Loading...
HomeMy WebLinkAboutCouncil Actions 07-01-96HARRIS $3014 ROANOKE CITY CO UNCIL REGULAR SESSION July 1, 1996 12:30p. m. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Ali Present. Recessed and reconvened in the EOC Conference Room, Room 159, Municipal Building South. Ao A briefing with regard to the Teen Pregnancy Program. (12:40 - 1:10 p.m.) The briefing was received and filed, and Council requested that the City Manager provide a follow-up report in April 1997. File #110-304-370 A briefing with regard to the Summer Youth Activities Program, (1:10 - 1:40 p.m.) Received and filed. File #6%304 C. Hearing of Citizens Upon Public Matters: None. R OANOI(E CITY CO UNCIL OR GANIZA TIONAL MEETING JUL Y 1, 1996 2:00p. m. CITY COUNCIL CHAMBER AGENDA 1. Call to Order. Ail Present. 2. Roll Call. o Statement of Purpose. Mayor David A. Bowers. A report of the City Clerk with regard to the qualification of the Honorable David A. Bowers as Mayor for a term of four years commencing July 1, 1996 and ending June 30, 2000, and Carroll E. Swain, James O. Trout and Linch F. Wyatt for terms of four years, each, commencing July 1, 1996 and ending June 30, 2000; and C. Nelson Harris for a term commencing July 1, 1996 and ending June 30, 1998, as members of the Roanoke City Council. Received and filed. File #15-132 A Resolution recog~iz/ng the Honorable Linch F. Wyatt to be a member of the City Council and Vice-Mayor of the City of Roanoke. Adopted Resolution No. 33014-070196. (7-0) File #80-132 2 A Resolution reco~izing and commending the Honorable William White, Sr., for his service as Acting Vice-Mayor of the City of Roanoke. Adopted Resolution No. 33015-070196. abstained from voting.) File #80-132 (6-0, Council Member White ROANOKE CITY COUNCIL REGULAR SESSION JULY 1, 1996 2:lSp. m. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Ali Present. The Invocation was delivered by Mayor David A. Bowers. The Pledge of Alleginnce to the Flag of the United States of America was led by Mayor David A. Bowers, Welcome. Mayor Bowers. Proclamation declaring Monday, July 1, 1996, as "Team in Training Day". File #3-388 4 CONSENT AGENDA (APPROVED 7-0) 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 A communication from Mayor David A. Bowers requesting an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Vir~nia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in File #15-110-132 Executive Session. C-2 A comm-nication from Mayor David A. Bowers advising that he will present his State of the City message at the regular meeting of Council on Monday, July 15, 1996. RECOMMENDED ACTION: Receive and file. File #132-525 C-3 A communication from Mayor David A. Bowers with regard to filling a vacancy on the Roanoke City School Board created by the resignation of C. Nelson Harris, effective June 30, 1996. RECOMMENDED ACTION: Concur in proposed schedule. File #15-110-467 5 C4 C-5 A communication from the Honorable Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of Virginia, transmitting a report of the Board of Equalization for the taxable year July 1, 1996 to June 30, 1997, inclusive. RECOMMENDED ACTION: Receive and file. File #79-162-214 A communication from Robert W. Glenn, Jr., tendering his resignation as a Commissioner of the City of Roanoke Redevelopment and Housing Authority, effective August 31, 1996. RECOMMENDED ACTION: Receive and file the communication and accept File #15-110-178 the resignation. REGULAR AGENDA 0 HEARING OF CITIZENS UPON PUBLIC MATTERS: None. a. Other Hearing of Citizens: Lewis O. Ferguson, 3209 Troy Avenue, N. W., appeared before Council and expressed concern relative to provisions of Ordinance No. 32575 adopted on July 24, 1995, in connection with the keeping of inoperative vehicles on property in residential, commercial or agricultural districts of the City. He expressed specific concern relative to the requirement that vehicles display a valid license plate or a valid inspection decal, and questioned whether the Ordinance violates the constitutional fights of citizens of the City of Roanoke. The matter was referred to the City Attorney for appropriate communication with Mr. Ferguson. File 020-66 Charles R. Hancock, 1016 Estates Road, S. E., appeared before Council and expressed concern that on June 29, 1996, from approximately 8:30 a.m. until after 11:00 a.m., Fire Station No. 11 was manned by only one employee to enable fire personnel from Station No. 11 to be reassigned to 6 Fire Station No. 4. He inquired if Fire Station No. 11 is less important than Fire Station No. 4. The matter was referred to the City Manager for investigation and report to Council. File #66-70 4. PETITIONS AND COMMUNICATIONS: A communication from Beverly T. Fitzpatrick, Jr., Executive Director, The New Century Council, with regard to naming the tunnel on Airport Road under Runway 24 in memory of the late Marshall L. Harris, former Airport Manager. The matter was referred to the City Manager, City Planning Commission, and the Roanoke Regional Airport Commission for study, report and recommendation to Council. The City Manager was requested to advise Council with regard to the City's policy on naming public structures. File #9-166-200 bo A communication from Kit B. Kiser, Roanoke City Representative, Roanoke Valley Resource Authority, recommending approval of the Authority's proposed fiscal year 1996-97 annual budget. Adopted Resolution No. 33016-070196. (7-0) File #60-253 5. REPORTS OF OFFICERS: a. CITY MANAGER: None. ITEMS RECOMMENDED FOR ACTION: 7 A report with regard to establishment of local incentives and appropriation of funds as set forth in the Enterprise Zone Two application to the Virginia Depastment of Housing and Comm!mity Development. Adopted Budget Ordinance No. 33017-070196 and Ordinance Nos. 33018-070196 and 33019-070196. (%0) File #60-79-178-200-207-236-266-450 A report recommending acceptance and appropriation of fiscal year 1996-97 HOME Investment Parmerships Program Entitlement funds for HOME activities. Adopted Budget Ordinance No. 33020-070196 and Resolution No. 33021-070196. (%0) File #60-72-178-200-236-450 A report recommending acceptance and appropriation of fiscal year 1996-97 Community Development Block Grant Program Entitlement funds for CDBG activities. Adopted Budget Ordinance No. 33022-070196 and Resolution No. 33023-070196. (%0) File 060-72-200-20%236-450 A report recommending authorization to carry over unexpended funds for the Digital Mapping Project to the fiscal year 1996-97 budget. Adopted Budget Ordinance No. 33024-070196. (%0) File #60-!59-183-270-294 A report with regard to a feasibility study for an alternate means of transportation from Downtown Roanoke to Mill Mountain. Concurred in the recommendation. File #6%110-21%27%405 A report recommending appropriation of funds for maintenance and purchase of City telephone equipment and purchase of computer equipment for the Emergency 9-1-1 Center. Adopted Budget Ordinance No. 33025-070196. (7-0) File #60-188-262-472 A report recommending approval of and appropriation of funds for an additional Fraud Investigator position for the Depastment of Social Services. Adopted Budget Ordinance No. 33026-070196. (7-0) File #60-72-184-202 A report recommending appropriation of funds to operate a Truancy Prevention Project during the months of July and August, 1996, to provide services to families whose children have excessive absences from school. Adopted Budget Ordinance No. 33027-070196. (7-0) File #60-72-236-304-467 DIRECTOR OF FINANCE: 1. A financial report for the month of May, 1996. Received and fded. File #1-10 o REPORTS OF COMMITTEES: a. A report of the Bid Committee recommending rejection of all bids submitted for a Biological Aerated Filter Treatment System in connection with the Water Pollution Control Plant expansion and upgrade project. Council Member William White, Sr., Chairperson. Adopted Resolution No. 33028-070196. (6-1, Mayor Bowers voted UOo) File #27-468 9 bo A report of the Water Resources Committee recommending execution of a lease agreement with the State Depadment of Health for the Health Center located at 515 Eighth Street, S. W., for a term of five years commencing July 1, 1996. Kit B. Kiser, Director, Utilities and Operations. Adopted Ordinance No. 33029 on first reading. (7-0) File #22-166-373-468 A report of the Water Resources Committee recommending execution of an amendment to the lease agreement with Q~3antum Medical Business Services, Inc., for use of certain office space located in the Municipal South Building. Kit B. Kiser, Director, Utilities and Operations. Adopted Ordinance No. 33030-070196. (7-0) File #111-188-209-373-468 do A report of the Water Resources Committee recommending acquisition of property fights and permanent utility easements across certain properties for the construction of the Snead Road and Ray Road Waterline Project; and transfer of funds in connection therewith. Kit B. Kiser, Director, Utilities and Operations. Adopted Budget Ordinance No. 33031-070196 and Ordinance No. 33032-070196. (7-0) File 028-30-330-468-514 e# A report of the Water Resources Committee recommending execution of an agreement with Norfolk and Western Railway Company to authorize the City to remove, replace, install, maintain and operate a sanitary sewer pipeline across property owned by the railroad. Kit B. Kiser, Director, Utilities and Operations. Adopted Ordinance No. 33033-070196. (7-0) File #27-58-65-166-223-330 q0 A report of the Water Resources Committee recommending approval of a conditional permit to Briar Oak Investment, L.L.C., to permit encroachment of the building facade located at 15 East Salem Avenue into City right-of-way and airspace along the front of the building. Kit B. Kiser, Director, Utilities and Operations. Adopted Ordinance No. 33034 on first reading. (7-0) File #32-58-166-169-468-481 7. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: Ordinance No. 33007, on second reading, accepting a bid for a franchise to construct, operate and maintain a natural gas distribution system in the City, upon certain terms and conditions, for a twenty (20) year term and authorizing the execution of a Gas Franchise Agreement. Adopted Ordinance No. 3300%070196. Parrott abstained from voting.) File #117-166.330-458 (6-0, Council Member bo Ordinance No. 33008, on second reading, providing for one or more non- exclusive franchises to construct, reconstruct, operate, maintain, repair and extend a Gas Distribution System within the City of Roanoke, Virginia. Adopted Ordinance No. 33008-070196. Parrott abstained from voting.) File #117-166-330-458 (6.0, Council Member Ordinance No. 33009, on second reading, accepting a bid for the right to construct, operate and maintain a gas transmission pipeline on certain property of the City and authori~ng execution of a Gas Pipeline Agreement for a twenty year tenn. Adopted Ordinance No. 33009-070196. Parrott abstained from voting.) File #65-11%166-330-458-468 (6-0, Council Member Ordinance No. 33010, on second reading, rezoning a tract of land located at 2315 Patterson Avenue, S. W., described as Official Tax Nos. 1311601 and 1312318, from HM, Heavy Manufacturing District, to LM, Light Manufacturing District. Adopted Ordinance No. 33010-070196. (7-0) File #51 eo Ordinance No. 33011, on second reading, rezoning a tract of land located on the north side of Bennington Street, at its intersection with Mount Pleasant Boulevard and Rutrough Road, S. E., described as Official Tax No. 4250202, from CN, Neighborhood Commercial District, to C-2, General Commercial District, and that conditions currently applicable to the property be removed to fac'ditate the leasing by the petitioner of retail space in the shopping center currently constructed and operating on the property. Adopted Ordinance No. 33011-070196. (7-0) File 51 Ordinance No. 33012, on second reading, rezoning two tracts of land located on the southerly side of Campbell Avenue, S. E., identified as Official Tax Nos. 4011102 and 4011103, from LM, Light Manufacturing District, to C-3, Central Business District, with the rezoning of Official Tax No. 4011103 to be subject to certain conditions proffered by the petitioner. Adopted Ordinance No. 33012-070196. (7-0) File #51 q2 go Ordinance No. 33013, on second reading, rezoning certain parcels of land in the southwest quadrant of the City, bounded generally by Jackson Avenue on the north, 12th Street on the west, Salem Avenue on the south, and 10th Street on the east, identified as Official Tax Nos. 1211402, 1211502 - 1211505, inclusive, and 1211508 - 1211512, inclusive, and property owned by Norfolk Southern Corporation, identified as Official Tax Nos. 1110806 - 1110809, inclusive, 1110817, and 1110101 - 1110131, inclusive, from LM, Light Manufacturing District, to RM-1, Residential Multi-family, Low Density District; and Official Tax Nos. 1110801 - 1110804, inclusive, and 1110810, from RM-2, Residential Multi-family, Medium Density District, to RM-1, Residential Multi- family, Low Density District. Adopted Ordinance No. 33013-070196. (7-0) File #51-223-514 MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. b. Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. CERTIFICATION OF EXECUTIVE SESSION. (7-0) Council concurred in the following committee assignments: Mayor David A. Bowers Budget and Planning Committee, Chairperson Personnel Committee, Chairperson Ex-officio member on ali authorities, boards, committees and commissions File #60-110-132 13 Vice-Mayor Linda F. Wyatt Budget and Planning Committee Economic Development Commission Legislative Committee Mayor's Committee for the Disabled Personnel Committee Total Action Against Poverty Board of Directors Water Resources Committee Virginia Municipal League Human Development and Education Policy Committee File #17.60-72-110-132-137-200-226-353-450-467-468 Council M~mber C. Nelson Harris Audit Committee Budget and Planning Committee Fifth Planning District Commission Mill Mountain Zoo, Inc. Personnel Committee Roanoke Arts Commission Roanoke Civic Center Commission Virginia Municipal League General Government Policy Committee File #17-60-6%110-132-175-192-200-230-300 Cmmcil M~mher John FL Parrott Bid Committee, Chairperson Budget and Planning Committee The Hotel Roanoke Conference Center Commission Roanoke Valley Regional Cable Television Committee Legislative Committee Personnel Committee Water Resources Committee File 60-110-132-137-200-247-448-468 Council Member Carroll E. Swain Audit Committee Bid Committee Budget and Planning Committee City of Roanoke Transportation Safety Commission Board of Directors Fifth Planning District Commission Personnel Committee Virginia CARES Board of Directors Virginia Municipal League Transportation Policy Committee War Memorial Committee File #17.60-77-110-132-200-300-316-518 Council Mamher Jamt~ O. Trout Budget and Planning Committee Economic Development Commission Housing Strategy Task Force Mill Mountain Development Committee Personnel Committee Roanoke Redevelopment and Housing Authority Roanoke Valley Convention and Visitors Bureau Board of Directors Virginia Municipal League Community Development and Public Safety Policy Committee Virginia Museum of Transportation Board of Directors War Memorial Committee Water Resources Committee File #17.60-67.72.110-132-170-200-229-293-336-450-460-518 Council Member William White. Sr. Audit Committee, Chairperson Budget and Planning Committee Legislative Committee, Chairperson Personnel Committee File 860-110-132-137-200-300 The City Attorney was requested to prepare ~e proper measure appointing Council Member Harris as Council's liaison to the Roanoke Neighborhood Partnership Steering Committee. File #110-132-488 Reappointed the following persons: ]~oard of Fire Appeals Michael K. Quinn for a term ending June 30, 2000. File #15-70-110 Economic Development Commission John D. Baldridge, III, J. Granger Macfarlane, and Alvin L. Nash for terms of three years, each, ending Jane 30, 1999. File #15-110.450 Flood plain Committee Robert H. Bennett, Jr., Willard N. Claytor, Lucian Y. Grove, Kathy S. Hill, Read A. Lunsford, Harold L. Shaffer, Dennis Tinsley, and Edgar V. Wheeler for terms of one year, each, ending June 30, 1997. File #110.237 ~uman Services Committee Raleigh Campbell, Frank W. Feather, Stanley R. Hale, Bernice F. Jones, Harold P. Kyle, Alphonso McCain and Glenn D. Radcliffe for terms of one year, each, ending June 30, 1997. File #72-110 Mill Mountain Develo_om~nt Committee L. Thompson Hanes, Mary E. Kepley, Cad H. Kopitzke, Jordan B. Peck, III, G. Scott Shackelford, Ralph IC Smith, Barry L. Thomas, and Betty C. Winfree for terms of one year, each, ending June 30, 1997. File #67-110 Persnnnel and Employment Practices Commission L. Bane Coburn, I. B. Heinemann, and Jennifer Mulligan for terms of three years, each, ending June 30, 1999. File #15.110-184 ~oanoke Arts Commission Michael Brennan, Brooke Dickson, Richard C. Maxwell, and Janie P. Wheeler for terms of three years, each, ending June 30, 1999. File #15-110-230 ~oanoke Public Library_ Board Roland It. Macher, Gloria P. Manns, and Marc J. Small for terms of three years, each, ending June 30, 1999. File 015-110-323 Special Events Committee Dorothy L. Bull, W' .d?m H. Carder, Grcg Feldmann, Catherine Fox, Peter R. Lampman, Sabnna T. Law, Es~t. elle H. McCadden, Sara L. Mc.G..hee, Samuel G. Oakey, Jr., Beth Poff, Mnchael A. Russell, and Allen T. Wilson for terms of one year, each, ending June 30, 1997. File #87-110-317 War Memorial Committee W. Robert Herbert, SI#an H. Hoopes, Daniel E. Karnes, Alfred C. Moore, and Howard E. Musser for terms of one year, each, ending June 30, 1997. File #110-518 Ma~j F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk July 5, 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. 33018-070196 Ordinance No. 33019-070196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. If you have questions, please do not hesitate to cell me. Sincerely, CMC/AAE City Clerk MFP:sm Enc. Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandm H. Eakin Deputy City Clerk July 5, 1996 Ronald S. Albright, Clerk General District Court Roanoke, Virginia Dear Mr. Albright: I am attaching copy of the following measures that pertain to your department: Ordinance No. 33018-070196 Ordinance No. 33019-070196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandm H. Eakin Deputy C~ty Clerk July 5, 1996 Bobby D. Casey Office of the Magistrate Roanoke, Virginia Dear Mr. Casey: I am attaching copy of the following measures that pertain to your department: Ordinance No. 33018-070196 Ordinance No. 33019-070196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm ERC. Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandm H. Eakin Deputy City Clerk July 5, 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. 33018-070196 Ordinance No. 33019-070196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. If you have questions, please do not hesitate to call me. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Mary F. Parker, CMC/AAE c~y Crerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk July 5, 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. 33018-070196 Ordinance No. 33019-070196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Mary F. Parker, CMC/AAE c~y Clerk CITY OF ROANOKE Office of the City Clerk · andra H. Eakin Deputy City Clerk July 5, 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. 33018-070196 Ordinance No. 33019-070196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk July5, 1996 Sandra H. Eakin Deputy City Clerk 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. 33010-070196 Ordinance No. 33011-070196 Ordinance No. 33012-070196 Ordinance No. 33013-070196 Budget Ordinance No. 33017-070196 Ordinance No. 33018-070196 Ordinance No. 33019-070196 Budget Ordinance No. 33020-070196 Resolution No. 33021-070196 Budget Ordinance No. 33022-070196 Resolution No. 33023-070196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk July 5, 1996 John R. Marllas, Chief Planning and Community Development Roanoke, Virginia Dear Mr. Marllas: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 33017-070196 Ordinance No. 33018-070196 Ordinance No. 33019-070196 Budget Ordinance No. 33020-070196 Resolution No. 33021-070196 Budget Ordinance No. 33022-070196 Resolution No. 33023-070196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. CITY OF RO_..ANOKE Office of the C,ty Clerk Mary F. Parker, CMC/AAE City Clerk Sandm H. Eakin Deputy City Clerk July 5, 1996 Phillip F. Sparks Chief of Economic Development Roanoke, Virginia Dear Mr. Sparks: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 33020-070196 Resolution No. 33021-070196 Budget Ordinance No. 33022-070196 Resolution No. 33023-070196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Offi¢ o[ Mary F. Parker, CMC/AAE City Clerk July 5, 1996 Sandra H. Eakin Deputy City Clerk Willard N. Claytor Director of Real Estate Valuation Roanoke, Virginia Dear Mr. Claytor: I am attaching copy of the following measures that pertain to your department: Ordinance No. 33010-070196 Ordinance No. 33011-070196 Ordinance No. 33012-070196 Ordinance No. 33013-070196 Budget Ordinance No. 33017-070196 Ordinance No. 33018-070196 Ordinance No. 33019-070196 The aboverefemnced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eno. pc: Kathy S. Brickey, Appraiser Aide, Real Estate Valuation CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE c~y Ck~rk Sandra H. Eakin Deputy City Clerk July 5, 1996 Dana D. Long, Acting Chief Billings and Collections Roanoke, Virginia Dear Ms. Long: I am attaching copy of the following measures that pertain to your department: Ordinance No. 33007-070196 Ordinance No. 33008-070196 Ordinance No. 33009-070196 Budget Ordinance No. 33017-070196 Ordinance No. 33018-070196 Ordinance No. 33019-070196 Ordinance No. 33030-070196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Offi¢ of ¢l rk Mary F. Parker, CMC/AAE City Clerk Sandra H. Eakin Deputy City Clerk July 5, 1996 Jesse H. Perdue, Jr., Manager Utility Line Services Roanoke, Virginia Dear Mr. Perdue: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 33017-070196 Ordinance No. 33018-070196 Ordinance No. 33019-070196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE cay C~rk Sandra H. Eakin Deputy cay Ck~rk July 5, 1996 Vickie L. Price Administrator Fifth District Employment and Training Consortium Roanoke, Virginia Dear Ms, Price: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 33022-070196 Resolution No. 33023-071096 The abovereferanced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMCIAAE City Clerk Sandra H. F. akin Deputy City Clerk July 5, 1996 Ronald L. Wade, Acting Manager Communications Department Roanoke, Virginia Dear Mr. Wade: I am attaching copy of the following measure that pertains to your department: Budget Ordinance No. 33025-070196 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. If you have questions, please do not hesitate to call me. Sincerely, p~ Mary . City Clerk MFP:sm Enc. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMCIAAE C~y C~erk Sandra H. Eakin Deputy City Clerk July 5, 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. 33026-070196 The aboVereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. If you have questions, please do not hesitate to call me. Sincerely, p~ Mary F. Parker, CMC/AAE City Clerk MFP:sm Eric. Mary F. Parker, CMCIAAE City Clerk Sandra H. Eakin Deputy City C~rk July 5, 1996 Corinne B. Gott, Manager Social Services Roanoke, Virginia Dear Ms. Gott: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 33026-070196 Budget Ordinance No. 33027-070196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMCIAAE City Clerk Sandra H. F. akin Depmy City Clerk July 5, 1996 Ellen S. Evans Construction Cost Technician Roanoke, Virginia Dear Ms. Evans: I am attaching copy of the following measures that pertain to the Engineering Department: Budget Ordinance No. 33024-070196 Resolution No. 33028-070196 Budget Ordinance No. 33031-070196 Ordinance No. 33032-070196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. CITY OF RO_..ANOKE Office of the C,ty Clerk Mary F. Parker, CMC/AAE c~y Clerk ~andra H. Eakin Deputy C~y C~rk July 5, 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. 33010-070196 Ordinance No. 33011-070196 Ordinance No. 33012-070196 Ordinance No. 33013-070196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. CITY OF RO_..ANOKE Office of the C,ty Clerk Maw F. Parker, CMCIAAE Cay Clerk Sandra H. Eakin Deputy Cay Clerk July 5, 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. 33010-070196 Ordinance No. 33011-070196 Ordinance No. 33012-070196 Ordinance No. 33013-070196 The aboverefemnced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996, If you have questions, please do not hesitate to cell me. Sincerely, City Clerk MFP:sm Enc. Mary F. Parker, CMC/AAE city c~erk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk July5, 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. 33018-070196 Ordinance No. 33019-070196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandm H. Eakin Deputy City Clerk July 5, 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 Dear Judge Willett, Judge Clemens, Judge Weckstein, Judge Strickland, Judge Pattisall and Judge Doherty: I am attaching copy of the following measures that pertain to the Circuit Court: Ordinance No. 33018-070196 Ordinance No. 33019-070196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Mary F. Parker, CMC/AAE c~y c~erk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakln Deputy City Clerk July 5, 1996 The Honorable Julian H. Raney, Jr., Chief Judge The Honorable George W. Harris, Jr., Judge The Honorable Vincent A. Lilley, Judge The Honorable William D. Broadhurst, Judge The Honorable Jacqueline F. Ward Talevi General District Court Roanoke, Virginia Dear Judge Raney, Judge Harris, Judge Lilley, Judge Broadhurst, and Judge Talevi: I am attaching copy of the following measures that pertain to the General District Court: Ordinance No. 33018-070196 Ordinance No. 33019-070196 The abovereferanced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. If you have questions, please do not hesitate to call me. Sincerely, CMC/AAE City Clerk MFP:sm Enc. MaW F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk July5, 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. 33027-070196 Resolution No. 33028-070196 Budget Ordinance No. 33031-070196 Ordinance No. 33032-070196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc, Maw Fo Parker, CMCiAAE C~y Clerk CITY OF ROANOKE Office of the City Clerk ~andm H. Eakin Deputy City Clerk July5, 1996 Charles M. Huffine City Engineer Roanoke, Virginia Dear Mr. Huffine: I am attaching copy of the following measures that pertain to your department: Ordinance No. 33010-070196 Ordinance No. 33011-070196 Ordinance No. 33012-070196 Ordinance No. 33013-070196 Budget Ordinance No. 33020-070196 Resolution No. 33021-070196 Budget Ordinance No. 33022-070196 Resolution No. 33023-070196 Budget Ordinance No. 33024-070196 Resolution No. 33028-070196 Ordinance No. 33030-070196 Budget Ordinance No. 33031-070196 Ordinance No. 33032-070196 Ordinance No. 33033-070196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. Charles M. Huffine City .Engineer July 5, 1996 Page 2 If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Mary F. Parker, CMCIAAE c~ Cl~rk CITY OF ROANOKE Office of the City Clerk Sandm H. Eakin Deputy City Clark July 5, 1996 Vickie S. Tregubov Grants Monitor Grants Compliance Roanoke, Virginia Dear Ms. Tregubov: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 33020-070196 Resolution No. 33021-070196 Budget Ordinance No. 33022-070196 Resolution No. 33023-070196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandm H. Eakin Deputy City Clerk July 5, 1996 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. 33007-070196 Ordinance No. 33008-070196 Ordinance No. 33009-070196 Ordinance No. 33010-070196 Ordinance No. 33011-070196 Ordinance No. 33012-070196 Ordinance No. 33013-O70196 Budget Ordinance No. 33017-070196 Ordinance No. 33018-070196 Ordinance No. 33019-070196 Budget Ordinance No. 33020-070196 Resolution No. 33021-070196 Budget Ordinance No. 33022-070196 Resolution No. 33023-070196 Budget Ordinance No. 33024-070196 Resolution No. 33028-070196 Ordinance No. 33030-070196 Budget Ordinance No. 33031-070196 Ordinance No. 33032-070196 Ordinance No. 33033-070196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. William F. Clark, Director Public Works July 5, 1996 Page 2 If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Mary F. Parker, CMCIAAE C~ty Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk July 5, 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. 33025-070196 Ordinance No. 33030-070196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Mary F. Parker, CMCIAAE c~y Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk July5, 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. 33007-070196 Ordinance No. 33008-070196 Ordinance No. 33009-070196 Ordinance No. 33010-070196 Ordinance No. 33011-070196 Ordinance No. 33012-070196 Ordinance No. 33013-070196 Budget Ordinance No. 33017-070196 Ordinance No. 33018-070196 Ordinance No. 33019-070196 Budget Ordinance No. 33027-070196 Ordinance No. 33030-070196 Budget Ordinance No. 33031-070196 Ordinance No. 33032-070196 The aboverefemnced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. Kit B. Kiser, Director Utilities and Operations July 5, 1996 Page 2 If you have questions MFP:sm please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk Eno. Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandm H. Eakin Deputy City Clerk July 5, 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. 33020-O70196 Resolution No. 33021-070196 Budget Ordinance No. 33022-070196 Resolution No. 33023-070196 Budget Ordinance No. 33026-070196 Budget Ordinance No. 33027-070196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July ;I, 1996. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Mary F. Parker, CMCIAAE Ck'y Clerk CITY OF R O./INOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk July 5, 1996 Diane S. Akers Budget Administrator Office of Management and Budget Roanoke, Virginia Dear Ms. Akers: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 33017-070196 Ordinance No. 33018-070196 Ordinance No. 33019-070196 Budget Ordinance No. 33022-070196 Resolution No. 33023-070196 Budget Ordinance No. 33024-070196 Budget Ordinance No. 33025-070196 Budget Ordinance No. 33026-070196 Budget Ordinance No. 33027-070196 Resolution No. 33028-070196 Ordinance No. 33030-070196 Budget Ordinance No. 33031-070196 Ordinance No. 33032-070196 Diane S. Akers Budget Administrator July 5, 1996 Page 2 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eric. Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMCIAAE Deputy City Clerk July 5, 1996 Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia Dear Mr, Dibling: I am attaching copy of the following measures that pertain to your department: Ordinance No. 33007-070196 Ordinance No. 33008-070196 Ordinance No. 33009-070196 Ordinance No. 33010-070196 Ordinance No. 33011-070196 Ordinance No. 33012-070196 Ordinance No. 33013-070196 Resolution No. 33016-070196 Ordinance No. 33018-070196 Ordinance No. 33019-070196 Resolution No. 33021-070196 Resolution No. 33023-070196 Resolution No. 33028-070196 Ordinance No. 33030-070196 Ordinance No. 33032-070196 Ordinance No. 33033-070196 Wilbum C. Dibling, Jr. City Attorney July 5, 1996 Page 2 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMCIAAE C~y Clerk Sandm H. F. akin Deputy City Clerk July 5, 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. 33007-070196 Ordinance No. 33008-070196 Ordinance No. 33009-070196 Resolution No. 33016-070196 Budget Ordinance No. 33017-070196 Ordinance No. 33018-070196 Ordinance No. 33019-070196 Budget Ordinance No. 33020-070196 Resolution No. 33021-070196 Budget Ordinance No. 33022-070196 Resolution No. 33023-070196 Budget Ordinance No. 33024-070196 Budget Ordinance No. 33025-070196 Budget Ordinance No. 33026-070196 Budget Ordinance No. 33027-070196 Resolution No. 33028-070196 Ordinance No. 33030-070196 Budget Ordinance No. 33031-070196 Ordinance No. 33032-070196 Ordinance No. 33033-070196 James D. Grisso Director of Finance July 5, 1996 Page 2 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. If you have questions, please do not hesitate to call me. Sincerely, p~ Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk ~ndm H. Eakin Deputy City Clerk July 5, 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. Ordinance No. Ordinance No. Ordinance No. Ordinance No. Ordinance No. Ordinance No. 33007-070196 33008-070196 33009-070196 33010-070196 33011-070196 33012-070196 33013-070196. Resolution No. 33016-070196 Budget Ordinance No. 33017-070196 Ordinance No. 33018-070196 Ordinance No. 33019-070196 Budget Ordinance No. 33020-070196 Resolution No. 33021-070196 Budget Ordinance No. 33022-070196 Resolution No. 33023-070196 Budget Ordinance No. 33024-070196 Budget Ordinance No. 33025-070196 Budget Ordinance No. 33026-070196 Budget Ordinance No. 33027-070196 Resolution No. 33028-070196 Ordinance No. 33030-070196 W. Robert Herbert City Manager July 5, 1996 Page 2 Budget Ordinance No. 33031-070196 Ordinance No. 33032-070196 Ordinance No. 33033-070196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. MaW F. Parker, CMCIAAE C~y Clerk CITY OF ROANOKE Office of the City Clerk 8andm H. Eakin Deputy City Clerk July 5, 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. 33007-070196 Ordinance No. 33008-070196 Ordinance No. 33009-070196 Budget Ordinance No. 33017-070196 Ordinance No. 33018-070196 Ordinance No. 33019-070196 Resolution No. 33028-070196 Budget Ordinance No. 33031-070196 Ordinance No. 33032-070196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. Miry F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk 8andre H. Eakin Deputy city Clerk July 5, 1996 Glenn A. Asher Risk Management Officer Rr '~oke, Virginia D. NIr. Asher: I am attaching copy of the following measures that pertain to your department: Ordinance No. 33007-070196 Ordinance No. 33008-070196 Ordinance No. 33009-070196 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMCIAAE c~y C~erk 8andra H. Eakin Deputy c~y C~rk July 5, 1996 Wanda L. Reed, Manager Emergency Services Roanoke, Virginia Dear Ms. Reed: I am attaching copy of the following measure that pertains to your department: Ordinance No. 33030-070196 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Mary F. P.rker, CMC/AAE City Cbrk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clark July 8, 1996 File #110-304-370 James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: At a regular meeting of the Council of the City of Roanoke held on Monday, July 1, 1996, a briefing was presented with regard to the Teen Pregnancy Program. On motion, duly seconded and unanimously adopted, the briefing was received and filed, and Council requested a follow-up briefing in April 1997. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Glenn D. Radcliffe, Director, Human Resources Marion Vaughn-Howard, Youth Planner July 1, 1996 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Please reserve space on the agenda for a 12:30 p. m. briefing on Teen Pregnancy followed by a Summer Youth Activity briefing. WRH:w cc: City Attorney Director of Finance City Clerk Respectfully submitted, Director of Public Works July 12, 1996 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: SUBJECT: 1996 Summer Youth Summit Staff During the briefing on July l, a question was asked concerning the racial and gender breakdown of persons employed for our summer youth activities. I am pleased to provide the enclosed information which I hope is responsive to this inquiry. Ifl can provide further information, please call me at 981-2741. Respectfully, William F. Clark Director of Public Works pr Enclosure CCl / vrvlary F. Parker, City Clerk W. Robert Herbert, City Manager James D. Ritchie, Assistant City Manager Kenneth S. Cronin, Manager, Personnel Management John W. Coates, Manager, Parks and Recreation/Grounds Room 354, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011-1584 (703) 981-2741 DATE: TO: FROM: SUBJECT: CITY OF ROANOKE DEPARTMENT OF PARKS AND RECREATION INTERDEPARTMENTAL MEMO July 8, 1996 /?v ,~,~ ~ William F. Clark, Director of Public Wo John W. Coates, Manager, Parks & Recrea~~. City Council Request Attached is the breakdown of our 1996 Youth Summit summer staff, listing sex and race, pursuant to the request of Vice Mayor Linda Wyatt at the City Council meeting on July 1, 1996. I am available to further discuss this report upon my return fi.om vacation on July 15, 1996. JWC:plr Attachment pc~ Lynn Vernon, Acting Manager Vic Garber, Recreation Superintendent 1996 SUMMER YOUTH SUMMIT STAFF Adventures in the Park: Total Adventures Staff by Race: Total Adventures Staff by Sex: White Females - 10 Black Females ~ 9 Stars Come Out At Night: Total Staff by Race - WH/TE 3 BLACK 3 Total Staff by Sex -MALE 3 FEMALE 3 BLACK 15 :: WHITE 18 ,' MALE 14 FEMALE 19 White Males - 8 Black Males - 6 White Females - 2 Black Females - 1 Midnight Basketball: Total Staff by Race - White Males - 1 Black Males - 2 WHITE0 BLACK3 White Females - 0 White Males - 0 Black Females - 1 Black Males - 2 Total Staff by Sex - MALE 2 FEMALE 1 Mayor Bowers and Members of Council. I am pleased to have the opportunity to brief you today in regard to the City's Summer Youth Activities Programs. Many of you may recall the 1992 "Youth Summit" which involved a survey of 51 organizations, religious congregations, and interested citizens. This survey identified an inventory of youth programs and services available throughout Roanoke. Four focus groups were then formed to develop strategies to enhance the availability of positive opportunities for our young people. The recommendations developed during this process were implemented during the summer of 1992 with emphasis placed in the following areas: Youth Role Model Program Teen Special Events Recreational Opportunities in the Parks, and Internships, Jobs, and Volunteer Opportunities The partnership developed between the Office on Youth, Roanoke City Police Department and Parks & Recreation Department in order to implement these opportunities has continued to evolve into a strong viable entity. This program is now entering its i'u'th season, and we JL~_-10-19% 15: 51 54~98i i287 99% P. 02 believe this year will prove to be the most exciting, innovative, and successful season for the Youth Summit Activities. I would like to call upon a few of the people who are providing leadership in these program areas to share with you some specifics regarding each program. First, I would like to recognize Officer Bill Latham, Crime Prevention Officer with the Roanoke City Police Department to update you on thi.~ year's DRUG ABUSE RESISTANCE EDUCATION CAMP (also commonly known as DARE camp): Officer Latham: Thank you Officer Latham. I would now like to ask that Vic Garber, Recreation Superintendent, provide you with an update in regard to several recreation programs. Vic Garber: Thank you, Mr. Gather. Marion Vaughan Howard of the Office on Youth is not able to be with us today, so I will provide you with an overview of the Summer Jobs Internship program: Our commitment toward enhancing the quality of life for the young people of Roanoke does not begin and end with the Youth Summit JUL-10-1996 13:52 540981128? 96~ P.05 Programs. You should find at your seat some literature which provides a sampling of other opportunities for our youth. We are continuing expand our leisure service offerings into new areas each quarter of the year. Our Adventure Bound program offers canoeing opportunities this summer for the first time. Thanks to a $20,000 Reebok Settlement Award through the State Attorney General's Office, we were able to buy eleven canoes. Youth Sports camps this year include a series of week long soccer camps in cooperation with the Roanoke Riverdawgs Minor League Soccer Team. Registration in Youth Athletic Leagues continues to grow: for example, this summer we saw au increase of 29 youth softball and baseball teams. We are currently conducting sign-ups for football and soccer and anticipate similar increases in these sports. Last year, we served 1,200 youth through our recreational soccer league alone. Programs for youth at our recreation centers continue to expand as we continue to make a priority of being open when our young ~UL-10-1996 1Z:Z2 5z~9811287 96~ P.04 people typically have idle time. We are excited about the stong emphasis the City has placed upon assuring our young people have quality in their lives - and thank you for allowing us the opportunity to update you today with the state of our programs. I would be happy to address any questions you may have at this time. JUL-10-1~6 1~:52 5409~11287 98~ P.05 Given under our hands and the Seal of the City of Roanoke this first day of July nineteen hundred and ninety-six. Team in Training is a marathon training program in which novice and seasoned runners and walkers are trained to complete marathons; and in exchange for their training, participants raise funds for the Leukemia Society through individual pledges and corporate sponsorships which are applied to the research, patient aid, and community service programs of the Leukemia Society of ,4merica; and WItEREAS, approximately 97,000 .4mericans will be diagnosed with, and approximately 55,000 .4mericans will die from leukemia or a related cancer this year; and t~ItEREAS, runners from the Roanoke and Blacksburg areas will be participating in the July 14, 1996, San Francisco Marathon on behalf of a local patient suffering from leukemia or related diseases, and to aid the Leukemia Society in finding a cure for this dread disease by the year 2000. NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke, Virginia, in order to gain community support prior to the San Francisco Marathon, do hereby proclaim July 1, 1996, throughout the City of Roanoke, as TEAM IN TRAINING DA Y. Mary F. Parker City Clerk David A. Bowers Mayor 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 July 1, 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, David ^. Bowers Mayor DAB:sm DAVID A. BOWERS Mayo~ 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 July 1 1996 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Re: State of the City Address Dear Members of Council: With your permission, I would like to delay presentation of the State of the City Address until the meeting of Council on Monday, July 15, 1996, at 2:00 p.m. I think this delay is prudent because July 1 will be our Organizational Meeting, and, secondly, the City Manager will be out of the country until July 11. Please let me know if you have any objections to postponing this matter until July 15. Best personal regards. Sincerely, Mayor DAB:MFP:sm pc: The Honorable C. Nelson Harris, Council Member-Elect, 2813 Edgewood Street, S. W., Roanoke, Virginia 24015 The Honorable Carroll E Swain, Council Member-Elect, 3434 Kershaw Road, N. W., Roanoke, Virginia 24017 The Honorable James O. Trout, Council Member-Elect, 2102 Stephenson Avenue, S. W., Roanoke, Virginia 24014 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 July 1, 1996 The Honorable Vice'Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: I am enclosing copy of Section 9-23 of the Code of the City of Roanoke (1979), as amended, with regard to the filling of a vacancy on the Roanoke City SchOol Board not caused by ordinary expiration of term. As you know, The Reverend C. Nelson Harris will officially take his seat as a Member of the Roanoke City Council on Monday, July 1, 1996, at the Council's Organizational Meeting. On Monday, June 17, 1996, Council accepted Reverend Harris' resignation, effective June 30, 1996. Therefore, it will be necessary for Council to fill his unexpired term ending June 30, 1998. Your consideration of the following proposed schedule is requested: July 1, 1996 2:00 p.m. Council authorize a Public Notice to be advertised in ~3~3g~_~J33~ and ~ announcing the vacancy July 5, 1996 Advertise public notice July 19, 1996 Deadline for receipt of applications July 26, 1996 Advertise notice of public hearing to receive the views of citizens H:'~COUNClL~HARRIS.WPD The Honorable Vice-Mayor and Members of the Roanoke City Council July 1, 1996 Page 2 August 5, 1996 2:00 p.m. August 19, 1996 2:00 p.m. The concurrence of Council in the proposed schedule will be appreciated. Best personal regards. DAB:MFP:sm Enc. Public hearing on appointment Election of School Board member Sincerely, David A. Bowers Mayor The Council of the City of Roanoke invites applications for appointment to the Roanoke City School Board to fill the unexpired term of C. Nelson Harris, resigned, ending June 30, 1998. Applications and information describing the duties and responsibilities of Trustees of the Roanoke City School Board will be available in the City Clerk's Office, Room 456, Municipal Building, 215 Church Avenue, S. W., between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. The deadline for receipt of applications is Friday, July 19, 1996, at 5:00 p.m. Mary F, Parker, City Clerk Note to Publisher: Publish in block style, no less than four inches by three inches in size, in The Roanoke Tribune on Thursday, July 11, 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 The Council of the City of Roanoke invites applications for appointment to the Roanoke City School Board to fill the unexpired term of C. Nelson Harris, resigned, ending June 30, 1998. Applications and information describing the duties and responsibilities of Trustees of the Roanoke City School Board will be available in the City Clerk's Office, Room 456, Municipal Building, 215 Church Avenue, S. W., between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. The deadline for receipt of applications is Friday, July 19, 1996, at 5:00 p.m. Mary F. Parker, City Clerk Note to Publisher: Publish in block style, no less than four inches by three inches in size, in the Roanoke Times on Monday, July 8, 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 ClTY OFROANOKE COX CABLE CHANNEL 3 MESSAGE REQUEST TO: MICHELLE BONO FROM: Mary F. Parker DATE: July 8, 1996 MESSAGE # START DATE: July 8, 1996 END DATE: July 19, 1996 DEPARTMENT: Ci~ Clerk (Please Do Not Complete - For Office Use Only) CITY OFROANOKE Roanoke City Council invites applications for appointment to the Roanoke City School Board to fill unexpired term of C. Nelson Harris, resigned, ending June 30, 1998. See next page ... MARY E PARKER, CMC/AAE City C~erk 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 July 8, 1996 SANDRA H. EAKIN Deputy City Clerk To: All applicants for the position of School Trustee The Council of the City of Roanoke invites applications for appointment to the Roanoke City School Board to fill the unexpired term of C. Nelson Harris, resigned, ending June 30, 1998. I am enclosing the following information with regard to duties and responsibilities of School Trustees: Chapter 9, ~, of the Code of the City of Roanoke (1979), as amended; Section 56 of the Roanoke City Charter; Sections 22.1-71 - 22.1-87, Code of Virginia (1950), as amended; Membership of the current Roanoke City School Board; and Application for appointment to the School Board. The deadline for receipt of applications is Friday, July 19, 1996, at 5:00 p.m., in the City Clerk's Office, Room 456, Municipal Building, 215 Church Avenue, S. W. If you desire additional information, or if I may be of assistance, please feel free to call me at 981-2541. MFP:sm Sincerely, City Clerk 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 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk July 8, 1996 File #79-162-214 The Honorable Richard C. Pattisall, Judge Twenty-Third Judicial Circuit of Virginia Roanoke City Courthouse 315 Church Avenue, S. W. Roanoke, Virginia 24002-0211 Dear Judge Pattisall: Your communication transmitting a report of the Board of Equalization for the taxable year July 1, 1996 to June 30, 1997, inclusive, was before the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. On motion, duly seconded and unanimously adopted, the communication and report were received and filed. Sincerely, ~~ Mary F. Parkerl CMCIAAE City Clerk MFP:$m The Honorable Richard C. Pattisall, Judge Twenty-Third Judicial Circuit of Virginia July 8, 1996 Page 2 pc: The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit of Virginia W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney W. G. Light, Chairman, Board of Equalization, 2066 Kenwood Boulevard, S. E., Roanoke, Virginia 24013 RICHARD C. PATTISALL. JUDGE ROANOKE CITY COURTHOUSE TWENTY-THIRD JUDICIAL CIRCUIT OF VIRGINIA RECEIVED J UN Z § 1995 MAYOR'S OFFICE CIRCUIT COURT FOR THE COUNTy OF ROANOKE CIRCUIT COURT FOR THE CITY OF ROANOKE CIRCUIT COURT FOR THE CITY OF SALEM June 21, 1996 Honorable David A. Bowers, Members of City Council 215 Church Avenue, S. W. Roanoke, Virginia 24011 Mayor RE: 1996 Report of the Board of Equalization Dear Mr. Mayor and Members of Council: I am enclosing a copy of the Report of the Equalization in preparation for the taxable year July 1, June 30, 1997, inclusive, received were 19 commercial appeals residential appeals Board of 1996, to The Board 109 appeals. There and industrial considered and 84 considered. Orders dated June 14, 1996, were mailed on June 14, 1996, informing each taxpayer of the Board's decision. The Board was particularly grateful to Bob Herbert, City Manager, and his staff for providing private office space for the Board to meet with City taxpayers to perform the Board's duties. The Board also expressed thanks to Will Claytor and his staff for their cooperation in supplying property data and their time in meeting with the Board on accessed values. They trust this assistance will be available for future Equalization Boards. The Board recommends that future Equalization Boards continue to have access to the computer service in their work and strongly recommends that future Equalization Boards be provided with the current office space that is private and separate from the Office of Real Estate Valuation. The Board further recommends that in order to accomplish their duties as members of the Board of Equalization of Real Estate Assessments for the City of Roanoke that it is critical to have proper, private space for the Board to meet with City taxpayers and that such space be provided. Hon. David A. Bowers, Mayor -2- June 21, 1996 The Executive Secretary to the Board of Equalization, Ms. Pat Lam, is an irreplaceable asset. Her efforts and support should be commended. The Board of Equalization could not function without her assistance. I met with the members of the Equalization Board on June 21, 1996, at 11:30 a.m. and generally discussed its activities. Each of the members of the Board exhibited a positive attitude toward his work and the working relationship between the Equalization Board and the Roanoke City Administration. Each is willing to serve next year. If you are aware of any problems, or if you wish to offer any suggestions for the improvement of the appointment process for the Equalization Board, please advise us. I am providing copies of this letter to those persons indicated below. I am enclosing a copy of the order appointing the present Board members. It has been a pleasure working with this Board. Please advise me if I can be of further assistance or provide further information. Very truly yours, RCP:jhc Enclosures W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Honorable Clifford R. Weckstein Honorable Diane McQ. Strickland Honorable Robert P. Doherty, Jr. Mr. W. G. (Bill) Light, Chairman Mr. Rutledge W. Robertson, II, Vice-Chairman Mr. Randolph E. Harrison, Jr., Secretary Ms. Mary F. Parker, City Clerk Ms. Pat Lam, Executive Secretary to the Board of Equalization June ~8, 1996 The Honorable Richard C. Pattisall Judge of the Circuit Court City of Roanoke Roanoke, Virginia 24011 Dear Judge Pattisall: We wish to inform you that the Board of Equalization has completed its work for the taxable year July 1, 1996 to June 30, 1997. The Board received 109 Appeals. All properties were inspected with the following results: 109 Appeals were considered 19 Commercial and Industrial 10 Commercial and Industrial Affirmed Value 9 Commercial and Industrial Decreased Value 84 Residential 51 Residendial Affirmed Value 33 Residential Decreased Value 6 Appeals were withdrawn before inspection Orders dated June 14, 1996 were mailed on June 14, 1996 informing each taxpayer of our decision. Our special thanks to City Manager, Bob Herbert and his staff for providing private office space for the Board to meet with City taxpayers and perform our duties. Also, thanks to Will Claytor and his staff for their cooperation in supplying property data and their time in meeting with us on accessed values. We trust that this assistance will be available for future Equalization Boards. It is recommended that future Equalization Boards continue to have access to the computer service in their work. Also, it is strongly recommended that future Equalization Boards be provided with same office space that is private and seperate from the Office of Real Estate Valuation. We feel that in order to accomplish our duties as members of the Board of Equalization of Real Estate Assessments for the City of Roanoke, it is critical that proper, private space be provided to meet with City taxpayers. The Honorable Richard C. Page 2 June 18, 1996 Pattisall Should you have any questions, please contact us. Very truly yours, Board of Equalization of Real Estate Assessments for the City of Roanoke Randolph E. Harrison, J~. ,/~e~eretary WOL/pl VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF ROANOKE IN RE: CITY OF ROANOKE BOARD OF EQUALIZATION In accordance with Section 32-39, Code of the City of Roanoke,~'Virginia, and Section 58.1-3370 of the Code of Virginia, of 1950, Randolph E. Harrison, Jr., Willard G. Light and Rutledge W. Robertson, freeholders and citizens of the City of Roanoke, Virginia, are hereby appointed to the Board of Equalization of Real Estate Assessment for the City of Roanoke, Virginia, for an additional term beginning March 1, 1996, as provided by law; but before entering upon their duties as such, each shall take and subscribe the oath of office prescribed by law and shall complete the requirements of serving on a board of equalization required by law. It appears and the Court finds that the herein appointees have completed the required basic course of instruction given by the Department of Taxation under Section 58.1-206 of the Code of Virginia. It is further ADJUDGED ORDERED and DECREED that each member of the Board of Equalization of Real Estate Assessment shall be compensated for this duties as such rate as may be fixed by City Council as required by law, and they shall be provided such secretarial and logistical support as Council feels appropriate 800K 5~ P1~8£ 1827 Roy/~./'~i2 :t, Chief Judge Robert P-. Doherty~.,' Judge MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 4:56 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Cl~rk July 8, 1996 File #15-110-178 Mr. Robert W. Glenn, Jr. P. O. Box 14173 Roanoke, Virginia 24038 Dear Mr. Glenn: Your communication tendering your resignation as a Commissioner of the City of Roanoke Redevelopment and Housing Authority, effective August 31, 1996, was before the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. On motion, duly seconded and unanimously adopted, the communication was received and filed and your resignation was accepted. The Members of City Council requested that I express sincere appreciation for your willingness to serve the City of Roanoke as a Commissioner of the Roanoke Redevelopment and Housing Authority. Please find enclosed a Certificate of Appreciation and an aerialview photograph of the Roanoke Valley which was issued by the Mayor on behalf of the Members of the Roanoke City Council. Sincarely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. Mr. Robert W. Glenn, Jr. July 8, 1996 Page 2 pc: Willis M. Anderson, Chairperson, City of Roanoke Redevelopment and Housing Authority Board of Commissioners, 2601 Cornwallis Avenue, S. E., Roanoke, Virginia 24014 Neva J. Smith, Executive Director, City of Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Sandra H. Eakin, Deputy City Clerk The Issues Mar gG e pment June 23, 1996 Ms. Mary F. Parker City Clerk 215 Church Avenue, SW Roanoke, VA 24011-1536 Dear Mary: This letter follows our Friday telephone conversation. Please advise City Council that I will be unable to stand for reappointment to the Board of Commissioners of the Roanoke Redevelopment and Housing Authority when my term expires later this summer. It is hard for me to believe that four years have passed since my last reappointment to the Authority board! As we discussed, I promised myself four years ago that this term would be my last and I feel very strongly that I should honor that commitment. It has long been my practice to iimit my service on any board; after nearly two terms, it is time for change. Please pass along my best wishes to each member of council. It has been both a pleasure and a learning experience to serve on the Authority board. Finally, I have enjoyed the opportunity to get to know you through my city service. I continue to be impressed with the manner in which you lead the office of city clerk and with the professionalism that you~ staff exhibits. Best wishes to you for continued success, Mary. Sincerel~ . Rober~W/.