil Actions 06-03-96BOWLES 32960 ROANOKE CITY CO UNCIL VINTON TO WN CO UNCIL JUNE 3, 1996 12:00 noon VINTON WAR MEMORIAL AGENDA 2. 3. 4. 5. Call to Order -- Roll Call. Invocation. Lunch. Discussion of Agenda Items: Hearing of Citizens Upon Public Matters: None. Council Member Butler was absent. Mayor Charles IL Hill, Vinton Town Council. ROANOKE CITY CO UNCIL REGULAR WEEKLY SESSION JUNE 3, 1996 2:00p. m. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order -= Roll Call. Council Member Buffer was absent The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Welcome. Mayor Bowers. ANNOUNCEMENTS: None. 0 CONSENT AGENDA (APPROVED 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 C-2 C-3 C-4 C-5 Minutes of the regular meetings of City Council held on Monday, March 4, 1996, and Monday, March 18, 1996. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. A communication fi.om Mayor David A. Bowers requesting an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of V/rginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene File #15-110-132 Executive Session. A communication fi.om Mayor David A. Bowers requesting an Executive Session to discuss a personnel matter, being the appointment of a person to fill the unexpired term of the City Treasurer, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene ha File #34-132-184-202 Executive Session. A report with regard to the Rental Inspections Program. RECOMMENDED ACTION: Concur ha request to continue until June 17, File #32-178-183-200 1996. Qualification of Carolyn L. Word as a member of the Youth Services Citizen Board for a term ending May 31, 1999. RECOMMENDED ACTION: Receive and file. File #15-110-304 REGULAR AGENDA 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: a# Request to address Council with regard to the City's Zoning regulations requiring a special exception to be granted by the Board of Zoning Appeals for tents used for public assembly. The Reverend Shadrack Brown, Jr., Spokesperson. (5 minutes) Referred to the City Manager for study, report and recommendation to Council. File #66-51 b. Other Hearing of Citizens: Mr. Bill Ballentine, 3321 Birchwood Street, N. E., addressed City Council with regard to reco~t, nition of Breckinridge Middle School as the former William Fleming High School. File 0467 Council voted to reconsider the request of Douglas E. Caton that a portion #fa certain tract of land located at Official Tax Nos. 7090506 and 7090501, fronting Orange Avenue and King Street, N. E., be rezoned from C-2, General Commercial District, and RS-:}, Residential Single-family District, to RM-2, Residential Multi-family District, subject to certain conditions proffered by the petitioner. A public hearing was scheduled to be held on Monday, July 15, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard. (Council Member McCadden voted no.) File #51 4. PETITIONS AND COMMUNICATIONS: a# A communication from Mayor David A. Bowers with regard to recognizing and honoring James N. Kincanon for more than fifty years of service as Secretary-Treasurer of the Roanoke Bar Association. Adopted Resolution No. 32960-060396. (6-0) File #80-129 4 A communication from the Roanoke City School Board requesting appropriation of $125,976.00 from the 1995-96 Capital Maintenance and Equipment Replacement Fund, to purchase technology software based on school requests, replace an overage maintenance vehicle, make facility repairs resulting from winter storm damage, meet ADA access requirements, and purchase furniture and equipment for Jackson Middle School and the new modular additions; appropriation of$110,000.00 to the Schools' General Fund for additional cafeteria revenues; and a report of the Director of Finance recommending that Council concur in the request. Adopted Budget Ordinance No. 32962-060396. (6-0) File #60-270-467-472 REPORTS OF OFFICERS: a. CITY MANAGER: None. ITEMS RECOMMENDED FOR ACTION: A report recommending execution of Amendment No. 2 to the 1995-96 HOME Investment Partnerships Program agreement with the City of Roanoke Redevelopment and Housing Authority; and transfer of funds in connection therewith. Adopted Budget Ordinance No. 32963-060396 and Resolution No. 32964-060396. (6-0) File #72-178-183-200-236 A report recommending transfer of funds to cover workers' compensation claims during the current fiscal year. Adopted Budget Ordinance No. 32965-060396. (6-0) File #60-63 o A report recommending transfer of $75,000.00 to the Snow Removal Budget. Adopted Budget Ordinance No. 32966-060396. (6-0) File #60-183-184-361-410-514 A report recommending execution of a new lease agreement between the City and the Estate of James L. Trinkle for use of office space at 120 West Kirk Avenue by the Occupational Health Nurse. Adopted Ordinance No. 32967-060396. (5-0, Mayor Bowers abstained from voting.) File 088-184-202-373 A report recommending execution of an agreement with Briar Oak Investments II, L.L.C., for a grant not to exceed $10,000.00 ha Community Development Block Grant funds for rehabilitation of two buildings located at 15 East Salem Avenue. Adopted Resolution No. 32968-060396. (6-0) File #178-183-200-216-236-249-450 A report with regard to roadway construction to provide an industrial access road for Roanoke Electric Steel Corporation. Adopted Resolution No. 32969-060396. (5-0, Council Member Parrott abstained from voting.) File 020-77-183-207-514 A report recommending transfer of $100,000.00 from Sewage Treatment Plant Retained Earnings to cover the cost of filter media replacement at the Water Pollution Control Plant. Adopted Budget Ordinance No. 32970-060396. (6-0) File #27-60 A report recommending appropriation of $60,000.00 to cover the cost of certain operating expenses and adjustment of revenue estimates by $71,600.00 for the Roanoke Civic Center. Adopted Budget Ordinance No. 32971-060396. (6-0) File #60-192 A report recommending transfer of funds from existing expenditure accounts and increase of the revenue estimate for Emergency Medical Services billings to $1,095,000.00 to cover costs for enhanced Emergency Medical Services staffing and increased costs of collections. Adopted Budget Ordinance No. 32972-060396. (6-0) File #60-70-184-354 10. A report recommending execution of contracts with Total Action Against Poverty for Group Job Search and Work Experience to provide necessary training for participants of the Employment Services Program. Adopted Resolution No. 32973-060396. (6-0) File #72-226 11. A report recommending execution of a Shelter Plus Care Subrecipient agreement with the Roanoke Redevelopment and Housing Authority. Adopted Resolution No. 32974-060396. (6-0) File 072-178-236 12. A report with regard to the "Keep The Star White Campaign." Council voted to approve a 90-day trial period from September 1, 1996 - December 1, 1996, to turn the Mill Mountain Star red for 24-hours following a drug or alcohol- related traffic fatality in the Roanoke Valley. (Council Member McCadden voted no.) File #20-67-76-80 7 DIRECTOR OF FINANCE. A financial report for the month of April, 1996. Received and ~ed. File #I-10 A report with regard to eloseout of Community Development Block Grant Year B-93-MC-51-0020. Adopted Budget Ordinance No. 32975-060396. (6-0) File #60-178-200-236 A report recommending Ixansfer of appropriations between various departments to provide sufficient funds for internal services for the remainder of the current fiscal year. Adopted Budget Ordinance No. 32976-060396. (6-0) File #184-202 A report recommending transfer of appropriations for employee fringe benefits. Adopted Budget Ordinance No. 32977-060396. (6-0) File #60-184-202 6. REPORTS OF COMMITTEES: A report of the Cultural Services Committee recommending allocation of City funds to various non-profit agencies. Sandra W. Ryals, Chairperson. Adopted Budget Ordinance No. 32978-060396 and Resolution No. 32979-060396. (6-0) File #60-72-110-394 7. UNFINISHED BUSINESS: ao Reconsideration of Ordinance No. 32935-051396 setting the salaries of the Mayor and Members of Roanoke City Council. Adopted Ordinance No. 32980-060396. McCadden voted no.) File #132 (5-1, Council Member INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ao Ordinance No. 32951, on second reading, authorizing an agreement with other regional governments to effectuate regional enforcement of vehicle decal ordinances. Adopted Ordinance No. 32951-060396. (6-0) File #5-106-322 bo Ordinance No. 32953, on second reading, rezoning a certain tract of land located at 701 Salem Avenue, S. W., identified as Official Tax No. 1111118, fi.om LM, Light Manufacturing District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioner. Adopted Ordinance No. 32953-060396. (6-0) File #51 Ordinance No. 32954, on second reading, rezoning a portion of property identified as Official Tax No. 2761701, beginning at a point approximately 250 feet, more or less, south of Mekose Avenue, N. W., fi.om C-2, General Commercial District, to IPUD, Industrial Planned Unit Development District; property identified as Official Tax No. 2750101, fronting Polk Street, N. W., fi.om C-2, General Commercial District, to IPUD, Industrial Planned Unit Development District; and property 9 identified as Official Tax No. 2750102, fronting Michigan Avenue, N. W., from RM-1, Residential Multi-family, Low Density District, to IPUD, Industrial Planned Unit Development District, subject to certain conditions proffered by the petitioner. Adopted Ordinance No. 43954-060396. (6-0) File//51 Ordinance No. 32956, on second reading, mending and reordaining Sections 7-14, Pe~t llll~Lil~, of Article II,~, of Chapter 7, ]lllildi~; 11-9, Same - Review and fee, of Chapter 11, Erosion and Sediment Control; 26-4.1,-Sewer connection fees and charges, of Article I, ~ General, of Chapter 26, Sewers and Sewage Disposal; and 30-62, Fee, of Division 2, Pe~t, of Article III, ~I~la~, of Chapter 30, Streets and Sidewalk.% to provide an option for deferred payment of certain fees; and adding new Section 2-178.2, Deferred Pa_vment Pro,am, to Article VIII, F~ance ~, of Chapter 2, .Admini.qtration, of the Code of the City of Roanoke (1979), as amended, to establish procedures for a deferred payment program; and providing for an effective date. Adopted Ordinance No. ;12956-060396. (6-0) File #24-51-200-252-289 eo Ordinance No. 32959, on second reading, mending and reordaining Articles I and II, Chapter 19, l,&qg~Tll/cC.~, of the Code of the City of Roanoke (1979), as amended. Adopted Ordinance No. 32959-060396. (6-0) File #24-79-106-137-322 A Resolution recognizing and honoring the Honorable James E. Taliaferro, Mayor of the City of Salem, upon his retirement. Adopted Resolution No. 32961-060396. (6-0) File #80 l0 A Resolution requesting that Amtrak reinstate bus service from Roanoke to Clffion Forge in order to make Amtrak train service more accessible to the citizens of the City of Roanoke and the Roanoke Valley. Adopted Resolution No. 32981-060396. McCadden voted no.) File #55-137-340 (5-1, Council Member 9. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Council Member Wyatt inquired as to the status of the Citizens' Committee for the Modified Ward System. The City Manager advised it is anticipated that by June 7 responses will have been received from all organized neighborhood organizations who intend to participate, aider which time the process may proceed. Council Member McCadden inquired as to the status of the City Manager's report relating to a feasibility study for the Sports Complex (Victory Stadium and Field House). The City Manager advised it is anticipated that the report will be placed on Council's agenda for June 17, 1996. Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. CERTIFICATION OF EXECUTIVE SESSION. (6-0) Adopted Resolution No. 32982-060396 appointing David C. Anderson as City Treasurer for a term commencing upon his qualification and expiring on December 31, 1997. (6-0) File #34-184-202 Appointed Joseph F. Nash, Jr., as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 1997. File #15-110-488 12 Mary F. Parker, CMC/AAE cay C~erk CITY OF ROANOKE Office of the City Clerk Sandm H. Eakin Deputy city C~erk June 12,1996 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. 32951-060396 Ordinance No. 32953-060396 Ordinance No. 32954-060396 Ordinance No. 32956-060396 Ordinance No. 32959-060396 Resolution No. 32960-060396 Resolution No. 32961-060396 Budget Ordinance No. 32962-060396 Budget Ordinance No. 32963-060396 Resolution No. 32964-060396 Budget Ordinance No. 32965-060396 Budget Ordinance No. 32966-060396 Ordinance No. 32967-060396 Resolution No. 32968-060396 Resolution No. 32969-060396 Budget Ordinance No. 32970-060396 Budget Ordinance No. 32971-060396 Budget Ordinance No. 32972-060396 Resolution No. 32973-060396 Resolution No. 32974-060396 Budget Ordinance No. 32975-060396 W. Robert Herbert City Manager June 12, 1996 Page 2 Budget Ordinance No. 32976-060396 Budget Ordinance No. 32977-060396 Budget Ordinance No. 32978-060396 Resolution No. 32979-060396 Ordinance No. 32980-060396 Resolution No. 32981-060396 Resolution No. 32982-060396 The aboverefemnced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. If you have questions, please do not hesitate to call me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. Mary F. Parker, CMCIAAE c~ cbrk CITY OF ROANOKE Office of the City Clerk 8~ndra H. E~kin Deputy City Clerk June 12, 1996 WilbumC. Dibling, Jr. Ci~ AEomey Roanoke, Virginia Dear Mr. Dibling: I am attaching copy of the following measures that pertain to your department: Ordinance Ordinance Ordinance Ordinance Ordinance Ordinance Resolution No. 32951-060396 No. 32953-060396 No. 32954-060396 No. 32956-060396 No. 32959-060396 No. 32960-060396 No. 32961-060396 Resolution No. 32964-060396 Ordinance No. 32967-060396 Resolution No. 32968-060396 Resolution No. 32969-060396 Resolution No. 32973-060396 Resolution No. 32974-060396 Resolution No. 32979-060396 Ordinance No. 32980-060396 Resolution No. 32981-060396 Resolution No. 32982-060396 Wilburn C. Dibling, Jr. City Attorney June 12, 1996 Page 2 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. If you have questions, please do not hesitate to call me. Sincerely, Sandm H. Eakin Deputy City Clerk SHE:sm Enc. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMCIAAE cay Clerk 8andm H. Eakin Deputy Cay Clerk June 12,1996 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. 32951-060396 Ordinance No. 32953-060396 Ordinance No. 32954-060396 Ordinance No. 32956-060396 Ordinance No. 32959-060396 Ordinance No. 32960-060396 Budget Ordinance No. 32962-060396 Budget Ordinance No. 32963-060396 Resolution No. 32964-060396 Budget Ordinance No. 32965-060396 Budget Ordinance No. 32966-060396 Ordinance No. 32967-060396 Resolution No. 32969-060396 Budget Ordinance No. 32970-060396 Budget Ordinance No. 32971-060396 Budget Ordinance No. 32972-060396 Resolution No. 32973-060396 Resolution No. 32974-060396 Budget Ordinance No. 32975-060396 James D. Grisso Director of Finance June 12, 1996 Page 2 Budget Ordinance No. 32976-060396 Budget Ordinance No. 32977-060396 Budget Ordinance No. 32978-060396 Resolution No. 32979-060396 Ordinance No. 32980-060396 Resolution No. 32981-060396 Resolution No. 32982-060396 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. If you have questions, please do not hesitate to cell me. Sincerely, Sandre H. Eakin Deputy City Clerk SHE:sm Enc. Mary F. Parker, CMC/AAE C~ty Clerk CITY OF ROANOKE Office of the City Clerk 8andra H. Eakin Deputy c~y c~.rk June 12,1998 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. 32951-060396 Budget Ordinance No. 32962-060396 Budget Ordinance No. 32963-060396 Resolution No. 32964-060396 Budget Ordinance No. 32965-060396 Budget Ordinance No. 32966-060396 Ordinance No. 32967-060396 Resolution No. 32968-060396 Resolution No. 32969-060396 Budget Ordinance No. 32970-060396 Budget Ordinance No. 32971-060396 Budget Ordinance No. 32972-060396 Resolution No. 32973-060396 Resolution No. 32974-060396 Budget Ordinance No. 32975-060396 Budget Ordinance No. 32976-060396 Budget Ordinance No. 32977-060396 Budget Ordinance No. 32978-060396 Resolution No. 32979-060396 Ordinance No. 32980-060396 Resolution No. 32982-060396 Diane S. Akers Budget Administrator June 12, 1996 Page 2 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. If you have questions, please do not hesitate to cell me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. Mary F. Parker, CMC/AAE Cay Clerk CITY OF ROANOKE Office of the City Clerk 8andre H. Eakin Deputy c~ c~k June 12, 1996 Lori S. Spencer Grants Monitor Roanoke, Virginia Dear Ms. Spencer: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 32963-060396 Resolution No. 32964-060396 Resolution No. 32968-060396 Resolution No. 32974-060396 Budget Ordinance No. 32975-060396 The abovereferanced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. If you have questions, please do not hesitate to call me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. Mary F. Parker, CMC/AAE C~y Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk June 13, 1996 The Honorable Marsha C. Fielder Commissioner of the Revenue Roanoke, Virginia Dear Ms. Fielder: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32951-060396 Ordinance No. 32959-060396 The aboveraferenced rneesuras were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. Mary F. Parker, CMC/AAE C~y Clerk CITY OF ROANOKE Office of the City Clerk 8andra H. Eakin Deputy C~y CMrk June 13, 1996 The Honorable David C. Anderson City Treasurer Roanoke, Virginia Dear Mr. Anderson: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32951-060396 Ordinance No. 32959-060396 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Eric. Mary F. Parker, CMCIAAE City Clerk CITY OF R O/INOKE Office of the City Clerk 8andra H. Eakin Deputy C~y C~rk June 13, 1996 Robert H. Bird Municipal Auditor Roanoke, Virginia Dear Mr. Bird: I am attaching copy of the following measure that pertains to your department: Ordinance No. 32956-060396 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. Ma~j F. Parker, CMCIAAE cay Ck~rk CITY OF ROANOKE Office of the City Clerk 8andre H. Eakin Deputy City Clerk June 13, 1996 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. 32972-060396 Ordinance No. 32951-060396 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely, Sandm H. Eakin Deputy City Clerk SHE:sm Enc, Mary F. Parker, CMC/AAE c~y Cbrk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk June 13, 1996 Dana D. Long, Acting Chief Billings and Collections Roanoke, Virginia Dear Ms. Long: I am attaching copy of the following measure that pertains to your department: Ordinance No. 32956-060396 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Eric. Mary F. Parker, CMC/AAE C~ Clerk CITY OF ROANOKE Offi¢® of the City Clerk 8andra H. Eakin Deputy C~y Cl. rk June 13,1996 Kenneth S. Cronin, Manager Personnel Department Roanoke, Virginia Dear Mr. Cronin: I am attaching copy of the following measure that pertains to your department: Budget Ordinance No. 32977-060396 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk ~andra H. E=kln Deputy City Clerk June 13,1996 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. 32967-060396 Budget Ordinance No. 32970-060396 Budget Ordinance No. 32971-060396 Budget Ordinance No. 32976-060396 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. Mary F. Parker, CMCIAAE c~y Cbrk CITY OF ROANOKE Office of the City Clerk 8andra H. Eakln Deputy C~y C~rk June 13, 1996 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. 32970-060396 Resolution No. 32973-060396 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. Mary F, Parker, CMC/AAE C~y Cbrk CITY OF ROANOKE Office of the City Clerk 8andra H, Eakln Depmy City Clerk June 13, 1996 James A. McClung, Manager Fleet and Solid Waste Management Roanoke, Virginia Dear Mr. McClung: I am attaching copy of the following measure that pertains to your department: Budget Ordinance No. 32976-060396 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. Mary F. Parker, CMC/AAE C~y Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy C~y C~rk June 13, 1996 Charles M. Huffine City Engineer Roanoke, Virginia Dear Mr. Hufflne: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32953-060396 Ordinance No. 32954-060396 Ordinance No. 32967-060396 Resolution No. 32969-060396 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely, Sandre H. Eakin Deputy City Clerk SHE:sm Enc. Mary F. Parker, CMCIAAE c~ty Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy C~y ¢~erk June 13, 1996 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. 32963-060396 Resolution No. 32964-060396 Resolution No. 32973-060396 Resolution No. 32974-060396 Budget Ordinance No. 32978-060396 Resolution No. 32979-060396 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. Mary F. Parker, CMC/AiAE c~ clerk CITY OF ROANOKE Office of the City Clerk 8andra H. Eakin Deputy C~y C~erk June 13,1996 Willerd N. Claytor Director of Real Estate Valuation Roanoke, Virginia Dear Mr. Claytor: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32953-060396 Ordinance No. 32954-060396 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. pc: Kathy L. Brickey, Real Estate Assessor Aide, Real Estate Valuation Mary F. Parker, CMCIAAE c~ clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy C~y Clerk June 13,1996 John R. Marlles, Chief Planning and Community Development Roanoke, Virginia Deer Mr. Merlles: I am attaching copy of the following measure that pertains to your department: Ordinance No. 32956-060396 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely, Sandre H. Eakin Deputy City Clerk SHE:sm Enc. pc: Evelyn S. Gunter, City Planner MaW F. Parker, CMCIAAE city Clerk CITY OF ROANOKE Office of the City Clerk 8andre H. Eakin Deputy C~ Clerk June 13,1996 The Honorable Arthur B. Crush, III Clerk of Circuit Court Roanoke, Virginia Dear Mr. Crush: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32956-060396 Ordinance No. 32959-060396 The abovereferanced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. If you have questions, please do not hesitate to call me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Eric. Ma~ F. Parker, CMC/AAE C~,y Clerk CITY OF ROANOKE Office of the City Clerk · andra H. E,.kin Deputy City Clerk June 13, 1996 Ronald S. AIbright, Clerk General District Court. Roanoke, Virginia Dear Mr. Albright: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32956-060396 Ordinance No. 32959-060396 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. If you have questions, please do not hesitate to cell me. Sincerely, SHE:sm Sandra H. Eakin Deputy City Clerk Enc. Ma~y F. Parker, CMC/AAE c.y ck,r~ CITY OF ROANOKE Office of the City Clerk 8andra H. Eakin D~puty C~y Ckrk June 13, 1996 Bobby D. Casey Office of the Magistrate Roanoke, Virginia Dear Mr. Casey: lam aEachingcopy ofthe ~llowing measuresthatpe~ainto yourdepa~ment: OrdinanceNo. 32956-060396 OrdinanceNo. 32959-060396 The abovereferenced measures were adopted by the Council of the City of Roanoke at regular meeting held on Monday, June 3, 1996. a If you have questions, please do not hesitate to call me. SHE:sm Sincerely, Sandra H. Eakin Deputy City Clerk Enc. Mary F. Parker, CMCIAAE c~y Clerk CITY OF ROANOKE Office of the City Clerk 8andra H. Eakin Deputy C~y Clerk June 13, 1996 Michael Meise Acting Law Librarian Roanoke, Virginia Dear Mr. Meise: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32956-060396 Ordinance No. 32959-060396 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. If you have questions, please do not hesitate to cell me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. Mary F. Parker, CMC/AAE cay Clerk CITY OF ROANOKE Office of the City Clerk Sandm H. Eakin Deputy City Clerk June 13, 1996 Patsy A. Bussey, Clerk Juvenile and Domestic Relations District Court Roanoke, Virginia Dear Ms. Bussey: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32956-060396 Ordinance No. 32959-060396 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. If you have questions, please do not hesitate to call me. Sincerely, Sandre H. Eakin Deputy City Clerk SHE:sm Enc. Mary F. Parker, CMCIAAE Cay Clerk CITY OF ROANOKE Office of t~e ¢it~ Clerk 8andra H. Eakin Deputy Cay Clerk June 13,1996 The Honorable Donald S. Caldwell Commonwealth's Attorney Roanoke, Virginia Dear Mr. Caldwell: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32956-060396 Ordinance No. 32959-060396 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. If you have questions, please do not hesitate to call me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. Mary F. Parker, CMC/AAE city cbrk CITY OF ROANOKE Office of the City Clerk · andra H. Eakin Deputy City Clerk June 13, 1996 Ronald H. Miller Building Commissioner Roanoke, Virginia Dear Mr. Miller: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32953-060396 Ordinance No. 32954-060396 Ordinance No. 32956-060396 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely. (~:2.,~.-- ,.A/. Sandra H. Eakin Deputy City Clerk SHE:sm Enc. MaW F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk 8andre H. Eakin Dep.ty City Clerk June 13, 1996 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. 32966-060396 Resolution No. 32969060396 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. If you have questions, please do not hesitate to call me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm EnG. MaW F. Parker, CMCIAAE city Clerk CITY OF ROANOKE Office of the City Clerk ~andm H. Eakin Deputy C~y C~rk June 13,1996 Kenneth S. Cronin, Manager Personnel Department Roanoke, Virginia Dear Mr. Cronin: I am attaching copy of the following measure that pertains to your department: Ordinance No. 32967-060396 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. If you have questions, please do not hesitate to cell me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. Mary F. Parker, CMCIAAE C~y Ck~rk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy C~y Clerk June 13,1996 Robert K. Bengtson Traffic Engineer Roanoke, Virginia Dear Mr. Bengtson: I am attaching copy of the following measure that pertains to the Streets and Traffic Department: Resolution No. 32969-060396 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. If you have questions, please do not hesitate to call me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. Mar/F. Parker, CMC/AAE C~y Cbrk CITY OF ROANOKE Office of the City Clerk 8andre H. Eakin Deputy City Clerk June 13, 1996 Steven L. Walker Manager Water Pollution Control Plant Roanoke, Virginia Dear Mr. Walker: I am attaching copy of the following measure that pertains to your department: Budget Ordinance 32970-060396 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. If you have questions, please do not hesitate to cell me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk ~andra H. Eakin Deputy City Clerk June 13,1996 Bobby E. Chapman, Manager Civic Center Facilities Roanoke, Virginia Dear Mr. Chapman: I am attaching copy of the following measure that pertains to your department: Budget Ordinance 32971-060396 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. If you have questions, please do not hesitate to cell me. Sincerely, SHE:sm Enc. pc: Sandra H. Eakin Deputy City Clerk Vivien Nelson, Secretary, Roanoke Civic Center Commission Mary F. Parker, CMCIAAE C~y Clerk CITY OF ROANOKE Office of the City Clerk 8andra H. Eakin Deputy C~y C~rk June 13,1996 James Grigsby Chief of Fire and Emergency Medical Services Roanoke, Virginia Dear Mr. Grigsby: I am attaching copy of the following measure that pertains to your department: Budget Ordinance 32972-060396 The abovereferencad measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. If you have questions, please do not hesitate to call me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. Mary F. Parker, CMCIAAE c~y Clerk CITY OF ROANOKE Office of the City Clerk 8andra H. Eakin Deputy c~y Ck,rk June 13, 1996 Corinne B. Gott, Manager Social Services Roanoke, Virginia Dear Ms. Gott: I am attaching copy of the following measure that pertains to your department: Resolution No. 32972-060396 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. If you have questions, please do not hesitate to cell me. Sincerely, Sandre H. Eakin Deputy City Clerk SHE:sm Enc. Mary F. Parker, CMC/AAE c~y Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy c~y C~rk June 13, 1996 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. 32974-060396 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. If you have questions, please do not hesitate to cell me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. Mary F. Parker, CMC/AAE c~ cb~ CITY OF ROANOKE Office of the City Clerk Sandm H. Eakin r~puty city c~r~ June 13, 1996 Archie Harrington, Manager City Information System Roanoke, Virginia Dear Mr. Harrington: I am attaching copy of the following measure that pertains to your department: Resolution No. 32974-060396 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. If you have questions, please do not hesitate to call me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. Mary F. Parker, CMC/AAE c;ty C~rk CITY OF R O 4NOKE Office of the City Clerk Sandra H. Eakin Deputy C~y Ck~rk June 13, 1996 M. David Hooper, Chief Po/ice Department Roanoke, Virginia Dear Mr. Hooper: I am attaching copy of the following measure that Pertains to your department: Ordinance No. 32951-060396 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. If you have questions, please do not hesitate to call me. Sincerely, SHE:sm Sandra H. Eakin Deputy City Clerk Enc. Mary F. Parker, CMCIAAE C~y C~erk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy C~y C~.rk June 13,1996 Evelyn D. Dorsey Zoning Administrator Roanoke, Virginia Dear Ms. Dorsey: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32953-060396 Ordinance No. 32954-060396 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. Mary F. Parker, CMClAAE City Clerk CITY OF ROANOKE Office of the City Clerk 8andre H. Eakin Deputy C~y C~rk June 13, 1996 Steven J. Talevi Assistant City Attorney Roanoke, Virginia Dear Mr. Talevi: I am attaching copy of the following measures that pertain to the City Attorney's Office: Ordinance No. 32953-060396 Ordinance No. 32954-060396 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. Mary F. P~rker, CMC/AAE cay Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk June 13,1996 The Honorable Joseph M. Clarke, II, Chief Judge The Honorable John B. Ferguson, Judge The Honorable Philip Trompeter, Judge The Honorable Joseph P. Bounds, Judge Juvenile and Domestic Relations District Court Roanoke, Virginia Dear Judge Clarke, Judge Ferguson, Judge Trompeter and Judge Bounds: I am attaching copy of the following measures that pertain to the Juvenile and Domestic Relations District Court: Ordinance No. 32956-060396 Ordinance No. 32959-060396 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. If you have questions, please do not hesitate to call me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. M,,ry F. Parker, CMCIAAE city Clerk CITY OF ROANOKE Office of the City Clerk 5andre H. Eakin Deputy City Clerk June 13,1996 The Honorable Roy B. Willett, Chief Judge The Honorable G. O. Clemens, Judge The Honorable Clifford R. Weckstein, Judge The Honorable Diane McQ. Strickland, Judge The Honorable Richard C. Pattisall, Judge The Honorable Robert P. Doherty, Judge Twenty-Third Judicial Circuit Roanoke, Virginia Deer Judge Willett, Judge Clemens, Judge Weckstein, Judge Strickland, Judge Pattisall and Judge Doherty: I am attaching copy of the following measures that pertain to the Circuit Court: Ordinance No. 32956-060396 Ordinance No. 32959-060396 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. If you have questions, please do not hesitate to call me. Sincerely, Sandra H. Eakin ' Deputy City Clerk SHE:sm Enc. Mary F. Parker, CMCIAAE C~y C~rk CITY OF ROANOKE Office of the City Clerk ~ndra H. Eakin Deputy C~y Cl~rk June 13, 1996 The Honorable Julian H. Raney, Jr., Chief Judge The Honorable George W. Harris, Jr., Judge The Honorable John L. Apostolou, Judge The Honorable Vincent A. Lilley, Judge The Honorable William D. Broadhurst, Judge General District Court Roanoke, Virginia Dear Judge Raney, Judge Harris, Judge Apostolou, Judge Lilley and Judge Broadhurst: I am attaching copy of the following measures that pertain to the General District Court: Ordinance No. 32956-060396 OrdinanceNo. 32959-060396 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. If you have questions, please do not hesitate to cell me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. MaW F. parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk June 12,1996 Sandm H. Eakin Deputy Cay cbrk 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. 32953-060396 Ordinance No. 32954-060396 Ordinance No. 32956-060396 Budget Ordinance No. 32963-060396 Resolution No. 32964-060396 Budget Ordinance No. 32966-060396 Ordinance No. 32967-060396 Resolution No. 32968-060396 Resolution No. 32969.4360396 Budget Ordinance No. 32976-060396 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. If you have questions, please do not hesitate to call me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. DAVID A. BOWERS CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011-1594 Telephone: (540) 981-2444 Fax: (540) 224-3145 June 3,1996 The Honorable Vice-Mayor and Members of 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 DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011 1594 Telephone: (540) 981-2444 Fax: (540) 224-3145 June 3,1996 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: I wish to request an Executive Session to discuss a personnel matter, being the appointment of a person to fill the unexpired term of the City Treasurer, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. Sincerely, David A. Bowers Mayor DAB:se Mary F. Parker, CMCIAAE c~y Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City June 10, 1996 File #32-178-183-200 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report with regard to the Rental Inspections Program, was before the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. On motion, duly seconded and adopted, Council concurred in your request to continue the matter until the next regular meeting on Monday, June 17, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm W. Robert Herbert City Manager June 10, 1996 Page 2 pc~ Mr. Frank Roupas, 1841 Warrington Road, S. W., Roanoke, Virginia 24015 Terry Harrington, President, Roanoke Regional Housing Network, County of Roanoke, P. O. Box 29800, Roanoke, Virginia 24018-0798 Mr. John C. Kepley, 2909 Morrison Street, S. E., Roanoke, Virginia 24014 James D. Grisso, Director of Finance George C. Snead, Jr., Director, Public Safety William F. Clark, Director, Public Works Ronald H. Miller, Building Commissioner H. Daniel Pollock, Housing Development Coordinator John R. Marlles, Chief, Planning and Community Development Madam K. Alam, Neighborhood Partnership Coordinator June 3,1996 96-135 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: SUBJECT: Rental Inspections Program This is to request that this subject be continued until your June 17, 1996 agenda. Representatives of the City administration and a Task Force from the Regional Housing Network continue to work at clarifying some of the details in the program and translating them into appropriate language for ordinances and resolutions to be presented to Council. I see no reason why we will not be able to present final documents for your consideration on June 17, 1996. Respectfully, W. Robert Herbert City Manager WRH:WFC:pr CCi The Honorable C. Nelson Hams, Council Member-Elect The Honorable Carroll E. Swain, Council Member-Elect The Honorable James O. Trout, Council Member-Elect Mary F. Parker, City Clerk Wilburn C. Dibling, Jr., City Attorney William F. Clark, Director of Public Works Ronald H. Miller, Building Commissioner MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk June 10, 1996 File #15-110-304 Thomas H. Miller, Chairperson Youth Services Citizen Board 3429 Windsor Road, S. W. Roanoke, Virginia 24018 Dear Mr. Miller. This is to advise you that on May 30, 1996, Carolyn L. Word qualified as a member of the Youth Services Citizen Board for a term ending May 31, 1999. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm pc: Marion Vaughn-Howard, Youth Planner Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Carolyn Word, do solemnly swear (or affirm) that I will suppod 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 Youth Services Citizen Board for a term ending May 31, 1999, according to the best of my ability. So help me God. Subscribed and sworn to before me thi~;~----~ay of~.%,'-~, 1996. ARTHUR B. CRUSH, III, CLERK CLERK Mary F. Parker, CMCIAAE c~y C~rk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk June 10, 1996' File #51-66 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke held on Monday, June 3, 1996, The Reverend Shadrack Brown, Jr., addressed Council with regard to the City's Zoning regulations requiring a special exception to be granted by the Board of Zoning Appeals for tents used for public assembly. On motion, duly seconded and adopted, the matter was referred to you for study, report and recommendation to Council. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm W. ~obe~ Herbe~ City Manager June 10,1996 Page 2 pc: The Reverend Shadrack Brown, Jr., Pastor, Garden of Prayer Church, 3101 Cove Road, N. W., Roanoke, Virginia 24017 William F. Clark, Director, Public Works John R. Marlles, Chief, Planning and Community Development Evelyn Dorsey, Zoning Administrator . ATTENTION ~~~_ William Fleming Colonels Classes of 1933 - 1961 Who: The William Fleming Colonels from the Classes of 1933-1961 are invited to experience Memory Lane at a Homecoming and Last Walk Celebration What: An opportunity to celebrate your past and say good-bye to your high school site, now Breckinridge Middle School, before the facility under goes major renovations. · See old classmates. When: June 9, 1996 from 2:00 - 5:00 p.m. If you are interested in assisting in the planning for Homecoming, or if you would like to lend your memorabilia (pictures, banners,.year- books, etc.) to display, contact Bill Ballentine at 366-0222. MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk June 10, 1996 File f~80-129 Charles N. Dorsey, President Roanoke Bar Association 29 Church Avenue, S. W. Roanoke, Virginia 24011 Dear Mr. Dorsey: I am enclosing copy of Resolution No. 32960-060396 recognizing and commending James N. Kincanon for more than fifty years of service as Secretary-Treasurer of the Roanoke Bar Association. Resolution No. 32960-060396 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, The 3rd day of June, 1996. No. 32960-060396. VIRGINIA, A RESOLUTION recognizing and commending James N. Kincanon for more than fifty years of service as Secretary-Treasurer of the Roanoke Bar Association. WHEREAS, James N. Kincanon has served as Secretary-Treasurer of the Roanoke Bar Association for more than fifty years, having first been elected to the office of Secretary-Treasurer in 1937, and, with the exception of four years during World War II when he was on active duty in the United States Navy, serving continuously to the present; WHEREAS, the office of Secretary-Treasurer of the Roanoke Bar Association involves keeping all records of the Association, including minutes and membership records, handling notice and logistical details of all regular and special meetings of the Association, accounting for and investment of the funds of the Association and otherwise conducting the business affairs of the Association; WHEREAS, service to the Roanoke Bar Association has been a great love of Mr. Kincanon who has unselfishly given of his time and talent for the benefit of his profession, carrying out the duties of his Office with dedication, loyalty and attention to detail; WHEREAS, Mr. Kincanon, who was admitted to the Bar in 1934, served the City as Assistant City Attorney from 1948 until 1965, and as City Attorney from 1965 until 1977, retiring in 1977, after twenty-eight years of exemplary service; WHEREAS, since his retirement, Mr. Kincanon has continued his legal career in the private practice of law; and WHEREAS, City Council desires to make special recognition of the services rendered to the Roanoke Bar Association by this distinguished former City officer; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council adopts this resolution as a means of recognizing and commending the meritorious Kincanon as Secretary-Treasurer of more than fifty years. services rendered by James N. the Roanoke Bar Association for this resolution to James N. Kincanon and to Charles President, Roanoke Bar Association. ATTEST: The City Clerk is directed to forward an attested copy of N. Dorsey, City Clerk. DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 2401 I-1594 Telephone: (540) 981-2444 Fax: (540) 224-3145 May 30, 1996 The Honorable Vice-Mayor and Members of City Council Roanoke, Virginia Dear Vice-Mayor White and Council Members: I have been advised that James N. Kincanon, former City Attorney, has served the Roanoke Bar Association as Secretary- Treasurer for more than fifty years. I understand the Association will soon recognize Mr. Kincanon for the magnanimous contribution he has made to his profession, and I would appreciate Council's adoption of the attached resolution honoring Mr. Kincanon. Sincerely, David A. Bowers Mayor DAB:mf Attachment MARY E PARKER, CMC/AAE Ci~Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk June 10, 1996 File ~60-270-467-472 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. 32962-060396 amending and reordaining certain sections of the 1995-96 School and General Fund Appropriations, providing for appropriation of $125,976.00 from the 1995-96 Capital Maintenance and Equipment Replacement Fund, to purchase technology software based on school requests, replace an overage maintenance vehicle, make facility repairs resulting from winter storm damage, meet ADA access requirements, and purchase furniture and equipment for Jackson Middle School and the new modular additions; and appropriation of $110,000.00 to the Schools' General Fund for additional cafeteria revenues. Ordinance No. 32962-060396 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. The Reverend C. Nelson Harris, Chairperson Roanoke City School Board June 10, 1996 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 H:V~3ENDAUUNE.3 ZM THE COUNCIL OF THE CITY OF ROJ~,NOKB, The 3rd day of June, 1996. No. 32962-060396. AN ORDINANCE to amend and reordain certain sections of the 1995-96 School and General Fund Appropriations, an emergency. WHEREAS, for the usual daily Government of the City of Roanoke, exist. THEREFORE, BE Roanoke that certain Fund Appropriations, reordained to read as follows, and providing for operation of the Municipal an emergency is declared to IT ORDAINED by the Council of the City of sections of the 1995-96 School and General be, and the same are hereby, amended and in part: School Fund ~DDroDriations Education Food Services (1). Facilities ::::::::::::::::::::::::::::::::::::::: Revenue Education Charges for Services (7) .......................... Non-Operating (8) ................................. Nondepartmental Transfers to Other Funds (9) ...................... Capital Maintenance and Equipment Replacement Program - School Unappropriated (10) ............. $103,167,567 3,454,863 3,221,292 $ 99,996,538 2,530,887 38,340,039 $ 53,629,308 52,831,230 $ 0 1) Food 2) Technoloc~' Software 3) Jackson Custodial Equipment 4) Modular Furniture/ Fixtures 5) Facility Maintenance 6) Maintenance Vehicle (030-060-6005-6788-0602) (030-060-6006-6302-0826) (030-060-6006-6681-0821) (030-060-6006-6681-0822) (030-060-6006-6681-0851) (030-060-6006-6683-0824) 7) Cafeteria Receipts (030-060-6000-0811) 8) Transfer from General Fund(030-060-6000-1037) 9) Transfer to School Fund (001-004-9310-9530) 10) CMERP - School (001-3324) $ 110,000 21,100 11,900 34,600 43,376 15,000 110,000 125,976 125,976 (125,976) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. June 3, 1996 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 $110,000 in additional cafeteria revenues due to the higher level of participation in the student lunch program. This report also appropriates $125,976 from the School portion of the Capital Maintenance and Equipment Replacement Program. The CMERP funds will be used to purchase technology software, to replace an overage maintenance vehicle, to make facility repairs resulting from winter sto~'~l~ damage, to meet ADA access requirements, and to purchase furniture and equipment for Jackson Middle School and the new modular additions. This is the ninth and final appropriation of the School Board's FY95 CMERP funding of $2,394,036. We recommend that you concur with this request of the School Board. JDG/ICF/bls Attachments c: Ila Farris, Senior Accountant C. Nelson Harris, Chairman Marsha W. Ellison John H. Sounders Marilyn L. Curtis, Vice Chairman Melinda J. Payne Dr. E. Wayne Hards, Superintendent Charles W.. Day Dr. Finn D. Pincus June S. Nolley, Clerk of the Board /~.Roanoke -, City School Board P. 0 .Box 13145, Roanoke, Virginia 24031 · 540-981-2381 · Fax: 540-981-2951 May IS, 1996 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 May 14 meeting, the Board respectfully requests City Council to appropriate $125,976.00 from the 1995-96 Capital Maintenance and Equipment Replacement Fund. The proceeds will be used to purchase technology software based on school requests, to replace an overage maintenance vehicle, to make facility repairs resulting from winter storm damage, to meet ADA access requirements, and to purchase furniture and equipment for Jackson Middle School and the new modular additions. In addition, the Board requests the'appropriation of $ I I 0,000.00 to the Schools' General Fund for additional cafeteria revenues to recognize the higher level of participation in the student lunch program and the resulting higher level of expenses required for food purchases. The Board appreciates the approval of this request. Sincerely, Clerk of the Board re cc: Rev. C. Nelson Harris Dr. E Wayne Harris Mr. Richard L Kelley Mr. William L Murray Mr. Kenneth F. Mundy Mr. W. Robert Herbert Mr. Wilburn C. Dibling Mr. James D. Grisso Mrs. Ila Farris (with accounting details) Excellence in Education ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Food Service 030-060-6005-6788-0602 Food Appropriation Unit ZA5 $ 110,000.00 100.0% 030-060-6000-0811 Cafeteria Receipts $ 110,000.00 100.0% The additional appropdation of cafeteda revenues to the Schools' General Fund is made to recognize the higher level of participation in the student lunch program and the resulting higher level of expenses required for food purchases. May 14, 1996 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Capital Maintenance and Equipment Replacement Funds Request IX 030-060-6OO6-6302-0826 030-060-60d6-6681-0821 030-060-6006-6681-0822 030-060-6006-6681-0851 030-060-6006-6683-O824 Appropriation Unit ZD1 Technology Software Jackson Custodial Equipment Modular Fumiture/1=ixtures Facility Maintenance Maintenance Vehicle $ 21,100.00 16.8% 11,900.00 9.5% 34,600.00 27.4% 43,376.00 34.4% 15,000.00 11.9% $ 125,976.00 100.0% The above appropriation represents, the ninth and final request for proceeds from the 1995-96 Capital Maintenance and Equipment Replacement Fund. The proceeds will he used to purchase technology software based on sclxx)l requests, to replace an overage maintenance vehicle, to make facility repairs resulting from winter storm damage, to meet ADA access requirerna~ts, and to purchase furniture and equipment for Jackson Middle School and the new modular additions. The amount 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 $0. May 14, 1996 MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk June 10, 1996 File #72-178-183-200-236 Neva J. Smith Executive Director Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N. W. Roanoke, Virginia 24017 Dear Ms. Smith: I am enclosing copy of Resolution No. 32964-060396 authorizing execution of Amendment No. 2 to a HOME Investment Partnerships Program Subrecipient Agreement dated August 15, 1996, between the City and the City of Roanoke Redevelopment and Housing Authority, to provide for an increase of $50,000.00 in the City's HOME funds contribution for rehabilitation of certain properties. Resolution No. 32964-060396 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 3rd day of June, 1996. No. 32964-060396. A RESOLUTION authorizing execution of Amendment No. 2 to a HOME Investment Partnerships Program Subrecipient Agreement between the City and the City of Roanoke Redevelopment and Housing Authority, dated August 15, 1996, 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 a HOME Investment Partnerships Program Subrecipient Agreement, dated August 15, 1996, between the City and the City of Roanoke Redevelopment and Housing Authority, said Amendment No. 2 to provide for an increase of $50,000.00 in the City's HOME funds contribution for the rehabilitation program, as more particularly set out in the report to this Council dated June 3, 1996. 2. The amendment shall be approved as to form by the City Attorney. ATTEST: City Clerk. Roanoke, Virginia June 3, 1996 96-16 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Amendment 2 to HOME Investment Partnerships Program (HOME) Agreement with the Roanoke Redevelopment and Housing Authority (RRHA) Ao Ci.ty Council authorized the RRHA's 1995-96 HOME activities and fundim, as part of the Consolidated Plan approved for submission to the U.S. Depari'ment of Housing and Urban Development (HUD) on May 8, 1995, by Resolution No. 32476-050895. City, Council authorized the City Manager to execute an Agreement with the RRI-IA to implement the Authority's 1995-96 HOME activities by Resolution No. 32602-081495. Co Funding for three housing rehabilitation program~ is included in the RRHA Agreement: Owner-Occupied Rehabilitation -- for the elimination of substandard conditions in owner-occupied houses. Purchase-Rehabilitation -- for the purchase and rehabilitation of deteriorated houses to be occupied by the buyer. Rental Rehabilitation -- for the rehabilitation of substandard rental properties. Financing provided by these programs combines the City's HOME funds with Urban Rehabilitation Program loan funds allocated to the City by the State. II. C. arrtaI_,.qJalali~: Applications for the Owner-Occupied Rehabilitation and Purchase-RehabilitatiOll programs exceed HOME fundiql~ allocated in the Agreement for these activities. B° Applications for the Rental Rehabilitation Program leave $50_000 uncommitted from the HOME funds allocated in the Agreement for this activity. Members of Council Page 2 Access to State Urban Rehabilitation loan funds expires on or shortly after June 30, 1996. III. IV. Ci.ty Council must authorize amendment of the RRHA Agreement in order to make the unused Rental Rehabilitation funding available to the other two programs. A. Effective use of resources. B. Leveraging of State funde, C. Community development. D. Timing. Ao Authorize the City Manager or Assistant Ci_ty Manager to execute, and the City Clerk to attest, Amendment No. 2 to the 1995-96 HOME Agreement with the RRHA, similar in form to Attachment 1, such amendment to be in a form acceptable to the City Attorney, and approve transferring HOME ftlpd~ as follows: $50,000 from 1993 HOME RRHA account 035-052~5301-5236 to 1993 HOME RRHA account 035-052-5301-5260 Effective use of resources will be promoted by reallocating funds to activities in which demand exists. Leveragin_~ of Stat~ fimda will be enhanced. About I[[2J...IX~ of the Urban Rehailitation loan funds remain available and could be accessed with the transfer of the HOME funds. Communi _ty development will increase by committing as much as $175,000 more in HOME and Urban Rehabilitation funds to projects. ~ is important in that funds being transferred must be committed to specific projects before the current RRHA contract expires on June 30. Do not authorize the City. Manager or Assistant City. Manager to execul~, Amendment No. 2 to the 1995-96 HOME Agreement with the RRHA and do not approve transferring HOME fund~ Members of Council Page 3 1. Effective use of resources would not be achieved. Leveraging of State funds will be reduced. Urban Rehabilitation funds allocated to Roanoke which remain uncommitted after June 30 may be withdrawn by the State, resulting in fewer projects to benefit City residents. Community development projects would not be implemented due to inability to access available funds. 4. ~ would not be a factor. V. Recommendation: It is recommended that City Council concur with Alternative A which would: Authorize the Ci.ty Manager or the Assistant City Manager to execute, and the City Clerk to attest, Amendment 2 to the 1995-96 HOME Agreement with the RRHA, similar in form to Attachment 1, such amendment to be in a form acceptable to the City Attorney and 2. Approve transferring HOME funds as follows: $50,000 from 1993 HOME RRHA account 035-052-5301-5236 to 1993 HOME RRHA account 035-052-5301-5260 Respectfully submitted, W. Robert Herbert City Manager WRH: FEB C: Assistant City Manager City Attorney Director of Finance Director of Public Works Director of Human Development Budget Administrator Housing Development Coordinator Office of Grants Compliance Executive Director, Roanoke Redevelopment and Housing Authority Attachment 1 AMENDMENT No. 2 This Amendment No. 2 is entered into this day of __ 1996, by and between the City of Roanoke (the Grantee) and the City of Roanoke Redevelopment and Housing Authority (the Subgrantee). WHEREAS, pursuant to the Grantee's HOME program and by written Agreement with the Grantee, dated August 15, 1995, the Subgrantee has contracted for the operation of certain activities ("Agreement"); and WHEREAS, by Resolution No. __ __ and by Budget Ordinance No.__ , adopted _, 1996, City Council has authorized the execution of Amendment No. I to the Agreement and appropriated funds therefor; and WHEREAS, by Resolution No. __ __ and by Budget Ordinance No.__ , adopted __ __, 1996, City Council has authorized the execution of Amendment No. 2 to the Agreement and appropriated funds therefor. NOW THEREFORE, the Grantee and the Subgrantee do mutually agree to amend the Agreement as follows: 1. Part 1.e. shall read as follows: I.e. Supplemental Rehabilitation Loan Subsidies - At the request of the Subgrantee, the Grantee may provide up to $150,000 additional HOME funds to supplement the Owner-Occupied Rehabilitation Program, the Pumhase-Rehabilitation Program and/or the Rental Rehabilitation Program. 2. This amendment transfers $50,000 from account 035-052-5301-5236 (Rental Rehabilitation) to account 035-052-5301-5260 (Supplemental Rehabilitation Loan Subsidies). Total funds remain unchanged. (See Attachment A to this Amendment). The Agreement shall remain unchanged in all other terms and provisions. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year hereinabove written: ATTEST: CITY OF ROANOKE By By Mary F. Parker, City Clerk City Manager/Assistant City Manager Amendment No. 2 Page 2 ATI'EST: SUBGRANTEE By H. Wesley White, Dir. of Development Roanoke Redevelopment and Housing Authority By Neva J. Smith, Executive Director Roanoke Redevelopment and Housing Authority APPROVED AS TO HOME ELIGIBILITY APPROVED AS TO FORM Office of Grants Compliance Assistant City Attorney APPROVED AS TO EXECUTION APPROVED AS TO FUNDS AVAILABLE Assistant City Attorney Director of Finance Date Account # Amendment 2 Attachment A Account # 5303-5233 5302-5235 5303-5235 5300-5236 5301-5236 5300-5240 5302-5240 5301-5231 5303-5231 5301-5260 5302-5260 5302-5311 5303-5311 5303-5304 1995/96 RRHA HOME Contract Financial Accounts Description Pro.iect Support General Administration Owner-Occupied Rehab 138,031 Owner-Occupied Rehab 95,000 Rental Rehab 67,939 Rental Rehab 200,000 Down Pmt/Closing Cost 15,128 Down Pmt/Closing Cost 73,500 Purchase/Rehab 98,600 Purchase/Rehab 30,000 Supplemental Loan Subsidies 50,000 Supplemental Loan Subsidies 100,000 Gainsboro Home/Lot 42,000 Gainsboro Home/Lot 28,000 CHDO Assistance TOTAL 938,198 0 33,254 24,341 57,595 Toml 33,254 138,031 95,000 67,939 200,000 15,128 73,500 98,600 30,000 50,000 100,000 42,000 28,000 24,341 995,793 XMTIIB CO~NCXL OF THE CXTY OF ROANOKB; VXRGXNX& The 3rd day of June, 1996. No. 32965-060396. 1995-96 General emergency. WHEREAS, AN ORDINANCE to amend and reordain certain sections of the Fund Appropriations, and providing for an for Government of the City of Roanoke, an emergency exist. the usual daily operation of the Municipal 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 (1-44) ................................ 1) Worker's Comp. Medical (001-002-1261-1140) $ 130 2) Worker's Comp. Medical (001-002-1262-1140) 1,678 3) Worker's Comp. Wages (001-004-1232-1135) 4,222 4) Worker's Comp. Medical (001-004-1232-1140) 6,785 5) Worker's Comp. Medical (001-023-1235-1140) 7,189 6) Worker's Comp. Wages (001-024-3310-1135) 22,175 7) Worker's Comp. Medical (001-024-3310-1140) 16,777 8) Worker's Comp. Wages (001-050-3112-1135) 2,665 9) Worker's Comp. Medical (001-050-3112-1140) 13 10) Worker's Comp. Wages (001-050-3113-1135) 96,823 11) Worker's comp. Medical (001-050-3113-1140) 133,996 $153,066,557 12) Worker's Wagee 13) Worker's Medical 14) Worker's Medical 15) Worker's Wages 16} Worker's Medical 17) Worker's Medical 18) Worker's Medical 19) Worker's Wages 20) Worker's Medical 21) Worker's Medical 22) Worker's Medical 23) Worker's Wages 24) Worker's Medical 25) Worker's Medical 26) Worker's Wages 27) Worker,s Medical 28) Worker's Wages 29) Worker's Medical 30) Worker's Wages 31) Worker's Medical 32) Worker's Wages 33) Worker's Medical 34) Worker's Medical 35) Worker's Wages 36) Worker's Medical 37) Worker's Medical 38) Worker's Wages Comp. (001-050-3114-1135 Comp. (001-050-3114-1140 Comp. (001-050-3211-1140 Comp. (001-050-3213-1135 Comp. (001-050-3213-1140 Comp. (001-050-3214-1140 Comp. (001-050-3520-1140 Comp. (001-050-3521-1135 Comp. (001-050-3521-1140 Comp. (001-050-4130-1140) Comp. (001-052-3410-1140 Comp. 001-052-4110-1135 Comp. Comp. Comp. Comp. Comp. Comp. Comp. 001-052-4110-1140 001-052-4160-1140 001-052-4210-1135 001-052-4210-1140 001-052-4211-1135 001-052-4211-1140 001-052-4220-1135 Comp. (001-052-4220-1140 Comp. 001-052-4310-1135 Comp. 001-052-4310-1140 Comp. 001-052-4330-1140 Comp. 001-052-4340-1135 Comp. 001-~52-4340-1140 Comp. 001-052-7110-1140 Comp, (001-054-3320-1135 4,023 1,385 77 60,191 188,928 134 30 14,301 6,509 103 871 5,633 24,997 1,429 5,642 15,995 156 33 2,067 10,475 6,785 11,755 1,766 767 20,116 1,105 1,449 39 40 41 42 43' 44 Worker,s Comp. Medical Worker'e Comp. Medical Worker'e Comp. Medical Worker's Comp. Medical Worker's Comp. Wages Worker's Comp. Medical (001-054-3320-1140) $ 17,055 (001-054-3350-1140) 1,299 (001-054-5314-1140) 2,335 (001-054-7310-1140) 136 (001-004-9110-1135) (350,000) (001-004-9110-1140) (350,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. June 3, 1996 #96-18 Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Funding for Workers' Compensation Wage and Medical Accounts Dear Mayor Bowers and Members of Council: I. Background on the subject in chronological order is as follows: Workers' Compensation is defined as "exclusive remedy, under law, for all covered employees for compensating injuries and occupational diseases arising in the course of and within the scope of employment." B. The City is entirely self-insured for Workers' Compensation liability. C. Fundinq has been budqeted for the current fiscal year to cover workers' compensation wage and medical payments. D. These types of frin,qe benefits are bud,qeted as a lump sum in the non-departmental cate,qory because annual charges for each department are difficult to accurately project. II. Current Situation is: A. Workers' compensation expenditure,~ for FY 1995-96 are projected to be approximately $700,000. This information is based on actual expenditures through April 30, 1996, and projected expenditures for May and June, 1996 (see Attachment A). 