~G1/' Jr. P.O. Box 14173, Roanoke, VA 24058 Roanoke Office 540 342 6731 Paging/Voice Mail,Fax 800 598-6020 Mary F. Parker, CMCIAAE C~y Clerk CITY OF ROANOKE Office of the City Clerk Sandm H. Eakin Deputy C~y Clerk July 8, 1996 File #20-66 Wilbum C. Dibling, Jr. City Attorney Roanoke, Virginia Dear Mr. Dibling: At a regular meeting of the Council of the City of Roanoke held on Monday, July 1, 1996, Mr. Lewis O. Ferguson, 3209 Troy Avenue, N. W., expressed concern with regard to provisions of Ordinance No. 32575 adopted on July 24, 1995, in connection with the keeping of inoperative vehicles on property in residential, commercial or agricultural districts of the City. He expressed specific concern relative to the requirement that vehicles display a valid license plate or a valid inspection decal, and questioned whether the Ordinance violates the constitutional rights of citizens of the City of Roanoke. On motion, duly seconded and adopted, the matter was referred to you for appropriate communication with Mr. Ferguson. Mary F. Parker, CMCIAAE City Clerk MFP:sm pc: Mr. Lewis O. Ferguson, 3209 Troy Avenue, N. W., Roanoke, Virginia 24012 Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk ~lndnl H. Eakin Deputy cay C~erk July 8, 1996 File ~66-70 James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: At a regular meeting of the Council of the City of Roanoke held on Monday, July 1, 1996, Mr. Charles R. Hancock, 1016 Estates Road, S. E., expressed concern that on June 29, 1996, from approximately 8:30 a.m. until after 11:00 a.m., Fire Station No. 11 was manned by only one employee to enable fire personnel from Station No. 11 to be reassigned to Fire Station No. 4. He inquired if Fire Station No. 11 is less important than Fire Station No. 4. On motion, duly seconded and unanimously adopted, the matter was referred to you for investigation and report to Council. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm James D. Ritchie, Sr. Assistant City Manager July 8, 1996 Page 2 pc: Mr. Charles R. Hancock, 1016 Estates Road, S. E., Roanoke, Virginia 24014 George C. Snead, Jr., Director, Public Safety James Grigsby, Chief of Fire and Emergency Medical Services MARY E PARKE~, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.~, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 July 8, 1996 File ~/9-166-200 SANDRA H. EAK/N Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia The Honorable Bob Johnson, Chairperson Roanoke Regional Airport Commission 5202 Aviation Ddve, N. W. Roanoke, Virginia 24012-1148 Carolyn H. Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles and Gentlemen: I em enclosing copy of · communication from Beve~y T. Fitzpatrick, Jr., Executive Director, The New Century Council, with regard to naming the tunnel on Airport Road under Runway 24 in memory of the late Marshall L. Herds, former Airport Manager, which communication wes before the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. On motion, duly seconded and unanimously adopted, lhe matter was referred to you for study, report and recommendation to Council. The City Manager was also requested to advise Council with regard to the City's policy for naming public structures. MFP:sm Sincerely, Mary F. Perker, CMC/AAE W. Robert Herbert, City Manager The Honorable Bob L. Johnson, Chairperson, Roanoke Regional Airport Commission Carolyn H. Coles, Chairperson, City Planning Commission July 8, 1996 Page 2 pc.' Beverly T. Fitzpatrick, Jr., Executive Director, The New Century Council, P. O. Box 18084, Roanoke, Virginia 24014 Catherine 8. Pendleton, Secretary, Roanoke Regional Airport Commission, 5202 Aviation Ddve, N. W., Roanoke, Virginia 24012-1148 Martha P. Franklin, Secretary, City Planning Commission June 10,1996 ,'~ b'ISION FO,? WESFD?N Mayor David Bowers and Members of Roanoke City Council 215 Church Avenue Room 456 Roanoke, VA 24011 Dear Mayor Bowers and Members of Council: I was recently driving near the Airport and went through the tunnel on Airport Road under Runway 24. At that time, it occurred to me that we had never really done anything to recognize the tremendous contribution made by our former Airport Manager, Marshall Harris. He was the one who led the airport through the years when we were the Piedmont Airlines' hub, and he was extremely well thought of in the airport administration business. It seems very fitting that we consider naming the tunnel after Marshall Harris followed by an appropriate ceremony to dedicate the tunnel with Mr. Harris' family present. We o.tten do not take the time to recognize enough people in the Roanoke Valley who have g~ven so much of themselves to make this a much better place for all of us. This would be another way to recognize an important contribution to the region. I would be grateful for your consideration of this matter and hope you will give it your consideration. I look forward to hearing from you regarding your thoughts on this idea. Sincer~ Beverly T. Fitzpatrick, Jr. Executive Director CC: Mary Parker Post Office Box 18084, Roanoke, Vh~ginia 24014 (540) 982-3720 Fax (540) 982-3954 Director of Public World. July I 1, 1996 Mr. Beverly T. Fitzpatrick, Jr. Executive Director The New Century Council P.O. Box 18084 Roanoke, Virginia 24014 Dear Bev: The City Manager has requested that I respond to your letter dated June 10, 1996, addressed to the Mayor and Council concerning the tunnel on Airport Road under Runway 24. This matter was referred to the City administration for study and report with recommendation. In keeping with previously established policy related to the naming of public streets and bridges, your proposal is being referred to the City Planning Commission for their consideration and recommendation to City Council. I have every reason to believe that your proposal will receive expedited consideration. pr CC: Sincerely, William F, Clark Director of' Public Works W. Robert Herbert, City Manager James D. Ritchie, Assistant City Manager v'~ary F. Parker, City Clerk John R. Marlles, Chief, Planning and Community Development Room 354, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011-1584 (703) 981-2741 MARY F. PARKER, 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) 981-254I Fax: (540) 224-3145 July 8, 1996 File/~60-144-253 SANDRA H. EAKIN Deputy City Clerk Allan C. Robinson, Jr., Chairperson Roanoke Valley Resource Authority 1020 Hollins Road, N. E. Roanoke, Virginia 24012 Dear Mr. Robinson: I am enclosing copy of Resolution No. 33016070196 approving the annual budget for the Roanoke Valley Resource Authority for fiscal year 1996-1997, in the amount of $10,282,455.00, upon certain terms and conditions. Resolution No. 33016-070196 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:$m Enc. pc; John R. Hubbard, Executive Director, Roanoke Valley Resource Authority, 1020 Hollins Road, N. E., Roanoke, Virginia 24012 Carolyn Wagner, Secretary, Roanoke Valley Resource Authority, 1020 Hollins Road, N. E., Roanoke, Virginia 24012 Mary H. Allen, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018-0798 Carolyn S. Ross, Clerk of Council, Town of Vinton, P. O. Box 338, Vinton, Virginia 24179 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of July, 1996. No. 33016-070196. A RESOLUTION approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 1996-1997, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the annual budget for the Roanoke Valley Resource Authority for Fiscal Year 1996-1997, in the amount of $10,282,455.00 is hereby approved, all as more particularly set forth in the report to this Council dated July 1, 1996, from the Roanoke City representative to the Roanoke Valley Resource Authority. ATTEST: City Clerk. July 1, 1996 Report No. 96-338 Honorable Mayor and City Councit~ Roanoke, Virginia Dear Members of Council: Subject: Roanoke Valley Resource Authority Fiscal Year 1996-97 Budget The attached budget information is being presented in accordance with Section 5.9 of the October 12, 1991 Members Use Agreement. As your representative, I served on the Roanoke Valley Resource Authority Budget Committee and voted for approval of the budget at the February 28~ 1996 Authority meeting. Tipping fees are projected to remain at their current level with the charter member governments' credit remaining at $5.00 per ton. Also enclosed with the attached information is a comparison of the 1996-97 budget with the projections made to finance the capital improvement program. This report is presented to you with the recommendation that you grant your approval of the proposed fiscal year 1996-97 annual budget in the total amount of $10,282,455. Respectfully submitted, Kit B. Kiser, Roanoke City Representative Roanoke Valley Resource Authority KBK:afm Attachments cc: Mr. Allan C. Robinson, Jr., Mr. Mr. Mr. Chairman, RVRA W. Robert Herbert, City Manager Wilburn C. Dibling, City Attorney James D. Grisso, Director of Finance Director of Utilities ~ Operattons July 1, 1996 The Honorable David A. Bowers, and Members of City Council Roanoke, Virginia Mayor Dear Mayor Bowers and Members of City Council: SUBJECT: Roanoke Valley Resource Authority Fiscal Year 1996-97 Budget You will be receiving a report on July 1, 1996 to approve the Roanoke Valley Resource Authority Budget for Fiscal Year 1996-97. You will note the letter of transmittal was dated in March. Due to an oversight, this request has not been submitted to Council until now, but does need to be approved in order for the Authority's budget to be effective. Respectfully, ~Kit B. Kiser, Roanoke City Representative Roanoke Valley Resource Authority KBK:afm Room 354 Mun~opal Building 215 Church Avenue S W Roanoke Virginia 24011 (703; 981 2602 ROANOKE VALLEY RESOURCE AU'I~ORITY Mar~h 25, 1996 Mx. Bob Herbert, City Manager City of Roanoke 215 Church Avenue Roanoke, VA 24012 Dear Mr. Herbert: On February 28, 1996, the Roanoke Valley Resource Authority approved its 1996-97 annual budget. The budget totals $10,282,455 and represents a 1% reduction from the 1995-96 budget total. The Resource Authority will maintain the current disposal fees through June 30, 1997 of $50/ton for municipal waste and $55/ton for commercial waste. The Board of Directors and employees are proud that we have been able to offer high quality service to the City a~ costs well below those originally projected. The budget also includes a $5/ton credit to the charter members along with the recycling grant program. Both the credit and the recycling grants will be diminated in the 1997-98 fiscal year and you should, therefore, make the necessary plans in your operating budget. I am pleased to submit this annual budget in accordance with the Member Use Agreement for the Roanoke City Council's approval. Almched is a sun-anary of the budget and a comparison of the budget and the bond projections. A detailed budget is awilahle if additional information is needed. The Resource Authority is committed to continuing the excellent servic~ provided to the City and the other charter members and we look forward to an exciting futuro. Sincerely, Allaq C. Robinson, Ir. Chairman of the Board ACR/m~ Ar~chment ' 1020 Hollins Road Roanoke, Virginia 24012 (540) 857-5050 Fax (540) 857-5056 ! I I I ! ! ! I I ! t 1 I ! ! ! ! I ! ROANOKE VALLEY RESOURCE AUTHORITY ~UDGET 1996-97 Table of Contents Budget Summary Bond/Budget Comparison Resolution of Approval Disposal Fees $ 9.750.45~ Interest Income $ S00.000 Beginning Balance $ 0 Sale of Recyclabl~ Material $ 20.000 Miscellaneous $ 12.000 Personnel: Op~ratiag.' Capital: Transfer to Reserves Debt Service Municipal Private $ ~9.5oo Total: Total: $ 50 per ton $_.~$__ per ton I CATEGORY BOND F.Y.96/97 ACTUAL PROJECTION BUDGET WASTE GENERATION (Tons) Solid Waste Generated Residentia/Waste 82,300 82,280 Commercial Waste 109,100 104,720 Less: Additional Source Recycling Residential Waste ( 5,200) (0) Commerc/al Waste ( Solid Waste to the System 179,400 187,000 OPERATING REVENUF, S Tipping Fcc Revenue Requirement $ 10,796,000 $ 9,750,455 Iatercst Income 362,000 500,000 Recycling Income & Miscellaneous .0_ Total Operating Revenues $ 11,158,000 $ 10,282,455 OPERATING EXPENSES Landfill & Transfer Station $ 3,200,000 $ 2,679,584 Ra/l F-,xpeuses 1.766_0~ 1.585,4,g) Total Operating Expeuses $ 4,966,000 $ 4,265,024 NET REVENUES AVAILABLE FOR $ 6,192,000 $ 6,017,431 DEBT SERVICE DI/:BTSERVICE $ 3,107,000 $ 2,932,431 DEPOsiTS TO RESERVE ACCOUNTS Closure Fund $ 500,000 $ 500,000 Renewal & Replacements Fund Equipment Reserves $ 700,000 $ 900,000 Environmental Fund & Contingencies 130,000 130,000 Host Community Improvement 10,000 10,000 Total Deposits to R&R Fund $ 1,040,000 ~ 1,040,000 HOST v'~;S $ 400,000 $ 400,000 EXCESSREVENUF. S $ 1,145,000 $ 1,145,000 INDENTURE COV. TEST (.10 MIN.) $ ,37 .39 ADDITIONAL DI/~N),.nlT,J TO Further Site Development $ 920,000 $ 920,000 Interim & Prat Development 25,000 25,000 Recycling 200_000 TotaiAdditionalDep~itstoRaserves $ 1,145,000 $ 1,145,000 SOLm WASTE 'ru'PING Residential (Municipal) $ 57.33 $ 50 Commercial $ 62.33 $ 55 I I I ! RESOLUTION No. RA96-190 A RESOLUTION APPROVING THE AUTHORITY'S ANNUAL BUDGET FOR FISCAL YEAR 1996-97 AND AUTHORIZING SUBMrFTAL OF SUCH BUDGET TO THE GOVERNING BODIES OF THE CHARTER MEMBER USERS FOR APPROVAL IN ACCORDANCE WITH THE TERMS OF THE ROANOKE VAI.I.RY RESOURCE AUTHORITY MEMBERS USE AGREEMENT BE IT RESOLVED by the Roanoke Valley Resource Authority that: 1. The fiscal year 1996-97 annual budget for the Roanoke Valley Resource Authority as set forth in the report and accompanying attachments by the Chief Executive Officer dated February 28, 1996, is hereby approved; 2. The Authority Chairman is authorized on behalf of the Authority to submit the fiscal year 1996-97 annual budget and bond comparison to the governinE bodies of the Charter Member Users, being the County of Roanoke, the City of Roanoke, and the Town of Vinton, for approval in accordance with the requirements of the Roanoke Valley Resource Authority Members Use Agreement dated October 23, 1991, as amended. RVRA Board Secretary Mr. Kiser made a motion to approve resolution RA96-190 to approve the 1996-97 annual budget and authorize its submittal to the Charter Member Users for approval, seconded by Ms. Hyatt, and carried by the following recorded vote: AYES: NAYS: ABSENT: Ms. Hyatt, Mr. Kiser, Mr. Rand, Mr. Robinson None Mr. Goodman, Mr. Porterfield, Ms. Schefsky 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 July 8, 1996 File ~0-79-178-200-207.236.266.450 Raymond F. Leven Public Defender Suite 4B Southwest Virginia Building Roanoke, Virginia 24011 Dear Mr. Leven: I am enclosing copy of Ordinance No. 33018-070196 amending and reordaining Article II, Real Estate T~(e~ Generellv, of Chapter 32, ~J:l, of the Code of the City of Roanoke (1979), as amended, by adding a new Division 5A, · · .. , to provide for a certain real estate tax exemption for substantial rehabilitation or renovation of existing commercial or industrial buildings at least 15 or more years old and located within Enterprise Zone Two, under certain terms and conditions. Ordinance No. 33018-070196 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eno. 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 July 8, 1996 SANDRA H. EAKIN Deputy City CIerk File f~0-79-178-200-207-236-266-450 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. 33018-070196 amending and reordaining Article II, Real Estate Taxes Generallv, of Chapter 32, T~ation, of the Code of the City of Roanoke (1979), as amended, by adding a new Division 5A, Exemotion of Certain Rehabilitated or Renovated Commercial or Indu-~trial Reel Prooertv Located in Enteroriea Zone Two. to provide for a certain real estate tax exemption for substantial rehabilitation or renovation of existing commercial or industrial buildings at least 15 or more years old and located within Enterprise Zone Two, under certain terms and conditions. Ordinance No. 33018-070196 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. Please include Ordinance No. 33018-070196 in Supplement No. 36 to the Roanoke City Code. Sincerely, {~ Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. IN THECOUNCI~OPTHECITY OF ROANOKE, V~KGINIA, The 1st day of July, 1996. No. 33019-070196. AN ORDINANCE approving, adopting, and establishing certain local incentives for the area designated as Enterprise Zone Two in the City of Roanoke; providing for an effective date; and providing for an emergency. WHEREAS, in November 1995, the Governor of Virginia designated as Roanoke's second Enterprise Zone an area of 1,020 acres located in the City of Roanoke as shown on a map of Enterprise Zone Two that was attached to the City's Enterprise Zone application, a copy of which is on file in the Office of the City Clerk, said Enterprise Zone to become effective January 1, 1996; and WHEREAS, the City of Roanoke wishes to make certain local incentives available to the Enterprise Zone Two area, ail as more fully set forth and described in a report of the City Manager to this Council dated July 1, 1996. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby approves and adopts the local incentives for the area designated as Enterprise Zone Two located in the City of Roanoke and as more fully set forth in the report of the City Manager to this Council dated July 1, 1996, which report and incentives are incorporated herein by reference. 2. The City Manager is hereby authorized on behalf of the City to adopt and promulgate such rules and regulations and take such actions as may be reasonably necessary and consistent with this ordinance to implement such local incentives for the period of July 1, 1996, through June 30, 2001, at which time these local incentives shall end, unless otherwise modified by this Council. 3. The definitions set forth in §59.1-271 of the Code of Virginia (1950), as amended, as they now exist or may hereafter be enacted shall apply to this ordinance. Also, the term "Enterprise Zone Two" shall refer to the area designated by the Governor of Virginia in November 1995, effective as of January 1, 1996, as Enterprise Zone Two located in the City of Roanoke and as shown on a map attached to the City's Enterprise Zone application, a copy of which is on file in the Office of the City Clerk. 4. Any business firm undertaking new building construction within Enterprise Zone Two shall be entitled to a rebate of up to 100°/6 of water, fire, and sewer hookup fees based on appropriate and approved documentation of the amount of new building construction investment of $250,000 or more undertaken by such business firm within Enterprise Zone Two. All water, fire, and sewer hookup fees shall initially be paid in full by the business firm. Upon completion of the new building construction work and upon proper documentation of the issuance of a permanent certificate of occupancy for the new building, the business firm may then apply for a rebate under this local incentive. Upon the City's approval of the application, the business firm will receive a rebate from the City of the following percentage of water, fire, and sewer hookup fees the business firm previously paid (without interest) for said new building construction: Amount invested $1,000,000 or more 900,000 - 999,999.99 800,000 - 899,999.99 700,000 - 799,999.99 600,000 - 699,999.99 500,000 - 599,999.99 400,000 - 499,999.99 300,000 - 399,999.99 250,000 - 299,999.99 0 - 249,999.99 Percent Ci_ty Rebates 100% 90% 80% 70% 60% 50% 40% 30% 20% 0% This local incentive shall be available only for water, fire, and sewer hookup fees paid between the period of July 1, 1996, through June 30, 2001, at which time the this local incentive will end. The City Manager shall establish appropriate rules and regulations necessary to implement this local incentive. 5. Any business firm undertaking new building construction within Enterprise Zone Two shall be entitled to a rebate of up to 100% of building permit and comprehensive development plan review fees paid based on appropriate and approved documentation of the amount of new building construction investment of $1,000,000 or more undertaken by such business firm within Enterprise Zone Two. All building permit and comprehensive development plan review fees shall initially be paid in full by the business firm. Upon completion of the new building construction work and upon proper documentation of the issuance of a permanent certificate of occupancy for the new building the business finn may then apply for a rebate under this local incentive. Upon the City's approval of the application, the business firm will receive a rebate from the City of the following percentage of building permit and comprehensive development plan review fees the business firm previously paid (without interest) for-said new building construction: $5,000,000 or more 1,000,000 - 4,999,999.99 0 - 999,999.99 100% 50% 0% This local incentive shall be available only for building permit and comprehensive development plan review fees paid between the period of July 1, 1996, through June 30, 2001, at which time this local incentive will end. The City Manager shall establish appropriate rules and regulations necessary to implement this local incentive. 6. Job training grants will be provided to business firms within the City of Roanoke Enterprise Zone Two subject to the following conditions and restrictions: Only permanent full-time positions as defined in §59.1-280.1 Code of Virginia (1950), as amended, that are newly created will be considered for a job training grant. A business firm may only receive this grant one time. In order to be eligible for the job training grant, business firms within Enterprise Zone Two must accomplish the following two requirements within the same twelve (12) month period of time: (1) create at least ten permanent full-time positions; and (2) invest at least $250,000 in real property and/or machinery and equipment. A business fim~ shall oniy be allowed to request a job training grant(s) under this local incentive program for the calendar year it becomes eligible for this grant program as set forth in this ordinance. A business firm requesting a job training grant shall file an application with the City Manager in accordance with the rules and regulations established by the City Manager for this local incentive, but in no event shall any application be filed more than five months aRer the end of the calendar year for which the grant is requested. The job training grants will be awarded to business firms within Enterprise Zone Two upon proper application and documentation of the creation of at least ten permanent full-time positions and the investment amount set forth above within a one year period of time. The number of grants to which a business finn may be entitled will be determined by the number of permanent full-time positions created within the appropriate one year period of time with the business firm entitled to one grant upon creation of the tenth position and one additional grant for the creation of each subsequent position. By way of example only, for business firms making the required investment and creating at least ten permanent full-time positions within the one year period of time, the business firm would receive one grant, for eleven positions two grants, for twelve positions three grants, etc. The amount of each job training grant will be based on the specific position created within the one year period of time with the amount of up to $1,000 allocated for each newly created permanent full-time position for a person who is a resident of and who meets the qualifications to register to vote in Enterprise Zone Two and up to $500 per full-time position for a person who is not a resident of Enterprise Zone Two. The maximum amount per fiscal year that the City of Roanoke will appropriate for this local incentive program is $25,000. Should approved applications for grants exceed the $25,000 maximum, grants will be prorated based on the total grants approved for that particular year. Seasonal, temporary, leased, or contract labor positions, or positions created when a job function is shifted from an existing location within the Commonwealth of Virginia to a business finn located within Enterprise Zone Two, shall not qualify for newly created permanent full-time positions. Business f~rms eligible for state job grants are not eligible for this local incentive ora one time local job training grant. Also, after a business finn has applied for and received a job training grant(s) under this local incentive, it shall no longer be eligible for any further job training grants under this local incentive program. The job training grants provided by this local incentive are available only for the period of Suly l, 1996, through June 30, 2001, at which time this local incentive will end. K. The City Manager shall establish appropriate rules and regulations necessary to implement this local incentive. 7. In order to advance the public health, safety, and welfare, and to improve property values, the City Manager may authorize payment for water and sewer line extensions to certain properties located in census tract 6.98, block groups 1, 2, and 8, which properties may need water and sewer service. The maximum amount the City will appropriate for water and sewer line extensions for this local incentive is $50,000 per fiscal year and no more than a total of $250,000 over a five year period. The period ofavailahility for this local incentive is July I, 1996, through June 30, 2001, at which time this local incentive will end. The City Manager shall establish appropriate rules and regulations necessary to implement this local incentive. 8. h/frei grants will be made available for City residents who live within census tract 6.98, block groups 1,2, and 8 so those residents may receive a maximum grant of $50 per recipient for taking GED classes or enrolling in other high school graduation programs with such grants to be paid to the school or organization for enrollment fees, books, or testing. Only those persons who are eligible for Community Development Block Grant or HOME funds will be eligible to participate in this local incentive. The maximum amount the City will appropriate for this local incentive will be a total of $750 per fiscal year during the period of availability, which period will be from July 1, 1996, through June 30, 2001, at which time this local incentive will end. A total of not more than $3,750 will be made available for this local incentive program for the five year period of availability of this program. The City Manager shall establish appropriate rules and regulations necessary to implement this local incentive. 9. Neighborhood organizations wishing to promote civic pride within census track 6.98 and block groups 1, 2, and 8 may be eligible for mini grants. The maximum grant per neighborhood organization will be $500 per fiscal year. The maximum amount the City will appropriate for this local incentive is $1,000 per fiscal year, and no more than a total of $5,000 over a five year period. The period of availability for this local incentive will be July 1, 1996, through June 30, 2001, at which time this local incentive will end. The City Manager shall establish appropriate rules and regulations necessary to implement this local incentive. 10. In order to advance the public health, safety, and welfare, and to improve'property values, the City Manager may authorize the payment of sewer hookups for certain properties in census track 6.98, block groups 1, 2, and 8. The maximum amount the City will appropriate for sewer hookups for this local incentive program is $5,800 per fiscal year and no more than a total of $29,000 over a five year period. The period of availability for this local incentive will be July 1, 1996, to June 30, 2001, at which time this local incentive will end. The City Manager shall establish appropriate rules and regulations necessary to implement this local incentive. 11. 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 as of July 1, 1996. ATTEST: City Clerk. IN THECOUNCILOFTHECITY OF ROANOKE, VIRGINIA, The 1st day of July, 1996. No. 33018-070196. AN ORDINANCE amending and reordaining Article II, Real Estate Taxes Generally, of Chapter 32, Taxation_ of the Code of the City of Roanoke (1979), as amended, by adding a new Division SA, Exemption of Certain Rehabilitated or Renovated Commercial or Industrial Real Property Located in Entervrise Zone Two, to provide for a certain real estate tax exemption for substantial rehabilitation or renovation of existing commercial or industrial buildings at least 15 or more years old and located within Enterprise Zone Two under certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordalned by the addition of the following new Division SA, of Article II, Chapter 32: Division $ A. Exemntion of Certain Rehabilitated or Renovated Commercial or Industrial Real Pronertv Located in Entevorise Zone Tw9 §32-101.1. Generally. The Cor~¥~issioner oftlm Revenue shall, upon application made and within the limits hereina~ provided, order exemption of real property tax on real property substantially rehabilitated or renovated for commercial or industrial use and located within the are~ of Enterprise Zone Two, as such area is shown on a map of Enterprise Zone Two which is on file in the Office of the City Clerk. §32.101.2. Rules and Regulations for Administration for Division. The Commissioner, with the advice and comment of the city manager, director of finance, and director of real estate valuation, shall adopt and promulgate such rules and regulations not inconsistent with the provisions of this division as are deemed necessary for the effective administration of this division. {}32-101.3. Eligibility_ of Commercial or Industrial Real Property. (a) In order to qualify for the exemption from real property taxation for real property substantially rehabilitated or renovated for commercial or industrial use within Enterprise Zone Two, a structure shall meet all of the following criteria: (1) Be no less than 15 years of age and located within Enterprise Zone Two; (2) Be rehabilitated or renovated so as to increase the assessed value of the structure by at least $50,000 or more; (3) Be designed for and suitable for commercial or industrial use at~er completion of such rehabilitation or renovation; (4) The structure has not received an exemption under Division 5, Exemption of Certain Rehabilitated Real Property, of this chapter; and O) The rehabilitation or renovation must be completed within one year after the date of the filing of the application for exemption. (b) The types of substantial rehabilitation or renovation improvements that will be considered as increasing the assessed value are limited to those made to the actual qualifying structure only. Other improvements, fees, or costs will not be considered. (c) Any new additions to the qualifying structure or any additional square footage over the prerehabilitation or prerenovation square footage will not be considered as increasing the assessed value of the qualifying structure or eligible for or considered for the tax exemption since the purpose of this incentive is to encourage rehabilitation or renovation of existing structures. §32-101.4. Amoun fExem in. The amount of exemption fi'om real property taxation provided for by this division shall be an amount equal to the difference in the appraised value of the qualifying structure immediately before rehabilitation or renovation and immediately after rehabilitation or renovation as determined by the director of real estate valuation. This amount only, on a fixed basis, shall constitute the exemption, notwithstanding subsequent assessment or reassessment. The exemption resulting from substantial rehabilitation or renovation ora qualifying structure shall commence on July 1st of the tax year following completion of the rehabilitation or renovation and approval of the application and shall run with the real estate for a period of five years from the date of commencement of the exemption as set forth herein. Only one exemption under this division may be applicable to any qualifying structure during the life of the qualifying structure. Furthermore, any qualifying structure which obtains an exemption under this division shall not be entitled to obtain an exemption under Division 5, Exemption of Certain Rehabilitated Real Property, of this chapter. The maximum total amount of tax abatement for any qualifying structure over the five year period shall not exceed a total of $75,000. Should the amount of tax abatement exceed the total of $75,000 before the expiration of the five year period, the exemption shall end when the tax abatement reaches the $75,000 figure and real property taxes will be due on the increased assessed value previously exempted. {}32-101.5. Apnlication. Application for exemption of substantial rehabilitated or renovated real property from taxation under this division shall be filed by the owner of such property with the Commissioner of the Revenue prior to commencement of any rehabilitation or renovation work for which exemption is sought. Each application for such exemption shall be accompanied by a processing fee in the amount of $50.00. No property shall be eligible for such exemption unless all appropriate building permits have been acquired and the director of real estate valuation has verified that the rehabilitation or renovation indicated on the application has been completed. Furthermore, no property shall be eligible for such exemption if the director of real estate valuation has been denied access to the entire premises, either before or at, er the rehabilitation or renovation work for which the exemption has been sought, for purposes of determining whether the required rehabilitation or renovation has been completed and for appraising the property. The application for this exemption must be filed with the Commissioner oftbe Revenue during the period of July 1, 1996, through June 30, 2001, in order to be eligible for this exemption. The burden of proof shall be on the applicant to show that the structure for which the exemption has been filed complies with all the eligibility criteria established by this division. The Commissioner of the Revenue may require documentary proof of eligibility and, in such cases, documentation satisfactory to the Commissioner shall be presented by the applicant. §32-101.6. Land Book. Nothing in this division shall be construed as to permit the Commissioner of the Revenue to list upon the land book any reduced value due to the exemption provided by this division. §32-101.7. Demolition. The exemption provided in this division shall not apply when any existing structure is demolished or razed and a replacement structure is constructed. §32-101.8. False Statements. The making of any false statement in any application, affidavit, or other information supplied for the purpose of eligibility determination under this division shall constitute a Class 2 misdemeanor. 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. IN THB CODNCIL OF THB CITY Ol ROANOKR, VIRGINIA The 1st day of July, 1996. No. 33017-070196. AN ORDINANCE to amend and reordain certain sections of the 1995-96 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1995-96 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Government Enterprise Zone (1) ............................... $ 8,326,687 156,050 Reserved Fund Balance - Unappropriated (2) ......... 1) Appropriated from General Revenue (008-052-9630-9003) $ 156,050 2) Reserved Fund 1,586,406 Balance - Unappropriated (008-3325) (156,050) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. this ATTEST: City Clerk. July 1, 1996 City Council Report #96-19 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: Establishment of local incentives and appropriation of funding as set forth in the Enterprise Zone Two application to the Virginia Department of Housing and Community Development I. B3r~gr.o.u~ on the subject in chronological order is as follows: The Virginia Enterprise Zone Act of 1982, authorizes the Governor to designate up to fifty areas within the Commonwealth as Enterprise Zones. Business firms which locate or expand within a designated Enterprise Zone are eligible for significant benefits, including credits on state taxes and local incentives. The first Roanoke Urban Ente~rize Zone was established (Enterprise Zone One) in 1984 for an area of 1,895 acres. A map of Enterprise Zone One is attached. In addition to the tax incentives offered by the State of Virginia, the City of Roanoke set forth an additional local incentive by Resolution No. 26877, on February 6, 1984. This resolution states that the City of Roanoke will waive or refund the cost of the Building Permit fees for business firms locating within Enterprise Zone One. The City Manager was authorized by City Council to submit a second Enterprise Zone application on October 16. 1995. City Council endorsed local incentives as set forth in the application to the Virginia Department of Housing and Community Development through Ordinance Number 32681-101695. The application was for establishment of Roanoke's second Enterprise Zone (Enterprise Zone Two) and stipulated that the City of Roanoke would offer certain local incentives effective July 1, 1996, through June 30, 2001. Honorable Mayor and Members of City Council July 1, 1996--Page 2 II. The City of Roanoke~s second Enterprise Zone was designated by Governor Allen effective January 1, 1996, to December 31, 2015. The total acreage for Enterprise Zone Two is 1,020 acres; a map of Enterprise Zone Two is attached. Funding will be needed for local incentives and operational expenses associated with Enterprise Zone Two. Current Situation is as follows: City Council needs to adopt appropriate measures establishing local incentives and appropriate funding for the following programs: City rebates up to 100% of water, fire. and sewer hookup fees for businesses undertaking new building construction of at least $250,000 within Enterprise Zone Two after documentation of a permanent certificate of occupancy with the following limitations: ~ City Rebates $1,000,000- or more 100% $900,000- $999,999.99 90% $800,000- $899,999.99 80% $700,000- $799,999.99 70% $600,000- $699,999.99 60% $500,000- $599,999.99 50% $400,000- $499,999.99 40% $300,000- $399,999.99 30% $250,000- $299,999.99 20% $0- $249,999.99 0% o Real estate tax exemption for businesses within Enterprise Zone Two for increasing, through substantial rehabilitation or renovation, the assessed value of an existing commercial or industrial building which is 15 or more years of age by $50,000 or more. The amount of the exemption from mai property taxation shall be an amount equal to the difference in the appraised value of the structure immediately before rehabilitation or renovation and immediately after rehabilitation or renovation as determined by the Director of Real Estate Valuation. This amount only, on a fixed basis, shall constitute the exemption, notwithstanding subsequent assessment or reassessment. New construction of additional square footage will not qualify toward the tax exemption, as the purpose of the incentive is to encourage renovation of existing structures. The exemption remains with the building, not with Honorable Mayor and Members of City Council July 1, 1996--Page 3 o the owner of the building, for a period of five years and begins on July 1 of the year following completion of the rehabilitation or renovation and approval of the application for exemption. The maximum tax abatement for any individual building over the five year period is $75,000. A $50.00 application fee will be required. The types of substantial rehabilitation or renovation improvements considered as increasing the assessed value are limited to those made to the actual qualifying structure only. Other improvements, fees, or costs will not be considered. Rebate of development fe~:s (building permit and comprehensive development plan review) for businesses within Enterprise Zone Two of up to 100% for new construction investment of $1,000,000 or more to be refunded after documentation of a permanent certificate of occupancy is provided. The following limitations apply: $5,000,000- or mom 100% $1,000,000- $4,999,999.99 50% $0- $999,999.99 0% J]2'0~aj~ for businesses within Enterprise Zone Two of up to $1,000 per newly created permanent full-time position for Zone Two residents and up to $500 per newly created permanent full-time position for residents living outside Zone Two. Businesses must create at least 10 permanent full-time positions and invest at least $250,000 in real property and/or machinery and equipment within the same calendar year to be eligible for the grants. Only newly created permanent full-time positions will be considered for the one-time grant. Grants will be awarded with documentation of creation of the tenth position and the minimum investment. A business creating 10 permanent full-time positions would receive one grant, 11 positions two grants, 12 positions three grants, etc. The maximum amount in the program per fiscal year is $25,000. Should approved applications for grants exceed the $25,000 maximum, grants will be prorated based on the total grants approved for that particular year. Seasonal, temporary, leased or contract labor positions, or positions created when a job function is shifted from an existing location in the Commonwealth to a business firm located within Zone Two shall not qualify as permanent full-time positions. Companies qualifying for state job grants are not eligible for the local, one-time job training grants. Honorable Mayor and Members of City Council July 1, 1996--Page 4 III. City payment of water and sewer line extensions to certain properties in Census Tract 6.98, Block Groups 1, 2, and 8 who need water and sewer service. The maximum amount per fiscal year to be spent on water and sewer line extensions is $50,000 or no more than $250,000 over five years. Mini-grants for residents wishing to take GED classes or enroll in other high school graduation programs for enrollment fees, books or testing, based on the financial need of the recipient. Residents within Census Tract 6.98, Block Groups 1, 2, and 8 who are eligible to receive Community Development Block Grants (CDBG) or Home funds may participate. The maximum grant will be $50 per recipient, with funding in the amount of $750 per fiscal year. Up to $3,750 will be spent over five years. Mini-grants for neighborhood o~anizations wishing to promote civic, pride within Census Tract 6.98 and Block Groups 1, 2, and 8 may participate. The maximum grant per neighborhood organization is $500 per fiscal year. The maximum amount in the program per fiscal year is $1,000. Up to $5,000 will be spent over five years. o City payment of sewer hookups for certain properties in Census Tract 6.98, Block Groups 1, 2, and 8. The maximum amount in the program per year is $5,800. Up to $29,000 will be spent on sewer hookups over the next five years. Additional local incentives as set forth in the application are being implemented through the Office of Economic Development which do not require Council action such as: architectural assistance, business and personal development seminars, project cost reduction, and certain housing rehabilitation efforts. 10. The period of availability for these local incentives will be from July 1, 1996, through June 30, 2001. Issues in order of importance are as follows: A. Need for measures establishing local incentives. C. Accountability. Honorable Mayor and Members of City Council July 1, 1996--Page 5 D. Pro,am Implementation. E. Economic Development Program, IV. /Mtr, maliE~ in order of feasibility are as follows: Adopt appropriate measures establishing local incentives and authorize the appropriation of pro,am funding for the first year of Enterprise Zone operations in the amount of $156,050 from Undesignated Capital Fund Interest to an account to be established from the Capital Pro_iects Fund as designate0 by Need for measures establishing local incentives as set forth in Section II and the Enterprise Zone Two application would be met. The City of Roanoke was awarded a second Enterprise Zone contingent upon establishment of certain local incentives which were included in the application. Ertlgxaln_F_unding in the amount of $156,050 needs to be appropriated from Undesignated Capital Fund Interest for the following incentives: ~Tx~!ling37~Ig~!~ where the maximum amount in the program per fiscal year is $25,000 ($125,000 for five year period). Mini Grants for residents wishing to take GED clas~c,S where the maximum amount in the program per fiscal year is $750 ($3,750 for five year period). Mini Grants for neighborhood organizations wishing to promote civic pride where the maximum amount in the program per fiscal year is $1,000 ($5,000 for five year period). ~ for professional mapping services, marketing materials and Intemet advertising, administrative supplies, mailings, printing informational materials, and working with the LEZA committee where the maximum amount in the program per fiscal year is $23,500 ($117,500 for five year period). City pays for sewer hookups for certain properties where the maximum amount in the program per fiscal year is $5,800 ($29,000 for five year period). Honorable Mayor and Members of City Council July 1, 1996--Page 6 City rebates a percentage of water, fire. and sewer hookup f¢¢~ based on the amount of new construction investment. The initial amount in the program is $100,000. Erllgxalxl_F_ull~l~g for the Development Fees will be handled by rebates. ~ for the Real Estate Tax Exemption is foregone revenue. 3. ~:cdzlml. ahil~ for this program will be as follows: Program implementation and result~ - City Manager. ,~omltiag - Director of Finance. Program Implementation will be handled via the City Manager and the Office of Economic Development and Grants. Economic Development Pro,am of the City will be enhanced by providing incentives for new and expanding businesses thus creating new jobs and revenue to the City. Do not adopt appropriate measures establishing local incentives or authorize appropriation of pro_m-am fimdlng for the flint year of Enterprise operations in the amount of 5;156.050 from Undesignated Capital Fund Interest, 1. Need for measures establishing local incentives will be a moot issue as Enterprise Zone Two will be rescinded by the Commonwealth. 3. 4. 5. will not be an issue. will not be an issue. Program Implementation will not be an issue. Economic Development Program of the City will be hindered in that, Roanoke City could lose designation of Enterprise Zone Two. If Enterprise Zone Two is rescinded, then the City of Roanoke will lose the opportunity to offer various state tax incentives and job grants to businesses locating within Enterprise Zones. The state tax incentives and job grants currently offered in Enterprise Zone One would not be affected. Honorable Mayor and Members of City Cotmci! July 1, 1996--Page 7 V. Recommmldation is as follows: City Council concur in alternative "A," and take the following action: to accounts to be established by the Director of Finance. Respectfully submitted, W. Robert Herbert City Manager WRH:LIF attachments cc: Mariam K. Alam, Coordinator, Neighborhood Partnership Willard N. Claytor, Director, Real Estate Valuation William F. Clark, Director, Public Works Marsha Compton Fielder, Commissioner of Revenue Martha Franklin, Administrative Assistant, Planning Department Kit B. Kiser, Director, Utilities and Operations Dana D. Long, Acting Chief, Billings and Collections Ronald H. Miller, Building Commissioner Jesse H. Perdue, Jr., Manager, Utility Line Services Phil Schirmer, Civil Engineer II Barry L. Key, Manager, Office of Management and Budget James D. Ritchie, Assistant City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance ,./ 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 SANDRA H. EAKIN Deputy City Clerk July 8, 1996 File f~60-72-178-200-207-236-450 Joseph K. Aversano, Director Community Planning and Development U. S. Department of Housing and Urban Development 3600 W. Broad Street Richmond, Virginia 23230-4920 Dear Mr. Aversano: I am enclosing copy of Resolution No. 33021-070196 accepting Fiscal Year 1996-97 funds for the HOME Investment Partnerships Program, and authorizing the proper City officials to execute the requisite Grant Agreement with the United States Department of Housing and Urban Development. I am also enclosing copy of Resolution No. 33023-070196 accepting Fiscal Year 1996-97 funds for the Community Development Block Grant Program, and authorizing the proper City officials to execute the requisite Grant Agreement with the United States Department of Housing and Urban Development. Resolution Nos. 33021-070196 and 33023-070196 were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of July, 1996. No. 33021-070196. A RESOLUTION accepting the Fiscal Year 1996-97 funds for the HOME Investment Partnerships Program, and authorizing the proper City officials to execute the requisite Grant Agreement with the United States Department of Housing and Urban Development (HUD). BE follows: 1. IT RESOLVED by the Council of the City of Roanoke as The Fiscal Year 1996-97 funds for the HOME Investment Partnerships Program are hereby ACCEPTED. 