1. Workers' compensation expenditures for the Police and Fire Department~ are greater for these two departments due to State law (Heart & Lung Bill) and is based on the presumption that heart and lung disabilities affecting these public safety employees are job-related. Also, this bill now includes cancer for firefighters. 2. Workers' compensation claims can be carried over from year to year. State law requires employers to pay workers' compensation wa,qes for up to 500 weeks or until the employee either returns to work or is eligible for retirement. The City is liable for workers' compensation medical expenses (which are the consequence of the original on-the-job injury) for the lifetime of the employee. Sixty-three (63) claims (wa(les and medical) have been submitted by Police Department employees since July 1, 1995, totaling $97,233.09. The difference of $101,679.91 ($198,913 - $97,233.09) was carried over from previous fiscal years. Honorable Mayor and Members of City Council OFFICE OF MANAGEMENT & BUDGET Page 2 June 3, 1996 Twenty-four (24) claims (wa,qes and medical) have been submitted by the Firn Department employees since July 1, 1995, totaling $23,286.80. The difference of $184,488.20 ($207,775 - $23,286.80) was carried over from previous fiscal years. B. Fundin.q to cover FY 1995-96 Workers' Compensation claims is adequate and needs to be allocated to departmental accounts from the non-departmental category. III. Issues in order of importance are: A. Mandated Pro.qram B. Fundin.q Availability IV. Alternatives in order of feasibility are: A. City Council authorize the transfer of fundin,q to cover workers' compensation claims during the current fiscal year. 1. Pr..~ram is mandated by State and Federal regulations for the City of Roanoke to provide workers' compensation benefits to its workers. 2. Funds are available in the General Fund to provide for this recommendation. B. City Council not authorize the transfer of fundinq to cover workers' compensation claims during the current year. 1. Pro.qram is mandated by State and Federal regulations for the City of Roanoke to provide workers' compensation benefits to its workers. 2. Funds available during the fiscal year in the General Fund would not be expended for actual workers' compensation expenses. Honorable Mayor and Members of City Council OFFICE OF MANAGEMENT & BUDGET Page 3 June 3, 1996 V. Recommendation: A. City Council concur with Alternative "A" and authorize the transfer of funding to cover workers' compensation claims. Transfer funding in the amount of $700,000 to departmental workers' compensation accounts (see Attachment A) from the following sources: Funding Sources: Account Number Amount Workers Compensation - Wages Workers' Compensation - Medical 001-004-9110-1135 001-004-9110-1140 $350,000 350~000 Total Funding Sources $700,000 WRH:DSA Attachment Respectfully submitted, W. Robert Herbert City Manager cc: City Attorney City Clerk Director of Finance Budget Administrator A'I-I'ACHMENT A WORKERS COMPENSATION ANALYSIS BUDGET ADJUSTMENTS FOE WORKERS' COMPENSATION Expended Estimated Fund Agency Organization Object Department Name Thru Exp. for Budget 4/30/96 Ha), & June Adiustment W/C - Wages 001 004 1232 I 135 Billings & Collections $3,518 $704 $4,222 001 024 3310 1135 ail 18,479 3,696 22.175 001 050 3112 I 135 Police - Investij~tion 2,221 444 2,665 001 0S0 3113 1135 Police- Patrol 80,511 16,312 96,823 001 050 3114 1135 Police - Services 3,353 671 4,023 001 0S0 3213 1135 Fire- Operations 50,159 10,032 60,191 001 050 3521 1135 Emergency Medical Services I 1.918 2.384 14,301 001 052 4110 1135 Streets &Traffic 4,694 939 5,633 001 052 4210 1135 Solid Waste Management - Refuse 4,702 940 5.647 001 052 421 I I 135 Solid Waste Management. Recycling 130 26 156 001 052 4220 1135 Custodial Services 1,722 344 2,067 001 052 4310 I 135 Engineering 5,654 I,I 31 6,785 001 052 4340 I 135 Parks/Grounds Maintenance 639 128 767 001 054 3320 1135 uvenile Detention Home 1,207 241 1,449 001 004 9110 I 135 Residual Fringe Benefits 0 0 (350,0001 W/C- Medical 001 002 1261 1140 Personnel Management $108 $22 $130 001 002 1262 I 140 Risk Management 1,399 280 1.678 001 004 1232 1140 Billings & Collections 5,654 1,131 6,785 001 023 1235 1140 Real Estate Valuation 5,991 1,198 7,189 001 024 3310 1140 Jail 13,981 2.796 16,777 001 050 3112 1140 Police - Investigation I 2 13 001 050 3113 1140 Police - Patrol I I 1,663 22,333 133.996 001 0S0 3114 1140 Police - 5ervices 1,154 231 1,385 001 050 321 I 1140 Fire - Administration 64 13 77 001 050 3213 I 140 Fire - Operations 157.440 31,488 188,928 001 050 3214 1140 Fire-Training&Safety 112 22 134 001 0S0 3520 1140 Emergency Services 25 5 30 001 050 3521 1140 Emergency Medical Services 5,424 1,085 6,509 001 050 4130 1140 Communications 86 17 103 001 052 3410 1140 3uilding Inspections 726 145 871 001 052 4110 1140 Streets&Traffic 20,831 4,166' 24,997 001 052 4160 1140 rraffic Engineering 1.191 238 1.429 001 052 4210 1140 ~olid Waste Management - Refuse 13.329 2,666 15,995 001 052 4211 1140 iolid Waste Management - Recycling 27 5 33 001 052 4220 1140 "ustodial Services 8,729 1,746 10,475 001 052 4310 1140 Engineering 9.796 1,959 11,755 00l 052 4330 1140 Building Maintenance 1,472 294 1,766 001 052 4340 1140 Parks/Grounds Maintenance 16,763 3,353 20,116 001 052 7110 1140 Recreation 920 184 1,105 001 054 3320 1140 uvenile Detention Home 14,212 2,842 17,055 001 054 3350 I 140 Youth Haven I 1,082 216 1,299 001 054 5314 1140 Social Services- Services 1.946 389 2,335 001 054 7310 1140 Libraries 114 23 136 001 004 91 I 0 I 140 Residual Fringe Benefits 0 0 (350,000 TOTAL $0 xNTHI CO~N~XL OP TH! CXT¥ OP RO~NOKI; VX~GXMX& The 3rd day of June, 1996. No. 32966-060396. 1995-96 General emergency. WHEREAS, AN ORDINANCE to amend and reordain certain sections of the Fund Appropriations, and providing for an for the usual daily operation of the Municipal Government of the city of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council Roanoke that certain sections of the 1995-96 of the City of General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Public Works Snow Removal (1-6) .................................. Public Safety Jail (7) ............................................ Grant-in-Aid Federal Government 1996 Snow Storm (8) ................................. 23,674,559 519,768 35,916,943 7,049,425 $ 172,793 135,000 1) Overtime Wages 2) Expendable Equip~ent <$1,000 3) Motor Fuel and Lubricants 4) Chemicals 5) Materials Control 6) Fleet Management 7) Reimbursements 8) 1996 Snow Stozl~ (001-052-4140-1003) $ 4,108 (001-052-4140-2035) 14,428 (001-052-4140-2038) 2,421 (001-052-4140-2045) 47,000 (001-052-4140-7010) 3,438 (001-052-4140-7025) 3,605 (001-024-3310-8005) 50,000 (001-020-1234-0714) 25,000 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this city Clerk. June 3, 1996 Council Report No. 96-139 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Council Members: Subject: Snow Removal Budget - Fund Appropriations I. Backqround: $455,813 was expended for overtime salaries, supplies, chemicals, and contract services during the months of December, 1995, January, February, 1996 for snow removal operations. 1995-96 budget included $96,449 for snow removal from the City streets and rights-of-way for overtime salaries, supplies, and chemicals. C. City Council authorized the transfer of $330,716 to the Snow Removal Accounts on March 4, 1996. II. Current situation on this subject is: $16,688 has been expended in excess of the total appropriations, when all of the final charges were made to line item accounts. 1,000 tons of deicing salt needs to be purchased to fully restock the salt storage facility prior to the 1996-97 snow season. c. snow Removal equipment needs to be repaired and components replaced; snow blades, cutting edges, etc. III. Issues in order of importance are: A. Budgetary Impact B. Funding C. Timing Council Report No. 96-139 Page 2 IV. Alternatives: City Council authorize the transfer of $75,000 to the Snow Removal Budget. Bud etar Im act is as follows: a. $244,418 was appropriated for overtime wages and FICA. $248,519 has been expended. b. $132,038 was appropriated for Chemicals and $47,000 in additional funding is needed to restook the salt storage facility prior to the next snow season. Ce $10,117 was appropriated for Expendable Equipment and $15,412 has been expended. $9,133 in additional funding is needed to replace and repair snow equipment components prior to the next snow season. $11,380 was appropriated for Motor Fuels Lubricants and $13,801 has been expended. and $604 was budgeted for Materials Control and $3,438 has been expended. No funding was budgeted in Internal Services for Fleet Management and $3,605 has been expended. Funding is available as follows: State and Federal reimbursement will provide $25,000. The State Department of Emergency Services and the Federal Emergency Management Agency provided reimbursement for snow removal efforts performed January 6 thru January 12, 1996. The revenue estimate anticipated a reimbursement of $110,000. The actual State and Federal reimbursement was $135,000 leaving an additional $25,000 to be appropriated. Recovered costs generated by the Sheriff in the Roanoke City Jail will provide ~_~9,000. These funds are available due to the unusually high number of federal prisoners being housed in the facility. Timing is important because: a. Snow Removal accounts are overexpended. b. Chemicals and snow equipment replacement parts will need to be bid and delivery arranged. Council Report No. ~6-139 Page 3 City Council not authorize the transfer of $75,000 to the Snow Removal Budget. 1. Budqetary impact will continue, as accounts will be overexpended. 2. Funding will still need to be identified. 3. Timing will not be an issue. Recommendation: City Council approve Alternative A, authorizing the transfer of $75,000 to the following Snow Removal Accounts: Overtime Wages Expendable Equipment Motor Fuels & Lubricants Chemicals Materials Control Fleet Management 001-052-4140-1003 001-052-4140-2035 001-052-4140-2038 001-052-4140-2045 001-052-4140-7010 001-052-4140-7025 14,4~8 2,4~ 47,~0 3,438 3,~5 Fundinq 8ources: 1996 8now Storm Recovered Costs (001-020-1234-0714) (001-024-3310-8005) WRH:WLS:rla Dc: City Attorney Director of Finance Director of Public Works Manager, Streets & Traffic Budget Administrator Respectfully submitted, W. Robert Herbert City Manager MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk June 10,1996 File/~88-184-202-373 William F. Trinkle, President Francis Realtors 305 First Street, $. W., Suite 500 Roanoke, Virginia 24011 Dear Mr. Trinkle: I am enclosing copy of Ordinance No. 32967-060396 authorizing the proper City officials to execute a lease agreement with the Estate of James L. Trinkle for 2,525+ square feet of office space located at 120 West Kirk Avenue, for use by the Occupational Health Nurse, for an initial term of 12 months, commencing June 1, 1996, at a rate of $600.00 per month, with an option to renew for two additional one-year terms, at a rate of $1,200.00 per month, as more particularly set forth in a report of the City Manager under date of June 3, 1996. Ordinance No. 32967-060396 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of June, 1996. No. 32967-060396. AN ORDINANCE authorizing the proper City officials to execute a lease agreement with the Estate of James L. Trinkle for use of office space at 120 West Kirk Avenue, by the Occupational Health Nurse, upon certain terms and conditions, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are authorized to execute and attest, respectively, for and on behalf of the City, in form approved by the City Attorney, a lease agreement with the Estate of James L. Trinkle for 2,525~ square feet of office space on the ground floor of the building located at 120 West Kirk Avenue, for use by the Occupational Health Nurse, for an initial term of twelve months, beginning June 1, 1996, at a rate of $600.00 per month, with an option to renew for two additional one-year terms, at a rate of $1,200.00 per month, as more particularly set forth in the report to this Council dated June 3, 1996. Such lease shall be in form approved by the City Attorney and contain such terms and conditions as are approved and required by the City Manager. 2. 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. June 3, 1996 Council Report No. 96-140 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: LEASE AGREEMENT - EMPLOYEE MEDICAL CARE PROGRAM Background in chronological order is as follows: Sublease with C. W. Francis & Son, Inc. for additional office space required by the Occupational Health Nurse was authorized October 23, 1995, by Ordinance No. 32724-102395. The additional space was needed to temporarily relieve over-crowding until a permanent facility is ready for occupancy. Initial term of the sublease was for a period of six months, to continue on a month to month basis thereafter, with a thirty day termination provision. C. Initial term of the sublease expired May 31, 1996. II. Current situation is as follows: C. W. Francis & Son, Inc., t/a Francis Realtors, ~s no longer the sublessor, due to the death of James L. Trinkle. The Estate of James L. Trinkle is now the owner and Lessor, through Francis Realtors as Agent. Personnel Management needs to assure the riqht to continued use of the space for at least one additional year. Lessor has agreed to extend the lease at the same rate for a one year period, expiring May 31, 1997. The City would be responsible for maintenance and service required in maintaining the heating and air conditioning units, except for any major repairs in excess of $500.00, which will be the responsibility of the Lessor. Lease provides that both Landlord and City agree to indemnify and hold harmless the other from and against any loss, damage or liability occasioned by or resulting from any willful or negligent act on its part. Honorable Mayor and Members of City Council LEASE AGREEMENT- EMPLOYEE MEDICAL CARE PROGRAM June 3,1996 Page 2 Rental rate will remain $600.00 per month for the 2,525 square feet, which calculates to be $2.85 per square foot per year. This is considered to be an exceptionally good price for space of this type. Lessor has also agreed to an option to renew for two additional one year terms, at the rate of $1,200 per month. III. Issuesin order ofimportance are: A. Need B. Timing C. Costto City IV. Alternatives in order of feasibility are: Ac City Council authorize a new lease between the City and the Estate of James L. Trinkle, for an initial term of one year at the rate of 9600 per month, beginning June 1, 1996, with an option to renew for two additional one-year terms, at the rate of 91,200.00 per month, in a form approved by the City Attorney. Need of Occupational Health Nurse for continued use of office space is met. o Timing to secure continuation of the lease as soon as possible is critical. Cost to City will remain 9600.00 per month for a one year period. Funds are available in the FY 95-96 Personnel budget, Medical Account 001-002-1261-2062, and in FY 96-97 Occupational Health Clinic's budget, as adopted by City Council. Bo City Council does not authorize a new lease between the City and the Estate of James L. Trinkle, for an initial term of one year at the rate of 9600 per month, beginning June 1, 1996, with an option to renew for two additional one-year terms, at the rate of 91,200.00 per month, in a form approved by the City Attorney. Honorable Mayor and Members of City Council LEASE AGREEMENT- EMPLOYEE MEDICAL CARE PROGRAM June 3, 1996 Page 3 o Need of Occupational Health Nurse for continued use of office space is not met. Timinq to secure continuation of the lease as soon as possible is critical. Cost to City would be the expense of locating and moving the Office of the Occupational Health Nurse into suitable quarters. Recommendation is as follows: City Council concur in alternative "A" and take the following action: Authorize a new lease between the City and the Estate of James L. Trinkle, for an initial term of one year at the rate of $600 per month, beginning June 1, 1996, with an option to renew for two additional one- year terms, at the rate of $1,200.00 per month, in a form approved by the City Attorney. Respectfully submitted, W. Robert Herbert City Manager WRH\KBK\SEF\kh Attachment C¢: 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 Budget Administrator Manager, Personnel Management R E A L T O Established 1910 R S Nay l, 1996 Ms. Marquita Brown, R.N. COHH-S City of Roanoke, VA 120 West [irk Avenue Roanoke, VA 24011 Re: Lease Extension 120 West Kirk Avenue Roanoke, VA 24011 Dear Harquita: In accordance with our telephone conversation and your letter of April 25, 1996, I am pleased to offer yon a lease extension on the above captioned premises on the follmein~ terms and conditions: (1) Due to the death of Ja~es L. Tridde, C. W. Francis & Son, Inc., t/a Francis Realtors, is ns longer sub-lessor. The Estate of Jnm~s L. Trhkle is the o~ner and Lessor, throuEh Francis Realtors as AEent. (2) The ter~ of the lease will be for one (1) year begtnntnE Jane 1, 1996, and expir~ng~ay 31, 1997. (3) The rental rate for this extended term vi11 be SIX HUHDR~ and no/100 ($600.00) per month due and payable in advance on the first calendar day of each month. A Late charge of ten percent (10Z) viii be made if rental payment is not receivedvithtn ten (10) days of the due date. (4) Lessee mill be responsible for maintenance and service required in main- tatntnE the heating and air conditioninE units, except for any major re- pairs in ~xcess of $500.00 ~flich will be the responsibility of the Lessor. Lessee vill maintain the heat and air conditioninE systems including changing the filters on a reEular basis. 305 First Street, SW, Suite 500 * Roanoke, Virginia 24011 · 540.342.3161 · Fax 540.344.4262 FRANCIS REALTORS Ns. Nsrquita Brown, R.N. CO~N-S City of Roanoke, VA 2 Hay 2, 1996 (5) All other ter~s and conditions of your original lease agreement dated for identification October 23, 1995, except as ~ouded herein, remain in full force and effect. Please si~n, or have the proper authority si~n, belou to indicate your acceptance of the above ter~s. Return the original tom in the envelope provided as soon as possible. Keep the copy and attach it to your lease copy. Sincerely, eec ($~AT.) gstate of James L. Trink~e O~ner/Lessor LESSEE: City of Roanoke, Virginia ay:. (SelT.) Title: l~int Name: A~T: Francis Realtors By :~(Sl~tT.) ~illi~ F. 'l'ff'~_nk~e - President MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.V~, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk June 12, 1996 File #178-183-200-216-236-249-450 Steven W. Lemon, Treasurer Briar Oak Investments, II, L.L.C. 10 South Jefferson Street, Suite 1000 Roanoke, Virginia 24001 Dear Mr. Lemon: I am enclosing copy of Resolution No. 32968-060396 authorizing the City Manager to execute an agreement with Briar Oak Investments, I1, L.L.C., to provide funds for two grants of up to $5,000.00 each, for a total of no more than $10,000.00, for reimbursement of expenses associated with rehabilitation of buildings in connection with the CDBG Matching Facade Grant Fund Program, upon certain terms and conditions. Resolution No. 32968-060396 was adopted by the Council of the City of Roanoke at · regular meeting held on Monday, June 3, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of June, 1996. No. 32968-060396. A RESOLUTION authorizing the City Manager to execute an agreement with Briar Oak Investments, II, L.L.C., to provide funding for reimbursement of expenses associated with rehabilitation of buildings in connection with the CDBG Matching Facade Grant Fund Program, upon certain terms and conditions. BE follows: 1. IT RESOLVED by the Council of the City of Roanoke as That the City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement with Briar Oak Investments, II, L.L.C., which agreement shall provide for the use of Community Development Block Grant funds for two grants of up to $5,000.00 each, for a total of no more than $10,000.00, for reimbursement of expenses associated with rehabilitation of buildings in connection with the Matching Facade Grant Fund Program, in accordance with the recommendations contained in the City Manager's report to this Council dated June 3, 1996. 2. The form of the agreement shall be approved by the City Attorney. ATTEST: City Clerk. June 3, 1996 No. 96-141 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: Approval to Execute Historic Building Matching Facade Grant Agreement for 15 East Salem Avenue Historic Building Matching Facade Grant Pro~,ram is a CDBG funded vrov. ra,, authorized by City Council, Resolution No. 32476-959785 adopted May 8, 1995. Puroose of the program is to encoura~,e the preservation and rehabilitation ofhistoriv structures in the City of Roanoke by providing a financial incentive. C. r, EIIlg~gxl~[~ are as follows: 1. Eli~,ible structure must be in an H-l, Historic District 2. Maximum ~rant amount is $5,000 per building. Facade design must meet Secretary of the Interior Standards for Rehabilitation of Historic Buildings and must be aporoved by Architectural Review Board Briar Oak Investments II. L. L. C. has apvlied for two facade ~rants of $5.000 each to rehabilitate two buildings at 15 East Salem Avenue. These buildings are presently designated as Official Tax Numbers 4010309 and 4010311. B. Subject oropertv is located within an H-l, Historic District. The buildings are currently vacant. Rehabilitation of the buildings will create 24,000 sf of office and retail commercial space in downtown. New jobs will be created. Design plans for exterior rehabilitation of the buildings have been annroved by the City's Architectural Review Board and are consistent with Secreta~ of the Interior's Standards. Exterior plans include rehabilitation of the building walls, storefront, and windows and the installation of awnings. III. IV. Issues[ A. C. Comnliance with applicable federal regulations. D. Historic preservation. E. Economic development. Authorize the City Manager to execute an A~reement with Briar Oak Investments, II.L.L.C.. similar in form to Attachment A and aonroved as to form by the City Attorney, for a matching facade grant not to exceed $10,000 in CDBG funds for the rehabilitation of 15 East Salem Avenue. 1. CDBG funding is available in Account Number 035-095-9537-5201. No City funds will be used. CDBG funding will be matched by private services. 2. ~. Briar Oak Investments II desires to start exterior construction on or before June 10, 1996. 3. Compliance with oro~ram regulations is assured through contract review by the City Attorney's Office and the Office of Grants Compliance. 4. Historic preservation is enhanced by rehabilitation of the buildings. 5. Economic development encouraged Vacant building is rehabilitated. New commercial space constructed and new jobs will be created. Do not authorize the City Manager to execute an Agreement with Briar Oak Investments, II, L. L. C. CDBG fundin~ for ~ro~ram is still available Timing is no longer an issue Compliance is not an iss[~e. Historic ~reservation and rehabilitation ofbuildine is not assisted by CDBG funds. - .Economic development via city assistance not encouraged. 2. 3. 4. V. Recommendation: Recommend that City Council approve Alternative A and authorize the City Manager to execute an Agreement with Briar Oak Investments, II, L. L. C. for the provision of $10,000 in CDBG Matching Facade Grant Funds for the rehabilitation of the buildings at 15 East Salem Avenue. WRI-I/ESL City Attorney City Clerk Director of Finance Assistant City Manager Grants Monitor City Planner Respectfully submitted, City Manager AGREEMENT Dated as of this __th day of June, 1996, by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia, hereinafter referred to as the "City" or "Grantee", and Briar Oak Investments, II, L. L. C., hereinal~er referred to as the "Subgrantee" or "Briar Oak Investments II"; WHEREAS, Briar Oak Investments is undertaking the renovation or rehabilitation of two buildings, designated as Official City Tax Numbers 4010309 and 4010311, and located at 15 East Salem Avenue in the H-1 Historic District; WHEREAS, a need exists in the City of Roanoke to encourage the preservation and renovation or rehabilitation (hereinafter referred to as "renovation") of historically significant structures in the City; WHEREAS, in consideration of the performance by the City of its obligation hereunder to grant up to a maximum orS10,000 of federal Community Development Block Grant (CDBG) funds to Briar Oak Investments II, the Subgrantee is agreeable to renovate the facades of the above buildings; WHEREAS, the Grantee has been authorized by its City Council pursuant to Resolution No. 32476-050895, adopted May 8, 1995, to provide $30,000 of the entitlement for Downtown Historic Facade Improvement Grants, to improve the Downtown Service Area for the purpose of eliminating slums and blight; WHEREAS, the City Council has authorized as part of the City's CDBG program the grant funds to Briar Oak Investments II, to help renovate the buildings located at 15 East Salem Avenue in the H-1 Historic District, and City Council has, by Resolution No. , adopted 1996, authorized execution of this Agreement; and -- -- WHEREAS, the United States Department of Housing and Urban Development (HUD) has declared the use of CDBG funds for this purpose to be an eligible activity if carried out in accordance with applicable federal, state, and local laws, statutes, and regulations. NOW THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES Briar Oak Investments II will make the following improvements to the facades of the buildings located at 15 East Salem Avenue in the H-I Historic District as approved by the Architectural Review Board (ARB) on October 12, 1995, Certificate of Appropriateness Number 95-034: (a) Apply precast concrete panels to pilasters, above and below storefront windows as per plans dated 8/14/95 (approved by ARB) and revised 3/12/96. CO) Apply EIFS veneer wall system to second and third floor facade as per above noted plans. (c) Install aluminum frame storefront and window system as per above noted plans. (d) Construct and paint wood cornice between first and second floors as per above noted plans. (e) Install awnings on storefront and windows as per above noted plans. All improvements approved by the ARB shall be in compliance with the U.S. Secretary of Interior's Standards for Rehabilitation of historic buildings. TIME OF PERFORMANCE Part I of this Agreement shall be for the period of six months, commencing June I0, 1996 and ending December 31, 1996. BUDGET The total CDBG budget for this Agreement will be up to $10,000, which is in the form of a grant from the Grantee. The remaining funds for the project will be provided from private sources. The grant is contingent upon the terms and conditions in this Agreement. Co) The amount of CDBG funds in this part of the project is limited to$5.000 per building and is to be matched with private funds. The total amount of CDBG funds for this part of the Agreement shall not exceed $10,000. PAYMENT SCHEDULE AND PROCEDURES (a) Grant Funds will be disbursed to Briar Oak Investments II when the Improvements are completed as approved by the Architectural Review Board and in accordance with the Secretary oftbe Interior Standards. No Grant Funds will be disbursed until all Improvements are completed. Upon completion of the Improvements, the Subgrantee shall submit an itemized invoice to the Project Manager, Evelyn S. Lander, City Planner, Roanoke City Department of Planning and Community Development. Payment will be made to the Subgrantee subject to the terms and conditions of this Agreement. Co) The Grantee reserves the fight to refuse payment to the Subgrantee in the event that the Subgrantee submits a reimbursement request more than sixty (60) calendar days a~er the expiration date of this part of the Agreement on December 31, 1996. INDEMNIFICATION Briar Oak Investments II agrees to indemnify and hold harmless the City, its officers, agents, consultants, and employees against any and all claims, loss, cost, or expense, including reasonable attorney's fees and other costs of defense resulting from any and all claims, causes of action, suits, whether or not reduced to a judgment, and for liability of any nature whatsoever that may arise out of or result from Subgrantee's failure to make all payments due pursuant to the Agreement or any of Subgrantee's acts or omissions, intentional, negligent, or otherwise, with respect to any of the duties, rights, or privileges granted in or arising in any way out of this Agreement or that may arise out of or result from the construction activity funded by the proceeds of this Agreement, including without limitation, personal injury, wrongful death, property damage claims, or any fines, penalties, or violation of federal, state, or local laws or regulations promulgated thereunder. COMPLIANCE WITH FEDERAL REGULATIONS Briar Oak Investments II agrees to abide by the applicable ~ conditions for CDBG programs as set forth in Exhibit D entitled Federal Requirements, including Section 3 Compliance as set forth in Exhibit E, and all other applicable federal, state, and local laws or regulations relating to any specific programs performed hereunder. Exhibits D and E are incorporated herein by reference. Further, Briar Oak Investments II agrees to require compliance with applicable federal, state, and local laws and regulations by its contractor, by agreement. UNIFORM ADMINISTRATIVE REQUIREMENTS Briar Oak Investments II shall comply with the requirements and standards set forth in the following Attachments to the Federal Office of Management and Budget (OMB) Circular No. A-110, if applicable: Attachment A," Cash Depositories"; Attachment B, "Bonding and Insurance'; Attachment C, "Retention and Custodial Requirements for Records"; Attachment F, "Standards for Financial Management Systems"' Attachment H, "Monitoring and Reporting Program Performance," paragraph 2; Attachment N, "Property Management Standards"; and Attachment O, "Procurement andards. St " 8. FEDERAL LABOR STANDARDS PROVISIONS 10. Briar Oak Investments II and all contractors engaged under a contract in excess of two thousand dollars ($2,000.00) for the construction, renovation, rehabilitation, completion, or repair of any building or work financed in whole or in part with the assistance provided under this Agreement shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department &Labor under 29 CFR Parts 3 and 5, and more fully detailed in Exhibit F to this Agreement. Briar Oak Investments II shall cause or require to be inserted in full in any such contracts subject to such regulations, the provisions meeting the requirements of 29 CFR Part 5.5. FLOOD INSURANCE: Briar Oak Investments II agrees to carry flood insurance on the Building in compliance with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Public Law 93-234), for two years after the date of this Agreement for an amount at least equal to the amount of CDBG funding for this project, and to encourage its ground-floor tenants, if any, to do so also. Briar Oak Investments II shall furnish the City with documentation that this requirement has been fulfilled prior to execution of this Agreement. PROGRAM INCOME "Program Income" means gross income received by the City or Briar Oak Investments II directly generated from the use of CDBG funds. No program income is expected to be generated as a result &this Agreement. 11. 12. RECORDS AND REPORTS Briar Oak Investments H shall maintain full and accurate records with respect to all matters covered under this Agreement. All records pertaining to this Agreement and the design and construction performed pursuant to it shall be retained for a period of three (3) years after the expiration of this Agreement. Appropriate City and/or HUD personnel shall have free access to those records during the Agreement duration and the following three-year time period. SUSPENSION AND TERMINATION Suspension or termination may occur if Briar Oak Investments II materially falls to comply with any term of this Agreement, and the Agreement may be terminated by mutual agreement of the parties upon notification to HUD, setting forth the reasons for such termination, the effective date, and in case of partial termination, the portion to be terminated. 16. 17. 13. 14. 15. CONFLICT OF INTEREST No employee, agent, consultant, officer or appointed official of the City, who is in a position to participate in a decision-making process or gain inside information with regard to any CDBG activity, may obtain a personal or financial interest in any contract, subcontract, 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 therea~er. THIRD PARTY CONTRACTS The City shall not be obligated or liable hereunder to any party other than Briar Oak Investments II. OTHER PROVISIONS (a) This Agreement shall be binding upon each of the parties and their assigns, purchasers, trustees, and successors. The City from time to time may request changes in the obligations of Briar Oak Investments II. In such event, such changes which are mutually agreed upon by the City and Briar Oak Investments II shall be incorporated in a written amendment to this Agreement. (c) Briar Oak Investments II agrees to cooperate and to execute any additional documents and take such additional action as may be necessary or appropriate to complete the requirements that may be necessary to comply with the appropriate federal, state, and local laws or regulations applicable to CDBG grants and loans in effect as of the date of this Agreement. ENTIRE AGREEMENT This Agreement, including all of its Exhibits, represents the entire agreement between the parties and this Agreement shall not be modified, amended, altered or changed, except by written agreement executed by the parties. GOVERNING LAW This Agreement shall be governed by the laws of the Commonwealth of Virginia. The City and Briar Oak Investments II each for itself represents and warrants to the other party hereto: that it is duly organized and validly existing under all applicable laws and regulations; that it has all requisite power and authority to enter into this Agreement which is legally binding upon it; and, that it has all requisite power and authority to perform its obligations under this Agreement and incidental hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove written; ATTEST: CITY OF ROANOKE Mary F. Parker, City Clerk By City Manager/Assistant City Manager ATTEST: Briar Oak Investments, II, L.L.C Secretary By Steven W. Lemon, Treasurer Approved as to form: Approved as to CDBG eligibility: Assistant City Attorney Grants Monitor Appropriation of Funds Required for this Agreement Certified: Approved as to execution: Date: Account No.: 035-095-9537-5201 ($10,000) Assistant City Attorney June 3, 1996 96-141 Honorable Mayor David A. Bowers and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: SUBJECT: Authorization of Agreement for CDBG Funds 15 East Salem Avenue Briar Oak Investments II, L.L.C. For your information, Briar Oak Investments II, L. L. C. is owned and operated by William J. Lemon and Steven W. Lemon. W. Robert Herbert City Manager WRH/esl MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKF OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virg~ma 24011-1536 Telephone: ($40) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk June 10, 1996 File f~20-77-183-207-514 M. Scott Hollis Urban Engineer Virginia Department of Transportation 1401 East Broad Street Richmond, Virginia 23219 Dear Mr. Hollis: I am enclosing copy of Resolution No. 32969-060396 concurring with the recommendation of the Virginia Department of Transportation that all Roanoke Electric Steel Corporation truck baffic be prohibited from using Westside Boulevard within three years from the date of the funding allocation for the proposed industrial access road, and that appropriate signage prohibiting through trucks on Westside Boulevard will be put in place, and to provide a bond to VDOT in the estimated amount of $304,850.00 to assure compliance. Resolution No. 32969-060396 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. ~ THE COUNCII~ OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of June, 1996. No. 32969-060396. A RESOLUTION concurring with the recommendation of the Virginia Department of Transportation (VDOT) that all Roanoke Electric Steel Corporation truck traffic be prohibited from using Westside Boulevard within three years from the date oftbe funding allocation for the proposed industrial acce~s road, and that appropriate signage prohibiting through trucks on Westside Boulevard will be put in place, and to provide a bond to VDOT in the estimated amount of $304,850 to assure compliance. WHEREAS, by Resolution No. 32810-011696, approved on January 16, 1996, the City Manager was authorized to apply to VDOT for Industrial Access Road Funds to provide industrial access to Roanoke Electric Steel Corporation; WHEREAS, application was made for a 0.17 mile road project that would link Roanoke Electric Steel Corporation to the second phase of the Peters Creek Road Extension; and WHEREAS, VDOT insists that before this road application can be recommended for Commonwealth Transportation Board approval, the City must give VDOT satisfactory assurance that all truck traflfic for Roanoke Electric Steel Corporation will be prohibited on a portion of Westside Boulevard within three years from the date of the funding allocation for the project. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. ~ Council concurs with the recommendation of VDOT that within three years from the date of the fianding allocation for the proposed industrial access road, all Roanoke Electric Steel Corporation truck traffic will be prohibited from using the appropriate part of Westside Boulevard whose use is intended to be replaced by the industrial access road and that appropriate sigaage prohibiting through tracks on that part of Westside Boulevard be put in place, all as more particularly set forth in the City Manager's report to this Council dated June 3, 1996. 2. The City Manager or the Assistant City Manager is authorized to take appropriate action to provide a bond to VDOT in the estimated amount of $304,850 to assure the City's compliance with the conditions set forth in paragraph 1 above should funding by the Commonwealth be approved for this project and to comply with such other conditions as may be reasonably required to obtain such funding. 3. The City Clerk is directed to transmit an attested copy of this resolution to VDOT. ATTEST: City Clerk. June 3, 1996 No. 96-144 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: Backqround: Industrial Access Road for Roanoke Electric Steel Corporation City Council approved Resolution No. 32810-011696 on January 16, 1996 which authorized the City Manager to apply to the Virginia Department of Transportation (VDOT) for roadway construction funds to provide industrial access for Roanoke Electric Steel Corporation. Application was made on January 22, 1996 for a 0.17 mile project that would link Roanoke Electric Steel to the second phase of the Peters Creek Road Extension project (soon to be under construction). II. Current Situation: ao City and VDOT staffs have worked together over the past few months to refine this industrial access road application to improve its opportunity for approval by the Commonwealth Transportation Board. Issues such as the connection from the Roanoke Electric Steel property to the access road, employment impact, and adjacent land use have all been evaluated to VDOT's apparent satisfaction. Truck traffic generated by Roanoke Electric Steel is the only remaining issue. VDOT insists that before this road application can be recommended for Commonwealth Transportation Board approval, the City must give VDOT satisfactory assurances that all truck traffic for Roanoke Electric Steel will be eliminated on Westside Boulevard (their current access road). In order to accomplish this, the City will need to furnish VDOT with a bond in the amount of the project. This guarantee needs to be for a three-year period beginning on the date of the funding allocation. Roanoke Electric Steel will need to make a good faith effort during that time to change their internal roadway operations to enable all trucks to connect to the proposed industrial access road. As a result, the City could then, with signage, restrict all through trucks from using the appropriate portion of Westside Boulevard. If Roanoke Electric Steel's trucks are not eliminated from Westside Boulevard by the end of the three-year period, it would result in forfeiture of No. 96-144 page 2 June 3, 1996 the bond (the actual bond would not be needed until construction is set to begin and therefore will be for less than three years). III. Issues A. Industrial Access Road application. B. Fundinq. C. Timinq IV. Alternatives: City Council furnish a resolution to VDOT indicating that all Roanoke Electric Steel trucks will be eliminated from Westside Boulevard within three (3) years from the date of the funding allocation for the proposed industrial access road, and that Westside Boulevard will be posted by the end of that three-year period to prohibit through trucks or the City will reimburse VDOT the bonded amount (estimated at $304~850) to repay the industrial access funds. Industrial Access Road application would be placed in a position where VDOT staff could recommend its approval to the Commonwealth Transportation Board. Fundinq of the costs related to the proposed industrial access road, if approved by the Commonwealth Transportation Board, are estimated as follows: $304,850 4,850 55,300 State Industrial Access Funds City Matching Funds State Urban Construction Funds for Peters Creek Road Extension (turn lanes) $365,000 Total Cost The estimated $304~850 (State Industrial Access Funds) would then become 100% City expense if Roanoke Electric Steel is not able to eliminate its trucks from Westside Boulevard within three (3) years from the date of the funding allocation for the industrial access road. No. 96-144 page 3 June 3, 1996 Be o City that from date Timinq is for the industrial access application to be presented to the Commonwealth Transportation Board as early as June 20, 1996. If approved, roadway design would begin, followed by construction start in late 1996/early 1997. Council not furnish a resolution to VDOT indicating all Roanoke Electric Steel trucks will be eliminated Westside Boulevard within three (3) years from the of the funding allocation. Industrial Access Road application placed in a position where VDOT recommend its approval to the Transportation Board. would not be staff could Commonwealth Fundinq responsibilities associated with the proposed industrial access road would still need to be determined. 3. Timinq would not be an issue. Recommendation is that City Council approve alternative "A" and furnish a resolution to VDOT indicating that all Roanoke Electric Steel trucks will be eliminated from Westside Boulevard within three (3) years from the date of the funding allocation for the proposed industrial access road, and that Westside Boulevard will be posted by the end of that three-year period to prohibit through trucks or the City will reimburse VDOT the bonded amount (estimated at $304~850) to repay the industrial access funds. Respectfully submitted, W. Robert Herbert City Manager WRH/RKB/gpe copy: City Attorney City Clerk Director of Finance Director of Public Works City Engineer City Traffic Engineer XN THB COUN~XL el THB ~XTY el ROANoKB, VXRGZNXA The 3rd day of June, 1996. No. 32970-060396. AN ORDINANCE to amend and reordain certain sections of the 1995-96 Sewage Treatment 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 Sewage Treatment Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Sewage - Maintenance (1) $ ~eta~ned Retained Earnings - Unrestricted (2) ............... 1) Maintenance - Equipment 2) Retained Earnings - Unrestricted (003-056-3155-2048) (003-3336) $ 100,000 (100,000) 1,121,139 $ 18,908,109 BB IT F~RT~dER ORDAINED that, an emergency existing, this Ordinance mba11 be in effect from its passage. ATTEST: City Clerk. June 3, 1996 Council Report No. 96-329 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: TRANSFER OF FUNDS - STP Background on the subject in chronological order is as follows: Ao Filter media needs to be replaced at the Water Pollution Control Plant. Filter media is the substrate in the filters that remove solids from water. It is made up of coal, sand, and gravel. The media is twenty (20) years old. Hi.qh f ows, continuous for four (4) months, have necessitated the replacement of the media. The media has compacted from these high flows, preventing proper filtration and cleaning through backwashing. Filters were scheduled for media replacement in the upcoming plant expansion. The continuous high flows has created the need to replace the media now. Media life is not defined. The filters have had media added every four (4) years to replace media that has been lost due to backwashing. The media at the Water Department has lasted from 40 to 50 years. The filters at the Water Pollution Control Plant receive more solids than drinking water, so the life will not be as long. 4 Cost of the media is approximately ~100,000 for four (4) filters. Media has been ordered for these filters. Four (4) remaining filters will have media replaced in the next budget. Funds need to be appropriated from retained earnings to cover the cost of the media. Funds are budgeted in FY96-97 to cover the cost for the four (4) remaining filters. II. Current situation is as follows: A. High flows are caus n.q some permit violations due to filter failure. Filters operate satisfactory at normal flows. Media has been ordered to refurbish four (4) filters. The remaining four (4) filters will have media replaced after July, 1996. Honorable Mayor and Members of City Council TRANSFER OF FUNDS- STP June 3,1996 Page 2 Ill. Issues in order of importance are as follows: A. Compliance B. Need C. Benefit D. Funding IV. Alternatives in order of feasibility are as follows: Council authorize the appropriation of $100,000 from STP Retained Earnings to STP Account No. 003-066-3155-2048to cover the cost of ordering new media. Compliance of permit requirements for suspended solids will be met during high flows. 2. Need to replace filter media in four (4) filters will be met. Benefit will be derived from the ability to properly filter the wastewater and by complying with the permit limits. 4. Funding is available in STP Retained Earnings account. Council not authorize the appropriation of t~lO0,O00 from STP Retained Earnings to cover the cost of media. Compliance of permit requirements for suspended solids will not be met during high flows. 2. Need to replace the media in four (4) filters will not be met. Benefit of permit compliance will not be met and the ability to filter wastewater at high flows will not be derived. 4. Fund n,q is a moot issue. Honorable Mayor and Members of City Council TRANSFER OF FUNDS - STP June 3, 1996 Page 3 Recommendation is as follows: City Council concur in alternative "A" and take the following action: A. Authorize the appropriation of $100,000from Retained Earnings to Account No. 003-056-3155-2048to cover the cost of media for four (4) filters. Respectfully submitted, W. Robert Herbert City Manager WRH/SLW/kh CC: City Attorney Director of Finance Director of Utilities and Operations Budget Administrator Manager, Office of Supply Management IN THI CODNCI~. OF THI CITY OF ROANOKE, VIRGINIA The 3rd day of June, 1996. No. 32971-060396. AN ORDINANCE to amend and reordain certain sections of the 1995-96 Civic Center Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1995-96 Civic Center Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Revenu~ operating ~evenue (1-10) ...... 1,483,10o Non-Operating Revenue (11-12).~~~ 940,532 Civic Center - Operating (13-15) ....... 1) Coliseu~ Rental 2) Auditorium Rental 3) Exhibit Hell Rental 4) Parking Fees 5) Advance Ticket Sales 6) Cashiers 7) Security Guards and Police 8) Catering 9) Concessions 10) Ice Rental 11) Interest on Investments 12) Miscellaneous (005-020-1234-0936) $ 60,000 (005-020-1234-0937) (7,400) (005-020-1234-0938) 1,000 (005-020-1234-0939) (25,000) (005-020-1234-0942) (35,000) (005-020-1234-0944) 3,000 (005-020-1234-0945) 3,000 (005-020-1234-0949) (10,000) (005-020-1234-0950) 10,000 (005-020-1234-1140) 56,000 (005-020-1234-0913) 15,000 (005-020-1234-0917) 1,000 2,034,588 13) Maintenance - Buildings (005-056-2105-2050) $ 40,000 14) Project Supplies (005-056-2105-3005) 10,000 15) Natural Gas (005-056-2105-2024) 10,000 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Roanoke, Virginia June 3, 1996 Report No. 96-332 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Civic Center Request for Appropriation The oriainal FY '96 Civic Center budqet appropriation was ~ including operations, promotions, depreciation and capital outlay. Budaet adjustments through April, 1996 total $260.687. The current Civic Center budget as of April 1996 totals Ce ~ for FY '96 are now estimated to be ~, an increase of $60.000 over the current budget. The primary reasons for over budqet expenditures: are the increase in number of events as well as a direct increase in expenses attributed to those events. In addition, a major portion of expenses is related to the Coliseum seating renovation project and the purchase of an ice resurfacing machine. E. ~ synopsis is as follows: Current Civic Center Expense Budget Estimated Expenditures for FY '96 Additional Funding Required Estimated Collections for FY '96 Current Revenue Estimate Revenue in Excess of Estimation Less: Additional Funding Required Remaining Unappropriated Contingencies for FY '96 II. Current Situation $2,773,023 2 833 023 $ 60r000 $2,203,936 $ 71,600 60,000 ae APpropriation of funds from revenues is requested to cover the cost of additional operational expenses as detailed in I. E. Be ndin sou e is available from Civic Center revenues due to an increase in the total number of events. There were substantial increases in concessions and ice rentals. III. Issues A. Justification of Need B. Fundin~Source Ve ae ADDrOVe the appropriation of $60,000 to cover cost of certain operating expenses and adjust the revenue estimates by $71,600. Justification of need has been verified through analysis of the Civic Center operating budget. un in sou ce for operational expenses is available from revenues realized in excess of estimate. Be o n t a ov the appropriation of $60.000 to cover cost of certain operating expenses. Justificatio~ of need has been verified. This alternative will not provide for over expenditure of certain operating expenses. u din source would not be an issue for consideration. Recomme__~ is that City Council approve Alternative A, as listed below: A. Increase revenue estimates by $71.600 as follows: Increase Coliseum Rental by $60.000. (Account #005-020-1234-0936) Increase Interest on Investments by $15.000. (Account #005-020-1234-0913) 3e Increase Miscellaneous by $1,000. (Account #005-020-1234-0917) 4e e~ Auditorium Rental by $7.400. (Account #005-020-1234-0937) Se Increase Exhibit Hall Rental by $1,000. (Account #005-020-1234-0938) 6. Decrease Parking fees by $25.000. (Account #005-020-1234-0939) Decrease Advance Ticket Sales by $35,000. (Account #005-020-1234-0942) Increase Cashiers by $3.000. (Account #005-020-1234-0944) Increase Security Guards by 3,000. (Account #005-020-1234-0945) 10. Decrease Catering by $10,000. (Account #005-020-1234-0949) 11. Increase Concessions by $10,000. (Account #005-020-1234-0950) 12. Increase Ice Rental by $56,000. (Account #005-020-1234-1140) Appropriate funds totaling $60,000 to cover cost of operating expenses as follows: ADDroDriate $40,000 to Maintenance - Buildings. (Account #005-056-2105-2050) Appropriate $10.000 to Project Supplies. (Account#005-056-2105-3005) Appropriate $10.000 to Natural Gas. (Account $005-056-2105-2024) RespeCtfully submitted, W. Robert Herbert City Manager ~:vn cc: City Attorney Director of Finance Director of Utilities and Operations Chairman and Members, Civic Center Commission IN THZ COUNCIL OP ~ CITY OP ROANOKZ, The 3rd day of June, 1996. No. 32972-060396. 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: Public Safety Fire Operations (1-2) .............................. Emergency Medical Services (3-5) ................... Revenue Charges for Services EMS Services (6) ................................... 1) Regular Employee Salariem (001-050-3213-1002) $(36,822) 2) Emergency Medical Technician Salary Supplement (001-050-3213-1052) (10,708) 3) Temporary Employee Wages (001-050-3521-1004) 62,364 4) FICA (001-050-3521-1120) 5,166 5) Fees for Professional Services (001-050-3521-2010) 44,190 6) EMS Services (001-020-1234-0854) 64,190 $ 35,931,133 10,306,300 1,800,361 $ 5,092,232 1,096,016 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. June 3, 1996 Council Report # 96-401 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: Fire-Emergency Medical Services Department Budget I. ~ Medical bills for ambulance transport by the City of Roanoke are collected and processed by Quantum Medical, Inc. on a contractual basis. This contract has an escalator clause which increases the contract amount with increased billings and collections. Ambulance transport fees will exceed budgetary estimates by $375,000 thereby generating additional fees totaling $44,190 due to Quantum Medical, Inc. Increased ambulance service demands in the northwest ouadrant of the city during FY 95-96 necessitated the assignment of an additional staffed ambulance on the north side to provide needed ALS (Advanced Life Support) service. This resulted in $67,530 in personnel costs to provide this vital emergency ambulance service that was not budgeted for. This increase in staffing was necessitated by the increase in demands placed on the north side ambulance units. The northwest area constitutes fully 40 % of all ambulance calls for service. II. Current Situation is: EMS expenditures will exceed bud£eted amounts by fiscal year end as a result of: Additional EMS billing contract costs with Ouantum Medical, .Inc. ($44.190). This contract requires Roanoke City to pay Quantum 10 percent of funds collected up to $50,000 per month and 13 percent of funds collected above $50,000 per month. $76,000 was initially funded to pay the contractual costs of collecting $720,000. New revenue projections for this fiscal year are $1.095.000 an increase of $375,000. The additional revenues collected this fiscal year will increase collection fees by $44.19Q. EMS coverage enhancement to north side of City ($67,530). One additional Advanced Life Support (ALS) unit was added in FY 95- 96 for coverage from 3:00 p.m. to midnight, six days per week. Honorable Mayor and City Council June 3, 1996 Page 2 This unit was needed to meet the increase in service demand in that area. Fundin£ source needs to be identified to cover this shortfall. Additional resources will not be needed for FY 1996-97. A target date of August 1, 1996 is identified to convert EMS personnel to 24-hour shifts. This will provide the north side of the City with adequate coverage without additional resources. III. Issues in order of importance are as follows; A. Public Safety. IV. Alternatives in order of feasibility are:. City Council am~rove the transfer of funds from existine ext~endit;,.rf accounts and increase the revenue estimate for EMS billintrs to $1.095,000 to cover the costs of $67.530 for enhanced EMS staffing and $44,19Q for increased costs of collections. 1. ~ ambulance service for residents city-wide is maintained at the current level. ~ issues involving meeting the contractual agreement between the City of Roanoke and Quantum Incorporated would be resolved. v~Y~lllt~lllltltg~ are removed as the City maintains the revenue stream generated through EMS billing and collections. City Council NOT approve the funds transfer neede,! for enhanced EMS staffing and not authorize the Director of Finance to increase the revenue estimate for EMS billings to $1,095,000 to cover the increased cost of collections. ~ would be compromised as average ambulance response times would be extended. That is, between 3:00 p.m. to 12 mid-night four (4) ambulances would cover the calls for service that five (5) ambulances currently cover. Honorable Mayor and City Council June 3, 1996 Page 3 Le~,ally, the City would be in violation of the contractual agreement of allowable charges for collection services between Quantum Medical and the City of Roanoke. Rev~ could be significant on future revenue collection efforts by falling to pay for services rendered. RECOMMENDATION.. City Councilaot~rove the £ollowine ext~end#,_,_re transfers and increase the revenue estimate for EMS billines to $1.095,000 to cover the costs of $67.530 for enhanced EMS staffing and $44,190 for increased costs of collections. Accounts: Revenue 001-020-1234-0854 ExPenditures 001-050-3213-1052 001-050-3213-1002 001-050-352'-1120 001-050-3521-1120 001-050-3521-2010 EMS Billings $ 64,190 (increase in revenue estimate to $1,095,000) EMT Supplement $(10,708) Personnel Lapse $(36,822) EMS Temp Wages $ 62,364 EMS FICA $ 5,166 Fees/Prof. Services $ 44,190 Respectfully submitted, W. Robert Herbert City Manager cc' City Attorney City Clerk Director of Finance Director of Public Safety Budget Administrator Fire-EMS Chief MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk June 10, 1996 File #72-226 Theodore J. Edlich, III Executive Director Total Action Against Poverty in Roanoke Valley P. O. Box 2868 Roanoke, Virginia 24001 Dear Mr. Edlich: I am enclosing copy of Resolution No. 32973-060396 authorizing an Agreement or Agreements with Total Action Against Poverty in Roanoke Valley, Inc., to provide services in connection with Group Job Search for $100,000.00 and Work Experience for $100,000.00, two components of the Employment Services Program administered by the State Department of Social Services. Resolution No. 32973-060396 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. pc: Richard Dickson, Executive Director, ARC of Roanoke, Inc., P. O. Box 6220, Roanoke, Virginia 24017 IN THE COUNCIL OF THE CITY OF ROANOKE, The 3rd day of June, 1996. No. 32973-060396. VIRGINIA, A RESOLUTION authorizing an Agreement or Agreements with Total Action Against Poverty in Roanoke Valley, Inc. ("TAP"), to provide services required for two components of the Employment Services Program administered by the Department of Social Services. BE follows: 1. IT RESOLVED by the Council of the City of Roanoke as The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an Agreement or Agreements with Total Action Against Poverty in Roanoke Valley, Inc., which Agreement or Agreements shall require TAP'S provision of services to the City in connection with Group Job Search for $100,000 and Work Experience for $100,000, two components of the Employment Services Program, which funds will be reimbursed to the City by the State Department of Social Services, all in accordance with the recommendations set out in the City Manager's report to this Council, dated June 3, 1996. 2. The form of the Agreement or Agreements shall be approved by the City Attorney. ATTEST: City Clerk. Roanoke, Virginia Julle 3, 1996 #96-544 The Honorable Mayor and Members of City Council Roanoke, Virginia Mayor and Members of Council: SUBJECT: BID FOR EMPLOYMENT SERVICES PROGRAM, BID NO. 96-3-9 I. Background on the subject in chronological order is: A. Employment Services Program under the Administration of the Department of Social Services was established by the Federal Jobs Bill in 1988 to help dependent families achieve self-sufficiency. B. The Department of Social Services desires to contract for two components of the Jobs Bill: 1. Group Job Search. a. An activity designed to offer four weeks of classroom training to build self- esteem, motivation, and specific job seeking skills. Anticipated participants 520+. 2. Work Experience. a. On-the-job training for up to six months in a non-profit or public organization, where job-related skills may be improved. Anticipated participants 230+. C. The City of Roanoke receives 100% reimbursement from the State Department of Social Services for the cost of this project. D. Specifications were developed and, along with Request for Quotations, were sent specifically to fif~ean vendors (15) known to be able to provide similar services. A public advertisement was also published in the Roanoke Times and Roanoke Tribune. E. Bids were received, publicly opened and read at 2:00 p.m. on March 29, 1996, in the office of the Manager of Supply Management. II. Current Situation is: A. Three (3) bid responses were received. A bid tabulation is attached. B. Bid evaluations were conducted in a consistent manner by representatives of the following departments: Human Development, Social Services, Supply Management. IlL IV. Attachment "A" is the evaluation review based on the anticipated number of participants for the programs. The lowest bid, submitted by ARC of Roanoke, Inc., will provide services to a maximum of 560 participants. This is well below the anticipated 750 plus participants. The second lowest bid, submitted by the FiRh District Employment Training Consortium, will provide services to a maximum of 540 participants. This is well below the anticipated 750 plus participants. The third lowest bid, submitted by Total Action Against Poverty, offers to provide services for Employment Services Program participants which are anticipated to be 750 or more. Issues in order of importance are: A. Quality of Service. B. Required standards of performance. C. Cost. Alternatives in order of feasibility are: Authnrize the City Manager to execute contracts in a form approved by the City Attorney for Group Job Search and Work Experience with Total Action Against Poverty in the amount of $100,000 for Group Job Search and $100,000 for Work Experience to provide necessary training for participants to ensure self-sufficiency. Quality of Services for job training and job seeking skills will continue to be provided to eligible citizens. Required standards of performance will continue to meet the Federal requirements of participation. Costs will be contained within the designated budget amount. Funds are available in Account No. 001-054-5316. Do not authorize the City Manager to execute contracts with Total Action Against Pov~v for Group Search and Work Experience with TAP in the amount of $100,000 for Group Job Search and $100,000 for Work Experience to provide necessary training for participants to ensure self-sufficiency. Quality of Services to equip citizens with skills necessary to enter job market would not be met by this alternative. Required standards of performance - City of Roanoke could be sanctioned for failure to meet standards of performance. 3. Cost would not be a factor in this alternative. RECOMMENDATION A. Authorize the City Manager to execute contracts m a form approved by the City Attorney for Group Job Search and Work Experience with Total Action Against Poverty in the amount of $100,000 for Group Job Search and $100~000 for Work Experien~ to provide necessary training for participants to ensure self-sufficiency. Reject other bids received. Respectfully submitted, City Manager City Attorney Director of Finance Director of Human Development Superintendent of Social Services Office of Management and Budget Manager, Supply Management City Clerk o 0 m 0 ~o~ __] _] 0 N 0 0 q) BID TABULATION FOR EMPLOYMENT SERVICE PROGRAM BID NO. 96-3-9 Bids were received, publicly opened and read at 2:00 p.m. on March 29, 1996. ARC of Fifth District Total Action Roanoke Employment Against Inc. Training Consortium Poverty Employment Service Program For: 1. Group Job Search 2. Work Experience Program $109,980 $113,219 *$100,000 Combined with above $ 86,188 *$100,000 *Indicates recommendation One bedroom 9 $339 Two bedrooms 9 $447 Three bedrooms 2 $573 Four bedrooms i $716 The Subgrantee may receive in any year (1) up to 25 percent of such amounts or (2) such higher percentage as HUD may approve upon a demonstration satisfactory to HUD that the Subgrantee has entered into firm financial commitments to ensure that the housing assistance described in the Shelter Plus Care application will be provided for the full term of this agreement. Any amounts not needed for a year may be used to increase the amount available in subsequent years. Requests for payments shall include: the number of units for which the rental assistance is provided, the number of bedrooms of each unit, the actual costs of rental assistance for program participants' gross rent minus the tenants' contribution. Requests for rental assistance payments shall be submitted by the 20th of each month, copies of the lease agreement for each program participant must be submitted prior to first disbursement for that participant. The subgrantee shall file the necessary documents with the Human Development Coordinator, or her designated representative, ten working days prior to the date the actual disbursements are needed. Funds should be disbursed by the Subgrantee within ten working days of receipt by the Human Development Coordinator. B. DSsDersement Procedures For administrative ExPenses To the extent that the Grantee is paid by HUD and allowed by HUD's regulations, rules, and procedures regarding payment of administrative costs, the Grantee agrees to pay allowable administration costs up to 8% of the grant amount or a total of $42,890 for the five year period of this agreement. Payment to the Subgrantee for administrative expenses is only available if the grant amount reserved for rental assistance over the grant period exceeds the amount that will be needed to pay the actual costs of rental assistance, due to such factors as contract rents being lower that FMR's and participant being able to pay a portion of the rent. The amount available for administrative payments will be calculated by the Grantee on a quarterly basis. Therefore, Subgrantee shall submit quarterly requests for administration expenses. The Grantee will pay the Subgrantee based on available funds and HUD requlations. Such payments to the Subgrantee shall not exceed $8,578 per year without written approval by the Grantee. Quarterly requests for administrative expenses shall include participants' names, addresses, and activities performed. Subgrantee will perform the following administrative services. Receiving and processing new participants - $100 per participant enrolled in Shelter Plus Care. Receiving and processing new participants shall include the following: * Distribute and accept application; * Interview applicant; * Verify income and family composition; * Determine Income Eligibility; * Provide an orientation session to client and caseworker; * Provide necessary materials to client at orientation and as necessary thereafter; * Execute installment repayment agreements for clients owing money to the Subgrantee ; * Consultation as needed with client, caseworker, and other SPC administrators and partners. Rental unit inspections - $35 per inspection Rental inspections shall include the following: {WHAT IF UNIT FAIL8 AND FOLLOW-UP INSPECTION~ MU~T BE * Perform initial Housing Quality Standard Inspections (HQS) * Perform annual HQS inspections on all occupied units. * Perform investigative inspections in response to complaints * Consultation [Lisa and Earl: with who and for what ???] Preparation of lease addendum and housing assistance payments contracts - $54 per contract Preparation of lease addendum and housing assistance shall include the following: * Compute and process participant's file * Enter data into family certification system * Prepare lease addendum and Housing Assistance Payment contract * Obtain signatures from landlord and participant * Consultation [Again, with who and for what?] e Processing Rental Payments - $100 month for all payments processed during that month Processing rental payments shall include the following: J * Enter landlord and participant information into HAP system * Requisition money from grantee for HAP * Make monthly payments to landlord * Make monthly utility reimbursement to family if applicable * Consultation ??? Annual and interim examination of participant income and family composition - $55 per occurrence Examination of participant income and family composition shall include: * Conduct annual recertification * Conduct interim change certification in the event of client change of income * File computation (with who??) * Consultation ???? 6e Provide monthly reports to grantee - $100 per month for all monthly reports Providing monthly reports to grantee shall include: * Documentation of landlord and tenant payments * Copies of executed leases and contracts * List of current participants * Inspection reports * Income verification forms * Consultation C. Annual Audit and ~onitorinq~ The Subgrantee shall provide for an independent audit of all Shelter Plus Care Program expenditures in accordance with Circular A-128 for the contract period covered by this Agreement. An annual audit is required for each fiscal year that Subgrantee receives these funds. Two copies of said audit report shall be furnished to the Grantee within 30 days after completion of the audit. In addition, it is the intention of the Grantee to perform monitoring visits to verify the Subgrantee's performance from a financial and compliance auditing perspective during the contract period covered by this Agreement. P~RT III - ~I~NTEE RESPONSIBILITI~ ~eneral ~uidanee= The Grantee's Human Development Directorate shall provide as the Grantee deems appropriate general guidance and direction to the subgrantee concerning the intent and operation of the program developed by the Grantee to be administered by the Subgrantee under this Agreement. Reports prepared by the Grantee's staff for presentation to City Council relating to matters covered by this Agreement shall be provided to the Subgrantee for review and comment ten (10) working days before the day of the Council meeting. Existina Data: The Grantee shall make available existing reports, records or other existing data that may assist the Subgrantee's performance of services covered under this Agreement. Overall administration: The Grantee shall conduct ongoing assessment of the rental assistance and supportive services required by the participants in the program; and work with the Nine Partner Agencies to assure adequate provisions of supportive services to the participants in the program. Hatch Re~uirementez The Grantee shall document required supportive services match and calculate the value of the match. In the event, sufficient supportive services match cannot be documented each year, this agreement may be terminated at the sole option of the Grantee. Environmental Review: This project satisfies the requirements, as a categorical exclusion not subject to Section 58.5. of the Federal Regulations. Particination of Homeless Ind~vidua~sz The Grantee shall provide for the participation of not less than one homeless individual or formerly homeless individual in a policy decision making body that meets to monitor the progress of this program. PART IV - PERFORM]tNCE AND RECORD KEEPINg: &. Time Period: The Subgrantee shall commence the provision of the services described in Part I of this Agreement as of March 15, 1996, and continue through March 15, 2001. Retention of Records: Ail records pertaining to this Agreement and the services performed pursuant to it, shall be retained for a period of three (3) years after the expiration date of this Agreement. Appropriate Grantee and/or HUD personnel shall have free access to those records during the Agreement duration and the following three-year period. C. Due Process and Termination of &ssistanco To Participa~e- The Subgrantee or the Grantee may terminate assistance to a participant who violates program requirements or conditions of occupancy in accordance with Federal Regulations 24 CFR Part 582 Section 582.320. PART V - THIRD PARTy CONTRACTS AND BIDS: The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee. PART VI - PERSONNEL~ The Subgrantee represents that it has, or will secure (limited to the funds provided under this Agreement) all personnel required in performing the services under this Agreement. Such employees shall not be employees of or have any contractual relationship with the Grantee. All of the services required hereunder will be performed by the Subgrantee or under its supervision, and all personnel engaged in the work shall be fully qualified to perform such services. PART VII - UNIFORM ADMINISTRATIVE REOUIREMENTS~ The subgrantee agrees to abide by the HUD conditions for the SPC program as set forth in 24 CFR Part 582 CAttachmeDt ~) , as amended by the Interim Rule published May 10, 1994, at 59 FR 24252 (the 'Rule") and Subtitle F of Title IV of the Stewart B. McKinney Homeless Assistance Act 42 U.S.C. 11301 et.seq. (the Act) the policies, guidelines and requirements of OMB Circular No A-87 (Cost Principles Applicable to Grants, Controls, and other Agreements with state and local governments, 24 CFR Part 85, (Administrative Requirements for Grants and cooperative Agreements to state, local and federally recognized Indian Tribal Governments) and all other applicable federal regulations relating to the specific program performed hereunder. PART VIII: - FAIR HOUSING= Subgrantee may not define geographical area of participation in anyway that violates the Fair Housing Act of the Rehabilitation Act of 1973. The Subgrantee agrees to take the appropriate steps necessary to assist to affirmatively market this program. PART IX - CONFLICT OF INTEREST-' No employee, agent, consultant, officer or elected 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 SPC activities, may obtain a personal or financial interest in or benefit from any of the activities, or have an interest in any contract, subcontract or agreement with respect thereto, or in the proceeds thereunder, either for themselves, their family or business associates, during their service with subgrantee and for one (1) year after termination of service. Participation by homeless individuals who also are participants under the program in policy or decision making under 582.300 does not constitute a conflict of interest. PART X - MINIMIZING DISPL~CEMENT~ subgrantee shall take all reasonable steps to minimize the displacement of persons as a result of the provision of supportive housing. The Subgrantee will comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 USC 4601 - 4655) and implementing regulations at 49 CFR Part 24. PART XI - INDEMNITY PROVISION: Each of the parties hereto agrees to indemnify and hold harmless the other party, its officers, agents and employees, from any and all claims, legal actions and judgments and expenses resulting there from, arising out of each party's intentional or negligent acts or omissions with respect to the duties, rights and privileges granted in or arising under this Agreement. In the event that the parties are jointly or concurrently negligent, each party shall indemnify and hold harmless the other party to the extent of that party's negligence. ENTIRE AGREEMENTs This Agreement, including its Exhibit, represents the entire agreement between the parties and this Agreement shall not be modified, amended, altered or changed, except by written agreement executed by the parties. Amendments that change the population to be served or are inconsistent with the Grantee's original Application for funds may not be made with out prior written approval from HUD. PART XIII - TERMINATION OF AGREEMENT FOR CAUSEs If either party to this Agreement should fail to fulfill in a timely and proper manner its obligations under this Agreement, use Grant funds for a purpose other than as authorized by HUD, conduct the program in noncompliance with applicable law, rule or regulation of any federal, state or local government, or failure to expend Grant funds in a timely manner, either party shall thereupon have the right to terminate this agreement by giving thirty (30) calendar days written notice of such termination to the other party and specifying the effective date thereof. SPC funding to be made available by the Grantee under this Agreement is contingent upon necessary appropriations by the Federal government. In the event that sufficient funds are not appropriated, not obtainable from the LOCS system, or sufficient in-kind match is not available, at the sole discretion of the Grantee, this Agreement may be terminated in whole or in part. In the event any of the Nine Partner Agencies decide not to participate, the Grantee at its sole discretion may terminate this Agreement in whole or part. PART XIV - REVERSION OF ASSETSz Upon expiration or termination of this Agreement, the Subgrantee shall transfer to the Grantee any Shelter Plus Care funds on hand at the time of expiration or termination and any accounts receivable attributable to the use of Shelter Plus Care funds. PART XV - NON-DISCRIMINATION During the performance of this agreement, the Subgrantee agrees not to discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, sex, or national origin. The Subgrantee agrees to post in conspicuous places, notice setting forth the provisions of this non-discrimination clause. The Subgrantee, in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee, will state the Subgrantee is an equal opportunity employer. PART XVI - GOVERNING LANZ This Agreement shall be governed by laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Grantee and Subgrantee have executed this Agreement as of the date first written above. ATTEST: City of Roanoke, Virginia (Grantee) Mary F. Parker, City Clerk City Manager/ Assistant City Manager ATTEST: By: APPROVED AS TO SHELTER PLUS CARE ELIGIBILITY Neva J. Smith, Executive Director Roanoke Redevelopment and Housing Authority APPROVED AS TO FORM Office of Grants Compliance Assistant City Attorney APPROVED AS TO EXECUTION CERTIFIED AS TO FUNDS Assistant city Attorney Director of Finance ATTACHMENT A - Federal Regulation 24 CFR Part 582 Mary F. Parker, CMCIAAE C~ty Cbrk CITY OF ROANOKE Office of the City Clerk 8andra H. Eakin Deputy City Clerk June 10, 1996 File #20-67-76-80 W. Robert Herbert City Manager Roanoke, Virginia Deer Mr. Herbert: Your report with regard to the "Keep The Star White Campaign", was before the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. On motion, duly seconded and adopted, Council voted to approve a 90-day trial period from September 1, 1996 - December 1, 1996, to turn the Mill Mountain Star red for 24-hours following a drug or alcohol-related traffic fatality in the Roanoke Valley. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm W. Robe~ Herbe~ Ci~ Manager June 10,1996 Page 2 pc: Beverly T. Fitzpatrick, Jr., Executive Director, The New Century Council, 10 Franklin Road, S. E., Roanoke, Virginia 24011 Brenda A. Altman, President, Smith Mountain Lake Regional Chapter, Mothers Against Drunk Driving, P. O. Box 11282, Roanoke, Virginia 24022-1282 William F. Clark, Director, Public Works Mothers Against Drunk Driving P.O. Box 11282 · Roanoke, VA 24022-1282 · (540) 977-5380 · (540) 576-1923 · FAX: (540) 977-5265 SMITH MOUNTAIN LAKE REGIONAL CHAPTER May 29, 1996 The Honorable David A. Bowers 601 Camilla Avenue, SE Roanoke, VA 24014 Dear Mayor Bowers: I want to, personally, express my thanks to you for the opportunity to present the "Keep the Star White" campaign May 20. As I'm sure you can tell, I am very passionate about this initiative and am willing to do anything to help with implementation. Although many of our citizens have not had to endure the tragic experience of losing a loved one because of someone else's indulgence and carelessness. However, according to DMV's statistics, the frequency of alcohol and drug related traffic deaths is continually increasing in our area. It seems that the greater the frequency, the more unaware citizens are as it becomes a part of everyday news. This cannot be the continuing trend for our young people. We must stress the seriousness of this act -- before it happens to them. We are already working with Captain Compton and the State Police Department in regards to identifying the necessary statistics for carrying out this strategy. Also, I understand that Bill Clark has been in contact with Bev Fitzpatrick. Please know that I am willing to do whatever is needed to help with implementation plans and can be contacted at (540) 977-5380. Thank you, again, for hearing our plea and for consideration of this strategy. Speaking on behalf of the victims of these tragic acts, we would gr~eatly appreciate the acknowledgement made by changing the Mill Mountain Star red in honor of our loved ones' passing and the effort this campaign makes to decrease the problem. I look forward to seeing you again on June 3. Sincerely, Brenda A. AItman President, SML Regional Chapter Mothers Against Drunk Driving June 3, 1996 Council Report No. 96-142 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: Keep The Star White Campaign At Council's regular meeting on Monday, May 20, 1996, you received a request from Brenda A. Altman, President of the Smith Mountain Lake Chapter, Mothers Against Drunk Driving, that the Mill Mountain Star be turned red for 48 hours following any alcohol or drug related traffic fatality in the area. Mr. Beverly T. Fitzpatrick, Jr., Executive Director of the New Century Council, submitted a brochure including support for this idea from numerous individuals, groups, and officials throughout the New Century region. There is seemingly widespread support for the idea as a means of calling to public attention the carnage which takes place on our highways and the need to promote safer driving habits. Many persons see the Mill Mountain Star as a highly visible regional symbol which can bring maximum attention to the current social problem of drinking and driving. Of course the star has different symbolic meaning for some persons. The City receives 20 to 30 calls a year from individuals and organizations who want to turn the star different colors for various reasons and events. Because the star has served as a community symbol, I have only approved changes for City-sponsored reasons such as the red, white and blue colors for All- America City and in honor of our troops in Desert Storm. The City's Mill Mountain Development Committee has expressed reservations concerning this proposed use of Roanoke's most visible public symbol, and has not endorsed the Keep The Star White Campaign. The star is currently turned red each year in October to promote the City' sponsorship of Red Ribbon Week for drug and alcohol awareness. If the Keep The Star White Campaign is initiated, any other uses of the star as a symbol of special events/occasions will be affected. Reportedly, there were approximately 60 alcohol and drug related traffic fatalities in the New Century Region last year, which means the star would have burned red on 120 evenings. Should Council favor approving the Keep The Star White Campaign request, the following guidelines are recommended: Mayor Bowers and Members of City Council June 3, 1996 Page 2 Official notification by a representative of the Virginia State Police of an alcohol or drug related traffic fatality within the New Century region must be received by the City. This will avoid duplication of information and erroneous changes in the star coloration. The City will change the color of the star to red for two consecutive evenings beginning with the next regular work day for City employees. The star is controlled by a time clock which turns on at approximately 8:00 p.m., and offat approximately 2:00 a.m., adjusted for seasonal changes in sunset. The State Police receive daily repons from all local police departments concerning traffic fatalities. The City would be notified if the investigating officer repons that alcohol or drugs were considered to have been related to the accident. Since the district office does not record those repons at night or on weekends, it could be a couple of days after the accident before the City would be notified. If the City needs to perform major maintenance, such as repainting, the lighting of the star may need to be suspended for periods of time. The campaign should be re-evaluated after 6 months to consider its success and/or any desired modifications. WRH:WFC:pr Respectfully, W. Robert Herbert City Manager The Honorable C. Nelson Harris, Council Member-Elect The Honorable Carroll E. Swain, Council Member-Elect The Honorable James O. Trout, Council Member-Elect Wilburn C. Dibling, Jr., City Attorney William F. Clark, Director of Public Works Brenda A. Altman, President, Smith Mountain Lake Chapter, MADD Beverly T. Fitzpatrick, New Century Council Confidential Attachment: Dear Mayor Bowers and Members of City Council: In 1988, when Roanoke was named an Ali-America City, the Star burned red, white and blue for one year. When our All-America City (AAC) delegation travels to Fort Worth, Texas this June, we have arranged for the star to be turned red, white and blue on Saturday evening, June 15, if Roanoke is named an All America City at the awards banquet that evening. We are not publicizing this fact, but instead will announce the red, white and blue star when/if we call the media Saturday evening to announce we have won. Accordingly, I would recommend that if Council wants to continue the red, white and blue AAC designation, the Keep The Star White Campaign would begin after September 1, 1996. Department of Finance City of Roanoke, Virginia June 3, 1996 TO: Honorable Mayor and Members of City Council FROM: James D. Grisso, Director of Finance SUBJECT: April Financial Report This financial report covers July through April of the 1995-96 fiscal year. The following narrative discusses revenue and expenditure trends to date. REVENUE Total General Fund revenues reflect an increase of 5.03% or $5,928,000, on a year to date basis, compared to FY95. Variances in specific categories of revenue are as follows: General Property Taxes have increased $1,898,000 or 3.4%. Real estate taxes have grown by $950,000 due to increased levies, but they are likely to fall slightly short of the targeted budget for the year. Personal property taxes have increased by $722,000 due to an increase in the volume of vehicle sales, combined with the fact that vehicles have retained their values in 1996. Public service corporation taxes and penalties and interest have also increased by approximately $100,000 and $125,000, respectively. Other Local Taxes have increased 9.04% or $3,077,000, providing over half of the General Fund revenue increase. Leading this growth is increased business, professional and occupational license taxes, up $1,383,000 or 18% since the prior year. This is caused by growth in the gross receipts of local businesses and increased auditing of their tax returns. Sales tax has increased approximately $456,000 or 3.7%. Transient room taxes have increased by 31%, providing $242,000 of additional revenue. Cable television franchise taxes are up $200,000, partially due to growth in this tax and partially due to a timing difference between FY95 and FY96 in the month in which the final quarterly payment was received. Utility taxes, E911 telephone taxes, and prepared food and beverage taxes have all increased as well. Permits, Fees and Licenses are down 12.69% or $79,000. A decrease in housing starts has resulted in lower fees for heating, electrical, plumbing and building inspections. Bingo audit fees are lower in the current year because there is one less bingo operator subject to the audit requirement. Revenues from the Use of Money and Property have decreased $61,000 or 6.74%. Although interest on investments has risen by more than 50% and rent from the Commonwealth building has increased, rental income from Social Services in Municipal North has declined due to differences in the timing of payments since last year. This year, payments are being made in equal monthly amounts, while last year payments of larger amounts were made only in the first half of the year. By year end, this income should be comparable to FY95. Grants-in-Aid Federal Government have decreased $240,000 or 88.82%. A $245,000 payment from FEMA for the 1994 Ice Storm was received in December 1994, while a $14,000 reimbursement was received in February 1996 for flooding last summer. Civil defense revenue has also declined. Honorable Mayor and Members Roanoke City Council June 3, 1996 Page 2 Charges for Services have increased $435,000 or 21.6%. Approximately $300,000 of this is from higher Emergency Medical Service (EMS) revenue resulting from increased rates to help fund program enhancements. The increase in this area is consistent with the targeted growth. Sheriff's Court fees are also up due to a change in fees implemented at the State level and timing differences in submitting the fees to the State. Circuit Court fees have also risen $28,000, and Central Services charges to Enterprise Funds are up $68,000, consistent with budgeted increases in these charges. Miscellaneous Revenue has decreased $28,000 or 13.88% due to lower proceeds from the sale of surplus property and a decline in other miscellaneous revenues. Internal Services have decreased 11.48% or $153,000. Billings by Engineering and Street Maintenance to the Water and Sewage Treatment Funds were higher in FY95 due to the expansions at Carvins Cove and the Sewage Treatment Plant. Building and Grounds Maintenance billings have also declined. Billings by Custodial Services are slightly higher in the current year, however. EXPENDITURES AND ENCUMBRANCEg Expenditures and encumbrances in the General Fund have increased 8.10% or $9,250,000 since FY95. Variances in individual expenditure categories are discussed below: General Government expenditures have increased $519,000 or 6.72%. The City Treasurer and Commissioner of Revenue departments have seen increased CIS charges due to the new business license system. The Commissioner of Revenue has incurred greater Management Services charges as well. The Supply Management department has also incurred additional CIS charges, due to the testing and development of the Decentralized Purchasing System that will be implemented City wide beginning in August. It has also purchased new personal computers. Real Estate Valuation has incurred additional expenditures in FY96 for personnel services and office rent associated with its relocation. Risk Management has seen an increase in insurance premiums, litigation settlements and in self-insured auto claims. Personnel Management has incurred higher costs for personal services, drug testing, employee tuition, Service Excellence activities, and the City's monthly leadership training. Public Safety expenditures have increased 11.52% or $2,940,000. Personal services expenditures at the Jail have increased $974,000 due to the 51 new employees added by its recent expansion. Fees for professional services are up $417,000 due to the privatization of Jail medical services, and reimbursements are nearly $200,000 lower through April of the current year, causing an increase in the department's total expenditures. Police and Fire expenditures have increased $366,000 and $607,000, respectively, primarily due to increased personal services costs in these labor-intensive departments. EMS has experienced higher personnel costs due to new positions and the transfer of an existing position into the department. Fees for the collection agency that handles EMS billings have risen, and CIS charges are higher due to the addition of an offsite host connection. Capital outlay costs have conversely declined by about $130,000. Building Inspections has incurred increased costs for demolition of condemned structures in the City and for personnel costs, but it has received more reimbursements and lower CIS charges. Honorable Mayor and Members Roanoke City Council June 3, 1996 Page 3 Public Works expenditures have risen $1,392,000 or 7.97% in FY96. Snow removal costs, mostly in the form of overtime wages, contractual services, and equipment costs, have increased $267,000. Street Paving expenditures have increased. The Communications Department has seen increased costs in personal services, telephone costs, and equipment maintenance and rental due to its expanded 911 program. Offsetting some of these increases is a decrease of more than $150,000 in capital outlay compared to last year. Recycling expenditures have risen due to increased fleet rental and maintenance and because reimbursements are down $61,000 from the prior year due to timing differences in payments from the Roanoke Valley Resource Authority. Engineering expenditures have grown due to the costs of real estate acquisition, a new activity in FY96, and due to the 30% budgeted increase in bridge inspections. Capital outlay for computer equipment has occurred, and personal services costs are up as well. Building Maintenance has incurred increased maintenance costs of $223,000. General City maintenance has caused this increase as has painting and remodeling of the greenhouse at Mountain View. Boiler replacement has also cost the department nearly $115,000. The Parks Maintenance department has incurred increased expenditures as well, mostly in the form of increased personal services costs. Health and Welfare expenditures have increased 11.2%or$1,443,000. Social Services expenditures have risen $240,000 due to increased foster care, subsidized adoption, and daycare services. Personal services costs have also risen in the department, and the Employment Services and Income Maintenance departments have seen increased personnel costs as well. Comprehensive Services Act expenditures have risen $1,004,000, or 28%, due to increased children in the program and more children in FY96 receiving care at very expensive facilities due to the high level of supervised care they require. Citizens Services Committee expenditures have risen $100,000, in accordance with the budgeted increase. Nondepartmental expenditures have increased $1,063,000 or 25.83%. This is caused by an increase in transfers to other funds offset by a decrease in funding for the Pension Plan. The largest single increase in transfers to other funds is an increase of $950,000 to the City Information Systems fund for technology related equipment purchases. Transfers to the Civic Center, Transportation Fund and Grant Fund have also increased. The Pension Plan transfer was $350,000 last year compared to $195,000 this year. I would be pleased to answer any questions which City Council may have regarding the Monthly Financial Statements. JDG/AHA/pac Attachments Direc~t~r ~f Finance CITY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE APRIL 30, 1996 Balance July 1,1995 Ordinance Number Decartment CMT014 Real Estate Valuation CMT020 Jail 32725 City Attorney CMT076 Contribu~ons - Cultural 32788 Health Department 32812 Income Maintenance 32813 City Treasurer CMT107 Grants Compliance CMT126 Supply Management CMT127 32832 CMT138 Communications Contributions - Cultural Director of Utilities and Opera~ons CMT140 Emergency Services 32847 Snow Removal CMT159 City Council CMT162 CityManager CMT165 Circuit Court CMT166 CityCouncil CMT171 CityCouncil 32886 CMT213 CMT217 CMT222 CMT227 Planning and Community Devalopment Traffic Engineering Parks Maintenance Traffic Engineering Ubraries Balance April 30, 1996 Puroose Painting Equipment Audit of Cable Talevialon Franchise Fees Padnership for Urban Virginia Local Match Funding Funding of General Ralief Program Satellite Office at DMV Consolidated Plan Citizens Par~cipation Workshop Purchase of NIGP Commodity Code Books for Departments Frequency Coordination Fee Explore Park Funding of Local Government Restructuring of Electric Industry for CompetiWe Opportunities Funding of Shelter Operations at the Civic Center January 7 - 10 Emergency Snow Operations December 95 - February 96 Training and Development Amos Alonzo Stagg Bowl Costs Purchase of Judges Chairs Special Events Training and Development and Special Events Williamson Road Corridor Plan Sign Replacement at Brandon Avenue and Franklin Road Gypsy Moth Program Sign Replacement at Brandon Avenue and Franklin Road Fax Machines at Gainsboro and Jackson Park Branch Libraries $366,941 (1,067) (4,ooo) (2,968) (5,000) (17,327) (37,500) (11,000) (170) (1,000) (2,155) (25,000) (3,375) (5,ooo) (81,716) ~,000) 6,500) (170) ~,000) (35,ooo) (5,ooo) (3,137) (3,250) (1,4oo) $104,206 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Year to Date for the Period July 1- Apr 30 July 1- Apr 30 Percentage 1994-98 1995-96 of Change Current Fiscal Year Revenue Source General PropertyTaxes $55,774,042 $57,672,179 3.40 % $59,967,900 96.17% Other Local Taxes 34,021,626 37,098,656 9.04 % 46,139,938 80.40% Permits, Fees and Licenses 621,653 542,784 (12.69) % 722,000 75.18% Fines and Fon~eitures 736,978 767,214 4.10 % 799,700 95.94% Revenue from Use of Money and Property 908,321 847,123 (6.74) % 1,133,785 74.72% Grants-in-Aid Commonwealth 21,871,955 22,918,985 4.79 % 32,641,030 70.22% Grants-in-Aid Federal Government 269,627 30,154 (88.82) % 147,793 20.40% Charges for Services 2,015,163 2,450,482 21.60 % 3,087,523 79.37% Miscellaneous Revenue 198,980 171,358 (13.88) % 363,599 47.13% Internal Services 1,327,510 1,175,102 (11.48) ~ 1,940,519 60.56% Total $117,745,866 5.03 % 84.16% Percent of Revised Revenue Revenue Estimate Estimates Received $123,674,037 $146,943,787 STATEMENT OF EXPENDITURES AND ENCUMBRANCES Excenditures General Government Judicial Administration Public Safety Public Works Health and Welfare Parks, Recreation and Cultural Community Development Transfer to Debt Service Fund Transfer to School Fund Nondepartmental Year to Date for the Period Current Fiscal Year Percent of July 1- Apr 30 July 1- Apr 30 Percentage Unencumbered Revised Budget 1994-96 1995-96 of Change Balance Appropriations Obligated $7,727,906 $8,247,178 6.72 % $1,910,716 $10,157,89~ 81.19% 3,080,438 3,179,216 3.21% 826,328 4,005,544 79.37% 25,516,200 28,455,716 11.52 % 7,368,527 35,824,243 79.43% 17,457,456 18,849,162 7.97 % 4,290,987 23,140,149 81.46% 12,881,554 14,324,777 11.20 % 4,761,545 19,086,322 75.05% 4,301,062 4,480,430 4.17 % 774,957 5,255,387 85.25% 919,957 937,260 1.88 % 463,309 1,400,569 66.92% 8,078,920 7,966,377 (1.39)% 374,423 8,340,800 95.51% 30,167,400 31,878,706 5.67 % 6,135,357 38,014,063 83.86% 4,113,975 5,176,601 25.83 % 1,955,861 7,132,462 72.58% Total $114,244,868 $123,495,423 8.10 % $28,862,010 $152,357,433 81.06% 2 CITY OF ROANOKE, VIRGINIA SCHOOL FUND STATEMENT OF REVENUE Revenue Source State Sales Tax Grants-in-Aid Commonwealth Grants-in-Aid Federa~ Government Charges for Services Transfer from General Fund Special Purpose Grants Total Year to Date for the Period Current Fiscal Year Percent of Revised Revenue July 1-Apr 30 July 1-Apr 30 Percentage Revenue Estimate 1994-95 1995-96 of Change Estimates Received $5,682,567 $5,783,995 1.78 % $7,843,336 73.74% 22,593,884 23,521,292 4.10 % 28,134,875 83.60% 1,671,522 1,683,533 0.72 % 2,368,034 71.09% 1,938,467 2,090,786 7.86 % 2,620,887 79.77% 30,167,400 31,878,106 5.67 % 38,014,063 83.86% 7,936,668 8,161,238 3.08 % 8,150,165 N/A $69,990,508 $73,138,950 4.50 % $87,131,360 83.94% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Current Fiscal Year Percent of July 1-Apr 30 July 1-Apr 30 Percentage Unencumbered Revised Budget 1994-95 1995-96 of Change Balance Appropriations Obligated Expenditures Instruction General Support Transportation Operation and Maintenance of Plant Food Services Facilities Other Uses of Funds Special Purpose Grants Total $43,205,849 $46,702,583 8.09 % $11,408,339 $58,110,922 80.37% 2,127,898 2,179,786 2.44 % 922,650 3,102,436 70.26% 2,049,479 2,301,887 12.32 % 742,715 3,044,602 75.61% 7,095,994 6,956,210 ( 1.97) % 1,962,783 8,918,993 77.99% 2,584,986 2,659,384 2.88 % 685,479 3,344,863 79.51% 3,094,747 3,047,152 (1.54)% 48,164 3,095,316 98.44% 1,906,361 2,510,275 31.68 % 24,817 2,535,092 99.02% 9,635,629 8,150,165 (15.42)% - 8,150,165 N/A $71,700,943 $74,507,442 3.91 % $15,794,947 $90,302,389 82.51% 3 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF APRIL 30, 1996 Expenditures Unexpended Outstanding Unencumbered Budget To Data Balance Encumbrances Balance General Government $8,170,637 $6,245,384 $1,925,253 $487,831 $1,437,422 Judicial Administration 37,610 37,539 71 71 Public Safety 9,561,146 9,020,134 541,012 196,963 344,049 Education 19,859,397 8,539,045 11,320,352 3,273,276 8,047,076 Community Development 1,041,000 82,269 958,731 958,731 Recreation 472,995 200,250 272,745 257,141 15,604 Streets and Bridges 13,268,264 8,508,631 4,759,633 2,750,474 2,009,159 Sanitation Projects 3,125,277 3,077,264 48,013 2,500 45,513 Traffic Engineering & Communications 1,475,300 1,272,995 202,305 116,285 86,020 Other Infrastructure Projects 5,989,620 3,747,532 2,242,088 231,100 2,010,988 Capital Improvement Reserve 21,349,423 21,349,423 21,349,423 Total $84,350,669 $40,731,043 $43,619,626 $8,274,301 $38,345,325_ 4 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 10 MONTHS ENDING APRIL 30, 1996 Operating Revenue Commercial Sales Domestic Sales Industrial Sales Town of Vinton County of Roanoke City of Salem Customer Services Total Operating Revenue Operating Expenses Personal Services Operating Expenses Depredation Total Operating Expenses Operating Income Nonoperating Revenue (Expenses) Interest Revenue Rent Transfer from General Fund Transfer from Utility Line Services Fund Miscellaneous Revenue Interest Expense Miscellaneous Expense Total Nonoperating Revenue (Expenses) Net Income 1996 $2,648,574 2,405,484 209,437 31,662 1,501,249 1,606 300,402 7,098,414 1,131,002 2,708,149 782,308 4,621,459 2,476,955 124,665 3,020 275,000 27,811 (417,175) (1,371_) 11,950 $2,488,90~5 1995 $2,668,602 2,350,956 218,720 22,058 1,817,505 359,909 7,437,750 1,002,932 2,365,915 664,836 4,033,683 3,404,067 128,527 2,650 3,465 18,085 (1,245) 151,462 __ $3,555,529 5 CITY OF ROANOKE, VIRGINIA SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 10 MONTHS ENDING APRIL 30, 1996 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 Depreciation Total Operating Expenses Operating Income Nonoperating Revenue (Expenses) Interest on Investments Miscellaneous Revenue Miscellaneous Expense Interest Expense Total Nonoperating Revenue (Expenses) Net Income 1996 $5,592,855 678,443 166,821 720,808 109,041 103,652 66,188 7,437,808 1,349,021 3,395,041 779,554 5,523,616 1,914,192 204,871 14,740 (198) 219,413 $2,133,605 1995 $4,740,424 1,207,329 274,854 969,223 116,789 99,647 48,608 7,456,874 1,295,540 3,190,567 794,846 5,280,953 2,175,921 50,673 14,570 (303) (9,375) 55,565 $2,231,486 6 CITY OF ROANOKE, VIRGINIA CiViC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 10 MONTHS ENDING APRIL 30, "1996 Operating Revenue Rentals Parking Fee Event Expenses Advertising Admissions Tax Commissions Novelty Fees Total Operating Revenue Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenue Transfer from General Fund Transfer from Materials Control Fund Interest on Investments Miscellaneous Total Nonoperating Revenue Net Loss 1996 $469,231 116,816 114,492 1,785 179,130 248,733 20,330 1,150,517 895,941 959,309 319,299 2,174,549 (1,024,032) 779,636 114,896 30,594 9,865 934,991 ($89,041) 1995 $443,396 199,019 164,918 2,395 197,480 266,311 36,578 1,310,097 838,192 943,352 280,870 2,062,414 (752,317) 644,196 28,114 10,949 683,259 ($69,058) 7 CITY OF ROANOKE, VIRGINIA TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE 10 MONTHS ENDING APRIL 30, 1996 Operating Revenue Century Station Parking Garage Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Surface Parking Lots Total Operating Revenue Operating Expenses Opera§ng 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 1996 $241,444 247,808 137,768 333,310 184,143 99,958 1,244,431 533,742 433,762 967,504 276,927 872,665 43,165 10,562 3,982 (5O0,000) (555,452) (125,078) $151,849 1995 $255,162 218,760 137,430 358,329 194,487 93,382 1,257,550 484,855 433,997 918,852 338,698 765,316 91,208 (546) 4,268 (400,000) (589,853) (129,607) $209,091 8 CITY OF ROANOKE, VIRGINIA NURSING HOME FUND COMPARATIVE INCOME STATEMENT FOR THE 10 MONTHS ENDING APRIL 30, 1996 Operating Revenue Private Patient Fees Medicaid Patient 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 1996 $36,921 244,307 791,319 1,072,547 1,052,058 394,769 19,690 1,466,517 (393,970) 17,280 50,000 504,210 571,490 $177,520 1995 $127,317 219,335 680,551 1,027,203 987,333 379,720 19,744 1,386,797 (359,594) 12,548 485,750 498,298 $138,704 9 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 10 MONTHS ENDING APRIL 30, 1996 Operating Revenue Commission Conference Center Total Operating Revenue Operating Expenses Commission Conference Center Depreciation Expense Total Operating Expenses Operating Loss Nonoperating Revenue (Expenses) City Subsidy Virginia Tech Subsidy Proceeds from Brick Sales Interest on Investments Conference Center Total Nonoperating Revenue (Expenses) Net Income (Loss) Notes to Financial Statement: {1) (2) (3) 1996 CONFERENCE COMMISSION (1) CENTER (2) TOTAL 1995 $ $ $ $ 1,279,618 1,279,618 60,032 (3) 1,279,618 1,279,618 60,032 70,406 70,406 351,843 1,340,738 1,340,738 117,907 370,063 12,795 382,858 440,469 1,353,533 1,794,002 469,750 (514,384) (409,718) (440,469) (73,915) 175,000 175,000 276,500 175,000 175,000 276,500 1,250 1,250 59,716 7,193 7,193 11,914 (72,662) (72,662) 358,443 (72,662) 285,781 624,630 ($82,026) ($146,577) _ ($228,603) $214,912 The column entitled "Commission" represents Commission activity in the City's financial records. The column entitled "Conference Center" represents actual revenue and expenses of the Conference Center, as provided by Doubletree Management. Conference Center opened in April 1995. 10 CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUNDS COMPARATIVE INCOME STATEMENT FOR THE 10 MONTHS ENDING APRIL 30, 1996 TOTALS City Information Mate~'lala Management Utility Line Fleet Systems Control Services Services Management 1996 1995 Operating Revenue Charges for Set, cas $2,180,923 $156,171 $3721620 $2,307,169 $2,396,460 $7,413,343 $7,616,368 Total Operating Revenue 2,180,923 166,171 372,620 2,307,t69 2,396,460 7,413,343 7,616,368 Operating Expenses Personal Services 1,0~9,683 79,144 42,756 1,731,938 958,418 3,911,939 3,921,265 Operating Expenses 267,747 18,248 319,579 388,388 692,220 1,686,182 1,777,354 Depreciation 305,625 1,524 36,742 1E~,380 920,530 1,419,801 1,201,466 Total Operating Expenses 1,673,056 98,916 399,077 2,276,706 2,671,168 7,017,922 6,900,095 Operating Income (Lose) 507,868 57,265 (26,467} 31,463 {174,708) 395,421 716,313 Nonoperating Revenue (Expenses) 30,8~0 (941) 7,466 51,261 z~0,640 1,000,000 111,723 212,600 (114,8,96) (43,165) (212,600) Interest Revenue Transfer from General Fund Transfer from Materials Control Fund Transfer from Management Set,cas Fund Transfer from School Board Transfer to Water Fund Transfer to Civic Center Fund Transfer to Transporation Fund Transfer to City Information Systems Fund Net Nonoperatlng Revenue (Expenses) Net Income (Loss) (275,0(~0) 1,318,440 (371,602) (47,634) (223,739) 152,363 827,928 342,092 $1,826,308 ($314,347) ($73,991) ($192,276) ($22,345) $1,223,349 $1,058,405 129,266 118,656 1,111,723 314,644 212,600 5~,000 20,000 (275,000) (114,8,96) (43,165) (91,206) (267,600) 11 CiTY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED APRIL 30, 1996 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 APRIL 30, 1996. 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 $654,544.33 $17,028,601.42 $11,702,880.48 $6,980,265.27 $6.867.418.81 6,061,534.74 701,970.39 158.648.47 6i604,856.66 7.936.516.33 20,698,754.44 1,791,517.83 1.295.743.95 2~,194,528,32 19.384.002.09 556,703.59 61,430.75 190.044.00 426.090.34 566.567.26 167,217.46 105,020.68 197,469.13 74~769.O1 69,601.50 38,927,365.40 214.352.00 1.727,994.22 37,4!3,723.18 8,856,646.09 380,233.49 178.846.10 135,542.53 423.537.06 418,340.58 93,956.94 34.289.75 20,365.70 107~880.99 2.247.490.96 8,373,064.29 31.787.97 28,425.83 8.376.426.43 8.027.916.24 2,008,767.58 128.996.81 40,075.58 2,097,688.8t 337,775.83 (129,723.74) 101,135.13 141.437.25 (170~O25.86) 248,784.17 183,187.29 41.193.46 61,456.85 162,923.60 212,448.04 1,567,859.75 14,517.54 277,508.15 1,304,869.14 1.524.328.88 1,275,536.92 71,258.16 48.348.57 t,298,446.5t 1.713.014.65 (2,437,431.77) 11,819,327.04 11,943.676.27 (2,561,781.00) (2.768.598.59 424,921.07 568,139.91 674,985.47 3t84075.51 589.652.72 9,466,154.98 4,597,542.33 4,541,678.71 9,522,018.60 9.557.676.33 101,759.42 182,361.32 159.368.11 124,752.63 69.312.63 262,113.74 453.212.80 413.684.87 301,641.67 142.682.19 TOTAL $88,636,519.92 $38,125,501.39 $33,759,334.14 $63,002,687~17 $66,001.576.71 CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED APRIL 30, 1996. THAT SAID FOREGOING: CASH: CASH ON HAND CASHIN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: COMMERClALPAPER REPURCHASE AGREEMENTS U.S. TREASURY NOTES VIRGINIA mM PROGRAM(U.S. SECURITIES) TOTAL DATE: MAY 10, 1995 17i~97133 05 GORDON E. PETERS, TREASURER 12 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 10 MONTHS ENDING APRIL 30, 1996 Revenue Contributions Investment income Gain on Sale of Investments Bond Discount Amortization Total Revenue 1996 $5,502,177 5,394,326 5,819,765 281,853 $16,998,121 1995 $5,350,946 5,028,477 6,416,783 230,116 $17,026,322 Expenses Pension Payments Fees for Professional Services Bond Premium Amortization Administrative Expense Total Expenses Net Income $6,607,665 659,849 241,512 138,484 7,647,510 $9,350~611 $6,110,702 367,921 307,358 145,199 6,931,180 ~-- $10,095~142 13 CITY OF ROANOKE PENSION PLAN BALANCE SHEET APRIL 30, 1996 _Assets Cash Investments: (marketvalue: 1996 $207,760,334 1995 $175,869,566) Due from Other Funds Other Assets Total Assets 1996 $317,893 168,760,235 1,360 18,000 ~_ $1~691097,488 1995 $568,583 155,245,573 2,377 18,000 $155~834~533 ~jabilities 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 $818,674 818,674 158,928,203 9,350,611 168,278,814 $169~097~488_ $621,961 621,961 145,117,430 10,095,142 155,212,572 $166~ XNTHB COUMCXL OF THB CXTY OF ROANOKB, The 3rd day of June, 1996. No. 32975-060396. 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 Government of the exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1995-96 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Community Development Block Grant FY94 (1-28) ........ $ 2,882,889 Community Development Block Grant FY95 (29-56) ....... 3,612,571 Community Development Block Grant FY94 (57) .......... $ 2,882,889 Community Development Block Grant FY95 (58) .......... 3,612,571 1) Demolition 2) Gainsboro Enhancement Rehabilitation 3) L/M Housing Downpayment Assistance 4) Telephone 5) Training and Development 6) Marketing Video 7) Newsletter 8) Self-Help Manual 9) Mini-Grant Hurt (035-093-9320-5108) $( 9,000) (035-093-9320-5109) ( 7,664) (035-093-9320-5216) (5,000) (035-093-9325-2020) (1,950) (035-093-9325-2044) ( 137) (035-093-9325-5014) (1,105) (035-093-9325-5195) ( 578) (035-093-9325-5196) (4,563) Park Neighborhood(035-093-9325-5244) ( 207) 10) Gainsboro Professional Park(035-093-9330-5011) 11) Micro-Business Loan Pool (035-093-9330-5018) (23,118) (15,000) 12) Deanwood Industrial Park Improvements 13) First Street (Henry Street) 14) Shaffers Crossing 15) Small Business Development 16) WVA Revolving Loan Fund 17) Trompeter Brothers - Rehabilitation 18) Gainsboro Curb (035-093-9330-5051) $( 2,267} (035-093-9330-5144) (2,322) (035-093-9330-5145) (6,812) (035-093-9330-5156) ( 462) (035-093-9330-5174) (36,251) (035-093-9330-5266) and Sidewalks (035-093-9337-5019) 19) West End Sidewalks(035-093-9337-5023) 20) West End Center Construction (035-093-9337-5024) 21) Neighborhood Development Grants 22) Belmont Fire Station Center 23) Minority Business Network 24) Stabilize Old First Baptist 25) Expanding Horizons(035-093-9338-5084) 26) Project HOPE (035-093-9338-5088) 27) operation Bootstrap Administration (035-093-9338-5212) 28) Unprogrammed CDBG- (29,554} ( 9,092} (3,154) ( 51) (035-093-9337-5028) (5,833) (035-093-9337-5162) ( 737) (035-093-9337-5165) ( 387) (035-093-9337-5215) (37,825) (7,005) (10,257) ( 7,245) (035-093-9340-5189) (11,243) (035-094-9420-5108) 9,000 (035-094-9420-5109) 7,664 Other 29) Demolition 30) Gainsboro Enhancement Rehabilitation 31) L/M Housing Downpay~ent Assistance 32) Telephoit~ 33) Traini~ and Development 34) Marketing Video 35) Newsletter 36) Self-Help Manual 37) Mini-Grant Hurt (035-094-9420-5216) 5,000 (035-094-9425-2020) 1,950 (035-094-9425-2044) 137 (035-094-9425-5014) 1,105 (035-094-9425-5195) 578 (035-094-9425-5196) 4,563 207 Park Neighborhood(035-094-9425-5244) 38) Gaineboro Professional Park(035-094-9430-5011) 39) Micro-Business Loan Pool (035-094-9430-5018) 40) Deanwood Industrial Park Improvements 23,118 15,000 (035-094-9430-5051) 2,267 41) First Street (Henry Street) 42) Shaffers Crossing 43) Small Business Development 44) WVA Revolving Loan Fund 45) Trompeter Brothers - Rehabilitation 46) Gainsboro curb (035-094-9430-5144) (035-094-9430-5145) (035-094-9430-5156) (035-094-9430-5174) (035-094-9430-5266) and Sidewalks (035-094-9437-5019) 47) West End Sidewalks(035-094-9437-5023) West End Center Construction 49) Neighborhood Development Grants 50) Belmont Fire Station Center 51) Minority Business Network Stabilize Old First Baptist (035-094-9437-5024) (035-094-9437-5028) (035-094-9437-5162) (035-094-9437-5165) (035-094-9437-5215) 52) 53) ~x~anding ~or~ons(035-094-9438-5084) §~) ~ro~ect ~0~ (035-094-9438-5088) 55) Operation Bootstrap Administration (035-094-9438-5212) 56) Unprogrammed CDBG- Other (035-094-9440-5189) 57) CDBG Entitlement 93MC510020 (035-035-1234-9401) 58) CDBG Carryover - 1994 (035-035-1234-9523) $ 2,322 6,812 462 36,251 29,554 9,092 3,154 51 5,833 737 387 37,825 7,005 10,257 7,245 11,243 (238,819) 238,819 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. June 3, 1996 FROM: SUBJECt. Honorable Mayor and Members of City Council James D. Grisso, Director of Finance Closeout of Community Development Block Grant Year (B-93-MC-51-0020) The Community Development Block Grant program is accounted for on the City's financial records by program year. Three years are currently appropriated. HUD allows localities to determine the number of CDBG program years to retain on their records. Reprogramming these funds allows the City to maintain a minimum number of program years on its records. The earliest Community Development Block Grant year (B-93-MC-51-0020) may be closed by reprogramming the unspent funds in this program year to the next subsequent program year, {B-94-MC-51-0020). These unspent funds totaling $238,819 will be appropriated to the same activities for which they are currently appropriated. Recommendations: Transfer unspent funds of $238,819 to Community Development Block Grant year B-94-MC-51-0020 as shown on the accompanying budget ordinance. Close Community Development Block Grant year B-93-MC-51-0020. JDG/ICF/bls Attachments c: Ila Farrls, Senior Accountant Director of Finance ZM THI CO~NCZL OP THI CZTY The 3rd day of June, 1996. No. 32976-060396. VXR~XNXA AN ORDINANCE to amend and reordain certain sections of the 1995-96 General Fund Appropriations, and providing for an emergency. WHEREAS, Government of the exist. Roanoke Appropriations, be, to read as follows, for the usual dally operation of the Municipal City of Roanoke, an emergency is declared to THEREFORE, BE that certain IT ORDAINED by the Council of the City of sections of the 1995-96 General Fund and the same are hereby, amended and reordained in part: General Fund (1-130)... 