2. The City Manager or the Assistant City Manager is authorized to execute, and the City Clerk is authorized to attest, the requisite Grant Agreement with the United States Department of Housing and Urban Development (HUD) for such funds, the Funding Approval, and any and all understandings, assurances and documents relating thereto, in such form as is approved by the City Attorney, as more particularly set out in the report to this Council dated July 1, 1996. ATTEST: City Clerk. IN THI CO~NCI?. OP TH! CITY OF ROANOKI, The 1st day of July, 1996. No. 33020-070196. VIRGINIA AN ORDINANCE to amend and reordain certain sections of the 1996-97 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1996-97 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Community Development HOME Investment Partnership FY92 (1-4) ............... HOME Investment Partnership FY93 (5-6) ............... HOME Investment Partnership FY94 (7-10) .............. HOME Investment Partnership FY95 (11-20) ............. HOME Investment Partnership FY96 (21-27) ............. Community Development HOME Investment Partnership FY96 1) Unprogrammed HOME 2) DHD HOME Security Deposits 3) RRHA Consolidated Rehabilitation Loans 4) RRHA Downpayment/ Closing Costs 5) RRHA Rental Rehabilitation 6) RRHA Consolidated Rehabilitation Loans (035-052-5301-5333) 7) Administration-OGC(035-052-5302-5303) $ (28) ................ (035-052-5300-5320) $( 8,855) (035-052-5300-5318) 5,000 (035-052-5300-5240) 3,323 (035-052-5300-5240) 532 (035-052-5301-5236) ( 27,323) 27,323 ( 30,754) $ 3,111,000 756,000 498,000 605,000 651,000 601,000 3,111,000 601,000 8) RRHA Consolidated Rehabilitation Loans 9) Unprogrammed HOME (035-052-5302-5320) 10) Habitat Perry Park Phase II 11) Administration- CHDO 12) NNEO 803/809 Gilmer Phase II Operating Funds 13) CHDOs 14) NNEO 803/809 Gilmer Phase II 15) Unprogrammed HONE 16) RRHA Downpay~ent/ (035-052-5302-5333) $ 30,754 (21,750) (035-052-5302-5319) 21,750 (035-052-5303-5234) ( 25,000) (035-052-5303-5241) (035-052-5303-5238) (035-052-5303-5272) (035-052-5303-5320) Closing Costs (035-052-5303-5240) 17) Habitat Perry Park Phase II 18) DSS Emergency Assistance 19) RRHA Owner- Occupied Rehabilitation RRHA Consolidated Rehabilitation Loans Administration - (035-052-5303-5319) (035-052-5303-5317} (035-052-5303-5235) (035-052-5303-5333) 20) 21) 22) 23) 24) 25,000 (75,000) 75,000 (129,700) 62,706 66,994 ( 8,000) ( 25,000) RRHA (035-052-5304-5239) Administration-OGC(035-052-5304-5303) Administration - Unprogrammed (035-052-5304-5321) RRHA Consolidated Rehabilitation Loans (035-052-5304-5333) 420,700 25) Habitat Perry Park Phase II (035-052-5304-5319) 25,305 26) Operating Reserve- CHDO (035-052-5304-5334) 4,745 27) Projects Reserve- CHDO (035-052-5304-5340) 90,150 28) HONE Revenue FY96-97 (035-035-1234-7218) 601,000 33,000 31,609 3,671 24,820 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Roanoke, Virginia July 1, 1996 96-21 Subject: II. Acceptance of 1996-97 HOME Investment Partnerships Program (HOME) Entitlement and Appropriation of Funds for HOME Activities III. City_ Council authorized filing the FY 1996-97 HOME applicatio, through submission of the Annual Update to the Consolidated Plan to the U.S. Department of Housing and Urban Development (HUD) by Resolution No. 32939-051396, adopted on May 13, 1996. Bo HUD approval is forthcolning on the City's FY 1996-97 HOME application. The letter of approval is pending the routine Congressional release process. Current Situation: Grant approval is for $601.000. the entitlement amoum requested by the City. Appropriation request is for $601_000 in 1996-97 HOME entitlement funds. (See Attachment A.) Co $355.237 needs to be transferred within the 1994-95 and 1995-96 entitlement accounts to projects included in the FY 1996-97 HOME Investment Partnerships Program. (See Attachment B.) The new $601_000 HOME grant requires $127_713 in matching fund,:. Matching funds will come from cash and in-kind contributions from non-federal sources. No outlays of City funds will be needed to meet the match requirement. The availability of matching funds will be verified and documented by the Office of Grants Compliance prior to the release of funds. A. Impact on community_ development in the City. C. Timing. D. Administrative capability. Members of Council Page 2 IV. o Adopt a resolution accepting the FY 1996-97 HOME fondn when the approval letter is received from HUD and authorize the City Manager to ~ the required Grant Agreement (to be approved as to form by the City Attorney), Funding Approval, and any other forms required by HUD on behalf of the City in order to accept such funds; and Appropriate $601.000 to revenue and expenditure accounts in the Grant Fund to be established by the Director of Finance, as detailed in Attachment A; and Transfer $355.237 within the 1994-95 and 1995-96 entitlement accounts to projects included in the FY 1996-97 HOME program, as detailed in Attachment B. Impact on community development in the Ci~;y would be positive, continuing programs which Council has endorsed in the past and funding new initiatives to address citizens' concerns. b. F_unc[iag would be available from the sources indicated in Attachments A and B. Timing is important. The funds are needed implement programs on, or as soon as possible after, July 1, 1996. Administrative capability will be positively affected by allowing tracking for reporting purposes and to prevent disallowed costs. Do not adopt a resolution accepting the FY 1996-97 HOME funds when the approval letter is received from HUD and do not authorize the City ~ the required Grant Agreement (to be approved as to form by the City Attorney), Funding Approval, and any other forms required by HUD on behalf of the City in order to accept such funds; and Do not appropriate $601 _000 to revenue and expenditure accounts in the Grant Fund to be established by the Director of Finance; and Do not transfer 5;355.237 within the 1994-95 and 1995-96 entitlement ~ to projects included in the FY 1996-97 HOME program. Impact on communi _ty development in the City could be negative if programs are delayed or canceled. b. ~ would not be an issue. Members of Council Page 3 Vo Timing could be a problem. Construction projects or acquisitions could be delayed and staff salaries affected if Council does not accept the new entitlement funds on July 1, 1996. d. Administrative capability would not be an issue. Recommendation: It is recommended that City Council concur with Alternative A, which would include: Adopting a resolution accepting the FY 1996-97 HOME funds when the approval letter is received from HUD and authorizing the City Manaoer to execnte the required Grant Agreement (to be approved as to form by ~e City Attorney), Funding Approval, and any other forms required by HUD on behalf of the City in order to accept such funds; and Appropriating $601.000 to revenue and expenditure accounts in the Grant Fund to be established by the Director of Finance, as detailed in Attachment A; and Transferring $355.237 within the 1994-95 and 1995-96 entitlement accAmnl~ to projects included in the FY 1996-97 HOME program, as detailed in Attachment B. WRH: FEB Attachments C~ Assistant City Manager City Attorney Director of Finance Director of Public Works Director of Human Development Chief, Economic Development Chief, Planning and Community Development Budget Administrator Building Commissioner City Engineer Office of Grants Compliance Respectfully submitted, W. Robert Herbert City Manager Attachr HOME Funds -- 1996 Account Set-Up Transactions Account No. ] Description [ Amount 1996 New Funds: 035-052-5304-5239 Administration -- RRHA 31,609 035-052-5304-5303 Administration -- OGC 3,671 035-052-5304-5321 Administration -- Unprogrammed 24,820 TOTAL 60,100 035-052-5304-5333 RRHA Consolidated Rehab Loans 420,700 035-052-5304-5319 Habitat Perry Park, Phase II 25,305 TOTAL 446,005 035-052-5304-5334 Operating Reserve -- CHDOs 4,745 035-052-5304-5340 Projects Reserve -- CHDOs 90,150 TOTAL 94,895 GRAND TOTAL 601,000 Attachment B HOME Funds -- Account Transfers Account No. Description [ Amount Transfers: 035-052-5302-5303 Administration -- OGC (30,754) 035-052-5302-5333 RRHA Consolidated Rehab Loans 30,754 035-052-5301-5236 RRHA Rental Rehabilitation (27,323) 035-052-5301-5333 RRHA Consolidated Rehab Loans 27,323 035-052-5303-5234 Administration -- CHDOs (25,000) 035-052-5303-5241 NNEO 803/809 Gilmer Phase II Operating Funds 25,000 035-052-5303-5238 CHDOs (75,000) 035-052-5303-5272 NNEO 803/809 Gilmer Phase II 75,000 035-052-5303-5320 Unprogrammed HOME (129,700) 035-052-5303-5240 RRHA Down Payment/Closing Costs 62,706 035-052q5303-5319 Habitat Perry Park, Phase II 66,994 035-052-5302-5320 Unprogrammed HOME (21,750) 035-052-5302-5319 Habitat Perry Park, Phase II 21,750 035-052-5300-5320 Unprogrammed HOME (8,855) 035-052-5300-5318 DHD HOME Security Deposits 5,000 035-052-5300-5333 RRHA Consolidated Rehab Loans 3,323 035-052-5300-5240 RRHA Down Payment/Closing Costs 532 Attachment B HOME Funds -- Account Transfers (cont'd) Account No. [ Description [ Amount Transfers: 035-052-5303-5317 DSS Emergency Assistance Fund (8,000) 035-052-5303-5333 RRHA Consolidated Rehab Loans 8,000 035-052-5303-5235 RRHA Owner-Occupied Rehab (25,000) 035-052-5303-5333 RRHA Consolidated Rehab Loans 25,000 TOTAL TRANSFERS 355,237 Office of the City Manager July 1, 1996 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Subject: Acceptance of 1996-97 HOME Investment Partnerships Program (HOME) Entitlement and Appropriation of Funds for HOME Activities Dear Mayor Bowers and Members of City Council: This briefing letter addresses Council Report 96-21, on the above subject, which you will consider at the regular weekly session to be held July 1, 1996. Housing, neighborhood and economic development, and human services are among the highest priorities of the City. To help us address these priorities, each year the City applies for and receives from the U.S. Department of Housing and Urban Development (HUD) nearly $3 million in new grants. Since 1992, about one-fourth of these yearly grants has been provided by HUD under its HOME Investment Partnerships (HOME) Program. For 1996/97, the new HOME grant amounts to $601,000. The HOME Program focuses specifically on increasing the stock of affordable housing which is available to families earning 80% or less of the area median income. Currently, this means a yearly income of up to $34,300 for a family of four, though many families assisted earn much less. HOME allows the City, directly or through other agencies, to construct new housing or rehabilitate existing housing. Existing properties may be vacant, owner-occupied or rental units. They may be single-family or multi-family in design. Within limits specified by HUD, HOME funds can be used to acquire properties, including direct financial assistance to homebuyers, pay for development and bricks and mortar costs, program administration, and other associated expenses. Properties purchased with HOME funds must be the family's principal residence and must remain affordable to subsequent homebuyers for up to 15 years, depending on the amount of HOME funds invested. To date, HOME funds have assisted agencies such as the Redevelopment and Housing Authority, Northwest Neighborhood Environmental Organization, Habitat for Humanity, and Room 364 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 981-2333 FAX (540) 224-3138 Members of Council Page 2 others to conduct some 150 housing projects. Ongoing efforts range from small down payment and closing costs grants to single families to the construction of 20 new homes ns part of Habitat's extensive rehabilitation of the City's Perry Park area. I hope this brief overview will help you understand the basic nature of the HOME Program and the benefits it offers to our community. Please contact me if you have questions. Sincerely, City Manager WRH: FEB c: Mary F. Parker, City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, The 1st day of July, 1996. No. 33023-070196. VIRGINIA, A RESOLUTION accepting the Fiscal Year 1996-97 funds for the Community Development Block Grant Program, and authorizing the proper City officials to execute the requisite Grant Agreement with the United States Department of Housing and Urban Development (HUD). BE follows: 1. IT RESOLVED by the Council of the City of Roanoke as The Fiscal Year 1996-97 funds for the Community Development Block Grant Program are hereby ACCEPTED. 2. The City Manager or the Assistant City Manager is authorized to execute, and the City Clerk is authorized to attest, the requisite Grant Agreement with the United States Department of Housing and Urban Development (HUD) for such funds, the Funding Approval, and any and all understandings, assurances and documents relating thereto, in such form as is approved by the City Attorney, as more particularly set July 1, 1996. out in the report to this Council dated ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, The 1st day of July, 1996. No. 33022-070196. VIRGINIA AN ORDINANCE to amend and reordain certain sections of the 1996-97 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency exist. THEREFORE, BE IT ORDAINED by the Council of Roanoke that certain sections of the 1996-97 Appropriations, be, and the same are hereby, to read as follows, in part: is declared to the City of Grant Fund amended and reordained Appropriations Community Development Block Grant FY94 (1-25) ......... $ Community Development Block Grant FY95 (26-35) ........ Community Development Block Grant FY96 (36-160) ....... Revenue Community Development Block Grant FY96 (161-171) ...... $ 1) Unprogrammed CDBG- Other (035-094-9440-5189) $(109,533) 2) Deanwood (035-094-9430-5020) 6,431 3) Economic Investment Fund (035-094-9430-5136) 100,000 4) Property Maintenance (035-094-9420-5352) 3,084 5) Small Business Incubator (035-094-9430-5092) 18 6) Unprogrammed CDBG- RRHA (035-094-9440-5197) (106,279) 7) Deanwood (035-094-9430-5020) 24,036 8) Gainsboro Professional Park(035-094-9430-5011) 35,590 9) Gainsboro Plan (035-094-9437-5353) 40,000 10) Small Business Incubator (035-094-9430-5092) 6,653 11) Gainsboro Curb and Sidewalk (035-094-9437-5019) (8,000) 2,882,889 3,612,571 2,399,000 2,399,000 12) Stabilize Old First Baptist 13) Gainsboro Enhancement Rehabilitation 14) First Street (Henry Street) 15) Henry Street-City 16) L/M Housing Downpayment Assistance (035-094-9420-5216) 17) Unprogrammed CDBG- Other (035-094-9440-5189) 18) West End Sidewalks(035-094-9437-5023) 19) Belmont Fire (035-094-9437-5162) 20) Hotel Roanoke Training (035-094-9438-5056} 21) ICMARetirement (035-094-9415-1115) 22) Gainsboro Professional Park(035-094-9430-5011) 23) West End Center 24) Henry Street Revitalization 25) Property Maintenance 26) Unprogrammed CDBG- Other 27) Shaffers Crossing 28) Deanwood 29) 3O) 31} 32} 33) (035-094-9437-5215) (035-094-9420-5109) (035-094-9430-5144) (035-094-9430-5156) (035-094-9437-5024) (035-094-9437-5151) (035-094--9420-5352) (035--095-9540--5189 (035--095-9530--5145 (035--095-9530--5020 Contingency (035-095-9540-5300 Infill Design (035-095-9537-5080 Acquisition Infi11(035-095-9537-5093 $( 37,825) ( 7,664) ( 2,322) ( 462) ( 5,000) Self Help Manual Program Development 34) West End Center 35) Property Maintenance 36) General Administration 37) Gainsboro Professional Park Support 38) Deanwoo~ Support 39) Henry Street Support 40) Shaffers Crossing Support 41) Gainsboro Land Use Plan 42) Consolidated Rehabilitation Program Support- CDBG ( 11,243) ( 2,091) ( 737) ( 598) ( 1,189) 65,216 10,652 74 1,189 (103,185) 56,514 46,671 (42,748) ( 5,000) ( 10,000) ( 4,000) (035-097-9710-5042) 28,378 (035-097-9710-5007) 20,000 (035-097-9710-5001) 6,000 (035-097-9710-5046) 9,500 (035-097-9710-5047) 5,000 (035-097-9710-5016) 7,000 (035-095-9525-5196 (035-095-9515-5096) ( 1,727) (035-095-9537-5024) 57,748 (035-095-9520-5352) 5,727 (035-097-9710-5035) 34,574 43) 44) 45) 46) 47) 48) 49) 5O) 51) 52) 53) Consolidated Rehabilitation Program Support- HOME Operation Paintbrush Support Quick Response to Emergencies Support Critical Assistance to the (035-097-9710-5070 (035-097-9710-5048 (035-097-9710-5076 Elderly Support (035-097-9710-5002 Enterprise Zone Rehabilitation Support (035-097-9710-5040 Historic Gainsboro Rehabilitation Support Downpayment Closing Support- HOME Gainsboro Lot Acquisition Support - HOME Regular Employee Salaries Temporary Wages ICMA Retirement 54) FICA 55) HosPitalization (035-097-9710-5041 (035-097-9710-5331 (035-097-9710-5332 $100,000 9,500 10,500 24,500 37,000 37,000 31,500 15,000 (035-097-9715-7015) 1,500 (035-097-9715-7027) 500 Insurance. 56) Dental Insurance 57) Life Insurance 58) Fees for Professional Services 59) Advertising 60) Telephone 61) Administrative Supplies 62) Expendable Equipment < $1,000 63) Publications and Subscriptions 64) Training and Development 65) Printing 66) Postage 67) Equipment Rental 68) Other Rentals 69) Program Development 70) Management Services 71) Fleet Rental (035-097-9715-5096) 1,500 (035-097-9715-2044) 3,500 (035-097-9715-2075) 500 (035-097-9715-2160) 1,500 (035-097-9715-3070) 2,650 (035-097-9715-3075) 13,022 (035-097-9715-2040) 1,500 (035-097-9715-2035) 500 (035-097-9715-2030) 3,750 (035-097-9715-2010) 6,000 (035-097-9715-2015) 2,000 (035-097-9715-2020) 4,000 (035-097-9715-1125) 6,816 (035-097-9715-1126) 549 (035-097-9715-1130) 575 (035-097-9715-1002) 147,382 (035-097-9715-1004) 2,000 (035-097-9715-1115) 14,781 (035-097-9715-1120) 12,971 72) Regular Employee Salaries 73) ICMA Retirement 74) FICA 75) Hospitalization Insurance 76) Dental Insurance 77) Life Insurance 78) Telephone 79) Administrative Supplies 80) Expendable Equipment < $1,000 81) Training and Development 82) Management Services 83) Criticai Assistance for the Elderiy 84) Vacant Lot Homesteading 85) Demolition 86) Quick Response to Emergency 87) Consolidated Rehabilitation 88) Regular Employee Salaries 89) ICMA Retirement 90) FICA 91) ~ospitalization Insurance 92) Dental Insurance 93) Life Insurance 94) Telephone 95) Administrative Supplies 96) Motor Fuels and Lubricants 97) Training and Development (035-097-9718-1002) $ 33,269 (035-097-9718-1115) 2,994 (035-097-9718-1120) 2,545 (035-097-9718-1125) 2,130 (035-097-9718-1126) 138 (035-097-9718-1130) 116 (035-097-9718-2020) 1,000 (035-097-9718-2030) 500 (035-097-9718-2035) 531 (035-097-9718-2044) 1,000 (035-097-9718-7015) 500 (035-097-9720-5003) 90,000 (035-097-9720-5104) 20,000 (035-097-9720-5108) 100,000 (035-097-9720-5203) 40,000 (035-097-9720-5112) 80,000 (035-097-9722-1002) 91,653 (035-097-9722-1115) 8,249 (035-097-9722-1120) 7,011 (035-097-9722-1125) 6,390 (035-097-9722-1126) 412 (035-097-9722-1130) 321 (035-097-9722-2020) 600 (035-097-9722-2030) 1,000 (035-097-9722-2038) 1,000 (035-097-9722-2044) 729 1,000 5,000 Fleet Maintenance(035-097-9722-7025) 98) 99) Fleet Rental 100) Furniture and Equipment > $1,000 101) Regular Employee Salaries 102) Overtime Wages 103) Temporary Employee Wages 104) ICMA Retirement 105) FICA 106) Hospitalization Insurance (035-097-9722-7027) (035-097-9722-9005) 8,635 (035-097-9725-1002) 59,976 (035-097-9725-1003) 1,000 (035-097-9725-1004) 1,000 (035-097-9725-1115) 5,398 (035-097-9725-1120) 4,588 (035-097-9725-1125) 2,316 107) Dental Insurance 108) Life Insurance 109) Maintenance Contracts 110) Fees for Professional Services 111) Telephone 112) Administrative Suppties 113) Expendable Equipment < $1,000 114) Training and Development 115) Local Travel 116) Travel and Education - citizens 117} City Information Services 118) Postage 119) Management Services 120) Fleet Rental 121) Neighborhood Training 122) Neighborhood Plan 123) Neighborhood Business Development 124) Hotel Roanoke 108 Repayment 125) Small Business Incubator 126) Business Training Initiative 127) Economic Investment Fund 128) Enterprise II Plan 129) Temporary Wages 130) FICA 131) Special Projects 132) Temporary Wages 133) FICA 134) Training and Development 135) Supplies 136) Day Care - Social Services 137} (035-097-9725-1126) $ 110 (035-097-9725-1130) 210 (035-097-9725-2005) 200 (035-097-9725-2010) 500 (035-097-9725-2020) 1,000 (035-097-9725-2030) 4,000 (035-097-9725-2035) 500 (035-097-9725-2044) 3,200 (035-097-9725-2046) 800 (035-097-9725-5124) 2,899 (035-097-9725-7005) 500 (035-097-9725-2160) 1,500 (035-097-9725-7015) 1,500 (035-097-9725-7027) 200 (035-097-9725-5147) 500 (035-097-9725-5142) 5,000 (035--097-9730-5021) (035--097-9730--5135) (035--097-9730--5092) (035-097-9730-5132) (035-097-9730-5136) (035-097-9730-5129) (035-097-9732-1004) (035-097-9732-1120) (035-097-9732-2034) (035-097-9736-1004) (035-097-9736-1120) (035-097-9736-2044) (035-097-9736-2030) (035-097-9736-5141) Resource Mothers- Health Department (035-097-9736-5222) 20,000 556,122 23,329 30,000 50,000 15,000 22,000 2,000 7,500 14,872 1,138 140 1,350 2,500 21,700 138) Operation Paintbrush 139 Mini Grants 140 Henry Street Improvements 141 Downtown Facade Grants 142 Graffiti Abatement 143 Opportunity Knocks 144 Emergency Assistance Fund 145 Operation Bootstrap 146 TAP Customized Job Training 147 YMCA Youth Achievers Outreach 148) Teen Outreach Program 149) Empowering (035-097-9737-5102) (035-097-9737-5122) (035-097-9737-5151 (035-097-9737-5201' (035-097-9737-5273' (035-097-9738-5098' (035-097-9738-5158 (035-097-9738-5212' (035-097-9738-5218) (035-097-9738-5351) (035-097-9738-5054) Individuals with Disabilities 150) Expanding Horizons 151) Volunteer Leadership Camp 152) YWCA Youth Club 153) Project HOPE 154) Youth Clubs 155) (035-097-9738-5057) (035-097-9738-5084) (035-097-9738-5086) (035-097-9738-5350) (035-097-9738-5088) (035-097-9738-5262) Business Training Initiative (035-097-9738-5263) Adult Care Center(035-097-9738-5264) 156) 157) Scouting Early Leads 158) Drug and Alcohol Abuse Council 159) Contingency Fund 160) Indirect Costs 161) CDBG Entitlement 162) Parking Lot Income - RRnA 163) Other Program Income - RRHA (035-097-9738-5269) (035-097-9739-5209) (035-097-9740-5300) (035-097-9740-5154) (035-035-1234-9701) (035-035-1234-9702) (035-035-1234-9703) 164) Cooper Industries(035-035-1234-9706) 165) Parking Lot Income - Williamson Road (035-035-1234-9707) 166) Loan Repayment - NNEO-810 Loudon (035-035-1234-9709) 167) Loan Repayment - Trompeter Brother L.C. (035-035-1234-9716) 168) Loan Repayment - SRO (035-035-1234-9720) $ 36,881 7,000 4,470 15,000 3,000 15,618 52,000 8,466 25,500 15,000 1,500 26,600 24,000 9,275 12,600 20,000 3,000 19,941 2,400 9,500 5,000 65,800 42,230 2,162,000 36,000 46,287 13,333 90,000 2,196 6,000 5,600 169) Home Ownership Assistance (035-035-1234-9722) $ 20,000 170) Loan Repayment - Lagniappe L.L.C.(035-035-1234-9731) 7,620 171) Loan Repayment - K.D.L. Investments L.L.C. (035-035-1234-9732) 9,964 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia July 1, 1996 96-22 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Acceptance of 1996-97 Community Development Block Grant (CDBG) Program Entitlement and Appropriation of Funds for CDBG Activities I. Background: City Council authorized filing a CDBG application through the submission of the Consolidated Plan to the Department of Housing and Urban Development (HUD) for FY 1996-97 on May 13, 1996 by by Resolution No. 32939-051396. HUD approval of the City's FY 1996-97 CDBG application is forthcoming. The letter of approval is pending the routine Congressional release process. II. Current Situation: A. Grant approval is for $2.162.000 the amount requested by the City. Appropriation request includes $237.000 in expected CDBG program income from parking receipts, Housing Authority rehabilitation loan repayments, Cooper Industries land lease, miscellaneous loan repayments and repayments from the Home Ownership Assistance program. (See Attachment A) CDBG Entitlement Estimated Program Income Total Appropriation $2,162,000 $ 237.000 $2,399,000 Additionally $459.603 needs to be transferred between accounts in the prior two years of CDBG entitlement as detailed in the FY 1996-97 CDBG program. (See Attachment B) Members of Council Page 2 III. Issues: B. C. D. Impact on communiW development in the Ci_ty Funding Timing Administrative IV. Alternatives: Adopt a resolution accepting the FY 1996-97 CDB~ fimds when the letter of approval is received from HUD, and authorize the City Manager to execute the requisite Grant Agreement, (to be approved as to form by the City Attorney), Funding Approval, and any other forms required by HUD on behalf of the City in order to accept such funds; and Appropriate $2.399.000 to revenue and expenditure accounts in the Grant Fund to be established by the Director of Finance ($2.162.000 CDBG FY 96-97 entitlement and $237.000 in projected program income) as detailed in Attachment A; and Transfer $459.603 between accounts in the prior two years of CDBG entitlements as detailed in Attachment B. Impact on community development in the Ci_ty would be positive, continuing programs which Council has endorsed in the past, and funding new initiatives to address citizens' concerns. Funding would be available from the sources as listed in Part II, B and C. Timine is important. The funds are needed to implement programs, on or as soon as possible after July 1, 1996. Members of Council Page 3 Administrative capabili _ty will be positively affected. Appropriating funds will allow tracking for reporting purposes and prevent disallowed costs. Do not adopt a resolution accepting the FY 1996-97 CDBG fullds when the letter of approval is received from HUD, and authorize the City Manager to execute the requisite Grant Agreement, (to be approved as to form by the City Attorney), Funding Approval, and any other forms required by HUD on behalf of the City in order to accept such funds; and Do not appropriate $2.399,000 to revenue and expenditure accounts in the Grant Fund to be established by the Director of Finance ($2.162.000 CDBG entitlement and $237.000 projected program income) as detailed in Attachment A; and 3. Do not transfer $459.603 between accounts as detailed in Attachment B. Imvact on communi _ty development in the City could be negative if programs are delayed or cancelled. b. Funding would not be an issue. Timing could be a problem as construction projects or acquisition could be delayed, and staff salaries may be affected if City Council does not accept the new entitlement on July 1, 1996. d. Administrative capability would not be an issue. Recommendation: A. 1. It is recommended that City Council concur in Altemative A and adopt a Members of Council Page 4 resolution accepting the FY 1996-97 CDBG funds when the letter of approval is received from HUD, and authorize the City Manager to execute the requisite Grant Agreement,(to be approved as to form by the City Attorney), Funding Approval, and any other forms required by HUD on behalf of the City in order to accept such funds; and Appropriate $2.399.000 to revenue and expenditure accounts in the Grant Fund to be established by the Director of Finance ($2.2162.000 CDBG entitlement and $237.000 projected program income) as detailed in Attachment A; and Transfer $459.603 between accounts in the prior two years of CDBG entitlements as detailed in Attachment B. WRH/LSS Attachments CC: Respectfully submitted, bert Herbert City Manager Assistant City Manager City Attorney Director of Finance Director of Public Works Director of Human Development Chief of Economic Development Chief of Community Planning City Engineer Building Commissioner Administrator FDETC Assistant to the City Manager for Community Relations Office of Grants Compliance ATTACHMENT A Itemized Expenditures for CDBG Fiscal Year 1996-97 Funds Account No. 035-097-9710-5035 Item Description RRHA General Administration Amounl $ 34,574.00 5007 Gainsboro Prof. Park Support $ 20,000.00 5001 Deanwood Support $ 6,000.00 5046 Henry Street Support $ 9,500.00 5047 Shaffers Crossing Support $ 5,000.00 5016 Gainsboro Land Use Plan $ 7,000.00 5042 Consold. Rehab Program Support - CDBG $ 28,378.00 5070 Consold. Rehab Program Support -HOME $ 100,000.00 5048 Operation Paintbrush Support $ 9,500.00 5076 Quick Response To Emergencies Sup. $ 10,500.00 5002 Critical Assistance for the Elderly Support $ 24,500.00 5040 Enterprise Zone Rehab Sup.- HOME funded $ 37,000.00 5041 Historic Gainsboro Rehab Support $ 37,000.00 533 t Down Payment Closing Sup (HOME funded) $ 31,500.00 5332 Gainsboro Lot Aquist. Sup(HOME funded) $ 15,000.00 Sub total $ 375,452.00 Account No. Item Description Amount 035-097-9715 City CDBG and HOME Administration 1002 Regular Employee salaries $ 147,382.00 1004 Temp Wages $ 2,000.00 1115 ICMA Retirement $ 14,781.00 1120 FICA ' $ 12,971.00 1125 Hospitalization Insurance $ 6,816.00 1126 Dental Insurance $ 549.00 1130 Life Insurance $ 575.00 2010 Fees for Professional Services $ 6,000.00 201 Advertising $ 2,000.00 2020 Telephone $ 4,000.00 2030 Administrative supplies $ 3,750.00 2035 Expendable equipment < $500 $ 500.00 2040 Publications & subscriptions $ 1,500.00 2044 Training & Development $ 3,500.00 2075 Printing $ 500.00 2160 Postage $ 1,500.00 3070 l Equipment Rental 3075 Other Rentals 5096 Program Development 70151 Management Services 70271Fleet Rental $ 2,650.00 $ 13,022.00 $ 1,500.00 $ 1,500.00 i$ 500.00 ATTACHMENT A ~ 1 mb tota _ --~ ~--~D~tion Account No. i~ Development . Retirement Insurance 1--26 ~,~De~ ntal Insurance Insurance ~3~-Administrative Supplies equip < $500 and Development ~7~1 ~Management Services , total Item Description Account No. 035-097-9720 Housing 5003iCritical Assistance for the Elderly 5104 [Vacant Lot Homesteading lition 5203 Quick Response to Emergency 5112', -- -- ~, Sub total Account No. 035-097-9722 Code Enforcement ~lReg~lar Employee Salaries · Retirement 1120 IFICA ~12~4~osp~talization Insurance Insurance Life Insurance item Description . fuels & lubricants $ $ ,$ 7025 ~ Fleet Maintenance 7027 : rental Furniture & Equipment > $500 ~Subtotal $ $ $ $ $ $ $ $ ~$ ~$ Amount Amount 90,000.00 80,000.00 330,000.00 Amount 8,249.00 7,011.00 6,390.00 412.00 321.00 600.00 1,000.00 729.00 1,000.00 5,000.00 8,635.00 Account No. 035-09 ATTACHMENT A Item Description ~ od Partnershiv 100 Overtime Wages 100, Ill --__ l120~F~ ~ - __ [Z~osp~tahzation Insurance --__ 1126~ Dental Insurance 113~ Insurance Contracts 201 for Professional Services 2020 2030 ~ A~atrve Supphes 2035~Expendable equipment< 5 -- --A~ ~.. .... $ O0 2044 i~ Trmning and D~velo~een~ 20464Lo_ca~l Travel Travel & Education- Citizens 7005 . on Services 2160 ~ Postage 70151~ana~ge~ment Services 7027 ~ Fleet Rental 5147 d Training 5142 Neighborhood Plan Sub total Account No. ~ -- 4~ ___ Item Description 035-097-9730 ,~Economic Development 302T ~ gnDornood Business Development 513~Hotel Roanoke 108 Repayment 5092 ii Small Business Incubator 513~Training In/tiative 5 ~ 136 ~Economic Investment Fund 512~se II Plan ~SSufi t~ota~l Amount 1,000.00 4,588.00 2,316.00 210.00 200.00 500.00 $ - o6o.o6 500.01 800.00 2,899.00 500.00 200.00 500.00 5,000.00 -_ 96,897.00 Amoun 556 30,000.00 50,000.00 694,451.00 ATTACHMENT A Account No. '-~ Item Description 035-097-9732 Uob Training/Internship Program (DOY) 1004 I Te~ary Wages 20341Special Proje~cts Account No. 035-097-9737 I Item ~ Description !Neighborhhood Projects 51021 Operation Paintbrush 5122 i Mlm Grants 515 ~treet Improvements 5201 Downtown Facade Grants 527341 Graffiti Abatement I Sub total Account No. 035-0975-9736 I Item Description '~Pre~t Teen/Teen Parent-Soc. Serviccs 10~04~.cmporary Wages - city 20~and Development 2030~ 5 l~are -Soc. Services 5~22%Res~ourcdM~er~s. ~eealth Department Account No. I 035-097-9738 q I Item Description IHuman Development Programs 5098 lOpportunity Knocks 5158 Emergency Assistance Fund 321~ I~peratlon Bootstr~ -- 52--18~T~T~T~T~P ~ J~b ~rrainihg 5351~YMCA Youth Achievers Outreach 50541Teen Outreach Program (TOP) 5057E~p~nng Individuals w/Disab. 50861Vo~teer Leadership Camp 5-35~Y~C~oouth Club 508~847~OPE 52621 Youth Clubs --52637Busi~enes~Trng Initiative -22,000.00 2,000.00- 7,500.00 ($ 331,500.00- Amonn~ 36,881.00 7,000.00 4,470.00- 15,000.00 3,000.00 ~$ --~6,351.00 Arno 140.00 ~ $ 21 Amount 15,618.00 52,000.00 8,466.00 i2,600.00 ~$ I$ 3,000.00 ~ $ 19,941.00 I$ 25,500.00 I$ 15,000.00 ~$ ATTACHMENT A Care Center Early Leads Sub total Item Descnpt~o Account No. 035-097-9739 4 and Alcohol Abuse Council 5209 Drug and Alcohol Abuse Council 035-097-9740-5300 , Fund 02 i indirect Costs Sub total --- - ~GRAND TOTAL Accounts I 035 -035-~4~- 9 ~0~CDB G Entitlment -- 9~7~Parking Lot income 9~ther Program Income - RRHA -- 9~0~Cooper Industries - 97~oan pay~e~NNEO - 810 Loudon -- 9~~w~er s~hi~ As~s~st~c-e ~RO Loan to TAP -- 9~16~Trompeter Bros. L.C. -- 9731~dniappe, L.L.C. -- 9~.D.L. Investments L.L.C. -- -- 97~7-07~Parking Lot Income - Williamson Rd. ..... ~TOTAL i$ i$ 9,500.00 245,400.00 Amount 5,000.00 65,800.00 42,230.00 108,030.00 2,399,000.00 Amount 2,162,000.00 36,000.00 46,287.00 13,333.00 2,196.00 20,000.00 5,600.00 6,000.00 7,620.00 9,964.00 90,000.00 ATTACHMENT B ~ .~CDBG ACCOUNT TRANSFERS I -- nnprogrammed CDBG-Other [ [~_35f095-9540-5189 I $ (103,185.00) ~ ]035-095-9530-5145 ~ ~ 5~,~ 1~0.00~ ~ IDeanwood I 1035-095'9530-5020 I$ 46,671.00 I 1 r ? ~ $ 4 4U [ .~ I nprogrammed CDBG - Other I Deanwood ~ ~Econ Investment Fund 1035-094-~440-5189 ~-5020 ~_~-094-9430~ $ 100,000.00 IProperty Maintenance 035-094-9420-5352_ $ 3,084.00 Small Bus!ness Incubator I Unprogrammed CDBG - RRHA Deanwood ~ Galnsboro Prof. Par!~ 'G~nnsboro Plan I Small Business Incubator 035-094-9430-5092 035-094-9440.5197 $(109,533.065 $ 18.00 $ (106 279.00 035-094-9430-5020 $ 24,036.00 035-094-9430-5011 $ 35,590.00 $ 40,000.00 $ 6,653.00 I Gainsboro Curb and Sidewalk ~Gainsboro Enh. Rehab I First Street -094-9437-5215 $ (8,000.00 $ (37,825.00 $ (7,664.00' 1035'094'9430-5144 $ (2,322.00 1035-094-9430-5156 $ (462.00 !035-094-9420-5216 ~ $ (5,000.00 - Other~~~-51~ I $ (11,243.00 1035-094-9437-5023 ]* (2,091.00) ~035-094-9437-5162 I$ (737.0~- ~Henry Street °~lSayment l West~nd Sidewalks ~Belmont Fire ~H0te~ R~oke Ting I ICMA Retirem ~Ghnsboro Prof P~ 03~5-094---9438_5056 $ (598.00 IWest End Center ~Henry Street Revit ~Property Maintenance I ~,Contingenc~ iAquis. Infill I Self Help Manual ~rog Development ~West End Center 035-094-9415-1115 035-094-9430-5011 035-094-9437-5024 035-094-9437-5151 035-094-9420-5352 ~035-095-9540-5300 035-095-9537-5080 035-095-9537-5093 035-095-9525-5196 03~0~0~0~2-095-9515-5096 -~7-5024 035-095-9520-5352 $ (1,189.00) $ ~16.~ $ 10,652.00 74.00 $ 1,189.00 $ (42,748.00) $ (5,000.00 $ (lO,OOO.OO $ (4,000.00 $ (1,727.00) $ 57,7~8.00- $ 5,727.00 IN THE COUNCIL OF THE CITY OF ROANOKE, The 1st day of July, 1996. No. 33024-070196. VIRGINIA AN ORDINANCE to amend and reordain certain sections of the 1996-97 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 Roanoke that certain IT ORDAINED by the Council of the City of sections of the 1996-97 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Public Works Engineering (1-2) ................................. Capital Maintenance and Equipment Replacement Program - City Unappropriated (3) ................. 1) Temporary E~ployee Wages(001-052-4310-1004) $ 41,000 2) Other Equipment (001-052-4310-9015) 6,110 3) CMERP - City Unappropriated(001-3323) (47,110) $ 19,873,109 1,371,278 $ 1,551,327 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. July 1, 1996 Council Report No. 96-143 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: DIGITAL MAPPING PROJECT Backqround on the subject in chronological order is as follows: In accordance with Section 36 of the Roanoke City Charter, the unencumbered balance at fiscal year end of each appropriation shall become part of the end of year fund balance. Remain n.q fundinq for the Diqital Mapp n.q Project approved by City Council on August 14, 1995 has not been expended or obligated. II. Current situation is as follows: $150,000 was allocated for the Di,qital Mapping Proiect by City Council on Au,qust 14, 1995. The project provides for the conversion of manually drafted appraisal maps to digital maps that are stored and revised on a computer aided drafting system. The funds were initially anticipated to be expended as follows: Capital Equipment $60,000 Temporary Personnel $90,000 The Dig ta Mapping Project is approximately sixty percent complel,,. Funding expended through May 31, 1996 is as follows: Capital Equipment $82,553 Temporary Personnel 920,337 Unexpended 947,110 The remaining funds are needed to fund the cost of temporary waqes and equipment to complete the project. The project is expected to be complete by the end of the calendar year. Capital Equipment 96, 110 Temporary Personnel 941,000 Honorable Mayor and Members of City Council DIGITAL MAPPING PROJECT July 1, 1996 Page 2 II1. Issues in order of importance are as follows: A. Fundinq B. Schedules IV. Alternatives in order of feasibility are as follows: City Council authorize the carry over of unexpended fund~ as noted above for the Digital Mapping Project to FY1996-1997. 1. Funding s available in the year-end fund balance. Capital Equipment $6,110 Temporary Personnel $41,000 Schedules for the Digital Mapping Project will be met and the project will be completed by the end of the calendar year. City Council not authorize the carry over of unexpended funds as noted above for the Digital Mapping Project to FY1996-1997. Funding to complete the project will be needed in the FY1996-1997 budget. 2. Schedules for the Digital Mapping Project will be delayed. Recommendation is that City Council concur in Alternative A, and take the following specific action: Appropriate funding from the year-end balance in the amount of $47,110 to the Engineering Department General Fund budget accounts: Capital Equipment $6,110 Temporary Personnel $41,000 Respectfully submitted, W. Robert Herbert City Manager Honorable Mayor and Members of City Council DIGITAL MAPPING PROJECT July 1, 1996 Page 3 WRH/PCS/kh CC: City Attorney City Clerk Director of Finance Director of Public Works City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk ~ndra H. Eakin Deputy city C~erk July 8, 1996 James D. Ritchie, Sr. Acting City Manager Roanoke, Virginia Dear Mr. Ritchie: Your report with regard to a feasibility study for an alternate means of transportation from Downtown Roanoke to Mill Mountain, recommending that the matter be included in the long-range capital improvement program for future funding consideration, was before the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. On motion, duly seconded and unanimously adopted, Council concurred in your recommendation. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm . - James D. Ritchie, Sr. Acting City Manager July 8, 1996 Page 2 pc: Carl H. Kopitzke, Chairperson, Mill Mountain Development Committee, 4581 Oakland Boulevard, N. E., Roanoke, Virginia 24012 James D. Grisso, Director of Finance William F. Clark, Director, Public Works Diane' S. Akers, Budget Administrator, Office of Management and Budget John W. Coates, Manager, Parks and Recreation/Grounds Maintenance Lynn B. Vernon, Parks Planner July 1, 1996 Council Report No. 96-148 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: SUBJECT: Feasibility Study for Alternate Means of Transportation from Downtown to Mill Mountain Part 1V of the Mayor's 1995 State of the City Report suggested that the concept of providing some alternative transportation access to connect the top of Mill Mountain to the market area be researched as a tourism initiative. II. City Council referred the matter to the City Manager on July 24, 1995, for an appropriate response. CURRENT SITUATION: ~ was contacted for the purpose of developing a cost estimate for professional services to study the feasibility of the proposal. Hill ~ offered for consideration a three-phase approach that would take into consideration planning, market research and transportation engineering. Refer to attached letter dated May 3, 1996. III. PROJECT PHASES. ESTIMATES AND SCHEDULEE: Preliminary_ Feasibility would provide an essential "go" or "no-go" evaluation of the concept by investigating similar transportation systems at other sites and by appraising the affected local attractions. Cost for Phase 1 is $15,000.00 and schedule time is two (2) months. Honorable David A. Bowers, Mayor and Members of City Council Feasibility Study/Transportation Downtown to Mill Mountain July 1, 1996 Council Report No. 96-148 Page 2 IV. Transport and Market Study would seek broad public participation in this phase. Conceptual design alternatives and initial cost estimates for the alternatives would be prepared. Possibilities for public/private partnerships would be analyzed. Cost for Phase 2 is $55.000.00 and scheduled time is four (4) months. Pro-Forma Analysis and Master Plan would include an environmental review of the project, offer funding alternatives, conduct necessary presentations, and produce a final master plan document. Cost for Phase 3 is $20.000.00 and scheduled time is four (4) months. Total Project inclusive of three phases, would cost approximately $90,000 and should take approximately ten (10) months to complete. RECOMMENDATION is that City Council refer the Feasibility Study for providing an alternate means of transportation from Downtown to Mill Mountain be included in the long-range Capital Improvement Program for future funding consideration. WRH/LBV/pr Attachment Respectfully submitted, City Manager pc; Carl H. Kopitzke, Chairperson, Mill Mountain Development Committee City Attorney Director of Finance Director of Public Works Manager, Office of Management and Budget Manager, Parks & Recreation Parks Planner V'fP~//V/~I May 3, 1996 Mr. Lynnls B. Vernon, Parks Planner City of Roanoke Department of Parks and Rereation '~ 210 Reserve Avenue Roanoke, VA 24016 RE: Feasibility Study for Alternate Mode of Transportation Mill Mountain Park Dear Mr. Vernon, This letter is in response for your recent request for Inlormation on studying the feasibility of an alternative mode of transportation that would connect the City Market to the top of Mill Mountain. This mode of transport may resemble the historic Incline railway up the mountain, but does not necessarily need to duplicale it, since public Input may influence both the mode of transportation, the routes and termini. Over the last weeks, I have discussed this matter with two highly qualified professionals, and they have helped me to assemble this Information. Included in this collaboration are Patrick Phillips, an economist with Economics Research Associates In Washington, DC, and Steve Chapln, Director of Transportation Engineering at HSMM In Roanoke. I have worked with Palrick on several projects, and his firm has specific experience in determining feasibility of incline railways. I have also worked with HSMM on several projects. I find the work of both firms highly respected, and the personalities Involved are team players. The feasibility of a project of this scope and magnitude may be best divided into three primary disciplines, each with responsibilities in a Three- phase feasibility report. The disciplines needed ale: Planning: Administration of public Input process, programming, environmental assessment, site design and architectural schematics. In this case the Prime consultant and project planner would be Hill Studio. - · Market Reaearch: Investigation of similar projects, pro-forma investigation. structuring of project capitalization and operation, public and private responslbilllies. In this case, ERA would be proposed as the market research firm. "n'ansportatlon Engineering: Historic research, location analysis, alternative evaluation of two systems with conceptual design and cost estimaling, utilities planning. HSMM would be proposed for this work. We would suggest a three-phase study, which would provide for a prudent investment of public money should the concept prove less than desirable at critical points of the process. This process described below: May 3, 1996 Page 2 PHASE I - PRELIMINARY FEASIBILITY +/- $15,000.00 +/- tWO montha This first phase of the project provides the first essential test lor the possibility .If the idea is out-ol-the-question, marginal, or possible, It will provide information for the City to realize the range of expense and cost / benefit, so the City can make an Informed decision whether to continue before more substantial funds are spent. Project Kick-off and Preliminary Inventory Preliminary management investigation Into other municipalities' similar systems Look at Roanoke area, complementary regional attractions and their attendance Conduct preliminary feasibility analysis of the project's chances. Provide assessment to the City for the need to carry through with Feasibility Study Presentation of findings to small committee PHASE 2 - TRANSPORT AND MARKET STUDY +/- $55,000.00 +/- four months Based on preliminary findings, the second phase of the project provides background research and substantial market, transport, and management information, as well as public Input Into the project. Conduct preliminary public meetings to gain pt~bllc Insights Into project Conduct historic research inlo past incline railway Perlorm slle analysis and preliminary siting evaluation for Infrastructural improvements Perlorm conceptual design alternatives and cost estimates of alternatives Second public workshop series to narrow alternatives to preferred concept Conduct market analysis of the project based on similar projects and public / private partnerships Conduct public meeting to present project Lynn ¥~rnon May 3, 1996 Page 3 PHASE 3 - PRO-FORMA ANALYSTS AND MASTERPLAN +/- $20,000.00 · /- four months Conduct Environmental Assessment, and preliminary Mill Mountain Review Plan meeting (the 10 points) Run project pro-forma analysis Recommend any funding source alternatives Final presentation to City Council Make final recommendations on the project, and produce final masterplan document I hope this information is useful, and whet you need to help fulfill your memo to Council. The three chapters of the report allow you a tangible stopping point, and a chance to finish the project at critical levels before Investment of funds. If I can supply you with further Information, please call me. Thanks for this opportunity to serve the City of Roanoke. Sincerely, HILL STUDIO, P.C. David P. Hill, ASLA cc: Patrick Phillips, Steve Chapln, Incline Proposal File . IH THE COUNCIL OF THE CITY OF RO/%NOKE, VIRGINIA The 1st day of July, 1996. No. 33025-070196. Government of the exist. AN ORDINANCE to amend and reordain certain sections of the 1996-97 General, Capital Projects, and City Information Systems Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal city of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1996-97 General, Capital Projects, and City Information Systems Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ~eneral Fund Public Works Communications (1) ................................. Nondepartmental Transfers to Other Funds (2-3) ...................... C&nit&l Pro4eets Fund Other Infrastructure Telephone Purchases (4) ............................ City Information svstmms Fund Capital Outlay CAD and Mobile Data Terminal Equipment (5) ......... $ 21,840,294 2,014,295 $ 53,894,957 53,752,106 $ 6,076,534 80,000 $ 1,217,252 110,829 Operating $ 2,002,190 Contractual Services (6) ............................ 255,208 Revenue Non-Operating (7) .................................... $ 182,692 1) Maintenance - Equipment (001-050-4130-2048) $ 30,000 2) Transfer to Capital Projects Fund (001-004-9310-9508) ( 207,692) 3) Transfer to City Information Systems (001-004-9310-9513) 177,692 4) Appropriated from General Revenue (008-050-9613-9003) 80,000 5) Appropriated from General Revenue (013-052-9807-9003) 110,829 6) Maintenance Contracts (013-052-1601-2005) 66,863 7) Transfer from General Fund (013-020-1234-1037) 177,692 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Honorable Mayor and Members of City Council Roanoke, Virginia July 1, 1996 Council Report No. 96-403 Dear Mayor and Members of Council: SUBJECT: Budget appropriation for Maintenance and Purchase of City telephone equipment and Purchase of Computer equipment for Emergency 9-1-1 Center I1. o 'T were purchased in July 1993 to eliminate expensive lease payment so, savings could fund upgrades of city telephone systems. Telephone um=rades and Maintenance have been funded in the Communications Department basic budget. Emeroencv 9-1-1 CAD (Comr)uter-=~:~i=¥,d-Disoatch and Mobile Data Terminal/ were installed in August 1987 and are in need of replacement. CURRENT SITUATION Telenhone reDaire and urmre~,~ are coordinated and funded by the Communications Department. B. Repair Darts for current comouter system are becoming increasingly difficult to find. C. Computer software suooort is marginal at best.. I#. ISSUES: Replacement of CAD and Mobile Data Terminal~ has been identified as being a top priority, B. Funding C. Timinq D. EQuioment IV. ALTERNATIVES: A Appropriate $80,000 to an account in the Capital Projects fund to purchase new telephones and transfer $30,000 to the Communications Department budget for telephone maintenance; appropriate $177,692 to CIS's budget for CAD and Mobile Data Terminal equipment purchase and maintenance. Funding is currently appropriated in the FY 1996-97 General Fund budget in Transfer to Capital Projects fund account 001-004-9310-9508. 2. 3. 4. Service Deliverv will be maintained by providing employees with adequate time saving equipment to perform their duties. Fundin(~ is currently available in the fiscal year 1996-97 budget in the Transfer to Capital Projects account. (001-004-9310-9508) Timing for equipment replacement and maintenance will be met. Eauioment essential to provide delivery of Citizen se~ces will be pumhased and maintained. RECOMMENDATION: City ~ouncil not aDDrODriate fundina for Telephone Purchases and Maintenance and for CAD and Mobile Data terminal replacement. 1. Service Delivery to Citizens will deteriorate by employees not having essential equipment necessary to deliver sen/ices. 2. Fundim3 would not be an issue in this alternative. 3. Timim3 for equipment and replacement will not be met. 4. EauiDment essential to provide delivery of Citizen sel~ices will not be purchased or maintained. City Council concur with Alternative "A" and: Appropriate $80,000 to the Capital Projects fund for telephone purchases; Transfer $30,000 to the Communications Department budget to an account for telephone maintenance. Transfer $66,863 to CIS fund for maintenance and $110,829 for purchase of CAD and Mobile Data Terminal equipment. Total amount of $287,692 to be transferred is available in the General Fund account 001-004-9310-9508, Transfers to Capital Projects Fund. Respectfully submitted, W~O.' Rob r~He'r~· City Manager CC: James D. Grisso, Director of Finance Wilburn Dibling, City Attorney George C. Snead, Director of Public Safety Mary Parker, City Clerk Diane Akers, Budget Administrator Ran Wade, Acting Communications Manager IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of July, 1996. No. 33026-070196. AN ORDINANCE to amend and reordain certain sections of the 1996-97 General Fund Appropriations, and providing for an for the usual daily operation of the Municipal of Roanoke, an emergency is declared to by the Council of the City of of the 1996-97 General Fund emergency. WHEREAS, Government of the City exist. THEREFORE, BE IT ORDAINED Roanoke that certain sections Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Health and Welfare Social Services - Income Maintenance (1-6) ........ Grant-in-Aid Commonwealth Welfare (7) ....................................... 