1) City Information Systems 2) CIS - PC Rental 3) City Information Systems 4) CIS - PC Rental 5) City Information Systems 6) CIS - PC Rental 7) Fleet Management 8) City Information Syste~ 9) CIS - PC Rental 10) City Information System~ 11) CIS - PC Rental 12) City Information Systems 13) CIS - PC Rental 14) Fleet Management 15) City Information Systems 16) CIS - PC Rental 17) Fleet Management 18) City Information Systems 19) CIS - PC Rental (001-001-1110-7005) $( 153) (001-001-1110-7007) ( 21) (001-001-1120-7005) (1,373) (001-001-1120-7007) 478 (001-002-1211-7005) 8,612 (001-002-1211-7007) 997 (001-002-1211-7025) 324 (001-002-1212-7005) (16,983) (001-002-1212-7007) 657 (001-002-1261-7005) (6,477) (001-002-1261-7007) 2,445 (001-002-1262-7005) 4,332 (001-002-1262-7007) 1,276 (001-002-1262-7025) (1,507) (001-002-8120-7005) ( 558) (001-002-8120-7007) 904 (001-002-8120-7025) 1,843 (001-002-8123-7005) ( 548) (001-002-8123-7007) 1,055 $153,066,557 20) City Infor~ation Systems 21) CIS - PC Rental 22) City Infor~ation Systems 23) CIS - PC Rental 24) City Information Systems 25) CIS - PC Rental 26) Fleet Management 27) City Information Systems 28) CIS - PC Rental 29) City Information Systems 30) CIS - PC Rental 31} City Information Systems 32} CIS - PC Rental 33) City Information Systems 34} CIS - PC Rental 35) City Information Systems 36) CIS - PC Rental 37) Fleet Management 38) City Information Systems 39) CIS - PC Rental 40) Fleet Management 41) City Information Systems 42) CIS - PC Rental 43) City Information Systems 44) CIS - PC Rental 45) City Information Systems 46) CIS - PC Rental 47) CIS - PC Rental 48) Fleet Management 49) Fleet Management 50) Fleet Management 51) City Information Systeme 52) Fleet Management 53) Fleet Management 54) City Information Systems 55) CIS - PC Rental 56) Fleet Management 57) Fleet Management 58) Fleet Management 59) Fleet Management 60) City Information Systems 61) CIS - PC Rental (001-003-1220-7005) (001-003-1220-7007) (001-004-1231-7005) (001-004-1231-7007) (001-004-1232-7005) (001-004-1232-7007) (001-004-1232-7025) $( 1,889) 1,464 (89,221) 10,040 (96,114) (3,747) 1,801 (001-005-1240-7005) 914 (001-005-1240-7007) 1,172 (001-010-1310-7005) ( 3,552) (001-010-1310-7007) 533 (001-020-1234-7005) 125,644 (001-020-1234-7007) 1,241 (001-022-1233-7005) 20,946 (001-022-1233-7007) 2,502 (001-023-1235-7005) (001-023-1235-7007) (001-024-2140-7025) ( 7,111) 2,772 ( 4,284) (001-050-3114-7005) (24,806) (001-050-3114-7025) 1,663 (001-050-3115-7025) 357 (001-050-3211-7005) 83 (001-050-3211-7007) 1,050 (001-050-3211-7025) 3,342 (001-050-3212-7025) 848 (001-050-3213-7025) 30,264 (001-050-3214-7025) 399 (001-050-3520-7005) (3,402) (001-050-3520-7007) 509 (001-050-1260-7005) ( 194) (001-050-1260-7007) 152 (001-050-3111-7007) 11,771 (001-050-3111-7025) (2,777) (001-050-3112-7025) 8,831 (001-050-3113-7025) 13,932 (001-028-2111-7005) (19,881) (001-028-2111-7007) 1,303 (001-026-2210-7005) (18,531) (001-026-2210-7007) 1,794 (001-024-3310-7005) 21,900 (001-024-3310-7007) 3,790 (001-024-3310-7025) 1,916 62) Fleet Management 63) City Information Systems 64) CIS - PC Rental 65) Fleet Management 66) Fleet Management 67) City Information Systems 68) CIS - PC Rental 69) Fleet Management 70) City Information Systems 71) CIS - PC Rental 72) Fleet Management 73) City Information Systems 74) CIS - PC Rental 75) Fleet Management 76) City Information Systems 77) CIS - PC Rental 78) Fleet Management 79) Fleet Management 80) City Information Systems 81) CIS - PC Rental 82) Fleet Management 83) City Information Systems 84) CIS - PC Rental 85) Fleet Management 86) Fleet Management 87) Fleet Management 88) City Information Systems 89) CIS - PC Rental 90) Fleet Management 91) City Information Systems 92) CIS - PC Rental 93) Fleet Management 94) City Information Syst~ 95) CIS - PC Rental 96) Fleet Management 97) City Information Systems 98) CIS - PC Rental 99) Fleet Management 100) City Information Systems 101) CIS - PC Rental 102) Fleet Management 103) City Information Systems 104) CIS - PC Rental (001-050-3520-7025) $ 3,121 (001-050-3521-7005) 15,001 (001-050-3521-7007) 1,657 (001-050-3521-7025) 5,309 (001-050-3530-7025) (7,038) (001-050-4130-7005) ( 211) (001-050-4130-7007) 1,293 (001-050-4130-7025) (1,461) (001-052-1280-7005) ( 207) (001-052-1280-7007) 163 (001-052-1280-7025) ( 757} (001-052-3410-7005) (25,264) (001-052-3410-7007) ( 402) (001-052-3410-7025) 4,230 (001-052-4110-7005) 16,036 (001-052-4110-7007) 496 (001-052-4110-7025) 19,409 (001-052-4140-7025) 4,926 (001-052-4160-7005) ( 906) (001-052-4160-7007) 751 (001-052-4160-7025) 5,715 (001-052-4210-7005) (1,634) (001-052-4210-7007) 1,083 (001-052-4210-7025) (77,402) (001-052-4211-7025) 20,827 (001-052-4220-7025) 2,299 (001-052-4310-7005) (1,079) (001-052-4310-7007) 6,000 (001-052-4310-7025) (4,730) (001-052-4330-7005) ( 701) (001-052-4330-7007) 627 (001-052-4330-7025) (18,219) (001-052-4340-7005) 263 (001-052-4340-7007) 1,689 (001-052-4340-7025) (25,997) (001-052-7110-7005) 1,869 (001-052-7110-7007) 3,979 (001-052-7110-7025) 4,059 (001-052-8110-7005) (2,387) (001-052-8110-7007) 1,695 (001-052-8110-7025) 1,134 (001-054-1270-7005) ( 117) (001-054-1270-7007) ( 254) 105) City Information System~ 106) CIS - PC Rental 107) City Information Systems 108) CIS - PC Rental 109) Fleet Management 110) City Information Systems 111) CIS - PC Rental 112) Fleet Management 113) City Information Systems 114) CIS - PC Rental 115) Fleet Management 116) City Information Systems 117) CIS - PC Rental 118) City Information Systems 119) CIS - PC Rental 120) Fleet Management 121) City Information Systems 122) CIS - PC Rental 123) Fleet Management 124) City Information Systems 125) CIS - PC Rental 126) City Information Systems 127) CIS - PC Rental 128) City Information Systems 129) CIS - PC Rental 130) Fleet Management (001-054-2150-7005) $( 306) (001-054-2150-7007) 558 (001-054-3320-7005) ( 32) (001-054-3320-7007) 508 (001-054-3320-7025) 184 (001-054-3350-7005) ( 287) (001-054-3350-7007) 419 (001-054-3350-7025) 226 (001-054-3360-7005) ( 271) (001-054-3360-7007) 718 (001-054-3360-7025) 190 (001-054-5110-7005) ( 355) (001-054-5110-7007) 461 (001-054-5311-7005) (5,673) (001-054-5311-7007) 3,809 (001-054-5314-7025) 5,305 (001-054-7310-7005) (10,327) (001-054-7310-7007) 3,341 (001-054-7310-7025) 2,303 (001-054-8170-7005) ( 153) (001-054-8170-7007} 775 (001-056-1237-7005) 51,233 (001-056-1237-7007) 379 (001-056-1250-7005) ( 164) (001-056-1250-7007) 152 (001-056-1250-7025) ( 585) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. June 3, 1996 FROM: SIJBJF, C~. Honorable Mayor and Members of City Council James D. Orisso, Director of Finance Appropriations Transfer of Internal Service Funds Charges Funds The City of Roanoke's Internal Service Funds account for certain services provided to departments of the General Fund. The Internal Service Funds recover their costs by charging the receiving departments for services provided. Budgeted funds for internal services are allocated in each fiscal year's budget throughout the various departments based on estimated usage. Usage usually varies from the original estimates. Each fiscal year at this time, it is necessary to make appropriation transfers between departments to provide sufficient funds for internal services for the remainder of the fiscal year. These transfers do not increase the overall budget, but only reallocate amounts between departments. The attached budget ordinance will accomplish the required transfers. I recommend it for your approval. JDG/AHA/bls Director of Finance Attachment IN THE COUNCIL OF THE CITY OF ROANOKE, The 3rd day of June, 1996. No. 32977-060396. VIRGINIA AN ORDINANCE to amend and reordain certain sections of the 1995-96 General 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 Appropriations, be, and the same are hereby, to read as follows, in part: 1995-96 General Fund amended and reordained General Fund (1-153) ........................... 1) Life Insurance 2) Life Insurance 3) Long Term Disability 4) Unemployment Wages 5) Life Insurance 6) Long Term Disability~ 7) Long Term Disability 8) Long Term Disability 9) Life Insurance 10) Long Term Disability 11) Life Insurance 12) Long Term Disability (001-001-1110-1130) $( 44) (001-001-1120-1130) 41 (001-001-1120-1132) 81 (001-001-1120-1145) 5,443 (001-002-1211-1130) 205 (001-002-1211-1132) 198 (001-002-1212-1132) 111 (001-002-1261-1132) 255 (001-002-1262-1130) 24 (00~-002-1262-1132) 78 (001-002-8120-1130) ( 263) (001-002-8120-1132) 105 $153,066,557 13) 14) 15) 16) 17) 18) 19) 20) 21) 22' 23 24 25 26 27 28 29) 3O) 31) 32) 33) 34) 35) 36) 37) 38) 39) 4O) 41) 42) Termination Leave Wages Life Insurance Long Term Disability Life Insurance Long Term Disability Unemployment Wages Life Insurance Long Term Disability Unemployment Wages Termination Leave Wages Health Insurance Disability Insurance Unemployment Wages Termination Leave Wages Life Insurance Long Term Disability Long Term Disability Unemployment Wages Long Term Disability Termination Leave Wages Life Insurance Long Term Disability Termination Leave Wages Life Insurance Long Term Disability Unemployment Wages Life Insurance Long Term Disability Termination Leave Wages Long Term Disability 001-002-8120-1150) '001-003-1220-1130) 001-003-1220-1132) 001-004-1231-1130) 001-004-1231-1132) 001-004-1231-1145) 001-004-1232-1130) (001-004-1232-1132) (001-004-1232-1145) (001-004-1232-1150) (001-004-9110-1125) (001-004-9110-1131) (001-004-9110-1145) 001-004-9110-1150) 001-005-1240-1130) 001-005-1240-1132) 001-010-1310-1132) 001-010-1310-1145) 001-020-1234-1132) 001-020-1234-1150) 001-022-1233-1130) (001-022-1233-1132) (001-022-1233-1150) (001-023-1235-1130) (001-023-1235-1132) (001-023-1236-1145) (001-024-2140-1130) (001-024-2140-1132) (001-024-2140-1150) (001-024-3310-1132) $ 11,278 113 192 70 354 479 ( 88) 219 265 3,425 (36,684) (71,597) (35,000) (91,275) 57 105 45 41 219 1,291 18 234 1,396 97 246 844 107 528 935 2,445 43) 44) 45) 46) 47) 48) 49) 50) 51) 52) 53) 54) 55) 56) 57) 58) 59) 6o) 61) 62) 63) 64) 65) 66) 67) 68) 69) 70) 71) 72) 73) 74) Unemployment Wages Termination Leave Wages Life Insurance Long Term Disability Long Term Disability Life Insurance Long Term Disability Long Term Disability Life Insurance Long Term Disability Unemployment Wages Termination Leave Wages Life Insurance Long Term Disability Termination Leave Wages Life Insurance Long Term Disability Termination Leave Wages Life Insurance Long Term Disability Termination Leave Wages Long Term Disability Termination Leave Wages Life Insurance Long Term Disability Life Insurance Long Term Disability Life Insurance Long Term Disability Termination Leave Wages Long Term Disability Life Insurance (001-024-3310-1145) (001-024-3310-1150) (001-026-2210-1130) (001-026-2210-1132) (001-026-2211-1132) (001-028-2111-1130) ~001-028-2111-1132) 001-050-1260-1132) 001-050-3111-1130) 001-050-3111-1132) 001-050-3111-1145) 001-050-3111-1150) 001-050-3112-1130) (001-050-3112-1132) (001-050-3112-1150) (001-050-3113-1130) (001-050-3113-1132) (001-050-3113-1150) (001-050-3114-1130) (001-050-3114-1132) (001-050-3114-1150) (001-050-3115-1132) (001-050-3115-1150) (001-050-3211-1130) (001-050-3211-1132) (001-050-3212-1130) (001-050-3212-1132) (001-050-3213-1130) (001-050-3213-1132) (00i-050-3213-1150) (001-050-3214-1132) (001-050-3520-1130) $ 7,746 9,560 ( 148) 252 15 79 318 63 78 78 2,246 4,271 169 1,026 19,662 ( 234) 2,808 59,472 ( 50) 561 19,186 78 536 ( 116) 114 64 105 409 3,453 8,466 54 22 75) Long Term Disability 76) Life Insurance 77) Long Term Disability 78) Termination Leave Wages 79) Long Term Disability 80) Unemployment Wages 81) Life Insurance 82) Long Term Disability 83) Termination Leave Wages 84) Long Term Disability 85) Life Insurance 86) Long Term Disability 87) Long Term Disability 88) Unemployment Wages 89) Termination Leave Wages 90) Life Insurance 91) Long Term Disability 92) Life Insurance 93) Long Term Disability 94) Unemployment Wages 95) Termination Leave Wages 96) Life Insurance 97) Long Term Disability 98) Termination Leave Wages 99) Life Insurance 100) Long Term Disability 101) Unemployment Wages 102) Termination Leave Wages 103) Life Insurance 104) Long Term Disability (001-050-3520-1132) (001-050-3521-1130) (001-050-3521-1132) (001-050-3521-1150) (001-050-3530-1132) 001-050-3530-1145) 001-050-4130-1130) 001-050-4130-1132) (001-050-4130-1150) (001-052-1280-1132) (001-052-3410-1130) (001-052-3410-1132) (001-052-4110-1132) (001-052-4110-1145) (001-052-4110-1150) (001-052-4160-1130) (001-052-4160-1132) (001-052-4210-1130) (001-052-4210-1132) (001-052-4210-1145) (001-052-4210-1150) (001-052-4211-1130) (001-052-4211-1132) (001-052-4211-1150) (001-052-4220-1130) (001-052-4220-1132) (001-052-4220-1145) (00~-052-4220-1150) (001-052-4310-1130) (001-052-4310-1132) 45 52 555 4,112 99 1,876 183) 681 4,382 63 36 240 459 584 629 33 366 89) 744 367 7,837 56) 150 3,085 35) 276 2,557 1,400 68 465 105) Unemployment Wages 106) Life Insurance 107) Long Term Disability 108) Termination Leave Wages 109) Life Insurance 110) Long Term Disability 111) Unemployment Wages 112) Termination Leave Wages 113) Life Insurance 114) Long Term Disability 115) Unemployment Wages 116) Termination Leave Wages 117) Life Insurance 118) Long Term Disability 119) Unemployment Wages 120) Long Term Disability 121) Life Insurance 122) Long Term Disability 123) Unemployment Wages 124) Termination Leave Wages 125) Life Insurance 126) Long Term Disability 127) Termination Leave Wages 128) Life Insurance 129) Long Term Disability 130) Life Insurance 131) Long Term Disability 132) Termination Leave Wages 133) Life Insurance 134) Long Term Disability 135) Life Insurance 136) Long Term Disability 001-052-4310-1145) 001-052-4330-1130) 001-052-4330-1132) 001-052-4330-1150) 001-052-4340-1130) (001-052-4340-1132) (001-052-4340-1145) (001-052-4340-1150) (001-052-7110-1130) (001-052-7110-1132) (001-052-7110-1145) (001-052-7110-1150) (001-052-8110-1130) (001-052-8110-1132) (001-052-8110-1145) (001-054-1270-1132) (001-054-3320-1130) (001-054-3320-1132) (001-054-3320-1145) (001-054-3320-1150) (001-054-3330-1130) (001-054-3330-1132) (001-054-3330-1150) (001-054-3350-1130) (001-054-3350-1132) (001-054-3360-1130) (001-054-3360-1132) (001-054-3360-1150) (001-054-5311-1130) (00~-054-5311-1132) (001-054-5313-1130) (001-054-5313-1132) $ ( ( ( ( ( ( 293 81) 537 288 177) 1,011 12,949 2,159 59 312 4,237 79 52 306 2,333 63 159) 264 1,471 42 26) 54 7,091 22 159 28) 144 3,606 86 237 157) 1,140 137) Termination Leave Wages 138) Life Insurance 139) Long Term Disability 140) Termination Leave Wages 141) Life Insurance 142) Long Term Disability 143) Life Insurance 144) Long Term Disability 145) Termination Leave Wages 146) Long Term Disability 147) Life Insurance 148) Long Term Disability 149) Termination Leave Wages 150) Long Term Disability 151) Life Insurance 152) Long Term Disability 153) Unemployment Wages (001-054-5313-1150) (001-054-5314-1130) (001-054-5314-1132) (001-054-5314-1150) (001-054-5316-1130) (001-054-5316-1132) (001-054-7310-1130) (001-054-7310-1132) (001-054-7310-1150) 001-054-8170-1132) 001-056-1237-1130) 001-056-1237-1132) (001-056-1237-1150) (001-056-1250-1132) (001-072-2110-1130) (001-072-2110-1132) (001-072-2110-1145) 4,254 49) 1,095 7,841 61 207 24) 657 8,754 21 48) 99 3,918 66 33 105 542 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. June 3, 1996 FROM: SUtMF, C~. Honorable Mayor and Members of City Council James D. Grisso, Director of Finance Transfer of Appropriations for Employee Fringe Benefits The fiscal year 1995-96 General Fund budget included funds in the nondepartmental category for long-term disability insurance and for termination (vacation) leave and unemployment wages. These fringe benefits are budgeted at estimated amounts in the nondepartmental category because annual charges for each department are difficult to project. The actual costs are charged to the applicable department in anticipation of budget transfers to cover the costs. The General Fund budget also included funds in various departments for life insurance. These are budgeted at estimated amounts, and actual costs are charged to each department in anticipation of budget transfers to cover the charges. The attached budget ordinance transfers funds between departments and from the nondepartmental category to the applicable departmental budgets. These transfers do not increase the overall budget, but only reallocate amounts between departments. A summary of the total transfers in the attached budget ordinance is as follows: Long-Term Disability Termination (Vacation) Leave Wages Unemployment Wages Life Insurance Health Insurance 35.000 JDG/AHA/bls Attachment The attached budget ordinance will accomplish the required transfers. I recommend it for your approval. Director of Finance MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.V~, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk June 10, 1996 File ~60-72-110-394 Dr. James C. Sears Executive Director Center In The Square One Market Square, S. E. Roanoke, Virginia 24011 Dear Dr. Sears: I am enclosing copy of Resolution No. 32979-060396 concurring in recommendations of the Cultural Services Committee for allocation of City funds to various nonprofit agencies for fiscal year 1996-97, as more particularly set forth in a report of the Committee under date of June 3, 1996; and further authorizing the Chairperson of the Cultural Services Committee and the Director of Human Development to release funds to Center In The Square, in the amount of $150,000.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 32979-060396 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. pc: Sandra W. Ryals, Chairperson, Cultural Services Committee, 3645 Mudlick Road, S. W., Roanoke, Virginia 24018 MARY E PARKER, CMC/AAE Civy Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 June 10, 1996 File ~60-72-110-394 SANDRA H. EAKIN Deputy City Clerk J. Andre~ Brooks Executive Director Julian Stanley Wise Foundation Tanglewood Mall 4428 Electric Road, S. W. Roanoke, Virginia 24014 Dear Ms. Brooks: I am enclosing copy of Resolution No. 32979-060396 concurring in recommendations of the Cultural Services Committee for allocation of City funds to various nonprofit agencies for fiscal year 1996-97, as more particularly sat forth in a report of the Committee under date of June 3, 1996; and further authorizing the Chairperson of the Cultural Services Committee and the Director of Human Development to release funds to the Julian Stanley Wise Foundation, in the amount of $800.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 32979-060396 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. Sar, Ira W. Ryals, Chairperson, Cultural Services Committee, 3645 Mudlick Road, S. W., Roanoke, Virginia 24018 MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.V~, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk June 10, 1996 File ;~60-72-110-394 Susan W. Jennings, Executive Director Arts Council of the Blue Ridge 20 E. Church Avenue Roanoke, Virginia 24011 Dear Ms. Jennings: I am enclosing copy of Resolution No. 32979-060396 concurring in recommendations of the Cultural Services Committee for allocation of City funds to various nonprofit agencies for fiscal year 1996-97, as more particularly set forth in a report of the Committee under date of June 3, 1996; and further authorizing the Chairperson of the Cultural Services Committee and the Director of Human Development to release funds to the Arts Council of the Blue Ridge, in the amount of $4,125.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 32979-060396 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. pc: Sandra W. Ryals, Chairperson, Cultural Services Committee, 3645 Mudlick Road, S. W., Roanoke, Virginia 24018 MARY F. PAPYri. R, C~4C/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke. Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk June 10, 1996 File ~60-72-110-394 Dr. Joanne Kuebler Executive Director Art Museum of Western Virginia One Market Square, S. E. Roanoke, Virginia 24011 Dear Dr. Kuebler: I am enclosing copy of Resolution No. 32979-060396 concurring in recommendations of the Cultural Services Committee for allocation of City funds to various nonprofit agencies for fiscal year 1996-97, as more particularly set forth in a report of the Committee under date of June 3, 1996; and further authorizing the Chairperson of the Cultural Services Committee and the Director of Human Development to release funds to the Art Museum of Western Virginia, in the amount of $4,000.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 32979-060396 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. Sandra W. Ryals, Chairperson, Cultural Services Committee, 3645 Mudlick Road, S. W., Roanoke, Virginia 24018 MARY E 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: (540) 981-2541 Fax: (540) 224-3145 June 10, 1996 File ~60-72-110.-394 SANDRA H. EAKIN Deputy City Clerk Larry Dyer General Manager Blue Ridge Public Television P. O. Box 13246 Roanoke, Virginia 24032 Dear Mr. Dyer: I am enclosing copy of Resolution No. 32979-060396 concurring in recommendations of the Cultural Services Committee for allocation of City funds to various nonprofit agencies for fiscal year 1996-97, as more particularly set forth in a report of the Committee under date of June 3, 1996; and further authorizing the Chairperson of the Cultural Services Committee and the Director of Human Development to release funds to Blue Ridge Public Television, in the amount of $3,000.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 32979-060396 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincaraly, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. pc: Sandra W. Ryals, Chairperson, Cultural Services Committee, 3645 Mudlick Road, S. W., Roanoke, Virginia 24018 MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKF OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 June 10,1996 File f~60-72-110-394 SANDRA H. EAK/N Deputy City Clerk Aletha Bolden Executive Director Harrison Museum of African American Culture 523 Harrison Avenue, N. W. Roanoke, Virginia 24016 Dear Ms. Bolden: I am enclosing copy of Resolution No. 32979-060396 concurring in recommendations of the Cultural Services Committee for allocation of City funds to various nonprofit agencies for fiscal year 1996-97, as more particularly set forth in a report of the Committee under date of June 3, 1996; and further authorizing the Chairperson of the Cultural Services Committee and the Director of Human Development to release funds to Harrison Museum of African American Culture, in the amount of $85,000.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 32979-060396 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. pc: Sandre W. Ryals, Chairperson, Cultural Services Committee, 3645 Mudlick Road, S. W., Roanoke, Virginia 24018 MARY E 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: (540) 981-2541 Fax: (540) 224-3145 June 10,1996 File ft60-72-110-394 SANDRA H. EAKIN Depuvff City Clerk James L. Ayers Business Manager Mill Mountain Playhouse Co. One Market Square, S. E. Roanoke, Virginia 24011 Dear Mr. Ayers: I am enclosing copy of Resolution No. 32979-060396 concurring in recommendations of the Cultural Services Committee for allocation of City funds to various nonprofit agencies for fiscal year 1996-97, as more particularly set forth in a report of the Committee under date of June 3, 1996; and further authorizing the Chairperson of the Cultural Services Committee and the Director of Human Development to release funds to Mill Mountain Playhouse Co., in the amount of $4,200.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 32979-060396 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely, Sendra H. Eakin Deputy City Clerk SHE:sm Enc. Sandra W. Ryals, Chairperson, Cultural Services Committee, 3645 Mudlick Road, S. W., Roanoke, Virginia 24018 MARY E 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: (540) 981-2541 Fax: (540) 224-3145 June 10, 1996 File tt60-72-110-394 SANDRA H. EAKIN Deputy City Clerk Bobble M. Slough Managing Director Opera Roanoke P. O. Box 1014 Roanoke, Virginia 24005 Dear Ms. Slough: I am enclosing copy of Resolution No. 32979-060396 concurring in recommendations of the Cultural Services Committee for allocation of City funds to various nonprofit agencies for fiscal year 1996-97, as more particularly set forth in a report of the Committee under date of June 3, 1996; and further authorizing the Chairperson of the Cultural Services Committee and the Director of Human Development to release funds to Opera Roanoke, in the amount of $2,750.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 32979-060396 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. pc: Sandra W. Ryals, Chairperson, Cultural Services Committee, 3645 Mudlick Road, S. W., Roanoke, Virginia 24018 MARY E PAgKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 June 10,1996 File ;~60-72-110-394 SANDRA H. EAKIN Deputy City Clerk Patricia L. Avise Executive Director Roanoke Symphony Orchestra and Roanoke Valley Choral Society 541 Luck Avenue, S. W., Suite 200 Roanoke, Virginia 24016 Dear Ms. Avise: I am enclosing copy of Resolution No. 32979-060396 concurring in recommendations of the Cultural Services Committee for allocation of City funds to various nonprofit agencies for fiscal year 1996-97, as more particularly set forth in a report of the Committee under date of June 3, 1996; and further authorizing the Chairperson of the Cultural Services Committee and the Director of Human Development to release funds to Roanoke Symphony Orchestra and Roanoke Valley Choral Society, in the amount of $7,100.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 32979-060396 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincaraly, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. Sandra W. Ryals, Chairperson, Cultural Services Committee, 3645 Mudlick Road, S. W., Roanoke, Virginia 24018 MARY F. PARKER, CMC/AAE Cie/Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 June 10, 1996 File f~60-72-110-394 SANDRA H. EAKIN Deputy City Clerk Dr. Robert F. Roth, President Roanoke Valley Sister Cities International 5011 Balsam Drive, S. W. Roanoke, Virginia 24018 Dear Dr. Roth: I am enclosing copy of Resolution No. 32979-060396 concurring in recommendations of the Cultural Services Committee for allocation of City funds to various nonprofit agencies for fiscal year 1996-97, as more particularly set forth in a report of the Committee under date of June 3, 1996; and further authorizing the Chairperson of the Cultural Services Committee and the Director of Human Development to release funds to Roanoke Valley Sister Cities International, in the amount of $10,000.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 32979-060396 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. pc: Sandra W. Ryals, Chairperson, Cultural Services Committee, 3645 Mudlick Road, S. W., Roanoke, Virginia 24018 MARY E 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: (540) 981-2541 Fax: (540) 224-3145 June 10, 1996 File ~60-72-110-394 SANDRA H. EAKIN Deputy City Clerk Richard Loveland Executive Director Roanoke Valley Historical Society One Market Square, S. E. Roanoke, Virginia 24011 Dear Mr. Loveland: I am enclosing copy of Resolution No. 32979-060396 concurring in recommendations of the Cultural Services Committee for allocation of City funds to various nonprofit agencies for fiscal year 1996-97, as more particularly set forth in a report of the Committee under date of June 3, 1996; and further authorizing the Chairperson of the Cultural Services Committee and the Director of Human Development to release funds to Roanoke Valley Historical Society, in the amount of $1,500.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 32979-060396 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. Sandra W. Ryals, Chairperson, Cultural Services Committee, 3645 Mudlick Road, S. W., Roanoke, Virginia 24018 MARY 1r. 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: (540) 981-2541 Fax: (540) 224-3145 June 10, 1996 File f~o0-72-110-394 SANDRA H. EAKIN Deputy City Clerk Kenneth J. Schutz Executive Director Science Museum of Western Virginia One Market Square, S. E. Roanoke, Virginia 24011 Dear Mr. Schutz: I am enclosing copy of Resolution No. 32979-060396 concurring in recommendations of the Cultural Services Committee for allocation of City funds to various nonprofit agencies for fiscal year 1996-97, as more particularly set forth in a report of the Committee under date of June 3, 1996; and further authorizing the Chairperson of the Cultural Services Committee and the Director of Human Development to release funds to the Science Museum of Western Virginia, in the amount of $5,500.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 32979-060396 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. Sandre W. Ryals, Chairperson, Cultural Services Committee, 3645 Mudlick 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 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 June 10, 1996 File ~60-72-110-394 SANDRA H. EAKIN Deputy City Clerk Peter R. Lampman, President Virginia Amateur Sports, Inc. 305 First Street, S. W. Roanoke, Virginia 24011 Dear Mr. Lampman: I am enclosing copy of Resolution No. 32979-060396 concurring in recommendations of the Cultural Services Committee for allocation of City funds to various nonprofit agencies for fiscal year 1996-97, as more particularly set forth in a report of the Committee under date of June 3, 1996; and further authorizing the Chairperson of the Cultural Services Committee and the Director of Human Development to release funds to Virginia Amateur Sports, Inc., in the amount of $40,000.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 32979-060396 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. pc: Sandra W. Ryals, Chairperson, Cultural Services Committee, 3645 Mudlick Road, $. 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: (540) 981-2541 Fax: (540) 224-3145 June 10,1996 File ~ffi0-72-110-394 SANDRA H. EAKIN Deputy City Clerk M. Rupert Cutler Executive Director Virginia's Explore Park P. O. Box 8508 Roanoke, Virginia 24014-8508 Dear Mr. Cutler: I am enclosing copy of Resolution No. 32979-060396 concurring in recommendations of the Cultural Services Committee for allocation of City funds to various nonprofit agencies for risc, al year 1996-97, as more particularly set forth in a report of the Committee under date of June 3, 1996; and further authorizing the Chairperson of the Cultural Services Committee and the Director of Human Development to release funds to Virginia's Explore Park, in the amount of $27,000.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 32979-060396 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Eno. Sandra W. Ryals, Chairperson, Cultural Services Committee, 3645 Mudlick 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 Roanoke. Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 June 10, 1996 File ~tt60-72-110-394 SANDRA H. EAKIN Deputy City Clerk Katherine F. Houck Executive Director The Virginia Museum of Transportation, Inc. 303 Norfolk Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Houck: I am enclosing copy of Resolution No. 32979-060396 concurring in recommendations of the Cultural Services Committee for allocation of City funds to various nonprofit agencies for fiscal year 1996-97, as more particularly set forth in a report of the Committee under date of June 3, 1996; and further authorizing the Chairperson of the Cultural Services Committee and the Director of Human Development to release funds to the Virginia Museum of Transportation, Inc., in the amount of $77,000.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 32979-060396 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. Sandra W. Ryals, Chairperson, Cultural Services Committee, 3645 Mudlick Road, S. W., Roanoke, Virginia 24018 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chumh Avenue, S.W., Room 456 R~anoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 June 10, 1996 File ~60-72-110-394 SANDRA H. EAKIN Deputy City Clerk Beth Poff, Executive Director Blue Ridge Zoological Society of Virginia, Inc. P. O. Box 13484 Roanoke, Virginia 24034 Dear Ms. Poff: I am enclosing copy of Resolution No. 32979-060396 concurring in recommendations of the Cultural Services Committee for allocation of City funds to various nonprofit agencies for fiscal year 1996-97, as more particularly set forth in a report of the Committee under date of June 3, 1996; and further authorizing the Chairperson of the Cultural Services Committee and the Director of Human Development to release funds to Blue Ridge Zoological Society, Inc., in the amount of $6,378.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 32979-060396 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. Sandra W. Ryals, Chairperson, Cultural Services Committee, 3645 Mudlick Road, S. W., Roanoke, Virginia 24018 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of June, 1996. No. 32979-060396. A RESOLUTION concurring in the recommendations of the Cultural Services Committee for allocation of City funds to various nonprofit agencies for Fiscal Year 1996-1997. WHEREAS, the Fiscal Year 1996-97 budget approved by City Council for the Cultural Services Committee provides for funding in the amount of $428,353.00; and WHEREAS, in order to obtain an allocation for such funds, it was necessary for agencies to file applications with the Cultural Services Committee; and WHEREAS, 17 requests for City funds in the total amount of $562,773.00 were received by the Cultural Services Committee from various agencies; and WHEREAS, after studying each application and holding a public hearing, the Committee has recommended allocation of funding to the applicant agencies for Fiscal Year 1996-1997; and WHEREAS, performance audits are to be conducted for each agency receiving funds through the Committee to evaluate the effectiveness and efficiency of funded programs; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council concurs in the recommendations of the Cultural Services Committee as to the allocations for funding of various nonprofit agencies for Fiscal Year 1996-1997 as more particularly set forth in the attachment to the Committee Report submitted to this Council, dated June 3, 1996. 2. The Chairman of the Cultural Services Committee and the Director of Human Development are authorized to release funds to the appropriate agency, provided that objectives, activities, and other reassurances have been submitted and accepted. ATTEST: City Clerk. ZN TH~ OOUNCZL OP ~1~ OZTY OP ROANOKE, The 3rd day of June, 1996. No. 32978-060396. VIRGINI~ 1996-97 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 1996-97 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Health and Welfare Cultural Services Committee (1-17) ................ (001-054-5221-3700) (001-054-5221-3701) (001-054-5221-3703) (001-054-5221-3706) (001-054-5221-3713) 1) Subsidies 2) Mill Mountain Zoo 3) WBEA TV 4) Center in the Square 5) Harrison Cultural Center 6) Virginia (001-054-5221-3714) (001-054-5221-3719) (001-054-5221-3736) (001-054-5221-3737) Transportation Museu~ 7) Virginia Amateur Sports, Inc. 8) Roanoke Symphony Society 9) Roanoke Valley Art Council $(428,353) 6,378 3,000 150,000 85,000 77,000 40,000 7,100 4,125 $ 19,911,730 428,353 10) Mill Mountain Theatre 11) Roanoke Museum of Fine Art 12) Roanoke Sister cities 13) Ex~lore Park 14) Opera Roanoke 15) Science Museum of Western Virginia 16) Roanoke Valley Historical Society 17) Julian Stanley Wise Foundation (001-054-5221-3749) $ 4,200 (001-054-5221-3750) 4,000 (001-054-5221-3753) 10,000 (001-054-5221-3758) 27,000 (001-054-5221-3762) 2,750 (001-054-5221-3774) 5,500 (001-054-5221-3776) 1,500 (001-054-5221-3777) 800 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. June 3, 1996 Report #96-546 Honorable Mayor and City Council Roanoke, Virginia Members of Council: SUBJECT: RECOMMENDATIONS FROM CULTURAL SERVICES COMMITTEE FOR FUNDING OF QUALIFIED AGENCIES I. BACKGROUND The Cultural Services Committe~ budget was established by City Council, Ordinance #,32920-051396 by which the General Fund Budget for Fiscal Year 1996 - 1997 was adopted May 13, 1996. Requests from 17 agencies were received for $562,773. Individual study of each application was made by Committee members, and a public hearing was held March 8, 1996, to consider the requests and hear applicants. Agencies were notified of tentative recommendations and advised they could Committee's tentative recommendations. allocation appeal the II. CURRENT SITUATION The budget for Fiscal Year 1996 1997, approved by City Council for the Cultural Services Committee, provides for funds available for allocation in Fiscal Year 1996-1997 in the amount of $428~353. Agencies are requested to submit a budget by objective and activity when applying for funds through the Cultural Services Committee. Agencies are requested to submit a plan of objectives and activities to be accomplished with City funding. Regional agencies are required to apply for funding from other localities. (Attachment B). III. A. GDR/gr Attached schedule shows recommended fundinq for allocation to the various agencies. Most aqencies are funded for less than their request. Recommended fundinq amounts reflect the best judgment of the Committee in serving the citizens of the City of Roanoke through these programs. Committee deliberations are contained in minutes of meetings on file with the City Clerk. Appeals of Committee recommendations, as provided by Council policy, were received after notification to each agency of its tentative recommended allocation. One (1) appeal was filed and was heard May 14, 1996. VIRGINIA'S EXPLORE PARK requested an appeal to ask the committee to reconsider their decision. After careful deliberation, the Cultural Services Committee allocated an additional $2,000 to the Explore Park. RECOMMENDATIONS City Council concur with the funding of agencies in the amounts recommended as indicated on the attached schedule (Attachment A). City Council authorize the Director of Human Development to process payment of funds to agencies after objectives, activities, and/or other reasonable requests of the monitoring staff are submitted and accepted. Transfer 428~353 from the Cultural Services Committee account #001-054-5221-3700, to new line items to be established within the Cultural Services Committee budget by the Director of Finance. Respectfully submitted, Glenn D. Radcliffe, Liaison CULTURAL SERVICES COMMITTEE Sandra Ryals, Chairperson Frances Keen, Vice Chairman Beverly James Augusta Farrier William Lee Catherine Fox George Kegley Attachments cc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Diane Akers, Budget Administrator 0 0 o O~ (OO,Q 0 ¢) n' 0 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of June, 1996. No. 32980-060396. AN ORDINANCE establishing the annual salaries of the Mayor, Vice-Mayor and Council Members for the fiscal year beginning July 1, 1996; and providing for an emergency and an effective date. WHEREAS, S14.1-47.2, Code of Virginia (1950), as amended, authorizes this Council, notwithstanding any contrary provision of law, general or special, to set annual salaries by ordinance for the Mayor, Vice-Mayor and each member of Council within certain limits, and this Council is desirous of exercising this authority. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. For the fiscal year beginning July 1, 1996, and ending June 30, 1997, and for succeeding fiscal years unless modified by action of this Council, the annual salaries of the Mayor, Vice- Mayor and each members of Council shall be as follows: Mayor - Vice-Mayor and Council Members $ 18,000.00 $ 14,000.00 2. This ordinance shall remain in effect until amended or repealed by ordinance duly adopted by City 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 on and after July 1, 1996. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, The 13th day of May, 1996. No. 32935-051396. VIRGINIA, AN ORDINANCE establishing the annual salaries of the Mayor, Vice-Mayor and Council Members for the fiscal year beginning July 1, 1996; and providing for an emergency and an effective date. WHEREAS, S14.1-47.2, Code of Virginia (1950), as amended, authorizes this Council, notwithstanding any contrary provision of law, general or special, to set annual salaries by ordinance for the Mayor, Vice-Mayor and each member of Council within certain limits, and this Council THEREFORE, BE IT Roanoke as follows: 1. For the fiscal year beginning July 1, is desirous of exercising this authority. ORDAINED by the Council of the City of 1996, and ending June 30, 1997, and for succeeding fiscal years unless modified by action of this Council, the annual salaries of the Mayor, Vice- Mayor and each members of Council shall be as follows: Mayor Vice-Mayor and Council Members $ 18,000.00 $ 14,000.00 2. This ordinance shall remain in effect until amended or repealed by ordinance duly adopted by City 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 on and after July 1, 1996. 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk June 10, 1996 File #5-106-322 Elmer C. Hodge County Administrator County of Roanoke P. O. Box 29800 Roanoke, Virginia 24018-0798 Dear Mr. Hodge: I am enclosing copy of Ordinance No. 32951-060396 authorizing an agreement with other regional governments to effectuate regional enforcement of vehicle decal ordinances. Ordinance No. 32951-060396 was adopted by the Council of the City of Roanoke on first reading on Monday, May 20, 1996, also adopted by the Council on second reading on Monday, June 3, 1996, and such agreement shall be effective no later than July 1,, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKF OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 lax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk June 10, 1996 File #5-106-322 Randolph M. Smith City Manager City of Salem P. O. Box 869 Salem, Virginia 24153 Dear Mr. Smith: I am enclosing copy of Ordinance No. 32951-060396 authorizing an agreement with other regional governments to effectuate regional enforcement of vehicle decal ordinances. Ordinance No. 32951-060396 was adopted by the Council of the City of Roanoke on first reading on Monday, May 20, 1996, also adopted by the Council on second reading on Monday, June 3, 1996, and such agreement shall be effective no later than July 1,, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. Deputy Ci~ June 10, 1996 File #5-106-322 B. Clayton Goodman, III Town Manager Town of Vinton P. O. Box 338 Vinton, Virginia 24179 Dear Mr. Goodman: I am enclosing copy of Ordinance No. 32951-060395 authorizing an agreement with other regional governments to effectuate regional enforcement of vehicle decal ordinances. Ordinance No. 32951-060396 was adopted by the Council of the City of Roanoke on first reading on Monday, May 20, 1996, also adopted by the Council on second reading on Monday, June 3, 1996, and such agreement shall be effective no later than July 1, 1995. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm EriC. MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk June 10, 1996 File #5-106-322 Macon C. Sammons, Jr. County Administrator Franklin County 108 East Court Street Rocky Mount, Virginia 24151 Dear Mr. Sammons: I am enclosing copy of Ordinance No. 32951-060396 authorizing an agreement with other regional governments to effectuate regional enforcement of vehicle decal ordinances. Ordinance No. 32951-060396 was adopted by the Council of the City of Roanoke on first reading on Monday, May 20, 1996, also adopted by the Council on second reading on Monday, June 3, 1996, and such agreement shall be effective no later than July 1, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKF, OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk June 10, 1996 File ~5-106-322 Gerald A. Burgess County Administrator Botetourt County One West Main Street, Box One Fincastle, Virginia 24090 Dear Mr. Burgess: I am enclosing copy of Ordinance No. 32961-060396 authorizing an agreement with other regional govemmants to effectuate regional enforcement of vehicle decal ordinances. Ordinance No. 32961-060396 was adopted by the Council of the City of Roanoke on first reading on Monday, May 20, 1996, also adopted by the Council on second reading on Monday, June 3, 1996, and such agreement shall be effective no later than July 1, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. IN TH]E COUNCIL OF THE CITY OF ROANOKE, VIRGINIA. The 3rd day of June, 1996. No. 32951-060396. AN ORDINANCE authorizing an agreement with other regional governments to effectuate regional enforcement of vehicle decal ordinances. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the Assistant City Manager are hereby authorized, on behalf of the City to execute, and the City Clerk is authorized to attest, a Regional Compact Agreement, with any other local governments which authorize such compact providing for reciprocal enforcement of vehicle license decal requirements. 2. Such Regional Compact Agreement which shall be effective not later than July l, 1996, shall provide that each jurisdiction shall enforce the vehicle decal requirements of the other member jurisdictions and shall contain such othe~ terms and conditions as may be agreed upon by the parties. 3. The form of the agreement shall be approved by the City Attorney. ATTEST: City Clerk. May 20, 1996 Council Report #96-402 Honorable David A. Bowers, Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Expansion of Regional Enforcement of Decal Ordinance I. Background: The Vir~,inia General Assembly during its 1993 Session amended Section 46.2- 752, Code of Virginia, to permit formation of regional compacts for reciprocal enforcement of vehicle license decal requirements. The Director of Public Safety, Police Chief, Commissioner of Revenue, and City Treasurer, working with their counterparts from Roanoke County, City of Salem, and Town of Vinton, with the assistance of corresponding legal offices, have developed a proposed regional compact. C. April 11, 1994 Council added Section 20-33.2 authorizing this agreement. (attached) March 14, 1996 a meeting of current participants and representatives from Bedford, Botetourt, and Franklin Counties discussed results of the agreement for the prior year and invited counties to join the regional compact. Montgomery and Craig Counties were invited by letter to become members of the agreement. E. City Council was informed of this effort by Mr. Snead's letter of April 3, 1996. (attached) II. Current Situation: Participants in the present agreement consider the first full year's results to be beneficial in increasing decals sold and related revenues, including personal property taxes. The Counties of Botetourt and Franklin have approved or are in process of approving inclusion in the regional decal enforcement compact. C. Decal Enforcement is performed as a segment of routine motor vehicle stops for other driving or regulatory infractions. Mayor and Members of Council Re: Decal Enforcement Page 2 D. ~ may, in the future, desire to participate the regional enforcement compact. III. Issues: A. Legality B. Effective enforcement C. Equity IV. Alternatives: Authorize the City Mananer. on behalf of the Ci _ty. to enter into a compact with any other locality which authorizes such compact and enact the companion ordinances necessary for enforcement of the regional compact enabling police officers in the City of Roanoke to enforce ordinances of compact members and vice versa. Such compact shall be effective July 1, 1996. 1. Legal issue would be resolved. Effectiveness of law enforcement would be enhanced since officers of each jurisdiction would have extended jurisdictional boundaries for the purpose of enforcing decal ordinances. Equity would be increased since persons who attempt to avoid purchase of decals or payment of personal property taxes would be more likely to pay their share since the jurisdiction issuing the summons would receive the fine and cost penalties and the home jurisdiction would collect the decal cost and related local taxes prior to court disposition of charges. B. Do not revise the regional compact to include the additional jurisdictions. 1. Legal reauirements would be unchanged concerning the additional jurisdictions. 2. Effectiveness of enforcement would not change for participating jurisdictions. 3. Equity of enforcement and share of financial responsibility would not be achieved in the additional jurisdictions. Mayor and Members of Council Re: Decal Enforcement Page 3 V. Recommendation is that Alternative A be enacted and the appropriate ordinances and authorizations enabling enforcement of the expanded compact. Respectfully submitted, W. Robert Herbert City Manager WRH/MDHJsa cc: City Attorney Finance Director Director of Public Safety Police Chief Commissioner of Revenue Treasurer Assistant County Administrator, Roanoke CITY OF ROANOKE OFFICE OF THE CITY CLERK 21 ~ Church Avenue, $.W., Room 456 Roanoke, VirlJnia ~4011 Telephone: (703) 981-2~41 REVISED SANDRA II, EAKIN April 13, 1994 File #24-34-106-163-175 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31943-041194 amending and reordainlng the Code of the City of Roanoke (1979), am emended, by enacting a new Section 20-33.2, Same ~Requlraments for operation{ obtnlnlnj~ }!~r~Ne plate, ta{~ or decal a condition Dr~,~,.ment to discharj~e of violation of Chapter 20, Motor Vehicles, to provide authorization for regional enforcement of vehicle decal ordinances and authorizing an agreement with other regional governments to effectuate such enforcement, effective June 1, 1994. Ordinance No. 31943-041194 was adopted by the Council of the City of Roanoke on flrat reading on Monday, April 4, 1994, also adopted by the Council on second reading on Monday, April 11, 1994. Mary F. Parker, CMCIAAE City Clerk MFP: sm Eno. pc: Elmer C.'Hod~,'. County'Administrator; County of Roanoke, P. O. 29800, Roanoke, Virgila 24018-0798 Randolph M. Smith,. City Mnnagor, City of Salem, P. O. Box 869, Salem, Virginia 241S3 :.. ' B. ChYton Goodmen, ill,.Town Mmnmpr, ToWn of Vlnton, P. O. Box 338, Vlnton, Vlr~tnh 24179 The Honor~bl® Kenneth !~, Trabue, Chief Judgo, Circuit Court The Hon0rabl® O, O, Clemen-, Judge, Circuit Court IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of April, 1994. No. 31943-041194. AN O~DINANCE amending and reordaining the Code of the City o~ Roanoke (1979), as amended, by enacting a new ~20-33.2, Same Regui£ements for operation/ obtaining license piate~ tag or decal a condition precedent to discharge of violation of Chapter 20, Motor Vehiclest to provide authorization for regional enforcement of vehicle decal ordinances and authorizing an agreement with other regional govarnments to effectuate such enforcement. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Tha Coda of the City of Roanoke (1979), as amended, ts hereby amended and raordalnad by the addition of the followin~ new S20-33.2, Sams - Requirements for operation; obtaining license plate, tag or decal a condition precedent to discharge of violation of Chapter 20, Motor Vahicles~ Sec. 20-33.2 Same - Requirements for operation; obtaining license platet tag or dacal· condition president tn discharge o£ violation (a) (b) It shall be unlawful for any person to operate a motor JUrlldlction which is a party to a ragional enforcement compact with the City, on any streat, highway, road or other travelled way in the City unlass a valid local license decal issued by the appropriate situs Jurisdiction of such vahicle Is displayad thereon as required by the le~ of such situs locality. The fact that the current license tax of the situs Jurisdiction hal been p&ld on such vehicle shall not bar prosecution for a violation of this section. Any violation of this section may not be discharged by payment of a ~ine except upon presantation of satisfactory evidence that the required license plate, tag or decal herein requited has been obtained. Any ELna paid under this section shall be deposited to the credit of the general fund o[ the City of Roanoke, and no accounting need be made thereof to the situs Jurisdiction of such vehicle. 2. The City Manager and the Clerk are hereby authorized to execute and attest, respectively, an agreement with the County of Roanoke, City of Salem and Town of Vinton, to provide for enforcement of the local motor vehicle license requirements of such S46.2-?52(K), Code of Virginia, other localities pursuant to (tgs0), as amended. 3. This ordinance shall 1994. be effective on and after June l, ATTEST: City Clerk. Detector of Public Safely April 3, 1996 The Honorable David A. Rove£s, Mayor and Members of City Council Roanoke, Vl~ginl· Deer Mayor Bovera and Members of City Council= SUBJECT= No~°r Vehicle Decali/S&les and Enforcement The City Manager has asked that I provide you ~tth a status report on our,Regional Motor Vehicle Decal Compact. In April of 1994, City CounCil &~thorlzed the City of Roanoke to enter taro a regional compact ~ith Roanoke County, City of Salem, and To~n of Vinton for reciprocal enforcement of vehicle license decal requirements. The regional decal comp·ct h·a worked well foe all ~uriadictions involved. Actual decals sold in each locality have increased. Attached ia the decal enforcement efforts of the Roanoke City Police Department over the lest three ye·rs. Through a team effort o[ the Commissioner of the Revenue, Treasurer# Police Dapartment~ and o~hers~ Roanoke City decals sold increased by 7% from 1994 to 199S. I believe this increase is due to the following spacl[lc activitiae~ e Conuaitment by the Commie·loner of the Revenue ~o use eli inform·lion available In the ·amassment of aZ[ vehiciel tn a fat~ ·nd consistent m·nner S Regional Notor Vehicle Decal compact which improved en£orcement die o~ parking tickets by Roanoke City Police Department to address parked vehicles with no c~rent City decal. e · !1l CoUlilliOna~ and Treasurer's satellite office al BMr o££ices et Croslroads ~alI~ which has improved convenience tn gettlng a decal. The sale of[ approximately $,500 more decals has generated /.:~'~,~i~._.. Sit0,000 ($20.00 per decal) but mo~e significantly t~ has .'~ ~' ~'~ genera[ed hundreds of [housands of dollars tn personal p~ope /' ~axe. on those vehicles. ~ ~i,~ ~9~6 Room 3S4 M~ct~ B~I~ 2tS C~ch Av~, S.W., ~o~okl, Vir~a 2401 ~-1584 (540~ 981.23~6 Honorable David A. Bowers, Mayor and Members of City Councl! April 3, 1996 Page 2 I believe this Is a very positive story of teamwork within the City aad regional cooperation in the Roanoke Valley. During a Regional Compact Team work session Last week, we offered Botetourt, Franklin and Bedford Counties as well as Hontgomer¥ and Craig Counties an opportunity to ~oln our Regional Decal Enforcement compact. As soon as these ~urlsdlcttons decide whether to participate, we will report back to City CouncL1. If ! may answer any questions about the Regional Compact, please call me. Respectfully, George C. Snead Director of Public Safety GCS:afm , Attachment cc: W. Robert Me=bert, City Manager Jamea D. G=lsso, Director of Finance Mary P. Pa=kef, City Clerk Ma=she C. Fielder, Co,missioner of the Revenue Gordon E. Paters, City Treasurer M. David Hoopar, Chief of Police Don Myers, AsslstanC Roanoke County Administrator MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk June 10, 1996 File #51 Mr. Lawrence H. Logan, Sr. 6830 Wood Haven Road, N. W. Roanoke, Virginia 24019 Dear Mr. Logan: I am enclosing copy of Ordinance No. 32953-060396 rezoning a certain tract of land located at 701 Salem Avenue, S. W., identified as Official Tax No. 1111118, from LM, Light Manufacturing District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioner. Ordinance No. 32953-060396 was adopted by the Council of the City of Roanoke on first reading on Monday, May 20, 1996, also adopted by the Council on second reading on Monday, June 3, 1996, and will be in full force and effect ten days following the date of its second reading. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. Mr. L~wrence H. Logan, Sr. June 10, 1996 Page 2 pc: Mr. and Mrs. Lawrence Taylor, 5121 Meadow Valley Circle, S. W., Roanoke Virginia 24018 Concrete Ready Mixed Corp., P. O. Box 12462, Roanoke, Virginia 24025 Ms. Rita A. Wygal, 829 Hillcrest Drive, Salem, Virginia 24153 APCo, P. O. Box 2021, Roanoke, Virginia 24022 Mr. Forrest S. Williams, 4001 Winding Way Road, S. W., Roanoke, Virginia 240' Mr. and Mrs. Oscar T. Gibson, Jr., 2005 Springfield Ddve, N. W., Roanoke, Virgini~ 24012 Ms. Joel Richert, 415 Allison Avenue, S. W., Roanoke, Virginia 24016 Mr. Wayne Meadows and Mr. Chris Muse, 617 Sixth Street, S. W., Roanoke, Virginia 24016 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, The 3rd day of June, 1996. No. 32953-060396. VIRGINIA, AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 111, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, Lawrence H. Logan, Sr., has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Neighborhood Commercial District, proffered by the applicant; and WHEREAS, the City Planning proper notice to all concerned as Manufacturing District, to CN, subject to certain conditions Commission, which after giving 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 May 20, 1996, after due and timely notice thereof as required by S36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 111 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: A certain tract of land located at 701 Salem Avenue, S.W., and designated on Sheet No. 111 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 1111118, be, and is hereby rezoned from LM, Light Manufacturing District, to CN, Neighborhood Commercial District, subject to the proffers contained in the Second Amended Petition filed in the Office of the City Clerk on April 29, 1996, and that Sheet No. in this respect. 111 of the Zone Map be changed ATTEST: City Clerk. Roanoke City Planning Commission May20,1996 The Honorable David A. Bowers, Mayor and Members o? City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Lawrence H. Logan, Sr., that property located at 701 Salem Avenue, S.W., and containing 0.15 acres, Official Tax Number 1111118, be rezoned from LM, Light Manufacturing District, to CN, Neighborhood Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Current Situation is as follows: Pumose of rezoning request is to place an existing nonconforming use into a zoning classification which would permit the use of said structure as a neighborhood convenience store with one second-floor dwelling. B. Petition to rezone, with conditions, was filed on March 7, 1996. First amended petition to rezone, with additional conditions, was filed on March 26, 1996. II. Current Situation: Plannine Commission public hearing was held on April 3, 1996. Mr. Lawrence Logan appeared before the Commission to summarize the requested rezoning. Mr. Logan noted that the structure had previously been used as a neighborhood grocery store. In response to concerns regarding the sale of alcoholic beverages, Mr. Logan stated that there would be no on-premise consumption of alcoholic beverages. In response to questions fi.om several Commission members, Mr. Logan stated he would also be agreeable to limiting the hours of operation to 6 a.m. to 8 p.m. and that there be no interior or exterior public phone. Mr. Marlles gave the staff report, noting that the proposed rezoning woUld place the existing nonconforming structure into a zoning classification that would allow Room162 MunicipalBuilding 215ChurchAvenue, S.W. Roanoke, Virginia24011 (703)981-2344 Members of Council Page 2 it to be used for the original purpose. Mr. Maflles noted that staffhad only became aware of the issue of alcoholic beverages in the past few days. Mr. Marlles further stated that staff`had received four letters and at least 10 phone calls from persons who were not opposed to the rezonlng but were opposed to the sale of alcoholic beverages. Mr. Talevi referenced Sec$ion 36.1-696(b)(6) of the Code noting that, '"no condition shall be proffered that is not related to the physical development or physical operation of the property." He said he was concerned about the Commission accepting a proffer that limited the type of goods a neighborhood convenience store could be selling. He suggested that the Commission may want to revise the definition of neighborhood convenience store in order to respond to neighborhood concerns about the sale of alcoholic beverages. Mrs. Joel Richer (415 Allison Avenue, SW) appeared before the Commission on behalf of the Board of Directors of Old Southwest, Inc. Mrs. Richert stated that the Board was not opposed to the rezoning but to the sale of alcoholic beverages. Mr. Wayne Meadows representing the Samaritan Inn and Mr. Chris Muse (617 6th Street, S.W.) also appeared before the Commission to express concern with the proposed sale of alcoholic beverages. Mr. Meadows noted that the area was congested with alcoholics as well as those individuals who were mentally ill. Mr. Marlles noted for the record the names of the persons and organizations opposed to the sale of alcoholic beverages that had contacted the Planning Department: I. Arnold Jones, President, Williams Supply; Board of Directors of Old Southwest; LOA; Turning Point; Trina Cline; Kimball Egge; Doris Egge; Doris Peters; Clyde Carter; Chris Muse; Garnett Carroll; and Ann Egge. Mr. Marlles noted that one property owner, Mr. Lawrence Taylor, was opposed to the entire rezoning. A complete set of draft minutes is attached. Second amended vetition to rezoning was filed on April 25, 1996. The following conditions were proffered by the petitioner: The use of the land to be rezoned will be limited to use as a Neighborhood Convenience Store with one apartment on the second floor. 