1) Regular Employee Salaries (001-054-5313-1002) $ 21,868 2) City Retirement (001-054-5313-1105) 2,734 3) FICA (001-054-5313-1120) 1,673 4) Hospitalization Insurance (001-054-5313-1125) 1,704 5) Dental Insurance (001-054-5313-1126) 110 6) Life Insurance (001-054-5313-1130) 77 7) General Administration(001-020-1234-0676) 28,166 $ 19,939,896 4,151,380 $ 33,868,599 13,250,065 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia July 1, 1996 #96-551 The Honorable Mayor and Members of City Council Roanoke, Virginia Mayor and Members of Council: SUBJECT: APPROVAL OF ADDITIONAL FRAUD INVESTIGATOR POSITION II. BACKGROUND Roanoke City currently has one (1) Fraud Investigator position and one (1) clerical position overseeing up to 12,000 cases per year. Enhanced Fraud Control and Collections Program began June 1, 1995 by the Virginia Department o£ Social Services allows local agencies to receive reimbursement for local share of administrative cost associated exclusively with local claims and collection activity. B. The Department collected $123,556.40 in FY 94/95 against claims owed The Department was reimbursed the total local administrative costs of the program for the one existing position. CURRENT SITUATION The Department is requesting one (1) additional Fraud Investigator position be added to the unit. B. Workload has grown 13% in one year. Current Fraud Investigator and Account Clerk are unable to cover workload of investigations and collections. The Department would continue to be reimbursed for total administrative costs of the fraud unit, including the new position. III. ISSUES A. .Fiscal impact. B. ~. C. Budget. IV. _ALTERNATIVES Approve funding for one additional Fraud Investigutor position in order for the Department of Social Services to act efficiently in investigating and collecting overpaid public assistance monies. 1. _Fiscal Impact City will receive reimbursement from the State for total local costs at 100%. b. Reimbursements will come from collections received. 2. ~ - Enhances the integrity of the program. Budget - No additional costs to the City. Expenditures are reimbursed through collections. B. Do not approve additional Fraud Investigator position. ~ - Suspected fraud cases with possible collections will not be investigated beyond current capabilities. 2. ~ - Weakened by inability to collect overpaid monies. 3. Budget - No impact. RECOMMENDATION City Council concur in the implementation of Alternative A and authorize the City Manager to advertise and fill one additional Fraud Investigator position. ~to Social Services expenditure accounts and increase the General Fund revenue estimate as follows: Expenditure Accounts 001-054-5313-1002 - Salaries 001-054-5313-1105 - Retirement 001-054-5313-1120 - F.I.C.A. 001-054-5313-1125 - Health Insurance 001-054-5313-1126 - Dental Insurance 001-054-5313-1130 - Life Insurance Revenue Account 001-020-1234-0676 $21,868 2,734 1,673 1,704 110 77 $28,166 $28,166 CC Respectfully submitted, W. Robert Herbert City Manager Wilburn C. Dibling, City Attorney James D. Grisso, Director of Finance Mary F. Parker, City Clerk Glenn D. Radcliffe, Director of Human Development Corinne B. Gott, Superintendent of Social Services Diane S. Akers, Budget Administrator Kenneth S. Cronin, Manager, Personnel Management IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of July, 1996. No. 33027-070196. AN ORDINANCE to amend and reordain certain sections of the 1996-97 General Fund Appropriations, and providing for an emergency. WHEREAS, Government of the exist. 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 social Services - Services (1-2) .................. Grant-in-Aid Commonwealth Welfare (3) ....................................... 1) Purchased Servicee 2) Emergency Relief 3) Other Purchased Servicee (001-054-5410-3610) $ 50,272 (001-054-5414-3145) (5,027) (001-020-1234-0683) 45,245 $ 19,985,141 6,120,331 $ 33,913,844 13,295,310 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia July 1, 1996 #96-554 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: FAMILY PRESERVATION/FAMILY SUPPORT SERVICES PROGRAM II. III. Background on the subject in chronological order is: Federal Act to provide Family Preservation Support services to strengthen family life has allotted $50,272 to Roanoke Cit~ through the State Depafanent of Social Services. This allotment is to be used from 7-1-96 through 9-30-96. City has flexibilit~ in designing prevention support social services to identified at-risk families. Department of Social Services and the Roanoke City Schools in conjunction with the Juvenile Courts have cooperatively developed a truancy prevention project to provide services to families whose children have excessive absences fi-om school. Current Situation is: Department of Social Services would like to use these family preservation funds to strengthen the Truancy Prevention Project. Roanoke City Schools can provide these services through contractual agreement as sole source provider. 108 children in K through 1st grade in Hurt Park and Fallon Park schools would be the targeted population to receive family assessment and case management services. D. Funds must be appropriated in order for program to operate during July and August, 1996. Issues in order of importance are: A. Services to eligible families with children. B. Funding. IV. .Altemative~ in order of feasibility are: CC ~to Social Services Account gOO 1-054-5314-3160 to provide funds to operate Truancy Prevention Project during July and August, 1996. _Services to eligible families with children - Over one hundred children who have been truant over 10 days during school year 95/96 will receive prevention services this summer to strengthen their learning skills. ~'unding - Cost of project will be 90% reimbursed by State Department of Social Services, ($45,245), leaving local cost of $5027.00 to be funded from Account g001-054-5314-3145. Do not appropriate revenue of $50,272 to provide funds to operate Truancy Prevention Project during July and August, 1996. 1. Services to eligible families with children will not be offered for truancy prevention. 2. Funding - City will lose resources allocated through Family Preservation Act. Recommendation C~itv Council concur in the implementation of Alternative A and authorize the following: 1. Transfer $5,027 from Emergency Relief Account gOO 1-054-5314-314'; to purchased Services Account #001-054-5314-3160 2. _Increase Revenue estim~t,, of fnnds received from the State Department of Social Services Account #001-020-1234-0683 and appropriate $45,245 to Expenditure Account gOO 1-054-5314-3160. Respectfully submitted, Wilbum C. Dibling, City Attorney James D. Grisso, Director of Finance Mary F. Parker, City Clerk · Robert Herbert City Manager Glenn D. Radcliffe, Director of Human Development Corinne B. Gott, Superintendent of Social Services Diane S. Akers, Budget Administrator D. Darwin Roupe, Manager, Supply Management Department of Finance City of Roanoke, Virginia July 1, 1996 TO: Honorable Mayor and Members of City Council FROM: James D. Grisso, Director of Finance SUBJECT: May Financial Report This financial report covers the eleven month period July through May 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 5.90% or $7,560,000, on a year to date basis, compared to FY95. Variances in specific categories of revenue are as follows: General Property Taxes have increased $1,717,000 or 2.95%. Real estate taxes have grown by $911,000, or 2.5%, due to increased levies, but they are likely to fall short of the targeted budget for the year. Personal property taxes have increased by $519,000, or 2.9%, due to an increase in the volume &vehicle sales, combined with the fact that vehicles have retained their values well in 1996 despite aging one year. Public service corporation taxes and penalties and interest have also increased by approximately $151,000 and $135,000, respectively. Other Local Taxes have increased 7.02% or $2,762,000. Numerous local taxes have had sizable increases in contributing to this growth. Business, professional, and occupational license taxes have increased $681,000 or 8.1% due to growth in the gross receipts of local businesses and the increased auditing of tax returns. Sales tax has increased approximately $485,000 or 3.4%. Transient room taxes have increased by 29%, providing $255,000 of additional revenue. Gas and electric utility taxes have increased $540,000, and bank stock taxes are $268,000 higher than last year. Emergancy-911 tax rates were increased to fund an expanded program, adding approximately $217,000 in revenues, and prepared food and beverage taxes have increased $239,000. Permits, Fees and Licenses are down 10.58% or $71,000. 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. Grants-in-Aid Commonwealth have increased $3,003,000 or 12.57%. Much of this is caused by the early receipt in 1996 &funding for April social services. Last year, this was received in June, but this year it was received on May 31. Public facilities sales taxes from the Hotel Roanoke and Conference Center, a new Honorable Mayor and Members of City Council July 1, 1996 Page 2 revenue source in FY96, have generated approximately $215,000 in revenues. Street Maintenance funding is up, as budgeted, adding approximately $370,000 to this category. The Jail expansion has meant increased funding fi.om the State, adding over $1.0 million, and CSA revenues have also increased, as expected, due to the corresponding expenditure increase noted in the Health and Welfare category. Grants-in-Aid Federal Government have decreased $240,000 or 88.82%. A $245,000 payment fi.om 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. Charges for Services have increased $479,000 or 21.52%. Increased Emergency Medical Service (EMS) rates to help fund program enhancements have added approximately $350,000 to this category. Sheriffs Court fees are up nearly $30,000 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 risen $33,000, and Central Services charges to Enterprise Funds are up $68,000, as budgeted. Internal Services have decreased 8.60% or $121,000. 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 to the Roanoke Regional Airport for Fire Services are higher in the current year because the May 1995 billing was made in June of last year. EXPENDITURES AND ENCUMBRANCES Expenditures and encumbrances in the General Fund have increased 8.50% or $10,803,000 since FY95. Variances in individual expenditure categories are discussed below: General Government expenditures have increased $552,000 or 6.25%. The City Treasurer has incurred greater CIS charges due to the new business license system, and personnel costs are up. The Commissioner of Revenue has also incurred greater CIS charges due to this system, and its Management Services charges have risen. Supply Management has incurred additional CIS charges due to the testing and development of the Decentralized Purchasing System that will be implemented City wide beginning in August, and it has pumhased new personal computers for its department. Risk Management has seen an increase in insurance premiums and in self-insured auto claims, and personnel services costs have risen. Personnel Management has incurred higher costs for personal services and for employee programs. The Director of Public Safety has seen a reduction in expenditures compared to FY95 when it incurred higher contractual costs while conducting a search for the Fire/EMS chief. The Office of Billings and Collections has also seen a reduction in departmental costs in FY96 due to lower CIS charges than last year when the City-wide Billing system was new. Honorable Mayor and Members of City Council July 1, 1996 Page 3 Public Safety expenditures have increased 11.09% or $3,216,000. Personal services expenditures at the Jail have increased $1,134,000 or 30% due to the 51 new employees added by its recent expansion. Fees for professional services are up approximately $400,000 due to the privatization of Jail medical services, and reimbursements are $261,000 lower through May of the current year, causing an increase in the department's total expenditures. Police and Fire expenditures have increased $428,000 and $651,000, 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. Expenditures in the Juvenile Detention Home have risen $86,000 due to increased personal services and food costs and lower reimbursements from the state and other localities through May of the current year. Public Works expenditures have risen $1,746,000 or 9.12% in FY96. Snow removal costs increased $273,000 during the severe winter of 1996. Street Paving expenditures have increased $161,000. 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. Computer equipment has been purchased, and personal services costs are up. Building Maintenance has incurred increased maintenance costs due to carpet replacement at various offices in the Municipal Building, Commonwealth Building, and Bankruptcy Court. Painfmg and remodeling of the greenhouse at Mountain View has cost over $70,000, and a new air conditioning unit for Municipal South has cost the department $113,000. The Parks Maintenance department has incurred increased expenditures in the form of personal services and maintenance costs. Fencing costs of approximately $50,000 have been incurred at Highland Park and other City parks. The department has also incurred higher expenditures for the purchase of new playground units, trash receptacles, and for general park maintenance. Health and Welfare expenditures have increased 11.35% or $1,758,000. Social Services expenditures have risen as a result of increased foster care and daycare costs. Personal services costs have also risen in the department, as they have in the Employment Services and Income Maintenance departments. Comprehensive Services Act expenditures have risen $1,203,000, or 31%, 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 $114,000, as expected based on the FY96 budgeted increase. Nondepartmental expenditures have increased $1,407,000 or 32.95%. 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, Fleet Management, Transportation and Grant Funds have also increased. The Pension Plan transfer was $350,000 last year compared to $195,000 this year. Honorable Mayor and Members of City Council July 1, 1996 Page 4 I would be pleased to answer any questions which City Council may have regarding the Monthly Financial Statements. JDG/AHA/pac Attachments Director of Finance CITY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE MAY 31, 1996 Balance July 1,1995 O~linance Number Department CMT014 Real Estate Valua~on 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 Operations CMT140 32847 CMT159 CMT162 CMT165 CMT166 CMT171 32886 CMT213 CMT217 CMT222 CMT227 CMT248 CMT260 CMT264 CMT265 CMT266 Emergency Sen/ices Snow Removal City Council City Manager Circuit Court City Council City Council Planning and Community Development Traffic Engineering Parks Maintenance Traffic Engineering Libraries Contfibu~ons - Cultural CityAflorney Director of Public Works City Council City Clerk Purpose Painting Equipment Audit of Cable Television Franchise Fees Partnership for Urban Virginia Local Match Funding Funding of General Relief Program Satellite Office at DMV Consolidated Plan Citizens Pa~cipa~on Workshop Purchase of NIGP Commodity Code Books for Departments Frequency Coordination Fee Explore Park Funding of Local Government Restructuring of Electhc Industry for Compe'~ve Opportuni~es Funding of Shelter Operations at trihe Civic Center January 7 - 10 Emergency Snow Operaltons 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 Ubraries Cycle Roanoke Valley Contribution for Tour DuPont Fees for Professional Services Rental Inspection Program Operating Costs Operating Costs $366,941 (1 ,o67) (4,ooo) (2,968) (5,ooo) (17,327) (37,500) (11,OOO) (170) (1,000) (2,155) (25,000) (3,375) (81,716) (5,00O) (2,500) (170) (5,000) (5,ooo) (35,000) (5,000) (3,137) (3,250) (1,400) (5,000) (5,000) (3,640) (5,00O) (3,5OO) Ordinanoe Number CMT306 CMT308 CMT309 DeDa~nt Communica~ons Communica~ons City Attorney Balanoe May 31, '1996 CITY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE MAY 31, 1996 (CONTINUED) Puroose Sound System for Council Chambers Sound System for Council Chambers Opers~ng Costs (4,000) (5,000) (~,000) $68,056 2 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Revenue Source General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Property Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Miscellaneous Revenue Internal Services Total Year to Data for the Period July 1- May 31 1994.-95 July 1- May 31 1995-96 Current Fiscal Year Percent of Revised Revenue Pementage Revenue Estinmta of Change Estimatas Received $58,284,557 39,359,808 674,198 820,588 987,952 23,882,319 269,627 2,227,054 202,909 1,404,530 $128,113,542 $60,001,854 42,122,266 602,873 847,453 987,992 26,885,022 30,154 2,706,262 206,068 1,283,757 $136,673,701 2.95 % $59,967,900 100.06% 7.02 % 46,139,938 91.29% (10.58) % 722,000 83.50% 3.27 % 799,700 105.97% 0.00 % 1,133,785 87.14% 12.57 % 32,668,579 82.30% (88.82) °/o 147,793 20.40% 21.52 % 3,087,523 87.65% 1.56 % 363,599 56.67% (8.60) % 1,940,519 66.16% 5.90 % $146,971,336 92.31% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Exl~enditares General Government Year to Data for the Period Current Fiscal Year Percent of July 1- May 31 July 1- May 31 Percentage Unencumbered Revised Budget 1994-96 1995-96 of Change Balance Appropriations Obligated $8,837,589 $9,389,582 6.25 % $928,579 $10,318,161 91.00% Judicial Adminisfration 3,509,551 3,602,736 Public Safety 28,994,994 32,210,761 Public Works 19,155,628 20,902,392 Health and Welfare 15,490,747 17,248,658 Parks, Recreafion and Cultural 4,642,837 4,888,921 Community Development 1,059,878 1,070,715 Transfer to Debt Sen,fcc Fund 8,079,020 7,966,377 Transfer to School Fund 33,058,909 34,946,084 Nondepartmental 4,269,408 5,676,044 Total $127,098,661 $137,902,270 2.66 o/~ 431,357 4,034,093 89.31% 11.09 % 3,646,566 35,857,327 89.83% 9.12 % 2,721,742 23,624,134 88.48% 11.35 % 1,846,972 19,095,630 90.33% 5.30 °,,6 400,408 5,289,329 92.43% 1.02 % 329,854 1,400,569 76.45% (1.39) % 374,423 8,340,800 95.51% 5.71% 3,067,979 38,014,063 91.93% 32.95 % 1,900,303 7,576,347 74.92% 8.60 % $15,648,183 $163,550,453 89.81% 3 CITY OF ROANOKE, VIRGINIA SCHOOL FUND STATEMENT OF REVENUE State Sales Tax Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Transfer from General Fund Special Purpose Grants Total Year to Date for the Period July 1-May 31 July 1-May 31 Percentage 1994-95 1995-96 of Change Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received $6,256,827 $6,093,720 24,601,155 25,620,056 1,862,517 1,948,036 2,079,259 2,380,321 33,058,908 34,946,084 9,077,264 8,859,187 (2.61)% $7,843,336 77.69% 4.14% 28,134,875 91.06% 4.59 % 2,368,034 82.26% 14.48% 2,620,887 90.82% 5.71 % 38,014,063 91.93% (2.40)% 9,284,054 N/A $76,935,930 $79,847,404 3.78 % $88,265,249 90.46% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Expenditures Instruction General Support Transportation Operation and Maintenance of Plant Food Services Facilities Other Uses of Funds Special Purpose Grants Year to Date for the Period July 1-May 31 July 1-May 31 Percentage 1994-95 1995-96 of Change $48,469,462 $51,880,177 7.04% $6,230,745 2,363,286 2,436,763 3.11% 665,673 2,331,686 2,678,643 14.88 % 365,959 Current Fiscal Year Percent of Unencumbered Revised Budget Balance Appropriations Obligated 7,677,960 7,866,331 2.45 % 1,052,662 2,871,836 3,186,592 10.96 % 158,271 3,644,349 3,095,316 (15.07) % 1,906,361 2,510,275 31.68 % 24,817 10,546,719 9,284,054 (11.97)% $58,110,922 89.28% 3,102,436 78.54% 3,044,602 87.98% 8,918,993 88.20% 3,344,863 95.27% 3,095,316 100.00% 2,535,092 99.02% 9,284,054 N/A Total $79,811,659 $82,938,151 3.92 % $8,498,127 $91,436,278 90.71% 4 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF MAY 31, 1996 Expenditures Unexpended Outstanding Unencumbered Budget To Date Balance Encumbrances Balance General Government $8,170,637 $6,250,320 $1,920,317 $487,831 $1,432,486 Judicial Administra~on 37,610 37,539 71 71 Public Safety 9,561,146 9,105,132 456,014 168,485 287,529 Education 19,859,397 9,484,487 10,374,910 8,894,134 1,480,776 Community Development 1,041,000 82,269 958,731 958,731 Recreation 472,995 200,646 272,349 259,678 12,671 Streets and Bridges 13,425,122 8,798,508 4,626,614 2,863,166 1,763,448 Sanita~on Projects 3,163,363 3,093,181 70,182 2,625 67,557 Traffic Engineering & Communications 1,475,300 1,273,090 202,210 116,285 85,925 Other Infrastructure Projects 5,996,534 3,760,161 2,236,373 218,497 2,017,876 Capital Improvement Reserve 21,304,423 21,304,423 21,304,423 Total $84,507,827 $42,085,333 $42,422,194 $13,969,432 $28,452,762 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 11 MONTHS ENDING MAY 31, 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 Opera*Jng Expenses Deprecia~don 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 $2,897,397 2,624,312 230,146 34,245 1,662,804 1,606 331,121 7,781,631 1,280,527 2,892,428 860,539 5,033,494 2,748,137 150,484 3,865 275,000 30,665 (556,233) (1,371) (97,590) $2~650,,547 1996 $2,928,046 2,567,857 237,549 24,049 1,964,107 393,394 8,115,002 1,157,787 2,661,397 731,214 4,550,3~ 3,5~,6~ 136,278 3,125 3,465 20,2~ (1,245) 161,828 $3~726~.32 6 CITY OF ROANOKE, VIRGINIA SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 11 MONTHS ENDING MAY 31, 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 $6,152,376 742,800 187,661 783,905 123,128 118,262 76,699 8,184,831 1,534,011 3,692,219 857,509 6,083,739 2,101,092 229,814 16,904 (198) 246,520 $2,347,612 1995 $6,211,456 1,272,601 287,268 1,006,304 94,237 103,254 61,888 8,037,008 1,475,383 3,613,927 874,180 5,963,490 2,073,518 65,424 15,971 (353) (10,313) 70,729 $2,144,247 CITY OF ROANOKE, VIRGINIA CiViC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 11 MONTHS ENDING MAY 31, 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 $521,828 138,828 122,733 1,935 184,339 248,733 37,127 1,255,523 1,019,457 1,026,030 __ 3~51,229 2,396,716 (1,1~1~,193) 779,636 114,896 33,890 10,734 939,156 ~$202,037~ 1995 $471,376 223,210 173,870 2,650 211,427 284,424 36,578 1,403,535 939,514 1,004,955 309,021 2,253,~490 (849,955) 31,186 11,645 6~87,027 ~2,928) 8 CITY OF ROANOKE, VIRGINIA TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE 11 MONTHS ENDING MAY 31, 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 Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenue (Expenses) Transfer from General Fund Transfer from Materials Control Interest on Investments Miscellaneous Operating Subsidy for GRTC Interest Expense Total Nonoperating Revenue (Expenses) Net Income (Loss) 1996 $269,783 292,807 152,064 377,358 189,286 111,283 1,392,581 610,249 477,138 1,087,387 305,194 897,172 43,165 11,058 4,213 (671,432) (611,847) (327,671) ($22,477) 1995 $279,874 245,372 153,136 394,659 225,775 104,554 1,403,370 531,074 477,374 1,008,448 394,922 765,316 91,208 182 4,549 (400,000) (648,838) (187,583) $207,339 9 CITY OF ROANOKE, VIRGINIA NURSING HOME FUND COMPARATIVE INCOME STATEMENT FOR THE 11 MONTHS ENDING MAY 31, 1996 Operating Revenue Pdvate Patient Fees Medicaid Patient Fees Medicaid Reimbursements Total Operating Revenue Operating Expenses PersonaJ Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenue Interest on investments Proceeds from Sale of Nursing Home Transfer from GeneraJ Fund Total Nonoperating Revenue Net Income 1996 $42,067 268,583 903,271 1,213,921 1,199,223 426,095 21,659 1,646,977 (433,056) 18,843 50,000 504,210 573,053 __ $139,997 1995 $136,267 243,173 747,328 1,126,768 1,122,620 421,599 21,604 1,565,823 (439,055) 14,089 485,750 499,839 $~60,784 10 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 11 MONTHS ENDING MAY 31, 1996 1996 1998 CONFERENCE COMMISSION(I) CENTER(2) TOTAL Operating Revenue Commission Conference Center Total Operating Revenue $ $ 1,444,013 17.~.~.,013 165,068 (3) 1,444,01~ 1,444,013 165,068 Operating Expenses Commission Conference Center Depreciation Expense 82,248 82,248 442,534 1,484,010 1,484,010 246,500 407,069 14,439 421,508 Total Operating Expenses 489,317 1,498,449 1,987,766 689,034 Operating Loss Nonoperating Revenue (Expenses) (489,317) (54,436) (543,753) (523,966) City Subsidy Virginia Tech Subsidy Proceeds from Brick Sales Interest on Investments Conference Center 175,000 175,000 276,500 175,000 175,000 276,500 1,475 1,475 60,541 7,580 7,580 13,812 (74,959) (74,959) 2,745 359,055 (74,959) 284,096 630,098 Total Nonoperating Revenue (Expenses) Net Income {Loss) Notes to Financial Statement: ($130,262) ($129,395) ($259,657) $106,132 (1) The column entitled 'Co ' ' ' ..... mmlss on represents Comm ss on activity ,n the City's financial records. (2) The column entitled "Conference Center" represents actual revenue and expenses of the Conference Center, as provided by Doubletree Management. (3) Conference Center opened in April 1995. 11 CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUNDS COMPARATIVE INCOME STATEMENT FOR THE 11 MONTHS ENDING MAY 31, 1996 TOTALS City Information Materials Management Utility Line Fleet Systems Control Services Services Management 1996 1995 Operating Revenue Charges for Services $2,392,335 $157,291 $389,479 $2,538,370 $2,681,251 $8,158,726 $8,231,501 Total Operating Revenue 2,392,335 167,291 389,479 2,638,370 2,681,251 8,168,726 8,23t,~nl Operating Expenses Personal Services 1,259,513 ~0,020 48,750 1,973,175 1,069,341 4,z1~0,79~ 4,457,050 Operating Expenses 304,487 20,140 317,555 431,151 7486,304 1,819,617 1,970,661 Depreciation 332,407 1,677 40,274 169,757 1,011,497 1,5E~,612 1,321,217 Total Operating Expenses 1,896,387 111,837 406,879 2,674,083 2,847, t42 7,836,028 7,748,928 Operating Income (Loss) 495,948 45,464 (17,100) (35,713) (166,89t) 322,698 482,573 Nonoperating Revenue {Expenses) 38,973 8,139 56,269 ,45,543 133,052 1,000,OCO 603,459 373,967 212,600 (1,489) (114,896) (48,165) (2~ 2,6oo) (275,000) 148,924 1,603,4E9 212,600 55,000 20,0(30 (1,4aa) (275,oco) (114,896) (43,165) (2~7,eeo) (91,338) Interest Revenue Transfer from General Fund Transfer from Materials Control Fund Transfer from Management Services Fund Transfer from School Board Miscellaneous Expense Transfer to Water Fund Transfer to Civic Center Fund Transfer to Transporation Fund Transfer to City Information Systems Fund Net Nonoperating Revenue (Expenses) Net Income (Loss) 1,326,573 (372,130) (46,861) (218,731) 649,002 1,337,863 4t5,811 $1,822,521 (S326,676) ($63,961) ($264,444) $483,1tl $1,660,881 $898,384 12 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED MAY 31, 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 MAY 31, 1996. FUND APRIL 30, 199~ RECEIPTS DISBURSEMENTS MAY 31, 1~96 MAY 31, ~99~ _ GENERAL ~/ATER SEWAGE CiViC CENTER TRANSPORTATION CAPITAL PROJECTS NURSING HOME CONFERENCE CENTER DEBT SERVICE CITY INFORMATION SYSTEMS MATERIALS CONTROL MANAGEMENT SERVICES UTILITY LINE SERVICES FLEET MANAGEMENT PAYROLL PENSION SCHOOL FUND FDETC GRANT TOTAL $5,980,265.27 $26,690,286.84 $12,103,674.23 $20,566,877.88 $16,317,576.34 6,604,856.66 436, 159.35 208,556.68 6,832,4~9~33 7,715,550.70 21,194,528.32 1,443,270.26 1,349.602.54 21,288,196~04 20,074,974.16 428,090.34 107,664.76 159, 102.28 376,652:82 466,534.35 74,769.04 148,620.93 97,343.26 126,O46.68 335,739.82 37,413,723.18 675,963.15 1,307,934.29 36,781,752.04 7.198.775.59 423,537.06 142,771.22 119,306.26 447002.02 360,894.01 107,880.99 225.00 9.367.35 98.738.64 1,439,086.90 8,376,426.43 31,678.00 0.00 8,408.104.43 7.942,938.21 2,097,688.81 125,282.25 37,706.00 2,185~65.06 379,040.24 (170.025.86) 154.093.56 122,146.43 (138,078.73) 154,464.16 162,923.90 41.667.04 12,000.43 192.5~0.51 229,592.75 1,304,869.14 70,034.21 71,930.51 1,302~972.84 1.423,153.86 1,298,446.51 36.249.15 44,331.36 1,290,364.30 1.561,824.61 (2,561,781.00) 11,794.528.85 14,298,678.24 (5,065,930.39) (944.455.41 318,075.51 782,647.10 818.586.32 282,136.29 418,260.38 9,522,018.60 3,630,888.63 4.131,493.42 9.021.413.81 9.315.525.62 124,752.63 117,997.46 83,492.96 159;257.13 81,771.22 301,641.67 343.497.79 350,340.75 294,798.71 371,361.36 $93,002,687.17 $46,773,525.55 $35.325,593.31 $104~450,619.41 $74,842,608.87 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 MAY 31, 1996. THAT SAID FOREGOING: CASH: CASH ON HAND CASHIN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: COMMERCIALPAPER REPURCHASE AGREEMENTS U.S. TREASURY NOTES VIRGINIA AIM PROGRAM(U.S. SECURITIES) TOTAL DATE: JUNE 14, 1996 DAVID C. ANDERSON, TREASURER 13 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 11 MONTHS ENDING MAY 31, 1996 Revenue Contributions Investment Income Gain on Sale of Investments Bond Discount Amortization Total Revenue 1996 $6,282,375 5,728,454 6,413,655 284,388 $18,708,872 1995 $5,844,503 5,396,562 7,416,629 259,068 $18,916,762 Exnenses Pension Payments Fees for Professional Services Bond Premium Amortization Administrative Expense Total Expenses Net Income $7,256,882 687,764 268,230 140,493 8,353,369 $10,355,503 $6,727,653 397,951 328,990 145,718 7,600,312 $11,316,450 14 CITY OF ROANOKE PENSION PLAN BALANCE SHEET MAY 31, 1996 Assets Cash Investments: (market value: 1996 $211,178,929 1995 $182,759,757) Due from Other Funds Other Assets Total Assets Liabilities and Fund Balance Liabilities: Due to Other Funds Total Liabilities Fund Balance: Fund Balance, July 1 Net Income - Year to Date Total Fund Balance Total Liabilities and Fund Balance 1996 $277,682 169,661,255 365 18,000 $169~957,302 $673,596 673,596 158,928,203 10,355,503 169,283,706 $169,957,302 1995 $418,217 156,618,379 2,445 18,000 $157,057,041 $623,161 623,161 145,117,430 11,316,450 156,433,880 $157,057,041 16 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 DepuVy City Clerk July 8, 1996 File ~27-468 Vernon D. Lucy, Ill Infilco Degremont, Inc. P. O. Box 71390 Richmond, Virginia 23255-1390 Finn M. Nielsen Krueger, Inc. 401 Harrison Oaks Boulevard Suite 100 Cary, North Carolina 27513 Gentlemen: I am enclosing copy of Resolution No. 33028-070196 rejecting all bids for the Biological Aerated Filter Treatment System for expansion and upgrade of the Water Pollution Control Plant Project. Resolution No. 33028-070196 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. Vernon D. Lucy, III, Infilco Degramont, Inc. Finn M. Nielsen, Krueger, Inc. July 8, 1996 Page 2 pc: Randolph M. Smith, City Manager, City of Salem, P. O. Box 869, Salem, Virginia 24153 B. Clayton Goodman, III, Town Manager, Town of Vinton, P. O. Box 338, Vinton, Virginia 24179 Elmer C. Hodge, County Administrator, County of Roanoke, P. O. Box 29800, Roanoke, Virginia 24018-0798 Gerald A. Burgess, III, County Administrator, County of Botetourt, P. O. Box 279, Fincastle, Virginia 24090 IN THECOUNCILOF THE CITY OF ROANOKE, VIRGINIA, The 1st day of July, 1996. No. 33028-070196. A RESOLUTION rejecting all bids for the Biological Aerated Filter Treatment System for the expansion and upgrade of the Water Pollution Control Plant Project. BE IT RESOLVED by the Council of the City of Roanoke that: 1. All bids received by the City for the Biological Aerated Filter Treatment System for the expansion and upgrade of the Water Pollution Control Plant Project, are hereby REJECTED. 2. The City Clerk is directed to notify all bidders and to express to each the City's appreciation for said bids. 3. The City Manager is authorized to make any changes in the scope of the project or the procurement documents deemed advisable and to cause the revised project to be readvertised for bids. ATTEST: City Clerk. July 1, 1996 Council Report No. 96-153 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: BID COMMITTEE REPORT BIOLOGICAL AERATED FILTER CBAF) TREATMENT SYSTEM WATER POLLUTION CONTROL PLANT EXPANSION AND UPGRADE PROJECT I concur with the Bid Committee recommendation relative to the above project and recommend it to you for appropriate action. Respectfully submitted, City Manager WRH/LBC/kh Attachment: Bid Committee Report CC: City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Office of Supply Management Commissioner of Revenue City Manager, City of Salem Town Manager, Town of Vinton County Administrator, County of Roanoke County Administrator, Botetourt County July 1, 1996 Council Report No. 96-153 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT BIOLOGICAL AERATED FILTER (BAF) TREATMENT SYSTEM WATER POLLUTION CONTROL PLANT EXPANSION AND UPGRADE PROJECT Back_qround on the subject in chronological order is as follows: The City's Consultinq Engineer, Malcolm Pirnie, Inc., advised the Citv that although there were two potential suppliers that had similar BAF Treatment Systems, the systems were not compatible. In order to avoid having to provide two sets of plans and drawings for the upgrade for the project, a selection of the key provider had to be made for the plans to be finalized so that Malcolm Pirnie could put out the bids to the general contractors. In light of that requirement, the City determined that it would advertise bids for a BAF Treatment System that could then be assigned to the general contractor for the job after the key supplier had been selected. Bids were reiected by Council on May 6, 1996. After proper advertisement, bids were received for the second time on June 4, 1996, by D. Darwin Roupe, Manager, Office of Supply Management, for the BAF Treatment System for the expansion and upgrade at the Water Pollution Control Plant. IF. Current situation is as follows: The following bids were received from the two bidders, Infilco Degremont, Inc., and Krue.qer, Inc.: ' Bidder/System InfiJco Degremont, Inc. - Single Stage System Infilco Degremont, Inc. - Two Stage System Krueger, Inc. - Single Stage System Krueger, Inc. - Two Stage System Total Bid for Evaluations 911,029,580 6,630,062 5,605,730 13,542,753 Total Base Bid 98,612,380 5,204,462 4,O86,93O 11,122,753 Both firms had exceptions to their bid,-, that were significant to the plant operation in the opinion of the City's consulting engineer. After a meeting between City representativec, it is recommended that the City reject all bids for the second time and that the procurement documents be modified to clarify the specified requirements and that the project be readvertised for bids. Honorable Mayor and Members of City Council BID COMMITTEE REPORT BIOLOGICAL AERATED FILTER (BAF) TREATMENT SYSTEM WATER POLLUTION CONTROL PLANT EXPANSION AND UPGRADE PROJECT July 1, 1996 Page 2 Ill. Issues in order of importance are as follows: B. C. D. Compliance of the bidders with the requirements of the contract document~ Amount of the bid Fundin.q Time IV. Alternatives in order of feasibility are as follows: Accept the recommendation of the City's Consult nR En.q neer and Citv representatives to reject all bids, modify the procurement documents to furthe, clarify the specified requirements, and readvertise the proiect for bid;;. Compliance of the bidders with the requirements of the contracl documents would no longer be an issue. Amount of the bids could be different when new bids are received. Fundin.q of the expansion of the Water Pollution Control Plant will be in accordance with the November 1, 1994, agreement as signed by the participating parties. Time of the award of the BAF contract agreement would be delayed approximately four (4) weeks for readvertisement, which is acceptable. The production of shop drawings for this portion of the work, to permit our consultant to use the shop drawings to complete the contract documents for bidding by general contractors since the BAF system is part of the plant expansion, needs to be completed as soon as possible. Award a lump sum contract to Krueger, Inc., for the base bid amount of $4,086,930for the Krueger Single Stage System. Compliance of the bidders with the requirements of the contrac[ documents would be argued as being questionable. The exceptions taken by Krueger, Inc. were significant as to the plant operation. Amount of the bid by Krueger, Inc. is within the budget for this project. Honorable Mayor and Members of City Council BID COMMITTEE REPORT BIOLOGICAL AERATED FILTER (BAF) TREATMENT SYSTEM WATER POLLUTION CONTROL PLANT EXPANSION AND UPGRADE PROJECT July 1, 1996 Page 3 Fundinq would be encumbered in accordance with the November 1, 1994 agreement. .Time of completion would not be delayed. .Recommendation is as follows: City Council concur in "Alternative A" and take the following actions: A. .Authorize the City Mana,qer to reject all bid~, The reason for rejection is the unique nature of the BAF system technology and to allow the procurement document specifications to be modified to further clarify the specified requirements for the system so that all potential bidders would have the opportunity to bid on the system requirements. ].nstruct Malcolm-Pirnie to revise the contract document:; and readvertise the project as soon as possible. Specify the maximum Ioadin,q per square foot permitted on the BAF system. ~ermit a reasonable variation in the size of the BAF system footprint at the site. ~larify the exceptions taken by both bidders in the last bid submittal, Readvertise the project as soon as possible after this report has been approved. LBC/kh Attachment: Tabulation of Bids Honorable Mayor and Members of City Council BID COMMITTEE REPORT BIOLOGICAL AERATED FILTER (BAF) TREATMENT SYSTEM WATER POLLUTION CONTROL PLANT E~XPANSlON AND UPGRADE PROJECT July 1, 1996 Page 4 CC: City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Office of Supply Management Commissioner of Revenue City Manager, City of Salem Town Manager, Town of Vinton County Administrator, County of Roanoke County Administrator, Botetourt County 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 July 8, 1996 File #111-188-209-373-,468 Robert D. Smith, President Quantum Medical Business Service, Inc. 2840 Electric Road, S. W. Roanoke, Virginia 24018 Dear Mr. Smith: I am enclosing copy of Ordinance No. 33030-4370196 authorizing the appropriate City officials to enter into an amendment to the lease agreement between the City and Quantum Medical Business Services, Inc~, to provide for extension of the term of the lease for office space used by the billing clerk handling City accounts to October 31, 1996, as more particularly set forth in a report of the Water Resources Committee under date of July 1, 1996. Ordinance No. 33030-070196 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, The 1st day of July, 1996. No. 33030-070196. VIRGINIA, AN ORDINANCE authorizing the appropriate City officials to enter into an amendment to the lease agreement between the City and Quantum Medical Business Services, Inc., for certain furnished office space located in the Municipal South Building at 215 Church Avenue, S.W., upon certain terms and conditions, and providing for an emergency. BE follows: 1. IT ORDAINED by the Council of the City of Roanoke as The City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, in form approved by the City Attorney, an amendment to the lease agreement dated July 13, 1995, with Quantum Medical Business Services, Inc., to provide for the extension of the term of the lease for the office space used by the billing clerk handling City accounts to October 31, 1996, as set forth in the Water Resources Committee report to this Council dated July 1, 1996. 2. In order to provide for the usual daily operation of the municipal government, ordinance shall be in an emergency is deemed to exist, and full force and effect upon its passage. ATTEST: this City Clerk. July 1, 1996 Report No. 96-333 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Amendment to Lease with Quantum Medical Business Services, Inc. The attached staff report was considered by the Water Resources Committee at its regular meeting on June 17, 1996. The Committee recommends that Council authorize the execution of an amendment extending the term of the lease with Quantum Medical Business Building, report. Services, Inc. for use of City property in the Municipal in accordance with conditions stated in the attached Respectfully submitted Eli: eth T. Bowles, Chairperson Water Resources Committee ETB:KBK:afm Attachments cc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations D. D. Daniels, Assistant to City Manager for Community Relations Charles M. Huffine, City Engineer Diane S. Akers, Budget Administrator Wanda B. Reed, Manager, Emergency Services Patrick Leach, Lease Administrator, Billings & Collections Report No. 96-333 CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: June 17, 1996 Membersj Water Resources Committee · ,,~er, [~lrector, Utilities and Operations thru W. Robert HerbL~~ Manager Amendment to Lease with Quantum Medical Business Services, Inc. Back rog_Eq.g.Q~ in chronological order is as follows: _The City of Roanoke Office of Emerqency Medical Services (EMS) contracts for billing and collection services relating to EMS ambulance transports. Current aqreement with Quantum Medical Business Services, inc. to provide these services was authorized by Ord. No. 31754-102593, and will expire October 31, 1996. _L. ease Agreement with the Quantum Medical Business Services, Inc. for use of City property in the Municipal Building was authorized by Ord. No. 32552-071095. This lease provides space for the billing clerk handling City accounts, and will expire July 31, 1996 II. Current Situation is as follows: Lessee Aqreement for space for billinq clerk will expire three months before Agreement for billing services expires. Lease needs to be amended so that it expires at the same time the Agreement for services expires. June 17, 1996 Quantum Medical Business Services Lease Amendment Page 2 Ill. Issues in order of importance are: A. Need B. Timing C. Revenue IV. Alternatives in order of feasibility are.' Ao Bo Committee recommends that City Council authorize execution of an amendment extending the term of the lease with Quantum Medical Business Services, Inc. for use of City property in the Municipal Building. Amendment will extend the term of the lease to October 31, 1996, and be in a form approved by the City Attorney. AFl other terms of the existing lease will remain in effect. Need of Quantum Medical Business Services, Inc. for use of City property is met. 2. :rim ng to provide extension of lease prior to expiration of current term is met. Revenue will be $225.00 for the three month term of the extension. Committee does not recommend that City Council authorize executio,~ of an amendment extending the term of the lease with Quantum Medical Business Services, Inc. for use of City property in the Municipal Building. Amendment will extend the term of the Pease to October 31, 1996, and be in a form approved by the City Attorney. All other terms of the existing lease will remain in effect. 1. Need of Quantum Medical Business Services, Inc. for use of City property is not met. o Timing to provide extension of lease prior to expiration of current term is not met. 3. Revenue will be zero. June 17, 1996 Quantum Medical Business Services Lease Amendment Page 3 Committee's recommendation is that City Council authorize execution of an amendment extending th~ term of the lease with Quantum Medical Business Services, Inc., for use of City property in the Municipal Building, in accordance with Alternative "A". WRH/KBK/SEF/ CC: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations City Engineer Budget Administrator Manager, Emergency Services/EMS Lease Administrator, Billings and Collections IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of July, 1996. No. 33032-070196. AN ORDINANCE providing for the acquisition of property rights needed by the City for the construction of the Snead Road and Ray Road Waterline Project; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the construction of the Snead Road and Ray Road Waterline Project, the City wants and needs certain permanent easements, and'rights of ingress and egress, as more specifically set forth in the report and Attachment "A" thereto, to this Council dated July 1, 1996, on file in the Office of the City Clerk. The proper City officials are authorized to acquire for the City from the respective owners the necessary permanent easements, and appropriate ancillary rights with respect to the parcels, for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to applicable statutory guidelines. All requisite documents shall be upon form approved by the City Attorney. 2. The City Manager is directed to offer on behalf of the City to the owners of each of the aforesaid parcels, such consider- ation as he deems appropriate for the necessary interests, provided, however, the total consideration offered or expended shall not exceed $1,000.00 without further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the respective consideration to the owners of the interest conveyed, certified by the City Attorney to be entitled to the same. 3. Should the City be unable to agree with the owner of any real estate over which an easement is required or should any owner be a person under a disability and lacking capacity to convey real estate or should the whereabouts of the owner be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate property rights. 4. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for entry of an order, pursuant to S25-46.8, Code of Virginia (1950), as amended, granting to the City a right of entry for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to drawn and pay into court the sums offered to the respective owners. 5. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. ZM THE COUNCIL OF THE CXTY OF ROANOKE, VZRGZNZA The 1st day of July, 1996. No. 33031-070196. AN ORDINANCE to amend and reordain certain sections of the 1995-96 Water Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency exist. THEREFORE, BE IT ORDAINED by the Council of Roanoke that certain sections of the 1995-96 Appropriations, be, and the same are hereby, to read as follows, in part: is declared to the City of Water Fund amended and reordained Capital Outlay $ 24,962,473 Snead Road and Ray Road Waterline (1) ............. 1,000 ~ained Rarninos Retained Earnings - Unrestricted (2) .............. 1) Appropriated from General Revenue 2) Retained Earnings - Unrestricted (002-056-8350-9003) $ 1,000 (002-3336) (1,000) 25,777,251 BE IT IPI~THER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. July 1, 1996 Report No. 96-334 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Utility Easement for Snead Road and Ray Road Waterline Project The attached staff report was considered by the Water Resources Committee at its regular meeting on June 17, 1996. The Committee recommends that Council take the following action in accordance with conditions stated in the attached report: Authorize the acquisition of permanent utility easements, as required, across properties identified the attached report by making offers based on City records, or individual appraisals, and institute condemnation as necessary for the Snead Road and Ray Road Waterline Project. in Transfer $1,000 from the Water Fund Retained Earnings account to a new Water Fund account to be established by the Director of Finance entitled "Snead Road and Ray Road Waterline Project". Respectfully submitted, Elizabeth T. Bowles, Chairperson Water Resources Committee ETB:KBK:afm Attachments cc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations D. D. Daniels, Assistant to City Manager for Community Relations Charles M. Huffine, City Engineer Ellen Evans, Construction Cost Technician Rosemary Trussell, Accountant, Contracts & Fixed Assets Diane S. Akers, Budget Administrator D. D. Roupe, Manager, Office of Supply Management The Honorable Marsha Fielder, Commissioner of the Revenue Report No. 96-334 CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: THRU: SUBJECT: June 17, 1996 Member/ts, Water Resources Committee , ~. isl~er, Director,~ Utilities and Operations W. Robert HerbeX, City Manager UTILITY EASEMENT FOR SNEAD ROAD AND RAY ROAD WATERLINE PROJECT Background on the subject in chronological order is as follows: A. Some areas of the Garden City neighborhood occasionally experience Iow water pressure. B. The Water Department proposes to interconnect existing water mains in Snead Road and Ray Road to improve the water system operating pressures. II. Current situation is as follows: Property rights to be acquired are two (2) permanent 15 foot utility easements on the Snead Road and Ray Road Waterline Project. Value of land rights is to be determined by City records and/or individual appraisals. Authorization is needed to begin title work, appraisals, negotiations, and closings for acquisition of property rights. All property rights will be acquired by negotiation where possible. It may be necessary to condemn property interest where agreement cannot be reached by negotiation or where landowners are unknown. III. Issues in order of importance are as follows: A. Need B. Timing Members, Water Resources Committee UTILITY EASEMENT FOR SNEAD ROAD AND RAY ROAD WATERLINE PROJECT June 17, 1996 Page 2 C. Estimated cost D. Fundinq IV. Alternatives in order of feasibility are as follows: A. Committee recommends that City Council authorize the acquisition of all property ri.qhts needed in connection with the waterline project. Said property rights will be permanent utility easements across properties identified in Attachment A. 1. Need for property rights acquisition has been established by the design of the waterline project for Snead Road and Ray Road. 2. Timin.q of property rights acquisition is critical to avoid delay of project schedules. 3. Estimated cost to acquire the necessary property rights is ~ 1,000. 4. Funding is available in the Water Fund Prior Year Retained Earnings account. B. Committee does not recommend that City Council authorize the acquisition of property rights. Need for property rights acquisition established by the design of the waterline project for Snead Road and Ray Road would not be met. Timin.q would cause delay of project if property rights are not acquired. Estimated cost is not an issue. Funding is not an issue. Committee's recommendation is City Council concur in Alternative "A" above and take the following actions: A. Authorize the acquisition of permanent utility easements, as required, across properties identified in Attachment A by making offers based on City records, Members, Water Resources Committee UTILITY EASEMENT FOR SNEAD ROAD AND RAY ROAD WATERLINE PROJECT June 17, 1996 Page 3 or individual appraisals, and institute condemnation as necessary for the Snead Road and Ray Road Waterline Project. Transfer $1,000 from the Water Fund Retained Earnings account to a new Water Fund account to be established by the Director of Finance entitled "Snead Road and Ray Road Waterline Project." WRH/KBK/JMB/kh Attachments CC: City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Office of Supply Management Commissioner of Revenue ATTACHMENT A Property Owner Joe S, and Corinth S, Treadway James B. Dyer Gerald R, and Barbara H. Sullivan Tax Map No. 4290103 4290109 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 July 8, 1996 File ~r27-58-65-166-223-330 Jeanne Sanborn, Agent Real Estate and Contract Services Norfolk Southern Corporation 110 Franklin Road, S. E. Roanoke, Virginia 24042-0059 Dear Ms. Sanborn: I am enclosing copy of Ordinance No. 33033-070196 authorizing the proper City officials to enter into an agreement, on behalf of the City, with the Norfolk and Western Railway Co., in the amount of S200.00, to allow the City to remove, replace, install, maintain, and operate a sanitary sewer pipeline across property owned by the railroad. Ordinance No. 33033-070196 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 1, 1996. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Eno. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of July, 1996. No. 33033-070196. AN ORDINANCE authorizing the proper City officials to enter into an agreement, on behalf of the City, with the Norfolk and Western Railway Company to allow the City to remove, replace, install, maintain, and operate a sanitary sewer pipeline across property owned by the railroad; and providing for an emergency. BE follows: 1. IT ORDAINED by the Council of the City of Roanoke as The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, on behalf of the City, and attest, respectively, with Norfolk and Western remove, install, maintain, to execute an agreement in the amount of $200.00 Railway Company to allow the City to and operate a sanitary sewer pipeline across property owned by the railroad. Such agreement may provide for indemnification by the City and shall contain any other reasonable terms and conditions deemed necessary and appropriate by the City Manager, as more particularly set forth in the report of the Water Resources Committee dated July 1, 1996. The form of the agreement shall be approved by the City Attorney. 