2. There will be no outdoor storage or display of materials to be sold. Petitioner agrees that no alcoholic beverages will be sold for on-premise consumption. Members of Council Page 3 Petitioner agrees to install, within one (1) year of the time the rezoning is granted, vinyl siding on the entire exterior of the existing structure and awnings on all windows on the east side of the structure. The parking lot shown on the attached concept plan will be completed within two (2) years of the time the rezoning is granted. Ifa certificate of occupancy is not issued within one (1) year fi.om the time the rezoning is granted, the zoning classification shall return to that of LM, Light Manufacturing District, without .further action by City Council. The hours of operation of the neighborhood convenience store shall be fi.om 6 a.m. to 8 p.m. There will be no interior or exterior public telephone on the property to be rezone& III. Issues are as follows: Zoning of the subject property is LM, Light Manufacturing District. The surrounding zoning pattern in the area is as follows: to the north is LM, Light Manufacturing District, with HM, Heavy Manufacturing District, beyond; to the south is LM with C-l, Office District, beyond; and to the east and we~ is LM. ~ uses are as follows: immediately to the n0r[h is parking for Concrete Ready Mixed Corporation vehicles and across Norfolk Avenue are the Norfolk Southern rail lines; to the south are Williams Supply, a utility substation and a very limited number of multi-family residences; to the east are Glenco Radiator and similar establishments; and to the west are repair and supply establishments and some vacant parcels. Also, the H-2; Neighborhood Preservation District, begins south of subject property, on Campbell Avenue, S.W., and extends further to the south, east and west. The ~, a neighborhood convenience store and one second-floor dwelling, would be identical to the most recent uses of property as a grocery store and upstairs apartment. The Petitioner wishes to provide employees of surrounding industries and businesses with the opportunity to pumhase a limited variety of convenience items, including food staples, as well as sandwiches which would be prepared on-site for take-out. Petitioner also has indicated that he would like to obtain a license to sell beer off-premises only. Members of Council Page 4 Access is by way of Salem Avenue and Seventh Street, S.W. The City Traffic Engineer has stated that the adjacent street system could handle traffic generated by the proposed CN use. Minimum parking requiremems exist for neighborhood convenience stores in the CN district and are determined according to the criteria used for retail establishmems: one space for every 200 square feet of net floor area used for retail purposes and one space for every 400 square feet of floor area used for associated storage, assembly and repair of goods sold on premises. [Sections 36.1-428 (b) and 36.1-429 (b).] The City Traffic Engineer has stated that there could be some on-street parking available for use on 7th Street. The exterior of the existing structure is in a state of disrepair and deterioration. Petitioner has proffered exterior renovation of the structure, to include vinyl siding and awnings. Neighborhood oreanization does not exist for this area. Planning office received several calls from adjacent property owners expressing support for the proposed rezoning. The Planning office also received approximately 10 calls from residents and represematives of community organizations expressing opposition to the sale of alcoholic beverages at the proposed neighborhood convenience store. Industrial land in the City has been idemified as a valuable economic asset and should be protected. The subject property, due to its size and location, is not considered valuable for industrial development. I. Comprehensive Plan recommends that: Appropriate, small-scale developmem of needed neighborhood services be ensured and neighborhood commercial uses be kept consistent with the neighborhood's character. 2. Appropriate reuse and rehabilitation of existing structures be encouraged. Zoning changes be reviewed to resolve and minimize conflict in existing residential/industrial/commercial areas where land use compatibility issues have developed over the years. IV. Alternatives are as follows: A. City Council approve the rezoning request. Members of Council Page 5 Zoning would become CN, Neighborhood Commercial District, subject to conditions proffered by the Petitioner, and the proposed use and development of the site for a Neighborhood Convenience Store with second-floor dwelling, would be allowed to take place. 2. i ~l~[21I~ would remain the same. P~,~[IJ~[At~, specifically as a Neighborhood Convenience Store with second-floor dwelling, would be permitted, subject to the conditions proffered by the Petitioner. Access to and from the site would be primarily by way of Salem Avenue and Seventh Street, S.W. Minimum parkine requirements would be addressed as established in the condition proffered by Petitioner. The exterior of the existing structure would be renovated as established by condition proffered by Petitioner. Industrial land, although not preserved for industrial development, would be appropriately redeveloped. Nei~,hborhood organization does not exist for this area. Resident concerns regarding the sale of alcoholic beverages would still be an issue. Proposed proffers restricting hours of operation and eliminating access to a public telephone partially address this issue. 9. Comprehensive plan issues as set forth in III.I. would be addressed. B. City Council deny the rezoning request. Zoning of subject property would remain LM, Light Manufacturing District. 2. n i~T]llL~l~[l~ would remain the same. Pro sed 1 nd uses would not be permitted. Existing nonconforming structure previously used as a neighborhood grocery store would continue to deteriorate. 4. Access to and from the site would not be an issue. Members of Council Page 6 JRM:mpf attachments Minimum parkin~ requirements would not be an issue. The exterior of the existing Structure would remain in a state of disrepair and deterioration. Industrial land remain protected despite the fact that the existing structure is not suitable for industrial development. Nei~,hborhood organiz0~ion does not exist for this area. Resident concerns regarding the sale of alcoholic beverages would not be an issue. 9. Comnrehensive plan issues could be addressed at a later date. Recommendation is as follows: By a vote of 4-1 (Mrs. Coles and Mr. Butler absent and Mr. Chrisman voting against the motion) the Planning Commission recommends approval of the requested rezoning, finding that the proposed rezoning would place an existing nonconforming structure and use into a conforming zoning district. Further, the Commission felt that the existing structure on the site is not suitable for industrial development. Respectfully submitted, Carolyn H. Coles, Chairman Roanoke City Planning Commission Assistant City Attorney Director of Public Works City Engineer Building Commissioner Petitioner SkY Fu ~ u r¢ ~HT~TT ~ ADJACENT PROPERTIES 1111107 1111109 1111110 1111117 1111713 1111801 1111208 Lawrence & Michelle B. Taylor 5121 Meadow Valley Circle Roanoke, VA 2~018 Concrete Ready Mixed Corp. P.O. Box 11~62 Roanokek, VA 2~025 Concrete Ready Mixed Corp. P.O. Box 11~62 Roanokek, VA 2~025 Rita Assaid Wygal 829 Hillcrest Drive Salem, VA 2~513 Appalachian P.E. Company P.O. Box 2021 Roanoke, VA 2~022 Forrest S. Williams P.O. Box 2766 Roanoke, VA 2~001 Oscar T. & Joyce J. Gibson, Jr. 2005 Springfield Drive, N.E. Roanoke, VA 2~012 ~r I, SECOND AMENDED PETITION TO REZONE IN THE COUNCIL Of THE CItY Of ROANOKE, VIRGINIA IN RE: Rezoning of a tract of ]and lying in the City of Roanoke at 701 salem Avenue, SW, with tax Number' 1111118, from LM, Light Manufacturing District, to CN, Neighborhood Commercial District, such r'ezonin9 to be subject to certain conditions. TO THE H(]NORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The petitioner, Lawrence H. Logan is purchasing in the city of Roanoke containing 0.15 acres, more or less, located at 701 Salem Avenue, SW, in the Northwesterly corner of intersection of ?th Street and Salem Avenue with Tax Number 1111118 as more fully described in Exhibit 1. Said tract is currently zoned LM, Light Manufacturing. A map of the property to be rezoned is attached as Exhibit 2. Pursuant to Section 38.1-6g0, code of the City of Roanoke (lgTg), as amended, the Petitioner requests that the said property be rezoned from LM, Light Manufacturing District, to CN, Neighborhood Commercial District, subject to certain conditions set forth below, for the purpose of serving as Neighborhood Convenience Store. Establishment included within the general commercial use zone. 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 provide services and supplies necessary for the residents of the City of Roanoke. The previous use of the structure on lot with tax number 1111118 was for Neighborhood Grocery but has not been operating for several years. 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 use of the land to be rezoned will be limited to use as a Neighborhood Convenience Store with one apartment on the second floor. 2. There will be no outdoor storage or display of materials to be sold. 3. Petitioner agrees that no alcoholic beverages will be sold for on- premise consumption. ~. Petitioner agrees to install, within one (1) year of the time the rezoning is granted, vinyl siding on the entire exterior of the existing structure and awnings on all windows on the east side of the structure. 5. The parking lot shown on the attached concept plan will be completed within two (2) years of the time the rezoning is granted. 6. If a certificate of occupancy is not issued within one year from the time the rezoning is granted, the zoning classification shall return to that of LM, Light Manufacturing District, without further action by City Council. 7. Hours of operation of Neighborhood Covenience Store shall be from 6 am until 8 pm. 8. There will be no interior or exterior' public telephone on the property to be rezoned. Attached as Exhibit 3 are the names, addressess and tax numbers of the owner or owners of all lots or property immediately adjacent to be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 24th day of April, lgg6. Respectfully submitted, Lawrence H. Logan, Sr. 6830 wood Haven Road Rc~anoke, VA 2401g (S~O) 362-~S16 Roanoke City Planning Commission Minutes Page 12 April 3, 1996 to cut into that bank. into it in an ' neighborhoods to interject into the difficult to sell in the future ~Mr. Bradshaw. Mr. Bradshaw said he felt cutting 40 odd feet into the ix block area of that neighborhood. He said that there were blocks on a bluff where the commercialization of Melrose had been allowed ~ said that there was a sheer bank and an additional 40 feet into it would cut and he felt it would be poor planning relative to the maintenance of encroachment. He also noted that he felt that a rezoning would structural reconfiguration that would make Mr. Wells' house ~ prospers in his business. Mr. Hill said that he had was to make motions Talevi in previous meetings, that the proper procedure Mr. Talevi stated that was correct, i said that once the petition was moved, a vote in favor would be a vote to grant the request and a ~ gainst granting the request. Messrs. Jones and Bradshaw withdrew t and second. Mr. Hill then moved to approve the request. vote was taken as follows: was seconded by Mr. Jones. A roll call Mr. Bradshaw - no Mr. Chrisman- no Mrs. Duerk- no Mr. Hill - no Mr. Jones - no The request was denied by a vote of 5-0. 8~ Request from Lawrence H. Lo~an. Sr.. that property located at 701 Salem Avenue. S.W.. bearing Official Tax No. 1111118, be rez0ned fi.om LM. Light Manufacturine District. to CN, Neighborhood Commercial District, such rezonin~ to be subiect to certain conditions proffered by the petitioner. Mr. Lawrence Logan appeared before the Commission and stated that the location was formerly used as a neighborhood convenience store. He said that he had talked with as many property owners in the area as he could, as well as with City staff on numerous occasions about the proposed rezoning request. He said that he had received positive comments fi.om the adjoining property owners mainly because it was formerly used as a store where people in the area could purchase lunches. He said that he felt his request was in the spirit of revitalizing the area. He presented photographs he had taken of the present structure. He further stated that he had been made aware of some of the concern about the sale of alcoholic beverages. He said that it was his intention to adhere to all alcoholic beverage laws. He said that his proposed business would serve the business Roanoke City Planning Commission Minutes Page 13 April 3, 1996 people in the area during the day and also provide other people in the area a place to buy other staples. Mr. Hill asked Mr. Logan if he was aware of the concern expressed by a number of people about the sale of alcohol. Mr. Logan stated that he was, but there were several convenience stores in the five to six block radius and they sold alcoholic beverages for off-site consumption. Mr. I-fill stated that it had been his experience that the convenience stores were adhering to the law but there were still problems. Mr. Logan said that he had talked with Mr. Marlles about the situation and noted that he would not allow any loitering at his establishment. He further stated that he could not really control the flow of traffic but he could control to whom he sold alcohol. Mr. Hill asked the hours of operation. Mr. Logan said that it could be from 6 to 6:30 a.m. to about 5 or 6 p.m. Mr. Jones asked if a pay phone was planned. Mr. Logan said that he did not intend to have a public telephone. Mr. Chrisman asked Mr. Logan if he was willing to proffer no pay phone. Mr. Logan said that he had not thought about it, but would do so. Mr. Talevi asked Mr. Logan if he was willing to proffer that there would be no interior or exterior public telephone. Mr. Logan said that he was. Mr. Chrisman asked Mr. Logan if he would be willing to limit his operating hours. Mr. Logan responded that he would be willing to proffer the hours to be from 6 a.m. to 8 p.m. Mr. Maflles gave the staff report. He said that the purpose of the rezoning would be to place an existing nonconforming use into a zoning classification that would allow it to be used again for the same purpose. Mr. Marlles stated that Mr. Logan had met with staff on numerous occasions and had been very willing to accept advise from staff. Mr. Marlles said that it had only become apparent in the last few days that many people were concerned about the sale of alcohol from the premises. Roanoke City Planning Commission Minutes Page 14 April 3, 1996 He said that staff had received four letters and at least I0 telephone calls from persons who were not opposed to the rezoning, but were opposed to the sale of alcohol. He further stated that the area had problems, but felt the petitioner was being sensitive to the issues. He said that he was not sure that the current proffer adequately addressed the off-premise sale of alcoholic beverages. He said that other issues raised by staffhad been adequately addressed by Mr. Logan. Mr. Talevi referenced Section 36.1-696(b)(6) of the Code noting that, "no condition shall be proffered that is not related to the physical development or physical operation of the property." He said that he was concerned about the Commission accepting a proffer about the type of goods a neighborhood convenience store could be selling. He said that it was one thing to say that no phone booths would be allowed, but it was another thing for the Commission to say that there could be no sale of certain goods. He said that the question the commission had to answer was whether or not they wanted a neighborhood convenience store. Mr. Hill commented that there were many convenience stores in the general area of the proposed rezoning. He said that there was transvestite and prostitution activity in the area, as well as alcohol and drug abuse. He said that the more he thought about it, he could not see that the sale of alcohol would be a problem. He said that the addition of one more neighborhood convenience store would cause any more problems than were already there. Mrs. Duerk mentioned the new downtown study and asked Mr. Marlles the boundary of that study. Mr. Marlles said that he could not answer that question, but believed the study area did include the Jefferson Center. Mrs. Duerk said that she thought there were some convenience stores that had restricted the sale of alcoholic beverages. Mr. Marlles said that he did not know. He said that the sale of alcoholic beverages at neighborhood convenience stores can be and has been a problem in some of the inner-city neighborhoods. He said that whether it was a problem of management or abuse, he felt it was a very real problem that the neighborhoods had to deal with. He said that Mr. Talevi had questioned whether that issue could be dealt with through the rezoning process. Mr. Talevi stated that the Commission might want to revisit the definition of neighborhood convenience store in order to respond to neighborhood concerns about the sale of alcohol. Mr. Jones asked for public comment. Mrs. Joel Richert (415 Allison Avenue, S.W.) appeared before the Commission on behalf of the Board of Directors of Old Southwest. She stated that the Board had prepared a letter and that the Commission had been furnished copies of that correspondence. Mrs. Richert referred to a map that Roanoke City Planning Commission Minutes Page 15 April 3, 1996 she had submitted which noted all convenience markets in the surrounding area. Mrs. Richert commented that Old Southwest had noticed a dramatic decrease in crime in one area of Old Southwest since a convenience store quit selling alcoholic beverages. She said that Old Southwest thought that a convenience store would be very nice for the employees and others in the 7th Street area, but that off-premise alcohol sales was not necessary. Mr. Chrisman asked Mrs. Richert if she thought the removal of pay phones had positive impacts on an area and if limitation of hours made a difference. Mrs. Richert stated that she was sure the hours of operation would help. She said that no public telephone would also help. Mr. Bradshaw asked Mrs. Richert if the neighborhood would have been as concerned about the sale of alcohol had they know the hours of operation had been proffered. Mrs. Richert stated there would still have been a concern. There was further discussion about stores in the area that sold alcohol and the problems associated with that. Mr. Hill asked if the ABC licenses had been revoked simply because they sold alcohol or because of other things. Mrs. Richert said that the reasons varied. Mr. Wayne Meadows, representing the Samaritan's Inn, appeared before the Commission and stated that the area was already congested with alcoholics as well as those individuals who were mentally ill. He commented that the Samaritan's Inn served those in need in the area, but he did not want to see anything else to add to the problem. Mr. Meadows said that he would like to see a restaurant use. Mr. Chris Muse (617 6th Street, S.W.) appeared before the Commission and said that the request sounded like a fantastic idea. He said that he had lived on 6th Street for five years and had seen a dramatic drop in crime since certain stores discontinued the sale of alcohol. He said that he and others had worked hard to dean up the area and he would rather not have a convenience store if they were going to sell alcohol. He said that he would love to see the building turned into a deli, but an establishment with a liquor license was not needed. Mrs. Duerk said that she understood that the issue of an ABC license was not part of the zoning issue, but asked Mr. Logan if he would open his business, if the zoning were approved, if an ABC license could not be obtained. Roanoke City Planning Commission Minutes Page 16 April 3, 1996 Mr. Logan said that he hoped to project a positive image to the neighborhood. He said that all people had their vices, but he was looking at the convenience store aspect of the proposal. He said that he did not look at it in a negative light. He said that if he was granted an ABC license he would adhere to the law, but if ha were not granted a license, he might look for another location. Mr. Muse said that the Commission was looking at the zoning issue, and he felt that no one had a problem with the rezoning. He noted that, however, once the decision about the ABC license went to the Board, then the neighborhood could get involved. Mr. Logan said that he did not want to battle with anyone. He said that because other has violated the law, did not mean that he would. There was further discussion about the granting of ABC licenses and the use of the property if a license was not granted. Mr. Marlles stated that for the record he would like to read the names of the persons and organizations that had contacted the office in opposition to the sale of alcohol: J. Arnold Jones, President, Williams Supply; Board of Director of Old Southwest; LOA; Turning Point; Trina Cline; Kimball Egge; Doris Egge; Doris Peters; Clyde Carter; Chris Muse; Garner Carroll; Ann Egge. Mr. Marlles noted that one property owner, Lawrence Taylor, Was opposed to the entire rezoning. Mr. Bradshaw said that the thing that bothered him was not necessarily the sale of alcohol, but the viability that the entity was going to last in the long term. He said he hoped that Mr. Logan had done his homework and thought through the matter before the purchase of the property. Mr. Hill said that the problem went much deeper than whether or not alcohol was old. He noted that as long as there were no bars, there would be alcoholics in the streets. There being no further discussion, Mrs. Duerk moved to approve the request. The motion was seconded by Mr. Hill. A roll call vote was taken as follows: Mr. Bradshaw - yes Mr. Chrisman- no Mrs. Duerk - yes Mr. Hill - yes Mr. lones - yes The request was approved by a vote of 4-1. SUPPLY INC. WILLIAMS WHOLESALE ELECTRICAL SUPPLIES LIGHTING DESIGN CENTER April 5, 1996 Mrs. Carolyn H. Coles, Chairman and Members of the Roanoke City Planning Commission Municipal Building, Room 162 215 Church Avenue, 5W Roanoke, VA 24011 Re: Request from Lawrence H. Logan, Sr., Petitioner, Request for Rezoning of 701 Salem Ave., SW Dear Members of the Planning Commission: We have received and reviewed a copy of the letter from Paula Prince, President, Old Southwest, [nc. We, too, do not oppose a convenience store, but we are in strong opposition to the selling of beer off-premises We agree wfth the positidn presented ~n her etter and apprectate her orgamzauon s community minded efforts in making all of Roanoke City a better [,lace lo work and live. In addition to the reasons in Ms. Prince's letter, further outlets for beer in the area will only result in compounding the drug and prostitution problem that continues to plague our area. Introduction ora new outlet for "adult" beverage is not a way to fight drugs and prostitution in our neighborhood, much less anywhere else. We have worked hard maintaining our facility and property. Although our employees put much eftbrt int¢ our corporate and conununity pride, there is not a day that someone doesn't litter our property with discarded beer containers and other waste tossed about by people in the area. Obviously~ there are others in the neighborhood, individuals and businesses, who are just as concerned as we arc in maintaining the conununity in which we work and live. Interestingly enottgh, at a tithe when our Company has introduced a Drug and Substance abuse policy, which addresses alcohol products. Our employees would have emother outlet inciting thorn to violate established Company policy calling 1hr serious disciplinary actions il'they do not adhere to the policy while working. While we would not fbot ourselves, we trust our employees, as a rule, do not have se:ious problenns.~it~hiMi~%~ ~ style choice. ,, ,~ * ,., ~ · 1996 210 SEVENTH ST., [3 P.O. BOX 2766 Q ROANOKE, VIRGINIA 24001 Q 703-343-9333 ~ F~ 703-342-3254 ~ Lights C&t'.~qYi~/DEWLO~dENT Page 2 Members of the Roanoke City Planning Commission Request for Rezoning of 701 Salem Ave., SW Likewise, with the serious national and state DUI problem and city wide DUI awareness, we have a community obligation to oppose zoning requests such as the one proposed for this location. Furt~,ermore, ~vx~ have custon'~ers who require our certi~'~ng non-use by our employees as a condition of our conducting business, whether visiting or delivering to their locations. In our opinion, this will become the norm indicating the seriousness of the problem in business and industry, locally and nationally. Logically, we don't need additional outlets for our employees to frequent. Arnold Jones, president of Williams, has also responded to the zoning request and provided a more detailed history of the problems in this area. We support the zoning for a convenience store; but, without question, oppose the further introduction of any alcoholic beverages in the area. Thank you for your consideration. Sincerely, G. William Gearheart Comptroller p~oR-05-1996 1~:02 WILLIAMS SLOPPLY IN(] 5~0 ~2 ]L~5~ P.01×0~ LIGHTING DESIGN CENTER j. ARNOLD JONES April 3, 1996 Mrs. Caroty~ ti. Coles Roanoke City Plam~g 215 Church Avenue SW Roanoke, VA 24011 Subject: Hearing today regarding Convenience Store at 701 Salem Ave. SW Dear Mrs. Coles: I am writing to represent my company's position relative to thc sale of alcoholic beverages of any kind in this neighborhood. Considering the addict and transvestite traffic which already encompasses our neighborhood, and the fact that our employees already clr~n th,e struts and sidewalks on a daily basis ofbeer and liquor bottles, as well as syringes and other ,,-rr~'~ionables, to add more t~u~tation to public d_nmk~tles$ ~ all the activities which accolllpally it seems to hck any logic. Also in light of the ,~lliom of dollars speut recanfly by the City to restor~ the Jeffersoll C~er and ad~ cult~al ~.iiiictiol~s to doWlltOW~ to do allythln! tO ellcourage more st~ s;dliies se~ms out of character with the Phnning Co,~,i,sion's goals. We have lived with an unacceptable situation in this area of the City for too long, and as David Hooper, the Mayor, and Chip Snead will attest, our company has complained on rn~ny occasiom for i~, ovement in the neighborhood and orcllns~ces which will rid us p~z u~menfly of a had reputation. We have visitors quite often from major eastern cities who cannot believe that Roanoke is home to thc trina of drug trafficking and prostitution that occur daily around our block. Oue of our Cm~loyees receatly wituessed a homosexual rape of a homeless drunkard during her lunch hour in broad daylight. Again, we need help to clean up this community, not encourage more of thc existing activities. Our company currontly leases its premises, but is looking al~e~d to July of 1998 when the lease expires wish the thought of relocating, perhaps even out of the ci~. One of the deciding factors is the problem described above. I am sure that the S~,,~,'itan lxm and the Salvation Army, both of whom exist to mlni~ter to the ueed$ of the homeless, many of them alcoholics, would also not be in favor of a store that solicited the sale of alcohol to thc people who walk the street to get help from of the very problem alcohol consumption creates. 210 SEVENTH ST.,~t2 P.O. BOX 2768 Q ROANOKE, VIRGINIA 24001 O 703-343-9333 o FP0t, 703-342-3284 ~ LilIhts P~-05-1996 1~:0~ WILLIAMS SUPPLY INC 342 3254 P. ~2/02 1 am available at any time to further discuss this situation. My ~n,ml'~r is .~43-9333. TOTAL P. 02 Old Southwest, Inc. 641 Walnut Ave., S.W. Roanoke, VA 24016 '* 703-343-8794 Mrs. Carolyn H. Coles, Chairman and Members of the Roanoke City Planning Commission Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 2 April 1996 Request from Lawrence H. Logan, Sr., Petitioner, in re 3 April 1996 Request for Rezoning of 701 Salem Ave., S.W. Dear Members of the Planning Commission: We the members of the Board of Old Southwest, Inc., wish to state our support for the Petitioner's proposal to develop the site for a Neighborhood Convenience Store, with exterior improvements to the building. We are, however, in strong opposition to the Petitioner's wish to sell beer off-premises. Although the site/location in question does not fall within the H-2 Neighborhood Preservation District (Old Southwest), it does lie immediately adjacent to it to the south, east and west (Para. II.B. of application). Based on the foregoing, it is Old Southwest, Inc.'s position that the Planning Commission must not permit the Petitioner to sell alcohol off-premises, for the following reasons: The Petitioner indicates that he "wishes to provide employees of the surrounding industries and businesses with the opportunity to purchase a limited variety of convenience items" for takeout. The Petitioner states a wish "to obtain a license to sell beer off-premises only" to industrial or business workers in the area (II.C. of application). We believe the sale of alcohol, especially off-premises, to persons working in the area is hiehlv inappropriate and is inimical to the safety, welfare and interests of both workers and business-owners alike. Current density of other off-premises outlets for alcohol in the area is already too high. Adding another outlet to an area in which Old Southwest and other city residents must struggle daily with public drunkenness, public urination, crime, littering and other traditionally alcohol-related public nuisances would be a considerable setback to the area's residential improvement efforts. This is compounded by related public safety and crime concerns given the proximity of industry and railroad tracks to the north, businesses and homes to the south and east, and vacant lots to the west. Page 2 Old Southwest, Inc. Request for Rezoning of 701 Salem ,4ye., S. l~ The property in question is close to the Jefferson Center, newly renovated at great expense and investment and a showcase for the City's preservation/reuse efforts. Public drunkenness, public urination, crime, littering, and other alcohol-related public nuisances could only tarnish the image (already on a tenuous footing in this area) that both the City and Old Southwest wish to enhance and portray. The property is also close to RAM House Ministries, the Samaritan Inn, and the Salvation Army -- all organizations that fight an already difficult battle to help disadvantaged, homeless and other persons struggling with alcohol and substance abuse overcome their addictions and again become productive members of society. The League of Older Americans (LOA) is also nearby. In conclusion, the Board of Old Southwest, l nc., encourages appropriate development of the property for its proposed use, granting the applicant's wish to open a neighborhood convenience store. However, because we firmly believe that the sale off-premises of alcoholic beverages in an already troubled area of the city such as this would be counterproductive to efforts by its citizens to "clean it up," we are and must remain strongly opposed to any moves -- now or in the future -- to sell alcoholic beverages off-premises at this location. Sincerely, Paula Prince President Old Southwest, Inc. cc: OSW, Inc., Board Members File 706 Campbell A~., S.W. P.O. Box 14205 Roanoke, VA 24038-4205 AREA AGENCy,:ON AGING (540) 345-0451 Fax Machine: (540) 981-1487 To: From: In re: Date: April 2, 1996 Members of Roanoke City Planning Commission Susan B. Williams, Executive Direct.~r LOAArea Agency on Aging, Inc. /~u-.--~ '~'OV'~-/~'' ~ Planned convenience store at 701 Salem Ave., S.W. It has come to my attention that the Planning Commission will be receiving a request today for the development of a convenience store at 701 Salem Ave., S.W. On behalf of LOA, we have no objec- tion to a convenience store at that location, but it is my understanding that the convenience store plans to sell beer off premises. That we do object to, strongly. The LOA Area Agency on Aging is located at 706 Campbell Avenue. We have had and continue to have a problem with a transient population passing through our premises. Many of them are intoxi- cated; we have a number of inebriated individuals who show up in our lobby, some of whom are belligerent. This poses a risk both to our receptionist, who is elderly, and any patrons who may be in the lobby. On a daily basis we find beer and liquor bottles in our yard. We have had intoxicated persons sleeping on our front porch. Their behavior, because of their intoxication, has caused us to post "no trespassing "signs on the property. This is not a customer- friendly atmosphere. Needless to say, the last thing this neighborhood needs is another place to buy beer. The LOA is located one block north of the proposed convenience store. For the sake of our staff and clients, please deny the proposal to sell any alcoholic products. We already have more to contend with along this line from the neighborhood than we should have to be subjected. Please don't make it any worse. "Helping Olde~ Persons Remain As Independent As Possible" Cities of Roanoke, Salem, clifton Forge & Covi.gton · Counties of Roanoke, Alleghany, Botetourt &' Craig EQUAL OPPORTUNITY / EMPLOYER Tii n, ngPo,at The Salvation Army Shelter for Abused Women & Children', 815 Salem Ave., SW / Roanoke, VA 24016 24 HR Hotline (703) 345-0400 April 2, 1996 TO: Roanoke City Planning Commission RE: Convenience Store at 701 Salem Ave SW The Salvation Army Turning Point has no objection to the opening of this convenience store. However we do object to the sale of beer for off-premises consumption. This would only cause problems for this area that we don't need. Our experience with victims of domestic violence shows how alcohol abuse can often cause serious problems in the home. We do not want our approval of this store to condone a source of trouble for people in this neighborhood. Sincerely, DARLENE YOUNG DirecOOr Arnold Jones, President called 4/3 and left message on machine Williams Supply 210 7th Street, S.W. just learned of public hearing today for a grocery store and the intent of the owner to sell alcoholic beverages for consumption off premises won't be able to attend today vehemently opposed to the sale of alcoholic beverages and not to grocery store have a real problem down here as it is with people who are addicted to alcoholic beverages and throwing their trash in the area which has to be cleaned up every morning something that would aid the transvestite traffic that encircles our block daily This isn't in concert with what I see the City doing with the Jefferson very opposed to the sale of aicoholic beverages anywhere in this area, not opposed to the opening ora grocery store Would like this to be on record. will be writing a letter Lawrence Taylor called Johil Marlles concerned about sale of alcoholic beverages 343-9333 4/2/96 RE: Salem Avenue Rezoning John: Trina Cline with OSW celled regarding the above rezoning. She is to provide Martha with a written letter discussing her concern for Planning Commission purposes. Basicelly, she is opposed to using the building for a convenience store with ABC on/off beceuse of the problems in the neighborhood. I advised that the PC; may not consider that part of their legal responsibility to evaluate as it is the determination of the ABC board. Just wanted to let you know prior to the meeting. Evie The following have called the office in opposition to the sale of alcoholic beverages at 701 Salem Avenue, S.W. Kimball Egge 860 Marshall Avenue, SW lef~ message on machine 4/1/96 opposed to sale of alcohol on and off premise defeats work of RAM and other agencies in area Doris Egge called 4/1/96 around 2:30pm no address given 562-4654 voice objection the rezoning doesn't want alcohol sold, defeats purpose of what's been done in neighborhood mentioned Jefferson Center Doris Peters called 4/1/96 3 p.m. 3215 Troy Avenue, NW opposed to rezoning doesn't want alcohol sold Clyde Carter called 4/1/96 3:30 p.m. P. O. Box 196, Daleville owns 12 unit apartment complex on Chapman opposed - doesn't want anymore alcohol sold in area Chris G. Muse called 4/2/96 10:40 a.m. 617 6th Street, SW opposed - don't need another convenience store that sells alcoholic beverages Garnett Carroll called 4/3/96 9:40 a.m. 901 Marshall Avenue, SW very much against having this in his neighborhood opposed to alcohol on or off Ann Egge called 4/3 Marshall Avenue opposed to convenience store selling alcohol The Roanoke Times Ad Nurmber: 50362142 Publisher's Fee: $101.50 MARY F. PARKER, CITY CLE ROOM 456, MUNICIPAL BUIL 215 CHURCH AVENUE, S.W. ROANOKE, VA 24011-1536 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, 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: 05/03/96 FULL RUN - Friday 05/10/96 FULL RUN - Friday Witness, this 13th day of May 1996 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, May 20, 1996, at 7:00 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from LM, Light Manufacturing District, to the following property: That certain tract of S.W., and bearing Official Tax No. certain proffered conditions. CN, Neighborhood Commercial District, land located at 701 Salem Avenue, 1111118, subject to 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 lst day of May , 1996. Mary F. Parker, City Clerk. Publish in the ~, once on Friday, May 3, 1996, and once on Friday, May lO, 1996. Send publisher's affidavit and bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Publish in the ]~l~fi~El~ne, once on Thursday, May 2, 1996, and once on Thursday, May 9, 1996. Send publisher's affidavit and bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 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-I536 Telephone: (540) 981-254l Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk May 6, 1996 File ~f51 Mr. Lawrence H. Logan, Sr. 6830 Wood Haven Road, N. W. Roanoke, Virginia 24019 Dear Mr. Logan: 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, May 20, 1996, at 7:00 p.m., or as soon thereafter as the metter may be heard, on your request that a certain tract of land located at 701 Salem Avenue, S. W., identified as Official Tax No. 1111118, be rezoned from LM, Light Manufacturing District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioner. For your information, I am enclosing copy of a notice of the public headng, an ordinance and a report of the City Planning Commission with regard to the request. Please review the notice and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the Planning Commission report should be directed to John R. Marlles, Chief of Planning and Community Development, at 981-22~.~.. Mr. Lawrence H. Logan, Sr. May 6, 1996 Page 2 It will be necessary for you, or your representative, to be preaent at the May 20 public hearing. Failure to appear could result in a deferral of the request for rezoning until a later date. Sincerely, City Clerk MFP:sm Enc. MARY E PARKER, CMC)AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 240i 1-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk May 6, 1996 File ff.,51 Mr. Lawrence H. Logan, Sr. 6830 Wood Haven Road, N. W. Roanoke, Virginia 24019 Dear Mr. Logan: 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, May 20, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on your request that a certain tract of land located at 701 Salem Avenue, S. W., identified as Official Tax No. 1111118, be rezoned from LM, Light Manufacturing District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioner. For your information, I am enclosing copy of a notice of the public hearing, an ordinance and a report of the City Planning Commission with regard to the request. Please review the notice and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the Planning Commission report should be directed to John R. Marlles, Chief of Planning and Community Development, at 981-23~.~. Sincerely, Mary F. Parker, CMCIAAE' City Clerk MFP:sm Enc. Mr. Lawrence H. Logan, Sr. May 6, 1996 Page 2 pc: Mr. and Mrs. Lawrence Taylor, 5121 Meadow Valley Circle, S. W., Roanoke, Virginia 24018 Concrete Ready Mixed Corp., P. O. Box 12462, Roanoke, Virginia 24025 Ms. Rita A. Wygal, 829 Hillcrest Drive, Salem, Virginia 24153 APCo, P. O. Box 2021, Roanoke, Virginia 24022 Mr. Forrest S. Williams, 4001 Winding Way Road, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Oscar T. Gibson, Jr., 2005 Springfield Ddve, N. W., Roanoke, Virginia 24012 Ms. Joel Richert, 415 Allison Avenue, S. W., Roanoke, Virginia 24016 Mr. Wayne Meadows and Mr. Chris Muse, 617 Sixth Street, S. W., Roanoke, Virginia 24016 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401!-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk May 6, 1996 File #51 Carolyn H. 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 Mr. Lawrence H. Logan requesting that a tract of land, containing 0.15 acre, more or less, located at 701 Salem Avenue, S. W., identified as Official Tax No. 1111118, be rezoned from LM, Light Manufacturing District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioner. Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Carolyn H. Coles, Chairperson City Planning Commission May 6, 1996 Page 2 pc; The Honorable Mayor and Members of the Roanoke City Council Mr. Lawrence H. Logan, 6830 Wood Haven Road, N W., Roanoke, Virginia 24019 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 SECOND AMENDED PETITIC~ TO REZONE IN THE COUNCIL OF THE CItY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying in the City of Roanoke at 701 Salem Avenue, SW, with tax Number' 1111118~ from LM, Light Manufacturing District, to CN, Neighborhood Commercial District, such r'ezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The petitioner', Lawrence H. Logan is purchasing in the city of Roanoke containing 0.15 acres, more or' less, located at 701 Salem Avenue, SW, in the Northwesterly corner' of intersection of 7th Street and Salem Avenue with Tax Number 1111118 as more fully described in Exhibit 1. Said tract is currently zoned LM, Light Manufacturing. A map of the property to be rezoned is attached as Exhibit 2. Pursuant to Section 36.1-6g0, Code of the City of Roanoke (lg7g), as amended, the Petitioner' requests that the said prcper'ty be rezoned from LM, Light Manufacturing District, to CN, Neighborhood Commercial District, subject to certain conditions set forth below, for' the purpose of serving as Neighborhood Convenience Store. Establishment included within the general cc~mer'cial use zone. The Petitioner' believes the r'ezoning 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 provide services and supplies necessary for' the residents of the City of Roanoke. The previous use of the structure on lot with tax number' 1111118 was for Neighborhood Grocery but has not been operating for' several years. The Petitioner' hereby proffers and agrees that if the said tract is r,ezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: 1. The use of the land to be r,ezoned will be limited to use as a Neighborhood Convenience Store with one apartment on the second floor'. There will be no outdoor' storage or' display of materials to be sold. 3. Petitioner' agrees that no alcoholic beverages will be sold for on- premise consumption. ~. Petitioner' agrees to install, within one (1) year of the time the r, ezoning is granted, vinyl siding on the entire exterior of the existing structure and awnings on all windows on the east side of the structure. 5. The parking lot shown on the attached concept plan will be completed within two (2) years of the time the r'ezoning is granted. 6. If a certificate of occupancy is not issued within one year' from the time the rezoning is granted, the zoning classification shall return to that of LM, Light Manufacturing District, without further' action by City Council. 7. Hours of operation of Neighborhood Covenience Store shall be from 6 am until 8 pm. 8. There will be no interior or' exterior' public telephone on the property to be rezoned. Attached as Exhibit 3 are the names, addr'essess and tax numbers of the owner' or owners of all lots or property immediately adjacent to be rezoned as requested in accordance with the provisions of the Zoning Or, dinance of the City of Roanoke. Respectfully submitted this 24th day of Apr'il, 1996. Respectfu'I 1 y submitted, Lawrence H. Logan, 6830 wood Haven Road Roanoke, VA 2~019 (540) 362-4516 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Lawrence H. Logan, Sr., 701 Salem Avenue, SW, Tax No. 1111118 ) from LM to CN, conditional ) AFFIDAVIT COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to 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 15.1-341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 25th day of March, 1996, notices of a public hearing to be held on the 3rd day of April, 1996, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner, Agent ~or Occupant 1111107 Lawrence & Michelle B. Taylor 1111109 1111110 1111117 Concrete Ready Mixed Corp Rita Assaid Wygal 1111713 APCo 1111801 Forrest S. Williams 1111208 Oscar T. Gibson, Jr. Joyce J. Gibson Martha Pace Franklin Address 5121 Meadow Valley Circle Roanoke, VA 24018 P. O. Box 12462 Roanoke, VA 24025 829Hillcrest Drive Salem, VA 24153 P. O. Box 2021 Roanoke, VA 24022 4001WindingWayRoad Roanoke, VA 24014 2005 Springfield Drive, NE Roanoke, VA 24012 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 25th day of March, 1996. ~ Notary Public ! My Commission Expires: ~~/ (~O~/t/~J MARY E 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: (540) 981-2541 Fax: (540) 224-3145 -. SANDRA H. EAKIN Deputy City Clerk March 26, 1996 File #51 Carolyn H. 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 Mr. Lawrence H. Logan requesting that a tract of land, containing 0.15 acre, more or less, located at 701 Salem Avenue, S. W., identified as Official Tax No. 1111118, be rezoned from LM, Light Manufacturing District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Carolyn H. Coles, Chairperson City Planning Commission March 26, 1996 Page 2 pc; The Honorable Mayor and Members of the Roanoke City Council Mr. Lawrence H. Logan, 6830 Wood Haven Road, N. W., Roanoke, Virginia 24019 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 FIRST AMENDED PETITIC~ TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying in the City of Roanoke at 701 Salem Avenue, SW, with tax Nun~ber' 1111118, from LM, Light Manufacturing District, to CN, Neighborhood Commercial District, such r'ezoning to be subject to certain conditions, TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The petitioner, Lawrence H. Logan is purchasing in the city of Roanoke containing 0.15 acres, more or' less, located at 701 Salem Avenue, SW, in the Northwesterly corner of intersection of ?th Street and Salem Avenue with Tax Number' 1111118 as more fully described in Exhibit 1. said tract is currently zoned LM, Light Manufacturing. A map of the property to be rezoned is attached as Exhibit 2. Pursuant to Section 36.t-890, Code of the City of Roanoke (t979), as amended, the Petitioner requests that the said property be rezoned from LM, Light Manufacturing District, to CN, Neighborhood Commercial District, subject to certain conditions set forth below, for the purpose of serving as Neighborhood Convenience Store. Establishment included within the general commercial use zone. 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 provide services and supplies necessary for' the residents of the City of Roanoke. The previous use of the structure on lot with tax number 1111118 was for' Neighborhood Grocery but has not been operating for' several years. 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 use of the land to be rezoned will be limited to use as a Neighborhood Convenience Store with one apartment on the second floor. There will be no outdoor' storage or' display of r~aterials to be sold. 3. Petitioner agrees that no alcoholic beverages will be sold for' on- premise consumption. 8. Petitioner' agrees to install, within one (1) year' of the time the rezoning is granted, vinyl siding on the entire exterior of the existing structure and awnings on all windows on the east side of the structure, 5. The parking lot shown on the attached concept plan will be completed within two (2) years of the time the rezoning is granted. 6. If a certificate of occupancy is not issued within one year' frc~ the time the r, ezoning is granted, the zoning classification shall return to that of LM, Light Manufacturing District, without further action by City Council. Attached as Exhibit 3 are the names, addressess 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. ~¢HEREFORE, the Petitioner' requests that the above-described tract be r, ezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. 1996. Respectfully submitted this 6th day of March, Respectfully submitted, Lawrence H. Logan, Sr'. 6830 Woc<l Haven Road Roanoke, VA 2b. 019 (5b~O) 362-b~516 Owner' 50 ~ slm' FO y-u,.-e ?b,-K?,~.J Pa r kl'~9 F×HTRTT ~ ADJACENT PROPERTIES Qf~l T~× NHn~o~r 1111107 1111109 1111110 1111117 1111713 1111801 1111208 and M~ilin~ A~dr'~ Lawrence & Michelle B. Taylor 5121 Meadow Valley Circle Roanoke, VA 24018 Concrete Ready Mixed Corp. P.O. Box 11462 Roanokek, VA 24025 Concrete Ready Mixed Corp. P.O. Box 11462 Roanokek, VA 24025 Rita Assaid Wygal 829 Hillcr'est Drive Salem, VA 24513 Appalachian P.E. Con, any P.O. Box 2021 RGanoke, VA 24022 For'rest S. williams P.O. Box 2766 Roanoke, VA 24001 Oscar T. & doyce d. Gibson, Jr. 2005 Springfield Drive, N.E. Roanoke, VA 24012 I I NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO Vvl-IOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, April 3, 1996, 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 Lawrence H. Logan, Sr., that property located at 701 Salem Avenue, S.W., bearing Official Tax No. 1111118, be rezoned from LM, Light Manufacturing District, to CN, Neighborhood Commercial District, such rezoning to be 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, March 19, 1996 and Tuesday, March 26, 1996 Please bill and send affidavit of publication to: Department of Planning and Commtlnity Development Room 162, Municipal Building 215 Church Avenue, SW. Roanoke, VA 24011 MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk March 13, 1996 File #51 Carolyn H. 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 Mr. Lawrence H. Logan requesting that a tract of land, containing 0.15 acre, more or less, located at 701 Salem Avenue, S. W., identified as Official Tax No. 1111118, be rezoned from LM, Light Manufacturing District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Carolyn H. Coles, Chairperson March 13, 1996 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Mr. Lawrence H. Logan, 6830 Wood Haven Road, N. W., Roanoke, Virginia 24019 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 PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying in the City of Roanoke at 701 Salem Avenue, S~, with tax Number 1111118, fr,ocn LM Light Manufacturing District to CN~ Neighborhood Commercial District such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF TH~ COUNCIL OF THE CITY OF ROANOKE: The petitioners, Lawrence H. Logan is purchasing in the city of Roanoke containing 0.15 acres, more or less, located at 701 Salem Avenue, SW, in the northwesterly corner, of intersection of 7th Street and Salem Avenue with Tax Number, 1111118 as more fully described in Exhibit 1. Said tract is currently zoned LM, Light Manufacturing. A map of the property to be r'ezoned is attached as Exhibit 2. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979). as amended, the Petitioner, requests that the said property be r'ezoned fro(n LM, Light Manufacturing District to CN; Neighborhood Commercial District, subject to certain conditions set forth below, for' the purpose of serving as Neighborhood Convenience Store. Establishment included within the general commercial use zone. 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 provide services and supplies necessary for' the residents of the City of Roanoke. The previous use of sol d. the str'ucture on lot with tax number 1111118 was for Neighbor, hood Grocer, y but has not been operating for' several years. The Petitioner, hereby pr'offers and agrees that if the said tr'act is r'ezoned as requested, that the r'ezoning will be subject to. and that the Petitioner will abide by, the following conditions: 1. The use of the land to be r'ezoned will be limited to use as a Neighborhood Convenience Store. Ther'e wi]] be no outdoor storage or display of mater'ia]s to be Attached as Exhibit 3 are the names, addr'essess and tax numbers of the owner, or owner's of all lots or pr'oper, ty immediately adjacent to immediately across a street or' road from the property to be rezoned. ~HEREFORE, 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 7th day of March, 1996. Respectfully submitted, Lawrence H. Logan. Sr. 6830 Wood Haven Road Roanoke. VA 2b019 (540) 362-4516 (Contract Purchaser) O~ner' 2748 Diplomat Drive, NW Roanoke, VA 24017 FXNT~TT ~ ADJACENT PROPERTZES 1111107 1111109 1111110 1111117 1111713 1111801 1111208 rlwn~r~ W~ ~nd M~l~ng Addr,~ Lawrence & Michelle B. Taylor' 5121 Meadow Valley Circle Roanoke, VA 24018 Concrete Ready Mixed Corp. P.O. Box 11462 Roanokek, VA 24025 Concrete Ready Mixed Corp. P.O. Box 11462 Roanokek, VA 24025 Rita Assaid Wygal 829 Hillcr'est Drive Salem, VA 24513 Appalachian P.E. Company P.O. Box 2021 Roanoke, VA 24022 For'r'est S. Williams P.O. Box 2766 Roanoke, VA 24001 Oscar, T. & doyce d. Gibson, Jr'. 2005 Springfield Drive, N.E. Roanoke, VA 24012 MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAK1N Deputy City Clerk June 10, 1996 File #51 Roy V. Creasy, Attorney 213 S. Jefferson Street, Suite 915 Roanoke, Virginia 24011-1735 Dear Mr. Creasy: I am enclosing copy of Ordinance No. 32954-060396 rezoning a portion of proper~'y identified as Official Tax No. 2761701, beginning at a point approximately 250 feet, more or less, south of Melrose Avenue, N. W., from C-2, General Commercial District, to IPUD, Industrial Planned Unit Development District; property identified as Official Tax No. 2750101, fronting Polk Street, N. W., from C-2, General Commercial District, to IPUD, Industrial Planned Unit Development District; and property identified as Official Tax No. 2750102, fronting Michigan Avenue, N. W., from RM-1, Residential Multi-family, Low Density District, to IPUD, Industrial Planned Unit Development District, subject to certain conditions proffered by the petitioner. Ordinance No. 32954-060396 was adopted by the Council of the City of Roanoke on first reading on Monday, May 20, 1996, also adopted by the Council on second reading on Monday, June 3, 1996, and will be in full force and effect ten days following the date of its second reading. Sincerely, Sandre H. Eakin Deputy City Clerk SHE:sm Enc. Roy V. Creasy, Attorney 'June 10, 1996 Page 2 pc: Mr. David Mitchell, 3910 Virginia Avenue, N. W., Roanoke, Virginia 24016 Ms. Karan Robertson, 919 Polk Street, N. W., Roanoke, Virginia 24016 Mr. Richard G. Wast and Ms. Doris M. Watson, 3130 Franklin Road, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Richard G. West, 3130 Franklin Road, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Junior P. Agee, 5322 Thornrose Road, N. W., Roanoke, Virginia 24012 Mr. Harold E. Little and Mr. Richard M. Trent, 3725 Ryan's Bluff Drive, Cumming, Georgia 30130 Crestar Bank, c/o Real Estate Division, Attn. L. Louis Smith, P. O. Box 26665, Richmond, Virginia 23261 Krispy Crarna Doughnut Corp., P. O. Box 83, Winston-Salem, North Carolina 27102 Mr. Stephen K Gibson and Mr. Kenneth F. Gibson, 4125 Melrose Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Jack G. H. Yeh, 3411 Williamson Road, N. E., Roanoke, Virginia 24012 Fairway Construction Co., Inc., 6265 Fairway Forest Ddve, S. W., Roanoke, Virginia 24018 Virginia Department of Transportation, Salem Distdct Office, 731 Harrison Avenue, Salem, Virginia 24153 Federal Deposit Insurance Corp., 285 Peachtree Center Avenue, N. E., Atlanta, Georgia 30303 Mr. James W. Boyd, 4043 Michigan Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Timothy R. Craigheed, Sr., 916 Polk Street, N. W., Roanoke, Virginia 240 17 C. W. Francis and Son, Inc., 305 First Street, S. W., Suite 500, Roanoke,' Virginia 24011 Mr. and Mrs. Glen A. Taylor, Jr., 4044 Michigan Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Harry L. Brown, 937 Polk Street, N. W., Roanoke, Virginia 24017 Mr. Nelson Vest, 929 Polk Street, N. W., Roanoke, Virginia 24017 Mr. Wendell Brown, P. O. Box 492, Vinton, Virginia 24179 Mr. and Mrs. Fradedck Brown, Sr., 925 Polk Street, N. W., Roanoke, Virginia 240 17 Ms. Karen B. Robertson and Mr. Douglas L. Sharpe, 919 Polk Street, N. W., Roanoke, Virginia 24017 Ms. Gladys M. Childers, 913 Polk Street, N. W., Roanoke, Virginia 24017 ~oyV. Creasy, AEorney June 10, 1996 Page 3 JRN Chicken Store, Inc., c/o Savage, Savage, and Brown, P. O. Box 22845, Oklahoma City, Oklahoma 73123 Auto Zone, Inc., P. O. Box 2198, Department 4040, Memphis, Tennessee 38101 E. L. Bayse Service Center, Inc., 4040 Melrose Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. James K. Metz, 4041 Melrose Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Randall D. Blevins, 4952 Catawba Creek Road, N. W., Roanoke, Virginia 24019 Ms. Laura W. Perfater, 4030 Dakota Avenue, N. W., Roanoke, Virginia 24017 Ms. Patricia K. Wright, 4019 Michigan Avenue, N. W., Roanoke, Virginia 24017 Hans-Andreas Stowasser, et als, 5409 Warwood Drive, Roanoke, Virginia 24018 Ms. Gatsie A. Jones, 4029 Michigan Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. James K. Metz, 5844 Lake;?c, nt Drive, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Lyle W. Meadows, 4037 Michigan Avenue, N. W., Roanoke, Virginia 24017 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of June, 1996. No. 32954-060396. AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 275 and No. 276, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. WHEREAS, Roanoke-Salem Business Center, LLC, has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from C-2, General Commercial District, and RM-1, Residential Multi-family, Low Density District, to IPUD, Industrial Planned Unit Development 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 ~36.1-693, 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 May 20, 1996, after due and timely notice thereof as required by ~36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the Opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 275 and No. 276 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That property beginning at a point approximately 250 feet, more or less, south of Melrose Avenue, and bearing Official Tax No. 2761701, and that property fronting Polk Street, N.W., and bearing Official Tax No. 2750101, be, and hereby are rezoned from C-2, General Commercial District, to IPUD, Industrial Planned Unit Development District; and that property fronting on Michigan Avenue, N.W., and bearing Official Tax No. 2750102, be, and is hereby rezoned from RM-1, Residential Multifamtly, Low Density District, to IPUD, Industrial Planned Unit Development District, as requested in the Second Amended Petition filed in the Office of the City Clerk on April 24, 1996, and that Sheet No. 275 and No. 276 of the Zone Map be changed in thls respect. ATTEST: City Clerk. F~oanoke City Planning Commission May 20, 1996 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request fi.om Roanoke-Salem Business Center, LLC, represented by Roy V. Creasy, attorney, that property located on Melrose Avenue, N.W., and Michigan Avenue, N.W., be rezoned as follows: a portion of property bearing Official Tax No. 2761701, beginning at a point approximately 250 feet, more or less, south of Melrose Avenue from C-2, General Commercial District, to IPUD, Industrial Planned Unit Development District; property bearing Official Tax No. 2750101, fronting Polk Street, N.W., fi.om C-2, General Commercial District, to IPUD, Industrial Planned Unit Development District; and property bearing Official Tax No. 2750102, fronting Michigan Avenue, N.W., from RM-1, Residential Multifamily, Low Density District, to IPUD, Industrial Planned Unit Development District, such rezoning to be subject to certain conditions proffered by the petitioner. Pumose of requested rezoning is to permit the adaptive reuse of a 27.916 acre shopping center (Roanoke Salem Plaza) as a business center which will contain a mix of retail, office, research and light manufacturing uses. Existing retail shopning center opened in the early '60s. Despite new management and extensive renovation efforts undertaken in 1988, the existing center has experienced high vacancy rates, approaching 70% in recent years. Peters Creek Road Extension proiect currently under construction will pass through the western side of the subject property. When completed in late 1997, the highway is projected to accommodate approximately 24,500 vehicles per day upon completion. Intent of the IPUD is to encourage the orderly development of uses which require integration of large scale office, research, commercial and manufacturing facilities in separate structures, designed as unit, in a campus-like environment. Room162 MunicipalBuilding 215ChurchAvenue, S.W. Roanoke, Virginia2401t (703)981-2344 Members of Council Page 2 Staffhas met with the petitioner's representatives on four occasions to discuss issues and review preliminary design schemes. F. Staffrecommendations were as follows: Required open space should be concentrated along the western portion of the property near Peters Creek. Existing or proposed lighting in the parking lot should be directed away from the residential neighborhood located to the east of the subject property. The existing vehicular access from Polk Street, N.W., should be eliminated after the opening of the Peters Creek Road extension project. Currently Polk Street carries considerable "cut through" traffic from Salem Turnpike. Signage to be attached to the existing mall structure should have a uniform design. G. Petition to rezone, with conditions, was filed on March 7, 1996. II. H. First amended etition to rezone, with conditions, was filed on March 27, 1996. Curry: Plannine Commission public hearing was held on April 3, 1996. Mr. Richard Rife, architect, appeared before the Commission on behalf of the petitioner. Mr. Rife summarized the history of the Roanoke Salem Plaza and noted that most of the existing retail uses were lower end. He said that the petitioners hoped to introduce some light manufacturing uses in an effort to increase revenue and traffic to make the mall more attractive to higher end retail uses. Mr. Rife read the proffers submitted in the "Amended First Petition to Rezone." Mr. David Mitchell (3910 Virginia Avenue, NW) questioned whether or not there could still be an entrance to the Plaza from Polk Street. Mr. Rife discussed the reasons for closing the Polk Street entrance and noted that the entrance would not be closed until Peters Creek Road extension was opened. Ms. Karen Robertson (919 Polk Street) appeared before the Commission and stated she was in favor of closing offthe entrance at Polk Street. She also asked what type of LM uses were proposed. Mr. John Lipscomb, petitioner, appeared before the Commission to respond to Ms. Robertson's question. Mr. Lipscomb stated that there would be no outdoor storage, Members of Council Page 3 but there would be some indoor storage and wholesaling. He also noted that telemarketing was another possibility for the property. Mr. Marlles gave the stalfreport noting that the petitioner had addressed all of staff's concerns. Mr. Marlles noted that the Assistant City Attorney had identified some minor adjustments to the proffers to improve their enforceability. Mr. Marlles noted that staffwas recommending approval of the requested rezoning. Second amended petition was filed on April 25, 1996. The following conditions were proffered: The property will be zoned and developed in substantial conformity with the site plan prepared by Rife & Wood Architects dated March 7, 1996, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required during development plan review. 