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. July 1, 1996 Report No. 96-335 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Tinker Creek Interceptor Sewer System The attached staff report was considered by the Water Resources Committee at its regular meeting on June 17, 1996. The Committee recommends that Council authorize the City Manager to execute the necessary agreement with Norfolk and Western Railway, in a form approved by the City Attorney, to construct, remove, replace and maintain the sanitary sewer pipeline located on railroad property and to indemnify the railroad of liability related to such construction, removal, replacement, and maintenance, in accordance with conditions stated in the attached report. ETB:KBK:afm Attachments cc: Respectfully submitted, Eli ~th T. Bowles, Chairperson Water Resources Committee W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations D. D. Daniels, Assistant to City Manager for Community Relations Charles M. Huffine, City Engineer Diane S. Akers, Budget Administrator Report No. 96-335 CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: THRU: SUBJECT: June 17, 1996 embers, jNater Resources Committee ~ii~e/r,~,rector t,h es and Operat,ons W. Robert Herbe~it-~ Manager TINKER CREEK INTERCEPTOR SEWER SYSTEM Background on the subject in chronological order is as follows: Tinker Creek Interceptor Sewer Proiect consists of replacing the existing 36" sewer line with a 48" sewer line from Orange Avenue to Glade Creek and replacing the existing 42" sewer line with a 54" sewer line from Glade Creek to the Water Pollution Control Plant. II. Current situation is as follows: Proiect will follow Norfolk and Western Railway property on the opposite side of the Roanoke River from the Water Pollution Control Plant. An aqreement is required with Norfolk and Western Railway to allow the City to construct, remove, replace, and maintain the sanitary sewer pipeline across property owned by the railroad. In order to allow the City to do this work, the railroad requires the City to indemnify the railroad. III. Issues in order of importance are as follows: A. Cost B. Fundin.q C. Proiect schedule IV. Alternatives in order of feasibility are as follows: Authorize the City Manager to execute an a.qreement with Norfolk and Western Railway, in a form approved by the City Attorney, to construct, remove, replace, and maintain the sanitary sewer pipeline located on railroad property and to indemnify the railroad of liability related to such construction, removal, replacement, and maintenance. Members, Water Resources Committee TINKER CREEK INTERCEPTOR SEWER SYSTEM June 17, 1996 Page 2 Cost of agreement with Norfolk and Western Railway is a lump sum payment of $200. Fundinq is available in the Tinker Creek Interceptor Sewer account number 003-056-8468-9001. Project schedule requires the agreement be executed prior to the bid advertisement. Do not authorize the City Manaqer to execute an agreement with Norfolk and Western Railway. 1. Cost of railway agreement would not be an issue. Funding would remain in the Tinker Creek Interceptor Sewer account number 003-056-8468-9001. 3. Proiect schedule will be delayed. Committee's recommendation is that City Council concur in Alternative "A" and authorize the City Manager to execute the necessary agreement with Norfolk and Western Railway· WRH/KBK/JMB/kh Attachments CC: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Budget Administrator THIS AGREEMENT, made and entered into by and between NORFOLK AND WESTERN RAILWAY COMPANY, a Virginia corporation, hereinafter styled "Railway"; and CITY OF ROANOKE, VIRGINIA, an instrumentality of government created pursuant to the laws of the Commonwealth of Virginia, hereinafter styled "Licensee" WITNESSETH: THAT thc PARTIES HERETO agree as follows: 1. THAT, for and in consideration of thc premises, payment of a lump sum non-assignable non-refundable fcc of TWO HUNDRED AND 00/100 DOLLARS ($200.00), payable in advance during the continuance of this Agreement, Railway hereby grants unto Licensee, insofar as Railway's tide enables it so to do and without warranty, thc right to constxuct, maintain, use and remove a temporary private road crossing, hereina~.cr called "Crossing," upon and across, at grade, thc right of way or property and track (wbethcr more than one track) of Railway, located at l~lepost t/-240 plus 1,977feet, at or near ROANOKE, Roanoke (city) County, Virginia, located substantially as shown upon print of Drawing marked Exhibit A, dated April 22, 1996, attached bercto and made a part bereof. 2. Licensee will, at thc cxpcnse of Licenscc, lay out, construct, maintain and removc thc Crossing including necessary drainage in all respects in accordance with thc requh'cmants of Railway looking to thc safe and convenient operation and maintcnance of its line of railway. Thc work of laying out, constructing, maintaining and removing thc Crossing and drainage shall at all times be subject to thc inspection, supervision and approval of the Superintendent of Railway or his duly anthorized representative, and Licensee shall not usc or permit thc use of the Crossing until t'mai approval by said Superintendent has been obtained. Licensee will, at Liceusee's expense, keep the flangcways and the tops of thc rails in said track of Railway clean at all times. 3. Whenever thc Crossing is in use, thc same shall bc protected by a flagman or watchman to be furnished by Railway for thc benefit of Licensee; it being agreed that Licensee shall give Railway's Superintendent at least 72 hours' advance notice of Licensee's intention to usc thc Crossing, and that the same shall not be used unless so protected. Said flagman or watchman will be acting for the exclusive bcncfit of Liccnsee, and as between the parties hcreto, such flagman or watchman shall be the agcnt or employee of Lice ~ and not of Railway. Licensee agrees to hold Railway harmless from any loss, damage, or liability (whether or not judicially dctermincd) arising from any negligence on the part of such flagman or watchman, regardless of wbether negligence on thc part of Railway, independent of any ncgligence on tho part of such flagman or watchman, may have contributed to such loss, damage or liability. Licensee will pay to Railway, promptly upon bill rendered by Railway therefor, the cost incurred by Railway in furnishing said flagman or watchman servicc; all bills so rendered to be computed on Railway's usual basis for billing individuals and corporations. 4. No person other than Licensee, its agents or employees, shall be permitted to use thc Crossing. Licensee hereby agrees that the Crossing shall be a private crossing only for the use and convenience of Licensee, its agents or employees, and shall not be, or be permitted to become, a highway for the use of the public. To the end of preventing the use of the Crossing by the public, Licensee will, at its expense, construct and maintain, at a point to be designated by the Superintendent of Railway, or his duly authorized representative, a signboard clearly indicating that the Crossing is for the private purposes of Licensee. In addition, Licensee will, at its expense, construct and maintain gates or barricades at such points as may be designated by said Superintendent. Said gates or barricades shall be locked at all times when the Crossing is not in use. Licensee will furnish Railway one set of keys to said gates or barricades. 5. In each instance when a vehicle approaches the Crossing, it shall stop and shall not proceed over said track of Railway until the dtiver has ascertained that no train or other rail equipment of Railway is approaching the Crossing. To that end, Licensee will, at Licensee's expense, provide for the installation and maintenance of such information, caution, traffic signs and barricades, including automatic warning devices, deemed necessary by Railway or required by any authorized public authority. At Railway's option, such protective devices may be installed and maintained by Railway at the expense of Licensee. Railway's failure to require protective signs, barricades or automatic warning devices shall not affect Licensee's liability under the terms of this Agreement. 6. Licensee accepts the privilege hereby granted with full cognizance of the risk of loss of life, personal injury and property loss or damage that may be caused by railway operations at or in the vicinity of the Crossing and by the construction, maintenance, use or removal of the Crossing by the Licensee or others. Thc Licensee is willing to assumc this risk and covenants that thc privilegc hereby granted shall bc used and enjoyed at thc sole risk of thc Licensee, and that Railway shall not have any responsibility whatever for any such loss, injury or damage. To that end, Liccnsce hereby agrees to indemnify and save harmless Railway, its officers, agents and employecs, from and against all liability, claims, loss, damagc, cxpcnsc (including attorncys' fces) or costs for personal injuries (including dcath) and/or property damage to whomsoever or whatsocver, occurring or arising in any manner fi.om railway operations at or in the vicinity of thc Crossing and by thc construction, maintenance, usc or removal of the Crossing by thc Licenscc or others. The indemnity obligations imposed upon the Liccnscc by this paragraph shall be absolute and shall not be affccted by the negligence, either primary or contributory, of the Railway or its officers, agcnts and employees. 7. In order to contribute toward the safety of train and motor vehicle operations at the Crossing, Licensee will, at all times during the life of this Agreement, keep the vegetation on its property cut in such manner and to such extent as is necessa~ to permit a person approaching the Crossing from either direction to see approaching trains before such person reaches a position of danger on or near the Crossing. Licensee also will prevent the erection on its premises of any structures that would interfere with the view of approaching trains or other rail equipment operating on said track. 8. (a~~ Prior to entrY on Railway's property or use of thc Crossing, Liceusce shall procure and maintain during the life of this Agreement a policy of general liability insurance, containing contractual liability coverage, with a combined single limit of not less than $2,000,000 each occurrence. Said !nsurance shall be ofsoch form and content as may be acceptable to Railway. As evidence of said insurance, a ceta. ificate of insurance shall be furnished to and approved by the Risk Manager, Norfolk Southern Corporation, Three Commercial Place, Norfolk, Virginia 23510-219 i, prior to entry on Railway's property or use of the Crossing. -2- (b) The insurance required herein shall not limit the liability assumed by the Licensee under this Agreement. 9. Licensee shall not assign this Agreement without the written consent of Railway. 10. The word "Railway" as used herein shall include any other company whose property at the aforesaid location may be leased or operated by Railway. Said term also shall include Rallway's officers, agents and employees, and any parent company, subsidiary or affiliate of Railway and their officers, agents and employees. 11. Either party hereto may terminate this Agreement at any time herealter by serving upon the other thirty (30) days' written notice of election so to do; however, in any event, this Agreement shall automatically terminate December 31, 1997. If Licensee shall violate any of its covenants herein, Railway may terminate this Agreement forthwith by written notice to Licensee of its election so to do. At or before the expiration of the time limited by any notice to Licensee of Railway's election to terminate this Agreement, Licensee will discontinue use of the Crossing and will restore said fight of way or property to the condition existing prior to the construction of the Crossing thereupon; or, in default thereof, in addition to any other legal remedy it may have, Railway may close the Crossing and restore the condition of said right of way or property at the sole cost and expense of Licensee. 12. This Agreement shall take effect as of the day of IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate, each part being an original, as of the day of ,19__. Witness NORFOLK AND WESTERN RAILWAY COMPANY, As to Company Witness: Real Estate Manager CITY OF ROANOKE, VIRGINIA, As to Licensee MAL: 4/22/96 1007832.wpd xetemp2.wpd Title: Appropriation and Funds Required for this Contract Certified _ ~rector of Fi:,_. ;2 -3- SANITARY SE~ER (TO BE REPLACED) MAINLINE TRACX EXST GRAVEL '",',,, RAILROAD " ACCESS ' ' -IEUPORARY OR, CRO~NG U.P.~240 + 1~ 18' W~DTH 54' S~IT~Y 205,3+04, ld.P. v 240 + PR(X~SED 54' SANITARY $L~ER IS INCUJO~ IN APPLICATION FOR PIPELINE AGREE]dENT DATED DECEMBER 15, 1995. PLAN ~AL~ 1' ~m 200° S~HON C:R0~SINO THRI~ BARREL ~0'-24'-42' (LOOK[NO OOm$11~EAU) TO HEAD OF WA~:R POLLUT~ON CONTROL PLANT Prepored b~: Hayes, aeay,, Uottern md Uottern, Inc. Architects - Engineers - Planners Roonoke, Virginio A~E Comm. No. 7211 Dec, 1995 EXHIBITA 0 200' 4. I' = 200' , NORFOLK ~ V~.~mm~'N RA~..WAY OOMPANY OPERAHNG COMPANY 0FFI'C[ OF C~IE~ ~GIHF. E~I~ - Oe~I(~l & A'R.ANTA, GA Gty of Roanake, Vmrqirtia Tem~atary O'ade Oros~n · U.p. V240 + 1977' 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 July 8, 1996 File #117-166-330-458 John B. Williamson, IIII, Vice-President Rates and Finance Roanoke Gas Co. P. O. Box 13007 Roanoke, Virginia 24030 Dear Mr. Williemson: I am enclosing copy of Ordinance No. 33007-070196 accepting the bid of Roanoke Gas Co., for a franchise to construct end maintain a natural gas distribution system in the City, upon certain terms and conditions, for a twenty-year term and authorizing execution of · Gas Franchise Agreement. I am also enclosing copy of Ordinance No. 33008-070196 providing for one or more non. exclusive franchises to conatruct, reconstruct, operate, maintain, repair and extend a Gas Distribution System within the City of Roanoke, Virginia. Also enclosed is copy of Ordinance No. 33009-070196 accepting the bid of Roanoke (}aa Co., for the dght to construct, operate and maintain a gas tmnamiseion pipeline for · term of twenty years within a certain fight-of-way approximately 14,129 feet in length on City-owned property known as the Carvina Cove Reservoir property in Botatourt County, Virginia, and Roanoke County, Virginia, retroactive to January 1, 1996. Ordinance Nos. 33007-070196, 33008-070196, and 33009-070196 were adopted by the Council of the City of Roanoke on first reading on Monday, June 17, 1996, also adopted by the Council on second reading on Monday, July 1, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eno. IN THE COUNCIL OF THE CITY OF ROANOKE, The 1st day of July, 1996. No. 33009-070196. VIRGINIA, AN ORDINANCE accepting a bid for the right to construct, operate and maintain a gas transmission pipeline on certain property of the City and authorizing the execution of a Gas Pipeline Agreement for a twenty year term. WHEREAS, by public notice published in The Roanoke Times pursuant to §§15.1-308 and 15.1-309, Code of Virginia (1950), as amended, the City Council has invited bids for the right to use certain property of the City for the construction, operation and maintenance of a gas transmission pipeline for a term of twenty years; WHEREAS, the written bid of Roanoke Gas Company was delivered to the presiding officer of City Council in open session of the Council at 2:00 p.m. on June 17, 1996; WHEREAS, such bid was referred to a Bid Committee appointed by the Mayor, and the Bid Committee reported to the Council recommending that the bid of Roanoke Gas Company be accepted; and WHEREAS, Roanoke Gas Company has agreed to enter into the Gas Pipeline Agreement with the City on file in the Office of the City Clerk; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Roanoke Gas Company for the right to construct, operate and maintain a gas transmission pipeline for a term of twenty years within a certain right-of-way approximately 14,129 feet in length on City-owned property known as the Carvins Cove Reservoir property in Botetourt County, Virginia, and Roanoke County, Virginia, such bid being on file in the Office of the City Clerk, is hereby ACCEPTED. 2. The Mayor and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a Gas Pipeline Agreement, retroactive to January 1, 1996, a copy of which is on file in the Office of the City Clerk, and such agreement shall be in such form as is approved by the City Attorney. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of July, 1996. No. 33008-070196. AN ORDINANCE providing for one or more non-exclusive franchises to construct, reconstruct, operate, maintain, repair and extend a Gas Distribution System within the City of Roanoke, Virginia. BE IT ORDAINED by the Council of the City of Roanoke as follows: SECTION 1. DEFINITIONS. For the purposes of this Ordinance, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. mandatory, not merely directive or indicative. permissive and indicative and not mandatory. a. "City" shall mean the City of Roanoke, Virginia. b. "City Manager" shall mean the person appointed City Manager by Roanoke City Council pursuant to the Roanoke City Charter or the City Manager's designee. In the absence of the City Manager, the The words "shall" and "will" are always The word "may" is eo term shall include a duly authorized Acting City Manager. "Franchise" shall mean the formal agreement which authorizes the specific Grantee to construct, reconstruct, operate, maintain, repair and extend a Gas Distribution System in the area defined by, and pursuant to the Ordinance. "Franchise Fee" terms and conditions of, this shall mean the fee paid by the Grantee to the City in consideration of the use of its Streets and administration of this Ordinance and the Franchise. "Gas Distribution System" or "System" shall mean the complete system in a physical sense including gas distribution lines, pipes, manholes and all other actual appliances and appurtenances necessary and incidental to the usual operation and maintenance of a gas works, or any portion of the System, in the Streets within the Territorial Limits of the City. "Grantee" shall mean the Person granted a Franchise pursuant to the Franchise Agreement and this Ordinance and Grantee's agents, servants, employees, contractors, subcontractors and any other person or entity authorized by the Grantee to act on its behalf. "Ordinance" shall mean this Franchise Ordinance. 2 ko "Person" shall mean any person, firm, partnership, association, corporation, company, organization or other entity. "Street" shall mean the surface of and the space above and below any public street, road, highway, avenue, sidewalk, way, bridge, viaduct, alley or other public right-of-way, including non-paved surfaces, now or hereafter held by the City for the purpose of public travel, communications, alarm, street lighting, power distribution or similar public use. "Territorial Limits" shall mean the corporate limits of the City as such corporate limits now exist or may hereafter be extended or otherwise altered. "Work" shall mean Grantee's use of the Streets of the City; the acquisition, construction, reconstruction, erection, installation, operation, maintenance, repair or extension of Grantee's Gas Distribution System; and the exercise of any right or privilege granted by or under this Ordinance or any Franchise. SECTION 2. GRANT OF AUTHORITY. The Franchise granted by the City and accepted by Grantee pursuant to the Franchise Agreement and this Ordinance shall provide to Grantee the right, privilege and authority to construct, reconstruct, Operate, maintain, repair and extend a Gas 3 Distribution System in the Territorial Limits of the City for the term specified in the Franchise. SECTION 3. STREET AND RIGHT-OF-WAY USE NOT EXCLUSIVE. For the purpose of constructing, operating, maintaining and extending a Gas Distribution System in the Territorial Limits of the City, Grantee may erect, install, construct, repair, replace, relocate, reconstruct, remove and retain in the Streets within the Territorial Limits of the City such pipes, lines, manholes, and any and all other additional appliances and appurtenances necessary and incidental to the usual operation of a Gas Distribution System, provided that all applicable permits are applied for and granted, all fees paid, and all other applicable local ordinances, codes and regulations are otherwise complied with. Subject to State law, the right to use and occupy the Streets for the purposes set forth herein is not exclusive. The City reserves the right to grant one or more additional Franchises or other authorizations for similar use to any other Person at any time. SECTION 4. PUBLIC WORKS. The rights and privileges granted by this Ordinance shall not be in preference or hindrance to the rights of the City and any other lawful governmental authorities having jurisdiction to perform or carry out any public works or public improvements. Should the Gas Distribution System interfere with the construction, maintenance or repair of such public works or improvements, Grantee, at its expense, shall protect or relocate the Gas 4 Distribution System, or any applicable part thereof, as directed by the City or other governmental authorities having jurisdiction. SECTION 5. USE OF STREETS. (a) General control. Grantee, in any opening it shall make in the Streets of the City, shall be subject to the provisions of this Ordinance and to all applicable ordinances, codes and regulations of the City. The Gas Distribution System of the Grantee shall be located so as not to interfere with the public safety or with the convenience of persons using the Streets. (b) ~ight of designation. The City reserves the right by resolution of the City Council or otherwise through proper representatives of the City to specifically designate the location of the Gas Distribution System of Grantee with reference to municipal facilities, such as sewer and water mains, drainage facilities, fiber optic cable, signal poles and lines and similar services, other facilities, such as public telephone utilities, public electric utilities, public cable television utilities, and railway communication and power lines, in such a manner as to protect the public safety and public and private property and to facilitate the creation of a convenient, attractive and harmonious Community. Failure by the City to so designate does not relieve Grantee of its responsibilities in matters of public safety as provided in this Ordinance. Grantee shall construct, maintain and locate its Gas Distribution System so as not to interfere with the construction, location and maintenance of sewer, water, drainage, electrical, signal and fiber optic facilities of the City. Any designation of location required or authorized by this Ordinance 5 shall be accomplished by the City so as not to unnecessarily delay the Grantee in any of its operations. (c) Notice to City. Except in the cases of emergencies under Subsection (d) of this Section, Grantee shall not move, alter, change or extend any of its Gas Distribution System in any Street unless prior written notice of its intention so to do is given to the City Manager and permission in writing so to do is granted by the City Manager or such requirement is waived by the City Manager. Such permission shall be conditioned upon compliance with the terms and conditions of this Ordinance, with such other terms and conditions as will preserve, protect and promote the safety of the public using the Streets, and as will prevent undue interference with or obstruction of the use of the Streets by the public, the City or by any other public utility or public service corporation for their respective purposes and functions, and shall not be unreasonably withheld. (d) Written permits. The City Council may require that written permits, in any and all cases, be obtained by Grantee whenever it becomes necessary for Grantee to excavate in the Streets in order to install, construct, maintain or extend the Gas Distribution System. Such permits, if required, may be made applicable to any and all types of excavations in the Streets, as prescribed by City Council, and City Council may, by resolution, establish a fee for each excavation made in a Street by a public utility. Such permits may state the particular part or point of the Streets where construction or excavation is to be conducted, the length of time in which such permit shall authorize such Work to be done and the hours of each day during which such Work shall 6 be undertaken. A single permit may be issued for multiple excavations to be made in Streets; provided, however, any Street opening fee established by City Council shall apply to each excavation made in Streets of the City. Exceptions to the requirement for a written permit shall be allowed in cases of emergencies involving public safety or restoration of service. In the case of emergency excavations made in the Streets without permit, Grantee shall make a report of each such excavation to the City within two (2) working days and pay such fee as may be established by City Council for excavations in Streets by public utilities. Any permit applications and inspections related to repair of excavations shall be promptly acted upon by the City so as not to unnecessarily delay the Grantee in efficiently discharging its public service obligation. Any fees for permits or inspections charged by the City shall be based on the City's actual costs of administering the program of issuing permits and conducting inspections. (e) Restoration of Streets. Immediately after installation, repair or extension of the Gas Distribution System or any portion thereof or any pavement cut by Grantee in any Street of the City, the incidental trenches or excavations shall be refilled by Grantee in a manner reasonably acceptable to the City Manager. Pavement, sidewalks, curbs, gutters or any other portions of Streets damaged, disturbed or destroyed by such work shall be promptly restored and replaced with like materials to their former condition by Grantee at its own expense; however, where it is necessary, and if authorized by the City, in order to achieve the former conditions, Grantee shall use materials whose type, specification and 7 quantities exceed or are different from those used in the installation, and Grantee at its own expense shall provide such different materials. Where a cut or disturbance is made in a section of sidewalk paving, rather than replacing only the area actually cut, Grantee shall replace the full width of the existing sidewalk and the full length of the section or sections cut, a section being defined as that area marked by expansion joints or scoring. Grantee shall maintain, repair and keep in good condition for a period of one (1) year following such disturbance all portions of Streets disturbed by Grantee, and repair shall be necessary because of materials supplied by Grantee. (f) Removal of obstructions and provided such maintenance defective workmanship or defects. Grantee shall promptly remove or correct any obstruction or defect in any Street which may have been caused by Grantee in the installation, operation, maintenance or extension of Grantee's Gas Distribution System. Any such obstruction or defect which is not promptly removed, repaired or corrected by Grantee after proper notice so to do, given by the City to Grantee, may be removed or corrected by the City, and the cost thereof shall be charged against Grantee and may be enforced as a lien upon any of Grantee's properties or assets. Any expense of damage, relocation or replacement to City water, sanitary sewer, storm sewer, storm drainage or communication facilities resulting from construction or maintenance of Grantee's Gas Distribution System shall be borne by Grantee and any expense incurred in connection therewith by the City shall be reimbursed by the Grantee. 8 (g) Minimum inconvenience; protection of public. Grantee shall not open, disturb or obstruct, at any one time, any more of the Streets, than reasonably may be necessary to enable it to proceed with advantage in laying or repairing its Gas Distribution System. Neither shall Grantee permit any Street so opened, disturbed or obstructed by it in the installation, construction, repair or extension of its Gas Distribution System to remain open or the public way disturbed or obstructed time than reasonably shall be necessary. Street shall be excavated, disturbed or for a longer period of In all cases where any obstructed by Grantee, Grantee shall take all precautions necessary or proper for the protection of the public and shall maintain adequate warning signs, barricades, signals and other devices necessary or proper to adequately give notice, protection and warning to the public of the existence of all actual conditions present. (h) Relocation of City facilities. Whenever the City shall widen, reconstruct, realign, pave or repave any Street, or shall change the grade or line of any Street, or shall construct or reconstruct any water, sanitary sewer, storm sewer, drainage or communications facility of the City, it shall be the duty of Grantee to move, alter or relocate its Gas Distribution System or any part thereof as requested by the City at Grantee's cost and expense. Upon written notice by the City Manager of the City's intention to perform work as specified above, Grantee shall within a reasonable period of time accomplish its obligation in accordance with and to conform to the plans of the City for such construction, reconstruction or improvements. Should the Grantee fail, refuse or neglect to comply with such notice, the Gas Distribution System or 9 any part thereof may be removed, altered or relocated by the City, the cost of which shall be paid by Grantee, and the City shall not be liable to Grantee for any damages resulting from such removal, alteration or relocation. In cases where Grantee believes the costs of relocation by Grantee would be cost prohibitive and an alternative location of the City's facilities would be feasible, the City and Grantee shall jointly evaluate whether Grantee could reasonably pay any additional costs to the City of the alternative City facility location in lieu of relocating Grantee's facilities. Grantee shall not be required by the City to relocate its Gas Distribution System when any Street in which such System is located is vacated, closed or abandoned by the City for the convenience of abutting property owners and not as an incident to a public improvement. The City shall give Grantee notice in writing of such proposed abandonments or Street closings to allow Grantee to protect its access interests. SECTION 6. SERVICE STANDARDS. The rights and privileges granted and conferred upon the Grantee are granted upon the express condition and understanding that Grantee will render to the public and the City of Roanoke at all times during the term of this Franchise adequate and efficient gas service at reasonable rates and that it will maintain its properties, works, structures, facilities and the Gas Distribution System located within the City in good order throughout the term of this Franchise. By accepting this Franchise, Grantee expressly agrees that the State Corporation Commission of Virginia shall have jurisdiction, to the full extent and in the same manner now or 10 hereafter during the life of this Franchise provided by law, to require Grantee to render efficient service as aforesaid at reasonable rates and to maintain its properties in good order throughout the term of this Franchise and otherwise enforce, together with the City, in the Circuit Court for the City of Roanoke, the provisions of this Franchise to the full extent provided by law. SECTION 7. SAFETY STANDARDS. Grantee shall at all times employ a high standard of care and shall install and maintain in use approved methods and devices for preventing failure or accidents which are likely to cause damages, injuries or nuisances to the public. SECTION 8. RESTORATION OF IMPAIRED SERVICE. In the event of any interruption or impairment of service by reason of force, nature, act of God, strike, breakdown, accident or other happening beyond the control of Grantee, Grantee shall use every reasonable effort and shall exercise prompt diligence to restore such service with as little interruption as reasonably possible and, in all events, within a reasonable time, but any such interruption or failure of service caused by any of the aforesaid reasons shall not, of itself, constitute a breach of this Franchise. SECTION 9. COMPLIANCE REQUIRED. Grantee shall comply with all Federal laws, ordinances, regulations 11 applicable and codes. City, State and SECTION 10. POLICE POWER. Ail rights and privileges granted hereby are subject to lawful exercise of the police power of the City to adopt and enforce local laws, rules and regulations necessary to the health, safety and general welfare of the public. Expressly reserved to the City is the right to adopt, in addition to the provisions of this Ordinance, the Franchise and existing laws, such additional ordinances and regulations as are necessary for the lawful exercise of its police power, for the benefit and safety of the public. SECTION 11. TAXES. Nothing contained in this Ordinance or in the Franchise shall be construed to exempt Grantee from any tax, levy or assessment of the City which is now or may hereafter be authorized by law. SECTION 12. GRANTEE TO OWN SYSTEM. Grantee shall, at all times during the term of this Franchise, have full possessory rights to all facilities and property, real and personal, of the Gas Distribution System, whether by ownership, lease, license or otherwise. property, real or personal, obligations hereunder. Grantee may discard or replace any as long as Grantee can satisfy its SECTION 13. APPROVAL OF TRANSFER. No sale, assignment or lease by Grantee of the Franchise or of the privileges granted under this Ordinance shall be effective until approved by the State Corporation Commission and until Grantee's successor shall have agreed in writing with the City to 12 accept the terms and conditions of this Ordinance and the Franchise and to perform in accordance with their terms and conditions. SECTION 14. LIABILITY. Grantee agrees and binds itself to indemnify, keep and hold the City free and harmless from liability on account of injury or damage to persons or property growing out of or directly or indirectly resulting from: (a) Grantee's use of the Streets of the City; (b) the acquisition, construction, installation, operation, maintenance, Grantee's Gas Distribution System; (c) reconstruction, erection, repair or extension of the exercise of any right or privilege granted by or under this Ordinance or any Franchise; or (d) the failure, refusal or neglect of Grantee to perform any duty imposed upon or assumed by Grantee by or under this Ordinance or any Franchise. In the event that any suit or proceeding shall be brought against the City at law or in equity, either independently or jointly with Grantee on account thereof, Grantee, upon notice given to it by the City, will defend the City in any such action or other proceeding, at the cost of the Grantee. In the event of a final either independently or such judgment or will judgment being awarded against the City, jointly with Grantee, then Grantee will pay comply with such decree, pay all costs and expenses of whatsoever nature and hold the City harmless therefrom. SECTION 15. INSURANCE AND BOND REQUIREMENTS. (a) Requirement of insurance. Grantee shall, at its expense, obtain and maintain during the life of its Franchise the insurance and bond required by this Section. Any required 13 insurance and bond shall be effective prior to the beginning of any Work by Grantee under its Franchise. (b) Commercial General Liability. Grantee shall maintain during the life of its Franchise Commercial General Liability insurance coverage insuring against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of the Grantee's Work under its Franchise. The minimum limits of liability for this coverage shall be $10,000,000 combined single limit for any one occurrence. (c) Contractual Liability. Grantee shall maintain during the life of its Franchise broad form Contractual Liability insurance including the indemnification obligation set forth in Section 14 of this Ordinance. (d) Workers' Compensation. The Grantee shall maintain during the life of its Franchise Workers' Compensation insurance covering Grantee's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance for all its employees engaged in Work under its Franchise. Minimum limits of liability for Employer's Liability shall be $100,000 bodily injury each occurrence; $500,000 bodily injury by disease (policy limit); and $100,000 bodily injury by disease (each employee). With respect to the Workers' Compensation coverage, the Grantee's insurance company shall waive rights of subrogation against the City, its officers, agents and employees. (e) Automobile Liability. The Grantee shall maintain during the life of its Franchise Automobile Liability insurance. The 14 minimum limit of liability for such insurance shall be $1,000,000 combined single limit applicable to owned or non-owned vehicles used in the performance of any Work under its Franchise. (f) Umbrella Coveraqe. The insurance coverages and amounts set forth in subsections (b), (c), (d) and (e) of this Section may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of $10,000,000. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by subsections (b), (c), (d) and (e), and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by Grantee to the City. (g) Evidence of Insurance. following requirements: (1) (2) Ail insurance shall meet the The Grantee shall furnish the City a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. Certificates of insurance shall include any insurance deductibles. The required certificate or certificates of insurance shall include substantially the following statement: "The insurance covered by this certificate shall not be canceled or materially altered, except after thirty (30) days written notice has been received by the City of Roanoke." (3) The required certificate or certificates of insurance shall name 15 (4) the City of Roanoke, its officers, agents and employees as additional insureds. Insurance coverage shall be in a form and with an insurance company approved by the City which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Ordinance or any Franchise granted under this Ordinance shall be authorized to do business in the Commonwealth of Virginia. (h) Ranqes and Limits. At the end of ten (10) years, the City shall have the right to require increases in the amounts of insurance specified above. Any adjustments shall bear a reasonable relation to any change in the cost of living or cost of repair or replacement, as measured by changes in the Consumer Price Index of the United States Bureau of Labor Statistics applicable to the Commonwealth of Virginia or comparable measure if the Consumer Price Index is no longer being issued. (i) Bond. Grantee shall post and maintain for the life of its Franchise a performance bond in favor of the City in the amount of $25,000. The bond shall be issued by a bonding company approved by the City. SECTION 16. REPORTS~ MAPS AND PLATS. (a) Grantee shall file annually with the City Manager a copy of Grantee's annual report, which report shall contain and reflect the audit and financial statement as pertains to the business operations of Grantee for the immediately preceding business year. 16 Grantee's books and systems of account showing the gross income derived by Grantee from its supply and sale of gas in the City, the City of Salem and the Town of Vinton shall be made available at all reasonable times for audit or inspection and verification by a duly authorized officer or agent of the City. (b) Grantee shall, upon written and reasonable request at any time from the City Manager, make available or furnish to the City Manager maps, plats or plans, or copies thereof, showing the location of any or all of its Gas Distribution System located in any Street of the City. SECTION 17. LIEN OF CITY. Ail debts, penalties or forfeitures accruing to the City under the terms of this Ordinance shall constitute a lien upon the property and Franchise of Grantee within the City, subject, however, to then-existing prior liens. SECTION 18. JURISDICTION OF GOVERNMENTAL REGULATORY COMMISSIONS. If any provision of this Ordinance shall be in conflict with any constitutional provision, or any federal, State or local law, or any lawful rule of the State Corporation Commission of Virginia, or of any other duly constituted body or commission legally authorized to prescribe rules governing the conduct of Grantee within the City, so that Grantee cannot reasonably comply with both the provisions of this Ordinance and such provision, law or rule of such commission or body, then Grantee shall comply with such 17 specific provision, law or rule instead of with the conflicting provision of this Ordinance, but Grantee shall comply with each and all of the provisions of this Ordinance where such can be done without violating constitutional provisions, valid laws or rules of the said commission or body. Whenever Grantee has knowledge of such a conflict, Grantee shall immediately notify the City Manager in writing. SECTION 19. NON-DISCRIMINATION. Grantee shall not discriminate on the basis of race, religion, color, sex or national origin in its employment practices, contracting or provision of services. SECTION 20. NOTICE. Ail notices required under this Ordinance shall be given as provided in the Franchise Agreement. SECTION 21. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after ten (10) days from the date of its passage and retroactive to January 1, 1996. ATTEST: City Clerk. 18 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of July, 1996. No. 33007-070196. AN ORDINANCE accepting a bid for a franchise to construct, operate and maintain a natural gas distribution system in the City, upon certain terms and conditions, for a twenty (20) year term and authorizing the execution of a Gas Franchise Agreement. WHEREAS, by public notice published in The Roanoke Times pursuant to §§15.1-308 and 15.1-309, Code of Virginia (1950), as amended, City Council has invited bids for a franchise to construct, operate and maintain a natural gas distribution system upon certain property of the City for a term of twenty (20) years; WHEREAS, the written bid of Roanoke Gas Company, was delivered to the presiding officer of City Council in open session of the Council at 2:00 p.m. on June 17, 1996; WHEREAS, such bid was referred to a Bid Committee appointed by the Mayor, and the Bid Committee report to the Council recommending that the bid of Roaoke Gas Company, be accepted; and WHEREAS, Roanoke Gas Company has agreed to accept the terms and conditions of the Gas Franchise Ordinance being adopted simultaneously with this ordinance and to enter into a Gas Franchise Agreement; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Roanoke Gas Company for a franchise to construct, operate and maintain a natural gas distribution system upon certain public property of the City, such bid being on file in the Office of the City Clerk, is hereby ACCEPTED. 2. The Mayor and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a Gas Franchise Agreement, retroactive to January 1, 1996, a copy of which is on file in the Office of the City Clerk, and such Agreement shall be in such form as is approved by the City Attorney. ATTEST: City Clerk. June 17, 1996 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report - Gas Franchise I. Backqround: Franchise for non-exclusive use of public right-of-way for the provision of natural gas service to the citizens of the City of Roanoke was publicly advertised once each week for four (4) consecutive weeks. Proposed ordinance to award said franchise has been on file in the office of the City Clerk and available for inspection during the term of advertisement. Bids were received by Council on June 17, 1996 and referred to the undersigned Bid Committee to evaluate and make a recommendation to Roanoke City Council. One bid, being the bid of Roanoke Gas Company (Grantee), was received. That bid was for a term of 20 years, commencing as of January 1, 1996 and extending through December 31, 2015, at a franchise fee calculated as follows: Grantee will pay to Grantor (City) a Franchise Fee which shall be calculated pursuant to the following. It is understood that Grantee has or will enter into Franchise agreements with the City of Salem ("Salem") and the Town of Vinton ("Vinton") (Grantor, Salem, and Vinton being hereinafter sometimes collectively referred to as the "localities") with fee provisions identical to this one, and that the total annual Franchise Fee to be paid to the three localities in aggregate is $56,000 for calendar year 1996 ("base year total annual Franchise Fee"). Grantor's Franchise Fee shall be a percentage share of the base year total annual Franchise Fee, which shall be determined on a pro rata basis according to its percentage share of the total dollar value of Grantee's gas sales occurring within the localities during the calendar year. For each calendar year of the Honorable Mayor and City Council June 17, 1996 Page 2 Franchise, each locality's percentage share shall be determined by the following formula: For calendar year 1996, the Franchise Fee shall be paid to Grantor on or before March 31, 1997. For each succeeding calendar year during the term of this Franchise, the total annual Franchise Fee paid by the Grantee to the localities shall be the base year total annual Franchise Fee increased by three (3) percent compounded annually over the term of the Franchise. For each calendar year during the term of this Franchise, Grantor's percentage share shall be determined pursuant to this Section, and paid to Grantor on or before March 31 of the succeeding calendar year. Roanoke City share of the franchise fee will initially be approximately $40,000 annually. II. Recommendation: The Bid Committee finds the bid of Roanoke Gas Company to be the highest and best bid and recommends that such bid be accepted. BID COMMITTEE: Respectfully submitted, W~ 1~1 am~W~t~e~, Sram.,/Ch~ai;man ./~a~es D. ~risso~ KBK:afm cc: Wilburn C. Dibling, City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations William F. Clark, Director of Public Works John B. Williamson, III, Roanoke Gas Company Dana Long, Acting Chief of Billings & Collections June 17, 1996 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report - Gas Pipeline License I. Backqround: License to operate and maintain approximately 14,129 linear feet of 12-inch natural gas pipe line through City property in the Carvins Cove watershed has been properly advertised. Bids were received by Council on June 17, 1996 and referred to the undersigned Committee to review and make a report of recommendation to Council. One bid, only, was received by Council. That bid was submitted by Roanoke Gas Company (Licensee) for a 20 year license at a fee as follows: Licensee shall pay to the City an annual license fee for each calendar year of the term of this License Agreement. The annual license fee for the first five (5) years of the term (1996 through 2000, inclusive) shall be $1,455. In order to maintain a license fee fair to the City and the Licensee throughout the term of this License Agreement, on the fifth anniversary of the commencement date of this Agreement and every five years thereafter, the amount of the license fee shall be adjusted, up or down, to an amount determined by mutual agreement of the City and the Licensee. The City and Licensee agree to use a ten (10) percent return on the fair market value of the City Property in determining the license fee. In the event that the City and Licensee are unable to agree as to the license fee, then each shall retain, at its own expense, a qualified appraiser of real estate who shall appraise and report as to the fair market value of the license fee utilizing the ten (10) percent return rule agreed upon above. The average of the two values shall then be calculated, and the average shall be the license fee paid by Licensee for the succeeding five (5) years. Honorable Mayor and City council June 17, 1996 formula page 2 fee adjustment under tvheeshal1 be Any license . __~=ection (2) ab~_~ 2000, for~the malculated ~ .,~arS of the t:~'of November, - -~d five %D; ~ ,d in the monuu seuu., . - · a--. ars of the term - ~w~d f~ve (5) ~ ~,~ in the m~nth 2005, ~nclUslve), 2005, for ~ ~%, inclus%VeL[~d final (2006 th~°Ug~,,n for the Of November ~u~-, (2011 through 2015, (5) years of the term inclusive)' - =-r ,,ear 1996 n ten {10) calendar lcenSe fee for calenu~ ~ annual 1' ~=,,able withi ~. ~rovided, 4. ~"~ ~ ~ ~ue and F~z-~ ~ A~reemenu, = be shalx ~e~ the date oz ~..- ~6, Licensee shall days a~ however, for caleq~r #~a~n~9paymentS made for entitled to a creO~U ~ II. such calendar year under the previOUS Gas Pipeline calendar year 1997 and succeeding Agreement. F~r the annual license fee for each calendar year , this Agreement shall be due and calendar year of December 15 preceding each payable in advance on such calendar year. s the bid of Roanoke Gas tion: Bid committe~ find ends Recommendat~n+h~ highest anu best bid and recomm company t<-.. ~o p~ ~-- bid. council accept such ~ Respectfully submitted BID coMMITTEE: ~ William white, sr. ~irman W. ~e~'~/~., /. KBK:afm . · . City Attorney w{]burn C. D~bl~n~%~ctor of FinanCe operations cc: ~es D. GriSSO, u~ of utilities & Kit H. Kiser, Director public works william F. clark, Director of company John B. williamson, III, Roanoke Gas Dana Long, Acting chief of Billings & collections CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: May 23, 1996 TO: Mary F. Parker, City Clerk A A~ FROM: Wilburn C. Dibling, Jr., City Attorney RE: Gas Franchise and Gas Pipeline Agreement As you know, the Public Notice with respect to grant of a gas franchise and grant of a gas pipeline license will run in The Roanoke Times on May 24, May 31, June 7 and June 14, 1996. Bids with respect to the two grants will be received in public session of City Council at 2:00 p.m. on June 17, 1996. During the pendency of the advertising, you are required to maintain in your Office for public inspection a copy of the proposed Franchise Ordinance, the proposed Pipeline Agreement and the ordinance authorizing the grant of the pipeline license and further authorizing the Mayor to execute the Pipeline Agreement on behalf of the City. I am attaching the three documents that you are required to maintain for public inspection during the pendency of the advertising process. Please contact me if ¥ou have any questions. WCD:f Attachments cc: W. Robert Herbert, City Manager James D. Grisso, Director of Finance MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virgmia 24011-1536 Telephone: (540) 951-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk July 8, 1996 File ~51 Mr. Eutaw L. Bowling 4928 Pleasant Hill Drive, $. W. Roanoke, Virginia 24018 Dear Mr. Bowling: I am enclosing copy of Ordinance No. 33010-070196 rezoning a tract of land located at 2315 Patterson Avenue, S. W., described as Official Tax Nos. 1311601 and 1312318, from HM, Heavy Manufacturing District, to LM, Light Manufacturing District. Ordinance No. 33010-070196 was adopted by the Council of the City of Roanoke on first reading on Monday, June 17, 1996, also adopted by the Council on second reading on Monday, July 1, 1996, and will be in full force end effect ten days following the date of its second reading. Sincerely, ~,,4,,,~,.--- Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. Mr/Eutaw L. Bowling July 8, 1996 Page 2 pc: Roanoke Distributing Co., Inc., P. O. Box 4210, Roanoke, Virginia 24015 Mr. Leo Barber, P. O. Box 4307, Roanoke, Virginia 24015 Ralph Smith, Inc., 2141 Patterson Avenue, S. W., Roanoke, Virginia 24016 Mr. Robert W. Thurman, 1112 Tipton Avenue, S. E., Roanoke, Virginia 24014 Breakell, Inc., 2314 Patterson Avenue, S. W., Roanoke, Virginia 24016 Jeanne Sanborn, Agent, Real Estate and Contract Services, Norfolk Southern Corporation, 110 Franklin Road, S. E., Roanoke, Virginia 24042-0059 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, The 1st day of July, 1996. No. 33010-070196. VIRGINIA, AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 131, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. WHEREAS, Eutaw L. Bowling, has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on June 17, 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 S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 131 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That tract of land located at 2315 Patterson Avenue, S.W., and designated on Sheet No. 131 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 1311601 and 1312318, be, and is hereby rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, pursuant to the Petition filed in the Office of the City Clerk on April 25, 1996, and that Sheet No. 131 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke City Planning Commission June 17, 1996 Honorable Mayor David A. Bowers and Members of City Council Roanoke, Virginia Dear Members of City Council: Subject: Request from Eutaw L. Bowling that a tract of land lying at 2315 Patterson Avenue, S. W. and designated as Official City Tax Map Numbers 1311601 and 1312318 be rezoned from HM, Heavy Manufacturing to LM, Light Manufacturing District. I. Background: Pumose of rezoning request is to ;>lace a nresentlv non-conformin~ use and a pronosed future use of the ~ropertv in an appronriate zoning classification Subject pronerty is presently zoned HM and is used as an office, service and warehoose for a local HVAC contractor and distributor. This use is permitted in an LM district; however, at one time, it was permitted in both the LM and HM district. Prior to 1987, the HM district permitted all LM u~es as well as more intensive industrial uses. When the zoning ordinance was rewritten in 1987, the industrial categories were modified and uses were limited to protect valuable industrial land. City zoning district maps for LM and HM areas were not modified to reflect existing and desired future land use. Subject property is currently for lease or sale. Hertz Ea_uipment Rental has a contract to lease the nroperty for a heavy equipment leasing and sales business. This use is permitted in an LM district by Special Exception permit by the Board of Zoning Appeals. Planning Commission nubic hearing was held on June 5, 1996. There was discussion of the existing uses in the area and the appropriateness of Light Manufacturing zoning for the property and others in the area. Mr. John Plunkett, representing Roanoke Distributing Company at 2401 Patterson Avenue, S. W., addressed the Commission and asked how the zoning change would affect their property and business. There was no opposition to the rezoning request. Room162 MunicipalBuilding 215ChurchAvenue, S.W. Roanoke, Virginia24011 (703)981-2344 Members of City Council Page 2 II. Issue~: A. Zonin~ of the provertie$ is HM Surrounding zoning is also HM. Land use of the properties is presently Ik, ht industrial for warehousing, service and an office. Surrounding uses include construction contractors' offices, beverage distributor, sign company, car repair and some residential. With the exception of small lot car repair, ail of these are provided for in the LM district. Industrial land alon~ Patterson Avenue is tareeted as an Urban Enterprise Zone. Redevelopment and investment for quality industry is desired. D. There is no established neighborhood organization for this area. E. Comprehensive Plan recommends that: In.dustrial ~owth and development should be encouraged through public and private actions to ensure a strong and diversified economic ba~e and employment opportunities for all of Roanoke's citizens. Development of new or existing industrial areas should be carefully planned and designed to t>romote quality development and good land use. III. Alternatives: A. City Council approve the rezoning request. Z nin b c m LM. Zoning is consistent with existing land use and other uses in the area. Land use continues to be a light manufacturing use. even if changed in the future for construction equipment leasing and sales. 3. Industrial land is promoted for light manufacturing uses. 4. Neighborhood not affected Comprehensive Plan is followed. Industrial growth encouraged; quality development promoted. B. City Council deny the rezoning request. 1. Zonin rem ins HM. Members of City Council Page 3 Land use remains non-conforming New uses of building are restricted to those permitted in HM district. Existing use can continue unless discontinued for two years. Changes in each use could be requested from the Board of Zoning Appeals. 3. Industrial land is nromoted for heavy industry. 4. Neighborhood not affected. Comprehensive Plan could be followed. Area would be targeted only for Heavy Manufacturing uses. The Pl.anning Commission recommends that City Council approve the rezoning rearmost. By a unammous vote of the Commission, with all seven members of the Commission being present, the Commission approved the request for rezonlng to Light Manufacturing. The subject properties, as well as surrounding properties, are primarily light manufacturing uses. A change in zoning to LM will benefit the industrial value of the properties and enhance development within the area. Additional zoning changes for this area will be considered in the future. attachments cc: Assistant City Attorney City Engineer Zoning Administrator Petitioner Respectfully submitted, Carolyn H. Coles, Chairman Roanoke City Planning Commission PETITION TO REZONE, IN THE COUNCIL OF THE CITY OF ROANOKE. V~RGINIA Rezoning of a tract of land lying at 2315 Patterson Avenue, S.W. and designated as Official City Tax Map Numbers 131160 l and 1312318, From HM, Heavy Manufacturing District to LM, Light Manufacturing District TO Tt-IE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Eutaw L. Bowling owns land in the City of Roanoke containing 2.25 acres, more or less, located at 2315 Patterson Ave. SW tax numbers 1311601 and 1312318. Said tract is currently zoned Heavy Manufacturing. A map of the proper~y to be rezoned is attached as Exhibit A. The legal description of the property to be rezoned is attached as Exhibit B (2 pages). Pursuant to section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from HI~ Heavy Manufacturing District to LM, Light Manufacturing District, for the purpose of placing a nonconforming use and Future use of' property in a more appropriate zoning classification. The Petitioner believes the rezoning of the said tract of land will Further the intent and purposes of the City's Zoning Ordinance and encourage new industrial development in the City. Attached as Exhibit C (6 pages) are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent and to immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above described tra~ be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Petition To Rezone Property ofEutaw L. Bowling April 25, 1996 Page 2 of 2 Respectfully submitted this 25th day of April, 1996. Respectfully submitted, Eutaw L. Bowling 4928 Pleasant Hill Drive SW Roanoke, VA 24018 (Phone: (540) 774-9535) Petition To Rezone Property ofEutaw L. Bowling April 25, 1996 EXHIBIT B (Legal Description) (naMe I of 2~ BEGINNING at a point on the northerly side of Patterson Avenue, Southwest, N. 740 10' W. 200 feet from the northwest comer of Patterson Avenue and Twenty-Third Street, Southwest; thence along the northerly side of Patterson Avenue, N. 74o 10' W. 100 feet to a point on same; thence leaving Patterson Avenue, N. 15o 50' E. 275 feet to a point on the southerly side of Rorer Avenue (originally known as Trout Avenue) now closed; thence N. 80 39' 45.03 feet to a point in the center of West Avenue (originally known as Norfolk Avenue) now closed; thence along the center of West Avenue, now closed, with a curve to the lef~ whose radius is 1,225.00 feet and whose chord is N. 820 51' 24" E. 359.12 feet, an arc distance of 360.42 feet to a point where the center of said street intersects with the center of Twenty-Third Street, now closed; thence with the center of Twenty-Third Street (originally known as Street) S. 150 50' W. 309.86 feet to a point; thence N. 74o 10' W. 25 feet to a point on the original west side of Twenty-Third Street, now closed; thence along the original west side of Twenty-Third Street, S. 15o 50' W. 8 feet to a point on the north side of an alley 12 feet in width; thence along the north side of said alley, N. 74o 10' W. 200 feet to a point on same; thence S. 150 50' W. 142 feet to a point on the north side of Patterson Avenue and the place of BEGINNING; and being 2.108 acres as more particularly shown by plat of survey by T. P. Parker & Son, Engineers an Surveyors, dated May 12, 1977; and being all of Lots 1, 2, 3, 4, 5, 6, 13 and 14 and the closed alley, 12 feet in width, between Lots 5 and 6 to the north and 13 and 14 to the south, block 56 as shown by the Map of River View Land and Manufacturing Company; ail of Block 55 as shown by the Map of River View Land and Manufacturing Company; and the closed portions of Twenty-Third Street, Rorer Avenue and West Avenue adjoining the aforesaid lots or block. Being a portion of the property conveyed to Club View Corporation by deed from Roanoke Apartments Corporation dated July 17, 1961 and recorded in the Clerk's Office of the Hustings Court (now Circuit Court) of the City of Roanoke in Deed Book 1099, Page 316 and being a portion of the streets closed by ordinance of the Council of the City of Roanoke, dated May 18, 1953, and recorded in said Clerk's Office in Deed Book 903, Page 170; and being a portion of the alley closed byordimmce of the Council of the City of Roanoke dated April 11, 1968 and recorded in said Clerk's Office in deed book 1235, Page 376. Lot 12, Block 56, according to the West End & River View Map; and Being identified as Roanoke City Tax Assessment Number 1312318; and Being part of the property that was conveyed to Myrtle H. Francis and Betty F. Trinkle under the will ofC. W. Francis of record in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia. The said Myrtle H. Francis having conveyed her interest in the hereinabove described property to Betty F. Trinlde by deed dated December 30, 1976, of record in the aforesaid Clerk's Office in Deed Book. ~ L05,~ o o~'~ ~2,OA.~o~'~, sv T. P' pARKER ~ SON ENGIN~ER~ & suRveYORS VjRGINI PR TT£1~$ON ?0' MARY Ir. 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 4, 1996 File ~24-51-514 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised public hearings to be held on Monday, June 17, 1996, on the following matters: Request of Mr. Eutaw L. Bowling that a tract of land located at 2315 Patterson Avenue, S. W., described as Official Tax Nos. 1311601 and 1312318, be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District. Request of CBL & Associates Limited that a tract of land located on the north side of Bennington Street, at its intersection with Mount Pleasant Boulevard and Rutrough Road, S. E., described as Official Tax No. 4250202, be rezoned from CN, Neighborhood Commercial District, to C-2, General Commercial District, and that conditions currently applicable to the property be removed to facilitate the leasing by the petitioner of retail space in the shopping center currently constructed and operating on the property. Request of JJ&T Partnership and Randall Wayne Brown that two tracts of land located on the southerly side of Campbell Avenue, S. E., identified as Official Tax Nos. 4011102 and 4011103, be rezoned from LM, Light Manufacturing District, to C-3, Central Business District, the rezoning of Official Tax No. 4011103 to be subject to certain conditions proffered by the petitioner. The Honorable Mayorand Membem ofthe Roanoke City Council June 4,1996 Page 2 If you cell me. MFP:sm Enc. Request of the City Planning Commission that certain parcels of land in the southwest quadrant of the City, bounded generally by Jackson Avenue on the north, 12th Street on the west, Salem Avenue on the south, and 10th Street on the east, identified as Official Tax Nos. 1211402, 1211502 - 1211505, inclusive, and 1211508 - 1211512, inclusive, and property owned by Norfolk Southern Corporation, identified as Official Tax Nos. 1110806 - 1110809, inclusive, 1110817, and 1110101 - 1110131, inclusive, be rezoned from LM, Light Manufacturing District, to RM-1, Residential Multi-family, Low Density District; and Official Tax Nos. 1110801 -1110804, inclusive, and 1110810, be rezoned from RM-2, Residential Multi-family, Medium Density District, to RM-1, Residential Multi-family, Low Density District. desire additional information prior to the public hearings, please do not hesitate to Sincerely, er, C MC/,g~AE City Clerk The Honorable Mayor and Members of the Roanoke City Council June 4, 1996 Page 3 pc: The Honorable C. Nelson Harris, Council Member-Elect, 2813 Edgewood Street, S. W., Roanoke, Virginia 24015 The Honorable Carroll E. Swain, Council Member-Elect, 3434 Kershaw Road, N. W., Roanoke, Virginia 24017 The Honorable James O. Trout, Council Member-Elect, 2102 Stephenson Avenue, S. W., Roanoke, Virginia 24014 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director of Real Estate Valuation Kathy L. Brickey, Appraiser Aide, Real Estate Valuation Kit B. Kiser, Director of Utilities and Operations William F. Clark, Director of Public Works Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner, w/enclosures John R. Marlles, Agent, City Planning Commission, w/enclosuras Evelyn D. Dorsey, Zoning Administrator, w/enclosures Martha P. Franklin, Secretary, City Planning Commission Rose Woodford, Executive Secretary, City Manager's Office Ad Number: 53177007 Publisher's Fee: $98.60 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: 05/31/96 FULL RUN - Friday 06/07/96 FULL RUN - Friday Witness, this 10thday of June 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, June 17, 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 HM, Heavy Manufacturing District, to LM, Light Manufacturing District, the following property: A tract of land located at 2315 Patterson Avenue S.W., and bearing Official Tax Nos. 1311601 and 1312318. 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 29th day of May , 1996. Mary F. Parker, City Clerk. Publish in the ~, once on Friday, May 31, 1996, and once on Friday, June 7, 1996. Send publishers 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 Ba~T. Iil~, once on Thursday, June 6, 1996. Send publisher's affidavit and bill to: Mary F. Parker, City Clerk Room 456, Munidpal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 MARY E 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 June 4, 1996 File #51 SANDRA H. EAKIN Deputy City Clerk Mr. Eutaw L. Bowling 4928 Pleasant Hill Drive, S. W. Roanoke, Virginia 24018 Dear Mr. Bowling: 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, June 17, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on your request that a tract of land located at 2315 Patterson Avenue, S. W., described as Official Tax Nos. 1311601 and 1312318, be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District. For your information, I am enclosing copy of a notice of the public hearing. Please review the notice and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 981-2431. A copy of the report of the City Planning Commission and Ordinance will be forwarded at a later date. Sincerely, City Clerk MFP:sm Enc. Mr. Eutaw L. Bowling June 4, 1996 Page 2 pc: Roanoke Distributing Co., Inc., P. O. Box 4210, Roanoke, Virginia 24015 Mr. Leo Barber, P. O. Box 4307, Roanoke, Virginia 24015 Ralph Smith, Inc., 2141 Patterson Avenue, S. W., Roanoke, Virginia 24016 Mr. Robert W. Thurman, 1112 Tipton Avenue, S. E., Roanoke, Virginia 24014 Breakell, Inc., 2314 Patterson Avenue, S. W., Roanoke, Virginia 24016 Jeanne Sanborn, Agent, Real Estate and Contract Services, Norfolk Southern Corporation, 110 Franklin Road, S. E., Roanoke, Virginia 24042-0059 MARY E PARKER, CMC/AAE Ci~' 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 June 10, 1996 File #51 SANDRA H. EAKIN Deputy City Clerk Mr. Eutaw L Bowling 4928 Pleasant Hill Drive, S. W. Roanoke, Virginia 24018 Dear Mr. Bowling: I am enclosing copy of the City Planning Commission report with regard to your request that a tract of land located at 2315 Patterson Avenue, S. W., described as Official Tax Nos. 1311601 and 1312318, be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District. As you know, the request for rezoning has been advertised for public hearing before the Roanoke City Council on Monday, June 17,1996, at 7:00 p.m., or as soon thereafter as ~ matter may be heard, in the City Council Chamber. Please review the report, and if you have questions, you may contact John R. Marlles, Chi~f of Planning and Community Development, at 981-2344. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. Mr. Eutaw L. Bowling June 10, 1996 Page 2 pc: Roanoke Distributing Co., Inc., P. O. Box 4210, Roanoke, Virginia 24015 Mr. Leo Barber, P. O. Box 4307, Roanoke, Virginia 24015 Ralph Smith, Inc., 2141 Patterson Avenue, S. W., Roanoke, Virginia 24016 Mr. Robert W. Thurman, 1112 Tipton Avenue, S. E., Roanoke, Virginia 24014 Braakell, Inc., 2314 Patterson Avenue, S. W., Roanoke, Virginia 24016 Jeanne Sanborn, Agent, Real Estate and Contract Services, Norfolk Southern Corporation, 110 Franklin Road, S. E., Roanoke, Virginia 24042-0059 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) 981-2541 Fax: (540) 224-3145 June 4,1996 File ~L51 SANDRA H. EAKIN Deputy City Clerk Mr. Eutaw L. Bowling 4928 Pleasant Hill Drive, S. W. Roanoke, Virginia 24018 Dear Mr. Bowling: 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, June 17, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on your request that a tract of land located at 2315 Patterson Avenue, S. W., described as Official Tax Nos. 1311601 and 1312318, be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District. For your information, I am enclosing copy of a notice of the public hearing. Please review the notice and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 981-2431. A copy of the report of the City Planning Commission and Ordinance will be forwarded at a later date. It will be neceesary for you, or your repmesntativa, to be preaant at the June 17 public hearing. Failure to appear could result in a deferral of the request for rezoning until a later date. Sincerely, Mary F. Parker, City Clerk MFP:sm Enc. TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Eutaw L. Bowling, TaxNos. 1311601 and 1312318, 2315 Pat- ) AFFIDAVIT terson Avenue, S.W., from HM to LM ) 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 Vkginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 24th day of May, 1996, notices of a public hearing to be held on the 5th day of June, 1996, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel 1312307 1312315 1312319 1312320 1311701 Owner. Anent or Occunant Roanoke Distributing Co., Inc. Leo Barber Ralph Smith, Inc. 1312409 Robert W. Thurman 1313001 BreakellInc. 1313002 1313102 1313004 1313101 N&W Address P. O.Box 4210 Roanoke, VA 24015 P. O.Box 4307 Roanoke, VA 24015 2141 Patterson Avenue, SW Roanoke, VA 24016 1112 Tipton Avenue, SE Roanoke, VA 24014 2314 Patterson Avenue, SW Roanoke, VA 24016 Norfolk Southern Corporation 8 N. Jefferson Street c/o Property Tax Dept. Roanoke, VA 24042 ace Franklin SUBSCRIBED AND SWORN to before me, a Nota~J Public, in the City of Roanoke, Virginia, My Comn ~ssion Expires: (/ .I. fi, '~_~/¢/! /qqq / 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, June 5, 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 Eutaw L. Bowling that property located at 2315 Patterson Avenue, S.W., designated as Official Tax Nos. 1311601 and 1312318, be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District. A copy of said application is available for review in the Department of Planning and Community Development, Room 162, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please print in newspaper on Tuesday, May 21, 1996 and Tuesday, May 28, 1996 Please bill and send affidavit of publication to: Department of Planning and Community Development Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 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 April 25, 1996 File ftc51 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. Eutaw L. Bowling requesting that a tract of land, containing 2.225 acres, more or less, located at 2315 Patterson Avenue, S. W., identified as Official Tax Nos. 1311601 and 1312318, be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eno. Carolyn H. Coles, Chairperson City Planning Commission April 25, 1996 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Mr. Eutaw L. Bowling, 4928 Pleasant Hill Drive, S. W., Roanoke, Virginia 24018 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk July 8, 1996 File #51 Daniel F. Layman, Jr., Attorney Woods, Rogers & Hazlegrove, P.L.C. P. O. Box 14125 Roanoke, Virginia 24038-4125 Dear Mr. Layman: I am enclosing copy of Ordinance No. 33011-070196 rezoning a tract of land located on the north side of Bennington Street, at its intersection with Mount Pleasant Boulevard and Rutrough Road, S. E., described as Official Tax No. 4250202, from CN, Neighborhood Commercial District, to C-2, General Commercial District, and that conditions currently applicable to the property be removed to facilitate the leasing by the petitioner of retail space in the shopping center currently constructed and operating on the property, as contained in the First Amended Petition filed in the City Clerk's Office on June 14, 1996. Ordinance No. 33011-070196 was adopted by the Council of the City of Roanoke on first reading on Monday, June 17, 1996, also adopted by the Council on second reading on Monday, July 1, 1996, and will be in full force and effect ten days following the date of its second reading. Sincerely, p~ Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. Daniel F. Layman, Jr., Attorney Woods, Rogers & Hazlegrove, P. LC. July 8, 1996 Page 2 pc: Davis H. Elliott Co., Inc., P. O. Box 12707, Roanoke, Virginia 24027 The Southland Corporation, c/o Southland Employees Trust, P. O. Box 719, RE No. 20489, Dallas, Texas 75221 Roanoke Hospital Association, P. O. Box 1336, Roanoke, Virginia 24040 Ms. Doris T. Thompson, et al, Route 1, Box 284-D, Fincastle, Virginia 24090 Ms. Eleanor J. Taylor, 1609 Rutrough Road, S. E., Roanoke, Virginia 24014 Ms. Deena M. Pritchard, 1719 Rutrough Road, S. E., Roanoke, Virginia 24014 Neva J. Smith, Executive Director, Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Mr. Percy Montague, III, c/o R. Schaefer Oglesby, et als, P. O. Box 559, Charlottesville, Virginia 22906 Mr. and Mrs. William F. Deal, 7009 Green Spring Lane, Alexandria, Virginia 22306 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director of Real Estate Valuation Kathy L. Brickey, Appraiser Aide, Real Estate Valuation Kit B. Kiser, Director of Utilities and Operations William F. Clark, Director of Public Works Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner John R. Marries, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, The 1st day of July, 1996. No. 33011-070196. VIRGINIA, AN ORDINANCE to amend §S36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 425, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, and to remove certain conditions presently binding upon certain property previously conditionally zoned CN, Neighborhood Commercial District. WHEREAS, CBL & Associates Limited, has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from CN, Neighborhood Commercial District, to C-2, General Commercial District, and to remove certain conditions presently binding upon Official Tax No. 4250202; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on June 17, 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 presented at hereinafter described provided. THEREFORE, BE IT Roanoke that S36.1-3, City's Comprehensive Plan, and the matters the public hearing, is of the opinion that the property should be rezoned as herein ORDAINED by the Council of the City of Code of the City of Roanoke (1979), as amended, and Sheet No. 425 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That tract of land located on the north side of Bennington Street, S.E., at its intersection with Mount Pleasant Boulevard, S.E., and Rutrough Road, S.E., and designated on Sheet No. 425 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 4250202, be, and is hereby rezoned from CN, Neighborhood Commercial District, to C-2, General Commercial District, and that certain conditions presently binding upon Official Tax No. 4250202 are hereby removed, pursuant to the First Amended Petition filed in the Office of the City Clerk on June 14, 1996, and that Sheet No. 425 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke City planning Commission June 17,1996 The Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Request from Daniel F. Layman, Jr., Attorney, representing CBL & Associates Limited, requesting that a tract of land located on the north side of Bennington Street and Rutrough Road, S. E., containing 8.82 acres, described as Official Tax Number 4250202 be rezoned from CN, Neighborhood Commercial District to C-2, General Commercial District, and that the current conditions on the property be removed. I. Backc~round: Property was rezoned from LM, Liqht Manufacturin,q to CN, Nei,qhborhood Commercial District in 1987 for the purposes of developing a neighborhood shopping center. Initially the rezoning request was for C-2. Issues discussed at the three Planning Commission hearings on the matter included development in the flood plain, traffic, use of industrial land for commercial purposes, and relationshio to other CN zoning in the area. Two petitions were later filed amending the request to CN zoning. The Planning Commission voted to deny the request by a tie vote on' the basis of loss of viable industrial land and the exaggeration of undesirable traffic conditions. The request was unanimously approved by City Council after considerable discussion of the pros and cons of the request and neighborhood support in favor of the rezoning. In July, 1987, the Board of Zonina Appeals approved a request for a variancP, for a food store with a ground floor area of 28,000 square feet in size in lieu of 15,000 square feet permitted in the CN district. Shoppinc~ Center construction was completed in 1989 Since that time, the rental of tenant spaces has been an issue, especially with regard to restaurants with primary take-out services. Out-parcels have not been developed. Room162 MunicipalBuilding 215ChurohAvenue, S.W. Roanoke, Virginia24011 (703)981-2344 Members of Council Page 2 Puroose of the rezonina reauest is to facilitate the leasine of retail space in the shopping center. Current zoninq of the property is CN, NeiQhborhood Commercial, with th,:, followin conditions: "The property will be used only for a neighborhood shopping center including a supermarket and retail shops." "If construction of a neighborhood shopping center on the property has not commenced within five (5) years from the date of adoption of the ordinance rezoning the tract, the zoning classification of the entire tract will revert to LM, Light Manufacturing District, or the equivalent classification then in effect." Petition to rezone property from CN, Neiqhborhood Commercial to C-2. General Commercial District (with no conditions), was filed on 4~4/96. Because traffic was an issue with the previous rezonin(3 re(3uest, a traffic. stud was conducted by the petitioner's consultant, Hayes Seay Mattern & Mattern, to evaluate the proposed zoning change and future land uses. Planning Commission public hearing on the request was held on May 1, 1996. After discussion of the leasing problems of the existing center, future commercial uses and traffic improvements, the Commission voted to approve the rezoning request by a unanimous vote of 5-0-1 (Mr. Butler absent and Mr. Bradshaw abstaining). It was noted that signage for the center should be in keeping with that of the CN district and that pedestrian access should be accommodated to the extent possible during city plan review for any new development on the outparcels. Signage in the C-2 district would be approximately double the size of that of the CN district (for this property, 975 sf versus 420 sf). III. Issues: Existinq zoning of the property is conditional CN, Neighborhood Commercial District. Zoning in the area is a mixture of Light and Heavy Manufacturing(LM, HM), Neighborhood and Office Commercial (CN, C-1), and Residential Multi-family (RM-1, RM-2). An adjacent shopping area on Riverland Road had been identified as a Neighborhood Center in the 1987 Comprehensive Plan. This was a primary factor in the requesting CN zoning in 1987. Members of Council Page 3 Land use of the property is a shopping center. Two out-parcels for future development adjacent to Rutrough Road are vacant. Adjacent uses include a convenience store, a medical clinic, city fire-training facility, and another shopping center (with out parcel). Residential uses are located along the perimeter of the area. Transportation corridors are identified as needing improvements. Modifications to the existing road system are included in the City's 1993 Thoroughfare Plan as a "medium priority", but are not included in the VDOT's FY 1995-96 Six-Year Imorovement Program. Improvements are not included in the Roanoke Valley Area Lonq-Ranae Transr~ortation Pla~ 1995-2015 because of the medium priority rating (only those projects with a high rating were able to be included in the 20-year plan). However, to meet traffic improvement needs, the City has allocated $100.000 in the 1996-200n Capital Improvement Plan for lane improvements to build storage capacities and facilitate traffic movement. While the intersection at Mount Pleasant Boulevard and Bennington Street currently meets the criteria for signalization, it ranks number 16 (Iow) out of a list of 23 intersections city-wide. Consequently, it is expected that the opportunity for funding a signal at the intersection (approximately $75,000) is several years away. property is located within the 100-year and 500-year flood plain. The existing shopping center was constructed above the 100-year floodplain, however, in 1993, the flood elevations were adjusted approximately two feet. Any future development would have to be elevated to at least two feet above the 100- year flood elevation. Economic vitality of existinq shopping center has been an issun because of the restricted uses in the CN zone, especially with respect to restaurants with take-out as a primary component of their operations. In addition, the development of the out-parcels for a fast food restaurant with a drive-through or a bank is desired by the Petitioners. CN zoning does not provide for fast food restaurants; C-2 zoning permits them as a Special Exception use based upon the meeting of standards set forth in the zoning code relative to compatibility, demands on water and sewer, traffic generation and street capacities, conformance with established zoning requirements and the comprehensive plan. Financial institutions are provided for in both CN and C- 2. Neiqhborhood orqanization for this area is the Garden City Civic Leaqu, ,. They were supporters of the initial rezoning request. G. Comprehensive Plan recommends that: Members of Council Page 4 Neiahborhood enhancement, preservation, improvement, and development should be encouraqed through public, private and voluntary action. Development or reuse of small neiclhborhood shoPPing areas to serve the needs of area residents should be encouraged through public policy and private actions. Regulations should ensure that neighborhood commercial uses are in keeping with the neighborhood's character. Development of new or existing commercial areas in the city should b9 carefully planned and designed to promote quality development and good land use. IV. Alternatives: A. City Council approve the rezoning request. 1. Zoning becomes C-2, General Commercial District. Land uses can be expanded to include fast-food restaurants and other uses permitted in the C-2 zone, Traffic study prepared by HSMM confirms that improvements are desirable for the transportation system in the arear especially at the intersection of Bennington Street and Mount Pleasant Boulevard where there is an acceptable, but Iow level of service. The HSMM study further indicates that even with a worst case traffic scenarin (development of the out parcels for a fast food restaurant, a bank, and full leasing of the existing shopping center), the projected increase in traffic will not adversely affect the level of service at affected intersections. The addition of auxiliary lanes and a traffic signal would provide for better service levels. 500-year flood plain may be affected by development of the out... parcels. The existing shopping center has been constructed above the 100-year flood elevation. 5. Economic vitality of the shoppinq center supported. Neiqhborhood omanization has not commented on the rezoning request. Comprehensive Plan could be followed Enhancement of the existing commercial development would be beneficial to the neighborhood. Members of Council Page 5 B. City Council deny the rezoning request. ,~QJ3JDg_[.~JDA~. Zoning is consistent with adjacent zoning across Riverland Road. Land use cannot include a fast-food restaurant. CN district provides for many small retail, office and service uses (less than 5,000 sf), including financial institutions and restaurants with no drive-through window or take-out as a primary part of their operation. Transportation corridor improvements are still desirable. Additional leasing of the center or development of the out parcels would not significantly affect traffic movements. Flood plain is still an issue. Future development would have to be located two feet above the base flood elevation. 5. Economic vitality of the existing shopping center may still be an issue. 6. Neighborhood not affected; zoning remains unchanged. 7. Comprehensive Plan could be followed. V. Recommendation: By a vote of 5-0-1 (Mr. Butler absent for vote and Mr. Bradshaw abstaining), the Planning3 Commission recommends that City Council approve the rezoning request. While CN zoning may be preferable in the area to maintain the scale of commercial development in the neighborhood and the types of land uses, it appears that a change to C-2 would assist the development and operation of the existing shopping center, thereby maintaining its viability. Consequently, the Neighborhood Commercial designation for this area may need further evaluation. The traffic study completed by HSMM indicates that the proposed zoning change would not significantly affect the levels of service at intersections. It would be desirable to have transportation corridor improvements in place prior to expanded commercial development, including a traffic signal; however, only auxiliary lane improvements are currently in the City's Capital Improvement Program. The issue of the amount of commercial signage is still being discussed with the petitioner. Members of Council Page 6 CHC:ESL attachments cc: Assistant City Attorney Attorney for the Petitioner Respectfully submitted, Carolyn H. Coles, Chairman Roanoke City Planning Commission MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOK 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 14, 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 Daniel F. Layman, Jr., Attorney, representing CBL & Associates Limited, requesting that a tract of land located on the north side of Bennington Street and Rutrough Road, S. E., containing 8.82 acres, described as Official Tax No. 4250202, be rezoned from CN, Neighborhood Commercial District, to C-2, General Commercial District, and that conditions currently applicable to the property be removed to facilitate the leasing by the petitioner of retail space in the shopping canter currently constructed and operating on the property. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:gd Enc. Carolyn H. Coles, Chairperson City Planning Commission June 14, 1996 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council The Honorable C. Nelson Harris, Council Member-Elect, 2813 Edgewood Street, S. W., Roanoke, Virginia 24015 The Honorable Carroll E. Swain, Council Member-Elect, 3434 Kershaw Road, N. W., Roanoke, Virginia 24017 The Honorable James O. Trout, Council Member-Elect, 2102 Stephenson Avenue, S. W., Roanoke, Virginia 24014 Daniel F. Layman, Jr., Attorney, Woods, Rogers & Hazelgrove, P. O. Box 14125, Roanoke, Virginia 24038-4125 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE IN RE: ) ) Rezoning of a tract of land lying) on the north side of Bennington Street, S.E. at its intersection with Mount Pleasant Boulevard, S.E. and Rutrough Road, S.E., from CN, Neighborhood Commercial District to C-2, General Commercial District TO: The Honorable Mayor and Members of of Roanoke FIRST AMENDED PETITION FOR REZONING the Council of the City (1) The petitioner, CBL & Associates Limited, is the owner of a tract of land located in the City of Roanoke, Virginia, on the north side of Bennington Street, S.E., and Rutrough Road, S.E., containing 8.82 acres and designated on the Roanoke City Appraisal Map as Official Tax No. 4250202. The tract is currently zoned CN, Neighborhood Commercial District. A copy of Roanoke City Appraisal Map Sheet 425 showing the property to be rezoned is attached to this petition as Exhibit A. (2) Pursuant to Article VII of Chapter 36.1 of the Code of the City of Roanoke, the petitioner requests that the said property be rezoned from CN, Neighborhood Commercial District, to C-2, General Commercial District, and that the conditions currently applicable to the property be removed, to facilitate the leasing by petitioner of retail space in the shopping center currently constructed and operating on the property. M#323094 (3) The petitioner believes that the rezoning of said property will further the intent and purpose of the Zoning Ordinance and the Comprehensive Plan of the City of Roanoke by broadening the opportunities for development of an established shopping center in an area which is now underserved by substantial shopping facilities. This property was rezoned from LM to CN in July 1987. Since that rezoning a shopping center has been constructed and has operated with a Food Lion supermarket as its anchor tenant and other retail shops. (A site plan of the existing center is attached hereto as Exhibit C.) The limitations imposed by the CN classification have, however, restricted to such a degree the permitted retail uses that the shopping center has never been fully leased and the outparcels never developed. Opportunities for further leasing and development have been lost by the owner due to these restrictions. As a result, this commercial property remains substantially underutilized, even though located in an area of the City that needs more first class retail and service opportunities for its residents. (4) Zoning conditions currently applicable to the property restrict its use to a "neighborhood shopping center" and provide for revision of its zoning classification to LM if a shopping center were not constructed there by July 1992. The latter condition has been fulfilled by construction of the center, and the former is inconsistent with the broadening of permitted uses sought by this rezoning petition. Petitioner accordingly M#323094 2 requests that these conditions be terminated effective with the rezoning to C-2. (5) The petitioner hereby proffers and agrees that if said property is rezoned as requested, the rezoning will be subject to the following condition by which the petitioner agrees to abide: No outdoor advertising (i.e., the provision of outdoor signs, displays, or display space on a lease or rental basis) will be permitted on the property. (6) Attached as Exhibit B are the names and addresses of the owners of all property immediately adjacent to or across adjoining streets from the property to be rezoned. WHEREFORE, the petitioner requests that the above-described tract be rezoned as requested, and the existing zoning conditions terminated, in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted, 0BL ASSOO ATES LIMITED By Of Counsel Daniel F. Layman, Jr. Woods, Rogers & Hazlegrove, P. O. Box 14125 Roanoke, VA 24038-4125 P.L.C. Counsel for the Petitioner M#323094 3 $/-~ EF..T '?_~o.,4~,~ EXHIBIT B to Rezoninq Petition of CBL & Associates Limited Tax--umber Owner 4250301 4250302 4250303 4250201 4250203 4360602 4360601 4460102 4460101 4450401 4350607 4350611 IDICO 1912 Ninth Street, Roanoke, VA 24013 Davis H. Elliott Co., P. O. Box 12207 Roanoke, Va 24027 The Southwind Corporation P. O. Box 719 Dallas, TX 75221 City of Roanoke/Roanoke Water Co. 210 Campbell Avenue, S.W. Roanoke, VA 24011 Roanoke Hospital Association P. O. Box 6359 Roanoke, VA 24014 City of Roanoke Mount Pleasant Boulevard, Roanoke, VA 24014 Doris T. Thompson et al. Route 1, Box 284-D Fincastle, VA 24090 Eleanor Jayne Taylor 1609 Rutrough Road, S.E. Roanoke, VA 24014 Deena M. Pritchard 1719 Rutrough Road, Roanoke, VA 24014 City of Roanoke Redevelopment and Housing Authority P. O. Box 6359 Roanoke, VA 24017 Percy Montague III et al. c/o Joe Cochran P. O. Box 559 Charlottesville, VA 22906 M#323094 4350603 William F. and Debra M. Deal 7009 Green Spring Lane Alexandria, VA 22306 M#323094 5 Exhibit C [Site plan was filed with the original petition and is duplicated with this amendment.] not MARY E 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 June 4,1996 File ~51 SANDRA H. EAKIN Deputy City Clerk Daniel F. Layman, Jr., Attorney Woods, Rogers & Hazlegrove, P.L.C. P. O. Box 14125 Roanoke, Virginia 24038-4125 Dear Mr. Layman: 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, June 17, 1996, at 7:00 p.m:, or as soon thereafter as the matter may be heard, on the request of CBL & Associates Limited that a tract of land located on the north side of Bennington Street, at its intersection with Mount Pleasant Boulevard and Rutrough Road, S. E., described as Official Tax No. 4250202, be rezoned from CN, Neighborhood Commercial District, to C-2, General Commercial District, and that conditions currently applicable to the property be removed to facilitate the leasing by the petitioner of retail space in the shopping center currently constructed and operating on the property. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance and 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 Attomey, 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/AAE City Clerk MFP:sm Enc. Daniel F. Layman, Jr., Attomey Woods Rogers & Hazlegrove, P.L.C. June 4,1996 Page 2 pc: Davis H. Elliott Co., Inc., P. O. Box 12707, Roanoke, Virginia 24027 The Southland Corporation, c/o Southland Employees Trust, P. O. Box 719, RE No. 20489, Dallas, Texas 75221 Roanoke Hospital Association, P. O. Box 1336, Roanoke, Virginia 24040 Doris T. Thompson, et al, Route 1, Box 284-D, Fincastle, Virginia 24090 Ms. Eleanor J. Taylor, 1609 Rutmugh Road, S. E., Roanoke, Virginia 24014 Ms. Deena M. Pritchard, 1719 Rutrough Road, S. E., Roanoke, Virginia 24014 Neva J. Smith, Executive Director, Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Mr. Percy Montague, III, c/o R. Schaefer Ogleeby, et als, P. O. Box 559, Charlottesville, Virginia 22906 Mr. and Mrs. William F. Deal, 7009 Green Spdng Lane, Alexandria, Virginia 22306 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: CBL & Associates, Official Tax No. 4250202, on Bennington ) at intersection of Mt. Pleasant and Rutrough, from CN to C-2 ) 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 22nd day of April, 1996, notices ora public hearing to be held on the 1st day of May, 1996, on the rezoning captioned above to the owner or agent of the parcels listed Parcel 4250302 4250201 4250203 4360601 4360602 4460102 4460101 4450401 4350607 4350611 4350603 below at their last known address: Owner, Agent or Occupant Davis H. Elliott Co., Inc. The Southland Corporation c/o Southland Employees Trust City of Roanoke Roanoke Hospital Association Doris T. Thompson, et al Eleanor Jayne Taylor Deena M. Pritchard City of Roanoke Redevelopment and Housing Authority Percy Montague, III c/o R. Schaefer Oglesby, et als William F. and Debra Deal Martha Pace Franklin Address P. O. Box 12707 Roanoke, VA 24027 P. O. Box 719, RE#20489 Dallas, TX 75221 P. O. Box 1336 Roanoke, VA 24040 Route 1, Box 284-D Fincastle, VA 24090 1609 Rutrough Road, SE Roanoke, VA 24014 1719 Ruthrough Road, SE Roanoke, VA 24014 P. O. Box 6359 Roanoke, VA 24017 P. O. Box 559 Charlottesville, VA 22906 7009 Green Spring Lane Alexandria, VA 22306 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 22nd day of April, 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 240l].-1536 Telephone: (540) 981-254i Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk April 8, 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 Daniel F. Layman, Jr., Attorney, representing CBL & Associates Limited, requesting that a tract of land located on the north side of Bennington Street and Rutrough Road, S. E., containing 8.82 acres, described as Official Tax No. 4250202, be rezoned from CN, Neighborhood Commercial District, to C-2, General Commercial District, and that conditions currently applicable to the property be removed to facilitate the leasing by the petitioner of retail space in the shopping center currently constructed and operating on the property. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:gd Enc. Carolyn H. Coles, Chairperson City Planning Commission April 8, 1996 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Daniel F. Layman, Jr., Attorney, Woods, Rogers & Hazelgrove, P. O. Box 14125, Roanoke, Virginia 24038-4125 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 DANIEL F. LAYMAN, JR. 540 983-7653 IbrlERNET: layman~woodsrogers.¢om WOODS, ROGERS & HA7] ,EGROVE Attorneys at Law April 4, 1996 Evelyn S. Lander City of Roanoke Planner Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 HAND DELIVERED In Re: CBL & Associates Limited -- Beunington Plaza Shopping Center Dear Evie: We are submitting with this letter a Petition for Rezoning on behalf of CBL & Associates Limited, seeking rezoning of Bennington Plaza Shopping Center from CN to C-2 and also seeking termination of the zoning conditions currently applicable to this property. Enclosed with this letter for your information are four (4) copies of a site plan for the property as it currently exists (we can obtain more copies of the plan if necessary) and a letter agreement between CBL and Hayes, Seay, Mattern & Mattern, Inc. for a study projecting the effects of the proposed rezoning on traffic conditions at the site. We attach the Hayes, Seay agreement so that you may see what information is being developed. We anticipate that the study will be ready for submission to the City within the next week. Please let me know if staff has questions or needs additional information as this application is considered. CBL is a highly reputable developer and will cooperate with the City to any reasonable extent to help make this project more viable than it currently is. Yours truly, WOODS, ROGERS & HAZLEGROVE, P.L.C. Daniel F. Layman, Jr. DFLJr:gfw Enclosure cc: Mr. Bruce Goldberg (w/encl.) M#328499 E O. Box 14125 / Roanoke, Virginia 24038 4125 10 South Jefferson Street, Suite 1400 / Roanoke, Virginia 24011 540 983-760(I / 800 552-4529 / Fax 540 983-7711 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, May 1, 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 CBL & Associates Limited, represented by Daniel F. Layman, Jr., Attorney, that property located on the north side of Bennington Street, S.E., at its intersection with Mount Pleasant Boulevard and Rutrough Road, S.E., designated as Official Tax No. 4250202, be rezoned from CN, Neighborhood Commercial District, to C-2, General Commercial District, and that conditions proffered under Ordinance No. 28716 rezoning the property to CN be removed. 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, April 16, 1996 and April 23, 1996 Please bill: Daniel F. Layman, Jr., Attorney Woods, Rogers, and Hazlegrove P. O. Box 14125 Roanoke, VA 24038-4125 Please send affidavit of publication to: Department of Planning and Community Development Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk April 8, 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 Daniel F. Layman, Jr., Attorney, representing CBL & Associates Limited, requesting that a tract of land located on the north side of Bennington Street and Rutrough Road, S. E., containing 8.82 acres, described as Official Tax No. 4250202, be rezoned from CN, Neighborhood Commercial District, to C-2, General Commercial District, and that conditions currently applicable to the property be removed to facilitate the leasing by the petitioner of retail space in the shopping center currently constructed and operating on the property. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:gd Enc. Carolyn H. Coles, Chairperson City Planning Commission April 8, 1996 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Daniel F. Layman, Jr., Attorney, Woods, Rogers & Hazelgrove, P. O. Box 14125, Roanoke, Virginia 24038-4125 John R. Marlles, Agent, City Planning Commission ~artha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney VIRGINIA: IN RE: TO: IN T~$ COUNCIL OF THE CITY OF ROANOKE ) ) Rezoning of a tract of land lying) on the north side of Bennington Street, S.E. at its intersection with Mount Pleasant Boulevard, S.E. and Rutrough Road, S.E., from CN, Neighborhood Commercial District to C-2, General Commercial District PETITION FOR REZONING The Honorable Mayor and Members of the Council of the City of Roanoke (1) The petitioner, CBL & Associates Limited, is the owner tract of land located in the City of Roanoke, Virginia, on of a the north side of Bennington Street, S.E., and Rutrough Road, S.E., containing 8.82 acres and designated on the Roanoke City Appraisal Map as Official Tax No. 4250202. The tract is currently zoned UN, Neighborhood Commercial District. A copy of Roanoke City Appraisal Map Sheet 425 showing the property to be rezoned is attached to this petition as Exhibit A. (2) Pursuant to Article VII of Chapter 36.1 of the Code of the City of Roanoke, the petitioner requests that the said property be rezoned from CN, Neighborhood Commercial District, to C-2, General Commercial District, and that the conditions currently applicable to the property be removed, to facilitate the leasing by petitioner of retail space in the shopping center currently constructed and operating on the property. M#323094 (3). The petitioner believes that the rezoning of said property will further the intent and purpose of the Zoning Ordinance and the Comprehensive Plan of the City of Roanoke by broadening the opportunities for development of an established shopping center in an area which is now underserved by substantial shopping facilities. This property was rezoned from LM to CN in July 1987. Since that rezoning a shopping center has been constructed and has operated with a Food Lion supermarket as its anchor tenant and other retail shops. (A site plan of the existing center is attached hereto as Exhibit C.) The limitations imposed by the CN classification have, however, restricted to such a degree the permitted retail use~ that the shopping center has never been fully leased and the outparcels never developed. Opportunities for further leasing and development have been lost by the owner due to these restrictions. As a result, this commercial property remains substantially underutilized, even though located in an area of the City that needs more first class retail and service opportunities for its residents. (4) Zoning conditions currently applicable to the property restrict its use to a ,,neighborhood shopping center" and provide for revision of its zoning classification to LM if a shopping center were not constructed there by July 1992. The latter condition has been fulfilled by construction of the center, and the former is inconsistent with the broadening of permitted uses sought by this rezoning petition. Petitioner accordingly M#323094 2 requests that these conditions be terminated effective with the rezoning to C-2. (5) Attached as Exhibit B are the names and addresses of the owners of all property immediately adjacent to or across adjoining streets from the property to be rezoned. WHEREFORE, the petitioner requests that the above-described tract be rezoned as requested, and the existing zoning conditions terminated, in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted, CBL & ASSOCIATES LIMITED Daniel F. Layman, Jr. Woods, Rogers & Hazlegrove, P. O. Box 14125 Roanoke, VA 24038-4125 Of Counsel P.L.C. Counsel for the Petitioner M#323094 3 \ \ \ \ ' \ _ . EXHIBI~ A ZONING NAP SMEET '-'°- 425 EXHIBIT B to Rezonin~ Petition of CBL & Associates Limited Tax MaD Number Owner 4250301 IDICO 1912 Ninth Street, S.E. Roanoke, VA 24013 4250302 4250303 Davis H. Elliott Co., P. O. Box 12207 Roanoke, Va 24027 Inc. 4250201 The Southwind Corporation P. O. Box 719 Dallas, TX 75221 4250203 City of Roanoke/Roanoke Water Co. 210 Campbell Avenue, S.W. Roanoke, VA 24011 4360602 Roanoke Hospital Association P. O. Box 6359 Roanoke, VA 24014 4360601 City of Roanoke Mount Pleasant Boulevard, Roanoke, VA 24014 4460102 Doris T. Thompson et al. Route 1, Box 284-D Fincastle, VA 24090 4460101 Eleanor Jayne Taylor 1609 Rutrough Road, S.E. Roanoke, VA 24014 4450401 Deena M. Pritchard 1719 Rutrough Road, Roanoke, VA 24014 S.Eo 4350607 City of Roanoke Redevelopment and Housing Authority P. O. Box 6359 Roanoke, VA 24017 4350611 Percy Montague III et al. c/o Joe Cochran P. O. Box 559 Charlottesville, VA 22906 M#32309% 4350603 William F. and Debra M. 7009 Green Sprin9 Lane Alexandria, VA 22306 Deal M#323094 5 Ad Number: Publisher's Fee: DANIEL F. LAYMAN, P.O. BOX 14125 ROANOKE, VA 53177013 $116.00 JR., A 24038-4125 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 Time~, 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: 05/31/96 FULL RUN - Friday 06/07/96 FULL RUN - Friday Witness, this 10th day of June 1996 Authorized Signature NOTICE OF PUBUC HEARING TO WHOM IT MAY CONCERN: Pursuant to the pro~slons of ~50~02. 