2. There shall be no HM, Heavy Manufacturing District uses in the IPUD area. The following uses shall be the only permitted uses in the I~UD District in the event the rezoning is granted: Permitted uses in the LM, Light Manufacturing District, as listed in the Roanoke City Code Section 36.1-240. Nonresidential uses permitted in the C-2, General Commercial District, Section 36.1-206, provided the total gross floor area devoted to these uses does not exceed fifteen (15) percent of the gross land area within the IPUD. 4. No outside storage will be permitted. Any signage related to any business or use of the rezoned property shall be located solely on rezoned property except for the existing sign located on Mekose Avenue. Any signage that is to be attached to the existing structure shall be done in a uniform manner. Any additional security or parking lot lighting shall be shielded away from adjacent residential areas. Present access to Polk Street, N.W., shall be closed concurrent with the opening of the Peters Creek Road extension to Salem Turnpike. Members of Council Page 4 III. Issues; Zoning of the subject property consisting of 22.261 acres, identified as Official Tax Nos. 2761701 and 2750101 is currently C-2, General Commercial District. Zoning of subject property identified as Official Tax No. 2750102 is RM-1, Residential Multifamily, Low Density District. Surrounding zoning is C-2 to the north along Melrose Avenue; RM-1 to the east; and RS-3, Residential Single Family, Medium Density District, to the west across Peters Creek; and C-2, RS-3 and RM-1 to the south. Land use of the subject property is currently an under-utilized retail shopping center and parking lot. A number of existing highway commercial uses (Plaza Auto, First Union, AutoZone) have frontage on Melrose Avenue. Land use in the surrounding area is as follows: to the north along Melrose Avenue are assorted highway commercial uses; to the east, south and west are residential neighborhoods. Access and traffic. Access to the subject property is currently provided by Melrose Avenue to the north and Polk Street to the south. Polk Street currently carries an excessive amount of"cut through" traffic from Salem Turnpike, N.W. The applicant has proffered that the present access from Polk Street will be closed concurrent with the opening of the Peters Creek Road extension project. The proposed business center will have limited access to Peters Creek Road Extension. The City's Traffic Engineer has indicated that the trip generation potential of the proposed business center is less than the current C-2 zoning. ff~t~:~g/~dg~. No new construction on the site is proposed at this time. Proffered site plan indicates that required open space will be located along the western side of the property near Peters Creek. Existing differences in topography help buffer residential neighborhoods on the east and west sides of the subject property. Neiehborhoocl to the east is not organized. Neighborhood organization to the west is the Edgewood - Morwanda - Summit Hills Neighborhood organization. The petitioner held a meeting on April 1, 1996, to discuss the proposed rezoning. Mr. Rife noted that only two residents attended the meeting and that both were supportive. The Planning office received several calls from area businesses expressing support for the proposed rezoning and an adjacent property owner has visited the Planning office to look over the plans for the proposed rezoning. ComPrehensive Plan recommends that:' 1. New industrial development be encouraged on appropriate sites. Members of Council. Page 5 IV. 2. Minimize conflicts between industrial sites and neighboring residential areas. Alternativ0s: A. ~the requested rezoning. Zoning of the subject property, identified as a portion of Official Tax No. 2761701, and Official Tax Nos. 2750101 and 2750102, would become IPUD, Industrial Planned Unit Development District. Zoning of a portion of Official Tax No. 2761701, fronting Melrose Avenue, N.W., would remain C- 2, General Commercial District. Land use becomes a business center containing a mix of retail, office, research and light manufacturing uses, will be permitted to occur. Access to the site would be provided by Melrose Avenue and Peters Creek Road Extension, currently under construction. Vehicular access to the subject property from Polk Street, N.W., would be eliminated concurrent with the opening of the Peters Creek Road Extension project to Salem Turnpike, N.W. Bufferim, and screening of the site would not be an issue. No new construction is proposed at this time. Existing differences in topography help buffer residential neighborhoods to the east and west side of the subject property. ~h~iJlllp~ should be minimal. No new development is proposed at this time. Projected traffic impact is less than possible under current C-2, General Commercial District zoning. 6. Comprehensive Plan issues as set forth in III.F. would be addressed. B. ~ the requested rezoning. Zoning of the subject property would remain C-2, General Commercial District, and RM-1, Residential Multifamily, Low Density District. Land use of the subject property would remain an underutilized retail commercial mall. 3. Acces and traffic would not be an issue. 4. ff~ would not be an issue. Members of Council Page 6 5. Neighborhood would remain unchanged. Comprehensive Plan recommendations as set forth could be addressed at a later date. V. Recommendations: By a vote of 5-0 (Mrs. Coles and Mr. Butler absent) the Roanoke City Planning Commission recommended approval of the requested rezoning finding that the proposed rezoning would facilitate the adaptive reuse of the existing mall and is consistent with the City's comprehensive plan. Respectfully submitted, Carolyn H. Coles, Chairman Roanoke City Planning Commission JRM:mpf attachments cc: Assistant City Attorney City Engineer Building Commissioner Attorney for the Petitioner Roy V. Creasy Attorney At Law Roanoke, Virginia SECOND AMENDED PETITION TO REZONE IN THE COUNCIL OF TWR. CITY OF ROANOKE. VIRGINIA IN RE: Rezoning of a portion of a tract of land lying on the south side of Melrose Avenue, NW across from Peters Creek Road commonly known as the Roanoke- Salem Plaza containing 27.916 acres, more or less, identified as Roanoke City Tax Map Numbers 2761701 and 2750101 and 2750102, the portion to be rezoned contains 22.261 acres and will be rezoned from Zoning District C-2, General Commercial District, and RM-1, Residential Multifamily Low Density District, to IPUD-Industrial Planned Unit portion Zoning Development District and the remaining containing 5.655 acres shall remain in District C-2, General Commercial District. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Roanoke-Salem Business Center, L.L.C., has entered into a contract to purchase the above real estate commonl known as the Roanoke-Salem Plaza, Official Tax Map Numbers 2761701 2750101, and 2750102. Said parcels are currently zoned C-2 General Commercial District, and RM-1, Residential Multifamily Lo~ Density District. A map of the part of property to be rezoned if attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners request that 22.261 acres, more Roy V. Creasy Attorney At Law Roanoke, Virginia or less, of the said property be rezoned from C-2, General Commercial District, and RM-1, Residential MultifamilyLow Density, District to IPUD and the remaining 5.655, more or less, shal remain in Zoning District C-2 General Commercial District subjec to certain conditions set forth below. The Petitioner believes that the rezoning of the said tract of land will further the intent and purposes of the City's zoninc ordinance and its comprehensive plan, in that it will allow the revitalization of an area which has been unsuccessful as a purel retail shopping center. Upon the completion of the rezoning, is the intention of the new owners to create a business centel which will mix retail businesses with commercial business whic] will encourage the development of uses including retail, large scal~ offices, research, commercial distribution and light manufacturing facilities. The Petitioner hereby proffer and agree that if the said tracl is rezoned as requested, that the rezoning will be subject to, ant that the Petitioner will abide by, the following conditions: 1. The property will be zoned and developed in substantial conformity with the site plan prepared by Rife & Wood Architect dated March 7, 1996, a copy of which is attached to the Petitio for Rezoning as Exhibit B, subject to any changes required durin~ development plan review. 2. There shall be no HM, Heavy Manufacturing District use permitted in the IPUD area. 3. The following uses shall be the only permitted uses -2- Roy V. Creasy Attorney At law Roanoke, Virginia the IPUD District in the event the rezoning is granted: (A) Permitted uses in the LM Light Manufacturing District, as listed in the Roanoke City Code Section 36.1-240. (B) Nonresidential uses permitted in the C-2, General Commercial District, Section 36.1-206, provided the total gross floor area devoted to these uses does not exceed fifteen (15 percent of the gross land area within the IPUD. 4. No outdoor storage will be permitted. 5. Any signage that is to be attached to the existing mal structure shall be done in a coordinated, uniform manner for the various tenants. 6. Any additional security or parking lot lighting shall b~ shielded away from adjacent residential areas. 7. Present access to Polk'Street, N.W. shall be close concurrent with the opening of the Peters Creek Road extension t Salem Turnpike. Attached as Exhibit C arethe names, addresses and tax number~ of the owner or owners of all lots or property immediately adjacent to or 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. -3- Roy V. Creasy ~,ttorney At Law Roanoke, Virginia By: Respectfully submitted, KE-S~r.k~4BUSINESS CENTER, L.L.C of c~s~~ . Roy V. Creasy, Esquire 213 S. Jefferson Street Suite 915 Roanoke, Virginia 24011-1735 (540) 342-0729 Counsel -4- Ad Number: 50363411 Publisher's Fee: $147.90 ROY V. CREASy, ATTOP~NEy 213 S. JEFFERSON ST. SOUTE 915, ROANOKE, VA 24011-1735 The Roanoke Times STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersiqned) an authorized representative of ~he Times-World Cor- poration, which corporation is publisher of The Roanoke Times, 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: 05/03/96 FULL RUN - Friday 05/10/96 FULL gUN - Friday Witness, this 13th day of May 1996 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, May 20, 1996, at 7:00 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of rezoning a portion of property bearing Official Tax No. 2761701, beginning at a point approximately 250 feet, more or less, south of Melrose Avenue from C-2, General Commercial District to IPUD, Industrial Planned Unit Development District; on the question of rezoning property bearing Official Tax No. 2750101, fronting Polk Street, N.W., from C-2, General Commercial District, to IPUD, Industrial Planned Unit Development District; on the question of rezoning property bearing Official Tax No. 2750102, fronting on Michigan Avenue, N.W., from RM-1, Residential Multifamily, Low Density District, to IPUD, Industrial Planned Unit Development District, 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 1st day of May , 1996. Mary F. Parker, City Clerk. Publish in the Roanoke Times once on Friday, on Friday, May 10, 1996. Send publisher,s affidavit to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 May 3, 1996, and once Send bill to: Roy V. Creasy, Attorney 213 S. Jefferson Street, Suite Roanoke, Virginia 24011-1735 915 Publish in the Roanoke Times once on Friday, May 10, 1996. Send publisher,s affidavit to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 once on Saturday, May 4, 1996, and Send bill to: Roy V. Creasy, Attorney 213 S. Jefferson Street, Suite 915 Roanoke, Virginia 24011-1735 Publish in the Roanoke Tribune once on Thursday, May 9, Send publisher,s affidavit to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 1996. Send bill to: Roy V. Creasy, Attorney 213 S. Jefferson Street, Suite Roanoke, Virginia 24011-1735 915 MARY E 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: (540) 98 !-254 ! Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk May 6, 1996 File #51 Roy V. Creasy, Attorney 213 S. Jefferson Street, Suite 915 Roanoke, Virginia 24011-1735 Dear Mr. Creasy: 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, May 20, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Roanoke-Salem Business Center, L.L.C., that a portion of property identified as Official Tax No. 2761701, beginning at a point approximately 250 feet, more or less, south of Melrose Avenue, N. W., be rezoned from C-2, General Commercial District, to IPUD, Industrial Planned Unit Development District; property identified as Official Tax No. 2750101, fronting Polk Street, N. W., be rezoned from C-2, General Commercial District, to IPUD, Industrial Planned Unit Development District; and property identified as Official Tax No. 2750102, fronting Michigan Avenue, N. W., be rezoned from RM-1, Residential Multi-family, Low Density District, to IPUD, Industrial Planned Unit Development District, subject to certain conditions proffered by the petitioner. For your information, I am enclosing copy of a notice of the public hearing, an ordinance and a report of the City Planning Commission with regard to the request. Please review the documents, and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the Planning Commission report should be directed to John R. Marlles, Chief of Planning and Community Development, at 981-23~.~.. Roy V. Creasy, Attorney May 6, 1996 Page 2 It will be necessary for you, or your representative, to be present at the May 20 public hearing. Failure to appear could result in a deferral of the request for rezoning until a later date. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eric. MARY E PARKER, CMC)AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.V~, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 May 6, 1996 File #51 SANDRA H. EAKIN Deputy City Clerk Roy V. Creasy, Attorney 213 S. Jefferson Street, Suite 915 Roanoke, Virginia 24011-1735 Dear Mr. Creasy: 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, May 20, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Roanoke-Salem Business Center, EEC., that a portion of property identified as Official Tax No. 2761701, beginning at a point approximately 250 feet, more or less, south of Melrose Avenue, N. W., be rezoned from C-2, General Commercial District, to IPUD, Industrial Planned Unit Development District; property identified as Official Tax No. 2750101, fronting Polk Street, N. W., be rezoned from C-2, General Commercial District, to IPUD, Industrial Planned Unit Development District; and property identified as Official Tax No. 2750102, fronting Michigan Avenue, N. W., be rezoned from RM-1, Residential Multi-family, Low Density District, to IPUD, Industrial Planned Unit Development District, subject to certain conditions proffered by the petitioner. For your information, I am enclosing copy of a notice of the public hearing, an ordinance and a report of the City Planning Commission with regard to the request. Please review the documents, and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the Planning Commission report should be directed to John R. Marlles, Chief of Planning and Community Development, at 981-2344. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enc. Roy V, Creasy May 6, 1996 Page 2 pc: Mr. David Mitchell, 3910 Virginia Avenue, N. W., Roanoke, Virginia 24016 Ms. Karen Robertson, 919 Polk Street, N. W., Roanoke, Virginia 24016 Mr. Richard G. West and Ms. Doris M. Watson, 3130 Franklin Road, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Richard G. West, 3130 Franklin Road, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Junior P. Agee, 5322 Thomrose Road, N. W., Roanoke, Virginia 24012 Mr. Harold E. Little and Mr. Richard M. Trent, 3725 Ryan's Bluff Drive, Cumming, Georgia 30130 Crestar Bank, c/o Real Estate Division, Attn. L. Louis Smith, P. O. Box 26665, Richmond, Virginia 23261 Krispy Creme Doughnut Corp., P. O. Box 83, Winston-Salem, North Carolina 27102 Mr. Stephen K. Gibson and Mr. Kenneth F. Gibson, 4125 Melrose Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Jack G. H. Yeh, 3411 Williamson Road, N. E., Roanoke, Virginia 24012 Fairway Construction Co., Inc., 6265 Fairway Forest Ddve, S. W., Roanoke, Virginia 24018 Virginia Department of Transportation, Salem District Office, 731 Harrison Avenue, Salem, Virginia 24153 Federal Deposit Insurance Corp., 285 Peachtree Center Avenue, N. E., Atlanta, Georgia 30303 Mr. James W. Boyd, 4043 Michigan Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Timothy R. Craigheed, Sr., 916 Polk Street, N. W., Roanoke, Virginia 24017 C. W. Francis and Son, Inc., 305 First Street, S. W., Suite 500, Roanoke, Virginia 24011 Mr. and Mrs. Glen A. Taylor, Jr., 4044 Michigan Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Harry L. Brown, 937 Polk Street, N. W., Roanoke, Virginia 24017 Mr. Nelson Vest, 929 Polk Street, N. W., Roanoke, Virginia 24017 Mr. Wendell Brown, P. O. Box 492, Vinton, Virginia 24179 Mr. and Mrs. Frederick Brown, Sr., 925 Polk Street, N. W., Roanoke, Virginia 24017 Ms. Karen B. Robertson and Mr. Douglas L. Sharpe, 919 Polk Street, N. W., Roanoke, Virginia 24017 Ms. Gladys M. Childers, 913 Polk Street, N. W., Roanoke, Virginia 24017 Roy V. Creasy May 6, 1996 Page 3 pc; JRN Chicken Store, Inc., cJo Savage, Savage, and Brown, P. O. Box 22845, Oklahoma City, Oklahoma 73123 Auto Zone, Inc., P. O. Box 2198, Department 4040, Memphis, Tennessee 38101 E. L. Bayse Service Center, Inc., 4040 Melrose Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. James K. Metz, 4041 Melrose Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Randall D. Blevins, 4952 Catawba Creek Road, N. W., Roanoke, Virginia 24019 Ms. Laura W. Perfater, 4030 Dakota Avenue, N. W., Roanoke, Virginia 24017 Ms. Patricia K. Wright, 4019 Michigan Avenue, N. W., Roanoke, Virginia 24017 Hans-Andreas Stowasser, et als, 5409 Warwood Drive, Roanoke, Virginia 24018 Ms. Gatsie A. Jones, 4029 Michigan Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. James K. Metz, 5844 Lakefront Drive, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Lyle W. Meadows, 4037 Michigan Avenue, N. W., Roanoke, Virginia 24017 t 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk April 25, 1996 File #51 Carolyn H. 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 Roy V. Creasy, Attorney, representing Roanoke-Salem Business Center, L.LC., requesting that 22.261 acres of a 27.916 acre tract of land lying on the south side of Melrose Avenue, N. W., across from Peters Creek Road, commonly known as Roanoke-Salem Plaza, identified as Official Tax Nos. 2761701, 2750101 and 2750102, be rezoned from C-2, General Commercial District, and RM-1, Residential Multi-family District, Low Density District, to IPUD, Industrial Planned Unit Development District, with the remaining 5.655 acres to remain zoned as C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. Carolyn H. Coles, Chairperson City Planning Commission April 25, 1996 Page 2 pc~ The Honorable Mayor and Members of the Roanoke City Council Roy V. Creasy, Attorney, 213 S. Jefferson Street, Suite 915, Roanoke, Virginia 24011-1735 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 Roy V. Creasy Attorney At Law Roanoke, Virginia SECOND AMENDED PETITION TO REZONE " IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA IN RE: Rezoning of a portion of a tract of land lying on the south side of Melrose Avenue, NW across from Peters Creek Road commonly known as the Roanoke- Salem Plaza containing 27.916 acres, more or less, identified as Roanoke City Tax Map Numbers 2761701 and 2750101 and 2750102, the portion to be rezoned contains 22.261 acres and will be rezoned from Zoning District C-2, General Commercial District, and RM-1, Residential Multifamily Low Density District, to IPUD-Industrial Planned Unit Development District and the remaining portion containing 5.655 acres shall remain in Zoning District C-2, General Commercial District. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Roanoke-Salem Business Center, L.L.C., has entered into a contract to purchase the above real estate commonly known as the Roanoke-Salem Plaza, Official Tax Map Numbers 2761701, 2750101, and 2~5010~.. Said parcels ar~ currently zone~ C-2, General Commercial District, and RM-1, Residential Multifamlly Low Density District. A map of the part of 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 Petitioners request that 22.261 acres, more Roy V. Creasy Altomey At Law Roanoke, Virginia or less, of the said property be rezoned from C-2, Genera] Commercial District, and RM-1, Residential Multifamily Low Density, District to IPUD and the remaining 5.655, more or less, shall remain in Zoning District C-2 General Commercial District subject to certain conditions set forth below. The Petitioner believes that 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 allow the revitalization of an area which has been unsuccessful as a purely retail shopping center. Upon the completion of the rezoning, it is the intention of the new owners to create a business center which will mix retail businesses with commercial business which will encourage the development of uses including retail, large scale offices, research, commercial distribution and light manufacturing facilities. The Petitioner hereby proffer and agree 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 zoned and developed in substantial conformity with the site plan prepared by Rife & Wood Architects dated March 7, 1996, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required durin¢ development plan review. 2. There shall be no HM, Heavy Manufacturing District use permitted in the IPUD area. 3. The following uses shall be the only permitted uses in -2- Roy V. Creasy Attorney At Law Roanoke, Vir§inia the IPUD District in the event the rezoning is granted: (A) Permitted uses in the LM Light Manufacturing District, as listed in the Roanoke City Code Section 36.1-240. (B) Nonresidential uses permitted in the C-2, General Commercial District, Section 36.1-206, provided the total gross floor area devoted to these uses does not exceed fifteen (15) percent of the gross land area within the IPUD. 4. No outdoor storage will be permitted. 5. Any signage that is to be attached to the existing mall structure shall be done in a coordinated, uniform manner for the various tenants. 6. Any additional security or parking lot lighting shall be shielded away from adjacent residential areas. 7. Present access to Polk Street, N.W. shall be closed concurrent with the opening of the Peters Creek Road extension to Salem Turnpike. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or 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. -3- Roy V. Creasy Attorney At Law Roanoke, Virginia By: Respectfully submitted, ~Q~OKE-SA¥.k~4BUSINESS CENTER, L.L.C. Of C~une~l 1 . Roy V. Creasy, Esquire 213 S. Jefferson Street Suite 915 Roanoke, Virginia 24011-1735 (540) 342-0729 Counsel -4- MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk March 28, 1996 File #51 Carolyn H. 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 Roy V. Creasy, Attorney, representing Roanoke-Salem Business Center, L. LC., requesting that 22.261 acres of a 27.916 acre tract of land lying on the south side of Melrose Avenue, N. W., across from Peters Creek Road, commonly known as Roanoke-Salem Plaza, identified as Official Tax Nos. 2761701, 2750101 and 2750102, be rezoned from C-2, General Commercial District, and RM-1, Residential Multi-family District, Low Density District, to IPUD, industrial Planned Unit Development District, with the remaining 5.655 acres to remain zoned as C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Roy V. Creasy ^t~orney ^t Law Roanoke, Virginia and RM-1, District, Development containing District C-2, District and the remaining 5.655 acres shall remain in General Commercial District. AMENDED FIRST PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE. ~IRGINIA'~ IN RE: Rezoning of a portion of a tract of land lying on the south side of Melrose Avenue, NW across from Peters Creek Road commonly known as the Roanoke- Salem Plaza containing 27.916 acres, more or less, identified as Roanoke City Tax Map Numbers 2761701 and 2750101 and 2750102, the portion to be rezoned contains 22.261 acres and will be rezoned from Zoning District C-2, General Commercial District, Residential Multifamily Low Density to IPUD-Industrial Planned Unit portion Zoning TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY O} ROANOKE: The Petitioner, Roanoke-Salem Business Center, L.L.C., has entered into a contract to purchase the above real estate commonl, known as the Roanoke-Salem Plaza, Official Tax Map Numbers 2761701 2750101, and 2750102. Said parcels are currently zoned C-2 General Commercial District, and RM-1, Residential Multifamily Lo~ Density District. A map of the part of property to be rezoned i~ attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanok~ (1979), as amended, the Petitioners request that 22.261 acres, more Roy V. Creasy Attorney At Law Roanoke, Virginia or less, of the said property be rezoned from C-2, General Commercial District, and RM-1, Residential Multifamily Low Density, District to IPUD and the remaining 5.655, more or less, shall remain in Zoning District C-2 General Commercial District subject to certain conditions set forth below. The Petitioner believes that the rezoning of the said tract of land will further the intent and purposes of the City's zonin¢ ordinance and its comprehensive plan, in that it will allow the revitalization of an area which has been unsuccessful as a purel retail shopping center. Upon the completion of the rezoning, it is the intention of the new owners to create a business cente] which will mix retail businesses with commercial business whic! will encourage the development of uses including retail, large scale offices, research, commercial distribution and ligh~ manufacturing facilities. The Petitioner hereby proffer and agree that if the said trac~ is rezoned as requested, that the rezoning will be subject to, ant that the Petitioner will abide by, the following conditions: 1. The property will be developed in substantial conformity with the site plan prepared by Rife & Wood Architects dated Marck 7, 1996, a copy of which is attached to the Petition for Rezonin¢. as Exhibit B, subject to any changes required during development plan review. 2. There shall be no HM; Heavy Manufacturing was permitte~ in the IPUD area. 3. The following uses shall be the only permitted uses i~ -2- Roy V. Creasy Attorney At Law Roanoke, Vir§inia the IPUD District in the event the rezoning is granted: (A) Principal permitted uses in the LM District as listed ii the Roanoke City Code Section 36.1-240. (B) Nonresidential uses permitted in the C-2, Genera2 Commercial District, Section 36.1-206, provided the total gros~ floor area devoted to these uses does not exceed fifteen (15] percent of the gross land area within the IPUD. 4. No outside storage will be permitted. 5. Any signage that is to be attached to the existing mall structure shall be done in a coordinated, uniform manner for th~ various tenants. 6. Any additional security or parking lot lighting shall be shielded away from adjacent residential areas. 7. Present access to Polk Street, N.W. shall be closed concurrent with the opening of the Peters Creek Road extension tc Salem Turnpike. Attached as Exhibit C are the names, addresses and tax number~ of the owner or owners of all lots or property immediately adjacenl to or immediately across a street or road from the property to bE rezoned. WHEREFORE, the Petitioner requests that the above-describe tract be rezoned as requested in accordance with the provisions o the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ~--~ day of ~C/~- , 1996 -3- Roy V. Creasy Attorney At Law Roanoke, Virginia By: Respectfully submitted, ROANOKE-SALEM BUSINESS CENTER, L.L. C Roy V. Crea y, ,~sqgire 213 S. Jefferson Street suite 915 Roanoke, Virginia 24011-1735 (540) 342-0729 Counsel -4- TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Roanoke Salem Business Center, LLC, Pt. Tax No. 2761701 from ) C-2 to IPUD, Tax No. 2750101, from C-2, to IPUD, and Tax No. ) AFFIDAVIT 2750102, from RM-1 to IPUD, conditional ) COMMONWEALTH OF VIRGINIt CITY OF ROANOKE ) ) TO-WIT: ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to 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 15.1-341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 25th day of March, 1996, notices of a public hearing to be held on the 3rd day of April, 1996, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner, Agent or Occupant Address 2760901 Richard G. West and Doris M. Watson 3130 Franklin Road, SW Roanoke, VA 24014 2760902 2760904 Richard G. West c/o West Motor Sales 3130 Franklin Road, SW Roanoke, VA 24014 2762801 Junior P. and Ila May Agee 5322 Thornrose Road, NW Roankoe, VA 24012 2761104 Harold E. Little and Richard M. Trent 3725 Ryan's Bluff*Drive Cumming, GA 30130 2761105 Crestar Bank c/o Real Estate Division Att. L. Lou Smith P. O. Box 26665 Richmond, VA 23261 2761214 2761215 Krispy Creme Doughnut Corporation P. O. Box 83 Winston-Salem, NC 27102 2761216 2761217 Stephen K. Gibson and Kenneth F. Gibson 4125 Melrose Avenue, NW Roanoke, VA 24017 2761218 Jack G. H Yeh and Joie S. H. Yeh 3411 Williamson Road, NE Roanoke, VA 24012 6070105 Commonwealth of Virginia No address given 6070619 Fairway Construction Co., Inc. 6265 Fairway Forest Drive Roanoke, VA 24018 6070620 Unknown 6070621 Commonwealth of Virginia 6265 Fairway Forest Drive Roanoke, VA 24018 6070134 2750104 2750103 2750903 2750913 2750908 2750501 2750510 2750513 2750515 2750517 2750518 2750518 2760520 2761221 2761212 2761702 2761801 2761312 2761811 2672201 2762202 2762211 2750109 2750108 VDOT Salem District Office Federal Deposit Insurance Corp. James W. Boyd Timothy R. Craighead, Sr. Tammy Craighead C. W. Francis and Son, Inc. Glen A. Taylor, Jr. Geraldine H. Taylor Harry L. Brown Ava W. Brown Nelson Vest Wendell Brown Frederick Brown, Sr. Delores A. Brown Karen B. Robertson Douglas L. Sharpe Gladys M. Childers JRN Chicken Store, Inc c/o Savage, Savage, and Brown Auto Zone, Inc. E. L. Bayse Service Center, Inc. James K Metz Yvonne J. Metz Randall D. Blevins Angela A. Blevins Laura Perfater Patricia K. Wright Hans-Andreas Stowasser, et als 731 Harrison Avenue Salem, VA 24153 285 Peachtree Center Ave, NE Atlanta, GA 30303 4043 Michigan Avenue, NW Roanoke, VA 24017 916 Polk Street, NW Roanoke, VA 24017 305 1st Street, SW, Suite 500 Roanoke, VA 24011 4044Michigan Avenue, NW Roanoke, VA 24017 937 Polk Street, NW Roanoke, VA 24017 929 Polk Street, NW Roanoke, VA 24017 P. O. Box 492 Vinton, VA 24179 925 Polk Street, NW Roanoke, VA 24017 919 Polk Street, NW Roanoke, VA 24017 919 Polk Street, NW Roanoke, VA 24017 913 Polk Street, NW Roanoke, VA 24017 P. O. Box 22845 Oklahoma City, OK 73123 P. O. Box 2198, Dept. 4040 Memphis, TN 38101 4040Melrose Avenue, NV~ Roanoke, VA 24017 4041 Melrose Avenue Roanoke, VA 24017 4952 Catawba Creek Road Roanoke, VA 24019 4030 Dakota Avenue, NW Roanoke, VA 24017 4019 Michigan Avenue Roanoke, VA 24017 5409 Warwood Drive Roanoke, VA 24018 2750107 Gatsie A. Jones 4029 Michigan Avenue, NW Roanoke, VA 24017 2760106 James K. and Yvonne R. Metz 5844 LakefrontDdve Roanoke, VA 24018 2750105 Ruby and Lyle Meadows 4037 Michigan Avenue, NW Roanoke, VA 24017 Martha Pa~e Franklin SUBSCRIBED AND SWORN to before me, a Notmy Public, in the City of Roanoke, Virginia, this 25th day of March, 199~ ~/~ ~ Notary Public My Commission Expires: ~ (~/? NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, April 3, 1996, 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 Roanoke-Salem Business, LLC, represented by Roy V. Creasy, attorney, that property located on Melrose Avenue, N.W., and Michigan Avenue, N.W., be rezoned as follows: a portion of property bearing Official Tax No. 2761701, beginning at a point approximately 250 feet, more or less, south of Melrose Avenue from C-2, General Commercial District, to IPUD, Industrial Planned Unit Development District; property bearing Official Tax No. 2750101, fronting Polk Street, N.W., from C-2, General Commercial District, to IPUD, Industrial Planned Unit Development District; and property bearing Official Tax No. 2750102, fronting Michigan Avenue, NW., from RM-1, Residential Multifamily, Low Density District, to IPUD, Industrial Planned Unit Development District, such rezoning to be 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, March 19, 1996 and March 26, 1996 Please bill: Roy V. Creasy, Esquire 213 S. Jefferson Street, Suite 915 Roanoke, VA 24011-1735 342-0729 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 E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-I536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk March 13, 1996 File #51 Carolyn H. 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 Roy V. Creasy, Attorney, representing Roanoke- Salem Business Center, L. LC., requesting that 22.261 acres of a 27.916 acre tract of land lying on the south side of Melrose Avenue, N. W., across from Peters Creek Road, commonly known as Roanoke-Salem Plaza, identified as Official Tax Nos. 2761701, 2750101 and 2750102, be rezoned from C-2, General Commercial District, and RM-1, Residential Multi-family District, Low Density District, to IPUD, Industrial Planned Unit Development District, with the remaining 5.655 acres to remain zoned as C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:'~R EZONING'~ROANOKE..W p D Carolyn H. Coles, Chairperson March 13, 1996 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Roy V. Creasy, Attorney, 213 S. Jefferson Street, Suite 915, Roanoke, Virginia 24011-1735 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 Roy V. Creasy Attorney At Law Roanoke, Virginia PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKEi~VIRGiNiA IN RE: Rezoning of a tract of land lying on the south side of Melrose Avenue, NW across from Peters Creek Road commonly known as the Roanoke-Salem Plaza containing 27.916 acres, more or less, identified as Roanoke City Tax Map Parcels No. 2761701 and 2750101 and 2750102, the portion to be rezoned contains 22.261 acres and will be rezoned from Zoning District C-2 General Commercial District and RM-1, Residential Multifamily Low Density District to IPUD-Industrial Planned Unit Development District and the remaining portion containing 5.655 acres shall remain in Zoning District C-2 General Commercial District TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY O} ROANOKE: The Petitioner, Roanoke-Salem Business Center, L.L.C., has entered into a contract to purchase the above real estate commonly known as the Roanoke-Salem Plaza, Official Tax Map No. 2761701, 2750101, and 2750102. Said parcels are currently zoned C-; General Commercial District and RM-1 Residential Multifamily Lo~ Density District. A map of the part of 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 Petitioners request that 22.261 acres, more Roy V. Creasy Attorney At Law Roanoke, Virginia or less, of the said property be rezoned from C-2 Genera Commercial District and RM-1 Residential Multifamily Low Densit~ District to IPUD and the remaining 5.655, more or less, shall remain in Zoning District C-2 General Commercial District subject to certain conditions set forth below. The Petitioner believes that the rezoning of the said tract of land will further the intent and purposes of the City's zonin¢ ordinance and its comprehensive plan, in that it will allow the revitalization of an area which has been unsuccessful as a.purelI retail shopping center. Upon the completion of the rezonlng, i' is the intention of the new owners to create a business which will mix retail businesses with commercial business cente: whic] will encourage the development of uses including retail, large scale offices, research, commercial distribution and light manufacturing facilities. The Petitioner hereby proffer and agree that if the said tract is rezoned as requested, that the rezoning will be subject to, an~ that the Petitioner will abide by, the following conditions: 1. The property will be developed in substantial conformit~ with the site plan prepared by Rife & Wood Architects- dated March 7, 1996, a copy of which as Exhibit B, subject to plan review. area. is attached to the Petition for Rezoninc any changes required during developmenl 2. There shall be no heavy manufacturing uses in the IPUI 3. The following uses shall be the only permitted uses ir -2- Roy V. Creasy Attorney At Law Roanoke, Virginia IPUD District in the event the rezoning is granted: (A) Principal permitted uses in the LM District as listed ir the Roanoke City Code Section 36.1-249. (B) Nonresidential uses permitted in the C-2 District, Section 36.1-206, provided the total gross floor area devoted t¢ these uses does not exceed fifteen (15) percent of the gross land area within the IPUD. 4. No outside storage will be permitted. 5. Any signage related to any business or use of the rezoned property shall be located solely on rezoned property except fo~ the existing sign located on Melrose Avenue. Any signage that is to be attached to the existing structure shall be done in a unifor~ manner. 6. Any additional security or parking lot lighting shall be directed away from adjacent residential areas. 7. Present access to Polk Street, N.W. shall be close( concurrent with the opening of the Peters Creek Road extension t( Salem Turnpike. Attached as Exhibit C are the names, addresses and tax number~ of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to bE rezoned. WHEREFORE, the Petitioner requests that the above-describe, tract be rezoned as requested in accordance with the provisions o the Zoning Ordinance of the City of Roanoke. Respectfully submitted this -~-T~ ~ ~_ day of , 1996. -3- Roy V. Creasy Attorney At Law Roanoke, Virginia By: Roy V. Creasy, Esquire 213 S. Jefferson Street Suite 915 Roanoke, Virginia 24011-1735 (540) 342-0729 Counsel Respectfully submitted, -4- c~Z W~l ADJOINING PROPERTY OWNERS TO ROANOKE-SALEM PLAZA PROPERTY (TAX MAP NUMBERS 2761701, 2750101, AND 2750102) Tax Map Number 2760901 Name and Address Richard G. West and Doris M. 3130 Franklin Road, SW Roanoke, VA 24014 Watson 2760902 Richard G. West and Doris M. Watson 3130 Franklin Road, SW Roanoke, VA 24014 2760904 Richard G. West and Betty T. West 3130 Franklin Road, SW Roanoke, VA 24014 2762801 2761104 2761105 2761214 2761215 2761216 2761217 2761218 Junior P. and Ila May Agee 5322 Thornrose Road, NW Roanoke, VA 24012 Harold E. Little and Richard M. Trent 3725 Ryan S. Bluff Drive Cummings, GA 30130 Crestar Bank c/o Real Estate Division Low Smith Post Office Box 26665 Richmond, VA 23261 Krispy Creme Doughnut Corporation Post Office Box 83 Winston Salem, NC 27102 Krispy Creme Doughnut Corporation Post Office Box 83 Winston Salem, NC 27102 Stephen K. Gibson and Kenneth F. 4125 Melrose Avenue, NW Roanoke, VA 24017 Stephen K. Gibson and Kenneth F. 4125 Melrose Avenue, NW Roanoke, VA 24017 Jack E. H. Yeh and Joie S. 3411 Williamson Road, NE Roanoke, VA 24012 2761221 2761212 2761702 2761801 2761811 2762201 2762202 2762211 2750109 2750108 2750107 2750106 2750105 J.R.N. Chicken Store, Inc. c/o Savage, Savage and Brown Post Office Box 22845 Oklahoma City, OK 73123 J.R.N. Chicken Store, Inc. c/o Savage, Savage and Brown Post Office Box 22845 Oklahoma City, OK 73123 Auto Zone, Incorporated Post Office Box 2198 Department #4040 Memphis, TN 38101 E. L. Bayse Service Center, 4040 Melrose Avenue, NW Roanoke, VA 24017 Randall D. and Angela Anne B. 4037 Dakota Avenue, NW Roanoke, VA 24017 Laura Perfater 4030 Dakota Avenue, Roanoke, VA 24017 Laura Wills Perfater 4030 Dakota Avenue, NW Roanoke, VA 24017 Laura Perfater 4030 Dakota Avenue, NW Roanoke, VA 24017 John Kosko Post Office Box 2348 Falls Church, VA 22042 Hans-Andreas Stowasser 4025 Michigan Avenue, NW Roanoke, VA 24017 Gatsie A. Jones 4029 Michigan Avenue, NW Roanoke, VA 24017 James K. and Yvonne R. Metz 4041 Melrose Avenue, N-W Roanoke, VA 24017 Lyle W. and Ruby L. Meadows 4037 Michigan Avenue, NW Roanoke, VA 24017 Inc. Lewis 2750104 2750103 2750903 2750913 2750908 2750501 2750510 2750513 2750515 2750518 2750520 James W. Boyd 4043 Michigan Avenue, Roanoke VA 24017 James W. Boyd 4043 Michigan Avenue, Roanoke VA 24017 Timothy R., Sr. and Tammy L. Craighead 916 Polk Street, NW Roanoke VA 24017 C. W. Francis and Son, 120 Kirk Avenue, SW Roanoke VA 24011 C. W. Francis and Son, 120 Kirk Avenue, SW Roanoke VA 24011 Inc. Glen Alex Taylor, Jr. 4044 Michigan Avenue, Roanoke VA 24017 and Geraldine NW Harry Linwood Brown and Ava W. 937 Polk Street, NW Roanoke, VA 24017 Nelson Vest 929 Polk Street, NW Roanoke, VA 24017 Frederick Brown, Sr. 925 Polk Street, NW Roanoke, VA 24017 and Delores Ann Douglas L. Sharpe 919 Polk Street, NW Roanoke, VA 24017 Gladys M. Childers Route 2 Box 1037 New Castle, VA 24127 MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk June 10, 1996 File #24-51-79-106-137-200-252-289-322 Raymond F. Leven Public Defender Suite 4B Southwest Virginia Building Roanoke, Virginia 24011 Dear Mr. Leven: I am encJosing copy of Ordinance No. 32956-060396 amending and reordaining Sections 7-14, Permit and insoections I'eea of Article I1,~, of Chapter 7, ~uJJgiJJ]g~GuJ~; 11-9, Same - Review and inscection fee, of Chapter 11, Erosion and Sediment Control; 26-4.1, Sewer connection fees and chamea of Article I, In General. of Chapter 26, Sewers and Sewaoe Disoosal; and 30-62, Fee, of Division 2, Permit~ of Article III, ~,~, of Chapter 30, ~ ~, to provide an option for deferred payment of certain fees; and adding new Section 2- 178.2, Defe~ed Payment Pro, rem, to Article VIII, j~.~J:~J~, of Chapter 2, ~, of the Code of the City of Roanoke (1979), as amended, to establish procedures for a deferred payment program, effective on and after July 1, 1996. I am also enclosing copy of Ordinance No. 32959-060396 amending and reordaining Articles I and II, Chapter 19, ~, of the Code of the City of Roanoke (1979), as amended, effective on and after January 1, 1997. Ordinance Nos. 32956-060396 and 32959-060396 were adopted by the Council of the City of Roanoke on first reading on Monday, May 20, 1996, also adopted by the Council on second reading on Monday, June 3, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE: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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk June 10, 1996 File #24-51-79-106-137-200-252-289-322 Evelyn Jefferson, Vice-President - Supplements Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32304 Dear Ms. Jefferson: I am enclosing copy of Ordinance No. 32956-060396 amending and reordaining Sections 7-14, Permit and inseections fees, of Article II,..BuJJ.~IJDG_P,¢~, of Chapter 7, ~dJJJgiJDg.~g~; 11-9, ~ame - Review and insoecfion fee, of Chapter 11, ~ ~]:]~; 26-4.1, Sewer connection fees and char_oas, of Article I, ~, of Chapter 26, Sewers and Sewage_ Disoosal: and 30-62, Fee, of Division 2, Permit. of Article III, ~, of Chapter 30, Streets and Sidewalks. to provide an option for deferred payment of certain fees; and adding new Section 2-178.2, ~ Prooram, to Article VIII, ~, of Chapter 2, ~, of the Code of the City of Roanoke (1979), as amended, to establish procedures for a deferred payment program, effective on and after July 1, 1996. I am also enclosing copy of Ordinance No. 32959-060396 amending and reordaining Articles I and II, Chapter 19, J,~fl~_T]E~, of the Code of the City of Roanoke (1979), as amended, effective on and after January 1, 1997. Ordinance Nos. 32956-060396 and 32959-060396 were adopted by the Council of the City of Roanoke on first reading on Monday, May 20, 1996, also adopted by the Council on second reading on Monday, June 3, 1996. EyelynJelferson, Vice-President-Supplements Municipal Code Corporation June 10,1996 Page 2 Please include Ordinance Nos. 32956-060396 and 32959-060396 in Supplement No. 36 to the Roanoke City Code. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of June, 1996. No. 32956-060396. AN ORDINANCE amending and reordaining Sections 7-14, Permit and inspections fees, of Article II, Building Code, of Chapter 7, Buildinq Regulations; 11-9, Same - Review and inspection fee, of Chapter 11, Erosion and Sediment Control; 26-4.1, Sewer connection fees and charges, of Article I, In General, of Chapter 26, Sewers and Sewage Disposal; and 30-62, Fee, of Division 2, Permit, of Article III, Street Excavations, of Chapter 30, Streets and Sidewalks, to provide an option for deferred payment of certain fees; and adding new Section 2-178.2, Deferred Payment Program, to Article VIII, Finance Generally, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, to establish procedures for a deferred payment program; and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Sections 7-14, Permit and inspections fees, of Article II, Building Code, of Chapter 7, Buildinq Regulations; 11-9, Same Review and inspection fee, of Chapter 11, Erosion and Sediment Control; 26-4.1, Sewer connection fees and charqes, of Article I, In General, of Chapter 26, Sewers and Sewage Disposal; and 30-62, Fee, of Division 2, Permit, of Article III, Street Excavations, of Chapter 30, Streets and Sidewalks, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: Sec. 7-14. Permit and inspection fees. (a) The fees for permits, inspections and reinspections required by the building code adopted by this article shall be in such amounts as are prescribed, from time to time, by the city council and published in the city's fee compendium. With the exception of fees owed for-reinspection of elevators, such fees shall be paid (i) in full prior to the issuance of the permit or the making of the inspection or reinspection, or (ii) pursuant to the Deferred Payment Program set forth in section 2-178.2 of this Code. A schedule of fees shall be made available to the public upon request. (b) Invoices for fees for reinspection of elevators shall be mailed to the elevator owner at the last address of record and shall be due in the office of the city treasurer and payable thirty (30) days after the invoice date. Interest at the rate established by section 2- 178.1 of this Code shall be assessed on all overdue accounts, and no elevator shall be reinspected while any amount of a prior inspection fee and interest for such elevator remains unpaid. (c) The preceding subsections notwithstanding, no fee for the inspection or reinspection of an elevator in a building owned by the city shall be due and payable; no permit fee for maintenance and minor remodeling performed by city employees on city property shall be due or payable. Sec. 11-9. Same - Review and inspection fee. A plan review and inspection fee, in such amount as may be prescribed from time to time by the council, shall be paid (a) in full at the time of filing an erosion and sediment control plan under section 11-8 of this chapter, or (b) pursuant to the Deferred Payment Program set forth in section 2-178.2 of this Code. Sec. 26-4.1. Sewer connection fees and charges. Sewer connection fees and charges shall be such as are, from time to time, fixed and prescribed by the city council. These fees and charges shall be paid (a) in full at the time the application required by sections 26- 4 or 26-8 of this article is filed, or (b) pursuant to the Deferred Payment Program set forth in section 2-178.2 of this Code. 2 Sec. 30-62. Fee. An inspection fee or charge, in such amount as is prescribed by the city council, shall be charged and collected for each permit issued under this division. Such fees shall be paid (a) in full prior to the issuance of the permit, or (b) pursuant to the Deferred Payment Program s~t forth in section 2-178.2 of this Code. Any public utility company or its contractor conducting work requiring a permit in connection with a city or Virginia Department of Transportation sponsored project shall be exempt from such fee. 2. Article VIII, Finance Generally, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, be, and is hereby, amended and reordained by the addition of the following section: Sec. 2-178.2. Deferred Payment Proqram. (a) This program is available only for the payment of only those fees, charges and expenses which are identified in this Code as eligible for payment pursuant to the Deferred Payment Program or pursuant to a City of Roanoke Deferred Payment Agreement. Prior to being eligible to participate in this program, all participants must furnish to the city the following: (1) a completed and properly executed application form, (2) a completed and properly executed deferred payment agreement, and (3) security which shall be in the form of either an irrevocable letter of credit, completed and properly executed deferred payment bond, or cash escrow. (b) The amount of the irrevocable letter of credit, deferred payment bond or cash escrow shall be the maximum amount the participant may owe the city at any one time pursuant to the deferred payment program. When a participant's deferred payment account is at the maximum amount, the participant shall not be permitted to incur more fees, charges or expenses pursuant to this program. (c) The Office of Billings and Collections for the city shall bill the participants of this program on a 3 monthly basis for the amounts charged to their deferred payment account. Within thirty (30) days of the date of such a bill, the participant shall pay the amount indicated on the bill to the city treasurer. Any amounts which have been billed but not paid within thirty (30) days shall be overdue. In addition to the interest assessed pursuant to section 2-178.1 of this chapter, a ten (10%) late payment penalty shall be imposed on all overdue amounts. (d) If any deferred payment program account is overdue by more than thirty (30) days, the city shall seek payment of the overdue account from the security without further notice to the participant, and the participant shall be barred from further participation in this program. (e) The director of finance of the city shall promulgate such other rules and regulations which he deems necessary for the administration of the deferred payment program. 5. This ordinance shall be in full force and effect on and after July 1, 1996. ATTEST: City Clerk. Roanoke City Planning Commission May 20, 1996 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Amendment Section 36.1-710, Zoning, and Section 31-39, Subdivision, Code of the City of Roanoke (1979), as amended. II. Task rome, including representatives from the Planning, Building, Auditing, and City Information Systems departments, has been studying the issue of providing a deferred payment option to customers in the development community. This option would allow contractors, or other applicants, to make application for certain permits and be billed by the City at a later date for those services. Amendments to the City Code are necessary to address the new "Deferred Payment Program" option. Plannine stall, in conjunction with the City Attorney's office, has prepared proposed amendments to the City's zoning and subdivision ordinance in order to facilitate the deferred payment option and "clean up" certain other fee information. A copy of the proposed amendments are attached to this report as Attachment A. Plannine Commission nublic hearing was held on April 3, 1996. Mr. Maflles stated that the Commission had been briefed on the need for the proposed amendments at the March meeting. Mr. Marlles noted that in an effort to improve customer service, staff had been studying a deferred payment plan option, which would allow contractors to make application for certain permits and be billed by the City at a later date for those services. Mr. Marlles also stated that specific references to fees were also being eliminated in the zoning and subdivision ordinances and instead the City's fee compendium was being referenced. B. City hopes to have the Deferred Payment Program in place by July, 1996. Room 162 Municipal Building 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2344 III. Recommendatiotl: By a vote of 5-0 (Mrs. Coles and Mr. Butler absent), the Roanoke City Planning Commission recommended that the zoning ordinance, specifically Section 36.1-710, be amended to reference the new Deferred Payment Program and that the subdivision ordinance, specifically Section 31-39, be mended to reference the new Deferred Payment Program. The proposed amendments will help improve customer service to the City's development community by permitting certain services to be billed by the City at a later date. Respectfully submitted, Carolyn H. Coles, Chairman Roanoke City Planning Commission JRM:mpf attachment cc: Assistant City Attorney City Engineer Building Commissioner Zoning Administrator A'YfACHMENT A Section 36.1-710. Fees generally. (a) The city council shall establish a schedule of fees and charges and a collection procedure for zoning permits, certificates of zoning compliance, appeals, amendments, and other matters pertaining to the regulations prescribed by this chapter. The cost of ail advertising notices required for amendments to this chapter, including rezonings, shall be borne by the applicant. The schedule of fees and charges shall be as set forth in the Fee Compendium of the City of Roanoke and shall be available in the office of the zoning administrator and city clerk and may be altered or amended only by city council. No action will be initiated on any application, appeal, or amendment, and no permit, certificate, special exception, variance, interpretation or amendment will be processed or granted, unless and until ~a)7.,cr.t ~ .L ...... -'~-~.~ ,' .... ~. ....... .s ......... ~.__ t._. m-~ :~ far. eit~r ~ent o/the prescribed fees, c~ges a~ e~e~es h~ been m~de in ~11, or ~ent is &l~ed ~r~t to a Ci~ of R~oke Defemed P~ent A~eement executed by, or on beha~ of a person seeMng a pemit, cert~cate, ~cial exception, v~i~ce, interpretation, amen~ent or se~ices. Section 31-39. Fees for plat review. (a) The city council may establish a schedule of fees, charges, and expenses, including a collection procedure for the review and approval of all plats and applications to vacate plats by the agent. The schedule of fecs, charges and expenses shall be as set forth in the Fee Compendium of the City of Roanoke and shall be made available by the agent and may be altered or amended only by the city council. Upon the filing of an application for the review and approval of all subdivision plats, or an application to vacate plats by the agent, all fees, charges and expenses shaI1 be either paid in.full or paid pursuant to a City of Roanoke Deferred Payment Agreement executed by the person, or his authorized representative, seeking such review and approval or filing such application. NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of §15.1-431, Code of Virginia (1950), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, May 20, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., in order to consider an amendment to Chapter 31, Subdivisions., and Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended. The proposed amendment would amend Section 31-39, Fees for plat review, of Chapter 31, Subdivisions, and Section 36.1-710, Fees qenerally, of Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended, such amendments shall implement the Deferred Payment Program. A copy of said proposed amendment is available for review in the Office of the City Clerk, Room 456, Municipal Building. Questions about the content of the proposed Deferred Payment Program should be directed to the Office of Planning and Community Development, 981-2344. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this lst day of May , 1996. Mary F. Parker, City Clerk. Publish in the l~l~e~.Tl~lll~, once on Thursday, May 2, 1996, and once on Thursday, May 9, 1996. Send publisher's affidavit and bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Publish in the Roanoke Times, once on Friday, May 3, 1996, and once on Friday, May 10, 1996. Send publisher's affidavit and bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Ad Nu~er: 50362140 Publisher's Fee: $142.10 MARY F. PARKER, CITY CLE ROOM 456, MUNICIPAL BUIL 215 CHURCH AVENUE, S.W. ROANOKE, VA 24011-1536 The Roanoke Times 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, 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: 05/03/96 FULL RUN - Friday 05/10/96 FULL RUN - Friday Witness, this 13th day of May 1996 Authorized Signature NOTICE OF PUBLIC HEARING BEFORE 'FILE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, April 3, 1996, 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 Roanoke City Planning Commission to amend Section 36.1-710. Fees Generally., Code of Virginia, (1979), as amended, and Section 31-39. Fees for plat reviesv, Code of Virginia, (1979), as amended, such amendments to reference the payment of fees pursuant to a proposed City of Roanoke Deferred Payment Agreement. A copy of said application is available for review in the Department of Planning and Comnmnity Development, Rotan 162, Municipal Building. All parties in interest aud citizens may appear on the above date and be beard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please print in newspaper on Tuesday, March 19, 1996 and Tuesday, March 26, 1996 Please bill and send affidavit of publication to: Depamnent of Planning and Community Development Room 162, Municipal Bnilding 215 Church Avenue, S.W. Roanoke, VA 24011 May 20, 1996 #96-125 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: SUBJECT: Deferred Payment Program for Permit Fees I. Background: II. A. Permit fees are currently paid in advance as required in Section 7-14 Permit and Inspection Fees, Section 11-9 Erosion and Sediment Control, Chapter 26 - Sewers and Sewage Disposal, and Chapter 30 - Streets and Sidewalks of the City Code of the City of Roanoke (1979), as amended. B. The development community has requested a method whereby permit fees can be billed on a monthly basis. C. A task force of representatives from several City departments has recommended implementation of a deferred payment program for the development community. D. A joint Roanoke City and Roanoke County staff development review team agrees that this is an area we can both improve. Roanoke County already has a program of deferred payment for some permit fees. E. Volume I of the Uniform Statewide Building Code allows delayed payment of fees. F. Similar action was approved for elevator inspection fees in January, 1993, allowing for payment either before or after inspection. Current Situation: A. A July 1, 1996, implementation is recommended. B. Procedures recommended by the implementation team include: 1. Participants of the program must post a bond for the amount set forth as their maximum credit limit. Charges cannot exceed this limit at any time. 2. Fees will be billed monthly by the Office of Billings and Collections. 3. Payments will be paid to the City Treasurer. The Honorable Mayor and Members of City Council Page 2 May 20, 1996 III. Issues: The Office of Billings and Collections will follow up on overdue accounts. The posted bond will cover the amount of any account more than 30 days past due, and the participant will be barred from further participation in the program. A. Customer Service B. Regional Cooperation C. Efficiency Alternatives: City Council approve the recommended amendments to Section 7-14, Section 11- 9, Section 26-4.1, Section 30-62 of the Code of the City of Roanoke (1979), as amended, and the addition of new Section 2-178.2, to provide for deferred payment of permit fees. City Council approve changes to the Fee Compendium per Attachment A and authorize the Director of Finance to amend the Fee Compendium to reflect those changes enacted by City Council. Customer service would be greatly enhanced to our external customers since many of the permits could be issued by telephone, mail, or fax. This would eliminate numerous trips by the developer to the Municipal Building for the purpose of obtaining permits. Regional cooperation between Roanoke City and Roanoke County permit billing procedures would be achieved. Efficiency would be improved due to a reduction in walk-in traffic. This in tum would reduce interruptions thereby decreasing processing time and errors. City Council deny the recommended amendments to Section 7-14, Section 11-9, Section 26-4.1, Section 30-62 of the Code of the City of Roanoke (1979), as amended, to provide for deferred payment of permit fees. City Council deny any changes to the Fee Compendium. Customer service would not be enhanced and customers will continue to experience the problem of lost time. The Honorable Mayor and Member of City Council Page 3 May 20, 1996 2. Regional cooperation would not be achieved. 3. Efficiency would not be improved and developers will continue to complain about parking and having to come to the Municipal Building for permits. Recommendations: City Council concur in Alternative "A" and take the following actions: A. Approve the proposed code amendments to Section 7 - 14, Section 11- 9, Section 26 - 4.1, Section 30-62 of the City Code, and the addition of a new §2-178.2 establishing procedures for administration of a deferred payment program. B. Approve changes to the Fee Compendium per Attachment A and authorize the Director of Finance to amend the Fee Compendium to reflect those changes enacted by City Council. Respectfully submitted, W. Robert Herbert City Manager Attachments CCi City Attomey Director of Finance Director of Public Works Municipal Auditor Building Commissioner Acting Chief, Billings and Collections BUILDING, MOVING, AND RAZING PERMIT ASSESSING DEPARTMENT: Building Inspections COLLECTION DEPARTMENT: City Treasurer DESCRIPTION: The fee for a building permit is levied on building construction in accordance with the Virginia Uniform Statewide Building Code. The amount of the estimated labor and materials or contract amount determines the fee. An individual may file an amended permit if costs exceed the original estimate. SERVICE CHARGE: Fee schedule on the following page. These fees shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. LEGAL AUTHORIZATION: Resolution No. 28075, April 7, 1986 Resolution No. 30989, May 11, 1992 Roanoke City Code, Sec 7-14 CURRENT BUILDING, MOVING, AND RAZING PERMIT FEES VALUATION FE__[ VALUATION FE__[E VALUATION FE.~E 93,000.00 9 24.00 $44,000.00 9228.00 4,000.00 24.00 45,000.00 232.50 5,000.00 30.00 46,000.00 237.00 6,000.00 36.00 47,000.00 241.50 7,000.00 42.00 48,000.00 246.00 8,000.00 48.00 49,000.00 250.50 9,000.00 54.00 50,000.00 255.00 10,000.00 60.00 51,000.00 259.50 11,000.00 66.00 52,000.00 264.00 12,000.00 72.00 53,000.00 268.50 13,000.00 78.00 54,000.00 273 .O0 14,000.00 84.00 55,000.00 277.50 15,000.00 90.00 56,000.00 282.00 16,000.00 96.00 57,000.00 286.50 17,000.00 102.00 58,000.00 291.00 18 ,O00.00 108.00 59,000.00 295.50 19,000.00 114.00 60,000.00 300.00 20,000.00 120.00 61,000.00 304.50 62,000.00 309.00 63,000.00 313.50 64.000.00 318.00 Over 920,000.00 equals 9120.00 65,000.00 322.50 plus 94.50 per M 66,000.00 327.00 21,000.00 124.60 67,000.00 331.50 22,000.00 129.00 68,000.00 336.00 23,000.00 133.50 69,000.00 340.50 24,000.00 138.00 70,000.00 345.00 25,000.00 142.50 71,000.00 349.50 26,000.00 147.00 72,000.00 354.00 27,000.00 151.50 73,000.00 358.50 28,000.00 156.00 74,000.00 363.00 29,000.00 160.60 75,000.00 367.50 80,000.00 165.00 76,000.00 372.00 31,000.00 169.50 77,000.00 376.50 32,000.00 174.00 78,000.00 381.00 33,000.00 178.50 79,000.00 385.50 34,000.00 183.00 80,000.00 390.00 35,000.00 187.50 81,000.00 394.50 36,000.00 192.00 82,000.00 399.00 37,000.00 196.50 83,000.00 403.50 38,000.00 201.00 84,000.00 408.00 39,000.00 205.50 85,000.00 412.50 40,000.00 210.00 86,000.00 417.00 41,000.00 214.50 87,000.00 421.50 42,000.00 219.00 88,000.00 426.00 43,000.00 223.50 99,000.00 430.50 90,000.00 9 435.00 91,000.00 439.50 92,000.00 444.00 93,000.00 448.50 94,000.00 453.00 95,000.00 457.50 96,000.00 462.00 97,000.00 466.50 98,000.00 471.00 99,000.00 475.50 100,000.00 480.00 Over $100,O00 equals $480.00 plus $3.00 per M Figure Fractions From Hare $ 200,000.00 9 780.00 300,000.00 1,080.00 400,000.00 1,380.00 500,000.00 1,660.00 600,000.00 1,830.00 700,000.00 1,980.00 800,000.00 2,130.00 900,000.00 2,280.00 1,000,000.00 2,430.00 Over $1,000,000.00 equals $2,430.00 plus $.75 per Thousand CERTIFICATE OF OCCUPANCY - CHANGE OF USE ASSESSING DEPARTMENT: Building Inspections COLLECTION DEPARTMENT: City Treasurer DESCRIPTION: Fee charged when an individual or firm wishes to change the use of an existing structure and obtain a new Certificate of Occupancy (COA). SERVICE CHARGE: $30.00 This fee shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. LEGAL AUTHORIZATION: Resolution No. 30124, June 25, 1990 Roanoke City Code, Sec 36.1 - 710 CERTIFICATE OF OCCUPANCY - TEMPORARY ASSESSING DEPARTMENT: Building Inspections COLLECTION DEPARTMENT: City Treasurer DESCRIPTION: Fee charged to issue a temporary Certificate of Occupancy for a building that is substantially complete, but lacks some component that is necessary for a final certificate to be issued. SERVICE CHARGE: $25.00 This fee shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. LEGAL AUTHORIZATION: Resolution No. 30989, May 11, 1992 Roanoke City Code, Sec 36.1-710 CERTIFICATE OF OCCUPANCY - PERMANENT ASSESSING DEPARTMENT: COLLECTION DEPARTMENT: DESCRIPTION: SERVICE CHARGE: LEGAL AUTHORIZATION: Building Inspections City Treasurer Fee charged to issue a permanent Certificate of Occupancy for a building. $25.00 This fee shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. Resolution No. 30989, May 11, 1992 Roanoke City Code, Sec 36.1-710 DEMOLITION ADMINISTRATION ASSESSING DEPARTMENT: Building Inspections COLLECTION DEPARTMENT: City Treasurer DESCRIPTION: Fee for the administrative tasks involved in boarding up and demolishing structures that have been abandoned. Also, a surcharge on the City's demolition cost of a structure that the owner would not take responsibility of demolishing as ordered by the Building Commissioner. The City must arrange to have the work done. SERVICE CHARGE: ~16.00 and a 20% surcharge on the demolition cost This fee shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. LEGAL AUTHORIZATION: Resolution No. 30124, June 25, 1990 Roanoke City Code, Sec 7-14 ELECTRICAL INSPECTION AND PERMIT FEES ASSESSING DEPARTMENT: Building Inspections COLLECTION DEPARTMENT: City Treasurer DESCRIPTION: Fee for the inspection of electrical wiring. The amount of the estimated cost or contract amount determines the fee. When the permit is issued on the basis of estimated cost and the actual cost of such work exceeds one hundred dollars, the person, firm, or corporation obtaining such permit shall, within ninety days after completion of the work, file a report of such actual cost with the Office of the Building Commissioner. Should the fee based on the final cost exceed the permit fee previously paid on such work, the difference should be paid by the permittee to Building Inspections, and a supplemental permit shall be issued by the electrical inspector. SERVICE CHARGE: Amount of Contract ~ Fee $ .01 $ 100.00 $ 20.00 100.01 200.00 25.00 200.01 300.00 35.00 300.01 500.00 45.00 500.01 1,000.00 55.00 1,000.01 2,000.00 65.00 2,000.01 3,000.00 75.00 3,000.01 4,000.00 85.00 4,000.01 5,000.00 95.00 Over 5,000 $95 plus $5 for each additional thousand or fraction thereof These fees shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. LEGAL AUTHORIZATION: Resolution No. 30989, May 11, 1992 Roanoke City Code, Sec 7-14 FIRE SUPPRESSION SYSTEMS ASSESSING DEPARTMENT: Building Inspections COLLECTION DEPARTMENT: City Treasurer DESCRIPTION: In order to comply with the Building Code, some buildings are required to have fire suppression systems of various types. Inspections of the wiring and electrical components are done by one of the electrical inspectors, and the water or chemical flow and testing are done by one of the mechanical inspectors. SERVICE CHARGE: System Cost Service Charoe Up to $20,000 $21,000 to $100,000 Above $100,000 $17 per $1,000 $13 per $1,000 plus $340 $ 8 per $1,000 plus $1,380 These fees shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. LEGAL AUTHORIZATION: Resolution No. 30124, June 25, 1990 Roanoke City Code, Sec 7-14 HEATING/MECHANICAL PERMITS ASSESSING DEPARTMENT: BuiLding Inspections COLLECTION DEPARTMENT: City Treasurer DESCRIPTION: Fee charged for obtaining a heat/mechanical permit. This permit is required before any work is performed. SERVICE CHARGE: Up to $3,000 $3,000- $20,000 $21,000- $100,000 Above $100,000 Above $1,000,000 $27 $9 per $1,000 $7 per $1,000 plus $180 $4 per $1,000 plus $740 $1 per $1,000 plus $4,340 These fees shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement, LEGAL AUTHORIZATION: Resolution No. 30124, June 25, 1990 Roanoke City Code, Sec 7-14 PLUMBING INSPECTIONS ASSESSING DEPARTMENT: Building Inspections COLLECTION DEPARTMENT: City Treasurer DESCRIPTION: There are a variety of different types of plumbing permits which tend to be lumped together for purposes of reporting. However, some of these plumbing permits require substantially different amounts of time, which in turn affects the price. SERVICE CHARGE: Fee schedule is on the following page. These fees shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. LEGAL AUTHORIZATION: Resolution No. 30124, June 25, 1990 Resolution No. 30989, May 11, 1992 Roanoke City Code, Sec 7-14 PLUMBING INSPECTIONS Interceptors Each residential building sewer 25.00 25.00 Commercial building sewers (storm and sanitary), water lines and gas lines. System Cost Up to $5,000 5,001 to 20,000 20,001 to 100,000 above 100,000 $6 per $1,000 + $5 per $1,000 + $4 per $1,000 + $30.00 30.00 120.00 520.00 Each water heater & energy supply Each gas piping system of I to 4 outlet (10.00) Each gas outlet over 4 Each plumbing fixture or floor drain: 25.00 20.00 20.00 5.00 I thru 4 fixtures, floor drains or roof drains 5 thru 15 fixtures, floor drains or roof drains - $5 per fixture + Above 15 fixtures, floor drains or roof drains $2 per fixture + 20.00 20.00 75.00 Disposals and dishwashers are considered the same as a fixture. Backflow preventors/backwater valves 20.00 Minor repairs may be made without a permit to water lines, traps, and faucets. When replacing a residential sewer line, the fee is $25.00. Fee for replacing or new water line is $20.00. RE-INSPECTION FEES ASSESSING DEPARTMENT: Building Inspections COLLECTION DEPARTMENT: City Treasurer DESCRIPTION: SERVICE CHARGE: Re-inspections are required for the following reasons: a. Failure to make necessary corrections identified at a previous inspection (s). b. Job not ready for an inspection. c. Facility locked; scheduled inspection could not be made. d. Work being performed without required permit(s) (U.S.B.C. 112.3). The owners/contractors are notified in writing by the field inspector using a field correction notice when a reinspection fee is due. When the fee is paid, the inspection technician will give a copy of the receipt to the inspector that has levied the fee. $25.00 This fee shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. LEGAL AUTHORIZATION: Resolution No. 30989, May 11, 1992 Roanoke City Code, Sec 7-14 SEWER CONNECTION CHARGES ASSESSING DEPARTMENT: Building Inspections COLLECTION DEPARTMENT: City Treasurer DESCRIPTION: This a one time fee (privilege fee) for connecting an individual to the City's sewer system, SERVICE CHARGE: 4" and 6" sewer connection $ 452.26 8" sewer connection 1,130.65 10" and larger sewer connection 2,261.30 These fees shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement, LEGAL AUTHORIZATION: Ordinance No. 31783, December 20, 1993 Roanoke City Code, Sec 26-4.1 SEWER EXTENSION ASSESSING DEPARTMENT: Engineering COLLECTION DEPARTMENT: City Treasurer DESCRIPTION: Fee charged for determining whether there is an existing sanitary sewer facility available for a particular piece of property. This typically requires time spent in the office reviewing drawings and evaluating the existing sewer system. In about 80 percent of the cases, field surveying will also have to be done to make a determination regarding sewer availability. SERVICE CHARGE: $50.00 deposit and 50% of actual costs determined per Engineering construction cost estimates. An exception to this charge would be in those cases where the request for a sewer estimate stems from an immediate danger to citizen health or safety, such as in the event of a failed septic tank. This fee shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. LEGAL AUTHORIZATION: Resolution No. 30124, June 25, 1990 Roanoke City Code, Sec 26-8 STREET OPENING PERMITS FOR CURB AND GUTTER, PRIVATE DRIVEWAYS, SIDEWALKS AND UTILITY CUTS ASSESSING DEPARTMENT: Building Inspections COLLECTION DEPARTMENT: City Treasurer DESCRIPTION: Fee charged for permits allowing openings to be made in the City's streets. Any public utility company or its contractor conducting work requiring a permit in connection with a City or Virginia Department of Transportation sponsored project shall be exempt from such fee. SERVICE CHARGE: LEGAL AUTHORIZATION: $36.00 This fee shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. Resolution No. 30124, June 25, 1990 Ordinance No. 31606, August 9, 1993 Roanoke City Code, Sec 30-9, 30-62, 30-65, 30-79 TANK INSTALLATION AND REMOVAL ASSESSING DEPARTMENT: Building Inspections COLLECTION DEPARTMENT: City Treasurer DESCRIPTION: The installation of flammable liquid or liquefied petroleum gas storage tanks requires an inspection to ensure the tank is properly installed. The removal of flammable liquid and liquefied petroleum gas storage tanks requires an inspector to ensure that the tank is properly removed and any contaminants are taken care of. SERVICE CHARGE: System Cost Service Charae Up to $3,000 $3,000 - $20,000 $21,000- $100,000 Over $100,000 Over $1,000,000 $27 $9 per $1,000 $7 per $1,000 plus $180 $4 per $1,000 plus $740 $I per $1,000 plus $4,340 These fees shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. LEGAL AUTHORIZATION: Resolution No. 30124, June 25, 1990 Roanoke City Code, Sec 7-14 BOARD OF ZONING APPEALS SPECIAL EXCEPTIONS ASSESSING DEPARTMENT: COLLECTION DEPARTMENT: DESCRIPTION: SERVICE CHARGE: LEGAL AUTHORIZATION: Community Planning City Treasurer Fee charged to individuals wishing to file a special exception request with the Board of Zoning Appeals. $75.00 This fee shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. Resolution No. 30989, May 11, 1992 Roanoke City Code, Sec 36.1-710 BOARD OF ZONING APPEALS - VARIANCE ASSESSING DEPARTMENT: COLLECTION DEPARTMENT: DESCRIPTION: SERVICE CHARGE: LEGAL AUTHORIZATION: Community Planning City Treasurer Fee charged to individuals wishing to file an appeal before the Board of Zoning Appeals. $75.00 This fee shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. Resolution No. 30989, May 11, 1992 Roanoke City Code, Sec 36.1-710 COMPREHENSIVE DEVELOPMENT PLAN REVIEW ASSESSING DEPARTMENT: Community Planning COLLECTION DEPARTMENT: City Treasurer DESCRIPTION: The Comprehensive Development Plan Review process requires that detailed drawings and calculations be submitted for certain projects. These plans depict all site improvements that will be required under the City's Land Development Regulations. Most of these submittals can be handled administratively, and therefore do not have to be approved by the Planning Commission. The plans are submitted to the Building Inspections Department and then forwarded to Community Planning. From there, the plans are generally distributed to the Engineering, Building, and Water Departments for review. Usually a second submittal is required to address comments raised during the first review cycle. Once the plans adequately address the City's concerns, they are approved and a building permit can be obtained. SERVICE CHARGE: $100.00 per acre or part thereof This fee shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. LEGAL AUTHORIZATION: Resolution No. 30124, June 25, 1990 Roanoke City Code, Sec 36.1-710 REZONING APPLICATION ASSESSING DEPARTMENT: COLLECTION DEPARTMENT: DESCRIPTION: SERVICE CHARGE: Community Planning City Clerk Fee assessed to process an application for amendment to the zoning map. Rezoning to RA or RS District $ 25.00 Rezoning to RM-1 or RM-2 District 100.00 plus 10.00 per acre or part thereof Rezoning to RM-3 or RM-4 District 150.00 plus 10.00 per acre or part thereof Rezoning to Commercial District 300.00 plus 10.00 per acre or part thereof Rezoning to LM or HM District 300.00 plus 10.00 per acre or part thereof Rezoning to RPUD or IPUD District 300.00 plus 10.00 per acre or part thereof Rezoning to H-1 or H-2 District 25.00 Amendments to conditions of a conditional rezoning 50.00 These fees shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. LEGAL AUTHORIZATION: Roanoke City Code, Sec 36.1-710 SIGN PERMITS ASSESSING DEPARTMENT: Community Planning COLLECTION DEPARTMENT: City Treasurer DESCRIPTION: Sign permits are issued to ensure compliance with zoning requirements, protect the safety of the citizens and property of the City, as well as for aesthetic purposes. The sign permitting activity is accomplished by the Assistant Zoning Administrator and the Zoning Inspector. The fee shall be paid by or on behalf of the owner of each awning, marquee, sign, street clock and/or street thermometer for which a permit is required. SERVICE CHARGE: Ground Sign or Post Sign: 0 to 30 square feet $ 15.00 31 to 100 square feet 30.00 101 to 300 square feet 60.00 301 to 600 square feet 90.00 Over 600 square feet 120.00 Wall Sign: Up to 6 square feet in area 8.00 Over 6, but not more than 150 square feet in area 15.00 Over 150, but not more than 300 square feet in area 25.00 Over 300 square feet in area 30.00 Proiecting Sign: Shingle type, not over 6 square feet in area 5.00 Over 6, but not exceeding 60 square feet in area 15.00 Over 60 square feet in area 20.00 SERVICE CHARGE: (CONTINUED) Awning $ 15.00 Marquee Sign 15.00 Street Clock and/ or Street Thermometer 15.00 Temporary Sign Permit: 0 to 30 square feet 31 to 60 square feet 30.00 45.00 These fees shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. LEGAL AUTHORIZATION: Resolution No. 30124, June 25, 1990 Roanoke City Code, Sec 36.1-710 EROSION AND SEDIMENT CONTROL PLAN REVIEW ASSESSING DEPARTMENT: Community Planning COLLECTION DEPARTMENT: City Treasurer DESCRIPTION: An erosion and sediment control plan must be filed with the Planning and Community Development Department prior to beginning site work on a development project. SERVICE CHARGE: $30.00 per acre or part thereof This fee shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. LEGAL AUTHORIZATION: Resolution No. 30124, June 25, 1990 Roanoke City Code, Sec 11-9 Roanoke City Code, Sec 36.1-710 SUBDIVISION PLAT VACATION REVIEW ASSESSING DEPARTMENT: Community Planning COLLECTION DEPARTMENT: City Treasurer DESCRIPTION: An applicant will desire to have existing plats that were established through the subdivision process vacated or eliminated. This review process is similar to a subdivision review, but requires considerably more legal and deed research. SERVICE CHARGE: 50.00 This fee shall be payable upon application or payment pursuant to a City of Roanoke Deferred Payment Agreement. LEGAL AUTHORIZATION: Resolution No. 30124, June 25, 1990 Roanoke City Code, Sec 31-39 SUBDIVISION REVIEW ASSESSING DEPARTMENT: COLLECTION DEPARTMENT: DESCRIPTION: SERVICE CHARGE: Community Planning City Treasurer Fee required for approval of subdivision plats. Subdivision of 3 lots or less $50.00 Subdivision of more than 3 lots 50.00 plus $15.00 per lot in excess of 3 These fees shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. LEGAL AUTHORIZATION: Roanoke City Code, Sec 31-39 ZONING PERMIT ASSESSING DEPARTMENT: Community Planning COLLECTION DEPARTMENT: City Treasurer DESCRIPTION: An application for a zoning permit and plans must be submitted in triplicate with the appropriate information. SERVICE CHARGE: $10.00 This fee shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. LEGAL AUTHORIZATION: Roanoke City Code, Sec 36.1-710 MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.V~, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk June 12, 1996 File #24-79-106-137-322 Lucy P. Mullis Executive Director Williamson Road Area Business Assoc. 3312 Williamson Road, N. W. Roanoke, Virginia 24012 R. Matthew Kennell Executive Director Downtown Roanoke, Inc. 310 First Street, S. W. Roanoke, Virginia 24011 John Stroud, President Roanoke Regional Chamber of Commerce 310 First Street, S. W. Roanoke, Virginia 24011 Dear Ms. Mullis and Gentlemen: I am enclosing copy of Ordinance No. 32959-060396 amending and reordaining Articles I and II, Chapter 19, J,j~, of the Code of the City of Roanoke (1979), as amended, effective on and after January 1, 1997. Ordinance No. 32959-060396 was adopted by the Council of the City of Roanoke on first reading on Monday, May 20, 1996, also adopted by the Council on second reading on Monday, June 3, 1996. Sincerely, Sandre H. Eakin Deputy City Clerk SHE:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of June, 1996. No. 32959-060396. AN ORDINANCE amending Article I. In General and Article II. Business~ Professional and Occupational License Taxation, of Chapter 19, License Tax Code, of the Code of the City of Roanoke (1979), as amended, by the addition of new Sections 19-1.1, Intent of this chapter~ levy and purpose of taw; 19-1.2, License requirement; requiring evidence of payment of business license, business personal DroDert¥~ meals and admissions taxes; 19-1.3, Exceptions; 19-22.1, Limitations and extensions; 19-32.1, Appeals and rulings; 19-32.2, Situs of gross receipts~ qeneral rule; 19- 32.3, ADDortionment of qross receipts and agreements; by amending Sections 19-2, Definitions; 19-5, Appointment and qeneral powers and duties of license inspector and deputies; 19-9, Separate license for each place and class of business; 19-11, Application for license~ applicant's oath; 19-20, When tax payable; installment payment~ penalty for late payment~ report and collection of delinquencies; 19-24, Term of license~ proration of tax; 19-30, TaxDayer's records; and 19-45, License tax categories and rates; by REPEALING Sections 19-4, License year; 19-8, License required; 19-10, Separate license for each class of business; 19-13, Levy and purpose of taxes; 19-14, Tax not imposed contrary to state or federal law; and 19-15, Liability for tax qenerall¥; and providing for an effective date. WHEREAS, the City of Roanoke did on Sunday, May 12, 1996, duly and legally publish in The Roanoke Times, a newspaper having general circulation in the City, a notice that the issuance fee for the license tax is recommended to be $50.00; and WHEREAS, a public hearing was held on said issuance fee by this Council at its regular meeting on May 20, 1996, at 7:00 p.m., after due and timely notice thereof by publication in The Roanoke Times, at which hearing all citizens were afforded the opportunity to be heard on said proposed $50.00 license issuance fee. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Article I. In General, of Chapter 19, License Tax Code, of the Code of the City of Roanoke (1979), as amended, be, and is hereby, amended and reordained by the addition of the following sections: Article I. In General. S19-1.1. Intent of this chapter; levy and purpose of tax. It is hereby declared to be the intent of this chapter that, in order to distribute the tax burden of the city, any business employment or profession located or conducted in the city, and the persons, firms, associations and corporations engaged therein and the agents thereof, shall, except as otherwise specifically provided, be subject to an annual license issuance fee and license tax under this chapter. There is hereby levied and there shall be assessed and collected a fifty dollar ($50.00) fee for issuing each license required by the chapter as well as license taxes as set forth in this chapter, for each and every license year until otherwise changed, which license taxes shall be for the support of the city government, the payment of the city debts and interest thereon and for other municipal purposes. 2 Sec. 19-1.2. License required; requiring evidence of payment of business license, business personal property~ meals and admissions taxes. (a) Whenever a license is required by this chapter, it shall be unlawful to engage in any business, employment or profession for which a license issuance fee or license tax is imposed by this chapter, without first obtaining the required license. (b) No business license under this chapter shall be issued until the applicant has produced satisfactory evidence that all delinquent business license, personal property, meals, transient occupancy, severance and admissions taxes owed by the business to the city have been paid. (c) Any person who engages in a business without obtaining the required license, or after being refused a license, shall not be relieved of the license issuance fee or license tax imposed by the Chapter. (d) If any person shall commence to engage in any business, employment or profession licensable under this chapter without first obtaining such license, such person shall be guilty of a misdemeanor, and, unless otherwise specifically provided by this chapter, shall on conviction thereof, be fined not more than one thousand dollars ($1,000.00). Such conviction thereof shall not relieve any such person from the payment of the license issuance fee or license tax prescribed by this chapter. If such violation is continued for one month, such person shall moreover be subject to a penalty of ten (10) percent of the amount of the license tax which was due and payable at the beginning of such month, in addition to the license tax imposed by this chapter, and such penalty shall be assessed and paid along with the license tax and shall become a part of the license tax and shall be enforced in the manner provided by the law for the enforcement of the collection of other taxes. (e) If the commissioner of revenue has knowledge of a violation of this section, it shall be his duty to cause the person in violation to be summoned before him to obtain the required license, or to cause such person to be summoned before the general district court to be tried for the violation, or both. The duty herein imposed on the commissioner shall not relieve the police force of the city from the general duty of enforcing the provisions of this chapter or any other ordinance of the city. 3 Sec. 19-1.3. Exceptions. (a) No license issuance fee or license tax shall be imposed or levied: On any public service corporation except as provided in S 58.1-3731, Code of Virginia (1950), as amended, or as permitted by other provisions of state law; For selling farm or domestic products or nursery products, ornamental or otherwise, or for the planting of nursery products, as an incident to the sale thereof, outside of the regular market houses and sheds of such county, city or town; provided, such products are grown or produced by the person offering such products for sale; Upon the privilege or right of printing or publishing any newspaper, magazine, newsletter or other publication issued daily or regularly at average intervals not exceeding three months, provided the publication's subscription sales are exempt from state sales tax, or for the privilege or right of operating or conducting any radio or television broadcasting station or service; On a manufacturer for the privilege of manufacturing and selling goods, wares and merchandise at wholesale at the place of manufacture; On a person engaged in the business of severing minerals from the earth for the privilege of selling the severed mineral at wholesale at the place of severance, except as provided in sections 58.1-3712 and 58.1-3713 Code of Virginia (1950), as amended; Upon a wholesaler for the privilege of selling goods, wares and merchandise to other persons for resale unless such wholesaler has a definite place of business or store in the city or town; this subsection shall not be construed as prohibiting the city from imposing a local license issuance fee or license tax on a peddler at wholesale pursuant to S19-81 of this chapter; Upon any person, firm or corporation for engaging in the business of renting, as the 4 owner of such property, real property other than hotels, motels, motor lodges, auto courts, tourist courts, travel trailer parks, lodging houses, rooming houses and boardinghouses; however, any such license tax imposed on January 1, 1974, shall not be precluded from the levy of such tax by the provisions of this subsection; Upon a wholesaler or retailer for the privilege of selling bicentennial medals on a nonprofit basis for the benefit of the Virginia Independence Bicentennial Commission or any local bicentennial commission; On or measured by receipts for management, accounting, or administrative services provided on a group basis under a nonprofit cost-sharing agreement by a corporation which is an agricultural cooperative association under the provisions of section 13.1-312 et seq., Code of Virginia (1950), as amended, or a member or subsidiary or affiliated association thereof, to other members of the same group; this subsection shall not exempt any such corporation from such license or other tax measured by receipts from outside the group; 10. On or measured by receipts or purchases by a corporation which is a member of an affiliated group of corporations from other members of the same affiliated group; this exclusion shall not exempt affiliated corporations from such license or other tax measured by receipts or purchases from outside the affiliated group; this exclusion also shall not preclude the city from levying a wholesale merchant's license issuance fee or license tax on an affiliated corporation on those sales by the affiliated corporation to a nonaffiliated person, company, or corporation, notwithstanding the fact that the wholesale merchant's license tax would be based upon purchases from an affiliated corporation; such tax shall be based on the purchase price of the goods sold to the nonaffiliated person, company, or corporation; As used in this subsection the term "sales by the affiliated corporation to a nonaffiliated person, company or corporation" shall mean sales by the affiliated corporation to a nonaffiliated person, company or corporation where goods 5 11. 12. 13. 14. 15. 16. 17. sold by the affiliated corporation or its agent are manufactured or stored in the Commonwealth prior to their delivery to the nonaffiliated person, company or corporation. On any insurance company subject to taxation under section 58.1-2500 et seq., Code of Virginia (1950), as amended, or on any agent of such company; On any bank or trust company subject to taxation under § 58.1-1200 et seq., Code of Virginia (1950), as amended; Upon a taxicab driver, if the city has imposed a license tax upon the taxicab company for which the taxicab driver operates; On any blind person operating a vending stand or other business enterprise under the jurisdiction of the Department for the Visually Handicapped, or a nominee of the Department, as set forth in §63.1-164 Code of Virginia (1950), as amended; On any hospital, college, university, or other institution of learning not organized or conducted for pecuniary profit which by reason of its purposes or activities is exempt from income tax under the laws of the United States unless such tax was enacted by the city prior to January 15, 1991; the provisions of this subsection shall expire on July 1, 1997; On an accredited religious practitioner in the practice of the religious tenets of any church or religious denomination; "Accredited religious practitioner" shall be defined as one who is engaged solely in praying for others upon accreditation by such church or religious denomination; On or measured by receipts of a charitable nonprofit organization except to the extent the organization has receipts from an unrelated trade or business the income of which is taxable under Internal Revenue Code S 511 et seq; for the purpose of this subsection, "charitable nonprofit organization" means an organization which is described in Internal Revenue Code S 501(c) (3) and to which contributions are deductible by the contributor under Internal Revenue Code 6 § 170, except that educational institutions shall be limited to schools, colleges and other similar institutions of learning. 18. On or measured by gifts, contributions, and membership dues of a nonprofit organization; activities conducted for consideration which are similar to activities conducted for consideration by for-profit businesses shall be presumed to be activities that are part of a business subject to licensure; for the purpose of this subsection, "nonprofit organization" means an organization exempt from federal income tax under Internal Revenue Code ~501 other than charitable nonprofit organizations; or 19. On any venture capital fund or other investment fund, except commissions and fees of such funds. However, gross receipts from the sale and rental of real estate and buildings remain taxable by the city provided the real estate is located in the city and provided the city is otherwise authorized to tax such business and rental of real estate. (b) Nothing contained in this chapter shall be construed as attempting to impose any license issuance fee or license tax on any business, occupation, trade, calling or profession, or on any part thereof, that is exempt by state or federal law from local license taxation. Sec. 19-22.1. Limitations and extensions. (a) Where, before the expiration of the time prescribed for the assessment of any license tax imposed pursuant to this chapter, both the commissioner and the taxpayer have consented in writing to its assessment after such time, the tax may be assessed at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. (b) If the commissioner ascertains that any license issuance fee or license tax has not been assessed for the current license year or any of the three preceding license years or that the same has been assessed at less than the law requires, the commissioner shall assess the license issuance fee or license tax for such year or years at the rate or rates prescribed for that tax year or years. (c) On and after January 1, 2003, pursuant to S58.1- 3703.1 A.4.b. and B.2., Code of Virginia (1950), as amended, if the commissioner ascertains that because of fraud or failure to apply for a license any license issuance fee or license tax has not been assessed for the current license year or any of the six preceding license years or that the same has been assessed at less than the law requires, the commissioner shall assess the license issuance fee and license tax for such year or years at the rate or rates prescribed for that tax year or years. Nothing is this subsection shall be deemed to limit the commissioner's authority or duty to assess taxes which have not been assessed or have been assessed at less than the law requires as set forth in subsection (b) above. (d) The period for collecting any local license issuance fee and license tax shall not expire prior to the period specified in S 58.1-3940, Code of Virginia (1950), as amended; two years after the date of assessment if the period for assessment has been extended pursuant to this section; two years after the final determination of an appeal for which collection has been stayed pursuant to section 19-32.1(b) or (d) of this chapter; or two years after the final decision in a court application pursuant to § 58.1-3984 or similar law for which collection has been stayed; whichever is later. Sec.19-32.1. Appeals and rulings. (a) Any person assessed with a license tax as a result of an audit may apply within ninety days from the date of such assessment to the commissioner for a correction of the assessment. The application must be filed in good faith and sufficiently identify the taxpayer, audit period, remedy sought, each alleged error in the assessment, the grounds upon which the taxpayer relies, and any other facts relevant to the taxpayer's contention. The commissioner may hold a conference with the taxpayer if requested by the taxpayer, or require submission of additional information and documents, a further audit, or other evidence deemed necessary for a proper and equitable determination of the application. The assessment shall be deemed prima facie correct. The commissioner shall undertake a full review of the taxpayer's claims and issue a determination to the taxpayer setting forth its position. Every assessment pursuant to an audit shall be accompanied by a written explanation of the taxpayer's right to seek correction and the specific procedure to be followed. This written explanation shall include the name and address to which such an application should be directed. (b) Provided a timely and complete application is made, collection activity shall be suspended until a final determination is issued by the commissioner, unless the commissioner determines that collection would be jeopardized by delay or that the taxpayer has not responded to a request for relevant information after a reasonable time. Interest shall accrue in accordance with the provisions of section 19-20(g) of this chapter, but no further penalty shall be imposed while collection action is suspended. The term "jeopardized by delay" includes a finding that the application is frivolous, or that a taxpayer desires to (i) depart quickly from the city, (ii) remove his property therefrom, (iii) conceal himself or his property therein, or (iv) do any other act tending to prejudice, or to render wholly or partially ineffectual, proceedings to collect the tax for the period in question. (c) Any person assessed with a local license tax as a result of an audit may apply within ninety days of the determination by the assessing official on an application pursuant to subsection (a) of this section to the Tax Commissioner for a correction of such assessment. The Tax Commissioner shall issue a determination to the taxpayer within ninety days of receipt of the taxpayer's application, unless the taxpayer and the assessing official are notified that a longer period will be required. The application shall be treated as an application pursuant to S 58.1-1821 Code of Virginia (1950), as amended, and the Tax Commissioner may issue an order correcting such assessment pursuant to S 58.1-1822 Code of Virginia (1950), as amended. Following such an order, either the taxpayer or the assessing official may apply to the appropriate circuit court pursuant to ~ 58.1-3984 Code of Virginia (1950), as amended. However, the burden shall be on the party making the application to show that the ruling of the Tax Commissioner is erroneous. Neither the Tax Commissioner nor the Department of Taxation shall be made a party to an application to correct an assessment merely because the Tax Commissioner has ruled on it. (d) On receipt of a notice of intent to file an appeal to the Tax Commissioner under subsection (c) of this section, the assessing official shall notify the treasurer and the director of finance of appeal. The treasurer and the director of finance shall suspend collection activity until a final determination is issued by the Tax Commissioner, unless the commissioner determines that collection would be Jeopardized by delay or that the taxpayer has not responded to a request for relevant information after a reasonable time. Interest shall accrue in accordance with the provisions of section 19-20(g) this chapter, but no further penalty shall be imposed while collection action is suspended. The term "jeopardized by delay" shall have the same meaning as set forth in subsection (b) above. (e) Any taxpayer may request a written ruling regarding the application of a local license tax to a specific situation from the commissioner. Any person requesting such a ruling must provide all the relevant facts for the situation and may present a rationale for the basis of an interpretation of the law most favorable to the taxpayer. Any misrepresentation or change in the applicable law or the factual situation as presented in the ruling request shall invalidate any such ruling issued. A written ruling may be revoked or amended prospectively if (l) there is a change in the law, a court decision, or the guidelines issued by the Department of Taxation upon which the ruling was based or (ii) the commissioner notifies the taxpayer of a change in the policy or interpretation upon which the ruling was based. However, any person who acts on a written ruling which later becomes invalid shall be deemed to have acted in good faith during the period in which such ruling was in effect. (f) The provision of this section relating to administrative and judicial review of an assessment shall be applicable to assessments made on and after January 1, 1997, even if for an earlier license year. Sec. 19-32.2. Situs of qross receipts; qeneral rule. (a) Whenever the tax imposed by this chapter is measured by gross receipts, the gross receipts included in the taxable measure shall be only those gross receipts attributed to the exercise of a privilege subject to license at a definite place of business within the city. In the case of activities conducted outside of a definite place of business, such as during a visit to a customer location, the gross receipts shall be attributed to the definite place of business from which such activities are initiated, directed or controlled. The situs of gross receipts for different classifications of business shall be attributed to one or more definite places of business or offices as follows: (1) The gross receipts of a contractor shall be attributed to the definite place of business at which his services are performed, or if his services are not performed at any definite place of ~business, then the definite place of business from which his services are directed or controlled, unless the contractor is 10 subject to the provisions of ~ 58.1-3715 Code of Virginia (1950), as amended; (2) The gross receipts of a retailer or wholesaler shall be attributed to the definite place of business at which sales solicitation activities occur, or if sales solicitation activities do not occur at any definite place of business, then the definite place of business from which sales solicitation activities are directed or controlled; however, a wholesaler or distribution house subject to a license tax measured by purchases shall determine the situs of its purchases by the definite place of business at which or from which deliveries of the purchased goods, wares and merchandise are made to customers. Any wholesaler who is subject to license tax in the city and in another locality or other localities and who is subject to multiple taxation because the localities use different measures, may apply to the Commonwealth of Virginia Department of Taxation for a determination as to the proper measure of purchases and gross receipts subject to license tax in each locality; (3) The gross receipts of a business renting tangible personal property shall be attributed to the definite place of business from which the tangible personal property is rented or, if the property is not rented from any definite place of business, then to the definite place of business at which the rental of such property is managed; and (4) The gross receipts from the performance of services shall be attributed to the definite place of business at which the services are performed or, if not performed at any definite place of business, then to the definite place of business from which the services are directed or controlled. Sec. 19-32.3. Apportionment of gross receipts and aqreements. (a) If a licensee has more than one definite place of business and it is impractical or impossible to determine to which definite place of buslness gross receipts should be attributed under, the general rule, the gross receipts of the business shall be apportioned between the definite places of businesses on the basis of payroll. Gross 11 receipts shall not be apportioned to a definite place of business unless some activities under the applicable general rule occurred at, or were controlled from such definite place of business. Gross receipts attributable to a definite place of business outside of the city shall not be attributed to the city solely because the other jurisdiction does not impose a tax on the gross receipts attributable to the definite place of business in such other jurisdiction. (b) The commissioner may enter into agreements with any other political subsection of Virginia concerning the manner in which gross receipts shall be apportioned among definite places of business. However, the sum of the gross receipts apportioned by the agreement shall not exceed the total gross receipts attributable to all of the definite places of business affected by the agreement. Upon being notified by a taxpayer that its method of attributing gross receipts is fundamentally inconsistent with the method of one or more political subsections in which the taxpayer is licensed to engage in business and that the difference has, or is likely to, result in taxes on more than 100 percent of its gross receipts from all locations in the affected Jurisdictions, the commissioner shall make a good faith effort to reach an apportionment agreement with the other political subsections involved. If an agreement cannot be reached either the commissioner or taxpayer may seek an advisory opinion from the Commonwealth of Virginia Department of Taxation pursuant to S 58.1-3701 Code of Virginia (1950), as amended. Notice of the request shall be given to the other party. Notwithstanding the provisions of S 58.1-3993 Code of Virginia (1950), as amended, when a taxpayer has demonstrated to a court that two or more political subdivisions of Virginia have assessed taxes on gross receipts that may create a double assessment within the meaning of ~ 58.1-3986 Code of Virginia (1950), as amended, the court shall enter such orders pending resolution of the litigation as may be necessary to ensure that the taxpayer is not required to pay multiple assessments even though it is not then known which assessment is correct and which is erroneous. 2. Sections 19-2, Definitions; 19-5, Appointment and qeneral powers and duties of license inspector and deputies; 19-9, Separate license for each place and class of business; 19-11, Application for license~ applicant's oath; 19-20, When tax Dayable~ installment payment~ penalty for late payment~ report and collection of 12 delinquencies; 19-24, Term of license~ proration of tax; 19-30, Taxpayer's records; of Chapter 19, License Tax Code, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: S19-2. Definitions. The following words and terms shall have the respectively ascribed to them in this section purpose of this chapter: meanings for the (a) "Affiliated group" shall mean: One or more chains of corporations subject to inclusion connected through stock ownership with a common parent corporation which is a corporation subject to inclusion if: Stock possessing at least eighty percent of the voting power of all classes of stock and at least eighty percent of each class of the nonvoting stock of each of the corporations subject to inclusion, except the common parent corporation, is owned directly by one or more of the other corporations subject to inclusion; and The common parent corporation directly owns stock possessing at least eighty percent of the voting power of all classes of stock and at least eighty percent of each class of the nonvoting stock of at least one of the other subject to inclusion corporations. As used in this subsection, the term "stock" does not include nonvoting stock which is limited and preferred as to dividends; the phrase "corporation subject to inclusion "means any corporation within the affiliated group irrespective of the state or country of its incorporation; and the term "receipts" includes gross receipts and gross income. Two or more corporations if five or fewer persons who are individuals, estates or trusts own stock possessing: 13 At least eighty percent of the total combined voting power of all classes of stock entitled to vote or at least eighty percent of the total value of shares of all classes of the stock of each corporation; and More than fifty percent of the total combined voting power of all classes of stock entitled to vote or more than fifty percent of the total value of shares of all classes of stock of each corporation, taking into account the stock ownership of each such person only to the extent such stock ownership is identical with respect to each such corporation. When one or more of the corporations subject to inclusion, including the common parent corporation, is a nonstock corporation, the term "stock" as used in this subsection shall refer to the nonstock corporation membership or membership voting rights, as is appropriate to the context. (b) "Assessment" shall mean a determination as to the proper rate of tax, the measure to which the tax rate is applied, and ultimately the amount of tax, including additional or omitted tax, that is due. An assessment shall include a written assessment made pursuant to notice by the assessing official or a self-assessment made by a taxpayer upon the filing of a return or otherwise not pursuant to notice. Assessments shall be deemed made by an assessing official when a written notice of assessment is delivered to the taxpayer by the assessing official or an employee of the assessing official, or mailed to the taxpayer at his last known address. Self-assessments shall be deemed made when a return is filed, or if no return is required, when the tax is paid. A return filed or tax paid before the last day prescribed by ordinance for the filing or payment thereof shall be deemed to be filed or paid on the last day specified for the filing of a return or the payment of tax, as the case may be. (c) "Base year" shall mean the calendar year preceding the license year, except for contractors subject to the provisions of S 58.1-3715 or unless the local ordinance provides for a different period for measuring the gross receipts of a business, such as for beginning businesses or to allow an option to use the same fiscal year as for federal income tax purposes. 14 (d) "Business" shall mean a course of dealing which requires the time, attention and labor of the person so engaged for the purpose of earning a livelihood or profit. It implies a continuous and regular course of dealing, rather than an irregular or isolated transaction. A person may be engaged in more than one business. The following acts shall create a rebuttable presumption that a person is engaged in a business: (i) advertising or otherwise holding oneself out to the public as being engaged in a particular business or (ii) filing tax returns, schedules and documents that are required only of persons engaged in a trade or business. (e) "Commissioner" shall mean the commissioner of the revenue of the city. (f) "Definite place of business" shall mean an office or a location at which occurs a regular and continuous course of dealing for thirty consecutive days or more. A definite place of business for a person engaged in business may include a location leased or otherwise obtained from another person on a temporary or seasonal basis and real property leased to another. A person's residence shall be deemed to be a definite place of business if there is no definite place of business maintained elsewhere and the person is not subject to licensure as a peddler or itinerant merchant. (g) "Director of finance" shall mean the director of finance of the city. (h) "Financial services " shall mean the buying, selling, handling, managing, investing, and providing of advice regarding money, credit, securities, or other investments. (l) "Gross receipts" shall mean the whole, entire, total receipts, without deduction. Gross receipts shall not include any amount not derived from the exercise of the licensed privilege to engage in a business or profession in the ordinary course of business. The following items are excluded from gross receipts: Amounts received and paid to the United States, the Commonwealth or any county, city or town for the Virginia retail sales or use tax, for any local sales tax or any local excise tax on cigarettes, for any federal or state excise taxes on motor fuels. Any amount representing the liquidation of a debt or conversion of another asset to the extent that the amount is attributable to a 15 transaction previously taxed (e.g., the factoring of accounts receivable created by sales which have been included in taxable receipts even though the creation of such debt and factoring are a regular part of its business). Any amount representing returns and allowances granted by the business to its customer. Receipts which are the proceeds of a loan transaction in which the licensee is the obligor. Receipts representing the return of principal of a loan transaction in which the licensee is the creditor, or the return of principal or basis upon the sale of a capital asset. Rebates and discounts taken or received on account of purchases by the licensee. A rebate or other incentive offered to induce the recipient to purchase certain goods or services from a person other than the offeror, and which the recipient assigns to the licensee in consideration of the sale goods and services shall not be considered a rebate or discount to the licensee, but shall be included in the licensee's gross receipts together with any handling or other fees related to the incentive. Withdrawals from inventory for purposes other than sale or distribution and for which no consideration is received and the occasional sale or exchange of assets other than inventory whether or not a gain or loss is recognized for federal income tax purposes. Investment income not directly related to the privilege exercised by a business subject to licensure not classified as rendering financial services. This exclusion shall apply to interest on bank accounts of the business, and to interest, dividends and other income derived from the investment of its own funds in securities and other types of investments unrelated to the licensed privilege. This exclusion shall not apply to interest, late fees and similar income attributable to an installment sale or other transaction that occurred in the regular course of business. 