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, June 17, 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 CN, Neighborhood Commercial District, to C-2, General Commercial District, and on the question of removing the current proffered conditions applicable to, the following property: A tract of land located on the north side of Bennington Street, S.E., at its intersection with Mount Pleasant Boulevard, S.E., and Rutrough Road, $.E., and bearing Official Tax No. 4250202. 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 29th day of May , 1996. Mary F. Parker, City Clerk. Publish in the ~, once on Thursday, June 6, 1996. Send publisher's affidavit to: Send bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Daniel F. Layman, Jr., Attorney P. O. Box 14125 Roanoke, Virginia 24038-4125 Publish in the Rszall.9.kr,_TAIB~, once on Friday, May 31, 1996, and once on Friday, June 7, 1996. Send publisher's affidavit to: MaW F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Send bill to: Daniel F. Layman, Jr., Attorney P. O. Box 14125 Roanoke, Virginia 24038-4125 MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roaaoke, Virginia 24011-I536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk July 8, 1996 File ff.51 Alton B. Prillaman, Attorney Jolly, Place, Fralin and Prillaman P. O. Box 20487 Roanoke, Virginia 24018 Dear Mr. Prillaman: I am enclosing copy of Ordinance No. 33012-070196 rezoning two tracts of land located on the southerly side of Campbell Avenue, S. E., identified as Official Tax Nos. 4011102 and 4011103, from LM, Light Manufacturing District, to C-3, Central Business District, the rezoning of Official Tax No. 4011103 to be subject to certain conditions proffered by the petitioner, as contained in the Third Amended Petition filed in the City Clerk's Office on May 13, 1996. Ordinance No. 33012-070196 was adopted by the Council of the City of Roanoke on first reading on Monday, June 17, 1996, also adopted by the Council on second reading on Monday, July 1, 1996, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Alton B. Prillaman, Attorney Jolly, Place, Fralin and Prillaman July 8, 1996 Page 2 pc: Mr. Randall W. Brown, 804 Moorefield Road, Apartment 302, Richmond, Virginia 23236 Murphy Oil USA, Inc., P. O. Box 7000, El Dorado, Arizona 71731 Born Again Christian Construction Co., Route 1, Box 189-A, Madison Heights, Virginia 24575 Mr. John Solomond, 9000 Swift Creek Road, Fairfax Station, Virginia 22039 Mr. John N. Lampros, 1902 Cantle Lane, S. W., Roanoke, Virginia 24018 Jeanne Sanborn, Agent, Real Estate and Contract Services, Norfolk Southern Corporation, 110 Franklin Road, S. E., Roanoke, Virginia 24042-0059 Mr. and Mrs. Glenn E. Moore, 321 Campbell Avenue, S. E., Roanoke, Virginia 24013 Ralph Smith, Inc., 2141 Patterson Avenue, S. W., Roanoke, Virginia 24016 Mr. Benton Miller, 2569 Hidden Valley Road, Hiawassee, Georgia 30546 Colonial Outdoor Advertising, Inc., 2512 Carolina Avenue, S. W., Roanoke, Virginia 24014 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director of Real Estate Valuation Kathy L. Brickey, Appraiser Aide, Real Estate Valuation Kit B. Kiser, Director of Utilities and Operations William F. Clark, Director of Public Works Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, The 1st day of July, 1996. No. 33012-070196. VIRGINIA, AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 401, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, JJ&T Partnership and Randall Wayne Brown, has made application to the Council of the City of Roanoke to have property bearing Official Tax No. 4011103 rezoned from LM, Light Manufacturing District, to C-3, Central Business District; and WHEREAS, Randall Wayne Brown has made application to the Council of the City of Roanoke to have property bearing Official Tax No. 4011102 rezoned from LM, Light Manufacturing District, to C-3, Central Business District, subject to certain conditions proffered by t~e applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned the City of Roanoke (1979), as public hearing on the matter, Council; and as required by S36.1-693, Code of amended, and after conducting a has made its recommendation to WHEREAS, a public hearing was held by City Council on said application at its meeting on June 17, 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 Roanoke that S36.1-3, ORDAINED by the Council of the City of Code of the City of Roanoke (1979), as amended, and Sheet No. 401 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: 1. That certain tract of land located on the southerly side of Campbell Avenue, S.E., and designated on Sheet No. 401 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 4011102, be, and is hereby rezoned from LM, Light Manufacturing District, to C-3, Central Business District, as set forth in the Third Amended Petition filed in the Office of the City Clerk on May 13, 1996, and that Sheet No. 401 of the Zone Map be changed in this respect; and 2. That certain tract of land located on the southerly side S.E., and designated on Sheet No. 401 of the Map, City of Roanoke, as Official Tax No. of Campbell Avenue, Sectional 1976 Zone 4011103, be, and is hereby District, to C-3, Central proffers contained in the rezoned from LM, Light Manufacturing Business District, subject to the Third Amended Petition filed in the Office of the City Clerk on May 13, 1996, and that Sheet No. 401 of the Zone Map be changed in this respect. ATTEST: City Clerk. R?enoke., City Planning Commission June 17, 1996 The Honorable David A. Bowers, Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Request from JJ&T Partnership, Petitioner, for property on Campbell Avenue, S.E., identified as Official Tax Number 4011103, and from Randall Wayne Brown, Petitioner, for property located on Campbell Avenue, S.E., identified as Official Tax Number 4011102, represented by Alton B. Prillaman, Attorney, of Jolly, Place, Fralin & Prillaman, P. C., be rezoned from LM, Light Manufacturing District, to C-3, Central Business District, such rezoning subject to certain conditions proffered by JJ&T Partnership for the parcel with Official Tax Number 4011103. I. Current Situation is as follows: ~ of the parcel having Official Tax Number 4011103 was a non-conforming convenience store with gas islands. The use has been discontinued for less than two (2) years. ~ of the parcel with Official Tax Number 4011102 is as a leased parking facility which also is a non-conforming use. Pumoses ofrezoning request for the two tracts which comprise approximately 0.62 acres are as follows: To place the property into a conforming zoning district classification that would permit JJ&T Partnership, owner of the parcel with Official Tax Number 4011103, to redevelop the property by building a new convenience store on the site and to continue the sale of gasoline via the use of the existing gasoline islands as a "grandfathered" use, with the former convenience store to either be removed or used for storage purposes only; and Room162 MunicipalBuilding 215ChurchAvenue, S.W. Roanoke, Virginia24011 (703)981-2344 Members of Council Page 2 To place the leased parking facility on the parcel with Official Tax Number 4011102 into a conforming zoning district classification. ff approved, the rezoning would minimally expand the use of the parcel identified as tax number 4011103 as a neighborhood convenience store with no expansion of gasoline sales. According to petitioner, the use of the parcel identified as tax number 4011102 would remain the same, a public parking facility. Ori~nal petition to rezone was filed on March 7, 1996. The following conditions were proffered by JJ&T Partnership for pared 4011103: That the proposed development on Tax Map Number 4011103 will be in substantial conformity with the concept site plan prepared by John P. Cone, Jr., Architect, dated February 1996, a copy of which is attached to this Petition as EXHIBIT C, subject to comprehensive site development plan review by the City. Upon completion and occupancy of the new proposed convenience store on the property, the existing buildings will be limited to storage only. E. First amended petition to rezone was filed on April 22, 1996. F. Second amended petition was filed on April 30. Planning, Commission public hearing was held on Wednesday, May 1, 1996. Mr. Alton Prillaman, attorney, appeared on behalf&the petitioners. He stated that tax parcel 4011103 had been used as a convenience store and service station for 51 years. He said his client wished to construct a new convenience store on the same site and to use the existing structure for storage related to the convenience store. He said also that the existing gasoline islands/pumps would remain in their current location. In response to questions from the commissioners, Mr. Prillaman and petitioner agreed to amend the wording &proffers to reflect that the existing convenience store structure would either be removed or used for storage only; that the barrier fence located at the top of the retaining wall would be a chain-link fence; that the existing retaining wall would be not only painted but also maintained; and that the proffered conditions would be met within 18 months &the effective date &the rezoning or 90 days of the issuance of a certificate of occupancy, whichever is less. Tamasin Roop, city planner, gave the staff report. She stated that the rezoning would place two non-conforming uses into a district where they would be Members of Council Page 3 permitted. She also noted that the parcels are within the special flood hazard area; therefore, a floodplain elevation certificate would be required prior to development plan review and all development would be subject to the floodplain development regulations set out in the city's zoning and building codes. Ms. Roop explained that while the applicant was requesting a change in the designation of industrially zoned land, staff felt the rezoning would be appropriate because the parcels' rocky terrain and limited size make them less attractive for industrial uses and because a mixture of light industrial and commercial uses already exists along Campbell Avenue, S.E. Ms. Roop said that no comments about the rezoning had been received by the planning department from the neighborhood organization or any adjoining property owner. She reviewed the comprehensive plan recommendations, stating that the staff recommended approval of the rezoning request. Third amended ne~iti0n was filed May 13, 1996. The following conditions were proffered by JJ&T Partnership for parcel 4011103: That the proposed development on Tax Map #4011103 will be in substantial conformity with the site plan prepared by John P. Cone, Jr., Architect, dated February 1996, a copy of which is attached to this Petition as EXHIBIT C, subject to comprehensive site development plan review by the City. Upon completion and occupancy of the new proposed convenience store on the property, JJ&T proffers that the new building will be used solely for a neighborhood convenience store, and that the existing building, the former "Spur Station," will be removed or used for storage only. The inside area to be used for storage will be attractively screened with Venetian or other blinds, from public view. JJ&T will paint and maintain the existing retaining wall a neutral or earth tone color. In lieu of the required 10 foot buffer, JJ&T will construct a barrier type fence, made of chain link, along the entire length of the rear property line, 5 to 6 feet in height to buffer the property from the public, subject to the approval of the zoning administrator. The proffered conditions as set forth herein shall be met within 18 months from the date of the effective date of the rezoning or 90 days from the date of a certificate of occupancy for the new building, whichever is earlier. Members of Council Page 4 No conditions were proffered for parcel 4011102 which is used currently as a non-conforming public parking facility. II. 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 ngrth is HM, Heavy Manufacturing; to the South is RM-2, Residential Multifamily District, Medium Density District; to the west is C-3, Central Business District; and to the east is LM, Light Manufacturing District. Land uses surrounding the subject properties are as follows: to the north are the Norfolk Southern shop and yards; to the S0~h are multifamily residences; to the eg~t are some LM, Light Manufacturing, and some commercial uses; and to the west is the Central Business District. Multifamily residential uses to the south are elevated above and separated from the subject properties by a steep embankment and wooded area. Floodplain Develooment Regulations apply to these parcels as it has been determined that a portion of the subject properties is located within a special flood hazard area. Therefore, a floodplain elevation certificate would be required prior to development plan review and all development would be subject to the floodplain development regulations set forth in the zoning and building codes. Access to the property is provided via Campbell Avenue, S.E. The City Traffic Engineer has stated that traffic is not a concern since the proposed use is similar to the former use and that most business generated would be from pass-by traffic. Si~nage would remain the same as it is currently in terms of size and location, the petitioner has stated. No conditions were proffered limiting signage. Site improvement~ would include painting the retaining wall at the rear of the property and screening from public view, via blinds or similar means, the interior of the existing structure which would be used for storage only. Landscaned buffer screen is required along the entire rear boundary of the property that adjoins a residential district. In lieu of the landscaped butter screen, JJ&T Partnership has proffered using a 5 to 6-foot-high, chain-link fence at the top of the retaining wall as a safety measure. Industrial land in the city has been identified as a valuable economic asset which should be protected. The classification of these two parcels for commercial purposes is considered appropriate for several reasons, including: Members of Council Page 5 III. The area's rocky terrain which would require extensive and expensive excavation in order to make these two parcels a viable industrial site; The limited size of the parcels which restricts the permitted light industrial uses which are feasible; and The mixture of commercial and light industrial uses which already exist along Campbell Avenue, S.E. Neighborhood organization for this area is the Southeast Action Forum which was initially notified of the petition to rezone by letter mailed March 26, 1996, and, after the petition was continued to the May Planning Commission meeting, was renotified by letter mailed April 12, 1996. Adjoining property owners were similarly notified. To date, no comments have been received by the Department of Planning and Community Development. J. ~Comprehensive Plan recommends that: The city support continued downtown development as a center for office, government and supporting retail services; and Development of new or existing commercial and industrial areas in the city should be carefully planned and designed to promote quality development and good land use. Alternatives are as follows: A. Planning Commission approv~ the rezoning request. Zoning would become C-3, Central Business District, and the proposed development of parcel number 411103 for a neighborhood convenience store with grandfathered gasoline islands would be allowed to take place; the use of parcel number 411102 would continue as a public parking lot. Land uses. as cited above, would conform to the zoning classification. Surrounding land uses would remain the same. Floodplain Development Regulations would apply to any development taking place in the 100-year floodplain, as determined by a floodplain elevation certificate provided prior to comprehensive development plan review. Members of Council Page 6 4. 5. 6. ACq:~O~ would not change. Signage would remain as it is currently, acco{ding to petitioner's agent. Site improvements would include painting the retaining wall and screening the interior of the building used for storage. 7. Landscaped buffer ~creen is required but petitioner has proffered barrier fence in lieu of screen for added safety due to the slope and height of the retaining wall and embankment at the rear of the property identified as tax number 4011103. 8. Industrial lgnd, although not preserved for industrial development, would be appropriately redeveloped. 9. Neighborhood organization is the Southeast Action Forum. No comments have been received from the organization or adjacent property owners. 10. Comprehensive Plan issues, as set forth, would be addressed. City_ Council deny the rezoning request. 1. Zoning would remain LM, Light Manufacturing District, and future use of the parcel identified as tax number 4011103 for its former purposes, as a neighborhood convenience store with grandfathered gas sales, would not be allowed. It would remain vacant, developed property. The parcel identified as 4011102 would remain vacant, undeveloped property. 2. Land uses of subject properties would remain non-conforming. Surrounding land uses would remain the same. 3. Floodplain Development Regulations would apply to any redevelopment of subject properties. 4. Access would not be an issue. 5. Signage would not be an issue. 6. Site improvements would not be an issue. 7. Landscaped buffer screen would not be an issue. Members of Council Page 7 8. Industrial land would be protected; however, the desirability of these parcels for light industrial uses would be an issue given parcel size, site preparation costs and similar factors. 9. Neighborhood organization would not be an issue. 10. Comprehensive Plan issues could be addressed at a later time. Recommendation is as follows: The Planning Commission, by a vote of 7-0, recommends approval of the requested rezoning, finding that the proposed rezoning would minimally expand the former use of parcel 4011103 and would place both non-conforming uses, the convenience store and public parking lot, into a conforming zoning district. Respectfully submitted, Carolyn H. Coles, Chairman Roanoke City Planning Commission IV. JRM:TR:mpf attachments Assistant City Attorney Director of Public Works City Engineer Building Commissioner Petitioners' Agent MARY E PARKE~, CMC/AAE Cie/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. EAKIN Dcpu~ Ci~ Clerk May 13, 1996 File fl51 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 third amended petition from Alton B. Prillaman, Attorney, representing JJ&T Partnership and Randall Wayne Brown, requesting that two tracts of land located on the southerly side of Campbell Avenue, S. E., identified as Official Tax Nos. 4011102 and 4011103, be rezoned from LM, Light Manufacturing District, to C-3, Central Business District, with the rezoning of Official Tax No. 4011103 to be subject to certain conditions proffered by JJ & T Partnership. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Carolyn H. Coles, Chairperson City Planning Commission May 13, 1996 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council The Honorable C. Nelson Harris, Council Member-Elect, 2813 Edgewood Street, S. W., Roanoke, Virginia 24015 The Honorable Carroll E. Swain, Council Member-Elect, 3434 Kershaw Road, N. W., Roanoke, Virginia 24017 The Honorable James O. Trout, Council Member-Elect, 2102 Stephenson Avenue, S. W., Roanoke, Virginia 24014 Alton B. Prillaman, Attorney, P. O. Box 20487, Roanoke, Virginia 24018 ~Mahn R. Marlles, Agent, City Planning Commission rtha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE= Rezoning of two tracts of land lying in the City of Roanoke, identified as Official Tax Map #4011102 and 4011103; lying on the southerly side of Campbell Avenue, S.E., Roanoke, Virginia, from LM, Light Manufacturing District to C3, Central Business District, subject to certain conditions proffered by JJ&T Partnership and pertaining to parcel under Official Tax Map #4011103. TWTRD AMENDED PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE= The Petitioner, JJ&T Partnership (hereinafter "JJ&T) have contracted to purchase land in the City of Roanoke containing 0.367 acres, more or less, located along the southerly side of Campbell Avenue and being Tax Map Number 4011103 (a plat of which is attached as EXHIBIT A). Manufacturing District: land adjacent to said Said tract is currently zoned LM, Light The Petitioner, Randall Wayne Brown, owns property, containing approximately 0.25 acres, more or less, described as Tax Map Number 4011102 (shown on tax map attached as EXHIBIT B). Said tract is currently zoned LM, Light Manufacturing District. Pursuant to §36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner, JJ&T requests that the said property (Tax Map %4011103) be rezoned from LM, Light Manufacturing District to C3, Central Business District, subject to certain conditions set forth below, for the purpose of constructing a new convenience store shown on the site plan attached as EXHIBIT C. Petitioner, Randall Wayne Brown (Tax Map %4011102), joins in this request to rezone his property from LM, Light Manufacturing District to C3, Central Business District, for the purpose of placing the existing leased parking facility into a conforming zoning district classification. The Petitioners believe the rezoning of the said tracts of land will further the intent and purposes of the City Zoning Ordinance and its Comprehensive Plan in that it will bring the existing and proposed development into conformity with the appropriate zoning classification. PROFFERS UNIQUE TO JJaT PROPERTY The Petitioner, JJ&T, contract purchaser of Official Tax Map #4011103, hereby proffers and agrees that if said tract is rezoned as requested that the rezoning will be subject to and the Petitioner will abide by the following conditions once the new building is constructed: 1. That the proposed development on Tax Map #4011103 will be in substantial conformity with the site plan prepared by John P. Cone, Jr., Architect, dated February 1996, a copy of which is attached to this Petition as EXHIBIT C, subject to comprehensive site development plan review by the City. 2. Upon completion and occupancy of the new proposed convenience store on the property, JJ&T proffers that the new building will be used solely for a neighborhood convenience store, and that the existing building, the former "Spur Station," will be removed or used for storage only. The inside area to be used for 2 storage blinds, 3. will be attractively screened with Venetian or other from public view. JJ&T will paint and maintain the existing retaining wall a neutral or earth tone color. 4. In lieu of the required 10 foot buffer, JJ&T will construct a barrier type fence, made of chain link, along the entire length of the rear property line, 5 to 6 feet in height to buffer the property from the public, subject to the approval of the zoning administrator. 5. The proffered conditions as set forth herein shall be met within 18 months from the date of the effective date of the rezoning or 90 days from the date of a certificate of occupancy for the new building, whichever is earlier. Attached as EXHIBIT D are the names, addresses and tax numbers of the owners of all the lots of property immediately adjacent or immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioners request that the above-described tracts be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this /~ day of May, 1996. JJ&T~Partn~hip v Of Counsel Rand~l Wayne_Brown Of CoUnsel Alton B. Prillaman/Counsel for Petitioners JOLLY, PLACE, FRALIN & PRILLAMAN, P.C. 3912 Electric Road, SW P. O. Box 20487 Roanoke, VA 24018 (703) 989-0000 4 EXEYBIT "D" OFFICIAL TAX N-JMBER 4011102 4011103 4011119 4011120 4011121 4011122 4011123 4011124 4011125 4011126 4011127 4.011128 4011129 4011130 4011002 4011001 4011101 4011143 4011145 4011146 4011142 4011131 OWA~ER' S NAME AND MAILING ADDRESS Randall Wayne Brown 804 Moorefield Road #302 Richmond VA 23236 Murphy Oil USA, Inc., P.O. Box 7000 EL Dorado, AR 71731 City of Roanoke Church Ave., SE Roanoke, VA 24013 Born Again Christian Construction Company R~ 1 Box 189-A Madison Heights, VA 24575 John Solomond 9000 Swift Creek Road Fairfax Station, VA 22039 John N. Lampros 1902 Cantle Lane, S.W. Roanoke, VA. 24018 Commonwealth of Virginia Campbell Ave., S.E. Roanoke, VA 24011 Glenn E. & Vivian K. Moore 321 Campbell Ave., Roanoke, VA. 24018 Ralph Smith, Inc. 2141 Pau~erson Ave., Roanoke, VA 24016 Benton Miller 2569 Hidden Valley Road Hiawassee, GA 30546 4010701 Cclonia! outdoor Advertising, !nc. . Ave 25%2 carolina '' Roanoke, VA 24014 Blue Cross and Blue shield SouthweStern virginia p.O. BoX 85640 ~ichmOnd, VA 23285 Ad Number: 53177008 Publisher's Fee: $107.30 JOLLY PLACE FRALIN & PRI PO BOX 20487 ROANOKE, VA 24018 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: 05/31/96 FULL RUN - Friday 06/07/96 FULL RUN Friday Witness, this 10thday of June 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, June 17, 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 C-3, Central Business District, the following property: Two tracts of land located on the southerly side of Campbell Avenue, S.E., and bearing Official Tax Nos. 4011102 and 4011103, subject to certain proffered conditions pertaining to Official Tax No. 4011103. 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 29th day of May , 1996. Mary F. Parker, City Clerk. Publish in the ~, once on Friday, May 31, 1996, and once on Friday, June 7, 1996. Send publisher's affidavit to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Send bill to: Alton B. Pfillaman, Attorney P. O. Box 20487 Roanoke, Virginia 24018 Publish in the l~li~t~.lil~tl~, once on Thursday, June 6, 1996. Send publisher's affidavit to: Send bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Alton B. Prillaman, Attorney P. O. Box 20487 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 SANDRA H. EAKIN Deputy City Clerk June 4, 1996 File #51 Alton B. Pdllaman, Attorney Jolly, Place, Fralin end Pdllaman P. O. Box 20487 Roanoke, Virginia 24018 Dear Mr. Pdllamen: 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, June 17, 1996, et 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of JJ&T Partnership and Randall Wayne Brown that two tracts of land located on the southerly side of Campbell Avenue, S. E., identified as Official Tax Nos. 4011102 and 4011103, be rezoned from LM, Light Manufacturing District, to C-3, Central Business District, the rezoning of Official Tax No. 4011103 to be subject to certain conditions proffered by the petitioner. For your information, I am enclosing copy of · notice of the public hearing, an Ordinance and 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. Marilas, Chief of Planning and community Development, et 981-2344. It will be necessary for you, or your ~, to be ix~4nt at the June 17 public hearing. Failure to appear could result in a deferral of the mqueat for rezoning until a later date. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:~EZONINGMUNE.WPO 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 4, 1996 File #51 Alton B Prillaman, Attorney Jolly, Place, Fralin and Prillaman P. O. Box 20487 Roanoke, Virginia 24018 Dear Mr. Prillaman: 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, June 17, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of JJ&T Partnership and Randall Wayne Brown that two tracts of land located on the southerly side of Campbell Avenue, S. E., identified as Official Tax Nos. 4011102 and 4011103, be rezoned from LM, Light Manufacturing District, to C-3, Central Business District, the rezoning of Official Tax No. 4011103 to be 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 report of the City Planning Commission with regard to the request. Please review the documents and if you have questions, you may contact Staven 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, CM City Clerk MFP:sm Enc. Alton B. Prillaman, Attorney Jolly, Place, Fralin & Prillaman June 4, 1996 Page 2 pc: Mr. Randall W. Brown, 804 Moorefield Road, Apartment 302, Richmond, Virginia 23236 Murphy Oil USA, Inc., P. O. Box 7000, El Dorado, Arizona 71731 Bom Again Christian Construction Co., Route 1, Box 189-A, Madison Heights, Virginia 24575 Mr. John Solomond, 9000 Swift Creek Road, Fairfax Station, Virginia 22039 Mr. John N. Lampros, 1902 Cantle Lane, S. W., Roanoke, Virginia 24018 Jeanne Sanborn, Agent, Real Estate and Contract Services, Norfolk Southern Corporation, 110 Franklin Road, S. E., Roanoke, Virginia 24042-0059 Mr. and Mrs. Glenn E. Moore, 321 Campbell Avenue, S. E., Roanoke, Virginia 24013 Ralph Smith, Inc., 2141 Patterson Avenue, S. W., Roanoke, Virginia 24016 Mr. Benton Miller, 2569 Hidden Valley Road, Hiawassee, Georgia 30546 Colonial Outdoor Advertising, Inc., 2512 Carolina Avenue, S. W., Roanoke, Virginia 24014 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 May 13, 1996 File ftc51 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 third amended petition from Alton B. Prillaman, Attorney, representing JJ&T Partnership and Randall Wayne Brown, requesting that two tracts of land located on the southerly side of Campbell Avenue, S. E., identified as Official Tax Nos. 4011102 and 4011103, be rezoned from LM, Light Manufacturing District, to C-3, Central Business District, with the rezoning of Official Tax No. 4011103 to be subject to certain conditions proffered by JJ & T Partnership. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Carolyn H. Coles, Chairperson City Planning Commission May 13, 1996 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council The Honorable C. Nelson Harris, Council Member-Elect, 2813 Edgewood Street, S. W., Roanoke, Virginia 24015 The Honorable Carroll E. Swain, Council Member-Elect, 3434 Kershaw Road, N. W., Roanoke, Virginia 24017 The Honorable James O. Trout, Council Member-Elect, 2102 Stephenson Avenue, S. W., Roanoke, Virginia 24014 Alton B. Prillaman, Attorney, P. O. Box 20487, Roanoke, Virginia 24018 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE= Rezoning of two tracts of land lying in the City of Roanoke, identified as Official Tax Map #4011102 and 4011103; lying on the southerly side of Campbell Avenue, S.E., Roanoke, Virginia, from LM, Light Manufacturing District to C3, Central Business District, subject to certain conditions proffered by JJ&T Partnership and pertaining to parcel under Official Tax Map #4011103. THIRD AMENDED PETITION TO REZONe, TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, JJ&T Partnership (hereinafter "JJ&T) have contracted to purchase land in the City of Roanoke containing 0.367 acres, more or less, located along the southerly side of Campbell Avenue and being Tax Map Number 4011103 (a plat of which is attached as EXHIBIT A). Manufacturing District: land adjacent to said Said tract is currently zoned LM, Light The Petitioner, Randall Wayne Brown, owns property, containing approximately 0.25 acres, more or less, described as Tax Map Number 4011102 (shown on tax map attached as EXHIBIT B). Said tract is currently zoned LM, Light Manufacturing District. Pursuant to §36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner, JJ&T requests that the said property (Tax Map #4011103) be rezoned from LM, Light Manufacturing District to C3, Central Business District, subject to certain conditions set forth below, for the purpose of constructing a new store shown on the site plan attached as EXHIBIT C. Randall Wayne Brown (Tax Map #4011102), joins in this convenience Petitioner, request to rezone his property Central Business District, leased parking facility classification. from LM, Light Manufacturing District to C3, for the purpose of placing the existing into a conforming zoning district The Petitioners believe the rezoning of the said tracts of land will further the intent and purposes of the City Zoning Ordinance and its Comprehensive Plan in that it will bring the existing and proposed development into conformity with the appropriate zoning classification. PROFFERS UNIQUE TO JJ&T PROPERTY The Petitioner, JJ&T, contract purchaser of Official Tax Map #4011103, hereby proffers and agrees that if said tract is rezoned as requested that the rezoning will be subject to and the Petitioner will abide by the following conditions once the new building is constructed: 1. That the proposed development on Tax Map #4011103 will be in substantial conformity with the site plan prepared by John P. Cone, Jr., Architect, dated February 1996, a copy of which is attached to this Petition as EXHIBIT C, subject to comprehensive site development plan review by the City. 2. Upon completion and occupancy of the new proposed convenience store on the property, JJ&T proffers that the new building will be used solely for a neighborhood convenience store, and that the existing building, the former "Spur Station," will be removed or used for storage only. The inside area to be used for storage blinds, 3. will be attractively screened with Venetian or other from public view. JJ&T will paint and maintain the existing retaining wall a neutral or earth tone color. 4. In lieu of the required 10 foot buffer, JJ&T will construct a barrier type fence, made of chain link, along the entire length of the rear property line, 5 to 6 feet in height to buffer the property from the public, subject to the approval of the zoning administrator. 5. The proffered conditions as set forth herein shall be met within 18 months from the date of the effective date of the rezoning or 90 days from the date of a certificate of occupancy for the new building, whichever is earlier. Attached as EXHIBIT D are the names, addresses and tax numbers of the owners of all the lots of property immediately adjacent or immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioners request that the above-described tracts be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this /3 ~ day of May, 1996. JJ&T~/~artn~hip Of Counsel Rand~l Wayne_Brown Of Co%nsel Alton B. Prillaman/Counsel for Petitioners JOLLY, PLACE, FRALIN & PRILLAM3LN, P.C. 3912 Electric Road, SW P. O. Box 20487 Roanoke, VA 24018 (703) 989-0000 EXHIBIT "D" OFFICIAL TAX NI/MBER 4011102 4011103 4011119 40!1120 4011121 4011122 40!1123 4011124 4011125 4011126 4011127 4.0!!128 4011129 4011130 4011002 4011001 4011101 4011143 4011145 4011146 4011142 4011131 OWNER'S NAME ANDMAILINGADDRESS Randall Wayne Brown 804 Moorefietd Road ~302 Richmond VA 23236 Murphy Oil USA, Inc., P.O. Box 7000 EL Dorado, AR 71731 City of Roanoke Church Ave., SE Roanoke, VA 24013 Born Again Christian Construction Company RE 1 Box 189-A Madison Heights, VA 24575 John Solomond 9000 Swift Creek Road Fairfax Station, VA 22039 John N. Lampros 1902 Cantle Lane, S.W. Roanoke, VA 24018 Commonwealth of Virginia Campbell Ave., S.E. Roanoke, VA 24011 Glenn E. & Vivian K. Moore 321 Campbell Ave., S.E. Roanoke, VD. 24018 Ralph Smith, Inc. 2141 PaLterson Ave., Roanoke, VD. 24016 Benton Miller 2569 Hidden Valley Road Hiawassee, GA 30546 4011111 4010701 Colonial Outdoor Advertising, Inc. 2512 Carolina Ave., S.W. Roanoke, VA 24014 Blue Cross and Blue Shield Southwestern Virginia P.O. Box 85640 Richmond, VA 23285 of 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 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 Alton B. Prillaman, Attorney, representing JJ&T Partnership and Randall Wayne Brown, requesting that two tracts of land located on the southerly side of Campbell Avenue, S. E., identified as Official Tax Nos. 4011102 and 4011103, be rezoned from LM, Light Manufacturing District, to C-3, Central Business District, with the rezoning of Official Tax No. 4011103 to be subject to certain conditions proffered by JJ & T Partnership. Sincerely, 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 Alton B. Prillaman, Attorney, P. O. Box 20487, Roanoke, Virginia 24018 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Rezoning of two tracts of land lying in the City of Roanoke, identified as Official Tax Map #4011102 and 4011103; lying on the southerly side of Campbell Avenue, S.E., Roanoke, Virginia, from LM, Light Manufacturing District to C3, Central Business District, subject to certain conditions proffered by JJ&T Partnership and pertaining to parcel under Official Tax Map #4011103. SECOND AMENDED PETITION TO REZONF TO THE HONOP. ABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, JJ&T Partnership (hereinafter "JJ&T) have contracted to purchase land in the City of Roanoke containing 0.367 acres, more or less, located along the southerly side of Campbell Avenue and being Tax Map Number 4011103 attached as EXHIBIT A). Manufacturing District: land adjacent to said (a plat of which is Said tract is currently zoned LM, Light The Petitioner, Randall Wayne Brown, owns property, containing approximately 0.25 acres, more or less, described as Tax Map Number 4011102 (shown on tax map attached as EXHIBIT B). Said tract is currently zoned LM, Light Manufacturing District. Pursuant to §36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner, JJ&T requests that the said property (Tax Map #4011103) be rezoned from LM, Light Manufacturing District to C3, Central Business District, subject to certain conditions set forth below, for the purpose of constructing a new convenience store shown on the site plan attached as EXHIBIT C. Petitioner, Randall Wayne Brown (Tax Map #4011102), joins in this request to rezone his property from LM, Light Manufacturing District to C3, Central Business District, for the purpose of placing the existing leased parking facility into a conforming zoning district classification. The Petitioners believe the rezoning of the said tracts of land will further the intent and purposes of the City Zoning Ordinance and its Comprehensive Plan in that it will bring the existing and proposed development into conformity with the appropriate zoning classification. PROFFERS UNIQUE TO JJ&T PROPERTY The Petitioner, JJ&T, contract purchaser of Official Tax Map #4011103, hereby proffers and agrees that if said tract is rezoned as requested that the rezoning will be subject to and the Petitioner will abide by the following conditions once the new building is constructed: 1. That the proposed development on Tax Map #4011103 will be in substantial conformity with the site plan prepared by John P. Cone, Jr., Architect, dated Pebruary 1996, a copy of which is attached to this Petition as EXHIBIT C, subject to comprehensive site development plan review by the City. 2. Upon completion and occupancy of the new proposed convenience store on the property, JJ&T proffers that the new building will be used solely for a neighborhood convenience store, and that the existing building, the former "Spur Station," will be used for storage only. The inside area to be used for storage will be attractively screened with Venetian or other blinds, from public view. 2 3. JJ&T will paint the existing retaining wall a neutral or earth tone color. 4. In lieu of the required 10 foot buffer, JJ&T will construct a barrier type fence, made of chain link, along the entire length of the rear property line, 5 to 6 feet in height to buffer the property from the public, subject to the approval of the zoning administrator. 5. The proffered conditions as set forth herein shall be met within three years from the date of the effective date of the rezoning. Attached as ~XHIBIT D are the names, addresses and tax numbers of the owners of all the lots of property immediately adjacent or immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioners request that the above-described tracts be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 19th day of April, 1996. JJ&TA P,a~ship By: Of Counsel Randall Wayne Brown Of Counsel Alton B. Prillaman/Counsel for Petitioners JOLLY, PLACE, FRALIN & PRILLAMAN, P.C. 3912 Electric Road, SW P. O. Box 20487 Roanoke, VA 24018 (703) 989-0000 3 OFFICIAL TAxX NI3MBER 4011102 4011103 4011119 4011120 4011121 4011122 4011123 4011124 4011125 4011126 4011127 4.011128 4011129 4011130 4011002 4011001 4011101 4011143 4011145 4011146 4011142 4011131 EXHIBIT "D" OWNER'S NAME ANDMAILINGADDRESS Randall Wayne Brown 804 Moorefield Road ~302 Richmond VA 23236 Murphy oil USA, Inc., P.O. Box 7000 EL Dorado, AR 71731 City of Roanoke Church Ave., SE Roanoke, VA 24013 Born Again Christian Construction Company Rt 1 Box 189-A Madison Heights, VA 24575 John Solomond 9000 Swift Creek Road Fairfax Station, VA 22039 John N. Lampros 1902 Cantle Lane, S.W. Roanoke, VA 24018 Commonwealth of Virginia Campbell Ave., S.E. Roanoke, VA 24011 Glenn E. & Vivian K. Moore 321 Campbell Ave., S.E. Roanoke, VA 24018 Ralph Smith, Inc. 2141 Patterson Ave., Roanoke, VA 24016 Benton Miller 2569 Hidden Valley Road Hiawassee, GA 30546 4011111 4010701 Colonial outdoor Advertising, Inc. 2512 Carolina Ave., S.W. Roanoke, VA 24014 Blue Cross and Blue shield of Southwestern Virginia P.O. Box 85640 Richmond, VA 23285 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 April 22, 1996 File #51 Carolyn H. Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: Pursuant to Section 36.1-890(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended petition from Alton B. Pdllaman, Attorney, representing JJ&T Partnership and Randall Wayne Brown, requesting that two tracts of land located on the southerly side of Campbell Avenue, S. E., identified as Official Tax Nos. 4011102 and 4011103, be rezoned from LM, Light Manufacturing District, to C-3, Central Business District, with the rezoning of Official Tax No. 4011103 to be subject to certain conditions proffered by JJ & T Partnership. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Carolyn H. Coles, Chairperson City Planning Commission April 22, 1996 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Alton B. Prillaman, Attorney, P. O. Box 20487, Roanoke, Virginia 24018 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of two tracts of land lying in the City of Roanoke, identified as Official Tax Map #4011102 and 4011103; lying on the southerly side of Campbell Avenue, S.E., Roanoke, Virginia, from LM, Light Manufacturing District to C3, Central Business District, subject to certain conditions proffered by JJ&T Partnership and pertaining to parcel under Official Tax Map #4011103. FIRST AMENDED PETITION TO REZONE TO THE HONORABLE M~YOR AND MEMBERS OF THE COUNCIL OF THE ROANOKE: CITY OF The Petitione$, JJ&T Partnership (hereinafter "JJ&T) have contracted to purchase land in the City of Roanoke containing 0.367 acres, more or less, located along the southerly side of Campbell Avenue and being Tax Map Number 4011103 (a plat of which is attached as EXHIBIT A). Manufacturing District: land adjacent to said Said tract is currently zoned LM, Light The Petitioner, Randall Wayne Brown, owns property, containing approximately 0.25 acres, more or less, described as Tax Map Number 4011102 (shown on tax map attached as EXHIBIT B). Said tract is currently zoned LM, Light Manufacturing District. Pursuant to §36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner, JJ&T requests that the said property (Tax Map #4011103) be rezoned from LM, Light Manufacturing District to C3, Central Business District, subject to certain conditions set forth below, for the purpose of constructing a new convenience store shown on concept site plan attached as EXHIBIT C. Petitioner, Randall Wayne Brown (Tax Map #4011102), joins in this request to rezone his property from LM, Light Manufacturing District to C3, Central Business District, for the placing the existing leased parking facility into a zoning district classification. The Petitioners believe the rezoning of the said tracts of land will further the intent and purposes of the City Zoning Ordinance and its Comprehensive Plan in that it will bring the existing and proposed development into conformity with the appropriate zoning classification. PROFFERS UNIQUE TO JJ&T PROPERTY The Petitioner, JJ&T, contract purchaser of Official Tax Map #4011103, hereby proffers and agrees that if said tract is rezoned as requested that the rezoning will be subject to and the Petitioner will abide by the following conditions once the new building is constructed: 1. That the proposed development on Tax Map #4011103 will be in substantial conformity with the concept site plan prepared by John P. Cone, Jr., Architect, dated February 1996, a copy of which is attached to this Petition as EXHIBIT C, subject to comprehensive site development plan review by the City. 2. Upon completion and occupancy of the new proposed convenience store on the property, JJ&T proffers that the new building will be used solely for a convenience store and that the existing building, the former "Spur Station," will be used for storage only. The inside area to be used for storage will be attractively screened from public view. purpose of conforming 2 3. JJ&T will paint the existing retaining wall to blend in attractively with the new construction. 4. In lieu of the required 10 foot buffer, JJ&T will construct a barrier type fence, along the rear property line, 5 to 6 feet in height to buffer the property from the public, subject to the approval of the zoning administrator. Attached as EXHIBIT D are the names, addresses and tax numbers of the owners of al~ the lots of property immediately adjacent or immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioners request that the above-described tracts be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 19th day of April, 1996. By: JJ&T Partnership Of Counsel By: Randall Wayne Brown Of Counsel Alton B. Prillaman/Counsel for Petitioners JOLLY, PLACE, FRALIN & PRILLAMAN, P.C. 3912 Electric Road, SW P. O. Box 20487 Roanoke, VA 24018 (703) 989-0000 3 t,L · OFFICIAL TAX NUMBER 4011102 4011103 4011119 4011120 4011121 4011122 4011123 4011124 4011125 4011126 4011127 4.011128 4011129 4011130 4011002 4011001 4011101 4011143 4011145 4011146 4011142 4011131 EXHIBIT "D" OWNER'S NAME ANDMAILINGADDRESS Randall Wayne Brown 804 Moorefield Road ~302 Richmond VA 23236 Murphy Oil USA, Inc., P.O. Box 7000 EL Dorado, AR 71731 City of Roanoke Church Ave., SE Roanoke, VA 24013 Born Again Christian Construction Company Rt 1 Box 189-A Madison Heights, VA 24575 John Solomond 9000 Swift Creek Road Fairfax Station, VA 22039 John N. Lampros 1902 Cantle Lane, S.W. Roanoke, VA 24018 Commonwealth of Virginia Campbell Ave., Roanoke, VA 24011 Glenn E. & Vivian K. Moore 321 Campbell Ave., S.E. Roanoke, VA 24018 Ralph Smith, Inc. 2141 Patterson Ave., Roanoke, VA 24016 Benton Miller 2569 Hidden Valley Road Hiawassee, GA 30546 4011111 4010701 Colonial outdoor Advertising, Inc. 2512 Carolina Ave., S.W. Roanoke, VA 24014 Blue Cross and Blue Shield of Southwestern Virginia P.O. Box 85640 Richmond, VA 23285 TO THE CITY CLERK OF TI-~ CITY OEROANOKE' VIRGINIA PERTAINING TO THE REZONING REQUEST OF: SJ&T Partnership and Randall W. Brown, Tax No. 4011102 and 4011103) AFFIDAVIT on Campbell Avenue, S.E., from LM to C-3, conditional ) 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 22nd day of April, 1996, notices of a public hearing to be held on the 1st day of May, 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 4011102 Randall Wayne Brown 4011103 Murphy Oil USA, Inc. 4011120 4011121 4011122 4011123 4011124 4011125 4011126 4011127 4011128 4011129 4011130 4011002 4011001 4011101 4011143 Born Again Christian Construction Co. John Solomond John N. Lampros Address 804 Moorefield Road,//302 Richmond, VA 23236 P. O.Box 7000 El Dorado, AR 71731 Route 1, Box 189-A Madison Heights, VA 24575 9000 Swift Creek Road Fairfax Station, VA 22039 1902 Cantle Lane, SW Roanoke, VA 24018 4011145 4011146 4011142 Norfolk and Southern c/o Real Estate Division Commonwealth of VA Glenn E. and Vivian K Moore Ralph Smith, Inc. 111 Franklin Road Roanoke, VA 24011 No address 321 Campbell Avenue, SE Roanoke, VA 24013 2141 Patterson Avenue, SW Roanoke, VA 24016 4011131 4011111 Benton Miller Colonial Outdoor Advertising, Inc. Martha Pace Franklin 2569 Hidden Valley Road Hiawassee, GA 30546 2512 Carolina Avenue, SW Roanoke, VA 24014 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 22nd day of April, 1996. My Commission Expires: ~ &_~///~¢~_7 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 JJ&T Partnership and Randall Wayne Brown, represented by Alton B. Prillaman, attorney, that property located on the southerly side of Campbell Avenue, S.E., bearing Official Tax Nos. 4011102 and 4011103, be rezoned from LM, Light Manufacturing District, to C-3, Central Business District, such rezoning of Official Tax No. 4011103 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: Alton B. Prillaman, Attorney Jolly, Place, Fralin and Prillaman 3912 Electric Road, SW P. O. Box 20487 Roanoke, VA 24018 989-0000 Please send affidavit of publication to: Department of Planning and Community Development Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 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 22, 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 Alton B. Prillaman, Attorney, representing JJ&T Partnership and Randall Wayne Brown, requesting that two tracts of land located on the southerly side of Campbell Avenue, S. E., identified as Official Tax Nos. 4011102 and 4011103, be rezoned from LM, Light Manufacturing District, to C-3, Central Business District, the rezoning of Official Tax No. 4011103 to be subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMClAAE City Clerk MFP:sm Enc. Carolyn H. Coles, Chairperson City Planning Commission March 22, 1996 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Alton B. Prillaman, Attorney, P. O. Box 20487, Roanoke, Virginia 24018 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 H:~REZONINGIJ J&T.WPO 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 July 8, 1996 File #51-223-514 SANDRA H. EAKIN Deputy City Cl~rk Carolyn H. Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: I am enclosing copy of Ordinance No. 33013-070196 rezoning certain parcels of land in the southwest quadrant of the City, bounded generally by Jackson Avenue on the north, 12th Street on the west, Salem Avenue on the south, and 10th Street on the east, identified as Official Tax Nos. 1211402, 1211502 - 1211505, inclusive, and 1211508 - 1211512, inclusive, and property owned by Norfolk Southern Corporation, identified as Official Tax Nos. 1110806 - 1110809, inclusive, 1110817, and 1110101 - 1110131, inclusive, from LM, Light Manufacturing District, to RM-1, Residential Multifamily, Low Density District; and Official Tax Nos. 1110801 -1110804, inclusive, and 1110810, from RM-2, Residential Multifamily, Medium Density District, to RM-1, Residential Multifamily, Low Density District. Ordinance No. 33013-070196 was adopted by the Council of the City of Roanoke on first reading on Monday, June 17, 1996, also adopted by the Council on second reading on Monday, July 1, 1996, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. Carolyn H. Coles, Chairperson City Planning Commission July 8, 1996 Page 2 pc: Mr. H. B. Hodges, Jr., 3608 Jee Valley Road, S. E., Roanoke, Virginia 24014 Mr. and Mrs. Thomas B. Blanton, 3730 London Circle, S. W., Roanoke, Virginia 24018 Mr. Gary L. Wilson, 101 10th Street, S. W., Roanoke, Virginia 24016 Jeanne Sanborn, Agent, Real Estate and Contract Services, Norfolk Southern Corporation, 110 Franklin Road, S. E., Roanoke, Virginia 24042-0059 Ms. Mattie A. Rose, 107 10th Street, S. W., Roanoke, Virginia 24016 Graybar Electric Co., Inc., c/o Mr. B. E. Atkins, P. O. Box 6774, Richmond, Virginia 23230 Mr. James E. Penn, 109 10th Street, S. W., Roanoke, Virginia 24016 Mr. and Mrs. Harvey Harris, 1102 Norfolk Avenue, S. W., Roanoke, Virginia 24016 Mr. and Mrs. Woodrow W. Nackley, 530 Walnut Avenue, S. W., Roanoke, Virginia 24016 Mr. and Mrs. James A. Lewis, Jr., 1105 Salem Avenue, S. W., Roanoke, Virginia 24016 Mr. Henry S. Casey, 1025 Jackson Avenue, S. W., Roanoke, Virginia 24016 Mr. Harry Blake, 1101 Salem Avenue, S. W., Roanoke, Virginia 24016 Mr. Robert Carter, 523 Harrison Avenue, N. W., Apartment 16, Roanoke, Virginia 24016 Mr. James Carter, 918 Rorer Avenue, S. W., Roanoke, Virginia 24016 Ms. Annie G. Clark, c/o Mr. William Fitzgerald, 1033 Norfolk Avenue, S. W., Roanoke, Virginia 24016 Mr. and Mrs. John R. Garrett, 3801 Brandon Avenue, S. W., Apartment 144, Roanoke, Virginia 24018 Mr. Donald L. Stuart, 2026 Melrose Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. H. L. Muse, c/o Geraldyne Bumpers, 1307 Rugby Boulevard, N. W., Roanoke, Virginia 24017 Mr. Lawrence W. Mitchell, 108 15th Street, S. W., Roanoke, Virginia 24016 Mr. and Mrs. R. Vance, c/o Mrs. Elvira M. Wade, 35 12% Street, S. W., Roanoke, Virginia 24016 Ms. Mary Barksdale, 1636 Andrews Road, N. W., Roanoke, Virginia 24017 Amy C. Moore, Executive Director, Habitat for Humanity in the Roanoke Valley, Inc., 541 Luck Avenue, S. W., Suite 310, Roanoke, Virginia 24016 Mr. T. C. Emmons, 1013 Norfolk Avenue, S. W., Roanoke, Virginia 24016 Ms. Mary R. Singleton, 1015 Norfolk Avenue, S. W., Roanoke, Virginia 24016 Mr. and Mrs. Floyd Craft, 1011 Norfolk Avenue, S. W., Roanoke, Virginia 24016 Carolyn H. Coles, Chairperson City Planning Commission July 8, 1996 Page 3 pc: Mr. Merle P. Colston, 3302 Pittsfield Avenue, N. W., Roanoke, Virginia 24017 Trustees, Jerusalem Baptist Church, c/o Ms. Estella Gordon, 1014 Norfolk Avenue, S. W., Roanoke, Virginia 24016 Mr. James W. Franklin, c/o Ms. Barbara F. Kasey, 117 Briarwood Drive, Hampton, Virginia 23666 Mr. Woodrow Hickman, Jr., 1010 Norfolk Avenue, S. W., Roanoke, Virginia 24016 Mr. Peter Banks, et at, 1014 Norfolk Avenue, S. W., Roanoke, Virginia 24016 Ms. Norma Smith, 11 14th Street, S. W., Roanoke, Virginia 24016 Hurt Park Elementary School, c/o Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools W. Robert Herbert, City Manager Wilbum C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director of Real Estate Valuation Kathy L. Brickey, Appraiser Aide, Real Estate Valuation Kit B. Kiser, Director of Utilities and Operations William F. Clark, Director of Public Works Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, The 1st day of July, 1996. No. 33013-070196. AN ORDINANCE to amend §36.1-3, Code (1979), as amended, and Sheet No. 1976 Zone Map, City of Roanoke, the City. VIRGINIA, of the City of Roanoke 111 and Sheet No. 121, Sectional to rezone certain property within WHEREAS, the Roanoke City Planning Commission has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing District, and RM-2, Residential Multifamily, Medium Density District, to RM-1, Residential Multifamily, Low Density District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on June 17, 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 recommendation made to 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 from LM, Light Manufacturing District, and RM-2, Residential Multifamily, Medium Density District, to RM-1, Residential Multifamily, Low Density District, 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. 