16 The following shall be deducted from gross receipts or gross purchases that would otherwise be taxable: Any amount paid for computer hardware and software that are sold to a United States federal or state government entity provided that such property was purchased within two years of the sale to said entity by the original purchaser who shall have been contractually obligated at the time of purchase to resell such property to a state or federal government entity. This deduction shall not occur until the time of resale and shall apply to only the original cost of the property and not to its resale price, and the deduction shall not apply to any of the tangible personal property which was the subject of the original resale contract if it is not resold to a state or federal government entity in accordance with the original contract obligation. Any receipts attributable to business conducted in another state or foreign country in which the taxpayer is liable for an income or other tax based upon income. (j) "License year" shall mean the calendar year for which a license is issued for the privilege of engaging in business. (k) "Merchant" shall mean any person whose business, or any part of it, consists of buying, or otherwise acquiring, and selling, leasing or otherwise disposing of goods, wares, merchandise, commodities, supplies, machinery, equipm6nt or any other article of personal property. (1) "Professional services" shall mean services performed by architects, attorneys-at-law, certified public accountants, dentists, engineers surveyors, surgeons, veterinarians, and practitioners of the healing arts (the arts and sciences dealing with the prevention, diagnosis, treatment and cure or alleviation of human physical or mental ailments, conditions, diseases, pain or infirmities) and such occupations, and no others, as the Department of Taxation may list in the BPOL guidelines promulgated pursuant to S 58.1-3701. The department shall identify and list each occupation or vocation in which a professed knowledge of some department of science or learning, gained by a prolonged course of specialized instruction and study, is used in its practical application to the affairs of others, 17 either advising, guiding, or teaching them and in serving their interests or welfare in the practice of an art or science founded on it. The word "profession" implies attainments in professional knowledge as distinguished from mere skill, and the application of knowledge to uses for others rather than for personal profit. (m) "Purchases" shall mean all goods, wares and merchandise received for sale at each definite place of business of a wholesale merchant. The term shall also include the cost of manufacture of all goods, wares and merchandise manufactured by any wholesale merchant and sold or offered for sale. A wholesale merchant may elect to report the gross receipts from the sale of manufactured goods, wares and merchandise if it cannot determine the cost of manufacture or chooses not to disclose the cost of manufacture. (n) "Real estate services" means providing a service with respect to the purchase, sale, lease, rental, or appraisal of real property. (o) "Treasurer" shall mean the treasurer of the city. Sec. 19-5. Appointment and general powers and duties of license inspector and deputies. (a) The commissioner shall designate some person in his office to act as license inspector of the city, and may designate such other persons in his office to act as deputy license inspectors as he may deem necessary and proper. The license inspector and all deputy license inspectors shall at all times be under the supervision and control of the commissioner. (b) The license inspector and deputy license inspectors shall ascertain the name of each person engaged in conducting any business, occupation, profession or other activity in the city without having obtained a license therefor pursuant to this chapter. (c) The license inspector and deputy license inspectors shall have the power and right, at all reasonable times, to examine the books and records of any taxpayer liable for taxes assessable under this chapter, with respect to the possible liability of any person using the facilities of such taxpayer, as well as with respect to the liability of the taxpayer whose books and records are so examined. (d) The license inspector is authorized and empowered to summons any person before him, in the office of the commissioner, and require the production of any or all of 18 such persons records, books and papers relevant to the matter under investigation. The license inspector is authorized and empowered to make other investigations and audits of the records, books and papers of such person, as the license inspector shall deem proper in order to accurately determine the proper return to be made by such person. If it shall appear that purchases, sales, amount of business or other matters pertinent to the assessment have been incorrectly reported or returned or underestimated, the license inspector shall make a report to the commissioner who, if he is satisfied that such person has made an incorrect report or return or an underestimate, shall assess such person with the proper city license tax and with such penalty as may be provided for in this chapter. (e) Every person who shall fail to appear before the license inspector or, appearing, fails or refuses to produce such records, books and papers, when duly summoned, or shall refuse to permit the license inspector to make such other and further investigation and audit of such books and papers as aforesaid, shall be guilty of a Class 3 misdemeanor. Sec. 19-9. Separate license for each place and class of business. A separate license shall be required for each definite place of business and for each business. A person engaged in two or more businesses or professions carried on at the same place of business may elect to obtain one license for all such businesses and professions if all of the following criteria are satisfied: (i) each business or profession is subject to licensure at the location and has satisfied any requirements imposed by state law or other provisions of the Code of the City of Roanoke; (ii) all of the businesses or professions are subject to the same tax rate, or, if subject to different tax rates, the licensee agrees to be taxed on all businesses and professions at the highest rate; and (iii) the taxpayer agrees to supply such information as the commissioner may require concerning the nature of the several businesses and their gross receipts. Sec. 19-11. Application for license; applicant's oath. (a) Every person shall apply for a license for each business or profession when engaging in a business in the city if (i) the person has a definite place of business in the city; (ii) there is no definite place of business anywhere and the ~erson resides in the city; or (iii) there is no definite place of business in the city but the person operates amusement machines or is classified 19 as an itinerant merchant, peddler, carnival, circus, contractor subject to S 58.1-3715 Code of Virginia (1950), as amended, or public service corporation. (b) Such application shall be written and delivered to the commissioner and shall state the residence of the applicant, the nature and proposed location of the business or profession. Such application may be made upon the form of application prescribed by the state department of taxation for application for state licenses, provided such form is stamped, printed or overprinted to indicate its use for applying for a license under this chapter, or upon such other form of application as may be prescribed by the commissioner. The commissioner shall keep such application on file in his office. (c) Every person liable for a license issuance fee or license tax which, under this chapter, is based upon the amount of his actual or probable purchases, sales or commissions, or of the gross receipts from his business or profession, or graded in any other way shall, before he is granted such license, be required to make oath in writing before some notary public, not himself a state or city officer or directly or indirectly employed by such officer, or before the commissioner, upon forms furnished, showing the amount of his actual or probable purchases, sales or commissions, or of the gross receipts from his business or profession, or of the fair value of articles manufactured, processed or produced, or any other matter that may be pertinent to the assessment of the tax on such license. In the case of a corporation, such oath shall be made by the chief officer or agent resident in the city or in charge of the business, and in case of an unincorporated firm, by any member thereof. The form of such oath shall be such that the application and oath shall be separately made and signed. (d) If any person shall make any false statement in any application or affidavit required by this section, he shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not more than one thousand dollars ($1,000.00). Sec. 19-20. When application due; when tax payable; extensions; penalty and interest for late payment; report and collection of delinquencies. (a) Each person subject to a license issuance fee or license tax shall apply for a license prior to beginning business if he was'not subject to licensure in the city on or before January 1 of the license year, or no later than March 1 of the license year if he had been issued a 20 license for the preceding year. The application shall be on forms prescribed by the commissioner. (b) The commissioner may grant an extension of time in which to file an application for a license, for reasonable cause. Any such extension shall be conditioned upon the timely payment of a reasonable estimate of the appropriate tax; the tax is then subject to adjustment to the correct tax at the end of the extension, together with interest from the due date until the date paid and, if the estimate submitted with the extension is found to be unreasonable under the circumstances, with a penalty of ten percent of the portion paid after the due date. (c) Ail license issuance fees and license taxes imposed by this chapter shall be due and payable on or before March 1 of each license year, unless otherwise expressly provided. (d) If the tax is not paid by the appropriate due date as set forth above, a penalty of ten percent of the tax shall be imposed. In the case of an assessment of additional tax made by the assessing official, if the application was made in good faith and the understatement of the tax was not due to any fraud, reckless or intentional disregard of the law by the taxpayer, there shall be no. late payment penalty assessed with the additional tax. If any assessment of tax by the assessing official is not paid within thirty days, the treasurer shall impose a ten percent late payment penalty. If the failure to pay was not the fault of the taxpayer, the penalties shall not be imposed, or if imposed shall be abated by the treasurer. In order to demonstrate lack of fault, the taxpayer must show that he acted responsibly and that the failure was due to events beyond his control. (e) When used in the subsection "acted responsibly" means that: (i) the taxpayer exercised the level of reasonable care that a prudent person would exercise under the circumstances in determining the filing obligations for the business and (ii) the taxpayer undertook significant steps to avoid or mitigate the failure, such as requesting appropriate extensions (where applicable), attempting to prevent a foreseeable impediment, acting to remove an impediment once it occurred, and promptly rectifying a failure once the impediment was removed or the failure discovered. (f) When used in' the subsection "events beyond the taxpayer's control" include, but are not limited to, the unavailability of records due to fire or other casualty; the unavoidable absence (e.g., due to death or serious 21 illness) of the person with the sole responsibility for tax compliance; or the taxpayer's reasonable reliance in good faith upon erroneous written information from the commissioner who was aware of the relevant facts relating to the taxpayer's business when he provided the erroneous information. (g) Interest shall be charged on the late payment of the tax from the due date until the date paid without regard to fault or other reason for the late payment. Whenever an assessment of additional or omitted tax by the assessing official is found to be erroneous, all interest and penalty charged and collected on the amount of the assessment found to be erroneous shall be refunded together with interest on the refund from the date of payment or the due date, whichever is later. Interest shall be paid on the refund of any license tax from the date of payment or due date, whichever is later, whether attributable to an amended return or other reason. Interest on any refund shall be paid at the same rate charged under § 58.1-3916 Code of Virginia (1950), as amended. (h) No interest shall accrue on an adjustment of estimated tax liability to actual liability at the conclusion of a base year. No interest shall be paid on a refund or charged on a late payment, provided the refund or the late payment is made not more than thirty days from the date of the payment that created the refund or the due date of the tax, whichever is later. (i) Promptly after December 31 of each year, the treasurer shall make written report to the director of finance of each unpaid license issuance fee and license tax and the director of finance shall collect each unpaid license issuance fee and license tax. (j) The provisions of this section relating to penalties and interest shall be applicable to assessments made on and after January 1, 1997 even if for an earlier license year. Sec. 19-24. Term of license; proration of tax. Unless otherwise expressly provided in this chapter, all licenses shall be deemed to be issued for the current license year. No license issuance fee and license tax imposed by this chapter shall, upon issuance, be subject to proration for any portion of a license year, unless it be herein provided to the contrary, or unless such proration is required of localities by the general law. 22 Sec. 19-30. Taxpayer's records and audits. (a) Every person who is assessable with a local license issuance fee and license tax shall keep sufficient records to enable the commissioner to verify the correctness of the tax paid for the license years assessable and to enable the commissioner to ascertain what is the correct amount of tax that was assessable for each of those years. These records shall include, but not be limited to, all invoices, records of all purchases and from whom made, records of all sales, records of all commissions, gross receipts, contracts and orders accepted and from whom received and with whom made, records of all sales, commissions, costs, receipts, contracts or orders accepted, and general books of account. All such records, books of accounts and other information shall be open to inspection and examination by the commissioner, license inspector, and deputy license inspector, to ascertain what is the correct amount of the tax that was assessable for each of those years. All such records, books of accounts and other information shall be open to inspection and examination by the commissioner in order to allow the commissioner to establish whether a particular receipt is directly attributable to the taxable privilege exercised within the city. These records shall also be open to inspection and examination by the director of finance and any officer of the city charged in any manner with the duty of collecting license taxes. (b) The commissioner shall provide the taxpayer with the option to conduct the audit in the taxpayer's local business office, if the records are maintained there. In the event the records are maintained outside the city, copies of the appropriate books and records shall be sent to the commissioner's office upon demand. (c) Whenever it comes to the knowledge of the commissioner that a person liable for a license issuance fee or license tax has not kept, or is not keeping and preserving the records herein provided for. The commissioner shall proceed to estimate the probable business of such person to the best of his ability and assess such person with the license issuance fee and license tax provided by this chapter upon the business so estimated and, in addition, shall assess the penalty hereinafter provided for. (d) Every person who shall fail or refuse to keep the records required by this section shall be assessed with and pay a penalty of fifty dollars ($50.00), in addition to the license issuance fee and license tax imposed. Any person who shall continue to violate the provisions of this section requiring such records to be kept, after 23 written notice from the commissioner, shall be subject to a further penalty of fifty dollars ($50.00) for each month such violation shall continue after the giving of such notice, both of which penalties shall be assessed and collected in the same manner as taxes are assessed and collected. 3. Section 19-45. License tax categories and rates, of Article II. Bustness~ Professional and Occupational License Taxation, of Chapter 19, License Tax Code, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 19-45. License tax categories and rates. (a) Except for the license issuance fee imposed by S19- 1.1 of this chapter, no license fee or tax shall be imposed pursuant to the provisions of this chapter on any person whose gross receipts from a business, profession or occupation subject to licensure are $100,000 or less. (b) Except as otherwise provided in this chapter, any business with gross receipts of more than $100,000 shall be subject to a license tax based on the prior calendar year's gross receipts, including the first $100,000 of such gross receipts, at the rate set forth below for each class of enterprise: (1) For contracting, and persons constructing for their own account for sale, fourteen cents ($0.14) per one hundred dollars ($100.00) of gross receipts; (2) For retail sales: a. Mail order distribution centers: Twenty cents ($0.20) per one hundred dollars ($100.00) on the first twenty mi 1 1 ion do 1 1 ars ($20,000,000.00) of gross receipts; Five cents ($0.05) per one hundred dollars ($100.00) on all gross receipts between twenty million dollars ($20,000,000.00) and forty million dollars ($40,000,000.00); and 24 (3) (4) (5) One cent ($0.01) per one hundred dollars ($100.00) on all gross receipts over forty million dollars ($40,000,000.00). Ail other retail sales, twenty cents ($0.20) per one hundred dollars ($100.00) of gross receipts. Any person engaged in the short-term rental business as defined in S58.1-3510, Code of Virginia (1950), as amended, shall be classified in the category of retail sales for license tax rate purposes. For financial, real estate (except appraisers, brokers and salesman) and professional services, fifty-eight cents ($0.58) per one hundred dollars ($100.00) of gross receipts; Loan company, fifty cents ($0.50) per one hundred dollars ($100.00) of gross receipts; b. Installment paper, fifty cents ($0.50) per one hundred dollars ($100.00) of gross receipts; Mortgage company, fifty cents ($0.50) per one hundred dollars ($100.00) of gross receipts; For repair, personal and business services, and all other businesses and occupations not specifically listed or excepted in this chapter, thirty-six cents ($0.36) per one hundred dollars ($100.00) of gross receipts; provided, however, for a barber or beauty shop, the rate shall be thirty-six cents ($0.36) per one hundred dollars ($100.00) of gross receipts. Any person, firm, or corporation designated as the principal or prime contractor receiving identifiable federal appropriations for research and development services as defined in S 31.205-18 (a) of the Federal Acquisition Regulation in the areas of (i) computer and electronic systems, (ii) computer software, (iii) applied sciences, (iv) economic and social sciences, and (v) electronic and physical sciences shall be subject to a license tax rate not to exceed three cents per 25 $100 of such federal funds received in payment of such contracts upon documentation provided by such person, firm or corporation to the local commissioner of revenue or finance officer confirming the applicability of this subsection. (6) Any gross receipts properly reported to a Virginia locality, classified for license tax purposes by that locality in accordance with subsection (a)(5) of this section, and on which a license tax is due and paid, or which gross receipts defined by subsection (a)(5) of this section are properly reported to but exempted by a Virginia locality from taxation, shall not be subject to local license taxation by any other locality in the Commonwealth. (c) The terms used in this section and categories and subcategories established by this section shall be defined and explained for the purposes of this chapter in accordance with the guidelines promulgated by the State Department of Taxation pursuant to section 58.1-3701, Code of Virginia (1950), as amended, for use by local governments in administering local license taxation. (d) Except as otherwise provided in this chapter, the commissioner, using such guidelines, shall classify into one of the categories or subcategories set forth above, the business, profession or occupation of each applicant for a license. (e) The co~unissioner is empowered to prepare and issue any other regulations necessary or appropriate for the classification of businesses, professions or occupations in the proper category or subcategory under both this article and Article III of this chapter for situations not covered by such guidelines. 4. Sections 19-4, License year; 19-8, License required; 19- 10, Separate license for each class of business; 19-13, Levy and purpose of taxes; 19-14, Tax not imposed contrary to state or federal law; In General, City of Roanoke and 19-15, Liability for tax generally; of Article I. of Chapter 19, License Tax Code, of the Code of the (1979), as amended, be, and are hereby REPEALED. 26 5. This ordinance shall be after January 1, 1997. in full ATTEST: force and effect on and City Clerk. The ReoionalChamber May20,1996 PRESENTATION TO ROANOKE CITY COUNCIL BY JOHN M. STROUD, C.C.E. PRESIDENT, ROANOKE REGIONAL CHAMBER OF COMMERCE Vice Mayor White, Members of City Council, ladies and gentlemen, Thank you for this opportunity to present our position to you publicly concerning the Business, Professional, Occupational License Tax, commonly called the BPOL Tax. We have already sent to you by mail, the opposition of the Roanoke Regional Chamber of Commerce regarding the proposal submitted to you by your Director of Finance, Mr. Grisso, regarding the changes in the BPOL Tax of the City of Roanoke. Specifically, our concern relates directly to the proposal to raise the minimum fee of $30 to $50. Therefore, our being here tonight nor our opposition to this tax increase should not be a surprise. Yes, ladies and gentlemen, a tax. Our businesses do not distinguish between a fee or tax. Your Regional Chamber represents 1,700 businesses -- 95% of whom are small businesses. We have worked closely with Mr. Grisso, representing this business community. First, in early 1995, Mr. Grisso, formed a task force to begin looking at the BPOL Tax. As you may remember, there were numerous recommendations being made at the Roanoke Reoional Chamber ol Commerr¢ · 212 Soulh Je[ferxon Street · Roanoke, VA 24011-170Z · (540) 983-0700 · Fax (540) 983-0~23 state level by various legislative committees. In fact, there was an effort in the 1995 Session of the General Assembly to eliminate the BPOL Tax altogether with no system to replace lost revenues to local governments. Since that time, your Chamber has lobbied diligently to see that any amendments to laws relating to BPOL first protect the revenues generated to local governments. In fact, we worked to get other groups to "back off" total repeal. We deeply appreciate Mr. Grisso involving us in these meetings. You can be very proud of him, his staff and the constitutional officers who were members of this Task Force. As a result, we have had a number of very informative and worthwhile meetings. Your Chamber has also worked closely with a number of City staff (as well as other local governments) to create a pro-business atmosphere that encourages small business start-ups. Not only is this $50 BPOL Tax Issuance Fee not necessary for the City to achieve its 1997 budget projections (revenue neutral) but it is a "dis-incentive" for new, small business start-ups. We believe very strongly, and data provided by the City shows, that with a $30 fee, the City will achieve its 1997 - $9.1 million budget. Our proposal will allow the City to meet its own projections and still keep the BPOL Tax Issuance Fee low for the 2,600 plus small businesses that would otherwise pay an increased tax. We, therefore, are opposed to this $50 BPOL Tax Issuance Fee and ask you, members of the Roanoke City Council, to support small business growth and to not impose a BPOL Tax Fee greater than $30 which will place the City of Roanoke in a revenue neutral position. I am here tonight to answer any questions about our proposal and, most important, we want to continue to work with you, our City Council and the staffofthe City, to facilitate new business development in the City. We feel that our economic future will be tied to new start-ups from the many talented people who already live here and we want to work "hand- in-hand" with you to implement a strategy that will encourage even more start-ups. We feel the way to increase revenues to the CiD- is through business growth not increases in taxes and fees. Thank you for your interest in these issues and allowing us an opportunity to be here tonight. John M. Stroud, President, Roanoke Regional Chamber of Commerce Misc. Council - 05/30/96 Expense RedUction Consultants RECEIVED nay THE voa's omcE BOTTOM Post Office Box 20421 Roanoke, Virginia 24018 703-343-9152 LINE May 13, 1996 The Honorable David A. Bowers Members of City Council City Clerk's Office Room 456 Municipal Building, SW Roanoke, VA 24011-1536 Dear Mayor Bowers and Members of City Council: It is with a great deal of concern that-I address:the fecom'mendation by the City Finance Director to raise the minimum Business, Profe~sionai and Occupational License (BPOL) tax from $30.00 to $50.00. Many of us with small businesses are already paying more per gross receipts dollars than those with larger businesses. Below is an illustration which includes the example that was published in The Roanoke Times on May 10, 1996. Since the majority of the categories listed on the BPOL tax rate chart pay $0.36 per $100 of gross receipts, that figure will be used for illustration: Actual BPOL Cost Comparison per $100 of Gross Receipts Actual % Over Gross Minimum Cost per $0.36 per Receipts BPOL Tax $100 $100 $4,500 $30 $0.67 85.2 % $4,500 $50 $1.11 208.6 % $8,333 $30 $0.36 0.0% $8,333 $50 $0.60 66.7% As you know, the small, home-based business taking in $4,500 now pays a minimum tax of $30.00, or $0.67 Per $100 of gross receipts~ It is already paying 85.2% more per $100 of gross receipts than the business that actually pays $0.36 per $100. If the minimum is raised to $50.00, that percentage rises to 208.6%. The Honorable David A. Bowers Members of City Council May 13, 1996 Page Two The business that grosses the current minimum level of $8,333 pays $0.36 per $100, or $30.00. If the minimum tax is raised to $50.00, that business will pay 66.7% more per $100 of gross receipts than it is paying now. The newspaper article stated that the increase from $30.00 to $50.00 equals a 40% increase. It has been a long time since I attended math class, but it looks like a 67% increase to me. The article also stated that there are 1,820 small businesses that would be affected by this increase. If so, a new minimum of $50.00 would generate only $36,400 in additional taxes annually. That seems to be a very small amount as compared to the price of discouraging small business development. Where is the incentive to start a small business in the City of Roanoke? Statistics tell us that small, home-based businesses are increasing at an unbelievable rate. Unlike the small businesses of years past, the majority of these home-based businesses are succeeding, as well as contributing to the improvement of the economy. It would be a mistake to drive them to locate elsewhere. On behalf of the 1,820 small businesses throughout the City, I urge you to reject Mr. Grisso's recommendation. In fact, considering the percentages in the illustration, some thought to the term "fair share" might be appropriate. After all, we would hope that our City would help us grow, not penalize us for being small. As for those small businesses that will soon mature from vision to reality, we would all benefit if they were somehow persuaded to make their dreams come true in the City of Roanoke. Sincerely, Cathy Caddy Owner Enclosure Ci "tO"kbep garbage service Roanoke City Council to adopt $152.5 million budget. Monday ,'Some Roanokers will see one- armt, d band t-s yle garbage'trucks in theil neighborhoods beginning Jan. 1, bgt they'll be owned by the city, not/t private contractor. ,"~That was one decision reached by ~-'ity Council during budget deli~'~tions in which me~'nbers left Cit~ Manager Bob Herbert's pro- posed $152.5 million spending pm- po,~al for next year virtually untouched. 'Council will formally adopt the budget Monday night, at which time it also will decide what size pay increases to grant council-appointed officers such as Herbert. City Attor- ney Wilbum Dibling, and Finance Dir6ctor Jim Grisso. Under one minor change pro- posed by Mayor David Bowers late Thursday afternoon, council also agreed to spend $28,800 for partial funding of a regional gseenways *~nator, provided that Roanoke ~L'~y,. Salem and ViotOn also budget money for the position ~." The subject of trash and how !o e~ql~, it occupied more of council s '~an any other issue during the ,~ ~ays of budget study. ""'""'H~rbert's proposal, which woold he phased in ove~' two years 'inning in January, would see the I~ . city spend rmllions on one-armed , bandit-style trucks and large flip-top ~'~t~B~:s that would be distributed ' LO_~I residents ', 'i'-:...',:Ttie ~ystem would allow the city ~!tration to cut 25 jobs in i~ g't/l~i:l Waste Disposal Department, ~aving an estimated $707,000 annu- ~l~..The workers would be trans- i t~ other departments with openings. Browning Fen'is Industries, one of the world's largest private haulers of trash, has been lobbying hard for the city to put its trash collection operations out to bid, arguing that private industry can do the job far cheaper than the public sector. The company has met with council members, hired a research firm to conduct a poll. and is paying for a phone bank in which telemar- keters pitch private trash pickup to residents. But council members and the city administration disputed whether BFI would save the city money. And they feared private pickup would interfere with plans tu merge service with Roanoke County. They voted 5-2 against putting Uash collections out to bi~l, with Mayor David Bow- ers and Councilman Mac McCadden dissenting. The decision disappointed a BFI representative who attended the budget study session. "They're going to spend $3 million.on equipment. That's a lot of money, said Mike Me.e, a BFI mar- keting development representative. "We have a way to save citizens money, and ~e haven't even been noted the city has a policy ara nsf allowing public-sector employees to bargain collectively or strike. "Yet on the other hand, you would say, 'Let's put out a [bid] for a private company whose employees would have the same right to strike on a vital public s~rvice.'" Another item considered by council during budget deliberations was changing the process of collect- ing Business, Professional and Occupational License taxes. The changes would give hundreds of city businesses a BPOL tax cut, but hun- dreds of others would pay more. Legislation enacted by the Gen- eral Assembly this year prohibits localities from collecting the gross receipts tax on a business taking in l~ss than $100,000 annually. The business still would have to have a license, though, and the new law allows localities to collect up to $100 for each license issued. On the recommendation of City Finance Director Jim C,-fisso, council .is considering pegging that fee at $50 annually. The proposal would yield about $9.1 million next year. roughly what the city collects under~ the current BPOL. The effect would be a drastic allowed a seat at the table." . cut in BPOL costs for busineSSes I~cCadden said th~ city at least taking in $25,000 t~ $100,000 annu- ought to put the service out to b,i,,d, to ally. But BPOL costs Would rise for see if savings are really there. I m businesses grossing less than not asking for action, rmaskiagfor gzs,000 or more than $100,000. · information," he said. "I philosophically disagree with th~s, smd Councilwoman and V~ee Mayor-elect Linda Wyatt, who minimum. Under the proposal, h would pay $$0 annually for th litany., a 40 percent increase. Con' m~ss~oner of Revenue Marsh Compton Fielder said that increas would affect 1.820 city BPO] licensees; · A person grossing $101.00 annually would pay taxes and license fee totaling $636 under th, proposal, rather than the $586 pai~ The license fee will be the sub ject of a public hearing May 20. In other action on the budge~ council: · Approved Herbert's recom mendation to grant an average 4.: percent pay increase to city employ ecs. The proposal would cost tax payers about $2 million next year. · Approved a recommendatior from Grisso and Herbert that the citx .grant a 3 percent permanent increas~ m pension benefits for retired citx employees. It would affect 1,01:, retirees and cost the city pensior system, which is funded by taxpay ers, roughly $1.8 million over 2( years. · Approved a $2.50 increase ir the monthly rate for parking at sever city-owned garages. Th s wouk raise Yai5,000 annually. · Approved spending abou~ $56.000 annually to buy regulm "City Page" advertisements in The Roanoke Times and The Roanoke Tribune to keep residents informe, about city services. · Approved $89,000 in lundin to hire two new building inspector For example: and part-time clerical help to imple · A ~ ~ $4,...~0 il~ ment a program of rental nspection ~ hol~ ~. IlO~ in older sections of Roanoke at leas l~y~ 10 ~ ~ 11~ ~ l~PO~ every two years, JAMES D. GRISSO Director of Finance CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 P.O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 981-2821 Fax: (540) 981-2940 May 20, 1996 JESSE A. HALL Deputy Director Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Business, Professional, and Occupational License (BPOL) Tax Establishment of Issuance Fee and Amendment of City Code to Comply with General Assembly Legislation (HB 293) Dear Mayor Bowers and Members of Council: Background Business, Professional, and Occupational License taxes (BPOL) are the fourth largest revenue source for the City of Roanoke. Over six percent of the City's General Fund revenues are from this tax. For the fiscal year ending June 30, 1997, BPOL taxes are expected to generate approximately $9.1 million in revenues. There was a strong movement during the 1995 session of the Virginia General Assembly to repeal the BPOL tax. This did not occur, however it heightened the need to address issues regarding the tax. A joint subcommittee of the House of Representatives led by Delegate Brickley focussed its efforts on improving the administration of the tax. Draft legislation was developed which became commonly known as the "Bricldey Ordinance" or the "Model BPOL Ordinance". This reflected input from the subcommittee as well as various localities and was designed with the intent that all local governments would be required to adopt key provisions of the legislation if it passed. A Study Committee was formed by the Director of Finance in May 1995 to address issues facing both municipalities and businesses with regard to the BPOL tax. It included both City employees and leaders from the business community. Serving on the committee were the President of the Roanoke Regional Chamber of Commerce, Executive Director of Downtown Roanoke, Inc., Executive Director of the Williamson Road Area Business Association, Conunlssioner of the Revenue, City Treasurer, Director of Finance, City Attorney, Budget Administrator, and Financial Systems Accountant. The committee's goals included reviewing and commenting on the proposed "Brickley Ordinance". It also worked Honorable Mayor and Members of City Council May 20, 1996 Page 2 to determine the impact on City revenues of various potential changes in the tax structure while receiving input from the taxpaying community. The 1995 BPOL database was used to perform a variety of situational analyses to determine the effect of changes in the tax. Uniformity in the legislation and local administration of the BPOL tax were found to be important issues to the business representatives of the committee. A task force was also formed by the Roanoke Regional Chamber of Commerce to address general taxation issues facing businesses and localities. The Director of Finance and Chief Deputy Commissioner of the Revenue were the City of Roanoke representatives for this group. House Bill 293, sponsored by Delegate Brickley, was passed during the 1996 General Assembly. The bill adds uniformity to the administration of BPOL tax. It provides that localities may impose a/be for issuing a business license. The legislation provides that this fee may not exceed $100, based on the City of Roanoke's population. By January 1, 2000, it shall not exceed $50. The bill also mandates that no tax rate be imposed on any business with gross receipts of $100,000 or below. Current Situation The Code of the City of Roanoke must be amended to comply with the requirements of HB 293. The provision that no tax rate be imposed on businesses with gross receipts of $100,000 or below is mandated. An issuance fee will need to be established which may not exceed $100 initially and $50 by January 1, 2000. Legislation permits this issuance fee to be charged to all BPOL taxpayers, not only those with gross receipts of $100,000 or below. Administrative fixed costs of approximately $45 per license issued are incurred by the Commissioner of the Revenue and City Treasurer in administering this tax. This includes salaries and operating costs associated with these departments' involvement in the assessment, collection, and auditing of the business license tax. The issuance fee, if imposed on all taxpayers, would cover the fixed cost of administrating the business license tax program. Based on the studies performed regarding the effect of various issuance fees, we propose a $50 issuance fee, required for all businesses, would result in a revenue neutral situation for the City of Roanoke's BPOL Tax. Attachment A summarizes the dollar and percentage impact of various issuance fees on BPOL revenues. As was the intent of HB 293, the adoption of such an issuance fee would cause some taxpayers to pay more and others to pay less under the new legislation than they do under the existing BPOL structure. Attachment B summarizes this impact. Honorable Mayor and Members of City Council May 20, 1996 Page 3 The BPOL Study Committee representatives from the Chamber of Commerce, Downtown Roanoke, Inc. and the Williamson Road Area Business Association have indicated that they do not oppose the $50 issuance fee. Roanoke County is currently considering the implementation of a $50 issuance fee to be required for all businesses that pay BPOL. Recommendation We recommend that the City Code be amended to comply with the provisions of legislation adopted by the 1996 session of the General Assembly and approved by Governor Allen on April 6, 1996. This would provide that, effective January 1, 1997, businesses with gross receipts of $100,000 or less shall not be charged a business license tax rate, and that an issuance fee of $50 be adopted that would be imposed upon all businesses subject to the Business, Professional, and Occupational License tax. Respectfully submitted, Director of Finance JDG/ahaJps Attachment c: W. Robert Herbert, City Manager Mary F. Parker, City Clerk Marsha Compton Fielder, Commissioner of the Revenue Gordon E. Peters, City Treasurer Wilbum C. Dibling, Jr., City Attorney Jesse A. Hall, Deputy Director of Finance Diane S. Akers, Budget Administrator Ann H. Allen, Financial Systems Accountant John Stroud, President, Roanoke Regional Chamber of Commerce R. Matthew Kennell, Executive Director, Downtown Roanoke, Inc. Lucy Mullis, Executive Director, Williamson Road Area Business Association Attachment A City of Roanoke Impact of Various lesuance Fees on Revenuea (Based on 1997 Projected Budget of $9.1 mi#ion) Issuance Fee $ Impact % Impact $0 ($343,534) -3.7% 30 (133,000) -1.4% 40 (62,000) -0.7% 50 8,000 0.1% 75 184,000 2.0% 1 O0 359,000 3.9% Note: Assumes issuance fee would be appliedto all BPOL taxpayers. v' Issuance fee that is revenue-neutral. JAMES D. GRISSO Director of Finance CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 P.O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 981-2821 Fax: (540) 981-2940 May 8, 1996 JESSE A. HALL Deputy Director Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Business, Professional, and Occupational License (BPOL) Tax - Establishment of Issuance Fee and Amendment of City Code to Comply with General Assembly Legislation (HB 293) Dear Mayor Bowers and Members of Council: Background Business, Professional, and Occupational License taxes (BPOL) are the fourth largest revenue source for the City of Roanoke. Over six percent of the City's General Fund revenues are from this tax. For the fiscal year ending June 30, 1997, BPOL taxes are expected to generate approximately $9.1 million in revenues. There was a strong movement during the 1995 session of the Virginia General Assembly to repeal the BPOL tax. This did not occur, however it heightened the need to address issues regarding the tax. A joint subcommittee of the House of Representatives led by Delegate Brickley focussed its efforts on improving the administration of the tax. Draft legislation was developed which became commonly known as the "Brickley Ordinance" or the "Model BPOL Ordinance". This reflected input from the subcommittee as well as various localities and was designed with the intent that all local governments would be required to adopt key provisions of the legislation if it passed. A Study Committee was formed by the Director of Finance in May 1995 to address issues facing both municipalities and businesses with regard to the BPOL tax. It included both City employees and leaders from the business community. Serving on the committee were the President of the Roanoke Regional Chamber of Commerce, Executive Director of Downtown Roanoke, Inc., Executive Director of the Williamson Road Area Business Association, Commissioner of Revenue, City Treasurer, Director of Finance, City Attorney, Budget Administrator, and Financial Systems Accountant. The committee's goals included reviewing and commenting on the proposed "Brickley Ordinance". It also worked to determine the impact on City revenues of various potential changes in the tax structure while receiving input from the taxpaying community. The Honorable Mayor and Members of City Council May 8, 1996 Page 2 1995 BPOL database was used to perform a variety of situational analyses to determine the effect of changes in the tax. Uniformity in the legislation and local administration of the BPOL tax were found to be important issues to the business representatives of the committee. A task force was also formed by the Roanoke Regional Chamber of Commerce to address general taxation issues facing businesses and localities. The Director of Finance and Chief Deputy Commissioner of Revenue were the City of Roanoke representatives for this group. House Bill 293, sponsored by Delegate Brickley, was passed during the 1996 General Assembly. The bill adds uniformity to the administration of BPOL tax. It provides that localities may impose a fee for issuing a business license. The legislation provides that this fee may not exceed $100, based on the City of Roanoke's population. By January 1, 2000, it shall not exceed $50. The bill also mandates that no tax rate be imposed on any business with gross receipts of $100,000 or below. Current Situation The Code of the City of Roanoke must be amended to comply with the requirements of HB 293. The provision that no tax rate be imposed on businesses with gross receipts of $100,000 or below is mandated. An issuance fee will need to be established which may not exceed $100 initially and $50 by January 1, 2000. Legislation permits this issuance fee to be charged to all BPOL taxpayers, not only those with gross receipts of $100,000 or below. Administrative fixed costs of approximately $45 per license issued are incurred by the Commissioner of Revenue and City Treasurer in administering this tax. This includes salaries and operating costs associated with these departments' involvement in the assessment, collection, and auditing of the business license tax. The issuance fee, if imposed on all taxpayers, would cover the fixed cost of administrating the business license tax program. Based on the studies performed regarding the effect of various issuance fees, we propose a $50 issuance fee, required for all businesses, would result in a revenue neutral situation for the City of Roanoke's BPOL Tax. A summary of the dollar and percentage impact of various issuance fees on BPOL revenues is attached (Exhibit A). The BPOL Study Committee representatives from the Chamber of Commerce, Downtown Roanoke, Inc. and the Williamson Road Area Business Association have indicated that they do not oppose the adoption of a $50 issuance fee. Honorable Mayor and Members of City Council May 8, 1996 Page 3 Roanoke County is currently considering the implementation of a $50 issuance fee to be required for all businesses that pay BPOL. Recommendation We recommend that the City Code be amended to comply with the provisions of legislation adopted by the 1996 session of the General Assembly and approved by Govemor Allen on April 6, 1996. This would provide that businesses with gross receipts of $100,000 or less shall not be charged a business license tax rate, and that an issuance fee of $50 be adopted that would be imposed upon all businesses subject to the Business, Professional, and Occupational License tax. We recommend an effective date of January 1, 1997. We recommend City Council schedule a public hearing on May 20, 1996 at 7:00 p.m. for the consideration of this matter. Respectfully submitted, Director of Finance JDG/aha Attachment C~ W. Robert Herbert, City Manager Mary F. Parker, City Clerk Marsha Compton Fielder, Commissioner of Revenue Gordon E. Peters, City Treasurer Wilburn C. Dibling, Jr., City Attorney Jesse A. Hall, Deputy Director of Finance Diane S. Akers, Budget Administrator Ann H. Allen, Financial Systems Accountant John Stroud, President, Roanoke Regional Chamber of Commerce R. Matthew Kermell, Executive Director, Downtown Roanoke, Inc. Lucy Mullis, Executive Director, Williamson Road Area Business Association Attachment A City of Roanoke Impact of Various Issuance Fees on Revenues (Based on 1997 Projected Budget of $9.1 million) Issuance Fee $ Impact % Im~)act $0 ($343,534) -3.7% 30 (133,000) -1.4% 40 (62,000) -0.7% 50 8,000 0.1% 75 184,000 2.0% 100 359,000 3.9% Note: Assumes issuance fee would be applied to all BPOL taxpayers. Issuance fee that is revenue-neutral. Ad Number: 51267900 Publisher's Fee: $82.80 MARY F. PARKER, CITY CLE ROOM 456, MUNICIPAL BUIL 215 CHURCH AVENUE, S.W. ROANOKE, VA 24011-1536 The Roanoke Times 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, 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: 05/12/96 FULL RUN - Sunday Witness, this 13thday of May 1996 Authorized Signature NOTICE OF PUBLIC HEARING Notice is hereby given, pursuant to Section 58.1-3007, Code of Virginia (1950), as amended, that House Bill 293, adopted by the 1996 session of the Virginia General Assembly and approved by Governor Allen, provides that an issuance fee, not to exceed $100.00, may be charged for a Business, Professional, and Occupational License (BPOL). Any business with $100,000.00 or less in gross receipts shall not be subject to the BPOL tax. All businesses shall be subject to the issuance fee. This issuance fee for the City of Roanoke BPOL is recommended to be $50.00, effective January 1, 1997. A public hearing will be held before the Council of the City of Roanoke on Monday, May 20th at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council chambers, 215 Church Avenue, S.W., Roanoke, Virginia, at which time citizens of the locality shall be given an opportunity to appear before and be heard by City Council on the subject of the proposed $50.00 issuance fee for a Business, Professional, and Occupational License. Given under my hand this 9th day of May, 1996. Mary F. Parker, City Clerk. IDate~J'le I#of · ~ Post-it® Fax Note 7671 --[ ! ~pages~ ~._ T~ ~_,~..~ Fro~~.~ Co./Dept~ ~,~..~ ~. Co. ' Phone~ ' h Ph°ne~l--~S ~ I Publish in the Roanoke Times. once on Sunday, May 12, 1996. Send publisher's affidavit and bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Publish in the ]~I~lgJf~T~, once on Thursday, May 16, 1996. Send publisher's affidavit and bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk June 10, 1996 File ~80 The Honorable James E. Taliaferro, Mayor City of Salem P. O. Box 869 Salem, Virginia Dear Mayor Taliaferro: I am enclosing copy of Resolution No. 32961-060396 recognizing and honoring you upon your retirement as Mayor of the City of Salem, effective June 30, 1996. Resolution No. 32961-060396 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, The 3rd day of June, 1996. No. 32961-060396. VIRGINIA, A RESOLUTION recognizing and honoring the Honorable James E. Taliaferro, Mayor of the City of Salem, upon his retirement. WHEREAS, this Council has learned that James E. Taliaferro, Mayor of the City of Salem, has announced his retirement effective June 30, 1996; WHEREAS, Mayor Taliaferro, who was born in Salem on February 12, 1936, and graduated from Andrew Lewis High School, has been a member of Salem City Council since since 1974; WHEREAS, Mayor Taliaferro has 1972 and has served as Mayor provided the leadership that resulted in many of the City of Salem's major capital improvement projects, such as construction of a new court facility, Salem Stadium, Moyer Sports Complex and Salem Memorial Baseball Stadium; WHEREAS, during Mayor Tallaferro's tenure, the City of Salem established its own independent school system and constructed and renovated many school facilities, School Division that exists today; WHEREAS, Mayor Taliaferro has creating the excellent Salem worked cooperatively with the City of Roanoke on such important regional projects as water and sewer improvements and construction of the Roanoke Regional Airport Terminal; WHEREAS, under the leadership of Mayor Taliaferro, the City of Salem has earned a reputation as an efficiently run and well- managed city offering a high quality of life; and WHEREAS, this Council desires to take special note of the retirement of this outstanding Roanoke Valley leader who has led the City of Salem for nearly twenty-two years; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council adopts this means of recognizing and honoring the Honorable James E. Taliaferro upon his retirement as Mayor of the City of Salem effective June 30, 1996. 2. The Council extends to Mayor Taliaferro its best wishes for his happiness and success in his retirement. 3. The Clerk is directed to forward an attested copy of this resolution to the Honorable James E. Taliaferro, Mayor of the City of Salem. ATTEST: City Clerk. CITY OF ROANOKE MEMORANDUM Date: To: From: May 15, 1996 Wilburn C. Dibling, Jr., City Attorney Mayor David A. Bowers As you know, the Honorable James E. Taliaferro, Mayor, City of Salem, will retire from public office on June 30, 1996. Please prepare the proper measure recognizing and commending the service of Mayor Taliaferro to be considered by City Council on either Monday, June 3 or Monday, June 17. Your assistance will be appreciated. DAB:MFP:sm MARY F. p~, CMC/AAE City Clerk CITY OF ROANOKF OFFICE OF THE CITY CLERK 215 Church Avenue, S.W, Room 456 Roanoke, Virgmia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk June 10,1998 File #55-137-340 The Honorable John W. Warner United States Senator Room 225, Russell Senate Office Building Washington, D. C. 20510 Dear Senator Warner: I am enclosing copy of Resolution No. 32981-060396 requesting that Amtmk reinstate bus service from Roanoke, Virginia to Clifton Forge, Virginia, in order to make Amtrak train service more accessible to the citizens of the City of Roanoke and the Roanoke Valley. Resolution No. 32981-060396 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE: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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk June 10,1996 File #55-137-340 The Honorable Charles S. Robb United States Senator Room 493, Russell Senate Office Building Washington, D. C. 20510 Dear Senator Robb: I am enclosing copy of Resolution No. 32981-060396 requesting that Amtrak reinstate bus service from Roanoke, Virginia to Clifton Forge, Virginia, in order to make Amtrak train service more accessible to the citizens of the City of Roanoke and the Roanoke Valley. Resolution No. 32981-060398 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.V~, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk June 10, 1996 File #$5-137-340 The Honorable Robert W. Goodlatte, Member United States House of Representatives 214 Cannon House Office Building Washington, D. C. 25015 Dear Congressman Goodlatte: I am enclosing copy of Resolution No. 32981-0603~ requesting that Amtrak reinstate bus service from Roanoke, Virginia to Clifton Forge, Virginia, in order to make Amtrak train service more accessible to the citizens of the City of Roanoke and the Roanoke Valley. Resolution No. 32981-060396 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1998. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. IN THECOUNCILOFTHECITY OF ROANOKE, VIRGINIA The 3rd day of June, 1996. No. 32981-060396. A RESOLUTION requesting that Amtrak reinstate bus service from Roanoke to Clifton Forge in order to make Amtrak train service more accessible to the citizens of the City of Roanoke and the Roanoke Valley. WHEREAS, the closest Amtrak train station to Roanoke is located in Clifton Forge, Virginia; and WHEREAS, Amtrak has previously provided bus service from the City of Roanoke to Clifton Forge in order to make Amtrak train service available to the citizens of the City of Roanoke and the Roanoke Valley; and WHEREAS, as of the end of April, 1996, Amtrak has discontinued the bus service from Roanoke to Clifton Forge; and WHEREAS, the Council of the City of Roanoke believes that it is in the interest of the citizens of the City of Roanoke and the Roanoke Valley that Amtrak reinstate the bus service from Roanoke to Clifton Forge in order to make Amtrak train service more accessible to the Citizens of the City of Roanoke and the Roanoke Valley. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Council of the City of Roanoke requests that Amtrak reinstate bus service from Roanoke to Clifton Forge in order to make Amtrak train service more accessible to the citizens of the City of Roanoke and the Roanoke Valley. 2. The City Clerk is directed to forward attested copies of this resolution to the Honorable John W. Warner, United States Senator, the Honorable Charles S. Robb, United States Senator, the Honorable Robert W. Goodlatte, Member, United States House of Representatives, and Amtrak. ATTEST: City Clerk. MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk June 10, 1996 File #-34-184-202 The Honorable David C. Anderson City Treasurer Roanoke, Virginia Dear Mr. Anderson: I am enclosing copy of Resolution No. 32982-060396 appointing you as City Treasurer for a term commencing upon your qualification and expiring on December 31, 1997; pursuant to Section 59 of the City Chaffer, before entering upon the duties of City Treasurer, you shall qualify for office by taking the oath prescribed by general law of the Commonwealth; and pursuant to Section 37 of the City Charter, before entering upon your duties as Treasurer, you shall properly make, execute and lodge with the City Clerk, a bond approved as to formand execution by the City Attorney, payable to the City of Roanoke and executed by you and by the surety hereinafter approved, in the sum of $1,000,0(X).00, conditioned upon you faithfully discharging your official duties in relation to the revenue of the City and such other official duties as may be imposed upon you by the City Charter and by ordinances of the City Council. Resolution No. 32982-060396 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 3, 1996. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of June, 1996. No. 32982-060396. A RESOLUTION appointing David C. Anderson as City Treasurer for a term commencing upon his qualification and expiring on December 31, 1997. WHEREAS, this Council has accepted the resignation of Gordon E. Peters, City Treasurer, effective May 31, 1996; WHEREAS, Mr. Peters was elected for a term commencing January 1, 1994, and expiring December 31, 1997; WHEREAS, §39 of the Roanoke City Charter of 1952 provides that, unless two or more years remain on the term of the Treasurer at the time of vacancy, the City Council shall select a qualified person to fill the office of Treasurer for the balance of the term; WHEREAS, less than two years of the term of Mr. Peters existed at the time of his resignation; and WHEREAS, this Council is desirous of appointing David C. Anderson to fill the vacancy in the Office of City Treasurer created by the resignation of Gordon E. Peters, for a term commencing on Mr. Anderson's qualification and terminating December 31, 1997; THEREFORE, BE Roanoke as follows: IT RESOLVED by the Council of the City of 1. David C. Anderson is hereby appointed as City Treasurer of the City of Roanoke f6r a term commencing upon his qualification and expiring December 31, 1997. 2. Pursuant to S59 of the City Charter, before entering upon the duties of City Treasurer, Mr. Anderson shall qualify for office by taking the oath prescribed by general law of the Commonwealth. 3. Pursuant to §37 of the City Charter, before entering upon his duties as Treasurer, Mr. Anderson shall properly make, execute and lodge with the City Clerk, a bond approved as to form and execution by the City Attorney, payable to the City of Roanoke and executed by the aforesaid David C. Anderson and by the surety hereinafter approved, in the sum of $1,000,000.00, conditioned upon said City Treasurer faithfully discharging his official duties in relation to the revenue of the City and such other official duties as may be imposed upon him by the City Charter and by ordinances of this Council. Council hereby approves the Fidelity and Deposit Company of Maryland, a corporate bonding company, authorized to transact business as a surety in the Commonwealth of Virginia, as the surety of the aforesaid bond. 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk June 10, 1996 File #15-110-488 Mr. Joseph F. Nash, Jr. 1202 Kerns Avenue, S. W. Roanoke, Virginia 24015 Dear Mr. Nash: At e regumr meeang of the Council of the City of Roanoke held on Monday, June 3, 1996, you were elected as a member of the Roanoke Neighborhood Partnership Steedng Commiffee, to fill the unexpired term of Lawrence M. Taylor, ending November 30, 1997. EnMoaed you will find a Cerlffioate of your election end an Oath or Affirmation of Offloa which may be administered by the Clark of the Cimuit Court of the City of Roanoke, Iooated on the third floor of the Roanoke City Courts Facility, 315 Chumh Avenue, S. W. Please tatum one copy of the Oath of Office to Room 456 in the Municipal Building pdor to serving in the capacity to which you were elected. Pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. On behalf of the Members of City Council, I would like to express appreciation for your wiilingness to serve as e member of the Roanoke Neighborhood Partnership Steering Committee. Sincerely, Sandm H. Eakin Deputy City Clerk SHE:em Eno. Mr. Joaeph F. Nash, Jr. June 10,1996 Page 2 pc: Richard S. Winsteed, Chairperson, Roanoke Neighbcxhood Partnership Steedng Committee, 1322 Watauga Street, $. W., Roanoke 24015 Mariam K. Alam, Neighborhood Partnership Coordinator Elizabeth Watson, Secretary, Roanoke Neighborhood Partnership Steering Committee COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Sandra H. Eakin, Deputy City Clerk, and as such Deputy City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the third day of June, 1996, JOSEPH F. NASH, JR., was elected as a member of the Roanoke Neighborhood Partnership Steering Committee, to fill the unexpired term of Lawrence M. Taylor, ending November 30, 1997. 1996. Given under my hand and the Seal of the City of Roanoke this tenth day of June, Deputy City Clerk