111 and Sheet No. 121 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Those certain parcels of land in the Southwest quadrant of the City, bounded generally by Jackson Avenue on the North, 12th Street on the West, Salem Avenue on the South, 10th Street on the East, and bearing Official Tax Nos. 1211402, 1211502, 1211503, 1211504, 1211504A, 1211505, 1211508, 1211509, 1211510, 1211511, 1211512, property owned by Norfolk Southern Corporation and bearing Official Tax Nos. 1110806, 1110807, 1110808, 1110809, 1110817, 1110101, 1110102, 1110103, 1110104, 1110105, 1110106, 1110107, 1110108, 1110109, 1110110, 1110111, 1110112, 1110113, 1110114, 1110115, 1110116, 1110117, 1110118, 1110119, 1110120, 1110121, 1110122, 1110123, 1110124, 1110125, 1110126, 1110127, 1110128, 1110129, 1110130, and 1110131, currently zoned LM, Light Manufacturing District, be, and are hereby rezoned to RM-1, Residential Multifamily, Low Density District; and Official Tax Nos. 1110801, 1110802, 1110803, 1110804, and 1110810, currently zoned RM-2, Residential Multifamily, Medium Density District, be, and are hereby rezoned to RM-1, Residential Multifamily, Low Density District, and that Sheet No. 111 and Sheet No. 121 of the Zone Map be changed in this respect. ATTEST: City Clerk. '~Roanoke Cit.~, Planning Commission June 17, 1996 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Rezoning of the following parcels of land in the southwest quadrant of the City, bounded generally by Jackson Avenue on the north, 12th Street on the west, Salem Avenue on the south, 10th Street on the east: Official Tax Nos. 1211402, 1211502, 1211503, 1211504, 1211504A, 1211505, 1211508, 1211509, 1211510, 1211511, 1211512, property owned by the Norfolk Southern Corporation, 1110806, 1110807, 1110808, 1110809,1110817, 1110101, 1110102, 1110103, 1110104, 1110105, 1110106, 1110107, 1110108, 1110109, 1110110, 1110111, 1110112, 1110113, 1110114, 1110115, 1110116, 1110117, 1110118, 1110119, 1110120, 1110121, 1110122, 1110123, 1110124, 1110125, 1110126, 1110127, 1110128, 1110129, 1110130, and 1110131, currently zoned LM, Light Manufacturing District, and Official Tax Nos. 1110801, 1110802, 1110803, 1110804, and 1110810, currently zoned RM-2, Residential Multifamily, Medium Density District, to RM-1, Residential Multifamily, Low Density District. I. Background: Ao Pumose of the request is to promote the general welfare and good zoning practice by: (1) making the existing use of the subject property consistent with the proper zoning category; (2) encouraging additional residential development to locate in a distressed area; and (3) ensuring that the subject property will be used in the future in a manner that will not negatively impact adjoining residential properties. Sub_iect area has been zoned LM, Light Manufacturing District, since the mid- 1960s. The City's comprehensive plan at that time did not believe that Roanoke inner-city neighborhoods would remain viable for single family residential development. Under the current LM. Light Mannfaeturing District, residential property owners have significant restrictions on their ability to improve or expand their nonconforming structures. Several property owners in the subject area (Woodrow Room162 MunicipaIBuilding 215ChurchAvenue, S.W. Roanoke, Virginia24011 (703)981-2344 Members of Council Page 2 Hickman, 1010 Norfolk Avenue and Jerusalem Baptist Church, 1014 Norfolk Avenue) initiated rezoning requests in 1996 and 1992, respectively, after learning that they could not make needed improvements to their property under the existing LM zoning requirements. Neiehborhood or£ani?,fion, Hurt Park Neighborhood Alliance, has been notified of the requested rezoning. Numerous complaints have been received over the past ten years regarding the appearance of the area. Representatives from the organization have expressed their support of the proposed rezoning and other changes that will encourage the revitalization of the area. The Planning office also received calls from several property owners expressing support for the proposed rezoning. Plannin£ Commission public hearin~ was held on May i, 1996. Mr. John Marlles presented the request on behalf of the Commission. Mr. Marlles stated that at~er Jerusalem Baptist Church requested a rezoning in 1992, the Commission had instructed the Planning staff to study the general area for a possible downzoning. He said that staff had done that and was prepared to go forward with a recommendation that the area be rezoned to residential. Mr. Marlles advised the Commission that Habitat for Humanity had purchased a number of dilapidated structures in the area under consideration, and was in the process of clearing them for a 24 lot single family residential development. Mr. Marlles further stated that staff had done a detailed land use analysis of the area and had also consulted with the City's Economic Development office. Mr. Marlles stated that the Economic Development staff did not feel the area was valuable for industrial development. He said that City records indicated there had been no interest in developing the area for either commercial or industrial purposes. Mr. Marlles stated that a neighborhood meeting had been held on April 22 to obtain input from the affected property owners and residents. He said that approximately 30 property owners and residents attended the meeting. Mr. Marlles again commented on the neighborhood meeting, noting that the majority of those present were supportive of the rezoning request from LM to residential and that most of the questions dealt with the Habitat for Humanity's requirements for homeownership and the design of the proposed single family structures. Mr. Marlles stated that Habitat had not developed a detailed design for their proposed homes, but they would probably be similar to ones that were constructed on Cleveland Avenue, S.W. He also noted that about 24 new single family homes were proposed for the area. Members of Council Page 3 Mr. Marlles stated that staffwas recommending approval of the request. He said he felt residential zoning was appropriate but noted there was a mix of commercial and industrial uses in the area. He further noted that the other basis for the recommendation was that there had been no interest in developing the area for industrial use; that the predominant land use was residential; there was an active and growing church in the area, as well as a City park. Mr. Madles noted that the predominant land use in the study area was single family although the zoning district was light manufacturing. He further stated that staffhad intentionally excluded the existing commercial and industrial uses on Salem Avenue from the proposed rezoning. Mr. Maflles said that the location of an active City park, as well as a growing church, was another factor in recommending a residential zoning category. The following resident spoke in opposition to the proposed rezoning request: Mr. Bob Zimmerman, who did not give his address but indicated he owned property on Saiem Avenue and 10th Street. The following spoke in support of the proposed request: Mr. Woodrow Hickman, Jr., (1010 Norfolk Avenue, S.W.); Ms. Norma Smith (11 -14th Street, S.W.); Ms. Amy Moore (Habitat for Humanity in Roanoke Valley); Mr. Gary Galbreath (Principal, Hurt Park Elementary School); and Ms. Mary Singleton (1015 Norfolk Avenue, S.W.). III. A complete set of the draft minutes is attached for Council's consideration. Issues: Zoning of the subject area is presently LM, Light Manufacturing District. Zoning to the north across Jackson Avenue is HM, Heavy Manufacturing District; to the south; and to the east, across 10th Street, is LM, Light Manufacturing District; and to the west is RM-2 Residential Multifamily, Medium Density District. Land uses in the subject arm are predominantly single homes and duplexes. The subject area also includes a City park and a church which has expanded in recent years. Habitat for Humanity is currently acquiring properties in one portion of the subject area with the intention of constructing approximately 24 new single family homes. C. Utilities are available and are adequate. D. Traffic is not an issue. Neighborhood or~ani~,atlon is the Hurt Park Neighborhood Alliance and the West End Association. Representatives of both neighborhood organizations have Members of Council Page 4 expressed their support of the proposed rezoning and other efforts to help revitalize the neighborhood. A neighborhood meeting to discuss the proposed rezoning was held on April 22, 1996, at Jerusalem Baptist Church. Approximately 30 residents attended the meeting. Mr. John Marlles explained the background of the request, discussed the criteria considered by staff in making their recommendation and reviewed the requirements of the existing LM, Light Manufacturing District, and the proposed PM-I, Residential Multifamily District. The majority of residents expressed support for the proposed rezoning. No one indicated they were opposed to the rezoning. Mr. David Camper, President of Habitat for Humanity, discussed Habitat's plans for a single family residential subdivision in the area. The majority of questions from residents focused on how individuals qualify for receiving a home from Habitat for Humanity and the design and quality of construction of the proposed residential structures. F. ~ recommends that: the City facilitate development of "infill" or vacant lots in existing neighborhoods; and IV. Alternatives: new housing development in existing residential areas be carefully designed to relate well to the existing neighborhood character. A. ~ the rezoning request. Zoning becomes PM-l, Residential Multifamily. Existing nonconforming residential homes become conforming and can be improved and expanded. Land use remains a combination of residential, institutional (Jerusalem Baptist Church), public (Perry Park) and vacant lots. Habitat for Humanity plans to develop a 20 lot single family residential subdivision would be permitted to proceed. Additional residential infill development would be permitted to occur. 3. Utilities are available. 4. Traffic is not a problem. ' r~gkhl2Lh~LL~t would be positive. Owners of residential properties would be permitted to make improvements and to expand their structures. Additional residential development would be permitted to proceed. Members of Council Page 5 6. Comorehensive olan would be followed. B. ~ the rezoning request. Zoning remains LM, Light Manufacturing District. Existing residential structures remain nonconforming. Residential property owners remain unable to expand or make significant improvements to their properties. ~ remains unchanged. Residential properties will continue to deteriorate. New residential development would not be permitted to O(~cur. 3. Utilities would be unaffected. 4. Traffic would not be an issue. 5. ~ would continue to deteriorate. IV. 6. Comorchensive plan could be followed at a later date. Recommendation: The Planning Commission, by a vote of 6-0 (Mr. Butler absent for vote) recommended approval of the requested rezoning. The proposed rezoning will encourage revitalization of the subject area by making the existing nonconforming residential uses conforming, thus permitting their expansion and improvement and by facilitating additional infill residential development to occur in the neighborhood. Finally, it is the Commission's opinion that the land is not valuable for industrial purposes. Respectfully submitted, Carolyn H. Coles, Chairman Roanoke City Planning Commission JRM: mpf attachments cc: Assistant City Attorney City Engineer Building Commissioner CITY OF ROANOKE, VIRGINIA IN THE COUNCIL OF THE CITY OF ROANOKE RE: Rezoning of the following parcels of land in the southwest quadrant of the City, hounded generally by Jackson Avenue on the north, 12th Street on the west, Salem Avenue on the south, 10th Street on the east: Official Tax Nos. 1211402, 1211502, 1211503, 1211504, 1211504A, 1211505, 1211508, 1211509, 1211510, 1211511, 1211512, property owned by the Norfolk Southern Corporation, 1110806, 1110807, 1110808, 1110809,1110817, 1110101, 1110102, 1110103, 1110104, 1110105, 1110106, 1110107, 1110108, 1110109, 1110110, 1110111, 1110112, II10113, 1110114, 1110115, 1110116, 1110117, 1110118, 1110119, 1110120, 1110121, 1110122, 1110123, 1110124, 1110125, 1110126, 1110127, 1110128, 1110129, 1110130, and 1110131, currently zoned LM, Light Manufat,'turing District, and Official Tax Nos. 1110801, 1110802, 1110803, 1110804, and 1110810, currently zoned RM-2, Residential Multifarnily, Medium Density District, to RM-1, Residential Multifamily, Low Density District. TO THE HONORABLE MAYOR AND MEMBERS OF TH]E COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: Having moved to do so at its meeting on August 7, 199 I, pursuant to the requirements of Section 15.1-491, Code of Virginia (1950), as amended, and Section 36.1-619, Code of the City of Roanoke (1979), as amended, the Planning Commission of the City of Roanoke respectfully files this Petition to Rezone and would state the following: 1. The Planning Commission has considered land uses, zoning and development trends in this area of the City. The Planning Commission concludes that zoning of the subject properties should be consistent with the existing land uses and that the present LM, Light Manufacturing District, and RM-2, Residential Multifamily, Medium Density District, zoning districts are not appropriate. 2. Pursuant to the provisions of Article VII of Chapter 36.1 of the Code of the City of Roanoke (1979), as amended, the Planning Commission requests that the parcels of land bearing the official tax numbers listed above, lying in the southwest quadrant of the City be rezoned from LM, Light Manufacturing District, and RM-2, Residential Multifamily, Medium Density District, to RM-1, Residential Multifamily, Low Density District. The owners of these parcels of land are identified in Exhibit A attached hereto. 3. It is submitted that the rezoning of the subject tract will further the intent and the purpose of the City's zoning regulations and its comprehensive plan and will further the general welfare and good zoning practices by: (1) making the existing use of the subject property consistent with the proper zoning category for that type use; (2) encouraging additional residential development to locate in a distressed area; and (3) ensuring that the subject property will be used in the future in a manner that will not negatively impact adjoining residential properties. 4. As this rezoning entails more than 25 parcels of land, adjoining property owner notification is not required as set out in Sec. 15.1-431, Code of Virginia (1950), as amended. WHEREFORE, the Planning Commission of the City of Roanoke requests the subject property be rezoned to RM-1, Residential Multifamily, Low Density District, and that the City's zoning maps be amended accordingly. By: Respectfully submitted, ROANOKE CITY PLANNING COMMISSION Chairman ' 1211504, 504A, H. B. Hodges, Jr. 3608 J'ae Valley Road, SE Roanoke, VA 24014 1211402 City of Roanoke Parks and Recreation Norfolk Southern Corporation Real Estate Division 110 Franklin Road, SE Roanoke, VA 24011 1211502, 503, 508, 509, 510, Cn'aybar Electric Co., Inc. c/o B. E. Atkins P. O. Box 6774 Richmond, VA 23230 1211505 Harvey and Geneva Harris 1102 Norfolk Avenue, SW Roanoke, VA 24016 1211511 James A. Lewis Jr. Alice L. Lewis 1105 Salem Avenue, SW Roanoke, VA 24016 1211512 Harry Blake 1101SalemAvenue, SW Roanoke, VA 24016 1110817, 807 Thomas B. Blanton Mary B. Blanton 3730 London Circle Roanoke, VA 24018 EXHIBIT A 1110806 Gary L. Wilson 101 Tenth Street, SW Roanoke, VA 24016 1110808 MaRie A. Rose 107 Tenth Streg, SW Roanoke, VA 24016 1110809 James Ella Penn 109 Tenth StreW, SW Roanoke, VA 24016 1110101,103,109 WoodrowW. and Geneva S. Nac~ey 530Walnut Avenue, SW Roanoke, VA 24016 1110102 HenryS. Casey 1025 Jackson Avenue, SW Roanoke, VA 24016 1110127 Robe~ Ca~er 523Harrison Avenue, NW, Apt. 16 Roanoke, VA 24016 1110128 James Carter 918 Rorer Avenue, SW Roanoke, VA 24016 1110104, 106 110 John R. Garrett Nancy S. Garrett 3801 Brandon Avenue, SW, Apt. 144 Roanoke, VA 24018 1110105 H. L. and Emma Muse c/o Geraldyne Bumpers 301 Gilmer Avenue, NW #3 Roanoke, VA 24016 1110107 R. and Elvira Vance c/o Mrs. Elvira M. Wade 35 12 1/2 Street, SW Roanoke, VA 24016 1110108 Habitat For Humanity 541 Luck Avenue, SW Roanoke, VA 24016 1110131, 111, 112, 113, 114, 123, 124 Habitat for Humanity 540 Campbell Avenue, SW Roanoke, VA 24016 1110130 Merle P. Colston 3302 Pittsfield Avenue, NW Roanoke, VA 24017 1110129 James W. Franklin c/o Barbara F. Kasey 117 Briarwood Drive Hampton, VA 23666 1110115 Annie G. Clark c/o William Fitzgerald 1033 Norfolk Avenue, SW Roanoke, VA 24016 1110116 Donald L. Stuart 2026Melrose Avenue, NW Roanoke, VA 24017 1110117 Lawrence W. Mitchell 108 15th Street, SW Roanoke, VA 24016 1110118 Mary Barksdale 1636Andrews Road, NW Roanoke, VA 24017 1110119, 126 T. C. Emmons 1013Norfolk Avenue, SW Roanoke, VA 24016 1110120,121 Mary R. Singleton 1015 Norfolk Avenue, SW Roanoke, VA 24016 1110122, 125 Floyd Craft Iris Craft 1011 Norfolk Avenue, SW Roanoke, VA 24016 1110801, 802, 803, 810 Trustees, Jerusalem Baptist Church c/o Estella Golden 1014 Norfolk Avenue, SW Roanoke, VA 24016 1110804 Peter Banks, et al 1014Norfolk Avenue, SW Roanoke, VA 24016 ,[ Planning Commission Minutes Page 8 May 1, 1996 Mr. Marlles stated that was correct, however in this case, a neighborhood convenience store, not a highway convenience store, was the allowed use in the C-3 district. Mr. Bradshaw asked if the gas pumps were being grandfathered and the area was being rezoning for a neighborhood convenience store. Mr. Marlles stated that was correct. Mr. Talevi stated that there was no grandfathering going on and that all that was being permitted was the neighborhood convenience to be used. He said that City Council could not establish a grandfathered use. Mrs. Coles asked for questions from the audience. There being none, Mr. Bradshaw moved to approve the request as amended. The motion was seconded by Mr. Hill and approved 7-0. At this time (2:55 p.m.) a five minute recess was held. The meeting reconvened at 3 p.m. Rezoning of the following narcels of land in the southwest a_uadrant of the City. bounded generally by Jackson Avenue on the north. 12th Street on the west. Salem Avenue on the. south. 10th Street on the east: Official Tax Nos. 1211402. 1211502. 1211503. 121150d, 121151MA_ 1211505. 1211508, 1211509. 1211510. 1211511. 1211512. property owned by the Norfolk Southern Cornoration. 1110806, 1110807.. 1110808. 1110809,1110817, 1110101, 1110102. 1110103, 1110104, 1110105, 1110106, 1110107, 1110108, 1110109, 1110110, 1110111. 1110112, 1110113, 1110114, 1110115. 1110116, 1110117, 1110118, 1110119. 1110120. 1110121. 1110122, 1110123. 1110124. 1110125. 1110126. 1110127, 1110128. 1110129, 1110130. and 1110131. currently zoned LM. Lieht Manufacturing District. and Official Tax Nos. 1110801, 1110802, 1110803, 1110804. and 1110810, currently zoned RM-2. Residential Multifamily. Medium Density District. to RM-1, Residential Multifamily. Low Density District. Mr. John Marlles presented the request on behalf of the Commission. Using a visual display, Mr. Marlles pointed out the area under consideration for rezoning, as well as the various land uses in the surrounding area. He noted that the rezoning would bring the zoning of many of the lots into conformity with their current land use, which was residential. He said that the rezoning would also encourage new residential investment in the Hurt Park neighborhood. Mr. Maflles commented that during the past several years, a church as well as one property owner had petitioned to have their properties rezoned from light manufacturing to residential in order to be able to make certain improvements to their properties. Planning Commission Minutes Page 9 May 1, 1996 Mr. Marlles stated that when the church had requested a rezoning in 1992, the Commission had instructed the Planning staff to study the general area for a possible downzoning. He said that staff had done that and was prepared to go forward with a recommendation that the area be rezoned to residential. Mr. Marlles also advised the Commission that Habitat for Humanity had purchased many of the lots in the area under consideration, and was in the process of clearing them for a 20 lot single family residential development. Mr. Marlles further stated that staff had done a detailed land use analysis of the area and had also consulted with the City's Economic Development office on their opinion as to whether the land was valuable for industrial development. He said that City records indicated there had been no interest in developing the area for either commercial or industrial purposes. Mr. Marlles stated that a neighborhood meeting had been held on April 22 to obtain input from the affected property owners and residents. He said that approximately 30 property owners attended the meeting. A~aln, Mr. Marlles noted that the predominant land use in the study area was single family although the zoning district was light manufacturing. He further stated that staff had intentionally excluded the existing commercial and industrial was on Salem Avenue fi'om the proposed rezoning Mr. Marlles said that the location of an active City park, as well as a growing church, was another factor in recommending a residential zoning category. Mrs. Duerk questioned the land use on the west side of the park. Mr. Marlles responded that there was a church and several vacant residential houses. He further noted that that area was already zoned residential. He again commented on his conversations with the City's economic development orifice, noting that they did not feel the area was valuable industrial land for the City. He also noted that according to the City's records, there had not been any interest by any industrial or commercial prospect for locating a facility in the area recommended for rezoning. Mr. Marlles again commented on the neighborhood meeting, noting that the majority of those present were supportive of the rezoning request from LM to residential and that most of the questions dealt with the Habitat for Humanity's requirements for homeownership and the design of the structures. Mr. Marlles stated that Habitat had not developed a detailed design for their proposed homes, but they would probably be similar to ones that were constructed on Cleveland Avenue, S.W. He also noted that about 20 new single family homes were proposed for the area. Mr. Marlles stated that staff was recommending approval of the request. He said he felt residential zoning was appropriate but notedded there was some mix of uses in the area. He further noted that the other basis for the recommendation was that there had been no interest in developing the area for industrial use; that the predominant land use was residential; there was an active and growing church in the area, as well as a City park. Planning Commission Minutes Page 10 May 1, 1996 Mrs. Coles asked if any of the existing industrial uses in the study area had expanded. Mr. Marlles stated that the existing industrial uses were outside the study area. Mrs. Coles asked for comments from the audience. Mr. Bob Zimmerman appeared before the Commission and stated he owned property on Salem Avenue and 10th Street. He said that he was not against Habitat for Humanity, but he was against them taking land zoned for light manufacturing to build small homes. He said that the City had a lot of substandard housing that needed work and he felt there were a lot of people who could give Habitat property on which to build. He said that he talked with Ren Heard many years about his property and Mr. Heard wanted a $140,000 for the property at that time. He said that no one could buy the property for the price Mr. Heard was asking. He further sated that he had also talked with Doug Chittum, in the City's Economic Development Office. He said that Mr. Chittum had said he felt the area should be commercial. Mr. Zimmerman said that he also talked with other business property owners in the area who felt the land could be put to better use. He said that he and other business owners paid between $23,000 and $24,000 per year in business licenses, as well as personal property and real estate taxes. He said that Habitat would probably pay less than $8,000 in taxes for all the homes they built in the area. He said it was time we started to take a better look at what was best for the City. He said that with the $140,000 that Ren Heard wanted for the property, plus the $190,000 that Habitat was going to spend, as well $250,000 to put in curb and gutter, that was over a half million dollars the City was spending to put in 20 to 25 houses. He said that he could buy lots in South Roanoke for $30,000 at the most. Mrs. Coles commented that it was not the Commission's concern about the price Mr. Heard had asked for his property. She said that the Commission was to hear the request for rezoning and act upon that request. She said that she respected Mr. Zimmerman's opinion, but the issue was whether or not to rezone the lots for the purpose of single family residences. Mr. Zimmerman said that the Commission needed to look at what would create the most revenue and what would keep the taxes down so business would stay in the City. Mrs. Coles then asked Mr. Zimmerman how the residences would affect his business. Mr. Zimmerman said that he would look at what had happened in the area 12 years ago. He said he would look at break-ins and other undesirable activities in the area. Mr. Jones asked Mr. Zimmerman if he thought the land was viable for light manufacturing. Mr. Zimmerman said that if someone came in and put up a steel building, someone would buy it quickly. He said that if the property were put in a marketable condition, someone would purchase it. Planning Commission Minutes Page 11 May 1, 1996 Mr. Marlles stated that regardless of whether or not the land was developed for commercial or residential purposes, it would be expensive. He also noted that the funding source for acquisition of the properties for Habitat was from the federal Community Development Block Grant (CDBG). He said that Habitat, just like any other organization, had to submit an application and prove that their request met the criteria for funding. He said that CDBG funds were earmarked for elimination of slums and blight. Mrs. Duerk asked if the CDBG funds had to be used for residential purposes. Mr. Marlles stated they did not, and that land had been acquired by the City through the Roanoke Redevelopment and Housing Authority for industrial parks under the CDBG program. Mrs. Coles asked for further comments from the audience. Mr. Woodrow C. Hickman, Jr. (1010 Norfolk Avenue, S.W.) appeared before the Commission and stated that he supported Habitat for Humanity's efforts to develop single family homes in the area. He said that he was trying to beautify his community and to take away the blighting uses. He further stated that as long as he could remember, the area had been residential and he had never seen anyone want to building any manufacturing use. He said that the residents had the right to have their property residentially zoned and that Habitat for Humanity would beautify and help the City. Mr. Jones asked Mr. Hickman if he was the only resident living in the area to be rezoned. Mr. Hickman stated he was not. Ms. Mary Singleton (1015 Norfolk Avenue) appeared before the Commission and sated that she had lived in the neighborhood a long time and found it to be very quiet. She said that she would work to fix her property up so that it would look as good as the new homes. Ms. Norma Smith (11 -14th Street, SW) appeared before the Commission and sated that she had no problem with the construction of Habitat for Humanity homes in the area. She said that the development was long overdue and anything else that would help the southwest area was needed. She said there was still plenty of land in the area zoned for light manufacturing purposes and she said that she wanted to see Mr. Zimmerman keep his business on Salem Avenue. She said that the residents liked the area and wanted to see it picked up. Mrs. Duerk asked if Habitat for Humanity fixed up older, deteriorating homes. Ms. Smith stated that they did and that the neighborhood was asking that they fix up some of the older homes. Ms. Amy Moore, Executive Director of Habitat for Humanity, appeared before the Commission and stated that Habitat had begun plans for the project several years ago. She said that with the Planning Commission Minutes Page 12 May 1, 1996 knowledge the area was blighted, Habitat had applied for a CDBG grant. She noted that $90,000 had been paid for the property and additional monies had been used for clearance. She said that Habitat hoped to purchase additional properties if they were granted additional monies. She further stated the Habitat hoped to build between 20 and 24 homes and would like to begin construction in September, 1997. She further stated that Habitat was currently talking to other property owners in the area to see if they would be willing to donate or sell other properties. Ms. Moore further stated that Habitat did not give a handout to any family. She said that the families had to go through a rigorous application process and that Habitat was family oriented. Ms. Moore also stated that she had met with the neighbors in the area and it seemed that they wanted their area to go back like it was before. Ms. Moore mentioned that there were three houses that Habitat was seeking to purchase and these houses would be rehabilitated and sold. She asked that the Commission favorably consider the request. Mr. Butler left the meeting at this point (3:50 p.m.). Ms. Madeline Daniels (1013 Norfolk Avenue) appeared before the Commission and stated that she owned her home and another lot. She said she wanted to know whether she could build a house on her additional lot. Mrs. Coles directed Ms. Daniels to the zoning division of the Planning Department to find out if she had a buildable lot. Ms. Daniels also said that she did not want anyone to sell her house to Habitat. Ms. Coles advised Ms. Daniels that the ownership of her home was not in jeopardy. Mr. Gary Galbreath (3101 Hubbard Road) appeared before the Commission. He said that he was principal at Hurt Park Elementary School and wanted to endorse the idea of Habitat for Humanity building the single family residences. He said that Hurt Park Elementary School was the poorest school in the Roanoke Valley and there was a real concern about improving the school. He said that the neighborhood would have to be improved and he was convinced that the Habitat project would be a positive step in improving the community and the school. He said he looked forward to working with the families and further felt that the addition of 20 new families would be a welcome addition to the neighborhood. Mrs. Coles thanked Mr. Galbreath for coming and reminded those present that there was both a school and a park in the area. She said that if there were no other comments, a motion was in order. There being no further discussion, Mr. Bradshaw moved to approve the request. The motion was seconded by Mr. Hill and approved 6-0. Ad Number: 53177000 Publisher's Fee: $220.40 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: 05/31/96 FULL RUN - Friday 06/07/96 FULL RUN Friday Witness, this 10th day of June 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, June 17, 1996, at 7:00 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, $.W., on the question of rezoning from LM, Light Manufacturing District, to RM-1, Residential Multifamil¥, Low Density District, the following property: Those certain parcels of land in the Southwest quadrant of the City, bounded generally by Jackson Avenue on the North, 12th Street on the West, Salem Avenue on the South, 10th Street on the East, and bearing Official Tax Nos. 1211402, 1211502, 1211503, 1211504, 1211504A, 1211510, 1211511, 1211512, Southern Corporation and 1211505, property Official 1110817, 1110106, 1110112, 1110118, 1110124, 1110130, 1211508, 1211509, owned by Norfolk Tax Nos. 1110806 1110101, 1110102 1110107, 1110108 1110113, 1110114 1110119, 1110120 1110125, 1110126 and 1110131, 1110807 1110103 1110109 1110115 1110121 1110127 1110808, 1110809 1110104, 1110105 1110110, 1110111 1110116, 1110117 1110122, 1110123 1110128, 1110129 and on the question of rezoning from RM-2, Residential Multifamily, Medium Density District, to RM-1, Residential Multifamily, Low Density District, Official Tax Nos. 1110801, 1110802, 1110803, 1110804, and 1110810. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. Ail parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 29th day of , 1996. Mary F. Parker, City Clerk. Publish in the ]~lg~,~;ilz~, once on Thursday, June 6, 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. PARKE~, CMC/AAE Civ/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 4, 1996 File ~L51 Carolyn H. Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: 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 headng for Monday, June 17, 1998, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City Planning Commission that certain parcels of land in the southwest quadrant of the City, bounded generally by Jackson Avenue on the north, 12th Street on the west, Salem Avenue on the south, and 10th Street on the east, identified as Official Tax Nos. 1211402, 1211502- 1211505, inclusive, and 1211508- 1211512, inclusive, and property owned by Norfolk Southern Corporation, identified as Official Tax Nos. 1110806 - 1110809, inclusive, 1110817, and 1110101 - 1110131, inclusive, be razoned from LM, Light Manufacturing District, to RM-1, Residential Multifamily, Low Density District; and Official Tax Nos. 1110801 -1110804, inclusive, and 1110810, be rezoned from RM-2, Residential Multifamily, Medium Density District, to RM-1, Residential Multifamily, Low Density District. For your information, I am enclosing copy of a notice of the public headng, an Ordinance and report of the City Planning Commissio~ with regard to the request. Please review the documents and if you have questions, you may contact Staven J. Talevi, Assistant City Attomey, 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, City Clerk MFP:sm Enc. Carolyn H. Coles, Chairperson City Planning Commission June 4,1996 Page 2 pc: Mr. H. B. Hodges, Jr., 3608 Jae Valley Road, S. E., Roanoke, Virginia 24014 Mr. and Mrs. Thomas B. Blanton, 3730 London Circle, S. W., Roanoke, Virginia 24018 Mr. Gary L. Wilson, 101 10th Street, S. W., Roanoke, Virginia 24016 Jeanne Sanborn, Agent, Real Estate and Contract Services, Norfolk Southern Corporation, 110 Franklin Road, S. E., Roanoke, Virginia 24042-0059 Ms. Mattie A. Rose, 107 10th Street, S. W., Roanoke, Virginia 24016 Greybar Electdc Co., Inc., c/o Mr. B. E. Atkins, P. O. Box 6774, Richmond, Virginia 23230 Mr. James E. Penn, 109 10th Street, S. W., Roanoke, Virginia 24016 Mr. and Mrs. Harvey Harris, 1102 Norfolk Avenue, S. W., Roanoke, Virginia 24016 Mr. and Mrs. Woodrow W. Nackley, 530 Walnut Avenue, S. W., Roanoke, Virginia 24016 Mr. and Mrs. James A. Lewis, Jr., 1105 Salem Avenue, S. W., Roanoke, Virginia 24016 Mr. Henry S. Casey, 1025 Jackson Avenue, S. W., Roanoke, Virginia 24016 Mr. Har~y Blake, 1101 Salem Avenue, S. W., Roanoke, Virginia 24016 Mr. Robert Carter, 523 Hardson Avenue, N. W., Apartment 16, Roanoke, Virginia 24016 Mr. James Carter, 918 Rorer Avenue, S. W., Roanoke, Virginia 24016 Ms. Annie G. Clark, c/o Mr. William Fitzgerald, 1033 Norfolk Avenue, S. W., Roanoke, Virginia 24016 Mr. and Mrs. John R. Garrett, 3801 Brendon Avenue, S. W., Apartment 144, Roanoke, Virginia 24018 Mr. Donald L. Stuart, 2026 Melrose Avenue, N. W., Roanoke, virginia 24017 Mr. and Mrs. H. L. Muse, c/o Geraldyne Bumpers, 1307 Rugby Boulevard, N. W., Roanoke, Virginia 24017 Mr. Lawrence W. Mitchell, 108 15th Street, S. W., Roanoke, virginia 24016 Mr. and Mrs. R. Vance, c/o Mrs. Elvire M. Wade, 35 12~ Street, S. W., Roanoke, Virginia 24016 Ms. Mary Barksdale, 1636 Andrews Road, N. W., Roanoke, virginia 24017 Amy C. Moore, Executive Director, Habitat for Humanity in the Roanoke Valley, Inc., 541 Luck Avenue, S. W., Suite 310, Roanoke, virginia 24016 Mr. T. C. Emmons, 1013 Norfolk Avenue, S. W., Roanoke, Virginia 24016 Ms. Mary R. Singleton, 1015 Norfolk Avenue, S. W., Roanoke, Virginia 24016 Mr. and Mrs. Floyd Craft, 1011 Norfolk Avenue, S. W., Roanoke, Virginia 24016 Mr. Mede P. Colston, 3302 Pittsfield Avenue, N. W., Roanoke, Virginia 24017 Carolyn H. Coles, Chairperson City Planning Commission June 4, 1996 Page 3 pc: Trustees, Jerusalem Baptist Church, c/o Ms. Estella Gordon, 1014 Norfolk Avenue, S. W., Roanoke, Virginia 24016 Mr. James W. Franklin, c/o Ms. Barbara F. Kasey, 117 Briarwood Drive, Hampton, Virginia 23666 Mr. Woodrow Hickman, Jr., 1010 Norfolk Avenue, S. W., Roanoke, Virginia 24016 Mr. Peter Banks, et al, 1014 Norfolk Avenue, S. W., Roanoke, Virginia 24016 Ms. Norma Smith, 11 14th Street, S. W., Roanoke, Virginia 24016 Hurt Park Elementary School, c/o Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools TO THE CITY CLERK OF THE CITY OF ROANOKE, VJ~RG1NIA PERTAINING TO THE REZONING REQUEST OF: Roanoke City Planning Commission for parcels in the SW ) quadrant of the City, Tax Map 121 and 111, fi.om LM and ) AFFIDAVIT RM-2 to RM-1 ) 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 22nd day of April, 1996, notices of a public hearing to be held on the 1st day of May, 1996, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: 1211504,504A, H. B. Hodges, Jr. 3608 Jae Valley Road, SE Roanoke, VA 24014 1211402 City of Roanoke Parks and Recreation Norfolk Southern Corporation Real Estate Division 110 Franklin Road, SE Roanoke, VA 24011 1211502, 503, 508, 509, 510, Graybar Electric Co., Inc. c/o B. E. Atkins P. O. Box 6774 Richmond, VA 23230 1211505 Harvey and Geneva Harris ll02Norfolk Avenue, SW Roanoke, VA 24016 1211511 James A. Lewis Jr. Alice L. Lewis 1105 Salem Avenue, SW Roanoke, VA 24016 1110817,807 Thomas B. Blanton Mary B. Blanton 3730 London Circle Roanoke, VA 24018 1110806 Gary L. Wilson 101 Tenth Street, SW Roanoke, VA 24016 1110808 M~tie A. Rose 107 Tenth Street, SW Roanoke, VA 24016 1110809 James Ella Penn 109 Tenth Street, SW Roanoke, VA 24016 1110101, 103, 109 Woodrow W. and Geneva S. Nackley 530 Walnut Avenue, SW Roanoke, VA 24016 1110102 Hen, S. Casey 1025 Jackson Avenue, SW Roanoke, VA 24016 1211512 Harry Blake 1101 Salem Avenue, SW Roanoke, VA 24016 1110127 Robe~ Ca~er 523 Ha~ison Avenue, NW, Apt. 16 Roanoke, VA 24016 1110128 James Carter 918 Rorer Avenue, SW Roanoke, VA 24016 1110104, 106 110 John R. Garrett Nancy S. Garrett 3801 Brandon Avenue, SW, Apt. 144 Roanoke, VA 24018 110115 Annie G. Clark c/o William Fitzgerald 1033 Norfolk Avenue, SW Roanoke, VA 24016 1110116 Donald L. Stuart 2026 Melrose Avenue, NW Roanoke, VA 24017 1110105 H. L. and Emma Muse c/o Geraldyne Bumpers 1307 Rugby Boulevard, NW Roanoke, VA 24017 1110107 R. and Elvira Vance c/o Mrs. Elvira M. Wade 35 12 1/2 Street, SW Roanoke, VA 24016 1110108 Habitat For Humanity 541 Luck Avenue, SW Roanoke, VA 24016 1110131, 111, 112, 113, 114, 123, 124 Hab~forHumanity 540 Campb~l Avenue, SW Roanoke, VA 24016 1110130 Merle P. Colston 3302 Pittsfield Avenue, NW Roanoke, VA 24017 1110129 James W. Franklin c/o Barbara F. Kasey 117 Briarwood Drive Hampton, VA 23666 110117 Lawrence W. Mitchell 108 15th Street, SW Roanoke, VA 24016 1110118 Mary Barksdale 1636Andrews Road, NW Roanoke, VA 24017 1110119, 126 T. C. Emmons 1013 Norfolk Avenue, SW Roanoke, VA 24016 1110120,121 Mary R. Singleton 1015Norfolk Avenue, SW Roanoke, VA 24016 1110122,125 Floyd Craft Iris Craft 1011Norfolk Avenue, SW Roanoke, VA 24016 1110801, 802, 803,810 Trustees, Jerusalem Baptist Church c/o Estella Golden 1014 Norfolk Avenue, SW Roanoke, VA 24016 1110804 Peter Banks, et al 1014Norfolk Avenue, SW Roanoke, VA 24016 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 22nd day of April, 1996. My Commission Expires: ~ ~)~ MARY E 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 May 1, 1996 SANDRA H. EAKIN Deputy City Clerk Ms. Patti Connolly The Roanoke Times 201 Campbell Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Connolly: Please cancel the attached advertisement for a Public Hearing before City Council On May 20, 1996, on the question of rezoning from LM, Light Manufacturing District, to RM-1, Residential Multifamily, Low Density District, certain property located in the City of Roanoke. The ad was scheduled to run on Friday, May 3, and Friday, May 10, 1996. Thank you for your assistance. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:s Enc. 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 RM-1, Residential Multifamily, Low Density District, the following property: Those certain parcels of land in the Southwest quadrant of the City, bounded generally by Jackson Avenue on the North, 12th Street on the West, Salem Avenue on the South, 10th Street on the East, and bearing Official Tax Nos. 1211402, 1211502, 1211503, 1211504, 1211504A, 1211505, 1211508, 1211509, property owned by Norfolk Official Tax Nos. 1110806, 1110817, 1110101, 1110102, 1110106, 1110107, 1110108, 1110112, 1110113, 1110114, 1110118, 1110119, 1110120, 1110124, 1110125, 1110126, 1110130, and 1110131, 1211510, 1211511, 1211512, Southern Corporation and 1110807, 1110808, 1110809 1110103, 1110104, 1110105 1110109, 1110110, 1110111 1110115, 1110116, 1110117 1110121, 1110122, 1110123 1110127, 1110128, 1110129 and on the question of rezoning from RM-2, Residential Multifamily, Medium Density District, to RM-1, Residential Multifamily, Low Density District, Official Tax Nos. 1110801, 1110802, 1110803, 1110804, and 1110810. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. Ail parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 1st day of May , 1996. Post-it* Fax Note 7671 Date,~-'///~pages#°f ~.3 To ~:?~;/J//. From ~A~,. ~ co. Phone" ~/_3y/~ Phone, Mary F. Parker, City Clerk. 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 MARY E PARKER, CMC/AAE City Clerk CITY O ROANOKE OFFICE OF ~E CITY CLERK 215 Church A ~e, S.W., Room 456 Roanoke, ;ginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk April 16, 1996 File #51-514 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 the City Planning Commission requesting that parcels of land in the southwest quadrant of the City, bounded generally by Jackson Avenue on the north, Twelfth Street on the west, Salem Avenue on the south, Tenth Street on the east, identified as Official Tax Nos. 1211402, 1211502 - 1211505, inclusive, and 1211508 - 1211512, inclusive, and property owned by Norfolk Southern Corporation, identified as Official Tax Nos. 1110806 - 1110809, inclusive, 1110817, and 1110101 - 1110131, inclusive, be rezoned from LM, Light Manufacturing District, to RM-1, Residential Multifamily, Low Density District; and Official Tax Nos. 1110801 -1110804, inclusive, and 1110810, be rezoned from RM-2, Residential Multifamily, Medium Density District, to RM-1, Residential Multifamily, Low Density District. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Carolyn H. Coles April 16 1996 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council 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 Attomey CITY OF ROANOKE, VIRGINIA IN THE COUNCIL OF THE CITY OF ROANOKE ..3 Rezoning of the following parcels of land in the southwest quadrant of the City, bounded generally by Jackson Avenue on the north, 12th Street on the west, Salem Avenue on the south, 10th Street on the east: Official Tax Nos. 1211402, 1211502, 1211503, 1211504, 1211504A, 1211505, 1211508, 1211509, 1211510, 1211511, 1211512, property owned by the Norfolk Southern Corporation, 1110806, 1110807, 1110808, 1110809,1110817, 1110101, 1110102, 1110103, 1110104, 1110105, 1110106, 1110107, 1110108, 1110109, 1110110, 1110111, 1110112, 1110113, 1110114, 1110115, 1110116, 1110117, 1110118, 1110119, 1110120, 1110121, 1110122, 1110123, 1110124, 1110125, 1110126, 1110127, 1110128, 1110129, 1110130, and 1110131, currently zoned LM, Light Manufacturing District, and Official Tax Nos. 1110801, 1110802, 1110803, 1110804, and 1110810, currently zoned RM-2, Residential Multifamily, Medium Density District, to RM-1, Residential Multifamily, Low Density District. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: Having moved to do so at its meeting on August 7, 1991, pursuant to the requirements of Section 15.1-491, Code of Virginia (1950), as amended, and Section 36.1-619, Code of the City of Roanoke (1979), as amended, the Planning Commission of the City of Roanoke respectfully files this Petition to Rezone and would state the following: The Planning Commission has considered land uses, zoning and development trends in this area of the City. The Planning Commission concludes that zoning of the subject properties should be consistent with the existing land uses and that the present LM, Light Manufacturing District, and RM-2, Residential Multifamily, Medium Density District, zoning districts are not appropriate. Pursuant to the provisions of Article VII of Chapter 36.1 of the Code of the City of Roanoke (1979), as amended, the Planning Commission requests that the parcels of land bearing the official tax numbers listed above, lying in the southwest quadrant of the City be rezoned from LM, Light Manufacturing District, and RM-2, Residential Multifamily, Medium Density District, to R/VI-l, Residential Multifamily, Low Density District. The owners of these parcels of land are identified in Exhibit A attached hereto. 3. It is submitted that the rezoning of the subject tract will further the intent and the purpose of the City's zoning regulations and its comprehensive plan and will further the general welfare and good zoning practices by: (1) making the existing use of the subject property consistent with the proper zoning category for that type use; (2) encouraging additional residential development to locate in a distressed area; and (3) ensuring that the subject property will be used in the future in a manner that will not negatively impact adjoining residential properties. 4. As this rezoning entails more than 25 parcels of land, adjoining property owner notification is not required as set out in Sec. 15.1-43 I, Code of Virginia (1950), as amended. WHEREFORE, the Planning Commission of the City of Roanoke requests the subject property be rezoned to RM-1, Residential Multifamily, Low Density District, and that the City's zoning maps be amended accordingly. Respectfully submitted, ROANOKE CITY PLANNING COMMISSION Chairman 1211504, 504A, H. B. Hodges, Jr. 3608 Jae Valley Road, SE Roanoke, VA 24014 1211402 City ofRoanoke Parks and Recreation Norfolk Southern Corporation Real Estate Division 110 Franklin Road, SE Roanoke, VA 24011 1211502, 503, 508, 509, 510, Graybar Electric Co., Inc. c/o B. E. Atkins P. O. Box 6774 Richmond, VA 23230 1211505 Harvey and Geneva Harris 1102 Norfolk Avenue, SW Roanoke, VA 24016 1211511 James A. Lewis Jr. Alice L. Lewis 1105 Salem Avenue, SW Roanoke, VA 24016 1211512 Harry Blake 1101SalemAvenue, SW Roanoke, VA 24016 1110817, 807 Thomas B. Blanton Mary B. Blanton 3730 London Circle Roanoke, VA 24018 EXHIBIT A 1110806 Gary L. Wilson 101 Tenth Street, SW Roanoke, VA 24016 1110808 Mattie A. Rose 107 Tenth Street, SW Roanoke, VA 24016 1110809 James Ella Penn 109 Tenth Street, SW Roanoke, VA 24016 1110101,103,109 WoodrowW. andGeneva S. Nac~ey 530Walnut Avenue, SW Roanoke, VA 24016 1110102 HenryS. Casey 1025 Jackson Avenue, SW Roanoke, VA 24016 1110127 Robe~ Ca.er 523Harrison Avenue, NW, Apt. 16 Roanoke, VA 24016 1110128 James Ca~er 918 Rorer Avenue, SW Roanoke, VA 24016 1110104, 106 110 John R. Garrett Nancy S. Garrett 3801 Brandon Avenue, SW, Apt. 144 Roanoke, VA 24018 1110105 H. L. and Emma Muse c/o Geraldyne Bumpers 301 Gilmer Avenue, NW #3 Roanoke, VA 24016 1110107 R. and Elvira Vance c/o Mrs. Elvira M. Wade 35 12 1/2 Street, SW Roanoke, VA 24016 lll0108 Habitat For Humanity 541 Luck Avenue, SW Roanoke, VA 24016 1110131, 111, 112, 113, 114,123, 124 Habitat forHumanity 540 Campbell Avenue, SW Roanoke, VA 24016 1110130 Merle P. Colston 3302 Pittsfield Avenue, NW Roanoke, VA 24017 1110129 James W. Franklin c/o Barbara F. Kasey 117 Briarwood Drive Hampton, VA 23666 1110115 Annie G. Clark c/o William Fitzgerald 1033 Norfolk Avenue, SW Roanoke, VA 24016 1110116 Donald L. Stuart 2026Melrose Avenue, NW Roanoke, VA 24017 1110117 Lawrence W. Mitchell 108 15th Street, SW Roanoke, VA 24016 1110118 Mary Barksdale 1636 Andrews Road, NW Roanoke, VA 24017 1110119, 126 T. C. Emmons 1013 Norfolk Avenue, SW Roanoke, VA 24016 1110120, 121 Mary R. Singl~on 1015Norfolk Avenue, SW Roanoke, VA 24016 1110122, 125 Floyd Craft Iris Craft 1011 Norfolk Avenue, SW Roanoke, VA 24016 1110801, 802, 803, 810 Trustees, Jerusalem Baptist Church c/o Estella Golden 1014 Norfolk Avenue, SW Roanoke, VA 24016 1110804 Peter Banks, ~ al 1014Norfolk Avenue, SW Roanoke, VA 24016 ¢ ........ ,, ,"!,,,,.,,,, NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE cITy, PLANNING COMMISSION TO WHOM IT MAY CONCEKN: The Roanoke City Planning Commission will hold a public hemring on Wednesday, May 1, 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: Rezoning of the following parcels of land in the southwest quadrant of the City, bounded generally by Jackson Avenue on the north, 12th Street on the west, Salem Avenue on the south, 10th Street on the east: Official Tax Nos. 1211402, 1211502 1211503, 1211504, 1211804A, 1211505, 1211508, 1211509, 1211510, 1211511 1211512, property owned by the Norfolk Southern Corporation, 1110806, 1110807 1110808, 1110509,1110817, 1110101, 1110102, 1110103, 1110104, 1110105 1110106, 1110107, 1110108, 1110109, 1110110, 1110111, 1110112, 1110113 1110114, 1110115, 1110116, 1110117, 1110118, 1110119, 1110120, 1110121 1110122, 1110123, 1110124, 1110125, 1110126, 1110127, 1110128, 1110129, 1110130, and 1110131, currently zoned LM, Light Manufacturing District, and Official Tax Nos. 1110801, 1110802, 1110803, 1110804, and 1110810, currently zoned RM-2, Residential Multifamily, Medium D~sity District, to RM-1, Residential Multifamily, Low Density District. A copy of said application is available for review in the Department of Planning and Community Development, Room 162, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franldin, Secretary Roanoke City Planning Commission Please print in newspaper on Tuesday, April 16, 1996 and Tuesday, April 23, 1996 Please bill and send affidavit of publication to: Department of Planning and Community Development Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011